2021/04/27 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, April 27, 2021
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_____Linares_____Stafford_____Elward_____Giudice_____)
2.PLEDGE OF ALLEGIANCE
3.PRESENTATIONS
3.A Mayor's Proclamation: Recognizing April as Earthquake Awareness Month
Item 3.A.
4.DEPARTMENT HEAD BRIEFINGS
4.A Public Safety: Update on 2020 Part I and II Crimes
Item 4.A. PowerPoint Presentation
5.PUBLIC COMMENTS
Persons wishing to address the Council on any Consent Calendar item or on City business not
listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those
wishing to address the Council should refer to Page 1 for information on how to submit public
comments.
6.CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one or more action(s) of the City
Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community
Development Commission, whichever is applicable, unless any Council Member or anyone else
interested in a consent calendar item has a question about the item.
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.
CITY COUNCIL STRATEGIC PRIORITIES: On January 26, 2021, the Rohnert Park City Council
adopted ten strategic priorities for 2021 (listed below in no particular order):
a.Navigating through COVID-19 f.Labor negotiations
b.Climate change g.General Plan update
c.Police/community relations and accountability h.Infrastructure, maintenance and beautification
d.Services for unhoused people i.Make progress on the downtown
e.Financial health j.Attract housing at all levels
Council Motion/Roll Call Vote:
(Adams_____Linares_____Stafford_____Elward_____Giudice_____)
6.A Acceptance of Reports from Finance Department:
6.A.1. City Bills/Demands for Payment dated April 3 through April 14, 2021
6.A.2. RPFA - Cash Report for Month Ending February 28, 2021
6.A.3. Housing Successor Agency - Cash Report for Month Ending February 28, 2021
6.A.4. Successor Agency - Cash Report for Month Ending February 28, 2021
6.A.5. City - Cash Report for Month Ending February 28, 2021
6.B Approval of Minutes for:
6.B.1. City Council/RPFA/Successor Agency Joint Special Meeting, April 6, 2021
6.B.2. Foundation Board Special Meeting and Joint Regular Meeting of the City
Council/RPFA/Successor Agency, April 13, 2021
6.C Adopt Resolution 2021-038 Approving Salary Ranges and Job Descriptions for the
Development Engineering Manager/Building Official and Senior Building Inspector in the
Development Services Department
Item 6.C.
6.D Adopt Resolution 2021-039 Authorizing Participation in the California
Intergovernmental Risk Authority (CIRA) Effective 07/01/21, with regard to the Workers’
Compensation Program and Authorizing Application to the Director of Industrial
Relations, State of California for a Certificate of Consent to Self-Insure Workers'
Compensation Liabilities
Item 6.D.
6.E Adopt Resolution 2021-040 Approving Amendment 1 to the Maintenance Agreement
with DC Electric Group Inc and Related Actions (CEQA: Exempt under CEQA
Guidelines Section 15301)
Item 6.E.
6.F Adopt Resolution 2021-041 Approving the Amended Recreation Facility Use Fee
Schedule to Include Best Friends Canine Club Fee and Approving Waiving Insurance
Requirements for the Best Friends Canine Club
Item 6.F.
6.G Adopt Resolution 2021-042 Authorizing City Manager to Execute Program Supplement
Agreement No. F014 for the State Farm Drive Rehabilitation (Federal Project No. STPL-
5379(022)/City Project No. 2016-08)
Item 6.G.
6.H Adopt Resolution 2021-043 Approving an Amendment to Employment Agreement
Between the City of Rohnert Park and Don Schwartz for Assistant City Manager Services
Item 6.H.
6.I Adopt a Resolution 2021-044 Authorizing and Approving a Public Improvement
Agreement for the Vast Oak North Phase 3B Wet Utilities (CEQA: Consistent with the
University District EIR)
Item 6.I.
7.REGULAR ITEMS
7.A Consider Waiving the Second reading of, and Adopting Ordinance No, 954, an Ordinance
of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert
Park Municipal Code to Prohibit the Sale and Use of Fireworks
A. Staff Report
B. Public Comments
C. Ordinance for Adoption: Ordinance 954, an Ordinance of the City Council of the City
Of Rohnert Park, California, Repealing and Replacing Chapter 9.49 of the Rohnert Park
Municipal Code to Prohibit the Sale and Use of Fireworks
D. Council Motion/Roll Call Vote:
(Adams_____Linares_____Stafford_____Elward_____Giudice_____)
Item 7.A.
7.B Discussion and Direction General Plan – Racial, Social and Environmental Justice
Element
A. Staff Report
B. Public Comments
C. Council Discussion/Direction
Item 7.B.
Item 7.B. PowerPoint Presentation
7.C Discussion and Direction on General Plan Update – Circulation Element
A. Staff Report
B. Public Comments
C. Council Discussion/Direction
Item 7.C.
Item 7.C. PowerPoint Presentation
7.D Consideration of a Resolution Declaring Intention to Form the Bristol Services
Community Facilities District to Fund Certain Public Services and Authorizing and
Directing Certain Related Actions
A. Staff Report
B. Public Comment
C. Resolutions for Adoption: Resolution 2021-045 a Resolution of the City Council of the
City Of Rohnert Park Declaring Intention to Form the Bristol Community Facilities
District to Fund Certain Public Services and Authorizing and Directing Certain Related
Actions
D. Council Motion/Roll Call Vote:
(Adams_____Linares_____Stafford_____Elward_____Giudice_____)
Item 7.D.
Item 7.D. PowerPoint Presentation
7.E Discussion and Direction: Marin Sonoma Bike Share Pilot Program
A. Staff Report
B. Public Comments
C. Council Discussion/Direction
Item 7.E.
Item 7.E. PowerPoint Presentations
8.COMMITTEE / LIAISON / OTHER REPORTS
This time is set aside to allow Council members serving on Council committees or on regional
boards, commissions or committees to present a verbal report on the activities of the respective
boards, commissions or committees on which they serve. No action may be taken.
8.A Standing Committee Reports:
1. Education Committee Meeting (4/14)
8.B Liaison Reports:
1. Senior Citizens Advisory Commission (4/15)
2. Chamber of Commerce Board of Directors (4/20)
3. Library Advisory Board (4/20)
8.C Outside Agency Appointments:
1. Sonoma County Transportation Authority/Regional Climate Protection Authority
(SCTA/RCPA) Board of Directors Meeting (4/12)
2. Association of Bay Area Government (ABAG) Executive Board of Directors Meeting
(4/15)
3. Zero Waste Sonoma Board of Directors Meeting (4/15)
4. Mayors and Council Members' Association of Sonoma County Legislative Committee
(4/16)
5. Redwood Empire Municipal Insurance Fund (REMIF) Board (4/22)
8.D Other Reports:
9.COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council
Members desiring to read or discuss any communication may do so at this time. No action may be
taken except to place a particular item on a future agenda for Council consideration.
10.MATTERS FROM/FOR COUNCIL
Any member of the City Council may place an Item on “Matters from/for Council” before the City
Council meeting by providing the City Manager with the title of the item before the agenda is
published. The purpose of the City Council discussion on such item will be to determine whether it
will be placed on a subsequent agenda for deliberation and action. A concurrence of two
Councilmembers will be sufficient to add the item on a subsequent agenda. In accordance with the
Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for
brief reports on his or her own activities or brief announcements regarding an event of community
interest.
11.PUBLIC COMMENTS
Persons wishing to address the Council on 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.
12.RECESS TO CLOSED SESSION TO CONSIDER:
12.A
Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1))
Glenn Ray Keel, Jr. vs. City of Rohnert Park, et. al., United States District Court Northern
District of California, Case No.4:21-cv-02235-KAW
12.B Reconvene Joint Regular Meeting Open Session and Report on Closed Session
(Government Code §54957.1)
13.ADJOURNMENT
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds.
If you wish to speak on an item under discussion by the Council which appears on this agenda, please
refer to page 1 for more details on submitting a public comment. Any item raised by a member of the
public which is not on the agenda and may require Council action shall be automatically referred to
staff for investigation and disposition which may include placing on a future agenda. If the item is
deemed to be an emergency or the need to take action arose after posting of the agenda within the
meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine
if it is an emergency item under said Government Code and may take action thereon.
AGENDA REPORTS & DOCUMENTS: Electronic copies of all staff reports and documents subject to
disclosure that relate to each item of business referred to on the agenda are available for public
inspection on https://www.rpcity.org/city_hall/city_council/meeting_central. Any writings or
documents subject to disclosure that are provided to all, or a majority of all, of the members of the City
Council regarding any item on this agenda after the agenda has been distributed will also be made
available for inspection on our website following the meeting.
DISABLED ACCOMMODATION: Any member of the public who needs accommodations should
email the ADA Coordinator at vperrault@rpcity.org or by calling 707-588-2221. The ADA Coordinator
will use their best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for resolving
reasonable accommodation requests. Information about reasonable accommodations is available on the
City website at
https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources
CERTIFICATION OF POSTING OF AGENDA
I, _________________________, ____________________, for the City of Rohnert Park, declare that
the foregoing agenda was posted and available for review on ______________ ______, _________, at
Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also
available on the City web site at www.rpcity.org. Executed this _____ day of ________________,
_________ at Rohnert Park, California. _____________________________ Office of the City Clerk
PPP rrr ooo ccc lll aaa mmm aaa ttt iii ooo nnn
A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK
D ECLARING A PRIL AS E ARTHQUAKE P REPAREDNESS M ONTH
Whereas, Californians have witnessed and experienced earthquakes that have resulted in
significant property damage, injuries and loss of life, and indirect costs; and
Whereas, as many as 10,000 earthquakes occur each year in California and mitigation measures
can save lives, reduce property damage, and alleviate economic dislocation caused by
earthquakes; and
Whereas, California is the first state in the nation to offer free, cutting-edge technology designed
to alert Californians before shaking begins through the Earthquake Warning California system,
including the MyShake App, Android Earthquake Alerts, and Wireless Emergency Alerts; and
Whereas, every community member of Rohnert Park can take proactive steps by learning about
the latest technology and innovations available at no -cost to protect their families, employees, and
neighbors from earthquakes; and
Whereas, incorporating earthquake warning technology into emergency planning efforts can
help mitigate risk of injury and death by providing a few moments warning to take protective
actions.
Now, Therefore be it Resolved, that I, Gerard Giudice, as Mayor, and on behalf of the
Ro hnert Park City Council do herby proclaim the month of April 2021 as Earthquake
Preparedness Month. I encourage the residents of Rohnert Park to join communities across
California to learn more about Earthquake Warning California, the MyShake App, using
earthquake warning technology, and sharing earthquake warning resources with friends, family,
and colleagues, to help build a resilient community and strengthen the State of California in its
earthquake preparedness efforts.
Duly and Regularly Proclaimed this 27th day of April 2021.
CITY OF ROHNERT PARK
Gerard Giudice, MAYOR
Item 3.A.
Rohnert Park Department of Public
Safety
UCR Part I and II Crimes Report
2020
Tim Mattos,
Public Safety Director
1
Item 4.A.
Uniform Crime Reporting (UCR)
Standardized crime statistics collected and
published by the FBI since 1930
More than 18,000 law enforcement agencies
participate
Data is publicly available
◦FBI Crime Data Explorer tool:
https://crime-data-explorer.fr.cloud.gov/
◦California DOJ OpenJustice tool:
https://openjustice.doj.ca.gov/
2
UCR Part I
Violent Crime
◦Criminal homicide (murder, non-negligent manslaughter, manslaughter
by negligence)
◦Forcible rape (statutory offenses where no force was used are
excluded)
◦Robbery
◦Aggravated assault (usually involves the use of a weapon or means likely
to produce death or great bodily harm)
Property Crime
◦Burglary (breaking or entering, includes attempted forcible entry)
◦Larceny -theft (includes attempted larcenies, excludes motor vehicle
theft, embezzlement, confidence games, forgery, check fraud, etc.)
◦Motor vehicle theft (excludes motorboats, construction equipment,
airplanes, and farming equipment)
◦Arson
3
UCR Part II
Other assaults (simple and attempted assaults where no weapon was used or no serious injury resulted)
Forgery and counterfeiting (attempts are included)
Fraud (including confidence games and check fraud)
Embezzlement
Stolen property (attempts are included)
Vandalism (attempts are included)
Weapons (attempts are included)
Prostitution and commercialized vice
Sex offenses (includes incest, indecent exposure, statutory rape, and attempts)
Drug abuse violations (includes specified drug categories)
Gambling
Offenses against the family and children (that are not classifiable as other offenses such as assault)
Driving under the influence
Liquor laws (excludes federal violations)
Drunkenness (excludes driving under the influence)
Disorderly conduct
Vagrancy
All other offenses (all other violations not identified as Part I or Part II offenses, except traffic violations)
Suspicion
Curfew and loitering laws (limited to juveniles under age 18)
Runaways (limited to juveniles under age 18 taken into protective custody)4
2020 UCR Crimes Report
5
Item 6.A.1
Item 6.A.2.
Item 6.A.3
Item 6.A.4.
Item 6.A.5.
MINUTES OF THE SPECIAL MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Wednesday, April 6, 2021
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC SPECIAL MEETING -
CALL TO ORDER/ROLL CALL
Mayor Giudice called the special meeting to order at 2:00 p.m., the notice for which being
legally noticed on April 1, 2021. There was no physical location for this meeting but the agenda
included language on how to observe the public portion of the meeting and how to submit
public comments.
Participating via Zoom Video Communications:
Gerard Giudice, Mayor
Jackie Elward, Vice Mayor
Susan H. Adams, Councilmember
Willy Linares, Councilmember
Pam Stafford, Councilmember
Absent: None.
Staff attending via Zoom Video Communications: City Manager Jenkins, Assistant City Manager
Schwartz, City Attorney Kenyon, Director of Public Safety Mattos, Director of Public Works and
Community Services McArthur, Director of Development Services Pawson, Finance Director
Bali, Senior Analyst L. Tacata, Environmental Coordinator Bennett, Management Analyst II
Beran, Housing Administrator Garcia, Senior Code Compliance Officer Kirk, Deputy Chief
Johnson, Deputy City Clerk Machado and City Clerk Lopez Cuevas.
Staff Present: Information Systems Operations Manager Rowley.
2.DISCUSSION AND DIRECTION REGARDING AN ALTERNATIVE RESPONSE
MODEL TO MENTAL HEALTH/CRISIS CALLS FOR SERVICE, AND
HOMELESSNESS ISSUES NOT REQUIRING A LAW ENFORCEMENT RESPONSE
City Manager Jenkins, Director of Public Safety Mattos and Ben Adam Climer, from CRISIS
Consulting, CAHOOTS (Crisis Assistance Helping out on the Streets), presented this item.
Recommended Action(s): Receive this report and provide direction as to whether the City
should move forward with further evaluating a new mental health/crisis response model.
PUBLIC COMMENTS: City Clerk Lopez Cuevas read comments submitted by Allegra
Wilson, Laura Sparks and Michael Vosler who spoke about this item.
Item 6.B.1.
City of Rohnert Park Special Meeting Minutes for City Council April 6, 2021
RPFA/CDC Successor Agency Page 2 of 4
Council received the report.
ACTION: By consensus (none opposed), Council directed staff to move forward as
proposed with further evaluating a new mental health/crisis response
model to address the concern of law enforcement officers responding to
crisis calls for service, pursue partnership with the City of Cotati and the
possibility of the City of Rohnert Park to have their own response van for
the program.
3. DISCUSSION AND DIRECTION ON OPTIONS FOR EXPANDING THE CITY’S
HOMELESS SERVICES AND SUPPLEMENTAL INFORMATION REGARDING
STAFFING REQUIREMENTS TO EXPAND THE CITY’S HOMELESSNESS
SERVICES
Housing Administrator Garcia, Director of Development Services Pawson and Assistant City
Manager Schwartz presented this item. Recommended Action(s): Discuss and provide
direction on a) options regarding expanding the City’s efforts to respond to homelessness and b)
staffing requirements to expand the City’s Homelessness Services. If approved, Staff to work
with Human Resources to determine the appropriate position for this role and return to Council
at a future date for review and approval.
PUBLIC COMMENTS: Deputy City Clerk Machado read comments submitted by Phil and
Wendy Horton, Teddie Pierce, Adrienne Lauby, Sonoma County Black Coalition, Janal Reyes,
Nancy Garibay, Paula Brown, Celeste Murad, Suzanne Lande, Vera Zaro, James Wagner,
Gregory Fearon, Gail Simons, and Cynthia Poten who spoke about this item.
# SERVICE
TYPE
PROGRAM STAFF
RECOMMENDATION
COUNCIL ACTION
1 Prevention Services Hub /
Eviction
Prevention
Staff do not recommend that
the City invest in homeless
prevention at this time
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
2 Outreach Mobile
Outreach
Consider increasing funding By consensus (none opposed),
Council directed staff to move
forward with their recommended
action plus increase funding for
Unsheltered Friends Outreach.
By consensus (Linares, Elward and
Giudice), Council directed staff focus
on Rohnert Park dedicated efforts.
By consensus (none opposed),
Council directed staff to allocate
$3,000 per month to UFO and review
spending in 90 days. This is
contingent on staff/Council
determining that these funds are
available during Council Budget
Work Sessions.
3 Outreach Day Center Staff do not recommend
funding a day center
By consensus (none opposed),
Council directed staff to move
City of Rohnert Park Special Meeting Minutes for City Council April 6, 2021
RPFA/CDC Successor Agency Page 3 of 4
forward with their recommended
action.
4 Outreach Coordinated
Entry Access
Point
Continue exploring access
point
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
5 Shelter Congregate /
Non-congregate
Shelter
Staff do not recommend
funding a shelter in Rohnert
Park
By consensus (Adams opposed),
Council directed staff to move
forwar d with their recommended
action.
6 Shelter Safe Parking Do not fund housing-focused
safe parking program. Council
may consider volunteer or
basic model
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action and to explore a volunteer-led
program.
7 Rapid
Rehousing
(RRH)
Rapid
Rehousing
See #12.
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
8 Permanent
Supportive
Housing
(PSH)
By-Name List Develop robust by-name list By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
9 (PSH) Build New
Housing
Support new development
(e.g., St. Joseph / tiny homes)
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
10 (PSH) Convert
Existing
Properties
Explore options to convert
properties (e.g., Homekey)
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
11 (PSH) Convert
Existing
Properties
Explore options to obtain
rooms at Gold Coin Motel
By consensus (Stafford opposed),
Council directed staff to move
forward with their recommended
action.
12 (PSH) Master-lease
with Landlords
Explore funding RRH / PSH
blended program
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
13 Other
Permanent
Housing
Room Rentals Continue supporting SHARE
program
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
14 Additional
Recommen
dations
Homelessness
Roundtable
Continue supporting
Roundtable and volunteers
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
15 Additional
Recommen
dations
Regional
Efforts
Continue engaging in regional
efforts
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
16 Additional
Recommen
dations
Sub-Regional
Efforts
Explore sub-regional efforts
with neighboring cities
By consensus (none opposed),
Council directed staff to move
forward with their recommended
action.
Su
p
Additional Staffing Add dedicated homeless
services staff person to City
By consensus (none opposed),
Council directed staff to move
City of Rohnert Park Special Meeting Minutes for City Council April 6, 2021
RPFA/CDC Successor Agency Page 4 of 4
forward with their recommended
action.
4. ADJOURNMENT
Mayor Giudice adjourned the special meeting at 5:26 p.m.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, City Clerk Gerard Giudice, Mayor
City of Rohnert Park City of Rohnert Park
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
and Special Foundation Board Meeting
Tuesday, April 13, 2021
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING AND FOUNDATION BOARD SPECIAL MEETING - CALL TO
ORDER/ROLL CALL
Mayor Giudice called the joint regular meeting to order at 5:01 p.m., the notice for which being
legally noticed on April 8, 2021. 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:
Gerard Giudice, Mayor
Jackie Elward, Vice Mayor
Susan H. Adams, Councilmember
Willy Linares, Councilmember
Pam Stafford, Councilmember
Absent: None.
Staff attending via Zoom Video Communications: City Manager Jenkins, Assistant City
Manager Schwartz, City Attorney Kenyon, Director of Public Works and Community Services
McArthur , Development Services Director Pawson, Finance Director Bali, Director of Public
Safety Mattos, Human Resources Director Perrault, Deputy Director of Community Services
Bagley, Deputy City Engineer Garrett, Fire Marshal Thompson, Housing Administrator Garcia,
Senior Code Compliance Officer Kirk, Senior Analyst L. Tacata, Management Analyst Beran,
Deputy City Clerk Machado and City Clerk Lopez Cuevas.
Staff Present: Information Systems (IS) Operations Manager Rowley.
2.PLEDGE OF ALLEGIANCE
Led by Mayor Giudice.
3.PRESENTATIONS
Mayor Giudice read a statement and indicated that as a husband, father, elected official and
community member, he stands in solidarity with all victims of sexual violence and honors the
courage of those who have come forward.
Item 6.B.2.
Foundation Board Special Meeting and City of Rohnert Park Joint Regular April 13, 2021
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 2 of 6
A. Mayor’s Proclamation: Recognizing April as Sexual Assault Awareness Month
Mayor Giudice read the proclamation and presented it to Jessica Stillman of Verity.
B. Mayor’s Proclamation: Proclaiming April as National Fair Housing Month
Mayor Giudice read the proclamation and presented it to Adriana Ames of Fair Housing
Advocate.
4. SSU SUDENT REPORT
Emily Ann Miller, Vice President of External Affairs and Yeymi Perez, Communit y Affairs
Senator, Sonoma State University Associated Students, Inc. (SSU ASI) provided the report and
stated that Associated Students had their election last month and all positions for 2021-2022
are filled, virtual forums to speak about re-population at SSU this fall continue, they have also
had Q&A’s with pop stars and a drag bingo event. They participated in the California Higher
Education Student Summit to speak about legislation affecting SSU students and social justice
week. They advocated with Dr. Sakaki on issues related to the California State Budget. The
students continue to work to assist those with food insecurities and senior citizens during the
pandemic.
5. DEPARTMENT HEAD BRIEFING
None.
6. PUBLIC COMMENTS
Deputy City Clerk Machado read a comment submitted by April Garcia who spoke about in-
person council meetings.
7. CONSENT CALENDAR
7.A. Acceptance of Reports from Finance Department:
1. City Bills/Demands for Payment dated March 13, 2021 through April 12, 2021
2. Successor Agency to the CDC Bills/Demands for Payment dated March 2, 2021 to
March 18, 2021
3. City Council Quarterly Expense Report (January, February and March 2021)
7.B. Approval of Minutes for:
1. City Council/RPFA/Successor Agency Joint Regular Meeting, March 23, 2021
2. City Council/RPFA/Successor Agency Joint Special Meeting, April 5, 2021
7.C. Adopt Resolution 2021-037 Authorizing an Agreement for Routine Maintenance and
Energy Cost Sharing for Certain Traffic Signals with Sonoma County and Related
Actions
ACTION: Moved/seconded (Stafford/Linares) to approve the consent calendar
Motion carried by the following 5-0-0 unanimous roll call vote: AYES:
Adams, Linares, Stafford, Elward and Giudice NOES: None,
ABSTAINS: None, ABSENT: None.
Foundation Board Special Meeting and City of Rohnert Park Joint Regular April 13, 2021
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 3 of 6
8. FOUNDATION BOARD REGULAR ITEMS:
A. Consider and Provide Direction for a Replacement Funding Program for Non-Profit
Fireworks Booth Operators
Senior Analyst L. Tacata presented this item. Recommended Action(s): a) Direct staff to
create a one-year grant program that will give awards to local organizations that perform
Foundation-approved projects if fireworks sales are prohibited in 2021; b) Restrict the
eligibility of applicants to the 17 local organizations that are most affected by the loss in
revenue due to the prohibition of fireworks sales for the 2021/22 Fiscal Year; c) Set the value
of total awards to be the “Replacement of Average Annual Revenue from 2015-2020” or scale
the value of the giving program to a different total; d) Set the grant awards in proportion to the
average 2015-2020 fireworks sales experience of the 17 eligible organizations; e) each eligible
applicant must demonstrate non-profit status in good standing and the operation of a primary
meeting place in the City of Rohnert Park.
PUBLIC COMMENTS: Deputy City Clerk Machado read a comment submitted by Julie
Royes and April Garcia who spoke about this item.
ACTION: Moved/seconded (Linares/Elward) to direct staff to create a 5-year grant
program as follows: Year one (2021), the seventeen (17) permit holders
will receive the 2020 year sales amount. For years two to five, the
Foundation will increase the grant program award amount for service
projects that also would open up to all non-profits to make it more
equit able (the increase of the award amount is to be determined at a later
date). This would be contingent upon receiving Casino funds.
Motion carried by the following 3-2-0 roll call vote: AYES: Linares,
Elward, and Giudice, NOES: Adams and Stafford, ABSTAINS:
None, ABSENT: None.
9. REGULAR ITEMS:
A. Introduce by title only and waive first reading of Ordinance No. 954, an
Ordinance of the City Council of the City of Rohnert Park Repealing and Replacing
Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of
Fireworks
City Manager Jenkins presented this item. Director of Public Safety Mattos was present
answering questions of the Council. Recommended Action(s): 1) Amend the Municipal Code
to prohibit the sales and use of fireworks in the City. Sales and use of fireworks would only be
allowed whe n the Municipal Code is amended; 2) Prohibit the sales and use of fireworks in the
City for one year. Permitted sales and use of fireworks would be reinstated for the 2022
Independence Day season, with considerations to provisions that may be necessary to comply
with any applicable health orders; and 3) No change. Permitted fireworks sales and use will
continue.
PUBLIC COMMENTS:
Deputy City Clerk Machado read comments received in support of banning the sales and use of
fireworks in the City submitted by: Chris Meyer, Lisa Turner, Julie Royes, Diane Borr, Jaime
Foundation Board Special Meeting and City of Rohnert Park Joint Regular April 13, 2021
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 4 of 6
and Bonnie Black, Connie Bartlett, Karen Cappa, Catherine O’Connell, Julie Jehly, Monica
Savon, Chris Borr Mike Stricker, Richard and Suzanne Sanders
Deputy City Clerk Machado read comments received in support of allowing the sales and use
of fireworks in the City submitted by: Bailey Nelson, Erin Ballard, Gen, Genn Sutliff, Daryle
Guinn, Scott Niklewicz, Nicole Niklewicz, Shannon Potter, Fionna Laird, Gabriella Greco,
Judy Deniz, Ed Chasco, Genn Sutliff, Resident, Gerry, Jeff Bedoya and Yara Padilla.
ACTION: Moved/seconded (Adams/Stafford) to move forward with option 3 “No
change. Permitted fireworks sales and use will continue.”
Motion failed by the following 2-3-0 roll call vote: AYES: Adams and
Stafford, NOES: Linares, Elward, and Giudice, ABSTAINS: None,
ABSENT: None.
ACTION: Moved/seconded (Linares/Elward) to introduce and waive first reading of
Ordinance 954, an Ordinance of the City Council of the City of Rohnert
Park, California, Repealing and Replacing Chapter 9.49 of the Rohnert
Park Municipal Code to Prohibit the Sale and Use of Fireworks. Title
Read by Mayor Giudice.
Motion carried by the following 3-2-0 roll call vote: AYES: Linares,
Elward, and Giudice, NOES: Adams and Stafford, ABSTAINS: None,
ABSENT: None.
Mayor Giudice declared a recess at 7:09 p.m. and reconvened the meeting at 7:14 p.m.
B. Receive Overview of Redistricting Process; and Discuss and Provide Direction
Regarding Retention of Demographer, Michael Wagaman of Wagaman Strategies and
Community Outreach Consultant, Tripepi Smith for Services Relating to Redistricting
City Clerk Lopez Cuevas presented this item. Also presenting were Michael Wagaman of
Wagaman Strategies and Ryder T. Smith from Tripepi Smith. Recommended Action(s):
Receive a report providing an overview of the redistricting process following the release of the
2020 Census results and provide direction to staff regarding retention of demographer Michael
Wagaman of Wagaman Strategies and community outreach consultant, Tripepi Smith, for
services relating to redistricting.
PUBLIC COMMENTS: Deputy City Clerk Machado read comments submitted by Chris
Meyer, Diane Borr and Chris Borr who spoke about this item.
ACTION: By consensus (none opposed), Council directed staff to move forward
with their recommended action and retain the services of demographer
Michael Wagaman of Wagaman Strategies and community outreach
consultant, Tripepi Smith, for services relating to redistricting.
Foundation Board Special Meeting and City of Rohnert Park Joint Regular April 13, 2021
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 5 of 6
C. Discussion and Direction on the Southwest-Commerce Roundabout Landscaping
(CIP Project 2017-07)
Deputy City Engineer Garrett presented this item. Peter Trio, WRT Design Architect was also
present. Recommended Action(s): Using a combination of the California Cultural and Oak
Valley concept in a layout as shown on Attachment 2 of the staff report and utilizing the valley
oak tree as the street tree for the roundabout and a combination of decomposed granite,
boulders, and shrubs from the both concepts.
PUBLIC COMMENTS: None.
ACTION: By consensus (none opposed), Council directed staff to move forward
with their recommended action to use a concept combination.
10. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committees:
B. Liaison Reports:
1. Golf Course Oversight Committee Special Meeting (3/30)
Councilmember Linares reported on the meeting.
C. Outside Agency Appointments:
1. Sonoma Clean Power Authority Board of Directors Meeting (4/1)
Vice Mayor Elward reported on the meeting.
2. Health Action Council Meeting (4/2)
Councilmember Linares reported on the meeting.
3. Mayors’ and Councilmembers’ City Selection Committee, Board & General
Membership (4/8)
Mayor Giudice reported this meeting was cancelled.
4. Sonoma County Transportation Authority/Regional Climate Protection Authority
(SCTA/RCPA) Board of Directors Meeting (4/12)
Mayor Giudice reported he was not able to attend this meeting but he will be reviewing
agenda materials and will report at a next meeting.
5. Redwood Empire Municipal Insurance Fund (REMIF) Board of Directors Special
Meeting (3/25)
City Manager Jenkins reported on this item.
6. Water Advisory Committee (WAC) and Technical Advisory Committee to Sonoma
Water Joint Special Meetings (4/5)
Director of Development Services Pawson and Councilmember Linares reported on this
item.
7. Santa Rosa Plain Groundwater Sustainability Agency Board of Directors Meeting (4/8)
Councilmember Stafford reported on this meeting.
8. Zero Waste Sonoma Board of Directors Special Meeting (3/30)
Councilmember Stafford reported on the meeting.
D. Other Reports:
None.
Foundation Board Special Meeting and City of Rohnert Park Joint Regular April 13, 2021
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 6 of 6
11. COMMUNICATIONS
None.
12. MATTERS FROM/FOR COUNCIL
At the request of Councilmember Adams, City Manager Jenkins will add an item to this
section of the agenda at the next regular meeting for Council to discuss adding a future agenda
item about “public relations campaign to educate the public on illegal fireworks.”
13. PUBLIC COMMENT
None.
14. ADJOURNMENT
Mayor Giudice adjourned the joint regular meeting at 8:33 p.m.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, City Clerk Gerard Giudice, Mayor
City of Rohnert Park City of Rohnert Park
ITEM NO. ___6.C._______
1
Meeting Date: April 27, 2021
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 Approving Salary Ranges and Job Descriptions for the
Development Engineering Manager/Building Official and Senior Building
Inspector in the Development Services Department
RECOMMENDED ACTION: Adopt a Resolution Approving Salary Ranges and Job
Descriptions for the Development Engineering Manager/Building Official and Senior Building
Inspector in the Development Services Department
BACKGROUND: On March 23, 2021 City Council approved changes to the job description for
the Director of Public Works and a reorganization that includes moving the capital projects team
from the Development Services Department to the Public Works Department. This change
reduces the engineering and project management capacity in Development Services. While the
Deputy City Engineer, who will be moving to Public Works, has primary responsibility for the
Capital Improvement Program, the position also supervises and provides direction to engineering
staff, including an Engineering Technician and Public Works Inspector, working on
encroachment permits and new development permitting. With the approved transfer of the
Deputy City Engineer, staff has reviewed the needs of the Development Services Department
and is proposing to upgrade the current Chief Building Official and Building Inspector II
positions in order to provide the required level of service to applicants in the absence of the
Deputy City Engineer position.
ANALYSIS: For the past three years, the Development Services Department has functioned
with a management team that includes the Planning Manager, the Deputy City Engineer (who
has oversight of the City’s Capital Improvement Program) and the Chief Building Official. The
Director of Development Services also holds the title of City Engineer and is a working
department head who performs the statutory duties of City Engineer under the Subdivision Map
Act and the Municipal Code.
Staff is proposing to upgrade the current Chief Building Official position to Development
Engineering Manager/Building Official and include oversight of both the building and
engineering permitting functions within the scope of the position. Historically, the Chief
Building Official has performed the statutory duties of the Chief Building Official and managed
the majority of the internal processes that support the permitting of active construction work. The
proposed change will bring the day-to-day engineering permitting processes, as well as building
permit processes, under the direction of the Development Engineering Manager/Building
Official and ensure appropriate oversight and direction for staff. The proposed change will
introduce more efficiency in the permitting of large site development projects because the
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. ___6.C._______
2
Development Engineering Manager/Building Official will bring a more holistic view of the
projects’ permitting requirements, compared to the current structure where the Chief Building
Official’s role is more focused on vertical construction. The City’s Chief Building Official
position is currently vacant and one recruitment effort has been unsuccessful. Staff believes that
the increased authority and compensation associated with the proposed position will help with
recruitment.
Because the Development Engineering Manager/Building Official will have a broader scope of
responsibility, staff is also proposing to add a Senior Building Inspector to the Department.
Human Resources advised Rohnert Park Employees’ Association (RPEA) of the proposed
Senior Building Inspector position by providing the draft job description for review. RPEA
had no objection to the job description. The Senior Building Inspector will assume the day-to-
day scheduling of building inspection activities, review and resolve difficult and complex
inspection and plan review issues and conflicts and provide technical direction to staff and
consultant resources. Because of the current vacancy at the Chief Building Official level, the
City’s Building Inspector II has been working with the Director of Development Services to
perform this work.
Compensation Review: Development Engineering Manager/Building Official: In order to
establish a salary rate and range for the Development Engineering Manager/Building Official,
staff revisited the comparable agencies used for the City’s recently approved class and
compensation study. Based on this review, staff recommends placing the position in the existing
salary range 62M ($9,560.98 - $11,621.40 monthly). This salary range is on par with the
Planning Manager, which is a peer level position in the Department’s structure. This will also
result in a compensation structure for the Development Engineering Manager/Building Official
that matches the median of salaries for similar positions as illustrated in the table below.
Comparable agency Position Title Top Step/Month
City of San Pablo Chief Building Official - Plan
Checker $13,749
City of Pleasant Hill Chief Building Official $13,265
City of Santa Rosa Chief Building Official $12,609
City of San Bruno Chief Building Official $12,314
City of Martinez Chief Building Inspector $11,937
City of Rohnert Park Development Engineering Manager
(proposed) $11,621
City of Novato Chief Building Official $11,169
County of Sonoma Deputy Director
Engineering/Construction $11,130
City of Benicia Building Official $10,894
Town of Windsor Chief Building Official $10,772
City of Petaluma Chief Building Official $10,667
City of Cotati Building Official $10,099
City of Pacifica N/C
Compensation Review: Senior Building Inspector: Staff conducted a similar review of
comparable agencies in order to establish a rate and range for the Senior Building Inspector.
ITEM NO. ___6.C._______
3
Based on this review, staff recommends placing the position in the existing salary range 50RP
($7,109.06 - $8,641.19). This will result in a compensation structure for the Senior Building
Inspector that matches the median of salaries for similar positions as illustrated below.
Comparable agency Position Title Top Step/Month
City of Martinez Senior Building Inspector $9,273
City of Santa Rosa Senior Building Inspector $9,215
City of San Bruno Building Inspector II $9,071
City of San Pablo Senior Building Inspector $8,872
City of Rohnert Park Senior Building Inspector
(proposed) $8,641
City of Pleasant Hill Building/Construction Inspector $8,533
City of Petaluma Senior Building Inspector $8,479
Town of Windsor Senior Building Inspector $8,382
City of Novato Senior Building Inspector $8,049
County of Sonoma Senior Building Inspector $7,893
City of Benicia Building Inspector II $7,061
City of Cotati N/C
City of Pacifica N/C
STRATEGIC PLAN ALIGNMENT: Approving these position changes is consistent with
Strategic Plan Goal A-2 which focuses on workforce development and succession planning. It is
also consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None. The recommended action is necessary to support the
delivery of development related services.
FISCAL IMPACT/FUNDING SOURCE: The proposed revisions to Development Services
organization will increase salaries in Development Services by $16,472.79 as illustrated in the
table below. Some of the cost increase will be offset by reduced consultant costs, because the
Department is currently relying on a consultant to provide Building Official Services. Costs for
building division services are generally covered by permit fees and charges to developers
through agreements.
Description Range Top
Step/Month
Top Step/Year Top Step/Year
with Benefits
Remove Chief Building Official 60M $(11,061.43) $ (132,737.13) $ (184,920.13)
Add Development Engineering
Manager/Building Official
62M $ 11,621.40 $ 139,456.85 $ 192,071.85
Subtotal Change $ 559.97 $ 6,719.72 $ 7,151.72
Remove Building Inspector II 46RP $ 7,828.43) $ (93,941.15) $ (124,354.15)
Add Senior Building Inspector 50RP $ 8,641.19 $ 103,694.22 $ 147,327.22
Subtotal Change $ 812.76 $ 9,753.07 $ 22,973.07
Total Change $ 1,372.73 $ 16,472.79 $ 30,124.79
ITEM NO. ___6.C._______
4
Department Head Approval Date: 03/26/2021
Human Resources Director Approval Date: 04/01/2021
City Attorney Approval Date: N/A
City Manager Approval Date: 04/15/2021
Attachments (list in packet assembly order):
1. Resolution Approving Salary Ranges and Job Descriptions for the Development
Engineering Manager/Building Official and Senior Building Inspector in the
Development Services Department
2. Exhibit A – Job Description for Development Engineering Manager/Building
Official
3. Exhibit B – Job Description for Senior Building Inspector
1
RESOLUTION NO. 2021-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING SALARY RANGES AND JOB DESCRIPTIONS FOR THE
DEVELOPMENT ENGINEERING MANAGER/BUILDING OFFICIAL AND SENIOR
BUILDING INSPECTOR
WHEREAS, the City Council has approved a reorganization that includes moving the
capital projects team from the Development Services Department to the Public Works
Department; and
WHEREAS, the Deputy City Engineer, who will be moving to Public Works, currently
supervises and provides direction to engineering permitting staff who will remain in the
Development Services Department; and
WHEREAS, staff has reviewed the needs of the Development Services Department
and is proposing to upgrade the current Chief Building Official to Development Engineering
Manager/Building Official and the current Building Inspector II to Senior Building Inspector in
order to provide the required level of service to applicants in the absence of the Deputy City
Engineer position; and
WHEREAS, staff has reviewed classification and compensation structures in
comparable public agencies and determined that the Development Engineering
Manager/Building Official position requires knowledge, aptitude and training consistent with
Management Unit Range 62M and the Senior Building Inspector requires knowledge, aptitude
and training consistent with Rohnert Park Employees’ Association Range 50RP; and
WHEREAS, the Fiscal Year 2020-21 and 2021-22 staffing plan and operational
budgets for the Development Services Department can support this organization and salary
structure based on a combination of anticipated permit revenue and reduced consultant
services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby approve the salary range and job description for the
Development Engineering Manager/Building Official, which is attached hereto as Exhibit “A”
and incorporated by this reference.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that
it does hereby approve the salary range and job description for the Senior Building Inspector,
which is attached hereto as Exhibit “B” and incorporated by this reference
DULY AND REGULARLY ADOPTED this 27th day of April, 2021.
CITY OF ROHNERT PARK
____________________________________
Gerard Giudice, Mayor
Resolution 2021-038
2
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachments:
Exhibit A – Development Engineering Manager/Building Official Job Description
Exhibit B – Senior Building Inspector Job Description
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
EXHIBIT A
DEVELOPMENT ENGINEERING MANAGER/BUILDING OFFICIAL
Salary Range 64M - $114,731.70 - $139,456.85
DEFINITION
Plans, supervises, coordinates, and performs activities related to development engineering including site
work, building inspection and enforcement of the Municipal Code, including the adopted Building Code.
Reviews, issues, processes, and approves permits issued by the engineering and building divisions. As the
Building Official, is the designated authority charged with the administration and enforcement of the
California Building Standards Code.
SUPERVISION RECEIVED AND EXERCISED
Administrative direction is provided by the Director of Development Services. The Development
Engineering Manager/Building Official provides supervision of the Building and Public Works
Inspectors, Engineering Technicians, Community Development Assistants, Office Assistants, Code
Compliance Officers, assigned to the Development Engineering Division, as well as managing
consultants who perform work related to the review, approval and inspection of private development
work.
