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2020/11/24 City Council Agenda Packet "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING Tuesday, November 24, 2020 Open Session: 5:00 PM *COVID-19 NOTICE* Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the State of California and the Sonoma County Health Official’s March 17, 2020 and March 31, 2020 Shelter in Place Orders, the City Council Meeting will not be physically open to the public and City Councilmembers will be teleconferencing into the meeting via Zoom Video Communications software. How to observe the Meeting: To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting on Cable Channel 26 or by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central How to submit Public Comment: Members of the public may provide public comment by sending comments to the Clerk by email at publiccomment@rpcity.org Comments are requested by 3:00 p.m. on the day of the meeting, but can be emailed until the close of the Agenda Item for which the comment is submitted. Email comments must identify the Agenda Item Number in the subject line of the email and should be a maximum of 350 words, which corresponds to approximately 3 minutes of speaking time. The comments will be read for the record, with a maximum allowance of 30 minutes of total public comments, subject to the Mayor’s discretion. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read for the record or considered in connection with the agenda item. American Disability Act Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at vperrault@rpcity.org or by calling 707-588-2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Adams_____Belforte_____Stafford_____Mackenzie_____Callinan_____) 2.PRESENTATIONS 2.A Mayor's Proclamation: Honoring Human Resources Technician Sharon Morrow on the Occasion of Her Retirement Item 2.A. 3.DEPARTMENT HEAD BRIEFINGS 3.A Certificate of Achievement for Excellence in Financial Reporting presented to the City of Rohnert Park for its Comprehensive Annual Financial Report for the Fiscal Year ended in June 30, 2019 Item 3.A. 4.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 5.CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. Council Motion/Roll Call Vote: (Adams_____Belforte_____Stafford_____Mackenzie_____Callinan_____) 5.A Acceptance of Reports for: 5.A.1 .City Bills/Demands for Payment dated October 31 through November 16, 2020 raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code Section 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. 5.B Approval of Minutes for: 5.B.1. City Council/RPFA/Successor Agency Joint Regular Meeting, April 9, 2019 5.B.2. City Council RPFA Successor Agency Joint Regular Meeting, April 23, 2019 5.B.3. City Council/RPFA/Successor Agency Joint Regular Meeting, May 28, 2019 5.B.4. City Council/RPFA/Successor Agency Joint Regular Meeting, June 11, 2019 5.B.5. City Council/RPFA/Successor Agency Joint Regular Meeting, June 25, 2019 5.B.6. City Council/RPFA/Successor Agency Joint Regular Meeting, July 9, 2019 5.B.7. City Council/RPFA/Successor Agency Joint Regular Meeting, September 10, 2019 5.B.8. City Council/RPFA/Successor Agency Joint Regular Meeting, November 10, 2020 5.C Adopt Resolution 2020-100 Accepting the Development Impact Fee Report for Fiscal Year July 1, 2019 through June 30, 2020 Item 5.C. 5.D Adopt Resolution 2020-101 Authorizing the City Manager to Execute Master Service Agreements with Associated Right of Way Services, BC Engineering, Inc., Brelje & Race Consulting Civil Engineers, Cinquini & Passarino, Inc., Coastland Civil Engineering, Inc., CSG Consultants, Inc., Green Valley Consulting Engineers, Kimley-Horn and Associates, Inc., LCA Architects, Moe Engineering, Inc., Overland Pacific and Cutler, Inc., and Whitlock & Weinberger Transportation Item 5.D. 5.E Adopt Resolution 2020-102 Authorizing and Approving a Public Facilities Fee Credit Agreement with University District LLC for the Keiser Avenue Underground Utility Construction (CEQA Status: Categorically Exempt Under California Environmental Quality Act Guidelines Section 15061(b)(3)) Item 5.E. 5.F Adopt Resolution 2020-103 Authorizing the City Manager to Create a New Capital Improvement Program (CIP) Project for the Golf Course Banquet Building Roof Replacement Project and Increase Appropriations by $375,000 in the Fiscal Year 2020-21 Budget for the Project (CEQA Status: Exempt) Item 5.F. 5.G Adopt Resolution 2020-104 Approving Amendments to the Joint Powers Agreement and Bylaws of Redwood Empire Municipal Insurance Fund (REMIF) and Approving the Joint Powers Agreement and Bylaws for California Intergovernmental Risk Authority (CIRA) Item 5.G. 5.H Adopt Resolution 2020-105 Authorizing the Finance Director to Increase FY 20-21 Appropriations from the Spreckles Performing Arts Center Capital Facility Fund for Rewiring and Facility Repairs at the Performing Arts Center (PAC) Item 5.H. 5.I Adopt Resolution 2020-106 Approving an Increase to General Fund Appropriations of $11,586,125 for Fiscal Year 2019-2020 for Previously Approved Action to Lower Unfunded Pension Liability Item 5.I. 6.REGULAR ITEMS 6.A Receive an Informational Presentation Regarding the Climate Center's "Climate-Safe California" A. Staff Report B. Public Comments C. Council discussion/direction Item 6.A. 6.B City of Rohnert Park’s Response to Novel Coronavirus (COVID-19) A. Verbal Staff Report B. Public Comments C. Council discussion/direction 7.COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. 7.A Standing Committees: 7.B Liaison Assignments: 1. Rohnert Park Chamber of Commerce Board of Directors Meeting (11/17) 7.C Outside Agency Appointments: 1. Zero Waste Sonoma Board of Directors Meeting (11/18) 2. Sonoma County Mayors' and Councilmembers' Association Special Meeting (11/19) 3. Mayors and Council Members' Association of Sonoma County Legislative Committee (11/20) 7.D Other Reports: 8.COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 9.MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 10.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 11.ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, 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 CITY COUNCIL OF THE CITY OF ROHNERT PARK Human Resources Technician S HARON M ORROW On the Occasion of Her Retirement Whereas, Sharon Morrow will retire after 21 years of loyal service to the City of Rohnert Park on December 19th, 2020; and Whereas, Sharon began her career with the City of Rohnert Park in 1999 as a part-time Secretary I and soon advanced to Office Assistant I, then part-time Human Resources Technician before becoming a full- time Human Resources Technician, the position she holds today; and Whereas, Sharon was a valuable addition to the Human Resources Department, early in her tenure she received a “Team Player” employee award. Sharon was not afraid to tackle anything new or different and often reached out to support her coworkers. Sharon’s dedication to the City is evident in her enthusiasm in helping others; and Whereas, Sharon continuously showed compassion while delivering quality customer service to applicants and employees. As the primary contact for worker’s compensation claims, Sharon demonstrated unwavering patience and impeccable attention to detail. Her masterful approach to customer service has been a huge asset to the City of Rohnert Park; and Whereas, Sharon has served the City with excellence; her ability to provide exemplary service to others will be greatly missed. Sharon’s kindhearted approach to everything she did will continue to inspire others in the Human Resources Department for years to come. Now, Therefore, be it Proclaimed that I, Joseph T. Callinan, as Mayor and on behalf of the City Council of the City of Rohnert Park, do hereby extend appreciation to Sharon Morrow for 21 years of service to the City of Rohnert Park, and wish her the best of luck in the next chapter of her life. Duly and Regularly Proclaimed this 24th day of November, 2020. CITY OF ROHNERT PARK Joseph T. Callinan, MAYOR Item 2.A. 10/29/2020 Joseph Callinan Mayor City of Rohnert Park, California Dear Mayor Callinan: We are pleased to notify you that your comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2019 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and give appropriate publicity to this notable achievement. A sample news release is included to assist with this effort. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Michele Mark Levine Director, Technical Services Item 3.A. Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Rohnert Park California For its Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2019 Executive Director/CEO ctrY BrLLS/DEMANDS FOR PAYMENT f November 24,2020 Check Number: 265396 - 265642 Dated: October 31,2020 - November 16,2020 TOTAL $1,575,255.56 $1,575,255.56 Item 5.A.1. Accounts PayableChecks for ApprovalUser: jstuardPrinted: 1111612020 - 10:39 AMCheck Number Check Date Fund NameAmount26539626539626539626s39626539626539626539626539626s39626s39726s39826539926s39926s39926s399265399265399265400265400rU02120201u02120201U02120201U0212020rt/021202011102/20201U02t2020tU0212020rU0212020General FundSewer Utility FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundSewer Utility FundISF - FleetWater Utility FundSewer Utility FundGeneral FundGeneral FundGeneral FundSewer Captial Project FundSewer Captial Project FundAccount NameJanitorial Services - ComCtrJanitorial Svcs - SWRContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCJanitorial Services - ComCtrJanitorial Svcs - SWRUniform Laundry Svcs -FleetUniform Laundry Svcs -WaterUniform Laundry Svcs -SewerUniform Laundry Svcs-PWUniform Laundry Svcs-StreetUniform Laundry Svcs -Parks2019 Interceptor Outfall - P22019 Interceptor Outfall - P2Vendor NameABM Services IncABM Services IncABM Services IncABM Services IncABM Services IncABM Services IncABM Services IncABM Services IncABM Services IncCheck Total:Advanced Traffi c ProductsCheck Total:American Storage LLCCheck Total: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.Check Total:BRELJE & RACE CONSULTINGBRELJE & RACE CONSULTINGCheck Total:2t7.82217.824,916.241,240.126s3.24326.521,566.74140.002t7.821U0212020Capital Projects Fund TR-126 Trafüc Sgnls Sys Rplctu0212020General FundRepairs & Maint Routine-PAC9,496.328,046.428,046.42150.00r 50.0027.9654.733l.6032.7038.47181.58367.04t9,201.25945.0020,146.2584.00rv0212020tt/0212020tU02120201v021202011t0212020tv02/2020tU0212020tU02/202026s4011U02/2020General FundRec Refund ClearingPage IVanessa ChungCheck Total84.00 Check Number26540226540226540226540226540226s402265402265402265402Check Date11/021202011/02t2020tt/02120201t/02t20201t/02t20201v02t2020tv02/2020tv02/2020tvo2t2020Fund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundCapital Projects FundCapital Projects FundGeneral FundGeneral FundGeneral FundWater Utility FundGeneral FundWater Utility FundSewer Utility FundISF - FleetISF - FleetVendor NameCintasCintasCintasCintasCintasCintasCintasCintasCintas2007R - PFF Loan Repaymts OF-81 CityHall Generator Cnnct2007R - PFF Loan Repaymts OF-82 Sr Cnt Generator ConnectSewer Captial Project Fund rWA-37 Swr Sys Mstr Pln ImplmntAccount NameContracted Svcs - EOCContracted Svcs - EOCConfracted Svcs - EOCRepairs & Maint Routine-PSMainRepairs & Maint Routine - CHConfracted Svcs - EOCRepairs & Maint Routine - PS-SContracted Svcs - EOCRepairs &Maint Routine - PS-NTR-l26 Traffrc Sgnls Sys RplcTR-134 Traffic Sgnl InfrstrctrSpec Dept Exp - StreetsSpec Dept Exp - ParksSpec Dept Exp - StreetsSpec Dept Exp - WaterSpec Dept Exp - EOCSmTools&Equip-WTRSmTools&Equip-SewerEquipment under 5K - FleetEquipment under 5K - FleetCheck Total:Coastland Civil Engineering Inc.Check Total:Commercial Pool Systems Inc.Check Total:Complete Welders SupplyCheck Total:DC Electric Group Inc.DC Electric Group Inc.Check Total:FastenalFastenalFastenalFastenalFastenalCheck Total:GHD INC.GHD INC.GHD INC.Check Total:Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Amount22.1622.16, 22.168.5848.8922.t66.5382.169.45rr/02/2020Capital Projects FundTR-120 20-22Yar Street Mgmttl/02/2020General FundRepairs & Maint Routine-Aquati265405tu02/2020Sewer Utility FundEquip Lease - Sewer26540326540426540626s40626540726540726540726s40726s40726540826540826540826s40926540926540926s409tr/02t2020r1/02t2020tt/0212020t1/02t20201U0212020rt/02t2020tt/02/2020tt/02t2020tt/02/2020rv02/2020rvo2/2020rt/02/2020tt/02/2020tv02/20202U.2511,672.5011,672,5020t.5720t.57101.75r01.754,500.0014,976.0019,476.0064.36210.982r0.98210.982,312.683,009.984,042.sl2,t28.002,529.648,700.15-l 14.19-tl4.l9872.0190.66Page2Check Total734.29 Check Number2654r0265410Check DatetU0212020rU02/2020Fund NameSewer Captial Project FundSewer Captial Project FundAccount Name2019 Interceptor Outfall - P2Retention Payable-SWR CIPVendor NameInsituform TechnologiesInsituform TechnologiesCheck Total:Iteris, IncIteris, IncCheck Total:Kimley Horn and Associates,Inc.Kimley Horn and Associates,Inc.Check Total:Loving Campos Associates, Architects, Inc.Loving Campos Associates, Architects, Inc.Check TotalNick Barbieri Trucking LLCNick Ba¡bieri Trucking, LLCNick Barbieri Trucking LLCNick Barbieri Trucking, LLCCheck Total:Pace SupplyPace SupplyPace SupplyCheck Total:PJC & ASSOCIATES INCCheck Total:R&B A Core & Main ComPanYCheck Tot¿l:Redwood Lock Inc.Check Total:Ridgeview Builders IncRidgeview Builders IncCheck Total:Sonoma County Tax CollectorAmount136,491.42-6,824.57129,666.858,700.0039,652.4348,352.43t,689.292,374.424,063.715,678.157,933.7513,611.90829.09499.47106.98335.522654112654111u0212020rU0212020ru021202011t02t2020rU02120201v0212020rU0212020r110212020ty02120201u0212020tt/0212020rv0212020ru02t2020tr/0212020tU02/2020Capital Projects FundCapital Projects FundCapital Projects FundCapital Projects FundGeneral FundGeneral FundGeneral FundGeneral FundWater Utility FundWater Utility FundGeneral FundCapital Projects FundCapital Projects FundTR-126 Traffrc Sgnls SYs RPlcTR-I35 Video Detection RPlcmntOF-01 Westside PS BuildingoF-01 westside PS BuildingUnleaded Fuel InventoryUnleaded Fuel InventoryDiesel Fuel InventoryUnleaded Fuel InventoryDistributionSystemRepair-WaterDi stributionSystemRepair- WaterSales Tax PayableOF-01 Westside PS BuildingRetention Payable - CIP26541226s4122654132654r32007R - PFF Loan Repaymts TR-124 St Farm Trffc ImprvmntCapital Projects Fund TR-128 Railroad Safety Imprvmn26541426s4r4265414265414r,771.061,499.29-3.343.342654152654152654t52654162654172654182654192654191110212020 capital Projects Fund oF-01 westside PS Buildingryo2/2020General FundSpec Dept Exp - ParksrU0212020Sewer Utility FundSpec Dept Exp -Sewer1,499.293,870.503,870.50404.37404.378.43315,641.48-15,782.07299,859.4rt1,937.658.432654201110212020 Water Utility FundProperty Tax - WTRPage 3 Check Number265420Check Datett/02/2020Fund NameWater Utility FundGeneral FundSewer Captial Project FundSewer Captial Project Fund26542r265422265422265423tu02/2020ru0212020tu02/2020Account NameProperty Tax - WTRSpec Dept Exp - Streets\ryrW-33 Station #l VFD & MotorsRetention Payable-SWR CIPVendor NameSonoma County Tax CollectorCheck Total:Sweet Lane Nursery and Vineyards, Inc.Check Total:Telstar Instruments Inc.Telstar Instruments Inc.Check Total:Westem Pacific Signal,LLCCheck Total:Cindy BagleyCindy BagleyCindy BagleyCindy BagleyCindy BagleyCindy BagleyCindy BagleyCindy BagleyCheck TotalMichael BatesMichael BatesMichael BatesMichael BatesMichael BatesMichael BatesMichael BatesMichael BatesCheck Total:Ellen BeardsleyEllen BeardsleyEllen BeardsleyEllen BeardsleyEllen BeardsleyEllen BeardsleyEllen BeardsleyEllen BeardsleyAmount1t,937.6s23,875.3070.3670.36I12,009.50-5,600.48106,409.023,202.693,202,6942.0024.0044.0040.0044.0038.0042.0042.0031ó.0010.0020.0032.0018.0020.0020.006.0010.00136.0032.0018.0038.0034.0034.0054.0036.0028.00tt/02/2020Capital Projects Fund TR-126 Traffic Sgnls Sys Rplc26s42426s42426542426542426542426542426542426542426s42526542526542526542526542526542526542526542526542626542626542626542626542626542626542626s426rU02/2020rt/02t2020ll/02/2020tt/02t2020tt/02/2020tt/0212020tt/02t2020tt/02/2020r1/02/2020tt/0212020tt/02/2020tt/02/2020tt/0212020rr/02120201r/02/2020tt/02/2020tu02/2020tt/02/20201t/02/2020tt/02t2020ll/02/2020tt/02/2020lll02/2020lv02/2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundTelephone & Internet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EocTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Internet-E0CPage 4 Check Number Check Date Fund NameAccount Name1U0212020General FundRecruitment - AS1U02/2020General FundContract Svcs - Streetstv0212020General FundEng. Permit Fees - DS2654301110212020 Abandoned Veh Abatement-A'Contract Svc - AVA26542726542826542926543126543126543226543226543226s433265435tU02/20201U02t20201u0212020rU0212020rU0212020tt/0212020Gen Plan Maintenance Fee Ful General Plan & Labor ProjectGen Plan Maintenance Fee FurGeneral Plan & Labor ProjectVendor NameCheck Total:Katherine BreeherCheck Toøl:CA Dept. of TransPortationCheck Total:Comcast Cable CorPorationCheck Total:Creams Dismantling IncCheck TotalCSG Consultants, IncCSG Consultants, IncCheck Total:DeparEnent of ConservationDeparhnent of ConservationDepartment of ConservationCheck Total:Catherine DeRosaCheck Total:Amount274.0025.0025.00121.20121.201,452.001,452.002,500.002,500.003,4t2.503,893.757,306.251,389.5024.78-70.711,343.57174.0026543426543426543426s434265434265434265434265434265434tU02/20201U02t2020t!0212020tU021202011t0212020t110212020ruo2l2020rU02t20201U0212020DudekDudekDudekDudekDudekDudekDudekDudekDudekt74.00201.00-201.00201.00202.00202.009,932.883,028.67-3,028.673,028.67Strong MotionStrong MotionStrong MotionGeneral FundGeneral FundGeneral FundGeneral FundCapital Projects FundCapital Projects FundCapital Projects FundGeneral FundGeneral FundGeneral FundStrong Motion Fee Cat I PYbleStrong Motion Fee Cat 2 PYbleStrong-Motion Fees dheldTelephone & Internet-EOCSales Tax Payable2297 Revenue - DS2297 Expenses - DSSonoma Mtn Village ProjectUniversity Dist. Specific PlanPR-49 Trail to Crane Creek PrkDeveloper Refundable DePosits2297 Revenue - DS2297 Expenses - DSTelephone & Intemet-EOC1v02t2020General FundSonia EspinoCheck Total:13,566.55252.002s2.0095.8826s436tlto2l2020General FundUniforms- ParksPage 5Mario GomezCheck Total 265437265437265438tt/02/2020rr/0212020tt/02/2020tt/0212020rt/02/2020rv0212020tt/02t2020tl/0212020tt/02/2020tv02/2020tt/02/2020Check Number Check Date Fund NameAccount NameContract Srvcs - SESP CFDContract Srvcs - SESP CFDRepairs & Maint Routine - CHTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Intemet-EOCTelephone & Internet-EOCTelephone & Internet-EOCUnleaded Fuel InventoryDiesel Fuel InventoryGas&Oil-PoliceUnleaded Fuel InventoryGas&Oil-FireUnleaded Fuel InventoryDiesel Fuel InventoryOfüce Supplies - PoliceOffice Supplies - PoliceOfüce Supplies - PoliceVendor NameCheck Total:Goodwin Consulting Group IncGoodwin Consulting Group IncCheck Total:Grainger Inc.Check Total:Lori NewzellLori NewzellLori NewzellLori NewzellLori NewzellLori NewzellLori NewzellLori NewzellCheck Total:Nick Barbieri Trucking LLCNick Barbieri Trucking LLCNick Ba¡bieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCCheck Total:Offrce DepotOfüce DepotOffice DepotCheck Total:Check Total:SESP CFD FundSESP CFD FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundAmount95.883,4s6.255,090.008,546.25162.7026543926543926543926543926543926543926s43926543926544026544026544026s44026544026s440265440162.7032.0012.0036.0030.0034.003ó.0034.0030.00tvo2/2020tl/02/2020tu02/2020tU02/2020tu02/2020tv02/2020rU0212020265441265441265441265442265443rr/02/2020tt/0212020rt/02t2020ll/02/2020General FundTelephone & Internet-EOCMonica Padilla1v02t2020General FundTelephone & Internet-EOCTeresa PiotrkowskiSuccessor Agency Housing Fu Contract Srvc - Housing Admin244.00493.2915.16366.27406.50225.37t66.4680.141,753.19-304.39409.57-2t.8483.34148.00r48.00300.00300.0012,622.8126s444t!02/2020Page 6PlaceWorks, Inc.Check Total: 26s450tr/0212020Gas Tax Fund-2105-2106-210'Contract Svcs - Gas Tax265451rU0212020General FundTelephone & Internet-EOCCheck Number Check Date Fund Name2654451110212020 General Fund265446tU02/2020General Fund265447rU0212020General Fund2654481y0212020General FundAccount NameTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Intemet-EOCSelf Insured Losses-ParksContract Svcs - PS Bldg-NorthContract Svcs - PS MainSpec Dept Exp-Meas M ParksSpec Dept Exp-Meas M Pa¡ksSpec Dept Exp-Meas M ParksSpec Dept Exp-Meas M ParksSpec Dept Exp-Meas M ParksSpec Dept Exp - ParksTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Intemet-EOCTelephone & Internet-EOCTelephone & Internet-EOCTelephone & Intemet-EOCVendor NameCheck Total:Kim ProutyCheck Total:Cassandra Quilala-NickelCheck Total:Tracy RankinCheck Total:Redwood Lock Inc.Check Total:Rentokil North Americ4lnc.Rentokil North America,Inc.Check Total:Sonoma County Transportation AuthorityCheck Total:Rebecca SoteloCheck TotalUnited Forest Products, Inc.United Forest Products, Irlc.United Forest Products, Inc.United Forest Products, Inc.United Forest Products, Inc.Check Total:United Rentals North American,Inc'Check TotalLisa WeiresMarilyn WellerMarilyn WellerMariþ WellerMariþ WellerMarilyn Weller26544926s4492654s226545226s4522654522654522654s326s454265455265455265455265455265455rv0212020tv0212020tv02120201u0212020tU02/2020tv0212020rr/02120201U02t2020tv02120201U0212020tv02/2020t|02t2020General FundGeneral FundMeasure M ParksMeasure M ParksMeasure M ParksMeasure M ParksMeasure M ParksGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundAmountt2,622.8160.0060.00296.00296.00300.00300.00703.90703.9085.00ó0.00145.0032,955.0032,955.00278.00278.00625.14175.37648.42327.46880.072,656.46274.68274.68310.00310.0026.0022.0044.0040.0040.00rU02/2020General Fund1110212020General FundPageTCheck Total: Check Number265455265455265455Check Datetl/0212020tl/02/2020tt/02/2020Fund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundISF - FleetISF - FleetWater Utility FundSewer Utility FundGeneral FundGeneral FundGeneral Fund265456265457265458265459265460tU02/2020tt/0512020tt/0512020tt/0512020tt/0s/2020tt/0512020rt/0st2020tt/0st2020tt/05t20201t/0512020t1/0512020tt/0512020tu0512020tu05/2020tlt05/2020tu05/2020tu0s/2020tlt05/2020ru05/2020tv0s/2020tv05/2020tU05/2020rU05/2020tt/05t2020tt/051202026546126546126546t26546126546126546126546tAccount NameTelephone & Internet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCTelephone & Intemet-EOCMgmt Med Reimb- Retiree MedMgmt Med Reimb- Retiree MedMgmt Med Reimb- Retiree MedMgmt Med Reimb- Retiree MedContract Svcs - FleetUniform Laundry Svcs -FleetUniform Laundry Svcs -WaterUniform Laundry Svcs -SewerUniform Laundry Svcs-PWUniform Laundry Svcs-StreetUniform Laundry Svcs -ParksVendor NameMarilyn WellerMarilyn WellerMarilyn WellerCheck Total:Carrie WillisCheck Total:Check Total:Check Total:Check Total:Check Total: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.A¡amark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Check Total:AT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAmount26.0024.0028.00250.00300.00300.00228.87228.87436.73436.73853.40853.40340.31340.31278.0227.9654.7331.6032.7038.47r8r.58645.06r,548.77t,092.2355.76138.54193.7677.8055.7655.766t3.3685.80125.47234.8867t.6626546226546226546226546226s46226546226546226s46226546226546226546226s462265462Sewer Utility FundWater Utility FundISF - FleetGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundCeneral FundGeneral FundGeneral FundGeneral FundGeneral FundCell Phone - SewerCell Phone - WTRCell Phone - FleetCell Phone - CMCell Phone - DSCell Phone - HRCell Phone - PoliceCell Phone - FireCell Phone - FireCell Phone - ASCell Phone - PìJ/Cell Phone - StreetsCell Phone - ParksPage I Check Number26546226546226546226546226s462Check Datetu05/20201y05120201110512020t1t0512020t!0s12020Fund Name Account NameGeneral Fund Cell Phone - SrCGeneral Fund Cell Phone - Storm DrainsISF - Information Technology Cell Phone - ITGeneral Fund Cell Phone - PoliceGeneralFund CellPhone-RPCCVendor NameAT&TMOBILITYAT&TMOBILITYAT&T MOBILITYAT&TMOBILITYAT&T MOBILITYCheck TotalMiaAvilaCheck Total:Boehringer Ingelheim Animal Health USA Inc-Check Total:Butler Animal Health Holding Company'LlCButler Animal Health Holding Company,LlCCheck Total:Check Total:Amount22.0441.12133.563,927.6140.949,114.8225.0025.00361.87361.8740.18955.44995.6243r.74265463rU0512020General FundRecruitment - CM26546411/0512020 Spay and Neuter Fund Meds for clinic- Spay & Neuter26546526s46526s46626546826546826s4682654692654691u0512020t!0512020rU05120201u0512020rv05/2020tU05120201U0512020rU0512020ry0512020t1t05/20201u0512020l!051202011t05/202011t05/20201v05t2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund1U0512020Water Utility FundDistributionSystemRepair-Water CALMAT CO.Clinic expens NOT Sp&NtrElgbleClinic expens NOT Sp&NtrElgbleRepairs & Maint Routine-PSMainContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCRepairs & Maint Routine - PS-SContracted Svcs - EOCRepairs &Maint Routine - PS-NEquipment Rental - ParksTree Removal In-Lieu Fee DePTree In Lieu Revenue - ParksSpec Dept Exp - PS Bldg-NorthSpec Dept Exp - PS Bldg-SouthCheck Total:Cresco Equipment Rentals & AffiliatesCresco Equipment Rentals & AffïliatesCresco Equipment Rentals & AffiliatesCheck TotalCulliganCulligan26s46726546726546726546726s46726s46726546726s467CintasCintasCintasCintasCintasCintasCintasCintas431.748.5822.1622.t622.1628.756.5389.379.45209.16126.03126.03-126.03126.0380.0080.00160.00163.77Clinic expens NOT Sp&NtrElgble Elanco US Inc.2654701y0512020General FundPage 9Check Total: Check Number Check Date Fund Name265471rt/05/2020General FundAccount NameContract Svcs - Gold RidgeSpec Dept Exp - ParksSpec Dept Exp - ParksSpec Dept Exp - StreetsSpec Dept Exp - WaterUniform Purchases-FleetSpec Dept Exp - ParksRepairs & Maint Routine - PWEquip over 5k-Cptl Preserv WTRVendor NameCheck Total:Eureka Oxygen Co.Check Total:FastenalFastenalFastenalFastenalCheck Total:Fraser Shoes, Inc.Check Total:Grainger Inc.Grainger Inc.Grainger Inc.Check Total:Henris Supply Inc.Henris Supply Inc.Check Total:Moonlight BPO LLCMoonlight BPO LLCMoonlight BPO LLCMoonlight BPO LLCCheck Total:Sharon MorrowCheck Total:National Account ServicesNational Account ServicesNational Account ServicesNational Account ServicesNational Account ServicesNational Account ServicesCheck Total:Nick Barbieri Trucking LLCNick Ba¡bieri Trucking LLC26547226547226547226547226547326547426547426547426547526547526547626547626s476265476265477ll/0512020tU05/2020tu05/2020tU05/2020tl/0512020rt/05/2020tU05/2020rt/05/2020rt/05/2020rUos/2020tU0s/2020tv05/2020tv05/2020tU05/2020tv05/2020tU05/2020rr/05/2020tU05/2020tv0s/2020tv05/2020ty05/2020lll05/2020tlt0s/2020General FundGeneral FundGeneral FundWater Utility FundISF - FleetGeneral FundGeneral FundWater - Capital PreservationAmount163.7740.0040.00884.35661.95161.72164.721,87E.74300.00300.00879.01239.43292.65General Fund Bldg Permit Fees - DSBuildg Standard Sp Rev SB14'Bldg Stnds/SBl473 Payablel,4l1.09226.801.0026547826547826547826547826s478265478Water Utility FundSewer Utility Fundwater utility FundSewer Utility FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundPrinting - WaterPrinting ServicesPostage & Shipping - WaterPostage & Shipping - SewerTelephone & Internet-EOCStandard Ins PayableStandard Ins PayableLife Ins - Retiree MedLife Ins - Retiree MedLife Ins - Retiree MedShort & LongTerm Disabilty PayUnleaded Fuel InventoryDiesel Fuel Inventory227.8095.4195.41295.92295.92782.66302.00302.005,752.875,653.021,435.731,436.0213, l 33.0012,891.3940,302.03428.3138.93265479265479Page 10 Check Number Check Date Fund Name26s480rU0512020General Fund265481tu0512020General FundAccount NameRec Refund ClearingRecruitment - CMRepairs & Maint Routine -ParksRepairs & Maint Routine -ParksRepairs & Maint Routine -ParksEquip over 5k-CPtl Preserv WTREquip over 5k-Cptl Preserv IWTRVendor NameCheck Total:North Bay IndustriesCheck Total:Occupational Health Centers of CaliforniaCheck Total:Redwood Lock Inc.Redwood Lock Inc.Redwood Lock Inc.Check Total:Rexel USA,IncRexel USA,IncCheck Total:ReyffElectric Co, Inc.ReyffElectric Co, Inc.Check Total:Roto-RooterCheck Total:SSA Landscape Architects IncCheck Total:Syar Industries Inc.Check Total:SyCal Engineering, Inc.Check Total:The Community Voice/Shah Family LLCCheck Total:Vintage Contractors, IncVintage Contractors, IncVintage Contractors, IncVintage Contractors, IncVintage Contractors, Inc26548226548226548226548326548326548426548426549026549026549026549026549011t05/2020tu0512020tvÛs12020rv05/2020tv05120201y0512020rU05120201U05t2020tU05120201UO5/2020tU0512020tt/0512020General FundGeneral FundGeneral FundWater - Capital PreservationWater - Capital PreservationAmount467.24400.00400.0096.5096.50336.75381.1 I808.011,525.87113.53257.51371.042,970.001.002,971.00I,150.00r,150.001,972.38t,972.38401.04401.04393.80393.80769.00769.0042,214.4880,400.006,449.00-4,020.00-2,tt0.72General Fund Bldg Permit Fees - DSBuildg Standard Sp Rev SBl4'Bldg StndsiSBl4T3 Payable2654851U0512020General FundRpr & Maint Non-Routine-ASBldg265486lll05l2o20 capital Projects Fund PR-109 Court Surfaces- Alicia26s487tt/0s12020Sewer Utility FundSpec Dept Exp -Sewer265488ll/0512020 Water - Capital Preservation Equip over 5k-Cptl Preserv WTR265489rv05t2020Capital Projects Fund OF-71 Wood Pole LightCapital Projects FundCapital Projects FundCapital Projects FundCapital Projects FundCapital Projects FundPR-97 M & H B-Ball Ct ResurfacPR-109 Court Surfaces- AliciaPR-105 Bballl Resurface S ParkRetention Payable - CIPRetention Payable - CIPPage 1 1 Check Number26s490Check Datetu0s/2020Fund NameCapital Projects FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund26549126549126549226549226549326s49426549526549626s49626549626549726549826550r265502265503lt/05/2020tr/0512020tv05/2020tv05/2020tl/05/2020rt/0st2020tv05/2020tlt0s/2020t'/05t2020tt/0st2020General Fund Bldg Permit Fees - DSBuildg Standard Sp Rev SBl4'Bldg Stnds/SBl473 PayableAccount NameRetention Payable - CIPCourt Order PayableCourt Order PayableHSABank PayablePORAC LTD PayableDef Comp Payable-GwDef Comp Payable-GwDef Comp Payable-GwDef Comp Payable-GwVendor NameVintage Contractors, IncCheck TotalWarner Custon Homes Inc.Wamer Custon Homes Inc.Check TotalFranchise Tax BoardFranchise Tax BoardCheck TotalHSA BankCheck Total:MYERS-STEVENS & TOOHEY& CO.,INC.Check Total:Nationwide Retirement SolutionsCheck Total:Nationwide Retirement SolutionsNationwide Retirement SolutionsNationwide Retirement SolutionsCheck Total:United wayCheck Total:Check Total:Isabel AuerbachCheck Total:Butler Animal Health Holding Company,LlCCheck Total:Daiohs USA Inc.Check Total:E&M ELECTRIC & MACHINERY INCAmount-322.45122,610.3t821.701.00822.70l,lE2.l5-1,182.150.001,036.531,036.532,261.202,26t.201,123.011,123.016,517.601,000.001,750.009,267.6040.0040.00228.87228.8725.0025.00571.21571.21104.10104.r023,025.63tt/05/2020General FundUnited Way Payablett/06t2020General FundMgmt Med Reimb- Retiree Medrt/12t2020General FundRec Refund Clearingllll2/2020 Spay and Neuter Fund Meds for Clinic- Spay & Neutertvr2t2020General FundContract Svcs - CHSewer - Capital Preservation Equip over 5K- SWR Cptl Presrv265504llt12/2020Page 12 265505llll2l2020 Capital Projects Fund PR-123 Eagle&Benicia Prk Lghts265506rUt2l2020General FundContract Svcs - CH265507tyt2l2020General FundTraining & Travel - PoliceCheck Number265s04Check Dateryt2/2020Fund NameWater Utility FundGeneral FundSewer Utility FundSewer Utility FundGeneral FundGeneral FundGeneral FundSewer Utility FundSewer Utility FundSewer Utility FundSewer Utility FundGeneral FundAccount NameEquip over 5K - WaterSpec Dept Exp - ASSpec Dept Exp -SewerSpec Dept ExP -SewerSpec Dept ExP - PWSpec Dept ExP - PWSpec Dept Exp - FireSpec Dept Exp -SewerSpec Dept ExP -SewerRepair & Maint EquiP - SWRRepair & Maint EquiP - SWRSales Tax PayableVendor NameE&M ELECTRIC & MACHINERY INCCheck Total:FastenalCheck Total:First Alarm Securities ServicesCheck Total:Ashley FreyerCheck Total:Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Check Total:Hadronex Inc.Hadronex Inc.Hadronex Inc.Check Total:Steve HallCheck Total:Robin Marie HansenCheck Total:dba:Associated Services Harold A. Steuber,Inc.Check TotalInformer Systems LLCCheck Total:Inland Water Works SuPPIY Co.Amount23,025.6246,051.25144.97144.97571.00571.0072.0072.0026s50926s50926s50926550926s50926550926s509265509265st02655 l02655r0265511265512265513265514tl11212020tyl2l2020tUt2l2020t!12/2020rUr2l2020tyt2l20201y1212020ryt2t202012.19-5s4.63554.6314.16r 10.9370.476r.7712.35rUr2l202orUl2l2020rv12t2020281.87548.984.90-4.90548.98198.25198.251,290.001,290.0031.8031.801,417.001,417.00r29.60tvt2l2020General FundRec Refund ClearingrUt2l2020General FundContract Svcs - AStUt2/2020General FundSpec Dept Exp - Aquaticsll/L212020General FundSoftw License & Maint- PSMeters & Supplies Existng Conn265515tt/1212020Water Utility FundPage 13 2655 l 82655182655 I 8Check Number Check Date Fund Name2655r6tt/1212020General Fund265517tt/12/2020General FundAccount NameContract Svcs - ASContract Svcs - PS MainContract Svcs - ASContract Svcs - ASContract Svcs - Spay & NeuterSpec Dept Exp - WaterUniform Laundry Svcs -SewerUniform Laundry Svcs -WaterSpec Dept Exp - StreetsSpec Dept Exp -SewerSpec Dept Exp -SewerSales Tax PayableSpec Dept Exp - StreetsSpec Dept Exp - StreetsVendor NameCheck Total:Koefran IndustriesCheck Total:Kone IncCheck Total:Barbara Leach, D.V.M.Barbara Leach, D.V.M.Barbara Leach, D.V.M.Check Total:Motion Industries,Inc,Check Total:Werle Enterprise,LlC National Print and PromoCheck Total:Check Total:Check Total:Check Total:Mark PippinMark PippinMark PippinCheck Total:PR Diamond Products IncPR Diamond Products IncPR Diamond Products IncCheck Total:Productivity Plus AccountProductivity Plus Account2655t9265520tu12/202026552t265522265523tt/t2/2020Water Utility FundGeneral FundGeneral FundSpay and Neuter FundSewer Utility FundWater Utility FundGeneral FundSewer Utility FundSewer Utility FundGeneral FundGeneral FundGeneral Fundtvt2/2020tu12/2020tvt2/2020tUt2/2020rt/12/2020tt/t2/2020tll12/2020t|12/2020tll12/2020tt/t2/2020rUt2/2020Amount129.60400.00400.00126.20126.201,900.00465.00225.002,590.0059.8159.81103.34103.34419.214t9.2t560.00560.00t96.20General Fundtt/12/2020General Fundtll12/2020General Fundtl/12/2020Water Utility FundOffice Supplies - PoliceSpec Dept Exp - EOCOfüce DepotContract Instructors - RPCCRiccardo OlivaDistributionSystemRepair-Water Pace Supply26552426552426552426552526552526552526552626s526196.20417.60417.60117.45952.65133.0010.59-10.59133.00105.96647.05Page 14 265527265527265527265s28265529265530265531265532265533265s3326s53426553s265536265s37265538265538265538Check Number Check Date Fund NameAccount NameSpec Dept Exp-Meas M ParksSpec Dept Exp-Meas M ParksSales Tax PayableTraining & Travel - PoliceTraining & Travel - PoliceRec Refund ClearingD istributionSystemRepair-WaterSpec Dept Exp - ParksDistributionSystemRepair-WaterVendor NameCheck Total:PROPET DISTRIBUTORS INCPROPET DISTRIBUTORS INCPROPET DISTRIBUTORS INCCheck Total:Redwood Lock Inc.Check Total:Rentokil North Americqlnc.Check Total:Rincon Valley Yard and Garden Inc.Check Total:CITY OF ROHNERT PARKCheck Total:Michael RubinCheck Total:Santa Rosa Junior CollegeSa¡rta Rosa Junior CollegeCheck Total:Check Total:Check Total:Check Total:Patricia Solis de LeonCheck Total:Superior Supplies Inc.Superior Supplies Inc.Superior Supplies Inc.rvl2l2020General FundSpec Dept Exp - ASlut2l2020General FundContract Svcs - AS1Ut2/2020General FundRepair & Maint EquiP - Parkstvt2l2020CapitalProjectsFund 1401 Snydernon-capitaltUt2/2020General FundSpec Dept Exp - EOClln2l2020tllr2l2020tvt2l2020tut2l2020tUt2/2020tt/1212020lU12/2020tvt2l2020Measure M ParksMeasure M ParksGeneral FundGeneral FundGeneral FundWater Utility FundGeneral FundWater Utility FundAmount753.0r828.1 565.63-65.63828.r523.1623.1680.0080.005)).JJ5)).JJ50.0050.00196.20196.20197.00236.50433.5025.0025.0023. l023.1030.0030.0072.0072.00131.89187.48252.30tUt2l2020General Fund1Ut212020General FundtU1212020Water Utility Fundtln2l2020General FundRec Refund ClearingLawrence SemenoffSpec Dept Exp - StreetsSherwin WilliamsDistributionsystemRepair-Water Soiland Co., Inc.Page 15 Check Number Check Date Fund Name26ss39tllt2/2020General FundAccount NameContract Svcs - PoliceContract Svcs - PS MainContract Svcs - CHContract Svcs - PWContract Svcs - PACContract Svcs - SpCContract Srvs - CHAContract Svcs - RPCCRepairs & Maint Routine-ASBldgContract Svcs - Gold RidgeContract Svcs - AquaticsContract Svcs - StFrmSpec Dept Exp - StreetsContract Svcs - PoliceContract Svcs - DSContract Svcs - PoliceContract Svcs - PoliceRecruitment - PoliceMeters & Supplies Existng ConnMeters & Supplies Existng ConnSpec Dept Exp - PWSpec Dept Exp -BARCSupplies - AS BldgSpec Dept Exp - PS Bldg-NorthVendor NameCheck Total:Transunion Risk & Alternative Data Solutions, Inc.Check TotalTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncTri-Signal Integration IncCheck Total:United Rentals North American,Inc.Check TotalYarbrough Bros. Towing, Inc.Check Total4 LeaflncCheck Total:American Medical Response WestAmerican Medical Response WestCheck TotalEleanor A¡ceoCheck TotalBadger MeterBadger MeterCintasCintasCintasCintas265s4026554026554026554026554026554026554026554026554026554026554026 54126554226554326554426ss44265545265546265546265547265547265547265547tut2/2020tvt2t2020tvt2/2020tt/12/2020tv12/2020tt/t2/2020rt/t2/2020tt/12/2020tr/12/2020tUt2/2020tlt12/2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fundtt/12/2020rr/1212020tt/1312020tllt3/2020tt/t3/2020tut312020rt/1312020rr/1312020tvt3/2020tu13/2020rut3/2020tUt3/2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundWater Utility FundWater Utility FundGeneral FundGeneral FundGeneral FundGeneral FundAmount571.6750.0050.001,000.00600.00600.00500.00500.00s00.00500.00500.00500.00500.00500.006,200.0064.8664.86250.00250.0019,787.8219,787.82803.40-803.400.0025.0025.0014.4142.04Page 16Check Total56.45r0.485.2412.25s.24 Check Number26554726554726554726s547265547265547265547Check Date11n3/2020tl/r312020t!131202011t1312020tUt312020rll13/2020tllt312020tu13120201v1312020tv13120201Ut3/2020lUt312020t1n3/2020rvt312020t1n3/2020tvt312020rU13t2020tUt312020tUt3/2020tU1312020rt/13t20201U13120201v1312020Fund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundISF - FleetGeneral FundSewer Utility FundGeneral FundGeneral Fundtu13/2020General FundAccount NameSpec Dept Exp - CHSpec Dept Exp - AquaticsSupplies Exp- PS Main StationSpec Dept Exp - AquaticsSpec Dept Exp - PWSpec Dept ExP - StFarmSpec Dept ExP - AquaticsRecruitment - PoliceContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSRepairs & Maint Routine - SrCPool Chemicals - AquaticsSpec Dept Exp - FleetSpec Dept Exp - SrCSpec Dept Exp -SewerSpec Dept Exp - RPCCPool Chemicals - AquaticsSpec Dept Exp - ParksVendor NameCintasCintasCintasCintasCintasCintasCintasCheck Total:Mark ClementiCheck TotalCode SourceCode SourceCode SourceCode SourceCode SourceCode SourceCode SourceCode SourceCode SourceCheck Total:County of Sonoma Dept. Of Health ServicesCheck Total:D. WALTON SAW INC.Check Toøl:Digitech ReprographicsCheck TotalEureka Oxygen Co.Eureka Oxygen Co.Eureka Oxygen Co.Eureka Oxygen Co.Eureka Oxygen Co.Eureka Oxygen Co.Eureka Oxygen Co.Amount10.485.24r5.735.2416.255.2458.3826s548265549265549265549265s49265549265549265549265s49265549265553265553265553265s53265s53265553265553265550lU1312020General FundSAExams-Police265ssl1Ut312020General FundRepair & Maint Equip - Parks265552llll3l2020 Capital Projects Fund OF-71 Wood Pole Light934.00230.751,060.00s84.921,755.00380.90399.75122.20404.30404.30149.77934.005,342.121,800.001,800.00828.00828.0063.0463.0466.50263.s48r.2630.4270.7220.81339.30872.55323.33265554rvt312020General FundPage 17FastenalCheck Total Check Number265554265554Check Datetln3/2020tt/13/2020Fund NameGeneral FundWater Utility FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGolf Course Enterprise FundGeneral FundWater Utility FundISF - FleetAccount NameSpec Dept Exp - StreetsSpec Dept Exp - WaterRecruitment - PoliceConract Svcs - PACRepair & Maint Equip - SfreetsRepairs & Maint Routine - PWRepairs & Maint Routine - PWRepairs & Maint Routine - PVy'Supplies -Golf CourseSpec Dept Exp - StreetsSmTools&Equip-WTRRepairs & Maint Routine -FleetVendor NameFastenalFastenalCheck Total:Guadalupe FigueroaCheck Total:First Alarm Securities ServicesCheck Total:Gardeners Aid,Inc.Check Total:Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Check Total:Horizon Distribulors Inc.Check Total:Kelly Moore Paint Company IncCheck Tot¿l:Marin lllnc.Check Total:National Academy of AthleticsCheck Tot¿l:Nick Barbieri Trucking LLCNick Barbieri Trucking, LLCNick Barbieri Trucking LLCNick Barbieri Trucking LLCNick Barbieri Trucking, LLCNick Ba¡bieri Trucking, LLCAmount323.33323.34970.0025.0025.00109.00109.00151.63151.6369.2t171.00-69.2t178.0510.81t28.5757t.451,059.88219.352t9.3518.7918.7952.s052.502,135.0026s55s26s55626555726555826555826555826555826555826555826555826555926ss6026556t265562265563265563265563265563265563265563tut3/2020ru13/2020tu13/2020tu13/2020tvt3/2020lvt3/2020tu1312020tu13/2020tl/t3/2020rUt3/2020rt/13/2020rr/13t2020tt/13/2020tut3/2020tut3/2020tIt3/2020ty1312020General FundSpec Dept Exp - Parks1t/t312020General FundSpec Dept Exp - Parkstt/13/2020ISF - Information Technologl Confact Svcs - ITrt/13t2020General FundContract Instructors - RPCCGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund2,135.00625.71125.68760.29268.46r83.92811.40Unleaded Fuel InventoryGas&Oil-FireGas&Oil-PoliceUnleaded Fuel InventoryDiesel Fuel InventoryUnleaded Fuel InventoryPage 18 Check Number Check Date Fund NameAccount Nametvt3/2020General FundRecruiÍnent - AS265565llll3l2020 Water Utility FundEquipment under 5K - Water265566rU13t2020General FundSpec Dept Exp - Streets26ss67tUt3/2020General FundSpec Dept Exp - Streets26s568tvt312020General FundContract Svcs - CH265564265s70265571lut3t2020General Fundtvt312020water utility FundContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSContract Svcs - DSSpec Dept Exp - ParksPurchase of Water - WaterSpec Dept Exp - StreetsVendor NameCheck Total:Occupational Health Centers of CalifomiaCheck Total:Owen EquipmentCheck Total:R&B A Core & Main ComPanYCheck Total:Reliable Hardware & Steel Co.Check Total:Rentokil North Americqlnc.Check Total:Shums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IrrcShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncShums Coda Associates IncCheck Total:Six Robblees'Inc.Check Total:Sonoma County Water AgencYCheck Total:Syar Industries Inc.Amount2,775.46r93.00193.00753.03753.0361.2361.2330.8330.8360.0026s56926s56926556926556926556926556926556926556926ss69265569265s69265569265569265s69265569rvt3/2020rvt312020rU1312020tU1312020rUt312020tUt3/2020tl/1312020tv13/2020tU1312020rUt312020rU1312020tU1312020tt/1312020r1n3/2020tvt3t2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund60.0047.85120.00r80.00180.00240.00330.00180.001,080.00120.00344.30r,633.50560. l 3120.00364.372r0.925,711.0723.0223.02269,022.s2269,022.52105.99265572tUt312020General FundPage 19 Check Number Check Date Fund NameAccount NameVendor NameAmountr05.99681.00841.02378.83266.27266.27991.68695.86658.47378.6566s.56370,42266.27326.80433.23370.42454.58681.00841.02378.83266.27266.27991.68695.866s8.47378.65665.56370.42266.27326.80433.23370.42454.5816,090.663,570.003,570.0025.0025.003,680.0026557326557326557326557326557326557326557326557326s57326557326s57326557326557326557326557326557326557326557326s5732655732655732655732655732655732655732655732655732655732655732655732655732655731t/t3t20201yt3/2020tt/1312020t|1312020lt/13/2020tt/13t2020tt/t3/2020rv13/2020tyt3/2020tt/13/2020rut312020tv13/2020tUt3/2020tut3/2020ll/13/2020tt/t3/2020ll/t3/2020tl/1312020tt/13/2020tll13/2020tt/13/2020tut3/2020tUt3/2020r|13t2020tt/13/2020tt/t3/2020tt/13/2020tllt3/2020t|1312020lvt3/2020tu13/2020tln3t2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundEquip Lease - PoliceEquip Lease - PoliceEquip Lease - PoliceEquip Lease - PoliceEquip Lease - PoliceEquip Lease - CHEquip Lease - CHEquip Lease - CHEquip Lease - CHEquip Lease - RPCCEquip Lease - SrCEquip Lease - SpCEquip Lease - ASEquip Lease - PACEquip Lease - PWEquip Lease - StFarmEquip Lease - PoliceEquip Lease - PoliceEquip Lease - PoliceEquip Lease - PoliceEquip Lease - PoliceEquip Lease - CHEquip Lease - CHEquip Lease - CHEquip Lease - CHEquip Lease - RPCCEquip Lease - SrCEquip Lease - SpCEquip Lease - ASEquip Lease - PACEquip Lease - PWEquip Lease - StFarmCheck Total:TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FTNANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCTAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, TNC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCL{L FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, INC.TIAA COMMERCIAL FINANCE, TNC.265574265575tvt312020General FundContract Srvcs-Systm Dvlpmnttt/13/2020General FundRecruitment- HRllll3/2020 Gen Plan Maintenance Fee FurGeneral Plan & Labor ProjectCheck Total:Tyler Technologies, IncCheck Total:Lisa WeiresCheck Total:Whitlock & Weinberger Transportation, Inc.265576Page 20 265577265577265577265s77265s7726s577265577265577Check Number Check Date Fund NameAccount NameUniform Laundry Svcs -ParksContract Svcs - FleetUniform Laundry Svcs -FleetUniform Laundry Svcs -WaterUniform Laundry Svcs -SewerUniform Laundry Svcs-PWUniform Laundry Svcs-StreetUniform Laundry Svcs -ParksVendor NameCheck Total:A¡amark 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.Aramark Uniforms & Career Apparel Group, Inc.Check Total:AT&TCheck Total:AT&TCheck TotalAT&TCheck Total:AT&TCheck Total:AT&TCheck Total:AT&TCheck TotalAT&TCheck Total:AT&TCheck Total:AT&Ttu13/2020tv1312020rvt31202011/L312020tU1312020tvt312020rllt312020r1t13t2020General FundISF - FleetISF - FleetWater Utility FundSewer Utility FundGeneral FundGeneral FundGeneral FundAmount3,680.00181.58278.0229.2254.7331.ó032.7038.47181.58827.9081. l881.1839.6439.64398.29398.29207.45207.4563.3663.3642.8042.80343.17343.171,711.391,7lt.39186.22186.22133.75265578265579265580265581265582265583265584265585265586ru1312020General FundTelephone & Inteme-AquaticslUt312020General FundTelephone & Internet - BARC1U1312020General FundTelephone & Interne- PS Maintr/1312020General FundTelephone & Internet - CHtt/1312020ISF - Information Technolory Telephone & Internet - ITrt/1312020General FundTelephone & Intern - PS Bldg-Ntt/1312020General FundTelephone & Inteme- PS Maintvt3/2020General FundTelephone&Intemet-CHrvt312020General FundTelephone & Intemet - StFrmTelephone&Intemet-CH265587tUt3t2020General FundPage21AT&TCheck Total: Check Number Check Date Fund Name265588tv13/2020General Fund265589rUt3/2020General Fund265s90rr/13t2020General Fund265591tll13/2020General Fund265592tU13/2020General Fund265593rt/1312020General Fund265s94lt/13/2020General Fund265595tvt3t2020General Fund2655961t/13t2020General Fund2655971t/13/2020General Fund2655981t/13t2020General Fund26ss99tt/t3/2020General FundAccount NameTelephone & Interne-AquaticsAT&TTelephone&Intemet-CHAT&TTelephone & Intemet - AS BldgAT&TTelephone & Internet - RPCCAT&TTelephone & Internet - PWVendor NameAmountt33.7561.9561.9583.9383.9342.E342.8342.8042.8083.9383.9342.8142.8t83.9383.9337.0937.0986.1386.1343.0443.0422.3122.3184.2984.2922.31AT&TAT&TAT&TAT&TAT&TAT&TCheck Total:Check Total:Check Total:Check Total:Check Total:Check Total:Check Total:Check Total:Check Total:Check Total:Check Total:Check Total:Telephone&Intemet-PWTelephone & Internet - CHTelephone & Inteme- PS MainTelephone & Interne- PS MainTelephone & Intem - PS Bldg-STelephone & Intemet - RPCCTelephone & Intemet - SpCTelephone & Interne- PS MainAT&TAT&T265600rv1312020General FundPage22AT&TCheck Total: Check Number Check Date Fund NameAccount Nametu1312020General FundTelephone & Intemet - AS Bldg265602llll3l202o ISF - Information Technology Telephone & Internet - IT265603ty1312020General FundTelephone & Intem - PS Bldg-SAT&T26560411n312020General FundTelephone & Intern - PS Bldg-N AT&T26s605rr/1312020General FundTelephone & Intern - PS Bldg-NAT&T26560t26560726560726560826s60926s609265609265609265610265611tyt3120201U1312020tut312020ttn3/2020General FundGeneral FundGeneral FundGeneral Fundlv131202011t13t2020lyt312020General FundISF - Information Technolory Contract Svcs - ITISF - Information Technolory Contract Svcs - ITRec Refund ClearingVendor NameCheck Total:AT&TCheck TotalAT&TCheck Total:Check Total:Check Total:Check Total:BOLT STAFFING SERVICE INC.BOLT STAFFING SERVICE INC.Check Total:Rose BruceCheck Total:CA Departrnent of JusticeCA Department of JusticeCA Department of JusticeCA Departrnent of JusticeCheck TotalComcastCheck Total:ComcastCheck Total:Amount22.3142.9842.9842.9842.98405.34405.34402.43402.4345.5845.58478.00473.3195 r.31468.00468.0032.0064.0096.00132.00324.00239.96239.96130.01rUt3/2020General Fundtvt312020General FundRecruitment - CMRecruitment - ASRecruitment - RPCCRecruitment - PoliceTelephone & Intern - PS Bldg-NTelephone & Intemet - StFrmTelephone&Intemet-SrC130.0142.24265612tu1312020General FundPage 23ComcastCheck Total42.24 Check Number2656t3Check Datett/t3/2020Fund NameGeneral FundISF - Information Technolory Softwr License & Maint - ITISF - Information Technolory Softwr License & Maint - ITISF - Information Technolory Softwr License & Maint - ITISF - FleetVeh Rep NonDeptmtl - FleetAccount NameTelephone & Inteme-AquaticsSpec Dept Exp - StreetsSmTools&Equip-WTRSpec Dept Exp - ParksSpec Dept Exp - StreetsSmTools&Equip-StreetSmTools&Equip-StreetRepair & Maint Equip - StreetsSpec Dept Exp - ParksUniforms- ParksSpec Dept Exp - StreetsSmTools&Equip-StreetDi stribution SystemRepair-WaterVendor NameComcastCheck Total:ComcastCheck TotalComcastCheck Total:Corelogic Information Solutions, Inc.Corelogic Information Solutions, Inc.Corelogic Information Solutions, Inc.Check TotalFISHER WIRELESSCheck TotalFriedman'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 ImprovementFriedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementCheck Total:dba:Associated Services Harold A. Steuber,Inc.Check Total:KnowBe4 Inc.Check Total:Sylvia Lopez CuevasCheck Total:Amount154.96t54.96236.16236.t610.7110.712t2.t8212.18500.00924.36981.61981.ól93.33t39.6412.04t2.4497.7369.9569.2562.67I r9.06258.9955.8947.29r,038.288.008.004,590.004,590.00230.0026561426s6ts26s616265616265616265617tt/t3/2020tvt312020tU13/2020tl/13/2020tt/13/2020tt/13t2020rt/1312020rt/13/2020rr/13t2020tv13/2020tl/13/2020lllt3/2020ll/13t2020tr/t3/2020tl/1312020111t3t2020llll3/2020 ISF - Information Technology Telephone & Intemet - ITlll13/2020General FundTelephone & Internet - SrC26561826561826s61826561826s6t82656182656182656182656182656182656t82656t8General FundWater Utility FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundWater Utility Fund26s61926s6201t/13t2020General FundSpec Dept Exp - Aquaticstyt3/2020ISF - Information Technologr Sofrwr License & Maint - ITTelephone & Intemet-EOC2656211t/13t2020General FundPage24230.00 Check Number265622265622265622265622Check Datet|13120201111312020lyt312020tln312020Fund NameWater Utility FundSewer Utility FundWater Utilþ FundSewer Utility FundGeneral FundGeneral Fund265623tu1312020General FundTelephone & Internet-EOC265624tUt312020General FundUniform Purchases - Police265625ll/1312020 Neighbrhd upgrd wkFrce HsnContract Srvcs- NUWH Hmlss265626tU13t2020General FundContract Svcs - Police26562711n312020General FundSpec Dept Exp - Parks2656281u1312020General FundRecruitment - Police265629tvt3t2020General FundContract Svcs - Fire26s630t!13t2020General FundContract Svcs - Police26563rty1312020General FundMgmt Med Reimb- Retiree Med265632rvt312020General FundMgmt Med Reimb- Retiree MedAccount NamePrinting - WaterPrinting ServicesPostage & Shipping - WaterPostage & Shipping - SewerBIA Assessment PayableBIA Chgs for Svc - FINVendor NameMoonlightBPO LLCMoonlight BPO LLCMoonlight BPo LLCMoonlight BPO LLCCheck Total:Nargiza RakhimiCheck Total:Santa Rosa Uniform & Career ApparelCheck Total:SERVPRO of Petaluma/Rohnert ParkCheck Total:Voiance Language Services LLCCheck Total:Wheeler ZamaroniCheck Total:Ryan WiegmanCheck Total:WILLDAN FINANCIAL SERVICESCheck Total:Yarbrough Bros. Towing, Inc.Check Total:Check Total:Check Total:Sonoma County Tax CollectorSonoma County Tax CollectorAmount598.73598.731,862.531,862.534,922.52194.00194.0053.0053.00r,s72.441,572.44105.95105.9562.7962.t915.00r5.005,000.005,000.00130.00130.0041 1.10411.1063.5863.58r24,92s.70-2,498.5226563326s633tvt312020rv13/2020Page 25 Check Number Check Date Fund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundCasino Public Service FundCapital Projects FundCapital Projects FundAccount NameOffrce Supplies - CMSpec Dept Exp - CCSpec Dept Exp - CCOffrce Supplies - CMDues&Subscription-CMDues & Sudscriptions - RPSCPR-49 Trail to Crane Creek PrkPR-49 Trail to Crane Creek PrkVendor NameUS BANKUS BANKUS BANKUS BANKUS BankUS BANKUS BANKUS BANKUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankUS BankAmountt22,427.1832.6928.94-10.E74.8855.641,400.001,400.0051.8017.8118.6088.2147.63225.N272.63lt.l766.s077.67s4.36104.38-54.36444.9897.7560.886s.1954.3659.98480.0033.95213.00243.951,858.4252.9984.9914.9926563426563426s63426563426s63526s636265636265636265637265637265638265638tt/1612020tUt6/2020tr/r6t2020lt/16/2020tt/t6/2020rIt6/2020tt/t6/2020rr/1612020rl/16/2020tt/16/2020tr/16t2020tl/t6/2020tv16/2020tut6/2020tvt6/2020tv16/2020tu16/2020tt/16/2020lt/16/2020tvr6/2020tu16/2020tltl6/2020lt/16/2020rt/1612020tl/16/2020ru16/2020tt/r6/2020tt/t6/2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund26563926563926563926563926s63926s63926563926563926563926s63926s639265639265639DIVCA A82987 - PEG Fees F Equipment under Sk-DIVCA PEGDIVCA 482987 - PEG Fees FEquipment under 5k-DIVCA PEGISF - Information Technolory Equipment under 5K - ITGeneral Fund Office Equip - FINISF - Information Technolory Equipment under 5K - ITISF - Information Technolory Equipment under 5K - ITISF - Information Technolory Equipment under 5K - ITISF - Information Technolory Equipment under 5K - ITGeneral Fund Softwr License & Maint - FINISF - Information Technolory Softwr License & Maint - ITISF - Information Technology Softwr License & Maint - ITISF - Information Technolory Contract Svcs - ITGeneral Fund Softwr License & Maint - FINOfüce Supplies - CMTraining&Travel-CMPostage&Shipping-CMLicense Permit & Fees - CMSoftwr License & Maint - EDSoftwr License & Maint - EDSofrwr License & Maint - EDCheck TotalCheck Total:Check Total:Check Total:Check Total:Check Total:26564026s640265640Page 26Check Total: Check Number Check Date Fund NameAccount NameVendor NameUS BankUS BankUS BankUS Bank2656412656412656/.ttUt6l20201ilt6t2020tUt6l2020General Fund Softwr License & Maint - DSGeneral Fund Office SuPPlies - DSNeighbrhd Upgrd WkFrce HsnOffice Supplies - NLIWHSoftwr License & Maint - HR265642tUt612020General FundAP-Checks forApproval (1111612020 - 10:39 AM)Page27Page27Amountrs2.9720.9940.0237.50Total:Total:Total:98.5175.0075.001,575,255.56 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, April 9, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on April 4, 2019. Present: Gina Belforte, Mayor Susan Hollingsworth Adams, Councilmember Jake Mackenzie, Councilmember Pam Stafford, Councilmember Absent: Joseph T. Callinan, Vice Mayor Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Deputy City Attorney Rudin, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Lieutenant Nicks, Human Resources Director Perrault, Finance Director Howze, Community Services Supervisor Bagley, Management Analyst Beran, Planner III Derrick, Development Engineer Manager/Building Official Bradford, Code Compliance Officer II Tasseff, Senior Analyst L. Tacata, and City Clerk Buergler. 2.PLEDGE OF ALLEGIANCE Led by Councilmember Mackenzie. 3.PRESENTATIONS A.Mayor’s Proclamation: Recognizing the 25th Anniversary of Sonoma Mountain Preserve Mayor Belforte read and presented the proclamation to Arthur Dawson and Nancy Kerwin. Where the World Begins - Sonoma Mountain Stories and Images by Arthur Dawson with Meg Beeler, Rebecca Lawton, and Tracy Salcedo was given to each City Councilmember. B.Mayor’s Certificate of Recognition: Honoring Briana Rodriguez, Legislative Representative, Sonoma State University Associated Students, Inc. Mayor Belforte read and presented the certificate to Briana Rodriguez. Item 5.B.1 City of Rohnert Park Joint Regular Meeting Minutes April 9, 2019 for City Council/ Financing Authority/Successor Agency Page 2 of 5 4.SSU STUDENT REPORT Briana Rodriquez, Legislative Representative, Sonoma State University (SSU) Associated Students, Inc. (SSU ASI) reported on budget planning for next year, President Sakaki’s signing of the Climate Act, the passage of CalFresh resolution with the intention of having CalFresh accepted at on campus food establishments, the election period of executive offices, and water pressure issues on campus. 5.DEPARTMENT HEAD BRIEFING City Manager Jenkins acknowledged the City’s Public Works crew on their work on flood mitigation efforts, which resulted in lower flooding levels this year. A.Update on Response to Homelessness Assistant City Manager Schwartz reported on the annual “Point in Time” count, types of homelessness, community survey responses regarding homelessness, steps in the response to homelessness, and an update on COTS’s outreach and rapid rehousing. Paul Cummings, Director of Programs of COTS, and Cecily Kagy, Outreach Specialist, spoke about the mission of COTS and coordinated entry. 6.PUBLIC COMMENTS Library Commissioner Barbara Mackenzie and Lana Adlawan, Public Services Division Manager, spoke about National Library Week and provided an update on library’s new director, budget, and new services. Dave Molidor expressed concerns regarding the potential health hazards of fifth generation (5G) and requested Council adopt an urgency ordinance enacting a moratorium on the installation of 5G small cells. 7.CONSENT CALENDAR A.Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Special Meeting, March 12, 2019 B.Acceptance of Reports for: 1.City Bills/Demands for Payment dated April 9, 2019 2.Successor Agency to the CDC Bills/Demands for Payment dated April 9, 2019 C.City Council Resolutions for Adoption: 1. 2019-035 Authorizing and Approving the Position Title, Salary Range and Associated Job Description for Senior Code Compliance Officer PULLED BY COUNCILMEMBER ADAMS 2. 2019-036 Authorizing and Approving Increasing Appropriations for FY 2018- 19 within Various Accounts as Incorporated in Exhibit A of the Resolution (Mid-Year Budget Amendments) 3. 2019-037 Authorizing and Approving Execution of Change Orders Up to Fifteen Percent (15%) of the Original Contract Amount and an Increase to Appropriations for the Callinan Sports and Fitness Center Energy Management System Replacement Project ACTION: Moved/seconded (Mackenzie/Stafford) to approve the Consent Calendar. City of Rohnert Park Joint Regular Meeting Minutes April 9, 2019 for City Council/ Financing Authority/Successor Agency Page 3 of 5 Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Belforte, NOES: None, ABSTAINS: None, ABSENT: Callinan. 7.C.1 Adoption of Resolution 2019-035 Authorizing and Approving the Position Title, Salary Range and Associated Job Description for Senior Code Compliance Officer ACTION: Moved/seconded (Stafford/Adams) to approve items 7.C.1. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Belforte, NOES: None, ABSTAINS: None, ABSENT: Callinan. Councilmember Mackenzie stepped away from the dais 6:02 p.m. and returned 6:06 p.m. 8.General Fund 10-Year Financial Forecast Update City Manager Jenkins presented the item. Recommended Action(s): City Council receive and discuss a report of the City’s projected financial condition as staff prepares the proposed budget for Fiscal Year 2019-20. Public Comment: None. ACTION: By Consensus (none opposed, Callinan absent), City Council accepted the update. 9.Discussion and Direction on University District Specific Plan Amendments to Vast Oak North Phase of the Project (north of Hinebaugh Creek and south of Keiser Avenue) Development Services Director Pawson presented the item. Recommended Action(s): Review proposed amendments to the University District Specific Plan. Public Comment: None. Applicant Kevin Paulson, representative of the University District, clarified that they are not increasing the number of units or density of units. If they can get a regional retention basin, they are asking 54 of the low-density units from Vast Oak North to UDLLC so that the density of UDLLC will decrease and the density of Vast Oak North will increase. ACTION: By Consensus (none opposed, Callinan absent), City Council directed staff to move forward with the proposed amendments with Council’s concerns taken into consideration. 10.Consideration of Supporting “Letters of Interest” for Appointments to Vacancies by the City Selection Committee on April 11, 2019 Mayor Belforte presented this item. Recommended Action(s): Consider supporting the requests of those submitting letters of interest for various City Selection Committee appointments. City of Rohnert Park Joint Regular Meeting Minutes April 9, 2019 for City Council/ Financing Authority/Successor Agency Page 4 of 5 PUBLIC COMMENT: None. ABAG MTC CASA Legislative Task Force for two positions ACTION: Moved/seconded (Mackenzie/Stafford) to support Mayor Belforte’s and Mayor Harrington’s letters of interest. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Belforte, NOES: None, ABSTAINS: None, ABSENT: Callinan. Councilmember Mackenzie shared two informational items: President Rabbit of ABAG and Chair Haggerty of MTC sent a letter stating that once the City selection committee approves the appointment of representatives of this housing legislative working group they are to be seated immediately and on Thursday at 2pm, the second meeting of the working group will be taking place. Airport Land Use Commission for two positions ACTION: Moved/seconded (Stafford/Mackenzie) to support Jack Tibbitt’s letter of interest. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Belforte, NOES: None, ABSTAINS: None, ABSENT: Callinan. 11.COMMITTEE / LIAISON/ OTHER REPORTS A.Standing Committee Reports None. B.Liaison Reports 1. Redwood Empire Municipal Insurance Fund (REMIF) (3/28) City Manager Jenkins reported on the meeting. 2.Golf Course Oversight Committee (4/2) Councilmember Adams reported on the meeting. C.Outside Agency Reports 1. Sonoma Local Agency Formation Commission (LAFCO) (4/3) Councilmember Stafford reported on the meeting. 2. Sonoma County Transportation Authority (4/8) Councilmember Adams reported on the meeting. 3.Regional Climate Protection Authority (4/8) Councilmember Adams reported on the meeting during the report on the Sonoma County Transportation Authority Meeting. 4. Water Advisory Committee (WAC) to Sonoma Water (4/8) Councilmember Mackenzie reported on the meeting. City of Rohnert Park Joint Regular Meeting Minutes April 9, 2019 for City Council/ Financing Authority/Successor Agency Page 5 of 5 5. Sonoma Clean Power Authority (SCP) (4/4) Mayor Belforte reported on the meeting. 6. Health Action (4/5) Councilmember Adams reported on the meeting. 6. Other Reports 1. ABAG MTC Housing Legislative Working Group (previously known as “CASA Task Force”) (4/5) Councilmember Mackenzie reported on the meeting. Councilmember Mackenzie clarified that the ABAG MTC Housing Legislative Working is a standalone group from CASA Task Force. 12.COMMUNICATIONS Mayor Belforte reported that she welcomed the exchange students from Hashimoto and attended the Senior Prom at the Senior Center and acknowledged Amanda for a great job and attended the Sustainable Enterprise Conference at Sonoma State. 13.MATTERS FROM/FOR COUNCIL Councilmember Adams requested information about the water issues at Sonoma State. City Manager Jenkins provided information about water systems. 14.PUBLIC COMMENTS None. 15.ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 7:18 pm. __________________________________ Joseph T. Callinan, Mayor City of Rohnert Park _____________________________________ Elizabeth Machado, Deputy City Clerk City of Rohnert Park Approved November 24, 2020 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, April 23, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:01 pm, the notice for which being legally noticed on April 18, 2019. Present: Gina Belforte, Mayor Joseph T. Callinan, Vice Mayor Susan Hollingsworth Adams, Councilmember Jake Mackenzie, Councilmember Pam Stafford, Councilmember Absent: None. Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Marchetta-Kenyon, Public Safety Director Mattos, Human Resource Director Perrault, Public Works & Community Services Director McArthur, Development Services Director Pawson, Deputy Chief Bates, Planning Manager Beiswenger, Consultant Planner Lori McNab, Senior Analyst L. Tacata, and City Clerk Buergler. 2.PLEDGE OF ALLEGIANCE Led by Boy Scout Troops 4, 8 and 125. 3.PRESENTATIONS A.Mayor’s Certificate of Recognition: Honoring Bonnie Black for 12 years of service on the Parks & Recreation Commission Mayor Belforte read and presented the certificate to Bonnie Black. B.Mayor’s Proclamation: Recognizing April 2019 as Sexual Assault Awareness Month Mayor Belforte read and presented the proclamation to Hailey Peacock of Verity. 4.DEPARTMENT HEAD BRIEFING None. Item 5.B.2. City of Rohnert Park Joint Regular Meeting Minutes April 23, 2019 for City Council/Financing Authority/Successor Agency Page 2 of 7 5.PUBLIC COMMENTS Debbie Woods spoke about Item 6.C.1 and concerns about weed abatement and the use of toxic chemicals. 6.CONSENT CALENDAR A.Approval of Minutes for: B.Acceptance of Reports for: 1.City Bills/Demands for Payment dated April 23, 2019 2. Successor Agency to the CDC Bills/Demands for Payment dated April 23, 2019 3. City Councilmembers Quarterly Expense Report (January, February, March) C.City Council Resolutions for Adoption: 1. 2019-038 Declaring Weeds to be a Nuisance and Providing for Weed Abatement Pursuant to Government Code Sections 39560 through 39588; Article 2 - Alternative Procedures for Weed and Rubbish Abatement and Setting Public Hearing for May 14, 2019 2. 2019-039 Authorizing and Approving Keiser Avenue Reconstruction Phase 2A Project (Project Number 2017-18), Finding the Project Consistent with the University District Specific Plan Environmental Impact Report, Approving the Plans and Specifications, Awarding the Construction Contract to Michael O’Shaughnessy Construction Inc., Approving Task Order No. 2019-04 for Construction Management Services by GHD, Approving a Budget Amendment, and Related Actions 3. 2019-040 Authorizing and Approving the Proposed Project List for SB1 Funding from the State Road Maintenance and Rehabilitation Account (RMRA) and Submittal of the Project List to the California Transportation Commission 4. 2019-041 Authorizing and Approving the Acceptance of Certain Real Property (Part of APN 045-253-018) by Grant Deed and Easement from the Cotati-Rohnert Park Unified School District, and the Execution of a License Agreement between the City and the District and Authorizing the City Man ager to Take Actions Necessary to Effectuate the Acceptance 5. 2019-042 Authorizing and Approving a Five-Year Contract with Axon Enterprises, Inc. for Body Worn Cameras, Conducted Electrical Devices (Taser®), and Digital Media Storage (Evidence.Com) Not to Exceed $725,000 And Authorizing the Finance Director to Increase Appropriations in FY 2018- 19 by $130,000 from the State Asset Forfeiture Fund D.Authorizing the City Manager to Execute Amendment 1 to the Master Services Agreement with Mark Millan DBA. Data Instincts Inc. to Include Developer Funded Services within the Scope of Services ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar. Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. City of Rohnert Park Joint Regular Meeting Minutes April 23, 2019 for City Council/Financing Authority/Successor Agency Page 3 of 7 ACTION: Moved/seconded (Callinan/Stafford) to reorder agenda and move Item 11 before Item 7. Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. 11.ADOPTION OF ORDINANCE - Consideration of an Ordinance Authorizing California Public Employees’ Retirement System (CalPERS) Contract Amendment City Manager Jenkins and Human Resources Director Perrault presented the item. Recommended Action(s): Adopt Ordinance 931, an Ordinance of the City of Rohnert Park, California, Authorizing an Amendment to the Contract Between the City Council of the City of Rohnert Park and the Board of Administration of the California Public Employees’ Retirement System (CalPERS). Public Comment: None. ACTION: Moved/seconded (Callinan/Stafford) to adopt Ordinance 931. Title Read by Mayor Belforte. Motion carried by the following unanimous 5-0-0 Roll Call vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. 7.Discussion and Direction of Fireworks Sales and Restrictions within the City Director of Public Safety Mattos and Deputy Chief Bates presented the item. Recommended Action(s): Receive report and provide direction as to whether the City’s Municipal Code concerning fireworks use and sales within the City should be amended. Public Comment in Support of Fireworks Sales: Christopher Kessler, Kevin Gingher, Sean Clementz, Kathy Hegelein, Pastor Matt Watson, Vincent Bunker, Chris Davies, Jason Klafter, Tracy Arnbrister, Tiffany Cazares, Vickie Gilbert, Art Ferris, Stephany Sanchez, April Garcia, Cheri Poiyoi, Ed Clites, Richard Johnson, John Morrow, Chris Langland, Dennis Revell, Gary Jeffcoat, and Lisa Orloff. Public Comment in Opposition of Fireworks Sales: Jamie Black. Public Comment: Steve Keith called for some action be taken and spoke about staffing levels on the 4th of July. ACTION: By Consensus (none opposed) City Council received report and directed staff to bring back amendments to the City’s Municipal Code concerning fireworks to add a property owner responsibility for illegal fireworks. ACTION: By Majority (Vice Mayor Callinan and Councilmember Adams opposed) City Council directed staff to bring back amendments to the City’s Municipal Code concerning fireworks to limit the number of days fireworks can be set off to July 2, 3, and 4. City of Rohnert Park Joint Regular Meeting Minutes April 23, 2019 for City Council/Financing Authority/Successor Agency Page 4 of 7 Vice Mayor Callinan stepped away from the dais 6:50 p.m. and returned 6:52 p.m. 8. Discussion and Direction of an Increase in False Alarm Penalties and Adding a Requirement to Register Alarm Systems Director of Public Safety Mattos presented the item. Recommended Action(s): Receive report and provide direction as to whether the City’s municipal code concerning false alarms should be amended. Public Comment: None. ACTION: By Consensus (none opposed) City Council received report and directed staff to bring back a new fine schedule and late payment fine schedule for adoption and require alarm users to register alarms with the Department of Public Safety. 9. PUBLIC HEARING (Noticed on 04/12/2019) Consider approval of: (a) amendments to the General Plan, Southeast Specific Plan (SESP), Development Area Plan and Development Agreement; (b) modifications to conditions of approval for a Tentative Map approved in 2014; and (c) rescission of the Final Development Plan. (CEQA Review: Consistent with the EIR for the Southeast Specific Plan EIR) Development Services Director Pawson presented the item. Recommended Action(s): 1) Conduct a Public Hearing; 2) Adopt Resolution 2019-043 Authorizing and Approving Amendments to the Land Use Map and Text of the General Plan for Southeast Specific Plan Project Located South of the Canon Manor Specific Plan Area, West of Petaluma Hill Road, East of Bodway Parkway and North of Valley House Drive (Various APNS); 3) Adopt Resolution 2019-044 Authorizing and Approving an Amended Specific Plan for the Southeast Specific Plan Project Located South of the Canon Manor Specific Plan Area, West of Petaluma Hill Road, East of Bodway Parkway and North of Valley House Drive (Various APNS); and 4) Adopt Resolution 2019-045 Authorizing and Approving a Revised Development Area Plan for the Southeast Specific Plan Project Located South of the Canon Manor Specific Plan Area, West of Petaluma Hill Road, East of Bodway Parkway and North of Valley House Drive (Various APNS); 5) Introduce and waive first reading of Ordinance 932, an Ordinance of the City of Rohnert Park, California Approving a Third Amendment to the Development Agreement by and Among the City of Rohnert Park and Penn Grove Mountain LLC Regarding the Southeast Specific Plan Area; 5) Adopt Resolution 2019-046 Authorizing and Approving Modifying Conditions of Approval for the Southeast Rohnert Park Tentative Map Located South of the Canon Manor Specific Plan Area, West of Petaluma Hill Road, East of Bodway Parkway and North of Valley House Drive (Various APNS); and 6) Adopt Resolution 2019- 047 Rescinding Resolution 2014-43 and the Southeast Final Development Plan. Hearing Opened: 7:12 p.m. Public Comments: None. Hearing Closed: 7:12 p.m. City of Rohnert Park Joint Regular Meeting Minutes April 23, 2019 for City Council/Financing Authority/Successor Agency Page 5 of 7 ACTION: Moved/seconded (Callinan/Stafford) to adopt Resolution 2019-043 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Callinan/Stafford) to adopt Resolution 2019-044 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Callinan/Stafford) to adopt Resolution 2019-045 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Stafford/Mackenzie) to introduce Ordinance 932. Title read by Mayor Belforte. Motion carried by the following unanimous 5-0-0 Roll Call vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Callinan/Stafford) to adopt Resolution 2019-046 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Callinan/Mackenzie) to adopt Resolution 2019-047 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. 10.PUBLIC HEARING: (Noticed on 04/12/2019) Consideration of an Amendment to the Development Area Plan (DAP) for Live Oak Neighborhood within the University District Specific Plan Planning Manager Beiswenger, Consulting Planner Lori McNab presented the item. Director of Development Services Pawson and Chris Moore, Project Manager, KB Homes, answered questions. Recommended Action(s): Adopt Resolution 2019-048 Authorizing and Approving an Amendment to the Live Oak Development Area Plan to Add Two 1-Story Floor Plans for a Total of Five Models in the Live Oak Neighborhood within the University District Specific Plan Vast Oaks East Development Area Plan Phase II Hearing Opened: 7:26 p.m. City of Rohnert Park Joint Regular Meeting Minutes April 23, 2019 for City Council/Financing Authority/Successor Agency Page 6 of 7 Public Comments: None. Hearing Closed: 7:26 p.m. ACTION: Moved/seconded (Callinan/Mackenzie) to adopt Resolution 2019-048 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. 12.COMMITTEE / LIAISON/ OTHER REPORTS A.Standing Committee Reports None. B.Liaison Reports 1. Chamber of Commerce- Board of Directors (4/16) Councilmember Stafford reported on the meeting. 2. Library Advisory Board (4/16) Councilmember Adams reported on the meeting. C. Outside Agency Reports 1. Sonoma County Mayors’ and Councilmembers’ Association (4/11) Mayor Belforte reported on the meeting. 2.Legislative Committee (Mayors & Councilmembers Association) (4/19) Mayor Belforte reported the meeting was cancelled. 3. Sonoma County Waste Management Agency (4/17) Councilmember Stafford reported on the meeting. 4. Santa Rosa Plain Groundwater Sustainability Agency (4/11) Mayor Belforte reported on the meeting D.Other Reports 1. ABAG MTC Housing Legislative Working Group (4/11) Mayor Belforte reported she was not seated at this time therefore; she did not attend the meeting. 2. ABAG MTC Housing Legislative Working Group (4/18) Mayor Belforte reported she did not attend the meeting. 10.COMMUNICATIONS Mayor Belforte reported she received communications from seniors on fixed income that the due date of the 2nd of the month for utilities is difficult. 11.MATTERS FROM/FOR COUNCIL None. 12.PUBLIC COMMENTS Steve Keith spoke about using vague terms such as “weeds” and agenda scheduling. City of Rohnert Park Joint Regular Meeting Minutes April 23, 2019 for City Council/Financing Authority/Successor Agency Page 7 of 7 13.ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 7:54 pm. __________________________________ Joseph T. Callinan, Mayor City of Rohnert Park _____________________________________ Elizabeth Machado, Deputy City Clerk City of Rohnert Park Approved November 24, 2020 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, May 28, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Pro Tem Callinan called the joint regular meeting to order at 5:00 p.m., the notice for which being legally noticed on May 23, 2019. Present: Joseph T. Callinan, Mayor Pro Tempore Jake Mackenzie, Councilmember Susan Hollingsworth Adams, Councilmember Pam Stafford, Councilmember Absent: Gina Belforte, Mayor Staff present: City Manager Jenkins, City Attorney Marchetta Kenyon, Assistant City Manager Schwartz, Director of Human Resources Perrault, Director of Public Works and Community Services McArthur, Development Services Director Pawson, Finance Director Howze, Director of Public Safety Mattos, Deputy Director of Community Services Bagley, Deputy Chief Bates and Fire Marshall Thompson, Senior Analyst L. Tacata, and City Clerk Buergler. 2.PLEDGE OF ALLEGIANCE Led by Rohnert Park City Councilmembers. 3.PRESENTATIONS A.Gold Medal Award to City of Rohnert Park for “Best Business Friendly City” City Manager Jenkins presented this item and stated the City was awarded a gold medal for “Best Business Friendly City” by the North Bay Magazine 2019 Readers Poll. 4.DEPARTMENT HEAD BRIEFING A.Community Services “2019 Party on the Plaza” Deputy Director of Community Services Bagley and Cathy Slack, Party on the Plaza Coordinator, presented this item. Deputy Director of Community Services Bagley stated the event will be celebrating its 10th anniversary with a kickoff event on June 7th. Cathy Slack spoke about the history of the Party on the Plaza and the bands, food options and vendors scheduled for this year. Item 5.B.3. City of Rohnert Park Joint Regular Meeting Minutes for City Council May 28, 2019 RPFA/CDC Successor Agency Page 2 of 6 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council Special Meeting, May 7, 2019 B. Acceptance of Reports for: 1. Successor Agency – Cash Report for Month Ending April 2019 2. Housing Successor Agency- Cash Report for Month Ending April 2019 3. RPFA- Cash Report for Month Ending April 2019 4. City- Cash Report for Month Ending April 2019 5. Biennial Report on the Condition of Monuments and Works of Art and Municipal Facilities and Annual Report on the State of Cultural Arts in Rohnert Park PULLED BY COUNCILMEMBER STAFFORD 6. City Bills/Demands for Payment dated May 21, 2019 7. Successor Agency to the CDC Bills/Demands for Payment dated May 21, 2019 C. City Council Resolutions for Adoption: 1. 2019-061 Approving the Position Titles, Salary Ranges and Associated Job Descriptions for Building Inspector and Support Services Manager 2. 2019-062 Authorizing and Approving a Public Improvement Agreement for Vast Oak North Phase 3A Utility Improvements with the University District LLC and Finding this Action Covered under the Updated Environmental Impact Report for the University District Specific Plan as Amended D. City Council Ordinance for Adoption: 1. 933 An Ordinance Amending Sections 15.28.020 and 15.30.030 of the Rohnert Park Municipal Code to Impose Social Host Liability Regarding the Use of Fireworks and Changing the Days in which Fireworks May be Used E. Confirmation of the Mayor’s Nomination of Assistant City Manager Schwartz as the City’s Second Alternate Representative to the Board of Directors for Sonoma Clean Power PUBLIC COMMENT: Steven Keith spoke in regards to Item 6.D.1. and asked how the responsible property will be determined. ACTION: Moved/seconded (Mackenzie/Stafford) to approve the Consent Calendar with the exception of Item 6.B.5. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT: Belforte. City of Rohnert Park Joint Regular Meeting Minutes for City Council May 28, 2019 RPFA/CDC Successor Agency Page 3 of 6 6.B.5 Biennial Report on the Condition of Monuments and Works of Art and Municipal Facilities and Annual Report on the State of Cultural Arts in Rohnert Park ACTION: Moved/seconded (Callinan/Adams) to approve Item 6.B.5. with the understanding that any work to be done will be presented to Council and voted on before work is started. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT: Belforte. 7.Introducing an Ordinance Amending Rohnert Park Municipal Code Sections 6.14.010, 6.14.030, and 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non- Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements for Obedience Training Classes Deputy Director of Community Services Bagley presented the item. Recommended Action(s): Introduce Ordinance No. 934, An Ordinance of the City of Rohnert Park Amending Sections 6.14.010, 6.14.030, 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements For Obedience Training Classes PUBLIC COMMENT: None. ACTION: Moved/seconded (Mackenzie/Stafford) to introduce Ordinance 934. Title read by Mayor Pro Tem Callinan. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT: Belforte. 8.Introducing an Ordinance – An Ordinance Amending Chapter 9.65 — Alarm Systems and Section 15.28.020 of the Rohnert Park Municipal Code to Regulate False Alarms, Require Registration, and Impose Penalties Deputy Chief Bates and Fire Marshall Thompson presented the item. Recommended Action(s): Introduce Ordinance No. 935, an Ordinance Amending Chapter 9.65 — Alarm Systems and Section 15.28.020 of the Rohnert Park Municipal Code to Regulate False Alarms, Require Registration, and Impose Penalties PUBLIC COMMENT: None. ACTION: By Consensus (none opposed, Mayor Belforte absent), Council directed staff to provide a follow up report in two years on the effectiveness of the amendments to the municipal code on false alarms. ACTION: Moved/seconded (Stafford/Adams) to introduce Ordinance 935. Title read by Mayor Pro Tem Callinan. City of Rohnert Park Joint Regular Meeting Minutes for City Council May 28, 2019 RPFA/CDC Successor Agency Page 4 of 6 Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT: Belforte. 9. Public Hearing (Noticed May 17 and May 24, 2019) Conduct a Weed Abatement Protest Hearing to Consider Abatement of Weeds Constituting a Nuisance Fire Marshall Thompson presented the item. Recommended Action(s): 1) Council to Conduct a Public Hearing to Hear Protests to Resolution 2019-059 Declaring Weeds to be a Nuisance and Providing for Weed Abatement Pursuant to Government Code Sections 39560 through 39588; Article 2 - Alternative Procedures for Weed and Rubbish Abatement; and 2) adopt Resolution 2019-063 ordering the City Manager to Abate Nuisances Existing within the City of Rohnert Park Public Hearing Opened: 5:34 p.m. PUBLIC COMMENT: Dana Segura requested information on the notice her church received and what is considered a weed. Chris Meyer expressed concern about the chemicals used in weed abatement and about the air quality in Sonoma County. Public Hearing Closed: 5:37 p.m. ACTION: Moved/seconded (Mackenzie/Stafford) to adopt Resolution 2019-063. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT: Belforte. Public Hearing Re-Opened: 5:38 p.m. PUBLIC COMMENT: Eric Jones requested clarification on the definition of weeds and rubbish and requirements for rural properties. Public Hearing Closed: 5:39 p.m. 10. Sonoma County Mayors’ & Councilmembers’ Association Matters Consideration of Supporting “Letters of Interest” for Appointments to Vacancies by the Mayors’ and Councilmembers’ Association Board on June 13, 2019 Mayor Pro Tem Callinan presented the item. Recommended Action(s): Consider supporting the requests of those submitting letters of interest for various Mayors’ and Councilmembers’ Association Board appointments: 1) ABAG Executive Board, for one position; 2) ABAG Executive Board (Alternate), for one position; 3) Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee, for one position and; 4) ABAG Regional Planning Committee, for one position. Councilmember Mackenzie stated for the record, “Evidently they are no longer interested in having the mayors and councilmembers represented. I stepped aside from my occupancy of City of Rohnert Park Joint Regular Meeting Minutes for City Council May 28, 2019 RPFA/CDC Successor Agency Page 5 of 6 this position and I guess I was mistaken in my understanding of the interest in serving on the executive committee. So I have served at my last meeting of the executive committee. I do not intend to submit another letter and so I would just say for the benefit of anybody listening that it's an interesting point in time in the history of the ABAG Executive Board because under Chair Rabbit, President Rabbit of ABAG and Chair Haggerty of MTC, starting July 1 there will be discussions of the nature of the governance of those two bodies as to whether they should be amalgamated or not or how they should function in the future so I would think that somebody who is an elected official in the cities of Sonoma County would be showing an interest in this.” ACTION: Moved/seconded (Stafford/Adams) to nominate John Dell’Osso to the Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee. Term expires two years from appointment. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSTAINS: None, ABSENT: Belforte ACTION: Moved/seconded (Stafford/Mackenzie) to nominate Susan Adams to the ABAG Regional Planning Committee. Term expires four years from appointment. Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Mackenzie, Stafford, and Belforte, NOES: None, ABSTAINS: None, ABSENT: Callinan. No Action was taken for the following appointments: 1) ABAG Executive Board, for one position and 2) ABAG Executive Board (Alternate), for one position, because no applications were received. PUBLIC COMMENT: None. 11.COMMITTEE / LIAISON/ OTHER REPORTS A.Standing Committee Reports None. B.Liaison Reports 1.Chamber of Commerce (Board of Directors) (5/21) Councilmember Stafford reported on the meeting. C.Outside Agency Reports 1.Legislative Committee (Mayors & Councilmembers) (5/17) Councilmember Mackenzie reported on the meeting. 2. Russian River Watershed Association (RRWA) (5/23) Councilmember Stafford reported on the meeting. 3. Sonoma County Waste Management Agency (5/15) Councilmember Stafford reported on the meeting. City of Rohnert Park Joint Regular Meeting Minutes for City Council May 28, 2019 RPFA/CDC Successor Agency Page 6 of 6 D.Other Reports 1. Golden Gate Bridge, Highway & Transportation District (5/17) No report. 2. ABAG MTC Housing Legislative Working Group (5/23) Councilmember Mackenzie reported on the meeting. 12.COMMUNICATIONS Councilmember Mackenzie stated MTC set in motion a series of actions regarding priority conservation areas. Councilmember Mackenzie also shared that there is a time table for MTC staff to work with the City on PDAs and a resolution would need to be adopted by January 2020. Councilmember Mackenzie asked if staff would be attending Building North Bay conference and spoke about interviews of interest in the article about the conference in the North Bay Business Journal. 13.MATTERS FROM/FOR COUNCIL Councilmember Stafford stated she attended Cinderella at Spreckels and it was beautifully done. Councilmember Mackenzie stated he also attended the Cinderella performance. Councilmember Mackenzie was the speaker at the Memorial Day event that Councilmember Stafford attended; she indicated the event well attended. Councilmember Mackenzie requested that community events are on the calendar so residents can have advance notice of them. Councilmember Mackenzie would like Bob Saffrino to be recognized as an honorary citizen. Councilmember Adams stated that she, City Manager Jenkins, Assistant City Manager Schwartz attended at the North Bay Business Awards and it was a really nice event. 14.PUBLIC COMMENTS None. 15.ADJOURNMENT Mayor Pro Tem Callinan adjourned the joint regular meeting at 6:10 p.m. __________________________________ Joseph T. Callinan, Mayor City of Rohnert Park _____________________________________ Elizabeth Machado, Deputy City Clerk City of Rohnert Park Approved November 24, 2020 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 City of Rohnert Park Foundation Tuesday, June 11, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on June 6, 2019. Present: Gina Belforte, Mayor Joseph T. Callinan, Vice Mayor Susan Hollingsworth Adams, Councilmember Jake Mackenzie, Councilmember Pam Stafford, Councilmember Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Deputy City Attorney Rudin, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Director of Public Safety Mattos, Finance Director Howze, Deputy Director of Community Services Bagley, Fire Marshal Thompson, Deputy City Engineer Garrett, Community Services Supervisor Herman, Management Analyst Beran, Environmental Coordinator Bennett, Planner III Garcia, Management Analysist E. Tacata, Senior Analyst L. Tacata, and City Clerk Buergler. 2.PLEDGE OF ALLEGIANCE Led by Lillian Brooks. 3.PRESENTATIONS A.Mayor’s Proclamation: Honoring Public Safety Records Clerk Lillian Brooks on the Occasion of Her Retirement. Mayor Belforte read and presented the Proclamation to Lillian Brooks. 4.DEPARTMENT HEAD BRIEFING None. 5.PUBLIC COMMENTS None. Item 5.B.4. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 11, 2019 RPFA/CDC Successor Agency/ City of Rohnert Park Foundation Page 2 of 7 6. CONSENT CALENDAR A. Approval of Minutes for: B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated June 11, 2019 2. Successor Agency to the CDC Bills/Demands for Payment dated June 11, 2019 C. City Council Resolutions for Adoption: 1. 2019-064 Authorizing and Approving the First Amendment to the Master Agreement for Consultant Services between the City of Rohnert Park and M-Group for General Planning Services 2. 2019-065 Authorize the Finance Director to increase appropriations in the FY- 2018-19 Budget by $10,600 from the Federal Asset Forfeiture fund for the purchase of eight (8) ballistic vests (Soft Body Amor) 3. 2019-066 Authorizing and Approving Execution of Affordable Housing Regulatory Agreements 4. 2019-067 Identifying the Terms and Conditions for Fire Department Response Away From Their Official Duty Station and Assigned to an Emergency Incident and Rescinding Resolution No. 2015-172 5. 2019-068 Authorizing the Finance Director to Increase Appropriations in the Wilfred JEPA Maintenance Fund for the California Tiger Salamander Tunnel Repair Project 6. 2019-069 Setting Administrative Fines and Fees Pursuant to Chapter 9.65 if the Rohnert Park Municipal Code Regarding False Alarms 7. 2019-070 Adopting an Appropriations Limit for the City of Rohnert Park for the 2019-20 Fiscal Year Pursuant to Article XIII B of the California Constitution D. City Council Ordinances for Adoption: 1. 934 Amending Rohnert Park Municipal Code Sections 6.14.010, 6.14.030, and 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements for Obedience Training Classes 2. 935 Amending Chapter 9.65 – Alarm Systems and Section 15.28.020 of the Rohnert Park Municipal Code to Regulate False Alarms, Require Registration, and Impose Penalties E. Authorize the City Manager to renew an Agreement with Committee on the Shelterless (COTS) on Rapid Rehousing Services in an amount not to exceed $250,000, Including Language to Extend the Agreement in Future Years Pending Council Budget Approval and Assignment of Funds for Future Use Outreach to Individuals Experiencing Homelessness (PULLED BY COUNCILMEMBER STAFFORD) ACTION: Moved/seconded (Callinan/Mackenzie) to approve the Consent Calendar with the exception of Item 6.E. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 11, 2019 RPFA/CDC Successor Agency/ City of Rohnert Park Foundation Page 3 of 7 Motion carried by the following unanimous 5-0-0 Roll Call vote: AYES: Adams, Mackenzie, Stafford, Callinan and Belforte, NOES: None, ABSTAINS: None, ABSENT: None 6.E. Authorize the City Manager to renew an Agreement with Committee on the Shelterless (COTS) on Rapid Rehousing Services in an amount not to exceed $250,000, Including Language to Extend the Agreement in Future Years Pending Council Budget Approval and Assignment of Funds for Future Use Outreach to Individuals Experiencing Homelessness ACTION: Moved/seconded (Callinan/Mackenzie) to approve Item 6.E. Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan and Belforte, NOES: None, ABSTAINS: None, ABSENT: None ACTION: By Consensus (none opposed), City Council directed staff to agendize a presentation from COTS regarding the rapid rehousing program. 7. Review and Consideration of Adoption of City of Rohnert Park Operating, Capital Improvement Program, City of Rohnert Park Foundation Budgets FY 2019/20 Finance Director Howze presented the item. Recommended Action(s): approve resolutions adopting the City Budget for Fiscal Year 2019-20, adopting the Proposed Five-Year Capital Improvement Program (CIP) for FY 2019-20 through FY 2023-24, and the Capital Improvement Projects for FY 2019-20 as included in the City Budget for Fiscal Year 2019-20, and adopting Rohnert Park Foundation Operating Budget for Fiscal Year 2019-20. Public Comment: None. ACTION: Moved/seconded (Callinan/Stafford) adopt Resolution 2019-071 Approving and adopting the Operating Budget for the City of Rohnert Park for Fiscal Year 2019-20. Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Callinan/Stafford) adopt Resolution 2019-072 Adopting the Five-Year Capital Improvements Program (CIP) for Fiscal Years 2019-20 through 2023-24 and Approving Fiscal Year 2019-20 CIP Projects as Included in the City Budget for Fiscal Year 2019-20 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Callinan/Stafford) adopt Resolution 2019-002 Adopting the City of Rohnert Park Foundation Budget for Fiscal Year 2019-20 City of Rohnert Park Joint Regular Meeting Minutes for City Council June 11, 2019 RPFA/CDC Successor Agency/ City of Rohnert Park Foundation Page 4 of 7 Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. 8. Update on the Fire Station #3 Project (2004-13) (Westside Station) Deputy City Engineer Garrett and Development Services Director Pawson presented the item. Recommended Action(s): Receive the informational update on the Fire Station #3 Project. Public Comment: None. Council received and accepted the Report. 9. Discussion and Direction Regarding Parks and Facilities Use and Reservation Policy Handbook and Rental Fees Deputy Director of Community Services Bagley presented the item. Community Services Supervisor Herman answered questions regarding park rentals. Recommended Action(s): Approve the Parks and Facilities Reservation and Use Policy and fees as proposed and direct staff to bring back two resolutions for adoption, one for the policy and one to adopt an updated fee schedule. Councilmember Mackenzie stepped away from the dais 6:30 pm and returned 6:32 pm. Councilmember Adams stepped away from the dais 6:42 pm and returned 6:46 pm. Public Comment: None. ACTION: By Consensus (none opposed), City Council directed staff to bring back for adoption a resolution approving the Recreation Facility Use Fee Schedule including Council’s direction to amend the alcohol and beverage sales and consumption section (no alcohol is to be consumed after 10 p.m. at any rental, and to clarify in the policy that picnic reservations reserve the picnic areas only. ACTION: By Consensus (none opposed), City Council directed staff to bring back for adoption a resolution approving the Parks and Facilities Use and Reservation Policy Handbook including Council’s direction to create a special revenue account in which all field fees charged for the use of Sunrise Park will be deposited for maintenance and replacement of Sunrise Park all-weather fields. 10.PUBLIC HEARING (Noticed: May 31, 2019) Development Services Cost Recovery Annual Report – FY 2018-19 Management Analysist E. Tacata presented the item. Recommended Action(s): Conduct a Public Hearing and consider the Development Services Cost Recovery Annual Report for FY 2018-19, accept and file. Mayor Belforte left dais at 7:39 p.m. and Vice Mayor Callinan Assumed the Gavel. Mayor Belforte returned at 7:42 p.m. and reassumed the gavel. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 11, 2019 RPFA/CDC Successor Agency/ City of Rohnert Park Foundation Page 5 of 7 Public Hearing Opened: 7:43 p.m. Public Comment: None. Public Hearing Closed: 7:43 p.m. Council received and accepted the Report. Mayor Belforte recessed the meeting at 7:45 p.m. and reconvened the meeting at 7:51 p.m. 11. Consideration of City Council Positions on Pending California Housing Legislation City Manager Jenkins presented the item. Recommended Action(s): Consider whether and what positions the City Council wishes to take on pending California housing legislation: 1) AB 69 creating new Building Code standards to make these smaller units easier and less expensive to build; SB 621 requires the Judicial Council to adopt a rule of court applicable to an action to challenge an environmental impact report for an affordable housing project, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceeding with the court. Provides that these provisions do not apply to an affordable housing project if it is in certain locations; SB128 eliminates the voter approval requirement for Enhanced Infrastructure Financing Districts (EIFDs); AB 10 expands the state’s Low Income Housing Tax Credit program by $500 million per year, up from $94 million, leveraging an estimated $1 billion in additional federal funds annually; SB 330 enacting a series of restrictions on local governments; AB 1279 requires the state Department of Housing and Community Development to designate areas in this state as "high-resource areas," as defined as an area of high opportunity and low residential density that is not currently experiencing gentrification and displacement, and that is not at a high risk of future gentrification and displacement; AB 1485 would create a ministerial approval process and eliminate conditional use permits for multifamily housing projects (two units or more) on sites meeting specified criteria; AB 1486 significantly expands requirements for local agencies in how they deal with surplus property pursuant to the local Surplus Lands Act, and modifies requirements for state surplus land; and AB 1487 creates a regional housing agency staffed by MTC and ABAG. Public Comment: None. ACTION: By Consensus (none opposed), City Council is in support of AB 69, SB 621, SB 128, AB 10 ACTION: By Majority (Mackenzie opposed), City Council is in support of ACA 1 with the proposed amendment regarding applicability discussed by Council tonight. ACTION: By Majority (Mackenzie opposed), City Council is opposed to SB 330, AB 1487, AB 1279, AB 1485, and AB 1486. Councilmember Mackenzie stated for the record “I have presented this evening positions on two of these bills where there is neither a support nor an oppose because seeking amendments in 330 and 1487 are something that I asked for along with my fellow commission members.” City of Rohnert Park Joint Regular Meeting Minutes for City Council June 11, 2019 RPFA/CDC Successor Agency/ City of Rohnert Park Foundation Page 6 of 7 12. PUBLIC HEARING (Noticed: May 31, 2019) Introduction of Ordinance 936 Amending Rohnert Park Municipal Code Chapter 17.07.020(N) – Footnotes: Inclusionary Housing to Include Mitigation Fee Option for New For-Sale and Rental Housing Projects Director Development Services Pawson and Planner III Garcia presented the item. Recommended Action(s): Conduct a Public Hearing and Introduce and waive first reading of Ordinance 936, an Ordinance of the City Council of the City of Rohnert Park, California, Amending Municipal Code Title 17, Zoning, Chapter 17.07.020(N) to Modify Inclusionary Housing Requirements. Public Hearing Opened: 8:48 p.m. Public Comment: None. Public Hearing Closed: 8:48 p.m. ACTION: Moved/seconded (Stafford/Adams) to introduce and waive first reading of Ordinance 936. Title read by Mayor Belforte. Motion carried by the following unanimous 5-0 Roll Call vote: AYES: Adams, Mackenzie, Stafford, Callinan and Belforte, NOES: None, ABSTAINS: None, ABSENT: None 13. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports None. B. Liaison Reports None. C. Outside Agency Reports 1. Sonoma C Health Action Council (6/7) Councilmember Adams reported on this meeting. 2. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) (6/10) Vice Mayor Callinan reported on this meeting. 3. Sonoma Clean Power Authority (SCP) (6/6) No report. 4. ABAG General Assembly (6/6) Councilmember Adams reported on the meeting. 6. Other Reports None. 14. COMMUNICATIONS Councilmember Mackenzie reported that SMART and Sonoma Clean Power were given a Grant Award by the Bay Area Awards, which for the first time was done jointly with ABAG and MTC. Councilmember Mackenzie also reported that he attended his regular quarterly meeting with MTC Commissioners from the North Bay and that they are still anxiously City of Rohnert Park Joint Regular Meeting Minutes for City Council June 11, 2019 RPFA/CDC Successor Agency/ City of Rohnert Park Foundation Page 7 of 7 waiting on the release of Regional Measure 3 (RM3) monies. MTC is hoping for a ruling against the plaintiff next week so RM3 monies can be released. 15.MATTERS FROM/FOR COUNCIL Councilmember Stafford reported that the ten-year anniversary of the Farmer’s Market was last Friday and the attendance was great. Councilmember Stafford also reported that City Manager Jenkins is the speaker at tomorrow’s Chamber of Commerce Noon Times. 16.PUBLIC COMMENTS None. 17.ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 8:59 p.m. __________________________________ Joseph T. Callinan, Mayor City of Rohnert Park _____________________________________ Sylvia Lopez Cuevas, City Clerk City of Rohnert Park Approved November 24, 2020 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 City of Rohnert Park Foundation Tuesday, June 25, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on June 20, 2019. Present: Gina Belforte, Mayor Joseph T. Callinan, Vice Mayor Susan Hollingsworth Adams, Councilmember Jake Mackenzie, Councilmember Absent: Pam Stafford, Councilmember Staff present: Acting City Manager Schwartz, City Attorney Marchetta-Kenyon, Development Services Director Pawson, Director of Public Safety Mattos, Finance Director Howze, Fire Marshal Thompson, Community Services Program Coordinator Foley, Community Services Program Coordinator II, Deputy City Engineer Garrett, Management Analyst Beran, Human Services Director Perrault, Planner III Garcia, City Clerk Buergler and Assistant City Clerk Sylvia Lopez Cuevas. 2.PLEDGE OF ALLEGIANCE Led by Mr. Fry. 3.PRESENTATIONS A.Mayor’s Proclamation: Proclaiming June as Elder Abuse Awareness Month Mayor Belforte read and presented the Proclamation to Community Services Program Coordinator Foley, Senior Citizens Advisory Commission Chair Sherman, Vice Chair Abbott, Commissioner Coffman, and Commissioner Transue. 4.DEPARTMENT HEAD BRIEFING A.Public Safety: Use Only "Safe and Sane" Fireworks or Risk Fines of $1,000 Director of Public Safety Mattos provided the briefing; Chief Mattos spoke of the newly adopted Ordinance, Nail ‘Em App, and public outreach. He also emphasized the use of only “Safe and Sane” Fireworks and fines. Item 5.B.5. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 25, 2019 RPFA/CDC Successor Agency Page 2 of 5 Public Comments: Steven Keith stated the newly adopted fireworks ordinance posted on the City’s website is not yet codified which is confusing. He also indicated that there is no explanation as to how it can be determined which property is associated with the use of illegal fireworks so the correct property owner is cited. Dennis Revell, representing TNT Fireworks, spoke about his social media ad regarding the newly adopted fireworks regulation and provided a copy to staff. 5.PUBLIC COMMENTS Marni Wroth spoke about the death of Branch Wroth and requested community oversight of law enforcement. Susan Lamont spoke regarding the death of Branch Wroth and requested community oversight of law enforcement. Laura Gonzalez spoke about the death of Branch Wroth and requested the City drop the appeal, train officers, and community oversight of law enforcement. Gail Simmons spoke about the death of Branch Wroth and requested community oversight of law enforcement. Shakira Wilson spoke about the death of Branch Wroth and of her experience with Rohnert Park law enforcement. Angelina Wroth spoke about the death of Branch Wroth and of her experience with law enforcement. Peter Alexander spoke about spirituality and not choosing sides. He believes the people have the power to shut down the system. Mr. Alexander spoke about the constitution and uniting all radical groups to shut down the system and lead the way to the promise land. Jerry Threet spoke regarding the death of Branch Wroth and requested community oversight of law enforcement. 6.CONSENT CALENDAR A.Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting, May 14, 2019 B.Acceptance of Reports for: 1. City Bills/Demands for Payment dated June 25, 2019 2. Successor Agency to the CDC Bills/Demands for Payment dated June 25, 2019 3. City- Cash Report for Month Ending May 2019 4. RPFA- Cash Report for Month Ending May 2019 5. Housing Successor Agency- Cash Report for Month Ending May 2019 6. Successor Agency- Cash Report for Month Ending May 2019 C.Adoption of Resolution 2019-073 Approving the City of Rohnert Park Current Pay Rates and Ranges revised June 23, 2019 City of Rohnert Park Joint Regular Meeting Minutes for City Council June 25, 2019 RPFA/CDC Successor Agency Page 3 of 5 D. Adoption of Resolution 2019-074 Accept a Grant in the Amount of $50,755 from the State of California Department of Alcoholic Beverage Control Alcohol Policing Partnership Program and Authorize the Finance Director to Increase Appropriations in the FY 19/20 Budget by $50,755 E. Adoption of Resolution 2019-075 Approving Budget Appropriations for the Purpose of Monitoring and Preserving the Long-Term Affordability of Units and Development of Affordable Housing by the Housing Successor Agency F. Adoption of Resolution 2019-76 Authorizing the Director of Finance to Increase Appropriation for FY 2018-19 within Various Accounts G. Adoption of Resolution 2019-77 Rejecting All Bids and Directing a Rebid for the 2019 Sidewalk and Driveway Improvement Project (2017-22) PULLED BY VICE MAYOR CALLINAN H. Adoption of Resolution 2019-78 Adopting the Amended Recreation Facility Use Fee Schedule I. Adoption of Resolution 2019-79 Adopting the Parks and Facilities Reservation and Use Policy Handbook J. Adoption of Ordinance 936 an Ordinance of the City Council of the City of Rohnert Park, California, Amending Municipal Code Title 17, Zoning, Chapter 17.07.020(N) to Modify Inclusionary Housing Requirements K. Authorize the City Manager to Execute Task Order 2018-03 Amendment with Green Valley Consulting Engineers for Design Services for the Neighborhood Upgrades - Sidewalk and Creek Pathways Replacement Project (2017-22) in an amount not to exceed $165,720 ACTION: Moved/seconded (Adams/Mackenzie) to approve the Consent Calendar with the exception of Item 6.G. Motion carried by the following 4-0-1 Roll Call vote: AYES: Adams, Mackenzie, Callinan, and Belforte, NOES: None, ABSENT: Stafford 6.G Adoption of Resolution 2019-77 Rejecting All Bids and Directing a Rebid for the 2019 Sidewalk and Driveway Improvement Project (2017-22) ACTION: Moved/seconded (Adams/Callinan) to approve the Resolution 2019-77 Motion carried by the following 4-0-1 Roll Call vote: AYES: Adams, Mackenzie, Callinan, and Belforte, NOES: None, ABSENT: Stafford 7. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports None, B. Liaison Reports 1. Rohnert Park Library Advisory Board Meeting (6/18) Councilmember Adams reported on the meeting. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 25, 2019 RPFA/CDC Successor Agency Page 4 of 5 C. Outside Agency Reports 1. Mayors and Council Members' Association of Sonoma County Legislative Committee (Mayors & Councilmembers) (6/21) Mayor Belforte reported on the meeting. For the record, Councilmember Mackenzie stated that “SB50 is not dead” and that he will be attending the Metropolitan Transportation Committee Meeting on June 26. He will be reporting as the Legislation Committee Chair and he will make sure any updates are passed to the City Council and to the Mayors & Councilmembers’ Association. 2. Santa Rosa Plain Groundwater Sustainability Agency (6/13) Mayor Belforte reported on the meeting. 3. Sonoma County Waste Management Agency (6/19) Councilmember Adams attended on behalf of Vice Mayor Callinan and reported on the meeting. 6. Other Reports 1. Mayors’ & Councilmembers’ Association of Sonoma County (6/13) Mayor Belforte reported on the meeting. 2. Golden Gate Bridge, Highway & Transportation District (4/26) Mayor Belforte reported on the meeting. 8. COMMUNICATIONS Councilmember Adams stated she called Bonnie Sayford to address the concerns in the letter she sent to Council regarding the Laulima Property. Councilmember Adams referred the matter to Assistant City Manager Schwartz and thanked him for how the matter is being handled. Councilmember Adams stated her friend’s daughter went missing, and thanks in part to the efforts of the Public Safety Department, she returned home. Councilmember Mackenzie reported that three members of the Council were present at the Habitat Center student graduation at Sonoma Mountain Village. Habitat for Humanity is committed to accelerating the production of homes using a new technology to digitize the sawing of lumber. Councilmember Adams informed she also attended the graduation ceremony of Habitat Center students and she was pleased that there were companies from the North Coast Builders Corporation interviewing every single student that graduated, giving the students multiple job offers. Mayor Belforte thanked Code Compliance Officers and Public Safety for stopping two massage parlors and further spoke about human trafficking being a commodity used by gangs. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 25, 2019 RPFA/CDC Successor Agency Page 5 of 5 Mayor Belforte stated PG&E is looking at raising rates and anyone that would like to speak about it shall attend Santa Rosa City Hall on July 25, 2019 at 1:00 p.m. and 6:00 p.m. 9 MATTERS FROM/FOR COUNCIL Vice Mayor Callinan requested an item be added to a future agenda to discuss homelessness in the City. Acting City Manager Schwartz indicated that he is planning to present an agenda item regarding homelessness at the July 23, 2019 City Council meeting. Vice Mayor Callinan stated he would like to see a presentation from Laulima regarding their plans and updates at a future City Council meeting. ACTION: By Consensus (none opposed), City Council directed staff to agendize a presentation from Laulima at a future City Council meeting. At the request of Mayor Belforte, Development Services Director Pawson updated the Council on the Lacrosse and Rugby fields. ACTION: By Consensus (none opposed), City Council directed staff to agendize the an item to a future agenda to discuss the Lacrosse field. 10.PUBLIC COMMENTS Gary Coffman does not agree with the need for a Public Safety Oversight Committee but if there is one, he would like to be considered for appointment. 11.ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 6:10 pm. __________________________________ Joseph T. Callinan, Mayor City of Rohnert Park _____________________________________ Sylvia Lopez Cuevas, City Clerk City of Rohnert Park Approved November 24, 2020 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, July 9, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:00 p.m., the notice for which being legally noticed on July 3, 2019. Present: Gina Belforte, Mayor Joseph T. Callinan, Vice Mayor Susan Hollingsworth Adams, Councilmember Pam Stafford, Councilmember (departed the meeting at 5:45 p.m. and returned at 7:10 p.m.) Absent: Jake Mackenzie, Councilmember Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Deputy City Attorney Murphy, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Director of Public Safety Mattos, Finance Director Howze, Planning Manager Beiswenger, Sergeant Astley, Management Analyst Beran, Planner III Garcia, Senior Analyst L. Tacata, Assistant City Clerk Lopez Cuevas and City Clerk Buergler. 2.PLEDGE OF ALLEGIANCE Led by Rohnert Park resident Pamela Fender. 3.PRESENTATIONS A.PG&E Community Wildfire Safety Program including Public Safety Power Shutoff by Herman Hernandez, Public Affairs Representative, PG&E PG&E Public Affairs Representative Hernandez provided the presentation and spoke of the importance of educating the community on programs PG&E is doing regarding wildfire safety and public safety power shutoffs. 4.DEPARTMENT HEAD BRIEFING A.Improving safety at SMART Crossings Assistant City Manager Schwartz provided the presentation and reported on his attendance to a meeting with SMART to discuss train crossings. Assistant City Manager Schwartz offered our condolences from the SMART and City Staff to all those affected by the lives lost recently. Development Services Director Pawson answered questions. Item 5.B.6. City of Rohnert Park Joint Regular Meeting Minutes for City Council July 9, 2019 RPFA/CDC Successor Agency Page 2 of 6 B.4th of July Briefing by the Department of Public Safety Department of Public Safety Director Mattos provided the briefing and informed there was 300 calls for service 7: 00 a.m. on July 4th through 7:00 p.m. on July 5th and of those, 133 calls were related to fireworks. There was a structure fire as a result of hot fireworks being put in a trash can near a building. A total of 59 administrative citations were issued in comparison of the 4 issued last year. Public Comments: Kevin Gingher thanked the Council and Public Safety for their sensible approach to this issue. Dennis Revell, also thanked the Council and staff and indicated illegal fireworks is a year- round issue and the app is still available to report illegal fireworks whether it is New Year’s or during other celebrations. Steve Keith stated he had doubts about this earlier but was really pleased with outcome. He indicated he would be interested in hearing if and how any sales were impacted. Councilmember Stafford departed the meeting 5:45 p.m. 5.PUBLIC COMMENTS Pamela Fender stated another dog who is often off leash attacked her dog. Ms. Fender suggested the City enforce the leash ordinance because it is a $100 citation. Susan Lamont, on behalf of Marnie and Chris Roth, spoke about the death of Branch Wroth and requested accountability Council. Chris Meyer stated that there are launching a program between the Sonoma State University and Rohnert Park staff to work on climate change and environmental issues. Lisa Soyuzzo spoke against 5G Technology and requested information on what will be done to protect the public and what experts have been consult. David Molidor spoke against 5G Technology and requested residents and homeowners in the community have an opportunity to provide input because there has been no long-term safety testing of 5G. Mary Kern spoke against 5G Technology and asked Council to protect the community from this technology. 6.CONSENT CALENDAR A.Acceptance of Reports for: 1.City Bills/Demands for Payment dated July 9, 2019 B.Adoption of Resolution 2019-080 Approving the Position Title, Salary Range and Associated Job Description for Assistant Engineer C.Adoption of Resolution 2019-081 Approving the Plans and Specifications for the Sonoma State University Sewer Rehabilitation Project (Project 2017-10), Finding the Project Categorically Exempt, Approving the Plans and Specifications, Awarding the City of Rohnert Park Joint Regular Meeting Minutes for City Council July 9, 2019 RPFA/CDC Successor Agency Page 3 of 6 Construction Contract to Southwest Pipeline and Trenchless Corporation and Related Action D.Adoption of Resolution 2019-082 Authorizing the City Manager to Enter Into a License Agreement with Sonic Telecom, LLC, for Installation and Maintenance of Facilities within the Public Right of Way (PULLED BY MAYOR BELFORTE) E.Adoption of Resolution 2019-083 Approving the Position Title, Salary Range and Associated Job Description for Finance Manager F.Adoption of Resolution 2019-084 Authorizing and Approving an Off-Site Public Improvement Agreement and Termination and Supersession of Deferred Public Improvement Agreements with Rohnert Park 668 LP and an Easement Deed Granting an Easement to PG&E for the Five Creek Park (APN 143-040-136) ACTION: Moved/seconded (Callinan/Adams) to approve the Consent Calendar with the exception of Item 6.D. Motion carried by the following unanimous 3-0-2 vote: AYES: Adams, Callinan, and Belforte, NOES: None, ABSENT: Mackenzie and Stafford. 6.D. Adoption of Resolution 2019-082 Authorizing the City Manager to Enter Into a License Agreement with Sonic Telecom, LLC, for Installation and Maintenance of Facilities within the Public Right of Way ACTION: Moved/seconded (Callinan/Adams) to adopt Item 6.D. Motion carried by the following unanimous 3-0-2 vote: AYES: Adams, Callinan, and Belforte, NOES: None, ABSENT: Mackenzie and Stafford. ACTION: Moved/seconded (Callinan/Adams) to move Closed Session Item to the end of the meeting. Motion carried by the following unanimous 3-0-2 vote: AYES: Adams, Callinan, and Belforte, NOES: None, ABSENT: Mackenzie and Stafford. 8. Determination of Public Convenience and Necessity for a Type 20 Off-Sale Beer and Wine License for Rotten Robbie Located at 201 Southwest Boulevard. Planning Manager Beiswenger presented the item. Recommended Action(s): Adopt Resolution 2019-087 Denying a Request for a Determination of Public Convenience and Necessity for a Type 20 Off-Sale Beer and Wine License for Rotten Robbie Located at 201 Southwest Boulevard PUBLIC COMMENT: Gary Coffman spoke in support of approving Applicant’s request. Applicant David Mordick, CEO of Robinson Oil Company, spoke in support of this item. Applicant David Mordick, Robinson Oil Company stated he would support a decision of the City Council to continue the item to a date uncertain. ACTION: Moved/seconded (Callinan/Adams) to continue the item to a date uncertain. City of Rohnert Park Joint Regular Meeting Minutes for City Council July 9, 2019 RPFA/CDC Successor Agency Page 4 of 6 Motion carried by the following unanimous 3-0-2 vote: AYES: Adams, Callinan, and Belforte, NOES: None, ABSENT: Mackenzie and Stafford. 9.Discussion and Direction on Urban Growth Boundary Renewal (PLGP19-0002) Planning Manager Beiswenger and Development Services Director Pawson presented the item. Recommended Action(s): provide direction on the Urban Growth Boundary renewal and direct staff to bring back a resolution (a) on July 23, 2019, to place the measure on the November 5, 2019 ballot; or (b) later this year to place the measure on the spring 2020 ballot. PUBLIC COMMENT: Terry Shore, Regional Director of Greenbelt Alliance and Chris Meyer spoke in support of this item. Rick Savel, on behalf of South County Resource Preservation Committee, requested changes to the documents being circulated for this item. ACTION: By Consensus (none opposed, Mackenzie and Stafford absent), City Council directed staff to move forward with staff’s recommendation to bring back a resolution to place this on the November 5, 2019 ballot, taking into consideration Council’s feedback. Some of the feedback provided by Council included: renew the UGB for 20 years, revise boundary to remove approximately 80 acres of land, UGB may be amended by Council to accommodate affordable housing (2035 - same as Measure “N”), mirror Measure “N” with not substantive changes when defining “urban development.” Mayor Belforte recessed the regular meeting at 7:07 p.m. Councilmember Stafford returned at 7:10 p.m. Mayor Belforte reconvened the regular meeting at 7:11 p.m. 10.Status Report on Implementation of Rohnert Park Strategic Plan. Assistant City Manager Schwartz presented the item. Recommended Action(s): Council receive and accept the status report on implementation of the City’s Strategic Plan. PUBLIC COMMENT: None. City Council received and accepted the status report. 11.Public Hearing (Noticed: June 28, 2019) Establishing a Housing In-Lieu Fee for Development of For-Sale Residential Projects of 50 Units or Less and Establishing a Rental Affordable Housing Fee for Development of Rental Residential Projects Planner III Garcia and Development Services Director Pawson presented the item. Recommended Action(s): 1) Conduct a Public Hearing; 2) Adopt Resolution 2019-085 Establishing a Housing In-Lieu Fee For Development of For-Sale Residential Projects of 50 City of Rohnert Park Joint Regular Meeting Minutes for City Council July 9, 2019 RPFA/CDC Successor Agency Page 5 of 6 Units or Less; and 3) Adopt Resolution 2019-086 Establishing a Rental Affordable Housing Fee for Development of Rental Residential Projects Public Hearing Opened 7:43 p.m. PUBLIC COMMENT: None. Public Hearing Closed: 7:43 p.m. ACTION: Moved/seconded (Callinan/Stafford) Adopt Resolution 2019-085 Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Stafford, Callinan, and Belforte, NOES: None, ABSENT: Mackenzie. ACTION: Moved/seconded (Callinan/Stafford) Adopt Resolution 2019-086 Motion carried by the following unanimous 4-0-1 vote: AYES: Adams, Stafford, Callinan, and Belforte, NOES: None, ABSENT: Mackenzie. 12.COMMITTEE / LIAISON/ OTHER REPORTS A.Standing Committee Reports None. B.Liaison Reports None. C.Outside Agency Reports 1. Sonoma Clean Power Authority (SCP), June 27, 2019 Meeting No Report. 2. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA), July 8, 2019 Meeting No Report. 6. Other Reports Councilmember Stafford reported on her attendance to a Zero Waste Sonoma Meeting because she was not present at the last City Council meeting to do so. 13.COMMUNICATIONS None. 14.MATTERS FROM/FOR COUNCIL Vice Mayor Callinan requested an update on when the new medical truck might come into operation. Mayor Belforte asked for an update on the lacrosse field. Development Services Director Pawson provided an update indicating that adding stripes to the Sunrise Park Field, as estimated by the installer, would be approximately $55,000. City of Rohnert Park Joint Regular Meeting Minutes for City Council July 9, 2019 RPFA/CDC Successor Agency Page 6 of 6 ACTION: By Consensus (none opposed, Mackenzie absent), staff is to add a discussion item regarding the lacrosse field to a future agenda. 15.PUBLIC COMMENTS None. 7.CLOSED SESSION A.Mayor Belforte made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 7:41 p.m. in Conference Room 2A to Consider: 1.Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Wroth vs. City of Rohnert Park, U.S. District Court, Northern District of California, Case No. 3:17-cv-05339 B.Reconvened Joint Regular Meeting Open Session in Council Chamber at approximately 8:41 p.m. C.Report on Closed Session (Government Code § 54957.1) Mayor Belforte reported: no reportable action. 15.ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 8:41 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk Joseph T. Callinan, Mayor City of Rohnert Park City of Rohnert Park Approved November 24, 2020 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 10, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:02 pm, the notice for which being legally noticed on September 5, 2019. Present: Gina Belforte, Mayor Joseph T. Callinan, Vice Mayor Susan Hollingsworth Adams, Councilmember Jake Mackenzie, Councilmember Pam Stafford, Councilmember Absent: None. Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Marchetta-Kenyon, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Public Safety Director Mattos, Finance Director Howze, Community Services Supervisor Bagley, Planning Manager Beiswenger, Senior Analyst Tacata, and City Clerk Buergler. 2.PLEDGE OF ALLEGIANCE Led by Debbie Benson Miller. 3.PRESENTATIONS A.Mayor’s Certificate of Recognition: Honoring Shane White, Rancho Cotate High School Senior, for Receiving the Matt Walsh Memorial Award Mayor Belforte read and presented the certificate to Shane White. B.Certificate of Achievement for Excellence in Financial Reporting presented to the City of Rohnert Park for its Comprehensive Annual Financial Report for the Fiscal Year ended in June 30, 2018. Mayor Belforte read and presented the certificate to Betsy Howze, Finance Director. 4.DEPARTMENT HEAD BRIEFING None. Item 5.B.7. City of Rohnert Park Joint Regular Meeting Minutes September 10, 2019 for City Council/Financing Authority/Successor Agency Page 2 of 7 5.PUBLIC COMMENTS George Barich spoke against Resolution, 2019-090 and stated the Resolution discriminates against people who work at night, play at night, use these public parking lots for rest or to eat a snack, etc. Marni Wroth spoke about the death of Branch Wroth and requested police oversight in Rohnert Park. Chris Wroth spoke about the death of Branch Wroth and indicated he would leave copies of the Jury Trial verdict at the table for public inspection. He also requested oversight of the police in Rohnert Park. Tina Panza, Education and Safe Routes to School Director, thanked the city for the community grant received this past year for school program services in town. Susan Lamont spoke about the death of Branch Wroth and requested police oversight in Rohnert Park. Terry Shore, Regional Director for the North Bay for Greenbelt Alliance, spoke in support of Rohnert Park’s Urban Growth Boundary and requested the Council and members of the public to vote yes on Measure B. Chaska Wroth spoke about the death of Branch Wroth and deadly force and lack of police training. Kent Fossgreen said he was concerned about the pace of development in Rohnert Park overwhelming the City’s infrastructure, particularly the University District and the Northeast Specific Plan. Robin Latham spoke about the death of Branch Wroth and said she moved away from the City because of local government mistakes. Joseph Ellinghaus spoke about the use of pesticides and police accountability across the United States. Deborah Nelson indicated the fire hydrant on Alta Avenue in San Felicia needs red marking or “no parking” signs. 6.CONSENT CALENDAR A.Approval of Minutes for City Council/RPFA/Successor Agency Joint Special Meeting, September 3, 2019 B.Agreement with COTS to Add 12 Dedicated Shelter Beds to the Mary Isaak Center in Petaluma for City of Rohnert Park Use PULLED BY COUNCILMEMBER ADAMS C.Authorize the Mayor to Execute and Deliver the City’s Response to the Grand Jury Report titled “Will There Be Water after an Earthquake?” D.Adoption of Resolution 2019-108 Approving the City of Rohnert Park Current Pay Rates and Ranges Revised August 26, 2019 City of Rohnert Park Joint Regular Meeting Minutes September 10, 2019 for City Council/Financing Authority/Successor Agency Page 3 of 7 E.Adoption of Resolution 2019-109 Authorizing and Approving the Second Amendment to the Consultant Services Agreement with Code Source F.Authorizing the City Manager to Execute the First Amendment to the Consultant Services Agreement for Advanced Traffic Management/Adaptive Control Systems Software and Support Services with Kimley-Horn and Associates Inc. in the Amount of $63,700 for Automated Traffic Management System Services PULLED BY MAYOR BELFORTE G.Adoption of Resolution 2019-110 accepting the State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant and Amending the FY 2019-2020 Operating and Revenue Budgets H.Resolution 2019-115 Approving a Master Maintenance Agreement and Final Parcel Map for the Bella Creek Project (100 Avram Avenue) and Accepting Subject to Improvement Offers of Dedication I.Adoption of Resolution 2019-117 Finding the Neighborhood Upgrades: Creek Path and Sidewalk Replacement Project (2017-22) Categorically Exempt from the California Environmental Quality Act, Approving the Plans and Specifications, Awarding the Construction Contract to Ghilotti Construction Company, Inc., and Related Actions J.Adoption of Resolution 2019-118 Creating a New Capital Improvement Project for the Benicia and Eagle Park Stadium Lighting Replacement Project, Accepting $300,000 from the Rohnert Park Foundation and Appropriating the Funds to the New Project ACTION: Moved/seconded (Callinan/Mackenzie) to approve the Consent Calendar with the exception of Item 6.B. and Item 6.F. Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. 6.B. Agreement with COTS to Add 12 Dedicated Shelter Beds to the Mary Isaak Center in Petaluma for City of Rohnert Park Use 6.F. Authorizing the City Manager to Execute the First Amendment to the Consultant Services Agreement for Advanced Traffic Management/Adaptive Control Systems Software and Support Services with Kimley-Horn and Associates Inc. in the Amount of $63,700 for Automated Traffic Management System Services ACTION: Moved/seconded (Callinan/Stafford) to approve Item 6.B. and Item 6.F. Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. Mayor Belforte recessed the meeting to the City of Rohnert Park Foundation meeting at 5:57 pm and reconvened the meeting at 6:29 pm. City of Rohnert Park Joint Regular Meeting Minutes September 10, 2019 for City Council/Financing Authority/Successor Agency Page 4 of 7 Development Services Director Pawson announced that the city's downtown sewer project will be closing the intersection of Commerce and Enterprise Drive this evening at 8:00 p.m. 7.REGULAR ITEMS A.Discussion and Direction Regarding Preliminary Northeast Area Specific Plan Planning Manager Beiswenger presented this item. Recommended Action(s): Provide direction regarding the project applicant’s requests for amendments to the City’s General Plan as they relate to the project applicant’s preliminary Northeast Area Specific Plan (NESP). For the record, Councilmember Mackenzie stated that he is a resident of G Section and a member of the committee that worked on the proposed Urban Growth Boundary and the Land Use Map as part of the General Plan. There was a lengthy discussion about Myra Lane and there were meetings for about a year and a half that ended up with that particular dimension on Myra Lane and it was very specifically recognizing the potential impingement of specific plan development in the northeast specific plan area with existing residence of G Section. Applicants Steven Miller, Signature Homes, Eric Price, Landscape Architects and Robert Lee, WHA Architects, Bill Hezmalhalch, William Hezmalhalch Architects, spoke in support of this item. PUBLIC COMMENT: Kent Fossgreen, Chris Meyer, Judy Oates & S. Breining spoke against this item. Terry Shore, Regional Director for the North Bay for Greenbelt Alliance requested Council to ensure the project includes affordable housing and parks. ACTION: By Consensus (Mackenzie opposed), Council denied applicants proposal as “maximum dwelling unit” alternative for CEQA purposes: A request for increased maximum density within the Specific Plan Area from 1,085 units to 1,434 units; A reduced buffer width along Snyder Lane from 200 foot wide buffer to 32 foot wide buffer; A reduction of the buffer between G Section and the project from 100 foot wide buffer to the minimum width necessary to achieve a visual corridor; and modify the park and open space configurations in the general plan which provides for an 8 acre park and linear trails to a proposed 5.8 acre park with three smaller parks (for a total of 10.8 acres of active parks) and linear trails. B.PUBLIC HEARING (Noticed: August 30, 2019) Consider approval of: (a) amendments to the General Plan; (b) an amended University District Specific Plan (UDSP); (c) a Tentative Map for Vast Oak North; and (d) a Development Area Plan in the Vast Oak North area of the UDSP (CEQA Review: Consistent with Final EIR for the University District Specific Plan and the Addendum to the EIR). Development Services Director Pawson presented the item. Recommended Action(s): Conduct a Public Hearing and adopt the following Resolutions: 1) Resolution 2019-111 Approving Amendments to the Land Use Map and Text of the General Plan for University District Specific Plan Project located South of Keiser Avenue, West of Petaluma Hill Road, and City of Rohnert Park Joint Regular Meeting Minutes September 10, 2019 for City Council/Financing Authority/Successor Agency Page 5 of 7 North of Rohnert Park Expressway (Various APNS); 2) Resolution 2019-112 Approving an Amended Specific Plan for the University District Specific Plan Project located South of Keiser Avenue, West of Petaluma Hill Road, and North of Rohnert Park Expressway (Various APNS); 3) Resolution 2019-113 Approving of a Tentative Map to allow the Subdivision of Property Located South of Keiser Avenue, West of Petaluma Hill Road, and North of Rohnert Park Expressway (APN 045-262-001 Through 004, 047-131-019, and 047-131-024 and 025) and 4) Resolution 2019-114 Approving a Development Area Plan (DAP) for Vast Oak North Alder and Sandalwood Neighborhood Parkways, O’Ryan Road, North Kerry Road, Keiser Avenue Streetscapes and Hinebaugh Creek (North) Bike Trail at University District (APN 045-262-001 Through 004, 047-131-019, and 047-131-024 and 025) Public Hearing Opened: 8:24 p.m. Applicant Kevin Paulson, on behalf of the University District, spoke in support of this item. PUBLIC COMMENT: None. Councilmember Mackenzie left the dais at 8:52 p.m. and returned at 8:55 p.m. Public Hearing Closed: 9:03 p.m. ACTION: Moved/seconded (Stafford/Mackenzie) to adopt Resolution 2019-111, Resolution 2019-112 and Resolution 2019-113 Motion carried (Failed) by the following 2-3-0 vote: AYES: Mackenzie, Stafford, NOES: Adams, Callinan, and Belforte, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Mackenzie/Stafford) to adopt Resolution 2019-114 Motion carried by the following 4-1-0 vote: AYES: Adams, Mackenzie, Stafford, and Belforte, NOES: Callinan, ABSTAINS: None, ABSENT: None. C.PUBLIC HEARING (Noticed: August 30, 2019) Consideration of General Plan Amendment to Incorporate Local Hazard Mitigation Plan in Health and Safety Element and Adoption of Local Hazard Mitigation Plan (CEQA Review: Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). Planning Manager Beiswenger presented this item. Recommended Action(s): Conduct a Public Hearing and adopt Resolution 2019-116 amending the City of Rohnert Park General Plan Chapter 7 Section 7.5 “Emergency Management” to Incorporate the City of Rohnert Park – 2018 Local Hazard Mitigation Plan by Reference into the Health and Safety Element and Adopting the Local Hazard Mitigation Plan Public Hearing Opened: 9:07 p.m. PUBLIC COMMENT: None. Public Hearing Closed: 9:07 p.m. City of Rohnert Park Joint Regular Meeting Minutes September 10, 2019 for City Council/Financing Authority/Successor Agency Page 6 of 7 ACTION: Moved/seconded (Mackenzie/Stafford) to adopt Resolution 2019-116 Motion carried by the following unanimous 5-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. D.Consideration of Designating a Voting Delegate for the League of California Cities Annual Conference – October 16 - 18, 2019, Long Beach, CA City Manager Jenkins presented this item. Recommended Action(s): Consider designating a voting delegate(s) for the League of California Cities Annual Conference being held October 16 - 18, 2019 in Long Beach, CA and direct staff to complete the Voting Delegate Form and submit it to the League of California Cities. PUBLIC COMMENT: None. ACTION: Moved/seconded (Stafford Mackenzie) to designate Mayor Gina Belforte as the voting delegate for the League of California Cities Annual Conference. Motion carried by the following unanimous 5-0-0 vote: AYES: Adams, Mackenzie, Stafford, Callinan, and Belforte, NOES: None, ABSTAINS: None, ABSENT: None. 8.COMMITTEE / LIAISON/ OTHER REPORTS A.Standing Committee Reports None. B.Liaison Reports 1. Rohnert Park Chamber of Commerce (8/20) No report. 2.Rohnert Park Library Advisory Board (8/20) Councilmember Adams reported on the meeting. C.Outside Agency Reports 1. Redwood Empire Municipal Insurance Fund (REMIF) (8/14) City Manager Jenkins reported on the meeting. 2. Sonoma County Waste Management Agency (8/21) Councilmember Stafford reported on the meeting. 3. Mayors and Council Members’ Association of Sonoma County Legislative Committee (8/16) No report. 4. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) (9/9) Vice Mayor Callinan reported on the meeting. D.Other Reports 1. Golden Gate Bridge Highway & Transportation District (8/23) Mayor Belforte reported on the meeting. City of Rohnert Park Joint Regular Meeting Minutes September 10, 2019 for City Council/Financing Authority/Successor Agency Page 7 of 7 9.COMMUNICATIONS None. 10.MATTERS FROM/FOR COUNCIL Mayor Belforte requested an item be added to a future agenda to discuss shopping carts around the city. ACTION: By majority (Stafford, Callinan and Belforte), staff is to add a discussion items regarding shopping carts to a future agenda. ACTION: By consensus (none opposed), agenda will be re-ordered to hear Item 12 before Item 11. 12.PUBLIC COMMENTS Gary Coffman requested Council to consider creating a livable space in “G” Section. He also stated each resident should have a limit on how many vehicles they should be allowed to park and requested “no parking” signs during street sweeping days. 11.CLOSED SESSION Mayor Belforte made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 9:17 p.m. in Conference Room 2A to Consider: A.Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Name of Case: Flatten v. City of Rohnert Park, U.S. District Court Northern District of California, Case No. 4:18-cv-06964-HSG B.Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Name of Case: Freeman v. City of Rohnert Park, U.S. District Court Northern District of California, Case No. 4:18-cv-07661-DMR C.Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Name of Case: Payne v. City of Rohnert Park, U.S. District Court Northern District of California, Case No. 3:19-cv-05058 D.Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code §54956.9(d)(3): (One Case) E.Reconvened Joint Regular Meeting Open Session in Council Chamber at 10:17 p.m. to Report on Closed Session (Government Code § 54957.1) Mayor Belforte reported: No Reportable Action 13.ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 10:17 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk Joseph T. Callinan, Mayor City of Rohnert Park City of Rohnert Park Approved November 24, 2020 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 10, 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 November 5, 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 Absent: None. 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, Sergeant Snodgrass, Public Safety Officer DeCarly, Public Safety Officer Forte, Public Safety Officer Guaiumi, Public Safety Officer Guzman, Deputy Chief Johnson, Deputy Director of Community Services Bagley, Housing Administrator Garcia, Senior Code Compliance Office Kirk, Management Analyst Beran, Senior Analyst L. Tacata, and Deputy City Clerk Machado. Staff Present: City Clerk Lopez Cuevas and Information Systems (IS) Operations Manager Rowley. 2.PRESENTATIONS Mayor's Proclamation: Mayor’s Proclamation: Proclaiming November 13, 2020 as World Kindness Day Mayor Callinan read the proclamation and challenged City residents to spread kindness, practice respect, generosity, patience, and to be considerate of others at all times. Item 5.B.8. City of Rohnert Park Joint Regular Meeting Minutes for City Council November 10, 2020 RPFA/CDC Successor Agency Page 2 of 6 3.SSU STUDENT REPORT No report was provided as the Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representatives were unable to attend this meeting. 4.DEPARTMENT HEAD BRIEFING A.Presentation by Director of Public Safety Mattos: Swearing In and Introduction of Sergeant Matthew Snodgrass, Public Safety Officer Levi DeCarly, Public Safety Officer Nick Forte, Public Safety Officer Gabby Guaiumi and Public Safety Officer Ernesto Guzman. Director of Public Safety Mattos presented a video of the swearing in ceremony and introduced each one of the officers. 5.PUBLIC COMMENTS None. 6.CONSENT CALENDAR 6.A. Acceptance of Reports for: 6.A.1. City Bills Demands for Payment Dated October 16 through October 30, 2020 6.A.2. City- Cash Report for Month Ending September 30, 2020 6.A.3. Housing Successor Agency- Cash Report for Month Ending September 30, 2020 6.A.4. RPFA- Cash Report for Month Ending September 30, 2020 6.A.5. Successor Agency - Cash Report for Month Ending September 30, 2020 6.B. Approval of Minutes for: 6.B.1. City Council/RPFA/Successor Agency Joint Regular Meeting, October 27, 2020 6.B.2. City Council/RPFA/Successor Agency Joint Regular Meeting, October 08, 2019 6.C. Adopt Resolution 2020-097 Authorizing the City Manager to Increase Appropriations in the Senior Center Non-Routine Maintenance Account in Fiscal Year 2020-21 for the Senior Center Monument Sign Repair Project 6.D. Adopt Resolution 2020-098 Authorizing and Approving a 2020 Master Services Agreement with GHD, Inc. for Engineering Planning, Design, Construction Management, and Related Services 6.E. Authorize the City Manager to Execute Amendment 3 to Task Order 2019-05 with Green Valley Consulting Engineers for Additional Construction Management and Inspection Services for Bella Creek Apartments in an amount not to exceed $55,500 and a total Task Order Value of $254,490.50 6.F. Authorize the City Manager to Execute Task Order 2020-14 with GHD to Develop a Local Road Safety Plan (LSRP) (CIP Project 2020-22) in an amount not to exceed $72,195 6.G. Adopt Resolution 2020-099 Approving and Authorizing the City Manager to Execute Documents Including, a Consent to an Assignment and Assumption Agreement and An Amended Affordable Housing Covenant, to Effectuate the Construction and Development by Willow Glen Partners, LP, of the 36-Unit Affordable Apartment Project, Required by the City’s Development Agreement for the Southeast Specific Plan Area (CEQA Status: Consistent with the Final EIR for the Southeast Specific Plan) City of Rohnert Park Joint Regular Meeting Minutes for City Council November 10, 2020 RPFA/CDC Successor Agency Page 3 of 6 ACTION: Moved/seconded (Mackenzie/Stafford) to approve the Consent Calendar Motion carried by the following 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie, and Callinan, NOES: None, ABSTAINS: None, ABSENT: None 7.REGULAR ITEMS: A.Discussion and Direction on the Redwood Empire Municipal Insurance Fund and the Merger with Public Agency Risk Sharing Authority of California to Create the California Intergovernmental Risk Authority. Amy Northam, Redwood Empire Municipal Insurance Fund (REMIF) General Manager presented this item. Recommended Action(s): 1) Receive an informational presentation regarding the Redwood Empire Municipal Insurance Fund (REMIF) and the Public Agency Risk Sharing Authority of California (PARSAC) merger to create the California Intergovernmental Risk Authority (“CIRA”); 2) Provide direction regarding the Joint Powers Agreement and Bylaws for the CIRA Merger; 3) Provide direction regarding the amended Joint Powers Agreement and Bylaws for REMIF; and 4) Direct staff to bring back the CIRA Agreement and Bylaws and Amended JPA Agreement and Bylaws for Redwood Empire Municipal Insurance Fund for adoption at a future Council meeting. PUBLIC COMMENTS: None. Council received and accepted the Report. ACTION: Moved/seconded (Callinan/Stafford) Council directed staff to move forward as proposed with their recommended action and bring back an item for adoption at a future Council meeting. Motion carried by the following 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie, and Callinan, NOES: None, ABSTAINS: None, ABSENT: None B. Consider Approving a Proposal to Artistically Paint the City’s Traffic Signal Control Boxes. Deputy Director of Community Services Bagley presented this item. Also present was Ken McCoy, Rotary Club Youth Services Director. Recommended Action(s): Authorize the Rotary Club of Rohnert Park-Cotati and the Rotary Club of Rancho Cotati to work with Sonoma State University students to artistically paint approximately twenty traffic control signal boxes along Rohnert Expressway in the City of Rohnert Park. Deputy Director of Community Services Bagley informed that the number of traffic control signal boxes that would be painted has been reduced from twenty to eleven. PUBLIC COMMENT: None. City of Rohnert Park Joint Regular Meeting Minutes for City Council November 10, 2020 RPFA/CDC Successor Agency Page 4 of 6 ACTION: Moved/seconded (Belforte/Callinan) Council directed staff to move forward as proposed with their recommended action. Motion carried by the following 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie, and Callinan, NOES: None, ABSTAINS: None, ABSENT: None D.Consider a Drive-Thru Holiday Lights Event Hosted by the Rohnert Park Chamber of Commerce at the Community Center Complex. Deputy Director of Community Services Bagley presented this item. Also present was Lisa Orloff, Executive Director, Rohnert Park Chamber of Commerce. Recommended Action(s): Authorize Community Services to issue a permit to the Rohnert Park Chamber of Commerce to host a drive-thru Holiday Lights Celebration at the Community Center Complex on December 18 and 19, 2020 from 5:00 to 8:00 p.m. PUBLIC COMMENT: None. ACTION: By consensus (none opposed), Council directed staff to move forward as proposed with their recommended action. E.Consider Adding a Public Works Inspector Position to the Development Services. Director of Development Services Pawson presented this item. Recommended Action(s): Authorize an additional Public Works Inspector to the Development Services staff and direct staff to return to Council with a resolution to formally add the position. PUBLIC COMMENT: None. ACTION: By consensus (none opposed), Council directed staff to move forward as proposed with their recommended action to bring back a resolution to formally add the position. E.City of Rohnert Park’s Response to Novel Coronavirus (COVID-19) and considering Forming an Ad Hoc Committee for COVID-19 Response A verbal report was provided by City Manager Jenkins, providing testing data for the City of Rohnert Park and informing that the positive rate at the Burton Rec Center Popup testing site in Rohnert Park was 22%, which is very concerning. City Manager Jenkins also informed that the holidays are coming and people trying to get around the rules are a concern. He further spoke of issues restaurants are having with the use of tents and County’s current rules; At the Federal/international level, there is a possible vaccine that is looking promising. The County is providing financial assistance to those who test positive and need to miss work. The Health Officer is interested in meeting with the all City Managers and Mayors and staff will be setting a meeting. PUBLIC COMMENT: Deputy City Clerk Machado read comments submitted by Julie Royes who thanked City Manager Jenkin for his bi-monthly COVID-19 updates and for City of Rohnert Park Joint Regular Meeting Minutes for City Council November 10, 2020 RPFA/CDC Successor Agency Page 5 of 6 relying on facts and science. Julie Royes also stated that Rohnert Park’s “pop up” testing site was very well run with quick results and a $30 VISA gift card to offset the time. Council received and accepted the Report. 8.COMMITTEE / LIAISON/ OTHER REPORTS A.Standing Committees: None. B.Liaison Reports: None. C.Outside Agency Reports: 1. Santa Rosa Plain Groundwater Sustainability Agency Board Meeting (10/29) Councilmember Stafford reported on the meeting. 2.Water Advisory Committee (WAC) and Technical Advisory Committee (TAC) to Sonoma Water Joint Meeting (11/02) Vice Mayor Mackenzie reported on the meeting. 3. Sonoma Clean Power Authority Board of Directors Meeting (11/5) Councilmember Belforte reported on the meeting. 4. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Board of Directors Meeting (11/09) Vice Mayor Mackenzie reported on this meeting and indicated he will not be able to attend the December SCTA/RCPA meeting. Mayor Callinan indicated he will not be able to attend the meeting either. Vice Mayor Mackenzie suggested that at the next meeting, there be another alternate named to attend the next SCTA/RCPA meetings until the new Mayor has appointed a designee. Vice Mayor Mackenzie stated that he is requesting the Metropolitan Transportation Commission (MTC) to extend his term until a new MTC Commissioner is appointed by the Board of Supervisors. D.Other Reports: None. 9.COMMUNICATIONS None. 10.MATTERS FROM/FOR COUNCIL Councilmember Belforte requested that those serving on various committees, boards and commissions be acknowledged for their service to the City. City of Rohnert Park Joint Regular Meeting Minutes for City Council November 10, 2020 RPFA/CDC Successor Agency Page 6 of 6 ACTION: By consensus (none opposed), staff is directed to prepare letters thanking members serving at the City’s committees, boards and commissions for the Mayor to sign. Those with 5 years of service or more will be mailed a plaque that will include their years of service. 11.PUBLIC COMMENT None. 12. ADJOURNMENT Mayor Callinan adjourned the joint regular meeting 6:34 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk Joseph T. Callinan, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 5.C. 1 Meeting Date: November 24, 2020 Department: Finance Submitted By: Nishil Bali, Finance Director Prepared By: Katie Edgar, Accountant Agenda Title: Adopt a Resolution Accepting the Development Impact Fee Report for Fiscal Year July 1, 2019 through June 30, 2020 RECOMMENDED ACTION: Adopt a Resolution Accepting the Development Impact Fee Report for Fiscal Year July 1, 2019 through June 30, 2020. BACKGROUND: In 1987 the State enacted Assembly Bill No. 1600, adding Section 66000 et seq. to the Government Code. This law requires that any city imposing development impact fees must report certain information each year. In accordance with this requirement, staff annually reports to the City Council, pursuant to Government Code 66006, for each development impact fee collected: (a) the fee description; (b) the amount of the fee; (c) the beginning and ending balances of each fund for which the impact fees were collected; (d) the amount of fee collected and the corresponding interest earned; (e) the identification of each public improvement on which fees were expended and the amounts expensed on each such improvement; (f) the approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement; (g) a description of any interfund transfer, loan or any refund made for each impact fee fund; and (h) the amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. For items (a) through (h), the information for FY 2019-20 is provided below for each development impact fee. In addition to the annual reporting requirement, Government Code 66001 requires that the City prepare a report for the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City is required to make the following findings with respect to that portion of the fund or account remaining unexpended, whether committed or uncommitted: (a) Identify the purpose to which the fee is to be put ; (b) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged; (c) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a); and (d) Designate the approximate dates on which the funding referred to in subparagraph (c) is expected to be deposited into the appropriate acco unt or fund. 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.C. 2 ANALYSIS: In accordance with the requirements of Government Code section 66000 et seq., City staff have prepared the City’s Annual Development Impact Fee Report, attached as Exhibit A. To be in full compliance with State law, the City must: 1. Report annually pursuant to Government Code 66006; 2. Spend or commit development impact fees within five years of collecting them; or 3. Report every five years and make finding s required by Government Code 66001(d) including a finding that demonstrates a reasonable relationship remains between the need for the fees and the purpose for which the fee was originally proposed. This report has been prepared for FY 2019-20, and was made available to the public as of November 9, 2020. OPTIONS CONSIDERED: As the City is required to comply with AB 1600 Development Impact Fee in its entirety, no alternatives to the proposed resolution have been considered. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: 11/3/20 City Attorney Approval Date: N/A City Manager Approval Date: 11/13/20 Attachments (list in packet assembly order): 1. Resolution 2. Exhibit A - Annual Development Impact Fee Report 3. Attachment 1 to Exhibit A – Development Impact Fees Resolution 2020-100 1 RESOLUTION NO. 2020-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR JULY 1, 2019 THROUGH JUNE 30, 2020 WHEREAS, pursuant to Government Code Section Government Code Section 66006 , the City of Rohnert Park is required to prepare an annual report regarding the use of development impact fees within 180 days after the close of each fiscal year; and, WHEREAS, staff has prepared a report that contains the information required by Government Code Section 66000 et seq., a copy of which is attached hereto as Exhibit A and incorporated by this reference; and, WHEREAS, notice to interested persons was mailed to the extent required by Government Code section 66006; and WHEREAS, no refunds of development impact fees were collected pursuant to Government Code §66001(e), nor were there any allocations of unexpended revenues collected pursuant to Government Code §66001(f); and WHEREAS, this report has been made available to the public not less than fifteen (15) days from the date of the next regularly scheduled public meeting. The report has been available for public review at the Clerk’s office and on the City’s website since November 9, 2020; and, WHEREAS, Government Code Section 66001 (d) requires a local agency to make findings with respect to any unexpended funds for the fifth fiscal year following the first deposit into the account or fund; and, WHEREAS, the following funds contain unexpended funds subject to Government Code Section 66001(d): Affordable Housing Linkage Fee Fund No. 147 and the Traffic Signalization Fund No. 150; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the foregoing recitals are true and correct. BE IT FURTHER RESOLVED that the City Council does hereby find and adopt as follows: 1. In accordance with Government Code Section 66000 et seq., the City has conducted an annual and five-year review of its development impact fees and capital infrastructure programs and the Council has reviewed the Development Impact Fee Report for the fiscal year 2019-20, attached hereto as Exhibit A, which is hereby accepted and adopted as the report required pursuant to Government Code section 66006(b). 2. In accordance with Government Code section 66001(d), the City Council makes the following findings: A. The Affordable Linkage Fee Fund No. 147 contains unexpended funds. The Affordable Linkage Fee Fund No. 147 serves as a mechanism for non- Resolution 2020-100 2 residential development to offset the impacts created by new workers on the City’s affordable housing stock. There is a reasonable relationship between the Affordable Linkage Fee and its use, because the fee is reasonably calculated to cover the costs of constructing affordable housing or implementing housing programs, which are outlined in the City’s adopted Housing Element, and are necessary to offset the impacts of new development. Funds available in the Affordable Linkage Fee Fund No. 147, which total $279,505, will be used to assist in securing and renewing affordable housing covenants throughout the City in FY 2020-21. As additional revenues are collected, fee revenue will be used to assist in the construction of affordable housing or in the implementation of housing programs that are outlined in the City’s adopted Housing Element. B. The Traffic Signalization Fund No. 150 fees are to be used for traffic signals installation in the Rohnert Park Major Thoroughfare District that are necessary to serve a new development. There is a reasonable relationship between the Traffic Signalization Fee and its use because the fee was reasonably calculated to cover the costs of developing traffic systems to serve new development . Funds available in the Traffic Signalization Fund, which total $798,480, will be used to construct intersection improvement s in FY 2020-21. Additional funds from the Public Facilities Fee ($521,000), Measure M ($222,273), Gas Tax SB1 (275,000), Casino Supplemental (560,000) and Gas Tax ($325,179) may be used to supplement the cost of completing the intersection improvements. 