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2021/05/11 City Council Agenda Packet "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING Tuesday, May 11, 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 Recognition: Honoring Emily Ann Miller and Yeymi Perez, Legislative Representatives, Sonoma State University Associated Students, Inc. Item 3.A. 4.DEPARTMENT HEAD BRIEFINGS 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. Council Motion/Roll Call Vote: (Adams_____Linares_____Stafford_____Elward_____Giudice_____) 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 6.A Approval of Minutes for: 6.A.1. City Council/RPFA/Successor Agency/Foundation Board Joint Special Meeting, April 12, 2021 6.A.2. City Council/RPFA/Successor Agency/Foundation Board Joint Special Meeting, April 22, 2021 6.A.3. City Council/RPFA/Successor Agency Joint Regular Meeting, April 27, 2021 6.B Acceptance of Reports from Finance Department: 6.B.1. RPFA-Cash Report for Month Ending March 31, 2021 6.B.2. Housing Succesor Agency - Cash Report for Month Ending March 31, 2021 6.B.3. Succesor Agency - Cash Report for Month Ending March 31, 2021 6.B.4.City Cash Report for Month Ending March 31, 2021 6.B.5. City Bills/Demands for Payment dated April 15, 2021 through May 3, 2021 6.B.6. Successor Agency to the CDC Bills/Demands for Payment dated March 18, 2021 through April 15, 2021 6.C Approve Amendment 4 to Task Order 2019-05 with Green Valley Consulting Engineers for Additional Construction Management and Inspection Services for Bella Creek Apartments in an Amount not to exceed $82,000 and a Total Task Order Value of $336,490.50 Item 6.C. 6.D Adopt Resolution 2021-046 Finding the Commerce Boulevard Water Line Replacement Project (Project 2019-29) Exempt from the California Environmental Quality Act (CEQA) under Public Resource Code Section 21080.21, Approving the Plans and Specifications, Awarding the Construction Contract to Argonaut Constructors in the Amount of $880,242.00, Authorizing the City Manager to Execute Amendment 1 to Task Order 2020-04 with Coastland Civil Engineering, Inc. for Additional Construction Management Services in an amount not to exceed $51,340 and a total Task Order Amount not to exceed of $202,785, and Authorizing City Manager to Execute Amendment 2 to Task Order 2020-01 with Coastland Civil Engineering, Inc. for Additional Design Services in an amount not to exceed $21,790 and a total Task Order Amount not to exceed $156,038 Item 6.D. Item 6.D. Plans and Spects 6.E Adopt Resolution 2021-047 Amending the Fiscal Year 2020-21 Capital Improvement Program (CIP) Budget and Related Actions Item 6.E. 6.F Adopt a Resolution 2021-048 Authorizing and Approving the Position Title, Salary Range, and Associated Job Description for Animal Shelter Coordinator Item 6.F. 6.G Adopt Resolution 2021-049 Approving the Position Title, Salary Range and Associated Job Description for a Homeless Services Coordinator in the Development Services Department Item 6.G. 6.H Adopt Resolution 2021-050 Approving the Position Title, Salary Range and Associated Job Description for a Senior Financial Analyst Item 6.H. 6.I Adopt Resolution 2021-051 to Approve Participation in the Employment Risk Management Authority (ERMA) Joint Powers Authority for Employment Practices Liability Coverage Item 6.I. 6.J Adopt Resolution 2021-052 Authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission, committing matching funds and stating assurance to complete the 2022 Pedestrian Safety Improvements Project Item 6.J. 6.K Approval of Contract with Coro Northern California for Leadership Rohnert Park Program in Amount Not to Exceed $80,000 Item 6.K. Item 6.K. Contract 6.L Acceptance of Code Compliance First Quarter 2021 Report (January, February and March 2021) Item 6.L. 7.REGULAR ITEMS 7.A Discussion and Direction Regarding Police/Community Relations and Accountability A. Staff Report B. Public Comments C. Council Discussion/Direction Item 7.A. 7.B Consider Adopting a Resolution Declaring a Water Shortage Emergency, Implementing Phase 1 Mandatory of the City’s Urban Water Shortage Contingency Plan and Requesting Customers to Reduce Water Use by Twenty Percent A. Public Comments B. Staff Report C. Resolution for Adoption: Resolution 2021-053 Declaring a Water Shortage Emergency, Implementing Phase 1 Mandatory of the City’s Urban Water Shortage Contingency Plan and Requesting Customers to Reduce Water Use by Twenty Percent D. Council Motion/Roll Call Vote: (Adams_____Linares_____Stafford_____Elward_____Giudice_____) Item 7.B. 8.RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: 8.A Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager; Sally Nguyen Employee Organizations: a. Service Employees' International Union (SEIU) b. Rohnert Park Employees' Association (RPEA) c. Rohnert Park Public Safety Officers' Association (RPPSOA) d. Rohnert Park Public Safety Managers' Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees 8.B Reconvene Joint Regular Meeting Open Session and Report on Closed Session (Government Code §54957.1) 9.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. 9.A Standing Committee Reports: 9.B Liaison Reports: 9.C Outside Agency Appointments: 1. Sonoma Clean Power Authority Board of Directors Meeting (5/6) 2. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Board of Directors Meeting (5/10) 3. Water Advisory Committee (WAC) and Technical Advisory Committee to Sonoma Water Joint Special Meetings (5/3) 9.D Other Reports: 10.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. 11.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.A Councilmember's Request to add a future item to the agenda regarding In Person City Council Meetings. 11.B Councilmember's Request to add a future item to the agenda regarding volunteer requirement for non-profits seeking funds from the Rohnert Park Foundation. 12.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. 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 Honoring E MILY A NN M ILLER Student Representative and SSU Associated Students, Vice President of External Affairs As Mayor, and on behalf of the Rohnert Park City Council, it is my honor to recognize Student Representative and SSU Associated Students, Vice P resident of External Affairs for the Associated Students, Emily Ann Miller. The City of Rohnert Park continues their commitment to build a collaborative, inclusive, and unified relationship with the students and administration at Sonoma State University. Since August 2019, Emily has served as the liaison between the students of Sonoma State and the City of Rohnert Park. She regularly attended City Council Meetings where she delivered both informative and engaging reports on behalf of the Associated Students of Sonoma State University. I, Gerard Giudice, as Mayor of the City of Rohnert Park, do hereby recognize Emily Ann Miller for her contributions and ongoing efforts to enhance the relationship between the Associated Students of Sonoma State University and the City of Rohnert Park Signed this 11th day of May, 2021 By: _________________________________________ Gerard Giudice, Mayor Item 3A. Honoring Y EYMI P EREZ Student Representative and Senator for Community Affairs As Mayor, and on behalf of the Rohnert Park City Council, it is my honor to recognize Student Representative and Senator for Community Affairs, Yeymi Perez. The City of Rohnert Park continues their commitment to build a collaborative, inclusive, and unified relationship with the students and administration at Sonoma State University. Since May 2019, Yeymi has served as the liaison between the students of Sonoma State and the City of Rohnert Park. She regularly attended City Council Meetings where she delivered both informative and engaging reports on behalf of the Associated Students of Sonoma State University. I, Gerard Giudice, as Mayor of the City of Rohnert Park, do hereby recognize Yeymi Perez for her contributions and ongoing efforts to enhance the relationship between the Associated Students of Sonoma State University and the City of Rohnert Park . Signed this 11th day of May, 2021 By: _________________________________________ Gerard Giudice, Mayor MINUTES OF THE JOINT SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission City of Rohnert Park Foundation Monday, April 12, 2021 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC/CITY OF ROHNERT PARK FOUNDATION JOINT SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Giudice called the Joint Special Meeting to order at 12:00 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 (was absent at roll call and joined meeting at 12:03 p.m.) 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, Finance Director Bali, Development Services Director Pawson, Director of Public Safety, Mattos, Director of Public Works and Community Services McArthur, Human Resources Director Perrault, City Attorney Kenyon, Senior Analyst L. Tacata, Deputy Chief Johnson, Management Analyst Beran, Deputy Director of Community Services Bagley, Administrative Assistant DeRosa, Housing Administrator Garcia, Management Analyst McLaughlin, and City Clerk Lopez Cuevas. Staff Present: Information Systems (IS) Analyst Son and Deputy City Clerk Machado. 2.BUDGET STUDY SESSION #1 FOR REVIEW OF BUDGET FY 2021-22 2.A. Public Comments None. 2.B. General Fund Overview City Manager Jenkins and Finance Director Bali presented the item. Item 6.A.1. City of Rohnert Park Joint Special Meeting Agenda April 12, 2021 for City Council/RPFA/CDC Successor Agency/City of Rohnert Park Foundation Page 2 of 3 2.C. Other Funds Finance Director Bali presented this item. 2.C.1. Emerging Budget Issues City Manager Jenkins presented this item. ACTION: By consensus (none apposed), Council directed staff to incorporate all ten City Council priorities on the interest side of the Emerging Budget Issues PowerPoint slide. 2.D. City Administration (City Manager’s Office, City Clerk’s Office, Economic Development) City Manager Jenkins, City Clerk Lopez Cuevas, Deputy City Clerk Machado, and Assistant City Manager Schwartz presented this item. Mayor Giudice declared a recess at 1:56 p.m. and reconvened the meeting at 2:08 p.m. ACTION: By consensus (none apposed), Council directed staff move forward with the City Adm inistration budget as presented and also add $50,000 for increased community outreach and communications. ACTION: By consensus (none apposed), Council directed staff to add “Transitioning back to live City Council Meetings” to City Clerk’s Goals for FY21-22. 2.E. Finance Finance Director Bali presented this item. Staff will move forward with the Finance budget as presented. 2.F. Human Resources Human Resources Director Perrault presented this item. Staff will move forward with the Human Resources budget as presented. 2.G. Casino/Foundation Senior Analyst L. Tacata presented this item. ACTION: By consensus (none apposed), Council directed staff to move forward with Casino/Foundation budget as presented and to increase the transfer in amount of the reserve revenue. 2.H. Development Services (Development Programs, Housing Successor Agency) Development Services Director Pawson and Housing Administrator Garcia presented this item. City of Rohnert Park Joint Special Meeting Agenda April 12, 2021 for City Council/RPFA/CDC Successor Agency/City of Rohnert Park Foundation Page 3 of 3 Mayor Giudice declared a recess at 4:05 p.m. and reconvened the meeting at 4:15 p.m. Staff will move forward with the Development Services budget as presented. 2.I. Public Safety & Animal Services Director of Public Safety Mattos and Support Services Manager Litzie presented this item. Staff will move forward with the Public Safety & Animal Services budget as presented. Items 2.J. – 2.M. are to be heard at the City Council/RPFA/Successor agency to the CDC/City of Rohnert Park Foundation Joint Special Meeting on April 22, 2021. 2.J. Community Services & Performing Arts Center 2.K. Public Works 2.L. Utilities 2.M. Budget Wrap Up 3. ADJOURNMENT Mayor Giudice adjourned the joint special meeting at 5:03 p.m. _____________________________________ __________________________________ Elizabeth Machado, Deputy City Clerk Gerard Giudice, Mayor City of Rohnert Park City of Rohnert Park MINUTES OF THE JOINT SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission City of Rohnert Park Foundation Thursday April 22, 2021 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC/CITY OF ROHNERT PARK FOUNDATION JOINT SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Giudice called the Joint Special Meeting to order at 12:00 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 Finance Director Bali, Development Services Director Pawson, Director of Public Safety, Mattos, Director of Public Works and Community Services McArthur, Human Resources Director Perrault, Senior Analyst L. Tacata, Management Analyst Beran, Deputy Director of Community Services Bagley, Performing Arts Center Manager Miller, Deputy City Clerk Machado and City Clerk Lopez Cuevas. Tom Kelly, Staff Present: Information Systems (IS) Analyst Son 2.BUDGET STUDY SESSION #2 FOR REVIEW OF BUDGET FY 2021-22 2.A. Public Comments 2.B. General Fund Overview 2.C. Other Funds 2.C.1. Emerging Budget Issues Item 6.A.2. City of Rohnert Park Joint Special Meeting Agenda April 22, 2021 for City Council/RPFA/CDC Successor Agency/City of Rohnert Park Foundation Page 2 of 3 2.D. City Administration (City Manager’s Office, City Clerk’s Office, Economic Development) 2.E. Finance 2.F. Human Resources 2.G. Casino/Foundation 2.H. Development Services (Development Programs, Housing Successor Agency) 2.I. Public Safety & Animal Services Items 2.A-2.I. were heard at the City Council Joint Special Meeting, Budget Study Session #1 on April 12, 2021. Mayor Giudice called for Public Comments No comments were received. 2.J. Community Services & Performing Arts Center Deputy Director of Community Services Bagley and Performing Arts Center Manager Miller presented this item. Mayor Giudice declared a short recess at 12:18 p.m. and reconvened the meeting at 12:27 p.m. ACTION: By Consensus (none opposed), City Council directed staff to move forward with their recommended budged. 2.K. Public Works Director of Public Works and Community Services McArthur, Management Analyst II Beran and GS Operations Manager Kelly presented this item. ACTION: By Consensus (none opposed), City Council directed staff to move forward with their recommended budged. 2.L. Utilities Utilities Operations Manager Hendersen presented this item. ACTION: By Consensus (none opposed), City Council directed staff to move forward with their recommended water and sewer budget as presented. 2.M. Budget Wrap Up City Manager Jenkins presented this item. As requested by Council during Budget Session #1, City Manager Jenkins revisited Emerging Budged Issues and Council’s ten identified strategic priorities. City Manager Jenkins requested direction from Council on Council designated Strategic Priority Funding – One time (one-time funds allocations) and Strategic Priority Funding – On-going (on-going funds allocations). Mayor Giudice declared a short recess at 2:00 and reconvened the meeting at 2:11 p.m. City of Rohnert Park Joint Special Meeting Agenda April 22, 2021 for City Council/RPFA/CDC Successor Agency/City of Rohnert Park Foundation Page 3 of 3 ACTION: By Consensus (none opposed), City Council directed staff to move forward with their one-time and on-going budget recommendations as set forth below: 3. ADJOURNMENT Mayor Giudice adjourned the joint special meeting at 2:45 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 Tuesday, April 27 2021 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Giudice called the joint regular meeting to order at 5:00 p.m., the notice for which being legally noticed on April 22, 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, Housing Administrator Garcia, Senior Code Compliance Officer Kirk, Senior Analyst L. Tacata, Management Analyst E. Tacata, Planning Manager Beiswenger, Fire Marshal Thompson, Deputy City Engineer Garrett, City Clerk Lopez Cuevas, and Deputy City Clerk Machado. Staff Present: Information Systems (IS) Operations Manager Rowley 2.PLEDGE OF ALLEGIANCE Led by Mayor Giudice. 3.PRESENTATIONS A.Mayor's Proclamation: Recognizing April as Earthquake Awareness Month Mayor Giudice read the proclamation and proclaimed the month of April 2021 as Earthquake Preparedness Month. Mayor Giudice declared a recess at 5:03 p.m. and reconvened the meeting at 5:08 p.m. Item 6.A.3. City of Rohnert Park Joint Regular Meeting Minutes for City Council April 27, 2021 RPFA/CDC Successor Agency Page 2 of 6 4. DEPARTMENT HEAD BRIEFING A. Public Safety: Update on 2020 Part I and II Crimes Director of Public Safety Mattos presented this item and explained how standardized crime statistics are collected. Director Mattos explained the differences between Uniform Crime Reporting (UCR) Part I and Part II crimes in the City of Rohnert Park. 5. PUBLIC COMMENTS Deputy City Clerk Machado read comments submitted by: Anonymous, Steven Keith, and Lorelei Ribeiro who spoke about in person meetings. Anonymous who spoke about Cal Ripken and field use. Tyanna Smith who spoke about Country Club Drive Pavement Rehabilitation, Project No. 2018-34. 6. CONSENT CALENDAR 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 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 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) 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 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) 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 City of Rohnert Park Joint Regular Meeting Minutes for City Council April 27, 2021 RPFA/CDC Successor Agency Page 3 of 6 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) ACTION: Moved/seconded (Linares/Elward) 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. 7. REGULAR ITEMS: 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 City Manager Jenkins presented this item. Recommended Action(s): Waive the Second reading of and Adopt 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. PUBLIC COMMENTS: Deputy City Clerk Machado read comments submitted by: Mark Heine and Devon Gambonini, The Vega Family, Yvonne Tavalero, Gabriella Greco, Danielle Miller, Kymberly Phipps, Judy Deniz, Alexis Sulek Simpson, and Nichole Niklewicz who spoke about this item. ACTION: Moved/seconded (Linares/Elward) to waive the second reading and adopt 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. B. Discussion and Direction General Plan – Racial, Social and Environmental Justice Element Planning Manager Beiswenger presented this item. Recommended Action(s): Provide direction to staff on the proposed Racial, Social, and Environmental Justice Element for the General Plan. PUBLIC COMMENTS: Deputy City Clerk Machado and City Clerk Lopez Cuevas read comments submitted by: Jim Duffy and Julie M. Royes who spoke about this item. City of Rohnert Park Joint Regular Meeting Minutes for City Council April 27, 2021 RPFA/CDC Successor Agency Page 4 of 6 ACTION: By consensus (none opposed), Council directed staff to continue with the proposed Racial, Social, and Environmental Justice Element for the General Plan as a stand-alone chapter. C. Discussion and Direction on General Plan Update – Circulation Element Planning Manager Beiswenger presented this item. Also present was transportation consultant, Ian Barnes. Recommended Action(s): Receive a presentation and provide direction to staff on the Draft General Plan Circulation Element, goals, policies and implementation program. PUBLIC COMMENTS: Deputy City Clerk Machado read a comment submitted by Chris Meyer who spoke about this item. ACTION: By consensus (none opposed), Council directed staff to research why the rail spurs were taken out by SMART, if it is possible to put them back, and what are the benefits of having them. ACTION: By consensus (none opposed), Council directed staff to continue with the Draft General Plan Circulation Element for the General Plan as proposed. Mayor Giudice declared a recess at 7:30 p.m. and reconvened the meeting at 7:40 p.m. 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 Director of Development Services Pawson presented this item. Recommended Action(s): Adopt 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 PUBLIC COMMENTS: None. ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2021-045. Motion carried by the following 5-0-0 roll call vote: AYES: Adams, Linares, Stafford, Elward, and Giudice, NOES: None, ABSTAINS: None, ABSENT: None. E. Discussion and Direction: Marin Sonoma Bike Share Pilot Program Management Analyst E. Tacata presented this item. Also present was Dana Turrey of Sonoma County Transportation Authority. Recommended Action(s): Receive informational report and provide direction on the Marin-Sonoma Bike Share Pilot Program Coordinating Agreement. City of Rohnert Park Joint Regular Meeting Minutes for City Council April 27, 2021 RPFA/CDC Successor Agency Page 5 of 6 PUBLIC COMMENTS: None. ACTION: By consensus (none opposed) Council directed Staff to move forward with the Marin-Sonoma Bike Share Pilot Program Coordinating Agreement. 8. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: 1. Education Committee Meeting (4/14) Mayor Giudice reported on this meeting and stated Vice Mayor Elward also attended the meeting. The City of Cotati, City of Rohnert Park, SSU, and Cotati-Rohnert Park School District gave updates. Having a shared calendar and short presentations given to the Education Committee by different organizations were discussed. The Committee will have presentations by Social Advocates for the Youth and Petaluma Health District in May and June. The Petaluma Health District has grant programs that would be a good fit for our community. Dr. Karen Moranski shared SSU’s and Cotati- Rohnert Park School District’s opening plans. Also discussed was CAHOOTS and the thought of partnering with Cotati and include SSU as a potential partner. B. Liaison Reports: 1. Senior Citizens Advisory Commission (4/15) Vice Mayor Elward and Councilmember Stafford reported on the meeting. 2. Chamber of Commerce Board of Directors (4/20) Councilmember Linares reported on the meeting. 3. Rohnert Park - Cotati Regional Library Advisory Board (4/20) Vice Mayor Elward reported she was not able to attend the meeting. C. Outside Agency Reports: 1. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Board of Directors Meeting (4/12) Mayor Giudice reported he was unable to attend the meeting but he reviewed the minutes and reported on what was discussed at the meeting. 2. Association of Bay Area Government (ABAG) Executive Board of Directors Meeting (4/15) Councilmember Adams reported on the meeting. 3. Zero Waste Sonoma Board of Directors Meeting (4/15) Councilmember Stafford reported on the meeting. 4. Mayors and Council Members' Association of Sonoma County Legislative Committee (4/16) Mayor Giudice reported he was unable to attend the meeting. City of Rohnert Park Joint Regular Meeting Minutes for City Council April 27, 2021 RPFA/CDC Successor Agency Page 6 of 6 5. Redwood Empire Municipal Insurance Fund (REMIF) Board (4/22) Human Resources Director Perrault reported on the meeting. D. Other Reports: Councilmember Adams stated she attended the Sonoma County Community Development Committee Meeting (4/21) and reported that Tina Rivera provided information on the emergency rental assistance program. 9. COMMUNICATIONS Vice Mayor Elward stated she will be Congressman Thompson’s ceremonial guest to President Biden’s first address to Congress, which will be held virtually. 10. MATTERS FROM/FOR COUNCIL None. 11. PUBLIC COMMENT Deputy City Clerk Machado read a comment submitted by Anonymous who spoke about in person meetings. 12. CLOSED SESSION Mayor Giudice made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 8:26 p.m. to Consider: 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 B. Reconvened Joint Special Meeting Open Session at 8:57 p.m. to report on Closed Session (Government Code § 54957.1): Mayor Giudice reported: no reportable action. 13. ADJOURNMENT Mayor Giudice adjourned the joint regular meeting at 8:57 p.m. _____________________________________ __________________________________ Elizabeth Machado, Deputy City Clerk Gerard Giudice, Mayor City of Rohnert Park City of Rohnert Park Item 6B1 Item 6B2 Item 6B3 Item 6B4 I t e m 6 B 5 Item 6B6 ITEM NO. 6.C. 1 Meeting Date: May 11, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Prepared By: Mary Grace Pawson, Development Services Agenda Title: Approve an Amendment 4 to Task Order 2019-05 with Green Valley Consulting Engineers for Additional Construction Management and Inspection Services for Bella Creek Apartments in an Amount not to exceed $82,000 and a Total Task Order Value of $336,490.50 RECOMMENDED ACTION: Approve by Minute Order, Amendment 4 to Task Order 2019-05 with Green Valley Consulting Engineers for Additional Construction Management and Inspection Services for Bella Creek Apartment in an amount not to exceed $82,000 and a Total Task Order Value of $336,490.50. BACKGROUND: On March 9, 2017, the City’s Planning Commission adopted its Resolution 2017-08 approving a 90- unit apartment complex on northeast corner of the intersection Avram Avenue and Commerce Boulevard. The approving resolution included Conditions of Approval for the project, which is known as the Bella Creek Project. On January 5, 2019, Bella Creek LLC (“Applicant”) entered into a Reimbursement Agreement with the City, under which the City began processing the site and grading plan for the project. Under the Reimbursement Agreement, the Applicant acknowledged the applicability of Section 3.32 – Cost Recovery, of the Municipal Code, agreed to provide an initial deposit for service, agreed to pay all costs associated with its application, including consulting fees, and agreed to provide additional deposits as requested by the City. Through the Reimbursement Agreement the Applicant agreed to the City’s use of consultants complete its plan review and inspection work and agreed that the rate for such (consultant) services shall be established in a manner consistent with City practices”. On July 11, 2019, the City issued Grading Permit GR19-0001 and held a preconstruction meeting for the Bella Creek Project. At the preconstruction meeting, the City introduced its project team including Green Valley Consulting Engineers, the City’s consultant construction manager and inspector. The City is utilizing consultants for this project because the City’s single Public Works Inspector must maintain availability for capital improvement project and encroachment permit inspection throughout the City and will not have the capacity to provide the level of inspection oversight to the Bella Creek project that is appropriate for a project of this complexity. At the preconstruction meeting, the Applicant’s contractor indicated that their schedule goal was to have all civil site work complete by November 2019, ahead of the rainy season. This would require approximately 4 months of site inspection work. 