CLASS CHARACTERISTICS
The Development Engineering Manager/Building Official is a division manager within Development
Services and responsible for managing activities related building and engineering approvals for new
development and redevelopment, including review and approval engineering and building plans and
permits, building and site work inspection and enforcement. The Development Engineering
Manager/Building Official manages subordinate staff and consultants and designs and implements
programs and systems in conformance with general policy guidelines, standards, appropriate laws, codes
and regulations.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different
positions and to make reasonable accommodations so that qualified employees can perform the essential
functions of the job.
Provides complex, technical guidance to staff and external organizations, agencies and businesses
related to site development and building construction.
Explains and interprets applicable codes and ordinances for contractors and the general public.
Facilitates the resolution of development related problems by identifying the issues of concern and
working collaboratively with all stakeholders.
Represents the City in meetings with representatives of governmental agencies, architects, engineers,
contractors, property and business owners and the public.
Handles difficult inquiries, complaints, and code enforcement issues and makes final determinations in
situations requiring a Building Official's opinion.
Reviews building and site construction plans for adequate design and compliance with the City’s
development conditions and Municipal Code.
Calculates appropriate permit and development fees; approves plans and issues permits.
Development Engineering Manager/Building Official
Page 2 of 4
Performs and supervises field inspections of all types of site development and building construction;
assures that construction conforms to approved plans and specifications.
Conducts studies, prepares reports of findings, including recommendations and prepares updated codes
for adoption.
Makes oral and written reports to Commissions and City Council.
Plans, organizes, assigns and coordinates field and office work related to new development and
redevelopment including coordination with other City departments, outside agencies and consultants.
Supervises, trains, mentors, develops and evaluates the performance of assigned staff.
Assists in the development and implementation of goals, objectives, policies, procedures, work
standards, checklists and budgets.
May be called out any time of the day or night to determine safety of structures following emergencies
and natural disasters.
Performs related duties as assigned.
In performing the duties described above, the incumbent is expected to:
• Provide outstanding and friendly customer service.
• Create and maintain a respectful and collaborative working environment.
• Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible.
• Demonstrates care for the organization, customers, and coworkers.
• Performs work of the highest quality possible.
• Practice and encourage initiative and innovation to improve the workplace.
QUALIFICATIONS
Knowledge of:
Federal, State, County, and City codes and ordinances relating to site development, plan review and
building construction and structural requirements including low impact development and water
efficient landscape requirements.
Methods, materials and techniques used in the design and construction of a variety of site
development and building projects.
Procedures and legal processing of administrative hearings; subdivision improvement
agreements; bonding securities; and insurance.
Acceptable health, safety, and fire standards in building construction.
Principles and techniques of building inspection, code enforcement and plan checking.
Principles and practices of supervision, training and customer service.
Ability to:
Assign, direct, plan coordinate and evaluate the work of technical staff and consultants.
Establish goals and objectives and meet firm deadlines.
Interpret and explain provisions of applicable standards, ordinances, codes and conditions enforced by
the City.
Handle difficult complaints and inquiries utilizing a collaborative, consensus-building, flexible and
inclusive team approach.
Apply technical knowledge analyze conflicting information and develop solutions to problems.
Use sound inspection methods to explain workmanship and materials, and to detect deviations from
plans, specifications, and standard installation practices.
Read and interpret plans, diagrams, and specifications in order to check for proper design, code, and
ordinance compliance.
Make complex arithmetic calculations quickly and accurately.
Write clear and concise reports and prepare and deliver presentations.
Development Engineering Manager/Building Official
Page 3 of 4
Learn and apply new technology.
Establish and maintain cooperative working relationships, and provide excellent customer service.
Comprehend and draw inferences from codes, policies, and technical literature.
Conduct meetings using effective communication skills.
Exercise individual and innovative judgment and make timely and difficult decisions.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities
is qualifying. A typical way to obtain the required qualifications would be:
Equivalent to a Bachelor's Degree in a related field and five years of work experience in a combination of
building inspection, code enforcement, and plan checking of varied residential, commercial and industrial
facilities, including two years in a lead or supervisory capacity.
Licenses and Certifications:
Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
Within one year of appointment, the incumbent shall obtain a Building Official certification by the
International Code Council (ICC) or its successor agency and undergo the necessary requirements to
maintain this certification throughout employment.
PHYSICAL DEMANDS
The work is performed both indoors in an engineering office environment and in the field at a variety of
types of construction sites, including rough terrain, existing street areas and structures under construction.
The position requires sitting, standing, walking on level, rough, and slippery surfaces; reaching, twisting,
turning, kneeling, bending, stooping, squatting, crawling, grasping and making repetitive hand
movements in the performance of daily duties.
Must possess mobility to work in a standard office setting and use standard office equipment, including a
computer; to operate a motor vehicle and to visit various construction, City, and meeting sites; vision to
read printed materials and a computer screen; and hearing and speech to communicate in person, before
groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a
computer keyboard or calculator and to operate standard office equipment. Positions in this classification
occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file
information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing
up to 25 pounds.
The position also requires dexterity in climbing up to roofs, walking on roofs, and crawling under
structures, along with the necessity of near and far vision, when comparing onsite construction
conformance to approved plans.
ENVIRONMENTAL ELEMENTS
Employees primarily work in an office environment with moderate noise levels, controlled temperature
conditions, and no direct exposure to potentially hazardous physical substances. Employees partially
work in the field and may be exposed to hot and cold temperatures, inclement weather conditions, loud
noise levels, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and
hazardous physical substances and fumes. Employees may interact with upset staff and/or public and
private representatives in interpreting and enforcing departmental policies and procedures and City codes.
Development Engineering Manager/Building Official
Page 4 of 4
Individuals in this position work in all weather conditions including wet, hot, and cold. The nature of the
work may require climbing unusual heights on ladders, being around power, noise, and vibrating tools
and being around moving vehicles and heavy equipment which subjects the employee to mechanical,
electrical, and traffic hazards.
FLSA Status: Exempt
Employee Unit: Management
Approved By:
Date Approved:
EXHIBIT B
SENIOR BUILDING INSPECTOR
Salary Range 50RP - $85,308.72 - $103,694.22
DEFINITION
Under general direction, plans, organizes, assigns, supervises and coordinates the construction
inspection activities of the Building division; reviews and resolves difficult and complex inspection
and plan review issues and conflicts; provides technical staff assistance and direction; and performs
related duties, as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Development Engineering Manager/Building Official.
Responsibilities may include direct and general supervision of technical, professional and clerical staff,
including consultants, assigned to construction inspection and indirect supervision or coordination of
other City staff who participate in construction inspection, plan review, intake counter, and code
compliance.
CLASS CHARACTERISTICS
This is the full supervisory-level class in the Building Inspector series. Incumbents are responsible
for supervising and performing construction inspection and plan review in the Building division
of the Department of Development Services. The Senior Building Inspector is also responsible for
attempting to resolve difficult inspection and plan review issues before they reach the management
level; and for developing and maintaining an effective, customer service oriented team.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different
positions and to make reasonable accommodations so that qualified employees can perform the essential
functions of the job.
Coordinates, assigns, and performs inspection and plan review of residential, commercial and
industrial construction to ensure compliance with all pertinent codes, ordinances, rules and
regulations.
Confers with legal, fire, public works, and other City staff regarding building, fire, life safety, zoning,
and other code interpretations and applications.
Performs non-structural plan checking for completeness, accuracy, and code compliance for new
construction, alterations, or remodeling of existing structures; ensures compliance with applicable
codes and accepted engineering practices.
Reviews energy calculations to ensure compliance with State codes.
Performs grading inspections with an emphasis on drainable systems, compaction, subdrainage, and
environmental protection.
Initiates minor field changes on contract projects not involving structural or architectural features.
Writes “stop work” notices for work being done without permits or in an unsafe manner.
Reviews plans and applications for building permits; issues building permits; makes final inspections
and issues certificates of occupancy.
Investigates complaints regarding existing buildings or new construction to determine if code violations
or problem conditions exist.
Reviews damaged buildings for safe occupancy after fires or other disasters and occurrences.
Senior Building Inspector
Page 2 of 4
Consults with the Development Engineering Manager/Building Official and City legal staff regarding
legal aspects of building inspection and other matters; attends code interpretation meetings.
Confers with and provides information to developers, engineers, architects, property owners,
contractors, and others regarding code requirements and alternatives; attends pre-construction
meetings; resolves complaints and problems.
Conducts follow-up inspections to ensure compliance; establishes and maintains accurate and complete
case files; prepares documents and evidence for court proceedings and testifies in hearings and court
proceedings, as necessary.
Provides needed information and demonstrations concerning how to perform certain work tasks to new
employees in the same or similar class of positions.
Provides technical information regarding codes and compliance methods and review and
resolves difficult and complex inspection and plan review issues and conflicts independently
and with other City staff, contractors, developers, architects, engineers, and the public.
Performs field inspections on special and complex code enforcement assignments.
Investigates and responds to a variety of inquiries, complaints and requests for service.
Evaluates processes and procedures and recommends and implements related service
improvements.
Reviews completed building permits and plans to ensure that proper procedures have been
carried out and ensures permit issuance and inspections are completed in a timely and
professional manner.
Supports the maintenance of permit issued files and processing of expired permits.
Compiles and maintains statistics on inspection and permit status.
Participates in the development of systems, procedures, handouts, and other aids necessary to
maintain and improve customer service.
Represents the Division and Department at various boards, commissions and professional
groups.
Prepares and submits a variety of reports, memos and correspondence on permit issuance,
permit expiration, and inspection-related matters.
Performs other related duties as assigned.
In performing the duties described above, the incumbent is expected to:
• Provide outstanding and friendly customer service.
• Create and maintain a respectful and collaborative working environment.
• Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible.
• Demonstrates care for the organization, customers, and coworkers.
• Performs work of the highest quality possible.
• Practice and encourage initiative and innovation to improve the workplace.
QUALIFICATIONS
Knowledge of:
Principles, practices, methods, materials, techniques, and safety standards of building construction,
building inspection, and structural design for commercial, industrial, and residential buildings.
Concepts and practices of non-structural plan review.
Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies
and procedures governing the construction of assigned projects.
Occupational hazards and standard safety practices necessary in the area of building inspection and
construction.
Safety equipment and practices related to the work, including safe driving rules and practices.
Mathematical principles including algebra, geometry, and trigonometry.
Senior Building Inspector
Page 3 of 4
Record keeping principles and procedures.
Principles of providing functional direction and training.
Techniques for providing a high level of customer service by effectively dealing with the public,
vendors, contractors, and City staff.
The structure and content of the English language, including the meaning and spelling of words, rules
of composition, and grammar.
Modern equipment and communication tools used for business functions and program, project, and task
coordination.
Computers and software programs to conduct, compile, and/or generate documentation.
Principles of effective supervision, training and customer service.
Ability to:
Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws,
regulations, policies and procedures, and departmental policies governing the construction and
inspection of buildings.
Review, understand, interpret, and analyze construction blueprints, plans, specifications, architect and
engineering drawings, and maps for conformance with City standards and policies.
Detect faulty materials and workmanship and determine the stage of construction during which defects
are most easily found and remedied.
Coordinate and deal with contractors, engineers, and property owners, as well as investigate building
code violations and respond to inquiries and complaints in a fair, tactful, and timely manner.
Prepare clear, effective, and accurate reports, correspondence, change orders, specifications, and other
written materials; maintain accurate and precise records.
Make accurate mathematic computations.
Understand and carry out oral and written instructions.
Make sound, independent decisions within established policy and procedural guidelines.
Effectively represent the department and the City in meetings with governmental agencies; community
groups; various business, professional, and regulatory organizations; and in meetings with individuals.
Learn and understand the organization and operation of the City and of outside agencies as necessary
to assume assigned responsibilities.
Effectively use computer systems, software applications, and modern business equipment to perform a
variety of work tasks.
Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and
syntax.
Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal
guidelines.
Establish, maintain, and foster positive and effective working relationships with those contacted in the
course of work.
Assign, direct, plan coordinate and evaluate the work of technical staff and consultants.
Assist subordinates with complex tasks or difficult situations.
Tactfully and effectively resolve conflicts and difficult situations while providing quality customer
service.
Function effectively as a team leader.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities
is qualifying. A typical way to obtain the required qualifications would be:
Equivalent to completion of the twelfth grade, supplemented by specialized training in building
inspection, supervision and public relations and sufficient years of increasingly responsible
experience in inspection and plan review, permit issuance or code enforcement of residential,
Senior Building Inspector
Page 4 of 4
commercial and industrial construction, with experience in coordinating and assigning work.
Licenses and Certifications:
Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
Possession of ICC certification, or equivalent, is required.
Possession of ICC certification, or equivalent, as a Commercial Combination Building Inspector is
required within one (1) year of appointment.
Possession of ICC certification, or equivalent, as a Plans Examiner is desirable.
Possession of a certificate as a Certified Access Specialist (CASp) issued by the Division of the State
Architect is desirable.
PHYSICAL DEMANDS
The work is performed both indoors in an engineering office environment and in the field at a variety of
types of construction sites, including rough terrain, existing street areas and structures under construction.
Must possess mobility to work in a standard office setting and use standard office equipment, including a
computer; to inspect various commercial and residential development sites, including traversing uneven
terrain, climbing ladders, stairs, and other temporary or construction access points; to attend meetings and
to operate a motor vehicle; vision to read printed materials and a computer screen, and make inspections;
color vision to identify materials, structures, wires, and pipes; and hearing and speech to communicate in
person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data
using a computer keyboard or calculator and to operate standard office equipment. Positions in this
classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and
file information. Employees must possess the ability to lift, carry, push, and pull materials and objects
weighing up to 25 pounds.
The position also requires dexterity in climbing up to roofs, walking on roofs, and crawling under structures,
along with the necessity of near and far vision, when comparing onsite construction conformance to
approved plans.
ENVIRONMENTAL ELEMENTS
Employees work partially in an office environment with moderate noise levels and controlled temperature
conditions, and partially in the field and are occasionally exposed to loud noise levels, cold and hot
temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals,
mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may
interact with upset staff and/or public and private representatives and contractors in interpreting and
enforcing departmental policies and procedures.
FLSA Status: Non-Exempt
Employee Unit: Rohnert Park Employees’ Association (RPEA)
Approved By:
Date Approved:
ITEM NO. 6.D.
Meeting Date: April 27, 2021
Department: Administration
Submitted By: Darrin Jenkins, City Manager & Victoria Perrault, Director of Human Resources
Prepared By: Sylvia Lopez Cuevas, City Clerk
Agenda Title: Adopt a Resolution Authorizing Participation in the California
Intergovernmental Risk Authority (CIRA) Effective 07/01/21, with regard to
the Workers’ Compensation Program and Authorizing Application to the
Director of Industrial Relations, State of California for a Certificate of
Consent to Self-Insure Workers' Compensation Liabilities
RECOMMENDED ACTIONS:
Adopt Resolution Authorizing Participation in the California Intergovernmental Risk Authority
(CIRA) Effective July 1, 2021 California Intergovernmental Risk Authority, with regard to the
Workers’ Compensation Program, and authorizing Application to the Director of Industrial
Relations, State of California for a Certificate of Consent to Self-Insure Workers' Compensation
Liabilities.
BACKGROUND:
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 pool. Pools are empowered to exist through the sections of the California
Government Code known as joint powers authority (JPA), which allow two or more like entities to
pool funds to pay for claims.
City of Rohnert Park participates in a pool named the Redwood Empire Municipal Insurance Fund
(REMIF). REMIF is merging with another pool named the Public Agency Risk Sharing Authority
(PARSAC) to become the California Intergovernmental Risk Authority (CIRA). CIRA, like
REMIF, will function as an extension of City of Rohnert Park and will be governed by a board of
directors comprised of members in the pool.
ANALYSIS:
On November 24, 2020, the City Council adopted 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).
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.D.
To continue participation in the workers’ compensation program, but move the program from
REMIF to CIRA, an application and approval from the California Department of Industrial
Relations (DIR), the Division of Workers’ Compensation is required. Further, the DIR requires
approval and authorization by the pool members to participate in the CIRA workers’ compensation
program, effective 7/1/2021.
With the merger, new claims with a date of loss on or after July 1, 2021 will fall under the
obligation of CIRA. Further, the attached resolution authorizes staff to execute any other
document(s), such as the application, that may be necessary or appropriate to enter into and
implement the agreement on behalf of the City. Lastly, the resolution consents the City of Rohnert
Park be governed and abide by the master program documents, the memoranda of coverage, and
other documents and policies that are adopted by CIRA.
STRATEGIC PLAN ALIGNMENT:
The recommended option is consistent with Strategic GOAL C: Ensure the effective delivery of
public services.
OPTIONS CONSIDERED:
1. Recommended option: Council is asked to adopt the attached resolution and further direct
staff to work with the CIRA on steps necessary to ensure participation in the workers’
compensation program and authorizing application to the Director of Industrial Relations,
State of California for a Certificate of Consent to Self-Insure Workers' Compensation
Liabilities.
2. No other actions were considered as REMIF is merging with the Public Agency Risk
Sharing Authority (PARSAC) to become the California Intergovernmental Risk Authority
(CIRA) and with the merger, new claims with a date of loss on or after July 1, 2021 will
fall under the obligation of CIRA.
FISCAL IMPACT/FUNDING SOURCE:
There is no fiscal impact associated with the adoption of this resolution.
Department Head Approval Date: 4/14/2021
City Manager Approval Date: 4/15/2021
Finance Director Approval Date: N/A
City Attorney Approval Date: N/A
Attachments:
1. Resolution 2021-039.
2. Application for Certificate of Consent to Self-Insure as a Public Agency Employer Self-
Insurer.
RESOLUTION NO. 2021-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING PARTICIPATION IN CALIFORNIA
INTERGOVERNMENTAL RISK AUTHORITY (CIRA)
EFFECTIVE JULY 1, 2021 AND AUTHORIZING APPLICATION
TO THE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF
CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF-INSURE
WORKERS' COMPENSATION LIABILITIES
WHEREAS, the CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY
(CIRA) provides risk-sharing, pooled workers’ compensation coverage as a certificated self-
insured under the master certificate 5017 with the office of self-insured plans; and
WHEREAS, the CITY has been a member of the REDWOOD EMPIRE MUNICIPAL
INSURANCE FUND (REMIF) as a certificated self-insured under the master certificate 5013
with the office of self-insured plans;
WHEREAS, the BOARD of REMIF has taken action to join CIRA effective 7/1/2021
for all workers’ compensation obligations that occur and/or are determined with a date of injury
7/1/2021 or after;
WHEREAS, the CITY of Rohnert Park has decided to approve the action of the BOARD
of REMIF and join CIRA as a member under master certificate 5017 effective July 1, 2021 for
all workers’ compensation obligations that occur and/or are determined with a date of injury
7/1/2021 or after;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The CITY hereby approves and authorizes participation in the CIRA workers’
compensation program
2. effective 7/1/2021 for all workers’ compensation obligations that occur and/or are
determined with a date of injury of July 1, 2021 or after.
3. The City Manager is also authorized to execute any other document(s) that may be
necessary or appropriate to enter into and implement the agreement on behalf of the
CITY.
4. The CITY consents to be governed and abide by the master program documents, the
memoranda of coverage, and other documents and policies as adopted by the
CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA) under master
certificate 5017.
BE IT FURTHER RESOLVED THAT City of Rohnert Park is authorized and
empowered to make application to the Director of Industrial Relations, State of California, for a
Certificate of Consent to Self-Insure workers' compensation liabilities and representatives of
Agency are authorized to execute any and all documents required for such application.
Resolution 2021-039
2
DULY AND REGULARLY ADOPTED this 27th day of April, 2021.
CITY OF ROHNERT PARK
__________________________________
Gerard Giudice, Mayor
ATTEST:
_____________________________
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
attach ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
___________________________________________________________________________________
Form: A-2 (1-2016) | Page 1
State of California
Department of Industrial Relations
Office of Self-Insurance Plans
11050 Olson Drive, Suite 230
Rancho Cordova,Ca. 95670
Phone (916) 464-7000
Fax (916) 464-7007
State of California
Department of Industrial Relations
OFFICE OF SELF-INSURANCE PLANS
APPLICATION FOR CERTIFICATE OF CONSENT
TO SELF-INSURE AS A PUBLIC AGENCY EMPLOYER SELF-INSURER
All questions must be answered. If not applicable, enter “N/A”.
To the Director of the Department of Industrial Relations: The public agency employer identified
below submits the following information to obtain a Certificate of Consent to Self-Insure the payment of
workers’ compensation under California Labor Code Section 3700.
LEGAL NAME OF APPLICANT (Show exactly as on Charter or other official documents):
Address: ___________________________________________________________________________
City: ___________________________________ State: __________ Zip + 4: __________ -_________
Federal Tax ID # of Group: ____________________
CONTACT - Who Should Correspondence Regarding This Applicant Be Addressed To:
Name: ________________________________________ Title: _______________________________
Company Name: ____________________________________________________________________
Address: ___________________________________________________________________________
City: ___________________________________ State: __________ Zip + 4: __________ -_________
Phone: _____________________________ E-Mail: _________________________________________
TYPE OF PUBLIC ENTITY (Check one):
City and/or County School District Police and/or Fire District Hospital District
Joint Powers Authority Other (describe): __________________________________________
TYPE OF APPLICATION (Check one):
New Application Reapplication (Merger/Unification) Reapplication (Name Change)
Other (describe): _________________________________________________________________
Date Self-Insurance Program will begin: ___________________________________________________
______________ ______CURRENT WORKERS’ COMPENSATION PROGRAM__________ ___ ______
Currently Insured with State Fund Policy #
Expiration Date:
Currently Self Insured, Certificate # ____________________
Other (describe): _________________________________________________________________
______________ _____CLAIMS ADMINISTRATION __________ ___ ______
Who will be administering your agency’s workers’ compensation claims? (Check one)
JPA will administer
Third Party Administrator, TPA Certificate # _________________
Public entity will self-administer nsurance Carrier will administer
Name of Third Party Administrator:
Name: _____________________________________ Title: _
Company Name: _________________________________________________________________
Address: ________________________________________________________________________
City: State: _ Zip + 4: _
Phone: _ E-Mail:
# of claims reporting locations to be used to handle Agency’s claims: ___
Does applicant currently have a California Certificate of Consent to Self-Insure? Yes No
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________
Form: A-2 (1-2016) | Page 2
_______________________________
I
______________________________
________________________________ _________ _________ -_________
__________________________________________________________________
_____
If yes, what is the current Certificate Number: ___________
Total Number of Affiliate’s California employees to be covered by Group: _____________________
______________ _____AGENCY EMPLOYER __________ ___ ______
Current # of Agency Employees: _________ # of Public Safety Employees (police//fire): _________
If school District, # of certificated employees: _________
Will all Agency employees be covered by this self-insurance plan? Yes No
If ‘No’, explain who is not covered and how workers’ compensation coverage will be provided to the
excluded employees:
______________ _____JOINT POWERS AUTHORITY __________ ___ ______
Will applicant be a member of a JPA for workers’ compensation ?
Yes No (If ‘yes’, complete the following)
Effective date of JPA Membership: JPA Certificate # _
Name of JPA: ________________________________________________________________________
______________ _ _____AGENCY SAFETY PROGRAM __________ ___ ______
Does the Agency have a written Injury and Illness Prevention Program (IIPP)? Yes No
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Form: A-2 (1-2016) | Page 3
____________________ ____________________
Individual responsible for Agency workplace safety and IIPP program:
Name: _____________________________________ Title: _______________________________
Company Name: _________________________________________________________________
Address: ________________________________________________________________________
City: ________________________________ State: __________ Zip + 4: __________ -_________
Phone: _____________________________ E-Mail: ______________________________________
______________ _ _____SUPPLEMENTAL COVERAGE __________ ___ ______
1.) Will your program be supplemented by any insurance or pooled coverage under a STANDARD
workers’ compensation insurance policy? Yes No If ‘Yes’, complete the following): (
Name of Excess Pool/Carrier: ___________________________________________________________
Policy #: _________________________ Effective Date of Coverage: ____________________________
2.) Will your program be supplemented by any insurance or pooled coverage under a SPECIFIC
EXCESS workers’ compensation insurance policy? Yes No (If ‘Yes’, complete the following):
Name of Excess Pool/Carrier: ___________________________________________________________
Policy #: _________________________ Effective Date of Coverage: ____________________________
Retention Limits: _____________________________________________________________________
3.) Will your program be supplemented by any insurance or pooled coverage under an AGGREGATE
EXCESS (stop loss) specific excess workers’ compensation insurance policy?
(If ‘Yes’, complete the following):
Yes No
Name of Excess Pool/Carrier: ___________________________________________________________
Policy #: _________________________ Effective Date of Coverage: ____________________________
Retention Limits: _____________________________________________________________________
______________ ____RESOLUTION FROM GOVERNING BOARD ________ ___ ______
Attach a properly executed Governing Board Resolution. See attached sample resolution on page 5.
______________ _ ___ __CERTIFICATION __________ ___ ______
The undersigned on behalf of the applicant hereby applies for a Certificate of
Consent to Self-Insure the payment of workers' compensation liabilities pursuant
to Labor Code Section 3700. The above information is submitted for the purpose
of procuring said Certificate from the Director of Industrial Relations, State of
California. If the Certificate is issued, the applicant agrees to comply with
applicable California statutes and regulations pertaining to the payment of
compensation that may become due to the applicant's employees covered by the
Certificate.
DATE:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
______________________________________________
______________________________________________
______________________________________________
Form: A-2 (1-2016) | Page 4
X_____________________________________________ __________________________________
SIGNED: Authorized Official / Representative
Printed Name
Title
Agency Name
RESOLUTION NO.: _____ DATED: __________________________ _____
A RESOLUTION AUTHORIZING APPLICATION
TO THE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA
FOR A CERTIFICATE OF CONSENT TO SELF-INSURE
WORKERS' COMPENSATION LIABILITIES
At a meeting of the _____________________________________________________
(Enter Name of the Board)
of the ________________________________________________________________
(Enter Name of Public Agency, District, Etc.)
a ___ organized and existing under the
(Enter Type of Agency, i.e., County, City, School District, etc.)
laws of the State of California, held on the day of _ 20
the following resolution was adopted:
RESOLVED, that the above named public agency is authorized and empowered to
make application to the Director of Industrial Relations, State of California, for a
Certificate of Consent to Self-Insure workers' compensation liabilities and
representatives of Agency are authorized to execute any and all documents
required for such application.
IN WITNESS WHEREOF: I HAVE SIGNED AND AFFIXED THE AGENCY SEAL.
DATE: _
______________________________________________
______________________________________________
______________________________________________
Form: A-2 (1-2016) | Page 5
___________________________________
_______ _____________, ___,
X_____________________________________________ _________________________________
SIGNED: Board Secretary or Chair
Printed Name
Title
Agency Name
Affix Seal Here
ITEM NO. ___6.E.______
1
Meeting Date: April 27, 2021
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Vanessa Marin Garrett, Deputy City Engineer
Agenda Title: Adopt a Resolution Approving Amendment 1 to the Maintenance
Agreement with DC Electric Group Inc and Related Actions (CEQA:
Exempt under CEQA Guidelines Section 15301)
RECOMMENDED ACTION: Adopt a Resolution approving Amendment 1 to the
Maintenance Agreement with DC Electric Group, Inc. and related actions.
BACKGROUND: The County of Sonoma, the cities of Cloverdale, Cotati, Healdsburg,
Petaluma, Rohnert Park and Sebastopol and the Town of Windsor, have historically worked
together to contract for traffic signal maintenance. This arrangement provides the County and
smaller cities with specialized technical services and the ability to coordinate traffic signal
operation across jurisdictional lines. Historically the County has procured a master contract and
the cities and town have used that procurement process as the basis for their contracts. In March
2020, the County solicited a request for proposals for traffic signal maintenance services, and DC
Electric was the selected contractor for County services. The City utilized the solicitation to also
select DC Electric as the most cost-effective and responsive contractor to assist with maintaining
the city’s traffic signals. On May 26, 2020, the City Council approved a maintenance contract
with DC Electric for maintenance, repair, and emergency response services for the City’s 46
traffic signals as well as the 11 lighted pedestrian crossings, as shown in Attachment 1. Since the
contract was implemented there have been more pedestrian crossings added to the city limits,
and the City’s maintenance and emergency repair needs have exceed estimates.
ANALYSIS: Over the past year, the amount of bulb replacement, traffic signal knockdown
replacement, and signal troubleshooting has been significant and appears to be a common
occurrence that should be planned for in future years. Some examples include a traffic cabinet
knockdown by a hit-and-run driver as well as significant repairs to the highway on-ramp and off-
ramp signals from deferred Caltrans maintenance from previous years. Also, there have been
approximately 30 LED bulbs that have needed replacement this year, which was unanticipated as
part of the preventative maintenance cost. The contract budgeted $44,000 for these non-routine,
non-maintenance costs. Based on expenditures to date, staff anticipates the need for additional
funds to complete the fiscal year. Finally, in the past year, the city has also accepted three more
rapid flashing beacon pedestrian crossings including two at City Center Drive and State Farm
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. ___6.E.______
2
Drive and one Copeland Creek and State Farm Drive, which has increased the amount of
maintenance needed city-wide. Staff recommends increasing the maintenance contract budgeted
amount for this fiscal year and the next two (2) years to include budget for LED traffic bulb
replacement, signal pole knockdown emergency response, and additional pedestrian rapid
flashing beacon maintenance costs. The recommended amendment amount would add $70,000,
to the contract and bring the total contract value to $220,000.
ENVIRONMENTAL ANALYSIS: Approval of the Maintenance Agreement Amendment
would be exempt under the California Environmental Quality Act, as the work contemplated
under the Maintenance Agreement would be exempt under CEQA Guidelines Section 15301.
The work consists of only minor alterations, repair, and maintaining operations to existing
infrastructure.
OPTIONS CONSIDERED:
1. Approve the proposed First Amendment with DC Electric. This option ensures that staff
can continue to utilize DC Electric for traffic signal needs through the end of the year.
2. Do not approve the proposed First Amendment with DC Electric and conduct another
request for proposals to finish out the fiscal year’s maintenance (not recommended).
Conducting a separate procurement process is unlikely to result in a different outcome or
better value for the City.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal C
(ensure effective delivery of public services) and Strategic Plan Goal D (continue to develop a
vibrant community). This action provides for the maintenance of public infrastructure that is
required in order to keep traffic signals operational throughout the city.
FISCAL IMPACT/FUNDING SOURCE: : There is no budgetary impact due to this
amendment. The budget for this contract amendment is covered through appropriations for
project 2019-28. This amendment will cover the remaining costs for maintenance and
replacement costs through the end of the year, as well as the following increases in scope:
• The preventative and routine maintenance expense line item for lighted pedestrian signals
will increase from eleven (11) to fourteen (14)
• Emergency and additional services will be billed on a time and materials basis in
accordance with the compensation for extra work provisions of the contract, and the cap
will be increased
Table 1 below shows the current amount allocated for repairs, replacement, and emergency
response allowance compared to the projects amounts:
Table 1
Item Amount Notes
Current Contract Amount For Only Maintenance
Checks $ 105,922.08 ~2,000 per signal per year
ITEM NO. ___6.E.______
3
Current Replacement, Repair, Emergency Response
Allowance $ 44,077.92 ~$830 per signal per year
Projected Replacement, Repair, Emergency
Response Costs For FY 20-21 $ (114,077.92) ~2,200 per signal per year
Requested Additional Amount $70,000.00
Total Amended Contract Amount $220,000.00
Department Head Approval Date: 04/12/2021
City Attorney Approval Date: 04/12/2021
Finance Director Approval Date: 04/13/2021
City Manager Approval Date: 04/13/2021
Attachments:
1. Signal and Infrastructure Location Map
2. Resolution Authorizing the City Manager to Execute a Maintenance Agreement
Amendment 1 with DC Electric Group, Inc., a Commercial Electrical Contractor
3. Resolution Exhibit A – Proposed First Amendment to Maintenance Agreement with DC
Electric Group, Inc.
RIV #4824-4351-8762 v1
Attachment 1
RESOLUTION NO. 2021-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AMMENDMENT 1 TO THE MAINTENANCE AGREEMENT 1 WITH
DC ELECTRIC GROUP, INC. AND RELATED ACTIONS
WHEREAS, in May 2020, the City Council approved a maintenance agreement for a
total amount of $150,000 with DC Electric Group, Inc.; and
WHEREAS, staff has reviewed monthly invoices for fiscal year 20/21 and have
determined that a contract amendment for an additional $70,000 is required to continue services
for traffic signal maintenance throughout the city; and
WHEREAS, staff recommends executing a first amendment to the contract with DC
Electric to maintain the same level of service the City has been receiving throughout the year to
the end of the fiscal year; and
WHEREAS, staff also recommends utilizing funds from the Non-routine Traffic Signal
Maintenance Project (CIP Project 2019-08) for the additional contract encumbrance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a first amendment to the maintenance agreement
by and between DC Electric, a commercial electrical contractor, and the City of Rohnert Park, a
municipal corporation, for the services as shown in Exhibit “A”, subject to minor modifications
by the City Manager or City Attorney.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it
does hereby authorize the City Manager to take all actions necessary to effectuate this approval
including executing the first amendment to the maintenance agreement with DC Electric, Inc.
BE IT FURTHER RESOLVED that the items contemplated in the amended
maintenance agreement are exempt under CEQA Guideline 15301, as the work consists of only
minor alterations, repair, and maintaining operations to existing infrastructure.
BE IT FURTHER RESOLVED that the finance director is directed to amend budgets
and appropriations as necessary to fund Amendment 1 from the Non-routine Traffic Signal
Maintenance Project (CIP Project 2019-28).
DULY AND REGULARLY ADOPTED this 27th of April, 2021.
CITY OF ROHNERT PARK
__________________________________
Gerard Giudice, Mayor
Resolution 2021-040
2
ATTEST:
_____________________________
Sylvia Lopez Cuevas, City Clerk
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Resolution Exhibit A
FIRST AMENDMENT TO AGREEMENT BETWEEN
DC ELECTRIC GROUP, INC AND THE CITY OF ROHNERT PARK
FOR TRAFFIC SIGNAL MAINTENANCE, EMERGENCY REPAIR
SERVICES
This First Amendment to the Agreement for Traffic Signal Maintenance and Emergency Repair
Services ("First Amendment") is made this 27th day of April, 2021, by and between the DC Electric
Group, Inc. ("Contractor") and the City of Rohnert Park ("City").
RECITALS
WHEREAS, the City entered into an agreement for Traffic Signal Maintenance and
Emergency Repair Services with DC Electric Group, Inc., dated May 26, 2020 (the “Agreement”);
WHEREAS, the Agreement provides for maintenance and repair services for certain traffic
signals for a three (3) year term ending on May 26, 2023, and emergency services as outlined in
Exhibit A of the Agreement; and
WHEREAS, compensation under Agreement shall not exceed $150,000, including repairs
and emergency services as needed, without authorization from the City, as outlined in Exhibit B of
the Agreement; and
WHEREAS, City and Contractor would like to amend the scope of work to include additional
services, including additional traffic signals, as outlined in “Exhibit 1- Additional Locations”
attached and incorporated herein.
NOW, THEREFORE, IT IS AGREED, as follows:
1. Additional Scope. Exhibit A, Attachment 1 of the Agreement is hereby amended to
include the three additional pedestrian crossing signals set forth in Exhibit 1 of this First
Amendment to the maintenance scope of work. Contractor shall perform the preventative
and routine maintenance for such signals as set forth in Exhibit A, Attachment 2 of the
Agreement. Contractor acknowledges that as a result of this First Amendment, such
preventative and routine maintenance work shall not be deemed “extra work.”
2. Compensation. Exhibit B is hereby amended to increase the unit quantity of Item 2:
2 Preventative and Routine
Maintenance for Eleven (11)
Lighted Pedestrian Crosswalk
Warning Devices
Ea/month 11 $89.16 $980.76 $11,769.12
“Preventative and Routine Maintenance for Eleven (11) Lighted Pedestrian
Crosswalk Warning Devices” shall refer to Fourteen (14) Pedestrian Crosswalk
Warning Devices, for a monthly total of $1,248.24 and annual total of $14,978.88.
The fiscal year not to exceed limit specified in Exhibit B is increased from $150,000
to $220,000. Compensation to Contractor under this Agreement, as amended by this
Resolution Exhibit A
First Amendment, shall not exceed $220,000 per fiscal year (July to June) without
written approval by the City.
All other services related to the three additional pedestrian crossing signals that is not
specified in in Exhibit A, Attachment 2 of the Agreement shall be billed on a time and
materials basis in accordance with the “Compensation for Extra Work” provisions of
Exhibit B of the Agreement.
3. Agreement in Full Force and Effect. Except as modified by the terms of this
Amendment, all other terms and conditions of the agreement shall remain in full force
and effect.
NOW, THEREFORE, the City and Contractor execute this Amendment effective as of the date
first written above.
CITY OF ROHNERT PARK DC ELECTRIC GROUP, INC
By : _______
Darrin Jenkins City Manager Date:
Per City Council Resolution ___________
Approved on April 27, 2021
ATTEST:
By: ___________________________
Title:
Date:
_____________________________
Name:
Date:
RIV #4824-4351-8762 v1
Attachment 1
ITEM NO. 6.F.
1
Meeting Date: April 27, 2021
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Cindy Bagley, Deputy Director of Community Services
Agenda Title: Adopt Resolution 2021-041 Approving the Amended Recreation Facility Use Fee
Schedule to Include Best Friends Canine Club Fee and Approving Waiving
Insurance Requirements for the Best Friends Canine Club
RECOMMENDED ACTION: Adopt Resolution 2021-041 approving the amended recreation
facility use fees schedule to include Best Friends Canine Club Fee and approving waiving insurance
requirements for the Best Friends Canine Club.
BACKGROUND: On March 26, 2021, the City Council approved the continued use of the Golis Park
Baseball Field by the Best Friends Canine Club as a private renter. As part of the approval, City
Council waived the insurance requirements associated with the rental of a baseball field for the Best
Friends Canine Club’s activity.
ANALYSIS: The amended fee schedule can be found in Attachment B and includes a fee of $4 per
day for the Best Friends Canine Club’s use of the Golis Park Baseball Field. The fee was approved by
the City Council and is amended from the previous fee of $2 per day. The new rate accounts for
inflation over a 20 year period of time. The hours of the rental were approved by the City Council as:
Monday through Friday, 8:30a to 10a; Saturday and Sunday, 8:00a to 9:30a
In addition to amending the fee associated with the BFCC rental of Golis Park Baseball Field, the City
Council also waived the requirement for the BFCC to submit an insurance certificate to the City with
an endorsement naming the City as an additionally insured party. The City Council considered
potential risks associated with the program or activity when determining insurance requirements could
be waived. When determining whether or not the City is willing to take on the liability of a program,
standard practice is to evaluate the potential risks and protections for the City should an incident occur
because of the activity. The following are risk considerations associated with BFCC’s use and
operation of the baseball field as a dog park facility during permitted hours:
a. All dogs are evaluated by the BFCC Organizer, who is certified in dog behavior
assessment. Dogs are only admitted if it is determined that the dog is not aggressive and
does not pose a safety risk to other dogs or humans participating in BFCC, which
lowers the risk of potential incidents.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.F.
2
b. BFCC has a long track record of utilizing Golis Park Baseball Field for off-leash dog
activity with no claims against the program since 2003. The history of the program
would indicate that the risk associated is low.
c. Members of BFCC are required to sign a liability waiver accepting the risks associated
with participation in the program and holding the City harmless in the event of an
incident related to their participation. California law (Civil Code section 3342)
specifically imposes strict liability on the dog owner for the damages caused by any
dog bite incident in any public place.
d. State law provides immunity from suit to the city for claims arising out of the operation
of a dog park.
STRATEGIC PLAN ALIGNMENT: This item is in line with Strategic Plan Goal B: Achieve and
Maintain Financial Stability by establishing financial policies, procedures and systems that represent
best practices; and Goal D: Continue to Develop a Vibrant Community by providing more services to
the public through parks and recreation..
FISCAL IMPACT/FUNDING SOURCE: The City expects an annual increase in General fund
revenues of less than $1000 from the adoption of these fees.
Department Head Approval Date: J. McArthur 4/9/2021
Finance Director Approval Date: N. Bali 4/14/2021
City Attorney Approval Date: S. Rudin 4/14/2021
City Manager Approval Date: D. Jenkins 4/15/2021
Attachments (list in packet assembly order):
1. Resolution 2021-041
2. Attachment B – Draft Amended Recreation Facility Use Fee Schedule
RESOLUTION NO. 2021-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING THE AMENDED RECREATION FACILITY USE FEE SCHEDULE
AND WAIVING THE INSURANCE REQUIREMENTS OF THE BEST
FRIENDS CANINE CLUB FOR THE PRIVATE RENTAL OF THE GOLIS
PARK BASEBALL FIELD
WHEREAS; the City of Rohnert Park operates five rentable facilities and eight rentable
parks; and
WHEREAS, the City receives requests to reserve and rent public spaces for private
parties, fundraisers, sports events, sports leagues and other events for the purpose of gathering;
and
WHEREAS, the Best Friends Canine Club is an unincorporated association of
individuals that has permitted to use the Golis Park Baseball Field since 2003 for dog park
related uses; and
WHEREAS, the City Council, on March 26, 2021 authorized the continued rental of
Golis Park Baseball Field by the Best Friends Canine Club at a rate of $4 per day; and
WHERAS, the above mentioned fee should be included in the Recreation Facility Use
Fee Schedule; and
WHEREAS, private renters of City sports fields are required to adhere to insurance
requirements as part of the terms of use; and
WHEREAS, the City Council, on March 26, 2021 voted to waived the insurance
requirement for the Best Friends Canine Club for the use of Golis Park Baseball Field.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the amended Recreation Facility Use Fee
Schedule attached as Exhibit A, and waives the insurance requirements for the Best Friends
Canine Clubs’ permitted use of Golis Park Baseball Field.