3. The Council hereby approves, accepts and adopts the Development Impact Fee Report for the fiscal year 2019-20, attached hereto as Exhibit A, and makes the findings set forth in this resolution. DULY AND REGULARLY ADOPTED this 24th day of November, 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: ( ) 1 Exhibit A CITY OF ROHNERT PARK ANNUAL DEVELOPMENT IMPACT FEE REPORT Fiscal Year July 1, 2019 through June 30, 2020 Issued on November 9, 2020 State Law (Government Code Section 66006), requires each local agency that imposes AB 1600 development impact fees to prepare an annual report providing specific information about those fees. Further, it stipulates that fees imposed on new development have the proper nexus to any project on which they are imposed. AB 1600 imposes certain accounting and reporting requirements with respect to the fees collected. The fees must be segregated from the General Fund and from other funds or accounts containing fees collected for other improvements. Each fund must earn its own interest and be used for the same purpose as the fee collected. The report shall be completed within 180 days after the last day of each fiscal year, and made available to the public at least 15 days in advance of the public meeting at which the report is presented. The following information must be contained in the report: • A description of the type fee in the account or fund. • The amount of the fee. • The beginning and ending balances of each fund for which the impact fees were collected. • The amount of fee collected and the corresponding interest earned. • An identification of each public improvement on which fees were expended and the amounts expensed on each such improvement including the total percentage of the cost of the public improvement that was funded with the fees. • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement . • A description of any interfund transfer, loan or any refund made for each impact fee fund including the public improvement on which the transferred or loaned fees will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. • The amount of refunds made due to sufficient funds being collect to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenue exceeded the amount to be refunded. PER ACRE DEVELOPMENT FEE (Fund No. 110) 2 This fee was established per Resolution 79-08 and repealed by Resolution 2016-112, which adopted the City’s Water Capacity Charge (see discussion under Fund No. 519 later in this report). The fee provides for the expansion of the City’s water system, including but not limited to production, storage, and distribution facilities and necessary engineering and planning studies. In fiscal year 2019-20, the City used revenue generated by this fee to extend the water distribution system to serve new development on the east side of the Rohnert Park. No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. Amount of Fee: NA – No longer collected Fund Balance, Receipts, and Interest Earned (FY19-20) Beginning Balance: $ 23,857.84 Adjustment to Fund Balance 0.00 Receipts 0.00 Interest 367.56 Expenditures 0.00 Ending Balance: $ 24,225.40 Revenues Expenditures Adjustments Fund Balance Beginning Fund Balance 2015-16 483,238.92$ FY 2015-16 $ 145,346.72 $ - $ - 628,585.64 FY 2016-17 250,052.50 13,596.25 0.00 865,041.89 FY 2017-18 7,175.94 40,713.84 0.00 831,503.99 FY 2018-19 5,236.01 812,882.16 0.00 23,857.84 FY 2019-20 367.56 0.00 0.00 24,225.40 Totals $ 891,417.65 $ 867,192.25 $ - 24,225.40$ Result: Five year spent test met in accordance with Government Code 66001. Five Year Revenue Test PER ACRE DEVELOPMENT FEE (Fund No. 110) 3 The tables below illustrate the expenditures from the Per Acre Development Fee Fund in Fiscal Year 2019-20 and the planned expenditures for Fiscal Year 2020-21. % of Project Project #Project Name Expenditures Funded with Fee 2017-18 Keiser Avenue Parallel Pipeline 0 61.13% Total Expenditures -$ Per Acre Development Fee Public Improvements FY 19-20 Expenditures % of Project Project #Project Name Expenditures Funded with Fee 2017-18 Keiser Avenue Parallel Pipeline 6,951.00$ 61.13% Total Expenditures 6,951.00$ Per Acre Development Fee Future Public Improvement Projects AFFORDABLE HOUSING LINKAGE FEE (Fund No. 147) 4 This fee was established per Resolution 2006-277. The fee serves as a mechanism for non- residential development to offset the impacts created by new workers on the City’s affordable housing stock. As development proceeds, fee revenue will be used to assist in the construction of affordable housing or in the implementation of housing programs that are outlined in the City’s adopted Housing Element. No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. Amount of Fee: $0.69 per commercial square foot $1.19 per retail square foot $0.71 per industrial square foot Fund Balance, Receipts, and Interest Earned (FY19-20) Beginning Balance: $ 212,926.27 Adjustment to Fund Balance 0.00 Receipts 63,044.17 Interest 3,534.42 Expenditures 0.00 Ending Balance: $ 279,504.86 Revenues Expenditures Adjustments Fund Balance Beginning Fund Balance 2015-16 120,487.81$ FY 2015-16 $ 251.42 $ 0.00 $ 0.00 120,739.23 FY 2016-17 11,454.72 0.00 0.00 132,193.95 FY 2017-18 60,600.68 0.00 0.00 192,794.63 FY 2018-19 50,131.64 30,000.00 0.00 212,926.27 FY 2019-20 66,578.59 0.00 0.00 279,504.86 Totals $ 189,017.05 $ 30,000.00 $ 0.00 279,504.86$ Five Year Revenue Test Result: Five year spent test not met in accordance with Government Code 66001. AFFORDABLE HOUSING LINKAGE FEE (Fund No. 147) 5 The tables below illustrate the expenditures from the Affordable Housing linkage fee in Fiscal Year 2019-20 and the planned expenditures for Fiscal Year 2020-21. % of Project Project #Project Name Expenditures Funded with Fee N/A Affordable Covenants Assistance -$ 100.00% Total Expenditures -$ Affordable Housing Linkage Fee Public Improvements FY 19-20 Expenditures % of Project Project #Project Name Expenditures Funded with Fee N/A Affordable Covenants Assitance 200,000.00$ 100.00% Total Expenditures 200,000.00$ Affordable Housing Linkage Future Public Improvements TRAFFIC SIGNALIZATION FEE (Fund No. 150) 6 This fee was established per Resolution 79-84 for the construction of traffic signals at planned intersections. This fee was repealed on July 13, 2004, when the City’s Public Facilities Fee was established (see discussion under Fund No. 164 & 165 later in this report). In Fiscal Year 2019- 20, the City used these fee revenues for design and engineering of a traffic flow improvement project at the intersection of Southwest Boulevard and Commerce Boulevard. No loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. Amount of Fee: NA-No longer collected Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 829,788.86 Adjustment to Fund Balance 0.00 Receipts 0.00 Interest 12,461.31 Expenditures 43,770.53 Ending Balance: $ 798,479.64 Revenues Expenditures Adjustments Fund Balance Beginning Fund Balance 2015-16 1,507,282.17$ FY 2015-16 $ 8,308.11 $ 9,420.26 $ 0.00 1,506,170.02 FY 2016-17 9,043.00 443,913.29 0.00 1,071,299.73 FY 2017-18 8,260.45 251,061.45 0.00 828,498.73 FY 2018-19 12,146.71 10,856.58 0.00 829,788.86 FY 2019-20 12,461.31 43,770.53 0.00 798,479.64 Totals $ 50,219.58 $ 759,022.11 $ 0.00 798,479.64$ Five Year Revenue Test Result: Five year spent test not met in accordance with Government Code 66001. TRAFFIC SIGNALIZATION FEE (Fund No. 150) 7 The tables below illustrate the expenditures from the Traffic Signalized Fee Fund in Fiscal Year 2019-20 and the planned expenditures for Fiscal Year 2020-21. % of Project Project #Project Name Expenditures Funded with Fee 2016-07 Traffic Signals System Needs 19,087.69$ 20.84% 2017-07 TR-84 Intersection Improvements 24,682.84 30.07% Total Expenditures 43,770.53$ Traffic Signalization Fee Public Improvements FY 19-20 Expenditures % of Project Project #Project Name Expenditures Funded with Fee 2017-07 TR-84 Intersection Improvements 792,018.16 30.07% Total Expenditures 792,018.16$ Traffic Signalization Fee Future Public Improvement PUBLIC FACILITIES FEE (Fund No. 164 & 165) 8 This fee was established in 2004 and updated in 2008 and 2011. The most recent update was approved by Resolution 2011-109 and shall be solely used for; (a) the purposes described in the City’s Public Facilities Finance Plan (PFFP); (b) for reimbursing the City for the development’s fair share of those capital improvements already constructed by the City; or (c) for reimbursing developers who have constructed public facilities described in the PFFP or other facility master plans adopted from time to time by the City Council where those facilities were beyond that needed to mitigate the impacts of the developer’s project or projects. The City annually uses fee revenue from this fund to make a portion of regular debt service payments incurred by the City and the Santa Rosa Subregional System for expansions that serve new development. In Fiscal Year 2019-20, the City used the fee revenue s to fund the reconstruction of Keiser Avenue and design of Copeland Creek Detention Basin, both of which primarily serve projects that new development on Rohnert Park’s east side, as well as the construction of the Westside Public Safety Building to meet new development service demands west of Highway 101. In Fiscal Year 2020-21, the City will use these fee revenues to complete the construction of the Westside Public Safety Building. PFFP funds are also budgeted for the design and construction of a Southwest/Commerce roundabout, which is designed to adderss traffic flow impacts through the intersection as generated by new development . This fee fund has responsibility of a loan for borrowings obtained in prior fiscal years for a project that benefited new development and that was included the PFFP. The loan was from the former Redevelopment Agency for Eastside Trunk Sewer Phase I in t he amount of $10,055,725.The Loan has been completely repaid with no remaining balance at June 30, 2020 . No interfund loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. Amount of Fee: See Attachment 1 PUBLIC FACILITIES FEE (Fund No. 164 & 165) 9 Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 5,710,934.32 Adjustment to Fund Balance 0.00 Receipts 5,311,075.54 Interest 112,875.92 Expenditures 3,710,712.40 Ending Balance: $ 7,424,173.38 Revenues Expenditures Adjustments Fund Balance Beginning Fund Balance 2015-16 (7,257,884.09)$ FY 2015-16 $ 5,483,273.23 $ 7,439,199.92 $ 0.00 (9,213,810.78) FY 2016-17 2,483,850.96 5,010,276.42 0.00 (11,740,236.24) FY 2017-18 10,349,058.99 2,854,501.43 0.00 (4,245,678.68) FY 2018-19 11,547,564.57 1,590,951.57 0.00 5,710,934.32 FY 2019-20 5,423,951.46 3,710,712.40 0.00 7,424,173.38 Totals $ 35,287,699.21 $ 20,605,641.74 $ 0.00 7,424,173.38$ Five Year Revenue Test Result: Five year spent test met in accordance with Government Code 66001. The tables below illustrate the expenditures from the Public Facilities Fee in Fiscal Year 2019-20 and the planned expenditures for Fiscal Year 2020-21. % of Project Project #Project Name Expenditures Funded with Fee N/A 3% Admin Fee From F165 To F164 154,691.52$ N/A N/A Reimb GF Development Services Admin Costs 166,937.00$ N/A Reimb GF Finance Admin Costs 135,349.00 N/A N/A Subregional Waste Water Expansion 685,565.64 N/A N/A 24.965% Debt Svcs Refunding Sewer 174,596.40 N/A 2017-18 TR-35 Keiser Ave Reconstruction 2,310,851.06 98.54% 2006-04 OF-39 Copeland Creek Flooding Detention 44,483.38 95.78% 2005-03 RW-01 Recycled Water System Expansion 1,620.50 100.00% 2014-01 Snyder Lane 36,617.90 31.82% Total Expenditures 3,710,712.40$ Public Facilities Fee Public Improvements FY 19-20 Expenditures PUBLIC FACILITIES FEE (Fund No. 164 & 165) 10 % of Project Project #Project Name Expenditure Funded with Fee 2018-35 Intersection Improvements- 101 SB Ramps 346,000.00$ 100.00% 2017-18 Keiser Ave Reconstruction 1,485,582.66 98.54% 2017-07 Intersection Improvements- Comm Blvd & SW 521,000.00 19.14% 2006-04 Copeland Creek Flooding Detention Facility 6,032,456.63 95.78% 2004-13 Westside Public Safety Station 2,115,970.00 27.21% 2018-28 Interceptor Outfall - P2 357,500.00 21.11% 2020-20 Dowdel Ave Alignment Study 50,000.00 100.00% 2020-24 Habitat Mitigation 40,000.00 100.00% 2017-06 Snyder Lane Widening 100,000.00 100.00% 2005-03 Recycled Water CIP 16,524.48 100.00% Total Expenditures 11,065,033.77$ Public Facilities Fee Future Public Improvements COPELAND CREEK DRAINAGE FEE (Fund No. 191) 11 This fee was established per Resolution 67-64 for improvements to the Copeland Creek watershed to offset the impacts of new development. In FY 19-20, there was insufficient funds available. No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. Amount of Fee: $630 per acre Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 805.91 Adjustment to Fund Balance 0.00 Receipts 1,423.80 Interest 29.93 Expenditures 0.00 Ending Balance: $ 2,259.64 Revenues Expenditures Adjustments Fund Balance Beginning Fund Balance 2015-16 53,850.19$ FY 2015-16 $ 296.95 $ 0.00 $ 0.00 54,147.14 FY 2016-17 342.14 0.00 0.00 54,489.28 FY 2017-18 1,157.35 30,000.00 0.00 25,646.63 FY 2018-19 861.28 25,702.00 0.00 805.91 FY 2019-20 1,453.73 0.00 0.00 2,259.64 Totals $ 4,111.45 $ 55,702.00 $ 0.00 2,259.64$ Five Year Revenue Test Result: Five year spent test met in accordance with Government Code 66001. The City had no expenditures in FY 2019-20 due to insufficient funds available. The City has not planned expenditures for FY 2020-21 due to insufficient funds available at this time. WILFRED DOWDELL PUBLIC SAFETY MITIGATION FEE (Fund No. 315) 12 This fee was established per Resolution 14-129 and is intended to mitigate impacts to the City’s public safety department as a result of development in the Wilfred Dowdell Specific Plan Area. Specifically the fee provides for the purchase of equipment needed to outfit the additional Public Safety Officers required as a result of project development. In FY 2019-20 there were insufficient funds available. No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. Amount of Fee: $1,895.02 per acre Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 131.78 Adjustment to Fund Balance 0.00 Receipts 0.00 Interest 2.03 Expenditures 0.00 Ending Balance: $ 133.81 Revenues Expenditures Adjustments Fund Balance Beginning Fund Balance 2015-16 13,024.24$ FY 2015-16 $ 71.82 $ 0.00 $ 0.00 13,096.06 FY 2016-17 82.75 0.00 0.00 13,178.81 FY 2017-18 110.80 0.00 0.00 13,289.61 FY 2018-19 180.17 13,338.00 0.00 131.78 FY 2019-20 2.03 0.00 0.00 133.81 Totals $ 447.57 $ 13,338.00 $ 0.00 133.81$ Five Year Revenue Test Result: Five year spent test met in accordance with Government Code 66001. The was insufficient funds available in FY 2019-20. The City has not planned expenditures for FY 2020-21 due to insufficient funds available at this time. WATER CAPACITY CHARGE FUND (Fund No. 519) 13 This fee was established per Resolution 2016-112 and replaces the City’s “Per Acre Development Fee” (Fund 110), which was simultaneously repealed. The fee provides for expansion of the City’s water system including production, storage and limited distribution facilities, along with the planning and engineering studies necessary to complete these capital facilities. In Fiscal Year 2019-20, the City used these fee revenues on water system upgrades and expansion projects, including the construction of Water Tank #8, South Rohnert Park Transmission Line, and Keiser Parallel Pipeline, which benefit new development on the east side of Rohnert Park. Water Capacity Charge funds were also used to complete a water system master plan, which will help determine future projects. No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivision (e) and (f) of Government Code Section 66001. Amount of Fee: See Attachment 1 Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 3,938,574.80 Adjusment to Fund Balance 0.00 Receipts 666,949.63 Interest 37,849.01 Expenditures 3,742,756.56 Ending Balance: $ 900,616.88 Revenues Expenditures Adjustments Fund Balance Beginning Fund Balance 2015-16 0.00$ FY 2015-16 $ 0.00 $ 0.00 $ 0.00 0.00 FY 2016-17 5,255,657.95 290,854.23 0.00 4,964,803.72 FY 2017-18 2,644,676.09 842,227.39 0.00 6,767,252.42 FY 2018-19 748,482.42 3,577,160.04 0.00 3,938,574.80 FY 2019-20 704,798.64 3,742,756.56 0.00 900,616.88 Totals $ 9,353,615.10 $ 8,452,998.22 $ 0.00 900,616.88$ Five Year Revenue Test Result: Five year spent test met in accordance with Government Code 66001. The tables below illustrate the expenditures from the Water Capacity Charge Fee Fund in Fiscal Year 2019-20 and the planned expenditures for Fiscal Year 2020-21. WATER CAPACITY CHARGE FUND (Fund No. 519) 14 % of Project Project #Project Name Expenditures Funded with Fee 2017-18 Keiser Parallel Pipeline 3,566.00$ 38.87% 2018-06 South Rohnert Park Transmission Line 1,004,929.14 99.46% 2018-08 Water System Master Plan 3,455.50 100.00% 2006-09 WA-26 Water Tank # 8 2,730,805.92 81.27% Total Expenditures 3,742,756.56$ Water Capacity Improvement FY 19-20 Expenditures % of Project Project #Project Name Expenditures Funded with Fee 2017-18 Keiser Parallel Pipeline 190,112.54$ 38.87% 2018-06 South Rohnert Park Transmission Line 24,643.36 99.46% 2018-08 Water System Master Plan 190,216.75 100.00% 2019-29 Commerce Water Line Replacement 373,000.00 21.28% 2020-16 Well Electrical Upgrade 300,000.00 100.00% Total Expenditures 1,077,972.65$ Water Capacity Future Improvement Expenditures Development Impact Fees PUBLIC FACILITIES FEE The Public Facilities Fee (PFF) is based on the Public Facilities Finance Plan, which determined the facilities needed to serve new development built out in accordance with the City’s General Plan, and in turn, new developments’ fair share of the costs of those facilities. The fair share of costs varies based on the land use class of the new development and the location of the new development. New residential development is subject to the Public Facilities Fee shown in Table 1: Residential Fees below. Fair share costs for expansion of sewer, water, and public facilities are included in the fees shown below. Table 1: Residential Fees Land Use Designation Infill East of Hwy 101 Infill West of Hwy 101 Northeast SPA University District SPA Southeast SPA SOMO Village PD Northwest SPA Wilfred Dowdell SPA Stadium Lands PD Canon Manor SPA Single Family Residential (unit) $21,778 $23,570 $33,786 $34,267 $31,018 $26,600 NA NA NA $24,400 Multi- Family Residential (unit) $14,056 $15,176 $21,018 $21,132 $20,073 $17,189 $15,604 NA $15,714 $15,932 Senior Housing (unit) $13,313 $14,433 NA NA NA NA NA NA NA NA Assisted Living (unit) $11,577 $12,137 NA NA NA NA NA NA NA NA New non-residential development is subject to 3 components that together make up the total Public Facilities Fee for such projects: Table 2: PFF – Public Facilities. This component of the PFF pays for expanded transportation infrastructure (i.e. new roads, traffic signals), public safety capacity and infrastructure (e.g. Westside Public Safety building), and public works and community facilities. The fee is based on a rate determined by the land use and project location, multiplied by each enclosed 1000 SF of project. Table 3: PFF – Sewer. This component pays for the infrastructure needed to send additional sewerage to the Laguna Treatment Plant. The fee is based on a rate determined by the land use and project location, multiplied by the daily flow gallons expected to be generated by the new development, based on the number and type of fixtures in the project. Table 4: PFF – Drainage. This component pays for additional capacity of the drainage system needed to lessen and treat runoff created by new impervious surfaces in new development. The fee is based on a rate determined by the land use and project location, multiplied by 1000 SF of disturbed site area created by the project. Attachment 1 City of Rohnert Park Development Impact Fees (continued) Updated for 6/1/2020 distribution Page 2 Table 2: PFF - Public Facilities for Non-Residential Development Fees Applied to Enclosed Thousand Square Feet (TSF) Table 3: PFF – Sewer, for Non-Residential Development Fees Applied to Gallons of Wastewater Generated (GAL) Table 4: PFF – Drainage for Non-Residential Development Fees Applied to Disturbed Site Area (TSF) Land Use Designation Infill East of Hwy 101 Infill West of Hwy 101 Northeast SPA University District SPA Southeast SPA SOMO Village PD Northwest SPA Wilfred Dowdell SPA Stadium Lands PD Canon Manor SPA General Office (enclosed tsf) $10,017 $11,619 NA $10,519 $10,519 $10,519 $11,619 $11,619 $11,619 NA Hotel/Motel (enclosed tsf) $7,171 $7,992 NA $7,355 $7,355 $7,355 $7,759 $7,759 $7,759 NA Retail (enclosed tsf) $15,046 $16,064 NA $15,365 $15,365 $15,365 $16,064 $16,064 $16,064 NA Light Industrial (enclosed tsf) $3,225 $3,595 NA $3,341 $3,341 $3,341 $3,595 $3,595 $3,595 NA Heavy Industrial (enclosed tsf) $3,225 $3,595 NA $3,341 $3,341 $3,341 $3,595 $3,595 $3,595 NA Warehouse (tsf) $2,594 $2,965 NA $2,710 $2,710 $2,710 $2,965 $2,965 $2,965 NA Land Use Designation Infill East of Hwy 101 Infill West of Hwy 101 Northeast SPA University District SPA Southeast SPA SOMO Village PD Northwest SPA Wilfred Dowdell SPA Stadium Lands PD Canon Manor SPA General Office $77.94 $77.94 NA $132.72 $129.00 $129.00 $77.94 $77.94 $77.94 $129.00 Hotel/Motel $77.94 $77.94 NA $132.72 $129.00 $129.00 $77.94 $77.94 $77.94 $129.00 Retail $77.94 $77.94 NA $132.72 $129.00 $129.00 $77.94 $77.94 $77.94 $129.00 Light Industrial $77.94 $77.94 NA $132.72 $129.00 $129.00 $77.94 $77.94 $77.94 $129.00 Heavy Industrial $77.94 $77.94 NA $132.72 $129.00 $129.00 $77.94 $77.94 $77.94 $129.00 Warehouse $77.94 $77.94 NA $132.72 $129.00 $129.00 $77.94 $77.94 $77.94 $129.00 Land Use Designation Infill East of Hwy 101 Infill West of Hwy 101 Northeast SPA University District SPA Southeast SPA SOMO Village PD Northwest SPA Wilfred Dowdell SPA Stadium Lands PD Canon Manor SPA General Office (disturbed tsf) NA NA NA $330.08 NA NA $300.41 $300.41 $300.41 NA Hotel/Motel (disturbed tsf) NA NA NA $330.08 NA NA $300.41 $300.41 $300.41 NA Retail (disturbed tsf) NA NA NA $330.08 NA NA $300.41 $300.41 $300.41 NA Light Industrial (disturbed tsf) NA NA NA $330.08 NA NA $300.41 $300.41 $300.41 NA Heavy Industrial (disturbed tsf) NA NA NA $330.08 NA NA $300.41 $300.41 $300.41 NA Warehouse (disturbed tsf) NA NA NA $330.08 NA NA $300.41 $300.41 $300.41 NA Attachment 1 City of Rohnert Park Development Impact Fees (continued) Updated for 6/1/2020 distribution Page 3 Public Facilities Fee Schedule Notes 1. See 2011 Update to the Public Facilities Finance Plan for detailed presentation of calculations. (Adopted by City Council Resolution) 2. “Infill Development” is all development (new, remodel or reconstruction) outside of the defined Specific Plan Areas or Planned Developments 3. Non-residential fees are calculated by summing the values from Tables 2, 3, and 4 for the type of land use proposed. 4. “Mixed Use” fees are calculated by summing the fees calculated for each type of land use within the mixed use proposal. 5. N/A or Not Applicable means that a particular fee component does not apply within the defined geographic area because: a. New development within that geographic does not create impacts to certain infrastructure systems; or b. Approved Specific Plans do not include certain land use classes, hence fee components have not been computed. 6. Enclosed Thousand Square Feet is calculated based on the gross floor area, as defined in Chapter 17.04 of the Municipal Code including any patio area under a horizontal projection of the roof, the floor above or other covering, when such area is used for activities integral to the commercial business. 7. Disturbed Thousand Square Feet is calculated based on the total area approved for grading on the property. 8. The Public Facilities Finance Fee is subject to adjustment by the Engineering News-Record Construction Cost Index (ENR-CCI) for the San Francisco Bay Area on July 1st each year. WATER CAPACITY CHARGES The Water Capacity Charge (WCC), adopted in November 2016, funds water supply infrastructure needed by new development. This fee replaced the “Per Acre Development Fee” and “Special Water Connection Fee” and is charged to new residential and non-residential development. A Water Capacity Charge Analysis was conducted to determine the improvements to be financed by the WCC, including buy-in to the City’s existing well field, a fair share allocation of the Sonoma County Water Agency’s planned supply improvements, and new storage tanks required by the environmental documents for the new development areas. Like the Public Facilities Fee, the fair share of costs varies based on the land use class of the new development and the location of the new development. The Water Capacity Charge is subject to ENR-CCI adjustment on July 1st each year. Table 1: Water Capacity Charges – Residential Land Use Designation Infill East of Hwy 101 Infill West of Hwy 101 Northeast Specific Plan University District Specific Plan Southeast Specific Plan Wilfred Dowdell Specific Plan Northwest Specific Plan Stadium Lands Planned Development SOMO Village Planned Development Single Family Residential (per unit) $1,584.34 $1,584.34 $3,973.94 $5,787.04 $6,569.27 $1,584.34 $1,584.34 $1,584.34 $7,288.01 Multi- Family Residential (per unit) $804.74 $804.74 $2,018.50 $2,939.44 $3,336.76 $804.74 $5,107.21 $804.74 $3,701.82 Senior Housing (per unit) $804.74 $804.74 $2,018.50 $2,939.44 $3,336.76 $804.74 $5,107.21 $804.74 $3,701.82 Assisted Living (per unit) $804.74 $804.74 $2,018.50 $2,939.44 $3,336.76 $804.74 $5,107.21 $804.74 $3,701.82 Attachment 1 City of Rohnert Park Development Impact Fees (continued) Updated for 6/1/2020 distribution Page 4 Table 2: Water Capacity Charges – Non-Residential Land Use Designation Infill East of Hwy 101 Infill West of Hwy 101 Northeast Specific Plan University District Specific Plan Southeast Specific Plan Wilfred Dowdell Specific Plan Northwest Specific Plan Stadium Lands Planned Development SOMO Village Planned Development Non Residential (per gpd) $6.82 $6.82 $17.10 $24.90 $28.27 $6.82 $40.66 $6.82 $31.36 AFFORDABLE HOUSING LINKAGE FEE The linkage fee requirement applies to nonresidential development projects involving the construction of a new building, construction of additional gross square footage to an existing building, and interior remodels that increase the employment density, and changes in use that do not require interior remodels but increase the employee density of the nonresidential development as determined by the Director of Community Development. Non-residential land uses are divided into three classifications: commercial, retail, and industrial. The Director of Community Development determines the land use classifications that best describe the nonresidential development. The fees for those classifications are determined as follows: Effective Date Commercial Fee Retail Fee Industrial Fee July 1, 2008 $0.69/square foot $1.19/square foot $0.71/square foot RENTAL AFFORDABLE HOUSING FEE For residential rental housing projects, the Rental Affordable Housing Fee of $3.23 / square foot shall be paid prior to, or at the time of, building permit issuance. The fee revenues shall be used in accordance with the Inclusionary Housing Ordinance. (Note: This fee is subject to adjustment by the ENR-CCI San Francisco on July 1 each year.) GENERAL PLAN MAINTENANCE FEE The general plan maintenance fee is used to cover the costs of providing updates to the City’s General Plan and is calculated as 0.5% of the total construction valuation of building permits for new construction and commercial and industrial additions. COPELAND CREEK DRAINAGE FEE If the development occurs in the Copeland Creek Drainage District, the fee applies. The Copeland Creek Drainage Fee is calculated at the rate of $630 per acre. UNIVERSITY DISTRICT DEVELOPMENT FEES UDSP REGIONAL TRAFFIC FEE For residential development within the University District Specific Plan, the UDSP Regional Traffic Fee in the amount $3,500 per unit is due at the time of building permit issuance of a single family residence or other dwelling unit for each market rate residential unit to mitigate the regional traffic impacts of the project. UDSP MAINTENANCE ANNUITY FEE For residential development within the University District Specific Plan, the UDSP Maintenance Annuity Fee in the amount of $13,274.24 per unit is due at the time of issuance of a certificate of occupancy for each Residential unit, including all market rate and all affordable units, including single family and multi-family for-sale and rental units. (Note: This fee is subject to CPI adjustment on May 22 each year.) Attachment 1 City of Rohnert Park Development Impact Fees (continued) Updated for 6/1/2020 distribution Page 5 SOUTHEAST SPECIFIC PLAN (SESP) DEVELOPMENT FEES SESP ONE-TIME MAINTENANCE FEE For residential development within the Southeast Specific Plan, the SESP One-Time Maintenance Fee is due at the time of building permit issuance for each residential unit, to partially offset the projected fiscal deficit to the City’s general fund created by each Unit, in an amount shown in the table below. (Note: This fee is subject to CPI adjustment on June 1st each year.) Residential Unit Type Fee Single-Family Detached, Conventional Lot $2,660.63 per unit Single-Family Detached, Small Lot Market Rate $2,367.31 per unit Single-Family Detached, Estate Lot $4,005.32 per unit Single-Family Attached (duplex/duet), Below Market Rate $1,363.10 per unit Single-Family Attached, Market Rate $1,579.35 per unit SESP ADDITIONAL SERVICE PERSONNEL FEE For residential development within the Southeast Specific Plan, the SESP Additional Service Personnel Fee in the amount of $679.05 per residential unit is due at the time of building permit issuance for that unit, to offset the cost of additional public safety personnel, such as police officers and fire-fighters to serve the Southeast Specific Plan. (Note: Fee is subject to CPI adjustment on January 13 each year.) SESP REGIONAL TRAFFIC IMPACT FEE For residential development within the Southeast Specific Plan, the SESP Regional Traffic Fee in the amount of $3,994.31 per market-rate residential unit is due at the time of sale of the single-family residence or other dwelling unit and out of the escrow account for the sale of that unit to mitigate the regional traffic impacts of the Southeast Specific Plan. (Note: Fee is subject to CPI adjustment on January 13 each year.) SESP VALLEY HOUSE DRIVE MITIGATION FEE For residential development within the Southeast Specific Plan, the SESP Valley House Drive Mitigation Fee in the amount of $1,000 per market-rate residential unit is due at the time of sale of the single-family residence or other dwelling unit and out of the escrow account for the sale of that unit to mitigate a portion of the impacts from construction traffic on collector roads. WILFRED DOWDELL SPECIFIC PLAN (WDSP) DEVELOPMENT FEES WILFRED DOWDELL SPECIFIC PLAN REIMBURSEMENT FEE This fee applies to lots within the Wilfred Dowdell Specific Plan Area for which Wilfred Dowdell Specific Plan Reimbursement Fee has not been paid. Contact the Building Division to determine if a parcel in question qualifies for this fee. The fee is due at parcel map application or building permit issuance, whichever occurs first. The fee is determined at the rate of $18,886.66 per acre. (Note: This fee is subject to adjustment as needed for the City to recover costs to administer the Wilfred Dowdell Specific Plan.) WDSP PUBLIC SAFETY EQUIPMENT MITIGATION FEE This fee applies to lots within the Wilfred Dowdell Specific Plan Area for which Wilfred Dowdell Specific Plan Public Safety Equipment Mitigation Fee has not been paid. Contact the Building Division to determine if a parcel in question is subject to this fee. The fee is determined at the rate of $1,943.52 per acre and is due at building permit issuance (Note: This fee is subject to ENR-CCI adjustment on July 1 each year.) Attachment 1 City of Rohnert Park Development Impact Fees (continued) Updated for 6/1/2020 distribution Page 6 SOMO VILLAGE (SMV) DEVELOPMENT FEES SMV REGIONAL TRAFFIC IMPACT FEE For development within the SMV/SOMO, the SMV Regional Traffic Fee in the amount of $3,564.83 per unit is due at the time of building permit issuance for each market-rate residential unit to mitigate the regional traffic impacts of SMV/SOMO. (Note: This fee is subject to CPI adjustment on October 14 each year.) SMV ECONOMIC IMPACT FEE For residential development within SMV/SOMO, the SMV Economic Impact Fee in the amount of $5,185.20 per residential unit is due at the time of building permit issuance for the purpose of mitigating economic impacts related to loss of industrially-zoned land. (Note: This fee is subject to CPI adjustment on October 14 each year.) SMV ADDITIONAL SERVICE PERSONNEL FEE For residential development within SMV/SOMO, the SMV Additional Service Personnel Fee in the amount of $684.45 per residential unit is due at the time of building permit issuance for that unit for the purpose of mitigating City's costs for additional service personnel to serve SMV/SOMO. (Note: This fee is subject to CPI adjustment on October 14 each year.) SMV CLIMATE ACTION FEE For residential development within SMV/SOMO, the SMV Climate Action Fee in the amount of $351.63 per residential unit is due at the time of building permit issuance for that unit, for the purpose of mitigating SMV/ SOMO’s impacts on City's greenhouse gas production. (Note: This fee is subject to CPI adjustment on October 14 each year.) SMV PAVEMENT MAINTENANCE / STREET REPAVING FEE For residential development within SMV/SOMO, the SMV Pavement Maintenance / Street Repaving Fee in the amount of $370.74 per residential unit is due at the time of building permit issuance for that unit, for the purpose of mitigating street maintenance and street pavement impacts of SMV/SOMO. (Note: This fee is subject to CPI adjustment on October 14 each year.) SMV PUBLIC SERVICES IMPACT FEE For residential development within SMV/SOMO, the SMV Public Services Impact Fee in the amount of $1,692.97 per residential unit is due at the time of building permit issuance for that unit, for the purpose of mitigating the additional service costs of the City to serve SMV/SOMO. (Note: This fee is subject to CPI adjustment on October 14 each year.) Attachment 1 Item 5.D. 1 Meeting Date: November 24, 2020 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Vanessa Marin, Senior Engineering Technician Agenda Title: Adopt a Resolution Authorizing the City Manager to Execute Master Service Agreements with Associated Right of Way Services, BC Engineering, Inc., Brelje & Race Consulting Civil Engineers, Cinquini & Passarino, Inc., Coastland Civil Engineering, Inc., CSG Consultants, Inc., Green Valley Consulting Engineers, Kimley-Horn and Associates, Inc., LCA Architects, Moe Engineering, Inc., Overland Pacific and Cutler, Inc., and Whitlock & Weinberger Transportation. RECOMMENDED ACTION: Adopt a Resolution Authorizing the City Manager to Execute Master Service Agreements with Associated Right of Way Services, BC Engineering, Inc., Brelje & Race Consulting Civil Engineers, Cinquini & Passarino, Inc., Coastland Civil Engineering, Inc., CSG Consultants, Inc., Green Valley Consulting Engineers, Kimley-Horn and Associates, Inc., LCA Architects, Moe Engineering, Inc., Overland Pacific and Cutler, Inc., and Whitlock & Weinberger Transportation (W-Trans). BACKGROUND: Staff often require assistance from mu nicipal engineering firms, design service firms, and specialty consulting firms. Staff hires these consultants for three main reasons: • To supplement staffing, • To assist with design and engineering services, and • To provide knowledge in areas where the staff require additional expertise Due to the current and projected staff workload, there is a need to call on outside consultants to assist in the various pr ivate and public projects for design, construction management, consulting, and other services as needed. To keep City projects on track and development moving forward, it is important to have access to consulting resources when the resources can be used in a cost effective manner. Also, having a consultant available for on-call services can support staff when there are several projects to manage and additional project oversight is required. Staff, at times, needs assistance from specialists with a detailed level of expertise when designing municipal projects and completing all of the technical studies required for the City of Rohnert Park. When this occurs, staff needs to hire a consultant with expertise in this field. The City of Rohnert Park has authorized the use of consultant agreements since 2004 for staff augmentation and support services. In order to streamline the process of accessing consultant resources, staff has used “Master Services Agreements” that outline the major terms of the business relationship between the consultant and the City, including insurance and Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Item 5.D. 2 indemnification requirements. Work on specific projects is then authorized by a one-page “Task Order” which authorizes project-specific scopes and budgets. The current Master Service Agreements expire at the end of 2020 and staff is working to replace these, with updated agreements, in order to allow us to efficiently bring consultants on-board. ANALYSIS: In order to replace the Master Agreements with updated ones, staff worked with the City Attorney’s office to review and update the contract terms and then circulated the Agreements with a Request for Qualifications (RFQ) soliciting consultants that are interested and qualified to enter into a Master Agreement with the City. The RFQ process complies with the City’s Purchasing Policy which allows for professional service providers to be selected through a qualifications based process. Staff received thirty proposals, of which twenty-nine were from qualified professional services firms with skill that the City may be able to utilize. Because of the volume of qualification statements received, staff is recommending approval in two groups. The first recommended group includes consultants already working under Master Agreements, and is the subject of this proposed action. Staff recommends Council provide approval of agreements with consultants already used by the City prior to their current Master Agreements expiring at the end of the year, and anticipates seeking Council approval of agreements with new consultants at the beginning of next year due to the volume of proposals received. The Master Agreements recommended for approval in this package are as follows. 1. Associated Right of Way Services, a right-of-way acquisition company that assists with appraisal, negotiation and acquisition of property for public projects. Associated Right of Way Services has assisted the City with acquisitions associated with City capital improvement projects. 2. BC Engineering, Inc., a multi-disciplinary firm that has needed expertise in water efficient landscaping review services, plan review services, and municipal design services. BC Engineering assists the City with both capital improvement projects and development review. 3. Brelje & Race Consulting Civil Engineers, a multi-discipline firm with a strong knowledge of the City’s water system and history of providing service to the City with design and construction management services. Brelje & Race assists primarily with capital improvement projects but also supports development review because of their knowledge of the City’s water model. 4. Cinquini & Passarino, Inc., a surveying firm that has supported project-specific work for the City – providing Cinquini & Passarino with a Master Agreement will provide the City with more consistent access to surveying services to support capital improvement projects and provide quality control for development projects. 5. Coastland Civil Engineering, Inc., a multi-discipline firm with a strong background design, construction management, and inspection services. Coastland Civil Engineering primarily supports the City’s capital improvement program. 6. CSG Consultants, Inc., a firm that specializes in plan review, project management, and staff augmentation (planning, engineering, building and code enforcement staff). CSG is the City’s primary engineering review consultant for new development. Item 5.D. 3 7. Green Valley Consulting Engineers, a primarily construction management firm which is supporting the City’s inspection of various private projects and capital improvement projects. 8. Kimley-Horn and Associates, Inc., specializes in transportation and traffic engineering services, and is also technical support for the City’s advanced traffic management system software. 9. LCA Architects, an architectural firm specializing in municipal building construction and primarily supports the City’s capital improvement program. 10. Moe Engineering, Inc., a general municipal engineering firm that provides the staff augmentation support particularly as needed to manage new development as well as public project design and inspection service. The firm has supported both the City’s capital improvement program and development review. 11. Overland Pacific Cutler, Inc., a right -of-way acquisition company that provides appraisal, negotiation and acquisition of property for public projects. Overland Pacific Cutler has assisted the City with acquisitions associated with City capital improvement projects. 12. W-Trans, is a transportation planning and traffic engineering firm which serves as the City’s “contract traffic engineer”. W-Trans supports the City’s capital improvement program, provides operational consulting and development review and is assisting the City with the update of the General Plan by providing detailed review of the Circulation Element and the EIR. In alignment with the purchasing policy, staff will use a request for qualification process to award task orders, unless a particular consultant provides a unique expertise or experience that supports a “sole source” procurement for that particular task order. The request for qualification process allows staff to compare scope, price, expertise, level of effort and other relevant factors between consultants in order to secure the best value for the City. STRATEGIC PLAN ALIGNMENT: By establishing Master Agreements with consultants, staff uses consistently, the City is ensuring the effective delivery of public services and aligning with Go al C of the Strategic Plan. The Master Services Agreements also ensure that staff is able to better assist respond the peaks associated with major planned developments, which aligns with Goal D of the Strategic Plan. OPTIONS CONSIDERED: Staff considered three options. 1. The option recommended by staff is to award the Master Agreements for each consultant listed. This will allow staff to efficiently bring on consultants when needed to meet the City’s goals. The Master Agreements still provide for competition among consultants, due to the overlap in the consultant services provided and the use of the request for proposal process for project-specific assignments. 2. An alternative is to award Master Agreements to only a subset of the consultants listed. This optio n is not recommended because the City is best served when it has access to a wide variety of qualified firms who can be responsive to the City’s needs. Because the recommended consultants are all qualified, having them all available ensures that staff can use the request for proposal process to secure the best value for the City on any given assignment. Item 5.D. 4 3. Another alternative, which is not recommended by staff, is to not award these updated Master Agreements. This option is not recommended because the City does not have sufficient staff to execute the City’s capital improvement program and perform development review. Without access to consulting resources, the City would be unable to complete its planned work and would not be able to provide adequate review and oversight of development activity. FISCAL IMPACT/FUNDING SOURCE: Each Master Agreement allows for $15,000 in services, which can be augmented through additional task orders (for the 14 recommended agreements this totals $210,000). However, the execution of the Master Agreements will not have an immediate impact on the budget. Fiscal impacts occur when task orders are issued and these fiscal impacts are offset by either Capital Improvement Project budgets and/or developer deposits. In accordance with the purchasing policy, small task orders under $15,000 can be approved by a department head and task orders under $100,000 can be approved by the City Manager, provided that there is adequate capital project budget and/or developer deposits to cover the value of the task order. Whenever the total scope of work under a contract will exceed $100,000, the authority to exceed the $100,000 limit in the purchasing policy requires approval by the City Council. The City Council approves the Capital Improvement Program budget and Development Services’ operating budget, including budgets for developer deposits, on an annual basis. Department Head Approval Date: 11/09/2020 Finance Director Approval Date: 11/06/2020 City Attorney Approval Date: 11/10/2020 City Manager Approval Date: 11/16/2020 Attachments: 1. Resolution 2. Master Agreement Template 3. Associated Right of Way Services Scope & Rates 4. BC Engineering, Inc. Scope & Rates 5. Brelje & Race Consulting Civil Engineers Scope & Rates 6. Cinquini & Passarino, Inc. Scope & Rates 7. Coastland Civil Engineering, Inc. Scope & Rates 8. CSG Consultants, Inc. Scope & Rates 9. Green Valley Consulting Engineers Scope & Rates 10. Kimley-Horn and Associates, Inc. Scope & Rates 11. LCA Architects Scope & Rates 12. Moe Engineering Scope & Rates 13. Overland Pacific & Cutler Scope & Rates 14. W-Trans Scope & Rates RESOLUTION NO. 2020-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE MASTER SERVICE AGREEMENTS WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., BC ENGINEERING GROUP, BRELJE & RACE CONSULTING CIVIL ENGINEERS, CINQUINI & PASSARINO, INC., COASTLAND CIVIL ENGINEERING, INC., CSG CONSULTANTS INC., GREEN VALLEY CONSULTING ENGINEERS, KIMLEY- HORN AND ASSOCIATES, INC., LCA ARCHITECTS, MOE ENGINEERING, INC., OVERLAND PACIFIC & CUTLER, INC., AND WHITLOCK & WEINBERGER TRANSPORTATION WHEREAS, staff hires consultants to supplement staffing, to provide replacement staffing, and to provide knowledge in areas where the staff require additional expertise; and WHEREAS; the City desires assistance from municipal engineering firms, design service firms, and specialty consulting firms; and WHEREAS, t here is a need to call on outside consultants to assist in various private and public projects for design, construction management, consulting, and other services as needed; and WHEREAS, in accordance with the City’s Purchasing Policy, staff has issued a request for qualifications, reviewed qualification submittals and recommends contracting with Associated Right of Way Services, BC Engineering Group, Brelje & Race Consulting Civil Engineers , Cinquini & Passarino , Inc., Coastland Civil Engineering , Inc., CSG Consultants, Inc., Green Valley Consulting Engineers, Kimley-Horn and Associates, Inc., LCA Architects, Moe Engineering, Inc., Overland Pacific & Cutler , Inc., and Whitloc k & Weinberger Transportation to provide ongoing consulting services to the City; and WHEREAS, specific assignments under these Master Agreements will be awarded consistent with the City’s purchasing policy. NOW, THEREFORE, BE IT RESOLVED by the City Cou ncil of the City of Rohnert Park that the Master Services Agreement included as Exhibit A is approved, subject to minor revisions by the City Manager or City Attorney; and BE IT FURTHER RESOLVED that City Manager is authorized to execute updated master agreement s as follows: • With Associated Right of Way Services, a California Corporation, and the City of Rohnert Park, for various private and public projects for right of way acquisition, and other services as needed with the scope and rates as shown in Exhib it B for Associated Right of Way Services; ween With BC Engineering Group, a California Corporation, for various private and public projects for design, construction management, consulting, and other services as needed with the scope and rates as shown in Exhibit C for BC Engineering Group; Resolution 2020-101 2 • With Brelje & Race Consulting Civil Engineers, a California Corporation, for various private and public projects for design, construction management, consulting, and other services as needed with the scope and rates as shown in Exhibit D for Brelje & Race; and • With Cinquini & Passarino, Inc., a California Corporation, for various private and public projects for surveying, topography work, consulting, and other services as needed with the scope and rates as shown in Exhibit E for Cinquini and Passarino ; and • With Coastland Civil Engineering, Inc., a California Corporation, , for various private and public projects for design, construction management, consulting, and other services as needed with the scope and rates as shown in Exhibit F for Coastland Civil Engineering; and • with CSG Consultants, Inc., a California Corporation, for various private project and improvement plan design review, project management and implementation, consulting, and other services as needed with t he scope and rates as shown in Exhibit G for CSG Consultants Inc; and • With Green Valley Consulting Engineers, a California Corporation, for design, construction management, consulting, and other services as needed with the scope and rates as shown in Exhib it H for Green Valley Consulting Engineers; and • With Kimley-Horn and Associates, Inc., a North Carolina Corporation, for various transportation and traffic engineering support including support of the City’s automated traffic management system, and other services as needed with the scope and rates as shown in Exhibit I for Kimley-Horn and Associates; and • With LCA Architects, a California Corporation, for various private and public projects for design, consulting, and other services as needed with the scope and rates as shown in Exhibit J for LCA Architects; and • With Moe Engineering, Inc., a California Corporation, for various private and public projects for design, construction management, consulting, and other services as needed with the scope and rates as shown in Exhibit K for Moe Engineering; and • With Overland, Pacific, & Cutler, Inc., a California Corporation, , for various private and public projects for right of way acquisition, and other services as needed with the scope and rates as shown in Exhib it L for Overland, Pacific & Cutler ; and • With Whitlock & Weinberger Transportation, a California Corporation, for transportation and traffic engineering and operational consulting for various private and public projects, and other services as needed with the scope and rates as shown in Exhibit M for W-Trans. Resolution 2020-101 3 DULY AND REGULARLY ADOPTED this 24th day of November, 2020. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A through Exhibit M ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Page 1 of 19 OAK #4844-6469-8375 v105 {NOTE: REMOVE all NOTES in red and all highlights before finalizing document.} MASTER AGREEMENT FOR CONSULTANT SERVICES {NOTE: Not for use for construction contracts.} This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as of the <<day>> day of <<month>>, 20<<last two digits of year>> , by and between the City of Rohnert Park ("City"), a California municipal corporation, and << Name of Consultant>> ("Consultant"), a <<type of entity – corporation, limited partnership (LP), limited liability company (LLC), sole proprietorship with or without a fictitious business name (dba or doing business as), etc.; also include the state of formation for any entity – i.e. "a California corporation">>, with reference to the following facts, understandings and intentions. {NOTE: (i) check on Secretary of State website at http://www.ss.ca.gov/list.html for entity registration for corporations, LLCs and LPs and include print out with approval packet; and (ii) note that a dba cannot include "Inc.", "corporation" or "LLC" because a dba does not create a new legal entity, but only registers a business name for a sole proprietor or existing legal entity. Also, legal entity status must be checked because it determines who is authorized to sign the contract: For a partnership, must be signed by a general partner. For an LLC, should be signed by a member, unless the articles of organization provide that it is a manager-member LLC, in which case it must be signed by the manager. For corporations, there should be TWO signatures, one from the operational group of the corporation and one from the financial group. Per Corporations Code 313, a signature of a single corporate officer is not always enough to bind a company. The relevant titles are: Operational group: Chairman of the board, president or vice president Financial group: Secretary, assistant secretary, chief financial officer or assistant treasurer.} Recitals WHEREAS, City desires to obtain << type of services - general municipal engineering services, general city planning services, development review services, construction management/inspection services, etc.>>; and WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and Attachment A Page 2 of 19 OAK #4844-6469-8375 v105 WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The <<insert title of city staff>> is hereby designated as the project manager (“Project Manager”). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign <<insert name of person Consultant is assigning to project>> to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”) executed by Consultant and City. B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all Page 3 of 19 OAK #4844-6469-8375 v105 errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order. City’s obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Payment. <<Select one of the following options and delete the other>> (1) <<OPTION 1>> Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. <<OPTION 2>> Progress payments will be tied to completion of tasks so that all payments are proportional to the work completed. A copy of the progress payment schedule is attached to the rate and schedules set forth in Exhibit B. (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. Page 4 of 19 OAK #4844-6469-8375 v105 All invoices associated with this Master Agreement and associated Task Orders shall be submitted electronically to accountspayable@rpcity.org with a carbon copy to the project manager. All invoices for the previous fiscal year (July through June), shall be submitted by the first week in July of the following year and dated no later than end of June. C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until <<insert ending date of Master Agreement (month, day & year)>>, unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. Page 5 of 19 OAK #4844-6469-8375 v105 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest Requirements. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor withou t the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. <<Select one of the following options and delete the other>> {NOTE: Review updated conflict of interest code. Consultants may be considered “public officials” required to file a Form 700 when they have authority to render decisions on behalf of the City, or if they will render advice to any person at the City who has authority to make a City decision and there is no meaningful intervening review by a City employee before they render advice to that decision- maker. If the City Manager, City Attorney or department head determines the Consultant is a designated position under the City's Conflict of Interest Code, use OPTION 2 and notify the City Clerk of the agreement's commencement date.} Page 6 of 19 OAK #4844-6469-8375 v105 B. <<OPTION 1>> Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (1) will not have the power to make any governmental decision, including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of the City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or revoke any permit, license, application, certificate, order, or any similar authorization or entitlement; authorize, modify, or renew any form of City contract; grant approval to any City contract specifications on behalf of the City; or grant City approval for any plans, designs, reports, or similar; and (2) will not participate in the making of any governmental decision in the equivalent of a staff capacity — for the purposes of this provision, “participating in a governmental decision” including providing information, an opinion, or a recommendation directly to any person at the City empowered to make a decision on behalf of the City without significant intervening substantive review; and (3) will not perform the same duties for the City that would otherwise be performed by a staff member required to report under the City’s conflict of interest code. (2 Cal. Code Regs. § 18700.3.) B. <<OPTION 2>> City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code § 82048) and FPPC implementing regulations (2 Cal. Code Regs. §§ 18700.3 and 18734). Within thirty days of this Agreement's commencement date, Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a Statement of Economic Interest (Form 700) and Agency Report of Consultants (Form 805) with the City Clerk of the City of Rohnert Park disclosing Consultant's financial interests. 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. To the maximum extent permitted by law, the City shall have no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability Page 7 of 19 OAK #4844-6469-8375 v105 (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant’s acceptance of the tender. Page 8 of 19 OAK #4844-6469-8375 v105 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportatio n and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Unless exempt by law, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. Page 9 of 19 OAK #4844-6469-8375 v105 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent , which shall be in the City’s sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant’s indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s risk manager. 17. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such Page 10 of 19 OAK #4844-6469-8375 v105 termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Co nsultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. Page 11 of 19 OAK #4844-6469-8375 v105 If to City: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 Phone: Fax: Email: If to Consultant: ______________________________ ______________________________ ______________________________ ______________________________ 24. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual Page 12 of 19 OAK #4844-6469-8375 v105 orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selecti on for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant shall comply with claims presentation requirements under the Government Tort Claims Act, California Government Code Sections 900 et seq. and the Rohnert Park Municipal Code. 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. Page 13 of 19 OAK #4844-6469-8375 v105 34. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSULTANT By: __________________________________ City Manager By: Title: Date: Date: Per Resolution No. 20__-__adopted by the Rohnert Park City Council at its meeting of <<Date of meeting>>. CONSULTANT By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk Exhibit A OAK #4844-6469-8375 v105 EXHIBIT A Scope of Work and Schedule of Performance Exhibit B OAK #4844-6469-8375 v105 EXHIBIT B Compensation [to be inserted] Exhibit C OAK #4844-6469-8375 v105 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment Exhibit C OAK #4844-6469-8375 v105 furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used). Primary Coverage For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Exhibit C OAK #4844-6469-8375 v105 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. OAK #4844-6469-8375 v105 CERTIFICATE OF CONSULTANT {NOTE: Consultant must fill this out and sign.} I HEREBY CERTIFY that I am the __________________________________, and a duly authorized representative of the firm of _____________________________________, whose address is ______________________________________________________, and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. _________________ ___________________________________ Date Signature CITY OF ROHNERT PARK | CONSULTING SERVICES | 20 S COPE OF S ERVICES S COPE OF S ERVICES We are familiar with City of Rohnert Park projects and the services needed if right of way acquisition is required. Our team will communicate clearly with all Project team members and remain agile to ensure timely parcel delivery. Implementation of a successful project is a collaboration. Our intent is to bring organization and structure to the City’s projects and provide services in a professional and efficient manner that involves City personnel but does not burden them. AR/WS will provide proactive consulting and identify right of way problems related to each project in its early stages. Our approach to the successful implementation of City projects is detailed as follows: P ROJECT M ANAGEMENT – G ENERAL C ONSULTATION The AR/WS Project Manager, Gary Dowd, will be the primary contact and will manage and coordinate all real estate functions, attend meetings, and work with the City to resolve problems and recommend solutions. The Project Manager will coordinate with City staff, AR/WS staff, legal counsel, sub-consultants and others related to real estate issues, including project real estate requirements, scheduling and budgets. The Project Manager will meet with AR/WS staff regularly to review and discuss all projects and deliverable dates, ensure that milestones are being achieved, discuss progress and issues, and keep the City informed through status reports. This summary report will address and update all critical milestones, status, scheduling and areas of concern on a parcel-specific basis. Project Management services include:  Attend meetings  Project delivery strategies  Prepare staff assignments  Prepare progress reports  Budget monitoring  Scheduling  Invoice review and approval  Records management A PPRAISAL Appraisals will be completed in accordance with California Eminent Domain Law; California Government Code Section 7260 et seq.; Uniform Standards of Professional Appraisal Practice (USPAP) requirements; and if required, 49 CFR Part 24 and the Caltrans Right of Way Manual. AR/WS appraisers prepare their reports in an Appraisal Report format in accordance with USPAP Standard Rule 2-2. The definition of “Fair Market Value” is used in accordance with the California Code of Civil Procedure, Section 1263.320. Notices of Decision to Appraise will be prepared for City review. Upon approval, final notices will be prepared by AR/WS, signed by the City, and sent with all the required maps and enclosures by AR/WS. The appraiser will conduct thorough market research and prepare appraisals in conformance with recognized standards for public acquisition. When the draft appraisal is completed, it will be provided to the review appraiser. Upon receipt of a Review Appraiser Certificate, the appraiser will finalize the appraisal report and provide the City with two printed copies and a PDF copy. Appraisal services include:  Notice of Decision to Appraise  Compliance with applicable regulations  Conformance with USPAP  Applicable approaches to value  Conformance with Caltrans R/W Manual  Highest and best use analysis  Before and after property analysis  Partial acquisition/easement analysis  Coordination with Review Appraiser  Expert witness testimony CITY OF ROHNERT PARK | CONSULTING SERVICES | 21 S COPE OF S ERVICES A PPRAISAL R EVIEW AR/WS can provide appraisal review services for appraisal reports completed by others. For projects requiring review services where AR/WS prepares the appraisal reports, AR/WS will contract with a qualified review appraiser subconsultant. Upon receiving appraisal reports, an office review of the reports using the various standards prescribed by the Federal and State Uniform Acts, Federal Highway Administration, Caltrans appraisal procedures, Uniform Standards of Professional Appraisal Practice (USPAP) and the California Eminent Domain codes will be completed. The review appraiser will provide comments to the appraiser to clarify potential issues and resolve problems. Upon satisfactory completion of the appraisal reports, a review certificate report will be prepared. Appraisal review services include:  Commence review upon receipt of the report  Summary of the appraisal process  Compliance with applicable laws and regulations  Comments regarding errors or omissions  Verification of prescribed report requirements  Preparation of review certificate N EGOTIATIONS / A CQUISITIONS Upon completion of the appraisal reports and preparation of a review certificate, AR/WS consultants will prepare acquisition documents, which will receive written approval from the City prior to use in the field. AR/WS will present the formal First Written Offer and arrange meetings to facilitate settlements. We will provide acquisition services with a focus on responsiveness, flexibility and one-on-one communication skills. AR/WS will make every reasonable effort to acquire property on behalf of the City expeditiously through written agreement and in compliance with the California Government Code, and if applicable the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the Caltrans Right of Way Manual. AR/WS will coordinate with City staff, who will provide ongoing feedback to AR/WS as to authorization for settlements. Acquiring property rights through negotiated settlement may necessitate greater levels of effort in the negotiations phase and, where appropriate, should continue after eminent domain has been initiated. AR/WS will provide notary services, and can assist the City with establishing a process of coordinating escrow closings and reviewing escrow instructions, if requested. Once acquisition is complete, AR/WS will provide the City with a copy of the acquisition file for each acquired parcel. AR/WS can also assist with the preparation of a Caltrans Right of Way Certification for City review and approval, if required. Acquisition services include: R ELOCATION A DVISORY A SSISTANCE AR/WS relocation advisors have significant experience providing relocation assistance to both residential and business occupants. We focus on clearly communicating the relocation program to project occupants and responding to occupant questions and concerns. This also allows us to identify special concerns that might need to be addressed through the program and/or offer assistance to help mitigate matters that pose a threat to the project schedule or budget.  Document preparation and processing  Person-to-Person negotiations  Agreements for Possession and Use Negotiations  Identification of lessor/lessee interests  Compliance with applicable laws and regulations  Memorandum of Settlement preparation  Title and escrow assistance, if requested  Condemnation support services CITY OF ROHNERT PARK | CONSULTING SERVICES | 22 S COPE OF S ERVICES AR/WS will help to implement the City’s relocation program in a timely, professional manner. We will look for opportunities to enhance efficiency and cost-effectiveness through creative problem solving and planning. Our goal is to meet schedule requirements while maintaining quality services and controlling costs. Relocation advisors will act as a liaison between the City and the affected occupants. This relationship provides that relocation advisors will work closely with the City’s staff to implement a fair and equitable relocation program, and simultaneously provide affected occupants with continuing information as to their rights as displaced persons and assistance to replacement sites. AR/WS relocation staff will provide site searching services, which are essential for the successful relocation of residential households and businesses. Our goal is to provide continuing site availability information to each affected occupant. The advisor will meet with each displacee to determine replacement site needs. For residential occupants, AR/WS will prepare Housing Valuation Studies to establish the replacement housing payments that are available for each household. AR/WS will research the area housing market and develop a Housing Valuation Study to determine the cost of comparable replacement housing for each type of housing need. The relocation advisor will inspect replacement dwellings to determine whether the properties meet decent, safe and sanitary standards. The relocation advisor will prepare all claim forms and will secure all necessary documentation and signatures for the claims. The advisor will then forward complete claims and documentation to the City for processing. The advisor will deliver payments to the households and will secure a signature to confirm payment. The AR/WS relocation advisors will work closely with each household to identify any special needs related to health, mobility and language and will provide additional advisory assistance as needed to minimize hardships. The relocation advisor will establish and maintain a detailed relocation file for each occupant. Each file will include a relocation diary to track contacts with occupants. Relocation services include:  Replacement site searching  Determinations of eligibility  Appeals advisory assistance  Housing Valuation Studies  Coordinate with acquisition agents  Preparation of all claim forms  Preparation of notices/letters  Liaison between City and occupants  Maintain detailed relocation file for each occupant  Payment delivery and confirmation to households CITY OF ROHNERT PARK | CONSULTANT SERVICES F EE S CHEDULE CITY OF ROHNERT PARK | CONSULTING SERVICES | 23 F EE S CHEDULE F EE S CHEDULE CONSULTING CATEGORY HOURLY RATE Principal Consultant $230.00 Managing Consultant $200.00 Consultant III $155.00 Consultant II $135.00 Consultant I $120.00 Right of Way Technician $85.00 Administrative Support $70.00 Appraisal Reports Lump Sum Appraiser III (MAI) (Hourly) $225.00 Appraiser II (Hourly) $205.00 Appraiser I (Hourly) $180.00 Subcontractors Cost + 10% Depositions, Court Appearances, Arbitrations / Mediations, Hearings, and Testimony (including preparation) $300.00 City of Rohenert Park Master Services Agreement EXHIBIT “A” Page 1 of 1 SCOPE OF SERVICES Firma Design Group includes both landscape architects and civil engineers. We understand that these professions are interrelated on every project, and this holistic philosophy informs everything we do — from the initial client meeting to the last day of construction. Our team members connect and integrate the two disciplines and coordinate all other resources necessary. A principal is intimately involved in each project — this one-on-one relationship enables us to fully understand each client’s unique goals, and is integral to our successful design process. We place the highest value on excellent communication with our clients so that the final results exceed your expectations. Engineering Planning and Design Services  Civil Engineering  Road Design  Landscape Architecture  Environmental Documents  Public Infrastructure Management  Grading  Drainage  Stormwater management  Construction Plans  Compliance Review Planning  Pre-design work  Master Planning  Topographic site mapping  Zoning  Entitlements Landscape Architecture  Drainage  Irrigation  Microclimates  Hardscape  Irrigation plans  Erosion Control  Site plans  Preliminary drainage plans 2 Statement of Qualifications Engineering Consulting Services Planning and Asset Management • Master Planning • Feasibility Analyses • Hydraulic Modeling • Peer Review and Value Engineering C.I.P. Construction Documents • Potable Water Supply, Distribution, and Storage • Potable Water Treatment • Wastewater Conveyance • Wastewater Treatment • Storm Water Drainage Collection, Treatment and Management • Recycled Water Facilities • Roads, Sidewalks and Pathways • Creek Restoration Land Surveying • Boundary/Rights-of-Way/Easements • Record Surveys/ALTA Mapping • Topography for Planning and Design • Construction Staking • Geographic Information Systems and Mapping Environmental Planning and Permitting • Exemptions and Categorical Exclusions • Initial Studies/Mitigated Negative Declarations • Environmental Assessments/ Impact Reports/Statements • Mitigation Monitoring and Reporting • USACE/RWQCB/NDPES/Reports of Waste Discharge/Other Construction Management & Observation • Assistance During Contract Bidding and Award Over the years, Brelje & Race has consistently demonstrated the ability to provide superior quality services. Specifically, our staff has the expertise to take on and successfully complete projects as requested in the City’s RFQ in the following arenas: Exhibit A: Scope of Engineering Services We also commonly engage sub-consultants to handle geotechnical engineering and materials testing, electrical engineering, wetland and biological review, cultural resources review, property and right-of-way-acquisition, structural engineering and traffic engineering services when they are components of projects that we lead. General Approach On every project, no matter what category of service is being provided, we set out to achieve each of the following general objectives: • Accurate determination of project scope during the early stages of the project. • Selection of project team members that are experienced with the work anticipated and that compliment other members of the team. • Conduct sufficient research to identify existing conditions that have a potential to interfere with the intentions of the project. • Development of a reasonable project schedule and budget. • Maintain regular communications with City staff and any subconsultants involved. • Produce a complete, clear and concise final product. The following section outlines the specific steps we take to ensure that the above objectives translate to a successful project. Planning and Asset Management Planning and Asset Management services include a variety of tasks for assisting the City in identifying and developing appropriate capital improvements to City infrastructure, identify the expected costs and/or to fund those improvements, and to help to ensure they are receiving the appropriate level of services and equipment for their planned expenditures. These services may include master planning reports such as for water and wastewater systems, feasibility studies and engineering economic analyses, computerized hydraulic modeling of the City’s water or recycled water distribution systems, sewer and storm drain modeling, and peer review and value engineering of projects designed by others. Each of these project types involves a wide range of potential approaches specific to the task at hand. Brelje & Race has 3 Statement of Qualifications Engineering Consulting Services performed many of these services previously for the City, and would encourage the City to consider our firm whenever a need for these services arises. C.I.P. Construction Documents Brelje & Race employs engineering expertise, patience, sound planning, excellent communications and big-picture awareness for our approach to capital improvement project design. We use these guiding principles along with the basic steps below to deliver high-quality construction documents that often exceed the client’s expectations. Research and Preliminary Design 1. Review any available background and historical information on the project, including geotechnical assessments, conditional use permit and design review approval, environmental documentation and other data provided by City Staff. Check project description for consistency with approved environmental documents. 2. Prepare for and attend a project kick-off meeting with the City and design team members. Provide schedule of tasks that identifies key milestones. 3. Review project site to observe conditions and discuss potential difficulties including sensitivity of surrounding property owners to the project. 4. When necessary, coordinate design level geotechnical and hazardous material evaluations of the site and proposed improvements and coordinate preparation of reports detailing the findings. 5. Conduct field surveys and develop a site topographic plan for use as a project base plan. 6. Check existing record information relative to parcel boundaries, easements and rights-of-way that may be affected by the project. 7. Review requirements associated with any public agency review and approval processes (Regional Water Quality Control Board, Department of Water Resources, Division of Drinking Water, etc.). 8. Prepare preliminary improvement plans developed to a 30% level and submit plans along with a design memorandum and preliminary estimate of probable construction cost for review and comment by City staff. Design memorandum generally includes elements such as special design considerations, any right-of-way, easement, or boundary issues, permit requirements, constraints and other considerations stemming from environmental review. 9. Investigate potential conflicts with existing utilities and identify locations where potholing may be recommended. 10. Prepare for and attend a design review meeting to discuss preliminary project findings and recommendations. Construction Documents Preparation 1. Incorporate City staff document review comments and design review meeting discussions into project design. 2. Address utility conflicts discovered during the preliminary design phase. 3. Prepare an index of drawings expected to be required for the final construction documents package. 4. Perform all design calculations and engineering analysis necessary and prepare improvement plans for the project. Submit plans for review and comment to the City at the 30%, 60%, 90% and 100% completion levels. 5. Prepare draft technical specifications and submit with the 60% completion level plans. Update and submit technical specifications and include contract documents with the 90% and 100% completion level plans. 6. Incorporate recommendations made in the geotechnical report. 7. Update the estimate of probable construction cost at the 60%, 90% and 100% completion level and submit with improvement plans. 8. Prepare an estimate of working days necessary to construct the project at the 60% and 90% completion levels. 9. Prepare for and attend design review meetings associated with the 60% and 90% completion levels. 10. Prepare submittal documents packages and assist City with obtaining any permits and approvals required from other agencies. 4 Statement of Qualifications Engineering Consulting Services 11. Finalize improvement plans, technical specifications and contract documents. Provide stamped and signed final mylar improvement plans, a stamped and signed hard copy of the final technical specifications, contract documents and electronic versions of the final plans and contract documents. Land Surveying Since 1954, Brelje & Race has offered complete land surveying services. Working closely with our clients on every project, we deliver the utmost in accuracy and reliability necessary for success. We’re committed to providing the professional care and service that only fully-licensed engineers and surveyors can provide. We keep up with the latest technologies and utilize tools like robotic total stations, GPS, digital levels, computer-aided-drafting, surface modeling and GIS integration. Our team of department managers, survey technicians, field crews, and AutoCAD professionals work together seamlessly, excelling in the following services: • Site Planning Surveys • Topographic Mapping • Aerial Mapping • Control Surveys • Hydrographic Surveys • Boundary Surveys • Subdivision Mapping (Final Maps and Parcel Maps) • Record Surveys • ALTA Map Preparation • Easement and Right-of-Ways Analysis • Easement and Right-of-Ways Document Preparation • Court Exhibit Preparation • Construction Surveying Environmental Planning & Permitting Brelje & Race has maintained its own professional environmental planning staff for over 30 years and has a strong track record of building comprehensive environmental review documents, with demonstrated success in environmental permit negotiations. The environmental work performed by Brelje & Race often relates to the review and analysis of projects in development by our engineering staff. Daily collaboration between engineers and planners at Brelje & Race provides an opportunity for the sharing of ideas and perspectives and leads to project designs built on sound engineering practices with a respect for natural resources, while identifying and developing successful mitigation strategies. Environmental services will be managed and accomplished by our in-house senior environmental planner, Justin Witt. Justin has more than 20 years of experience in the administration and preparation of environmental review documents and environmental permits for public agencies. He is skilled in preparation of all CEQA documents, including Environmental Impact Reports (EIR), Initial Studies/Mitigated Negative Declarations and Notices of Exemption. Justin also has considerable experience preparing Environmental Assessments and Environmental Impact Statements for compliance with NEPA—almost all of which have been associated with infrastructure projects with a federal funding nexus. Justin is well versed in the CEQA-required public review processes, noticing requirements, and is experienced in conducting public meetings. Our staff have been responsible for preparing permit applications for and securing environmental permits for many of our public works projects. Permits have included USACE Section 404 for impacts to wetlands and waters; USFWS Biological Opinions; Section 106 and Section 7 Consultations; RWQCB Section 401 Water Quality Certifications; CDFW Lake and Streambed Alteration Agreements and Incidental Take Permits. 