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 The Bella Creek project is a challenging infill project. It is located on a busy intersection with significant onsite and offsite public utility work and significant offsite street work. All of this work required careful inspection by the City to ensure public safety is maintained during construction and to ensure that the public utilities and interties to the public water and sewer system are performed safely and to required standards. The Applicant’s contractor did not achieve its represented 4 month schedule, has been undertaking various aspects of the on and offsite work for over 18 months. The work is not complete and the Applicant’s contractor has been unable to provide staff with a schedule for when they might be complete. The Applicant’s schedule delays have extended the need for inspection services and increased the cost of these services. The City has amended the original Task Order three times and staff is now requesting a fourth amendment that will allow for service through summer of 2021, or approximately 2 years after work began. Because staff does not control the work and the Applicant’s contractor is unable to provide a schedule, staff is unsure if the civil site work will be completed in this timeframe. Additional amendments may be required if the applicant’s contractor continues to make slow progress on its work. ANALYSIS: The proposed action, approving a Task Order Amendment, is in alignment with Purchasing Policy Sections 3.6(B) and (D), which allows the city to engage professional services via a negotiated process and secure their ongoing services via master services agreements. Green Valley has unparalleled qualifications and experience to continue to provide the construction support for the Bella Creek project and their rates for inspection are more competitive than other consultants with Master Services Agreements with the City. This combination means the Green Valley team provides the best value for the City and the Applicant. The applicant has raised some concerns about the cost of inspection services and staff and its consultant have worked to be as efficient as possible, given the continuing extension of the schedule for completion. Ultimately, the Applicant has the most control over its ongoing inspection costs. Specifically: • The applicant controls the project designer – the quality of design directly influences the ease of construction and the schedule of construction. High quality designs minimize the construction schedule and the attendant need for inspection. • The applicant controls the project contractor – the quality of the contractor and its skill in completing the work while complying with the project’s conditions of approval impact the need for inspection. Timely, compliant construction work reduces inspection costs. Schedule delays and violations of conditions increase the City’s need to be on site. • The applicant controls the project superintendent – the superintendent’s direction and attention to compliance can reduce the City’s need to be on site. The City’s inspection effort is responsive to the site conditions, issues, problems and schedules. While staff works to provide good value for applicants, staff also needs to provide enough presence onsite to ensure conditions are complied with, to respond to public concerns when they are not and to protect the public assets that are impacted by the Applicant’s work. Approving an amendment to Green Valley’s Task Order will ensure that the City has the resources to respond to the Applicant’s needs. Because the compensation under the amendment is tied to actual ITEM NO. 6.C. 3 hours spent, the amendment does not guarantee Green Valley will receive the maximum authorized fee. If the Applicant is able to enhance its compliance with the project’s conditions of approval and finish its work ahead of staff’s anticipated time frame, the Applicant will reap the benefit of reduced costs. STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: 1. Authorize the City Manager to execute the Task Order Amendment with Green Valley Consulting Engineers (Recommended Option). This option will ensure that inspection resources are available as needed to ensure that the City and public interest are protected during the construction of this project. 2. Do not approve the Task Order Amendment and conduct all inspections with City staff (not recommended). Staff does not have adequate resources to conduct the inspection on this project in addition to its other work, which includes an increase in encroachment permit activity, particularly from cable companies seeking to improve their networks in response to the demands of COVID-19. Having consultant resources available for the project ensures that necessary inspection work can take place in a timely manner. FISCAL IMPACT/FUNDING SOURCE: There will be no net financial (or budgetary) impact as costs from the proposed amendment will be covered by developer deposits. Reso 2020-062 allows authorization to increase appropriations for monies received from developer deposits for expenditure by City staff on cost reimbursement projects. Department Head Approval Date: 04/08/2021 Finance Director Approval Date: 04/21/2021 City Attorney Approval Date: 04/08/2021 City Manager Approval Date: 04/30/2021 Attachments (list in packet assembly order): 1. Amendment 4 to Task Order 2019-05 with Green Valley Consulting Engineers AMENDMENT 4 TO TASK ORDER NO. 19-05 CITY OF ROHNERT PARK AND GREEN VALLEY CONSULTING ENGINEERS AUTHORIZATION OF ADDITIONAL ENGINEERING SERVICES FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR BELLA CREEK APARTMENTS GR19-0001 SECTION 1 – PURPOSE: The purpose of this Amendment is to authorize and direct Green Valley Consulting Engineers (“Consultant”) to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and ("Consultant") dated March 1, 2016. SECTION 2 – SCOPE OF WORK: The additional items authorized by this Amendment are presented in Exhibit “A”. SECTION 3 – COMPENSATION AND PAYMENT: Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The additional cost for the additional services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and the rates shown in Exhibit “B” for an amount not -to-exceed Eighty Two Thousand Dollars and No Cents ($82,000.00). Total compensation under this Task Order with this Amendment shall not exceed Three Hundred Thirty Six Thousand Four Hundred Ninety Dollars and Fifty Cents ($336,490.50). SECTION 4 – TIME OF PERFORMANCE: The work described in SECTION 2 shall be completed by December 31, 2021. SECTION 5 – ITEMS AND CONDITIONS: All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved t his 27th day of April, 2021. CITY OF ROHNERT PARK GREEN VALLEY CONSULTING ENGINEERS _____________________________ __________________________________ Darrin Jenkins, City Manager Elizabeth Ellis, President Per Resolution No. 2021-____ adopted by the Rohnert Park City Council at its meeting of April 27, 2021 ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ City Attorney Exhibit A Bella Creek Apartments The City would like our team to manage and inspect the grading and site work to assist City staff in workloads. Inspection needs will vary from full to part-time and tight coordination and management will be needed to ensure successful coordination with the developer’s team and the City’s inspection needs. Key items that our team will be aware of and have the experience to address during construction include: Heavy traffic volumes at times during meetings at adjacent City Hall Pedestrian traffic at intersections of existing and proposed improvements as well as adjacent Copeland Creek Trail Noise and dust control due to location adjacent to existing City Hall, apartments and businesses The project is directly adjacent to existing multifamily residences, as well as next to a highly used pedestrian trail. Green Valley is well experienced with working near residential neighborhoods. Scope of Work for Construction Management/Inspection Our scope of work is to provide the City with a senior level on-site inspector, available for full-time work during certain critical periods, part-time Construction Manager, and a construction support team (Construction Management Team). Our proposed team will act as an extension of the City’s own staff and will coordinate on project details, schedules, goals, etc. The Construction Manager’s overall responsibility and scope of work is to facilitate successful completion of the site work, paving and offsite utility connections, sidewalk trail improvement. The Construction Manager Services will include contract administration, construction management, field inspection to observe and document daily construction activities, and geotechnical observation and material testing. The construction manager will provide Resident Engineer services as required. Specifically, the work shall include the following as needed: Pre-Construction Services Construction Phase Services Post-Construction Services Construction Phase Services: 1.Schedule and chair the Pre-Construction Conference. We will prepare an agenda and minutes of the meeting. 2.Conduct progress meetings with the Contractor, the City Project Manager, and other involved parties to discuss the progress of the project. Follow up on the issues raised at these meetings to expedite resolution and closure to issues. 3.Provide Contract work with the City. Establish and implement coordination, tracking, and communication procedures among City, Inspector, Construction Manager, Construction Inspector, and Contractor. Prepare correspondence, reports, meeting notes, and other documentation as needed to communicate with the City, the Contractor, and other involved parties, and to establish a clear program record. Prepare and circulate meeting minutes. 4.Establish and implement coordination, tracking, and communication procedures among City, CM, Construction Inspector, Designer, and Contractor. 5.Establish and implement procedures for reviewing and processing requests for clarification and interpretation of the contract documents, shop drawings, samples and other submittals, contract schedule adjustments, change order proposals, written proposals for substitutions, payment applications, and the maintenance of field logs. Assist City in notifying the public prior to performing construction work that will impact them. 6. Record Management and Document Control Document Tracking System: Maintain a computer-based correspondence, information, and submittal tracking system to ensure that correspondence requiring responses, requests, and submittals are answered in a timely manner. The contractor’s submittal schedule will list all significant submittals required by the specifications and those that are critical to the project’s success. The schedule will identify the expected date that the item is due. We will review the schedule to confirm that all submittals are listed and that the planned dates allow sufficient time before the item is required on the job site. Green Valley Consulting Engineers will identify those submittals that can be reviewed at the job site and those that should be reviewed by the design engineer. The objective will be to proactively forecast potential problems and develop solutions before impacts occur in the project process. Maintain Project Files: Maintain orderly project files. These files shall include, but not be limited to: • Notice to Proceed • Correspondence • Meeting minutes • Submittals • Permit documentation • Clarifications for the contract documents • Materials delivery tickets and compliance certification • Weekly and monthly progress reports • Meeting minutes • Daily inspection reports • Progress photos • Lab and field test reports • Other project documentation 7. Provide field observation during construction. We will conduct detailed site observations of the general progress of the work to determine if the work is proceeding in accordance with the contract documents. The Construction Inspector will: • Attend all meetings • Ensure compliance with any ADA requirements and the contract documents • Review sampling and testing results • Arrange for batch plant inspections (not needed for this contract) • Retain tickets prior to placement of material • Record up-to-date construction information to use in preparation of the record drawings • Prepare daily reports • Report to City any violations to any applicable regulations • Maintain a copy of the contract documents and construction-related documents at the site • Coordinate all construction activities with the utility companies and other agencies within the project area and as required by the City 8. Prepare construction inspection reports. The on-site observer will complete a daily report of events that occur at the jobsite. Green Valley Consulting Engineers will implement a format for these reports which will include the following: • Contractor’s working hours on the jobsite. A separate log will be maintained if the contractor works two shifts or nights. • Contractor and subcontractor personnel and equipment on the jobsite. • Weather conditions and observations as to the effect on the progress of the work. • Decisions or directions given to the contractor. Items of this nature would be those of usual work progress with directions to be included in a more formal manner. • Daily utilization of the contractor and subcontractor equipment on the site, but obviously idle or in temporary storage will be so noted on the report. • Observations connected with the progress of the work including deficiencies or violations of contract requirements by the contractor. • Materials delivered to the job site, together with indication as to results of inspection thereof. • Observed or potential delays and apparent causes. The contractor’s reaction to these delays will be noted. • Data relative to claims, extras or deduction. This should include those noted and agreed, as well as potential claims or items of disagreement. • List of visitors, including testing laboratory representatives or others. 9. Prepare and submit weekly status report to the City consisting of, but not limited to, the following documentation: • A narrative description of the progress of work and major tasks completed • Schedule overview, with a 2 week look-ahead. • Change order summary. • One set of key progress photos. • Summary of construction progress for the prior reporting period. • Significant project issues including recommendations on any unsolved issues. 10. Review the contract documents and verify that all the required permits have been obtained for the construction of the project. 11. Review, and Track Requests for Information (RFI’s), Requests for Clarifications (RFC’s), and Shop Drawings. Green Valley Consulting Engineers will establish and implement a Request for Information (RFI) procedure for use in providing resolutions to inquiries from the contractor regarding interpretations and clarifications of the plans and specifications. The CM will review contract documents and interpret the drawings as necessary to answer the questions raised by the contractor. The CM will determine if resolution can be developed by application of the plans, typical details, the specifications, and applicable codes and standards. If the resolution cannot be determined from these or similar documents, the CM will consult with the design engineer and ask for the design engineer’s interpretation. If the design engineer is authorized to develop additional design details necessary to resolve a problem, Green Valley Consulting Engineers will coordinate through the engineer, the development of a revised design so that it is compatible with field conditions or status of the work, with the goal of minimizing or mitigating the impact on the contractor’s work. We will maintain a submittal log and process required submittals, prior to, and during the process of the work as follows: • Concrete mix designs for minor concrete • Mix designs for asphalt concrete • Certificates of compliance for materials • SWPPP Plan • Traffic Control Plan • Contractor’s Safety Plan • Certified Payrolls We understand the importance of reviewing submittals in a timely manner. It is imperative that submittals are received early on in a project and reviewed and approved promptly so as to not impact construction activities. We will work with the contractor to verify that all submittals are submitted and approved well in advance of the construction activities. 12. Review the contractor’s initial and updated schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. We will verify that all work for interim milestones is included on the schedule. We will verify logic ties of activities, check the reasonability of task durations, review the critical path, and check for critical activities. Important scheduling elements, such as partial shutdowns, street and lane closures, detours, public notifications, material delivery, material storage, and contractor material hauling will be a part of the schedule review process. 13. Provide videotape and photographic documentation of project site prior to, during, and after construction. Ensure that any survey markers disturbed by the Contractor are restored by the Contractor. 14. Maintain a set of contract documents with up-to-date information regarding all addendum, substitutions, clarifications, and changes. 15. Review and monitor the contractor’s safety program. The inspector will enforce on-site safety requirements and will report to City on any observed deviations from the plan. 16. Review and monitor all traffic control and public safety plans for compliance with all safety laws and regulations. Review all detour, lane closures, temporary access, signing, delineation and traffic control plans. The Inspector will enforce traffic control safety requirements in and around construction zones. 17. Review the Contractor’s “Best Management Practices” plan prior to beginning of construction. Monitor the Contractor’s implementation to prevent storm water pollution from related activities in compliance with the National Pollutant Discharge Elimination System (NPDES). 18. Review of Storm Water Pollution Prevention Plan (SWPPP) as required by the City. 19. The CM will maintain a copy of the plans on the site with all the changes. Upon completion of construction, Green Valley Consulting Engineers will conduct an As-Built verification, and prepare and provide a copy of the As-Built plans to the City. 20. Maintaining good, working relationships with the public. The CM will immediately report to the City any inconvenience to the public and will try to remedy arising problems as soon as possible, subsequent to his discussion with the City. Post Construction Services 1. Contract closeout services will include the administration of the transfer of the project to the City, coordination of warranty activities and demobilization of the Contractor and CM Staff. 2. At the completion of the project, we will perform inspections of the work to determine if any work is incomplete. We will prepare a punch list of the incomplete work and provide to the Contractor and City. We will perform subsequent inspections to confirm that incomplete work has been completed satisfactorily. 3. We will obtain lien waivers, bonds, warranties, and other documents required. 4. We will prepare a final certificate of substantial completion and recommendation to the City for final acceptance of the project. 5.At the completion of the project, we will turn over all documents including final redline as-built drawings. We will coordinate the completion of final as-built drawings through the design engineer. A final project report will be prepared summarizing the project and performance of the contractor. 6.After completion of the project, we will coordinate the warranty repair procedures including a date of warranty expiration. We will monitor warranty problems and assist the City with warranty repair management until the final certificate of completion is filed. Ta s k T as k In f o r m a t i o n Co n st . Ma n a g e r / P E Pr o j e c t M a n g Co n s t r u c t i o n In s p e c t o r I I - OT Co n s t r u c t i o n In s p e c t o r I I Ad m i n . As s i s t a n t Di r e c t Co s t s To t a l Ho u r s To t a l C o s t s Remarks $2 2 0 $ 2 2 0 $ 1 6 5 $ 1 4 0 $ 8 5 1 P r o j e c t / C o n s t r u c t i o n M a n a g e m e n t 45 35 80 $ 1 7 , 6 0 0 2 D a i l y F i e l d I n s p e c t i o n & D o c u m e n t a t i o n 10 40 0 3 0 44 0 $ 6 0 , 2 0 0 1 i n s p e c t o r In s p e c t o r V e h i c l e $3 , 2 8 0 $3 , 2 8 0 V e h i c l e c o s t s a t $ 8 / h r i n s p e c t o r Re i m b u r s i b l e E x p e n s e s ( p h o t o s , c o p i e s , e t c . ) $0 To t a l H o u r s 45 35 10 40 0 3 0 - $9 , 9 0 0 $ 7 , 7 0 0 $ 1 , 6 5 0 $ 5 6 , 0 0 0 $ 2 , 5 5 0 $ 3 , 2 8 0 TOTAL NOT-TO-EXCEED COST WO R K E S T I M A T E Pr o j e c t T o t a l $8 1 , 0 8 0 . 0 0 C o n s t r u c t i o n M a n a g e m e n t a n d In s p e c t i o n S e r v i c e s f o r B e l l a C r e e k A p a r t m e n t s - A m d . #4 CI T Y O F R O H N E R T P A R K - M a r c h 2 0 2 1 3/16/2021 E EX H I B I T B ITEM NO. 6.D. 1 Meeting Date: May 11, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Justin Brandt, Associate Engineer Agenda Title: Adopt a Resolution Finding the Commerce Boulevard Water Line Replacement Project (Project 2019-29) Exempt from the California Environmental Quality Act (CEQA) under Public Resource Code Section 21080.21, Approving the Plans and Specifications, Awarding the Construction Contract to Argonaut Constructors in the Amount of $880,242.00, Authorizing the City Manager to Execute Amendment 1 to Task Order 2020-04 with Coastland Civil Engineering, Inc. for Additional Construction Management Services in an amount not to exceed $51,340 and a total Task Order Amount not to exceed of $202,785, and Authorizing City Manager to Execute Amendment 2 to Task Order 2020- 01 with Coastland Civil Engineering, Inc. for Additional Design Services in an amount not to exceed $21,790 and a total Task Order Amount not to exceed $156,038. RECOMMENDED ACTION: Adopt a Resolution Finding the Commerce Boulevard Water Line Replacement Project (Project 2019-29) exempt from the California Environmental Quality Act (CEQA) under Public Resource Code Section 21080.21, approving the plans and specifications, awarding the construction contract to Argonaut Constructors in the amount of $880,242.00, authorizing City Manager to execute Amendment 1 to Task Order 2020-04 with Coastland Civil Engineering, Inc. for additional construction management services in an amount not to exceed $51,340 and a total task order amount not to exceed of $202,785, and authorizing City Manager to execute Amendment 2 to Task Order 2020-01 with Coastland Civil Engineering, Inc. for additional design services in an amount not to exceed $21,790 and a total task order amount not to exceed $156,038. BACKGROUND: On June 23, 2020, the City Council approved the Fiscal Year 2020-21 Capital Improvement Program (CIP) budget that includes budget for a water line replacement on State Farm Drive and Commerce Boulevard. This project would replace a failing segment of 8-inch water line in State Farm Drive and Commerce Boulevard. In February 20, 2020, Coastland Civil Engineering, Inc. was selected, following a competitive Request for Qualifications process, to complete the design work for the project. The design work is complete and was approved by the Deputy City Engineer. On December 11, 2020, the City posted the project out to bid. On January 14, 2021, the City received 10 sealed bids and determined that Michael Paul Company was the lowest responsive Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.D. 2 bidder. On February 9, 2021, the City Council awarded the project to Michael Paul Company and construction management services to Coastland Civil Engineering, Inc. Shortly after the award of this construction contract, the City received a pre-application for redevelopment of the former Yardbirds site. When analyzing this pre-application, it became clear that the proposed 8- inch water line replacement in Commerce Boulevard would need to be upsized to 12-inches to provide adequate fire flow for the proposed redevelopment. Staff requested a quote from Michael Paul Company to make this change, and the quote was not competitive with the cost of similar work on similar projects. Staff negotiated a deductive change order of $656,501.66 with Michael Paul Company to remove the 8-inch water line replacement from the contract so that the 12-inch water line replacement could be competitively bid as a separate project. While this decision results in the need for some additional engineering and construction management services, the construction cost savings far outweigh the additional consultant costs. Staff solicited competitive bids for construction on March 19, 2021. Staff is seeking City Council approval of the updated plans and approval to award the construction contract along with Task Order amendments for the additional consultant services. ANALYSIS: The City’s bidding procedures for public works projects are consistent with the California Uniform Public Construction Cost Accounting Act (CUPCCAA), Public Contract Code Sections 22000-22050. In accordance with the City’s bidding requirements, staff posted and published an Invitation to Sealed Bids on March 19, 2021 and March 26, 2021. The City received bids from nine (9) contractors, which were publicly opened on April 5, 2021. The Engineer’s Estimate for the project was $949,377 or $230 per installed foot of pipeline. As illustrated in Table 1 below, four of the nine bids were at or under the estimate affirming staff’s decision to secure new pricing for the upsized waterline in order to secure the best value for the City. Table 1 – Summary of Bids Received Contractor Bid Amount Bay Pacific Pipelines, Inc. $877,791.00 Argonaut Constructors $880,242.00 Ghilotti Construction Company, Inc. $906,319.00 W.R. Forde Associates, Inc. $929,087.00 Team Ghilotti, Inc. $953,141.77 Coastside Concrete & Construction, Inc. $1,000,000.00 Terracon Constructors, Inc. $1,053,724.00 Piazza Construction $1,081,785.05 Ecast Engineering, Inc. $1,230,961.25 Staff reviewed the bids for responsiveness and contractor responsibility. Staff found that the lowest bidder, Bay Pacific Pipelines, Inc. unresponsive because they did not submit their qualifications per the bid requirements. Staff recommends moving forward with Argonaut Constructors, as they have been determined to be the lowest, qualified, responsive and responsible contractor. Argonaut Constructors is a responsible bidder with the license and bonding capacity to complete the work ITEM NO. 6.D. 3 and a long history of successfully completing pipeline installation projects in the City. To account for any unforeseen conditions during the construction, staff recommends that the City Council authorize the City Manager to execute change orders in an amount up to 15% of the project costs ($132,036.30) for contingencies. The total contract amount plus 15% contingency is $1,012,278.30. Staff is also requesting that City Council approve Amendment 2 to Task Order 2020-01 with Coastland Civil Engineering, Inc. The Task Order Amendment covers the work associated with redesigning the project to include 12-inch diameter rather than 8-inch diameter pipe and rebidding the project. The proposed amendment is for $21,790 bringing the total cost of design services to $156,038 of 12.9% of the total construction costs. Finally, staff is requesting that the City Council approve Amendment 1 to Task Order 2020-04 with Coastland Civil Engineering, Inc. for an additional cost of $51,340 for construction management services, which brings the total value of the Task Order to $202,785. Supplementing inspection staff for this project is necessary due to the large volume of public and private projects in relation to in-house inspection staffing. Coastland’s proposed fee for construction management services is approximately 16.3% which is slightly above the industry standard range of 10% to 15% of the construction cost. This reflects the fact that rebidding the project means that the construction schedule is extended and the construction manager and inspector need to spend more time on the project. This is offset by the fact that the City secured very favorable construction bids for the work which increases the overall value to the City. ENVIRONMENTAL ANALYSIS: The scope of work involves replacing an 8-inch water line with a 12-inch water line in order to improve the existing water system and services along Commerce Boulevard. The project is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant Public Resources Code section 21080.21 because it is installation of pipeline within a public street of less than one mile in length. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal C- Ensure the Effective Delivery of Public Services. The infrastructure improvements will provide better service for existing users, improve water capacity for development, eliminate the costs associated with emergency repairs and eliminate the water waste that occurs when water mains break. OPTIONS CONSIDERED: 1. Approve the proposed Resolution. (Recommended Action). This will allow staff to effectively and efficiently implemented a planned CIP project, improve water service and reduce the costs and water waste associated with main breaks. 2. Do not award the contract to the contractor. This option is not recommended, as it will prevent needed replacements to a failing segment of water main. FISCAL IMPACT/FUNDING SOURCE: This is a budgeted capital project and the fiscal impact of this action is $1,114,753.30. There is currently an unencumbered budget of $1,339,385.91 available in the project to cover this work. No additional funding is expected to be needed. There is no fiscal impact to the General Fund for this project. The funds appropriated as part of this project are the water preservation charge (Fund 531), the water utility fund (Fund 511), and the water capacity charge fund (Fund 519), ITEM NO. 6.D. 4 which is a development impact fee and an appropriate source of funding to use for this project because the project anticipates the needs of development. Table 2 below shows the encumbrance to be split between developer funded contributions and other funds in order to fairly distribute cost incurred due to the future projected development in the area. Table 2 –Allocation from Funds Project Name Commerce Boulevard Water Line Replacement Funding Sources Water Preservation Charge (Fund 531) Fund and the Water Utility (Fund 511) Fund Water Capacity Charge (Fund 519) Construction Contract Encumbrance $784,979.00 $95,263.00 15% Construction Contingency $117,746.85 $14,289.45 Task Order 2020-01 Amendment #2 Encumbrance $21,790 Task Order 2020-04 Amendment #1 Encumbrance $51,340 City Staff Time $29,345.00 Total Budget Encumbrance $932,070.85 $182,682.45 Total (Combined) $1,114,753.30 Department Head Approval Date: 4/26/2021 City Attorney Approval Date: 4/21/2021 Finance Director Approval Date: 4/22/2021 City Manager Approval Date: 4/28/2021 Attachments: 1. Resolution • Exhibit A: Construction Contract Agreement with Argonaut Constructors • Exhibit B: Task Order 2020-04 Amendment #1 for Construction Services with Coastland Civil Engineering, Inc. • Exhibit C: Task Order 2020-01 Amendment #2 for Design Services with Coastland Civil Engineering, Inc. RESOLUTION NO. 2021-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK FINDING THE COMMERCE BOULEVARD WATER LINE REPLACEMENT PROJECT (PROJECT 2019-29) EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER PUBLIC RESOURCE CODE SECTION 21080.21, APPROVING THE PLANS AND SPECIFICATIONS, AWARDING THE CONSTRUCTION CONTRACT TO ARGONAUT CONSTRUCTORS IN THE AMOUNT OF $880,242.00, AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT 1 TO TASK ORDER 2020-04 WITH COASTLAND CIVIL ENGINEERING, INC. FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $51,340 AND A TOTAL TASK ORDER AMOUNT NOT TO EXCEED OF $202,785, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 2 TO TASK ORDER 2020-01 WITH COASTLAND CIVIL ENGINEERING, INC. FOR ADDITIONAL DESIGN SERVICES IN AN AMOUNT NOT TO EXCEED $21,790 AND A TOTAL TASK ORDER AMOUNT NOT TO EXCEED $156,038 WHEREAS, on June 23, 2020, the City Council approved the Capital Improvement Program (Program) Fiscal Year 2020-2021, which includes a project titled Commerce Water Line Replacement (Project 2019-29); WHEREAS, the scope of work includes replacing the existing water line, replacing backflow devices, replacing fire hydrants, and replacing service connections; and WHEREAS, plans and specifications for the water line replacement of the State Farm Drive/Commerce Boulevard Water Line Replacement were prepared by Coastland Civil Engineers, Inc. and approved by the Deputy City Engineer; and WHEREAS, consistent with the Public Contract Code, an invitation for bids was posted and published on March 19, 2021 and March 26, 2021, for the Project; and WHEREAS, 9 sealed bids were received on the bid opening date of April 5, 2021 and were publicly opened; and WHEREAS, Development Services staff determined that Argonaut Constructors submitted the lowest responsive and responsible bid in an amount of $880,242.00; and WHEREAS, the City’s approved 2020-2021 Capital Improvement Program includes enough funding to cover the Project; and WHEREAS, staff does not have the capacity to provide construction management services for the State Farm Drive/Commerce Boulevard Water Line Replacement Project, and Coastland Civil Engineering, Inc. is qualified and familiar with the State Farm Drive/Commerce Boulevard Water Line Replacement as both the design consultant and construction management consultant; and WHEREAS, staff prepared Amendment 1 to Task Order Number 2020-04 for construction management services by Coastland Civil Engineer, Inc. for the Project and determined their additional scope and fee of $51,340 in a total amount not to exceed $202,785.00 to be appropriate given the change in Project scope; and Resolution 2021-046 2 WHEREAS, staff prepared Amendment 2 to Task Order Number 2020-01 for design services by Coastland Civil Engineer, Inc. for the Project and determined their additional scope and fee of $21,790 in a total amount not to exceed $156,038.00 to be appropriate given the change in Project scope. NOW, THEREFORE the City Council of the City of Rohnert Park does hereby resolve, determine, find and order as follows: 1. The above recitals are true and correct and material to this Resolution. 2. The City Council determines that the Commerce Boulevard Water Line Replacement Project (2019-29) is exempt from review under California Environmental Quality Act (CEQA) pursuant under Public Resources Code section 21080.21, because it is an installation of new or replacement pipe in the public right of way that is less than one mile in length, and directs staff to file a Notice of Exemption with the Sonoma County Clerk’s Office. 3. The plans and specifications for the Commerce Boulevard Water Line Replacement Project, on file with the City Clerk, are hereby approved and adopted. 4. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 5. In accordance with the California Public Contract Code, the City Council of the City of Rohnert Park hereby finds the bid of $880,242.00 for the Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law. 6. The City Manager is hereby authorized and directed to execute the contract with Argonaut Constructors in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of eight hundred eight thousand two hundred and forty-two dollars and zero cents ($880,242.00) for construction of the Project in accordance with the bid documents and applicable law upon submission of Argonaut Constructors of all documents required pursuant to the Project bid documents. 7. The City Manager is hereby authorized to execute change orders with Argonaut Constructors in an amount not to exceed 15% of the contract, or one hundred thirty-two thousand thirty-six dollars and thirty cents ($132,036.30) for the Project. 8. City staff is hereby directed to issue a Notice of Award to Argonaut Constructors for this project. 9. The City Manager is hereby authorized and directed to execute Amendment 1 to Task Order 2020-04 with Coastland Civil Engineering for additional construction management services in amount not to exceed fifty-one thousand three hundred and forty dollars and no cents ($51,340.00) and a total task order amount not to exceed of two hundred two thousand seven hundred and eighty-five dollars and no cents ($202,785.00) in substantially similar form to Exhibit B, which is attached hereto and incorporated by this reference. 10. The City Manager is hereby authorized and directed to execute Amendment 2 to Task Order 2020-01 with Coastland Civil Engineering for additional design services in amount not to exceed twenty-one thousand seven hundred ninety dollars and no cents Resolution 2021-046 3 ($21,790.00) and a total task order amount not to exceed one hundred fifty-six thousand thirty-eight dollars and no cents ($156,038.00) in substantially similar form to Exhibit C, which is attached hereto and incorporated by this reference. 11. This Resolution shall become effective immediately. 12. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 11th day of May, 2021. CITY OF ROHNERT PARK __________________________________ ATTEST: Gerard Giudice, Mayor _____________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A, B, & C ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Commerce Blvd. Water Line Replacement Project Rohnert Park City Project No. 2019-29 Page 1 OAK #4839-3351-6127 v1 C O N T R A C T Commerce Blvd. Water Line Replacement Project PROJECT NO. 2019-29 THIS AGREEMENT, made and entered into this 11th day of May, 2021, by and between Argonaut Constructors, hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1.Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on May 11, 2021, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2.Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within eighty 60 working days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of two thousand five hundred dollars ($2,500) per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3.Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of $880,242.00. 4.Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a)This Agreement b)Notice Inviting Sealed Proposals c)Instruction and Information to Bidders d)Accepted Proposal, with all attachments and certifications EXHIBIT A Commerce Blvd. Water Line Replacement Project Rohnert Park City Project No. 2019-29 Page 2 OAK #4839-3351-6127 v1 e) Performance Bond f) Payment Bond g) Special Provisions h) Standard Specifications i) Technical specifications j) Design Standards k) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2018 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agent s, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the City Office located at 130 Avram Avenue, Rohnert Park, CA 94928. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employe d in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not Commerce Blvd. Water Line Replacement Project Rohnert Park City Project No. 2019-29 Page 3 OAK #4839-3351-6127 v1 less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprent iceable occupations. With each application for payment, Contractor shall also deliver certified payrolls to Owner as set forth above in these General Conditions, and concurrently therewith (but in no event less frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor Commissioner. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or Commerce Blvd. Water Line Replacement Project Rohnert Park City Project No. 2019-29 Page 4 OAK #4839-3351-6127 v1 E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. . 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law (including without limitation California Civil Code Section 2782), Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the sole negligence, intentional misconduct or active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under Commerce Blvd. Water Line Replacement Project Rohnert Park City Project No. 2019-29 Page 5 OAK #4839-3351-6127 v1 this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, Commerce Blvd. Water Line Replacement Project Rohnert Park City Project No. 2019-29 Page 6 OAK #4839-3351-6127 v1 and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. Commerce Blvd. Water Line Replacement Project Rohnert Park City Project No. 2019-29 Page 7 OAK #4839-3351-6127 v1 F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK Argonaut Constructors ____________________________________ City Manager Date Name/Title Date Per Resolution No. _______________ adopted by the Rohnert Park City Council at its meeting of May 11, 2021. ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney AMENDMENT 1 TO TASK ORDER NO. 2020-04 CITY OF ROHNERT PARK AND COASTLAND CIVIL ENGINEERING AUTHORIZATION OF ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR STATE FARM DRIVE/COMMERCE BOULEVARD WATER LINE REPLACEMENT, PROJECT NO. 2019-29 SECTION 1 – PURPOSE The purpose of this Amendment is to authorize and direct Coastland Civil Engineering to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and Coastland Civil Engineering ("Consultant") hereto dated March 28, 2019. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The additional cost for the additional services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B” in an amount not-to- exceed $51,340. The total compensation under this Task Order with this Amendment shall not exceed $202,785. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2021, or as extended by the City Manager of the Director of Development Services or his/her designee. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 11th day of May, 2021. CITY OF ROHNERT PARK COASTLAND CIVIL ENGINEERING ____________________________ Darrin Jenkins, City Manager (Date) Name: (Date) Per Minute Order adopted by the Title: Rohnert Park City Council at its meeting of May 11, 2021. ATTEST: ____________________________ City Clerk COASTLAND __________________________ CIVIL ENGINEERING -CONSTRUCTION MANAGEMENT -BUILDING DEPARTMENT SERVICES April 8,2021 Mr.Justin Brandt,P.E. Associate Engineer City of Rohnert Park 1 30 Avram Avenue Rohnert Park,CA 94928 Subject:State Farm I Commerce Water Line Replacement Request for Contract Amendment #1 Dear Justin: This letter is to request a contract amendment for Coastland’s Construction Management and Inspection services for the State Farm/Commerce Water Line in the amount of $51,340 The reasons for the budget over-run are as follows: The projects scope has changed to from originally installing 8”water main on Commerce to installing 12”water main due to future fire flow needs for an upcoming development. Additionally,a new Contractor has been selected for this work adding time for project start up, submittals and meetings.As of April 2,2021 ,we have 56 working days remaining in our original budget of 80 working days.We estimate an additional 25 working days will be needed to facilitate the changes listed here.Please see the attached work estimate for a breakdown of the added costs. If you have any questions,please call me at (707)494-6464. Sincerely, Mike Janet Construction Services Manager cc:John Wanger;Andrea Tidwell Santa Rosa Auburn Pleasant Hill Fairfield 1400 Neotomas Avenue 11641 Blocker Drive,Ste.170 3478 Buskirk Avenue,Ste.1000 324 Campus Lane,Ste.A Santa Rosa,CA 95405 Auburn,CA 95603 Pleasant Hill,CA 94523 Fairfield,CA 94534 Tel:707.5718005 Tel:530.888.9929 Tel:925.233.5333 Tel:707.7021961 www.coastlandcivil.com EXHIBIT "A" PROPOSAL FOR CM State Farm I Commerce Water Line Replacement &INSPECTION SERVICES NOTES:Coastland reserves the right to adjust estimated hours should the Contractor schedule additional crews or overtime work. I Based on 25 working days 2 Based on full time inspection at 40 hours per week 20 hours of overtime have been included for typical overruns. 3 Based on part time construction management WORK ESTIMATE City of Rohnert Park TASK INFORMATION HOURS AND COST INFORMATION TaskNo.Principal CM Inspector Inspector Inspector Admn Dr t Total lCvwiId Task Information Engineer #1 #2 OT ‘ec Total Costs Comments $195 $165 $145 $130 $203 $85 Costs Hours EE Pre.Construction Meeting 4 4 8 $1 240 Agendas I conduct meeting Site Visit &Documentation o so Job walk I photos/Meet with City —.-——— Project Start-Up 4 8 12 $1 820 Assemble filing /CM program —f-——--Daily Field Inspections &Documentation 65 65 $9,425 Based on 25 working days —-—— Overtime Inspection 20 20 $4,060 —-—— Special Inspection $0 —--—— Progress MeetingslOther Mtgs 4 10 10 24 $3,880 Assume attendance @ 6 mtgs (CM &Inspector) Status Reports &Documentation 4 9 13 $1 965 Review progress/documentation ———— Reports 7 9 $2,460 Status /Daily Updates to City .——— Submittal Management 15 30 45 $6,825 Based on 20 submittals Requests For Information 4 6 10 $1 530 Based on 2 RFI’s ——— Change Order Management 4 8 12 $1 820 Based on 2 change orders Construction Management 3 3 $495 Cost and Schedule Management 8 18 26 $3,930 Based on 3 monthly payments &CPM updates —p--——Public Relations &Outreach 4 15 19 $2,835 Notices/meeting/coordination etc Conflict Resolution &Claim Management 0 $0 Time and Materials if needed Utility Coordination 5 10 15 $2,275 Coordination/spot inspection Post Construction Meeting 4 4 8 $1 240 Walk through/Final Punchlist Project Closeout 4 4 8 $1 240 As-builts /files Photographs&video $100 $100 VehiclelEquipment expenses $4,200 $4,200 280 hours x $15/hr $4200 Total Hours 4 80 200 0 20 0 304 TOTAL $780 $13,200 $29,000 $0 $4,060 $0 $4,300 $51,340 F.\Pwiwis\Rhiwn Pk\18-4527 svt Fi &Wiw Liiw RpI wi,wt CM\CM Iwp_See Fw Cmi[€Wat&L!w RpIw€wwt_Wwk Etwt Aiiwdiwt#1.vwk iwat 4/13/2021 EXHIBIT "B" AMENDMENT 2 TO TASK ORDER NO. 2020-01 CITY OF ROHNERT PARK AND COASTLAND CIVIL ENGINEERING AUTHORIZATION OF ADDITIONAL DESIGN SERVICES FOR STATE FARM DRIVE/ COMMERCE BOULEVARD WATER LINE REPLACEMENT, PROJECT NO. 2019-29 SECTION 1 – PURPOSE The purpose of this Amendment is to authorize and direct Coastland Civil Engineering to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and Coastland Civil Engineering ("Consultant") hereto dated March 28, 2019. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The additional cost for the additional services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B” in an amount not-to- exceed $21,790. The total compensation under this Task Order with this Amendment shall not exceed $156,038. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2021, or as extended by the City Manager of the Director of Development Services or his/her designee. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 11th day of May, 2021. CITY OF ROHNERT PARK COASTLAND CIVIL ENGINEERING ____________________________ Darrin Jenkins, City Manager (Date) Name: (Date) Per Minute Order adopted by the Title: Rohnert Park City Council at its meeting of May 11, 2021. ATTEST: ____________________________ City Clerk Santa Rosa Auburn Pleasant Hill Fairfield 1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961  www.coastlandcivil.com April 1, 2021 Justin Brandt, PE City of Rohnert Park 6250 State Farm Drive Rohnert Park, CA 94928 Subject: Commerce Boulevard Water Line Replacement Project Amendment No. 2 Proposal Justin, We are pleased to provide you with this proposal for additional design services for the above referenced project. It is understood the City and the selected Contractor for the State Farm and Commerce Water Line Replacement Project are modifying their contract to only include the work on State Farm and a short section of water line on Commerce. The City has requested that Coastland prepare a separate bid package for a new construction contract to only include work in Commerce. We have also been requested to provide bid and design assistance during construction for the new project. Based on the above understanding of the project, we have prepared the following scope of work and estimated fee for your consideration. Tasks listed below are the same as our original proposal for this project and extra work is noted where required. TASK 1 – PROJECT MANAGEMENT AND COORDINATION No additional work under this task. TASK 2 – TOPOGRAPHIC SURVEY No additional work under this task. TASK 3 – DESIGN DEVELOPMENT No additional work under this task. TASK 4 – 60% SUBMITTAL No additional work under this task. TASK 5 – 90% SUBMITTAL No additional work under this task. TASK 6 – FINAL SUBMITTAL Preparing a separate bid package for work within Commerce Blvd. only. Provide updated plans, estimate, and specifications. SCOPE OF SERVICES EXHIBIT "A" TASK 7 – BID PHASE SERVICES AND DESIGN SERVICES DURING CONSTRUCTION During the bidding process, we will provide bid assistance to the City to answer questions that may arise during the bidding phase. This will include assisting the City in preparing up to one (1) addendum that may be necessary. Please note that the time associated with this task does not include any time necessary for bid protests. If a bid protest is issued by any of the bidders, we can provide this as an additional service on a time and materials basis, as the time to process the protest is unknown. During construction, Coastland will provide design support services, which includes assisting the City with answering up to fifteen (15) Request for Information (RFI’s) and up to forty (40) submittals from the Contractor and up to four (4) site visits. We understand and appreciate the importance of construction support. Coastland will also prepare up to two (2) Contract Change Orders, if required. Our intention is to be an extension of City staff. Please note that our effort for this task is only an estimate. If significant input is requested during construction, we will notify the City and provide a modified scope and fee for the City’s consideration. TASK 8 – RECORD DRAWINGS Additional time is included to prepare two separate sets of record drawings for both the State Farm only project and the new Commerce only project. TASK 9 – CALTRANS ENCROACHMENT PERMIT No additional work under this task. Estimated Cost Based on our scope of work, we are proposing that the design services associated with Amendment No. 2 be completed for a not-to-exceed amount of $21,790. The amount quoted is assuming that all of the work for this project will fall under the scope of work as previously described. Please note that in the not to exceed amount, we have included an estimated amount of $100 for reimbursable expenses (i.e., plotting, mileage, etc.). These reimbursable costs will be billed at cost plus 15%. Please let us know if you have any questions. Sincerely, Steve Van Saun, PE Senior Engineer cc: John Wanger Heidi Utterback File Attachments: Work Estimate $195 $160 $140 $145 $90 $165 1 PROJECT MANAGEMENT AND COORDINATION No additional work under this task.0$0 Subtotal 0$0 2 TOPOGRAPHIC SURVEY No additional work under this task.$0 Subtotal 0$0 3 DESIGN DEVELOPMENT No additional work under this task.0$0 Subtotal 0$0 4 60% SUBMITTAL No additional work under this task.0$0 Subtotal 0$0 5 90% SUBMITTAL No additional work under this task.0$0 Subtotal 0$0 6 FINAL SUBMITTAL - COMMERCE BLVD. Prepare Bid Package 14 6 20 $3,110 Subtotal 20 $3,110 7 BID PHASE AND DESIGN SERVICES DURING CONSTRUCTION Bidding Assistance 4 4 $640 Addendum 2 4 2 4 12 $1,890 RFI's (15)8 16 4 28 $3,880 Submittal Review (40)16 32 4 52 $7,400 Site Visits (4)10 10 $1,600 Contract Change Orders (2)2 4 4 4 14 $2,270 Subtotal 120 $17,680 8 RECORD DRAWINGS Record Drawings 2 4 6 $900 Subtotal 6 $900 9 CALTRANS ENCROACHMENT PERMIT No additional work under this task.0$0 Subtotal 0$0 Direct Costs (repro, mileage, etc.)