DULY AND REGULARLY ADOPTED this 27th day of April, 2021.
CITY OF ROHNERT PARK
____________________________________
Gerard Giudice, Mayor
Resolution 2021-041
2
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 1
Program/Facility Classification Current Fee
Date of Last
Increase
Non Profit
Private R.P. Resident
Private Non-Resident
Commercial
Local Non-Profit/Youth Sports League On-Going Use
COMMUNITY CENTER - MULTI USE ROOM
Damage Deposit Events No Alcohol $400.00 2019
Events With Alcohol $800.00 2019
Non-Profits $400.00 2019
Clean-up/Maintenance Fee All $180.00 2019
Hourly Rentals (Peak Times Mon-Sat)Non-Profit $104.00 2020
Local Non-Profit/Youth Sports
League On-Going $87.00 2020
Private - Resident $135.00 2020
Private - Non-Resident $148.00 2020
Commercial $178.00 2020
Hourly Rentals (Non-Peak Mon-Th/Sun)Non-Profit $73.00 2020
Non-Peak: M-Th 8a-5p All Sunday Private - Resident $86.00 2020
Private - Non-Resident $94.00 2020
Commercial $98.00 2020
Kitchen (flat w/ rent of MU only)All $122.00 2020
Kitchen (hourly: Non-Peak hrs M-Th)All $16.00 2020
Additional Facility Attn. (Flat Rate)All $36.00 2020
COMMUNITY CENTER LOBBY
Flat fee All $123.00 2020
Art Reception (1 hour max)All $21.00 2020
COMMUNITY CENTER OUTDOOR WEDDING AREA
Flat Rate (with room use only)All $245.00 2020
COMMUNITY CENTER - MEETING ROOM 2 AND LOUNGE
Damage Deposit Events No Alcohol $200.00 2019
Events With Alcohol $400.00 2019
Clean-up Fee All $80.00 2019
Rental (hourly)Non-Profit $49.00 2020
Exhibit A
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 2
Program/Facility Classification Current Fee
Date of Last
Increase
Local Non-Profit/Youth Sports
League On-Going $41.00 2020
Private - Resident $55.00 2020
Private - Non-Resident $61.00 2020
Commercial $86.00 2020
COMMUNITY CENTER - MEETING ROOM #2, #3, CRAFTS ROOM #1, GARDEN ROOM OR LOUNGE
Damage Deposit All $100.00 2014
Clean-up Fee (events with food or 40+)All $40.00 2015
Rental (hourly Mon- Thursday)Non-Profit $15.00 2020
Rental (hourly)Non-Profit $31.00 2020
Local Non-Profit/Youth Sports
League On-Going $26.00 2020
Private - Resident $43.00 2020
Private - Non-Resident $48.00 2020
Commercial $61.00 2020
COMMUNITY CENTER MEETING ROOM #1 OR CONFERENCE ROOM
Rental Hourly Friday, Saturday or Sunday Uses Non-Profit $25.00 2014
Rental (hourly Mon- Thursday)Non-Profit $10.00 2014
Private - Resident $25.00 2014
Private - Non-Resident $29.00 2020
Commercial $36.00 2020
COMMUNITY CENTER - ALL ROOMS, LOBBY & KITCHEN
Damage Deposit All $500.00 2016
Clean-up Fee (events with food or 40+)All $180.00 2019
Rental (Daily Use Mon- Thursday & Friday until 4:00PM)All $979.00 2020
COMMUNITY CENTER MISCELLANEOUS EQUIPMENT
Piano (flat per use)All $25.00 2014
Coffee pot - each All $10.00 2014
BURTON AVENUE RECREATION CENTER
Damage Deposit Events No Alcohol $400.00 2019
Events With Alcohol $800.00 2019
Non-Profit Deposit $400.00 2019
Clean-up Fee All $180.00 2019
Rental (Monday-Thursday, Sunday)Non-Profit $15.00 2014
Rental (hourly)Non-Profit $80.00 2020
Local Non-Profit/Youth Sports
League On-Going $66.00 2020
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 3
Program/Facility Classification Current Fee
Date of Last
Increase
Private - Resident $92.00 2020
Private - Non-Resident $102.00 2020
Commercial $135.00 2020
FA Facility Open/Close (flat/casual use)All $40.00 2019
LADYBUG RECREATION BUILDING
Damage Deposit _ Single Use All $50.00 1999
Rental (flat; 3hour block)Non-Profit $18.00 2003
Rental (hourly)Private - Resident $20.00 2014
Private - Non-Resident $26.00 2020
Commercial $31.00 2020
GOLD RIDGE RECREATION CENTER
Damage Deposit All $220.00 2018
Non-Profit $32.00 2020
Local Non-Profit/Youth Sports
League On-Going $32.00 2020
Private - Resident $39.00 2020
Private - Non-Resident $75.00 2020
Commercial $122.00 2020
SENIOR CENTER ACTIVITY ROOM (4 hour minimum)
Damage Deposit Events No Alcohol $400.00 2019
Events With Alcohol $800.00 2019
Clean-up fee All $180.00 2019
Rental (hourly)Non-Profit $49.00 2020
Local Non-Profit/Youth Sports League On-Going $41.00 2020
Private - Resident $80.00 2020
Private - Non-Resident $87.00 2020
Commercial $110.00 2020
2nd Facility Attn. (Flat Rate)All $30.00 2019
SENIOR CENTER DINING ROOM/DROP-IN/SUITE C
Damage Deposit All $100.00 2014
Clean-up Fee All $50.00 2014
Rental (hourly)Non-Profit $31.00 2019
Local Non-Profit/Youth Sports League On-Going $25.00 2019
Private - Resident $43.00 2019
Private - Non-Resident $48.00 2019
Commercial $61.00 2019
SENIOR CENTER KITCHEN
Rental (flat rate with rental of facility)All $122.00 2020
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 4
Program/Facility Classification Current Fee
Date of Last
Increase
SENIOR CENTER MISCELLANEOUS EQUIPMENT
Coffee urn (100 cup) - each All $20.00 2007
P.A. system/2 microphones All $25.00 2007
PICNIC AREAS -ALL PARKS EXCEPT ALICIA PARK
All fees assesed by 4 hour time blocks(2 max per day)
Under 100 people Non-profit Groups $26.00 2020
Groups of 20 & under Resident fees $41.00 2020
21-50 people Resident fees $51.00 2020
51 and Over people Resident fees $102.00 2020
Deposit for 100+$102.00 2020
Groups of 20 & under Non-resident fees $56.00 2020
21-50 people Non-resident fees $77.00 2020
51 and Over people Non-resident fees $128.00 2020
Deposit for 100+$100.00 2010
GROUP PICNIC AREAS
Alicia Park 1-100 people Resident $77.00 2020
Alicia Park 101-200 people $97.00 2020
Alicia Park 201-300 people $128.00 2020
Alicia Park 301 or more $153.00 2020
Alicia Park 1-100 people Non-resident Fees $85.00 2020
Alicia Park 101-200 people $107.00 2020
Alicia Park 201-300 people $141.00 2020
Alicia Park 301 or more $172.00 2020
Alicia Park Deposit 101+$100.00
TENNIS COURTS
Private rentals (per court/day)$25.00 1999
Tennis Club (hourly/court)$2.00 2014
SPECIAL EVENT USES
Community Center grass $102.00 2020
Park areas other than picnics $150.00 2020
ADMINSTRATIVE
Refund/Change Processing Charge $10.00 2007
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 5
Program/Facility Classification Current Fee
Date of Last
Increase
CALLINAN SPORTS & FITNESS CENTER
MISCELLANEOUS FEES
Racquet or Ball Rental $0.50 1995
Monthly Locker Rental w/EFT $4.00 2009
Yearly Locker Rental $48.00 2009
Childcare, per child/per hour $2.00 2009
Resident Card Fee $15.00 2003
Membership Card Fee $5.00 2014
ROOM RENTALS (hourly)
Main Gym - Adult Commercial (admission fee charged)$112.00 2020
Main Gym - Resident Youth Group $26.00 2020
Main Gym - Non-Resident Youth Group $31.00 2020
Main Gym - Youth Half Gym Only $15.00 2012
Activity Room $26.00 2020
Childcare Room $20.00 2012
SWIMMING POOL FEES
POOL RENTAL RATES (M Pool 20% less)
1-25 Persons 117.00 2020
26-50 133.00 2020
51-100 143.00 2020
101-150 153.00 2020
CITY CENTER PLAZA & COMMUNITY CENTER CENTER COMPLEX
Application Fee All $25.00 2015
Minor Event All $306.00 2020
Major Event All $867.00 2020
Minor Event Deposit All $400.00
Major Event Deposit All $1,000.00
CITY OPERATED FESTIVALS
Crafts Vendor All $50.00 2010
Food Vendor (multiple offerings)$100.00 2019
Food Vendor (one item offered)$50.00 2010
All fees highlighted in yellow are subject to increase on July 1 each year according to the CPI index
HOLIDAY CRAFTS FAIRE
Vendor booth (2 days)All $105.00 2014
Electrical outlet $25.00 2014
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 6
Program/Facility Classification Current Fee
Date of Last
Increase
8 foot table $25.00 2014
Food Vendor $100.00 2019
SPORTS FIELD USE
Youth Sports
Non-Profit/Youth Sports Organizations-per sport/per
season, minimum of 50 players Per Participant $4.00 2020
Per Participant $5.00 2021
Non-League/Non-Profits Less than 50 Resident $10/hr 2019
Non-League/Non-Profits Less than 50 Non-Resident $15/hr 2019
For Profit/Private Resident $16/hr 2019
For Profit/Private Non-Resident $26/hr 2019
Sunrise Park - Non-Profit/Youth Sports Organizations Soccer $35/hr 2019
Sunrise Park - Non-Profit/Youth Sports Organizations Softball $24/hr 2019
Sunrise Park - Non-League/Non-Profit less than 50 players Soccer $50/hr 2019
Sunrise Park - Non-League/Non-Profit less than 50 players Softball $35/hr 2019
Sunrise Park - For Profit/Private Soccer $75/hr 2019
Sunrise Park - For Profit/Private Softball $53/hr 2019
Adult Sports
Non-Profit & Community Adult Leagues Resident $15/hr 2019
Non-Profit & Community Adult Leagues Non-Resident $22/hr 2019
Non-Profit Non-League Resident $25/hr 2019
Non-Profit Non-League Non-Resident $38/hr 2019
For Profit/Private Resident $50/hr 2019
For Profit/Private Non-Resident $75/hr 2019
Sunrise Park - Non-Profit & Community Adult Leagues Soccer - Resident $50/hr 2019
Sunrise Park - Non-Profit & Community Adult Leagues Soccer - Non-Resident 75/hr 2019
Sunrise Park - Non-Profit & Community Adult Leagues Softball - Resident $35/hr 2019
Sunrise Park - Non-Profit & Community Adult Leagues Softball - Non-Resident $52/hr 2019
Sunrise Park - Non-Profit Non-League Soccer - Resident $55/hr 2019
Sunrise Park - Non-Profit Non-League Soccer - Non-Resident $82/hr 2019
Sunrise Park - Non-Profit Non-League Softball - Resident $38/hr 2019
Sunrise Park - Non-Profit Non-League Softball - Non-Resident $57/hr 2019
Sunrise Park - For Profit, Private Soccer - Resident $82/hr 2019
Sunrise Park - For Profit, Private Soccer - Non-Resident $123/hr 2019
Sunrise Park - For Profit, Private Softball - Resident $57/hr 2019
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 7
Program/Facility Classification Current Fee
Date of Last
Increase
Sunrise Park - For Profit, Private Softball - Non-Resident $85/hr 2019
Field Use Deposit All
Determined on
case by case
basis 2019
Miscellaneous
Golis Park Basbeball Field - Best Friends Canine Club All $4 /day 2021
M-F 8:3a-10a; Sa-Sun 8:00a-9:3a
FIELD LIGHT FEES
Youth Sports Organizations All $5/hr 2020
$6/hr 2021
Rohnert Park Adult Sports Leagues, Private
Residents/Groups All $6/hr 2020
$7/hr 2021
Adult Non-Resident and Non-affiliated teams, camps,
events, tournaments, etc.All $10/hr 2019
Commercial/For-Profit All $15/hr 2019
VENDING PERMIT
Merchandise Sales (1 day)$100.00 2019
Food Sales (1 day)$100.00 2019
COMMERCIAL USE PERMIT
Classes, clinics or other services provided in City Parks
$25p/h R/ $35
p/h NR 2019
RECREATION FACILITY FEES
Callinan Sports & Fitness Center Memberships Teen/Senior/Disabled $4.00 Effective 9/1/10
Adult $5.00 Effective 9/1/10
Family $10.00 Effective 9/1/10
Recreation Center Facility Rental
Community Center All rentals
20% of hourly
rental fee 2018
Burton Avenue Rec Center All rentals
20% of hourly
rental fee 2018
Senior Center All rentals
20% of hourly
rental fee 2018
2020-2021 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
*fees listed below with an asterisk are subject to Inflationary Rate Adjustment
4/22/2021 8
Program/Facility Classification Current Fee
Date of Last
Increase
Gold Ridge Rec Center All rentals
20% of hourly
rental fee 2018
ITEM NO. ___6.G.____
1
Meeting Date: April 27, 2021
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Eydie Tacata, Management Analyst
Agenda Title: Adopt a Resolution Authorizing City Manager to Execute Program
Supplement Agreement No. F014 for the State Farm Drive Rehabilitation
(Federal Project No. STPL-5379(022)/City Project No. 2016-08)
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute
Program Supplement Agreement No. F014 for the State Farm Drive Rehabilitation (Federal
Project No. STPL- 5379(022)/City Project No. 2016-08.
BACKGROUND: The Metropolitan Transportation Commission (“MTC”) works with
congestion management agencies such as the Sonoma County Transportation Agency (“SCTA”)
to determine through jurisdictional allocations and competitive grant processes, projects that will
receive federal and State transportation funding. The State of California Department of
Transportation (“Caltrans”) administers these funds and works with local agencies to follow
federal and State laws pertaining to the use of the funds. Caltrans and the City are parties to an
Administering Agency-State Agreement for Federal Aid Projects – also referred to as the
“Master Agreement” – which stipulates the terms and conditions for City’s access and use of
federal and State funds. For each project receiving funding, Caltrans provides a “Program
Supplement Agreement” to the Master Agreement, describing the funding program, grant
amount, project phase being funded, and City and Caltrans roles and responsibilities. A fully-
executed Program Supplement Agreement allows Caltrans to encumber the funds for the project
so that reimbursement payments can be made. Caltrans has provided Program Supplement
Agreement No. F014 to Administering Agency-State Agreement for Federal Aid Projects No.
04-5379F15 (“Program Supplemental Agreement No. F014”) for $1,035,000 in Surface
Transportation Program (STP) funds for the construction phase of State Farm Drive
Rehabilitation (Federal Project No. STPL-5379(022), City Project No. 2016-08). Caltrans
requires a certified resolution identifying the representative authorized to execute the agreement
on behalf of the agency.
DISCUSSION: The State Farm Drive Rehabilitation project was awarded funds through MTC’s
One Bay Area Grant (OBAG) program. The project was developed in response to OBAG’s goal
of investing more transportation funding in Priority Development Areas (PDAs). The project
reconstructed a portion of State Farm Drive between Rohnert Park Expressway and Professional
Center Drive and included enhancing crosswalks at the City Center Drive and Hinebaugh Creek
intersections. Construction commenced on the project in August 2020, and it is complete and is
presently being prepared for closeout. Typically, the Program Supplemental Agreement would
have been sent by Caltrans much earlier in the project timeline, but due to the COVID-19
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. ___6.G.____
2
pandemic affecting Caltrans’ staffing and processing last year, this Program Supplement
Agreement was overlooked. A fully-executed Project Supplement Agreement is required for
Federal funds reimbursement, to complete the project files, and to close out the project. Staff
recommends that the City Council adopt the attached resolution authorizing the City Manager to
approve and execute Program Supplemental Agreement No. F013, and that the City Clerk certify
the resolution so that the City can receive its grant funds.
OPTIONS CONSIDERED: None. Authorizing and executing the Program Supplement
Agreement is necessary to secure the grant funding.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community. The action supports the development of the Central
Rohnert Park PDA by providing transportation improvements for the focused growth envisioned
by the adopted PDA Plan.
FISCAL IMPACT/FUNDING SOURCE: This action ensures that the City will receive
$1,035,000 in restricted, project-specific federal funds to reimburse eligible project construction
costs. Funding sources for this project are detailed in the table below. Use of the federal funds
requires at least an 11% match in local funds in the project phase for which federal funds are
awarded. This is accomplished for this project with the funding provided from the City’s
allocations of Gas Tax (Fund 130), Measure M Local Streets and Roads (Fund 135), and Road
Maintenance and Rehabilitation Act (Fund 132). Local funding was also used for the earlier
phases of the project, including environmental clearance, preliminary engineering, and project
design. No general fund monies are used to fund this project.
Project Phase/Activities
Funding Sources
Environmental,
Preliminary
Engineering, and
Design
Construction Contract,
Construction
Management &
Inspection
Total Funding Each
Source
Federal Surface Transportation Program $0 $1,035,000 $1,035,000
Local Gas Tax (Highway Users Tax
Allocation) – Fund 130 $477,224 $156,589 $633,813
Local Measure M (Local Streets & Roads) –
Fund 135 $0 $32,727 $32,727
Local Road Maintenance & Rehabilitation
Act - Fund 132 0 $170,157 $170,157
Total Funding $477,224 $1,394,473 $1,871,697
Department Head Approval Date: 04/20/2021
Finance Manager Approval Date: 04/20/2021
City Attorney Approval Date: N/A
City Manager Approval Date: 04/20/2021
Attachments (list in packet assembly order):
1. Resolution 2021-042
2. Exhibit A to Resolution: Program Supplement Agreement No. F014
RESOLUTION NO. 2021-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING CITY MANAGER TO APPROVE AND EXECUTE PROGRAM
SUPPLEMENT AGREEMENT NO. F014 TO ADMINISTERING AGENCY–STATE
AGREEMENT FOR FEDERAL FUNDING NO. 04-5379F FOR THE VARIOUS
STREETS REHABILITATION IN ROHNERT PARK (AKA STATE FARM DRIVE
REHAB) (Federal Project No. STPL-5379(022) / City Project No. 2016-08)
WHEREAS, the State of California Department of Transportation (Caltrans) and Federal
Highway Administration has obligated $1,035,000 in Federal Surface Transportation Program
funds for the construction phase of the Various Streets Rehabilitation in Rohnert Park (aka State
Farm Drive Rehab); and
WHEREAS, Caltrans has requested a certified enabling resolution identifying the project
receiving funding through Program Supplement Agreement No. F014 and the official authorized
to execute the Program Supplement Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Manager is hereby authorized and directed to take all actions for and on behalf
of the City of Rohnert Park, including execution, if necessary, to effectuate the Program
Supplement Agreement F014, in substantially similar form to the agreement attached hereto as
Exhibit “A” and incorporated by this reference, which authorizes Federal-aid Funding for the
Various Streets Rehabilitation in Rohnert Park (aka State Farm Drive Rehab) in accordance with
Administering Agency–State Agreement for Federal Funding No. 04-5379F.
DULY AND REGULARLY ADOPTED this 27th day of April, 2021.
CITY OF ROHNERT PARK
____________________________________
Gerard Guidice, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
04-5379F15-F014- ISTEAProgram Supplement
04-SON-0-RNPK
STPL-5379(022)
SPECIAL COVENANTS OR REMARKS
Page 2 of 7
1.A. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available by future Federal obligations will be encumbered on this PROJECT by
use of a STATE-approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will
be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first invoice for the construction
contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
authorizations/obligations for Federal aid projects, or encumbrances for State funded
projects, as well as to suspend invoice payments for any on-going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
F. Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal-
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2.
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
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Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project-specific PROGRAM
SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE
PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation
includes, but is not limited to, agency's progress payment to the contractors, copies of
cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central
Service Cost Allocation Plans and related documentation are to be prepared and provided
to STATE (Caltrans Audits & Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible for the cost difference, and any overpayments inadvertently paid by STATE
shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
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used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records and ADMINISTERING AGENCY agrees, and shall require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
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3.
examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other contracts over $25,000 [excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this AGREEMENT
regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
Appendix E of the Title VI Assurances (US DOT Order 1050.2A)
During the performance of this agreement, the ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as
the "contractor") agrees to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on
the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are Federally funded
or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
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systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-
12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts
37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
ITEM NO. 6.H.
1
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
Meeting Date: April 27, 2021
Department: Administration/Human Resources
Submitted By: Darrin Jenkins, City Manager
Prepared By: Victoria Perrault, Human Resources Director
Agenda Title: Adopt a Resolution Approving the Fifth Amendment to Employment Agreement
Between the City of Rohnert Park and Don Schwartz for Assistant City Manager
Services
RECOMMENDED ACTION: Adopt the resolution approving the Fifth Amendment to the
Employment Agreement between the City of Rohnert Park and Don Schwartz for Assistant City
Manager Services.
BACKGROUND: On April 30, 2014, the City entered into an Employment Agreement with
Don Schwartz to retain his services as the Assistant City Manager (“Employment
Agreement”). The Employment Agreement was subsequently amended on March 28, 2017 to
extend the term which expires on April 29, 2021. The parties have agreed to amend the term
of the Employment Agreement to ensure the continued services of the Assistant City
Manager.
The Fifth Amendment to Employment Agreement (“Fifth Amendment”) amends Section 2 Term
of the Employment Agreement as follows:
AMENDMENT TO SECTION 2
TERM.
The term of this Agreement shall be from the 29th day of April, 2021 through the
29th day of April 2025, or until terminated by either party in accordance with the
provisions set forth in Paragraph 3 or by the event of the death or permanent
disability of Employee.
Term is the only provision of the Employment Agreement modified by the Fifth Amendment.
The Council is asked to approve the attached Resolution which approves the Fifth
Amendment and authorizes the City Manager to execute the attached Fifth
Amendment to Employment Agreement with Don Schwartz.
STRATEGIC PLAN ALIGNMENT:
Approval of this item would ensure compliance with the City’s adopted Strategic Plan by
safeguarding the effective delivery of public services which aligns with Goal C.
OPTIONS CONSIDERED: Recommended Option: Staff recommends approving this item as
the Assistant City Manager position is vital to ensuring the efficient and effective delivery of
public service to the Rohnert Park community.
1. Alternative Option: Council could opt not to extend the employment agreement with the
current Assistant City Manager, but staff does not recommend this option as it would
negatively affect service levels and compromise organizational efficiency.
FISCAL IMPACT/FUNDING SOURCE:. There is no additional fiscal impact.
.
Department Head Approval Date: N/A
City Manager Approval Date: 04/21/2021
City Attorney Approval Date: N/A
Attachments:
1. Resolution Approving the Fifth Amendment to Employment Agreement Between the City
of Rohnert and Don Schwartz for Assistant City Manager Services.
2. Fifth Amendment to Employment Agreement – Don Schwartz
RESOLUTION NO. 2021-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE FIFTH AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND DON SCHWARTZ FOR
ASSISTANT CITY MANAGER SERVICES
WHEREAS, on April 30, 2014, City entered into an Employment Agreement with Don
Schwartz (“Employment Agreement”) to retain his services as the Assistant City Manager;
WHEREAS, the City and Don Schwartz desire to amend the Employment Agreement to
modify the terms and conditions of Don Schwartz’s employment as Assistant City Manager;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby approves the Fifth Amendment to Employment Agreement between the
City of Rohnert Park and Don Schwartz for Assistant City Manager Services in substantially the
same form attached hereto as Exhibit "A," which is incorporated herein by this reference.
BE IT FURTHER RESOLVED, that the City Manager is authorized and directed to
execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 27th day of April, 2021.
CITY OF ROHNERT PARK
_________________________
Gerard Giudice, Mayor
ATTEST:
____________________________________
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
EXHIBIT “A”
FIFTH AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND DON SCHWARTZ
1. PARTIES AND EFFECTIVE DATE
The parties to this Fourth Amendment to Employment Agreement (“Fourth
Amendment”) are the City of Rohnert Park (“City”) and Don Schwartz (“Employee”). The
effective date of this Fourth Amendment shall be April 29, 2021.
2. PURPOSE
The parties have previously entered into an Employment Agreement between City of
Rohnert Park and Don Schwartz (“Employment Agreement”) effective as of April 30, 2014.
On October 14, 2014, the City entered into a First Amendment to Employment Agreement with
Don Schwartz to modify the compensation and benefits provisions of the Employment
Agreement. On March 28, 2017, the City entered into a Second Amendment to Employment
Agreement with Don Schwartz to modify the term of the Employment Agreement. On April
30, 2017, the City entered into a Third Amendment to Employment Agreement with Don
Schwartz to modify the resignation and termination, and compensation and benefits, provisions
of the Employment Agreement. On November 24, 2019, the City entered into a Fourth
Amendment to Employment Agreement with Don Schwartz to modify the compensation
provision of the Employment Agreement.. The Employment Agreement as amended by the
First Amendment to the Employment Agreement, Second Amendment to Employment
Agreement, Third Amendment to the Employment Agreement and Fourth Amendment to the
Employment Agreement shall be referred to as the “Amended Employment Agreement.” The
City and Employee hereby desire to amend the Amended Employment Agreement as set forth
below.
3. AMENDMENT TO SECTION 2
TERM.
The term of this Agreement shall be from the 29th day of April, 2021 through the 29th
day of April 2025, or until terminated by either party in accordance with the provisions set forth
in Paragraph 3 or by the event of the death or permanent disability of Employee.
4. GENERAL PROVISIONS
A. This Fifth Amendment consists of pages 1 through 2 inclusive and constitutes
the entire understanding and agreement of the parties and supersedes all negotiations or
Schwartz Fifth Amendment to Employment Agreement
City of Rohnert Park
Page 2 of 2
Page 2 of 2
previous agreements between the parties with respect to all or any part of the terms discussed in
this Fourth Amendment.
B. Except as specifically modified herein, all remaining terms and obligations set
forth in the Amended Employment Agreement between the City of Rohnert Park and Employee
shall remain in full force and effect.
CITY OF ROHNERT PARK
By:_____________________________
Darrin Jenkins,
City Manager
Dated:___________________________
Per Reso. No. 2019-___ adopted______.
EMPLOYEE
By:______________________________
Don Schwartz
Dated:___________________________
APPROVED AS TO FORM:
By:__________________________
Michelle Marchetta Kenyon
City Attorney
Attest:
By: __________________________
City Clerk
ITEM NO. 6.I.
1
Meeting Date: April 27, 2021
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Mary Grace Pawson, Development Services Director
Agenda Title: Adopt a Resolution Authorizing and Approving a Public Improvement Agreement for
the Vast Oak North Phase 3B Wet Utilities (CEQA: Consistent with the University
District EIR)
RECOMMENDED ACTION: Adopt a Resolution authorizing and approving a Public Improvement
Agreement for Vast Oak North Phase 3B Wet Utilities Improvements with the University District LLC
(CEAS: Consistent with the University District EIR)
BACKGROUND: The City has approved a Tentative Map and entered into a Development
Agreement with the University District LLC and Vast Oak Properties L.P. (“Developer”) to facilitate
the orderly development of the area known as the University District Specific Plan Area. Over the
course of the past year the Developer has been working to satisfy the Tentative Map Conditions and
Development Agreement requirements in order to secure a Final Map for Phase 3B within the third
phase of development known as Vast Oak North. The Phase 3B Final Map will create 120 single-
family residential lots. Both the Conditions of Approval for the Tentative Map and the Development
Agreement direct the construction of public infrastructure so that it will be coordinated with and
available to serve new residential and commercial development planned within the Specific Plan Area.
ANALYSIS: The Developer has executed a Public Improvement Agreement with the City to construct
the Vast Oak North Phase 3B Wet Utilities Improvements (Oxford Place, Oak Leaf Place, Orchard
Place, Orchard Way, Olive Place, Owen Place, Otter Place, including potable water, recycled water,
sanitary sewer, stormdrain improvements. Surface improvements (pavement, curb, gutter and
sidewalk, streetlights, and landscaping) and dry utilities (gas, electric, phone, and cable) will be
completed as later phases.
The Developer is committing to complete the construction of these improvements through the
Improvement Agreement and has posted the necessary performance and labor and materials bonds
with the City.
The proposed Public Improvement Agreement is in the same form that has been previously approved
by Council. Like the other Improvement Agreements, these Agreements outline in more detail than
specified in the Conditions of Approval or the Development Agreement. These details include:
• The developer’s duty to install the improvements to City standards and protect them until
acceptance;
• The City’s rights for inspection and cost recovery;
• The process by which new improvements will be inspected by the City;
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.I.
2
• Requirements to pay prevailing wage; and,
• Requirements for bonds, insurance and indemnity and the City’s remedies against breach or
default by the developer.
The Agreements also specify that the developer will be required to post performance and labor and
material bonds, for the full constructed value.
ENVIRONMENTAL ANALYSIS: This development was included in the Project Description
Section of the Draft Environmental Impact Report (Draft EIR dated July 2005) for the University
District Specific Plan and analyzed in that document.
The description of the development was not substantially changed by either the Final EIR (March
2006) or the CEQA Addendum (February 2014). Because the proposed improvements were included
in the Project Description considered in the University District Specific Plan EIR, and their impacts
were analyzed and mitigated to a less than significant level, no further CEQA analysis is required.
STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal
D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None. The recommended action is consistent with the Development
Agreement and Conditions of Approval for the Tentative Map and necessary to complete the project.
FISCAL IMPACT/FUNDING SOURCE: In accordance with the City’s General Plan policies,
development within the UDSP Area has been designed to minimize impacts on both the General Fund
and existing rate payers. This is accomplished in several ways.
1. Infrastructure construction is funded by the developer at no cost to the City.
2. Amenities within the development, including landscaping and trails and storm water quality
improvements, are privately owned and maintained by a Homeowner’s Association. The
proposed Master Maintenance Agreement commits the developer and eventually the
Homeowner’s Associations to these specific obligations and avoids impacts on the City.
3. The Development Agreement requires the developer to provide a Maintenance Annuity deposit
with the City when certificates of occupancy are issued for the new residential units. This
Maintenance Annuity deposit has been calculated to cover the City’s cost of providing public
services and maintaining publicly owned facilities including the new streets, Twin Creeks Park,
and Griffin’s Grove Park.
Department Head Approval Date: 04/05/21
Finance Director Approval Date: N/A
City Attorney Approval Date: 04/12/21
City Manager Approval Date: 04/13/21
Attachments (list in packet assembly order):
1. Resolution Authorizing and Approving a Public Improvement Agreement for the Vast Oak
North Phase 3B Improvements
ITEM NO. 6.I.
3
• Exhibit A – Public Improvement Agreement by and between the City of Rohnert Park
and University District LLC for the Vast Oak North Phase 3B Wet Utilities
Improvements
RESOLUTION NO. 2021-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A PUBLIC IMPROVEMENT AGREEMENT FOR
VAST OAK NORTH PHASE 3B WET UTILITIES IMPROVEMENTS WITH THE
UNIVERSITY DISTRICT LLC
WHEREAS, on May 23, 2006, the City Council of the City of Rohnert adopted
Resolution No 2006-141 approving the Final Environmental Impact Report (EIR) for the
University District Specific Plan Area including a draft EIR, a recirculated draft EIR, response to
comments, changes, clarifications, and corrections to the draft EIR and recirculated draft EIR
and appendices (together the “2006 EIR”); and
WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted
Resolution No. 2014-032 approving an addendum to the 2006 EIR (together with the 2006 EIR
collectively called the “Updated Final EIR”); and
WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted
Resolution 2014-035 approving the Tentative Map for the University District Plan, prepared by
MacKay & Somps and dated February 2014 (the “Tentative Map”), subject to certain conditions
of approval (“Conditions”); and
WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted
Ordinance No. 878, approving a Development Agreement (“Development Agreement”) between
the City of Rohnert Park and Vast Oak Property L.P. and University District LLC; and
WHEREAS, with the City’s consents, Vast Oak L.P. has assigned all rights and
obligations under the Development Agreement to University District LLC (“Developer”) through
an Assignment and Assumption Agreement, with the City’s consent, dated September 16, 2021;
and
WHEREAS, the Developer intends to file the Final Map for Phase 3-B within the Vast
Oak North Phase for the Vast Oak Property, consisting of 120 single-family residential lots; and
WHEREAS, the Development Agreement and the Conditions of Approval include
requirements for Developer to construct all in-tract improvements within each Final Map area,
including streets, storm drainage, water, sewer, recycled water, joint trench, streetlighting, and
landscaping in conjunction with each Final Map filed for the University District Property; and
WHEREAS, the Developer has submitted plans and specifications for the Vast Oak
North Phase 3B Wet Utilities Improvements (including storm drainage, water, sewer, and
recycled water) which have been reviewed by the City Engineer and determined to be technically
accurate and in conformance with the Conditions of Approval; and
WHEREAS, the Developer intends to move forward with installation of the Vast Oak
North Phase 3B Wet Utilities Improvements in order to allow development of the
aforementioned neighborhood; and
WHEREAS, the Developer has posted performance and labor and materials bonds in the
amount of One Million, One Hundred Twenty-Seven Thousand, Two Hundred and Fifty Dollars
and No Cents ($1,127,250.00)
WHEREAS, the City and Developer desire to enter into a Public Improvement
Agreement for the Vast Oak North Phase 3B Wet Utilities Im provements to more thoroughly
Resolution 2021-044
2
define the terms and conditions of the construction and dedication obligations under the
conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Public Improvement Agreement for the Vast
Oak North Phase 3B Wet Utilities Improvements included as Exhibit A to this is Resolution.
BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed
public meeting of April 27, 2021, the City Council of the City of Rohnert Park finds that the
public improvements and activities were adequately described and mitigated in the University
District Specific Plan Area Updated Final EIR, and that no other CEQA analysis is warranted.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Public Improvement Agreement for the Vast Oak North Phase 3B Wet
Utilities Im provements in substantially similar form to the agreement attached hereto and
incorporated by this reference as Exhibit A subject to minor modification by the City Manager or
City Attorney.
DULY AND REGULARLY ADOPTED this 27th day of April, 2021.
CITY OF ROHNERT PARK
____________________________________
Gerard Giudice, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Exhibit A – Public Improvement Agreement
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
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
)
)
)
)
)
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(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
PUBLIC IMPROVEMENT AGREEMENT
BY AND BETWEEN THE CITY OF ROHNERT PARK
AND UNIVERSITY DISTRICT LLC FOR THE VAST OAK NORTH PHASE 3B SUBDIVISION
WET UTILITIES IMPROVEMENTS
This Public Improvement Agreement (the "Agreement") is made and entered into on this ______ day of
______________ 2021 (the "Effective Date") by and between University District, LLC, a Delaware
Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California municipal
corporation ("City"). City and Developer are sometimes referred to hereinafter individually as “Party” and
collectively as “Parties”.
RECITALS
A. On April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No.
2014-035, approving the Tentative Map for the University District Vast Oak Property, prepared by
MacKay & Somps and dated February 2014 (the "Tentative Map"), subject to certain conditions of
approval (the "Conditions").
B. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance
No. 878 approving a Development Agreement with the Developer and Vast Oaks L.P. (the “Development
Agreement”).
C. On September 16, 2020, with the City’s consent, Vast Oak L.P. assigned all rights and
responsibilities under the Development Agreement to Developer.
D. Both the Conditions and the Development Agreement require that the Developer provide
adequate in-tract infrastructure for its development including surface improvements (streets, curb, gutter,
and sidewalks), wet utilities (potable water, recycled water, sanitary sewer, and storm drain), dry utilities
(electric, gas, phone, and cable), and landscaping for each neighborhood.
E. The Developer has submitted plans, specifications and drawings for the improvements.
These plans are on file in the office of the City Engineer and have been approved as outlined below:
• Vast Oak North – Phase 3B Wet Utilities Improvement Plans, City of Rohnert Park,
California, December 2020, WDID # 1 49C370212, Permit No. EP19-0004, prepared by
MacKay & Somps, 22 Sheets (Sheets C1 thru C22), and approved by the City Engineer
on March 10, 2021.
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F. Developer intends to file the final map for Phase 3B within the Vast Oak North Phase of
the University District Vast Oak Property, consisting of 120 single-family residential lots (the “Project”)
and wishes to begin the construction of the Vast Oak North Phase 3B infrastructure in advance of filing
the maps.
G. City and Developer desire to enter an agreement providing for the construction and
installation of the Improvements in accordance with the plans, specification and drawings described in
Recital D.
AGREEMENT
NOW, THEREFORE, in consideration of the faithful performance of the terms and
conditions set forth in this Agreement, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together
with the Project Approvals and the requirements of Chapter 16.16 of the RPMC, are hereby
incorporated into and form a material part of this Agreement
2. Purpose and Effective Date
2.1 Purpose. The purpose of this Agreement is to guarantee completion of the
Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the
Conditions for the Project.
2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above.
3. Property Subject to Agreement. The property which is the subject of this Agreement is
located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached
hereto (the “Property”).
4. Improvements
4.1 Duty to Install Improvements. Developer will design, construct, install and
complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense,
the Improvements, in accordance with the Improvement Plans (defined in Recital D. above) and to the
satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor
and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The
construction, installation and completion of the Improvements including all labor and materials furnished
in connection therewith are hereinafter referred to collectively as the "Work."
City shall not be responsible or liable for the maintenance or care of the Improvements until City formally
approves and accepts them in accordance with its policies and procedures. City shall exercise no control
over the Improvements until approved and accepted. Any use by any person of the Improvements, or any
portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance
of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are
completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be
limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers;
maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of
debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition
all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work,
but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City.
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If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work
necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety
under this Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in
writing of the deficiencies and the actions required to be taken by the Developer to cure the deficiencies.
Developer shall have thirty (30) days from the date of the notice within which to correct, remedy or cure
the deficiency. If the written notification states that the problem is urgent and relates to the public health
and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency.
City shall not be responsible or liable for any damages or injury of any nature in any way related to or
caused by the Improvements or their condition prior to acceptance.
4.2. Completion Date. Developer will complete the Work within one year of the
Effective Date or as required by the Conditions of Approval for the University District Vast Oak
Property, whichever is sooner. All Work will be completed in a good and workmanlike manner in
accordance with accepted design and construction practices. This completion date may be extended by the
City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by
a written assurance acceptable to the City Attorney that the securities required by Section 5 shall remain
enforceable throughout the term of the extension.
4.3. Estimated Cost of Work. The estimated cost of the Work is Vast Oak North –
Phase 3B (Wet Utilities): One Million, One Hundred Twenty-Seven Thousand, Two Hundred and Fifty
Dollars and No Cents ($1,127,250.00)
Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the
actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way
limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its
own cost, expense, and liability.
4.4. Modifications to the Plans. Approval of this Agreement by City does not release
Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at
any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are
deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as
necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted
design and construction standards.
4.5. Foreman or Superintendent. Developer shall give personal attention to the Work.
A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable
discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer
prior to commencement of the Work, shall be present on the Property during the performance of the
Work. Any change in the superintendent will require advance notification to the City Engineer and
concurrence of the City Engineer and the Engineer of Record for the Improvement Plans.
4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any
encroachment permits required by the City in order to perform the Work.
4.7. Inspection: All of the Improvements shall be constructed and installed to the
satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall,
at all times during the construction of the Improvements, have free access to the Improvements and shall
be allowed to examine and inspect the Improvements and all material used and to be used in the
Improvements to confirm compliance with City Plans and Specifications.
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4.8. Commencement of Construction and Inspection. Developer and its contractor
or subcontractors shall not commence construction of the Improvements until Developer has received
written authorization from City to proceed. Written authorization shall be in the form of signed
approved plans along with permit issuance, including any encroachment permit required to carry on
construction activities in the City's right-of-way as described in Section 4 .6. All work performed on
the Improvements shall be done in strict compliance with the City approved plans, specifications and
the contract documents and in a good and workmanlike manner. All work performed by Developer,
its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees
and costs to construct the Improvements shall be borne solely by Developer (including the applicable
Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City
or its employees or agents shall not relieve Developer of its liability for design defects or improper
or inadequate workmanship.
4.9. City's Inspection, Administration and Testing Costs. Developer shall pay to City
the actual cost for all inspection, administration and testing services furnished by City in connection with
this Agreement, including those performed by consultants under contract with the City (the "City Costs"),
in accordance with its reimbursement agreement with the City. City agrees not to double charge
Developer (through the imposition of both a processing fee and a consultant charge) for any individual
monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside
consultants to those reasonably necessary or desirable, as determined by the City Manager or his designee
in his reasonable discretion, to accomplish the requisite inspection, administration and monitoring.