5 Statement of Qualifications Engineering Consulting Services Construction Management and Observation Services Brelje & Race’s work during the construction phase of any project consists of a comprehensive range of services to provide our clients with the highest level of assurance that the project is being conducted in a manner that is safe, reduces residential complaints, results in a properly performing finished product that conforms to the construction contract documents, and minimizes the client’s exposure to risk and cost overruns. This comprehensive range of services is understood to include the general categories of contract administration, construction management, field inspection, assistance during bidding and geotechnical or other special testing. The following comprehensive list of construction phase services will be provided to the City for every project. 1. Pre-Construction Meeting Conduct the pre-construction meeting with appropriate City staff, the design engineer, contractor, major subcontractors and local utility company representatives as necessary. Preparation of agenda and minutes. Includes discussion of all items pertinent to the successful performance of the contract leading to satisfactory completion of the project. 2. Project Meetings Conduct and document progress meetings and other special technical meetings on a weekly basis. Prepare and distribute agendas with key issues, schedule status and updates, potential change orders and other outstanding or pending issues. 3. Schedule Management Review contractor’s schedule for conformance with the specifications, duration and work sequence. Coordinate review comments from the City. Meet with contractor to discuss and clarify any significant issues. Monitor work progress and notify contractor of schedule slippage. Determine impact of the weather and change orders on the construction schedule. Request and review contractor’s schedule updates. 4. Maintain Project Records Maintain project records including submittals, inspection reports, compliance testing results, photos, quantities, schedules and correspondence. 5. Prepare Weekly Reports Prepare a weekly project status report for City staff including construction progress summary, construction budget and payments, and summary logs for PCOs and change orders. 6. Review Monthly Progress Payments Evaluate Contractor’s monthly progress pay requests, negotiate differences in quantities and amounts. 7. Requests for Information (RFIs) and Requests for Clarifications (RFCs) Coordinate and manage RFI/RFC review and response. Including logs, transmit to design engineer, track progress, review response, and transmit to contractor. 8. Potential Change Orders (PCOs) and Change Orders Coordinate and manage change order process, including logs, reviews by design engineer and City, assist with determination of changed conditions and scope, assist with negotiation, and incorporate approved CCOs into the construction contract. 9. Coordinate Submittal and Shop Drawing Review Process Coordinate and manage submittals review and response. Includes logs, transmit to design engineer, track progress, review response, transmit response to contractor and ensure resubmittals are received and reviewed. 6 Statement of Qualifications Engineering Consulting Services 10. Permits Compliance Monitor Contractor compliance with construction permits and CEQA mitigation measures. Coordinate with design engineer for compliance. Recommend course of action to City if required measures are not being met by the Contractor. 11. Monitor Construction Record Drawings Monitor Contractor’s construction redline drawings on a regular basis. Provide to design engineer upon project completion for creation of Record Drawings. 12. Claims Management Analyze potential claims for compensation during construction and make recommendations for their resolution. Perform claims administration, including coordination and monitoring claims responses, logging claims, and tracking claims status. 13. Field Observations Provide construction monitoring of the Contractor’s work for compliance with contract documents. 14. Photograph or Video Documentation Prepare video or photo documentation of initial site conditions prior to construction. Provide additional photos of construction progress, and post construction conditions. 15. Field Changes Document all field changes to the Drawings and Specifications (Red Lines). 16. Inspection Reports Prepare Daily Inspection Reports documenting daily work performed, including the contractor’s staff, equipment and materials used, and subcontractors on site, deliveries received and other pertinent information. Potential extra work will be noted and tracked in detail. 17. Geotechnical Observation & Special Testing Brelje & Race will manage and coordinate the services of RGH, Inc. for geotechnical observation and testing and materials or special testing services, as required. 18. Substantial Completion and Punch List Schedule with City and the design engineer, conduct substantial completion inspections and issue punch lists. 19. Project Documentation Provide the City with a complete set of all project records, indexed and properly filed, and a listing of warranties provided by the items covered and the warranty duration. 20. Notice of Completion Prepare the final pay estimate and balancing change order, prepare or recommend the City prepare the Notice of Completion, and coordinate retention release. 7 Statement of Qualifications Engineering Consulting Services Key Personnel Successful projects require staff who possess the appropriate experience and skills to thoroughly manage all aspects of a particular project. For the City of Rohnert Park, our engineering design and construction management team will have a wide range of skill sets to cover the varying requirements that may be necessary. For all projects, we will assemble the team members whose professional experience, individual qualifications and responsibilities are well suited for that project. Associate Principal Sean Jeane will function as the Principal-in-Charge and for all projects related to water system planning and design and ADA compliance, as well as be the Construction Manager for nearly all construction projects. Sean has been with Brelje & Race for 25 years with 30 years of overall experience and has been serving in a project management role for more than 21 of those years. Some of his recent construction projects in the role of Construction Manager included the City of Rohnert Park Tank 8 Site Improvements project and the current Interceptor Outfall Rehabilitation Phase II project. Besides these familiar projects, Sean has been Principal-in-Charge and/or Construction Manager for the following recent City projects, as well as many similar projects for our other clients: • Hydraulic Model Study Update • 2019 Sidewalk and Driveway Improvements • The Unidirectional Flushing Program • Southeast Water Main Improvements • RPX 16-inch Transmission Main Also serving as Principal-in-Charge for wastewater and collection system planning and design projects will be David (Dave) Coleman. Dave is an Associate Principal of Brelje & Race, with over 35 years of civil engineering experience, including six years with the firm. Dave manages the firm’s wastewater division. He and his staff are highly knowledgeable regarding all aspects of sewer collection system design and rehabilitation, pumping systems and force main design. 21. Worksite Safety and Liability Awareness Although the Contractor is solely responsible for worksite and worker safety, our field personnel will promptly notify the Contractor and the City of imminent and flagrant threats to life or safety, consistent with normal standard professional care, when such conditions are recognized. 22. Public Relations – Outreach and Communications Brelje & Race will either prepare or assist in the preparation and distribution of notifications to affected homes and businesses prior to and at various times throughout a project. All notifications shall receive prior City review and approval. Ensure Contractor provides required public notifications of construction activity. Brelje & Race to be primary contact for the public during construction, maintain a log of complaints including the name and address of complainant, date and nature of complaint, date the Contractor was notified and the action taken (with date). In addition to each of these tasks that occur during a construction project, we often also provide assistance during the bidding phase that includes the following tasks: 1. Respond to and maintain a log of questions from prospective bidders. 2. Prepare addenda or drawing revisions in response to bidder questions 3. Attend the pre-bid conference. 8 Statement of Qualifications Engineering Consulting Services Figure 1: Summary of Key Personnel Under the leadership of Sean and Dave, Brelje & Race has a large team of qualified land surveying, design engineering, and field inspection professionals with a wide range of expertise. Members of our staff have focused training and are experts in specific fields. Specialties include land surveying and topographic mapping, civil engineering design, preparing specifications, Geographic Information Systems (GIS) and related mapping, environmental planning and permitting, and resident engineering and field inspection during construction. We have also included RGH Consultants as a subconsultant with expertise in Geotechnical Engineering and materials testing. RGH has been a partner on numerous projects including many for the City. Figure 1 depicts the organizational structure of Brelje & Race listing key professional staff likely to be utilized for City projects. Related qualifications, experience, roles, and responsibilities of key personnel are summarized in the following team matrix. Detailed resumes are included in the Appendix. 9 Statement of Qualifications Engineering Consulting Services Key Personnel Qualifications and Experience Summary Sean Jeane, P.E. Associate Principal B.S., Civil Engineering, Chico State University, 1988 Professional Civil Engineer CA No. 52402 • Associate Principal of Brelje & Race with ver 30 years of engineering experience. • Experienced project manager in planning, design, construction management and peer review for private and public agency projects including water storage tank, pipeline, treatment and pump stations; water wells, sewer and water remediation/rehabilitation; wastewater treatment plant facilities; roadway improvements; parks planning and pathways; drainage systems and erosion control; and earth retaining structures. • Extensive project and construction management experience. • Experienced with a variety of public agencies in the areas of peer review and value engineering, master planning, site and facilities improvements, water and wastewater facilities design and road design. David Coleman, P.E. Associate Principal B.S., Environmental Engineering, Pennsylvania State University, 1982 B.A., Physics, California University of Pennsylvania, 1980 Graduate-level coursework in wastewater treatment and hazardous waste issues, 1982-1989 Professional Civil Engineer CA No. 71902 • Over 35 years in civil and environmental engineering, serving federal, state, municipal and private sectors • Extensive experience in the planning and design of water and wastewater infrastructure, for facility sizes from 20,000 gpd to 4 MGD • Experience in the design of large diameter water transmission mains and trunk sewers • Project Manager and Lead Design Engineer for large scale wastewater treatment plant projects recently completed in Sonoma, Mendocino, Napa and Amador Counties George Potter, P.E. Senior Civil Engineer M.S., Civil Engineering, Brigham Young University, Utah, 1989 B.S., Civil Engineering, Brigham Young University, Utah, 1988 Professional Civil Engineer CA No. 52700 • More than 30 years of experience as a design engineer • Provided construction management for water system projects of both new construction and rehabilitation/recoating, including many recoating projects with multiple tanks per project • Specialized expertise in tank coatings design and construction inspection, lead removal and hazardous waste. Certifications include SSPC, HAZWOPER, and Confined Space • Design experience includes wastewater treatment infrastructure and water system storage tanks, distribution and pump stations Dana Brock, P.E., C.E.G. Field Inspector / Geotechnical Assessment B.S., Civil Engineering, Geology, University of California, Davis, 1978 Professional Civil Engineer CA No. 34379 Professional Geologist, CA No. 3967 • Over 35 years of experience in civil and geotechnical engineering field • Extensive experience in engineering design, geotechnical investigations, and engineering during construction for public works, geothermal, and private development projects • Project experience includes embankment dams and reservoirs, geotechnical evaluations, excavations, pipeline installations, pump stations, water collection, storage and distribution facilities, wastewater facilities, roadways, retaining structures, foundations and soil and materials testing Benjamin Bryant, P.E. Associate B.S., Civil Engineering, California State University, Chico, 2009 Professional Civil Engineer CA No. 79218 • Over 10 years of experience in the civil engineering field spanning resident engineering, construction inspection, and project start up assistance for both public works projects and private developments • Emphasis in resident engineering, construction inspection, and project start up assistance for both public works projects and private developments. • Design experience in a broad range of projects, including water storage and distribution, wastewater collection and treatment, roadways, hydraulic and hydrologic modeling, and land development • Experienced with embankment dam and reservoir facility repair including the DSOD approval process 10 Statement of Qualifications Engineering Consulting Services Key Personnel Qualifications and Experience Summary Brano Vuksanovic, P.E. Senior Civil Engineer M.S., Production Engineering, University of Sarajevo, Bosnia, 1990 Professional Civil Engineer CA No. 78094 QSD/QSP No. 20664 • Over 21 years of engineering experience, including preparation of public works infrastructure plans such as water treatment and conveyance and wastewater collection and treatment systems. • Expertise in site development, such as transportation, wet utilities, grading and paving, erosion control, ADA facilities, and hydrology/hydraulic studies for both public and private projects. • Adept at design and analysis in AutoCAD Civil 3D. • Experience in land surveying, construction staking, and survey-related office and field work. Brian Gong, P.E. Civil/Environmental Engineer M.S., Civil and Environmental Engineering, UC, Berkeley 2015 B.S., Environmental Sciences, UC Berkeley 2014 Professional Civil Engineer CA No. 88474 • Over 4 years of civil design experience in the water and wastewater fields including master planning, report preparation, cost estimation, and hydraulic calculations • Proficient with asset database management for both water and wastewater treatment facilities Sophia Grubb, P.E. Civil/Environmental Engineer M.S., Civil/Environmental Engineering, UC Berkeley 2015 B.S., Biological Sciences, UC, Davis 2014 Professional Civil Engineer CA No. 87543 • Approximately 5 years of civil and environmental engineering experience including evaluation, planning, analysis, design, permitting and construction phase assistance services for water and wastewater treatment and water recycling facilities in both the public and private sectors • Emphasis in preparation of reports of waste discharge and technical studies • Experienced in piping layout and alignment Brennen Urbanek, E.I.T. Engineering Technician B.S., Civil Engineering, California State University, Chico, 2014 Engineer-in-Training, CA No. 153086 • Over 4 years of civil design experience with a solid background in AC and concrete paving design including ADA path of travel. • Experience includes numerous pathway projects for the City of Rohnert Park Anna McKenna, E.I.T. Engineering Technician M.S., Civil Engineering and Environmental Engineering, University of Colorado, Boulder, 2016 B.S., Civil Engineering and Environmental Engineering, University of California, Davis, 2013 Engineer-in-Training, CA No. 152723 • Over 4 years of experience as a water and wastewater treatment design engineer and process modeler. • Experience includes process evaluation, process modeling, process and instrumentation diagram development, hydraulic profile design, equipment specifications, pump design, blower design, construction administration, cost estimation, permitting, funding coordination and design reports 11 Statement of Qualifications Engineering Consulting Services Key Personnel Qualifications and Experience Summary John Navarro, P.E. Civil Engineer / Survey Supervisor Professional Civil Engineer CA No. 84718 • Over 18 years of experience in the design of sewer and water utilities improvements, roadways, site development and drainage/storm water management • Expertise includes project planning; conceptual design; design development; project estimating; construction document preparation • Highly proficient at AutoCAD Civil 3D • Surveying experience extends to project coordination, boundary analysis and preparation of Record of Surveys, Parcel Maps, Final Maps, preparation of map calculations, and preparation of right-of-way documents • Parcel Maps, Final Maps, preparation of map calculations, and preparation of right-of-way documents Tim Robinson, LS Surveyor B.S., Surveying Engineering, California State University Fresno, 1999 Professional Land Surveyor CA No. 8472 • Over 20 years of experience in the land surveying field. • Experienced with topographic mapping and boundary determinations, including record of survey. Justin Witt Senior Environmental Planner M.A., Geography – Natural Resources Management & Environmental Planning, San Francisco State University, 2003 B.A., Cultural Anthropology, San Francisco State University, 1997 • Over 20 years of experience in environmental planning and permitting. • Extensive experience in project administration and preparing environmental review documents and environmental permits. • Skilled in preparation of CEQA documents (including EIRs, Initial Studies, review process, noticing requirements, and conducting public meetings). • Proficient at preparing and processing environmental permits related to the U.S. Army Corps of Engineers, Regional Water Quality Control Board, the California Department of Fish and Wildlife and US Fish and Wildlife Service. Robert Clemens Construction Technician / Field Inspector • Over 12 years of experience as a field inspector with Brelje & Race. • Experienced resident inspector on a variety of water distribution, storage, and paving projects for public agency and private clients. 12 Statement of Qualifications Engineering Consulting Services Identification of Subcontractors RGH Consultants, Inc. Joining the Brelje & Race team will be RGH Consultants, Inc. RGH will be providing their expertise in geotechnical engineering and materials testing during construction. RGH Consultants was founded in 1991 as a full-service firm with expertise in geotechnical engineering, engineering geology, and construction observation and testing. RGH has grown to become one of the largest locally owned geotechnical engineering firms in the northern Bay Area. Headquartered in Santa Rosa, California, RGH has a satellite office in Napa, California. RGH’s staff of professional engineers and geologists, field engineers and engineering technicians collectively have decades of experience in geotechnical engineering, engineering geology, construction observation, and materials testing in northern California. In addition to their experience in northern California, RGH’s staff has performed engineering and geological services on projects throughout the United States and in other countries and territories. From inception, RGH has fostered a “can do” approach to geotechnical engineering and geological problem solving. RGH’s extensive experience has enabled them to develop a comprehensive working knowledge of the soil and geologic conditions in the area and an understanding of the performance of projects after construction. RGH’s knowledge and expertise allows them to work closely with clients, design teams, and contractors to develop geotechnical solutions that are sound, practical, and cost-effective. RGH is also taking a pro-active approach to the geotechnical aspects of sustainable construction. Design phase services from RGH begin with evaluation of soil, geologic and groundwater conditions followed by preparation of recommendations addressing grading, foundations, pavement design, and geotechnical drainage. Construction phase services include observation and field/laboratory testing of grading, foundation excavations, pavement components, and drainage facilities, and special inspection of reinforced concrete, structural masonry, and pre-stressed concrete. In addition to providing services for projects during the planning and construction phases, RGH has performed numerous failure analysis (forensic) studies related to geotechnical, geological, and materials deficiencies. Types of projects that RGH personnel has provided these services for include: • Roadways and bridges • Pipelines • Water and wastewater facilities • Residential developments • Schools • Commercial and public buildings • Wineries • Resorts and hotels • Dams and levees • Hospitals and fire houses Santa Rosa Office 1305 North Dutton Ave Santa Rosa, CA 95401 707-544-1072 Napa Office 1041 Jefferson St, Suite 4 Napa, CA 94559 707-252-8105 Geotechnical, Geological and Laboratory Services SCHEDULE OF CHARGES Effective March 1, 2020 Unless agreed otherwise, work is charged for on a time and expense basis in accordance with the following schedule of charges: PERSONNEL Principal .................................................................................................................................................................. $235/hour Associate ................................................................................................................................................................. $190/hour Senior Engineer/Geologist ...................................................................................................................................... $175/hour Project Engineer/Geologist ..................................................................................................................................... $155/hour Staff Engineer/Geologist ......................................................................................................................................... $130/hour Field Engineer .......................................................................................................................................................... $120/hour Field Engineer (Prevailing Wage) ............................................................................................................................ $145/hour Graphics .................................................................................................................................................................... $90/hour Report Typing/Reproduction ..................................................................................................................................... $70/hour EQUIPMENT Slope Inclinometer Instrument ................................................................................................................................. $150/day Coring Machine ......................................................................................................................................................... $300/day Specialty Software (i.e. SLOPE/W, EZ-FRISK, VolFlo) ................................................................................................. $50/hour CONCRETE Compression Testing - Set of 4 Cylinders ......................................................................................................................... $130 Each Additional Cylinder Break ...........................................................................................................................................$40 Coring Charge ................................................................................................................................................................... $140 OTHER Travel time is charged at regular rates. Vehicle mileage is charged at the current federal rate. The above rates do not apply to projects receiving public funds subject to California Prevailing Wage law. Hourly rates for those projects will be supplied separately. For court appearance, expert witness testimony, or deposition the charge is $275 per hour for the principal, associate, and project level professional and $175 per hour for all others, payable in advance. Four and eight hour minimums apply for court appearance. Time worked in excess of 8 hours per day and Saturday/night work will be charged at 1.5 times the hourly rate. Time worked in excess of 12 hours per day and Sundays/holidays will be charged at 2 times the hourly rate. Outside services including laboratory analysis, consultants, subcontractors, equipment not listed above, outside reproduction, aerial photographs, meals, lodging, shipping and special equipment or services not listed above are charged at cost plus 10 percent. SERVICES RATE SCHEDULE EFFECTIVE MARCH 1, 2020 PROFESSIONAL SERVICES Senior Principal ................................................................................................................ $225.00/hour Associate Principal ............................................................................................................ 210.00/hour Senior Project Advisor ..................................................................................................... 200.00/hour Associate ............................................................................................................................. 195.00/hour Senior Engineer ................................................................................................................. 190.00/hour Engineer .............................................................................................................................. 170.00/hour Engineering Technician .................................................................................................... 145.00/hour Senior Planner .................................................................................................................... 175.00/hour Planner ................................................................................................................................ 145.00/hour Senior Surveyor .................................................................................................................. 175.00/hour Surveyor .............................................................................................................................. 160.00/hour Survey Technician ............................................................................................................. 140.00/hour CAD Technician Supervisor ............................................................................................ 150.00/hour CAD Technician ................................................................................................................ 140.00/hour Construction Engineer ..................................................................................................... 160.00/hour Construction Technician 2 ............................................................................................... 145.00/hour Construction Technician 1 ............................................................................................... 125.00/hour Technical Writer ................................................................................................................ 110.00/hour EXPERT WITNESS & MEDIATION SERVICES $500.00/hour FIELD SURVEYING One-man Party $195.00/hour (Including Survey Equipment & Vehicle) Two-man Party $252.00/hour (Including Survey Equipment & Vehicle) Three-man Party $320.00/hour (Including Survey Equipment & Vehicle) CLERICAL SERVICES $85.00/hour OUTSIDE CONSULTANTS Cost + 10% Handling Charge OUTSIDE PLOTTING AND REPRODUCTION Cost + 10% Handling Charge IN-HOUSE PLOTTING Vellum or Bond $8.00/sheet Mylar 20.00/sheet Note Brelje & Race does not charge separately for many of the expenses that are traditionally recouped from the Client as “reimbursable”. The hourly rates listed above are inclusive of all expenses for vehicle mileage, surveying materials, incidental copying services and computer hardware, software and other information technology costs. EXHIBIT A: SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. A California Certified Land Surveying Small Business Enterprise TABLE OF CONTENTS Section A – Introduction ................................................................................................................. 1 Section B – Recent Experience ....................................................................................................... 2 Section C – Staffing Capabilities and Project Team ....................................................................... 2 Section D – Qualifications .............................................................................................................. 4 Topographic Surveys .......................................................................................................... 5 Right of Way Acquisition Documents ................................................................................ 6 Boundary Surveys, Records of Survey, and Right-of-Way Surveys .................................. 7 Control Surveys .................................................................................................................. 7 Aerial Flight Control & Topographic Mapping .................................................................. 8 Hydrographic Surveys ........................................................................................................ 8 Construction Surveys .......................................................................................................... 8 3D Laser Scanning .............................................................................................................. 9 Railroad Surveying ............................................................................................................. 9 Settlement Monitoring Services .......................................................................................... 9 Drafting and Support Services .......................................................................................... 10 GIS Data Collection .......................................................................................................... 10 Photo Documentation........................................................................................................ 10 Deliverables ...................................................................................................................... 10 Safety ................................................................................................................................ 11 Section E – Quality Assurance/Quality Control ........................................................................... 11 EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 1 A California Certified Land Surveying Small Business Enterprise SECTION A – INTRODUCTION Cinquini & Passarino (C&P), an award winning firm, has a proven track record of meeting our clients’ professional land surveying needs since 1954. C&P’s approach to surveying is to become a seamless extension of our clients’ offices and services. Our goal is to provide you with responsive and reliable surveys every time. We understand that the City of Rohnert Park is currently looking for qualified consultants to provide a variety of services to supplement City staff. Cinquini & Passarino is ideally suited to perform all the professional land surveying services and final map review for the City of Rohnert Park. Over the past five years C&P has performed numerous projects on an as- needed basis for the City of Rohnert Park. We understand the City’s land surveying capabilities and needs and have worked with City staff to deliver design ready topographic and right-of- way surveys in a quick and efficient manner. We recently performed a topographic survey of the entire Stadium Lands parcels, Honeybee Pool, and seven sections of pathways throughout the City. We have also recently performed the right-of-way determination along Commerce Drive and Southwest Boulevard for the roundabout and along Snyder Lane and Keiser Avenue for roadway improvements. Included in our qualifications is a brief description of the more common professional land surveying services we provide our clients. C&P will provide more specialized professional land surveying services when needed. As a leader in advanced surveying methodologies, we continue to expand our services with new and exciting proven technologies. Within the past five years, we have expanded our GIS services to include asset management and cartography, use of drone technology for quick aerial imagery and planning level surface model creation, hydrographic surveying capabilities, 3D laser scanning and railroad surveying capabilities as well as. C&P’s team of principals, project managers and staff understand the desire and need to have quality and dependable Professional Land Surveying services. C&P’s ability to perform site survey mapping, right-of-way surveys and boundary surveys will allow the City of Rohnert Park to us the surveys from the initial planning stage through the design stage. Choosing C&P to perform your land surveying needs will provide you with a solid foundation on which to build your projects. C&P's Recent Site Surveys highlighted red. EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 2 A California Certified Land Surveying Small Business Enterprise C&P has the qualified staff and availability to meet the City’s most demanding schedules. Multiple field crews allows for flexible scheduling of field work with minimal notice required. Office staff is cross trained in several surveying areas which allows us to meet time critical schedules SECTION B – RECENT EXPERIENCE • City of Rohnert Park • City of Santa Rosa • City of Cotati • City of Petaluma • City of Healdsburg • County of Sonoma • Sonoma County Regional Parks • City of Sebastopol • Sonoma Marin Area Rail Transit District • Sonoma County Water Agency • County of Butte • County of Marin • Marin County Parks • County of Napa SECTION C – STAFFING CAPABILITIES AND PROJECT TEAM Cinquini & Passarino had the knowledge and availability to serve the City of Rohnert Park. Our team (shown below) fully understands the complexities of professional land surveying, mapping, and engineering needs for the successful completion of municipal projects. Tony Cinquini, P.E., P.L.S., our proposed project manager, will oversee all aspects of the services provided to you. Tip the scale in your favor Solid Experience EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 3 A California Certified Land Surveying Small Business Enterprise Anthony G. Cinquini, P.E., P.L.S. Tony, a Principal at Cinquini & Passarino, has over twenty-two years of experience with consulting civil engineering and land surveying projects. Tony has managed, surveyed and designed projects from preliminary studies through the construction phases. He specializes in topographic, boundary, right of way engineering, laser scanning, drone aerial surveys and construction surveys for engineering, capital improvement and public works projects. James M. Dickey, P.L.S. Jim, a Principal at Cinquini & Passarino, has over twenty-two years of experience in the profession of land surveying, specializing in identification and preparation of records of survey, boundary surveys, and right-of-way surveys. Jim has served as a Deputy County Land Survey and oversaw review of Records of Survey. Jim’s knowledge of the latest land surveying technologies enables him to prepare detailed surveys such as control networks for large public works projects. Mathew Dudley, P.L.S. Matthew has over nine years of land surveying experience in the private sector working for civil engineering and land surveying firms. His field and office experience includes right-of -way, boundary and topographic surveys. Mathew’s skills include deed research and retracement, preparation of legal descriptions and plats for right-of-way acquisition, lot line adjustments and ALTA/NSPS land title surveys. City of Rohnert Park Tony Cinquini, P.E, P.L.S. Principal/Project Manager (Primary Contact) Professional Land Surveyors Mathew Dudley, P.L.S. Leslie Kirby, P.L.S. Mark Andrilla, P.E., P.L.S. Office Support Staff James Brown, L.S.I.T. Bradley Thomas, L.S.I.T. Clayton Ferrari, L.S.I.T. Field Surveys Six Field Crews with the ability to run Seven Crews Jim Dickey, P.L.S. Principal/Quality Assurance EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 4 A California Certified Land Surveying Small Business Enterprise Mark P. Andrilla, P.E., P.L.S. Mark is a Licensed Professional Engineer and Professional Land Surveyor with the State of California with over thirty years of experience in the professions of land surveying and civil engineering, particularly from the municipal government perspective. His experience in final map review, topographic surveys, right of way and boundary surveys, legal descriptions and plats, construction surveys and overall project management enhances his ability to effectively provide surveying services for infrastructure improvements, redevelopment and development projects. James Brown, L.S.I.T. James, a survey Party Chief and California registered Land Surveyor-in-Training, has over twenty-two years’ experience surveying private and municipal land surveying projects. James is our field crew manager and oversees our surveying services during construction. Bradley Thomas, L.S.I.T. Bradley has over twenty-five years of land surveying experience in the private sector. His experience includes field and office surveying preparing calculations and staking for construction, topographic surveys, and laser scanning services. Clayton Ferrari, L.S.I.T Clayton has over four years of experience in land surveying. His experience includes preparing legal descriptions and plats, boundary resolution, records of survey and topographic maps. Cinquini & Passarino’s Team understands that providing topographic, boundary, right-of-way, design surveys, and construction staking surveys in a reliable and highly responsive manner will meet or exceed the tight timeframe of today’s project schedules. We have included in Appendix A detailed resumes for key staff who may perform work on the City of Rohnert Park project for your review. SECTION D – QUALIFICATIONS C&P knows how to plan for and execute municipal land surveying services, locally having as needed contracts with the City of Rohnert Park, City of Santa Rosa, City of Healdsburg, City of Petaluma, City of Cotati, City of Sebastopol, County of Sonoma, Sonoma County Regional Parks, and Sonoma Marin Area Rail Transit District. With corporate headquarters in Santa Rosa, C&P additionally maintains offices in Healdsburg, Napa, and Oakland. This proximity will ensure frequent, easy communication and coordination to help C&P anticipate and understand the City of Rohnert Parks’s project goals. C&P’s surveyor’s combine decades of survey knowledge, coupled with our location and experience at the project site will guarantee the proper resources are allocated to meet the City of Rohnert Park’s schedule for quality deliverables. EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 5 A California Certified Land Surveying Small Business Enterprise Some of the Professional Land Surveying Services we provide our municipal clients which may be of interest to you include: · Topographic Surveys · Boundary & Right of Way Retracement · Final Map Review · Legal Descriptions and Plats · Deed and Description Research & Interpretation · Construction Surveys and Staking · Aerial Mapping–Photogrammetry & Lidar · Control Surveys (NAD83 & NAVD88) · Elevation and Settlement Monitoring Surveys · Hydrology & Hydraulic Cross Sections · Hydrographic Surveys · Records of Survey · Ground Truth & Supplemental Topo · Lot Line Adjustments & Parcel Mergers · Volumetric & Engineering Calculations · Preparation of Maps and Exhibits · Corner Records for Monument Preservation · 3D Laser Scanning & LiDAR · Railroad Surveying · 360° Panoramic Photos · UAS/Drone Inspection & Aerials The list of services shown above has many varying components. The following is a brief overview of some of our Professional Land Surveying Services: Topographic Surveys C&P will provide you with topographic surveys for the construction of streets, general building site construction facilities, traffic signals, storm drain systems, creek restorations, parks, pedestrian paths, and any other related project sites. C&P will meet with your project manager to review the project, determine and refine the scope of work best suited to meet your needs, and provide to you a qualified team of field and office staff to perform the surveys. Typical topographic surveys may include: · Right of Way, property corner and monument ties to perpetuate important existing monuments. · Complete horizontal and vertical locations of surface features such as, but not limited to, surface evidence of underground utilities, curbs, gutters, flow lines, storm drains, drop inlets, culverts, fences, guard rails, edges of traveled way, pavement markings and striping, roadway markers, trees, and building corners. Proudly Serving City of Rohnert Park City of Santa Rosa City of Healdsburg City of Petaluma City of Cotati SMART County of Sonoma EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 6 A California Certified Land Surveying Small Business Enterprise · Utility locations as determined from surface features such as manholes, water valves, utility pad mounted boxes and transformers, fire hydrants, power poles, overhead lights and signs, overhead power, overhead telephone, gas valves and vents, and USA markings. When reasonably possible, invert elevations are provided at all manhole, drop inlet, and culvert locations. · Detailed survey of driveways and curb returns, including centerline, widths, elevations for top of curb, flow line and back of sidewalk, and sufficient elevations near each driveway to assist in design of the approaches and ADA conformance. · Roadway centerlines, edges of pavement, flow lines and intermediate grade breaks. · Establish control as required on the City’s horizontal and vertical coordinate system. · Cross section drainage channels and creeks at predetermined intervals and at changes to the channel cross section if storm water modeling will be performed. · Contours are typically produced at an interval of 0.5 feet to 2 feet depending on your needed use of the survey. Our topographic surveys can be drafted at any scale specified by the City. Typically our surveys are prepared at scales between 1 inch = 20 feet and 1 inch = 40 feet. Our Autocad Civil 3D surveys are prepared in your layer format, and utilize your block naming and symbols to help your design staff to be more efficient. Below is a sample of our topographic maps. Right of Way Acquisition Documents C&P will provide you with legal descriptions and plats for right of way acquisition, temporary construction easements and other easements as required. Easement preparation is performed by a licensed land surveyor to assure you of the highest quality easy to understand descriptions. C&P can also provide you with appraisal maps and other documents to assist your right of way agent in negotiations with property owners or assist an outside right of way agent if necessary. Site Survey of Stadium Lands Lot 1 February 9, 2016 EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 7 A California Certified Land Surveying Small Business Enterprise Boundary Surveys, Records of Survey, and Right-of-Way Surveys C&P performs right of way surveys, boundary surveys, records of surveys, subdivision mapping, and corner records to meet your project needs. C&P will meet with your project managers and design staff to provide assistance determining or refining the scope of work for the survey services, and will coordinate with your title company for title company services. All boundary surveys and records of survey will be coordinated with the existing monuments and records. Boundary surveys and records of survey may include: · Determine accurate right-of-way when required for property acquisition or design purposes · Retracement of record boundary lines to show on topographic surveys · Boundary resolution · Provide records of survey, plats, record of surveys, and corner records, as required · Coordinate with your title company to receive preliminary title reports or chain of title (if required) to complete the tasks listed above · Control Surveys C&P plans, sets and observes control along a given route or throughout an entire city which will be used as the base control. We typically use GPS to tie the control network together. A precise level loop will be performed to increase the accuracy of the vertical component, when necessary. The combination of GPS horizontal location on NAD 83 and a precise level loop based on NAVD 88 will provide your project or city monumentation with a high quality control network from which we can base future design surveys ranging from utility locations, right of way surveys and aerial mapping control. In the last few years, we have prepared control networks for a wide range of projects and cities. Some recently performed networks include the City of Yountville, City of Napa, City of Cotati, Bel Marin Keys Community Services District and National Park Service as well as the Sonoma Marin Area Rail Transit project. With our large breadth of experience on control projects we have refined our procedures and methods to establish control in the most cost effective methods while maintaining exceedingly high accuracies. EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 8 A California Certified Land Surveying Small Business Enterprise Aerial Flight Control & Topographic Mapping C&P will prepare and set flight panel markers for use with an aerial survey of your project site. C&P has the capabilities to fly sites up to 1000 acres per day SenseFly Unmanned Aerial System. We typically use GPS to tie the panels together. If needed, a precise level loop using our Trimble® DINI Digital Levels and an Invar rod will be performed to increase the accuracy of the vertical component. Once the panels are set, we will fly the site or for larger sites we will notify an aerial subconsultant to perform the aerial flight. If the City would instead prefer to contract directly with an aerial mapping company, C&P can coordinate to provide any aerial control necessary for mapping a project. We are familiar with typical photogrammetric aerial mapping control as well as control for LiDAR surveys. Hydrographic Surveys C&P will provide the City with hydrographic surveys to supplement our topographic surveys. Hydrographic surveys can be performed for a wide range of projects. Hydrographic surveys can be used to determine the volume of water in a reservoir or monitor a reservoir for siltation. We understand that the use of a hydrographic survey will need to relate accurately to any topographic surveys that are also performed on the site. To provide this continuity, we utilize the same high accuracy survey equipment during our hydrographic surveys that we use for our topographic surveys. As a quality control measure, we utilize a lead line to double check the depths reported from our echo sounder. These checks are performed at least three times during the course of a day to ensure that accuracy is always maintained. Construction Surveys C&P has provided construction staking services for public and private entities for over 60 years. We stay informed on the latest technologies in the field and in the office to ensure our clients receive accurate and precise locations of reference points to construct their most valuable projects. Responsive timing is critical in construction staking. Once the calculations for construction staking are complete, typically no later than 5 days after receipt of the project plans, we can provide a crew to your project site within 48 hours’ notice of the need for construction staking. C&P has provided construction staking for a variety of projects throughout the North Bay area. Our field crews are members of the Operating Engineers Local Union No. 3. Our union trained party EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 9 A California Certified Land Surveying Small Business Enterprise chiefs and rod persons are accustomed to providing construction managers and contractors with the necessary reference points to get your project built on schedule. 3D Laser Scanning C&P is able to provide you with 3D laser scanning services. Laser scanning provides fast and data rich information for building as- builts and diagnostics. Scanning can also be used to monitor the evolution of site work and in settlement surveys. We have found that scanning can be very beneficial for a range of projects such as: · Treatment plant modeling and piping · Clearance surveys and detailed mapping · ADA conformance surveys · Architectural and structural as-builts · Retaining wall or building monitoring · Water tank deformation · Crime Scene Forensics & Expert Witness Exhibits In addition we can utilize scanning for mapping in difficult access areas such as high traffic roadways, or difficult access areas such as beneath bridges or within confined spaces. Railroad Surveying C&P is able to provide detailed surveys for rail construction projects. These services are applicable for rail crossing improvement projects, railroad relocation projects, monitoring of railroad tracks during the construction of crossing utilities such as water, sewer or storm drain lines. To complete these services we utilize our Trimble GEDO rail trolleys, our firm is the first surveying firm in North America to adopt the use of these trolleys for railroad surveys. Typical services include: · Rail Alignment · Conformance Surveys · Rail Monitoring · Railroad Crossing Improvement Projects Settlement Monitoring Services As project constraints become more critical or difficult monitoring movement becomes more important. For this project type, the City may need confidence that settlement or movement does not create an adverse effect on the City infrastructure, roadways or adjoining property. Monitoring of these improvements can be accomplished through a number of different methods. The methods currently utilized to perform monitoring for our projects are manual monitoring such as using digital EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 10 A California Certified Land Surveying Small Business Enterprise levels for vertical displacement and total stations for horizontal displacement, laser scanning can also be used to monitor deformation. We also implement monitoring through the use of automated monitoring systems. Automated monitoring can be accomplished through the use of stationary GPS receivers or total stations and reflectors set on established points. Through the use of monitoring we can closely monitor small movements and chart movement overtime. Monitoring for deformation can also be done remotely for critical infrastructure such as reservoir dams and flood walls or in locations where construction exists and monitoring deformation movement of nearby buildings may be needed. Drafting and Support Services C&P is also able to provide drafting and support services for projects. This support can range from preparation of road cross sections and profiles, drafting redlines, or any other surveying or drafting related assistance that the City may require. GIS Data Collection C&P provides asset management and data collection for the City’s Geographical Information System. Utilizing our GPS equipment, we will collect the field data needed to supplement or create data layers for the GIS system, including sanitary sewer manholes and cleanouts, water mains, fire hydrants, storm drainage structures or any other GIS feature that the City desires. This information will then be downloaded, reviewed for quality and then added to a GIS base layer. Base layers can be created in AutoCAD Map or ESRI products such as ArcGIS. These layers can contain a wide range of criteria including pipe size, material type, date constructed and much more. Photo Documentation C&P has the ability to collect panoramic photos using our 360° panoramic camera. The system collects geo-referenced photos and allows clients to review sites based on what the area currently looks like, as well as photo documentation to see what the site may have looked like prior to construction or improvements. Deliverables We provide deliverable products to meet your needs. C&P uses AutoCAD Civil 3D to create all our mapping unless otherwise requested. Drawing entities such as blocks, layer conventions, and line types will be utilized during the creation of our mapping which will save you or your design engineer time and hassle of converting drawings once the deliverable items are received. Since the City utilizes AutoCAD Civil 3D to create design drawings, we can also provide a surface model of any topographic surveys which will allow your engineer to quickly sample alignments, profiles and cross section data as well as prepare volumetric calculations. An ASCII file or Excel file EXHIBIT A SCOPE OF SERVICES CITY OF ROHNERT PARK Cinquini & Passarino, Inc. 11 A California Certified Land Surveying Small Business Enterprise of the points collected for the project will be provided to the City to aid in any manipulation or analyzing of the data as well. Safety Workplace safety is crucial when working within public right-of-ways. Working on a wide variety of projects including work within high traffic areas such as major roadways and rail corridors requires that everybody is vigilant about safety. Vigilance starts with providing our field surveyors with the proper tools to do the job. This includes providing the proper traffic control systems, flashing lights on our survey vehicles, and bi-weekly tail gate safety meetings. Job site safety briefings are completed to ensure that any safety concern is acknowledged observed prior to performing work. All of our field surveyors understand and are trained on safety protocols and have signs and cones available to divert traffic and create a safe work zone. SECTION E – QUALITY ASSURANCE/QUALITY CONTROL C&P takes the quality of our work very seriously. We have established time proven controls in the field and throughout the office. Diligent record keeping, open communication, and a thorough back check Quality Control review process provides you with trustworthy and reliable survey the first time, every time. Communication is key to providing quality service, one aspect of these controls are bi- weekly meetings where the office staff and field staff discuss projects and look for areas where we can improve efficiency and performance for our clients. The topographic surveys, boundary surveys and record easements will be scrutinized before we finalize our deliverables. As part of the QA/QC process, the boundary resolution will be presented by the surveyor of record to another professional land surveyor in the office to confirm decisions made with the project. Our final process is to review all mapping before submitting it to you to ensure the documents are clear and concise. C&P will not deliver a final topographic survey that has not had a field edit. The field edits help to assure our clients that the topographic map they receive is a complete representation of the site conditions. BOUNDARY TOPOGRAPHIC CONSTRUCTION RAILROAD INFRASTRUCTURE HYDROGRAPHIC CINQUINI & PASSARINO, INC. LAND SURVEYING EXHIBIT B HOURLY FEE SCHEDULE MARCH 1, 2020 TO FEBRUARY 29, 2021 OFFICE AND PROFESSIONAL Professional Land Surveyor (4 HOUR MINIMUM) $460.00 per hour EXPERT WITNESS, DEPOSITIONS & CONSULTATIONS Professional Land Surveyor $260.00 per hour LEGAL RESEARCH & COURT EXHIBITS Principal Professional Land Surveyor $200.00 per hour Senior Professional Land Surveyor $190.00 per hour Professional Land Surveyor $160.00 - $180.00 per hour Survey Technician $118.00 - $160.00 per hour (PLUS MATERIAL) GIS Analyst $134.00 per hour Remote Pilot $185.00 - $205.00 per hour INCLUDES MISSION PLANNING, VEHICLES, UAS/DRONE, MILEAGE & MATERIAL Word Processing, Clerical and Deliveries $ 98.00 per hour FIELD CREWS THE FOLLOWING INCLUDES VEHICLES, EQUIPMENT, MILEAGE & MATERIAL 1 Person Field Party $190.00 per hour 1 Person GPS Party $215.00 per hour 2 Person Field Party $285.00 per hour FIELD CREW CONSISTS OF PARTY CHIEF & CHAINMAN 3 Person Field Party $395.00 per hour FIELD CREWS CONSIST OF PARTY CHIEF, 2 CHAINMEN OR CHAINMAN & FLAGPERSON. 4 - Person Field Party $460.00 per hour FIELD CREWS CONSIST OF PARTY CHIEF, 3 CHAINMEN OR CHAINMAN & 2 FLAGPERSONS. SUPPLEMENTAL ITEMS Outside Contract Work Cost plus 15% Overtime Work 1.2 x base rate Over 8 Hours on Saturday, all day on Sundays or Holiday 1.4 x base crew rate Night Work (shifts starting after 4 PM or before 5 AM) 10% additional over base rates Travel Time for 2-Man Crew $120.00 per hour (beyond 1 hour of travel outside an 8 hour workday) GEDO Scan Equipment is subject to a $1,000.00 per day usage charge UAS Equipment subject to a $750.00 per day usage charge Schedule 2020/2021 City of Rohnert Park On-Call Consultant Services | Page 21 Coastland has provided on-call and as-needed services to many public agencies and we are very familiar with the Task Order process and providing a cost proposal based on a specific project scope of work. Staff will be assigned to each Task Order based on the staff member’s experience with the type of project, funding requirements, and scope. Identifying project goals, constraints and concerns at the project onset is key to successful project delivery. Upcoming projects for the City of Rohnert Park include many challenges such as conflicting user groups, sensitive habitats, accessibility compliance, environmental mitigation, grading, storm water and other issues. These and further concerns will all need sound, practical and cost-efficient solutions, which we can provide based on many years of local municipal experience. Coastland’s skill at planning, designing and managing construction of public projects throughout Northern California provides us with the ability to anticipate and overcome project challenges. Coastland’s team will devote themselves to applying a successful track record resolving these issues in order to develop innovative solutions for the City of Rohnert Park. Our six-step method to performing design services starts with assigning the appropriate team for the project and then the team becoming familiar with the project through meetings with the City, stakeholders, site visits and review of existing materials. Working through these steps with the City, a project schedule is finalized, and tasks identified. The design stage of the project typically includes topographic survey and may include subconsultants who specialize in traffic engineering, environmental services and/or geotechnical services. At the beginning of the design stage, utility companies are contacted and a design memorandum with alternatives may be developed. A preliminary design is presented typically followed by designs at 75%, 90% and final stages, including specifications and engineer’s estimates of probable cost. We meet with City staff at each submittal to ensure changes are incorporated into the design and the project is heading in a direction that meets the City’s goals. The final step of the project design is to assist the City with construction bidding and construction support. This involves responding to questions from bidders, attending the bidders’ conference (if any) and 1 Become Familiar with Project & Assign Key Roles Project Meetings, Preliminary Research & Coordination Determine Client’s Needs & Project Objectives Assemble Team that Meets Client’s Needs & Project Objectives 2 Preliminary Design Topographic Survey Design Memorandum & consider innovative ideas and approaches Coordination with Utility Companies Preliminary (35%) plans and engineer’s estimate 3 75% PS&E Address all City comments from Preliminary Design Review Prepare 75% plans, specifications and engineer’s estimate (PS&E) In-House Constructability & Accessibility Reviews 4 90% PS&E Address all City comments from 75% Design Review Prepare 90% plans, specifications and engineer’s estimate (PS&E) In-House QA/QC 5 Final PS&E Address all City comments from 90% Design Review Final QA/QC Prepare Final Bid Documents per City Standards Bid & Construction Phase Assistance Respond to Bidder Questions, Attend Bidders Conference, Prepare Addenda (if required) Review Contractor’s Submittal & Respond to RFIs Perform Site Visits During Construction 6 SCOPE OF SERVICES ENGINEERING DESIGN City of Rohnert Park On-Call Consultant Services | Page 22 preparing any addenda to the bid documents. We will also review the contractor’s submittal, respond to requests for information (RFI’s) and perform site visits during construction. QUALITY PERFORMANCE Coastland places a high priority on ensuring our clients receive superior and timely service. To maintain this level of service, we have established internal procedures that ensure the work is being completed in a manner that is at or above industry standard, is accurate and is in the format desired by the City. Through a management style focused on consistent communication and quality control, we ensure final plans are thorough and accurate prior to bidding. Our internal Quality Assurance / Quality Control (QA/QC) procedures will ensure completeness by reviewing all deliverables prior to submittal, utilizing Coastland’s PS&E checklist and conducting a final field review of the project site during the 90% design stage. The QA/QC review will be performed by a Coastland Principal or Supervising Engineer not involved on the design team for the specific project. The QA/QC personnel will review the documents for accuracy, completeness and consistency with the design criteria. QA/QC review comments are returned to the design project manager who will facilitate the necessary changes. Additionally, a final field review and check against the plans will be conducted by the design engineer. Field conditions that differ from the plans will be incorporated into the final bid documents. Using their wide-ranging knowledge of construction methods, Coastland’s Construction Managers also perform constructability review of designs prior to each submittal to the City. The construction QA/QC review will provide input on constructability such as construction equipment limitations, traffic control, alternate construction methods and construction costs. This review helps minimize claims and potential change orders. RESPONSIVENESS TO CITY’S STAFF AND PROJECT REQUIREMENTS Coastland staff reside locally and will staff each project from our nearby Santa Rosa office. We have proposed a team consisting of multiple project managers and staff who will be assigned to each of the City’s upcoming projects based on the unique project requirements and availability of team members. Coastland places a high priority on ensuring we do not over-commit individuals, nor leave any need unmet. This will ensure timely completion of each project and responsiveness to City inquiries. Coastland staff can meet regularly with City staff and are accessible during normal business hours. We will be accessible via phone and email. For the City’s convenience, all services can be accessed by contacting one primary contact: Heidi Utterback. City of Rohnert Park On-Call Consultant Services | Page 23 Coastland understands the importance of hands- on coordination with all project stakeholders. The City’s key staff will be provided the CM’s weekly project status reports each Monday and inspection reports and weekly statements will be transmitted upon request. Coastland will maintain a complete red-line drawing set during construction and submit a record plans at the completion of the project and provide any documentation for changes to bid set. Each of Coastland’s proposed inspectors, have at least 35 years of experience that includes building relationships and coordinating with contractors, clients, and stakeholders. Coastland’s experience in hundreds of projects within Sonoma County establishes us as extremely experienced in understanding the needs of the City, its residents, and how to effectively communicate project progress to all parties involved. Municipal engineering and construction management services are the core of our business. Having provided day-to-day municipal engineering to many cities within Sonoma County, our team can provide insight to problems or issues which other consultants may not have had hands-on, practical experience. If selected for these services, Coastland will build upon our existing knowledge of Rohnert Park and apply our extensive construction inspection experience to add to the City’s success. This will result in effective communication and positive project progress. CONSTRUCTION MANAGEMENT & INSPECTION City of Rohnert Park On-Call Consultant Services | Page 24 July 01, 2020 through June 30, 2021 PROFESSIONAL SERVICES Principal Engineer $200-220/hour Supervising Engineer $170-200/hour Senior Engineer $160-180/hour Associate Engineer $145-160/hour Assistant Engineer $125-145/hour Junior Engineer $115-130/hour Engineering Assistant $120-150/hour Senior Engineering Technician $140-160/hour Engineering Technician $120-140/hour Engineering Aide $95-115/hour Resident Engineer $155-180/hour Construction Manager $145-180/hour Construction Inspector* $130-165/hour Construction Administrator $85-95/hour Building Plan Check Engineer/Architect $140-175/hour Building Official and/or CASp $150-180/hour Supervising Building Inspector $150-170/hour Senior Building Inspector $120-145/hour Building Inspector (I & II) $95-125/hour Senior Plans Examiner $125-140/hour Plans Examiner (I & II) $105-120/hour Supervising Permit Technician $115-130/hour Senior Permit Technician $95-115/hour Permit Technician (I & II) $85-95/hour Administrative $85-95/hour VEHICLE $15-20/hour MILEAGE $0.68/mile** OUTSIDE SERVICES Cost + 15% MATERIALS Cost + 15% • Computer time is included in the hourly rates used above. • When applicable, mileage or vehicle rates will be charged, but not both. * Includes services subject to prevailing wage rates. HOURLY RATE SHEET STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 12 Exhibit A: Scope of Services DEVELOPMENT MANAGEMENT AND REVIEW ENGINEERING PLAN REVIEW SERVICES New Development Entitlements • Review tentative maps, tentative parcel maps, architectural review, and other entitlement applications. Coordinate review with other City staff and/or outside agencies as needed. • Attend follow-up meetings with Planning staff, the applicant, or others as needed to resolve issues regarding the proposal. Review subsequent submittals of the proposal. • Assist the City with development of conditions of approval, development agreements, and other requirements associated with development applications. Assist City in negotiating with developers regarding terms of agreements or conditions (Additional tasks associated with the entitlement process are described above). Plan Review Review final maps, improvement plans, and landscape plans. Review includes evaluation of required records, studies, grading and improvement plan, and additional materials submitted by the design professional. Confirm that plans conform to City standard design criteria, conditions of approval, and infrastructure or other master plans. • Each plan review will be accompanied with a letter summarizing the red-line comments addressed to the applicant’s engineer or landscape architect, with a copy to City staff and the applicant. A complete red-lined set of drawings and any reports will be returned to the design professionals for use in their corrections. At the applicant’s discretion, the comment summary letter and red-lined plan sheets can be scanned and submitted electronically to the design consultant to expedite the review process. • Although we understand that meetings will not be required, CSG is available to meet with the applicant/representative and City staff to review comments or to delineate the standards which are not being met, in order to facilitate timely completion of the review and meeting the maximum goal of two plan checks. CSG will accept and review subsequent submittals electronically, when feasible, in order to expedite the review process. • Soils reports will be evaluated, and confirmation of recommendations will be included on the plans. Boundary conditions will be evaluated to maintain continuity with surrounding properties and maintain existing drainage patterns. • Construction erosion control and post-construction water quality control will be evaluated for compliance with the storm water quality management permit in effect for the City. • Assist the City with development of conditions of approval, development agreements, and other requirements associated with development applications. Assist City in negotiating with developers regarding terms of agreements or conditions (Additional tasks associated with the entitlement process are described above). • Confirm that the developer has obtained necessary permits or approvals from other public agencies as needed, and that plans conform to the City’s NPDES Municipal Regional Permit requirements for storm water treatment and detention. • Review and recommend approval of engineering bond estimates and subdivision guarantees. Assist the staff in preparing subdivision improvement agreements, other agreements (including stormwater treatment measure and landscape maintenance agreements), and staff reports. • Meet with developers, consultants, and other agencies on behalf of staff, as requested. 5 S E C T I O N STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 13 Staffing • All plan reviews will be conducted by a State of California licensed civil engineer or under the supervision of a licensed civil engineer. • Each plan review is assigned to a plan reviewer with oversight of the project manager. The assigned design plan reviewer will be committed to the project and will furnish all subsequent reviews for the project. It is the goal of CSG to provide, where practical, a cradle-to-grave approach for project review, where a review team is assigned to the project from entitlement through plan review and construction to closeout and acceptance. • Provide specialized qualified licensed engineers to assist in any structural, soil and geotechnical reviews, for any of the assigned projects. • Map checking will be overseen by licensed professional land surveyors or by professional engineers licensed to practice land surveying in the State of California. • The review team will be available for applicant inquiries or conferences during normal business hours, Monday through Friday, from 8:00 AM through 5:00 PM. Web conferences, fax, and conference calls are optional forms of communications between Consultant and City staff. Plan Review Submittals Schedule Development of hard-and-fast schedules for completion of development review and plan review work is difficult as timing and scope of projects is not always known. Examples of time frames for completing certain tasks are provided below. TYPE TIME FRAME Pre-application entitlement review Review application material in advance of requested meetings; complete formal comments and submit to Planning within two weeks of meeting Review Tentative Map Application or Other Entitlement Package Fifteen (15) working days of notice of submittal by City Prepare Conditions of Approval Prepare within one week of request by Planning, or within reasonable shorter time frame if needed to meet hearing date Complete Improvement Plan (1st Check) Fifteen (15) working days of notice of submittal by City Complete Subsequent Improvement Plan as Needed Ten (10) working days of notice of submittal by City Prepare fee estimate, review bond estimate, or prepare permit Ten (10) working days of request Miscellaneous Assignments Dependent on scope; typically between five (5) and ten (10) working days Turnaround times include pickup, QA/QC, and delivery to City. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 14 CITY SURVEYOR - MAP REVIEW SERVICES The traditional role of the City Surveyor is to ensure that maps, legal descriptions, and plats prepared for private developments are technically correct. However, more often than not, the City Surveyor will also ensure that the documents are comprehensive of City requirements and completed in accordance with the California Subdivision Map Act and local ordinances (traditionally the functions of the City Engineer). The City Surveyor’s daily functions include reviewing the documents submitted by private developers, owners, engineers or surveyors, review and provide comments, and sign final documents when approved. The City Surveyor customarily also meets with and advises the City Engineer and private applicants when complicated or unusual circumstances arise. Detailed Scope of Work Under the “Map Review” scope of work, CSG proposes to review Final Maps, Parcel Maps, Lot Line Adjustments, Lot Mergers, or other documents per the following: • Review for compliance with the approved Tentative Map and Conditions of Approval (maps) • Review for compliance with the California Subdivision Map Act • Review for compliance with the Professional Land Surveyor’s Act • Review of closure calculations • Review of title information for the property, including existing easements and any other relevant land encumbrances, based on information contained in a preliminary title report and other documents to be furnished by applicant • Review of record documents (deeds and maps) of the subject and adjacent properties • Review, seal and sign final Mylar copies and certificates as Acting City Surveyor or Technical Reviewer • Preparation of Staff Report for City Council Approval, if required • Conformance with the project improvement plans and other documents CSG’s Review Process New map submittals will be coordinated with the proposed project manager. At the time of new submittals, the applicant may decide to meet with the City and CSG’s project manager to briefly present the project and discuss any challenges. At that time, CSG will perform a cursory review and let the applicant know if additional documents are needed for the review. Unless otherwise dictated by unusual requirements, map reviews for the City will be conducted in CSG’s facilities in Foster City, although project meetings can be scheduled at City Hall upon the City’s request. CSG’s offices are adequately staffed with trained map checkers to deal with any fluctuating workload that the City might experience in reviewing maps, and we consistently provide timely turnaround for various applications, according to the City’s specified time line. Map reviews are typically completed by CSG staff within ten (10) working days after the receipt of required material. Subsequent submittals are typically reviewed within five (5) working days. Redlined maps and comments can be provided electronically, via overnight delivery, or by regular mail. Once the map check has been completed, the applicant may decide to meet with the reviewing party to discuss the comments. Meetings with applicants and City staff may be conducted at CSG’s offices or on-site at City’s offices. CSG will be readily available to meet with applicants to discuss any concerns they may have at any stage during the review process. LAND & SURVEY DOCUMENTS FOR PUBLIC PROJECTS Occasionally, circumstances will dictate that the City prepare legal documents that transfer property or affect the boundaries, easements, or title of public facilities such as Community Centers, Police Stations, Parks, Corporation Yards, etc. CSG had assisted many of our clients in such transactions and worked closely with the City Attorney’s office. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 15 Detailed Scope of Work The types of legal documents that may be prepared by the City include Parcel Maps, Lot Line Adjustments, and Lot Mergers. Additionally, plats and legal descriptions may need to be prepared for public projects that require right-of-way take. For street dedication or vacation documents, as well as easement grants and abandonments, the burden of preparing the plats and legal descriptions are typically put on the private party in conjunction with private development of the affected parcel(s). Those documents may, however, also be prepared as stand-alone documents/instruments by the City Surveyor. Lastly, records of survey may also be prepared if dictated by the Professional Land Surveyor’s Act. All documents are produced using the same level of care and quality control as mapping reviews, and prepared in conformity to the following legal codes: • California Subdivision Map Act • Professional Land Surveyor’s Act • Streets and Highways Code • Civil Code • Other relevant sections of the Government Code In addition, all maps or certificates are prepared using local industry standards and pre-established City requirements. CSG’s Map/Document Preparation Process CSG will meet with City representatives to discuss the scope of the project, general expectations, and final intent for the public property. Occasionally, better or quicker solutions are proposed to resolve issues after the project is thoroughly reviewed and discussed. CSG will provide field and office surveys, perform research of records, and order and analyze Preliminary Title Information. The map (or legal description and plat) are subsequently prepared and submitted for review and comment to the City prior to producing mylar prints and obtaining signatures from all parties. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 16 CIV IL DESIGN APPROACH TO PAVEMENT REHABILITATION CSG has a thorough understanding of the various steps that are involved in designing pavement rehabilitation projects. An outline of the steps involved is provided in the table below. For pavement rehabilitation projects, a detailed scope of work, budget, and schedule incorporating these steps will be prepared by CSG for review and approval by the City. 1. Pavement Management Understanding Our staff is experienced in all areas of pavement management including: • Distress survey • PCI ratings • Grant administration • Establishing digout limits • Preparation of PS&E • Providing budget analysis • Providing budget recommendations • Resident engineer & inspector services • Adherence with Local Assistance Procedures • Project closeout 2. Selection of Roadway Treatments & Materials We have evaluated and provided oversight for a variety of street rehabilitation strategies such as: • Crack sealing and repair • Base repair patch digouts • Cape, chip, scrub, fog & slurry seals • Microsurfacing • Rubberized chip seals • Hot mix asphalt (HMA) overlay • Rubberized HMA (RHMA) overlay • Pavement fabric • Mill and fills • Cold in-place recycling (CIR) • Full depth recycling/rehabilitation (FDR) • Street reconstruction 3. Importance of Utility Coordination Good coordination and communication with utility companies provides a better understanding of the project, such as: • Obtaining maps quickly to identify any potential conflicts • New storm drain inlets and laterals will require knowledge of the existing utility alignments to prevent any horizontal or vertical alignment conflicts • Certain utility agencies (PG&E, AT&T) often adjust their own facilities • Selection of pavement treatment, especially for full reconstructions with excavations deeper than 12-inches, may require additional utility coordination, relocation, and design • Coordinating with utility companies to prevent utility trenching after the street has been resurfaced 4. Understanding Storm Drainage System Different types of storm drainage scope considerations to be assessed during street reconstruction projects include: • Maintaining flow line slopes across new curb ramps • Identifying reconstruction of curbs and gutters that are damaged or disruptive to existing storm drainage flows • Identifying locations requiring new storm drain inlets & laterals to connect to the existing system; plus, determining if potholing is required to confirm utility clearances • Identifying the need for new manholes or determining the constructability of connecting to existing manholes 5. Knowledge of Complete Streets Policies CSG is knowledgeable in “complete streets” design. When required and feasible, our design approach takes into consideration these users: • Vehicles • Pedestrians • Accessibility • Bicyclists • Transit STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 17 6. Complying with ADA Guidelines During design, CSG pays close attention to complying with ADA guidelines, especially for the following project components: • Curb ramps • Crosswalks • Sidewalks • Driveways • Clear widths • Longitudinal & cross slopes 7. Residents, Businesses & Facilities Considerations During development of specifications, CSG works with the City to determine considerations for residents, businesses, and facilities, such as: • Notifications prior to construction • Providing access during construction • Limited disruption duration Pavement Treatment Types CSG is familiar with several methods of pavement maintenance and rehabilitation and will identify the most feasible and economical pavement rehabilitation method that meets the City’s needs and budget. Digouts Crack Repair Pavement Fabric Slurry Seal Chip Seal Rubber Chip Seal Cape Seal HMA Overlay Scrub Seal Mill & Fill Cold In-Place Recycling Full Depth Rehabilitation APPROACH TO ROADWAY DESIGN Roadway / Complete Streets CSG has been involved in many roadway and complete street improvements for numerous public agencies. Each of these improvement projects has had its own set of challenges, which include but are not limited to existing physical constraints, jurisdictional restrictions, community opposition, and budgetary limitations. CSG will identify and understand these challenges based on discussions with the City, project stakeholders, and the community. We propose design concepts which consist of right of way and lane widths, horizontal and vertical alignment layouts, and intersection and roundabout configurations in compliance with the latest Caltrans Highway Design Manual, California Highway Capacity Manual, AASHTO’s Policy on Geometric Design of Highways and Streets (Green Book), National Association of City Transportation Officials’ Urban Street Design Guide, FHWA Transportation Research Board’s National Cooperative Highway Research Program (NCHRP) - Roundabouts: An Informational Guide, and the City’s design guidelines and standards. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 18 Curb Ramps Providing accessibility to sidewalks and curb ramps is critical for roadway projects in order to meet ADA requirements per Caltrans Standards and Specifications and City Standards. Depending on the physical constraints, there are limitations to the type of curb ramps that can be constructed. During the selection process, CSG’s staff would evaluate the existing grades, right-of-way limitations, drainage patterns and proximity to drain inlets, sign relocations, stop bars and striping, signal foundations, pull boxes, and pedestrian push button relocations. Being cognizant of these items during design will limit changes in the field during construction and prevent potential change orders. Bulb Outs Bulb outs not only effectively channelize vehicles and reduce high speed vehicle turning movements, but they also create a safer environment for pedestrians by shortening the “at-risk” crossing distance. They also provide a refuge area that gives pedestrians a greater site distance of oncoming vehicles without having to encroach into the street. Bulb outs should be designed to allow for proper truck turning movements without blocking or restricting bicycle travel and should contain gradual curves that still allow for street sweeping. Another factor to be considered is the effect on the ease-of-use of the driveway and how it affects the motorist’s ability to pull in or back out, and the required coordination between the CSG Team and the City to determine the best solution that provides the needed improvements. CSG proposes bulb outs and the associated pedestrian and bicyclist safety measures with consideration of National Association of City Transportation Officials’ Urban Street Design Guide, Caltrans Standard and Specifications, and City’s Standards. Signing and Striping Consideration should be given to include crosswalk markings, yield lines, and appropriate signage at key intersections, particularly adjacent to schools to enhance visibility and increase pedestrian safety. On a typical roadway improvement project, the stop bar, stop legend, stop sign, and crosswalk marking may require addition and relocation, depending on the pedestrian path of travel alignment between curb ramps. The proposed striping and markings should be in compliance with California Manual on Uniform Traffic Control Devices and the City’s Standard and Specifications. Beyond the typical striping and signage, the use of pedestrian awareness equipment, such as in-road-warning-lights, round and/or rectangular rapid flashing beacons, LED enhanced flashing signage, pedestrian countdown signals, street lighting, and even speed radar feedback signs, should be considered to increase the visibility, safety, and awareness of pedestrians. Coordination with PG&E to establish service connections is a key task to power this equipment. Sidewalks / Pedestrian Improvements CSG has completed many pedestrian accessibility projects throughout the State of California. CSG staff includes CASp certified personnel, in addition to ADA designers and construction inspectors. Key project components to consider include: • ADA compliance • Right of way • Funding (federal vs. local) • Materials • Bulb outs (and effect on drainage) • Shared use facilities • Right of way • Funding (federal vs. local) • Materials • Shared use facilities • Traffic Signal Integration • Signage and channelization STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 19 • Traffic Signal Integration • Signage • Crossing locations with vehicles • Separation (buffer) from vehicles (both high speed vehicles, and parked vehicles can present hazards) • Crossing locations with vehicles Bicycle Improvements CSG has completed numerous bicycle and trail projects throughout the State of California. CSG staff includes complete Streets and ATP designers with extensive experience designing class 1, 2, 3, and even the new class 4 bicycle facilities. CSG recently assisted the City of Millbrae and City of East Palo Alto on Safe Routes to School efforts that includes pedestrian improvements, signing and striping, curb ramp/ADA improvements, bulb outs, signal equipment upgrades, and bicycle facility improvements. CSG engineers are familiar with all the current bicycle standards, Caltrans standards, ADA and pedestrian standards, MUTCD ASHTO Guide for the Development of Bicycle Facilities, NATCO’s Urban Bikeway Design Guide, and ITE’s Recommended Design Guideline to Accommodate Pedestrian and Bicycles at Interchange. Water/Wastewater Improvements At the beginning of the design, CSG identifies and coordinates with all involved agencies and utility companies, and conducts meetings with them to obtain necessary as-built drawings, and to discuss, as early as possible, the scope of the project and the potential issues associated with the existing and proposed improvements. CSG prepares the necessary design concepts showing the existing and proposed improvements in accordance with the standards and specifications of the involved utility agencies and companies, other local utility services agencies if applicable, and dry utility companies for design review. Based on the inputs from these utility providers, we submit construction drawings to them for approval. CSG will follow up with all the utility agencies and companies regularly to monitor the progress of the design efforts and to ensure that each project milestone is being met on time. Stormwater Improvements CSG performs hydrologic and hydraulic analysis for existing systems, prepares drainage reports, and proposes drainage improvements using the latest versions of industry software such as HEC-HMS, HEC-RAS, and HydraFlow, following the City’s design standards. CSG also performs stormwater quality and hydromodification analysis of the permanent treatment measures using the Stormwater Quality Manual and Handbook and the Bay Area Hydrology Model (BAHM), provides runoff calculations, and prepares stormwater quality management as well as site exhibits showing best management practices (BMP), treatment devices and locations. CSG is knowledgeable in the hydrologic investigation of storm drain systems to evaluate drainage capacity, and condition assessment of existing storm drains using surface examination, internal inspection using video cameras, and confined space entry. Using the results of these basic investigations, CSG has evaluated the storm drains for rehabilitation and/or replacement using cut and cover and trenchless methods. CSG is also experienced in the design of repairs for slopes damaged by inadequate storm drainage outlets. Storm drain replacements within the street right of way generally do not present too many issues once appropriate traffic control measures are implemented. However, replacements of damaged storm pipes using open cut or trenchless methods such as pipe bursting within drainage easements within backyards, especially on steep slopes, are challenging. In many communities, residents have constructed improvements within their backyards that might interfere with the access to the damaged section of the drainage system. In these cases, gaining access to the work location over non-easement areas may be a preferred option, with the approval of the property owner. CSG staff is sensitive to this type of issues and will take all necessary precautions to minimize any disturbance to the property owners and avoid any damage to the existing improvements. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 20 APPROACH TO BRIDGES AND OTHER STRUCTURAL ELEMENTS CSG employs a proven approach to delivering building and bridge improvements, maintenance, replacement, and design projects predicated on rapid mobilization, optimized scheduling, and providing compelling solutions that lead to favorable decisions and approvals. This approach is based on our understanding of each project through distillation of the contents of the Request for Proposal, federal‐aid requirements for bridge projects, review of background information, and our past experience with similar projects. Our vision for each project is to reach consensus on a preferred alternative with the City, stakeholders and the community, and to assist in completing the environmental process expeditiously based on a design that provides the public with the best overall value and performance. Our mission is to satisfy the project goals while complying with applicable regulatory and programmatic requirements, and keeping City staff informed at all times without burdening them with the minute details. CSG will perform continuous pro‐active coordination with all stake- holders and regulatory agencies. CSG will add resources when needed by tapping into the experience of its engineers and other subconsultants as needed to meet all of the City’s needs. CSG’s engineers are experienced in the renovation, rehabilitation, and restoration of existing buildings; investigations of buildings for structural integrity, condition, and longevity; investigations of buildings for structural failures and their repair for litigation and research including expert witness; and preparation of structural, retaining wall and bridge plans in Caltrans right of way. CSG engineers are knowledgeable in California Building Code, California Residential Code, Structural Engineers Association (Blue Book), ASCE wind and seismic codes, and Caltrans Bridge Design Manual. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 21 APPROACH TO PROJECT DELIVERY CSG maintains an engineering design and construction management staff of over 70 personnel. CSG Project Managers hold weekly in-house program meetings to review project deadlines, project budgets, analyze staff utilization, and prioritize various projects. Below is our five-step process for project prioritization. 1. Project assignment begins with identifying the technical expertise required for each task, while matching it with the appropriate staff needed for the assignment. This provides the client with assurance that the work will be performed to a high standard and with an on-time, on-budget approach right from the start. 2. Once a project/task has been assigned and begins, deadlines are tracked in a “Project Summary” log and reviewed at weekly design meetings 3. Required resources for each task are reflected in a “Resource Allocation” sheet and updated weekly 4. As project/task scopes of work change per clients’ requests, additional required resources are discussed internally to ensure that appropriate staff members are assigned, based on expertise and availability. 5. CSG has longstanding relationships with other engineering consultants in numerous aspects of civil engineering. CSG frequently partners with these firms to help meet client and project needs. RESOURCE ALLOCATION PROJECT SUMMARY STAFF EXPERTISE STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 22 QUALITY ASSURANCE / QUALITY CONTROL (QA/QC) CSG’s in-house QA / QC Implementation Plan utilizes a peer review process on every project. Our dedicated QA/QC Manager, Hatem Ahmed, PE, PMP, will be responsible for the following: • Establishing guidelines & assigning accountable personnel and responsibilities for each task. • Assuring that all deliverables are reviewed, including products from subconsultants. • Monitoring the process to assure that the schedule and budget are followed. • Participating in the internal and external reviews. • Reviewing and signing off on deliverables before submittal to the clients. Our 3-Level QA/QC process which ensures quality deliverables is graphically shown below: The Implementation Plan highlights that quality control is the responsibility of every team member of our staff at every level and at every milestone of the project development processes. All deliverables, including technical engineering reports, studies, design drawings and calculations, and maps are subject to a multi- tiered approach for review to ensure that all products are checked for accuracy, correctness, completeness and conformity with the City’s municipal code and design guidelines and standards, State, Federal and regulatory agencies requirements. The QA / QC Manager conducts periodic audits of the QA / QC process to ensure that all reviews are being properly conducted and documented by all team members. Deliverables will be reviewed for: • Compliance with approved formats, criteria, specifications, and professional standards of practice • Adequacy, clarity, ease of interpretation • Consistency • Constructability • Compatibility of design discipline interfaces • Errors and discrepancies • Coordination with related designs and project elements • Integration of design disciplines • Incorporation of design changes Conformance to required environmental mitigation and governmental regulations STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 23 PROGRAM MANAGEMENT PROJECT MANAGEMENT SERVICES In managing a design or construction effort, project management is central to the services provided by CSG. We take full ownership of our efforts, seeking solutions and offering recommended courses of action, drawing upon our extensive municipal project experience. Partnerships with our clients protect their interests while supporting the communities they serve. What separates a program from individual projects is the complexity and longer duration, but also the need to work through uncertainties, refine alternatives and unify the various stakeholders through a process that focuses on identifying, prioritizing, integrating and tracking the efforts comprising an implementation plan. Despite a well-funded program with highly experienced and technically capable engineers, a project can still falter if not expertly integrated and managed to meet the budget, schedule and anticipated quality. Capital Project Development & Implementation CSG provides program-level project management, administration, and engineering services. We manage multi-million-dollar water and sewer rehabilitation programs; roadway network assessments using the Metropolitan Transportation Commission pavement management program; development and implementation of property-owner, cost-shared, sidewalk repair programs; and offer full municipal engineering staff augmentation services. Staff Augmentation—Staffing fluctuations and temporary vacancies can often disrupt an agency’s ability to provide core services. CSG offers full and part-time help on short notice. We integrate seamlessly into agencies and jurisdictions as an extension of staff to overcome temporary workload spikes, run an entire program, or assume responsibility for an entire public works, building or engineering division. Typical staff augmentation design coordination and administration duties include: • Performing initial design assessments, alternatives analysis, utility conflict analysis and services in support of preliminary design • Preparation of Request for Proposals (RFPs) and defining projects’ design intent and scope of work • Management of municipal public works projects from the preliminary design stages through project completion and acceptance, including: meeting attendance, preparation of minutes, performing plan checking, preparing and reviewing specifications and contract documents, coordination with project stakeholders and outside agencies, performing constructability reviews, managing the bidding and award process, and providing design support during project construction • Review and approval of infrastructure projects associated with development activity • Providing City Council or Board of Supervisors support through development of staff reports, exhibits, drawings, and presentation materials • Agenda review, management, Public Works, and City Council meetings as requested • Assist the Director of Public Works with various administrative tasks as requested • Identification and development of capital projects for inclusion in the CIP • Assist the City Attorney regarding legal issues and litigation matters • Review of EIRs and other technical documents and requests from other agencies • Conduct research, analysis and investigation, provide technical assistance • Prepare written reports on various Public Works projects, efforts and functions • Identify grant and loan funding opportunities, and develop project scopes • Perform necessary tasks for grant administration, reporting and compliance • Provide technical assistance on solid waste issues as needed • Identify cost-effective, long term water and energy conservation programs and projects STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 24 Program Management—CSG is experienced in management of a variety programs including Wet Weather Programs, Joint Jurisdictional Sewer Line Replacements, Water and Sewer Bond-Funded Capital Improvement Programs, Public Facilities Improvement Program. Federal and State Grant Administration—CSG excels at guiding projects through the CEQA/NEPA approval process and navigating the federal project administration, entitlement and authorization process utilizing the Caltrans Local Assistance Procedures Manual. CSG was asked by six different agencies to expedite, manage and administer their American Recovery and Reinvestment Act (ARRA) Stimulus Package projects. Work scopes involved completing the mandatory Field Review and Preliminary Environmental Study (PES) forms, working with Caltrans Local Assistance to obtain the needed environmental clearance (NEPA), preparation of the Request for Construction Authorization (E-76) package, and completion of the plans and specifications. CSG also assisted in the continued delivery of construction management projects by providing Resident Engineer, construction administration and inspection services. Utility Coordination As part of the program management role, CSG staff coordinates with various utility companies that have facilities within a project area to request mapping of their facilities, eliminate utility conflicts, notify utility companies of their facilities which need to be relocated because of the proposed improvements; and discuss the Project and utility adjustment schedules. Utilities potentially impacted by the proposed improvements within the Project area will be shown on plans. CSG can prepare utility letters with correspondences to utility companies and the City. CONSTRUCTION MANAGEMENT AND INSPECTION CSG’s experienced construction managers and inspectors have provided construction management for all types of public works infrastructure projects including transportation, development, underground utilities, parks and public facilities. Our personnel are familiar with Standard Plans and Specifications for public works construction and Caltrans Standard Plans and Specifications, and use the provisions along with agency standards, project plans, specifications and other applicable reference documents to enforce contract provisions. Most CSG construction managers have served as Resident Engineers on government agency projects and are accustomed to incorporating the higher standard of project documentation. We employ a web-based, integrated project control system monitoring all project documentation including correspondence, submittals, RFIs, diaries, schedules, material testing, contract change orders and progress payments. We also furnish photo and video documentation. Resident Engineer Our Resident Engineers act as jurisdictional agents during the construction of CIP projects and are responsible for the successful completion of construction by overseeing the contractor’s activities. CSG staff is responsible for ensuring that all work is built to the standards defined by the contract documents. Typical duties performed by CSG’s construction managers include: • Communicating and coordinating with project participants including the jurisdiction, contractor, testing forces and regulatory/permitting agencies; • Monitoring and assessing project budgets and providing cost control; • Tracking project progress against the schedule and contract duration; STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 25 • Resolving project issues that may cause project scope, cost or duration to vary; • Completing contract administration paperwork including, but not limited to RFI’s, submittals, potential change orders, progress payments, and potential claims; • Supervising construction inspection efforts; • Coordinating and participating in weekly progress meetings to discuss and resolve project issues; and • Reviewing and ensuring the accuracy of the contractors’ red-lined record drawings, preparing the final punch list and overseeing punch list item resolution. Construction Inspector Our inspectors are responsible for observing, measuring, and documenting the contractor’s operations. Typical duties performed by our inspectors include: • Fully understanding requirements in plans and specifications, and maintaining an open dialog with the contractor and construction manager for clarifications as necessary; • Monitoring and coordinating operations with contractor to ensure that critical operations are observed; • Bringing unacceptable work or material to the attention of the contractor and, if not resolved promptly, bringing the matter to the attention of the construction manager for resolution; • Maintaining complete, up-to-date and accurate diaries and photo logs to reflect equipment utilized; compliance with contract documents; work completed including the location, quantity and methods; testing results; communications with the contractor including instructions, suggestions and requests; instructions from the engineer; and communications with the public or other agencies; • Reviewing construction staking; and • Reviewing, measuring and calculating quantities for progress payments and seeking concurrence with the contractor. Constructability Reviews If given the opportunity and requested by the City, constructability reviews will allow CSG and the City to determine the biddability and the build-ability of the project. CSG will provide the City with a review of all contract documents and permits. CSG will identify conflicts or any changes required in the contract language to meet the intent of the contract. The goal will be to construct the project safely, on schedule and within budget. Some of the elements CSG will look at include, but not limited to: • Site logistics and constraints • Environmental impacts of proposed construction methods • Clarity of contract documents • Technical Constructability • Compatibility of contract plans, specifications and applicable standards • Subsurface soil data • Scheduling requirements • Construction phasing if necessary • Erosion and sedimentation control • Maintenance and protection of traffic • Local event conflicts • Utility clearances for constructability and project schedule • Access to properties and businesses by pedestrians during construction • Long lead-time items Constructability reviews will establish project duration, milestone dates and other applicable construction parameters, which will help in developing a clear and reliable critical path method (CPM) project schedule. CSG will value engineer the project to assure that it will be constructed as economically and efficiently as possible. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 26 PLANNING CSG currently provides complete planning services for multiple jurisdictions that include the following services: Full-Service Project Management: We provide full-service project management for priority development projects. Our project managers are seasoned planners with extensive experience managing complex, high- profile projects that require an elevated level of engagement and coordination for success. This program offers a dedicated, single point of contact to spearhead a project’s entire development review process from conception to completion. Acting on the City’s behalf, this person functions as a liaison between the City and the development team by monitoring the process and overseeing regulatory approvals and working toward meeting project timelines for both the City and applicant. Land Use Planning: CSG reviews land use policy for the development and management of urban areas, including Current Planning, Specific Area and General Plan amendments. We manage the development of long-range planning initiatives while assuring compliance with regional and state mandates. Development Review: CSG reviews planning applications for land use compatibility, including site plan review, subdivisions, improvement plans, design review, conditional use permits/variances and many other entitlement applications. All reviews are thoroughly checked for compliance with applicable Federal, State, and agency standards including Planning, Zoning, Subdivision Ordinance, California Environmental Quality Act (CEQA), and other applicable laws. Program Management Services: As an extension of jurisdiction staff, CSG can take on internal roles such as overseeing the preparation of technical memos and staff reports as well as taking the lead on presentations to neighborhood groups, stakeholders, committees, commissions, City Councils and/or Boards of Supervisors. CSG can manage specific planning programs relevant to the community (MWELO, ADUs, Cannabis Uses). Other relevant planning services include, but are not limited to, amendments or updates to Municipal Codes, resolution of community-wide issues, delivery of projects and the handling of general inquiries on planning procedures and protocols. Environmental Analysis: CSG reviews or prepares the required environmental documents including initial studies, mitigated negative declarations, mitigation monitoring plans/programs, and environmental impact reports for planning projects pursuant to CEQA, including management and review of any necessary consultant contracts for technical studies. GIS Services: With experts in the field of information management, CSG can help establish and/or maintain an agency’s Geographic Information System (GIS), creating the capacity to collect, manage, customize, analyze, and distribute information that is tied to a location through layers in a map-based environment. STATEMENT OF QUALIFICATIONS TO THE CITY OF ROHNERT PARK CONSULTANT SERVICES FOR THE CITY OF ROHNERT PARK 27 Exhibit B: Hourly Rate Sheet for First Year CSG services are billed on a time-and-materials basis according to our Standard Rates, shown below. Professional Engineering Services 2020 Hourly Rate Engineering Trainee $60 Administrative Assistant $80 Analyst $130 Engineering Designer/CASp Inspection & Consultation $140 Construction Inspector $145 Senior Analyst $155 Assistant Resident Engineer $170 Assistant Engineer $145 Associate Engineer $170 Senior Construction Inspector $155 Senior Engineer $200 Senior Land Surveyor $200 Resident Engineer $200 Structure Representative $200 Senior Structural Engineer $220 Senior Project Manager $220 Principal Engineer $230 Senior Principal Engineer $250 Two-Person Survey Crew $330 Planning Director $200 Planning Manager $185 Principal Planner $170 Senior Planner $155 Associate Planner $140 Assistant Planner $125 All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. CSG will coordinate the pickup and return of plans to and from CSG offices. Overtime work will be billed at 1.5x the hourly rates indicated in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will mail/email an invoice every month for services rendered during the previous month. 6 S E C T I O N Green Valley Consulting Engineers City of Rohnert Park| On-Call Consultant Services Exhibit A Our Santa Rosa office has complete engineering, surveying, and construction management/Inspection capabilities and because of this we are able to provide a reliable team able to assist in a broad range of services to our municipal clients. Our team members are all cross-trained and capable of filling in on assignments ranging from plan check services such as that provided to the City of Santa Rosa on private development applications to full engineering design of CIP projects for all the North Bay municipalities including water and sewer system upgrades, pump station design, and roadway design and rehabilitation. Our Construction Management and Inspection (CM/CI) staff at Green Valley have the capabilities of managing and inspecting virtually any private or Public Works infrastructure project. We contract with Agencies to perform in-house encroachment permit inspections that can range from a single lot needing a grading permit via the encroachment permit process to full roadway frontage improvements associated with major subdivisions, as well as the inspection of the minor and major subdivisions. We manage both small and large scale public infrastructure projects that range from a single water main installation within an established and older neighborhood street to multi-million dollar water, sewer, storm drain and roadway reconstructions that upgrade entire blocks of a City. All services are capable of being completed turn-key by our in-house staff. Scope of Services We have not included detailed scopes for any particular type of project but have instead showed our experience via the examples included in the Appendix. Listed below are those services that our firm can provide upon request. Engineering The City has outlined a number of potential services that they may require assistance on with this master agreement. Many of those services come under the heading of Engineering, which is primarily focused on private development via plan checking, CM/Inspection of encroachment permits and private subdivisions among other assignments. Listed below are those services which Green Valley can perform due to our extensive experience providing the same to other agencies, as well as our current work with the City of Rohnert Park. • Private development grading permit review • Water Efficient Landscaping Ordinance reviews • Water Efficient Landscaping Ordinance field auditing and reporting • Final Map review • Construction Management Services Green Valley Consulting Engineers City of Rohnert Park| On-Call Consultant Services Exhibit A • Construction Inspection Services • Development and Agreement Coordination • Public presentation and outreach coordination • Surveying services • Low Impact Development Design Review • Sonoma County Water Agency Flood Control Manual development review • Public Outreach Services Contained within the Appendix are some of the clients and projects for which we have provided similar services. We have or are currently providing WELO reviews for the City of Santa Rosa, along with private development plan checks and final map reviews. Current City of Rohnert Park projects on which we are working include: • University District Development • Bella Creek Development • Bristol In-Tract Development • Keiser Road Improvements Capital Improvement Services Under the heading of Capital Improvement Services (CIP) the City desires to contract with firms that have capabilities in a number of specialties that are associated with public infrastructure improvements. This work requires a strong understanding and familiarity with the City’s standards as well as Caltrans and various federal design and permitting requirements and standards, the subdivision map act and City municipal codes. Typically CIP projects will vary from feasibility studies to large design projects such as water and sewer main upgrades to road rehabilitation. Associated with the CIP work would be CM/CI work, surveying, engineering design services, drafting, and project management. Following are those services that Green Valley can provide the City. • Municipal utilities such as water (including wells, pumps, tanks, pipelines), sewer (including pumps, inflow and infiltration), recycled water, storm water. • Mapping services • Feasibility Studies • Drafting Services University District Aerial View Bella Creek Development Green Valley Consulting Engineers City of Rohnert Park| On-Call Consultant Services Exhibit A • Professional Engineering Services • Design Services • Technical Specification Creation Services • Construction Management Services • Construction Inspection Services • Project Management Services • Federal Project Management Our staff are interchangeable with their experience and expertise, allowing you the peace of mind if an emergency arises and a staff member needs to be substituted for a day. Green Valley’s CM team earns the accolades all the way from our clients to the contract team members and our finished projects are routinely recognized by peers with Engineering Excellence Awards. The City requires a consulting team that has successfully worked on similar Public Works CIP and private development projects, is knowledgeable of construction methods and means, can integrate seamlessly with all team members and has the personalities and approach to be proactive to address concerns that arise before they become “issues”. Our team members are experienced in coordinating activities within the public right of way as well as understanding the requirements of “off-site” private work; working with aggressive design/construction schedules; and taking a proactive approach to identifying and managing potential issues before they impact schedule and cost. Our team knows to work in the City’s best interest at ALL times while delivering successful projects. Summarized within our Appendix are a number of projects and services that fit what the City is looking for. We have not prepared a specific scope of work for any one type of project at this time. We can certainly provide examples of typical scopes provided for services…from plan checking to design to CM and Inspection upon request. Understanding and Scope for Administration of Federally Funded Projects For those projects with Federal Funds, the construction administration and administration of the project shall comply with the most recent federal requirements, Caltrans Local Assistance Procedures Manual (LAPM), and other relevant Federal Highway Administration (FHWA) guidelines. The detailed scope of work is outlined below in accordance with Caltrans’s recently updated Construction Oversight Information Notices (COIN). The Caltrans Local Assistance Program Caltrans Oversight Green Valley Consulting Engineers City of Rohnert Park| On-Call Consultant Services Exhibit A Information Notice, or “COIN” for short, are single-topic bulletins intended to provide outreach information and guidance to local agencies on all issues pertaining to the Federal-aid projects. • Project Files and Organization -Assist the City in setting up and organizing the files in accordance with Caltrans recommended Project Record Filing System for locally administered federal-aid projects. • Assist the City’s Project Manager in submitting the required DBE/UDBE information to Caltrans within the required time. • Coordinate with the City to obtain and review Contractor’s federally required submissions for the preparation of contract award package to be submitted to Caltrans. • Prepare the federally required exhibits ·for construction award package after the contract is awarded. • Coordinate and follow up with Caltrans, and incorporate comments on the award package. Follow up with Caltrans’s Oakland office to ensure that the submission package has been reviewed, and properly processed through appropriate divisions. • Review the requirements of Chapter 16 of LAPM, Caltrans Construction Manual, City’s approved request for authorization, contract award package, and other federal requirements with the City’s Project Manager, and our Project Inspector. • Assist the City’s Project Manager in obtaining Contractor’s monthly employment reports. • Quality Assurance Program (QAP) – Coordinate with an approved lab or utilize the County of Sonoma in performing all materials testing for the project. • Prepare reimbursement invoices to be submitted to Caltrans for the City’s Project Manager’s signature. Follow up and coordinate with Caltrans Accounting Division in Oakland to ensure timely processing of the invoices. • Upon completion of construction, participate in the final job walks, prepare a punch list, ensure timely submittal of the federally required documents by contractor, prepare the final reimbursement invoice, the exhibits required for the project completion package, and submit the completion package to Caltrans. • Schedule a final job walk with Caltrans Local Assistance Engineer and the City’s Project Manager; assist the City’s Project Manager with the process, incorporate Caltrans comments and questions on the City’s project completion package, and final invoice for the reimbursement of federal funds. Exhibit B municipal engineering civil engineering construction management construction inspection Restoring Yesterday…Creating Tomorrow 335 Tesconi Circle, Santa Rosa, California 95401 ꞏ web www.gvalley.com ꞏ tel 707.579.0388 ꞏ fax 707.579.3877 FEE SCHEDULE GREEN VALLEY CONSULTING ENGINEERS Hourly Rates (Effective January 2020) *Prevailing wage rates subject to DIR increases Expert Witness Principal Project Manager $450/hr Plus Expenses $225 $180-$225 Project Engineer Staff Engineer Survey Crew $135-$210 $125-$165 $180-$240 Professional Land Surveyor Construction Manager $175 $180-$225 Assistant Construction Manager Construction Inspector Construction Inspector II Overtime Construction Inspector II Night $150-$215 $135-$175 $160-$185 $165-$210 Prevailing Wage Overtime Prevailing Wage Double Overtime Prevailing Wage Night Prevailing Wage Night OT Prevailing Wage Night OT Double Field Personnel CAD Technician Administration/Word Processing Vehicle Rate $160-$185* $210* $165-$185* $185-$205* $235-$250* $95-$125 $115-$145 $75-$100 $8.00/hour Employee time will be billed in accordance with the fees listed above. For non-professional employees, time spent over 8 hours per day, time spent on evening or night shifts, and time spent on Saturdays will be charged at 1.5 times the hourly billing rate. Time spent in excess of 12 hours a day or work performed on Sundays or holidays will be charged at 2.0 times the hourly billing rate. All field personnel charges are portal to portal. Professional employees will not be charged out at premium charge rates for overtime work. Use of Company-Owned Equipment and Specialized Supplies The cost of using company-owned equipment and specialized supplies is included in the hourly rates billed to our projects. Miscellaneous External Expenditures Miscellaneous external expenditures, such as those costs associated with blueprints, and reproduction of originals will be billed at the actual cost. Subconsultant charges will be billed at cost unless specified otherwise. Mileage will be billed at current IRS rates. City of Rohnert Park  GMOC82020.2020  3 2. EXHIBIT A: SCOPE OF SERVICES Firm Qualifications Kimley-Horn is a full-service engineering, planning, and environmental consulting firm providing services to both public and private sector clients nationwide. Founded in 1967, Kimley-Horn has grown from a small group of traffic engineers and transportation planners to a firm of more than 4,300 employees in 92 offices nationwide, 11 of which are in California, including Pleasanton, Oakland, San Jose, and Sacramento. Our well-established Pleasanton office—which currently staffs more than 50 engineers, planners, designers, and support staff—has worked for public agencies and municipalities for nearly 30 years, thus giving us broad local project experience. Kimley-Horn’s continued growth and stability over the past 53 years is the direct result of our firm’s commitment to integrity and dedication to providing quality services. According to Engineering News-Record, our firm now ranks 17th overall among the nation’s top 500 design firms. We offer clients the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm can offer. Our team is committed to providing the City with high-quality solutions that exceed your expectations. Kimley-Horn offers a variety of specialty services relevant to this on-call contract, including: »Civil engineering design services »Roadway design »Streetscape planning and design »Safe routes to school design »Pedestrian and bicycle facilities planning and design »Roundabout concept and design »Traffic engineering, traffic operations, and transportation planning »Traffic signal design and upgrades »Traffic studies »Traffic calming studies »Systemic Safety Analysis Reports (SSAR) »Road Safety Signing Audits (RSSA) »Road Safety Audits (RSA) »Traffic control plans »Traffic management center support and integration »Signing and striping design »Plan review »Signal timing »Corridor analysis »Signal coordination studies »Traffic simulation/modeling »Railroad pre-emption »Street lighting »Intelligent Transportation Systems (ITS) »Parking analysis, studies, and design »Transit planning and design »Plan check services »Grant writing and administration »Environmental support services »Public outreach »Staff augmentation 53YEARS 92OFFICES 4,300+ EMPLOYEES City of Rohnert Park  GMOC82020.2020  8 3. EXHIBIT B: HOURLY RATE SHEET Hourly Rate Schedule Staff Classifications Hourly Rate Ranges* Support Staff $90 to $130 CADD/Designer $110 to $150 Analyst I $120 to $140 Analyst II $140 to $165 Professional I $165 to $175 Professional II $175 to $220 Sr.Professional I $220 to $255 Sr. Professional II $260 to $320 *Hourly rates are reviewed yearly and are adjusted as needed on July 1 »Other direct costs include outside printing/reproduction, delivery services, USPS, miscellaneous field equipment/supplies, and travel expenses, will be billed at actual cost; mileage will be billed at the current federal rate »A charge of indirect expenses (currently at 4.6 percent) will be added to the labor fees shown above to cover routine expenses such as local mileage, copying, faxing, mail, telephone, in-house blueprinting, computer, etc. Description: Our goal is to realize designs and recommend options that maximize site utilization, actualize facilities & functions for optimum efficiency, while satisfactorily meeting the needs of City of Rohnert Park and ultimately providing a safe environment for public personnel and private citizens. We command a tiered team structure, with a Principal engaged in each project or series of projects, to oversee and streamline the collective efforts of both the in-house team members and trusted consultants. LCA intends on collaborating continually and consistently with City representatives, and applicable stakeholder groups, to prioritize needs, while developing a project scope list that fulfills the visions of the City and exists comfortably within established budgets. LCA’s ability to ensure that projects are completed on time depends on the creation of a highly effective team of consultants, with an emphasis on collaboration, communication, trust, and accountability. Common goals and deadlines are established so that the team can collaboratively work through the design, bidding and construction phases for timely delivery of quality projects. LCA Architects’ Primary Services • Cost Modeling and Estimating •Value Engineering • Bidding & Construction Administration •Construction Management • Project Close-Out • Public Agency Presentations • Public/User Group Facilitation • Rendering & Graphic Exhibits/Presentations • Computer 3-D Visualization •Traffic and Site Studies • Program Simulations • Historical Restoration • Bridging Documents • Post Occupancy Evaluation • Planning Services • Facility Needs Assessment • Building Condition Surveys • Site/Facility Master Planning • Programming • Feasibility Analysis • Architecture & Design Services •Interior Design •Construction Documents/Specifications • Project Scheduling •Technical/Material Research • Color Selection •LEED & CHPS Certification • Code Analysis Exhibit A: Scope of Services Offered A CALIFORNIA CORPORATION  590 Ygnacio Valley Road, Suite 310 • Walnut Creek, CA 94596 • 925. 944.1626 1970 Broadway, Suite 800 • Oakland, CA 94612 • 510. 272.1060 www.lca-architects.com.com EXHIBIT B  LCA ARCHITECTS, INC.  2020 HOURLY FEE SCHEDULE*  DESCRIPTION HOURLY RATE  Principal $220.00  Associate $190.00 to $200.00  Project Manager  $200.00  Construction Manager $155.00 to $190.00  Project Architect $135.00 to $190.00  Quality Control Manager $195.00  Specifications Writer $195.00  Job Captain $125.00 to $135.00  Designer  $125.00 to $180.00  CAD Tech  $125.00 to $145.00  Project Coordinator  $120.00 to $135.00  Administration/Research/Presentations $90.00 to $125.00  Clerical $120.00  Architectural Animation – Preparation of computer  generated views, renderings and simulations of  architectural interiors and exteriors.  Preparation  of video “fly‐by’s,” walkthrough’s, and other  simulations.  $175.00/hr.  Expert Witness – Review of documents, meetings,  site visits, telephone conferences, administration of  the documents and materials, research, deposition,  testimony, court appearances, and travel time.  $500.00/hr.  Perspective Sketches and Renderings, Visual  Simulations  On a Per Drawing Basis  Mileage (outside of the Walnut Creek area)  **as adjusted by IRS guidelines  0.575/mile**   Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print  mounting, long distance phone calls, postage, express mail, and travel outside the Walnut Creek  area will be billed on a reimbursable basis: at cost plus 15%.  Overtime ‐ If overtime is required by staff, to meet a customer’s timing request, additional hourly  fee charges may apply.  California employment law will apply.  *Effective 01/01/2020. Subject to change quarterly. STATEMENT OF QUALIFICATIONS 3 INTRODUCTION MOE ENGINEERING Since 1995 Moe Engineering has been providing civil engineering design, municipal engineering staff augmentation, CIP program/project management, construction management and inspection services to local agencies. John Moe, Principal Engineer, is both a registered Civil Engineer and Land Surveyor in the state of California. For over 25 years our firm’s focus has been on delivering design and engineering assistance to local agencies. Our professional engineering services include the following: ENGINEERING SERVICES • Development Review - Engineering plan review services for Public Improvement Plans, Subdivision Maps, Commercial and Residential development projects including but not limited to the following services: • Private development grading permit review • Final Map review • Development Agreement coordination • Public Acceptance Package coordination • Low Impact Development design review • Sonoma County Water Agency Flood Control Manual development review We work closely with local agency staff in reviewing development project applications and submittal documentation for compliance with local agency policy, codes, standards, specifications, and local, state, and federal regulations. We understand the industry terminology, methods, and practices associated with public and private improvements and the development review process. We have the written and verbal skills that are essential to properly communicate the plan review comments and conditions of approval for the development review applications and the diverse range of submittal documentation. We have created and continually update plan review check lists for various agencies. Our work requires that we communicate regularly and effectively with city staff. • Staff Augmentation Services • Surveying services • Design Services • Drafting Services • Feasibility Studies • GIS data collection and mapping services CAPITAL IMPROVEMENT SERVICES • Engineering Design: Preparing Plans, Specifications & Estimates (PS&E) - Civil engineering and surveying services for PS&E, bid support, design services during construction including but not limited to the following services: • Municipal utilities including water tanks, pipelines, feasibility studies; sanitary sewer pipelines; and storm water pipelines and facilities. • Roadway, bike and pedestrian pathway facilities. • Technical Specification preparation STATEMENT OF QUALIFICATIONS 4 • Construction Management & Inspection - Site observation/inspection of construction activities, review of environmental mitigation requirements, project closeout and record drawing review. • Program Management - Management of Public Works facilities including streets, utilities, bridges, and other federal-aid projects. We offer the knowledge and experience that comes from having supported public works staff with various aspects of project and program management, including funding applications, staff reports, council presentations, agency and consultant coordination, project design, permit application (environmental coordination, Caltrans authorizations), securing right-of-way (certifications, etc.), bid advertising, contract award, construction inspection, invoicing, and project closeout (including Caltrans process review and audits). Moe Engineering has extensive experience designing, managing, and coordinating local, state, and federally-funded grant projects. We have worked closely with Caltrans Local Assistance staff and Caltrans Structures Local Assistance and are very familiar with the Local Assistance Procedures Manual. In addition, we continue to assist several agencies for updating their annual Disadvantaged Business Enterprise (DBE) Program and calculation of DBE goals for specific projects. We also have experience designing and soliciting bids for Sonoma County Community Development Commission Block Grant (CDBG) funded projects. We provide construction management and inspections services for several of the same agencies that we provide the other staff augmentation services. Our many years providing these services demonstrates our ability to effectively communicate and maintain working relationships while managing complex projects and diverse engineering assignments. EXHBIT B FEE SCHEDULE Effective 2020 =============================================================== Principal $212.00/hour Senior Engineer $185.00/hour Land Surveyor $185.00/hour Associate Engineer/Inspector $160.00/hour Assistant Engineer $143.00/hour Engineering/Survey Technician $133.00/hour Drafting Technician $116.00/hour Administrative Support $ 80.00/hour Field Survey Crew (2-person) $297.00/hour All charges and fees including subconsultant fees, cost of prints, copies, travel, telephone toll charges and other non-labor related expenses paid by this firm to others on behalf of the client shall be billed at the cost of the charge or fee plus 15% handling and accounting fee. All invoices are due within 30 days of the date of the invoice. Annual rate escalation will be calculated at 3% on a calendar-year basis. Enhancing Lives Through Infrastructure opcservices.com PAGE 16Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Scope of Work IMPLEMENTING THE SERVICES OPC’s Program Management approach will start with a meeting with City staff to determine the project requirements and objectives and establish approved forms to be used in the program. We will establish lines of communication and reporting and establish reporting requirements. OPC will create a comprehensive Right of Way Plan in compliance with the City’s adopted Right of Way Policies and prepare a more refined schedule for completing the work. OPC’s Right of Way Plan and schedule will list each task and identify the activities that must be accomplished. Our approach to project management will include the following scope: Upon Notice to Proceed, OPC will order and review applicable title through First American Title (or the City’s preferred title company). The title will be reviewed to make sure there are no encumbrances that cannot be removed administratively by the Title Company. Any parcels with items that cannot be removed by Title may have to be prioritized for condemnation to receive clear title. OPC will also depend on the Title Company to assist our in-house title and escrow coordinator with closing services. PROJECT MANAGEMENT PRELIMINARY TITLE & CLOSING • Comprehensive initial project planning, including policy and budget analysis • Tracking/managing all budgetary-related, recordkeeping, and regulatory compliance aspects of the project associated with OPC’s Scope of Work. • Maintaining OPC’s SharePoint System (ProjectOne®). More information on ProjectOne on page 30. • Assisting with development of administrative policies, procedures, and forms. • General consultation/project coordination with client and project team members. • Manage and attend meetings for Project Delivery, City meetings, Advisory Committee meetings, and other public and stakeholder’s meetings. • Preparation of tracking reports to monitor completion of project milestones. • Preparation/presentation of monthly written status reports. • Coordination with federal/state oversight agencies. • Prepare a risk registry with foreseeable challenges to budget/schedule (and list of viable solutions). Scope of Work Tracking and managing all budgetary-related aspects of the project associated with OPC’s Scope of Work. Providing as-needed status updates to the City via email or telephone. Status reporting will be handled by Steve Harris. Preparation of tracking and status reports that monitor the completion of tasks and project milestones. Preparation for the City of a final summary report. Report will be accompanied with all relevant documents. Steve Harris to provide QA/QC of all staff and work product associated with the City’s projects. Enhancing Lives Through Infrastructure opcservices.com PAGE 17Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC ProjectOne PROGRAM MANAGEMENT COMMUNICATION PORTAL EXTRANET TECHNOLOGY CUSTOMIZED PROCESSES CLOUD BASED COMPUTING QUALITY CONTROL ProjectOne® Project sites are SharePoint-based data repositories of key information and documents related to the project, including high-level Program Management elements. More details on ProjectOne® on page 25. ProjectOne® offers a state- of-the-art communication platform for the project team. It provides an innovative portal to access all of the intricate pieces of the project in one centralized location, making communication between the project team effortless. Extranet technology allows our clients a secure and controlled access to OPC resources. Authorized users have 24/7/365 access to select ProjectOne® sites. ProjectOne® can be customized to specific project requirements at the time of set-up and modified along the way to handle all project related requirements. OPC utilizes a world- class, cloud-based system to simplify access to our project information and offer 99.9% uptime. Additionally, our teams have access to ProjectOne® from practically anywhere. The goal of the Project Site is to provide an organized and transparent place for managing the project assuring consistent application of policies and the highest level of Quality Control. QC HIGHLIGHTS OF OUR PROJECT MANAGEMENT SYSTEMS Enhancing Lives Through Infrastructure opcservices.com PAGE 18Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Scope of Work/Approach RIGHT OF WAY ACQUISITION SERVICES CONTACT NEGOTIATION OPC will perform all work that is necessary or advisable in a manner that adheres to all professional standards and ethics, and all applicable laws and regulations including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act”) or Title 25, California Code of Regulations, and its amendments. For each Task Assignment, we will personally contact each affected owner in person as reasonably possible and represent the City and its intended program. We will orchestrate all questions and concerns with our contact at the City and will be the proactive middleman between the City and each landowner. Negotiations will follow the path of good-faith negotiations utilizing an integrative approach for maximum results. Our team members are skillfully-trained in this type of negotiation and have mastered the art of win-win settlements. The benefits of this integrative approach are cost effectiveness and a reduction in project delays (due to fewer court actions and adherence to project scheduling). This, in turn, results in an increase in the public’s confidence in the City. Our objective is to build trust on your behalf. Equally important is our maintenance of an adequate record and project controls document. OPC’s team has dedicated Project Coordination staff assigned to this function to ensure that all documents are quality checked, and properly stored for accountability. We will provide timely responses to the verbal or written inquiries of any property owner, lessee, licensee, occupant, or other holder of a compensable interest, as applicable, not more than five (5) working days after the inquiry. We will prepare acquisition packages in accordance with the City’s Manual to include an offer letter, summary statement, Memorandum of Agreement, property plat/ sketch, and the City’s acquisition brochure. The most important aspect of acquiring private property under the threat of eminent domain is to establish and maintain a good, respectful and trusting relationship with the property owner. These relationships go a long way to ensure a timely, cost-efficient and fair outcome both for the successful completion of the project as well as the continued support and satisfaction of the communities it serves. Our goal is always to achieve a “win – win” result for all right of way activities. From the outset, OPC’s staff will be in the field, knocking on doors to meet property owners and begin the process of establishing a close rapport and professional relationship, opening that all- important communication channel to answer questions, calm fears, discredit rumors and give accurate information related to Project scheduling objectives, progress and outcomes. Upon establishment of just compensation by the City (which will be made prior to the initiation of negotiations), OPC will craft individual offer and agreement packages for each needed ownership and have them signed by the City’s authorized representative prior to presentation of First Written Offers (FWO). Every effort will be made to present the FWO in person (when possible) within one week of the approved appraisal with an outside window of no more than 30 days. Enhancing Lives Through Infrastructure opcservices.com PAGE 19Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Scope of Work/Approach Offers will be presented to all parties with a compensable interest, including property owners and occupants (tenants/lessees) owning improvements pertaining to the realty. If a meeting cannot be arranged, the acquisition agent will attempt to make telephone contact with the property owner, prior to sending the FWO package by mail (return receipt requested) and follow up with personal meetings. FWO packages will include a summary appraisal statement or full appraisal where required by law, and an information pamphlet on eminent domain. The appraisal report and all offer documents will be explained in detail and reviewed with the property owners and, if necessary, tenants with a compensable interest. Agents will continue their “good faith negotiations” and follow in-person meetings, as necessary, with written correspondence, counter- offer packages (if any), purchase agreements, easements, grant deeds and other documents necessary to complete the acquisition. The acquisition agent will respond to all questions about the offer and process and will maintain phone and/or personal contact with owners to facilitate settlements. Our experience has shown us that personal contacts increase the likelihood of amicable settlements. Acquiring property through negotiated settlements may necessitate greater levels of effort and, where appropriate, will continue even after pre- condemnation proceedings have been initiated. When a conditional settlement has been reached that is subject to review and approval by the City, the acquisition agent will provide the City with a written report for consideration. If an administrative settlement appears to be prudent, reasonable and in the public interest, the acquisition agent will prepare a settlement discussion memorandum reviewing the issues and providing support for any settlement beyond the approved appraisal amount. If a settlement with owners and other required interests is reached pursuant to the City’s approved appraisal or an administrative settlement, the acquisition agent will prepare a Memorandum of Settlement (MOS). After being checked for quality and consistency, the MOS will be transmitted to the City within one week of receiving the owner’s signature on the required documents. Conditions of title and escrow instructions, including title exceptions, will be reviewed and the disposition of each exception will be addressed in the MOS and escrow instructions to the title company. OPC agents will coordinate escrow with First American Title (or City’s preferred title company), including securing re-conveyance and subordination agreements as necessary, and obtain title insurance policies after the close of escrow. OPC agents will complete all final close-out work per City requirements. Throughout the entire acquisition process, OPC agents will maintain all acquisition files including acquisition logs, accurate and current records of all pertinent information, and contacts concerning the property owners and tenants. SETTLEMENTS Enhancing Lives Through Infrastructure opcservices.com PAGE 20Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC • Mail a “Notice of Decision to Inspect” letter and acquisition policies brochure to the property owner requesting permission to conduct an on-site inspection of the property, advising them of their right to accompany the inspector, and requesting information regarding the property which could influence the acquisition value. • Inspect each property personally with the owner (if possible) and document the inspection with photographs for use in the report. • Prepare an estimate of the probable cost of each temporary easement interest, including (if applicable) damages to improvements, using created data sets from various real estate value databases. • Prepare the waiver valuation report, typically formatted according to Federal and State guidelines. • Provide QA/QC of final work product, submit to client and other Project Team members and respond to inquiries. WAIVER VALUATIONS WAIVER VALUATIONS In certain circumstances, waiver valuations may be used in lieu of appraisals and appraisal reviews. The following outlines the scope of services expected when completing waiver valuations in accordance with federal regulation 49 CFR 24.102(c)(2) and the Caltrans Right of Way Manual: RIGHTS OF ENTRY Steve Harris, Project Manager, will provide Right of Entry (ROE) services. Steve is highly- experienced in this scope of work as he has obtained numerous ROE for OPC’s projects, including 40+ ROE for SAFCA’s Natomas Levee Project. OPC will confirm the number of separate Right of Entry permits will be required for the City’s assignment. The following outlines briefly the scope of work expected in obtaining ROE permits: 1. Draft Right of Entry (ROE) documents and secure approval as to form from the City. 2. Establish personal contact with property owners, wherever possible; present details of ROE. 3. Negotiate with property owners and secure execution of required agreements. 4. Provide regular status updates to any relevant parties associated with the Project Team. 5. Facilitation of any payments from the City to private property owners, via mail. 6. Reasonable assistance to project survey team with special owner request and access concerns. Scope of Work/Approach Enhancing Lives Through Infrastructure opcservices.com PAGE 21Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Scope of Work/Approach All displacees will receive advisory assistance referrals to replacement sites. We have decades of experience and have developed techniques to relocate hard-to-house displacees into DS&S housing. We will explain the relocation process and how reimbursement for actual, reasonable, necessary, and eligible expenses will occur, including the steps necessary to document and verify their entitlement. Our relocation team will search for replacement housing that meets the family size and the work/ school/church needs that are within their financial means. Once a replacement site has been identified and secured, we will help the displacee obtain moving bids from eligible, licensed, and qualified moving contractors that we have fully vetted. Our relocation team excels because of our compassionate relocation advisors. Team members have experienced and worked through hardships with displaced families and are equipped to implement a smooth transition into a new home. OPC agents will conduct a walk-through of the vacated property to ensure that it has been left in a swept – clean state and that no personal items have been left behind, particularly furnishings or hazardous waste that will require the City to dispose of. Also, unless negotiated ahead of time, we inspect to make sure built-in appliances or other attached items that were part of the appraised value/purchase price have not been removed. Our agents have a primary goal of trying to keep viable businesses going. As business professionals ourselves, we like to seek out all angles for the continued operation of the business. We spend the time required with an owner or tenant to try and find out what makes their business successful and incorporate those factors into our site search criteria. This approach is usually rewarded in terms of fewer businesses “going out of business” yielding fewer claims for loss of business goodwill, which is one of the foundational risks of relocating businesses in California. Our approach recognizes the types of businesses that have goodwill loss potential, so we can assign adequate resources to either 1) mitigate the loss, or 2) defend a false claim by the business’ legal counsel. OPC will explain the relocation process and how reimbursement for actual, reasonable, necessary, and eligible expenses will occur, including the steps necessary to document and verify entitlement. Business owners will be given all required documentation needed to submit a claim, along with an explanation for each. Our search for a replacement site will consider all factors that will minimize their loss of patronage, zoning and permitting restrictions, specific licensing territories (manufacturers sometimes license or assign a specific retail or distribution area to a retailer to restrict competition), franchise restrictions, access issues, etc. RESIDENTIAL RELOCATION BUSINESS RELOCATION RELOCATION SERVICES Additional Services Enhancing Lives Through Infrastructure opcservices.com PAGE 22Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Scope of Work/Approach OPC’s Utility Coordination service addresses the relocation of utility poles, as well as varying lengths of accompanying underground utility facilities, vaults, and appurtenances. Our utility coordinators work from inception of the Right of Way Data Sheets through to the delivery of Right of Way Certification and Post- Certification activities, such as project closeout/acceptance. Functions include coordinating with project engineering with efforts made to identify and mitigate or prevent utility relocation. The utility coordinator participates, as needed, in project meetings either in person or via conference call. Potholing/ daylighting activities are coordinated with the utility owners. An active reporting relationship is developed and maintained with the various project engineers, including all of the utility owners. Cost liability will be established in accordance with applicable Caltrans and Federal (FHWA) codes and requirements. The utility coordinator will develop individual Reports of Investigation, Notices to Owner (and, when applicable), Utility Agreements and inclusion in the Right of Way Certification project milestone (if applicable). Coordination will be provided between the project construction Resident Engineer and the Utility Owners for any relocation activities scheduled to take place during project construction. OPC’s coordinator reviews bills from utility owners for payment by the City. Finally, close-out activities are performed for utility relocation files. UTILITY COORDINATION Enhancing Lives Through Infrastructure opcservices.com PAGE 23Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Project Approach The City may know OPC as a right of way firm, but OPC also provides a variety of real estate consultant services to public agencies throughout the western United States. The following ancillary real estate services are available: FEASIBILITY STUDIES PROPERTY DISPOSITION PROFESSIONAL BROKER’S OPINION OF VALUE (PBOV) PROPERTY SEARCHES MARKET ANALYSIS SURPLUS LAND SALES REAL ESTATE CONSULTANT SERVICES They are reliable and very professional. The OPC team ALWAYS exceeds our contractual expectations. Gabriela Nevins, Project Manager San Diego Housing Commission Four Decades of Successful Real Estate Services to Public Agencies Enhancing Lives Through Infrastructure opcservices.com PAGE 24Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Project Approach OPC delivers brokerage and real estate consultant services with a timely, successful outcome. OPC has been in the real estate services market for 40 years which allows us connections, contacts, and clients throughout California and our strong market presence. We have contacts with residential and commercial realtors, commercial and residential developers, and lenders as a result of providing 40 years of relocation services for municipalities and private developers. To generate interest, we capitalize on our long-term relationships with lenders and developers. Identifying the highest and best use of a property translates into the strongest value for the City. Our real estate strategy involves analysis of properties for sale, while targeting buyers/ developers that have the ability to move forward with the purchase. A value-based determination will be made using our own feasibility analysis (backing into a property value based upon a fair development return, versus a timely close). Market comps aid in the determination of pricing and targeted buyers. While quick sales are always the focus of the marketing effort, targeting buyers that share the goals and objectives of the City is also our primary goal. As to the method and means of exposure, prospective buyers are provided with detailed marketing packages for a property inclusive of title information, maps and aerials, demographic trade area data including business and daytime population, traffic counts, proposed development plans (if available), and other relevant information. Direct submittal to buyers are sought first to maximize property returns, and after an agreed upon period, we market to the brokerage community via direct email blasts (with each property package downloadable via the internet for registered buyers). As a firm working almost exclusively with governmental agencies, we have built long-standing relationships with housing developers and other agencies that may have an interest in the purchase of certain properties, along with connections with engineering firms and a large network of entities that may have interest in special use properties. Traditional commercial brokerage firms cannot bring such extensive experience working alongside public agencies. FOR SALE Enhancing Lives Through Infrastructure opcservices.com PAGE 25Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC Records Management/ProjectOne OPC utilizes the latest technology for management of its project data, documentation, milestones, risk management, subcontractor coordination, fiscal responsibilities, and progress reporting. ProjectOne® is our dedicated online system, created and developed by OPC to specifically address the unique needs of the our industry. ® AUTOMATED/REAL-TIME REPORTING PROPRIETARY SOFTWARE OPC designed ProjectOne® with superior quality control in mind, and it provides standardization of project processes, which in turn results in regulatory and jurisdictional consistencies. Our team can easily coordinate the dynamic needs of each of our projects through the project site, integrating multiple disciplines and resources of the project team from various OPC locations. RECORDS MANAGEMENT: OPC’s ProjectOne Client communication and real-time transparency into the progress of our work is our top priority. For that reason, we utilize a state-of-the-art dedicated project management tool called ProjectOne®. ProjectOne® gives the client access to up-to-date, real-time information via a secure site that you can simply login to at any time. All reports and information are at your fingertips whenever you need it. The automated reporting platform utilizes the latest technology for management of project data, documentation, progress tracking, and reporting. The standardization of documents and processes assures regulatory and jurisdictional consistency. What is most important is how our clients benefit from this unique project management experience – the instant access to up-to-date, current information on the project. Enhancing Lives Through Infrastructure opcservices.com Exhibit B - Rate Sheet Rate Sheet EXHIBIT B Rate Sheet OPC 2020 Hourly Rates OPC’s Hourly Rates are as follows: Enhancing Lives Through Infrastructure opcservices.com PAGE 27Statement of Qualifications Property Acquisition Services for the City of Rohnert ParkOPC ITEM NO. 5.E. 1 Meeting Date: November 24, 2020 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Adopt a Resolution Authorizing and Approving a Public Facilities Fee Credit Agreement with University District LLC for the Keiser Avenue Underground Utility Construction (CEQA Status: Categorically Exempt Under California Environmental Quality Act Guidelines Section 15061(b)(3)) RECOMMENDED ACTION: Adopt a Resolution approving a Public Facilities Fee Credit Agreement with University District LLC for the Keiser Avenue Underground Utility Construction and finding the action exempt under California Environmental Quality Act guidelines section 15061(b)(3). BACKGROUND: The City entered into a Development Agreement with the University District LLC and Vast Oak Properties L.P. to facilitate the orderly development of the area known as the University District Specific Plan Area. On September 1, 2020, University District LLC and Vast Oak Properties L.P. entered into an Assignment and Assumption of the Development Agreement and Consent of the City, which was recorded on September 22, 2020 in the Official Records of the County of Sono ma as Document Number 202008486 (“DA Assignment”). The DA Assignment assigned all rights and obligations under the Development Agreement to University District LLC (“Developer”). The Development Agreement requires the Developer to construct improvements to Keiser Avenue, but allows the City to assume responsibility for all or a portion of the construction, provided the Developer funds the City’s work. The Development Agreement also provides that Developer will receive credits against any Public Facilities (PF) fees for any eligible construction work or contributions to construction work on Keiser Avenue. In order to ensure timely construction of the 218-unit affordable housing complex located within the University District, the City and Developer agreed that the City would design and begin construction of the Keiser Avenue improvements from Snyder Lane to Kerry Road. The City Council approved this project, as part of its Fiscal Year 2017-18 Capital Improvement Program and the developer contributed $1,332,615 toward the cost of design, which was recognized with Public Facilities Fee Credit Agreement approved by the City Council on November 28, 2017 and recorded on January 12, 2018 in the Official Records of the County of Sonoma as Document Number 2018002433. These fee credits were allocated to the commercial parcel in the University District, with the goal of enhancing the marketability of the property by reducing the fee burden 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 and ensuring that the University District Specific Plan builds out in accordance with the City’s vision for the community. Based on the Developer-funded design, the City Council approved the award of a construction contract for storm drain and sewer improvements in Keiser Avenue on April 23, 2019, and the Developer contributed $1,414,800 towards this construction project. While the City has recognized this revenue and completed the construction work, the contribution has not been formalized with a Public Facilities Fee Credit Agreement. The Developer is currently working sell a portion of the project, known as Vast Oak North Phase 3A, to a merchant builder and, in accordance with the terms of the Development Agreement, has requested that the City recognize the contribution through a Public Facilities Fee Credit Agreement so that the fee credits can be transferred during the sale process. The purpose of the proposed Agreement is to recognize the prepayment of Public Facilities Fees, the credit due to Developer and the applicability and transferability of these Public Facilities Fee Credits. ANALYSIS: The current Public Facilities (“PF”) fee for the University District Specific Plan Area is $36,120 per single family dwelling unit. The Developer is proposing to allocate its $1,414,800 PF Fee credit to the first eighty six (86) single family homes in Vast Oak North, resulting in a credit of $16,451.16 per each lot (approximately 46% of the PF Fees due). The proposed Agreement will facilitate the administration of the fee credits and includes the following terms. 