$100 Total Cost 462501884 $0 146 $21,790 Subconsultant Cost Engineering Services - Amendment No. 2 Senior Engineer Assistant Engineer Sr. Engr. Technician DESIGN WORK ESTIMATE TASK TOTAL FEE Construction Manager TOTAL HOURS Admin Billing Classification & Rate City of Rohnert Park Hours & Cost Principal Engineer Task Information Commerce Boulevard Water Line Replacement Page 1 EXHIBIT "B" Due to its file size, a copy of the Plans and Specs for Agenda Item 6.D. can be made available upon request to the City Clerk’s Office Item 6.D. ITEM NO. 6.E 1 Meeting Date: May 11, 2021 Department: Development Services Submitted By: Vanessa Garrett, Deputy City Engineer Prepared By: Eydie Tacata, Management Analyst Agenda Title Adopt a Resolution Amending the Fiscal Year 2020-21 Capital Improvement Program (CIP) Budget and Related Actions RECOMMENDED ACTION: Adopt a resolution approving amendments to the Fiscal Year 2020-21 Capital Improvement Program (CIP) Budget to adjust funding appropriations and transfers to the Capital Improvement Project Fund (Fund 310) from Refuse Road Impact Fund (Fund 125), Road Rehabilitation and Maintenance Act Fund (Fund 132), Measure M Transportation Fund (Fund 135), and Public Facilities Finance Fee Fund (Fund 165); and to the Water Capital Project Fund (Fund 541) from the Water Capacity Charge Fund (Fund 519). BACKGROUND: The City Council approved the current CIP Budget on June 23, 2020. When staff develops the CIP Budget for Council consideration, the best available information at the time is used to put forth new projects, estimate project budgets, and seek the needed funding appropriations from special revenue funds, utility enterprise funds or reserves. However, as the year progresses, project budgets change, new funding and projects emerge, or conversely, revenues may not meet projections, and amendments to the CIP Budget are necessary. The City Council authorizes CIP Budget amendments by formal action, unless otherwise delegated. Staff is seeking the Council’s consideration and approval of amendments to the FY 2020-21 CIP Budget for funding appropriations to projects within the Capital Improvement Project Fund (Fund 310), which generally includes City facilities and transportation system capital projects and the Water Capital Project Fund (Fund 541), which includes water system preservation and expansion projects. PROPOSED CIP BUDGET AMENDMENTS AND FUNDING APPROPRIATIONS: Exhibit A to the Resolution: FY 2020-21 CIP Budget Amendments (Project Budgets and Funding Appropriations) lists the proposed amendments to the FY 2020-21 CIP Budget for consideration. Below is a narrative description of the reasons for the adjustments. (1) Water system expansion projects are completed and can release appropriations for new Water Tank #9 Project. Two water projects – Keiser Ave Pipeline (Proj. No. 2017-18) and Southeast Rohnert Park Transmission Line (Proj. No. 2018-06) – have been completed and are able to release funding 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 appropriations of Water Capacity Charge funds so they are available to other water system projects. The total available Water Capacity Charge appropriation that can be released from these projects is $124,200. It is proposed to use this amount and an additional $125,800 from Fund 519 fund balance for a total new appropriation of $250,000 for Water Tank #9 (CIP No. WA- 67, Proj. No. 2021-02). This new CIP project is a water storage tank proposed to be located east of Petaluma Hill and which will satisfy required mitigation measures required for the Sonoma Mountain Village Development and the South East Specific Plan Development. The new tank will be tied into the city’s water system and once constructed benefits the entire city with increased water storage. The funding will be used to design the plans and specifications for the tank pad and soil nail wall to construct at the same time as other improvements are occurring on the water tank property. (2) Refuse Road Impact Fund revenues have ceased, prompting need to backfill funding to projects from other sources. A change to the garbage contract with Recology, the City’s refuse hauler, resulted in the elimination of the Refuse Road Impact Fee (RRIF). This fiscal year’s revenues to the Refuse Road Impact Fee Fund (Fund 125) are reduced from the projected $315,000 down to $49,306. Several projects have existing Fund 125 appropriations carried over from prior years, and the total fund balance in Fund 125 in short by $280,326 to fund existing appropriations. The FY 2020-21 CIP included the 2020-21 Various Streets Preservation Project (Proj. No. 2020-21), which was expected to be funded in part with $555,000 from the Fund 125. $280,326 of this can be funded by other sources to fill the shortfall left by the mid-year elimination of the Refuse Road Impact Fee Fund. Staff has identified $212,295 from the Road Rehabilitation and Maintenance Act Fund (Fund 132) and $68,031 from Measure M Transportation (Fund 135) to replace the RRIF funds that are no longer available. (3) Copeland Creek Detention Basin funding appropriations scaled back commensurate to developer contribution to Public Facilities Finance Fee Fund. The Copeland Creek Detention Basin (Proj. No. 2006-04) has a total project budget of $6,786,640, of which $6,032,456 is appropriated from the Public Facilities Finance Fee Fund (Fund 165). $5,000,000 of this funding was expected from a developer contribution which has not yet been made, in part because of changes in the project delivery timeline. $5,000,000 of the Fund 165 appropriation to this project can be released so that it is available to other projects. A new appropriation of these funds can be sought in the future when needed for this project and developer contributions have been made to the program. (4) Expansion of Pedestrian Safety Project with expected new Federal funding. In February, the City applied for $522,000 in Federal funding from the Metropolitan Transportation Commission (MTC) Safe and Seamless Mobility Quick-Strike program, a one- time, competitive grant program for shovel-ready bicycle/pedestrian safety and mobility projects. The project submitted by the City combined the existing RPX/Commerce Pedestrian Safety Project (Proj. No. 2020-28) with additional safety improvements at 12 crossings where multi-use paths meet streets. The grant application was recently recommended for full funding, with MTC’s approval expected in June. Including the original funding of $500,000 in Casino Mitigation (Fund 184) budgeted for the RPX/Commerce improvements, the new total budget of the expanded project will be $1,022,000. ITEM NO. 6.E 3 The proposed CIP Budget Amendment is to increase the budget of Proj. No. 2020-28 to include the grant award amount of $522,000 in Federal funds, increase the transfer into the Capital Projects Fund by the same amount, and update the project name to “2022 Pedestrian and Bicycle Safety Improvements Project”. STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: Option 1: Approve the proposed CIP budget amendment. The use of these restricted funds as shown uses available fund balance effectively, responds to development impact fee requirements (i.e. timeliness of usage), and also responds to the General Plan requirement that new development pay its share of infrastructure. This option is recommended. Option 2: Do not approve the proposed amendments at this time, but provide staff with direction to return with different funding appropriations. It may be possible to appropriate funds from sources other than the ones specifically recommended, and return with a revised amendment at a later date, or to address the funding shortfall in the CIP budget in the next fiscal year. FISCAL IMPACT/FUNDING SOURCE: The total fiscal impact of the proposed budget amendment is a net decrease of $4,478,000 in transfers to the Capital Projects Fund (Fund 310), and a net increase of $125,800 in transfers to the Water Capital Projects Fund (Fund 541). There is no impact to the General Fund as all of these appropriations and transfers occur in special revenue, enterprise, reserve, or capital project funds. Department Head Approval Date: 04/30/2021 Finance Director Approval Date: 04/29/2021 City Attorney Approval Date: NA City Manager Approval Date: 04/30/2021 Attachments: 1. Resolution Amending the Fiscal Year 2020-21 Capital Improvement Program (CIP) Budget and Related Actions 2. Resolution Exhibit A - FY 2020-21 CIP Budget Amendments (Project Budgets and Funding Appropriations and Transfers) RESOLUTION NO. 202-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE FISCAL YEAR 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET AND RELATED ACTIONS WHEREAS, on June 23, 2020, the City Council of the City of Rohnert Park adopted the Five-Year Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 through 2022-23 and approved projects for Fiscal Year 2020-21; and WHEREAS, the CIP budget for FY 2020-21 requires amendments and authorization to adjust appropriations and funding transfers due to new projects and changes in revenues to fund projects; and WHEREAS, the City Council has the authority to amend the budget and increase appropriations and transfers. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby resolve, determine, find and order as follows: Section 1: CIP Budget Adjustment. The City Council of the City of Rohnert Park does hereby authorize and adopt the Budget Amendments to the Five-Year Capital Improvement Program for Fiscal Year 2020-21 as shown in Exhibit A - FY 2020-21 CIP Budget Amendments (Project Budgets and Funding Appropriations) (“Exhibit A”), which is attached hereto and incorporated by this reference. Section 2. Finance Director Authorization. The Finance Director is authorized to appropriate funds for Fiscal Year 2020-21 for the projects shown in Exhibit A. CITY OF ROHNERT PARK ____________________________________ Gerard Guidice, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Ex h i b i t A t o R e s o l u t i o n : FY 2 0 2 0 - 2 1 C I P B u d g e t A m e n d m e n t s ( P r o j e c t B u d g e t s , F u n d i n g A p p r op r i a t i o n s a n d T r a n s f e r s ) TA B L E 1 : A M E N D M E N T S T O A P P R O P R I A T I O N S f r o m F U N D S 1 2 5 , 1 3 2 , 1 3 5 an d 1 6 5 a n d T R A N S F E R S T O F U N D 3 1 0 To t a l P r o j e c t Fu n d i n g P r i o r t o FY 2 0 2 0 - 2 1 Ad o p t e d FY 2 0 2 0 - 2 1 CI P B u d g e t Fu n d i n g Pr o p o s e d FY 2 0 2 0 - 2 1 C I P Bu d g e t Am e n d m e n t Fr o m R e f u s e Ro a d I m p a c t F u n d (F u n d 1 2 5 ) Fr o m R o a d Ma i n t e n a n c e Re h a b A c t F u n d (F u n d 1 3 2 ) Fr o m M e a s u r e M Tr a n s p o r t a t i o n (F u n d 1 3 5 ) Fr o m P u b l i c Fa c i l i t i e s F i n a n c e Fe e F u n d (F u n d 1 6 5 ) Fr o m F e d e r a l G r a n t Re i m b u r s e m e n t (3 1 0 - 0 0 0 0 - 0 0 0 - 35 4 1 ) Total Proposed Change in Fund Transfers for each ProjectTotal Funding of Subject Projects, for all years including proposed amendment Pr o j e c t N a m e AB C D E F G D+E+F+G ( A + B + D + E + F + G ) 1 Co p e l a n d C r e e k D e t e n t i o n B a s i n Pr o j e c t N o . 2 0 0 6 - 0 4 2 20 2 1 - 2 2 V a r i o u s S t r e e t s Pr e s e r v a t i o n ( L S e c t i o n P a v i n g ) Pr o j e c t N o . 2 0 2 0 - 2 1 3 20 2 2 P e d e s t r i a n S a f e t y Im p r o v e m e n t s Pr o j e c t N o . 2 0 2 0 - 2 8 TO T A L $6 , 7 8 6 , 6 4 0 $ 1 , 1 0 5 , 0 0 0 $5 2 2 , 0 0 0 ($ 2 8 0 , 3 2 6 ) $ 2 1 2 , 2 9 5 $ 6 8 , 0 3 1 ( $ 5 , 0 0 0 , 0 0 0 ) $ 5 2 2 , 0 0 0 ( $ 4 , 4 7 8 , 0 0 0 ) $ 3 , 4 1 3 ,640 TA B L E 2 : A M E N D M E N T T O A P P R O P R I A T I O N S f r o m F U N D 5 1 9 a n d T R A N S F E R S T O F U N D 5 4 1 To t a l P r o j e c t Fu n d i n g P r i o r t o FY 2 0 2 0 - 2 1 Ad o p t e d FY 2 0 2 0 - 2 1 CI P B u d g e t Fu n d i n g Pr o p o s e d FY 2 0 2 0 - 2 1 C I P Bu d g e t Am e n d m e n t Fr o m Wa t e r C a p a c i t y Ch a r g e (F u n d 5 1 9 ) To t a l P r o p o s e d Ch a n g e i n F u n d Tr a n s f e r s f o r e a c h Pr o j e c t To t a l P r o j e c t F u n d i n g of S u b j e c t P r o j e c t s , fo r a l l y e a r s in c l u d i n g p r o p o s e d am e n d m e n t Pr o j e c t N a m e AB C D D+ E + F 1 Ke i s e r A v e n u e P i p e l i n e Pr o j e c t N o . 2 0 1 7 - 1 8 2 So u t h e a s t R P T r a n s m i s s i o n L i n e Pr o j e c t N o . 2 0 1 8 - 0 6 3 Wa t e r T a n k # 9 Pr o j e c t N o . 2 0 2 1 - 0 2 TO T A L $2 , 4 6 7 , 9 8 8 $ 0 $2 5 0 , 0 0 0 $1 2 5 , 8 0 0 $1 2 5 , 8 0 0 $2 , 5 9 3 , 7 8 8 $0 $5 2 2 , 0 0 0 $0 $0 $ 0 $ 0 $ 5 2 2 , 0 0 0 $ 1 , 0 2 2 , 0 0 0 $0 $ 5 0 0 , 0 0 0 $ 5 2 2 , 0 0 0 $ 0 $1,786,640 T R A N S F E R S O U T t o WA T E R C A P I T A L P R O J E C T S F U N D (F U N D 5 4 1 ) CH A N G E S I N FY 2 0 2 0 - 2 1 C I P BU D G E T $2 5 0 , 0 0 0 $0 $ 0 $ 2 5 0 , 0 0 0 $ 2 5 0 , 0 0 0 CU R R E N T P R O J E C T B U D G E T $2 5 0 , 0 0 0 $605,000 $6 8 , 0 3 1 $ 0 $0 ($ 2 8 0 , 3 2 6 ) $ 2 1 2 , 2 9 5 $0 $ 6 0 5 , 0 0 0 $ 0 ($ 5 , 0 0 0 , 0 0 0 ) T R A N S F E R S O U T t o C A P I T A L P R O J E C T S F U N D ( F U N D 3 1 0 ) $6 , 7 8 6 , 6 4 0 $ 0 $ 0 $ 0 $ 0 $ 0 ( $ 5 , 0 0 0 , 0 0 0 ) CU R R E N T P R O J E C T B U D G E T CH A N G E S I N FY 2 0 2 0 - 2 1 C I P BU D G E T $1 , 3 6 3 , 3 2 0 $1 , 1 0 4 , 6 6 8 $0 $0 ($ 1 0 1 , 0 0 0 ) ($ 2 3 , 2 0 0 ) $1 , 2 6 2 , 3 2 0 $1 , 0 8 1 , 4 6 8 $0 ( $ 2 3 , 2 0 0 ) $0 ( $ 1 0 1 , 0 0 0 ) 1 ITEM NO. 6.F. 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 STAFF REPORT Meeting Date: May 11, 2021 Department: Public Safety Submitted By: Tim Mattos, Director of Public Safety Prepared By: Nicole Litzie, Support Services Manager Agenda Title: Adoption of Resolution Authorizing and Approving the Position Title, Salary Range, and Associated Job Description for Animal Shelter Coordinator RECOMMENDED ACTION: Adopt a resolution authorizing and approving the position title, salary range, and associated job description for Animal Shelter Coordinator. BACKGROUND: The Rohnert Park Animal Shelter has operated with only two full-time employees since 2004. From 2004 to 2014, the population of Rohnert Park grew only 2.9%, but in the following five years, the population grew another 3.7%.1 With the current building of hundreds of new housing units, the city is projected to grow another 3.3% within the next three years.2 This growth will result in hundreds of new animals and an increased demand for shelter services. The FY 2021-22 budget proposes converting a part-time position to a full-time Animal Shelter Coordinator position. This change will enable recruitment of a highly skilled and dedicated individual who will be able to meet the growing needs of the community. This position will improve employee retention, establish a succession plan, increase animal behavioral assessment and modification practices to enhance adoptability, and enable the continued development of the effective outreach and animal welfare programs that Rohnert Park residents expect. ANALYSIS: Staff created a job description for the Animal Shelter Coordinator position. Human Resources advised the Rohnert Park Employees’ Association (RPEA) of the proposed Animal Shelter Coordinator position by providing the draft job description for review. RPEA had no objection to the job description. Staff recommends placement of the Animal Shelter Coordinator position in RPEA salary range 32RP ($4,558.09 - $5,540.37 monthly), which contains other journey level coordinator classifications that are responsible for program coordination, administrative tasks, supervision of part-time staff and volunteers, and day-to-day operational responsibilities, with comparable education and experience requirements. 1 https://en.wikipedia.org/wiki/Rohnert_Park,_California 2 https://www.ci.rohnert-park.ca.us/UserFiles/Servers/Server_3037789/File/Business/Retail/brochure_retail_website.pdf 2 STRATEGIC PLAN ALIGNMENT: This action aligns with the City’s strategic plan in the following areas: • Goal A-2, Implement Organizational Development Practices. This position will significantly improve workforce development and retention. • Goal C-1, Deliver High Quality, Cost Effective Services with Excellent Customer Service. This position will increase effective delivery of shelter services while saving resources lost in repeatedly recruiting and training for part-time positions. • Goal D-4, Provide Community Services Programs that Support the Community. This employee will have the skills and time to implement best practice shelter programs in animal behavioral enrichment and training, public outreach and education, and adoption procedures. OPTIONS CONSIDERED: None: The proposed action implements the staffing plan approved with the City’s FY 2021-22 budget. FISCAL IMPACT/FUNDING SOURCE: The fiscal impacts of adding this position has been included in the Department’s operational budgets for FY 2021-22. There are no additional fiscal impacts associated with this action. Department Head Approval Date: April 28, 2021 Finance Director Approval Date: April 28, 2021 City Attorney Approval Date: N/A City Manager Approval Date: April 29, 2021 Attachments: 1. Resolution Authorizing and Approving the Position Title, Salary Range, and Associated Job Description for Animal Shelter Coordinator. 2. Job description. RESOLUTION NO. 2021-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE POSITION TITLE, SALARY RANGE, AND ASSOCIATED JOB DESCRIPTION FOR ANIMAL SHELTER COORDINATOR WHEREAS, the City’s proposed budget for Fiscal Year 2021-22 includes the addition of the new position in Animal Services; and WHEREAS, the Animal Shelter needs additional technical skills and hours to address: 1) the projected growth of the City of Rohnert Park, 2) the difficulty in recruiting and retaining highly qualified employees for part-time positions, and 3) the increased expectation from the community that the Animal Shelter provide modern and advanced animal welfare and adoption programs; and WHEREAS, staff developed a new job description for the Animal Shelter position that reflects the expected duties and performance of this position; and WHEREAS, staff consulted with the Rohnert Park Employees’ Association (RPEA) regarding the Animal Shelter Coordinator as this position will be placed in the RPEA unit and RPEA had no objection to the job description; and WHEREAS, staff recommends placing the Animal Shelter Coordinator position in RPEA salary range 32RP ($4,558.09 - $5,540.37 monthly). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the position title, salary range, and associated job description for the Animal Shelter Coordinator which is attached hereto as Exhibit A and incorporated by this reference. DULY AND REGULARLY ADOPTED this 11th day of May, 2021. CITY OF ROHNERT PARK ____________________________________ Gerard Giudice, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A ADAMS: ________ ELWARD: ________ GIUDICE: ________ LINARES: ________ STAFFORD: ________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A ANIMAL SHELTER COORDINATOR Salary Range 32RP - $54,697.12 - $66,484.44 DEFINITION Under direction, plans, organizes, coordinates, and provides direction and oversight for the operations of the Animal Shelter; provides customer service and direct animal care; assists in the veterinary clinic; creates behavior assessment, enrichment, and modification programs for shelter animals; implements strategies to increase compliance with animal licensing requirements; supervises staff and volunteers and oversees services for the Animal Shelter; maintains positive working relationships with a variety of stakeholders, including vendors and other shelter and rescue organizations; performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives direction from the Animal Shelter Supervisor. Exercises technical and functional direction over and provides training to assigned staff and volunteers. CLASS CHARACTERISTICS This is a journey level class that has supervisory, program coordination, administrative, and day-to-day operational responsibilities. Incumbents are responsible for overseeing, coordinating, and participating in animal shelter operations to ensure that the Animal Shelter services and activities are safe and effective and provide the highest level of customer satisfaction for public use. Responsibilities include planning, scheduling, and directing part-time staff and volunteers in the provision of services and performing a variety of tasks in the operations and activities of the Animal Shelter. This class is distinguished from the Animal Shelter Supervisor in that the latter has full managerial and operational responsibility for all aspects of the operations of the Animal Shelter. 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.  Oversees, coordinates, and participates in the day-to-day operations of the Animal Shelter.  Plans, schedules, prioritizes, and assigns work; communicates status of activities and services to appropriate personnel, working cooperatively to schedule activities and services in accordance with established and special operational priorities.  Provides direction and guidance to assigned part-time staff; orients, instructs, and trains employees in work methods and procedures, use of computer systems and software, and relevant safety precautions; monitors, reviews, controls, and evaluates quality of work.  Recommends, develops and implements policies, protocols, and procedures related to animal behavioral enrichment, temperament testing and rehabilitation to improve adoptability and shorten length of stay.  Participates in behavior counseling meetings with the public, volunteers, and foster homes on problem behaviors to reduce animal surrenders, and provide placement recommendations.  Oversees front counter operations and tracks status and progress of shelter animals, including intake, temperament testing, and behavior modification/training plans. Animal Shelter Coordinator Page 2 of 4  Monitors and evaluates the effectiveness of the Animal Shelter operations and activities, and recommends improvements or modifications.  Oversees, coordinates, and participates in providing responsible customer service in operating the Animal Shelter.  Responds to complaints and requests for information; interprets and applies regulations, policies, procedures, systems, rules, and precedents in response to inquiries, concerns, and complaints from the public as necessary to ensure an expedient and satisfactory resolution.  Assists in the recruitment and selection of staff and provides recommendations.  Purchases shelter supplies and equipment; maintains and monitors inventory; maintains records of purchases; and monitors supplies expenditures.  Participates in administrative activities and other departmental support, including serving as a representative for inter-departmental efforts.  Attends and participates in meetings; stays abreast of new trends and innovations in animal shelter operations and services.  Learns and applies emerging technologies to perform duties in an efficient, organized, and timely manner.  Updates and maintains social media postings as necessary.  Cultivates and maintains positive working relationships with staff, volunteers, the public, vendors, other shelter and rescue organizations, governmental organizations, professional associations, and other City departments  Keeps staff informed and educated on safety practices and policies, and models safe work practices; takes immediate action to address any safety concerns that could put a staff member, volunteer, client, animal, or the organization at risk.  Participates in development of strategic planning goals and action plans, and policy/procedure development and implementation.  Implements strategies to increase compliance with animal licensing municipal codes.  Assists the Animal Health Technician and veterinarian in the clinic as needed.  Oversees and assists staff in the care and feeding of animals and the cleaning and maintenance of shelter facilities.  Assists Public Safety and other agencies' officers with enforcing the animal control codes and ordinances; may act as a disaster service worker in the event of a disaster or emergency including setting up the emergency animal shelter and coordinating animal rescues.  Performs other 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. • Demonstrate care for the organization, customers, and coworkers. • Perform work of the highest quality possible. • Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Basic principles and practices of providing technical and functional direction and training to assigned staff.  Principles, practices, methods, techniques, procedures, and service delivery needs related to animal shelter operations, animal care, service programs and administration  State and local laws and ordinances relating to the proper treatment and sheltering of animals Animal Shelter Coordinator Page 3 of 4  Basic principles and practices of program administration, including accounting and purchasing.  Principles and practices of public relations techniques.  Principles and procedures of recordkeeping, report preparation, and cash collection and handling.  Business arithmetic and basic statistical techniques.  Modern office practices, methods, and computer equipment and applications, including word processing, database, and spreadsheet applications.  Record keeping principles and procedures.  Principles, practices, and techniques of effectively dealing with the public and basic public relations.  English usage, spelling, vocabulary, grammar, and punctuation.  Techniques for properly handling and caring for animals.  Physical and behavioral characteristics of domestic animals, breed identification, and training techniques  Animal handling, training, and behavior modification skills utilizing best practices in positive reinforcement and minimally aversive techniques  Animal medical issues and their impact on behavior  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, and City staff.  Computers and software programs to conduct, compile, and/or generate documentation. Ability to:  Plan, schedule, assign, and oversee activities of part-time personnel.  