4.10. No Waiver by City. Inspecting of the work and/or materials, or approval of work
and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies
with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments
thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this
Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the
failure to comply with this Agreement.
4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52,
Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into
the storm drainage system.
4.12. Prevailing Wages. The work of the Improvements does constitute a "public
work" as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations")
because the work is being paid for in whole or in part out of public funds. City and Developer
acknowledge that the construction of the Improvements is subject to the payment of prevailing
wages. Further, Developer agrees to defend, indemnify and hold City, its elected officials, officers,
employees, and agents free and harmless from any and all claims, damages, suits or actions arising
out of or incident to Developer's obligations under this section and the payment of prevailing
wages.
4.13. Contractor Licenses. All work performed on the Improvements shall be done
only by contractors licensed in the State of California and qualified to perform the type of work
required and comply with the City's Business License Ordinance.
4.14. Repair of Work Damaged During Construction. Developer agrees to repair or
have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or
private property damaged as a result of or incidental to the Work or in connection with the development
of the Property or to pay to the property owner of any damaged road, street or property the full cost of
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such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any
owner whose private property was repaired by Developer or to whom Developer has paid the full cost of
such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept
the Work completed under this Agreement until such time as all repairs have been completed or have
been paid for and written acceptances have been provided to the City Engineer, except as otherwise
provided in section 4.18.1.
4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor
or materials in connection with the Work. Developer further agrees that pursuant to Government Code
section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 6.1.2
of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said
liens are released by bond in compliance with Civil Code section 3143.
4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has
formally accepted the Improvements, Developer shall be solely responsible for all damage to the
work, regardless of cause, and for all damages or injuries to any person or property at the work
site, except damage or injury due to the sole negligence of City, or its employees. Developer
shall replace or repair any portion of the Improvements that have been destroyed or damaged
prior to final acceptance of completed work by the City Council or the City Engineer. Any such
repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer.
Developer shall repair to the satisfaction of the City Engineer any damage to the utilities systems,
concrete work, street paving or other public improvements that may occur in connection with the
Improvements work.
4.17. Completion of Work. After Developer (a) completes the Work in accordance
with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street,
or private or public property damaged as a result of the Work or pays the full cost of such repair to the
owner whose property was damaged and (c) obtains the written acceptance of such repair or payment
from any owner whose private property was repaired by Developer or to whom Developer paid the full
cost of such repair, Developer will provide City with a written notice of completion, together with copies
of all written acceptances.
4.18. Final Acceptance.
4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's
written notification pursuant to Section 4.17 above, City Engineer shall inspect the Work and repairs and
review the written acceptances, if any, and send Developer a written notice stating whether the Work and
repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether
the written acceptances have been provided. If the Work and repair are, in the opinion of the City
Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City
Engineer will list the deficiencies that must be corrected to find the Work and repair complete and
satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances,
the City Engineer will send Developer a written notice of satisfactory completion. The requirement for
written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer
has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond
to Developer's written notification within thirty (30) days will not be deemed a breach or default under
this Agreement.
4.18.2 Acceptance of Improvements. After sending Developer a written notice
of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of
the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation,
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the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for
the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements,
if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of
acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County.
4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing,
Developer expressly warrants and guarantees all work performed under this Agreement and all materials
used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of
the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement
or part of any Improvement installed or constructed, or caused to be installed or constructed by
Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the
Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair,
replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement
to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace
or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or
should the exigencies of the situation require repairs, replacements or reconstruction to be made before
Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform
the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such
repairs, replacements or reconstruction.
4.20. Record Drawings. Upon completion of the Improvements and prior to final
acceptance by the City Council, Developer shall deliver to City one electronic file, in a format
specified by the City Engineer, and one mylar copy of "as-built" drawings. These drawings shall be
in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of
California as to accuracy and completeness, and shall reflect the Improvements as actually
constructed, with any and all changes incorporated therein. Developer shall be solely responsible
and liable for ensuring the completeness and accuracy of the record drawings.
4.21. Ownership of Improvements. From and after acceptance of the
Improvements by formal action of the City Council, ownership of the Improvements shall be
vested exclusively in City.
5. Security.
5.1 Performance, Labor and Materials and Warranty Security. In accordance with
Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and
deliver to City, within the times set forth below, the following surety bonds, each of which must be issued
by a surety company duly and regularly authorized to do general surety business in the State of California,
or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney.
5.1.1 Performance Security. Developer shall furnish and deliver performance security
concurrently with the execution of this Agreement, which must meet the requirements of Government
Code Section 66499.1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be
acceptable to the City Attorney, in the amount of One Million, One Hundred Twenty-Seven Thousand,
Two Hundred and Fifty Dollars and No Cents ($1,127,250.00)
The security shall be conditioned upon the faithful performance of this Agreement with respect to the
Work and shall be released by the City effective upon the date of recordation of the notice of acceptance
of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security
described in Section 5.1.3.
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5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and
materials security concurrently with the execution of this Agreement which security must meet the
requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code
Section 16.16.070 and be acceptable to the City Attorney, in the amount of One Million, One Hundred
Twenty-Seven Thousand, Two Hundred and Fifty Dollars and No Cents ($1,127,250.00)
The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to
all persons furnishing labor, materials or equipment to them. The City shall retain each security until both
(i) the City accepts the Work in accordance with Section 4.18 above and (ii) the statute of limitations to
file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be
reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for
whom claims of lien have been recorded and notice given in writing to the City Council. The balance of
the security shall be retained until the final settlement of all such claims and obligations. If no such claims
have been recorded, the security shall be released in full by the City Engineer.
5.1.3. Warranty Security. Developer shall furnish and deliver warranty security in the
amount specified in section 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the
Improvements and prior to release of the Performance Security, in the amount of One Hundred Sixty-
Nine Thousand, and Eighty-Eight Dollars and No Cents ($169,088.00)
The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work
for a period of one (1) year following the date of recordation of the notice of acceptance of the
improvements against any defective work or labor done, or defective materials furnished.
5.2. Additional Security. If either upon execution of this Agreement or during the
course of performance the City considers that it is necessary to have Developer post additional security,
the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed
by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its
obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or
in the case of a surety bond require the sureties to perform the obligations of the Agreement.
6. Indemnity and Insurance.
6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its
elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from
and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims")
arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts,
omissions, or operations under this Agreement, including, but not limited to, the performance of the
Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors,
subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence
or willful misconduct of the City. This indemnification includes, without limitation, the payment of all
penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the
reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and
costs incurred by each of them.
The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or
approved plans and/or specifications for the Work or Improvements and regardless of whether any
insurance required under this Agreement is applicable to any Claims. The City does not and shall not
waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance
required under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive
the expiration or termination of this Agreement.
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Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth
here in this section from each and every contractor and sub-contractor or any other person or entity
involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event
Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be
fully responsible according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder.
6.2. Insurance. Developer shall maintain Commercial General Liability Insurance
protecting the City from incidents as to bodily injury liability and property damage liability that may
occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance
and endorsements to City before any Work commences. The insurance policy shall contain, or be
endorsed to contain, the following provisions:
(1) The City, its officers, elected officials, employees, consultants, agents and
volunteers are to be covered as additional insured’s as respects to liability arising
out of activities performed by or on behalf of Developer. The coverage shall
contain no special limitations on the scope of protection afforded to the City, its
officers, elected officials, employees, consultants, agents and volunteers.
(2) The amounts of public liability and property damage coverage shall not be less
than $3,000,000 (Three Million Dollars) per occurrence for bodily injury,
personal injury and property damage.
(3) The insurance shall be maintained in full force until the work has been completed
to the satisfaction of the City Engineer.
(4) The insurance policy shall provide for 30 days’ notice of cancellation to the City.
The policy shall not be cancelled earlier than nor the amount of coverage be
reduced earlier than 30 days after the City receives notice from the insurer of the
intent of cancellation or reduction.
(5) Any failure to comply with the reporting provisions of the policy shall not affect
the coverage provided to the City, its officers, elected officials, employees,
consultants, agents and volunteers.
(6) Developer's insurance coverage shall be primary insurance as respects the City,
its officers, elected officials, employees, consultants, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, elected officials,
employees, consultants, agents and volunteers shall be in excess of Developer's
insurance and shall not contribute to it.
(7) Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either: (a) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City, its elected officials,
officers, employees, agents, and volunteers; or (b) Developer and its contractors
shall provide a financial guarantee satisfactory to City guaranteeing payment of
losses and related investigation costs, claims, and administrative and defense
expenses.
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(8) Developer and Developer's insurance company agree to waive all rights of
subrogation against City, its officers, elected officials, employees, agents and
volunteers for losses paid under Developer's workers' compensation insurance
policy which arise from the work performed by Developer.
In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all
work must cease as of the cancellation date until replacement insurance coverage is provided.
6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be
provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their
subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required
by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full
force and effect.
6.4. Other Insurance Requirements. Developer shall:
(1) Prior to taking any actions under this Agreement, furnish City with properly
executed certificates of insurance which shall clearly evidence all insurance
required in this section and provide that such insurance shall not be canceled,
allowed to expire or be materially reduced in coverage except on thirty (30)
days prior written notice to City.
(2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein.
(3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements.
(4) Maintain all insurance required herein from the time of execution of this
Agreement until the acceptance of the Improvements.
(5) Place all insurance required herein with insurers licensed to do business in
California.
7. Breach of Agreement; Opportunity to Cure; Remedies.
7.1. Notice of Breach and Default. The occurrence of any of the following constitutes
a breach and default of this Agreement:
(1) Developer refuses or fails to complete the Work within the time set forth herein
or abandons the Work.
(2) Developer assigns the Agreement without the prior written consent of City.
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of
creditors, or a receiver is appointed in the event of Developer's insolvency.
(4) Developer or Developer's contractors, subcontractors, agents or employees, fail
to comply with any terms or conditions of this Agreement.
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(5) Any delay in the construction of any portion of the Work or repairs, which in the
reasonable opinion of the City Engineer, endangers public or private property.
The City may serve written notice of breach and default upon Developer and the financial institution
holding the security.
7.2. Breach of Agreement; Performance by City. If the City gives Developer notice,
under Section 7.1, of breach and default of this Agreement, the City may proceed to complete the Work
by contract or other method the City considers advisable, at the sole expense of Developer. Developer,
immediately upon demand, shall pay the costs and charges related to the Work and any subsequent
repairs. City, without liability for doing so, may take possession of and utilize in completing the Work
and repairs, if any, such materials and other property belonging to Developer as may be on or about the
Property and necessary for completion of the work. In the event of default, the financial institution
holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section
5.
7.3. Remedies. City may bring legal action to compel performance of this Agreement
and recover the costs of completing the Work and/or repairs, if any, including City's administrative and
legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement,
Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs
as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or
remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.
8. Miscellaneous.
8.1 Compliance with Laws. Developer shall fully comply with all federal, state and
local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own
cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay
all fees and taxes required by law and make any and all deposits legally required by those public utilities
that will serve the development on the Property. Copies and/or proof of payment of said permits,
licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request.
8.2. Notices. Formal written notices, demands, correspondence and communications
between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by
next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer
indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail,
postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands,
correspondence and communications may be sent in the same manner to such persons and addresses as
either party may from time-to-time designate by next day delivery or by mail as provided in this section.
City: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Manager
with a copy to: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Attorney
11
Developer: University District LLC,
500 La Gonda Way, #100
Danville, CA 94526
Attn. Kevin Pohlson
Notices delivered by deposit in the United States mail as provided above shall be deemed to have been
served two (2) business days after the date of deposit if addressed to an address within the State of
California, and three (3) business days if addressed to an address within the United States but outside the
State of California.
8.3 Attorney Fees. Should any legal action or arbitration be brought by either party
because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party
shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may
be determined by the court or arbitrator.
8.4. Entire Agreement. The terms and conditions of this Agreement constitute the
entire agreement between City and Developer with respect to the matters addressed in this Agreement.
This Agreement may not be altered, amended or modified without the written consent of both parties
hereto.
8.5. Runs with the Land; Recordation. This Agreement pertains to and shall run with
the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma
County.
8.6. Transfers; Assignments. Developer may assign its obligations under this
Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection
with any such assignment, Developer and its assignee shall execute and deliver to City a written
assignment and assumption agreement in a form acceptable to the City Attorney.
8.7. Time is of the Essence. Time is of the essence of this Agreement and of each and
every term and condition hereof.
8.8. Severability. If any provision of this Agreement is held, to any extent, invalid,
the remainder of this Agreement shall not be affected, except as necessarily required by the invalid
provision, and shall remain in full force and effect.
8.9. Waiver or Modification. Any waiver or modification of the provisions of
this Agreement must be in writing and signed by the authorized representative(s) of each Party.
8.10. Relationship of the Parties. Neither Developer nor Developer's contractors,
subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City
and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent
contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and
dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation
assumed by the Parties.
8.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and
conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto;
provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion
of the Property unless this Agreement has been assigned pursuant to Section 8.6, in which event this
Agreement shall remain binding upon Developer.
12
8.12. Governing Law; Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of California, without reference to choice of law provisions. Any
legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma,
State of California.
8.13. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
8.14. Interpretation. This Agreement shall be construed according to its fair
meaning, and not strictly for or against any party. No presumptions or rules of interpretation based
upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply
to the interpretation of this Agreement.
8.15. Headings. Section headings in this Agreement are for convenience only and are
not intended to be used in interpreting or construing the terms, covenants or conditions contained in this
Agreement.
8.16. Authority. Each party executing this Agreement on behalf of a party represents
and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to
bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee
has full right and authority to enter into this Agreement and perform all of its obligations hereunder.
8.17 Joint and Several Liability. University District and Vast Oak agree to and shall
be jointly and severally liable for all obligations of Developer under this Agreement.
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the
Effective Date.
"CITY"
CITY OF ROHNERT PARK, a California
municipal corporation
Dated: By:
City Manager
Per Resolution No. 2021-____ adopted by the Rohnert Park
City Council at its meeting of April 27, 2021.
ATTEST:
City Clerk
13
Dated:
"DEVELOPER"
University District LLC
A Delaware Limited Liability Company
By: ____________________________
Name:_______________________
Title:________________________
APPROVED AS TO FORM:
City Attorney
14
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
15
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
16
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
ITEM NO. ___7.A.______
1
Meeting Date: April 27, 2021
Department: Public Safety
Submitted By: Tim Mattos, Director of Public Safety
Prepared By: Tim Mattos, Director of Public Safety
Agenda Title: Consider Waiving the Second reading of, and Adopting Ordinance No. 954,
an Ordinance of the City Council of Rohnert Park Repealing and
Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit
the Sale and Use of Fireworks
RECOMMENDED ACTION:
Consider Waiving the Second reading of Ordinance No. 954; and adopting Ordinance No. 954,
an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the
Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks.
BACKGROUND:
On March 9, 2021 Public Safety Director, Tim Mattos presented a report to the City Council
regarding the sale and use of state-approved fireworks within the City of Rohnert Park. The City
of Rohnert Park has been one of only three cities in Sonoma County to allow for the personal use
of state-approved fireworks within the city for a limited time period annually from June 30th
through July 4th. Additionally, the City currently permits authorized non-profit organizations
who have operations inside city limits to sell state-approved fireworks during the same time
period.
At the completion of the presentation, the City Council requested staff bring forward an
ordinance banning the sale and use of State Approved fireworks in the City of Rohnert Park.
On April 13th, 2021 an ordinance was presented to the City Council, which would repeal and
replace Chapter 9.49 of the Municipal code, banning the use and sale of all State Approved
fireworks in the City. During the April 13th City Council meeting, a public hearing was
conducted, public comment was heard, and the City Council voted to move the ordinance
forward for adoption.
ANALYSIS:
The proposed ordinance will repeal and replace Chapter 9.49 of the Rohnert Park Municipal
Code. Currently the City of Rohnert Park Municipal Code allows for the sale and use of state-
approved fireworks from June 30th through July 4th. The proposed ordinance will prohibit the
use of state approved and illegal fireworks throughout the City.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. ___7.A.______
2
The new ordinance does contain the social host liability put in place in 2019 to address the
misuse of state-approved fireworks and the use of illegal fireworks. The social host liability will
continue to assist public safety in addressing the use of fireworks throughout the city.
In addition, the new ordinance contains the same fine/fee structure put in place in 2019, and
contains the ability to impose late fees consistent with Chapter 1.25 which was amended in 2020.
The new ordinance also allows licensed pyrotechnic displays within the City of Rohnert Park
provided they adhere to the requirements of Section 5608 of the California Fire Code and
permitted by the City’s fire official.
The ordinance before the City Council tonight differs slightly from the ordinance submitted on
April 13th, 2021 due to a correction in numbering within the document. No content changes
have been made, only grammatical and number corrections.
STRATEGIC PLAN ALIGNMENT:
The City’s vision statement is that Rohnert Park is a thriving, family-friendly community that is
a safe, enjoyable place to live, work, and play. The consideration of the City’s fireworks policy
intersects with both “Strategic Plan Goal C: Ensure the effective delivery of public services,” and
“Goal D: Continue to develop a vibrant community.”
OPTIONS CONSIDERED:
1. Council can adopt the new ordinance to ban the sale and use of state-approved fireworks
in the City of Rohnert Park.
2. Council could not approve the new ordinance, which would allow the sale and the use of
state-approved fireworks in the City of Rohnert Park to continue.
FISCAL IMPACT/FUNDING SOURCE:
The adoption of this Ordinance pertaining to the use of state approved safe and sane fireworks
will not have a negative fiscal impact on the City’s General Fund expenditures. The General
Fund will see decreased revenue funds as a result of the loss of permit fees and a 1% payment of
sales tax from the sale of safe and sane fireworks sales. The city received approximately
$25,000 in permit fees, and approximately $7,000 in tax revenue during the 2020-2021 fiscal
year as a result of safe and sane fireworks sales.
Department Head Approval Date: April 15, 2021
Finance Director Approval Date: N/A
City Attorney Approval Date: April 15, 2021
City Manager Approval Date: April 18, 2021
Attachments:
1.Ordinance 954
Ordinance No. 954 Page 1
ORDINANCE NO. 954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING AND REPLACING CHAPTER 9.49 OF THE ROHNERT PARK
MUNICIPAL CODE TO PROHIBIT THE SALE AND USE OF FIREWORKS
WHEREAS, pursuant to the police powers set forth in Article XI, Section 7 of the
California Constitution, the City of Rohnert Park (“City”) may make and enforce laws that
promote the public health, safety and general welfare of its residents; and
WHEREAS, by Ordinance No. 938, adopted November 26, 2019, the City of Rohnert
Park enacted Chapter 9.49 of the Rohnert Park Municipal Code to regulate the sale and use of
fireworks within the City of Rohnert Park. The City of Rohnert Park allowed the use and sale of
“safe and sane” fireworks during regulated hours, and imposes social host liability for use of
illegal fireworks, requires supervision of minors, and exposes violators to civil penalties in
addition to criminal penalties prescribed by state law; and
WHEREAS, on March 4, 2020, the Governor declared a statewide state of emergency
pursuant to Government Code section 8625 due to the existence and spread of COVID-19, and
on March 5, 2020, the City Manager, acting as Director of Emergency Services of the City of
Rohnert Park, proclaimed the existence of a local emergency due to the existence and spread of
COVID-19, which was subsequently ratified by the City Council of the City of Rohnert Park on
March 10, 2020 by Resolution No. 2020-24. In response to the threat of COVID-19, the Health
Officer of the County of Sonoma (“Health Officer”) issued numerous orders requiring all
residents to shelter in place except for certain essential activities, as did the State Public Health
Officer; and
WHEREAS, in response to the threat of COVID-19 and the use of fireworks, the City
Council of Rohnert Park adopted an urgency ordinance on June 2, 2020, Ordinance No. 948, to
minimize large gatherings by prohibiting the use of fireworks in commercial parking lots and to
impose further permit requirements related to the manner of the sale of safe and sane fireworks in
the City of Rohnert Park; and
WHEREAS, despite such controls, the City of Rohnert continues to experience significant
gatherings every year during the Fourth of July holiday period, where fireworks are used; and
WHEREAS, the use of fireworks, including the use of prohibited illegal fireworks, is
prevalent throughout the City of Rohnert Park during the Fourth of July holiday period every year,
and law enforcement responses to gatherings where fireworks are used cause a significant drain of
law enforcement resources and, in some cases, leave other areas of the City with inadequate law
enforcement protection; and
WHEREAS, large gatherings to set off fireworks result in conditions where illegal
fireworks are likely to be used, as large gatherings make it more difficult for law enforcement
officers to enforce prohibitions on illegal fireworks; and
WHEREAS, illegal and dangerous fireworks create a significant risk of fire, and
prohibiting the use of all fireworks in the City, including safe and sane fireworks, is necessary to
deter the use of illegal and dangerous fireworks; and
WHEREAS, the widespread use of any fireworks, including safe and sane fireworks,
increases litter deposited into the environment, as well as increases the risk of fire; and
Ordinance No. 954 Page 2
WHEREAS, the City is located in a climatic zone that places the City at significant risk
of large fires, as evidenced by such examples as the 2017 Tubbs and Nuns Fires, the 2019 Kincade
Fire, and 2020 Glass Fire, and the risk posed by wildfire is anticipated to magnify due to climate
change, further making action by the City of Rohnert Park to prohibit the use of all fireworks
necessary;
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Repeal and Replacement of Chapter 9.49 - Chapter 9.49 of the Rohnert
Park Municipal Code is hereby repealed, and replaced to read in its entirety as follows:
Chapter 9.49 - FIREWORKS REGULATIONS
9.49.010 - Purpose and scope.
A. The City of Rohnert Park has deemed the use of dangerous and safe and sane fireworks, as
defined in Health and Safety Code sections 12500, et seq., to pose a risk to public health and
safety, and prohibits the use of any kind of firework by members of the general public. The
provisions of this chapter are intended to regulate the use of all fireworks to provide for the
safety of the community and the prevention of fires.
B. This chapter provides for the regulation of the manufacture, transportation, possession, use,
and sale of fireworks within the City of Rohnert Park and the imposition, enforcement,
collection, and administrative review of administrative fines, related to the possession, use,
storage, sale and/or display of fireworks, including those classified as "dangerous fireworks"
and "safe and sane fireworks" as defined in California Health and Safety Code Sections 12500
et seq., with the exception of the use of fireworks with a pyrotechnic licensee when operating
pursuant to and accordance with the terms of that license;
C. The issuance of citations imposing administrative fines may be performed at the discretion of
the officials of the city authorized under this chapter; and the issuance of a citation to any
person constitutes but one remedy to redress violations of this Code by any person. By
adopting this chapter, the city does not intend to limit its authority to employ any other
remedy, civil or criminal, to redress any violation of this Code or state law by any person.
D. The imposition of fines related to "dangerous fireworks" under this chapter shall be limited to
persons who possess, sell, use and/or display, or the seizure of, twenty-five pounds or less
(gross weight) of such dangerous fireworks.
E. Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject
to Health and Safety Code Section 12706. However, the city shall provide cost reimbursement
to the state fire marshal for the transportation and disposal of "dangerous fireworks" seized
by the city where applicable. These costs will be included in addition to any administrative
fines imposed under this chapter.
9.49.020 - Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
Ordinance No. 954 Page 3
A. “Dangerous fireworks” shall mean dangerous fireworks as defined in Health and Safety Code
Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations,
Subchapter 6 which are hereby incorporated by reference.
B. “Fireworks” shall mean either dangerous fireworks or safe and sane fireworks.
C. “Pyrotechnic displays” means public firework displays or displays used in conjunction with
special effects, for motion pictures, theatrical and group entertainment productions operated
by a professional California state licensed pyrotechnician, provided such displays secure a
permit from the fire code official and meet all applicable requirements of California Health
and Safety Code.
D. “Safe and sane fireworks” and “state-approved fireworks” shall mean state-approved
fireworks defined in Health and Safety Code Sections 12529 and 12562 and the relevant
sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by
reference.
E. “Social host” means:
1. Any owner of private property as listed on the most recent assessment roll;
2. Any person who has the right to use, possess or occupy a public or private property under
a lease, permit, license, rental agreement, or contract; or
3. Any person who hosts, organizes, supervises, officiates, conducts, or sponsors a gathering
on public or private property, and if such person is a minor, then that person’s parents or
legal guardians.
F. “Strictly liable” means liable for a wrongful act irrespective of such person's intent,
knowledge, negligence or lack thereof in committing the wrongful act.
9.49.030 – Manufacturing and transport of fireworks.
The manufacturing and/or transportation of any fireworks is prohibited, except by a person who
has been issued a permit by the office of the state fire marshal or is otherwise permitted to do so
pursuant to provisions of state law, and such manufacturing or transportation is being performed
in compliance with applicable requirements of the California Fire Code and Vehicle Code. Travel
outside of state-approved routes shall be subject to the approval of a permit issued by the fire code
official in accordance with Health and Safety Code section 12652.
9.49.040 – Prohibition on possession, storage, sale or use of fireworks.
The possession, storage, sale and use of any dangerous or safe and sane fireworks, shall be
prohibited by any person throughout the City of Rohnert Park except when a permit is issued, in
advance, by the fire code official or his or her designee for the exceptions below:
(i) Storage and handling of fireworks in accordance with Section 5605 of the California
Fire Code.
(ii) The use of fireworks for pyrotechnic displays in accordance with Section 5608 of the
California Fire Code.
The prohibition on the possession of fireworks in this section shall not apply to manufacturing
and transportation activities permitted under section 9.49.030.
Ordinance No. 954 Page 4
9.49.050 - Supervision of minors.
A. It shall be unlawful for any person having the care, custody or control of a minor (under
eighteen years old) to permit such minor to discharge, explode, fire or set off any fireworks,
at any time.
B. Any person having the care, custody, or control of a minor shall be strictly liable for any
unlawful ignition, use, or discharge of any fireworks.
9.49.060 - Social host liability.
A. No social host shall suffer or permit any persons to use fireworks (1) on property that is either
owned by the social host or occupied or otherwise used by the social host pursuant to a lease,
permit, license, rental agreement, or contract, or (2) at any gathering on public or private
property that is hosted, organized, supervised, officiated, conducted, or sponsored by the
social host, except for pyrotechnic displays that are permitted in accordance with section
9.49.040.
B. It is the duty of any social host who knowingly hosts, permits, or allows any gathering to take
place to take all reasonable steps to prevent the use of fireworks by that social host’s guests
or invitees.
C. No social host shall, with respect to private property where fireworks are used, be liable for a
violation of this section if the social host can demonstrate that at the time of such violation the
social host (i) had rented or leased the property to another, (ii) was not present, and (iii) had
no prior knowledge of the violation.
D. No person who has the right to use, possess or occupy a unit in a multifamily residential
property under a lease, rental agreement or contract shall be liable under this section for
violations occurring in the common areas of the property.
E. Nothing in this section shall limit the liability of any social host for a violation of Section
9.69.040 or 9.69.050 by the social host.
9.49.070 - Enforcement.
A. This chapter shall be enforced pursuant to the procedures set forth in Chapter 1.25 of this
Code. The amount of the administrative penalty for violations of this chapter pertaining to
fireworks shall be governed by Section 9.49.080.
B. The fire code official or his/her designee shall enforce the provisions of this Chapter 9.49.
9.49.080 – Determining violations; Penalties for violations.
A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter
shall also constitute a violation of this chapter.
B. Each person who violates any provisions of this chapter by possessing, using, storing, and/or
selling, displaying of any dangerous firework, or violates sections 9.49.050 or 9.49.060 and
such violation involves dangerous fireworks, shall be subject to the imposition and payment
of an administrative fine of one thousand dollars per occurrence, a late charge of two hundred
fifty dollars if the fine is not timely paid in accordance with chapter 1.25.
C. Each person who violates any provisions of this chapter by possessing, using, storing, and/or
selling, displaying of any safe and sane fireworks or state-approved fireworks, or violates
sections 9.49.050 or 9.49.060 and such violation involves any safe and sane fireworks or state-
Ordinance No. 954 Page 5
approved fireworks, shall be subject to the imposition of payment of an administrative fine,
and a late charge if the fine is not timely paid in accordance with chapter 1.25, as provided
below:
Number of offenses in any
12 month consecutive
period
Amount of
administrative
penalty
Late
charge
Total amount of
penalty plus late
charge
First $250.00 $75.00 $ 325.00
Second $500.00 $150.00 $ 650.00
Third $750.00 $300.00 $1,050.00
D. In addition to such administrative penalties, each violator shall be liable for all costs incurred
by the office of the state fire marshal for the transportation and disposal of any fireworks
seized from the person. The costs incurred by the office of the state fire marshal will be
calculated based upon the regulations promulgated by that office. If those regulations have
not been adopted by the office of the state fire marshal at the time a person is cited for
possession of dangerous fireworks under this Code, the city will reserve twenty-five percent
of any fine collected under this provision to cover the actual cost of disposal to the office of
the state fire marshal.
E. Nothing in this section shall be intended to limit any of the penalties provided for under the
California Health and Safety Code or Penal Code with regard to the sale, use, possession,
delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein
are intended to be nonexclusive and are intended to be in addition to any other remedies
provided in this article or any other law, statute, ordinance or regulation.
Section 4. Environmental Review. The City Council finds the approval of this
ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen
with certainty that there is no possibility that the adoption of this ordinance may have a
significant effect on the environment. In the alternative, the City Council determines that the
basic purpose of this action is to prohibit the use of safe and sane fireworks in the City, which
will reduce litter and lessen the risk of fire, and therefore is an action for the protection of the
environment and is categorically exempt pursuant to CEQA Guidelines section 15308 (actions
by regulatory agencies for the protection of environment).
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Ordinance No. 954 Page 6
Section 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on April 13, 2021 and adopted by the Council of the City
of Rohnert Park on April 27, 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
___________________________
Gerard Giudice, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
ITEM NO. 7.B.
1
Meeting Date: April 27, 2021
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Jeffrey Beiswenger, Planning Manager
Agenda Title: Discussion and Direction General Plan – Racial, Social and Environmental
Justice Element
RECOMMENDED ACTION: Provide direction to staff on the proposed Racial, Social, and
Environmental Justice Element for the General Plan.
BACKGROUND: The City is in the process of preparing an update to its General Plan, which among
other things, must comply with Senate Bill 1000 (SB 1000). Approved in 2016, in response to
increasing concerns about vulnerable communities in California experiencing environmental injustice,
SB 1000 requires general plans adopted after January 1, 2018 to incorporate environmental justice
goals, policies, and objectives to address health risks in disadvantaged communities. SB 1000 requires
that local agencies adopt policies to address environmental justice by reducing unique or compounded
health risks in disadvantaged communities. Local agencies should consider policies that reduce
exposure to pollutants or other hazards, promote healthy habits, prioritize infrastructure improvements
and programs that address the needs of disadvantaged communities, and promote civic engagement in
the public decision-making process.
When the scope for the General Plan was set in early 2018, the City elected not to include a stand-
alone Environmental Justice Element, but rather to satisfy the legal requirements of SB 1000 within the
required Community Development Element of the General Plan. The current draft of the Community
Development Element includes two goals and a series of related policies to address environmental
justice. A copy of these draft goals and policies are included as Attachment 1 for reference.
At the City Council’s request, staff requested the General Plan consultant to provide an estimated cost
to prepare a standalone Racial, Social and Environmental Justice Element that would include a more
detailed community context narrative and additional goals and policies. The estimated cost to prepare a
short stand-alone element is between $5,000-$6,000. This cost can be accommodated within the
existing contingency for the General Plan Update.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 7.B.
2
The City’s General Plan consultant, Mintier Harnish, has recent experience developing a standalone
Racial, Social and Environmental Justice Element for the City of Los Gatos and is recommending
including the following content:
• An introductory narrative of Rohnert Park’s demographics with county and state comparisons
• A section defining key terms
• A section that would include racial and social justice goals and policies
• A section about environmental justice (similar to existing draft)
• A section about civic engagement (similar to existing draft)
• An implementation matrix that will outline recommended programs and timeframes for
implementation over the life of the General Plan.
Excerpts from the public draft of Los Gatos’s document have been included as Attachment 2 to this
staff report for Council’s review. Staff is requesting that Council confirm that proposed content is
consistent with its initial direction or, alternatively, provide additional direction on the desired content.
STRATEGIC PLAN ALIGNMENT: The General Plan update supports Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
FISCAL IMPACT/FUNDING SOURCE: The preparation of the Draft General Plan Document is a
task in the General Plan update contract, as authorized by the City Council on March 27, 2018
(Resolution 2018-042). The addition of a Racial, Social and Environmental Justice Element would
increase the cost by approximately $5,000 - $6,000, which can be accommodated within the approved
contingency. This will have no additional fiscal impact on the City.
Department Head Approval Date: 04/07/21
Finance Director Approval Date: 04/09/21
City Attorney Approval Date: N/A
City Manager Approval Date: 4/21/21
Attachments:
1. Environmental Justice Excerpt from the current City of Rohnert Park Community
Development Element
2. Selections from Los Gatos, draft Racial, Social and Environmental Justice Element
Community Development
Element
[Excerpt of Environmental Justice Element, remainder of Element not included]
Draft Policy Document | September 2020 Page 4-1
4
Environmental Justice
The State enacted Senate Bill 1000 (SB 1000) in 2016 in response to increasing concerns about vulnerable
communities in California experiencing environmental injustice. SB 1000 requires general plans adopted after
January 1, 2018 to incorporate environmental justice goals, policies, and objectives to address health risks in
disadvantaged communities. SB 1000 addresses environmental injustices by reducing unique or
compounded health risks in disadvantaged communities by reducing exposure to pollutants or other
hazards, promoting healthy habits, prioritizing infrastructure improvements and programs that address the
needs of disadvantaged communities, and promoting civic engagement in the public decision-making
process.
The City of Rohnert Park supports diversity and inclusion regardless of race or economic status. A unique
aspect of Rohnert Park is its association with the Federated Indians of Graton Rancheria (FIGR). In 2003, the
Tribe entered into an enforceable and binding agreement with the City of Rohnert Park to mitigate the
potential impacts of the operation of its proposed gaming facility and to establish mechanisms for sustained
charitable giving designed to benefit the City and the Tribe.
4. Community Development Element
Draft Policy Document | September 2020 Page 4-2
CD-15 To ensure that land use decisions benefit Rohnert Park residents, and
do not create a disproportionate burden to a community based on
location, income, race, color, national origin, or another demographic
feature. (Source: New Goal)
CD-15.1 Equitable Public Services
The City shall strive to equitably provide desirable public services and infrastructure to Rohnert
Park residents, including parks, recreational facilities, community gardens, and public safety
facilities. (Source: New Policy)
CD-15.2 Supportive Collaborations
The City shall continue to colloaborate with other organizations and groups to provide services
and programs for all Rohnert Park residents. (Source: New Policy)
CD-15-3 Environmental Protection
The City shall apply environmental protection measures equally among geographic and
socioeconomic neighborhoods. (Source: New Policy)
CD-15.4 Environmental Justice Considerations
The City shall consider potential adverse health and safety impacts associated with land use
decisions to reduce negative impacts upon residents from hazardous materials, industrial
activities, facility locations, design features, and other aspects that may negatively impact
health or quality of life for affected residents. (Source: New Policy)
CD-15.5 New Incompatible Land Uses
The City shall prohibit the introduction of new incompatible land uses and environmental
hazards into existing residential areas. (Source: New Policy)
CD 15.6 Placement of New Residential Uses
The City consider surrounding land uses and their impacts, prior to approving new re sidential
land uses.
CD-15.7 Negative Impacts from Potential Hazards
The City shall work to reduce or prevent negative impacts associated with environmental
hazards, including industrial and roadway-generated pollution. (Source: New Policy)
CD-15.8 Healthy Food Providers
The City shall encourage farmers’ markets and healthier food options, particularly near child-
oriented uses. (e.g., schools, family day care, parks). (Source: New Policy)
CD-15.9 Safe and Sanitary Housing
Through implementation of the Housing Element, the City will provide standards of
development that will result in housing within the Planning Area that is safe and sanitary.
(Source: New Policy)
4. Community Development Element
Draft Policy Document | September 2020 Page 4-3
Civic Engagement
Another key component of environmental justice pursuant to SB 1000 is identifying objectives and policies to
promote increased access to the public decision-making process. While technical analysis can provide
insight into the needs of an area, these practices can fall short without full participation by the individuals and
groups that will be most affected by a decision. These individuals and groups must have a seat at the table
to engage in meaningful dialogue and collaboration. The other major component of environmental justice is
ensuring that the planning, siting, development, and operations of public facilities and infrastructure does not
disproportionately harm an area by exposing the community to negative health effects, exposure to
pollutants or other hazards, or environmental degradation.
CD-16 To promote meaningful dialogue and collaboration between members
of disadvantaged communities and decision-makers to advance social
and economic equity. (Source: New Goal)
CD-16.1 Community Input
The City shall continue to facilitate opportunities for all residents, including disadvantaged
community residents and stakeholders, to provide meaningful and effective input on proposed
planning activities early on and continuously throughout the public review process.
(Source: New Policy)
CD-16.2 Communication Channels
The City shall continue to improve communication channels and methods for meaningful
dialogue between community members and decision-makers. (Source: New Policy)
CD-16.1 Times and Locations of Public Engagement Opportunities
The City shall aim to hold meetings, workshops, and other public engagement opportunities at
times and locations that make it convenient for disadvantaged community members to attend,
particularly stakeholders who are the most likely to be directly affected by the outcome.
(Source: New Policy)
CD-16.2 Variety of Public Communication Methods
The City shall continue to share public information across a variety of media, technological, and
traditional platforms, and languages based upon the demographics of the community.
(Source: New Policy)
2
Racial, Social, and Environmental Justice Element
November 2020 Public Review Draft 2-1
Like many other communities in the United States, Los Gatos has a history which includes racial injustice. Often,
racial injustice also leads to other forms of injustice, including social and environmental injustice. A number of
existing and former Town residents, who identify as Black, Indigenous, or People of Color (BIPOC), have come
forward during the 2020 Black Lives Matter protests and
subsequent Los Gatos community conversations to share
their experiences and provided suggestions for improving
inclusivity in Town. [Source: New Text]
The Town recognizes that it needs to increase its efforts to
ensure that all the members of the Los Gatos community
feel valued, safe, respected, and secure. Increasing
diversity and inclusivity involves enhancing community
engagement, considering the implications of Town
decisions for all members of the community, and being
open new approaches to meet the changing needs of Los
Gatos. [Source: New Text]
Los Gatos enjoys relative affluence compared with the rest
of California, and scores well in State-wide assessment
tools such as CalEnviroScreen 3.0 and the California
Healthy Places Index. Places and people of privilege have
a responsibility to maintain and increase their awareness
and understanding of social issues. This Element
represents a commitment to that responsibility. Making
progress toward racial, social, and environmental justice
can be difficult and requires all community members to
engage on these issues over a long period of time. As a
result, this Element includes goals, policies, and programs
that encourage and support local efforts to increase
participation in local governance processes and to improve
local awareness of racial, social, and environmental justice.
Although a General Plan, by itself, cannot make a
community more equitable, it can set up the framework to
empower residents to make progress towards equality .
[Source: New Text]
Race, Income, and Language in Los Gatos
As of 2018, the median Los Gatos household
income was $140,395; over a third of Town
households earned more than $200,000. Los
Gatos residents are also well-educated, where
67.4 percent of residents over 25 years of age
had at least a bachelor’s degree. Of those who
had at least a bachelor’s degree, nearly 45
percent also had a graduate or professional
degree. In 2018, the Los Gatos community was
82.8 percent White, 17.7 percent Asian, 8.4
percent Hispanic or Latino, 2.7 other (includes
American Indian and Alaska Native, Native
Hawaiian and other Pacific Islander, and some
other race), and 2.0 percent Black or African
American.
Asian residents comprised the largest minority
group in Los Gatos and tend to have higher
incomes and levels of educational attainment.
Among the Asian population in Los Gatos, those
of Chinese descent made up the largest group,
followed by East Indians. Although the minority
population has been growing, 94.8 percent of
residents speak English very well. Most
residents – 77.3 percent – also speak a
language other than English. Speakers of Asian
and Pacific Island (API) languages, however,
have the lowest rate of English fluency, over 40
percent of whom are 65 years of age or older.
Of working age adults (18-64 years old), over a
third of API language speakers have very low
English fluency.
ATTACHMENT 1
Public Review Draft Policy Document
2-2 Public Review Draft November 2020
The themes covered in this Element lay the foundation for creating a more equitable and inclusive Town for all
residents, businesses, visitors, and organizations of Los Gatos. Equity-oriented goals and policies can also be
found throughout the rest of the General Plan, including, but not limited to, the Housing Element, Mobility
Element, and the Healthy Community Section in the Land Use Element. [Source: New Text]
This element is divided into the following sections:
Section Title Page
Key Terms .............................................................................................................................................. 2
Racial and Social Justice ....................................................................................................... 3
Environmental Justice ............................................................................................................ 4
Civil Engagement in the Public Decision-Making Process .................................................... 5
Implementation Programs ...................................................................................................... 7
Key Terms
BIPOC. Acronym referring to Black, Indigenous, and Persons of Color.