1.The maximum credit will be $1,414,800 consistent with the required prepayment amount . 2.PF Fee credits will apply to the eighty six lots in the Vast Oak North Phase 3A portion of the University District, which is defined as the “Property” in Section 2 of the proposed Agreement, “Property Subject to the Agreement”. 3.The City will track the PF Fee Credit balance as building permits are pulled. 4.The Developer may, with the City’s consent, transfer PF Fee Credits to other builders within the Property. 5.The PF Fee Credits will expire when the available balance is $0.00. 6.Should the Developer default, the City will hold any available PF Fee Credit balance for the benefit of the Property. ENVIRONMENTAL ANALYSIS: When it adopted the current Public Facilities Finance Plan and Public Facilities Fee Schedule, the City Council found the action categorically exempt from environmental review pursuant to the California Environmental Quality Act guidelines section 15061(b)(3). This finding was made because the PF Fee program, which is a mitigation fee program, provides a mechanism for mitigating potential environmental impacts. The proposed Agreement, which is an implementation tool for administering the PF Fee Program, is categorically exempt pursuant to the same exemption. The prepaid fees funded a portion of the construction of Keiser Avenue which the City has previously found to be consistent with the approved University District Specific Plan Environmental Impact Report. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. ITEM NO. 5.E. 3 OPTIONS CONSIDERED: None. The recommended action implements the requirements of the Development Agreement between the City and the Developer. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this project is to recognize the $1,414,800 prepayment of Public Facilities Fees from the Developer, which has provided the City with cash flow funding for the Keiser Avenue reconstruction project. Department Head Approval Date: 11/12/2020 City Attorney Approval Date: 11/13/2020 Finance Director Approval Date: NA City Manager Approval Date: 11/13/2020 Attachments 1.Resolution Approving a Public Facilities Fee Credit Agreement with University District LLC for the Keiser Avenue Underground Utility Construction and Finding the Action Exempt Under the California Environmental Quality Act 2.Exhibit A to Resolution – Public Facilities Fee Credit Agreement with University District LLC 3.Agreement Exhibit 1 – Property Subject to Agreement RESOLUTION NO. 2020-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A PUBLIC FACILITIES FEE CREDIT AGREEMENT WITH UNIVERSITY DISTRICT LLC FOR THE KEISER AVENUE UNDERGROUND UTILTY CONSTRUCTION WHEREAS, on November 22, 2011, the City Council of the City of Rohnert Park (“City”) adopted Resolution No 2011-112 updating its Public Facilities Fees and finding this action Categorically Exempt under the California Environmental Quality Act; and WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance Number 878 approving a Development Agreement (“Development Agreement”) between the City of Rohnert Park and Vast Oak Properties L.P. and the University District LLC; and WHEREAS, On September 1, 2020, University District LLC and Vast Oak Properties L.P. entered into an Assignment and Assumption of the Development Agreement and Consent of the City, which was recorded on September 22, 2020 in the Official Records of the County of Sonoma as Document Number 202008486 that assigned all rights and obligations under the Development Agreement to University District LLC (“Developer”); and WHEREAS, the Development Agreement requires the Developer to undertake the Keiser Avenue Reconstruction Project, but also allows the City to undertake all or a portion of this project, provided that the Developer funds the City’s activities; and WHEREAS, Developer and City have agreed that it is desirable for the City to undertake the design and construction of a portion of the Keiser Avenue Reconstruction Project and the Developer has contributed $1,414,800.00 to cover a portion of the City’s construction costs; and WHEREAS, the Keiser Avenue Reconstruction Project is included in the City’s Public Facilities Finance Plan and costs associated with this project are eligible for fee credits in accordance with the Development Agreement; and WHEREAS, the City and Developer desire to enter into a Public Facilities Fee Credit Agreement to recognize the prepayment of Public Facilities Fees, the Public Facilities Fee Credit s due to Developer and the applicability and transferability of these Public Facilities Fee Credits to development of the project as described in the Development Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park finds that this action is categorically exempt from environmental review pursuant to California Environmental Quality Act guidelines section 15061(b)(3) because the payment of Public Facilities Fees provides a means of mitigating environmental impacts which have been identified in other environmental analyses including the General Plan EIR. BE IT FUTHER RESOLVED that the City Council does hereby authorize and approve the Public Facilities Fee Credit Agreement with University District LLC attached as Exhibit A. Resolution 2020-102 2 BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Public Facilities Fee Credit Agreement, in substantially similar form to that agreement attached hereto and incorporated by this reference as Exhibit A, subject to minor modification by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to take all actions necessary to effectuate the intent of the Agreement. DULY AND REGULARLY ADOPTED this 24th day of November, 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: ( ) 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 FACILITIES FEE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC FOR THE KEISER AVENUE UNDERGROUND UTILITY CONSTRUCTION THIS PUBLIC FACILITIES FEE CREDIT AGREEMENT (the "Agreement") is made and entered into on this ______ day of ______________ 20202 (the "Effective Date") by and between UNIVERSITY DISTRICT LLC, a Delaware limited liability corporation (“Developer ”), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"), with reference to the following facts and intentions. R E C I T A L S A. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance No. 878 approving an Amended and Restated Development Agreement with the Developer recorded in the Official Records of Sonoma County as Document No. 2014051817 (the “Development Agreement”). B. On September 1, 2020, University District LLC and Vast Oak Properties L.P. entered into an Assignment and Assumption of the Development Agreement and Consent of the City, which was recorded on September 22, 2020 in the Official Records of the County of Sonoma as Document Number 202008486 (“DA Assignment ”). C. The Development Agreement requires that the Developer construct certain improvements, including improvements to Keiser Avenue. D. The Development Agreement also gives the City the option to construct certain offsite improvements, including Keiser Avenue, provided that the Developer fund these activities. E. Improvements to Keiser Avenue are included in the City’s Public Facilities Finance Plan (“PFFP”). The Development Agreement provides that Developer is entitled to receive credits against any Public Facilities Financing Plan fees, for any Keiser Avenue costs that it funds. F. The Developer and City agree that, in order to advance portions of the University District Development, including the affordable housing complex, it is desirable for the City construct the portion of Keiser between Snyder Lane and Kerry Road, with funding from the Developer, a portion of which has been provided. G. City and Developer desire to enter into an agreement regarding Developer’s prepayment of PFFP fees associated with the design and construction of Keiser Avenue. A G R E E M E N T 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 are hereby incorporated into and form a material part of this Agreement. 2. Property Subject to Agreement . The property which is the subject of this Agreement (“Property”) is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit 1, attached hereto and incorporated by this reference. The Property is only a portion of the real property subject to the Development Agreement. The City has approved the development of residential subdivision on the Property (the “Project”). 3. Public Facilities Fee Credit. 3.1. Source and Method of Credit. Subject to the limitations set forth in this Section 3, Developer, or any subsequent developer of the Property, shall receive PFFP Credits for payments received towards the design and construction of the Keiser Avenue in an amount not to exceed One Million Four Hundred Fourteen Thousand Eight Hundred Dollars and No Cents ($1,414,800.00) based on amounts previously deposited with the City. 3.2 Implementation of Public Facilities Fee Credit. The PFFP Credits shall be applied against the Public Facilities Fees that would otherwise be applicable to the Project, as the result of construction on the Property. Developer shall be entitled to receive PFFP Credits at the time of issuance of building permits for construction on the Property. The City shall keep an accounting of the balance of PFFP Credit s based upon the total prepayment received from Developer and the credits applied to building permits on the Property. The PFFP Credits shall run with the land and may be credited only for development of the Project on the Property, provided that Developer may allocate the use of the PFFP Credits among components of the Project. Developer may authorize the assignment of all or portions of the PFFP Credit balance in writing, with the consent of the City, provided that PFFP Credits may not be assigned outside the boundaries of the Property and the PFFP Credits are fully utilized on the development of the Property. Developer acknowledges and agrees that payment of the PFFP Credits is limited to the development of the Property and not the entire real property described in the Development Agreement. 3.3 Expiration of Public Facilities Fee Credit. The Public Facilities Fee Credit reflects prepayment by the Developer of Public Facilities Fees that would otherwise be due at the time building permits are issued for structures on the Property . City’s obligation to extend credits shall expire upon the available balance reaching $0.00. 4. Community Facilities District; Intent to Reimburse. City and Developer acknowledge that the California Statewide Communities Development Authority has formed a Community Facilities District that includes the Property. Payment of Public Facilities Fees is potentially eligible for funding through a Community Facilities District and Developer's costs may be reimbursed with the proceeds of Community Facilities District bonds at some future date. 5. Breach of Agreement; Remedies. 5.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete payment in accordance with the payment schedule. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer assigns all or a portion of the PFFP Credit balance without the prior written consent of the City. (4) 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. (5) Developer or Developer's contractors, subcontractors, agents , employees or assignees, fail to comply with any terms or conditions of this Agreement. The City may serve written notice of breach and default upon Developer . 5.2. Remedies. Should the Developer breach this Agreement, City’s remedy shall be to hold all available credits for prepaid funds received under this Agreement for the benefit of the Property. 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. 6. Miscellaneous. 6.1 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 depos its shall be furnished to the City Engineer upon request. 6.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: University District LLC 500 La Gonda Way, Ste. 100 Danville, CA 94526 Attn: Mr. Kevin Pohlson Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 6.3 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. 6.4. 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. 6.5. 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. 6.6. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Property 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. 6.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 6.8. 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. 6.9. 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. 6.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint ventures or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 6.11. 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 6.6, in which event this Agreement shall remain binding upon Developer. 6.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 6.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 6.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 6.15. 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. 6.16. 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. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. (signatures on following page) "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 November 24, 2020. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: "DEVELOPER" University District LLC, ________________________________________ By: Kevin Pohlson Vice President By:_________________________________ __________________ Chief Financial Officer 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 foregoi ng paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 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) 19539.010 IBM 11/12/2020 Page 1 of 1 P:\19539\Plats-Legals\Legals\3A Lots and Streets Legal Description (no sign)_2020-04-06.doc EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, BEING LOTS 1 THROUGH 86 ALL AS SHOWN ON THAT CERTAIN MAP ENTITLED “VAST OAK NORTH PHASE 3-A” RECORDED IN BOOK 814 OF MAPS AT PAGES 42 THROUGH 48, SONOMA COUNTY RECORDS, DOCUMENT NO. 2020050286. END OF DESCRIPTION Item 5.F. 1 Meeting Date: November 24, 2020 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Terrie Zwillinger, Project Manager, Department of Public Works Agenda Title: Adopt a Resolution Authorizing the City Manager to Create a New Capital Improvement Program (CIP) Project for the Golf Course Banquet Building Roof Replacement Project and Increase Appropriations by $375,000 in the Fiscal Year 2020-21 Budget for the Project (CEQA Status: Exempt) ____________________________________________________________________________________________________ RECOMMENDED ACTIONS: Adopt a Resolution for the following actions: 1. Authorize the City Manager to create a new Capital Improvement Program (CIP) Project for the Golf Course Banquet Building Roof Replacement Project 2. Authorize the City Manager to increase appropriations by $375,000 for the project BACKGROUND: Rohnert Park Golf, L.P. (“Tenant”) is the tenant in possession of the Foxtail Golf Course (“Golf Course”) under the terms of the Foxtail Golf Course Lease, dated July 1, 2012, as amended by the First Amendment dated May 9, 2017 and the Second Amendment dated March 24, 2020 (the “Lease Agreement”). In accordance with Section 5.6 of the Lease Agreement, the Tenant is responsible for the complete maintenance of the property in accordance with the maintenance specifications set forth in Exhibit D of the Lease Agreement. However, Section 3.0 of Exhibit D, Exterior of the Clubhouse, Restroom Buildings, Structures and Grounds of Golf Course Maintenance Specifications states, “The City will be responsible for the repairs and maintenance of the building exteriors.” The Golf Course banquet building is located near the Pro Shop and driving range on the Foxtail South Course. The building is approximately 9,800 square feet and was built in the 1980’s. The roof is made of approximately 8,500 square feet of cement tiles and 1,300 square feet of flat built- up roof. The roof has been leaking over the last several years in multiple areas. The glazed coating on the tiles has eroded, allowing water to saturate the tiles. When the overnight temperatures fall below freezing, the tiles crack and become brittle, allowing water to leak through and enter the building. The flat built-up roof has numerous cracks, large splits and evidence of previous ponding water. Public Works staff have worked with numerous roofing companies to attempt to patch the leaks each year. There are leaks in both the tile roofing area and the flat built up roof and staff has determined that the roofing system needs to be replaced. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Item 5.F. ANALYSIS: Currently, there is no project or funding identified to replace the roof. Staff recommends creating a new CIP project to replace the Banquet building roof and funding it through the Infrastructure Reserve fund. Staff’s preliminary cost estimate to replace the roof in kind (project total including design, construction and soft costs) is $375,000. ENVIRONMENTAL ANALYSIS: The Project involves rehabilitation of existing facilities. Therefore, the Project is categorically exempt from the requirements of CEQA pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of CEQA Guidelines. (14 Cal. Code Regs. §§ 15301, 15302). STRATEGIC PLAN ALIGNMENT: This project is consistent with Strategic Plan Goal D2 – Improve Transportation and Infrastructure. OPTIONS CONSIDERED: Option 1: Staff recommends creating a new CIP project for the Golf Course Banquet Hall Building Roof Replacement Project and appropriating $375,000 from Infrastructure Reserve Funds (Fund 640) for the project. Staff recommends this option. Option 2: The City Council could choose to not fund this project at this time and reconsider it during the Fiscal Year 21-22 Budget review. Staff does not recommend this option FISCAL IMPACT/FUNDING SOURCE: The Golf Course Banquet Hall Building Roof Replacement Project is a new project. The Infrastructure Reserve Fund has a FY 20-21 projected fund balance of $487,460. The budget for the project is shown in Table 1. Table 1 – Golf Course Banquet Hall Building Roof Replacement Project Item Amount Construction Estimate $300,000 10% Construction Contingency 30,000 Design Engineer Cost Estimate 30,000 City staff labor, legal, printing, etc. 15,000 Total Project Cost 375,000 Department Head Approval Date: (J. McArthur) 11/5/20 Finance Approval Date: 11/12/20 City Attorney Approval Date: 11/9/20 City Manager Approval Date: 11/17/20 Attachments 1. Resolution 2020-103 RESOLUTION NO. 2020-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO CREATE A NEW CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT FOR THE GOLF COURSE BANQUET BUILDING ROOF REPLACEMENT PROJECT AND INCREASE APPROPRIATIONS BY $375,000 IN THE FISCAL YEAR 2020-21 FOR THE PROJECT WHEREAS Rohnert Park Golf, L.P. is the tenant in possession of the Foxtail Golf Course under the terms of the Foxtail Golf Course Lease, dated July 1, 2012, as amended by the First Amendment dated May 9, 2017 and the Second Amendment dated March 24, 2020; and, WHEREAS Section 3.0 of Exhibit D, Exterior of the Clubhouse, Restroom Buildings, Structures and Grounds of Golf Course Maintenance Specifications states, “The City will be responsible for the repairs and maintenance of the building exteriors.”; and, WHEREAS the Golf Course Banquet Building roof has been leaking and needs to be replaced; and, WHEREAS, currently, there is no project or funding identified to replace the roof; and, WHEREAS, staff’s preliminary cost estimate to replace the roof in kind (project total including design, construction and soft costs) is $375,000; and, WHEREAS, staff recommends creating a new Capital Improvement Program (CIP) project to replace the Banquet building roof and funding it through the Infrastructure Reserve fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby determine, authorize and approve the following: Section 1. The above recitals are true and correct and material to this Resolution. Section 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. Section 3. The Project is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction). (14 Cal. Code Regis. §§ 15301, 15302). Section 4. The City Manager is authorized to create a new CIP Project for the Golf Course Banquet Building Roof Replacement Project. Section 5. The City Manager is authorized to appropriate Infrastructure Funds (Fund 640) to the Golf Course Banquet Building Roof Replacement Project in the amount of $375,000. Section 6. This Resolution shall become effective immediately. Section 7. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall continue in full force and Resolution 2020-103 2 effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 24th day of November, 2020. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 5.G. 1 Meeting Date: November 24, 2020 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Elizabeth Machado, Deputy City Clerk Agenda Title: Adopt Resolution 2020-104 Approving Amendments to the Joint Powers Agreement and Bylaws of Redwood Empire Municipal Insurance Fund (REMIF) and Approving the Joint Powers Agreement and Bylaws for California Intergovernmental Risk Authority (CIRA) RECOMMENDED ACTION: Following direction received from the Council at its City Council meeting of November 10, 2020, staff is requesting Council to adopt a resolution approving amendments to the Joint Powers Agreement and Bylaws of Redwood Empire Municipal Insurance Fund (REMIF) and approving the Joint Powers Agreement and Bylaws for California Intergovernmental Risk Authority (CIRA). BACKGROUND: The City of Rohnert Park is currently a member of the pool named the Redwood Empire Municipal Insurance Fund, and participates in REMIF’s health plan and Medicare supplement plan. The Public Agency Risk Sharing Authority of California (PARSAC) is a public entity pool representing 34 small to medium sized cities/towns and one fire district. It was formed in 1986 with a mission to provide liability coverage in response to the insurance crisis that eliminated commercial coverage for cities. Given the similarities between the two agencies, REMIF and PARSAC explored a strategic partnership, which ultimately led to a proposed merger between the two organizations. Rather than one pool merging into the other, the board of directors for the pools directed the creation of a new pool (called the California Intergovernmental Risk Sharing Authority or CIRA). On November 10, 2020, the City Council received an informational presentation regarding the Redwood Empire Municipal Insurance Fund (REMIF) and the Public Agency Risk Sharing Authority of California (PARSAC) merger to create the California Intergovernmental Risk Authority (“CIRA”) presented by Amy Northam, General Manager at REMIF. Council provided direction regarding the Joint Powers Agreement and Bylaws for the CIRA Merger, which permits the merger or joining of REMIF and the PARSAC and, provided direction regarding the amended Joint Powers Agreement and Bylaws for REMIF, which permits the self-insured health program to remain under the Redwood Empire Municipal Insurance Fund. Council unanimously voted to move forward with staff’s recommended action to bring back the CIRA Agreement and Bylaws and Amended JPA Agreement and Bylaws for Redwood Empire Municipal Insurance Fund as a consent item at a future Council meeting. 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 ANALYSIS: Rather than purchase commercial insurance through a commercial insurance carrier, the City of Rohnert Park participates in an intergovernmental arrangement through which a group of cities and towns (referred to as the members) contribute to a shared fund that pays for liability and workers’ compensation claims and provides risk management services. That fund is often commonly referred to as a risk pool. Risk pools are authorized by sections of the California Government Code which allow two or more governmental entitles to enter into joint powers agreements to provide for risk-pooling. The City of Rohnert Park is currently a member of the pool named the Redwood Empire Municipal Insurance Fund (REMIF), and participates in REMIF’s health plan and Medicare supplement plan. Our pool is governed by a board of directors selected by members in the pool. REMIF is a public entity pool representing 15 small to medium sized cities/towns. Public entity pools are fundamentally different from conventional insurance. The primary purpose of any public entity pool is to manage and reduce underlying risks to the benefit of public entity members and the public at large. Risk pools are typically a program of self-insurance where risk is pooled among all of the member entities, and in some instances losses may be further re-insured under other policies. The Public Agency Risk Sharing Authority of California (PARSAC) is a public entity pool representing 34 small to medium sized cities/towns and one fire district. It was formed in 1986 with a mission to provide liability coverage in response to the insurance crisis that eliminated commercial coverage for cities. Given the similarities between the two agencies, REMIF and PARSAC explored a strategic partnership, which ultimately led to a proposed merger between the two organizations. Rather than one pool merging into the other, the board of directors for the pools directed the creation of a new pool (called the California Intergovernmental Risk Sharing Authority or CIRA). After over a year of in-depth analysis of such a merger, the board of directors for both pools directed the merger of the organizations, effective 07/01/21, creating a new pool, CIRA. To proceed, the individual members must seek adoption of the CIRA agreements. While the intent of the merger is to merge the liability, workers’ compensation and property programs, there is also an interest to have the self-insured health plan remain under the care, custody and control of REMIF, at least for the time being. This necessitated changes to the underlying Joint Powers Agreement and Bylaws. There will be great benefits in sharing resources, sharing expenses and drawing on strengths. Benefits also include succession planning, more robust, stable programs, shared training resources, long-term program sustainability, and eliminating redundancies. While a merger could have realized savings to the members of both pools, the intent of a merger between PARSAC and REMIF is to have long-term stability, sustainability and adding depth and breadth to the agencies, with the singular goal of better serving our members. STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with Strategic Plan Goal B – Achieve and maintain financial stability and City’s values of collaboration, innovation and creativity. ITEM NO. 5.G. 3 OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends adopting a resolution approving amendments to the Joint Powers Agreement and Bylaws of Redwood Empire Municipal Insurance Fund (REMIF) and approving the Joint Powers Agreement and Bylaws for California Intergovernmental Risk Authority (CIRA). 2.Alternative: Staff also considered not adopting the Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority and Joint Powers Agreement and Bylaws for Redwood Empire Municipal Insurance Fund and did not recommend this option because this would not provide any benefit to the City. FISCAL IMPACT/FUNDING SOURCE: The merger will consolidate the operations and expenses of both pools. CIRA will work towards eliminating redundant expenses, which will lower long term operating costs. Consolidating operations will also achieve greater economies of scale, improve service delivery, and CIRA will be in better position to leverage its larger size for better services, rates and coverage with service providers and excess insurers. A larger organization will also result in more predictable funding and reserving forecasts (with more available data), which reduces the likelihood of future assessments. The merged organization will be more fiscally viable and provide greater long-term stability and sustainability. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: 11/17/2020 City Manager Approval Date: 11/17/2020 Attachments (list in packet assembly order): 1. Resolution 2020-104 2. Exhibit A to Resolution 3. Exhibit B to Resolution 4. Exhibit C to Resolution 5. Exhibit D to Resolution RESOLUTION NO. 2020-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AMENDMENTS TO THE JOINT POWERS AGREEMENT AND BYLAWS OF REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF) AND APPROVING THE JOINT POWERS AGREEMENT AND BYLAWS FOR CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA) WHEREAS; Rohnert Park is a Member entity of the Redwood Empire Municipal Insurance Fund ("REMIF"); and WHEREAS, after over a year of in-depth analysis both the REMIF and Public Agency Risk Sharing Authority of California (“PARSAC”) Board of Directors voted to recommend to the Members of their respective agencies, a merger between the two organizations with the creation of a new pool called the California Intergovernmental Risk Authority (“CIRA”); and WHEREAS, the self-insured health plan will remain under the care, custody, and control of REMIF; and WHEREAS, a complete and true copy of the proposed JPA and Bylaw amendments recommended by the REMIF Board and of the proposed CIRA JPA and Bylaws has been provided to the City and is attached hereto as Exhibit A, Exhibit B, Exhibit C, and Exhibit D, which are incorporated by this reference; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve and ratify the amendments to the JPA and Bylaws of REMIF . BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park that it does hereby authorize and approve and ratify the JPA and Bylaws of CIRA. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 24 day of November, 2020. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor Resolution 2020-104 2 ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A Exhibit B Exhibit C Exhibit D ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) M-1 BYLAWS The following Bylaws are for the regulation of Redwood Empire Municipal Insurance Fund, except as otherwise provided by Statute or the Joint Powers Agreement creating Redwood Empire Municipal Insurance Fund. These Bylaws are dated and will be effective January 1, 2021. ARTICLE I DEFINITIONS The terms in these Bylaws shall be as defined herein and in the Joint Powers Agreement (hereinafter JPA Agreement) creating the Redwood Empire Municipal Insurance Fund (REMIF) unless otherwise specified herein. Alternate Director means that individual appointed by a Member or Associate Member to act in the absence of its duly appointed representative except the Alternate Director shall not exercise the powers of an officer of the Authority or serve on the Executive Committee. Associate Member means any contracting public agency who has been a signatory of the Authority’s JPA Agreement for less than ten years. Authority means the Redwood Empire Municipal Insurance Fund created by the JPA Agreement. Board or Board of Directors means the governing board of the Authority. Broker is an insurance broker used by the Board to acquire insurance coverage. Cash Assessment means an amount determined by the Board of Directors, to be paid by each Participating Agency as necessary to meet the Authority’s obligations. Cash Contribution means the annual dollar amount determined by the Board of Directors which is payable by each Participating Agency as its established share of the funding required to cover the financial obligation of each pooled coverage program in which the Participating Agency participates. Claims means demands made against the Participating Agencies or the Authority arising out of occurrences which may be within any of the Authority’s coverage agreements. Claims Adjuster is the person(s) hired as an employee of the Authority and/or contracted by the Board to determine losses and make or recommend payments in the various coverage programs. Exhibit A M-2 Coverage Agreement is the document issued by the Authority to Participating Agencies specifying the scope and amount of pooled protection provided to each Participating Agency by the Authority in each pooled coverage program. Covered Loss means any loss resulting from a claim or claims against a Participating Agency or the Authority which is in excess of the respective self- funded retention, and is covered by a Coverage Agreement issued by the Authority or any purchased programs and may include loss payments, defense costs, and other charges directly attributed to the resolution of the matter including defense costs incurred by the Authority. Deductible means the amount of a claim, which the Participating Agency must incur or become liable for before the Authority is obligated to pay. Deductible is synonymous with Self-Funded Retention. Director means the individual appointed by the Member or Associated Member to serve on the Board of Directors or the Alternate Director in the absence of the individual Director. Entire Board shall consist of all Directors, whether or not present at a Board meeting. Excess Insurance means any self-insurance, insurance, or reinsurance purchased by the Authority to cover losses in excess of the Authority’s self-insured retention. Executive Committee means that body composed of the President, vice President and three additional members of the Board appointed or elected in accordance with the Bylaws of the Authority. General Manager is the person or firm appointed by the Board to be its Secretary and the Chief Administrative Officer of the Authority. Incurred Loss means the sum of monies paid and reserved by the Authority that is necessary to investigate and defend a claim and to satisfy a covered loss sustained by a Participating Agency or the Authority pursuant to a coverage agreement. Member means any Participating Agency that has been a signatory to the Authority’s JPA Agreement for more than ten years. Participating Agency means any Associate Member agency or Member agency that is signatory to the Authority’s JPA Agreement. Pooled Coverage Programs shall consist of coverages provided by the Authority pursuant to a Coverage Agreement. These may include, but are not limited to property, workers’ compensation and liability coverages as may be determined by M-3 the Board. Program Year means a period of time determined by the Board, usually twelve (12) months, into which each pooled coverage program shall be segregated for purposes of account, record keeping, and coverage interpretation. Self-Funded Retention means the amount of a claim, which the Participating Agency must incur or become liable for before the Authority is obligated to pay. Self-Funded Retention is synonymous with Deductible. Treasurer means an officer of the Authority appointed by a majority of the Entire Board who shall serve at the pleasure of the Board. ARTICLE II OFFICES The principal executive office for the transaction of business of the Authority and receipt of all notices is hereby fixed and located as described in the attached addendum hereto and incorporated herein by reference. The Board shall have the authority to change the location of the principal executive office. Other business offices may be established by the Board at any time and at any place or places where the Authority is qualified to do business. ARTICLE III DIRECTORS OR OFFICERS Appointment of Board of Directors The Board of Directors will include one Director from each Member and a Director from each Associate Member. The governing board or other duly designated official of each Member and Associate Member of the Authority shall appoint a representative to the Board of Directors. The appointment shall be in writing, directed to the Authority at its designated principal executive office, and shall remain in effect until the receipt of a written notice designating a replacement. Each Member and Associate Member shall also designate an Alternate Director, in the manner described above, to act in the absence of its duly appointed representative except the Alternate Director shall not exercise the powers of an officer of the Authority or serve on the Executive Committee. Each Director has one vote. Election and Removal of Officers M-4 The officers of the Authority shall be the President, Vice President, Treasurer and General Manager/Secretary. The President and Vice President shall be elected, as individuals, from among the members of the Board of Directors not as the Participating Agencies they represent. The term of office for President and Vice President shall be two (2) fiscal years, and they shall assume the duties of their offices at the beginning of the next fiscal year. The Treasurer will be appointed, by a majority of the Board, and shall serve at the pleasure of the Board. The qualifications of the Treasurer will be set by Board policy and shall have the powers, duties and responsibilities specified in Government Code §6505.5. The Treasurer shall have no vote on the Board unless he/she is a Director also. The General Manager shall be the Secretary and Chief Administrative Officer of the Authority, appointed by the Board and shall serve at the pleasure of the Board. Although the General Manager is an officer of the Authority, he/she may not vote on matters before the Board, Executive or other appointed committees. The General Manager may not be an employee or an officer of a Participating Agency. The General Manager shall be responsible for administering the operations of the Authority, cause minutes to be kept as specified by the Board, shall have the duty to maintain or cause to be maintained all accounting and other financial records of the Authority, file financial reports of the Authority, and perform other such duties as the Board may specify. Election for President will be held first and then election for Vice President. Each Director present shall cast one vote for each office. The candidate receiving the greatest plurality of votes for the particular office will be elected and will assume the office on July 1 of the succeeding fiscal year. In the event of a tie vote, those not involved in the tie vote will be eliminated and the remaining candidates will be the subjects of a run-off election as described above. If unsuccessful after the run off, the election for that office shall start again with all the candidates eligible. Nomination of candidates and election for the Officers and the Executive Committee shall be made at the June meeting every other year for the succeeding fiscal year. Officers and the Executive Committee elections will be held on opposite years. The President and Vice President will be elected at the Annual Board meeting in fiscal years ending in even numbered years and shall serve for their elected term of office for two (2) years, or until removal by the Participating Agency, or removal from office by the affirmative vote of the majority of the Board of Directors at any regular or special meeting of the Board of Directors. Vacancies in the offices of President or Vice President or Executive Committee will be filled by election of a replacement, at the next regular or special meeting of the Board, by a majority vote of the Board, to serve the remainder of the unexpired term. All other Authority staff positions will be appointed by the General Manager subject to budget approval by the Board. The Board shall require the General Manager and the Treasurer to file with the Authority M-5 an individual or a blanket bond in the amount to be fixed by the Board, but not less than $100,000. The Authority shall pay the cost of the premiums for the bond required by it. ARTICLE IV EXECUTIVE COMMITTEE There shall be an Executive Committee composed of five members. The President and Vice President shall serve on the Executive Committee during their incumbency and three members at large will be elected every other year to serve with them. The election of members at large to serve on the Executive Committee will be held at the annual Board meeting in fiscal years ending in odd numbered years. The at-large members shall be elected, as individuals, from among the members of the Board of Directors, not as the Participating Agencies they represent. If an Executive Committee member is not available for a committee meeting, no alternate can sit as a replacement. One Executive Committee member shall be elected from each of the following three regions: South Region includes: Cotati, Sebastopol Rohnert Park, Sonoma, and Windsor Central Region includes: Cloverdale, Healdsburg, Lakeport, St. Helena, and Ukiah North Region includes: Arcata, Eureka, Fort Bragg, Fortuna, and Willits Each Region will elect their own Executive Committee Representative. The Board may revise the membership of the three regions from time to time as membership in the Authority changes. Any vacancy on the Executive Committee shall be filled at the Next Board meeting by a vote from the appropriate Region as specified in Article III for elections and Removal of Officers. Powers The powers of the Executive Committee shall be those powers delegated to it by the Board of Directors, which may include but are not limited to:  recommendation on the personnel matters concerning salary, benefits and working conditions of the General Manager;  covered loss settlement authority as determined per Article X;  approval of service contracts in excess of staff’s authority of $50,000, but within budgeted amounts; M-6  amendments to the annual budget within limits established in Article VIII;  other authority as delegated by the Board. The Board of Directors may revoke any of the powers delegated to the Executive Committee by a majority vote of the Board. ARTICLE V MEETINGS Board of Directors Meetings There shall be at least one (1) regular meeting of the Board of Directors each year, which shall be designated as the Annual Membership Meeting. At the final Board meeting of each fiscal year, the Board shall fix the date, hour and location at which each regular meeting in the succeeding year is to be held. Special meetings may be called by the President or a majority of the Board. Notice of such special meetings shall be delivered personally, by electronic facsimile transmission or by mail, as provided by state law, to each Participating Agency at least twenty-four (24) hours before the time of such meetings. A regular or special meeting of the Board may be cancelled or postponed by the General Manager or President by notice delivered as provided by state law, to each Participating Agency at least twenty-four (24) hours before the time of such meeting. The Annual Membership Meeting may be postponed but not cancelled. Executive Committee Meetings The Executive Committee shall hold meetings as the need arises. Some may coincide with meetings of the Board of Directors. The President or 2 members of the Executive Committee may request meetings, as need dictates. Notice of such special meetings shall be delivered as provided by state law, to each Participating Agency at least twenty-four (24) hours before the time of such meetings. A regular or special meeting of the Executive Committee may be cancelled or postponed by the President by notice delivered as provided by State law, to each Participating Agency at least twenty-four (24) hours before the time of such meeting. General Meetings No business may be transacted by the Board, Executive Committee, or other appointed committees without a quorum of their respective members participating. A quorum of the Board shall consist of a majority of its number; a quorum of the Executive Committee shall number three (3) members. Quorums of other committees established by the Board shall be a majority of their members. A majority of the members present must vote in favor of a motion to approve it, except as otherwise provided in the JPA Agreement or Bylaws and M-7 except for the following: 1. A two-thirds (2/3) vote of the Board is required to amend the Bylaws provided that any amendment is compatible with the purposes of the Authority, is not in conflict with the JPA Agreement and has been submitted to the Board at least thirty 30 days in advance. 2. A majority vote of the Board is required to levy a cash assessment for any pooled coverage program. 3. A majority vote of the Board is required to remove an officer of the Board or member of the Executive Committee. 4. A four-fifths (4/5) vote of the entire Board is required to expel any Participating Agency from the Authority. The Board and the Executive Committee shall conduct their meetings in accordance with Robert’s Rules of Order. All meetings of the Board, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, or any other applicable State law. The General Manager shall cause minutes of all regular, adjourned regular and special meetings to be kept. As designated by the Board a copy of the minutes will be forwarded to each Participating Agency. ARTICLE VI DUTIES OF DIRECTORS AND OFFICERS The Board of Directors shall be responsible for governing the Authority either directly or by delegation to other bodies or persons unless prohibited by law or by the JPA Agreement, and shall exercise all those powers not specifically reserved to the Participating Agencies in the JPA Agreement. Each Director shall have the authority to bind their Participating Agency on all matters pertaining to the JPA Agreement as provided in the JPA Agreement. In addition, the results of all votes will have the authority to bind all Participating Agencies. Each Director shall be entitled to cast one vote in all matters requiring a vote, except in the case of an actual or potential conflict of interest. The Board may establish committees and delegate to them functions not otherwise reserved to the Board. The duties of the President shall be to preside at all meetings of the board and the Executive Committee and to perform such other duties as the Board may specify. The duties of the Vice President shall be to act as the President, in the absence of the President, and to perform such other duties as the Board may specify. M-8 The duties of the Treasurer shall be those specified in §6505.5 or 6505.6 of the California Government Code, to receive and safekeep all money coming into the treasury, to comply with all laws governing the deposit and investment of funds, and to provide a quarterly financial report to the Board summarizing receipts, disbursements, and fund balances, along with a listing of all investments and other duties as specified by the Board. The duties of the General Manager shall be to administer the operations of the Authority, to cause minutes to be kept as specified in the JPA Agreement, to maintain or cause to be maintained all accounting and other financial records of the Authority, to file all financial reports of the Authority and to perform such other duties as the Board may specify. ARTICLE VII BUDGET An annual budget shall be presented by the General Manager to the Board before and be adopted no later than June 30 of each year. At the discretion of the Board, a multi-year budget may be adopted, thereby eliminating the requirements of annual presentation and adoption during the term of such multi-year budget. The budget shall separately show the following: a. general and administrative expenses; b. revenue section; ARTICLE VIII RECEIPT AND DISBURSEMENT OF FUNDS Revenues of the Authority shall be received at its principal executive office. The Treasurer, General Manager or other designee of the Board shall safeguard and invest funds in accordance with the Authority’s current Investment Policy. The General Manager and others as designed by the Board shall be authorized signatories of the Authority’s checking account. All checks disbursing funds of the Authority shall be signed by the appropriate number of individuals as established by action of the Board. The General Manager shall be authorized to make all expenditures for goods or services without specific approval, to the extent such funds have been included and approved by adoption of the budget, or as subsequently approved by the Board. The Executive Committee shall be authorized to permit budget modifications in amounts up to $50,000 for expenditures in excess of previously budgeted or approved amounts. ARTICLE IX M-9 ACCOUNTS AND RECORDS The Authority shall maintain such funds and accounts in accordance with acceptable accounting practices or by any provision of the law or any policy of the Board. Books and records in the possession of the Treasurer or the Board’s designee that are considered public documents by state law shall be open to inspection at all reasonable times by designated representatives of the Participating Agencies. The Treasurer or the Board’s designee shall report to the Board as required by State law and Board policy. The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of the Authority at the end of each fiscal year. The audit report shall be filed within six (6) months of the end of the fiscal year under examination. The Authority shall bear the cost of the audit. The fiscal year of the Authority is the period from the first day of July of each year to and including the last day of June of the following year. The Authority shall maintain or cause to be maintained accurate loss records for all covered risks, for all claims paid, and for such other losses as it requires records or directs records to be maintained. ARTICLE X SETTLEMENT OF CLAIMS The General Manager or the Board’s designee shall have authority to settle workers compensation, property and liability claims up to the limit specified by law and Board policy but not to exceed the actual amount of the claim. The General Manager will have authority to settle property and liability claims for up to $40,000 per occurrence. The Executive Committee shall have authority to settle property and liability claims from $40,000 up to $150,000 per occurrence. The Board shall have authority to settle claims in excess of these amounts up to the Authority’s limit of coverage. For workers compensation claims, staff has standing authority to pay benefits due under workers compensation law for medical benefits, temporary disability, etc. and to resolve permanent disability claims up to statutory requirements. Any settlements for permanent disability and/or a covenant and release exceeding the statutory requirements may be settled by the General Manager for amounts not to exceed $40,000; by the Executive Committee for amounts not to exceed $150,000; and for any higher amount, by the Board, up to the Authority’s limit of coverage. From time to time, the Board may, by policy or resolution, raise or lower the level of settlement authority granted to the General Manager and/or Executive Committee. M-10 ARTICLE XI POOLED RISK COVERAGE PROGRAMS The Authority shall provide pooled risk coverage programs as determined by the Board of Directors. All Participating Agencies must participate in at least one pooled risk coverage program in order to maintain their membership in the Authority. The terms and conditions of each pooled risk coverage program including, but not limited to, agency participation commitment, choices of self-funded retentions, cash contributions, formulas, and other relevant details will be determined by the Board through these Bylaws, addendum, policies and/or coverage agreements. The Board is authorized to adopt and provide additional pooled risk coverage programs it deems beneficial to Members. Coverage may be provided by a self-funded risk-sharing pool, participation in pooled excess self-insurance, purchased insurance, reinsurance or any combination thereof, as determined by the Board as described in policy, attached addendum or coverage agreement. Each pooled risk coverage program will be funded by annual cash contributions of the Participating Agencies at a level that is determined to be sufficient to cover the predicted losses, loss adjustment expenses, defense costs, excess premiums, and proportionate share of general administrative expenses of the Authority. The cash contributions shall be calculated by taking into consideration the above expenses as well as each Participating Agency’s incurred loss experience and deductible selected. The formula for establishing the cash contributions shall be included as an addendum to these Bylaws or in Board policy and can be changed by the Board to properly fund each program. The cash contributions will be pooled with each year’s cash contributions to provide a central pool for each pooled risk coverage program. These cash contributions paid to the Authority and any investment income attributed to such fund shall be held in trust by the Authority to carry out the purposes of the Authority as set forth in these Bylaws and the Authority Agreement. Failure to pay cash contributions when due will constitute grounds for cancellation of coverage under terms and procedures established by the Board. If the participating agency doesn’t pay after 30 days, an interest fee will be issued; after 60 days, a $150.00 penalty will be issued; and after 90 days of non-payment, notification will be sent to the Executive Committee and the delinquent Member’s City Manager. After 120 days, a notice of cancellation will be issued by the Executive Committee to the delinquent Member. Refunds of excess funds to the Participating Agencies will be issued in accordance with these Bylaws or policies established by the Board. Per California Government Code section 6512.2, there is no right to refunds or return of excess funds at any time, except as approved by the Board, and withdrawal or termination of membership shall not require the refund of any contributions, payments or advances by the Member. M-11 Excess funds in one pooled risk coverage program shall not be used to fund a different pooled risk coverage program. Cash contribution invoices are payable upon receipt and become in arrears thirty (30) days after the invoice date. Interest and/or other penalties for all such invoices in arrears shall be calculated in accordance with the policies and procedures adopted by the Board. ARTICLE XII RISK COVERAGE AND DEDUCTIBLES EFFECTIVE DATE Pursuant to the payment of cash contributions by each Participating Agency to the Authority, the Authority shall issue to each Participating Agency a coverage agreement or policy, indicating the risk coverage provided to the Participating Agency by the Authority. The coverage provided by the coverage agreement begins and ends for each Participating Agency on such dates as set forth in the coverage agreement. DEDUCTIBLES For each coverage agreement provided, the Authority is responsible for the risks covered by the coverage agreement over and above the deductible but only up to the limits of the coverage agreement. Each Participating Agency shall designate the deductible for each of its coverage agreements, but in no case will it be less than the per loss amount stated by Board policy or in the Bylaws. Each Participating Agency is responsible for the deductible applicable to it under the coverage agreement. The Authority shall take the amount of the deductible into consideration in calculating the amount charged to each Participating Agency for the risks covered. The Participating Agency will be responsible for all amounts over the combination of its Deductible, the Authority’s coverage amount, and any purchased and/or pooled excess coverage if the loss or settlement exceeds the combination. SUBROGATION The Authority shall share each subrogation recovery with the Participating Agency in accordance with any policies or procedures described in the coverage agreement from which the covered loss originated. Each subrogation action shall be brought on behalf of both the Participating Agency and the Authority. SPECIAL COVERAGES The Authority may negotiate special coverages with or for a Participating Agency(ies) as may be requested by the Participating Agency(ies). The special coverages may be approved by the Board and be funded in accordance with the Authority’s Bylaws or policies. It is M-12 intended that special coverages for any Participating Agency(ies) not be provided at the expense of the other Participating Agencies without Board approval. ARTICLE XIII ASSESSMENTS Upon a majority vote of the Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program. There must be a finding by the Board that these are insufficient funds available to the Authority to meet its obligations. A cash assessment shall be directed only to those Participating Agencies or former Participating Agencies which participated in the pooled coverage program during the program year in which the covered loss, causing the assessment, was incurred. The cash assessment will be due and payable thirty (30) days from the date the Board declares the assessment, unless otherwise indicated. Any costs, including attorney fees incurred by the Authority in collecting any cash assessment, shall be reimbursed in full by the Participating Agency against which such collection action has been taken. New Member ARTICLE XIV MEMBERSHIP M-13 The Authority may allow entry into the program a new Participating Agency as an Associate Member, approved by the Board only at the beginning of the Authority’s fiscal year following the Authority’s fiscal year in which the request to join the Authority is submitted to the Board by the agency requesting membership. Request for membership shall only be considered by the Board if the agency requesting membership has submitted a written request to the Board at least six (6) months prior to the beginning of the Authority’s fiscal year in which the agency seeks membership. Moreover, the Board shall not consider a request for membership unless it includes, but is not limited to, such information as noted below: a) Complete a REMIF application form, which may include, but not be limited to, the following information. 1) underwriting data for the current year; 2) payrolls for the prior five years; 3) loss history for the prior five years; 4) a copy of the most recent claims audit and actuarial reports; 5) a copy for the most recent audited financial statements; 6) an indication as to the pooled coverage programs in which the prospective applicant wishes to participate and the anticipated retained limit for such programs; and b) Provide an actuarial study in a framework that is acceptable to REMIF. c) Provide a current accreditation or independent consultant’s report from an organization that is acceptable to REMIF. d) Submit to a staff analysis of their qualifications for membership and provide whatever documentation is required. e) Comply with any other requests or considerations made by the Board of Directors. Agencies entering under this Article shall be required to pay their share of organizational expenses as determined by the Board, including those necessary to analyze their loss data and determine their premiums. Upon review of a prospective Participating Agency’s application and after any necessary site visits by staff, a report, containing a staff recommendation, will be presented to the Board of Directors. The prospective Participating Agency will be invited to attend a meeting of the Board of Directors to respond to questions concerning the application. The M-14 affirmative vote of a two-third (2/3) majority of the Board is necessary for admission to the Authority. Any agency admitted under this Article will be designated an Associate Member with all the rights and responsibilities assigned by the Agreement, these Bylaws, and Board policies to an Associate Member. ARTICLE XV TERMINATION AND DISTRIBUTION Upon termination of the Authority, in accordance with Article XXII of the JPA Agreement, the Authority shall take all necessary actions to properly dispose of all claims and other liabilities of the Authority. Cash Contributions: All remaining cash assets shall be distributed among only the parties which have been participants in the pooled coverage program, including any of those parties which had previously withdrawn, or were expelled, pursuant to Articles XX and XXI of the JPA Agreement and in accordance with the terms and conditions of the Bylaws. Each qualifying participant’s share shall be determined by policy or a resolution of the Board of Directors. The Board shall determine and make such distribution within six (6) months after the last pending claim or covered loss, subject to the JPA Agreement, has been finally resolved. Real and Personal Property (other than cash contributions): All real and personal property shall be liquidated. The cash from the liquidated assets will be distributed in the manner as determined by the Board of Directors. The Board shall determine and make such distribution within six (6) months after the last pending claim or covered loss, subject to the JPA Agreement, has been finally resolved. ARTICLE XVI AMENDMENTS These Bylaws may be amended by a two-thirds (2/3) vote of the Board provided that any amendment is compatible with the purposes of the Authority, is not in conflict with the JPA Agreement, and has been submitted to the Board at least thirty (30) days in advance. Any such amendment shall be effective immediately, unless otherwise designated. ARTICLE XVII SEVERABILITY Should any portion, term, condition or provision of these Bylaws be decided by a court of competent jurisdiction to be illegal or in conflict with any laws of the State of California or the United States, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. M-15 ADDENDUM I MEMBER LISTING Original 7 Founding Members Established in 1976 City of Cloverdale City of Cotati City of Healdsburg City of Rohnert Park City of Sebastopol City of Sonoma City of Ukiah Effective July 1, 2014, the following public agencies are Current Members and Former Associate Members of the Redwood Empire Municipal Insurance Fund: Member Date Joined City of Fort Bragg 12/31/78 City of Lakeport 12/31/78 City of Willits 12/31/78 City of Arcata 7/1/80 City of Fortuna 7/1/80 City of St. Helena 7/1/86 Town of Windsor 7/1/92 City of Eureka 3/1/93 City of Crescent City 3/1/78 to 6/30/93 (Former) M-16 ADDENDUM II OFFICES The principal address of Redwood Empire Municipal Insurance Fund for the transaction of business and receipt of all notices shall be: 414 W. Napa Street Sonoma, CA 95476 REDWOOD EMPIRE MUNICIPAL INSURANCE FUND FOURTH AMENDED AND RESTATED JOINT POWERS AGREEMENT Effective as of July 1, 2021 This Fourth Amended and Restated Agreement is made by and among the following public entities: City of Arcata, City of Cloverdale, City of Cotati, City of Eureka, City of Fortuna, City of Ft. Bragg, City of Healdsburg, City of Lakeport, City of Rohnert Park, City of Sebastopol, City of Sonoma, City of St. Helena, City of Ukiah, City of Willits and Town of Windsor, hereafter referred to as Members, all of which are public entities generally organized and operating under the laws of the State of California or public entities specifically organized and operating under §6507 of the California Government Code and related provisions of law which authorize the creation and operation of governmental joint powers authorities under California law. This Fourth Amended and Restated Agreement is dated and will be effective July 1, 2021. RECITALS I.The following State laws, among others, authorize the Members to enter into this agreement: A.Labor Code §3700(b) allowing a local public entity to fund its own workers’ compensation claims; B.Government Code §989 and §990, and Education Code §15802, permitting a local public entity to insure itself against liability and other losses; C.Government Code §990.4, permitting a local public entity to provide insurance and self-insurance in any desired combination; D.Government Code §990.8, permitting two or more local public entities to pool self- insured claims or losses and enter into an agreement to jointly fund such expenditures under the authority of Government Code §§6500 through 6515; and E.Government Code §§6500 through 6515, permitting two or more local public entities to jointly exercise, under an agreement, any power which is common to each of them. II.The governing board of each undersigned public entity has determined that it is in its best interest and in the public interest that this FOURTH AMENDED Agreement be executed and that it shall participate as a Member of the public entity created by the original version of this Agreement. NOW, THEREFORE, the undersigned, by, between and among themselves, for and in consideration of the mutual benefits, promises and agreements set forth below, hereby agree as follows: Exhibit B AGREEMENT ARTICLE I CONTINUATION OF THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND Pursuant to Article I, Chapter 5, Division 7, title I of the Government Code of the State of California (commencing with §6500), the parties previously created a public agency, separate and apart from the parties, now known as the REDWOOD EMPIRE MUNICIPAL INSURANCE FUND, hereinafter called the Authority. This Fourth Amended Agreement amends and supersedes all prior joint powers agreements of the parties. ARTICLE II PURPOSES The purpose of the Authority is to develop an effective risk management program: (a) to reduce the amount and frequency of their losses; (b) pool their self-insured losses; and (c) jointly purchase excess insurance and administrative services in connection with a joint protection program for said parties. ARTICLE III DEFINITIONS Unless the context otherwise requires, the following terms shall be defined as herein stated: Alternate Director means the individual appointed by a Member or Associate Member to act in the absence of a duly appointed Director except the Alternate Director shall not exercise the powers of an officer of the Authority or serve on the Executive Committee. Associate Member means any contracting public agency who has not been a member for over 10 years. A listing of the Associate Members and former Associate Members will be an addendum to the JPA Bylaws. Authority means the Redwood Empire Municipal Insurance Fund created by this Agreement. Board or Board of Directors means the governing board of the Authority. Broker is an insurance broker used by the Board to acquire insurance coverage. Cash Assessment means an amount determined by the Board, to be paid by each Participating Agency as necessary to meet the Authority’s obligations. Cash Contribution means the annual dollar amount determined by the Board which is payable to each Participating Agency as its established share of the funding required to cover the financial obligation of each pooled coverage program or insured program in which the Participating Agency participates. Certificate of Coverage for Additional Covered Party means the document issued by the Authority to third parties specifying the type and amount of pooled coverage provided to the Participating Agency by the Authority and extended to the named third party for the specified purpose. Claims means demands made against the Participating Agencies or the Authority arising out of occurrences which may be within any of the Authority’s coverage agreements. Claims Adjuster is the claims adjuster hired as an employee of the Authority and/or contracted by the Board to determine losses and make or recommend payments in the various coverage programs. Coverage Agreement is the document issued by the Authority to Participating Agencies specifying the scope and amount of pooled protection provided to each Participating Agency by the Authority in each pooled coverage program. Covered Loss means any loss resulting from a claim or claims against a Participating Agency or the Authority which is in excess of the respective self-funded retention, and is covered by a Coverage Agreement issued by the Authority or any purchased programs and may include loss payments, defense costs, and other charges directly attributed to the resolution of the matter including defense costs incurred by the Authority. Deductible means the amount of a claim or lawsuit, which the Participating Agency must incur or become liable for before the Authority is obligated to pay. Deductible is synonymous with Self-Funded Retention. Director means the individual appointed by the Member or Associate Member to serve on the Board or the Alternate Director in the absence of the individual Director. Excess Insurance means any self-insurance, insurance, or reinsurance purchased by the Authority to cover losses in excess of the Authority’s self-insured retention. Executive Committee means that body composed of the President, Vice President and one or more additional members of the Board appointed or elected in accordance with the Bylaws of the Authority. General Manager is the person or firm appointed by the Board to be its Secretary and the Chief Administrative Officer of the Authority. Incurred Loss means the sum of monies paid and reserved by the Authority that is necessary to investigate and defend a claim and to satisfy a covered loss sustained by a Participating Agency or the Authority pursuant to a coverage agreement. Member means any Member that has been in the JPA for 10 consecutive years or more. A listing of the Members and former Members will be an addendum to the JPA Bylaws. Participating Agency means any Associate Member agency or Member agency who is covered by this Agreement. Pooled Coverage Programs shall consist of coverages provided or formerly provided directly by the Authority pursuant to a Coverage Agreement. Program Year means a period of time determined by the Board, usually twelve (12) months, into which each pooled coverage program shall be segregated for purposes of account, record keeping, and coverage interpretation. Self-Funded Retention means the amount of a claim or lawsuit, which the Participating Agency must incur or become liable for before the Authority is obligated to pay. Self Funded Retention is synonymous with Deductible. Treasurer means an officer of the Authority appointed by a majority of the Board who shall serve at the pleasure of the Board. ARTICLE IV PARTIES TO AGREEMENT Each party to this Agreement certifies that it intends to, and does, contract with all other parties who are signatories of this Agreement and, in addition, with such other parties as may later be added as parties to, and signatories of, this Agreement pursuant to Article XIX. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Article XX or XXI, shall not affect this Agreement or the remaining parties’ intent to contract as described above with the other parties to the Agreement then remaining. Each Participating Agency must, at all times, participate in at least one Coverage Program of the Authority. ARTICLE V TERM OF AGREEMENT This Fourth Amended and Restated Agreement shall become effective as of July 1, 2021, and shall continue full force until terminated as hereafter provided. ARTICLE VI POWERS OF THE AUTHORITY The Authority is authorized, in its own name, to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or as otherwise authorized by law, including but not limited to the power to: A. make and enter into contracts; B. incur debts, liabilities and obligations; but no debt, liability or obligation of the Authority is a debt, liability or obligation of any Participating Agency, except as otherwise provided by Articles XX and XXI; C. acquire, hold or dispose of real and personal property; D. receive contributions and donations of property, funds, services and other forms of assistance from any source; E. sue and be sued in its own name; F. employ agents and employees; G. acquire, construct, manage and maintain buildings; H. lease real or personal property including that any Participating Agency; and I. receive, collect, invest and disburse monies. ARTICLE VII PARTICIPATING AGENCY RESPONSIBILITIES Each Participating Agency shall have the following responsibilities;  appoint a representative of the Participating Agency to be responsible for the risk management function within that Participating Agency, and to serve as a liaison between the Participating Agency and the Authority regarding risk management matters;  provide the Authority with current, complete, and accurate information which will be used to determine the appropriate coverage cash contributions for each coverage program. This information can include but is not limited to property and building values, vehicle types and numbers, annual payrolls, miles of streets and sidewalks, and other pertinent demographic information;  pay its coverage cash contributions, and any adjustments including cash assessments, promptly to the Authority when due. After withdrawal or termination, such agency shall pay promptly to the Authority its share of any additional coverage cash contributions or cash assessments, when and if required of it by the Board under Article XX or XXI of this Agreement;  establish and maintain risk management programs including but not limited to loss control, risk transfer and employee safety programs;  report to the Authority’s risk manager, during the development stage, the addition of new programs or facilities, and the elimination or significant reduction or expansion of existing programs or facilities;  comply with the Agreement, Bylaws and all policies and procedures adopted by the Board;  promptly notify the Authority of any claim or summons and complaint which may result in a covered loss that is filed against and/or received by a Participating Agency;  cooperate fully with and assist the Authority in determining the cause of claims and in the settlement of claims, as defined in the specific coverage agreement;  cooperate fully with and assist the Authority, and any insurer, claims adjuster or legal counsel, of the Authority, in all matters relating to this Agreement and covered losses;  comply with the risk management requirements established by the Authority;  provide the Authority with such other information or assistance as may be necessary for the Authority to carry out the joint protection program under this Agreement;  if a Member or an Associate Member, appoint a representative and alternate to the Board. ARTICLE VIII BOARD Responsibility for the control, direction, and administration of the Authority shall be vested in the Board. The Board will consist of a representative of each Member and Associate Member agency. The powers of the Board shall be all of the powers of the Authority not specifically reserved to the Participating Agency by this Agreement. POWERS OF THE MEMBERS AND ASSOCIATE MEMBERS The city councils of the Members and Associate Members hereby retain the following powers: A. the appointment of their Director and Alternate Director to the Board; B. approval of amendments to this Agreement as specified in Article XXVI; and C. termination of the Authority in accordance with Article XXIII. BOARD OF DIRECTORS– APPOINTMENTS The Director and Alternate Director of the Board shall be appointed by the respective Member and Associate Member which shall notify, in writing, the Authority of the appointment. The representative shall serve at the pleasure of the Member or Associate Member until written notice of the appointment of a successor is received by the Authority. The Alternate Director shall have all the powers of the representative in their absence except that the Alternate Director shall not exercise the powers of an officer of the Authority or serve on the Executive Committee. Each Director has one (1) vote on the Board. A board member is not entitled to compensation from the Authority. However, the Board may authorize reimbursement for expenses incurred by a Participating Agency or Director/Alternate Director in connection with his or her duties as a board member. ARTICLE IX COMMITTEES The Board shall have the authority to establish committees as it deems appropriate to conduct the business of the Authority. The Board is authorized to dissolve any committee established pursuant to this Article. ARTICLE X MEETINGS The Board shall hold at least one regular meeting each year. Each meeting of the Board and Executive Committee, including, without limitation, regular, special and adjourned regular or special meetings, shall be called, noticed, held and conducted in accordance with applicable State law. ARTICLE XI OFFICERS AND EMPLOYEES The officers of the Authority shall be the President, Vice President, Treasurer and General Manager. The President and Vice President shall be elected by the Board from among its own members, as individuals, not as the Participating Agencies they represent. The term of office for President and Vice President shall be one (1) fiscal year, and they shall assume the duties of their offices at the beginning of the fiscal year. The Board shall appoint as a Treasurer a person who need not be a member of the Board, whose qualifications will be set by Board policy. This person shall have the powers, duties and responsibilities specified in Government Code §6505.5. The Treasurer shall serve at the pleasure of the Board. If the President or Vice President ceases to be a member of the Board or is removed from office, the resulting vacancy shall be filled, for the unexpired term, at the next regular or special meeting of the Board held after the vacancy occurs. The General Manager shall be the Secretary and Chief Administrative Officer of the Authority. The Board shall appoint the General Manager who shall serve at the pleasure of the Board. The responsibilities and duties of the officers of the Authority shall be as defined in the Bylaws and as assigned by the Board. The Board may appoint such other officers and employees and may contract with such persons or firms as it considers necessary to carry out the purposes of this Agreement. The Board shall also set the terms and conditions of employment for the Authority’s employees by Board action or policy. Any Participating Agency which agrees to have an employee or other representative assigned duties pursuant to this Article may be reimbursed by the Authority for that individual’s time and services rendered on behalf of the Authority, at the discretion of the Board. Any such employee, while acting for or on behalf of the Authority, will be entitled to defense and indemnification by the Authority to the extent provided in California Government Code §825 et. seq. and §995 et seq. The Board shall require the General Manager and the Treasurer to file with the Authority an individual or a blanket bond in an amount to be fixed by the Board, but not less than $100,000. The Authority shall pay the cost of the premiums for the bond required by it. ARTICLE XII FISCAL YEAR/BUDGET The Authority’s fiscal year shall be from July 1 to June 30 unless otherwise indicated by Board resolution. An annual budget shall be presented by the General Manager to the Board before and shall be adopted by the Board no later than June 30 of each year. At the discretion of the Board, a multi- year budget may be adopted, thereby eliminating the requirements of annual presentation and adoption during the term of such multi-year budget. ARTICLE XIII ANNUAL AUDITS AND AUDIT REPORTS FINANCIAL AUDIT The Board shall cause an annual financial audit in accordance with generally accepted auditing standards to be made with respect to all receipts, disbursements, other transactions and entries into the books by a Certified Public Accountant, and a report of such financial audit shall be filed as a public record with each of the Participating Agencies and with the county auditor in the county where the Authority has its principal office as stated in the Bylaws. All costs of such financial audit shall be paid by the Authority as a general and administrative expense. ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS The Board shall be responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the subject, particularly §6505 of the California Government Code. The Treasurer or Board’s designee shall receive, invest and disburse funds only in accordance with the procedures established by the Board and in conformity with applicable law. The General Manager shall have the authority to expend funds, which have been budgeted, as provided in the Bylaws. An Investment Policy shall be adopted by the Board and reviewed annually as required by state law. The Authority may make loss payments on behalf of a Participating Agency up to the maximum amount of the self-insured coverage provided by the Authority, but limited to the actual amount of the loss. The Board will set the level of authority for the settlement of claims by the General Manager and Executive Committee. ARTICLE XV CASH CONTRIBUTION Each Participating Agency shall make a cash contribution for each year of participation in each pooled coverage program in an amount approved by the Board. The amount of such cash contribution shall be determined in accordance with a formula and schedule of payment contained in the Bylaws of the Authority or a policy established pursuant to the Bylaws and shall be sufficient, when combined with the cash contributions of all other participants in such pooled coverage programs, to cover the outstanding liabilities, actuarially predicted losses, loss adjustment expenses, defense costs, excess insurance premiums and administrative expenses of the Authority. The cash contribution is payment for the various coverage agreements issued by the Authority to each Participating Agency for the risk coverage specified in the coverage agreement or insured program. The Board may, but is not required to, use standard form policies utilized in the market for any coverages authorized by the Board. The scope of any such coverages in the pool shall be determined by the Board as specified in the Authority’s Bylaws, policy statements, and/or in the coverage agreement. The cash contribution shall be billed to the Participating Agencies in accordance with the policy set by the Board. Any cash contributions not received by the Authority within thirty (30) days following the date of billing shall be in arrears and subject to interest and/or penalties in accordance with the Bylaws or any policy adopted by the Board. ARTICLE XVI CASH ASSESSMENT The Board by a majority vote shall have the authority to levy a cash assessment upon a determination that it is necessary to meet the Authority’s obligations. All cash assessments shall be determined and payable in accordance with Board policy or Bylaws and shall be assessed against those Participating Agencies who participated in the program year(s) resulting in a deficit. ARTICLE XVII POOLED COVERAGE PROGRAMS The pooled coverage for each program shall be as specified in the Bylaws and applicable policies and procedures. Any new Participating Agency accepted for membership in the Authority shall have an initial three-program year, non-cancelable commitment. Each Participating Agency may participate in such pooled coverage programs as are offered by the Authority on such terms, for such time periods and with such cash contributions as are determined by the Board. ARTICLE XVIII AUTHORITY FUNCTIONS AND RESPONSIBILITIES The Authority shall perform the following functions in discharging its responsibilities under this Agreement: (a) provide coverage, as authorized by the Board, through, but not limited to, a self- insurance fund and commercial insurance, as well as excess coverage, reinsurance, and umbrella insurance, by negotiation, bid, or purchase; (b) provide claims management and legal services for covered risk, which may or may not exceed the Participating Agency’s deductible; (c) provide claims recovery and subrogation services to investigate, pursue and collect for damages caused by the acts of others; (d) establish actuarial services to distribute costs and generate revenues; (e) provide loss analysis control by use of statistical analysis, data processing, record and file keeping services in order to evaluate proper levels of self-funded retention and deductibles; (f) select legal counsel according to policy established by the Board; (g) perform other functions as required by the Board for the purpose of accomplishing the goals of the Agreement. ARTICLE XIX NEW PARTICIPATING AGENCIES It is the intent of the Authority to provide, to the extent permitted by law and Board policy, for the inclusion at a subsequent date of such additional public entities, organized and existing under the Constitution or laws of the State of California, as may desire to become Participating Agencies of the Authority. The Board shall review all applications for participation in the Authority. Those public agencies seeking membership must be approved by the affirmative vote of a two-third (2/3) majority of the Board. Public agencies applying under this Article shall be required to pay their share of organizational expenses, as determined by the Board, including those costs necessary to analyze their loss data and determine their cash contributions. Cash contributions for Participating Agencies joining the Authority at other than the beginning of the Authority’s program year, shall be prorated for the remainder of the program year. A new Participating Agency will be considered an Associate Member, whose voting rights will be granted in conformity with the Agreement and Bylaws. ARTICLE XX WITHDRAWAL A new Participating Agency which wishes to join the Authority shall not withdraw from the Authority for a three (3) fiscal year period commencing on July 1st of the first full fiscal year that said new Participating Agency became a Participating Agency of the Authority. After the initial three (3) fiscal year non-cancelable commitment to the Agreement, a Participating Agency may withdraw only at the end of a fiscal year of the Authority, provided it has given the Authority a six (6) month written notice of its intent to withdraw from this Agreement and the joint protection program. Any Participating Agency which withdraws as a party to this Agreement pursuant to this Article, or is expelled pursuant to Article XXI, shall not be reconsidered for new Membership until the expiration of five (5) years from the Participating Agency’s withdrawal. ARTICLE XXI EXPULSION The Authority shall have the right to expel any Participating Agency from a specific coverage program or from the entire Authority upon a four-fifths (4/5) vote of the entire Board after ninety (90) days written notice to the Participating Agency; and such expulsion shall be effective at the conclusion of the program year in which the notice is given, unless a different, specific date is stated by the Board. Any Participating Agency so expelled shall, on the effective date of the expulsion, be treated the same as if the Participating Agency had voluntarily withdrawn from this program. ARTICLE XXII EFFECT OF WITHDRAWAL OR EXPULSION The withdrawal or expulsion of any Participating Agency after the inception of its participation in the Authority or any pooled coverage program shall not terminate its responsibility: (a) to cooperate fully with the Authority in determining the cause of losses and in the settlement of claims incurred during the coverage period, as defined in the Memorandum of Coverage; (b) to pay any cash assessments or other amounts determined by the Board to be due and payable to each program year of each program in which it participated until all claims, or other unpaid liabilities, covering such periods have been finally resolved; (c) to provide the Authority with such statistical and loss experience data and other information as may be necessary for the Authority to carry out the purposes of this Agreement; and (d) to cooperate with and assist the Authority and any insurer, claims adjuster or legal counsel retained by the Authority, in all matters relating to this Agreement. Coverages under all pooled coverage programs in which that Participating Agency participated will remain in effect and continue until the conclusion of their respective program years or an earlier date as determined by the Board. Further, withdrawal or expulsion of a Participating Agency shall not be considered as a completion of the purpose of this Agreement and shall not require the repayment or return to the withdrawing Participating Agency of all or any part of any contributions, payments or advances made by the parties unless the Agreement is rescinded or terminated as to all parties; however, when funds earmarked for program years in which the Participating Agency participated are rebated or redistributed to Participating Agencies, the withdrawing Participating Agency will be entitled to its pro rata share as determined by the Board for its years of participation. ARTICLE XXIII TERMINATION AND DISTRIBUTION This Agreement may be terminated any time by the written consent of a majority of the Members’ city councils provided that all Participating Agencies are notified in writing at least ninety (90) days in advance; provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Authority. Notification of the action of the Members’ city councils in terminating this Agreement may be delivered by mail to the Authority or in person by each Member’s Director or Alternate Director at a regular or special meeting of the Board. Upon termination of this Agreement, all assets of the Authority shall be distributed only among the Participating Agencies which have been participants in its pooled coverage programs, including any of those Participating Agencies which previously withdrew or were expelled pursuant to Articles XXI and XXII of this Agreement, and in accordance with the terms and conditions of the Bylaws of the Authority. The Board shall determine such distribution within six (6) months after the last pending claim or covered loss subject to this Agreement has been finally resolved. The Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. These powers shall include the power to require the Participating Agencies, including those which were program participants at the time the claim arose or at the time the covered loss was incurred, to pay their share of any cash assessment deemed necessary by the Board for final disposition of all such claims and covered losses subject to this Agreement. The decision of the Board under this Article shall be final. ARTICLE XXIV NOTICES Notices to Participating Agencies under this Agreement shall be sufficient if mailed, first class, to their respective addresses on file with the Authority. Notices to the Authority shall be sufficient if mailed, first class, to the address of the Authority as contained in the Bylaws. ARTICLE XXV PROHIBITION AGAINST ASSIGNMENT No Participating Agency may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Participating Agency shall have any right, claim, or title to any part, share, interest, or asset of the Authority. ARTICLE XXVI AMENDMENTS This Agreement may be amended by two thirds (2/3) vote of the Members’ and Associate Members’ city councils provided that any amendment is compatible with the purposes of this Agreement and has been submitted to the Members at least thirty (30) days in advance. Any such amendment shall be effective immediately upon receipt by the Authority of votes sufficient for passage, unless otherwise designated. Notification of the action of the Members’ city councils may be delivered by a Member’s Director or Alternate Director at any regular or special meeting of the Board. Such amendments shall be binding upon all Participating Agencies of the Authority. ARTICLE XXVII SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California or the United States, or to be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions terms conditions and provisions shall not be affected thereby. ARTICLE XXVIII AGREEMENT COMPLETE The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. 1 65365.00002\33006226.3 BYLAWS of the CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY ARTICLE I. PREAMBLE The California Intergovernmental Risk Authority (“CIRA” or “the Authority”) is established for the purposes and under the authorities described in its Joint Exercise of Powers Agreement (“Agreement”). The Agreement specifies that Bylaws will govern many of the operations of the Authority, and defines certain terms used in these Bylaws. ARTICLE III. NEW MEMBERS Any California public agency that provides municipal services may become a Member of the Authority by agreeing to be bound by the Governing Documents and by complying with all of the following requirements: A.Submit a completed application for membership 90 days before the start of the fiscal year, including any required application fee; B.Submit a signed resolution acknowledging participation under the terms and conditions which then prevail; C.Execute the Agreement then in effect and agree to be bound by any subsequent amendments to the Agreement; D.Agree to be a Member for at least five consecutive fiscal years after commencement of membership or, if a member of the Public Agency Risk Sharing Authority of California (PARSAC) or the Redwood Empire Municipal Insurance Fund (REMIF) as of June 30, 2021, for two fiscal years after that date; E.Be accepted for membership by a two-thirds vote of the Board of Directors; F.Appoint, in writing, a representative to act as Director on the Authority’s Board and another to act as alternate Director in the absence of the Director, who shall be officers or employees of the Member; and G.Ensure the Director and alternate Director file with the Authority the required Fair Political Practices Commission (FPPC) forms upon assuming office, annually, and upon termination of office. Before the Board votes on a potential Member’s application, there shall be a review and interview of the applicant, in accordance with the Underwriting Guidelines, including the applicant’s most recent audited financial statement and associated management letters. This review may also include a safety inspection of the facilities of the applicant. A two-thirds vote of the Board of Directors is required to approve the Exhibit C 2 65365.00002\33006226.3 application, based upon the application, and any inspections, reports, or other material pertinent to the decision. ARTICLE IV. MEMBER RESPONSIBILITIES Each Member is responsible for the following: 1. Cooperation with the Authority, its insurers, adjusters and legal counsel in determining the cause of losses in settling claims, and supporting effective risk management and risk transfer decisions; 2. Timely payment of all contributions, assessments, interest, penalties, or other charges imposed consistent with the Governing Documents; 3. Providing the Authority with statistical and loss experience and other data as requested. 4. Execution of a membership resolution for each Program in which the Member participates. 5. Appointing a representative and alternate to represent the Member on the Authority’s Board, expressly authorizing such representatives to act on behalf of the Member on all matters coming before the Board, and assuring that its representative or alternate regularly attend meetings of the Board and any committee to which a representative has been appointed. 6. Execution of amendments to this Agreement as set forth in Article XV; provided, however, the Member may, by resolution or ordinance, authorize its representative on the Board to approve and execute amendments on behalf of the Member without the necessity of a resolution or ordinance of the legislative body of the Member confirming or ratifying such amendment. 7. As required by the Authority, undertake risk management audits of its facilities and activities, conducted by a person and/or firm approved by the Authority and provide evidence of correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of the Authority. 8. Use of an Authority-approved third-party claims administrator. 9. Payment for the costs of staffing and supporting the Authority (“general expenses”) shall be funded by the Members in accordance with the Board’s allocation of general expenses to the Authority’s various Programs. ARTICLE V. GOVERNING BOARD A. The governing body of the Authority shall be the Board of Directors (Board). The Board shall be comprised of one Director from each Member. Each Director has one vote. An alternate Director may cast a vote only in the absence of the Director. Each Director and alternate Director must be an officer or employee of the Member. A Member may change any of its representatives to 3 65365.00002\33006226.3 the Board only by written notification to the Authority from the Member’s governing body or the Member’s Chief Executive Officer or equivalent. B. The Board shall provide policy direction for the General Manager, the Executive Committee, any other standing committees, and any administrative or legal service providers to the Authority. The Board may delegate any or all of its responsibilities, except those requiring a vote by the Board as specified in the Governing Documents. C. As to Program-specific agenda items, only the Directors representing Members that participate in that Program may vote, and as to such items a quorum shall be determined by reference to the number of Members participating in the Program. As to agenda items relating to all liabilities and obligations of CIRA existing prior to the Effective Date (“Preexisting Obligations”), only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date. D. The Board reserves unto itself the authority to do the following (except where specifically noted, a simple majority of the Board present at a meeting may take action): 1. Accept a new Member to the Authority (two-thirds vote of the Board); 2. Accept indebtedness (two-thirds vote of the entire Board); 3. Adopt a budget; 4. Amend these Bylaws; 5. Elect and remove Officers; 6. Expel a Member from the Authority (two-thirds vote of the Board); 7. Approve dissolution of Authority (two-thirds vote of the entire Board); and 8. Approve financing costs from one Program to another (Program to Program borrowing) if such financing extends beyond a twelve-month period. E. The Board will meet at least once a year to review the operations of the Authority. The Board will establish a time and place to hold such regular meetings. The Board Secretary will mail notices of all Board meetings to each Member, keep minutes of the meetings, and send copies of such minutes to the Members. F. A special meeting may be called by the president or by a majority of the Board with twenty-four (24) hours’ notice, stating the purpose, date, time, and place of the meeting, provided such notice is in writing. G. Every Member is expected to have its Director or alternate attend Board meetings. 4 65365.00002\33006226.3 H. All meetings of the Board shall be conducted in accordance with the Ralph M. Brown Act (Government Code §54950 et seq.) I. A quorum shall consist of a majority of the Directors then appointed and serving, without counting vacancies. All matters within the purview of the Board may be decided by a majority vote of a quorum of the Board, except as specified otherwise in the Governing Documents. ARTICLE VI. OFFICERS A. The officers of the Authority shall consist of a President, a Vice President, a Treasurer, an Auditor/Controller, and a Secretary. The Board shall elect the President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be directors on the Board. The Treasurer may be a Director, an employee of the Authority, or an employee of a Member, and if the Treasurer is an employee of a Member the employee need not be the Member’s designated representative on the Board. The General Manager shall serve as Secretary. B. Initial officers shall serve staggered terms with the President and Treasurer serving a two-year term and Vice President and Auditor/Controller serving a one-year term. The terms of office for subsequent officer elections shall be two years. The President and Auditor/Controller will be elected in odd-numbered years and the Vice President and Treasurer will be elected in even- numbered years. C. Initial officers (other than the Secretary) shall be elected at the first meeting of the Board of Directors. At least 30 days before each subsequent election, the President may appoint a nominating committee as set forth in these Bylaws or propose a slate informally. D. The nominating committee’s nomination of candidates for elected officer positions shall be made in writing, and the slate of nominees will be sent to each Member at least seven (7) days before the last regular Board meeting of the fiscal year. Additional candidates for any of the offices may be made by an open nomination and second from the floor at the time of the meeting. E. The election of officers will be held at the last regular Board meeting of the fiscal year in which their terms expire or at a special meeting called for that purpose. Those candidates receiving a majority of votes cast for each office will succeed to those offices. If no nominee receives a majority of the vote, the nominee with the least votes shall be deleted as a nominee and a new vote taken. This elimination process will continue until one nominee receives a majority vote. Each Director or, in the absence of that Director, the Director’s alternate, shall be eligible to vote. F. Each elected officer will serve until the next election of officers, or termination of his or her employment with the Member, or until removal from office by a majority vote of the Board, whichever is earliest. G. The Board shall make the appointment to a vacancy in the office of the President. Vacancies in any other office shall be filled by appointments by the President with ratification by the Board at 5 65365.00002\33006226.3 the next Board meeting held after the vacancy occurs. In the event that the Board fails to ratify an appointment, the President shall make another appointment which will be subject to ratification by the Board. H. The President shall preside at all meetings of the Authority. The President shall, with the consent of the Board or Executive Committee, appoint representatives to the board of any joint powers authority of which the Authority is a Member, and shall make all Committee appointments with the exception of the Executive Committee. The President shall execute documents on behalf of the Authority as authorized by the Board and shall serve as the primary liaison between the Authority and any other organization. The President shall serve as a member of the Executive Committee and as a nonvoting ex-officio member of all other Committees. I. In the absence or temporary incapacity of the President, the Vice-President shall exercise the functions of the President. The Vice-President shall serve as member of the Executive Committee and as a nonvoting ex-officio member of all other committees when the President is unable to attend. J. The Auditor/Controller shall be responsible for the duties and functions prescribed by Government Code Section 6505.6, as well as any other duties as may be specified by the Board or the Executive Committee. The Auditor/Controller may appoint an assistant to serve as needed, provided such assistant shall not be an employee or public official of the same Member as the Auditor/Controller. In the absence of both the President and Vice President at any one meeting, the Auditor/Controller shall preside over that meeting only and shall have powers and duties as may be required by the Board for this purpose. If the President, Vice-President, and Auditor/Controller will be absent from any one meeting, any of them may designate a director to preside over the meeting, but the designated director shall have only the powers and duties as may be required by the Board for this purpose. K. The Secretary shall be responsible for preparing all minutes and agendas of the Board, the Executive Committee, and any other Committee meetings, preparing necessary correspondence, and maintaining files and records. L. The Treasurer shall have no vote on the Board or Executive Committee unless the Treasurer is a designated representative of a Member to the Board. The Treasurer shall have the responsibility to establish and maintain such funds and accounts as may be required by accepted accounting practices and procedures prescribed by the Government Accounting Standards Board and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program. Books and records of the Authority in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Members. The Treasurer shall disburse Authority funds, accounts, and property, in accordance with the Government Code and at the direction of the Board. M. An Officer Emeritus is a retired or former member of the Authority’s or REMIF’s Executive Committee or Board of Directors, preferably an Officer, having served three terms or more on the Executive Committee or six years on the Board for each agency. The Officer Emeritus serves to maintain the institutional knowledge, culture, and practice of CIRA. The Officer Emeritus is 6 65365.00002\33006226.3 independent and does not represent any Member. The Officer Emeritus attends and may participate in meetings but does not vote. The Officer Emeritus may represent CIRA as directed and may serve as a mentor or advisor as needed and available. The Officer Emeritus receives a stipend as determined by the Board via resolution and reimbursement for reasonable travel expenses. The Executive Committee shall appoint up to two Officers Emeritus to be affirmed by the Board. The Officer Emeritus position will be re-evaluated by the Board after five years. ARTICLE VII. COMMITTEES A. Executive Committee. There shall be an Executive Committee to conduct the day-to-day business of the Authority. The Board may create other committees, standing or temporary, as it deems necessary. B. All committee meetings shall be conducted in accordance with applicable law, including but not limited to the Ralph M. Brown Act (Government Code § 54950, et seq.). For all committees, a quorum shall consist of a majority of committee members then appointed and serving, without counting vacancies. All matters within the purview of a committee may be decided by a majority vote of a quorum of the committee, except as specified otherwise in the Governing Documents. C. The Executive Committee shall be composed of thirteen members including the President, Vice- President, Treasurer (if a Board Member), and Auditor/Controller, and nine (or ten, if necessary) other individuals, all of whom must be Directors and not alternates. Five of the nine shall be elected by the Board in even numbered years and four (or five, if necessary) shall be elected by the Board in odd numbered years. One each shall be elected by the Directors in each of three regions designated by the Board. One each shall be elected by the Directors in each of three size categories (small, medium, and large) designated by the Board. Three (or if necessary four) shall be elected at large. Executive Committee members may be re-elected without restriction. All nine shall be elected in the first election following adoption of these Bylaws, with either four or five being designated to serve an initial term of one year until the next election depending on whether the next year is odd or even. For the first two elections after these Bylaws become effective on July 1, 2021, at least five members of the Executive Committee shall be from former members of the Redwood Empire Municipal Insurance Fund. No Member shall be represented by more than one member on the Executive Committee. D. Members of the Executive Committee may be removed with or without cause by the Board, which shall elect replacements for the vacancies caused by such removal. Members may also be removed for failure to attend two consecutive meetings without reasonable excuses. The President may appoint replacements to fill any vacancies caused by death, disability, resignation, disqualification, or removal for unexcused absences, and such appointees shall serve until the next meeting of the Board, at which time the selection of replacement shall be ratified or another replacement elected. E. The Executive Committee may exercise all powers and authority of the Board, except those reserved to the Board as set forth in Article V.D. The Executive Committee may make recommendations to the Board on matters including a change in Members’ retention levels, approval of the annual budget, and approval of new Members. The Executive Committee may also establish subcommittees, define their functions and responsibilities and appoint members 7 65365.00002\33006226.3 to them; appoint or terminate the General Manager; and exercise such other powers and perform such other duties as these Bylaws or the Board may prescribe. F. PARSAC Committee. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. G. Personnel Committee. The Officers (not including the Secretary or any Treasurer who is not a Director) and two other Directors appointed by the President (three if the Treasurer is not a Director) shall serve collectively as the Personnel Committee, with the authority to oversee, review and recommend action to be taken by the Executive Committee regarding the performance and compensation of the General Manager and any other personnel issues. ARTICLE VIII. GENERAL MANAGER A. The General Manager shall be the Chief Administrative Officer and Secretary of the Authority, appointed by the Board and serving at the pleasure of the Board. The General Manager may not be an employee or an officer of a Member. B. The General Manager shall be responsible for administering the operations of the Authority, including giving notices of meetings, posting of agendas for meetings, preparation of minutes of meetings, maintenance of all accounting and other financial records of the Authority, filing of all financial reports of the Authority, reporting activities of the Authority to Members, and other such duties as the Board may specify. C. The General Manager shall appoint all staff positions of the Authority, subject to budget approval by the Board, and shall be responsible for their supervision. D. The General Manager shall attend all meetings of the Board and Executive Committee ARTICLE IX. SETTLEMENT OF CLAIMS A. The General Manager shall have authority to settle workers compensation, property and liability claims up to the limit specified by Board policy but not to exceed the actual amount of the claim. The Executive Committee, Board, or a designated claims committee, if appointed, shall have authority to settle claims beyond the authority of the General Manager. B. For workers’ compensation claims, staff has standing authority to pay benefits due under workers’ compensation law for medical benefits, temporary disability, etc. and to resolve permanent disability claims up to statutory requirements. Any settlements for permanent disability and/or a compromise and release exceeding the statutory requirements may be settled by the General Manager, or by the Executive Committee or Board for amounts in excess of the General Manager’s authority up to the Authority’s limit of coverage. 8 65365.00002\33006226.3 ARTICLE X. FINANCIAL AUDIT A. The Auditor/Controller shall cause an annual audit of the financial accounts and records of the Authority to be made by a qualified, independent individual or firm. The minimum requirements of the audit shall be those prescribed by law. B. The financial audit report shall be filed with the State Controller’s Office within six months of the end of the fiscal year under examination. A copy of the audit report shall be filed as a public record with each Member. C. The costs of the audit shall be charged against the operating funds of the Authority. ARTICLE XI. FISCAL YEAR A. The fiscal year of the Authority shall be the period from July 1 of each year through June 30 of the subsequent year. ARTICLE XII. BUDGET A. A draft budget shall be presented to the Board at the last scheduled Board meeting prior to July 1 of the next fiscal year. B. The Board shall adopt the annual budget by July 1 of each year. ARTICLE XIII. ESTABLISHMENT AND ADMINISTRATION OF FUNDS A. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the subject, particularly Section 6505 of the Government Code. The Treasurer shall receive, invest, and disburse funds only in accordance with procedures established by the Board and in conformity with applicable law. B. The funds received for each Program shall be accounted for separately on a full-accrual basis. The portion of each Program’s annual contribution allocated for payment of claims and losses shall be held by the Authority in trust for the Program members. C. The Treasurer may invest funds not required for the immediate operations of the Authority, as directed by the Board or Executive Committee, in the same manner and on the same conditions as local agencies as provided by Government Code Section 53601. D. The General Manager shall draw warrants to pay demands against the Authority, after such demands have been approved by both the President and the Treasurer, except for employee payroll and benefits disbursements, and other unusual or urgent circumstances as determined 9 65365.00002\33006226.3 by the General Manager. All checks disbursing funds of the Authority shall be signed by at least two Authority officials, one of whom must be the General Manager or designee. E. Officers, directors and employees handling funds shall be properly bonded as determined by the Board or Executive Committee. ARTICLE XIV. PROGRAMS A. The Authority shall establish Programs in such areas as the Board may select including, but not limited to, the areas of property, workers’ compensation, and liability coverage. B. Coverage in a Program may be provided by a self-funded risk-sharing pool, participation in pooled excess self-insurance, purchased insurance, reinsurance or any combination thereof, as determined by the Board or Executive Committee. C. The Authority may authorize and use administrative funds to study the feasibility and development of new Programs. If a new Program is approved by the Board, the estimated contributions to fund the Program shall be developed and presented in writing to each Member. Each Member shall have sixty (60) days from the date of such notice to state in writing its intent to join or refrain from joining the new Program. Unless the Member provides written notice to the Authority of its intent to participate in the new Program, it shall be presumed that the Member declines to participate in the Program. Upon conclusion of the notice period, the final contributions will be determined and billed to the Members in the new Program. Each Member that elected to participate will be bound to the new Program for the period of time required by the Master Program Document. D. The Board will adopt and maintain a Memorandum of Coverage and Master Program Document, and determine the financial contributions to be required of the Members for each Program. The Memorandum of Coverage or Master Program Document shall, among other things, establish procedures for addressing claims disputes. E. Each Program will be financially self-contained and individually evaluated for administrative and equity allocation purposes. Each fiscal year within each Program shall be separately accounted and maintained. Program funds may be co-mingled with the funds of another Program for durations shorter than a twelve-month period, or when specifically allowed by the Board. F. Each Member shall cooperate fully with the Authority to provide underwriting and safety and loss control information. Additionally, each Member shall comply with the provisions of the annual Safety and Loss Prevention Program Plan as approved by the Board. G. Members with delinquent amounts due may be assessed a penalty which shall be set by the Authority. H. The condition of each Program shall be evaluated by an independent actuary. The Workers’ Compensation and Liability Programs shall receive such evaluation on an annual basis. Other Programs shall be evaluated as determined by the Board. The condition of each open fiscal year within each such Program shall be evaluated to determine its actuarial soundness. If it is 10 65365.00002\33006226.3 determined by the actuary that any year is no longer actuarially sound, appropriate actions shall be taken. In addition, the Board reserves the right to assess all Members and/or the Members of any Program an amount determined by the Board to be necessary for the soundness of the Program and to allocate such assessment in a fair and equitable manner. I. The withdrawal or expulsion of a Member from any Program shall be in accordance with the provisions of the Master Program Document. J. The withdrawal or expulsion of any Member from any Program shall not terminate the Member’s responsibility to contribute its share of contributions, or funds, to any fund or Program in which it participated, nor its responsibility to provide requested data for the periods in which it participated. All current and past Members shall be responsible for their respective share of the expenses, as determined by the Authority, until all claims, or other unpaid liabilities covering the period of the Member’s participation in the Program, have been finally resolved and a determination of the final amount of payments due by, or credit to, the Member for the period of its participation has been made by the Board. Past Members shall receive any distribution of surplus based on the same methodology as current Members. The withdrawal or expulsion of any Member from any Program shall not require the repayment or return to that Member of all or any part of any contributions, payments, advances, or distributions except in conformance with the provisions as set forth herein and in the Master Program Document. K. The Treasurer may deposit and invest Authority funds, subject to the same requirements and restrictions that apply to deposit and investment of the general funds of a city incorporated in the State of California and in accordance with the Investment Policy adopted annually by the Board. L. The accounting method for each Program will be in accordance with the provisions of the Master Program Document and the principles established by the Government Accounting Standards Board. ARTICLE XV. WITHDRAWAL, DEFAULTS AND EXPULSION FROM THE AUTHORITY A. Withdrawal from a Program 1. Any Member which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. 2. All Members must participate in at least one of the following two Programs: Workers’ Compensation and Liability. If withdrawal from a Program would result in the Member no longer participating in either of these two Programs, then such withdrawal shall constitute withdrawal as a party to the Joint Powers Agreement, subject to the Member’s continuing obligations outlined in this Agreement and any other relevant governing documents. Withdrawal from the Authority pursuant to this Section A requires one year’s notice of intent to withdraw as described in Section B below. 11 65365.00002\33006226.3 B. Withdrawal from the Authority 1. A withdrawing Member must notify CIRA of its intention to withdraw at least one year prior to the end of the fiscal year in which the Member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. 2. Withdrawing Members shall forfeit any remaining equity. In addition to foregoing equity, withdrawing members shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. The withdrawing member will be invoiced its portion of the administrative fee for each of the three years, as outlined in the Master Program Document. 3. Following withdrawal, any Member which was a participant in any Program shall be responsible for its share of any additional amount of contribution, determined by the Board in accordance with the retrospective contribution adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the withdrawn Member’s period of participation. Any such additional contribution shall be taken first from the Member’s forfeited equity, if any, and if such equity is insufficient the withdrawn Member shall be responsible to pay the difference. 4. A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than six (6) months’ notice shall be final. C. The following shall be “defaults” under the Agreement and these Bylaws: 1. Failure by a Member to observe and/or perform any covenant, condition, or agreement under the Governing Documents, including but not limited to risk management or loss reporting procedures; 2. Consistent failure to attend meetings by a Member’s designated representative or alternate, submit requested documents, or cooperate in the fulfillment of the Program objectives; 3. Failure to pay any amounts, including penalties and interest, due to the Authority for more than thirty (30) days; 4. Consistent inability to sustain the financial and insurance criteria that was reviewed and considered upon application for membership. For example, excessive losses, financial distress of member, handling of legal matters, corrective actions and other areas as determined by the Board; 12 65365.00002\33006226.3 5. The filing of a petition applicable to the Member in any proceedings instituted under the provisions of the Federal Bankruptcy Code or under any similar act which may hereafter be enacted; or 6. Any condition of the Member which the Board believes jeopardizes the financial viability of the Authority. C. Remedies on Default 1. Whenever any default has occurred, the Authority may exercise any and all remedies available pursuant to law or granted pursuant to the Agreement and these Bylaws including, but not limited to increasing a Member’s retention, penalty, or assessment, canceling a Member’s coverage, or expelling the Member. However, no remedy shall be sought for defaults until the Member has been given thirty (30) days’ notice of default by the Authority. 2. Probation of a Member from a Program and/or Authority: a. If deemed appropriate by the Authority a member may be put on probation for a defined period of time to remedy any stated failures or matters noted in this Article. b. Notice of such probation shall be in writing and signed by both parties. c. The probation remedies and timelines shall be stated clearly in the notice of probation so that the Authority’s actions at the end of the probation period are understood by both parties. 3. Expulsion of a Member from the Authority: a. The Board, with at least a two-thirds vote, may expel any Member that is in default from the Authority. b. Such expulsion shall be effective on the date prescribed by the Board, but not earlier than thirty days after notice of expulsion has been personally served or sent by certified mail to the Member. c. The expulsion of any Member from any Program, after the effective date of such Program, shall not terminate its responsibility to contribute its share of contributions, or funds, to any fund Program in which it participated, nor its responsibility to provide requested data for the period(s) in which it participated. D. Cancellation by the Authority of Coverage under a Program: 1. Upon the occurrence of any default, the Board may temporarily cancel all rights of the defaulting Member in any Program in which such Member is in default until such time as the condition causing default is corrected. 13 65365.00002\33006226.3 2. Upon the occurrence of any default, the Board, with at least a two-thirds (2/3) vote, may cancel permanently all rights of the defaulting Member in any Program in which such Member is in default. E. No remedy contained herein is intended to be exclusive. No delay or failure to exercise any right or power accruing upon any default, shall impair any such right or shall be construed to be a waiver thereof. F. In the event any provision in any of the Governing Documents is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. G. Except as stated in this Article or elsewhere in the Governing Documents, neither withdrawal nor expulsion shall extinguish the rights and obligations of the parties incurred prior to such withdrawal or expulsion. ARTICLE XVII. LEGAL REPRESENTATION A. Legal counsel may be retained by the Board to advise on matters relating to the operation of the Authority and interpretation of the Governing Documents, including but not limited to the Memoranda of Coverage. In matters in which the parties’ interests are adverse or potentially adverse, counsel for the Board shall only represent the Board and shall not represent any individual Member without the informed written consent of both parties. B. The Authority shall have the right to pay such legal counsel reasonable compensation for said services. ARTICLE XVIII. EXECUTION OF CONTRACTS A. The Board or Executive Committee may authorize any officer or officers, or any agent or agents, to enter into any contract or execute any instrument in the name, and on behalf, of the Authority and such authorization may be general or confined to specific instances. B. Unless so authorized by the Board, no officer, agent, or employee shall have any power or authority to bind the Authority by any contract or to pledge its credit or to render it liable for any purpose or to any amount. ARTICLE XVIV. EXPENSE REIMBURSEMENT AND INSURANCE A. The Authority shall reimburse any Director who does not otherwise receive compensation for actual expenses incurred, for reasonable out of pocket expenses of the Director in the performance of his/her duty on behalf of the Authority. 14 65365.00002\33006226.3 B. The Authority shall obtain insurance or provide other coverage (which may include self- insurance) indemnifying the directors, officers, and employees for personal liabilities arising out of wrongful acts in the discharge of their duties to the Authority. ARTICLE XIX. NOTICES A. Any notice to be given to any Member, in connection with these Bylaws, must be in writing (which may include facsimile or email) and will be deemed to have been given when deposited in the mail to the address specified by the Member to receive such notice. Any notice delivered by facsimile will be deemed to have been given when the facsimile transmission is complete. Any notice delivered by email will be deemed to have been given when the message is successfully sent. Any Member may, at any time, change the address to which such notice will be given by giving five (5) days written notice to the Authority. B. Any notice to or claim against the Authority shall be mailed or delivered to the mailing address of the Authority. ARTICLE XX. EFFECTIVE DATE, AMENDMENTS, AND SUPREMACY A. These Bylaws shall be effective immediately upon the date of adoption. B. Any amendments to these Bylaws shall be effective upon adoption, unless the Board in adopting them specifies otherwise, and shall supersede and cancel any prior Bylaws and/or amendments thereto. C. These Bylaws shall not be amended until at least 30 days after notice of the proposed amendment has been given to each Member. D. The adoption or amendment of these Bylaws shall not affect the Agreement or any amendments thereto. Any provision in these Bylaws which is inconsistent with the Agreement shall be superseded by the Agreement but only to the extent of the inconsistency. ARTICLE XXI. POWER OF DESIGNATED PARTY A. Pursuant to Government Code section 6509, the Authority is subject to the restrictions upon the manner of exercising the power of the City of Rancho Cucamonga. In the event that the City of Rancho Cucamonga ceases to be a member of the Authority, the Authority’s power shall be subject to the restrictions applicable to the City of Sebastopol. 1 65365.00002\33005619.4 AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (formerly Public Agency Risk Sharing Authority of California) This Amended and Restated Joint Exercise of Powers Agreement of the California Intergovernmental Risk Authority (“CIRA” or “Authority”) (“Agreement”), formerly known as the Public Agency Risk Sharing Authority of California (“PARSAC”), is entered into by and among the public entities, hereafter referred to as “Members”, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix “A”, attached hereto and made a part hereof. This Agreement supersedes the Public Agency Risk Sharing Authority of California [PARSAC] Joint Powers Agreement dated May 25, 2017 as of, and is effective on, July 1, 2021 (“Effective Date”). RECITALS 1.The Authority was originally created as the California Municipal Insurance Authority effective May 21, 1986 pursuant to that certain Joint Powers Agreement Creating the California Municipal Insurance Authority (“Original JPA Agreement”). The Original JPA Agreement was revised and restated effective July 1, 1989 and then again effective November 19, 1993 when the original name was changed to the Public Agency Risk Sharing Authority of California. Subsequent restatements were approved effective May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, and May 26, 2011. The most recent restatement is the PARSAC Joint Powers Agreement which was approved effective May 25, 2017 (“PARSAC Agreement”). 2.Labor Code Section 3700 authorizes public entities, including members of a pooling arrangement under a joint powers authority, to fund their own workers’ compensation claims. 3.Government Code Sections 989 and 990 authorize a local public entity to insure itself and its employees against tort or inverse condemnation liability. 4.Government Code Section 990.4 authorize a local public entity to fund insurance and self-insurance in any desired combination. 5.Government Code Section 990.6 provides that the cost of insurance is an appropriate public expenditure. 6.Government Code Section 990.8 authorizes two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of the Joint Exercise of Powers Act (Gov. Code Section 6500 et seq.). 7.Government Code Section 6500 et seq. authorizes two or more public entities to jointly exercise, under an agreement, any power which is common to each of them. 8.Each Member that is a party to this Agreement desires to join with the other Members to fund programs of insurance for workers’ compensation, liability, property and other coverages to be determined and for other purposes set forth in this Agreement. Exhibit D 2 65365.00002\33005619.4 9. The governing body of each Member has determined that it is in the Member’s own best interest, and in the public interest, to execute this Agreement and participate as a Member of the Authority. In consideration of the recitals, mutual benefits, covenants, and agreements set forth in this Agreement, the Members agree as follows: ARTICLE I. CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY AS SUCCESSOR TO AND EXPANSION OF PARSAC A. Authority Created. The Authority was originally formed on May 21, 1986 as the California Municipal Insurance Authority by operation of the Original JPA Agreement and subsequently renamed as the Public Agency Risk Sharing Authority of California effective November 19, 1993. The Authority was, and is, formed pursuant to the provisions of Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (“Code”), which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies. 1. Name Change. As of the Effective Date, the Public Agency Risk Sharing Authority of California shall be known as the California Intergovernmental Risk Authority, hereinafter referred to as “CIRA” or the “Authority.” 2. Separate Entity. Pursuant to Code Sections 6506 and 6507, from its inception, the Authority has, is, and shall be a public entity separate and independent from the Members which is governed exclusively by the Authority’s Board of Directors (“Board”). B. Membership in the Authority as of the Effective Date. As of the Effective Date, the membership of the Authority shall consist of the members of PARSAC and the members of the Redwood Empire Municipal Insurance Fund (“REMIF”), with respect to only those that have approved this Agreement as of the Effective Date, as listed in Appendix “A”. C. Future Membership. Membership in the Authority is open to public entities throughout the State of California, if such public entities meet the requirements specified in the Bylaws and are approved by the Board. ARTICLE II. PURPOSE The purpose of the Authority is to exercise the powers of the Members to jointly accomplish the following: A. Develop comprehensive Programs with the objective to reduce the cost of risk against which the Members are authorized or required to protect against by insurance, self-insurance, or pooling. Such Programs may include, but are not limited to, coverages for tort liability, workers’ 3 65365.00002\33005619.4 compensation, employee health benefits, loss to real or personal property, or liability arising out of the ownership, maintenance, or use of real or personal property. B. The design of the Programs may evolve with the needs of the Members and in accordance with contemporary economic and financial conditions. Programs may therefore operate on an insured, pooled, self-funded, or other appropriate basis whereby the Members share some portion, or all, of the costs of Program losses. B. Jointly secure administrative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, legal and other services related to any authorized purpose. ARTICLE III. PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF MEMBERS A. Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix “A”, and any new members admitted to the Authority. Each Member also represents and warrants that the withdrawal or expulsion of any Member shall not relieve any Member of its rights, obligations, liabilities or duties under this Agreement or the individual Programs in which the Member participates. B. Each Member agrees to be bound by and to comply with all the terms and conditions of the Governing Documents and any Resolution or other action adopted by the Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents, as they may be amended. C. Each new Member agrees to participate for a minimum of five years, except that members of PARSAC and REMIF as of June 30, 2021 must continue for a minimum of two years thereafter. Also, each new Member agrees to meet its obligations and responsibilities as set forth in the Governing Documents. ARTICLE IV. POWERS The Authority shall have the powers common to its Members. As provided by Government Code Section 6509, the Authority’s power is subject to the restrictions upon the manner of exercising the power of the Member specified in the Bylaws. Under this Agreement, the Authority is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this Agreement, including but not limited to the following: A. Make and enter contracts; B. Employ agents and employees; C. Incur debts, liabilities or obligations; D. Receive, collect, invest, and disburse funds; 4 65365.00002\33005619.4 E. Receive contributions and donations of property, funds, services and other forms of assistance; F. Acquire, construct, manage, maintain, hold, lease or dispose of real and personal property; and G. Sue and be sued in its own name and settle any claim against it. ARTICLE V. BOARD OF DIRECTORS A. The Authority shall be governed by the Board. Each Member shall appoint a representative to the Board and an alternate representative, each of whom shall meet the parameters set forth in the Bylaws. In the absence of a resolution of the Board providing otherwise, representatives and alternates will serve without compensation by the Authority. B. The Member’s representative and/or alternate representative shall be removed from the Board upon the occurrence of any one of the following events: (1) the expulsion or withdrawal of the Member from the Authority; (2) the death or resignation of the Member representative; (3) the Member gives notice that the Member representative is no longer employed by the Member; or (4) as otherwise provided in the Authority’s Bylaws. C. The Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation of authority to committees or other bodies or individuals. ARTICLE VI. ADMINISTRATION OF PREEXISTING OBLIGATIONS A. All liabilities and obligations of the Authority existing prior to the Effective Date (“Preexisting Obligations”) will be administered under the terms and conditions of the PARSAC Agreement. For this purpose, the PARSAC Agreement in effect on June 30, 2021, which is attached hereto as Appendix B, is hereby made a part of this Agreement and incorporated herein by this reference. B. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. As to specific agenda items relating to such matters, only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date. C. All assets of the Authority existing on June 30, 2021 shall be reserved by the Authority for the sole purpose of administering the Preexisting Obligations. Similarly, all assets of REMIF shall be used exclusively for the purpose of administrating the obligations of REMIF. 5 65365.00002\33005619.4 ARTICLE VII. OFFICERS A. The Board shall elect a President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be Directors. The General Manager shall serve as Secretary of the Board. The manner of election and term of office of elected officers and their authority and responsibilities shall be as set forth in the Authority’s Bylaws. If any of the elected officers ceases to be a Member’s representative, the resulting vacancy shall be filled as provided in the Authority’s Bylaws. The Board may elect such other officers as it considers necessary. B. As permitted by Government Code Section 6505.6, the Treasurer shall comply with the duties and responsibilities set for the subdivisions (a) through (d) of Government Code Section 6505.5, and shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Government Code Section 6505. The Treasurer will have no vote on the Board unless the Treasurer is also a Director. C. The Board shall appoint a General Manager who shall act as Secretary of the Board and as the Chief Administrative Officer of the Authority. Although an officer, the General Manager shall not have a vote on the Board or any committee of the Authority. ARTICLE VIII. MEETINGS AND RECORDS A. Not less than once a year, the Board and all standing committees shall hold regular meetings as set forth in the Bylaws of the Authority. Special meetings may be called as provided in the Bylaws. B. All meetings of the Board, and appointed committees, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code). C. Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept under the direction of the Secretary. After each meeting, the Secretary shall cause copies of the minutes to be forwarded to each Board member for review and approval at the next regular meeting. ARTICLE IX. BUDGET The Board shall adopt an annual budget prior to the beginning of each Fiscal Year. ARTICLE X. REGULAR AUDITS AND REVIEWS A. The Board shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6 65365.00002\33005619.4 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Members, and the auditor/controller of the county in which the Authority’s administrative office is located. The report shall be filed within twelve months of the end of the fiscal year under examination. The Authority shall pay all costs for such financial audits. B. The Board shall cause an annual actuarial review to be prepared for each of the Programs of the Authority and a report of such actuarial review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such actuarial review. C. The Board shall cause a claims audit of the administration of the claims for each of the Programs of the Authority at least biannually. A report of such claims review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such claims reviews. ARTICLE XI. ADMISSION OF NEW MEMBERS A. Any public entity eligible for membership as stated in Article I may apply for membership in the Authority and participation in one or more of the Authority’s Programs at any time. To be considered, the applicant must submit any documentation or information requested by the Authority and pay any costs required to analyze their application and determine their initial contribution. B. The Authority shall review all applications by potential new members to determine if they meet the requirements provided for in the Bylaws and any relevant Board policies to determine whether and on what conditions to admit the applicant. C. Upon approval for membership by two-thirds vote of the Board, to become a Member the applicant must execute this Agreement and pay any contributions or premiums required to participate in the Program(s) for the initial Program Year in which the applicant will participate. ARTICLE XII. WITHDRAWAL A. After the initial commitment period described in Article III, any Member which enters a Program may withdraw from that Program by compliance with the requirements stated in the Bylaws for withdrawal from the Program. B. Withdrawal of a Member does not terminate its rights to coverage arising under any Program in which it participated for the years in which it participated. A Member that has withdrawn from a Program may later seek to renew participation in the Program subject to any terms and conditions set forth in the Bylaws. 7 65365.00002\33005619.4 C. A Member that has withdrawn from all of the Authority’s Programs shall no longer have a right to a representative on the Board, but shall remain liable for assessments and other obligations arising from the Program Years in which it participated. D. As soon as administratively feasible after the Effective Date, the Members of the Authority shall agree on the method of apportioning the CalPERS retirement obligations of the Authority in the event of a default event as defined by Government Code Section 6508.2. Until such time, and in the event of a default event, the terms of the Public Agency Risk Sharing Authority of California (PARSAC) Agreement for Apportion of Retirement Obligations dated May 25, 2017, and attached hereto as Exhibit “C”, shall apply with respect to all Members of the Authority. ARTICLE XIII. EXPULSION The Board may expel any Member from the Authority and/or from a Program for material breaches of the Governing Documents consistent with the provisions of the Bylaws, subject to any warning or probationary provisions in the Governing Documents. Expulsion does not terminate the obligations of either the Authority or the Member incurred prior to the expulsion. ARTICLE XIV. TERMINATION AND DISTRIBUTION A. This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Members; provided, however, that this Agreement and CIRA shall continue to exist for the purpose of disposing of all claims and paying its obligations for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of CIRA. B. Upon termination of this Agreement, all assets of each Program of CIRA shall be distributed among the Members which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six [6] months after the disposal of the last pending claim or other liability covered by all Programs of the Authority. The Board may in its sole discretion determine that earlier distributions are appropriate as to Programs for which there remains no claim or liability. C. Following the termination of this Agreement, any Member which was a participant in any Program of CIRA shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member’s period of participation. D. The Board is vested with all powers of CIRA for the purpose of concluding and dissolving the business affairs of CIRA. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board. 8 65365.00002\33005619.4 ARTICLE XV. LIABILITY OF MEMBERS, DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS A. Pursuant to Government Code section 6508.1, except as to liabilities to a public retirement system, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member. However, each Member shall remain liable to the Authority for contributions assessed by the Authority to pay its debts, liabilities, or obligations. B. The debts, liabilities or obligations incurred by either PARSAC or REMIF prior to the Effective Date shall not constitute the debts, liabilities or obligations of the other. Notwithstanding the preceding, the Authority intends to be the successor to the CalPERS pension obligations of REMIF pursuant to California Government Code Section 20508. As such, the liability to CalPERS with respect to service credited under REMIF’s CalPERS contract, and the continuing liability to CalPERS of the Authority with respect to service credit accrued both prior to and after the Effective Date under the Authority’s CalPERS contract, shall be the contractual liability of the Authority. The Authority and REMIF shall separately enter into an agreement to provide for the allocation of liability, and the payment of related contributions, with respect to service credit accrued prior to the Effective Date. C. The representatives to the Board of Directors and to each of the Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement. Directors, officers, committee members of the Authority shall be liable for any act or omission within the scope of their office or employment by the Authority only in the event that they act or fail to act because of actual fraud, corruption, or actual malice or willfully fail or refuse to conduct the defense of a claim or action in good faith or to reasonably cooperate in good faith in the defense conducted by the Authority. D. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its employees pursuant to Government Code Section 825, et seq., or other applicable provisions of law. Nothing herein shall limit the right of the Authority to purchase insurance to satisfy this obligation. E. The Authority shall indemnify, protect, defend, and hold harmless each and all of the Members, and their officials, agents, and employees, for and from any and all liability, claims, causes of action, damages, losses, judgments, costs, or expenses (including attorney fees) resulting from an injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by the Authority, by one or more of the Members, or any of their officials, employees, agents, or independent contractors. 9 65365.00002\33005619.4 ARTICLE XVI. NOTICES Notices to each Member under this Agreement shall be sufficient if mailed to its respective address on file with the Authority. Any Member may designate any other address in substitution of the foregoing address to which such notice will be given at any time by giving five days written notice to the Authority and all other Members. ARTICLE XVII. AMENDMENTS This Agreement may be amended at any time with the approval of two-thirds of the Directors on the Board acting with the approval of their governing bodies, except that any amendment that reduces the voting requirement for termination of the Authority must be approved by three-fourths of the Directors on the Board acting with the approval of their governing bodies. Authority of the Member representative (director) to give such approval may be delegated such in advance by the Member’s governing body, or in the absence of such prior delegation by action of a Member’s governing body to approve the proposed amendment. The amended Agreement shall take effect on the first day of the month following the Authority’s receipt of notice of approval by two-thirds of the Members, unless otherwise stated in the Amendment, and once effective shall apply to all Members regardless of whether a particular Member approved the amendment. Refusal to execute or comply with the amended Agreement shall be a basis for expulsion of the Member. A Member that does not approve of the amendment may withdraw from the Authority and all its Programs at the end of the fiscal year next following the effective date of the amendment, notwithstanding the five-year minimum commitment provided for in Article III, Section C. ARTICLE XVIII. SEVERABILITY Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby. ARTICLE XIX. COMPLETE AGREEMENT The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as to the Bylaws. 10 65365.00002\33005619.4 ARTICLE XX. TERM OF AGREEMENT This Agreement shall become effective upon execution, and shall continue in effect until satisfaction of all obligations created hereunder following termination of the Authority created by this Agreement. ARTICLE XXI. COUNTERPARTS The Agreement may be executed in multiple counterparts, each of which shall be considered an original. ARTICLE XXII. ARBITRATION Any controversy arising out of this Agreement shall be submitted to binding arbitration, which shall be conducted in accordance with the provisions of the California Arbitration Act (California Code of Civil Procedure § 1280 et seq.). ARTICLE XXIII. FORCE MAJEURE No party will be deemed to be in default where failure or delay in performance of any of its obligations (other than payment obligations) under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, actions of legislative, judicial, executive, or regulatory government bodies or other cause, without fault and beyond the reasonable control of such party (“Force Majeure”). If any such events shall occur, the time for performance by such party of any of its obligations under this Agreement will be extended by the parties for the period of time that such events prevented such performance. Upon the occurrence of an event of Force Majeure, the affected party shall: (i) promptly notify the other parties of such Force Majeure event, (ii) provide reasonable details relating to such Force Majeure event and (iii) implement mitigation measures to the extent reasonable. ARTICLE XXIV. DEFINITIONS The following definitions shall apply to the provisions of this Agreement and the Bylaws of the Authority: A. “Agreement” shall mean this Agreement, as it may be amended from time to time, creating the California Intergovernmental Risk Authority. B. “Board” or “Board of Directors” shall mean the governing body of the Authority. C. “Bylaws” shall mean the Bylaws attached to this Agreement, as amended from time to time by the Board consistent with the amendment provisions in the Bylaws. 11 65365.00002\33005619.4 D. “Claim(s)” shall mean demand(s) made against the Member arising out of occurrences which are covered or alleged to be covered by the Authority’s Memorandums of Coverage or policies of insurance. E. “Fiscal Year” shall mean the period of time commencing on July 1 of each year and ending on June 30 of the following year. F. “Governing Documents” shall mean this Agreement, the Bylaws of the Authority, each Program’s Memorandum of Coverage, the Master Program Document, , and any other document stipulated as a Governing Document in the Bylaws or by action of the Board. G. “Insurance” shall mean insurance or reinsurance purchased by the Authority to cover Claims against or losses of the Authority and/or its Members. H. “Jurisdiction” shall mean the territory in which the Authority may exercise its powers; i.e., the State of California. I. “Member” shall mean any public entity authorized to be a member of a Joint Powers Authority, which is a party to this Agreement and is participating in one or more Programs. J. “Memorandum of Coverage” shall mean a document issued by the Authority for each Program specifying the coverages and limits provided to the Members participating in the Program. K. “Participation” or “participating” shall refer to a Member that has elected to join and take part in a Program. L. “Pooling” shall mean group self-insurance as allowed by Government Code section 990.8, Labor Code section 3700, or any other applicable law. M. “Program” shall mean those coverage programs of risk sharing, insurance, self-insurance, pooling and risk management services created by the Authority to manage specific types of risks. N. “Program Year” shall mean the annual period in each Program to be segregated for determination of coverage premiums or assessments. O. “Risk Management” shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insured retention levels and the amount of reserves for potential claims. 12 65365.00002\33005619.4 IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date indicated below. California Intergovernmental Risk Authority ["CIRA"] Date: _____________________ By: __________________________________________ Name/Title Attest: __________________________________________ Secretary, CIRA Member Entity: __________________________ Date: _____________________ By: __________________________________________ Name/Title Attest: __________________________________________ City/Town Clerk 13 65365.00002\33005619.4 APPENDIX “A” CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY MEMBERS 1. City of Arcata 2. City of Amador City 3. City of Avalon 4. City of Belvedere 5. City of Blue Lake 6. City of California City 7. City of Calimesa 8. City of Calistoga 9. City of Citrus Heights 10. City of Clearlake 11. City of Cloverdale 12. City of Coalinga 13. City of Cotati 14. City of Eureka 15. City of Ferndale 16. City of Fort Bragg 17. City of Fortuna 18. City of Grass Valley 19. City of Healdsburg 20. City of Highland 21. City of Lakeport 22. City of Menifee 23. City of Nevada City 24. City of Placentia 25. City of Placerville 26. City of Plymouth 27. City of Point Arena 28. City of Rancho Cucamonga 29. Rancho Cucamonga Fire Protection District 30. City of Rancho Santa Margarita 31. City of Rohnert Park 32. City of San Juan Bautista 33. City of Sebastopol 34. City of Sierra Madre 35. City of Sonoma 36. City of South Lake Tahoe 37. City of St. Helena 38. City of Tehama 39. City of Trinidad 40. Town of Truckee 41. City of Twentynine Palms 42. City of Ukiah 43. City of Watsonville 44. City of Wheatland 45. City of Wildomar 46. City of Willits 47. Town of Windsor 48. Town of Yountville 49. City of Yucaipa 50. Town of Yucca Valley Adopted May 25, 2017 i APPENDIX “B” PARSAC Agreement PARSAC JOINT POWERS AGREEMENT Revised & Adopted May 25, 2017 Public Agency Risk Sharing Authority of California Adopted May 25, 2017 ii TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ................................................................................................3 ARTICLE II PARTIES TO THE AGREEMENT ................................................................6 ARTICLE III PURPOSES .....................................................................................................6 ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA ...............................................7 ARTICLE V TERM OF AGREEMENT ..............................................................................7 ARTICLE VI POWERS OF PARSAC ..................................................................................7 ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES ..........................................8 ARTICLE VIII BOARD OF DIRECTORS ...........................................................................10 ARTICLE IX OFFICERS ....................................................................................................13 ARTICLE X EXECUTIVE COMMITTEE .......................................................................13 ARTICLE XI ADMINISTRATION ....................................................................................13 ARTICLE XII BUDGET ......................................................................................................14 ARTICLE XIII ANNUAL AUDITS AND REVIEWS..........................................................14 ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS ...................................................................................................15 ARTICLE XV SUPPORT OF PARSAC'S GENERAL EXPENSES ...................................16 ARTICLE XVI DEPOSIT PREMIUMS ................................................................................17 ARTICLE XVII PARSAC MEMBERSHIP ............................................................................18 ARTICLE XVIII MEMORANDA OF COVERAGE ..............................................................18 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENT ............................................19 Adopted May 25, 2017 iii ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS ...........................................................................................20 ARTICLE XXI NEW MEMBERS .........................................................................................21 ARTICLE XXII WITHDRAWAL ...........................................................................................22 ARTICLE XXIII EXPULSION ................................................................................................25 ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES ...............................................26 ARTICLE XXV TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS .....................................................................27 ARTICLE XXVI NOTICES ......................................................................................................28 ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT ................................................28 ARTICLE XXVIII AMENDMENTS ..........................................................................................29 ARTICLE XXIX SEVERABILITY ..........................................................................................29 ARTICLE XXX AGREEMENT COMPLETE ........................................................................29 ARTICLE XXXI EXECUTION OF COUNTERPARTS .........................................................30 APPENDIX "A" MEMBER ENTITIES Adopted May 25, 2017 1 PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC] JOINT POWERS AGREEMENT THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity[ies]," which are parties’ signatory to this Agreement. All such Member Entities are listed in Appendix "A", which is attached hereto and made a part hereof. RECITALS A. California Government Code Section 6500 and following permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties. B. California Government Code Section 990.4 permits a local public entity to self- insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; C. California Government Code Section 990.6 provides that the cost of insurance provided by a local public entity is a proper charge against that local public entity; D. California Government Code Section 990.8 permits two or more local entities to, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and provides that such pooling of self- insured claims or losses does not constitute the business of insurance under the California Insurance Code; Adopted May 25, 2017 2 E. California Labor Code Section 3700(c) permits all political subdivisions of the State of California, including each member of a pooling arrangement under a joint exercise of powers agreement to self-insure against workers’ compensation claims by securing a certificate of consent from the Department of Industrial Relations; F. Each of the Member Entities, which is a party to this Agreement, desires to join with the other Member Entities to fund programs of insurance for workers' compensation, liability, property and other coverages to be determined and for other purposes set forth in Article III of this Agreement; G. The governing body of each Member Entity has determined that it is in its own best interest and in the public interest that this Agreement be executed and that it participate as a member of the Public Agency Risk Sharing Authority of California [PARSAC] created by this Agreement; and H. As of the effective date of this Agreement, this Agreement shall replace and supersede the Joint Powers Agreement Creating the Public Agency Risk Sharing Authority of California, dated May 21, 1986, as amended on November 20, 1987, July 1, 1989, and November 19, 1993, May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, December 2, 2010, May 26, 2011 and May 25, 2017. Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follows: Adopted May 25, 2017 3 AGREEMENT ARTICLE I DEFINITIONS The following terms shall have the following definitions: A. “Agreement” shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California [PARSAC]. B. “Alternate” shall mean the person designated by the Member Entity to act as a director of PARSAC in the absence of the Director. The Alternate shall have the same responsibility, power and authority as the Director when acting in the Director's stead. C. “Board” or “Board of Directors” shall mean the governing body of PARSAC. D. “Bylaws” shall mean the Bylaws of PARSAC, revised as of May 27, 2010, and as they may be further amended or revised. E. “Claims” shall mean any demand[s] made against a Member Entity to recover for monetary damages within, or alleged to be within, the scope of coverage provided by any of PARSAC's Memoranda of Coverage [or any commercial insurance policy related to a PARSAC Program]. F. “PARSAC” shall mean the Public Agency Risk Sharing Authority of California created by this Agreement. G. “Covered Loss” shall mean any loss resulting from a claim or claims against a Member Entity which is in excess of its Self-Insured Retention and which is covered by any of PARSAC's Memoranda of Coverage [or insurance policy related to a PARSAC Program]. H. “Deposit Premium” shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each Adopted May 25, 2017 4 Program of PARSAC. I. “Executive Committee” shall mean that committee of the Board, constituted and exercising the authority set forth in this Agreement and in the Bylaws. J. “Fiscal Year” shall mean the period of time ending on June 30 of each year during which PARSAC is in existence. K. “Incurred Loss” shall mean the amount of monies paid and reserved by PARSAC to investigate, defend and satisfy a demand or demands made against a Member Entity. L. “Insurance” shall mean commercial insurance policies which PARSAC may purchase for its Member Entities, from time to time, in order to effect a transfer of risk. The term "Insurance" shall not mean any self-insurance, risk-sharing or pooling of losses or risks. M. “Liability Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Liability Program. N. “Member Entity” shall mean any California public entity which is a party signatory to this Agreement including any other agency for which the City Council sits as the Governing board. O. “Memorandum of Coverage” shall mean the document or documents issued by PARSAC specifying the type and amount of coverages provided under any Program to the Member Entities by PARSAC. P. “Program Year” shall mean a period of time, usually 12 months, for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments. Adopted May 25, 2017 5 Q. “Program” shall mean arrangements to cover specific types of claims which may include, but not be limited to, property, workers' compensation, and comprehensive liability claims. R. “Public Entity” shall mean a county, city, whether general law or chartered, city and county, town, district, political subdivision, joint powers authority, or any board, commission, or agency thereof providing a municipal service, excluding school districts. S. “Retrospective Premium” shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program. T. “Retrospective Premium Adjustment” shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount. U. “Self-Insured Retention” or “SIR” shall mean the amount of loss from each occurrence which the Member Entity shall retain and pay directly and which shall not be shared by the Member Entities of PARSAC. V. “Workers’ Compensation Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Workers’ Compensation Program. W. “Group Purchase Programs” shall mean coverage programs provided by insurance policies where there is no self-insurance, risk sharing or pooling. Adopted May 25, 2017 6 ARTICLE II PARTIES TO THE AGREEMENT Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining. ARTICLE III PURPOSES This Agreement is entered into by the Member Entities in order to: A. Create the Public Agency Risk Sharing Authority of California to carry out the purposes listed below and to exercise the powers contained in this Agreement; B. Develop effective risk management programs to reduce the amount and frequency of their losses; C. Share some portion, or all, of the cost of their losses; D. Jointly purchase commercial insurance, associate with other risk-sharing pools, or self-insure against risks; E. Jointly purchase administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting and legal services when related to any of the other purposes; F. Provide other joint powers risk sharing authorities with management services; and G. Do all things necessary to carry out the foregoing purposes, as well as all things necessary to implement the terms of this Agreement as permitted by law. Adopted May 25, 2017 7 ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA Pursuant to the California Government Code, the Member Entities hereby agree to continue in existence a public entity, separate and apart from the parties to this Agreement, to be known as the Public Agency Risk Sharing Authority of California ["PARSAC"]. The debts, liabilities or obligations of PARSAC shall not constitute debts, liabilities or obligations of any party to this Agreement. However, a Member Entity may separately contract for, or assume responsibility for, specific debts, liabilities or obligations of PARSAC. ARTICLE V TERM OF AGREEMENT This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated in accordance with Article XXVI. ARTICLE VI POWERS OF PARSAC PARSAC shall have the powers common to its Member Entities in California and all additional powers permitted to a joint powers authority by California law, and the parties hereby authorize PARSAC to do all acts necessary to exercise such powers to fulfill the purposes of this Agreement including, but not limited to, the following: A. Make and enter into contracts; B. Incur debts, liabilities and obligations; C. Acquire, hold, lease or dispose of real and personal property, contributions and donations of property, funds, services and other forms of assistance; D. Sue and be sued in its own name and settle any claim against it; E. Employ agents and employees; Adopted May 25, 2017 8 F. Acquire, construct, manage, maintain or operate buildings, works or improvements; G. Receive, collect, and disburse monies; and invest money not required for immediate necessities; and H. Exercise all powers necessary and proper to carry out the terms and provisions of this Agreement. ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES Each member entity shall: A. Sign this Agreement and its legally enacted amendments and participate in PARSAC's Liability Program and/or Workers’ Compensation Program; B. Sign a Membership Resolution for each Program; C. Pay Deposit Premiums, Retrospective Premium Adjustments, and any Special Assessments to PARSAC on or before the due date; D. Appoint, elect or remove representatives to serve as director and alternate on the Board, which representatives are expressly authorized to act on behalf of the Member Entity on all matters coming before the Board; E. Assure that its representative director or alternate attends at least one meeting of the Board annually; F. Assure that its representative director and alternate keep informed about PARSAC's activities and assist them in doing so; G. Approve Amendments to this Agreement as set forth in Article XXIX; provided, however, the Member Entity may, by resolution or ordinance, authorize its director and alternate on the Board to approve and execute amendments on behalf of the Member Entity Adopted May 25, 2017 9 without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. H. File, in a prompt and timely manner, all statewide, county, and locally-mandated reports and filings, including but not limited to the Fair Political Practices Commission's Statement of Economic Interests; I. Undertake a risk management audit of its facilities and activities, conducted by a person and/or firm approved by PARSAC's Executive Committee and, based upon such report, to evidence correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of PARSAC's Executive Committee. Risk management audits may be required by the Executive Committee as frequently as it chooses. Risk management audits may be paid by PARSAC and charged back to Member; J. Provide PARSAC with a copy of its most recent audited annual financial statements prepared by a Certified Public Accountant; or, if not available, provide PARSAC with the most recent set of unaudited monthly financial statements, and any other financial material as may be requested by PARSAC from time to time; K. Cooperate with, communicate and assist in a timely manner, PARSAC and any insurer, provider of excess coverage, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; L. Promptly cooperate with PARSAC to determine and/or clarify any incidents which might become losses, the cause of any and all actual losses, and methods to bring about settlement of claims; M. Comply with its obligations and responsibilities under this Agreement, the Adopted May 25, 2017 10 Bylaws, the Memoranda of Coverage, the Risk Management Standards, PARSAC's policies and procedures, and any other contract or requirement [as any of the foregoing may be created or amended] necessary to implement this Agreement or any Program; N. Pay any fines or penalties assessed by the Board or any regulatory agency that are attributable to the Member Entity's failure to perform in accordance with self-insurance regulations or comply with the provisions of this Agreement. An appeal may be filed with the appropriate regulatory agency. All decisions of the Board are final. O. Use an Executive Committee-approved third-party claims administrator for claims handling, under such circumstances as the Board of Directors may require. Failure to comply with any of the obligations under this section may be grounds for expulsion pursuant to Article XXIV of this Agreement. ARTICLE VIII BOARD OF DIRECTORS Except as otherwise provided in this Agreement or in the Bylaws, the powers of PARSAC shall be exercised, its property shall be controlled, and its affairs shall be conducted by its Board of Directors whose meetings, functions and activities shall be governed by the Bylaws. The Board shall be composed of one director who represents and acts on behalf of each respective Member Entity which participates in PARSAC's Liability and/or Workers’ Compensation Program. The number of persons on the Board shall be equal to the number of Member Entities. In addition, each Member Entity shall appoint a second individual as alternate director, who shall have the authority to attend, participate in, and vote at any meeting of the Board when the respective director is absent. Each director and alternate director shall be an elected official or employee of the respective Member Entity, shall be appointed by the Adopted May 25, 2017 11 respective Member Entity's governing body, and shall serve at its pleasure. If a director or alternate ceases to be an employee or elected official of a Member Entity for any reason, his or her position on the Board and any of its committees shall immediately terminate. The Board of Directors shall have the following powers and functions: A. The Board shall exercise all powers and conduct all business of PARSAC, either directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law; B. The Board shall form an Executive Committee from its membership. In the Bylaws the Board shall delegate to that Committee such powers as it sees fit; C. The Board may form such other committees as it deems appropriate in conducting PARSAC's business; D. The Board shall elect PARSAC's officers; E. The Board shall cause to be prepared and adopt PARSAC's annual operating budget; F. The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each of PARSAC's Programs, including all provisions for reinsurance and administrative services necessary to carry out such Program; G. The Board shall contract or otherwise provide for necessary services to PARSAC and to Member Entities. These necessary services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services; H. The Board, either directly or through the Executive Committee, shall provide policy direction to PARSAC's General Manager; Adopted May 25, 2017 12 I. The Board shall receive and act upon reports of its committees and the General Manager, either directly or through the Executive Committee; J. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval; K. The Board may require that PARSAC review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any Member Entity insofar as those functions are affecting PARSAC's liability or potential liability. The Board may forward any or all such recommendations to the Member Entity with a request for compliance and a statement of potential consequences for noncompliance; L. The Board shall receive, review and act upon periodic reports and audits of PARSAC's funds; M. The Board may amend, repeal or adopt new Bylaws, this Agreement or other key documents; N. The Board may increase, decrease, or otherwise amend the coverages, limits and other terms of any Memorandum of Coverage; O. The Board shall approve any proposal by the Executive Committee for Special Assessments from the Member Entities before such Special Assessments are billed; P. The Board may expel a Member Entity from any Program or from membership in PARSAC pursuant to Article XXIV of this Agreement; Q. The Board may ratify actions of the Executive Committee, where such ratification is required before the action becomes final; R. The Board may enter into a joint venture or contractual arrangement with any Adopted May 25, 2017 13 similar entity and may also enter into a merger or acquisition agreement with a similar entity, provided that if PARSAC is not the surviving entity in any such merger or acquisition, such action shall require approval by the vote of three-fourths of the Member Entities; and S. The Board shall have such other powers and functions as are provided for in this Agreement, the Bylaws, and applicable law. ARTICLE IX OFFICERS The officers of PARSAC shall be the President, Vice President, Treasurer, and Auditor/Controller, and their qualifications and duties shall be those set forth in the Bylaws. ARTICLE X EXECUTIVE COMMITTEE There shall be an Executive Committee, all of whose members shall be directors. The Executive Committee shall set policy for and direct the administration of PARSAC on a day-to- day basis and may, without limitation, provide incentives and impose penalties, financial or otherwise, for performing or failing to perform in conformance with PARSAC requirements, programs, standards and policies. The composition, specific authority and meeting arrangements of the Executive Committee shall be set forth in the Bylaws. ARTICLE XI ADMINISTRATION PARSAC shall have a general manager, who shall be appointed or terminated by the Executive Committee, shall be responsible to the Executive Committee for the efficient and effective administration of PARSAC, and who shall serve as the Secretary of PARSAC. The General Manager shall attend all meetings of the Board, the Executive Committee, and other committees of the Board (but shall have no vote), shall prepare and maintain all minutes of meetings of the Board and its Committees, notices of meetings, and records of PARSAC, and Adopted May 25, 2017 14 shall carry out all duties set forth in the Bylaws. ARTICLE XII BUDGET The Executive Committee shall recommend and the Board shall adopt an annual operating budget prior to the beginning of each Fiscal Year. ARTICLE XIII ANNUAL AUDITS AND REVIEWS A. Financial Audit. The Auditor/Controller shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of PARSAC. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Member Entities, and the auditor/controller of the county in which PARSAC’s administrative office is located. The report shall be filed within twelve [12] months of the end of the fiscal year under examination. PARSAC shall pay all costs for such financial audits. B. Actuarial Review. The Board shall cause an annual actuarial review to be prepared for each of the Programs of PARSAC and a report of such actuarial review shall be made available for inspection by the Board and the Member Entities. PARSAC shall pay all costs for such actuarial review. C. Claims Audit. The Board shall cause a biannual claims audit of the administration of the claims for each of the Programs of PARSAC. A report of such claims review shall be made available for inspection by the Board and the Member Entities. PARSAC Adopted May 25, 2017 15 shall pay all costs of such claims reviews. ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS PARSAC shall be responsible for the strict accountability of all funds and the reporting of all receipts and disbursements in accordance with generally accepted accounting principles. It will comply with all provisions of law relating to this subject, including California Government Code Sections 6500-6525. The Treasurer of PARSAC shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program of PARSAC. Books and records of PARSAC in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Member Entities. The Treasurer shall have the custody of and disburse PARSAC’s funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board to perform that function provided that, pursuant to Government Code Section 6505.5, the Treasurer shall: A. Receive and acknowledge receipt of all funds of PARSAC and place them in the treasury to the credit of PARSAC; B. Be responsible upon his or her official bond for the safekeeping and disbursement of PARSAC's funds so held by him or her; C. Pay any sums due from PARSAC as approved for payment by the Board or by any body or person to whom the Board has delegated approval authority, making such payments from PARSAC's funds upon warrants drawn by the Auditor; D. Verify and report in writing to PARSAC and to Member Entities, as of the first Adopted May 25, 2017 16 day of each quarter of the fiscal year, the amount of money then held for PARSAC, the amount of receipts since the last report, and the amount paid out since the last report; E. Prepare a complete written report of all financial activities within one hundred and twenty [120] days after the close of each fiscal year for such fiscal year to the Board and to each Member Entity; and F. Receive, invest, and disburse funds in accordance with the procedures established by the Board or the Bylaws and in conformity with applicable law. Pursuant to Government Code Section 6505.1, the General Manager, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to PARSAC's property. PARSAC shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board, covering all officers and employees of PARSAC who are authorized to hold or disburse PARSAC's funds and all officers and employees who are authorized to have charge of, handle, and have access to PARSAC's property. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law. The Authority may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of the Authority’s activities. ARTICLE XV SUPPORT OF PARSAC’S GENERAL EXPENSES Costs of staffing and supporting PARSAC [hereinafter called PARSAC's general Adopted May 25, 2017 17 expenses] shall be equitably allocated among the various Programs by the Board, and shall be funded by the Member Entities which participate in such Programs [and ex-Member Entities] in accordance with such allocations. ARTICLE XVI DEPOSIT PREMIUMS The Deposit Premiums for the Liability and Workers’ Compensation Programs shall be set at a level estimated to be sufficient, as determined by the Executive Committee, to cover PARSAC’s budget for each Policy year. The Deposit Premiums for the Member Entities shall be set by PARSAC using various rating and underwriting criteria, such as: [1] The Member Entity's payroll; [2] The Member Entity's exposure base; [3] The results of an on-site underwriting inspection; [4] The Member Entity's prior claims history; [5] Total insurable values; and/or [6] Employee classification ratings. Deposit Premiums for the Liability, Workers’ Compensation, and Group Purchase Programs shall be billed to the Member Entities. At the conclusion of each Program Year, PARSAC shall conduct a payroll audit of each Member Entity to adjust for any discrepancies between estimated and actual payroll. In the sole discretion of PARSAC, an on-site payroll audit may be conducted by PARSAC or an independent auditor. Any adjustments in payrolls, either debits or credits, shall result in an assessment of additional premiums or a return of overpaid premiums. This adjustment shall be made within sixty (60) days after the date of the audit. Adopted May 25, 2017 18 ARTICLE XVII PARSAC MEMBERSHIP Member Entities shall participate in PARSAC's Liability Program and/or Workers’ Compensation Program as a condition of membership in PARSAC. Participation in either Program shall be a minimum of three years and the Term shall be renewed for subsequent one- year periods at the commencement of each Program Year upon payment of the applicable Deposit Premium, unless termination, withdrawal, or expulsion occurs pursuant to Articles XXIII and XXIV of this Agreement. The Executive Committee shall establish the initial SIR for each Liability or Workers’ Compensation Program Participant and may require a different SIR for Program Participants from time to time, in its sole discretion. Program Years shall begin on July 1 of each year and shall continue through the following June 30. Retroactive coverage may be provided as approved by the Board and documented on the Declaration Page of the respective Memorandum of Coverage. ARTICLE XVIII MEMORANDA OF COVERAGE The types and amounts of coverage for each Program available to Member Entities shall be specified in a Declarations Page and/or Memorandum of Coverage which shall be issued by PARSAC to each Member Entity for each Program Year in which the Member Entity has coverage. The Board shall have the power and authority to decrease, increase, or amend the coverage provided by a Memorandum of Coverage. If any such amendment is approved by the Board during a Program Year, no Member Entity participating in that Program Year shall be entitled to withdraw by reason of any said amendment prior to the termination of that Program Year. Adopted May 25, 2017 19 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENTS A Member Entity participating in the Liability Program must establish by resolution a “Fund Balance Reserve” (“Reserve”) equal to three times (3) the designated SIR, or any underlying insurance deductible chosen, and approved for the Member Entity by PARSAC. The Reserve will be recorded and maintained in the appropriate Member Entity Fund in accordance with Generally Acceptable Accounting Principles. PARSAC will be notified of any proposed adjustment to the Reserve prior to the Member Entity’s adoption of such a resolution. PARSAC may request certification, by the Member Entity, of the balance in the Reserve account at any time. Applicants establishing coverage with PARSAC shall be required to submit the “Fund Balance Reserve Resolution” prior to coverage inception. Any Member Entity which does not desire to establish a local Fund Balance Reserve at the required three-times its SIR, or underlying insurance deductible amount, may contract for an actuarial study of its losses and reserves by a Fellow of the Casualty Actuary Society (FCAS) to ascertain and represent to PARSAC adequate SIR Reserves. Such SIR amount shall be established as the correct Reserve for that Member Entity. Although not obligated to do so, PARSAC may elect to pay a portion of claims expenses before the Member Entity’s self-insured retention has been exhausted in order to expedite the resolution of a claim. In this event, the member will be invoiced and shall have 30 days from the date of invoice to remit reimbursement. A 10% penalty shall be applied to the balance if payment is not received by the due date. The claims payment procedures for members participating in the Workers’ Adopted May 25, 2017 20 Compensation Program with a self-insured retention are as follows: 1. The Member Entity shall set up a checking account with the Third-Party Administrator (TPA). The TPA shall pay all claim expenses within the Member’s Entity’s self-insured retention from the checking account. The Member Entity shall be responsible for ensuring sufficient funds are available for all costs related to the checking account, including any set-up fees charged by the TPA; or 2. PARSAC shall pay all claim expenses within the Member Entity’s self-insured retention, which shall be reconciled and invoiced to the Member Entity quarterly. The Member Entity shall have 30 days from the date of invoice to submit its self- insured retention payment. A 10% penalty shall be applied to the balance if payment is not received by the due date. This option is available to Member Entities with an SIR of $100,000 or lower. ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS Retrospective Premium Adjustments (RPA) for self-funded Programs shall be calculated annually as determined by each Program’s funding policy. The Board may determine and levy special assessments on Member Entities by majority vote. The RPA is a financial reconciliation made by PARSAC to determine whether the Deposit Premium collected for that Policy Year was sufficient to cover the costs. An RPA summary is presented annually to the Board for approval. Distribution of credits or collection of assessments will follow each Program’s funding policy. If a Member Entity has timely withdrawn or been expelled from a Program, any Retrospective Premium Adjustment credit shall remain with PARSAC until all Policy Year(s) in which they participated have been closed and reconciled. Any Retrospective Premium Adopted May 25, 2017 21 Adjustment deficit shall be billed to the Member Entity at the time that particular Policy Year(s) is being reconciled. If a withdrawn or expelled member’s total equity for all program years in which they participated is insufficient, the member will be billed at the time the deficit is identified. A member that has untimely withdrawn from a program foregoes their right to any remaining equity and is subject to assessment for any deficits. ARTICLE XXI NEW MEMBERS Any California public entity as defined in Article I may apply for membership in PARSAC and participation in any of PARSAC's Programs at any time. Public Entities must participate in either the Liability or Workers’ Compensation program before participating in other Program offerings. PARSAC shall review all requests for Program membership, and the Executive Committee shall approve and the Board shall ratify, which applicants shall be accepted for membership, in which Programs they may participate, and when such participation shall begin. Public Entities shall become new Member Entities as of the effective date of coverage indicated on the Program Declarations Page and upon payment of the Deposit Premium. Public Entities which are in the process of formation shall be covered only as of the effective date of formation. Deposit Premiums for coverage which begins during a Program Year may be prorated for the remainder of the Program Year. A Public Entity applying for membership in the Workers’ Compensation or Liability Program shall complete, return and comply with all of the following: A. An “Application for a Certificate of Consent to Self-Insure” from the Department of Industrial Relations/Division of Self-Insurance Plans (DIR/SIP) (Workers’ Compensation only); Adopted May 25, 2017 22 B. Loss reports for the five (5) most recent policy years; C. Estimated payroll for the current year and corresponding to the 5 years of loss data D. Liability Exposure questionnaire from PARSAC, questionnaires from the excess carrier or reinsurer, and most recent three years’ audited financial statements; E. Undertake a risk management audit of its facilities and activities and, based upon such audit report, provide evidence of correction, elimination and/or clarification of all noted deficiencies revealed by such inspection; and F. Such other information as is reasonably required by PARSAC to assure compliance with law and PARSAC policies. ARTICLE XXII WITHDRAWAL Any Member Entity who has been a member for at least three full fiscal years may withdraw from its status as a member and as a party to the Joint Powers Agreement by submitting notice in writing to PARSAC as follows: A. Timely Notice of Withdrawal. A withdrawing Member Entity must notify PARSAC of its intention to withdraw at least six (6) months prior to the end of the fiscal year in which the member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. Withdrawing members who submit Timely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. Withdrawing member will be Adopted May 25, 2017 23 invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. The withdrawing member shall be invoiced for their portion of the administrative fee and it shall not be taken from equity. Should equity be insufficient to cover any deficit, the member will be subject to assessment. The withdrawing member’s equity will remain with PARSAC until all years in which the member has participated are closed. Any equity remaining after all years have closed will be returned to the withdrawn member. B. Untimely Notice of Withdrawal. Members submitting a notice of intent to withdraw less than six (6) months prior to the end of the fiscal year, but not later than April 1, in which the member intends to withdraw shall be considered untimely. In the event of an untimely notice of intent to withdraw, the withdrawing member shall forego their right to any remaining equity. In addition to foregoing equity, withdrawing members who submit Untimely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, Adopted May 25, 2017 24 financial audits, and claims administration, and will remain subject to both the administrative fee and assessments for all years in which they participated. Withdrawing members will be invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. Withdrawal from the Liability or Workers Compensation Program shall terminate coverage under that Program. If withdrawal would result in the Member Entity no longer being a member of either the Liability or the Workers Compensation Program, then such withdrawal shall constitute withdrawal from this Agreement and from membership in PARSAC, subject to the ex-Member Entity's continuing obligations under Article XXV below. A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than 6 months notice shall be final. Any Member Entity which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. Adopted May 25, 2017 25 ARTICLE XXIII EXPULSION Regardless of its three-year commitment under the Liability and/or Workers’ Compensation Program, a Member Entity may be expelled from PARSAC or a Program either with or without cause. The General Manager shall review any lack of satisfactory performance or other problem with the Member Entity and shall attempt to resolve the matter. If the General Manager determines that the Member Entity is unwilling or unable to correct the problem, the General Manager shall present the matter to the Executive Committee. The Executive Committee may recommend to the Board that the Member Entity be expelled, either with or without cause. Written notice of the Executive Committee's recommendation for expulsion shall be delivered to the Member Entity with return receipt at least fourteen [14] days before the Board meeting at which the matter will be discussed. Action by the Board shall require the vote of a majority of the total number of directors. Expelled members are subject to the administrative fee for a timely withdrawal as described in Article XXIII, Paragraph A. In considering the expulsion of a Member Entity, the Executive Committee shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons, if any, for the proposed expulsion. The period of time so allowed shall be within the sole discretion of the Executive Committee. If such a reasonable opportunity is allowed, PARSAC may require quarterly audits to monitor the affected Member Entity's remedial actions or any other conditions to its continued participation in PARSAC or its Programs. A Member Entity which is the subject of a proposed expulsion shall be responsible for investigating the availability of alternate coverage. On the request of the Member Entity, the Board may permit the Member Entity a reasonable time to make arrangements for alternative coverage, but such period of time shall be at the Board's sole discretion. Adopted May 25, 2017 26 ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES The withdrawal or expulsion of any Member Entity after its participation in any Program shall not terminate its responsibility with respect to the following: A. Provide PARSAC with such statistical and loss experience data and other information as may be necessary for PARSAC to carry out the purposes of this Agreement; B. Pay to PARSAC when due any Deposit Premiums or Retrospective Premium Adjustments for each Policy Year of each Program in which it participated; C. Cooperate fully with PARSAC in determining the cause of losses in the settlement of claims; D. Cooperate with and assist PARSAC and any insurer, excess provider, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; and E. Comply with the Bylaws and all policies and procedures of PARSAC not inconsistent with the provisions of this Agreement and not inconsistent with its withdrawal from PARSAC. Disposition of Equity – Timely Withdrawal or Expulsion. In addition, PARSAC shall retain all remaining equity, and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year[s] have been closed, at which time PARSAC shall refund to the ex- Member Entity, any remaining equity which was not expended in settling, paying or otherwise resolving claims against the ex-Member Entity. Disposition of Equity – Untimely Withdrawal. PARSAC shall retain all remaining equity Adopted May 25, 2017 27 and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year[s] have been closed and the administrative fee charged per Article XXII, Paragraph B. ARTICLE XXV TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Member Entities; provided, however, that this Agreement and PARSAC shall continue to exist for the purpose of disposing of all claims and paying its obligations (to CalPERS) for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of PARSAC. Upon termination of this Agreement, all assets of each Program of PARSAC shall be distributed among the Member Entities [and ex-Member Entities which previously timely withdrew or were expelled] which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six [6] months after the disposal of the last pending claim or other liability covered by each Program. Following the termination of this Agreement, any Member Entity which was a participant in any Program of PARSAC shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member Entity's period of participation. The Board is vested with all powers of PARSAC for the purpose of concluding and Adopted May 25, 2017 28 dissolving the business affairs of PARSAC. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board. ARTICLE XXVI NOTICES Notices to Member Entities under this Agreement or the Bylaws shall be sufficient if mailed to their respective addresses on file with PARSAC. Notices to PARSAC shall be sufficient if mailed to the address of the principal executive office of PARSAC, addressed to the General Manager. ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT No Member Entity may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member Entity shall have any right, claim or title to any part, share, interest, fund, premium or asset of PARSAC. ARTICLE XXVIII AMENDMENTS This Agreement may be amended by a two-thirds vote of the Board present and voting at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty [30] days in advance of such meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the Board explicit authorization to approve and execute amendments to this Agreement on behalf of the Member Entity without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. Any such amendment shall become effective immediately, unless otherwise stated therein. Adopted May 25, 2017 29 ARTICLE XXIX SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE XXX AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. If any provision of this Agreement conflicts with a provision of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern. Adopted May 25, 2017 30 ARTICLE XXXI EXECUTION OF COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement. Public Agency Risk Sharing Authority of California ["PARSAC"] Date: By: ________________________________________ Name/Title Attest: __________________________________________ Deputy Secretary, PARSAC Member Entity: __________________________ Date: By: __________________________________________ Name/Title Attest: __________________________________________ City/Town Clerk Adopted May 25, 2017 31 APPENDIX “A” PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC] MEMBER ENTITIES City of Amador City City of Avalon City of Belvedere City of Blue Lake City of California City City of Calimesa City of Calistoga City of Citrus Heights City of Clearlake City of Coalinga City of Ferndale City of Grass Valley City of Highland City of Menifee City of Nevada City City of Pacific Grove City of Placentia City of Placerville City of Plymouth City of Point Arena City of Rancho Cucamonga Rancho Cucamonga Fire Protection District City of Rancho Santa Margarita City of San Juan Bautista City of South Lake Tahoe City of Tehama City of Trinidad Town of Truckee City of Twentynine Palms City of Watsonville City of West Hollywood City of Wheatland City of Wildomar Town of Yountville City of Yucaipa Town of Yucca Valley PARSAC AGREEMENT FOR APPORTIONMENT OF RETIREMENT OBLIGATIONS Public Agency Risk Sharing Authority of California Appendix "C" Public Agency Rish Sharing Authority of California (PARSAC) Agreement for Apportionment of Retirement Obligations Dated May 25, 2017 PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC] AGREEMENT FOR APPORTIONMENT OF RETIREMENT OBLIGATIONS THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity[ies]," which are parties' signatory to the Joint Powers Authority Agreement (as revised effective May 25, 2017, hereafter "JPA Agreement. All such Member Entities are listed in Appendix "A,11 which is attached hereto and made a part hereof. RECITALS Whereas P ARSAC is an entity formed under California Government Code § 6500 which permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties. Whereas California Government Code§ 6508.2 requires that the member agencies of a joint powers agency ("AGENCY") mutually agree to a 100% apportionment of the AGENCY's retirement liability prior to either a dissolution of the AGENCY or the termination of the AGENCY's participation in a public retirement system. Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follow: AGREEMENT ARTICLE I DEFINITIONS The following terms shall have the following definitions: A."Agreement" shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California [PARSAC]. 2 B."Board" or "Board of Directors" shall mean the governing body of PARSAC.C."P ARSAC" shall mean the Public Agency Risk Sharing Authority of California createdby this Agreement. D."Deposit Premium" shall mean the estimated amount determined for each Member Entitynecessary to fund each layer of coverage for each Policy Year of each Program of PARSAC. E."Member Entity" shall mean any California public entity which is a party signatory to thisAgreement including any other agency for which the City Council sits as the Governing board. F.''Program Veart' shall mean a period of time, usually 12 months, for which each Programis to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments. G.'•Program" shall mean arrangements to cover specific types of claims which may include,but not be limited to, property, workers' compensation, and comprehensive liability claims. H.''Public Entin" shall mean a county, city, whether general law or chartered, city and county,town, district, political subdivision, joint powers authority, or any board, commission, or agency thereofp_roviding a municipal service, excluding school districts.I.''Public Retirement System" shall mean CalPERS or any other Public Entity retirementprogram established or operated by a California Public Entity available to public employees as to which current or former employees of P ARSAC participated. J.'�Retirement Liability" shall mean the liability that PARSAC possesses to all former orcurrent employees of PARSAC for retirement benefits owed to them pursuant to a contract between PARSAC and a Public Retirement System and arising by reason of those employees participation in the Public Retirement System. 3 K.'•Retrospective Premium" shall mean, the amount determined retrospectively as eachMember Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program. L.'�Retrospective Premium Adiustmenf' shall mean the amount necessary to periodicallyadjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount. ARTICLE II PARTIES TO THE AGREEMENT Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining. ARTICLE III PURPOSE This Agreement is entered into by the Member Entities in order to: A.Provide for an apportionment among current and fonner PARSAC Member Entitiesof 100% of P ARSAC' s Retirement Liability consistent with the requirements of Government Code §§ 6508.1 and 6508.2 as enacted and amended effective January 1, 2019. The current MemberEntities of PARSAC are set forth in Appendix A. The former Member Entities of PARSAC as of the date of this Agreement are set forth in Appendix B. 4 ARTICLE IV MF.TH On OF A PPORTTONMF.NT OF RF,TIREMENT LIA RH JTY A.In the event of a decision by the governing Board of PAR SAC to dissolve and ceaseall operations, or in the event of a decision by the governing Board of P ARSAC to terminate PARSAC's contract with a Public Retirement System, the Member Entities agree that 100% of PARSAC' s Retirement Liability shall be funded by all current and former PARSAC Member Entities based on a pro rata share of the former and current Member Entities' historical Deposit Premium in the Workers' Compensation and Liability self-funded Programs. The apportionment of the Retirement Liability shall be calculated as set forth above, and the unfunded Retirement Liability then existing shall be paid as follows: The unfunded Retirement Liability then existing shall be paid prior to any distribution of assets as provided in ARTICLE XXV of the JPA Agreement and prior to the payment of any equity that may be determined as the result of the Retrospective Premium Adjustment process as set forth in ARTICLE XX. (For example, should a Member Entity have remaining equity in either the Workers' Compensation or Liability program, at the time of PARSAC's dissolution or PARSAC's termination of PARSAC's contract with a public retirement system, the Member Entity's equity shall first be applied to reduce that Member Entity's share of the apportionment of the Unfunded Retirement Liability.) B.In the event that PARSAC disposes of the real property identified as 1525 ResponseRoad, Sacramento, CA, 95815 (the "Property"), any unfunded Retirement Liability of PARSAC shall first be reduced by applying the proceeds from the sale of the Property as provided in Resolution 2019-03, attached hereto as Exhibit A, prior to the determination of the amounts owed by the former or current Member Entities under the apportionment provided herein. 5 C.The apportionment of the Retirement Liability of PARSAC among the former andcurrent Member Entities of PARS AC and the obligation of the. former and c-urrent Member Entities to pay such apportionment of the PARSAC Retirement Liability as provided herein shall be a separate and independent obligation from the obligation of the Member Entities arising upon termination, expulsion or withdrawal of a Member Entity or upon termination of the Joint Powers Agreement (as revised effective May 25, 2017) including but not limited to ARTICLES XX, XXII, XXIII, XXIV and XXV of that Agreement. ARTICLE V TERM OF AGREEMENT This Agreement shall become effective as of the date hereof and shall continue in full force and effect for the purpose of paying 100% of the Retirement Liability of P ARSAC pursuant to the apportionment among former and current Member Entities as provided for herein. ARTICLE VI SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE VII AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. Ifany provision of this Agreement conflicts with a provision 6 8 Public Agency Risk Sharing Authority of California [“PARSAC’] Date: By: ________________________________ Name/Title Attest: ______________________________ Deputy Secretary, PARSAC Member Entity: _______________________ Date: By: ________________________________ Name/Title Attest: ______________________________ City/Town Clerk ITEM NO. 5.H 1 Meeting Date: November 24, 2020 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Cindy Bagley, Deputy Director of Community Services Sheri Lee Miller, Manager, Spreckels Performing Arts Center (PAC) Agenda Title : Adopt a Resolution Authorizing the Finance Director to Increase FY 20-21 Appropriations by $12,500 from the Spreckles Performing Arts Center Capital Facility Fund for Rewiring and Facility Repairs at the Performing Arts Center (PAC) RECOMMENDED ACTION: Adopt a resolution authorizing the Finance Director to increase FY 20-21 appropriations by $12,500 from the Spreckles Performing Arts Center Capital Facility Fund for rewiring and facility repairs at the Performing Arts Center (PAC). BACKGROUND: On July 1, 2014, as part of the recreation fee setting process, the City Council adopted a resolution approving a Recreation Facility Fee Use Policy, which in part established a $2 Facility Fee at the Performing Arts Center for the purpose of funding facility costs. The policy requires revenue collected from the facility fees be deposited in a special revenue account now referred to as the PAC Capital Facility Fund. The policy also requires funds from this account be “expended for either Non-Routine Maintenance and Supplies or Essential Equipment and the implementation costs associated therewith.” Due to the uncertainties around both the COVID 19 pandemic and re-opening guidance from the Sonoma County Health Officer, $0 were appropriated in the PAC Capital Facility Fund FY 20-21. During the COVID 19 shutdown, PAC staff have been onsite performing facility upgrades and repairs, most of which were funded from the FY 19-20 budget. As part of this effort, and in preparation for the eventual re-opening of the PAC, staff is requesting funding for the following additional improvements: • Electrical work for the projection system in the amount of $2,500 • Unanticipated facility maintenance and repairs in the amount of $10,000 ANALYSIS: Electrical System In FY 18-19, the City Council approved the purchase of a new projection system for the Codding Theater, which was purchased and installed in January, 2019, using funds from both the Spreckels 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 Endowment and the PAC Capital Facility Fund. In the course of rehearsals and performances, the machine shut-down on three different occasions. It was under warranty and sent back to the manufacturer. After making the necessary repairs, the manufacturer encouraged staff to upgrade the PAC electrical system from the current 110v circuit to a 240/208v circuit. While the initial problems were not caused by the current amperage, the manufacturer strongly suggested running the machine from a 240/208v circuit in order to improve performance and longevity. Unanticipated Facility Maintenance and Repairs In August of this year, the PAC experienced an attempted break-in at the back Green Room door, which resulted in a repair bill of $1,690. Unanticipated maintenance and repairs such as this are historically needed several times a year. Staff is requesting funds be appropriated from facility fees to cover these expenses without impacting the general fund. These funds would only be used for essential maintenance and repairs and would only be spent with City Manager approval on a case by case basis. OPTIONS: Staff has identified t hree potential options to accomplish the maintenance and repairs described above: 1. Adopt a resolution authorizing the Finance Director to appropriate $12,500 from the PAC Capital Facility Fund for upgrades and repairs to Spreckels Performing Arts Center. This results in the protection of the investment made in state-of-the-art projection equipment, helps ensure glitch-free performance during shows, and provides the PAC with funding in the event of unanticipated facility expenses. Staff recommends this option. 2. Do not adopt a resolution authorizing the Finance Director to appropriate the requested amount from the PAC Capital Facility Fee Fund. In doing so, the PAC would continue to operate the projector at 110v, leaving it vulnerable to malfunctioning and a shorter life span. Staff would request appropriations for unanticipated facility maintenance and repairs as they came up, which could delay repairs requiring immediate attention. Staff does not recommend this option. 3. Do not adopt a resolution authorizing the Finance Director to appropriate the requested amount from the PAC Capital Facility Fee Fund, but direct staff to return with a resolution to appropriate a different amount to cover only some of the expenses in this report. For example, City Council could determine that only the electrical work expenses should be appropriated this fiscal year. Staff does not recommend this option. STRATEGIC PLAN ALIGNMENT: Requesting funds from the PAC Capital Facility Fund aligns with Strategic Plan Goal B to achieve and maintain financial stability by reducing impact on the General Fund during a time of financial insecurity. FISCAL IMPACT/FUNDING SOURCE: The fund balance in the PAC Capital Facility Fund is $126,428. Estimated expenses are detailed in Table 1, below. ITEM NO. 5.H 3 Table 1 – Budget Breakdown Estimated Expenses Projection rewiring upgrade in Codding Theater $2,500 Unanticipated FY 20-21 facility expenses $10,000 TOTAL REQUEST $12,500 Total fund balance after this appropriation $113,928 Department Head Approval Date: 11/6/2020 J. McArthur Finance Director Approval Date: 11/6/2020 N. Bali City Attorney Approval Date: N/A S. Rudin City Manager Approval Date: 11/17/2020 D. Jenkins Attachments: 1. Resolution 2020-105 RESOLUTION NO. 2020-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FINANCE DIRECTOR TO INCREASE FY 20/21 APPROPRIATIONS FROM THE SPRECKELS PERFORMING ARTS CENTER CAPITAL FACILITY FUND FOR REWIRING AND FACILITY REPAIRS AT THE PERFORMING ART CENTER (PAC) WHEREAS, the Performing Arts Center (“PAC”) Capital Facility Fund was established on Aug. 14, 2018 for the purpose of funding facility projects at Spreckels Performing Arts Center; and WHEREAS, the City of Rohnert Park purchased new stage projection equipment for Spreckels Performing Arts Center in FY 18-19 that should run on a 220-amp circuit; and WHEREAS, the current electrical system for the projectors is 20-amps, putting the system at risk of damage or shutdown during a performance; and WHEREAS, it has been determined that new 220-amp outlets need to be professionally installed for safety and code compliance; and WHEREAS, other, unanticipated facility needs may arise; and WHEREAS, the current 20/21 PAC budget has $0 appro priated from the PAC Facility Fund, which has a current balance of $126,428. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Director of Finance, or his/her designee, to appropriate and transfer $12,500 from the Performing Arts Center Capital Facility Fund to the Performing Arts Center operating budget for the purpose of rewiring the projection element of the Codding Theater and to provide a reserve in the event of unforeseen facility maintenance needs. DULY AND REGULARLY ADOPTED this 24th day of November, 2020 CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) 1 Meeting Date: November 24, 2020 Department: Finance Submitted By: Nishil Bali, Finance Director Prepared By: Manuel Orozco, Accounting Supervisor Agenda Title: Adopt a Resolution Approving an Increase to General Fund Appropriations of $11,586,125 for Fiscal Year 2019-2020 for Previously Approved Action to Lower Unfunded Pension Liability ____________________________________________________________________________________________________ RECOMMENDED ACTIONS: Following Council direction at the February 11, 2020 meeting, Staff is recommending Council to adopt a resolution approving an increase to General Fund appropriations of $11,586,125 in the City’s General Fund budget for Fiscal Year 2019-20 for previously approved action to lower unfunded pension liability. BACKGROUND: On February 11, 2020, Council received a staff report to consider and provide direction to make a lump sum payment to CalPERS for unfunded pension liability from the City’s Public Agency Retirement Services (PARS) pension trust fund. City Council agreed and provided direction to transfer approximately $12 million of proceeds from PARS to CalPERS to reduce the City’s unfunded pension liability and protect the majority of the $2.8 million in earnings within the PARS pension trust fund (as of the date of the transfer). The City proceeded with the transaction by transferring funds, and recording a reduction in its PARS asset and its CalPERS liability. After conferring with the auditors it was determined that the PARS payment needs to be recorded as an expenditure, which would require a corresponding increase in the City’s Fiscal Year 2019-20 budget retroactively. Staff is therefore requesting a budget amendment to increase General Fund appropriations in Fiscal Year 2019-20. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal B to achieve and maintain financial stability. RECOMMENDED ACTION: 1.Approve the resolution authorizing an increase in appropriations of $11,586,125 in the General Fund PERS Non-Departmental object code to record a reduction in liability in the City’s pension retirement system. 2.No other actions were considered as the recommended action is consistent with direction given to staff at the February 11, 2020 meeting. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Item 5.I. FINANCIAL IMPACT: This action will affect the City’s Fiscal Year 2019-20 budget, but will have no impact on actual expenditures since funds have already been transferred from PARS to CalPERS. Department Head Approval Date: 11/16/2020 Finance Approval Date: 11/16/2020 City Attorney Approval Date: 11/17/2020 City Manager Approval Date: 11/18/2020 Attachments 1.Resolution 2020-106 RESOLUTION NO. 2020-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FINANCE DIRECTOR TO INCREASE APPROPRIATIONS OF THE FISCAL YEAR 2019-20 TO RECORD THE REDUCTION OF THE CITY’S PENSION LIABILITY WHEREAS, it was determined to be in the best interest of the City to set aside funds for the pre-funding of the City’s CalPERS pension obligation, to be held in the Public Agency Retirement Services (PARS) trust for the exclusive purpose of making future contributions towards the City’s required pension obligation and making any employer contributions in excess of such required contributions at the discretion of the City; and WHEREAS, the City set aside funds in the PARS program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code (as amended) and the Regulations issued thereunder, and also a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, City staff provid ed careful analysis of the past performance of the PARS trust and determined that the pension trust fund balance offered a 19.7% net investment return and that investment could diminish if there is a downturn of the market; and WHEREAS, an option of early withdrawal to pay off two twenty-year amortizations each with seven years remaining would create a savings of $2 million in principal and interest payments by reducing the City’s unfunded liability; and WHEREAS, City Council directed staff to withdraw approximately $12 million from the PARS trust to transfer to the CalPERS pension liability. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Finance Director to increase appropriations of $11,586,125 in the General Fund PERS Non-Departmental object code and record a reduction of the liability of the City’s pension retirement system. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 24th day of November, 2020. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 6.A. Meeting Date: November 24, 2020 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Receive an Informational Presentation Regarding the Climate Center's "Climate-Safe California" RECOMMENDED ACTIONS: Receive an Informational Presentation Regarding the Climate Center's "Climate-Safe California." BACKGROUND: This item was placed on this agenda by Mayor Callinan and Vice Mayor Mackenzie. Vice Mayor Mackenzie requested an opportunity to provide information regarding the Climate Safe California Platform. OPTIONS CONSIDERED: None considered. This is an informational presentation only. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: NA City Manager Approval Date: 11/19/2020 Finance Director Approval Date: NA City Attorney Approval Date: NA Attachments: 1.The Climate Center Climate-Safe California Rapid Decarbonization Campaign Endorsement Platform 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 Climate-Safe CA Endorsement Platform: Scientific Basis for Accelerated Climate Policy and Action May 2020 Page 1 Climate-Safe California Rapid Decarbonization Campaign Endorsement Platform The COVID-19 pandemic is a stark reminder: we ignore the science at our own peril and early action saves lives. An endorsement of Climate-Safe California, based on the latest science, is a public pledge of support for accelerated, aggressive climate policy by the state of California. Urgent action is required to ensure a safe and healthy future for all. There are dozens of scalable solutions available now to reverse the climate crisis. By demonstrating the bold policies required in the world’s fifth largest economy, we will inspire other states and countries around the world to greater action for a climate-safe Earth. We welcome organizations and individuals to endorse here. Please share widely. A.THE CLIMATE CRISIS IS HERE NOW, WORSE THAN ANTICIPATED, AND ACCELERATING, THREATENING ALL LIFE The climate crisis is more severe than projected. Climate change increasingly threatens natural ecosystems, wildlife, fisheries, food production, economies, community health, and the fate of humanity. More than 11,000 scientist signatories from around the world “declared clearly and unequivocally that planet Earth is facing a climate emergency” that requires bold and prompt action to “sustain life on our planet, our only home.”i Nine of fifteen global climate system tipping points are already activated. The likelihood of abrupt, irreversible runaway climate chaos increases daily if emissions are not significantly reduced soon. Even though the earth has warmed by only 1.1°C (2°F) since the start of the industrial era, we are losing the Amazon rainforest, potentially adding 1°C (1.8°F) of additional warming by itself. The West Antarctic and Greenland ice sheets are melting much faster than expected, changing ocean currents, accelerating sea level rise, and driving more extremes. Multiple other measurable, interconnected global impacts are likely to be triggered at lower warming thresholds than previously thought.ii [See more in Appendix A. ] B.MASSIVE REDUCTIONS OF WARMING EMISSIONS, WITH INITIAL DRAWDOWN FROM THE ATMOSPHERE, ARE REQUIRED BY 2030 TO PREVENT CATASTROPHIC IMPACTS UN IPCC scientists conservatively recommended that emissions globally must be cut 45% by 2030 from 2010 levels. In addition, upwards of one trillion tons of greenhouse gases (GHGs) that humans have already released into the atmosphere must be removed over the decades ahead, to secure a safe future for all life.iii iv Emissions must be reduced by five times to achieve the 1.5°C (2.7°F) limit, as set by the 2015 Paris Climate Agreement.v New science indicates these goals may be insufficient to avoid the worst. [See more in Appendix B.] Item 6.A. Climate-Safe CA Endorsement Platform: Scientific Basis for Accelerated Climate Policy and Action May 2020 Page 2 C.CALIFORNIA MUST ACCELERATE ITS CLIMATE LEADERSHIP TO AVOID INCREASINGLY DIRE CONSEQUENCES AND INSPIRE CLIMATE ACTION WORLDWIDE The climate crisis is already negatively impacting California with record-breaking drought vi, extreme heat, floods, fires vii, and winds. This is resulting in loss of human life and significant expense to the state, businesses, local communities, and families.viii Moreover, future costs are estimated to exceed $50 billion annually by 2050. The costs of inaction are substantially greater than action.ix There are dozens of scalable solutions available now to reverse the climate crisis. The solutions significantly reduce emissions, increase sequestration, provide economic benefits, and foster a healthy, equitable society for all.x [See more in Appendix C.] THEREFORE, WE/I ENDORSE THE CLIMATE-SAFE CALIFORNIA xi CAMPAIGN AND CALL ON THE STATE OF CALIFORNIA TO ENACT THE FOLLOWING SOLUTIONS:xii 1.BY NO LATER THAN 2022, COMMIT TO 80% BELOW 1990 LEVELS OF GHG EMISSIONSxiii AND NET NEGATIVE EMISSIONS BY 2030,xiv accelerating existing state policy timelines.xv 2.SECURE A JUST TRANSITION FOR WORKERS WHOSE LIVELIHOODS DEPEND ON FOSSIL FUEL INDUSTRIES, ensuring their economic well-being.xvi 3.CLOSE THE CLIMATE GAP WHEN ENACTING CLIMATE-SAFE POLICIES TO ENSURE LOWER- INCOME COMMUNITIES ARE NO LONGER DISPROPORTIONATELY HARMED by the health and economic consequences of fossil fuel development, production, and use. 4.ENACT BY 2025 THE SUITE OF POLICIES REQUIRED BY SCIENCE TO PUT US ON TRACK FOR A CLIMATE-SAFE CALIFORNIA BY 2030 a.ACCELERATE THE PHASE-OUT OF FOSSIL FUEL DEVELOPMENT, PRODUCTION, AND USE i.Immediately halt new oil and gas drilling and infrastructure development ii.Ensure significantly greater GHG-free transportation and mobility, including starting a phase-out of fossil fuel powered vehicles by 2025 iii.Secure 100% clean, distributed, resilient energy production and storage, including mobile sources such as electric vehicles iv.Ensure significantly greater GHG-reduction in buildings b.INCREASE CARBON SEQUESTRATION i.Sequester from the atmosphere an additional 100+ MMT of CO2e annually by 2030 through major investments in healthy soils; forest, wetland, agricultural and other habitat and vegetation management; and climate-smart habitat restoration at scale in California starting no later than 2022 Climate-Safe CA Endorsement Platform: Scientific Basis for Accelerated Climate Policy and Action May 2020 Page 3 c.INVEST IN COMMUNITY RESILIENCE i.Fund and support every California community by 2025 to: 1.Develop and implement resilience measures as currently required by state lawxvii such as community resilience centers and resilience staffing to reduce deleterious climate impacts on human health, from increased heat, fire and smoke exposure to flooding, drought, and spread of disease 2.Establish clean energy community microgrids and battery storage linked to electric transportation, empowering communities to keep the lights on for critical facilities such as fire stations and hospitals during planned or unplanned outagesxviii d.GENERATE THE FUNDS NEEDED FOR SPEED AND SCALE CLIMATE ACTION i.Generate by no later than 2025 an estimated $20 billion per year in new state funds to pay for this urgently needed suite of policies from progressive financing mechanisms, such as frequent flyer fees,xix green bonds, and a carbon fee and dividend type program The chart below shows what is required to achieve a Climate-Safe California. For more information, please visit here or email climatesafe@theclimatecenter.org. Please endorse the Climate-Safe California platform here and share with others. Climate-Safe CA Endorsement Platform: Scientific Basis for Accelerated Climate Policy and Action May 2020 Page 4 Appendix: Additional References A. THE CLIMATE CRISIS IS HERE NOW, WORSE THAN ANTICIPATED, AND ACCELERATING, THREATENING ALL LIFE  Climate change is making air pollution, heat waves, the spread of disease, and other perils worse. It is exposing more people in more places to dangerous weather extremes from flooding to drought. The health and well-being of older people, workers in agricultural and construction trades, and people in lower income communities are disproportionately affected.xx  The last five years have been the world’s hottest in recorded history. Last year, 2019, capped the hottest decade on record and was a year when the oceans were the warmest ever recorded.xxi  Over 70 U.S. health organizations declared that climate change is a public health emergency urging immediate action from all sectors of society to rapidly reverse the climate crisis.xxii  The economic disruptions and instabilities caused by the climate crisis are already significant. These events are likely to become even more frequent, widespread, and severe, undermining the security, well-being, and future prospects of communities, families, and individuals as well as institutions, public and private, requiring “immediate collective action.”xxiii  As climate change progresses, natural greenhouse gas sinks are increasingly losing their ability to slow climate change. These include soils, wetlands, and the ocean, which remove about half of all emissions from human activities. To avoid “sweeping and severe” consequences for nature and humanity, we must drastically reduce emissions now.xxiv  Newly discovered abrupt permafrost thaw in the Arctic doubles previous estimates of emissions of carbon dioxide (CO2). In addition, methane, which is 83 times more powerful as an agent of warming than CO2 over its ~20-year lifespan in the atmosphere, is not included in any climate models, including those of the UN Intergovernmental Panel on Climate Change (IPCC).xxv  More than 3/4 of the world’s oceans are speeding up due to global warming. These changes, which were not expected until the end of the century, increase threats to marine ecosystems and the likelihood of more extreme weather events. xxvii xxvi At the same time, freshwater from melting ice is slowing down Atlantic circulation, which moderates weather in Europe.  Climate change is causing abrupt changes in dryland regions of the world and projected to cause abrupt ecosystem collapse starting in tropical oceans this decade. The changes are damaging ecosystems where over 2 billion people live and threatening the ability of soils and vegetation in those regions to produce food, sequester carbon, hold water, and sustain biodiversity.xxviii  Rapidly increasing loss of biodiversity and ecosystem function diminish humanity’s ability to slow the economic and societal impacts of climate change. These losses lessen our resilience to growing extremes by reducing food and job security and increasing health risks.xxix  Climate models have been generally ineffective at demonstrating the growing understanding by scientists of climate system sensitivities. This limits policymakers’ abilities to address the increasing magnitude of the global warming challenge.xxx B. MASSIVE REDUCTIONS OF WARMING EMISSIONS WITH INITIAL DRAWDOWN OF ATMOSPHERIC GREENHOUSE GAS BY 2030 ARE REQUIRED TO PREVENT CATASTROPHIC IMPACTS  By 2030, the world must triple emissions reductions to achieve the goal of limiting global warming to well below 2°C (3.6°F). Emissions must be reduced by five times to achieve the 1.5°C (2.7°F) limit, as set by the 2015 Paris Climate Agreement.xxxi  Scientists have concluded that to secure “a tolerable climate future,” we must immediately and aggressively pursue carbon neutral energy production by 2030. They further concluded that we Climate-Safe CA Endorsement Platform: Scientific Basis for Accelerated Climate Policy and Action May 2020 Page 5 must “hope for some luck” that the global climate system’s sensitivity to the continued addition of warming greenhouse gas emissions is low. These conclusions were based on an assessment of more than 5 million future climate pathways. xxxii  An influential global environmental scientist explains that “the next decade is our window” to avoid “runaway global warming.” Said Johan Rockström, “We don't want to push the 'on' buttons of runaway global warming. The next decade is our window…with consequences for all future generations.”xxxiii C. CALIFORNIA MUST ACCELERATE ITS CLIMATE LEADERSHIP TO AVOID INCREASINGLY DIRE CONSEQUENCES AND INSPIRE CLIMATE ACTION WORLDWIDE  California, the world’s fifth largest economy, has been a global climate policy leader. California has consistently demonstrated that investments in a clean energy economy can yield economic benefits.xxxiv  California has recognized that to avoid irreversible climate chaos, we must dramatically increase our efforts. “The state must increase its efforts to conserve, restore, and manage California's forests, rangelands, farms, urban green spaces, wetlands, and soils.”xxxv  Other regions show that bolder climate policies are possible. Uruguay plans to become a net carbon sink by 2030; Copenhagen’s target for achieving net-zero emissions is 2025; Finland’s is 2035. Norway’s goal to end sales of new fossil fuel-powered vehicles is 2025. Rhode Island’s goal for achieving 100% renewable energy is 2030.xxxvi  A supermajority of Californians (80%) view global warming as a serious threat to the future economy and quality of life (July 2018). Among Democratic primary votes, climate change was the highest priority (Dec 2019).xxxvii i Ripple, et al. World Scientists’ Warning of a Climate Emergency, BioScience, Volume 70, Issue 1, Jan 2020; IPCC 2018 ii Lenton, et al. Climate tipping points — too risky to bet against: The growing threat of abrupt and irreversible climate changes must compel political and economic action on emissions. Nature. Nov 27, 2019; ScienceDaily, Nine climate tipping points now 'active,' warn scientists Nov 27, 2019 iii UN Intergovernmental Panel on Climate Change, Global Warming of 1.5 ºC, Oct 2018 iv Herrando-Pérez et al. Statistical Language Backs Conservatism in Climate-Change Assessments. BioScience, March 2019, and Study shows IPCC is underselling climate change; IPCC assessments are inherently conservative as they require scientific then political consensus from governments across the globe. v United Nations Environment Program, Emissions Gap Report 2019, Nov 2019; UN Framework Convention on Climate Change (UNFCCC), The Paris Agreement, Dec 2015. vi Williams, et al. Large contribution from anthropogenic warming to an emerging North American megadrought. Science. 17 Apr 2020. The western U.S. is locked in the grips of the first human-caused megadrought, study finds. Washington Post. 16 Apr 2020 vii Goss et al. Climate change is increasing the risk of extreme autumn wildfire conditions across California. Envir. Research Letters Mar 2020. Climate Change Has Doubled Riskiest Fire Days in California, E&E News, Apr 2020 viii Bedsworth et al. California’s Fourth Climate Change Assessment: Statewide Summary Report. Jan 2019. ix Roston and Bloomberg. The Massive Cost of Not Adapting to Climate Change, Fortune, Sept 20, 2019; Gonzalez, Huge Costs in Climate Inaction, Business Insurance, Jan 2019 x Drawdown 2020 Review, March 2020 xi Climate-Safe California is defined as CA becoming a net carbon sink with sequestration greater than emissions, achieving initial stages of drawdown by 2030. xii Note that this suite of policies will be updated with the latest science, and input from experts and partners. xiii 80% below 1990 levels of 431 MMT CO2e equals 86 MMT of CO2e annual emissions by 2030. xiv With vastly increased investments in nature-based sequestration on natural and working lands starting no later than 2022 (also providing other benefits e.g., water, biodiversity and food security), California can sequester an additional 100+ MMT CO2e annually from the atmosphere by 2030. Combined with reaching measured emissions reductions of 80% below 1990 levels or 86 MMT of annual CO2e emissions by 2030, the state could reach -14 MMT Climate-Safe CA Endorsement Platform: Scientific Basis for Accelerated Climate Policy and Action May 2020 Page 6 CO2e annually, starting drawdown or net negative emissions. Nascent negative emissions technologies could likely scale up by the 2030’s to further increase atmospheric drawdown of GHGs. xv Existing state policies call for achieving 80% below 1990 levels of GHGs by 2050 (Governor Schwarzenegger Executive Order S-3-05 2005) and “maintaining net-negative emissions” after achieving carbon neutrality by “no later than 2045” (Governor Jerry Brown Executive Orders B-55-18 2018). xvi World Resources Institute. Leaving no worker behind in shifting to a low-carbon future. March 2019. xvii California Senate Bill 379 (2015) requires that “all cities and counties to include climate adaptation and resiliency strategies in the Safety Elements of their General Plans upon the next revision beginning January 1, 2017” but provides no funds to pay for this. xviii New bills in the California state legislature address this including SB 1240 (Senator Nancy Skinner) Utility Reform Planning and SB 1314 (Senator Bill Dodd) the Community Energy Resilience Act, prioritizing initial efforts in lower income communities. xix There were approximately 240 million passengers at California’s top 8 airports in 2018. If each paid a $10 climate- safe California fee, the state could secure ~$2.4 billion annually. xx Raymond et al. The emergence of heat and humidity too severe for human tolerance. Science Advances., May 2020; Leleiveld et al., Loss of life expectancy from air pollution: a worldwide perspective. Cardiovascular Research, March 2020; Hoffman et al. Effects of Historical Housing Policies on Resident Exposure to Intra-Urban Heat. Climate, 2020; K.L. Ebi, et al. Human Health. In Fourth Natl. Climate Assessment, Volume II. U.S. Global Change Research Program, Washington, DC. xxi NOAA; 2019 Was the 2nd-Hottest Year Globally on Record, & Ocean Temperatures Are Hotter Than Ever, Time Mag., Jan. 16, 2020; J. Samelow, Congratulations, You Just Survived the 5 Hottest Years on Record, Wash. Post, Feb 2019 xxii Pullano. U.S. Medical Groups Warn Candidates: Climate Change Is a 'Health Emergency'. Inside Climate News. June 2019; and US Call to Action on Climate, Health and Equity (pdf) xxiii Global Risks Report 2020: A decade left: Confronting Runaway Climate Threat. World Economic Forum. Jan 15 2020; Gonzalez, Huge Costs in Climate Inaction, Business Insurance, Jan 2019 xxiv Hubau, et al. Asynchronous carbon sink saturation in African and Amazonian tropical forests. Nature, March 2020; Tollefson, World’s oceans are losing power to stall climate change, Nature, Sept 2019; and, IPCC, Special Report on the Ocean and Cryosphere in a Changing Climate, Sept 2019. xxv Turetsky et al. Carbon release through abrupt permafrost thaw. Nature Geoscience | VOL 13 | February 2020, and Science Daily, Arctic permafrost thaw plays greater role in climate change than previously estimated, Feb 3, 2020. xxvi Hu et al. Deep-reaching acceleration of global ocean circulation over the past two decades Science Advances. 05 Feb 2020; C. Mooney. Oceans speeding up: another mega-scale consequence of climate change. Wash Post, Feb. 5 2020. xxvii A. Woodward, Melting ice is slowing down the Atlantic ocean's circulation system. Business Insider, Sept 26, 2019. xxviii Berdugo, et al. Global ecosystem thresholds driven by aridity. Science, 2020; 367 (6479): 787; Major study shows climate change can cause abrupt changes to dryland ecosystems. ScienceDaily, Feb 2020. Trisos et al. The projected timing of abrupt ecological disruption from climate change. Nature, 2020 xxix Dangers of Accelerated Biodiversity Loss in Global Risks Report 2020. World Economic Forum. Jan 15 2020 xxx Palmer, et al. The scientific challenge of understanding and estimating climate change. PNAS. Dec 2019 xxxi United Nations Environment Program, Emissions Gap Report 2019, Nov. 2019; UN Framework Convention on Climate Change (UNFCCC), The Paris Agreement, Dec 2015. xxxii Lamontagne et al. Robust abatement pathways to tolerable climate futures require immediate global action. Nature Climate Change, 2019 and Few pathways to an acceptable climate future without immediate action, March 11, 2019. Note the IPCC assesses only a handful of future climate pathways. xxxiii J. Rockström, Swedish Radio, Dec. 2019. xxxiv Governor’s office. Climate Pollution continues to drop below 2020 target while state’s economy grows. Aug 2019; Rogers, California has 5 times more clean energy jobs than fossil fuel jobs. SJ Mercury News. Aug 20 2019. xxxv California Air Resources Board, Natural and Working Lands, 2020. xxxvi For more on these bold accelerated targets, see: Copenhagen, Norway, Uruguay, Finland, and Rhode Island. xxxvii California voters call climate change their top priority, LA Times, Dec 6 2019; PPIC, Californian’s Views on Climate Change. July 2018. Item 6.B. Supplemental