Inspect the work of others and maintain established quality control standards.  Train others in proper and safe work procedures.  Identify and implement effective course of action to complete assigned work.  Plan and prepare schedules, reports, and other related program materials.  Understand the organization and operation of an animal shelter necessary to assume assigned responsibilities.  Interpret, apply, and explain applicable State and local laws and ordinances relating to the proper treatment and sheltering of animals.  Maintain facilities and equipment in a clean, safe, and secure manner.  Respond to and effectively prioritize multiple phone calls and other requests for service.  Compose reports independently or from brief instructions; maintain records and databases.  Make accurate business arithmetic and statistical computations; accurately process cash transactions.  Maintain accurate logs, records, and basic written records of work performed.  Follow department policies and procedures related to assigned duties.  Understand and follow oral and written instructions.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.  Operate modern office equipment including computer equipment and specialized software applications programs.  Use English effectively to communicate in person, over the telephone, and in writing.  Understand scope of authority in making independent decisions.  Review situations accurately and determine appropriate course of action using judgment according to established policies and procedures.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.  Handle and care for a variety of animals, including sick, injured and/or fractious dogs, feral cats, and occasionally, exotic animals in a safe and effective manner. Animal Shelter Coordinator Page 4 of 4 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 (12th) grade supplemented by college-level coursework, certification or advanced training in animal behavior, dog training, or a related field and two (2) years of animal-related or dog training/behavior experience. One year of supervisory experience is highly desirable. Licenses and Certifications:  Possession of a valid California Driver’s License by time of appointment and a satisfactory driving record.  Possession of, or ability to obtain, a Euthanasia Certificate within twelve (12) months of employment. PHYSICAL DEMANDS Must possess mobility to work in an animal health care setting and use standard office equipment, including a computer; to operate a motor vehicle; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This classification primarily works at the City’s animal shelter with frequent standing in and walking and/or driving between work areas. Wrist flexion and lateral rotation are necessary in combination with grasping to handle equipment and surgical devices. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 50 pounds, or heavier weights with the use of proper equipment and assistance from other staff. ENVIRONMENTAL ELEMENTS Employees work primarily in the animal shelter with exposure to potentially infectious diseases and hazardous physical substances. May involve exposure to dangerous and/or diseased animals. Employees also work in the outdoor dog fields and will be exposed to sun, wind, rain, and other inclement weather. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. This position will be around animals known to cause allergies. WORKING CONDITIONS The animal shelter is a 24/7 operation. Employees must be willing to work irregular shifts, including weekends and holidays. The facility performs euthanasia for unadoptable animals when necessary. The animal shelter also accepts exotic animals. FLSA Status: Non-exempt Employee Unit: Rohnert Park Employees’ Association (RPEA) Approved By: City Manager Date Approved: April 29, 2021 ITEM NO. 6.G. Meeting Date: May 11, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Jenna Garcia, Housing Administrator Agenda Title: Adopt a Resolution Approving the Position Title, Salary Range and Associated Job Description for a Homeless Services Coordinator in the Development Services Department RECOMMENDED ACTION: Adopt a Resolution approving the position title, salary range and associated job description for a Homeless Services Coordinator in the Development Services Department. BACKGROUND: In January 2021, the City Council added homeless services as a priority issue. On April 6, 2021, the City Council held a special meeting to provide direction on options for increased support of homeless services. At this meeting, Council directed staff to take steps necessary to add a homeless services staff person to the Development Services Department to administer expanded homeless services programs. ANALYSIS: Staff has evaluated the workload and current structure of the Department, as well as the needs to administer the City’s homeless service programs and is recommending the addition of a full-time Homeless Services Coordinator position. This position would report to the Housing Administrator, who will spend approximately 70% of her time on the City’s housing program and 30% to lead the City’s efforts to address homelessness. The Homeless Services Coordinator would take on much of the homeless program administration currently managed by the Housing Administrator, as well as overseeing additional homeless service options as directed by Council. Staff see this position as necessary to administer existing – and expanding – homeless services while also maintaining a high-performing affordable housing program. Staff has developed a job description for this new position (Resolution Exhibit A) that focuses on administration of the City’s current homeless service programs, including facilitating the City’s Homeless Taskforce, developing and implementing homeless service programs, participating in regional efforts, and facilitating the Homelessness Roundtable, in addition to exploring and implementing new program options as directed by Council. The position will be in the Rohnert Park Employees Association (RPEA) unit. Human Resources advised RPEA of the proposed Housing Services Coordinator position by providing the draft job description for review. RPEA had no objection to the job description. 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. Based on a review of similar positions at comparator agencies as indicated below, and in order to maintain internal equity while attracting qualified candidates, staff recommends placing the Homeless Services Coordinator position in the existing salary range 43RP with a monthly salary range of $5,981 to $7,269. Agency Position Min Monthly Max Monthly Petaluma Neighborhood Preservation Coordinator $6,200 $7,537 Santa Rosa Program Specialist I $6,201 $7,542 Sonoma County Sr Community Development Specialist $5,576 $6,778 Rohnert Park Homeless Services Coordinator (proposed range 43RP) $5,981 $7,269 At Step 5, the salary and benefits are estimated to be $135,983 (the actual salary and benefit costs will vary with the benefit package selected by the employee). The position will require an operational budget which has not yet been developed but will be proposed in the Fiscal Year 2021-22 budget. Approval of the new position title, salary range and associated job description will allow Development Services to begin recruiting for this new position. While staff do not anticipate a staff person starting prior to July 1, 2021, staff are requesting approval of the funds in order to start recruiting efforts immediately. STRATEGIC PLAN ALIGNMENT: The addition of this position 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 homeless services. FISCAL IMPACT/FUNDING SOURCE: This position will be funded by the Community Investment contribution from the City’s MOU with the Tribe for casino mitigation. The City receives non-guaranteed contributions for Neighborhood Upgrade and Workforce Housing projects. The City expects to receive $0.9 million this fiscal year and $1.2 million next fiscal year from MOU Community Investment contributions and has sufficient net revenue to employ this position. Department Head Approval Date: 04/21/2021 Human Resources Director Approval Date: 04/21/2021 Finance Director Approval Date 04/23/2021 City Attorney Approval Date: N/A City Manager Approval Date: 05/05/2021 Attachments: ITEM NO. 6.G. 1. Resolution Approving the Position Title, Salary Range and Associated Job Description for a Homeless Services Coordinator in the Development Services Department 2. Exhibit A – Job Description for Homeless Services Coordinator RESOLUTION NO. 2021-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE POSITION TITLE, SALARY RANGE AND ASSOCIATED JOB DESCRIPTION FOR A HOMELESS SERVICES COORDINATOR IN THE DEVELOPMENT SERVICES DEPARTMENT WHEREAS, the City Council has identified increased homeless services as a top priority for the City; and WHEREAS, the City’s homeless services programs are currently being administered by the Housing Administrator who is primarily responsible for administrating the City’s affordable housing program; and WHEREAS, the current and expanded homeless service program exceeds staff’s ability to provide services; and WHEREAS, adding a Homeless Services Coordinator would allow staff to effectively administer and expand the City’s homeless service programs while maintaining a high- performing affordable housing program; and WHEREAS, staff has developed a job description for this new position that focuses on administration of the City’s homeless service programs; and WHEREAS, the position will be in the Rohnert Park Employees Association (RPEA) and Human Resources advised RPEA of the proposed Housing Services Coordinator position by providing the draft job description for review and RPEA had no objection to the job description; and WHEREAS, in order to maintain internal equity while attracting qualified candidates, staff recommends placing the Homeless Services Coordinator in the existing salary range 43RP with a monthly salary range of $5,981 to $7,269, which is comparable to other similar positions in the County; and WHEREAS, the Council is considering allocating the cost of this position in its April budget workshop sessions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the salary range, title, and job description as shown in Exhibit A for a Homeless Services Coordinator position within the Development Services Department. DULY AND REGULARLY ADOPTED this 11th day of May, 2021. CITY OF ROHNERT PARK ____________________________________ Gerard Giudice, Mayor Resolution 2021-049 2 ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A HOMELESS SERVICES COORDINATOR Salary Range 43RP - $71,767.31 - $87,233.79 DEFINITION Under general supervision, develops, designs, implements and evaluates activities relating to the City’s homeless services programs; assists department management staff in representing the City to a variety of private, public, and community organizations and regulatory agencies; provides responsible technical and administrative assistance to department management staff; and performs related duties, as assigned. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from assigned supervisory or management staff. Exercises direct or general supervision over professional, technical, and/or administrative staff. CLASS CHARACTERISTICS This is a journey level specialized class that is responsible for the administration of various homeless services programs and projects, including meeting facilitation, contract administration, analysis, and program or project development and evaluation. Successful performance of the work requires independent judgment and a strong knowledge of federal, state and local homelessness policies, programs and funding sources. The work has technical and programmatic aspects, requiring the interpretation and application of policies, procedures, and regulations and may involve frequent contact with staff, legal counsel and the public, as well as performing various research functions. 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.  Develops and implements the City’s strategy to address homelessness, which includes overseeing programs in conjunction with community-based organizations.  Represents the City at regional meetings and forums related to homelessness policies, programs and compliance.  Plans and facilitates interdepartmental and community meetings to address homelessness.  Coordinates and completes various tasks such as preparing staff reports, correspondence, notices, resolutions, ordinances and similar written materials.  Works with community-based organizations, public officials and consultants, and others to develop and implement programs to address homelessness.  Negotiates, prepares, and administers agreements and contracts associated with homeless service programs and monitors for compliance.  Analyzes, interprets and implements ordinances, laws, rules, regulations, legislation and case law related to homelessness.  Compiles information, writes and presents technical and other reports and advises staff and decision- makers.  Coordinates and reviews the work of consultants and clerical staff engaged in project activities.  Serves as a liaison to various local organizations representing the City on homelessness. Homeless Services Coordinator Page 2 of 3  Collaborates with other City officials and staff; participates in coordinating homeless service program activities with other City functions including public safety, public works, code compliance and finance.  Attends and/or participates in public meetings, committees, and workshops including interdepartmental working groups.  Creates and maintains minutes, agendas and supporting materials for public meetings, committees, or working groups and develops public information and responses to public issues.  Evaluates work processes and makes recommendations for streamlining program operations.  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. • Demonstrate care for the organization, customers, and coworkers. • Perform work of the highest quality possible. • Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Basic principles, practices, and funding sources for planning and implementing homeless service programs and projects.  Basic principles and practices of project management.  Principles and techniques of conducting analytical studies, evaluating alternatives, and making sound recommendations.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.  Public relations techniques.  Techniques of contract administration.  Record-keeping principles and procedures.  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. Ability to:  Monitor project and programmatic administrative, budgeting, and fiscal activities.  Learn and understand the organization and operation of the assigned department and of outside agencies as necessary to assume assigned responsibilities.  Prepare clear and effective reports, correspondence, and other written material.  Make accurate arithmetic, financial, and statistical computations.  Effectively conduct meetings and make presentations to various groups.  Analyze situations and identify pertinent problems/issues; collect relevant information; evaluate realistic options; and recommend/implement appropriate course of action.  Maintain accurate logs, records, and basic written records of work performed.  Understand and follow oral and written instructions.  Organize own work, set priorities, and meet critical time deadlines. Homeless Services Coordinator Page 3 of 3  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.  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.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  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. 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 from an accredited college or university in sociology, public policy, business administration, or a related field, and three (3) years of professional work experience in homeless and/or social services programs, or a related field. Licenses and Certifications:  Possession of, or ability to obtain, a valid California Driver’s License by time of appointment and a satisfactory driving record. PHYSICAL DEMANDS 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 City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter 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 up to 10 pounds. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives 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.H. 1 Meeting Date: May 11, 2021 Department: Finance Submitted By: Nishil Bali, Finance Director Prepared By: Nishil Bali, Finance Director Agenda Title: Adopt a Resolution Approving the Position Title, Salary Range and Associated Job Description for a Senior Financial Analyst RECOMMENDED ACTION: Adopt a resolution approving the position title, salary range and associated job description for a Senior Financial Analyst. BACKGROUND: The City of Rohnert Park’s Finance Department provides comprehensive financial services to the taxpayers, businesses, residents, investment community, City departments, and elected officials. The Finance Department employs a staff of thirteen including Accountants, Accounting Technicians, Accounting Assistants, and Accounting Supervisors that focus on accounting, financial reporting, budgeting, utility billing, revenue collection, debt management, and other ancillary services. The Finance Department proposes to elevate a vacant Accountant position to a Senior Financial Analyst position recognizing a shift from accounting to a more generalist analytical and project- based role. This reclassification will provide greater flexibility and allow for workforce planning for the current and future needs of the Department. Council was presented this reclassification at the April 12, 2021 Budget study sessions. ANALYSIS: Staff has evaluated the workload and current structure of the Department, as well as the higher level needs of the City, and is recommending that a vacant Accountant position be reclassified to a Senior Financial Analyst position. It has been determined that the level of work within the department has shifted from an accounting and administrative focus to a more analytical and project-based role with related responsibilities. The functions in the department have broadened to include higher workload demands and a wider range of responsibilities that include analytical, financial and management support such as leading accounting and budgeting for operating and capital projects, grants, and reimbursements, as well as supporting extensive state reporting requirements, other City divisions and advancing department goals. Having a generalist Senior Financial Analyst role at this time will also assist the Department in workforce planning needs given future staff transitions and substantial institutional knowledge. Staff has developed a job description for this new position (Resolution Exhibit A) which will be expected to perform variety of work requested in the Finance Department, such as leading 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.H. 2 complex quantitative analysis in the areas of accounting, budget, contracts, grants, financial, economic, legislative and administrative areas; analyzing practices and procedures and making recommendations for organizational, operational, policy, and procedural improvements; conducting needs analyses, feasibility studies, and program evaluation; developing and reviewing council reports; and coordinating activities with other City departments, officials and outside agencies. In executing the functions of these duties, the candidate will be required to exercise a high degree of discretion, organization, follow-up, and oversight on financial matters, and regulatory compliance. Staff recommends placing the Senior Financial Analyst in the existing Senior Analyst salary range 56CF with an annual salary of $98,932.53 to $120,252.50. At Step 5, the salary and benefits are estimated to be $170,000 (the actual salary and benefit costs will vary with the benefit package selected by the employee). STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with the City’s value of Fiscal Responsibility and Goal C – Ensure the Effective Delivery of Public Services. OPTIONS CONSIDERED: None. The proposed action is consistent with prior City Council direction as part of the annual budget process. FISCAL IMPACT/FUNDING SOURCE: The position will be funded from the General Fund and will have a minimal net cost impact of approximately $34,000 to the Department’s personnel budget. This cost of a Senior Financial Analyst is currently budgeted in the proposed Fiscal Year 21-22 Budget. Department Head Approval Date: N/A Finance Director Approval Date: N/A Human Resources Director: April 27, 2021 City Attorney Approval Date: April 30, 2021 City Manager Approval Date: May 05, 2021 Attachments: 1. Resolution of the City Council of the City of Rohnert Park Approving the Position Title, Salary Range and Associated Job Description for a Senior Financial Analyst 2. Resolution Exhibit A – Senior Financial Analyst Job Description RESOLUTION NO. 2021-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE POSITION TITLE, SALARY RANGE AND ASSOCIATED JOB DESCRIPTION FOR A SENIOR FINANCIAL ANALYST WHEREAS, the City provides a full range of financial services to the taxpayers, businesses, residents, investment community, City departments, and elected officials; and WHEREAS, it has been determined that the level of work needed for the accounting role within the department has shifted to a more analytical and project-based role with related responsibilities; and WHEREAS, adding a Senior Financial Analyst would allow staff to meet workload demands, and would increase the resiliency of the City’s staffing plan; and WHEREAS, in order to maintain internal equity while attracting qualified candidates, staff recommends placing the Senior Financial Analyst in the existing Confidential salary range Range 56CF with an annual salary of $98,932.53 to $120,252.50 , which is the same rate and range as the current Senior Analyst; and WHEREAS, the cost of the position is already included in the Fiscal Year 21-22 operational budget for Finance Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the salary range, job title, and job description as shown in Exhibit A for a Senior Financial Analyst within the Finance Department. DULY AND REGULARLY ADOPTED this 11th day May, 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 SENIOR FINANCIAL ANALYST (Salary Range 56CF - $98,932.53 - $120,252.50) DEFINITION Under general direction, plans, organizes, leads and may supervise staff engaged in complex, sensitive, and detailed analytical work including quantitative analysis in the areas of accounting, budget, contracts, financial/fiscal, economic, legislative and administrative policies and reporting ; analyzes practices and procedures and makes recommendations for organizational, operational, policy, and procedural improvements; conducts needs analyses, feasibility studies, and program evaluation; develops and reviews council reports; coordinates assigned activities with other City departments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments and with intergovernmental and regulatory agencies and various public and private groups; performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives general direction from the Finance Director. The work provides for a wide variety of independent decision-making, within financial, fiscal, budgetary, legal, general policy and regulatory guidelines. May exercise direct supervision over staff. CLASS CHARACTERISTICS This is a specialized single-position, advanced journey level classification that plans, develops, and implements policies and procedures for assigned City-wide programs, including developing, reviewing, and presenting reports for Council, program and project budget preparation, government financial reporting, contract administration, management analysis, and program evaluation. Successful performance of the work requires knowledge of government accounting and budget development, public policy, City functions and activities, including the role of an elected City Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas, develop clear, well-written reports for different audiences and the ability to present them. Responsibilities include coordinating the activities of the department with those of other departments and agencies. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines. This class is distinguished from Management Analyst II in that the former performs the most complex analyst support to City-wide programs and projects, while the latter provides department specific analyst support. 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.  Participates in and oversees the development and administration of operational and capital project budgets; financial audits, comprehensive annual financial reports; develops and reviews council reports; assists in developing and administering City’s budget; monitors revenues and expenditures including analyzing current and historical trends, determining variances and improving cost effectiveness; identifies and recommends resolutions for accounting and budgetary problems. Senior Financial Analyst Page 2 of 4  Assists in developing goals, objectives, policies, procedures, work standards, and administrative control systems.  Conducts a variety of analytical and operational studies and surveys regarding departmental and City- wide programmatic activities, including complex financial, budget, technical accounting, personnel, operational, or administrative issues or questions; evaluates alternatives, makes recommendations, and assists with the implementation of procedural, administrative, and/or operational changes after approval; prepares comprehensive technical records and reports, identifies alternatives, and makes and justifies recommendations.  Coordinates the development and administration of the entire City's annual budget and Capital Improvement Program budget; provides for financial forecasting and planning including revenue projections, multi-year cash flow analysis, cost containment, and grant funds disbursement; directs all aspects of assigned programs, including legal and regulatory compliance.  