Disadvantaged Community. An area identified by the California Environmental Protection Agency (CalEPA)
pursuant to Section 39711 of the Health and Safety Code or an area that is a low -income area that is
disproportionately affected by environmental pollution and other hazards that can lead to negative health effects,
exposure, or environmental degradation.
Environmental Justice. The fair treatment of people of all races, cultures, incomes, and national origins with
respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and
policies.
Equality. The state of being equal, especially in status, rights, and opportunities .
Equity. Fairness or justice in the way people are treated.
Implicit Bias. Attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious
manner, often based on characteristics such as race, ethnicity, age, and appearance.
Social Capital. The ability for residents to feel a sense of belonging in their community and to have a meaningful
connection to the place where they live.
Socially Disadvantaged Individuals and Groups. Socially disadvantaged individuals and groups who have
been subjected to prejudice or some form of discrimination or bias based on race, ethnicity, culture, sex, age,
sexual-orientation, immigration status, or some other bias within American society because of their identities as
members of groups and without regard to their individual qualities.
2. Racial, Social, and Environmental Justice Element
November 2020 Public Review Draft 2-3
Racial and Social Justice
This section includes goals and policies that seek to further racial and social justice efforts in the Town. While the
Town cannot immediately fix all injustices past and present, this section provides actionable efforts the Town can
implement in pursuit of a more racially and socially just Los Gatos. [Source: New Text]
The following goals and policies are intended to promote equality in Los Gatos.
Ensure equity, inclusion, and access to opportunities for all residents. [Source: New
Goal]
Service Delivery
Provide Town services and infrastructure investments to address any existing inequities .
[Source: New Policy]
Community Budgeting
Enage the community through mulitple participation opportunities in the Town’s budget process.
[Source: New Policy]
Institutional Bias
Continue to build organizational and institutional skills in all Town Departments to advance equity
and eliminate potential institutional and structural inequities and implicit bias. [Source: New
Policy]
Celebrate Town Diversity
Allocate resources in a manner that provides community programs that are appropriate to a wide
variety of ages, interests, and backgrounds to celebrate Los Gatos’ cultural diversity.
[Source: New Policy]
Respect, protect, promote, and fulfill the civil and human rights of all, including but
not limited to low-income persons, BIPOC, and LGBTQ+. [New Goal]
Culturally Informed and Competent Services
Ensure that the Town’s strategies, practices, services, and materials are culturally informed and
competent for a diverse population. [Source: New Policy]
Socially Disadvantaged Populations
Ensure that new policies, services, and programs improve the liv es of community members and
avoid displacement of those more vulnerable to poor health outcomes. [Source: New Policy]
Diverse Representation
Seek diverse representation on all Town boards, committees, and commissions . [Source: New
Policy]
Advancing Racial Equity Work
Encourage appointed Town boards, committees, and commissions to advance the Town’s racial
equity work. [Source: New Policy]
Public Review Draft Policy Document
2-4 Public Review Draft November 2020
Workforce Development
Collaborate with public and private universities, colleges, and technical schools to support
innovation and the development, training, and retention of a skilled workforce. [Source: New
Policy]
Diversity Training
Support diversity training for landlords and business-owners in Los Gatos, which includes implicit
bias training. [Source: New Policy]
Environmental Justice
CalEnviroScreen 3.0 indicates that Los Gatos does not have any disadvantaged communities as defined by State
law. The Town, however, is committed to improving the well-being of all Los Gatos residents. Environmental
justice objectives and policies seek to reduce health risks by minimizing pollution exposure, improving air quality,
and promoting better access to public facilities, healthy food, and safe and sanitary homes . [Source: New Text]
The following goals and policies will guide the incorporation of environmental justice for all citizens of Los Gatos.
Ensure that land use decisions benefit all Los Gatos residents, and do not create a
disproportionate burden to any neighborhood based on location, income, race,
color, national origin, or another characteristic. [Source: New Goal]
Environmental Justice
Evaluate and avoid, reduce, or mitigate potential adverse health and safety impacts associated
with land use decisions and provide for the fair treatment and meaningful involvement of all
people regardless of income, race, color, national origin, or another characteristic . [Source: New
Policy]
Negative Impacts from Potential Hazards
Reduce negative impacts associated with environmental hazards, including, but not limited to,
industrial operations and roadway-generated air and noise pollution, through the enforcement of
additional project specific mitigations for all development. [Source: New Policy]
Coordination on Siting of Utilities
Coordinate with utility providers in the siting, site layout, and design of gas and electric facilities,
including changes to existing facilities, to minimize environmental, aesthetic, and safety impacts
on existing and future residents. [Source: New Policy]
Ensure all residents have access to healthy foods, schools, parks/recreation
areas/open spaces, medical services, and other amenities. [Source: New Goal]
Acceptance of Government-Issued Vouchers
Coordinate with Farmer’s Market vendors and local food retailers to accept payment through
Electronic Benefit Transfer (EBT), which allows residents in the Supplemental Nutrition
Assistance Program (SNAP) and the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC) to purchase food with their program benefits. [Source: New Policy]
2. Racial, Social, and Environmental Justice Element
November 2020 Public Review Draft 2-5
Regulations Allowing Healthy Foods
Ensure the Zoning Ordinance and other regulations allow for increased access to healthy foods
by all residents (e.g., healthy food retail outlets, community gardens, farmers markets), while
discouraging unhealthy choices (e.g., fast food chains) around vulnerable p opulations.
[Source: New Policy]
Access to Community Assets
Determine and address any gaps between neighborhoods, commercial service areas, recreation
facilities, education, medical services, and other community assets in the Town to provide
equitable access to these assets and facilitate physical activity in everyday life. [Source: New
Policy]
Evaluation of Capital Projects
Ensure equitable investment in capital improvements Town-wide. [Source: New Policy]
Non-Profit Partnerships
Work with non-profit and governmental sectors to provide access to homeless, rental assistance,
food assistance, and other poverty alleviating programs and services . [Source: New Policy]
Additional policies relating to healthy communities are covered in Section 3.10 (Healthy Community)
in the Land Use Element.
Ensure safe and sanitary homes. [Source: New Goal]
Code Violation Enforcement
Continue to enforce municipal and State code violations that compromise the safety of homes
and the health of its residents. [Source: New Policy]
Civil Engagement in the Public Decision -Making
Process
Racial, social, and environmental justice efforts must be bolstered by a strong culture of civ il engagement in the
Town’s decision-making processes. Studies have shown that well-rounded public engagement processes
increase social capital in projects and promote equitable community development. This section is devoted to
goals and policies that build social capital through engagement and empowerment of the public, while
emphasizing public participation, transparency, and inclusion. [Source: New Text]
Policies within this Section are specifically designed to enhance communications to underrepresented
populations. General civic engagement in planning is covered in Section 3.8 (Civic Engagement) in
the Land Use Element.
The following goal and policies will guide inclusive public decision-making processes.
Public Review Draft Policy Document
2-6 Public Review Draft November 2020
Engage the public in Town decision-making and facilitate the public’s involvement
in civic life. [Source: New Goal]
Community Capacity-Building
Collaborate with local organizations and partners to build and strengthen historically marginalized
communities’ capacity to participate in local planning, governmental affairs, and policy decision -
making. [Source: New Policy]
Leadership Development
Support leadership development programs for youth and adults to enhance effective engagement
in Town processes, including but not limited to planning, land use, and budgeting. [Source: New
Policy]
Opportunities to Communicate with Town Leaders
Encourage creative approaches to communicate with the community and provide more
opportunities for the community to engage with Town staff, such as “Coffee with Town Leaders.”
[Source: New Policy]
Facilitate a Culture of Inclusion and Compassion
Work with non-profit, faith, education, and other community-based partners to facilitate a culture
in Los Gatos of inclusion, empathy, compassion, acceptance, and unity. [Source: New Policy]
Transparency and Public Participation Opportunities
Facilitate transparent Town decision-making processes through enhanced public outreach,
engagement, and participation. [Source: New Policy]
Event Scheduling
Schedule Town events during different times of the day and week (e.g., daytime/evening,
weekday/weekend). [Source: New Policy]
Services at Events
Provide childcare and translation services at public events, as necessary. [Source: New Policy]
Circulation Element Study Session | March 23, 2021City Council
1
Circulation Element Study Session | March 23, 2021
Should the General Plan include an
Element (Chapter) on Racial, Social
and Environmental Justice?
2
Circulation Element Study Session | March 23, 2021
1999 California Government Code Section 65040.12(e)/SB 115:
“The fair treatment of people of all races, cultures, and incomes with respect
to the development, adoption, implementation, and enforcement of
environmental laws, regulations, and policies.”
2001 AB 1553: required OPR to provide guidance regarding EJ
considerations –included in 2003 General Plan Guidelines
2016 SB 1000
•Requires identification of disadvantaged communities
•Requires environmental justice goals, policies, and objectives in the GP
3
Circulation Element Study Session | March 23, 2021
3 identified communities in Rohnert Park
•CalEnviroScreen 3.0
•MTC Community of Concern
CalEnviroScreen results should be considered
with caution (large Census Tracts outside City)
Potential pollution issues include:
•Drinking water contaminants*
(2017 Water Quality Report reports no water
quality violations)
•Groundwater threats
•Impaired water bodies
•Proximity to solid waste facilities
4
Circulation Element Study Session | March 23, 2021
Pollution Burdens
Access to Public Facilities
Food Access
Safe and Sanitary Housing
Physical Activity
Civil Engagement
5
Circulation Element Study Session | March 23, 2021
Project
Initiation
1
General
Plan
5
Existing
Conditions
2
Visioning
& Issues
3
Alternatives
4
Adoption
7
Program
EIR
6
6
•PC Study Sessions
•CC Study Sessions
•Community Workshop
•PC Study Session
•CC Study Session
•Community Workshops
•PC Study Session
•CC Study Session
•Community Open House on
the Draft General Plan
•Scoping Meeting
•Town Hall Meeting
•PC Hearing
•CC Hearings
•Final General Plan
•Adoption Hearing
California Attorney
General Recommends
Workshop on the Topic
of Environment Justice
within Impacted
Neighborhoods
Circulation Element Study Session | March 23, 2021
Where in the General Plan is the appropriate place to highlight these
issues?
•Sub-topic in the Community Development Element; or
•Stand-Alone Chapter?
What are the concerns that should be highlighted in the General Plan?
Staff recommends the creation of a Racial, Social and Environmental
Justice Element for the 2040 General Plan
7
ITEM NO. 7.C.
1
Meeting Date: April 27, 2021
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Jeffrey Beiswenger, Planning Manager
Agenda Title: Discussion and Direction on General Plan Update – Circulation Element
RECOMMENDED ACTION: Receive a presentation and provide direction to staff on the Draft
General Plan Circulation Element.
BACKGROUND: The City Council has reviewed the draft Introduction, Community Development,
and Economic Development Elements of the General Plan update. Staff is now requesting City
Council review and provide direction on the Circulation Element, which has been reviewed by the
City’s Bike and Pedestrian Committee (BPAC) and Planning Commission (PC). Future study sessions
are planned to discuss the remaining draft elements of the General Plan including Public Facilities,
Resource Conservation, Health & Safety, Climate Change and Racial, Social and Environmental
Justice.
After review of the all draft elements, a complete public review draft of the General Plan will be
released. Presentations are planned for community groups and organizations during the review and
comment period for the draft General Plan
ANALYSIS: Staff, along with the traffic consultants for the General Plan, Fehr and Peers, will be
providing an overview presentation of the Circulation Element. The discussion will focus on proposed
new goals and policies.
The single largest change impacting the Circulation Element is the shift from using a level of service
analysis to set policy to using a Vehicle Miles Traveled analysis to set policy for the circulation system
and to evaluate the environmental impacts of the development contemplated by the General Plan.
“Level of Service (LOS)” measures the performance of a circulation system on a scale from A (free
flowing traffic) to F (completely congested traffic). Goals and policies have traditionally been set to
maintain traffic flow. With the passage of Senate Bill 743 in 2013, local agencies are now required to
evaluate the circulation system based on Vehicle Miles Traveled (or VMT), a metric which holistically
seeks to reduce vehicle miles traveled through changes in land use, creation of improved bike and
pedestrian facilities, and encouraging the use of alternative travel mode choices (transit, walking,
biking, carpooling etc.). The VMT-based analysis also helps ensure that circulation system policies
generally help to reduce greenhouse gas (GHG) emissions. Maintaining LOS A, B or C may be
counterproductive to accomplishing VMT and GHG reduction goals, because when streets are widened
to facilitate automobile traffic, there may not be adequate right of way for bicycle, pedestrian and
transit facilities and because if automobile travel is the fastest way to accomplish particularly short
trips, it can discourage the use of alternate modes of transportation.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 7.C.
2
LOS is defined as follows:
A. LOS A (Free Flow). Traffic flows at or above the posted speed limit and motorists have
complete mobility between lanes
B. LOS B (Reasonably Free Flow). LOS A speeds are maintained, maneuverability within
the traffic stream is slightly restricted.
C. LOS C (Stable Flow). Ability to maneuver through lanes is noticeably restricted and
lane changes require more driver awareness.
D. LOS D (Approaching Unstable Flow). Speeds slightly decrease as traffic volume
slightly increases.
E. LOS E (Unstable Flow, operating at capacity). Flow becomes irregular and speed
varies. Very few gaps in traffic stream and speed rarely reach limit.
F. LOS F (Forced or Breakdown Flow). Every vehicle moves in lockstep with the vehicle
in front of it, with frequent slowing required (“traffic jam”).
In addition to a measurement of traffic flow, LOS is also an important measurement of wait time at
intersections (both signalized and un-signalized).
Outside the Central Rohnert Park Priority Development Area, the City’s current LOS standard is
generally LOS C, with an exception that allows for a lower service levels when improvements are not
feasible. Circulation Element Policy C.1.4 proposes to change the standard to LOS D. The difference
between LOS C and D is 10 to 20 seconds of wait time at intersections during peak hour. The change
is proposed for the reasons listed below.
• It will reduce the need for roadway widening projects. At LOS C, corridors and intersections
may be less suitable for bicycles and pedestrians, since more vehicle lanes and/or turn lanes
may be required.
• Maintaining LOS C can be expensive since roadway and intersection widening projects are
typically more expensive than multi-modal enhancements, particularly if additional right-of-
way is required.
• It will encourage alternative modes of transportation that reduce VMT by making driving
during peak hours somewhat less convenient.
• It will likely result in fewer significant impacts in the General Plan EIR because it promotes
reduced VMT.
While the City may still use Level of Service ratings as a tool to support the design of roadways and
intersections, poor level of service on its own will not generally be considered an adverse
environmental impact.
ITEM NO. 7.C.
3
In addition, the California Complete Streets Act of 2008 requires that Rohnert Park plan a multimodal
transportation network that allows for effective travel by motor vehicle, foot, bicycle, and transit to key
destinations within the community and the larger region. The law emphasizes the construction of
public improvements that accelerate the development of a balanced, multimodal transportation
network. Rohnert Park’s current General Plan has a number of goals and policies that anticipated the
Complete Streets Act and the draft Circulation Element proposes to continue the City’s commitment to
improving mobility whenever possible and feasible when capital improvement projects are considered.
The Circulation Element also provides a policy framework to address emerging trends in the
transportation sector including the market penetration of Mobility-as-a-Service (MaaS) or
Transportation Network Company (TNC) providers such as Uber and Lyft, provision of shared
mobility or micromobility enterprises such as bike-share and scooter-share, and advances in
transportation technology including electrification of vehicles and autonomous vehicles. These
emerging trends will continue to influence travel choices within Rohnert Park, which in turn can alter
infrastructure needs. New policies will help prepare Rohnert Park for these emerging trends.
This element includes eight sections that each include goals and policies related to a circulation.
Highlight of each section are presented below.
• Roadway Network – This section describes Rohnert Park’s overall roadway network and
includes policies to support:
o Maintaining a safe and efficient roadway network;
o Coordinating with regional agencies on transportation improvements outside city limits;
o Maintaining mobility along major street segments and at major intersections; and
o Providing an interconnected and efficient street network that facilitates mobility around the
City.
• VMT Reduction –Policies in this section support strategies to reduce vehicle miles traveled,
traffic congestion, air pollution, and adverse community health effects. Key policies to reduce
auto dependency include:
o Support to SCTA in establishing a regional VMT mitigation bank;
o Impose development review requirements for VMT;
o Adopt Transportation Demand Management (TDM) strategies;
o Plan for Car and bike share opportunities; and
o Encourage last mile solutions.
• Complete Streets – This section builds on the solid foundation in Rohnert Park’s current
General Plan and includes policies that encourage:
o Development of a transportation network that allows for safe and convenient travel for all
users;
o Existing right-of-way repurposing;
o Intersection accommodations for pedestrians; and
o Alternative travel modes.
• Pedestrian and Bicycle Circulation – Rohnert Park’s transportation network includes an
extensive network of pathways for pedestrians and bicyclists and the Circulation Element
recognizes these assets. Policies include:
o Support pedestrian and bicycle improvements in central Rohnert Park;
o Separate bike and pedestrian crossings;
o Encourage bicycle and transit connections and parking;
ITEM NO. 7.C.
4
o Develop Regional bicycle network connections;
o Promulgate bikeway design standards; and
o Implement bicycle and pedestrian improvements through the Capital Improvement
Program.
• Safety – It is important that users of the transportation system feel safe while traveling on it.
Especially for pedestrians and bicyclists, feeling unsafe can deter use of alternative
transportation modes. To ensure that students, residents, employees, and visitors are willing to
travel by means other than the automobile, it is critical to support and facilitate a safe and
comfortable environment for all users. New policy areas include:
o A safe roadway approach that develops safety related improvements to address areas of
safety concerns;
o Bicycle and pedestrian education and outreach;
o Bicycle network comfort considerations; and
o Investment in a local roadway safety plan.
• Transit –Since the last General Plan update, Sonoma-Marin Area Rail Transit (SMART) began
providing service to the City. The City is also served by Golden Gate Transit, Sonoma County
Transit, and paratransit service (Rohnert Park Sunshine Bus). Transit will continue to evolve
over the life of the general plan. Actions to provide “first and last mile” connections will be
critical in the success of transit systems. Efficiency and coordination between providers will
also be critical. Policies that support development of a flexible transit system include: :
o Facilitate transit improvements and connections, with a focus on emerging mobility
technologies, to create better connections to destinations around the city and between travel
modes;
o Encourage transit ridership to support a sustainable transportation system; and
o Promote local and regional public transit serving Rohnert Park
• Parking and Evolving Technology – Parking supply and other supporting infrastructure at a
traveler’s destination can substantially influence travel behavior. Parking and infrastructure
standards in Rohnert Park have largely been focused on accommodating a high automobile,
drive alone modal preference. Over the life of the General Plan, parking and mobility trends
will continue to evolve. The primary goal of this section is to provide a Citywide
comprehensive parking system that works with alternate modes of transportation. Policies
related to this goal include:
o “Right-Sizing” of parking lots to meet demand;
o “Park Once” strategy in central Rohnert Park;
o Encourage Park and Ride activity;
o Encourage shared parking strategies;
o Implement variable parking standards that reflect expected level of parking demand;
o Reevaluate minimum parking standards; and
o Encourage the conversion of underused parking lots.
A secondary goal of this section is to promote and support the use of electric vehicles for
residents, employees and visitors. Policies related to this goal include:
o Require electric vehicle charging stations for commercial and residential projects;
o Incentivize new electric vehicle charging in existing developments;
o Transition of the city vehicle fleet to vehicles that use alternative fuels; and
o Parking preference for hybrid and electric vehicles
ITEM NO. 7.C.
5
A third goal of this section is to respond to evolving and emerging transportation trends and
technologies. Policies related to this goal include:
o Encourage shared mobility and micromobility options;
o Review of autonomous vehicle integration into the transportation system; and
o Use of curb space management techniques in central Rohnert Park.
• Freight Rail and Goods Movement – The rail line that runs through Rohnert Park has
historically been used for freight service, and more recently for passenger service. Freight rail
service currently runs along the rail line from Windsor in the north to points east (via the wye
in Novato), with future extensions north of Windsor possible in the future. The primary goal of
this section is to promote the safe and efficient movement of goods through the city to support
business and commercial activity. Policies related to this goal include:
o Identification of preferred truck routes;
o Engage with SMART to facilitate the safe and efficient movement of goods by rail through
the city; and
o Engage with SMART to maintain the quiet zone through Rohnert Park.
At the end of the Circulation Element is the Implementation Matrix. Implementation measures are
listed in this matrix that will help achieve the policies and goals. The timing for when work on the
implementation will commence is also included.
Staff is seeking Council feedback on the proposed element, goals, policies and implementation
programs.
SUMMARY OF BPAC AND PC INPUT: A joint meeting with the BPAC and PC was held on
March 25, 2021 to discuss the draft Circulation Element. The BPAC also met on November 23, 2020
to focus on the bicycle system map, which is included within the Circulation Element. The following is
a summary of specific comments:
• Low Impact Development (LID). The BPAC and PC discussed the importance of low impact
development (LID) and “green infrastructure” strategies for controlling storm water. Proposed
Policy C-4.2 requires that streets be designed as “complete streets” including low impact
development features. This is also a requirement of the City’s Municipal Separate Storm Sewer
System (MS4) permit issued by the North Coast Regional Board.
• EV Parking. The need for publically accessible Electric Vehicle parking and charging was
discussed. EV charging should be available to visitors arriving from out of town and could help
the city be a more compelling location for sporting events. Proposed Policies C-11.11 and C-
11.12 address EV charging stations.
• Changes to bicycle system map. The BPAC and PC recommended minor changes to the bicycle
system maps. These are highlighted on the attached map for Council’s consideration.
• Highway 101 Bike/Ped overcrossing: The overcrossing of Highway 101 at Copeland Creek was
highlighted as an important project. Proposed Policy C-6.2 emphasizes the City’s commitment
to this crossing.
• Wider Sidewalks / Improved Pedestrian Environment. The BPAC and PC recommend that
sidewalks be wider, bicycles are kept separate from pedestrians, and improvements are made to
create a more attractive environment for walking. Proposed Policy C-6.9 provides direction to
develop pedestrian friendly sidewalk design standards.
• Sonoma State, Traffic and Parking Impacts. Students have too many cars and impact
neighborhoods. The City should partner with SSU to address these issue. The bike share
ITEM NO. 7.C.
6
program was mentioned as a good idea. Proposed Policies C-10.1 through C10-.9 provide a
wide variety of policy options that can be used address a wide range of parking issues.
• Traffic Impacts from Casino. The high volume of traffic to the Casino was mentioned as an
impact to be studied. The General Plan EIR will include the Casino in its traffic modeling and
recommend mitigation measures if appropriate.
• Impact from Heavy Trucks. The impact of heavy trucks was mentioned as a concern. While
economic development is a good thing, the expected increase in heavy truck traffic could
damage roads and this should be considered as an impact. Proposed Policy C-13.1 continues
the City’s commitment to identifying and enforcing truck routes so that roadways can be
designed appropriately and truck traffic can generally avoid local streets.
Overall, both the BPAC and PC expressed support for the Circulation Element as written. Issues
related to traffic, parking and truck impacts will be reviewed and ideally mitigated through the General
Plan EIR process.
STRATEGIC PLAN ALIGNMENT: The General Plan update supports Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact associated with this item.
The preparation of the Draft General Plan is a task in the General Plan update contract, as authorized
by the City Council on March 27, 2018.
Department Head Approval Date: 04/09/21
Finance Director Approval Date: N/A
City Attorney Approval Date: N/A
City Manager Approval Date: 4/21/21
Attachments:
1. Circulation Element
Circulation Element
Administrative Draft Policy Document | Page 4-1
5
The Circulation Element identifies goals, policies, and programs that will implement Rohnert Park’s vision for
the citywide transportation system and its connection to regional transportation facilities. The Circulation
Element also provides the goals, policies and implementation actions that will support the City’s compliance
with the state mandated requirements to consider and make efforts to reduce the vehicle miles traveled
(VMT) in the community.
The Circulation Element supports a multi-modal transportation system that serves the mobility needs of all
residents and manages auto traffic congestion as the city grows and changes. Policies in the Circulation
Element will continue the City’s commitment to a “Complete Streets” strategy in order to provide residents
with a range of options for travel to work, shopping, and leisure destinations. The Complete Streets Act of
2008, defines complete streets as roadways that are planned, designed, constructed and maintained to
provide safe mobility for all users regardless of age and physical ability, including pedestrians, bicyclists,
motorists, and public transportation riders as appropriate to the function and context of the facility. Besides
improving access and mobility options, Complete Streets policies provide public health benefits.
Transportation infrastructure that promotes everyday physical activity such as walking and biking,
sometimes referred to as “active transportation,” addresses sedentary behavior, which is a shared risk factor
for obesity and other chronic diseases.
The Circulation Element addresses the City’ existing and planned for bike and pedestrian circulation,
including dedicated bicycle and pedestrian paths. The existing and planned path network facilitates
pedestrian and bicycle access to sites throughout the city, allowing for greater choice in transportation
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modes and improved recreational amenities. The Element also addresses Transit Services and the
interconnection between the City’s local multi-modal network and regional transit services.
The Circulation Element also provides a policy framework to address emerging trends in the transportation
sector including the market penetration of Mobility-as-a-Service (MaaS) or Transportation Network Company
(TNC) providers such as Uber and Lyft, provision of shared mobility or micromobility enterprises such as
bike-share and scooter-share, and advances in transportation technology including electrification of vehicles
and autonomous vehicles. These emerging trends provide opportunities to improve connections between
neighborhoods and to provide “last mile” solutions that connect transit hubs (such as the SMART station) to
trip origin points (a resident’s home) and final destinations (such as Sonoma State University or the City’s
business and commercial areas). These emerging trends will continue to influence travel choices within
Rohnert Park, which in turn can alter infrastructure needs. New policies will help prepare Rohnert Park for
these emerging trends.
Finally, the Circulation Element also acknowledges that goods movement is critical to keep businesses and
cities functioning. Strategies to improve goods movement efficiency also offer potential solutions for
improving safety, managing roadway congestion, and reducing the impacts of associated nuisances on
sensitive populations. Policies in this section encourage strategic placement of truck routes and freight
schedules to minimize negative impacts to the community.
Since the last general plan update, California has changed the way that environmental impacts associated
with the circulation system are defined and analyzed under the California Environmental Quality Act (CEQA).
The traditional measure of circulation system performance has been Level of Service (LOS). LOS rates
roadway traffic flow characteristics from Level A (free flowing traffic) to Level F (gridlock) and serves as an
indicator of the performance of the circulation system. Poor LOS (typically Levels D, E and F) has historically
been defined as an environmental impact requiring mitigation. On July 1, 2020, Senate Bill 743 became
effective and now requires that total vehicle miles traveled (VMT) replace LOS as the basis for determining
environmental impacts and the need for mitigation. VMT is a measure of the amount of travel for all vehicles
in a geographic region. This change shifts the focus of environmental mitigation from widening roadways and
intersections to reducing the total vehicle travel within a community. While the focus of environmental
mitigation will change, state law permits the City to use LOS standards and policies when evaluating
development projects and planning transportation improvements. As such, this Circulation Element includes
goals and policies that support both congestion relief and reduction of total vehicle miles traveled.
Section Title Page
Roadway Network ......................................................................................................................... 3
Vehicle Miles Traveled (VMT) Reduction Strategies .................................................................... 8
Complete Streets ........................................................................................................................ 10
Pedestrian and Bicycle Circulation ............................................................................................. 12
Safety .......................................................................................................................................... 16
Transit Options ............................................................................................................................ 17
Parking and Evolving Technology .............................................................................................. 24
Freight Rail and Goods Movement ............................................................................................. 27
Implementation Programs ........................................................................................................... 28
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Roadway Network
Roadway Network and Classification
Rohnert Park’s roadways provide access to employment areas, shopping centers, schools, recreational
facilities, and residential communities. Connections among different types of roadways play an important
role in facilitating travel within and beyond the City. Roadways also facilitate goods movement.
The roadway classification system groups streets and highways into classes according to the type of service
they are intended to provide, based on how they facilitate mobility and access to the different types of
development permitted under the General Plan. Each jurisdiction that owns or operates a network of streets
adopts a set of terms used to define the function of each street. Street types in Rohnert Park include major
arterial, minor arterial, major collector, minor collector, and local streets. Figure 5-1, the Circulation Diagram,
illustrates the location of all classes of roadways.
Freeways
The only freeway in Rohnert Park is US Highway 101 (US 101), a Federal Highway that bisects the city and
serves as the main regional connection to cities to the north and south along the West Coast of the United
States.
State Highways
State highways are intended to have limited access and moderate to high travel speeds. State Route (SR) 116
intersects US 101 in the City of Cotati just south of Rohnert Park and serves to connect Rohnert Park with
Sebastopol and Petaluma to the south.
Major Arterials
Major arterials in Rohnert Park are four to six lanes (two to three lanes in each direction) and accommodate
high volumes of traffic. They provide circulation between neighborhoods, activity centers, and highways and
other regional routes. Intersections with local streets are permitted, when they meet certain distance criteria
and support access between neighborhoods. Major arterials have signal preference and synchronization and
the City’s policy is to connect all signals on major arterials to Rohnert Park’s Automated Traffic Management
System (ATMS). On-street parking is not allowed. The design standard for major arterials includes sidewalks,
which should be separated from the roadway with a landscape strip to reduce pedestrian stress. Pedestrian
crossings occur at signal protected intersections. Where feasible, bicycle facilities are incorporated within
the roadway or adjacent to the roadway on a multi-use path. Major Arterials include:
• Southwest Boulevard (east of Country Club)
• East Cotati Avenue
• Rohnert Park Expressway
• Redwood Drive
• Commerce Boulevard (portion, north of Copeland Creek)
• Snyder Lane
• Bodway Parkway (portion, north of Magnolia Park)
• Golf Course Drive (except for segment between Fairway Drive and Country Club Drive).
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Figure 5-1 Circulation Diagram
5. Circulation Element
Administrative Draft Policy Document | Page 5-5
Minor Arterials
Minor arterials are two lanes (one lane in each direction) and accommodate moderate volumes of traffic.
They provide circulation between neighborhoods, activity centers, highways, and other regional routes.
Intersections with local streets are generally permitted if distance criteria is met. This provision is intended to
maximize access between neighborhoods. Driveways are permitted, provided they are right-turn only and
meet distance criteria. Left-turn pockets are allowed at intersections. The need for traffic controls including
signalization or roundabouts on minor arterials depends on traffic conditions. On-street parking is not
allowed. Sidewalks are included on both sides of the street except where no pedestrian circulation is
expected, such as where streets abut the freeway right of way. Where feasible, bicycle facilities are
incorporated within the roadway or outside of the roadway on separate multi-use paths. Minor Arterials
include:
• Commerce Boulevard (portion south of Copeland Creek)
• Dowdell Avenue (portion, north of Business Park Drive)
• Golf Course Drive (portion, between Fairway Drive and Country Club Drive
• Keiser Avenue
• Bodway Parkway (portion, south of Magnolia Park)
• Valley House Drive.
Major Collectors
Major collectors are two lanes in each direction and accommodate moderate volumes of traffic. They
provide circulation within and between neighborhoods and through commercial areas. There is no restriction
on intersections along a major collector. Driveways are permitted, provided they meet distance criteria,
though may be restricted to right-turns depending on location and level of use. Left-turn pockets are
allowed. The need for traffic controls such as signals or roundabouts on major collectors depends on traffic
conditions. On-street parking is allowed where needed and sufficient street width exists. Sidewalks are
included on both sides of the street except where no pedestrian circulation is expected. Where feasible,
bicycle facilities are incorporated within the roadway or outside of the roadway on a multi-use path. Major
Collectors include:
• State Farm Drive (portion north of RPX to Classic Court)
• Camino Colegio
Minor Collectors
Minor collectors are two lanes (one in each direction) and accommodate low volumes of traffic. They provide
circulation within and between neighborhoods. There are no restrictions on intersections or driveways along
a minor collector. Signals or roundabouts may be needed at intersections with larger streets depending on
traffic conditions. On-street parking is generally provided on both sides of the street including on each side
of a one-way couplet. Sidewalks are provided on both sides of the street. Where feasible, bicycle facilities
are incorporated within the roadway or outside of the roadway on multi-use paths. Some examples of Minor
Collectors include:
• Business Park Drive
• Labath Avenue
• Holly Avenue
• Golf Course Drive (east of Synder Lane)
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• Country Club Drive
• Avram Avenue
• Santa Alicia Drive
• Arlen Drive
• Adrian Drive
• Lancaster Drive
• Fairway Drive
Local Streets
Local streets accommodate low volumes of low-speed traffic and provide access to individual sites. There
are no restrictions on intersections or driveways along a local street. Signalization on local streets depends
on traffic conditions. Sidewalks are on both sides of the street and bicycle access is typically in the unmarked
roadway. On-street parking is allowed.
Goals and Policies for the Roadway Network
The goals and policies outlined below are intended to support the safe and flexible operation of the City’s
roadway network through the General Plan time horizon, while recognizing that circulation options may
evolve considerably during this timeframe.
To provide, maintain and improve a safe, efficient, and interconnected
roadway network that facilitates mobility throughout Rohnert Park.
(Source: Existing GP Goal TR-A, modified)
C-1.1 Roadway Classifications
The City shall maintain a hierarchy of roadway classifications with design specifications that
reflects and addresses the different traffic volumes and functions of each roadway class.
(Source: Existing GP Policy TR-4, modified)
C-1.2 Prioritize Roadway Efficiency
The City shall strive to maximize the efficiency of the roadway system within existing roadway
widths, prioritizing strategies such as investing and maintaining advanced traffic signal
synchronization systems over roadway widening projects. (Source: New Policy)
C-1.3 Implement a Highway 101 Overcrossing at State Farm/Business Park Drive
The City shall engage in planning and design and seek outside funding to complete a Highway
101 overcrossing that connects State Farm and Business Park Drives. (Source: New Policy)
C-1.4 Planned Operating Conditions
The City shall strive to achieve LOS D as the planned operating condition at intersections,
except for intersections that are operating at LOS E or lower at the time an application for a
proposed development project or a specific plan is submitted if no feasible improvements exist
to improve the LOS. (Source: Existing GP Policy TR-1, modified)
C-1.5 Development Review Requirements for Level of Service
The City shall require proposed development projects that could result in increased traffic to
include improvements that assure LOS levels do not fall below the established minimum
standard. The developer shall analyze the operational benefits of large-scale, automobile
capacity-focused improvements to assure that they are balanced against the induced vehicle-
miles of travel (VMT) resulting from the improvements. The City shall ensure that
5. Circulation Element
Administrative Draft Policy Document | Page 5-7
improvements are coordinated with roadway improvements programmed for funding through
transportation-related impact fees. (Source: Existing GP Policy TR-2, modified)
C-1.6 Level of Service Exemption
The City shall allow for lower minimum acceptable transportation operations level of service
(lower than LOS D) at selected roadway intersections within Central Rohnert Park, where no
other feasible improvements exist to improve LOS, to support safe bike and pedestrian access
to the SMART station and where a pedestrian-friendly town center atmosphere is desired
within and in the vicinity of the City Center and Station Center subareas, (Source: Existing GP
Policy TR-45, modified)
C-1.7 Drop-Off/Pick-Up Area Safety and Operations
The City shall develop measures to address localized congestion and multimodal safety at
drop-off and pick-up locations along the public street system. (Source: Existing GP Policy TR-
13, modified)
C-1.8 Roadway Improvements Through Capital Improvements Program
The City shall use its Capital Improvement Program to budget for roadway improvements to
undertake the intersection and segment improvements shown in the Circulation Diagram
(Source: Existing GP Policy TR-11 and TR-12, combined and modified)
C-1.9 Traffic Calming
The City shall prioritize traffic calming measures over reducing roadway connections to reduce
vehicle traffic speeds in residential areas. If a street connection is modified to reduce or
eliminate vehicle traffic, the City shall maintain pedestrian and bicyclist connections. (Source:
Existing GP Policy CD-25: modified)
To coordinate with regional agencies on transportation improvements
outside city limits. (Source: Existing GP Goal TR-H, modified)
C-2.1 Coordinate with Caltrans on US 101 Projects
The City shall work with Caltrans to coordinate freeway congestion management projects,
interchange improvements, and other improvements along US 101. (Source: Existing GP Policy
TR-14, modified)
C-2.2 Coordinate with neighboring jurisdictions on Regional Improvements
The City shall continue to collect regional traffic mitigation fees and collaborate with adjacent
jurisdictions to fund Rohnert Park’s proportional share of regional traffic improvements. The
City’s proportional share payment shall be provided when established criteria has been met.
(Source: Existing GP Policy TR-21A, modified)
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Vehicle Miles Traveled (VMT) Reduction
Strategies
State law requires that the City consider vehicle miles traveled
in any CEQA analysis. Because the General Plan is the City’s
blueprint for future development, incorporating strategies that
reduce VMT within the General Plan will support compliance
with CEQA. Trip reduction strategies will also help reduce
traffic congestion, air pollution, energy consumption, and
greenhouse gas emissions, which support overall community
health. The goal and polices within this section support
regional mitigation efforts, multimodal transportation systems
and Transportation Demand Management (TDM), which are
features of the City’s approach to its circulation system.
To reduce automobile dependency and
associated impacts. (Source: New Goal)
C-3.1 Regional VMT Mitigation Bank
The City shall encourage and support the Sonoma County
Transportation Authority (SCTA) in establishing a regional VMT
mitigation bank and/or regional VMT impact fee program that
can be used to fund effective VMT reduction strategies at a
regional level, while also establishing a mechanism for private
development to offset their VMT impacts. (Source: New Policy)
C-3.2 Development Review Requirements for Vehicle
Miles Traveled
The City shall, as part of development project CEQA review,
require new development projects to achieve a reduction in
vehicle miles traveled (VMT) compared to baseline conditions.
The City will support SCTA’s efforts in maintaining the regional
travel demand model, which will be used to adjust baseline
VMT levels over time and allow the City to establish updated
VMT benchmarks for project applicants. (Source: New Policy)
C-3.3 Transportation Demand Management
The City shall work with property owners, employers in existing
and emerging employment centers, and the Rohnert Park
Chamber of Commerce, to implement transportation demand
management (TDM) strategies. (Source: Existing GP Policy TR-
22 and TR-24, combined and modified)
C-3.4 Car and Bike Share Opportunities
The City shall encourage car or bike share programs within
Rohnert Park through partnership with car sharing or bike
sharing and entities and strategic location of pick-up and drop-
What VMT?
Vehicle Miles Traveled (VMT) is a
measurement of the total annual miles
of vehicle travel divided by the total
population in a state or in an urbanized
area.
How Can VMT be Reduced?
VMT levels can be lowered when people
can have their daily needs met in
proximity to where they live and work.
VMT rates are lower in communities
that are more walkable and compact
and in communities that have strong
public transportation systems. Increased
population density is also associated
with lower VMT per capita. Some
strategies that have shown success
include:
• Public transportation expansion and
service improvement;
• Active transportation infrastructure
(sidewalk, ADA and bikeway
improvements and connections);
• Higher parking fees;
• Placing higher density and more
affordable housing closer to transit,
employment and services
• Balancing the number and type of
jobs in the community with the type
and range of housing costs.
• Discouraging low density
development in more remote areas
without services that requires
vehicle use
(Source: ChangeLab Solutions, 2007; U.S. EPA,
2013).
5. Circulation Element
Administrative Draft Policy Document | Page 5-9
off locations throughout the City, including at employment and shopping areas, park and ride
lots, and neighborhood parks. (Source: Existing GP Policy TR-59, modified)
C-3.5 Encourage Last Mile Solutions
The City shall encourage shuttle, alternative transportation options or on-demand transit
services to create connections between existing transit options and to provide “last mile”
solutions for transit users (Source: New Policy).
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Complete Streets
“Complete Streets” ensure that community streets provide safe, comfortable and attractive routes for all
travelers, including pedestrians, bicyclists, motorists and public transit users of all ages and abilities.
Complete streets are characterized by features that make it easy to cross the street and walk or bicycle to
destinations. Features of complete streets may include sidewalks, bike lanes, transit lanes, frequent
crossings, narrow automobile lanes, median islands, curb extensions (bulb outs), and other design features
that support safe mixing of autos, pedestrians, cyclists, and transit. In addition to supporting street design
concepts, complete streets policies promote the physical and environmental health, safety, welfare, and
economic vitality of the community by encouraging physical activity; reducing automobile trips and
improving the community’s sense of place.
The California Complete Streets Act of 2008 requires cities and counties to incorporate complete streets
policies when updating their general plans. The Metropolitan Transportation Commission (MTC), through its
One Bay Area Grant (OBAG) program requires all jurisdictions seeking OBAG funds to address complete
streets policies at the local level through either a General Plan or a policy resolution. Complete streets
policies are also part of the suite of tools that assist local governments in complying with the California
Global Warming Solutions Act of 2006 and the Sustainable Communities and Climate Protection Act of 2008,
which require greenhouse gas emission reduction.
Even though it was adopted prior to the Complete Streets Act of 2008, Rohnert Park’s current General Plan
incorporates many policies that support complete streets. In addition, Rohnert Park adopted a Complete
Streets Policy through its Resolution No. 2012 111, confirming its commitment to complete streets and to a
comprehensive and integrated transportation network. The goals and policies in this section build on the
City’s long-standing commitment to an integrated transportation network and designing streets for all users.
To support the ongoing development of an integrated transportation
network that allows safe and convenient travel along and across
streets for all users, including pedestrians, bicyclists, persons with
disabilities, motorists, movers of commercial goods, users and
operators of public transportation, seniors, youth, and families.
(Source: Existing GP Goal TR-U, modified)
C-4.1 Streets for All Users
The City shall ensure that streets safely serve seniors, youth, those with disabilities, and all
members of the community, and provide a network connecting residences, employment areas,
services, health care facilities, schools, parks, retail areas, and public facilities. (Source: New
Policy)
C-4.2 New Streets Designed as Complete Streets
The City shall require that new street designs incorporate complete street principles, including
Low Impact Development features. (Source: New Policy)
C-4.3 Existing Right-of-Way Repurposing
Where roadway modifications are proposed and the City owns an existing right-of-way that
exceeds the required roadway width, the City shall use the excess width for a greenway along
one side of the roadway that includes bikeways, pedestrian paths, and landscaping and creates
5. Circulation Element
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smooth transitions with other parts of the roadway that may have a narrower right-of-way or
different configuration. (Source: Existing GP Policy TR-10, modified)
C-4.4 Intersection Crossings
The City shall ensure that intersections include appropriate accommodations for pedestrians,
including safety enhancements at busy traffic intersections that will support active or high-
volume bike or pedestrian use. (Source: Existing GP Policy TR-50, modified)
C-4.5 Mid-Block Pedestrian Crossings at Multi-Use Paths
The City shall install safety features consistent with state and federal guidance at locations
where existing multi-use paths cross streets at midblock in order to facilitate pathway
connectivity. (Source: Existing GP Policy TR-51, modified)
C-4.6 Integrate Natural Features
The City shall, where feasible, modify or design streets and pathways to blend with adjacent
natural features in order to minimize visual and ecological impacts of streets and maintain an
enjoyable and pleasant environment for pedestrians and bicyclists. (Source: New Policy)
C-4.7 Prioritize ADA Improvements in High Volume Pedestrian Areas
The City shall prioritize improvements that bring existing pedestrian facilities up to Americans
with Disabilities Act (ADA) requirements in high-volume pedestrian areas and areas serving the
senior population.
To encourage alternative travel modes, including transit, driving,
biking, and walking by improving the multimodal circulation system.
(Source: Existing GP Goal TR-C and TR-F, combined and modified)
C-5.1 Multimodal Network Strategy and Prioritization
The City shall identify and prioritize components of a multimodal network to increase continuity
between pedestrian routes, bicycle routes, and public transit. (Source: New Policy)
C-5.2 Promote Multimodal Mixed-Use Developments
The City shall promote the development of multimodal mixed-use development. (Source: New
Policy)
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Pedestrian and Bicycle Circulation
Rohnert Park’s transportation network includes sidewalks adjacent to most streets and an extensive network
of off-street pathways for pedestrians and bicyclists. The off-street pathways connect destinations such as
parks, schools, civic uses, commercial centers, and employment areas and are also used as a recreational
amenity by the community. Figure 5-3 illustrates the planned bicycle and pedestrian circulation network.
Policies in this section aim to close existing
gaps in the sidewalk system and enhance
pedestrian and bicycle connections
between neighborhoods and activity
centers (including SSU, commercial
centers, offices, industrial areas) and
encourage walking or biking as an
alternative to vehicle trips.
Policies in this section and Section 5.7
“Parking and Emerging Technology” work
to set a framework for managing new
mobility options, including electric
powered bicycles and scooters (e-bikes
and e-scooters). These options provide an
additional means of alternative
transportation but the speed at which they
operate can create conflicts with
pedestrians and manually powered bikes
and scooters that will need to be managed
over time.
Bikeway Classifications:
Class I Bikeways (Multi-Use Paths) provide a
completely separate right-of-way designated for the
exclusive use of bicycles and pedestrians, with minimal
street crossings. Rohnert Park’s Multi-Use Paths are
generally located adjacent to creeks and the SMART
right-of-way.
Class II Bikeways (Bicycle Lanes) are dedicated lanes
for bicyclists generally adjacent to the outer vehicle
travel lanes. These lanes have special lane markings,
pavement legends, and signage. Bicycle lanes are
typically five feet wide. Adjacent vehicle parking and
vehicle/pedestrian crossflow are permitted.
Class I5.7II Bikeways (Bicycle Route) are designated by
signs or pavement markings for shared use with
pedestrians or motor vehicles but have no separated
bike right-of-way or lane striping. Bicycle routes serve
either to a) provide a connection to other bicycle
facilities where dedicated facilities are infeasible, or b)
designate preferred routes through high-demand
corridors.
Class IV Bikeways (cycle tracks or “separated”
bikeways) provide a right-of-way designated
exclusively for bicycle travel within a roadway and are
protected from other vehicle traffic by physical
barriers, including, but not limited to, grade separation,
flexible posts, inflexible vertical barriers such as raised
curbs, or parked cars.
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Figure 5-2 Bicycle and Pedestrian System
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To provide continuous, safe, and efficient pedestrian routes and
bikeways throughout the City. (Source: Existing GP Goals TR-N, TR-
O, TR-P, TR-Q, TR-R, and TR-V, combined and modified)
C-6.1 Support the Implementation of Pedestrian and Bicycle Improvements in Central
Rohnert Park
The City shall support the implementation of infrastructure that improves the pedestrian and
bicycle experience along Rohnert Park Expressway between US 101 and the SMART station
consistent with the form-based code for Central Rohnert Park. (Source: New Policy)
C-6.2 Separated Bike and Pedestrian Crossings
The City shall continue to study the feasibility of separated bicycle pedestrian crossings,
including crossings over Highway 101 and Rohnert Park Expressway at the SMART Multi-Use
Path and work with Caltrans, SCTA and SMART to implement feasible projects. (Source: Existing
GP Policy TR-52, modified)
C-6.3 Bicycle/Transit Connections and Parking
The City shall work with transit operators, including SMART, Sonoma County Transit, and
Golden Gate Transit to ensure adequate access and short and long-term parking for bicycles at
SMART rail stations and major bus transfer stations. (Source: New Policy)
C-6.4 Regional Bicycle Network Connections
The City shall collaborate with SCTA and SMART to link local bicycle trails with the regional
bikeway network outside Rohnert Park and to complete the regional bikeway network
consistent with the latest adopted SCTA Countywide Bicycle and Pedestrian Plan. (Source:
New Policy)
C-6.5 Bikeway Design Standards
The City shall implement comprehensive design standards for bikeways, as part of the Bicycle
and Pedestrian Master Plan. Improvements shall ensure that adequate lighting, signage, and
other amenities are provided. (Source: Existing GP Policy TR-40, modified)
C-6.6 Bicycle Parking
The City shall provide adequate bicycle parking facilities at key destinations around the city.
(Source: Existing GP Goal TR-S)
C-6.7 Bicycle and Pedestrian Improvements Through Capital Improvements Program
The City shall use its Capital Improvement Program to budget for bicycle and pedestrian
improvements shown in the Bicycle and Pedestrian Circulation Diagram (Source: Existing GP
Policy TR-42 modified)
C-6.8 Continuous Pedestrian System
The City shall provide continuous sidewalks along all existing and future streets that
accommodate pedestrians of all abilities, including ADA access. (Source: Existing GP Policy
TR-37, modified)
C-6.9 Pedestrian-Friendly Sidewalk Standards
The City shall establish pedestrian-friendly sidewalk standards including sufficient width to
accommodate pedestrian use, intersection bulbs, adjacent landscaping; lighting, benches, and
street trees. (Source: Existing GP Policy TR-38, modified)
5. Circulation Element
Administrative Draft Policy Document | Page 5-15
C-6.10 Encourage Bike Parking at Special Events
The City shall encourage bike parking or valet bike parking as a requirement for organized
community events or special events to encourage alternative transportation use to these
events. (Source: New Policy).
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Safety
At the core of the Complete Streets Act is the concept of safety. To ensure that people are willing to travel
by means other than the automobile, it is critical to support and facilitate a safe and comfortable
environment for all users. The goal and policies in this section articulate the City’s commitment to
continuously working to maintain and improve the safety of circulation system.
To enhance and improve the safety of all users of the transportation
system. (Source: New Goal)
C-7.1 Safe Circulation System Approach
The City shall regularly review multimodal collision and traffic
speed data as part of a systemic process to determine the
location of high-injury accidents and collisions involving
pedestrians and bicyclists, which impact the public’s perception
of safety along the multimodal transportation network. Based
on this review, the City shall develop safety-related
improvements to address areas of safety concerns which may
include:
• Collaboration with Sonoma County and Sonoma County
Transportation Authority in their Vision Zero efforts to
eliminate traffic fatalities and severe injuries through the
design and maintenance of roadways.
• Implementation of recommendations from the Sonoma
County Safe Routes to Schools Program.
• Implementation of other lighting, signage, and traffic
calming improvements. (Source: New Policy)
C-7.2 Bicycle and Pedestrian Education and Outreach
The City shall work with organizations, with the appropriate
expertise, to develop educational and outreach materials and
programs for cyclists, pedestrians, and drivers that promote
safe bicycling and walking, particularly for children.
(Source: New Policy)
C-7.3 Bicycle Network Comfort Considerations
The City shall seek to maintain a backbone bicycle network that
seeks to accommodate bicycle users of all comfort levels (i.e.
low level of traffic stress). (Source: New Policy)
C-7.4 Local Roadway Safety Plan
The City shall maintain and use the local roadway safety plan
(LRSP) to promote multimodal safety and to allow the City to
better compete for safety-related grant funding programs
such as the Caltrans Highway Safety Improvement Program
(HSIP). (Source: New Policy)
What is Vision Zero?
Vision Zero is a strategy to eliminate all
traffic fatalities and severe injuries while
also increasing safe, healthy, and
equitable mobility for all. Cities around
the world have already begun to work
toward Vision Zero goals.
What is Safe Routes to School (SRTS)?
SRTS is an approach that promotes
walking and bicycling to school safely
through a combination of infrastructure
improvements, traffic enforcement,
safety education, and incentives. SRTS
initiatives aim to improve safety and
increase levels of physical activity. Cities
nationwide are taking action to improve
safety for children walking or biking to
school.
What is Level of Traffic Stress?
Level of traffic stress assesses the
perceived comfort of a bicyclist on a
bike path shared with cars. For some
bicyclists, sharing the road with
automobiles is uncomfortable and they
do not feel safe. As a result, they may
choose to drive over bicycling if there is
no safer or more comfortable
alternative.
5. Circulation Element
Administrative Draft Policy Document | Page 5-17
Transit
Existing Transit Services
As of 2020, Rohnert Park is served by four transit agencies or services, whose service model and local
facilities are described below and are shown in Figure 5-3.
Sonoma County Transit (SCT) serves Rohnert Park and other destinations within Sonoma County. Intra-
city routes typically operate on 30-minute to one-hour intervals. Approximately half of the daily
ridership is related to school trips. The routes that operate today or are planned for the future include:
Routes 12 and 14, serving northern Rohnert Park
Route 10, a loop that connects Sonoma State University with the Cotati SMART station
Routes 44 and 48, connecting Rohnert Park with Petaluma and Santa Rosa
Route 54, a SMART Connector Service.
Sonoma-Marin Area Rail Transit (SMART) has a station located in central Rohnert Park just south of
Rohnert Park Expressway and a station on East Cotati Avenue, in the City of Cotati but easily
accessible to some neighborhoods in Rohnert Park. The service is primarily designed to serve
commuters traveling within Sonoma and Marin Counties and San Francisco who travel during more
traditional peak commute times. In 2019, the service was running approximately 32 trips per day, with
weekday ridership of about 3,000 and weekend ridership of 1,500.
Golden Gate Transit (GGT), which is oriented mainly to commuters traveling to communities along the
US 101 corridor between Santa Rosa and San Francisco and is a long-distance commuter service with
two existing routes:
Route 72 operates between Santa Rosa and San Francisco and has one stop in Rohnert Park
at the Park-and-Ride lot on the Rohnert Park Expressway.
Route 101 has multiple north/south stops along Commerce Boulevard, and one southbound
stop on Rohnert Park Expressway.
Rohnert Park Sunshine Bus, a paratransit service which serves elderly and people with disabilities.
Service Provider Trends
During the timeframe of the General Plan, it is difficult to predict how changes in travel behavior and
technology will change how transit services are delivered and used. Trends that could impact Rohnert Park
in the future are outlined below.
• More focused SCT Service. Due to lower ridership and funding limitations, SCT is expected to
focus on community and intercity routes in the future, which could mean better service for
Rohnert Park, because resources could be used to provide more service on fewer routes, instead
of lower levels of service spread more thinly across the county. SCT will emphasize better levels
of service through more frequency and even schedules six days a week as opposed to many
routes that do not run frequently, with different weekend schedules. This is an improvement of
service that Rohnert Park should encourage and support as development occurs.
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• Development Close to the SMART Station. Connecting bus service to the SMART rail line that
operates predominantly during rush hour will become more viable when higher-density land
uses around the Rohnert Park SMART station make transit service conducive to all-day service.
• Golden Gate Transit Changes. Over the next 20 years, it is likely that there will be consolidated
services for GGT, but routes that travel the US 101 spine should remain an important regional
connection.
• Technology Changes. As technology continues to develop, it can increase the efficiency of
transit delivery and make transit easier to use and access.
Figure 5.3 Existing Transit System [graphic in process]
5. Circulation Element
Administrative Draft Policy Document | Page 5-19
Opportunities for Transit
Over the next 20 years, Rohnert Park has an opportunity to work with transit agencies to shift travel behavior
to increase the ridership on the three primary transit systems by focusing on things known to increase transit
ridership, including:
• Transit-Oriented Development: Development patterns are an important determinant to the success
of transit, which benefits from elements like a walkable environment, minimum densities of residents
and jobs, and a street network that allows for efficient operation. Transit-oriented development
leverages transit access and focuses development with supportive land use patterns in those areas,
which also promotes equity within the community.
• Schools: Middle and high schools have historically been an important trip generator for transit in
Sonoma County. Sonoma State University is also a potential generator of increased transit ridership.
• Environmental Crises: As forest fires and other impacts of climate change arise more frequently,
transit will be an important part of evacuation and emergency coordination strategies, as well as a
solution to reduce vehicle miles traveled in personal vehicles that cause greenhouse gases.
Rohnert Park can expect to shift travel behavior and attitudes toward transit as a viable mode by following
the following general recommendations: An important overarching principle is to design for people.
• Move people not modes. Shifting from a viewpoint of moving the most cars efficiently to moving the
most people efficiency can mean that small changes while finalizing street or building design have
the potential to make a big impact on travel behaviors. Designing the built environment to make
multiple modes safe for multiple trip purposes will reduce the dependency on cars. This will benefit
the environment and people in the community.
• Prioritizing the movement of people over cars is an opportunity to move more people with less
infrastructure, by encouraging efficient use. The resulting benefits to health and prosperity will flow
to more people. Improved health outcomes, in terms of the environment, individual health, general
health of the population can be realized from reduced exposure to pollution, and reduction of risk of
auto accidents.1
• Put transit where it can be successful and use other modes where density or demand is low.
Accessible bus stops and rail stations are critical, but transit routes must be able to take people to
destinations worth going to, when they want to go. Higher density housing, mixed use development,
schools, and certain types of high-density employment are good candidates for transit service.
• Multimodal solutions can involve transit. Transit competes with transportation network companies
(TNCs) like Lyft and Uber in areas like Sonoma State University, where travel needs off campus for
students may be infrequent. Rohnert Park can work with SCT and the University to better understand
the travel needs of that community and work towards solutions that involve multiple modes of travel.
• Putting equity and access at the forefront of planning efforts ensures that investments prioritize the
movement of people. With land development slated for different types of use throughout the City
and Urban Growth Boundary, it will be important to ensure access to the development fits the needs
of the community during different phases of project development. Development that prioritizes the
1 https://www.sciencedirect.com/science/article/abs/pii/S0967070X11001119
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safety of marginalized groups will benefit the entire community. For example, lighting at stops can
make women feel safer, and people with darker skin tones seen by bus drivers at night.
• Conduct inclusive public outreach that connects with the community will ensure transit service in
and around Rohnert Park is useful. The ways that Rohnert Park connects to the community can be
coordinated with the transit agencies. What benefits people who are transit-dependent will benefit
the entire community. Ensure that outreach is on-going and involves as many techniques as possible
to reach people who are historically least likely to be able to provide input. This may include online
forums, paying for childcare during in person meetings, meeting people where they are in the
community, and leaning into technology.
• Mitigate financial constraints of operating or riding transit. State regulations require transit
agencies to meet 20% of their revenue from fares, but this is potentially non-existent for more rural
agencies such as SCT, who are then required to make up the revenue with local sources. The push to
eliminate the Transportation Development Act (TDA) requirement failed in 2020 but will likely be
defeated in the next 20 years
• Partnerships will be crucial. SCT has ready-made web links for Rohnert Park and Sonoma State
University that could be used immediately on the front pages of the City and University websites to
connect people with information on riding. Expanding the information about existing transit could
improve ridership
• Enhance the reach of transit. Bus systems are most competitive with car travel when they can be
direct and time competitive. A bus stop near the entrance of a major destination is not useful if a bus
route must meander for six minutes off the main road. Similarly, a bus stop on the main road, that
requires a person to walk through 12 rows of a parking lot is not attractive to most people who have
choices on how to travel. Therefore, conversation with the local transit provider can help in early
planning stages to make sure bus stops are actually sited in areas that make transit a useful, safe,
inviting mode choice. In developments where SCT would never extend service, developers could
find different investments to improve transit where it is more viable.
Transit agencies are willing to deviate from main roads if the demand is high enough. Many of
Rohnert Park’s planned land uses that are most conducive to transit ridership (high densities of
people and development) are on the edges of town and the urban growth boundary. That can make
for great anchors for the ends of routes, but to make routes as direct as possible so that trips do not
take a long time will be up to Rohnert Park.
Efforts to make transit a reliable, fast, and cheap mode of travel is an opportunity to reduce the
congestion, and emissions related to congestion. Rohnert Park can diversify the market for transit
beyond school children by serving the areas with increasing density and transit-supportive
development land uses.
• Reduce barriers to riding transit. The SMART commuter rail costs more to ride than bus transit,
which is normal due to costs to operate and maintain. However, the transit agencies have different
policies on fares, and even policies on transferring between agencies is not intuitive. Rohnert Park
can help by making sure people looking for help on how to ride can access that information.
Rohnert Park should also work with Cotati and SCT to join the SCT program of offering a community
route that is fare free to the public. This program is a success for other communities in Sonoma
County and would improve ridership on SCT and branding opportunities for Rohnert Park.
5. Circulation Element
Administrative Draft Policy Document | Page 5-21
While the regional transit agencies generally provide a way for Rohnert Park commuters to access jobs in the
greater Bay Area, there are significant opportunities to improve their interconnectedness and to work with
transit agencies to solve the “last mile problem” and minimize the need for residents and workers to drive to
and from transit hubs. The goals and policies in the section are focused on increasing ridership, coordination
with transit agencies and facilitating key connections between transit types and modes.
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Facilitate transit improvements and connections, with a focus on
emerging mobility technologies, to create better connections to
destinations around the city and between travel modes. (Source:
Existing GP Goal TR-L and TR-W, combined and modified)
C-8.1 Transit Access
The City shall work with transit providers and private developers and regional partners to
improve transit access as follows:
• Develop well-designed accessible pick-up and drop-off locations and provide
benches, shelters and amenities as appropriate
• Focus transit service along corridors to maintain a level of service that is
meaningful to the community
• Work with paratransit providers to ensure Americans with Disabilities Act (ADA)
compliant paratransit services are available to eligible residents and visiting clients
• Support last-mile solutions (e.g. shuttle service, shared-mobility services, proximity
to pedestrian and bicycle path connections) to connect public transit riders to their
ultimate destinations.
• Encourage transit providers to have adequate bike racks on buses and rail cars to
allow for convenient mode transitions for bicyclists.
(Source: Existing Policies TR-27, TR-30 and TR-31, modified and combined)
C-8.2 Regional Transit Connections
The City shall coordinate with SMART, Sonoma County Transit, and Golden Gate Transit to
increase public transit service between Rohnert Park and other cities in the Bay Area and to
coordinate:
• Multi-modal connections for regional trips
• Transit service or infrastructure improvements
• Closure of transit gaps
• Deployment of information and schedules with real-time information
(Source: Existing GP Policy TR-26, modified)
C-8.3 Additional SMART Station
The City shall coordinate with SMART to investigate the possibility of adding a new SMART
Station on the west side of US 101 near the Northwest Specific Plan area and focused on the
developing business park uses. (Source: New Policy)
(Source: New Policy)
C-8.4 Transit-Dependent Groups
The City shall strive to increase access to transit for youth, seniors, persons with disabilities, and
those who rely on transit as an affordable mobility option. (Source: New Policy)
5. Circulation Element
Administrative Draft Policy Document | Page 5-23
Encourage transit ridership to support a sustainable transportation
system.
C-9.1 Maintain and Expand Transit Service
The City shall support levels of transit service that are adequate to meet and encourage
ridership demand and work with service providers to adjust train schedules and bus routes to
address new potential markets and levels of demand. (Source: New Policy)
C-9.2 Development Designed to Support Transit
The City shall support land use plans and building design that prioritizes higher intensity
development close to transit, active frontages, space for bus stop amenities, and safety for
people. (Source: New Policy)
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Parking and Evolving Technology
Parking supply and other supporting infrastructure at a traveler’s destination can substantially influence
travel behavior. Parking and infrastructure standards in Rohnert Park have largely been focused on
accommodating a high automobile, drive alone modal preference, which was the prevalent trend in traveler
preference for most suburban cities in Northern California for the last half of the 20th century and first part of
the 21st century.
With revolutions in technology - such as smartphone-enabled mobility options, a shift to electric vehicles
and micromobility options, and the increasing prevalence of e-commerce – resulting in rapid changes to the
transportation system, parking and infrastructure elements must be flexible to respond to changes over the
horizon of the General Plan. Additionally, the implementation of the plan for the Downtown area will
fundamentally alter the core of the City. The adopted vision for Downtown includes a more walkable and
bikeable City core, which also takes advantage of the proximity to the SMART passenger rail station. This
section outlines several goals and policies related to parking and emerging technology that will help the City
guide the development of its circulation system.
To provide a Citywide comprehensive parking system that is integrated
with alternate modes of transportation options to efficiently serve the
needs of residents, visitors, and businesses. (Source: New Goal)
C-10.1 “Right-Sizing” Parking
The City shall reevaluate its minimum parking standards and seek to “right-size” parking to
meet demand by taking into account shared mobility and micro-mobility trends and available
alternative modes of transportation. (Source: Existing GP Goal TR-X, modified)
C-10.2 “Park Once” Strategy
The City shall encourage a “park once” strategy in Central Rohnert Park through promoting
pedestrian and bicycle connectivity strategies and the development of a parking district and
common parking lots or structures within the Station Center and downtown subareas, as
parking demands warrant. (Source: Existing GP Policy TR-57, modified)
C-10.3 Park-and-Ride Lots
The City shall continue to encourage park-and-ride activity, regularly monitor parking
occupancies at existing park-and-ride locations, and consider expanding, where feasible, park-
and-ride locations that operate at or near capacity conditions to better capture unserved
demand. (Source: Existing GP Goal TR-M, modified)
C-10.4 Shared Parking Facilities
The City shall encourage use of shared parking facilities where possible, such as within multi-
tenant buildings and between adjacent private developments, particularly on larger
development sites. (Source: Existing GP Policy TR-55 and TR-25, modified)
C-10.5 Variable Parking Standards
The City shall implement variable parking standards that reflect expected level of parking
demand based on such factors as land use, proximity to transit, type of occupancy (e.g.,
seniors, multigenerational families), building intensity and VMT reduction goals. (Source:
Existing GP Policy TR-58, modified)
5. Circulation Element
Administrative Draft Policy Document | Page 5-25
C-10.6 Shared Public Parking
The City shall encourage private businesses to allow for after-hours use of available parking to
accommodate customer and visitor activity peaks on evenings and weekends, especially in
Central Rohnert Park. (Source: Existing GP Policy TR-56, modified)
C-10.7 Cash-In-Lieu Payment
The City shall consider allowing use of cash-in-lieu payments to provide for the construction of
shared parking facilities. (Source: Existing GP Policy TR-25, modified)
C-10.8 Parking Lot Conversions
The City shall consider the conversion of underused parking lot areas to alternative uses.
(Source: New Policy)
C-10.9 Separation of Parking Costs (Unbundling)
The City shall encourage new residential developments in higher density areas to separate the
cost of parking from the cost of renting or purchasing living space in order to minimize single-
occupancy vehicle use. (Source: Existing GP Policy TR-58, modified)
To promote and support the use of electric vehicles for residents,
employees and visitors. (Source: New Goal)
C-11.1 Non-Residential Electric Vehicle Charging Stations
The City shall require new non-residential development projects to include the installation of
electric vehicle charging stations consistent with the State of California Green Building Code
(CALGreen). The charging stations should be sited to provide prioritized access to building
entrances. (Source: New Policy)
C-11.2 Residential Electric Vehicle Charging Stations
The City shall require new residential development projects to be “electric vehicle charging
ready,” including the installation of higher-voltage electric systems to serve for the Level 2
charging of electric vehicles consistent with the California Green Building Code.
(Source: New Policy)
C-11.3 Al ternative Fuel City Vehicle Fleet
The City shall transition the City municipal vehicle fleet to alternative-fuel vehicles provided
that the alternative fuel vehicle can meet the performance standards required for its use.
(Source: New Policy)
C-11.4 Preference to Hybrid and Electric Vehicles
The City shall encourage commercial areas and new multifamily developments to provide
dedicated parking for hybrid and electric vehicles. (Source: New Policy)
To respond to evolving and emerging transportation trends and
technologies. (Source: New Goal)
C-12.1 Support Safe Mobility and Micromobility Options
The City shall support the safe use of shared mobility and micromobility options (e.g.,
bikeshare, scooters) to connect residences, businesses, and Sonoma State University to key
destinations in the City, including the SMART station and other public transit nodes. (Source:
New Policy)
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C-12.2 Autonomous Vehicle Review
The City shall, as autonomous vehicles become commonplace, regularly assess their
integration into the transportation system and develop, as appropriate, new programs and
policies that support that integration. (Source: New Policy)
C-12.3 Curb Space Management
The City shall leverage curb space management techniques in the Central Rohnert Park Area
to balance pick up and drop off activities with business related loading and unloading zones
and monitor on- and off-street parking and loading areas to promote desired curb space
usage. (Source: New Policy)
5. Circulation Element
Administrative Draft Policy Document | Page 5-27
Freight Rail and Goods Movement
The rail line that runs through Rohnert Park has historically been used for freight service, and more recently
for passenger service. The railway is owned by Sonoma-Marin Area Rail Transit (SMART). Freight rail service
currently runs along the rail line from Windsor in the north to points east (via the wye in Novato), with future
extensions north of Windsor possible in the future.
To promote the safe and efficient movement of goods through the city
to support business and commercial activity. (Source: New Goal)
C-13.1 Truck Delivery Routes
The City shall work with local businesses to identify preferred truck delivery routes to access
key destinations in the City but also discourage trucks from using local streets. (Source: Existing
GP Goal TR-E, modified)
C-13.2 Goods Movement by Rail
The City shall engage with SMART to facilitate the safe and efficient movement of goods by rail
through the city, including decreasing train speeds through the city. (Source: New Policy)
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Implementation Programs
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing A Regional Traffic Improvements
The City shall work to collect regional
traffic impact fees to address traffic
impacts in neighboring jurisdictions,
including the City of Cotati and
Sonoma County (Source: Existing
Program)
C-2.2 Coordinate
with neighboring
jurisdictions
Development
Services
B VMT Policy and Benchmark Review
The City shall regularly update CEQA
VMT benchmarks and reduction
targets when (1) the Sonoma County
Transportation Authority develops an
updated travel demand model, (2)
when sustainability-related plans (i.e.
Climate Action Plan, etc.) are adopted,
or (3) when Specific Plans are adopted
or updated. (Source: New Program)
C-3.1: VMT Bank
C-3.2:
Development
Requirements for
VMT
Development
Services
Public Works
C Central Rohnert Park LOS Standards
The City will maintain lower minimum
acceptable Level of Service (LOS)
standards in Central Rohnert Park to
support improved bicycle and
pedestrian access to all streets and
intersections within the City Center
and Station Center subareas (Source:
Ongoing Program)
C-1.6: Level of
Service
Exemption
Development
Services
Public Works
D Capital Improvement Plan Budget
The City shall include maintenance of
roadway segments and intersections,
complete street retrofits, and
pedestrian and bicycle network
improvement projects in the Five-Year
Capital Improvement Plan Budgets.
(Source: Ongoing Program)
C-1.8: Roadway
Segment
Improvements
Funded Through
Capital
Improvements
Program
C-4.3: Retrofit
Existing Street
Public Works
Development
Services
5. Circulation Element
Administrative Draft Policy Document | Page 5-29
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing System for
Complete Streets
C-4.4: Intersection
Crossings
C-4.5: Mid-Block
Pedestrian
Crossings
C-4.7 ADA
Requirements
C-6.1: Pedestrian
and Bicycle
Improvements
C-6.2 Separated
Crossings
C-6.3:
Bicycle/Transit/
Parking
Connections
C-6.6: Bicycle
Parking
C-6.8: Continuous
Pedestrian
System
C-7.1 Safe
Circulation
Approach
E Grant Funding
The City shall regularly apply federal,
state, regional and local grant
programs to support improvements to
the circulation system for all users.
(Source: Ongoing Program)
C-4.3: Existing
ROW
repurposing
C-4.4: Intersection
Crossings
Public Works
Development
Services
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Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing C-4.5: Mid-Block
Pedestrian
Crossings
C-6.1: Pedestrian
and Bicycle
improvements in
Central Rohnert
Park
C-6.2: Separated
Bike and
Pedestrian
Crossings
C-6.3:
Bicycle/Transit
Connections/Par
king
C-6.6: Bicycle
Parking
C-6.7: Funding
Through CIP
C-6.8: Continuous
Pedestrian
System
C-8.1: Transit
access
C-8.3: Additional
SMART Station
F Evaluate Performance of the
Transportation Network for All Users
The City and the Rohnert Park Bicycle
and Pedestrian Advisory Committee
(BPAC) shall perform periodic
evaluations of how well the streets,
bicycle and pedestrian pathways and
C-4.4: Intersection
Crossings
C-4.5: Mid-Block
Pedestrian
Crossings
Public Works
Development
Services
5. Circulation Element
Administrative Draft Policy Document | Page 5-31
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing public transit connections in the city
are serving each category of users.
This will allow for the prioritization of
projects to implement (Source: New
Program)
C-4.7 ADA
Requirements
C-5.1: Multimodal
Network Strategy
and Prioritization
G Bicycle and Pedestrian Master Plan
The City shall update the City Bicycle
and Pedestrian Master Plan to
prioritize Rohnert Park’s bicycle and
pedestrian needs (high, medium, low),
in various areas of the city or along
corridors, as well as to reflect the
latest bicycle and pedestrian planning
and design best practices. In the
updates, the City will strive to
coordinate transportation planning
efforts with the City of Cotati and
County of Sonoma. (Source: Updated
Program )
C-4.7 ADA
Requirements
C-5.1: Multimodal
Network Strategy
and Prioritization
C-6.1: Central RP
Improvements
C-6.2: Separated
Bike and
Pedestrian
Crossings
C-6.4:
Bicycle/Transit
Connections
C-6.6: Bicycle
Parking
C-6.8: Continuous
Pedestrian
System
C-7.3: Bicycle
Comfort
Considerations
C-7.4: Local
Roadway Safety
Plan
Public Works
Development
Services
H Streamline Multimodal Mixed-Use
Development
The City shall update the design
C-5.2: Promote
Multimodal
Development
Services
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Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing review requirements for mixed-use
projects to include incentives for
multimodal features. (Source: New
Program)
Mixed-Use
Developments
I Develop Mobility Hubs Program
The City shall develop a mobility hubs
program for the City, identifying
locations where different modes of
travel and mobility services could
interact with locations of employment,
housing, shopping, recreation and/or
areas of underused surface parking,
and funneling activation efforts to
these hubs. (Source: New Program)
C-6.1: Central
Rohnert Park
Improvements
C-6.3:
Bicycle/Transit
Connections
C-8.5: Coordinate
Infrastructure
Development
Services
J Assure and Expand Transit Use
The City shall monitor transit ridership
and the latest technology trends and
collaborate with transit providers to
improve and expand transit services
and ridership in Rohnert Park. (Source:
Ongoing Program)
C-8.1: Transit
Access
C-8.2: Regional
Transit
Connections
C-8.4: Transit
Dependent
Groups
C-9.1: Maintain
and Expand
Transit Service
C-9.2: Transit to
Support Transit
Development
Services
K Central Rohnert Park/SMART Station
Connectivity
The City shall develop a plan to
expand bicycle and pedestrian
connections within Central Rohnert
Park. The plan shall address off-street
bicycle and pedestrian trail
Improvements, including:
C-6.1:
Improvements in
Central RP
C-6.3:
Bicycle/Transit
Connections
Public Works
Development
Services
5. Circulation Element
Administrative Draft Policy Document | Page 5-33
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing Adding bicycle trails and
bicycle boulevards within new
development in the Station
Center subarea;
Operate a Bike Share Program
Completing trail gaps along the
Copeland Creek and
Hinebaugh Creek corridors;
Planning and implementing
new east-west and north-south
walkways or paseos, as shown
in the Central Rohnert Park
Priority Development Area
Plan, in association with the
development of new roadways
or as separate facilities,
integrated with new
development;
On-street bike facility
Improvements including:
Completing gaps to on-street
bicycle lanes along Commerce
Boulevard;
Improving bicycle facilities
along Professional Center
Drive, with potential for an at-
grade connection across the
SMART rail tracks to connect to
the SMART multi-use path;
Adding enhanced or protected
bicycle lanes along busy
arterial and collector roadways,
including State Farm Drive,
Commerce Boulevard, and
Rohnert Park Expressway;
Continuing and adding bicycle
lanes on Enterprise Drive and
Hunter Drive; and
Pedestrian facility
Improvements, including
adding and providing more
Administrative Draft Policy Document
Page 5-34 Administrative Draft Policy Document |
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing defined north-south walkways
in the City Center subarea that
connect to Hinebaugh Creek;
and establishing defined
pedestrian walkway and
landscape improvements in the
existing commercial shopping
centers to support safe
pedestrian access from
adjoining residential areas and
neighborhoods.
(Source: Existing GP Policy TR-49)
L Maintain a Local Roadway Safety
Plan
The City shall maintain its Local
Roadway Safety Plan (LSRP) that
includes the regular review of
multimodal collision and traffic speed
data. The LRSP should address the
Caltrans requirements for LRSPs that
will allow the City to better compete
for future grant funding opportunities.
(Source: New Program)
C-7.1: Safe
Circulation
System Approach
C-7.4: Local
Roadway Safety
Plan
Public Works
Development
Services;
Public Safety
M Transportation Demand
Management Program
The City shall develop a
comprehensive, citywide
transportation demand management
(TDM) program that preserves
Rohnert Park’s quality of life, while
maintaining a positive business
environment and reducing traffic
congestion, air pollution, energy
consumption, and noise. The program
may include a fee structure that
would allow new developments to
fund city-wide TDM measures as part
of their mitigation measures for
CEQA/VMT-related transportation
C-3.3:
Transportation
Demand
Management
Development
Services
Public Works
5. Circulation Element
Administrative Draft Policy Document | Page 5-35
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing impacts. (Source: Existing GP Goal TR-
I and TR-J, modified)
N Public-Private Partnerships
The City shall explore public-private
partnerships and other measures to
attract car-sharing and bike-sharing
companies or services to Rohnert
Park. (Source: New Program)
C-10.6: Shared
Parking Facilities
C-10.7 Casj-In-
Lieu Payment
C-12.1: Support
Safe Mobility and
Micromobility
Development
Services
O Revise Parking Regulations
The City shall review and revise the
parking requirements in the City
Zoning Ordinance to identify
opportunities for parking reductions,
shared parking, unbundling, parking
lot conversions, and other strategies
that would reduce the land area
dedicated to parking in the city and
improve connection between parking
areas and pedestrian and bicycle
network. (Source: New Program)
C-10.1 “Right-
Sizing” Parking
C-10.2: “Park
Once” Strategy
C-10.3: Park-and-
Ride Lots
C-10.4: Shared
Parking Facilities
C-10.5: Variable
Off-Street
Parking
Standards
C-10.6:
Reevaluate
Minimum Parking
Standards
Development
Services
Public Works
P Cash-In-Lieu Fee Program
The City shall develop a Cash-In-Lieu
Fee Program to provide developers
the option to pay a fee to reduce
parking requirements on their
development. Funds generated by the
program would be dedicated to
improving pedestrian and bicycle
C-11.8: Cash-In-
Lieu Payment
Development
Services
____________
Public Works
Administrative Draft Policy Document
Page 5-36 Administrative Draft Policy Document |
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing connectivity in Rohnert Park. (Source:
New Program)
Q Electric Vehicle Adoption
Framework
The City shall coordinate with the
Regional Climate Protection Authority
to develop a framework for the
consistent adoption of electric vehicle
technologies in the City. The
framework will outline strategies for
new residential uses, new non-
residential uses, and the retrofit of
existing uses. (Source: New Program)
C-11.1: Non-
Residential
Electric Vehicle
Charging Stations
C-11.2: Residential
Electric Vehicle
Charging Stations
C-11.3: Electric
Vehicle Charging
Stations in
Existing
Developments
C-11.4: All-Electric
City Vehicle Fleet
Public Works
Development
Services
R Transit Incentives
The City shall Incentivize people to
ride transit by promoting the
existing free fares to Sonoma State
University students, and partner
with Cotati and Sonoma County
Transit’s to fund the Community
Route fares to increase the
number of residents who can ride
for free.
C-9.1 Maintain
and Expand
Transit
Public Works
Development
Services
S Improve the Convenience of Transit
The City shall work with SCT to
improve the convenience of transit as
a mobility option by expanding the
local bus route system, closing transit
gaps, locating stops in accessible
locations, and by providing benches,
real-time information, and shelters
where appropriate.
C-8.1 Transit
Access
Public Works
Development
Services
5. Circulation Element
Administrative Draft Policy Document | Page 5-37
Programs
Implements
Which Policy(ies)
Responsible
Supporting
Department(s) 2020 – 2025 2026 – 2030 2031 – 2040 Annual Ongoing T Developer Contributions to Transit
The City shall require large
developments to provide
amenities or contribute to transit
and transit access improvements
as required to offset VMT, or as
part of traffic mitigation measures.
Transit related improvements may
include but are not limited to:
Direct and paved pedestrian
or bicycle access to transit
stops
Safety improvements such
as lighting or signage
Bus turnouts and shelters
Lane width dedication to
accommodate buses
C-8.1 Transit
Access
C-9.2
Development
Designed to
Support Transit
Development
Services
____________
Public Works
U Truck Delivery Route Plan
The City shall regularly review a
through truck delivery route plan,
which will focus on connecting heavy
truck using businesses to regional
roadways, while guiding truck trips
away from residential, parks and
pedestrian/bicycle focused areas.
(Source: Ongoing Program)
C-13.1: Truck
Routes
Public Works
Development
Services
Public Safety
Circulation Element Study Session | March 23, 2021City Council
1
Circulation Element Study Session | March 23, 2021
To provide comments and feedback
to staff on the Circulation Element
Goals, Policies and Implementation
Measures
2
Circulation Element Study Session | March 23, 2021
The Circulation Element
identifies goals, policies, and
programs that will implement
Rohnert Park’s vision for the
citywide transportation system
and its connection to regional
transportation facilities.