Makes presentations to explain program or project status; answers questions or arranges for compilation of data to assist in decision-making process.  Ensures that accounting standards are met and performs responsible accounting, financial and/or budgetary document processing, document review, and program support work including participating in Special projects such as project management for implementation of new financial management system.  Serves as a liaison with employees, public, and private organizations, community groups, and other organizations; provides information and assistance to the public regarding the assigned programs and services; receives and responds to complaints and questions relating to assigned area of responsibility; reviews problems and recommends corrective actions.  Develops and implements new or revised programs, systems, procedures, and methods of operation; compiles and analyzes data, and makes recommendations regarding staffing, equipment, and facility needs.  Participates on a variety of interdisciplinary committees and commissions and represents the City to a variety of community and stakeholder groups; attends meetings regarding legislation that could affect the City.  Prepares and presents staff reports and other necessary correspondence.  Directs the work activities of assigned clerical and technical personnel; prioritizes and coordinates work assignments; reviews work for accuracy; recommends improvements in workflow, procedures, and use of equipment and forms.  Communicates orally, in writing, or through graphic representations and statistical summaries with colleagues, managers, employees, the public, organized employee groups, and representatives of various organizations.  Performs other 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. • Demonstrate care for the organization, customers, and coworkers. • Perform work of the highest quality possible. • Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Financial and administrative principles and practices, including government accounting, audit, financial reporting and analysis; organizational structure and the role of an elected council and the legal mandates of municipal government, operations, goal setting, program development, implementation, and evaluation, and supervision of staff. Senior Financial Analyst Page 3 of 4  Public agency budgetary, contract administration, and administrative practices related to the functions of the assigned area, including techniques and formulas for administrative, financial and comparative analysis.  Organizational and management practices as applied to the analysis and evaluation of operational and capital budgets, projects, programs, accounting policies, procedures, and operational needs; principles and practices of municipal government administration.  Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility.  Technical, legal, financial, and public relations issues associated with the management of City programs.  Methods and techniques for the development of presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.  Record keeping principles and procedures.  Modern office practices, methods, and computer equipment and applications related to the work.  English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations, and the public.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff. Ability to:  Conduct complex research projects, evaluate alternatives, project consequences, make sound recommendations, and prepare effective technical staff reports.  Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for assigned programs and budgets.  Work cooperatively with, provide staff support to, and implement the policies of the City Manager.  Prepare and administer program and project budgets in a transparent, ethical, and highly accountable manner; allocate resources in a cost-effective manner.  Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.  Prepare, review, and present council staff reports.  Assist in the selection of staff, provide supervision and training, and plan, organize, direct, and coordinate the work of supervisory, technical, and office support staff.  Research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Effectively administer special projects with contractual agreements and ensure compliance with stipulations; effectively administer a variety of programs and administrative activities.  Effectively represent the City in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations.  Identify and respond to community and organizational issues, concerns, and needs.  Exercise sound judgement and maintain confidentiality of critical and sensitive information.  Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Establish and maintain a variety of filing, record keeping, and tracking systems.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.  Operate office equipment and computer applications related to the work.  Use English effectively to communicate in person, over the telephone, and in writing.  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. Senior Financial Analyst Page 4 of 4 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 from an accredited college or university with major coursework in government accounting, finance, business or public administration, public policy, or a related field and four (4) years of progressively responsible government program finance and administration experience, which included accounting, recordkeeping, financial analysis, resource planning, policy analysis, research, budget development and administration, and communication technologies experience. PHYSICAL DEMANDS Must be able to work in a standard office setting and use basic office equipment, including a computer; to utilize transportation to visit various City and meeting sites; to be able to read and/or interpret printed materials and information on a computer screen; and be able to effectively communicate in person, before groups, and over the telephone. Positions in this classification may occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. FLSA Status: Exempt Employee Unit: Confidential Approved By: Date Approved: ITEM NO. 6.I. Meeting Date: May 11, 2021 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Adopt a Resolution to Approve Participation in the Employment Risk Management Authority (ERMA) Joint Powers Authority for Employment Practices Liability Coverage RECOMMENDED ACTIONS: Adopt a resolution to approve joining the Employment Risk Management Authority (ERMA) Joint Powers Authority for employment practices liability coverage. BACKGROUND AND 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). At the annual Board meeting in January of 2021, the Board approved joining the Employment Practices Risk Authority (ERMA), through CIRA, for Employment Practices Liability (EPL) coverage effective July 1, 2021. Therefore, the City of Rohnert Park will become a member of CIRA effective July 1, 2021, which will obtain Employment Practices Liability (EPL) coverage for its members from ERMA, a statewide risk sharing pool that provides EPL coverage and loss prevention services to California public entities. To be considered by the ERMA Board of Directors, the City is required to submit a Council Resolution authorizing participation in ERMA, complete an application, submit seven years of employment practices liability loss information, and the most recent financial audit. If approved by the ERMA Board, the City would join as an underlying member of 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: Staff recommends Council adopt the enclosed Resolution authorizing participation in the Employment Risk Management Authority (ERMA). 2. No other actions were considered as this action is needed in order to be considered for Employment Practices Liability by ERMA Board of Directors. 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. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact associated with the adoption of this resolution. Department Head Approval Date: 4/28/2021 City Manager Approval Date: 5/5/2021 Finance Director Approval Date: N/A City Attorney Approval Date: N/A Attachments: 1. Resolution 2021-051 RESOLUTION NO. 2021-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING PARTICIPATION IN THE EMPLOYMENT RISK MANAGEMENT AUTHORITY (ERMA) JOINT POWERS AUTHORITY FOR EMPLOYMENT PRACTICES LIABILITY COVERAGE WHEREAS, the City of Rohnert Park wishes to obtain Employment Practices Liability coverage for the period effective July 1, 2021, and WHEREAS, the Employment Risk Management Authority (“ERMA”) is a self- insured joint powers authority created for the sole purpose of Employment Practices Liability Coverage. ERMA is comprised of various public entities who risk share up to $1 million against potentially unlawful employment practices and discrimination claims; and WHEREAS, ERMA formed primarily due to the fact that government entities have not historically been able to secure Employment Practices Liability (EPL) coverage at a competitive cost through the commercial insurance marketplace; and WHEREAS, ERMA has met all of the high professional standards established by the California Association of Joint Powers Authorities (CAJPA) in the areas of governance, finance, claims control, safety and loss control and ERMA is fully accredited by CAJPA. CAJPA’s accreditation process requires reviews by independent consultants in the areas of accounting, claims adjusting, and actuarial analysis; and WHEREAS, ERMA provides services to both Joint Powers Insurance Authorities and individual public entities; and WHEREAS, the City of Rohnert Park has determined that it is in the best interest to become a member of ERMA for the purpose of obtaining Employment Practices Liability coverage; and WHEREAS, ERMA requires the City of Rohnert Park to pass a resolution expressing the desire and commitment of the City of Rohnert Park’s participation in ERMA, which requires a three year minimum participation period. The City of Rohnert Park also understands it will be bound by the provisions in the ERMA Joint Powers Agreement just as though it were fully set forth and incorporated herein whether our entity had signed it individually or through an underlying Joint Powers Insurance Authority. NOW, THEREFORE, BE IT RESOLVED by the C ity Council of the City of Rohnert Park THAT: 1. The City of Rohnert Park approves participation in ERMA effective July 1, 2021; and 2. The City Manager on behalf of the City of Rohnert Park is hereby authorized to take any and all actions necessary to implement the foregoing resolution. Resolution 2021-051 2 DULY AND REGULARLY ADOPTED this 11th day of May, 2021. CITY OF ROHNERT PARK ______________________________ Gerard Giudice, Mayor ATTEST: I hereby certify that the foregoing resolution is a full, true and correct copy of a resolution passed by the City of Rohnert Park on May 11, 2021. _____________________________ Sylvia Lopez Cuevas, City Clerk Attach’ ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 6.J. 1 Meeting Date: May 11, 2021 Department: Development Services Submitted By: Vanessa Garrett, Deputy City Engineer Prepared By: Eydie Tacata, Management Analyst Agenda Title: Adopt a Resolution Authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission, committing matching funds and stating assurance to complete the 2022 Pedestrian Safety Improvements Project RECOMMENDED ACTION: Adopt a Resolution authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission, committing matching funds and stating assurance to complete the 2022 Pedestrian and Bicycle Safety Improvements Project. BACKGROUND: In January 2021, the Metropolitan Transportation Commission released a call for project nominations for the Safe and Seamless Mobility Quick-Strike Program (“Quick Strike Program”). The Quick Strike Program is a one-time, competitive grant program within the One Bay Area Grant (OBAG) program framework, and it emphasizes bicycle/pedestrian safety and mobility, connections to transit, and projects that advance equitable mobility. In February 2021, the Sonoma County Transportation Authority (SCTA) issued a call for projects from Sonoma County to select a slate of project nominations for MTC submission to advance further in the competitive grant process. The City submitted the 2022 Pedestrian and Bicycle Safety Improvements Project (“Project”), which combines the existing Rohnert Park Expressway (RPX)/Commerce Boulevard Pedestrian Safety Project (Proj. No. 2020-28) with proposed safety improvements at 12 other locations in Rohnert Park. The existing project scope of work includes creating a pedestrian refuge at the intersection of RPX Expressway and Commerce Blvd on the west leg of the intersection. The project scope assists with traffic flow while also providing a safe crossing for pedestrians. The additional scope of work included in the grant application include safety enhancements at certain intersections where the City’s multi-use, off-street path system meets streets, as well as uncontrolled intersections identified by the community over the years for pedestrian and bicycle safety concerns. The proposed enhancements are consistent with the City’s General Plan circulation element as major crossings to be considered for bicycle and pedestrian safety enhancement. The proposed scope includes installing city standard rapid rectangular flashing beacons, pathway signage, crosswalk upgrades, and pathway striping at each intersection shown in Attachment 1. The $522,000 grant request for the Project augments the existing construction funding for the RPX/Commerce Pedestrian Safety 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.J. 2 Project, and conversely, the already-budgeted funding for the RPX/Commerce project counts as the required local match for the Federal funds provided by the Quick Strike Program. In March, the SCTA Board approved a set of Quick Strike Program project nominations, which included Rohnert Park’s project, and forwarded them to MTC. At its April 23rd meeting, MTC’s Bay Area Partnership Board recommended funding most of the SCTA’s projects, including fully funding Rohnert Park’s request. While the final project award decisions for the Quick Strike Program are to be made by MTC Board in June, project sponsors are asked to start working immediately with MTC to program their projects into the Transportation Improvement Plan (TIP). Local project sponsors are required to submit to MTC, a resolution adopted by their governing bodies which authorizes the submission of the funding application and assures the project sponsor’s compliance with federal funding requirements. DISCUSSION: MTC provides a boilerplate resolution for project sponsors. The resolution includes all the requirements that local agency project sponsors must commit to in order to access funding including: • The commitment of local matching funds of at least 11.47%; • The commitment to comply with the procedures specified in Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); • The commitment to comply with all project-specific requirements as set forth in the One Bay Area Grant program; • The assurance that the local agency will complete the project described in the application; • A statement that the project sponsor understands that the federal funding is fixed at the programmed amount, and cost increases cannot be expected to be funded with additional federal funds. SCTA advises agencies to bring the MTC-drafted resolution to their governing bodies for adoption as soon as possible to meet project delivery deadlines, including submission of projects for inclusion in the TIP by May 21, 2021. A FY 2020-21 Capital Improvements Program (CIP) Budget Amendment is submitted for consideration of approval at the May 11, 2021 Rohnert Park City Council meeting, so that the expanded Project is approved with a budget that includes matching funds. The local matching funds are from the budgeted appropriation of $500,000 of Casino Mitigation Fund (Fund 184) to the RPX/Commerce project. This budgeted funding will be restricted to the work in the original project limits. The additional federal grant funds, if awarded, will be used on the additional locations, and if needed, on the RPX/Commerce Boulevard intersection. Local match is required for the project phase that Federal funds are used. In this Project, federal funding is only used in the construction phase, which includes the construction contract, construction management and inspection. All other phases of the project are local funding. ITEM NO. 6.J. 3 2022 Pedestrian and Bicycle Safety Improvements Project FUNDING PROJECT PHASE Federal % match for Federal funding Local Match % match for Federal funding Preliminary Engineering & Design $0 N/A* $190,600 N/A* Construction $522,000 63.2% $309,400 36.8% TOTAL $522,000 56.7% $500,000 43.3% MTC has explicitly stated that the required resolution of local support may not be modified by project sponsors. City staff sees no compelling reason to modify the resolution based on previous grant cycles. The City fully intends to comply with the remaining requirements to complete the project and abide by all federal and MTC policies applicable to the project and its funding. Staff recommends that the Council consider and adopt the attached resolution in order to comply with requirements for including the project in the TIP and to access federal transportation funding for the project. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The proposed action is consistent with the City’s adopted budget and capital improvement program and is necessary to secure the federal grant. FISCAL IMPACT/FUNDING SOURCE: If grant funds are awarded by the MTC, the proposed action commits the City to completing the 2022 Pedestrian and Bicycle Safety Improvements Project, which will have a fiscal impact of $1,022,000. The project’s funding sources are Casino Mitigation Fund (Fund 184) and the Federal funds, which are provided to the City on a reimbursement basis. There is no General Fund impact from the proposed action. Department Head Approval Date: 4/30/2021 Finance Director Approval Date: 4/30/2021 City Attorney Approval Date: NA City Manager Approval Date: 5/4/2021 Attachments: 1. Map of pathway enhancement locations 2. 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") IA IA £¤101 Hinebaugh Creek Copeland Creek Laguna De Santa Rosa Crane Creek Wa s h o e C r e e k Five Creek Dvr Coleman Creek Bellevue - Wilfred Flood Control Channel Gossage Creek W a s h o e C r e e k Fiv e C r e e k D v r Pe t a l u m a H i l l Holly Millbrae Southwest Re d w o o d Railroad Co m m e r c e S t a t e F a r m L a n c a s t e r Keiser Enterprise Sn y d e r Bo d w a y Ca m i n o C o l e g i o Do w d e l l O l d R e d w o o d H i g h w a y Wilfred Ave Santa Alicia Sto n y P o i n t Golf Course A d r i a n Rohnert Park Expressway Arlen Eleanor Co u n t r y C l u b Avram O l d R e d w o o d H w Valley House Carlson Gr a n d v i e w Martin Sn y d e r Golf Course Rohnert Park Expressway Rohnert Park Expressway Co m m e r c e O l d R e d w o o d H i g h w a y Pe t a l u m a H i l l Holly B o d w a y Rohnert Park Expressway SONOMA COUNTY COTATI ¯0 0.25 0.5 Miles Source: City of Rohnert Park, 2018 I, Existing ! ! ! ! !I, Proposed II, Existing ! ! ! ! !II, Proposed III, Existing ! ! ! ! !III, Proposed ! ! ! ! !IV, Proposed Rohnert Park City Limits Urban Growth Boundary Sphere of Influence Creeks Schools Lakes Parks SMART Rail Places that need RRFB additions or upgrades to current standards in RP Main street side street/creek/path RRFB description Estimate A Snyder Coleman Creek 4 single sided RRFB poles for crossing Snyder in 2 stages 37,500.00$ B Commerce Hinebaugh Creek 2 double sided RRFB poles for crossing Commerce 20,250.00$ C Camino Coronado Copeland Creek 2 double sided RRFB poles for crossing Camino Coronado at the preschool 42,750.00$ D Country Club Copeland Creek 4 double sided RRFB poles for crossing Country Club at 2 locations 84,750.00$ E Santa Alicia Arlen 2 double sided RRFB poles for crossing Santa Alicia 42,750.00$ F Santa Alicia Avram 2 double sided RRFB poles for crossing Santa Alicia 42,750.00$ G Southwest Almond 2 double sided RRFB poles for crossing Southwest 45,750.00$ 316,500.00$ Places that need Pathway intersection upgrades in RP Main street side street/creek/path Description Estimate 1 Country Club Drive Hinebaugh Creek Path Needs 4 stop signs and striping at intersections on the North & South side of Country Club 2,670.00$ 2 State Farm Hinebaugh Creek Path Needs 2 stop signs and striping at intersections on the East & West side of State Farm 1,335.00$ 3 Commerce Hinebaugh Creek Path Needs a stop sign and striping at intersection on the East side of Commerce 667.50$ 4 Southwest & Snyder Rancho Cotate Path Needs a stop sign and striping at intersection on the East side of Snyder & Southwest 667.50$ 5 Snyder Copeland Creek Path Needs 4 stop signs and striping at intersections on the East & West side of Snyder 2,670.00$ 6 Camino Coronado Copeland Creek Path Needs a stop sign and striping at intersection on the North side of Camino Coronado 667.50$ 7 Country Club Drive Copeland Creek Path Needs 4 stop signs and striping at intersections on the East & West side of Snyder 2,670.00$ 8 Seed Farm Copeland Creek Path Needs 2 stop signs and striping at intersections on the West side of Seed Farm 1,335.00$ 12,682.50$ RESOLUTION NO. 2021-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO THE METROPOLITAN TRANSPORTATION COMMISSION, COMMITTING MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE 2022 PEDESTRIAN SAFETY IMPROVEMENTS PROJECT WHEREAS, the CITY OF ROHNERT PARK (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $522,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the 2022 Pedestrian Safety Improvements Project (herein referred to as PROJECT) for the One Bay Area Grant Program (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set- aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: Resolution 2021-052 2 • the commitment of any required matching funds; and • that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and • the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and • that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and • that the PROJECT is consistent with the City’s capital improvement program and WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application. NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding. BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds. Resolution 2021-052 3 BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING. BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT. BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP. BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application. BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM. BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised. BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and BE IT FURTHER RESOLVED BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency. BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects. BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT. BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds. BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT. Resolution 2021-052 4 BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution. BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application. BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming. DULY AND REGULARLY ADOPTED this 11th day of May, 2021. CITY OF ROHNERT PARK ____________________________________ Gerard Guidice, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 6.K. 1 Meeting Date: May 11, 2021 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Approval of Contract with Coro Northern California for Leadership Rohnert Park Program in Amount Not to Exceed $80,000 RECOMMENDED ACTION: Approve a contract with Coro Northern California for Leadership Rohnert Park. BACKGROUND: In 2019-2020 the City sponsored Leadership Rohnert Park, a program to develop civic leaders. We contracted with Coro Northern California to provide training, evaluation, and logistical support. The program was very well received by the participants. Many of them have increased their level of civic involvement, from the election of Vice Mayor Elward to the appointments of Fanny Lam to the Planning Commission, Michael Thompson to the Parks Commission, and Ann-Marie Rodriguez to the Bicycle and Pedestrian Advisory Committee. Others are starting a Mentor Me program and pursuing ways to better connect low-income residents with health and human services and increasing their civic involvement in other ways. The participants have formed an informal alumni group which meets periodically over Zoom. The purpose of Leadership Rohnert Park is to improve the civic capacity of residents. Those who participate typically gain: a.An understanding of key issues facing the community, such as housing, the economy, public safety, and transportation. In the 2019-2020 class, 95% indicated that they improved their understanding of key issues in the community. b.The opportunity to meet community leaders including elected officials, leaders of civic organizations, and senior managers in business, non-profits, and government. c. Increased leadership skills such as communication, self-understanding, and critical thinking. In the 2019-2020 class, 95% indicated that they could communicate more effectively and had an increased ability to initiate positive change. d. A network of comparable emerging community leaders. The community gains a pool of leaders from diverse backgrounds. They will have a common understanding of community issues, skills essential to addressing those issues, and a network of community members to work with. 