3
Circulation Element Study Session | March 23, 2021
Vehicle Miles Traveled (VMT) vs. Level of Service (LOS)
VMT Reduction Strategies
Complete Streets
Roadway Network
Pedestrian and Bicycle Circulation
Safety
Transit Options
Parking and Evolving Technology
Freight Rail and Goods Movement
4
Circulation Element Study Session | March 23, 2021
Fehr & Peers will provide an overview of changes in laws and analysis
since the last GP update:
•Vehicle Miles Traveled (VMT) vs. LOS
•Complete Streets Act
•VMT and Complete Streets Goals and Policies
Overview of Other Goals and Policies
Overview of Implementation Matrix
5
Circulation Element Study Session | March 23, 2021
Vehicle Miles Traveled (VMT) vs. Level of Service (LOS)
VMT Reduction Strategies
Complete Streets
Roadway Network
Pedestrian and Bicycle Circulation
Safety
Transit Options
Parking and Evolving Technology
Freight Rail and Goods Movement
Page 6
Circulation Element Study Session | March 23, 2021
More balance between congestion relief and sustainability
7
Circulation Element Study Session | March 23, 2021
https://www.youtube.com/watch?v=UE4TJItVdJ8
8
Circulation Element Study Session | March 23, 2021
Greenhouse Gas Reduction
•This is a new focus area and legal
requirement for General Plan
updates
•Rohnert Park’s GHG Emissions are
from:
Page 9
Mobility Accessibility
Circulation Element Study Session | March 23, 2021Page 10
2021 GP Priorities:
•Reduce VMT
•Encourage alternative
transportation modes
•Accept LOS D to balance
pedestrian and bicycle
improvements
•Improve pedestrian and
bicycle safety
•Improve connections to
transit
•Sustainability Emphasis (RP
Climate Emergency
Resolution)
2000 GP Priorities
•Reduce vehicle delays
•Maintain LOS C
•Widen streets and add signals
to maintain LOS standards
•Make bicycle and pedestrian
improvements if feasible
Circulation Element Study Session | March 23, 2021
Goal: To reduce automobile dependency and associated impacts.
Policies:
•Regional VMT Bank
•Development Review (VMT reduction from baseline during CEQA review)
•Implement Transportation Demand Management (TDM) strategies
•Car and Bike Share Opportunities
•Encourage Last Mile Solutions
Page 11
Circulation Element Study Session | March 23, 2021
Complete Streets Act of 2008
•Requires consideration of all travel modes for all
users, not just automobile
12Page
•Safety Improvements
•Pedestrian Refuge
•Green Infrastructure
•Consideration of sidewalks and bikeways
•Consideration of Road Diets
Circulation Element Study Session | March 23, 2021
Goal: To support the ongoing development of an
integrated transportation network. Policies:
•Streets for All Users
•New Streets Designed as Complete Streets
•Existing ROW Repurposing
•Safe Crossing Improvements
Page 13
Circulation Element Study Session | March 23, 2021
Goal: To Encourage Alternative Travel Modes
Policies:
•Multimodal Network Strategy and Prioritization
•Promote Multimodal Mixed-Use Developments
Page 14
Circulation Element Study Session | March 23, 2021Page 15
Circulation Element Study Session | March 23, 2021
Goal: To Provide and Maintain an Interconnected
Roadway Network that Facilitates Mobility.
Policies:
•Roadway Classification
•Prioritize Roadway Efficiency
•Implement a Highway 101 Overcrossing
•Planned Operating Conditions (LOS)
•Drop-off/Pick-Up Safety
•Improvements through the CIP
•Prioritize traffic calming measures
Page 16
Circulation Element Study Session | March 23, 2021
Goal to provide continuous, safe
and efficient pedestrian routes
and bikeways throughout the City
Page 17
Circulation Element Study Session | March 23, 2021
1 Multi-Use
Path
2 Bicycle
Lanes
3 Bike Route
4 Separated
Page
18
Circulation Element Study Session | March 23, 2021
Policies:
•Support Pedestrian and Bicycle Improvements in Central RP
•Separated Bike and Pedestrian Crossings (including Hwy. 101)
•Bicycle/Transit Connections and Parking
•Regional Bicycle Network Connections
•Bikeway Design Standards
•Improvements through CIP
Page 19
Circulation Element Study Session | March 23, 2021
Sonoma County Transit (SCT) serves RP and
other destinations in Sonoma County
RP Sunshine Bus is a paratransit service serving
RP
Page 20
Circulation Element Study Session | March 23, 2021
Sonoma-Marin Area Rail Transit (SMART) provides
north-south service with a station in central RP
Golden Gate Transit (GGT) serves communities on
the Hwy. 101 corridor with stops in RP
Page 21
Circulation Element Study Session | March 23, 2021
Rideshare services and antonymous vehicle use will impact transit
ridership
SCT is expected to provide more focused service based on ridership and
funding
SMART will become more viable and increase scheduling outside
commute hours if higher density development occurs along the corridor
GGT should continue to be viable, perhaps with consolidated service
Page 22
Circulation Element Study Session | March 23, 2021
Goal: Facilitate transit improvements and
connections, with a focus on emerging
mobility technologies. Policies:
•Focus transit service along corridors
•Coordinate with transit providers to assure multi-
modal connections
•Coordinate infrastructure
•Support of last-mile strategies
•SMART coordination to possibly add a station in
the Northwest Specific Plan area
Page 23
Northwest
Business
Park Area
Circulation Element Study Session | March 23, 2021
Goal: To provide a Citywide comprehensive parking system that is
integrated with alternative modes of transportation
Goal: To promote and support the use of electric vehicles for residents,
employees and visitors
Goal: To respond to evolving and emerging transportation trends and
technologies
Page 24
Circulation Element Study Session | March 23, 2021 25
Circulation Element Study Session | March 23, 2021
Goal: To promote the safe and efficient
movement of goods through the city to
support business and commercial activity.
Policies:
•Preferred truck routes
•Engage with SMART regarding movement of
goods by rail
•Engage with SMART regarding train noise
mitigation
Page 26
Circulation Element Study Session | March 23, 2021
Implementation Measures(cont.):
•Bicycle and Pedestrian Updates
•Streamline Multi-modal Mixed-Use
development
•Develop a mobility hubs program
•Implement improvement projects that support
transit
•Assure and expand transit use
•Search for funding sources
Page 27
Circulation Element Study Session | March 23, 2021
Project
Initiation
1
General
Plan
5
Existing
Conditions
2
Visioning
& Issues
3
Alternatives
4
Adoption
7
Program
EIR
6
28
•PC Study Sessions
•CC Study Sessions
•Community Workshop
•PC Study Session
•CC Study Session
•Community Workshops
•PC Study Session
•CC Study Session
•Community Open House on
the Draft General Plan
•Scoping Meeting
•Town Hall Meeting
•PC Hearing
•CC Hearings
•Final General Plan
•Adoption Hearing
Circulation Element Study Session | March 23, 2021
Planning Commission review of Climate Element
Additional Study Sessions at the City Council
•Climate Element
•Environmental Justice
•Public Facilities, Health & Safety, Resource Conservation
Staff and the consultant team will be compiling comments to create the
public review draft
29
ITEM NO. 7.D.
1
Meeting Date: April 27, 2021
Department: Development Services
Submitted By: Mary Grace Pawson PE, Development Services Director
Prepared By: Mary Grace Pawson PE, Development Services Director
Agenda Title: Consideration of a Resolution Declaring Intention to Form the Bristol Services
Community Facilities District to Fund Certain Public Services and Authorizing
and Directing Certain Related Actions
RECOMMENDED ACTION: Approve a Resolution Declaring Intention to Form the Bristol
Services Community Facilities District to Fund Certain Public Services and Authorizing and
Directing Certain Related Actions.
BACKGROUND: The Mello-Roos Community Facilities Act of 1982, beginning with
Government Code Section 53311 (the “Act”), is the statutory framework that provides the
authority and describes the methodology that local agencies may use to form Community
Facilities Districts (CFDs) and levy special taxes within the boundaries of those CFDs. Under the
Act, CFDs may be used to fund the provision of certain authorized public services or
maintenance and to finance the purchase, construction, expansion, improvement or rehabilitation
of public facilities.
The City’s Public Facilities Finance Plan (PFFP), originally developed in 2004 and most recently
updated in 2011, recognizes that CFDs provide an option for funding the construction of
infrastructure and the provision of services and maintenance. On November 28, 2006, the City
Council approved Resolution Number 2006-276 Adopting a Statement of Local Goals and
Policies Concerning the Use of the Mello-Roos Community Facilities Act of 1982, which is the
first step in forming CFDs. The City Council updated these local goals and policies on August
26, 2014, with Resolution Number 2014-104.
On August 14, 2018, the City Council adopted Resolution 2018-112 Approving a Tentative
Subdivision Map and Development Area Plan to Allow for the Subdivision and Development of
Property (Commonly Known as the Gee Property) Located South of Keiser Avenue and within
the University District Specific Plan Area, Consisting of 42 Single Family Residential Lots. The
Conditions of Approval for this project, which has come to be known as the Bristol Project,
required the formation of a CFD to provide for the increased cost of services associated with the
development. Consistent with the Conditions of Approval, Signature Homes, the Bristol
developer, has filed a petition with the City requesting the formation of a Community Facilities
District to fund the cost of services and maintenance within the Project Area (Attachment 1). The
proposed Resolution of Intention is the first step in the CFD formation process.
ANALYSIS: With its Resolution of Intention, the City Council will be acting on the
Developer’s petition and taking the first steps to form the CFD and establish a levy of special
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO.
2
taxes within the boundaries of the CFD. The Resolution of Intention provides for a number of
actions that are described below.
1. The Resolution accepts the petition signed by the property owners.
2. The Resolution approves the Boundary Map of the proposed CFD. The boundaries of the
CFD include the limits of the 42-lot Bristol Subdivision and are illustrated in Resolution
Exhibit A. The Resolution also directs the recording of the Boundary Map, which will
provide constructive notice to future property owners that a special tax lien is being
considered.
3. The Resolution describes the list of services, including incidental expenses, that will be
funded by the CFD. These include public safety services, roadway maintenance and
repair services, minor landscape and lighting services and the maintenance and permit
compliance services associated with the storm water collection and treatment system
within the CFD. The maintenance and service activities are more particularly described in
Resolution Exhibit B.
4. The Resolution specifies the Rate and Method of Apportionment for the Special Tax,
which is included as Resolution Exhibit C and discussed in more detail below.
5. The Resolution sets a Public Hearing and calls for a special election on the proposed
special tax. Because the petition waives election waiting times, the Public Hearing and
election can occur at the same time and are proposed for June 8, 2021. Because there are
less than 12 registered voters within the boundaries of the proposed CFD, the property
owners will cast the ballots. Because the CFD will levy special taxes, it takes a two-thirds
majority of votes cast to approve the tax. CFD law requires that each owner receive a
vote for each acre, or portion of an acre, that it owns.
6. The Resolution directs staff to prepare a report on the proposed CFD including the budget
for the maintenance and services to be provided and a comparison of the revenue
generated by the CFD to the budget.
7. The Resolution directs staff to publish and mail notice of the Public Hearing and
distribute ballots to the property owners for the special election.
Rate and Method of Apportionment of the Special Tax: The residential component of the
Bristol project includes 42 market rate single family homes. Staff has calculated the cost of
services at $2,155/residence/year and this is the proposed annual special tax rate. The cost of
services per new resident is similar to that charged in the Willowglen and Westside CFDs, with
the primary difference being the type of facilities maintained by each CFD. The largest
components of the special tax are public safety and pavement maintenance services. Because the
subdivision consists of 42 similar single family lots, there is single special tax rate for each lot.
The CFD will collect $90,510 annually and includes provision for an annual adjustment to keep
up with inflation.
OPTIONS CONSIDERED:
1. Adopt the Resolution Declaring Intention to Form the Bristol Services Community
Facilities District. This is the recommended option because the City is in receipt of a
petition from the property owners to form the CFD and formation is consistent with the
Conditions of Approval for the Bristol Project.
ITEM NO.
3
2. Direct staff to make certain changes to the territory included in the CFD, the services
funded by the CFD and/or the Rate and Method of Apportionment for the CFD. This
option is not recommended because:
• the City is in receipt of a petition from the property owners requesting the
formation of a CFD that includes the proposed territory;
• the services included for funding and the budget proposed for the CFD are
consistent with the Conditions of Approval; and
• The proposed Rate and Method of Apportionment results in special tax structure
that covers the City’s costs.
3. Do not adopt the Resolution. This option is not recommended because forming the CFD
is necessary to satisfy the Conditions of Approval for the project.
FISCAL IMPACT/FUNDING SOURCE: There are no direct negative fiscal implications from
the requested action. The costs of forming the CFD will be covered by the reimbursement
agreement with the developer. The costs of providing services and administering the CFD will be
covered by the special taxes levied within the CFD.
Department Head Approval Date: 04/02/2021
Finance Director Approval Date: NA
City Attorney Approval Date: 04/16/2021
City Manager Approval Date: 04/21/2021
Attachments (list in packet assembly order):
1. Attachment 1 - Petition from Property Owners
2. Resolution Declaring Intention to Form the Bristol Community Facilities District to
Fund Certain Public Services and Authorizing and Directing Certain Related Actions
3. Resolution Exhibit A – Proposed Boundary Map
4. Resolution Exhibit B – Services Provided by the CFD
5. Resolution Exhibit C – Rate and Method of Apportionment for the Special Tax
RESOLUTION NO. 2021-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DECLARING INTENTION TO FORM THE BRISTOL COMMUNITY FACILITIES
DISTRICT TO FUND CERTAIN PUBLIC SERVICES AND AUTHORIZING AND
DIRECTING CERTAIN RELATED ACTIONS
WHEREAS, the City of Rohnert Park (the “City”) has received a petition requesting the
institution of proceedings for the establishment of a community facilities district to fund certain
public services (the “Community Facilities District”), which petition is signed by the owners of all of
the land within the boundaries of the territory proposed for inclusion in the Community Facilities
District and which petition meets the requirements of Sections 53318 and 53319 of the Government
Code of the State of California (the “Government Code”); and
WHEREAS, the City Council of the City (the “City Council”) desires to initiate the
requested proceedings by adopting this resolution of intention as provided in Section 53321 of the
Government Code and to establish the Community Facilities District consisting of the territory
described in Exhibit “A” hereto (which exhibit is incorporated herein by this reference), pursuant to
the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of
the Government Code (the “Act”), in order to fund (1) increased levels of one or more of the
services described in California Government Code Section 53313 that are in addition to those
services provided to the territory proposed to be included in the Community Facilities District at the
time the Community Facilities District is created, including the maintenance of public facilities
within the Community Facilities District, and (2) the incidental expenses to be incurred in
connection with funding the services, and forming and administering the Community Facilities
District; and
WHEREAS, Exhibit “B”, which is incorporated herein by this reference, provides a more
complete description of the services to be funded (collectively, the “Services”) and the incidental
expenses incurred (collectively the ‘Incidental Expenses”); and
WHEREAS, the City Council further intends to approve an estimate of the costs of the
Services and the Incidental Expenses for the Community Facilities District; and
WHEREAS, it is the intention of the City Council to consider funding the Services and the
Incidental Expenses through the formation of the Community Facilities District and the levy of a
special tax, provided that the special tax levy is approved at an election to be held for the
Community Facilities District;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Rohnert Park
that it does hereby find, determine, resolve and order as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. A community facilities district is proposed to be established under the terms
of the Act to be designated as “City of Rohnert Park Community Facilities District No. 2021-01
Resolution 2021-045
2
(Bristol Services) (the “Community Facilities District”). It is further proposed that the boundaries of
the Community Facilities District shall be the legal boundaries of the parcels described in Exhibit
“A” hereto, as depicted on the map of the Community Facilities District which is on file with the
City Clerk, which boundaries shall, upon recordation of said map, include the entirety of any parcel
subject to taxation by the Community Facilities District. The City Clerk is hereby authorized and
directed to sign the original map of the Community Facilities District and record it with all proper
endorsements thereon with the County Recorder of the County of Sonoma within 15 days after the
adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the
State of California.
SECTION 3. The Services proposed to be provided within the Community Facilities
District are set forth in Exhibit “B” hereto and are “services” as defined in the Act. The City Council
hereby finds and determines that the description of the Services herein is sufficiently informative to
allow taxpayers within the Community Facilities District to understand what the Community
Facilities District may fund. The City Council hereby finds that the Services are necessary to meet
increased demands placed upon the City as a result of development occurring in the Community
Facilities District.
SECTION 4. Except where funds are otherwise available, it is the intention of the City
Council to levy annually in accordance with the procedures contained in the Act a special tax,
secured by a continuing lien against all non-exempt real property in the Community Facilities
District, sufficient to pay for the Services and Incidental Expenses. The rate and method of
apportionment and manner of collection of the special tax in the Community Facilities District is
described in detail in Exhibit “C” attached hereto (which exhibit is incorporated herein by this
reference). Exhibit “C” allows each landowner within the Community Facilities District to estimate
the maximum amount that may be levied against each parcel.
The special tax is based on the expected demand that each parcel of real property within the
Community Facilities District will place on the Services and on the benefit that each parcel will
derive from the Services. The City Council hereby determines the rate and method of apportionment
of the special tax set forth in Exhibit “C” to be reasonable. The special tax is apportioned to each
parcel on the foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on,
or based upon, the value or ownership of real property. In the event that a portion of the property
within the Community Facilities District shall become for any reason exempt, wholly or partially,
from the levy of the special tax specified in Exhibit “C,” the City Council shall, on behalf of the
Community Facilities District cause the levy to be increased, subject to the limitation of the
maximum special tax for a parcel as set forth in Exhibit “C,” to the extent necessary upon the
remaining property within the Community Facilities District which is not exempt in order to yield
the special tax revenues required for the purposes described in this Section. The obligation to pay
special taxes may be not prepaid.
SECTION 5. A public hearing (the “Hearing”) on the establishment of the Community
Facilities District shall be held at 5:00 p.m., or as soon thereafter as practicable, on June 8, 2021, at
the City Hall Council Chambers, 130 Avram Avenue, Rohnert Park, California. If the City Council
determines to establish the Community Facilities District, a special election will be held to authorize
the levy of the special tax and to approve an appropriations limit for the Community Facilities
District in accordance with the procedures contained in Government Code Section 53326. If such
election is held, the proposed voting procedure at the election will be a landowner vote with each
Resolution 2021-045
3
landowner who is the owner of record of land within the Community Facilities District at the close of
the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof
owned within the Community Facilities District. Ballots for the special election may be distributed
by mail or by personal service.
SECTION 6. At the time and place set forth above for the Hearing, any interested person,
including all persons owning lands or registered to vote within the Community Facilities District,
may appear and be heard.
SECTION 7. Each City officer who is or will be responsible for providing the Services
within the Community Facilities District, if it is established, is hereby directed to study the
Community Facilities District and, at or before the time of the Hearing, file a report with the City
Council containing a brief description of the public services by type which will, in his or her opinion,
be required to meet adequately the needs of the Community Facilities District and an estimate of the
cost of providing those public services and an estimate of the fair and reasonable cost of any
Incidental Expenses to be incurred.
SECTION 8. The City may accept advances of funds or work-in-kind from any source,
including, but not limited to, private persons or private entities, for any authorized purpose,
including, but not limited to, paying any cost incurred by the City in establishing the Community
Facilities District. The City may enter into an agreement with the person or entity advancing the
funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or
entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City
Council, with or without interest.
SECTION 9. The City Clerk is hereby authorized and directed to publish a notice (the
“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of
general circulation published in the area of the Community Facilities District. Such publication shall
be completed at least seven (7) days prior to the date of the Hearing. The City Clerk is further
authorized and directed to mail a copy of the Notice to each registered voter and each of the
landowners within the boundaries of the Community Facilities District at least 15 days prior to the
Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the
Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a
description of the protest rights of the registered voters and landowners in the Community Facilities
District and a description of the proposed voting procedure for the election required by the Act.
SECTION 10. This Resolution shall be effective upon its adoption.
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.
Resolution 2021-045
4
DULY AND REGULARLY ADOPTED this 27th day of April, 2021.
CITY OF ROHNERT PARK
____________________________________
Gerard Guidice, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
Exhibit B
Exhibit C
ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
COUNTY RECORDER'S STATEMENT
FILED THIS _____ DAY OF ____________, 20__, AT _____O'CLOCK _.M. IN BOOK _____ OF MAPS, PAGE(S) ________ OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AND AS INSTRUMENT No. ________ IN THE OFFICE OF THE COUNTY
RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA, AT THE REQUEST OF MARY GRACE PAWSON, CITY ENGINEER.
FEE PAID $SIGNED
RECORDER OF THE COUNTY OF SONOMA
STATE OF CALIFORNIA
DOCUMENT NO. BY:
CITY CLERK'S STATEMENT
I, SYLVIA LOPEZ CUEVAS, CITY CLERK OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, DO
HEREBY STATE THAT THIS MAP, SHOWING THE PROPOSED BOUNDARIES OF COMMUNITIES FACILITIES DISTRICT 2021-01
(BRISTOL SERVICES), WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, AND IS ON FILE IN MY
OFFICE.
THIS __________ DAY OF __________________________ 2021 BY ITS RESOLUTION 2021
DATE:
SYLVIA LOPEZ CUEVAS, CITY CLERK
CITY OF ROHNERT PARK
STATE OF CALIFORNIA
PROPOSED BOUNDARIES OF CITY OF ROHNERT PARK COMMUNITIES FACILITIES DISTRICT 2021 01
CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA
Bristol Community Facilities District
Exhibit B
DESCRIPTION OF SERVICES AND INCIDENTAL EXPENSES
The Services (“services” shall have the meaning given that term in the Mello-Roos Community
Facilities Act of 1982) proposed to be financed by the special taxes, including all related
administrative and incidental expenses are : the provision of public safety and police protection
services to developed property, the maintenance and rehabilitation of publicly owned streets, the
maintenance, and rehabilitation of publically owned landscapes, lighting, signage, curbs, gutters, and
sidewalks, and the permitting, operation, maintenance, monitoring, maintenance and rehabilitation of
publically owned drainage and storm water treatment systems, together with all appurtenances and
appurtenant work in connection with the foregoing and any other expense incidental to providing the
Services and maintaining the facilities that provide the Services, all to the extent that such services
are in addition to those provided in the territory of the Community Facilities District prior to its
creation.
The Services listed herein are representative of the types of Services authorized to be funded by the
Community Facilities District and the detailed scope and limits of specific maintenance activities and
projects will be determined as appropriate, consistent with the standards of the City. Addition,
deletion or modification of descriptions of the Services may be made consistent with the
requirements of the City Council of the City of Rohnert Park and the Mello Roos Community
Facilities District Act of 1982.
The Incidental Expenses to be paid from the special taxes include: all costs associated with the
creation of the Community Facilities District and the annual administration cost of the Community
Facilities District, including the costs of developing budgets, calculating the special taxes and levying
the taxes with the County of Sonoma for collection. Annual administration costs may include costs
for City staff time as well as outside legal and financial consultants and any fees charged by the
County of Sonoma.
City of Rohnert Park CFD No. 2021-1 1 April 20, 2021
CITY OF ROHNERT PARK
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(BRISTOL – SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes shall be levied on all Assessor’s Parcels in the City of Rohnert Park Community
Facilities District No. 2021-1 (Bristol – Services) (“CFD No. 2021-1”) and collected each Fiscal
Year commencing in Fiscal Year 2021-22, in an amount determined by the City Council of the City
of Rohnert Park through the application of the Rate and Method of Apportionment, as described
below. All of the real property in CFD No. 2021-1, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms as may hereinafter be set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5 of Part 1 of Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2021-1: the costs of computing the Special
Taxes and preparing the annual Special Tax collection schedules (whether by the City or
CFD No. 2021-1, or both); the costs of collecting the Special Taxes (whether by the County
or otherwise); the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No.
2021-1 related to an appeal of the Special Tax; the City’s administration fees and third party
expenses; the costs of City staff time and reasonable overhead related to CFD No. 2021-1;
and amounts estimated or advanced by the City or CFD No. 2021-1 for any other
administrative purposes of CFD No. 2021-1, including attorney’s fees and other costs related
to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map
with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating
parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number
assigned to such Assessor’s Parcel by the County for purposes of identification.
“CFD Administrator” means an official of the City responsible for determining the Special
Tax Requirement, providing for the levy and collection of the Special Tax, and performing
the other duties provided for herein.
City of Rohnert Park CFD No. 2021-1 2 April 20, 2021
“CFD No. 2021-1” means City of Rohnert Park Community Facilities District No. 2021-1
(Bristol – Services).
“City” means the City of Rohnert Park, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD
No. 2021-1.
“County” means the County of Sonoma.
“CPI” means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for
All Urban Consumers, All Items, in the San Francisco-Oakland-Hayward area, measured in
the month specified in this Rate and Method of Apportionment. In the event this index
ceases to be published, the CPI shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Consumer Price Index for the San
Francisco-Oakland-Hayward area.
“Final Mapped Property” means, for each Fiscal Year, all Taxable Property that as of June
1 of the previous Fiscal Year was located within a Final Subdivision Map. The term Final
Mapped Property shall include any parcel map or Final Subdivision Map, or portion thereof,
that creates individual lots for which a building permit may be issued, excluding Parcels that
are designated as a remainder Parcel (i.e., one where the size, location, etc., precludes any
further subdivision or taxable use).
“Final Subdivision Map” means a final tract map, parcel map, or lot line adjustment
approved by the City pursuant to the Subdivision Map Act (California Government Code
Section 66410 et seq.) or a condominium plan recorded pursuant to California Civil Code
1352 that, in either case, creates individual lots for which building permits may be issued
without further subdivision.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Maximum Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property,
the maximum Special Tax determined in accordance with Sections C and D below that can
be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property.
“Property Owner Association Property” means, for each Fiscal Year, property within the
boundaries of CFD No. 2021-1 that was owned by a property owner association, including
any master or sub-association, as of June 1 of the prior Fiscal Year.
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum
Special Tax is equal for all Assessor’s Parcels of Final Mapped Property.
“Public Property” means, for each Fiscal Year, property within the boundaries of CFD No.
2021-1 that is: (i) owned by, irrevocably offered to, or dedicated to the federal government,
the State, the County, the City, or any local government or other public agency; or (ii)
encumbered by an easement for purposes of public or utility right-of-way that makes
City of Rohnert Park CFD No. 2021-1 3 April 20, 2021
impractical its use for any purpose other than that set forth in such easement, provided that
any property leased by a public agency to a private entity and subject to taxation under
Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of
Special Tax.
“Services” means the services authorized to be financed, in whole or in part, by CFD No.
2021-1.
“Special Tax” means the special tax authorized by the qualified electors of CFD No. 2021-1
to be levied in any Fiscal Year within the boundaries of CFD No. 2021-1 to pay the Special
Tax Requirement, as defined below.
“Special Tax Requirement” means the amount necessary in any Fiscal Year to pay the cost
of the Services, Administrative Expenses, an amount to create a sinking fund for Services
that could not otherwise be funded in a given Fiscal Year, an amount to build a reserve fund
for capital replacement, and an amount equal to Special Tax delinquencies based on the
historical delinquency rate for Special Taxes, as determined by the CFD Administrator.
“State” means the State of California.
“Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels within the
boundaries of CFD No. 2021-1 which are not exempt from the Special Tax pursuant to law
or Section E below.
“Undeveloped Property” means any Taxable Property that is not Final Mapped Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2021-22, all Taxable Property within CFD No.
2021-1 shall be classified as Final Mapped Property or Undeveloped Property, and shall be
subject to Special Taxes in accordance with the Rate and Method of Apportionment as
determined pursuant to Sections C through D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Final Mapped Property
shall be $2,155 per Parcel in Fiscal Year 2021-22.
On June 1, 2022, and June 1 of each subsequent Fiscal Year, the Maximum Special Tax to be
applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to the
percentage increase, if any, in the CPI from June 1 of the prior Fiscal Year to June 1 of the
current Fiscal Year.
City of Rohnert Park CFD No. 2021-1 4 April 20, 2021
D. METHOD OF LEVY OF THE SPECIAL TAX
Each Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and
levy the Special Tax Proportionately on each Assessor’s Parcel of Final Mapped Property up
to 100% of the Maximum Special Tax for each Assessor’s Parcel until the amount levied on
Final Mapped Property is equal to the Special Tax Requirement.
E. EXEMPTIONS
Notwithstanding anything in this Rate and Method of Apportionment to the contrary, no
Special Tax shall be levied on Public Property or Property Owner Association Property.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that the Special Tax may be collected in such
other manner as the City Council shall determine, including direct billing of affected
property owners.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax
Requirement, unless no longer required to pay for Services.
H. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this
Rate and Method of Apportionment that do not materially affect the rate and method of
apportioning the Special Tax. In addition, the interpretation and application of any
section of this Rate and Method of Apportionment shall be left to the City’s discretion.
Interpretations may be made by the City Council by ordinance or resolution for purposes
of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
Mary Grace Pawson, Development Services Director
1
2
Lawrence
Jones Middle
School
Keiser Avenue Bristol Subdivision
Vast Oak
Subdivision
Crane Creek
SnyderLaneCity Limit Line
3
Stormwater
Basin
Keiser Avenue Frontage
Oak Circle Pavement,
Sidewalks and
Lighting
Services Funded
◦Public Safety Services
◦Street and Streetscape Maintenance Services
◦Storm Water Management and Treatment Services
Maximum Special Tax is $2,155/unit/year
Tax due is due annually and will be placed on
the tax role in Fiscal Year 21-22
4
Resolution
of Intention •Tonight
Resolution of
Establishment
Special Election
(Landowner Vote
Resolution
Certifying
Election
Ordinance
Levying Special
Tax
5
June 8 2021
June 8 2021
June 8 2021
Introduce
June 8 2021
ITEM NO. 7.E.
1
Meeting Date: April 27, 2021
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Eydie Tacata, Management Analyst
Agenda Title: Discussion and Direction: Marin-Sonoma Bike Share Pilot Program
RECOMMENDED ACTION: Receive informational report and provide direction on the Marin-
Sonoma Bike Share Pilot Program Coordinating Agreement.
BACKGROUND:
In 2016, the Bay Area regional transportation planning agency, the Metropolitan Transportation
Commission (MTC), issued a call for projects for the Bike Share Capital Grant Program, which
provides capital assistance to start/expand bike share programs. SCTA and the TAM jointly applied for
funding to jump start a bike share program along the SMART corridor. Agencies along the SMART
corridor and included in the grant application were the cities of Santa Rosa, Cotati, Petaluma, Novato,
San Rafael and Larkspur and Rohnert Park. The Rohnert Park City Council authorized participation in
the grant effort at the June 14, 2016 Rohnert Park City Council meeting.
Rohnert Park has particular characteristics that should help bike share succeed. The Rohnert Park and
Cotati SMART stations, business areas, major employers, educational institutions, civic services and
other attractors are well within the 1-3 mile distance that most bike share programs see their members
traveling each trip. The city bicycle infrastructure of on-street bike lanes and off-street bike paths are
fairly-well connected. The city’s terrain is flat, making it easy to bike.
The bike share program will increase mobility and connectivity for commuters using SMART and
needing to get to nearby destinations; expand the reach of fixed-route bus services such as Sonoma
County Transit or Golden Gate Transit; and provide a convenient and user-friendly alternative to cars
for running errands around town. The bike share program has the potential of attracting new riders by
reducing common barriers to entry for new bicyclists such as storing and maintaining their own
bicycles. Furthermore, as bike share hubs are set up in popular destinations for shopping and services,
the program may also encourage utilitarian bicycle use by those who bike mostly for recreation.
If successful, the bike share system will help achieve meaningful mode shift from single-occupancy
vehicle use to alternative transportation, which is important to reducing traffic congestion, vehicle-
miles traveled (VMT), and greenhouse gas emissions (GHG) — specific goals in the Sonoma Climate
Mobilization Strategy presently in draft and which is supported by the Rohnert Park City Council.
In 2018, MTC awarded SCTA and TAM a grant of $826,000 for the Marin-Sonoma Bike Share
Program (“Program”). The grant will fund the Program’s capital costs, including a minimum of 300
electric-assisted bikes distributed among the participating jurisdictions in the two-county system,
parking hub equipment, software and rebalancing vehicles. SCTA and TAM (“Coordinating
Agencies”) will manage the program and grant funds and also oversee the bike share operator, Bolt
ITEM NO. 7.E.
2
Mobility, in accordance with a Program Agreement among the three parties. Agencies included in the
regional bike share network are presently participating in a Bike Share Technical Working Group to
advise SCTA, TAM and Bolt Mobility in preliminary site planning. The Bike Share Technical
Working Group has also worked to formalize the roles and responsibilities of the participating agencies
with respect to the Coordinating Agencies and Bolt Mobility through a Coordinating Agreement, a
draft of which is attached to this report.
Through the spring of 2021, Bolt Mobility will complete the technical demand analysis to determine
service areas and distribution of bicycles. Bolt Mobility is surveying potential bike parking sites in
coordination with participating agencies, also reaching out to key stakeholders (e.g. major employers,
institutions, generators and attractors for bike share). The public will also have opportunities to provide
feedback on bike parking siting.
In April and May of 2021, all of the parties to the Coordination Agreement are expected to bring the
Agreement to their respective governing bodies for approval, with a goal of launching the Program this
summer. The SCTA Board considered and approved the Coordination Agreement at their April 12,
2021 meeting. The anticipated general timeline for the Program launch and operations is in Table 1.
Table 1: TIMELINE FOR BIKE SHARE PROGRAM LAUNCH
Entity Activity Timeframe
Participating Agencies • Approval of Coordination Agreement
• Approval of Resolution Allowing Bolt Mobility to Operate
the Bike Share Program Within Participating Agency
Jurisdiction
April / May
2021
Bolt Mobility • Completion of Demand Analysis, Parking/Hub Site Selection,
Market and Pricing Structure Analysis
• Development of Marketing and Outreach Plan, online
presence
• Procurement of bicycles, equipment, rebalancing vehicles;
hiring local staff; securing warehousing
• Applying for and securing permits
• Installation of site equipment
Late Spring /
Early Summer
2021
Bolt Mobility,
Coordinating Agencies,
Participating Agencies
• Launch events and outreach Summer 2021
Bolt Mobility • System in full operation Late Summer /
Early Fall 2021
DISCUSSION: To participate in the Bike Share Program, each Participating Agency must enter into
the Coordination Agreement. By signing on to the Coordination Agreement, Rohnert Park is agreeing
to be part of the first regional bike share network in the North Bay Area, and joining other Greater Bay
Area communities to expand bike share as a viable alternate form of transportation.
The Coordination Agreement establishes certain rights, liabilities, and responsibilities of each Party
with respect to the Program, and defines the organizational, management, and operational structure for
the successful development of the Program. Table 2 below summarizes the main provisions of the
Coordinating Agreement.
ITEM NO. 7.E.
3
Table 2: SUMMARY OF COORDINATION AGREEMENT MAIN PROVISIONS
Coordinating Agencies Participating Agencies Operator
COSTS SCTA and TAM bears costs
for:
• Managing the Program
• Administering MTC Bike
Share grant
City bears costs for:
• Negotiating the Agreement
• Site selection
• Permit review and issuance
for operation
• Site preparation for City-
owned sites
• Enforcement
Operator bears costs for:
• Equipment
• Software
• Services (marketing,
memberships, customer
service)
• Installation, Operations and
Maintenance
PROGRAM ROLES • Serve as Program
Administrators, Fiscal
Agent
• Maintain records of the
Program and its
operation
• Provide system data to
the Participating
Agencies on a regular
basis
• Participate in Technical
Working Group to
coordinate activities of the
Program and provide non-
binding advice on various
Program elements
• Cooperate with
Coordinating Agencies on
public participation and
engagement
Implement, operate and
maintain bike share system.
(The Program Agreement
between the Operator and
Coordinating Agencies, SCTA and
TAM contains the bike share
system scope of work for the
Operator.)
ACCESS TO
PROPERTY
N/A • Provide Operator access to
public right of way to install
and operate bike share
parking hubs
N/A
INSTALLATION
N/A • Review Site Permits
applications and respond
within timeframes
• Waive fees for site permits;
installations of hubs
• Submit Site Plans to
Participating Agency
• Install hubs in conformance
with approved and permitted
Site Plans
OPERATIONS N/A • Waive applicable permit
fees for operations during
the Pilot Period
• Track bicycles and station
occupancy, provide interactive
map
• Provide customer service via
Call Center, website, and
phone app
• Rebalance bicycles throughout
system
• Maintain, inspect and repair all
equipment, software
• Maintain system structures at
hubs, including concrete or
asphalt beneath stations
• Remove graffiti and debris on
and around system structures
ITEM NO. 7.E.
4
The Coordination Agreement specifies that the term of the pilot program will run until April 14, 2025.
The Coordination Agreement is not meant to specify the number of bikes allocated to each jurisdiction,
nor the number or type of hubs installed in Participating Agencies’ service areas or properties. Rather,
these are determined by the demand and siting analysis, in-field planning, and stakeholder and
community engagement work that is part of the separate Program Agreement scope of work for Bolt
Mobility. The bicycle distribution and hub placement will be optimized to maximize ridership across
the whole system. Staff will provide updates to the City Council on program implementation as more
details become available later this spring and summer.
During the pilot program, in addition to the grant funds to pay for the capital costs of the system, Bolt
will receive revenue from ridership and will pursue sponsorships, with the goal of building a program
that is self-sustaining without additional public funding after the pilot.
STRATEGIC PLAN ALIGNMENT: The Marin Sonoma Bike Share Program supports Strategic
Plan Goal D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
No other options to requesting direction from the Rohnert Park City Council were considered.
Staff recommends that the City Council direct staff to bring forward a resolution waiving permit and
processing fees related to implementing the Marin-Sonoma Bike Share Program, approving the
Coordination Agreement, and allowing Bolt Mobility operate the bike share program in Rohnert Park.
FISCAL IMPACT/FUNDING SOURCE: While the capital costs of the Bike Share Program will be
funded through the MTC grant awarded to SCTA and TAM, the expected costs to the City will include
staff time costs, mostly in Bike Share Technical Working Group participation and in permitting. The
Cooperative Agreement provides that the City will waive all permitting fees associated with
installation and operations of the program. The cost of reviewing and processing encroachment permits
for bike share parking sited in the City right-of-way or for site plan review for parking sites on non-
City owned property is estimated to range from $2,000 to $4,000 per site. Very early surveys of bike
share hub locations desired by stakeholders indicates a potential of 6 sites in Rohnert Park, therefore,
the estimated total cost of the fee waivers could be from $12,000 - $24,000. These costs have been
budgeted in next fiscal year’s Development Services Operating Budget, which is funded in part by the
General Fund. The General Fund is an appropriate funding source for these City right-of-way activities
and expanding transportation options to benefit the community at large.
It should be noted that the Rohnert Park Municipal Code provides that the City Council may waive
fees through an action such as a resolution, not through the approval of an Agreement such as this. City
staff will include the waiver of fees in the forthcoming resolution to approve the Coordination
Agreement and allow Bolt Mobility to operate a Bike Share Program in Rohnert Park.
Department Head Approval Date: 04/12/2021
Finance Director Approval Date: 04/14/2021
City Attorney Approval Date: N/A
City Manager Approval Date: 04/20/2021
ITEM NO. 7.E.
5
Attachments:
1. Draft Coordination Agreement
DRAFT FOR DISCUSSION ONLY COORDINATION AGREEMENT between THE SONOMA COUNTY TRANSPORTATION AUTHORITY, THE TRANSPORTATION AUTHORITY OF MARIN, BOLT MOBILITY, as Operator of the Marin-Sonoma Bike Share Program, and PARTICIPATING AGENCIES for THE MARIN-SONOMA BIKE SHARE PROGRAM
Table of Contents
Section 1.0 DEFINITIONS 2
Section 2.0 TERM OF THE AGREEMENT 5
Section 3.0 COSTS 5
Section 4.0 TECHNICAL ADVISORY WORKING GROUP 6
Section 7.0 DATA SHARING 8
Section 8.0 REALLOCATION OF EQUIPMENT 8
Section 9.0 INSURANCE 8
Section 10.0 INDEMNIFICATION 8
Section 11.0 OTHER PROVISIONS 10
Section 12.0 NOTICES 11
Section 13.0 PERMITTING 11
Section 14.0 SITE PLANS ON PUBLIC PROPERTY 12
Section 15.0 INFILL SITE SELECTION PROCESS 12
Section 16.0 parking, operation, and maintenance 13
Section 17.0 HUB DEACTIVATION, RELOCATION, DE-INSTALLATION, REINSTALLATION, AND
ADJUSTMENT 14
Section 18.0 NOTIFICATIONS REGARDING HUB DEACTIVATION, RELOCATION, DE-INSTALLATION,
REINSTALLATION, ADJUSTMENT, AND SERVICE INTERRUPTIONS 16
Section 19.0 MERCHANDISING, LICENSING, AND INTELLECTUAL PROPERTY 16
Section 20.0 MARKETING 16
Section 21.0 RESERVED TO THE PARTICIPATING AGENCIES 16
Section 22.0 RESOLUTION OF DISPUTES BETWEEN OPERATOR AND THE PARTICIPATING AGENCIES
UNDER THIS AGREEMENT 17
Section 23.0 ASSIGNMENT BY OPERATOR 18
DRAFT FOR DISCUSSION ONLY – revised 2/233/25/2021
1
COORDINATION AGREEMENT
FOR THE MARIN-SONOMA BIKE SHARE PROGRAM
This coordination agreementThis Coordination Agreement for the Marin-Sonoma Bike Share Program (hereinafter, this “Agreement”) has been executed and delivered as of ___________ (the “Effective Date”) by and between the SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) and the TRANSPORTATION AUTHORITY OF MARIN (TAM) as the “Coordinating Agencies,” BOLT MOBILITY, as the "Operator" of the Program (as defined in the last recital below), and the entities names in Appendix A collectively referred to as the “Participating Agencies.” SCTA, TAM, Operator and each of the Participating Agencies is referred to herein as a “Party” and collectively as the “Parties.” RECITALS On February 10, 2020, following negotiations with Bolt Mobility, the Sonoma County Transportation Authority (SCTA)Operator, SCTA Board authorized SCTA’s Executive Director or designated representative to enter into a contract with Operator. On April 13, 2020, SCTA and Bolt Mobility (“Operator”) executed an agreement, which provides for the creation and operation of a bike share pilot program (“Program”) in the jurisdictions of each Participating Agency listed in Appendix A of this Agreement. The Parties therefore agree as follows: PURPOSE The purpose of this Agreement is to establish the certain rights, liabilities, and responsibilities of each Party with respect to the Program, and to define the organizational, management, and operational structure for the successful development of the Program.
DRAFT FOR DISCUSSION ONLY – revised 2/233/25/2021
2
SECTION 1.0 DEFINITIONS
1.1. “Agreement” has the meaning given such term in the Preamble.
1.2. “Bicycle” shall mean a Class 1 electric assist vehicle with pedals and with 2 wheels held in a frame
and aligned one behind the other and steered with a handle bar, consistent with the California
Vehicle Code, Division 1, Section 312.4(a)(1) definition of a “class 1 electric bicycle.” “Bicycle” shall
not include motorized vehicles, including scooters or mopeds.
1.3. “Claims” has the meaning given such term in Section 10.0.
1.4. “Continued Program” shall mean the continuation of the bike share Program after the end date of
the Pilot Period.
1.5. “Coordinating Agencies” has the meaning given such term in the Preamble.
1.6. “Deactivation” shall mean designation of a Hub as “Out of Service” on the Program website, app,
and all other real-time data sources.
1.7. “De-Installation” shall mean, at a minimum, (i) the temporary or permanent full removal of the
Hub and its associated Street Treatments, and, (ii) the designation of the Hub as “Out of Service”
on, or removal of the Hub from, the Program website, app, and all other real-time data sources.
1.8. “Dispute Resolution Process” has the meaning given such term in Section 22.1.
1.9. “Effective Date” has the meaning given such term in the Preamble.
1.10. “Equipment” shall include, Racks, Bicycles, Hub Signage, Street Treatments, rebalancing vehicles,
and any hardware required for operations of the system either individually or in any combination
thereof.
1.11. “Executive Directors” shall mean the Executive Directors of SCTA and TAM.
1.12. “Hub” shall mean elements that may include, but are not limited to, signage, map module, a
variable number of Parking Spaces, including Bicycle Racks and/or Virtual Hubs, and when
applicable, Street Treatment(s) and Street Markings.
1.13. “Hub Adjustment” shall mean any changes to Site configuration from the permitted Site Plan.
1.14. “Indemnified Party” and “Indemnified Parties” have the meaning given such terms in Section 9.
1.15. “Infill” shall mean the placement of additional Racks within the Service Area in order to address
unmet demand or community request.
1.16. “Initial Meeting Date” has the meaning given such term in Section 22.0.
1.17. “Installation Scheduling Permits” shall mean permits required for the scheduling of the
installation of Hub-related Equipment at Sites proposed for Racks for which a Site Permit has been
issued as a check for conflicts with other activities at the same location.
1.18. "Jurisdiction" means a) for cities, all real property within the incorporated territory of such city; b)
for special districts, all real property over which they have an ownership or leasehold interest.
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1.19. “Liabilities” has the meaning given such term in Section 9.2.
1.20. “Operator” has the meaning given such term in the Preamble. The term “Operator” shall also
include the permitted successors and assigns of the Operator named herein.
1.21. “Parking Space” shall mean one designated parking space for bike share bicycles designated by
Bicycle Racks or Virtual Hubs.
1.22. “Participating Agency” and “Participating Agencies” have the meaning given such terms in the
Preamble and are listed in Appendix A.
1.23. “Party” and “Parties” have the meaning given such terms in the Preamble.
1.24. “Person” shall mean any human being or any association, firm, partnership, joint venture,
corporation, limited liability company, governmental entity, or other legally recognized entity,
whether for profit or not for profit.
1.25. “Pilot Period” shall mean a duration of three years from the first date of Program operations plus
any agreed upon extensions ending no later than April 13, 2025.
1.26. "Pilot Program" shall include the size and distribution of bicycles, Racks, other Hub Equipment,
and operations for the Pilot Period.
1.27.1.26. “Pilot Program Participating Agencies” shall include the following agencies: City of Santa
Rosa, City of Rohnert Park, City of Cotati, City of Petaluma, City of Novato, City of San Rafael, City
of Larkspur, Sonoma-Marin Area Rail Transit, Golden Gate Bridge Highway and Transportation
District.
1.28. “Program” has the meaning given such term in the Recitals.
1.27. “Program” shall include operations of a public bike sharing system in which bicycles are made
available to individuals for short-term rentals through a membership and shared mobility
platform, and include the size and distribution of Bicycles, Racks, Hubs, other Equipment for the
Pilot Period.
1.29.1.28. “Program Density” shall mean the distribution of Parking Spots within the Service Area.
1.30.1.29. “Public Entity Parties” shall mean SCTA, TAM and the Participating Agencies.
1.31.1.30. “Public Safety Emergency” shall mean an instance when:
1.31.1.1.30.1. Equipment is damaged or in an unsafe state so as to present an immediate
danger to the public; or
1.31.2.1.30.2. Circumstances or situations surrounding Equipment create an imminent danger
to the public; or
1.31.3.1.30.3. The area around a Hub becomes unsafe; or
1.31.4.1.30.4. A Participating Agency determines, in its sole discretion or pursuant to any
authority the Participating Agency has under law, that it is necessary to respond to
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exigent circumstances, an emergency or to otherwise protect public health and safety,
including, without limitations, in instances of a natural disaster or to avoid a calamity.
1.32.1.31. “Rack” shall mean a modular bicycle rack designated for locking and storing bike share
bicycles.
1.33.1.32. "Service Area" shall mean the geofenced areas designated through development of the
Program to confine the area in which bicycles may be parked.
1.34.1.33. “Services” shall mean the Operator’s installation, operation and maintenance of the
Racks and the acquisition, placement, maintenance, and rental to users of the Bicycles.
1.35.1.34. “Shared Mobility Device User” shall mean a Person who has set up a user account and
agreed to the terms and conditions to participate in the bike share Program.
1.36.1.35. “Site” shall mean a designated area on publicly or privately owned real property, for
which a Site Permit has been issued and which area contains a Hub.
1.37.1.36. “Site Permits” shall mean any and all permits required by a Participating Agency for the
installation, maintenance, and operation of Hub-related Equipment at Sites proposed for Racks
(other than Installation Scheduling Permits or Special Traffic Permits).
1.38.1.37. “Site Plan” shall mean a scaled plan view of the Site, illustrating existing surface features
and proposed improvements and meeting the requirements given such term in Section 1314.
1.39.1.38. “Software” shall mean the software required to operate the Equipment.
1.40.1.39. “Special Traffic Permit” shall mean a permit required if installation of Hub-related
Equipment will temporarily interfere with pedestrian, bicycle, transit or vehicular traffic in a
material respect during installation.
1.41.1.40. “State” means the State of California.
1.42.1.41. “Street Marking(s)” shall mean thermoplastic paint markings and/or striping on the
pavement for the express purpose of demarcating a Hub.
1.43.1.42. “Street Treatments” shall mean the three-dimensional objects used to demarcate the
Hub, and protect it from adjacent parking and moving traffic. Such objects may include, but are
not limited to, delineators and wheel stops.
1.44.1.43. “Street Treatment Requirements” shall mean a Participating Agency’s requirements
with respect to Street Treatments.
1.45.1.44. “Technical Advisory Working Group” has the meaning given such term in Section 4.
1.46.1.45. “Term” has the meaning given such term in Section 2.
1.47.1.46. “Trip” shall mean the use of a Bicycle from one Hub to another Hub or back to the initial
Hub.
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1.48.1.47. “Underperforming Hub” shall mean a Hub for which Hub Usage is less than 0.5 Trips per
bike per day over a twelve-month period of operations, excluding days that the Hub is
Deactivated or temporarily De-Installed.
1.49.1.48. “Virtual Hubs” shall mean designated bicycle parking using Street Markings and Street
Treatments in place of Bicycle Racks.
SECTION 2.0 TERM OF THE AGREEMENT
2.1. The Term of this Agreement begins on the Effective Date and will continue through the end of the
Pilot Period and no later than April 13, 2025.
2.2. Notwithstanding any other provision of this Agreement, a Participating Agency shall have the
right, in its sole discretion, with or without cause to terminate that Participating Agency’s
participation in this Agreement by giving 90 days written notice to the Operator and Coordinating
Agencies in accordance with the Notice provisions in this Agreement.
SECTION 3.0 COSTS
3.1. Except as otherwise expressly provided for in this Agreement, each Participating Agency shall bear
its own costs in connection with the Pilot Program, if such costs are applicable, including, but not
limited to, costs incurred in connection with: negotiating this Agreement; Site selection; the
review required for issuance of permit to operate, Site Permits, Special Traffic Permits and other
permits; Site preparation; exercising enforcement, inspection and audit rights; and marketing, to
the extent that Coordinating Agencies and/or the Participating Agencies choose to undertake
marketing or outreach.
3.2. Except as otherwise provided in Sections 3.3 and 3.4, Pilot Program Participating Agencies shall
not be obligated, during the Pilot Period, to pay or bear any of the costs associated with or
expenses incurred for the Equipment, Software, or Services; including installation, operations and
maintenance.
3.3. Should a Pilot Program Participating Agency desire a Continued Program beyond the Pilot Period,
and/or add to the Bicycles and Equipment in the Pilot Program, such Participating Agencies shall
be responsible for negotiating directly with the Operator and securing funds to pay for any cost
required for leasing, purchasing, installing, maintaining and operating the Equipment within their
respective Jurisdictions.
3.4. Any Participating Agency, other than those named in the Pilot Program Participating Agencies,
may elect, to extend or expand the Program within the borders of its Jurisdiction by adding
Equipment provided that such Participating Agency shall be responsible for negotiating directly
with the Operator and securing funds to pay for any cost required for leasing, purchasing,
installing, maintaining and operating the Equipment within their respective Jurisdictions.
3.5. This Agreement shall not be interpreted to create any form of joint powers authority among any
of the participating Parties. Nothing in this Agreement authorizes any Party to incur any debts,
liabilities, or obligations on behalf of another Party unless expressly set forth herein.
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SECTION 4.0 TECHNICAL ADVISORY WORKING GROUP
4.1. The Coordinating Agencies and the Participating Agencies agree to participate in a Technical
Advisory Working Group for staff to coordinate theregarding activities of the Program and
adviseprovide non-binding advice on various Program elements.
4.2. The Technical Advisory Working Group will consist of one designated staff representative from
each of the Coordinating Agencies, and one designated staff representative from each of the
Participating Agencies. Each Party with a designated representative may appoint an alternate
representative that will have full voting rights as the representative. The Coordinating Agency
representatives will serve as co-chairs of the Technical Advisory Working Group.
4.3. The Technical Advisory Working Group will meet as needed through Program development and
ongoing. A virtual or teleconference option will be available for all meetings.
4.4. The Technical Advisory Working Group representatives shall endeavor to work toward agreement
on various decisions regarding the development and implementation of the Program. In the case
that the Technical Advisory Working Group cannot reach agreement on a particular issue, any
representative may request a vote. In such case, a simple majority vote would be required to
make a decision. The Coordinating Agencies shall also have the right to make decisions on those
matters that the Coordinating Agencies reasonably believes are not material or to make decisions
after concurrence from Participating Agencies which may be solely affected by such decisions.
4.5. A Party shall convey all communications and documents intended for the Technical Advisory
Working Group through that Party’s designated representative. The Technical Advisory Working
Group shall convey all communications and documents intended for a Party to that Party’s
designated representative.
4.6. New Participating Agencies, other than the initial Pilot Program Participating Agencies, may be
added to this Coordination Agreement by amending Appendix A. Such Participating Agencies
would become members of the Technical Advisory Working Group upon executionthe effective
date of an amendment to the Agreement.
SECTION 5.0 RESPONSIBILITIES OF COORDINATING AGENCIES
5.1. Coordinating Agencies shall:
5.1.1. Serve as the Program administrators;
5.1.2. Organize and facilitate Technical Advisory Working Group meetings by, for example: 5.1.2.1. Determining designated representative availability for meetings; 5.1.2.2. Providing notice of meetings; and 5.1.2.3. Coordinating multi-jurisdictional marketing and promotions of the system with the Participating Agencies and Operator as needed; and 5.1.2.4. Distributing materials and information as required;
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5.1.2.5. Calling for votes from the Technical Advisory Working Group on any needed action items;
5.1.3. Serve as the fiscal agent for the Pilot Program;
5.1.4. Maintain records of the Program and its operation; and
5.1.5. Provide system data to the Participating Agencies on a regular basis.
SECTION 6.0 RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
6.1. For property within its Jurisdiction, each Participating Agency shall:
6.1.1. Provide the Operator reasonable access to that Participating Agency’s public right of way
for usage of installing/operating bike share parking Hubs in convenient and visible
locations, which may include existing on-street parking spaces, sidewalk furniture zones,
and/or unutilized loading zones. Such locations shall be mutually agreed upon by
Operator and the Participating Agency, subject to that Participating Agency’s laws,
regulations and policies governing use of the Participating Agency’s right of way, and to all
applicable State and federal laws and regulations, including but not limited to, applicable
State and federal accessibility laws and regulations;
6.1.1.1. Work in good faith with Operator to issue any Site Permits for locations
mutually agreed upon by Participating Agency and Operator, and any other
necessary permits, leases, or licenses for implementing the Program, subject to that
Participating Agency’s requirements for issuing such permits, except as otherwise
provided in Section 13.0;
6.1.1.2. Provide to the Operator all local requirements for traffic markings and devices
necessary during the installation of Hubs for on-street locations pursuant to this
Agreement;
6.1.1.3. Provide for CEQA compliance for that Participating Agency’s activities under the
Program;
6.1.1.4. Provide Coordinating Agencies semi-annually with a summary of local efforts
and activities regarding local bicycle share, which summary shall also include data on
efforts made by the Participating Agencies to inform the public of the Program,
comments made by the public to the Participating Agencies on the Program, and the
response of the Participating Agencies to such comments; and
6.1.1.5. Notify Operator promptly of any reports to the Participating Agency of any
issues prohibiting use of the Program.
6.1.2. Notify Operator promptly of any reports to the Participating Agency of public nuisances or
hazards caused by the Program.
6.1.3. Notify Coordinating Agencies and Operator promptly of any public emergencies affecting
the Program. If the designated representative of a Participating Agency determines that a
Public Safety Emergency exists, such Participating Agency shall promptly notify Operator's
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designated representative so that Operator may take such action necessary to address
such emergency, including, but not limited to, removing, replacing, relocating, reinstalling
or locking all or any portion of the Equipment and having repair and restoration work
performed. In the case of a public emergency requiring the immediate removal of
Equipment, Participating Agency may relocate Equipment and notify Operator as soon as
such communication is practical.
SECTION 7.0 DATA SHARING
7.1. Coordinating Agencies shall make available to the Participating Agencies monthly reports from Operator.
SECTION 8.0 REALLOCATION OF EQUIPMENT
8.1. If, within or leading up to the Pilot Period, any Participating Agency fails to deliver the required Site Permits or other permits, leases, or licenses to provide for the initial number of Racks identified for their respective Jurisdiction within 60 calendar days from the date of a complete application for a Site Permit, Coordinating Agencies retain the right to work with Operator to reallocate the amount of Equipment that has not been timely permitted for installation to another Participating Agency. Participating Agencies may submit a written request to Coordinating Agencies for an extension if there are unique circumstances warranting extended time for review.
SECTION 9.0 INSURANCE
9.1. Operator shall maintain commercial general liability insurance coverage with a carrier doing
business in California, with limits not less than one million dollars ($1,000,000) for each
occurrence for bodily injury or property damage, including contractual liability, personal injury,
and product liability and completed operations, and not less than five million dollars ($5,000,000)
aggregate for all occurrences during the policy period. The insurance shall not exclude coverage
for injuries or damages caused by Operator to the Shared Mobility Device User. Each Participating
Agency and Coordinating Agency shall be named as additional insureds on the Operator’s
certificate of insurance.
SECTION 10.0 INDEMNIFICATION
10.1. To the extent Operator is not required to indemnify the Public Entity Parties, each Public Entity Party shall indemnify the other Public Entity Parties, their officers, commissioners, agents and employees from and against all claims, injury, suits, demands, liability, losses, and damages (including all costs and expenses in connection therewith), incurred by reason of any negligent or otherwise wrongful act or omission of the indemnifying Public Entity Party, its officers, commissioners, agents, employees, or any of them, under or in connection with this Agreement. The indemnifying Public Entity Party further agrees to defend any and all such actions, suits, or claims arising from the indemnifying Public Entity Party’s negligence or otherwise wrongful act or omission and pay all reasonable charges of attorney’s fees and all
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other costs, expenses, settlements, or judgments arising therefrom or incurred in connection therewith.
10.2. Operator shall defend, indemnify, and save harmless the Coordinating Agencies, the Participating Agencies, and their respective commissioners, council members, officers, agencies, departments, agents, and employees (each, an “Indemnified Party”; and collectively, “Indemnified Parties”) from and against any and all claims, demands, causes of action, proceedings or lawsuits brought by third-Parties (“Claims”), and all losses, damages, liabilities, penalties, fines, forfeitures, costs and expenses arising from or incidental to any Claims (including attorneys’ fees and other costs of defense) (collectively, with Claims, “Liabilities”), resulting from, or arising out of, this Agreement, the operation of the Program and the provision of Services, whether such operation or Services is performed or provided by Operator or by Operator’s subcontractors or any other Person acting for or on behalf of Operator.
10.3. Notwithstanding the foregoing, Operator’s indemnification and defense obligations contained in the preceding paragraph shall not include: 10.3.1. Any Liabilities to the extent resulting from, or arising out of: 10.3.1.1. the gross negligence or willful misconduct of any Indemnified Party; 10.3.1.2. Operator complying with the written directives or written requirements of a Participating Agency, if Operator has previously objected to such written directives or requirements in writing, with respect to (A) the location or configuration of any Hub in relation to the street or sidewalk on which such Hub is located or to which it adjoins, or (B) a Participating Agency’s Street Treatment Requirements; or 10.3.1.3. the condition of any public property outside of the perimeter of a Hub and not otherwise controlled by Operator (and expressly excluding from this clause (c) the condition of the Bicycles or other Equipment).
10.4. If any Claim against Operator includes Claims contesting a Participating Agency’s authority to issue a permit for a Hub, then each Party shall be responsible for its own defense against such Claims proportional to the Party’s share of the Claim.
10.5. Upon receipt by any Indemnified Party of actual notice of a Claim to which such Indemnified Party is entitled to indemnification in accordance with this Agreement, such Indemnified Party shall give prompt notice of such Claim to the indemnitor. The indemnitor shall assume and prosecute the defense of such Claim at the sole cost and expense of indemnitor with Counsel reasonably acceptable to the Indemnified Party. The indemnitor shall conduct the defense, and may settle such claim upon the approval of the Indemnified Party, which shall not be withheld where the settlement only involves the payment of monetary obligations and provides for an unconditional release of the Indemnified Party, does not involve an admission of liability or any settlement terms that may prejudice the Indemnified Party in subsequent litigation, and would not obligate the Indemnified Party to exercise any governmental power or take further action as a condition of settlement.
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SECTION 11.0 OTHER PROVISIONS
11.1. Nothing in this Agreement is intended to expand or limit the existing authority of any signatory.
11.2. This Agreement may not be modified, or the Term extended, except by written instrument executed by each of the Parties to this Agreement.
11.3. Each Party represents and warrants that it has the right, power, and authority to execute this Agreement. Each Party represents and warrants that it has given any and all notices, and obtained any and all consents, powers and authorities, necessary to permit it, and the Persons executing this Agreement for it, to enter into this Agreement.
11.4. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
11.5. Subject to the requirement that disputes be addressed in accordance with the Dispute Resolution Process, each Party hereby submits to the of any State or federal court sitting in Sonoma County, California, or Marin County, California, over any suit, action or proceeding arising out of or relating to this Agreement. Except for mandatory transfers of venue provided for in Code of Civil Procedure section 394, each Party hereby irrevocably waives, to the fullest extent permitted by law, any objection it may now or hereafter have to such venue as being an inconvenient forum. Notwithstanding the foregoing, with respect to any dispute arising out of or relating to this Agreement in which the sole Parties are and remain the Participating Agencies and Operator, and/ or between Operator and Coordinating Agencies, each such Party hereby irrevocably submits to the jurisdiction of any State or federal court sitting in Sonoma County or Marin County, California.
11.6. Should any Party employ an attorney for the purpose of enforcing or construing this Agreement, or any judgment based on this Agreement, in any legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other litigation, the prevailing Party shall be entitled to receive from the other Party or Parties thereto reimbursement for all reasonable attorneys’ fees and all costs, including but not limited to service of process, filing fees, court and court reporter costs, investigative costs, expert witness fees and the cost of any bonds, whether taxable or not, and such reimbursement shall be included in any judgment, decree or final order issued in that proceeding. The “prevailing Party” means the Party in whose favor a judgment, decree, or final order is rendered.
11.7. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. This Agreement shall be binding upon the receipt of facsimile or scanned signatures, or signatures processed through an electronic signature provider like AdobeSign or DocuSign.
11.8. If any provision of this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
11.9. This Agreement is not intended for the benefit of any Person or entity not a signatory to this Agreement and is not enforceable by any third Party.
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11.10. Any terms of this Agreement that by their nature extend beyond the Term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to all Parties’ respective successors and assigns.
SECTION 12.0 NOTICES
12.1. All notices, demand, requests or reports under this Agreement shall be in writing and shall be sufficiently given if sent by registered or certified mail, return receipt requested, by electronic mail (email), by overnight mail, or by personal delivery, in each case to the addresses listed below, or to such other locations or Persons as any Party may designate in writing from time to time by sending a notice to the other Parties in accordance with this Section 12.0. Any notice, demand or request shall be deemed given on the date of receipt or rejection by the intended recipient. To SCTA: Executive Director Suzanne Smith 411 King Street, Santa Rosa, CA 95404 Email: Suzanne.smith@scta.ca.gov To TAM: Executive Director Anne Richman 900 Fifth Avenue, Suite 100 San Rafael, CA 94901 Email: ARichman@tam.ca.gov To BOLT MOBILITY:GOTCHA MOBILE HOLDING, LLC : CEO Max Smith 7 Radcliffe Street, Suite 200 Charleston, SC 29403 Ignacio Tzoumas Email: max@lastmile-holdingsignacio@micromobility.com> To each Participating Agency, using the contact information listed in Appendix A
SECTION 13.0 PERMITTING
13.1. Operator will work with Participating Agencies to develop a Site Plan outline that can be applied to Site Permit applications for each individual Participating Agency.
13.2. Each Participating Agency will specify requirements for submitting applications for Site Permits, Installation Scheduling Permits and Special Traffic Permits, and any other approvals that might be required by that Participating Agency, including drawings, photos, surveying
Commented [DT1]: Bolt to update contact
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and required paperwork. The Participating Agency will provide an estimate of the time needed to obtain such permits.
13.3. Operator, and/or an outside planning and siting firm hired by Operator, will participate in the permitting process for each Participating Agency.
13.4. Each Public Entity Party agrees to waive all of its applicable permitting fees for Site Permits, Installation Scheduling Permits, Special Traffic Permits or other permits for initial installations of Hubs.
13.5. Each Public Entity Party agrees to waive all of its applicable permit fees for Deactivations, De-Installations, reinstallations or relocations requested by utilities, the Participating Agency or other public agencies.
13.6. Each Public Entity Party agrees to waive all of its applicable permitting fees for operations during the Pilot Period.
13.7. Nothing in this Agreement shall be construed as a waiver of any local law, rule or regulation of each Participating Agency or of each Participating Agency’s right to require Operator to secure the appropriate permits or authorizations for Equipment installation on public sites.
SECTION 14.0 SITE PLANS ON PUBLIC PROPERTY
14.1. In connection with the submission of an application for a Site Permit for a Site on public property,
Operator shall provide maps and/or photographs of such Site along with a Site Plan for approval
by the applicable Participating Agency. No Hub on public property may be installed, re-installed or
adjusted absent approval by the applicable Participating Agency of the Site Plan for such Hub and
obtaining all applicable Site Permits required by such Participating Agency.
14.2. A Site Plan for Parking Spaces on public property shall conform with all elements and dimensions relevant to the Operator’s siting needs and local requirements, including but not limited to Street Treatment Requirements, relevant utilities, doorways, street and sidewalk widths, relevant obstructions, latitude and longitude.
14.3. All work on public property performed by the Operator must conform to the Site Plan approved in connection with the issuance of a Site Permit and all other requirements of the Participating Agency.
14.4. In the event that changes to the Site Plan as so approved are required at the time of installation or Adjustment, Operator shall obtain written approval from the applicable Participating Agency for the necessary changes prior to such installation or Adjustment and provide such Participating Agency with an updated Site Plan reflective of the Hub’s actual, approved and installed condition within 30 days of such installation or Adjustment.
SECTION 15.0 INFILL SITE SELECTION PROCESS
15.1. Infill siting may be desired after initial Site Plans are approved and may be required in, but not limited to, the following situations: 15.1.1. Operator approved Infill to address unmet demand,
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15.1.2. Operator approved Infill to address a request of the community or a Participating Agency.
15.2. Infill Siting proposals shall be reviewed initially by the Participating Agency where the Infill Siting is proposed, the Coordinating Agencies, and Operator. This process will include the Participating Agency and Operator meeting to review proposed sites in the area where Infill siting is desired and obtaining any necessary permits.
SECTION 16.0 PARKING, OPERATION, AND MAINTENANCE
16.1. Parking for Bicycles withing the system will be in Hubs and must:
16.1.1. Be accessible to the public 24 hours per day, 365 days per year, except in cases of
special events or temporary construction; and, by mutual agreement of a Participating
Agency and Operator, Parking Spaces may be located in areas with less than 24 hour per
day, 365 days per year access; and
16.1.2. Be located on sidewalks, streets, parks, other Participating Agency-owned property,
other public property owned by public agencies or other public entities other than each
Participating Agency, or private property.
16.2. Operation
16.2.3. Real-time System Information - Operator will provide a system to track Bicycles and
station occupancy status. Operator will populate an interactive map with location and
real-time status of Bicycles throughout Service Area along with optional address and
directions, and transit information.
16.2.4. Customer Service - Operator will provide responsive and customer-friendly Services that
encourage repeat use, including timely response to complaints. At a minimum, system
users should be able to report system comments and complaints to Operator using a
telephone hotline, a system website with a comment form or email address, and via
Program smart-phone apps. All system Equipment shall contain a conspicuously posted
telephone number and instructions for filing a complaint.
16.2.5. Call Center - Operator shall provide to Coordinating Agencies, Participating Agencies, all
subscribers, and the public at large, a telephone number for Operator’s call center. The
call center shall be in continuous operation 24 hours per day, 7 days per week, and 365
days per year. Operator shall conspicuously post a notice on each bike and online advising
the general public that they may direct their questions, complaints, and comments to the
Operator’s call center. Operator shall ensure that the call center can handle calls in
English and Spanish using operators fluent in those languages. The operators at the call
center shall be fully competent and knowledgeable to answer questions and provide
information concerning, among other things, subscription process, subscription prices,
billing, crashes, comments, complaints, malfunction problems, location of Stations,
direction to the nearest Station that has Bicycles available for use and/or available parking
for returns. The call center manager shall be knowledgeable about all the Service Areas.
The call center operators shall keep accurate and complete written records of each such
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call in a Customer Service Log as hereinafter required, including the primary reason for
each call and the status of the call (e.g., “no further action”, “requires reimbursement”).
16.2.6. E-mail Response Time - Not less than 95% of emails to Operator’s public information
email address must be responded to within 1 business day.
16.2.7. System Balancing - Operator will monitor the location of each Bicycle and, if applicable,
the status of each parking location. Operator will continuously and predictably
redistribute Bicycles so that the system provides users with consistent availability of bikes
throughout the Service Area and consistent availability of spaces in which to park a
Bicycle at the end of a Trip. Operator shall respond to and relocate, retrieve, or remove
any misparked Bicycles. Consistent redistribution will occur based on usage patterns to
ensure equally balanced Hubs.
16.3. Maintenance
16.3.8. Operator will regularly inspect, maintain and repair Equipment to keep the system and
the Bicycles in continuous compliance with all local regulations, partner contracts (e.g.
property owner agreements, sponsor agreements, etc.) and warranty requirements.
System maintenance shall include preventive maintenance, inspection and prompt repair
or replacement of all system hardware and Software elements including but not limited
to terminals, signs, Bicycles, Bicycle components, concrete or asphalt beneath stations if
mutually agreed upon by Parties. It will also include inspecting, cleaning and removing
graffiti from system structures on a timely basis, as well as removal of debris in and
around the system structures.
SECTION 17.0 HUB DEACTIVATION, RELOCATION, DE-INSTALLATION, REINSTALLATION, AND ADJUSTMENT
17.1. Hub Deactivations as requested by a Participating Agency, may be done on a temporary basis with a minimum of 15 days’ notice to the Operator and Coordinating Agencies with a request for a specific time for Deactivation and Reactivation; provided, however, that Hub Deactivation in the case of emergency or danger to public health is not subject to the advance notice requirement.
17.2. Operator shall reactivate a Hub within 24 hours after the temporary need for Hub Deactivation. Hub Deactivations for Public Safety Emergencies shall be reactivated within 72 hours after the end of the emergency condition, as determined by the affected Participating Agency or Cities.
17.3. All Adjustments from the initial Hub installations shall meet the requirements of this Agreement, unless otherwise agreed to in writing by Operator and the applicable Participating Agency.
17.4. Any Adjustments to accommodate changing conditions must be agreed upon by the applicable Participating Agency, Coordinating Agencies, and Operator.
17.5. Operator shall have the right to adjust or relocate Underperforming Hubs after consulting the Technical Advisory Working Group to ensure the overall distribution meets the Program
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requirements and adequate notification to the public is made, and Operator obtains a permit for the new location mutually agreed upon by the applicable Participating Agency, Coordinating Agencies, and Operator.
17.6. If Operator requests to permanently relocate a Hub, Operator shall: 17.6.1. Produce metrics to assess the existing Hub’s productivity. Metrics may include, but are not limited to overall Program Density and geographic extent, Hub Usage, maintenance reports, and history of public comments; and 17.6.2. Provide the Participating Agency with a minimum of 3 months of metric data and any resulting analysis supporting the proposed Hub relocation.
17.7. Operator, after consulting with the applicable Participating Agency, shall conduct any necessary planning, design, outreach, and permit process prior to any Hub Relocation, Deactivation, De-installation, or Adjustments.
17.8. Upon termination of the Program or a termination of Participating Agency’s participation in the Program, Operator shall remove all Equipment in the affected Jurisdiction(s) within 15 days of the date the Operator received notification.
17.9. Nothing in this Agreement shall be construed as a waiver or release of the rights of each Participating Agency in and to its own property or its regulatory authority.
17.10. Operator shall maintain a fee schedule for any fees charged to Participating Agencies for De-Installations, reinstallations, adjustments, and temporary relocations at the request of the Participating Agency. The fee for Hub De-Installation shall cover the cost of relocating the Hub on a temporary basis and the cost of reinstalling the Hub. Operator shall provide the fee schedule to Participating Agencies within five business days of any update. Operator may not charge fees for Hub De-Installations, or Hub Adjustments related to public works, public safety emergencies, or relocation of a Hub at the election of the Operator. Operator may not charge fees for temporary Hub Deactivations requested by Participating Agencies. Operator fees as of March 2021 are provided below.
Action Cost (Rack-Based Hub) Cost (Virtual Hub) Notes Deinstallation $1,000 per Hub with 10 bike racks (or less) $500 per 10-bike (or smaller) Virtual Hub Includes cost of relocating the Hub on a temporary basis and the cost of reinstalling the hub Adjustment $200 per Hub with 10 bike racks (or less)* $100 per 10-bike (or smaller) Virtual Hub Ex. Adding or removing bike racks at an existing Hub location; expanding or shrinking the footprint of an existing Virtual Hub location *Note: Additional station equipment is not included in this rate, but available for purchase if racks being adjusted are not reallocated from another Hub location
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SECTION 18.0 NOTIFICATIONS REGARDING HUB DEACTIVATION, RELOCATION, DE-INSTALLATION, REINSTALLATION, ADJUSTMENT, AND SERVICE INTERRUPTIONS
18.1. Except for any situation involving an immediate threat to public health, safety or welfare as determined in the sole discretion of the Participating Agency, any requests from a Participating Agency for Hub Deactivation, Hub Installation, De-installation, or Hub Adjustment must be sent to Operator and Coordinating Agencies in writing with a minimum of 15 days’ notice prior to the requested date. Any such notice shall include a proposed schedule for each location for all instances of Hub Deactivation, Hub Installation or Hub Adjustment required. In the event that the Participating Agency determines that there is a need for Hub Deactivation, Hub Installation or Hub Adjustment in order to address an immediate threat to public health, safety or welfare, the Participating Agency shall notify Operator as soon as possible and shall work with Operator to try to identify an alternative Site.
18.2. Operator must confirm the schedule, in writing, with its plans for each instance at least 4 days
before the action occurs.
18.3. Operator will provide notice to Coordinating Agencies, Participating Agencies, and members of
any temporary, foreseeable, service interruptions or temporary closures of the bike share system
or Hub Deactivation with at least 24 hours’ notice.
SECTION 19.0 MERCHANDISING, LICENSING, AND INTELLECTUAL PROPERTY
19.1. If Operator and/or any of its affiliates, business partners or sublicensees desires to use, during the Term, the trademarks, logos, service marks, and other intellectual property rights of Coordinating Agencies and/or the Participating Agencies, then prior to any such use, Operator and its affiliates, business partners, and sublicensees, as applicable, shall request permission for such use and, in the event such permission is granted, shall enter into a non- exclusive license agreement with Coordinating Agencies and/or any of the Participating Agencies to use, during the Term, such trademarks, logos, service marks, and other intellectual property rights.
SECTION 20.0 MARKETING
20.1. Participating Agencies shall cooperate with Coordinating Agencies and Operator in execution of the outreach and marketing plan. Participating Agencies shall be available to review and contribute to the development and maintenance of a master contact list for outreach to stakeholders.
SECTION 21.0 RESERVED TO THE PARTICIPATING AGENCIES
21.1. The Participating Agencies hereby withhold authorization from the Coordinating Agencies to make any and all of the following decisions or take any and all of the following actions: 21.1.1. The decision to approve or deny any required permit and/or impose any fees; 21.1.2. The decision to require the Operator to undertake any Hub-Deactivation(s), De-Installation(s), Re-Installment(s), or Adjustment(s);
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21.1.3. The decision to determine an immediate threat to the public health, safety or welfare in that Participating Agency’s Jurisdiction; and
21.1.4. The decision to expand the Program within the borders of a Participating Agency unless otherwise approved by the Participating Agency.; and 21.1.4.21.1.5. Any other exercise of the municipal police power not otherwise enumerated above.
21.2. Decisions and actions to be taken by a Participating Agency under this Agreement are expressly and specifically reserved to such Participating Agency.
SECTION 22.0 RESOLUTION OF DISPUTES BETWEEN OPERATOR AND THE PARTICIPATING AGENCIES UNDER THIS AGREEMENT
22.1. In the event of a dispute between or among Operator and/or Coordinating Agencies and/or a Participating Agency or Agencies arising under this Agreement or with respect to the Program, such dispute shall be addressed and resolved as follows (the “Dispute Resolution Process”): 22.1.1. Coordinating Agencies’ Program Managers and Participating Agency’s Program Managers, as applicable, assigned to the Program and Operator’s General Manager of the Program, or their respective delegates, shall meet, within 10 days after receipt by disputing Party(ies) of notification from the other Party(ies) of such dispute, to negotiate in good faith in order to try to resolve such dispute (the date of the first such meeting, or the expiration of such 10-day period if the meeting is not timely held, being the “Initial Meeting Date”). If such Persons fail to resolve such dispute within 15 days after the Initial Meeting Date, then the Executive Directors of SCTA, TAM and/or the equivalent executive-level personnel of the Participating Agency, as applicable, and the CEO of Operator shall meet promptly and negotiate in good faith in order to resolve such dispute. If such Persons fail to resolve such dispute within 30 days after the Initial Meeting Date, then such dispute shall be subject to mediation under Section 22.2. As used in this Section 22.1, a meeting may be held in Person, by conference call or by video conference. By agreement of all Parties to such dispute, any of the deadlines set forth in this Section 22.1 may be extended or shortened. The process described in this Section 22.1 shall be confidential and treated as a compromise negotiation for purposes of federal and State rules of evidence.
22.2. Upon the completion of the process in Section 22.1, the Parties may agree to engage in mediation to be administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Rules, or similar service. A request for mediation shall be made in writing, delivered to the other disputing part(ies) and filed with the applicable mediation service. Any disputing Party may submit such a request. The disputing Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in Marin or Sonoma Counties as the Parties may otherwise agree. The disputing Parties shall be represented by individuals of their choosing. The mediation process shall be confidential and treated as a compromise negotiation for purposes of federal and State rules of evidence.
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22.3. If mediation fails to resolve a dispute, then the exclusive forum for resolving such dispute shall be any State or federal court sitting in Marin County, California or in Sonoma County, California except as otherwise provided in the last sentence of Section 10.5.
SECTION 23.0 ASSIGNMENT BY OPERATOR
23.1. Operator has the right to assign this Agreement, including the rights, benefits and obligations of Operator hereunder to a successor entity who acquires Operator, in whole or in part. In such case, successor entity shall automatically succeed to Operator’s interest under this Agreement. This Agreement shall be binding upon and inure to the benefit of the Operator named herein and the respective permitted successors and assigns of the Operator named herein.
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APPENDIX A IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto. SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) (Contact Signature) TRANSPORTATION AUTHORITY OF MARIN (TAM) (Contact Signature) CITY OF SANTA ROSA (Contact Signature) CITY OF ROHNERT PARK (Contact Signature) CITY OF COTATI (Contact Signature) CITY OF PETALUMA (Contact Signature) CITY OF NOVATO (Contact Signature) CITY OF SAN RAFAEL (Contact Signature) CITY OF LARKSPUR (Contact Signature) SONOMA-MARIN AREA RAIL TRANSIT (SMART) (Contact Signature) GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT (GGBHTD) (Contact Signature) BOLT MOBILITY (Contact Signature)
Marin-Sonoma Bike Share Program
Rohnert Park City Council
April 27, 2021
Presenter: Eydie Tacata, Management Analyst
$826,000 grant focused on linking
SMART stations to key destinations
Coordinated by Transportation
Agency of Marin (TAM) & SCTA
Participating agencies:
Santa Rosa, Rohnert Park,
Cotati, Petaluma, Novato,
San Rafael, Larkspur
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MTC Grant Funds Bike Share Program
Regional Bike Share Program Goals
Support SMART ridership with
first/last mile options
Support VMT and GHG reduction
Provide additional low-cost
alternative transportation option
Support reduced automobile
dependency and healthy lifestyles
3Public Survey Heat Map
Regional Bike Share Program Framework
Role of Coordinating Agencies:
Program oversight, fiscal agent
Program Agreement with Bike Share Operator
Role of Participating Agencies:
Allow Bike Share Program in Jurisdiction including waiving
applicable permit fees
Operator: Bolt Mobility
Provide and maintain bikes, hubs, services
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About the Bike Share Program
Will deploy 300 e-bikes
◦Optional task to add
50 additional e-bikes
Deployment strategy and
locations being finalized
3-year Pilot Program
◦Participating agencies can have
Continuing Program at own cost,
as negotiated with Operator
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Station-based system
◦Modular bike racks and
stenciled parking hubs
◦Smart bicycles can be
located with app
◦Unlock with app or
Clipper® card
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About the Bike Share Program
Operator Responsibilities
Service area and parking hub planning
Outreach, marketing and public relations
Staff, warehousing facilities and call center
Provide and maintain hardware ,
equipment, software, app and website
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Operator Responsibilities
System rebalancing and
maintenance
Ongoing marketing and
customer service
Data reporting
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Participating Agency Responsibilities
Approve the Coordination Agreement which commits the
City to:
◦Provide Bolt Mobility with access to the City’s right-of-way
◦If City-owned hub sites are identified, prepare those sites
to accept hubs (e.g. grading and paving)
◦Review encroachment permit applications and waive fees
◦Participate in Technical Working Group and outreach
activities
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Confirm general hub locations and bike distribution
Complete in-field site planning and permitting
Secure facility and hire personnel for maintenance
and operations
Launch website and marketing campaign
Install station equipment and activate
customer service support
Launch Program!
Bike Share Program Next Steps
Recommendation
Direct staff to prepare the Coordination Agreement
for City Council approval at a future meeting
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QUESTIONS?
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