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.K. 2 One of the nation’s leading organizations in developing civic leaders is Coro Northern California. Over the years Coro has developed a variety of programs for different audiences, including community-based leadership programs such as Leadership Rohnert Park. We believe the quality of Coro’s training distinguishes Leadership Rohnert Park from other programs. Coro programs emphasize leadership development skills, focusing on six competencies in particular: 1.Self-awareness 2.Critical thinking 3.Communication 4. Inclusion 5.Collaboration 6. Empowered Professionalism PROPOSAL: Staff is presenting a contract with Coro Northern California to resume Leadership Rohnert Park for an additional year, from September, 2021 until May, 2022. It would be managed by Coro under the direction of the City. Attachment B includes a contract with Coro; the Scope of Work is attached to the contract as a proposal from Coro. Participants: The program will accommodate up to 24 participants who must live and/or work in or adjacent to Rohnert Park (the Casino and Sonoma State University). The program will strive for a diverse range of participants, from different businesses, organizations, and neighborhoods. The City will have primary responsibility for recruiting participants. We expect the graduates of the 2019-2020 class to recruit applicants, and invite the City Council to do so as well. We will also invite members of the City’s commissions and advisory bodies to apply for the program or recruit participants. We had over 50 applicants in 2019. Curriculum: The program will hold eight all-day sessions, one evening session, and a graduation reception. The program will have a mix of subject matter training and leadership training, similar to the topics noted in the contract and subject to further discussion and City approval. The City and potentially other partners will suggest speakers and provide introductions to Coro as needed; Coro will develop the programs and schedule the speakers. Coro will provide the faculty for the skills-based training. Coro will also handle logistics for the sessions, with guidance from the City Manager’s Office. The program will include a group challenge from the City Manager as an opportunity to apply their skills and knowledge to an issue of importance to the community. They will assess the problem, explore alternatives, and provide a recommendation in a presentation that will be part of the graduation ceremony. Advisory Committee: We established an Advisory Committee for the 2019-2020 class. They assisted in recruitment and provided input on content. The organizations included: •Chamber of Commerce •Rotary •Cotati Rohnert Park Unified School District •Sonoma State University •Rohnert Park Health Center •Kaiser ITEM NO. 6.K. 3 We do not plan to continue the Advisory Committee, although we will invite prior members to assist in recruitment and participate by hosting session or tours and perhaps in other ways. STRATEGIC PLAN ALIGNMENT: Leadership Rohnert Park aligns closely with Strategic Plan Goal A, Practice Participative Leadership at All Levels. OPTIONS CONSIDERED: Recommended Option: Staff recommends approving the contract with Coro Northern California to resume Leadership Rohnert Park. Other Options Considered: In establishing Leadership Rohnert Park in 2019, staff also considered operating a program similar to those in other communities and without the Coro leadership component. Such a program would require finding a program manager able and willing to run the program and would likely cost close to the amount of the recommended alternative. At that time staff also explored the option to ‘purchase’ several seats in the Leadership Santa Rosa program, which is a highly-respected program that addresses many issues similar to those in Rohnert Park (local economy, land use, etc.). The cost would have been $2,500 per seat. We recommended against this option because Rohnert Park has numerous organizations and issues the differ significantly from Santa Rosa, such as our public safety model, the Casino, Sonoma State University, and a different school district. FISCAL IMPACT/FUNDING SOURCE: Leadership Rohnert Park is part of the proposed budget for FY21-22 and will be funded by the Rohnert Park Foundation. Total costs are estimated at $90,000. This includes the contract with Coro for $80,000, and up to $10,000 paid by the City for costs such as graduation plaques and recruitment. There would be no charge to participants. Department Head Approval Date: N/A Finance Director Approval Date: April 22, 2021 City Attorney Approval Date: April 26, 2021 City Manager Approval Date: May 5, 2021 Attachments: 1. Proposal 2. Coro Northern California Contract To:Don Schwartz, Assistant City Manager, City of Rohnert Park From: Laney Whitcanack, CEO, Coro Clifford Yee, Director of Diversity and Inclusion Training, Coro Subject: Leadership Rohnert Park Date: April 22, 2021 Coro Northern California (Coro) is pleased to submit this proposal to continue to support the mission and vision of Leadership Rohnert Park, working together to deliver an outstanding leadership development experience to community leaders. This proposal outlines Coro’s proposed work plan in continued partnership with the City of Rohnert Park. Our proposed program overview, outcomes, staffing, and costs are detailed below. Program Overview Coro will build upon Leadership Rohnert Park’s year one successes and learnings by supporting a civic network-building experience for one cohort of up to 24 community leaders, crossing sectors, backgrounds, and neighborhoods. Program Outcomes ●Enhance leadership abilities through exposure to and practice with a broad array of leadership tools and concepts. ●Increase understanding of Rohnert Park institutions, programs, processes, and services. ●Deepen connections to Rohnert Park and provide access to a broad selection of local leaders, so participants can interview and learn from them about their diverse leadership approaches and journeys. ●Increase confidence to initiate positive change in the community. Coro’s program facilitators provide guidance and create learning experiences that equip participants with: ●Skills:To empower diverse, emerging community leaders with tools and skills to create high-performing teams that identify and achieve collective goals. ●Knowledge:To grow participant understanding of their neighborhoods and Rohnert Park programs, processes, and services that can help catalyze positive change.In addition, Fellows will have increased understanding and practice of the intersection between leadership and diversity, equity, inclusion, and belonging (see Appendix One - “Coro’s Approach to Diversity, Equity, Inclusion, and Belonging). ●Trust:To increase the level of trust, reciprocity and mutual accountability among community leaders and local agencies and institutions. ●Networks:To cultivate a thriving network of Rohnert Park stewards with the capacity to work across neighborhood and interest-group boundaries. 1 Fellows Recruitment, Selection, and Expectations Up to 24 Fellows with a passion for supporting and strengthening the civic fabric of Rohnert Park will be recruited and selected by the City of Rohnert Park in consultation with Coro. Recruitment should occur at least three months before the program begins: two months for recruitment and one month for selection.Coro will work with the City of Rohnert Park on updating program materials, including a Fellows Handbook, which will outline program expectations and benefits. Graduates of Leadership Rohnert Park will be considered Coro alumni, will be included in the Coro alumni directory unless they opt out, and will be afforded all the privileges of Coro graduates, including being part of the larger Coro network of more than 11,000 alumni around the world. Expectations All Coro standards and expectations will apply to each session: ●Timeliness and promptness: each session will start on time and all participants are expected to be present before the doors close. ●Fellows are allowed to miss no more than one session (excused or unexcused). ●Fellows are expected to spend between 2-4 hours on intersession assignments. ●Strict confidentiality will be observed. ●The full attention of all participants is required;specifically, no phone or email communication during the workshop (except in the case of an emergency). Program Activities Leadership Rohnert Park follows Coro’s 78-year model of developing diverse leaders to work together across differences to create solutions for the common good. The model includes: ●Sessions:Each session focuses on building skills in a team setting, and most sessions will focus on a theme to increase understanding of Rohnert Park departments, people, and processes. ●Leader Interviews:Participants interview Rohnert Park community leaders and elected officials to establish relationships and increase understanding of the session’s theme. ●Group Project:During the program, participants will develop a group project which they will publicly present at the end of the program.The focus issue of the project will be developed through an emergent group process. Session Structure Program goals are met through full-day sessions which combine leadership training, issue exploration, team building, and collaborative work on a group project. Nine sessions (eight full-day plus graduation) will take place over an eight- to nine-month period (usually 1 session per month), which allows for real-world application and project work between sessions. The last session includes a graduation ceremony,often with participant family, co-workers, and members of the sponsoring organization attending. 2 Key Program Leadership Competencies ●Increase self-awareness ●Employ a “growth mindset” ●Use and understand different leadership styles ●Build trust-based relationships ●Improve group process and dynamics ●Use inquiry as a leadership tool ●Lead effective meetings ●Balance inquiry and advocacy ●Improve listening and coaching ●Give and receive feedback ●Present persuasively ●Mutual-gains negotiation ●Navigate difficult conversations Sample Session Themes (themes to be mutually agreed upon) 1.Deep dive in a Rohnert Park neighborhood 2.Racial Justice / Social Justice and cultivating a sense of belonging 3.Legislative & budget processes 4.Housing 5.Public safety 6.Health and human services 7.Education 8.Transportation 9.Graduation Group Project Challenge Coro leads participants through a group challenge during the duration of the program. The goal of the project is to challenge participants to apply their Coro skills to address a challenge or issue of importance. The project deepens participants’ awareness of broader issues and opportunities beyond those that they already know, and provides the City with a new resource and fresh perspective on a key issue.Project deliverables are often influential in decision-making and shape thinking on policy and initiatives. The group presents their findings or recommendations at the program graduation. Program Impact Below are the program outcomes from the inaugural Leadership Rohnert Park program: ●95% felt an increased ability to be a leader in Rohnert Park ●100% felt a deepened connection to their fellow Rohnert Park residents ●95% felt increased confidence to initiate positive change within Rohnert Park ●95% felt increased ability to navigate Rohnert Park’s policies, processes, and programs ●95% felt increased understanding of the key issues facing Rohnert Park Program Location Sessions will be in-person held at different locations within Rohnert Park that allow for social distancing and ensure we can meet public health guidelines.Intersession meetings will be held virtually via Zoom. Coro will use the guidelines of the San Francisco Department of Public Health to guide our employees’ work conditions.These in-person locations will be identified and secured with support from the City. On-going Network Management 3 Continuing to connect and organize program participants into an enduring network, Coro will support the City of Rohnert Park in integrating the program network/grads into future Leadership Rohnert Park programming. Additionally,Coro will support the maintenance of a group list-serve and alumni website (Coro Connect)for ongoing connection and engagement after program sessions have concluded. This will occur no later than 30 days after completion of the last session. Scope of Work Coro will be responsible for overall session management and facilitation. Program instructional design and development estimates include: ●Up to three (virtual) meetings with the City of Rohnert Park to provide feedback on the curriculum. Curriculum will include opportunities for participants to engage with members of the City Council. ●Development of curriculum matrix, refinement of program outcomes and measurement, in coordination with the City of Rohnert Park ●Development of pre-program materials and advising on logistics and information. ●Sharing recruitment strategy and cohort selection best practices as a consultant. ●Program delivery and facilitation (assuming 8 full day sessions, 1 intersession evening meeting, and 1 graduation). Coro will incorporate feedback from Cohort 1 post-program evaluations. ●All intersession communication with participants. ●Evaluation and reporting, in consultation with the City of Rohnert Park. ●Day-of session logistics, including food, space planning,and graduation program. ●Advising on network engagement and support of post-program connections The City of Rohnert Park will be responsible for: ●Managing participant recruitment and selection efforts,with consultation from Coro. ●Main liaison to session “content” experts. ●Main liaison to point of contact for session locations. LRP Proposed Dates (to be mutually agreed on): ●September 10, 2021 ●October 8, 2021 ●November 12, 2021 ●December 10, 2021 ●January 14, 2022 ●February 11, 2022 ●March 11, 2022 ●April 8, 2022 ●May 13, 2022 (Graduation) Cost Coro programs train, support, and connect leaders to strengthen democracy and tackle challenges together. The costs associated with this program include the training design, delivery, and administration of the program. We also have included a network weaving component, where we will consult with graduates of the program to continue to support and connect them within Cohort 1 and to weave connections between Cohort 1 & 2. 4 Program Delivery and Administration including : -9 one-day sessions facilitated by Coro -8 intersession evening meetings with 1 meeting facilitated by Coro -All intersession communication with participants -Evaluation and reporting Network weaving including: -Conducting a network engagement interest survey -Scheduling and facilitating at least one refresher (virtual or in=person) for Cohort 1 -Creating connections for Cohort 1 & Cohort 2 throughout the program Contingency Funds (available upon written City approval) TOTAL: $65,000 $10,000 $5,000 $80,000 Payment Terms Coro will invoice and City will make payments as follows: -50% by 7/15/21, non-refundable deposit -25% by 12/31/21 -25% at program conclusion (completion of all sessions,events, City receipt of program evaluations and related materials, and City acceptance of services for on-going network management) Faculty All sessions are facilitated by Coro "faculty", with deep experience in culturally competent leadership development and facilitation. Coro trainers are guides on the side, vs. "sages on the stage", so all sessions require 100% participant engagement and involvement. Measurement Coro conducts post-program surveys to measure capacity building and impact, in addition to reflection questions after every program session. We recognize that proven results and continuous improvements bolster our capacity to deliver transformative leadership education. Coro uses an online survey system (administered through Survey Monkey) to collect pre-program,during-program, and post-program outcomes data and responses from participants.The pre-program assessment helps inform curriculum development and set expectations.Multiple in-program surveys allow for real time responsiveness and fine-tuning after each cohort session, and provide reflection for our facilitators. A final evaluation survey requires participants to provide detailed information about perceived change related to specific individual leadership skills, and input 5 for Coro trainers, suggested improvements, and other program elements. Coro’s evaluation tools align with the Kellogg Foundation’s Theory-of-Change Logic Model and Kirkpatrick’s Model of Evaluating Training Programs. Equity-centered programming Coro programs strive to eliminate barriers to participation for interested program participants. To ensure accessibility, program design may necessitate inclusion of participant stipends, daycare reimbursement, travel vouchers, etc. Additionally,Coro staff will work with agency partners and neighborhood leaders to ensure culturally competent program design, logistics, and content. About Coro Coro is a nonpartisan nonprofit organization with a mission to equip people with skills, knowledge, and networks to collaborate and accelerate positive change wherever they are. Founded in San Francisco in 1942, in response to the rise of fascism in Europe and the need for real-world training for emerging democratic leaders,Coro’s leadership development programs include proprietary curriculum with rigorous learning sessions, leadership training, group participation, and expert interviews. Coro’s leadership programs empower individuals and strengthen institutions, bringing people together to examine issues and create a stronger,more resilient civic infrastructure. Last year, 1,000+ program and leadership lab participants, ranging in age from 13 to 70+ learned Coro’s innovative, hands-on approach, developing and enhancing six core leadership competencies: ●Self-awareness ●Critical thinking ●Communication ●Inclusion ●Collaboration ●Empowered professionalism Coro currently partners with the City and County of San Francisco to run youth leadership programs (Youth Action Fellows) in Districts 1, 7,8, and 11. Additionally, later this year we will pilot a city-wide Resilient San Francisco Leadership Academy, in partnership with the City and County of San Francisco, Walter and Elise Haas Fund, and the Neighborhood Empowerment Network. Coro programs and participants engaged with more than 300 government agencies, nonprofits and businesses in San Francisco and the Bay Area in 2020. With more than 11,000 program graduates across the country, noteworthy Coro alumni include: Hon. Dianne Feinstein, U.S. Senate; Hon. Malia Cohen, Chair of the California State Board of Equalization; Hon. Mike Levin, U.S. Representative for California’s California's 49th congressional district; Hon Holly Mitchell, California State Senator; Hon.Libby Schaaf, Mayor, City of Oakland; Hon. Kevin Falconer, Mayor, City of San Diego; and Hon.Alex Padilla, California Secretary of State, among many others. Our extensive network includes alumni and partners in government, elected office, educational institutions, business,labor unions, nonprofits, and community service organizations across the region and the country. APPENDIX ONE: Coro Approach to Diversity, Equity,Inclusion and Belonging 6 Coro’s Approach to Diversity, Equity, Inclusion, and Belonging - A Living Document - Background This document is an effort to make explicit to the Coro network and broader community our approach to Diversity, Equity, Inclusion, and Belonging and how it connects to our history and mission as an organization. We call this a “living document” because it will be regularly reviewed and updated by staff, board, and network members. Since Coro’s founding in 1942, in addition to preparing future leaders, the organization also explored questions about the inextricable links between diversity and the establishment of a thriving democracy. Specifically: ●“Are there blocks within human nature that work against the acceptance of diversity, which is so necessary in a democracy? ●Is there a “political intelligence” that any human being, of whatever age, ethnic allegiance, experience and so on, can use to resolve differences and make decisions?” 1 For decades, Coro programs have explored these questions with a fundamental belief that we need more people who can work and lead across difference -- and that knowing, appreciating, and having meaningful relationships with a diversity of ideas, perspectives, and lived experiences, often embodied by race, ethnicity,gender, age, sexual orientation, and political ideology, is a requirement for leading in a thriving democracy. What We Believe We believe that diversity, equity, and inclusion work is a lifelong commitment and an ongoing process of self-awareness.We believe that our understanding of human identity will continue to evolve and that as leaders we will need to continue to engage and grapple with these questions. We believe that each person has multiple identities and lived experiences that inform our thoughts, actions, experiences, and decision-making. We believe that getting stuck in echo chambers reinforces our perspectives and prevents us from examining or considering how others are experiencing the same reality. We believe that a critical component of effective and ethical leadership is the ability to work and collaborate across differences, specifically the ability to recognize, embrace, and include the unique qualities and perspectives of individuals across identities. 1 From “Coro: Creation, Concepts, Contributions”, 2008 Coro National Alumni Association. 7 We believe that thinking critically about the causes and consequences of inequity, the systems that sustain inequity, and how to disrupt these inequities is required for ethical and effective leadership in the 21st century.A systems perspective aids leaders in understanding and addressing the factors that maintain these systems. We believe a sense of belonging empowers people to effectively work and lead across differences and that leaders must work to create these conditions.“Belongingness entails an unwavering commitment to not simply tolerate and respect difference but to ensure that all people are welcome and feel that they belong in the society. We call this idea the ‘circle of human concern’.”We strive to create these conditions in Coro programs and to inspire others2 to create these conditions across the Coro network. Our Working Definitions: Diversity: The presence of a variety of human characteristics,and valuing individuals with multiple identities and lived experiences. Equity:The practice of providing and increasing just inclusion that enables all people to contribute, prosper, and reach their full potential. Inclusion:Creating environments where people’s differences are represented and respected. Belonging: An experience of psychological safety that allows all people to feel welcome, able to take risks, and have a sense that they belong. 2 john a. powell and Stephen Menendian, “The Problem of Othering: Towards Inclusiveness and Belonging” http://www.otheringandbelonging.org/the-problem-of-othering/. 8 [1] City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into as of the 11th day of May, 2021 by and between the CITY OF ROHNERT PARK (“City”), a California municipal corporation, and Coro Northern California, Inc., a California non-profit corporation (“Consultant”). RECITALS WHEREAS, City desires to obtain civic leadership development services; and WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement. Don Schwartz, Assistant City Manager, is hereby designated as the Project Manager. The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant Laney Whitcanack, CEO of Coro Northern California will have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services -2- A. Scope of Services. Subject to such policy direction and approvals as the City through its staff may determine from time to time, Consultant shall perform the services set out in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by reference. B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. All services are to be completed per the Scope of Services. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit B, and incorporated herein by reference. However, in no event shall the amount City pays Consultant exceed $80,000. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. B. Timing of Payment. Consultant shall submit invoices per the payment schedule in Exhibit A. City shall make payment, in full, within thirty (30) days after approval of the invoice by the Project Manager. C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Paragraph 4(A) without prior written amendment to this Agreement. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it is in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City’s request if litigation is brought against City in connection with Consultant’s work product. Unless the -3- action is brought by Consultant or is based upon Consultant’s negligence, City will compensate Consultant for the preparation and the testimony at Consultant’s standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Amendment to Scope of Work. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. 6. Term. This Agreement shall commence upon its execution by both parties and shall continue in full force and effect until completed, amended pursuant to Section 21, or otherwise terminated as provided herein. 7. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. 8. Ownership of Documents. Title to all work papers compiled by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. (Except as stated in paragraph 19. D. regarding Consultant not being liable for such use.). Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. Consultant’s working papers, including audit programs, analytical review schedules, and statistical sampling results, analyses and schedules are the Consultant’s property. 9. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 10. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant’s performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest -4- shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (1) will not have the power to make any governmental decision, including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of the City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or revoke any permit, license, application, certificate, order, or any similar authorization or entitlement; authorize, modify, or renew any form of City contract; grant approval to any City contract specifications on behalf of the City; or grant City approval for any plans, designs, reports, or similar; (2) will not participate in the making of any governmental decision in the equivalent of a staff capacity — for the purposes of this provision, “participating in a governmental decision” including providing information, an opinion, or a recommendation directly to any person at the City empowered to make a decision on behalf of the City without significant intervening substantive review; and (3) will not perform the same duties for the City that would otherwise be performed by a staff member required to report under the City’s conflict of interest code. (2 Cal. Code Regs. § 18700.3) 11. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. 12. Indemnity. To the fullest extent permitted by law, Consultant hereby agrees to defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its officers, elected officials, employees, agents, and volunteers from and against any and all claims, demands, damages, costs, liabilities, or obligations brought on account of or arising out of any acts, errors, or omissions of Consultant, its officers, employees, agents, and subcontractors undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful misconduct of City. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion and acceptance or otherwise. Consultant’s duty to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This -5- indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. 13. Consultant Not an Agent of City. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 14. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City; and as an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. 15. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City business license. The City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph. B. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. D. Business Licenses. Unless exempt by law, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. 16. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by the City, or as required by law. 17. Assignment; Subcontractors; Employees -6- A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 18. Insurance. Without limiting consultant’s indemnification provided herein, Consultant shall comply with the requirements set forth in Exhibit C to this Agreement. 19. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon 5-days’ written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately copies of studies, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant shall be entitled to retain copies of such documents and shall not be required to erase all electronic backup copies or data. As stated -7- above in section 8, Consultant’s working papers remain the property of Consultant. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory Services performed through the date of temporary suspension. 21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between the City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith. 24. Time of the Essence. Time is of the essence of this Agreement. 25. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally, via e-mail, or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: Don Schwartz City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 dschwartz@rpcity.org If to Consultant: Laney Whitcanack, CEO Coro Northern California 233 Sansome St., Suite 400 San Francisco, CA 94104 lwhitcanack@coronorcal.org -8- 26. Consultant’s Books and Records. A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular busi ness hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to the City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. 27. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 28. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 29. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than the Consultant. 30. Remedies, Claims, and Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant shall comply with claims presentation requirements under the Government Tort Claims Act, California Government Code Sections 900 et seq. and the Rohnert Park Municipal Code. -9- 31. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 32. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 33. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 34. News Releases/Interviews. All Consultant and sub-consultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the City. 35. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 36. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSULTANT By: __________________________________ City Manager By: Title: Date: Date: 5/4/2021 CEO, Coro Northern California -10- CONSULTANT By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk Exhibit A OAK #4832-0705-4031 v1 EXHIBIT A SCOPE OF WORK See Attached Proposal from Coro Northern California Exhibit C OAK #4832-0705-4031 v1 EXHIBIT B COMPENSATION FOR SCOPE OF SERVICES: $75,000 CONTIGENCY FOR ADDITIONAL SERVICES, WITH PRIOR WRITTEN APPROVAL OF THE CITY: $ 5,000 CONTRACT MAXIMUM: $80,000 PAYMENT TERMS AS INCORPORATED IN SCOPE OF SERVICES Exhibit C OAK #4832-0705-4031 v1 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations Exhibit C OAK #4832-0705-4031 v1 performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used). Primary Coverage For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Exhibit C OAK #4832-0705-4031 v1 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. [16] 1208604v1 80078/0012 Revised: 10/27/10 CERTIFICATE OF CONSULTANT I, HEREBY CERTIFY that I am Laney Whitcanack, CEO, of Coro Northern California whose address is 233 Sansome Street, Suite 400, San Francisco, CA 94104 and that I here represent has not: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. _________________ ___________________________________ Date Signature 5/4/2021 Certificate Of Completion Envelope Id: E886B36FA01F46E8AE87104A0085B320 Status: Completed Subject: 051121_Coro-Rohnert Park Agreement.doc Source Envelope: Document Pages: 16 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Laney Whitcanack AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) lwhitcanack@coronorcal.org IP Address: 64.207.219.72 Record Tracking Status: Original 5/4/2021 9:23:33 AM Holder: Laney Whitcanack lwhitcanack@coronorcal.org Location: DocuSign Signer Events Signature Timestamp Laney Whitcanack lwhitcanack@coronorcal.org Laney whitcanack Coro Northern California Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.241.23.0 Sent: 5/4/2021 9:23:34 AM Viewed: 5/4/2021 9:23:39 AM Signed: 5/4/2021 9:24:44 AM Freeform Signing Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/4/2021 9:23:34 AM Certified Delivered Security Checked 5/4/2021 9:23:39 AM Signing Complete Security Checked 5/4/2021 9:24:44 AM Completed Security Checked 5/4/2021 9:24:44 AM Payment Events Status Timestamps Certificate Of Completion Envelope Id: 7C866FDB7A33451D9DF22BCCADC0E7A1 Status: Completed Subject: 051121_Coro-Rohnert Park Agreement.doc - 2021-05-04-09:23.pdf - 20... Source Envelope: Document Pages: 17 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Laney Whitcanack AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) lwhitcanack@coronorcal.org IP Address: 162.248.186.11 Record Tracking Status: Original 5/4/2021 4:10:28 PM Holder: Laney Whitcanack lwhitcanack@coronorcal.org Location: DocuSign Signer Events Signature Timestamp Laney Whitcanack lwhitcanack@coronorcal.org Laney whitcanack Coro Northern California Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.214.219 Sent: 5/4/2021 4:10:29 PM Viewed: 5/4/2021 4:10:34 PM Signed: 5/4/2021 4:11:00 PM Freeform Signing Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/4/2021 4:10:29 PM Certified Delivered Security Checked 5/4/2021 4:10:34 PM Signing Complete Security Checked 5/4/2021 4:11:00 PM Completed Security Checked 5/4/2021 4:11:00 PM Payment Events Status Timestamps ITEM NO. 6.L. 1 Meeting Date: May 11, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Louis Kirk, Senior Code Compliance Officer Agenda Title: Code Compliance Division Quarterly Report – First Quarter, 2021 RECOMMENDED ACTION: Receive and file the code compliance reports for the first quarter of 2021. BACKGROUND: Consistent with Council direction, staff provides quarterly and summary annual updates on its code compliance activities. This report provides an update on the activities of the Code Compliance division during the first quarter of 2021. ANALYSIS: Impacts from the COVID-19 Pandemic: Although Code Compliance continues to encounter impacts that are attributable to the pandemic, the decreased case/call volume experienced in 2020 has started to visibly reverse itself; this will be discussed in detail further on in this report. The lessening of State health order restrictions, combined with increases in vaccination opportunities – both for field staff and the public at large – has allowed for the further easing of Code Compliance response protocols. During the first quarter, staff continued our gradual and careful return toward a normal state of operations; a shift which is expected to be completed during the third quarter of this year. These impacts have similarly changed with respect to staff’s ongoing efforts with business recovery, and with our COVID-related enforcement cases. Although staff continues to maintain a presence in the community – both physically, and through the publication of our resource newsletter – the easing of restrictions has resulted in a corresponding decline in requests for assistance and information. With the worst seemingly behind them, businesses appear to be better managing their recoveries at their individual paces. At the same time, the number of complaints coming into the City from the County’s SAFE707 system also began to gradually diminish; from 56 cases the prior quarter to just 39 cases during the first quarter – and with only one new case received to date for the second quarter. COVID-related enforcement cases are addressed using staff’s established education and resource-based approach. Of the 39 cases received during the first quarter, and all but two cases were successfully closed by the end of the reporting period. In only three of these 39 cases was 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.L. 2 the issuance of administrative citations necessitated; staff will provide additional detail on these citations elsewhere in this presentation. Code Compliance Activity - First Quarter 2021: For the period commencing January 1, 2021 and ending March 31, 2021, Code Compliance activity can be summarized in Table 1, below: Table 1 – 2021 Q1 Summary 2021 Q1 Existing New Closed Remaining Open Cases: 294* 105 134 265 *Note: this number has been corrected and differs slightly from data in the 2020 Q4 report During the first quarter of 2021, Code Compliance staff added 105 new cases to the 294 cases carried over from the fourth quarter of 2020, and closed 134 cases during the same period. We started the second quarter of 2021 with a carryover of 265 active cases. Analytics: First Quarter: As compared to the fourth quarter of 2020, first quarter cases reflect only small changes in the patterns, number, and types of complaints received during the pandemic environment. These changes are reflected in Table 2, below: Table 2 – 2021 Q1 Comparison to Prior Quarter Category 2020 Q4 2021 Q1 Δ% Construction 8 9% 8 8% -1% Property Maintenance 30 32% 37 35% 3% Public Nuisance 14 15% 20 19% 4% Shopping Carts 0 0% 0 0% 0% Signage 1 1% 0 0% -1% Zoning 10 11% 7 7% -4% Other 0 0% 2 2% 2% Other – COVID Related 30 32% 31 30% -3% Totals 93 100% 105 100% - As the above data reflects, no case category varied by more than four percentage points from the immediately preceding quarter. Comparing first quarter data to the same quarter from the previous year as shown in Table 3, however, reveals larger declines across nearly all categories. These changes reflect the differences between the pre-pandemic and mid-pandemic environments. ITEM NO. 6.L. 3 Table 3 – 2021 Q1 Comparison to Same Quarter/Prior Year Category 2020 Q1 2021 Q1 Δ% Construction 14 18% 8 8% -11% Property Maintenance 23 30% 37 35% 5% Public Nuisance 10 13% 20 19% 6% Shopping Carts 7 9% 0 0% -9% Signage 7 9% 0 0% -9% Zoning 9 12% 7 7% -12% Other 13 17% 2 2% -10% Other – COVID Related 1 1% 31 30% 1% Totals 77 100% 105 100% - The breakdown of case categories can also be visualized using Charts 1 through 4, below, which show the composition of cases during four distinct stages of the first quarter: Charts 1-4 – 2021 Q1 Case Breakdown by Category ITEM NO. 6.L. 4 Geographic Distribution of Cases: Maps 1 and 2, below, show the distribution of new cases received during the first quarter, as well as the distribution of all cases remaining open at the end of the quarter. These maps provide an overall picture of the general distribution of Code Compliance cases, and the extent to which they exist throughout the City. ITEM NO. 6.L. 5 Map 1 – 2021 Q1 New Cases, Citywide ITEM NO. 6.L. 6 Map 2 – 2021 Q1 All Open Cases, Citywide ITEM NO. 6.L. 7 Shopping Cart Ordinance Update: After the temporary suspension of the program due to the pandemic, staff is increasingly restarting efforts with the business community to complete their Shopping Cart Retention and Retrieval Plan application submittals, receive their permits, and implement their plans. Currently, fourteen businesses have completed the application process, and are in various stages of plan implementation. Seven businesses remain outstanding with their applications, although several have nearly complete applications. Staff will be escalating enforcement action as needed during the second quarter to bring the remaining businesses into compliance. Administrative Citation Update: During the first quarter of 2021, Code Compliance issued ten administrative citations. Six of these citations were associated with enforcement of State and County Health Orders related to COVID-19, with the remaining four citations involving regular municipal code enforcement. The distribution breakdown and accounting of fines and penalties for these citations are shown in Charts 5 and 6, below: Charts 5-6 – 2021 Q1 Administrative Citation Summaries CODE COMPLIANCE FORECAST: During the first quarter of 2020, staff generated a total of 76 new cases. For the current first quarter, staff generated 105 new cases, 31 of which were directly related to enforcement of the COVID Health Orders; factoring out the COVID-related cases results in an adjusted count of 74 new cases, which is consistent with pre-pandemic numbers from early 2020. To assist in the forecasting of case activity, staff compared the year-to-date breakdown of cases for both 2020 and 2021, while also calling out the delta (difference) for COVID-related enforcement efforts which exceeded the scope of the regular caseload. During 2020, regular case counts were notably reduced throughout most of the year, a presumed result of the pandemic. Charts 7 and 8, providing comparative case data for 2020 and 2021 on both a monthly and cumulative basis, are indicative of a more substantial return to normal case activity in 2021. These charts can be found below: ITEM NO. 6.L. 8 Chart 7 – Monthly Comparison 2020-2021 Cases Chart 8 – Monthly Comparison 2020-2021 Cases ITEM NO. 6.L. 9 Looking forward: In previous reports, staff has described surveys that are being undertaken to assist us in our understanding of how violations (such as those involving general property maintenance; use of lawn areas for the parking of vehicles; and maintenance of fences and walls which are over- height, improperly located, and/or which create sight-distance hazards) can grow and spread within aging residential communities, particularly when un-regulated or under-regulated. These longer-term surveys are now nearing completion. Staff anticipates being able to utilize the results of these efforts to gain additional insight into ways in which seemingly minor violations can propagate over time, and inform the needs of the City in terms of establishing focus areas where directed enforcement efforts can create the most benefit. Staff looks forward to presenting the City Council with our findings in the near future. Staff is continuing to pursue the goals of streamlining and improving our processes through the development of new tools and data-driven compliance programs, recommending needed code revisions, and in identifying issues and anticipating resources needed to undertake future preservation and improvement efforts. STRATEGIC PLAN ALIGNMENT: Two of the goals of the City’s Strategic Plan are to “Ensure the effective delivery of public services,” and to “Continue to develop a vibrant community.” Included in the strategies of these two goals are the aims to promote the delivery of high-quality, cost effective services; promote neighborhood improvement; and provide for programs that support the community. In support of these goals, staff submits this report in the furtherance of our productive and continuing dialogue between staff and the City Council. FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact on the City’s General Fund. Department Head Approval Date: 04/30/2021 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 05/05/2021 Rohnert Park Department of Public Safety 1 Accountability Legislation 2 Senate Bill 1421-Release of Personnel Records Assembly Bill-748-Release of Police Video Assembly Bill-230-Use of Force Policy Requirements Assembly Bill-392-Language change regarding Justifiable Homicide Assembly Bill-1506-Increases Attorney General’s role Assembly Bill-846-Focuses on Implicit and Explicit Bias in Recruitment AB-953 Racial Identity Profiling Act (RIPA) Pending Accountability Legislation 3 Assembly Bill-17 and Senate Bill-2-Officer disqualification criteria Senate Bill-16-Expands releasable records under SB1421 Assembly Bill-1022-Duty to Intercede and Report Assembly Bill-48-Prohibits Kinetic Energy Devices under certain circumstances 4 Pending Accountability Legislation Assembly Bill-89-Raises minimum age to be a police officer Assembly Bill-490-Addresses positional Asphyxia Assembly Bill-594-Requires outside agency investigate Assembly Bill-603-Requires cities to post settlements on website Assembly Bill-655-Background to include hate group affiliations 5 Pending Accountability Legislation Senate Bill-715-State Prosecutor to investigate when no weapon found Assembly Bill-1599-Requirement to complete IA Investigations Assembly Bill-750-Crime for Officer to make false statement Assembly Bill-958-Defines a Law Enforcement Clique Assembly Bill-1475-Prohibits certain booking photos to public 6 Rohnert Park Department of Public Safety Policy Manual Bodyworn Cameras IAPro/BlueTeam Compliant with Assembly Bill 230 Compliant with Assembly Bill 392 Early compliance with RIPA requirement Prohibited the use of the Carotid Restraint Department Policies, Practices, and Procedures 7 Bias Training –Increased department requirement to every two years; state requirement is currently every five years “Chat with the Chief” series –1st and 3rd Tuesday of the month Foot Patrol –Thirty minutes of foot patrol by patrol officers daily Department Policies, Practices, and Procedures 8 Incidents between 1/1/2020 to 3/31/2021 Home City of Involved Individual Rohnert Park 42.4% Outside RP 57.6% Use of Force Statistics 9 Total Events with Officer Contact 38,804 Total Incidents with Reports 5,549 Total Arrests 2,312 Total Show or Use of Force 131 Events Resolved without Show or Use of Force 99.7% Use of Force Statistics 10 Source of Call No Show/Use of Force Yes Show/Use of Force Public Call 61.1%99.6%0.4% Officer Initiated 38.9%99.8%0.2% Use of Force Statistics 11 Use of Force Statistics Source of Call Resulting in Arrest Public Call 56.7% Officer Initiated 43.3% 12 Use of Force Statistics Event Types Involving Firearm Displays # of Incidents Percentage Call for Service 11 58% Vehicle Stop 6 32% Welfare Check 1 5% Suspicious Circumstances 1 5% 13 Use of Force Statistics # of Types of Force per Incident Percentage One Type of Force 68.9% Two Types of Force 24.6% Three Types of Force 6.6% 14 Use of Force Statistics 15 Use of Force Statistics 16 Citation Statistics Incidents between 1/1/2019 to 3/31/2021 Home City of Involved Individual Rohnert Park 46% Outside RP 54% Total Citations: 3,206 17 Citation Statistics –Moving/Non-Moving Violations 18 Citation Statistics –Fix-It Tickets 19 Citation Statistics 20 Questions ITEM NO. 7.A. 1 Meeting Date: May 11, 2021 Departments: Administration & Public Safety Submitted By: Darrin Jenkins, City Manager & Tim Mattos, Director of Public Safety Prepared By: Darrin Jenkins, City Manager & Tim Mattos, Director of Public Safety Agenda Title: Discussion and Direction Regarding Police/Community Relations and Accountability RECOMMENDED ACTION: Receive informational report on Public Safety in Rohnert Park including updates on laws, policies, practices, and procedures to address accountability. Review police use of force and traffic stop data sorted by race. Provide further direction to staff regarding addressing Council’s strategic priority for Public Safety. BACKGROUND: On January 7, 2021 a special meeting was held to discuss City Council strategic priorities moving forward with the newly sworn-in council. During the meeting the City Council identified three new additional goals and priorities to focus Council and staff attention. The new goals and priorities identified were Climate Change, Homelessness, and Police/Community Relations and Accountability, (to include increasing the image of Public Safety, building trust, and increasing accountability). The purpose of this report is to identify the laws, policies, practices, and procedures currently in place to address Public Safety accountability. The information provided in this report is not intended to deflect the need for additional policies, practices, or procedures, instead, it is meant to provide background on what is in place now to facilitate the conversation regarding new ideas to accomplish the Council’s strategic priority. ANALYSIS: The following information is a list of newly enacted legislation, pending legislation, or currently sponsored legislation aimed at addressing police accountability. Recently Passed State of California Laws Senate Bill-1421: Effective January 1, 2019, a new California law markedly increased the ability of the public (and the media) to obtain some previously confidential police personnel records. Senate Bill 1421 amended Penal Code section 832.7 to broadly allow the release of the following: • Records relating to the report, investigation or findings of an incident involving the discharge of a firearm at a person by a peace officer or a custodial officer. 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 • Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or a custodial officer against a person results in death or great bodily injury. • Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. • Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer. Previously, such records were only available through a Pitchess motion and private review by a judge or arbitrator. This new legislation provides transparency and accountability with regard to law enforcement. In the last two years, the City of Rohnert Park has provided thousands of pages of documents to the public and the media that are now permitted to be disclosed as a result of SB 1421. Assembly Bill-748: Effective July 1, 2019, AB 748, which is seen as something of a companion statute to SB 1421, requires law enforcement agencies to produce, in response to Public Records Act requests, video and audio recordings of “critical incidents,” which are defined as incidents involving the discharge of a firearm at a person by a peace officer or custodial officer, or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury. Assembly Bill-230: This bill requires that no later than January 1, 2021, every law enforcement agency establish and maintain a policy that provides guidelines on the use of force, utilizing de- escalation techniques and other alternatives to force when feasible, specific guidelines for the application of deadly force, and factors for evaluating and reviewing all use of force incidents, among other things. The bill requires that each agency makes their use of force policy accessible to the public. The City of Rohnert Park implemented these changes into department’s policy manual prior to the required deadline. All members of the department have received training on the policy changes and have acknowledged receipt of the new policy. Assembly Bill-392: This bill changed the language in Penal Code 196, (Justifiable Homicide) and Penal Code 835a, (Police Officer authority to use force), by redefining the circumstances under which a homicide by a peace officer is deemed justifiable to include when the officer reasonably believes, based on the totality of the circumstances, that deadly force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or to another person, or to apprehend a fleeing person for a felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless the person is immediately apprehended. Although there were several language changes made with AB-392, the significant change was removing the language, “Objectively Reasonable” and replacing the language with the word “Necessary” to define when an officer is justified in using deadly force. ITEM NO. 7.A. 3 The City of Rohnert Park implemented these changes into department’s policy manual prior to the required deadline. All members of the department have received training on the policy changes and have acknowledged receipt of the new policy. Assembly Bill-1506: Enacted as another police reform bill in response to several highly publicized incidents involving the use of deadly force by law enforcement officers, this bill increased the level of the California Attorney General’s oversight over local law enforcement’s use of deadly force. Prior to this bill, the Attorney General had discretionary authority to conduct investigations of officer- involved shootings. Effective July 1, 2021, the bill requires a state prosecutor from the Attorney General’s office to investigate any incident where an officer-involved shooting resulted in the death of an unarmed civilian – defined as any person not in possession of a deadly weapon. The bill authorizes the assigned state prosecutor to do the following as part of their investigation: • Investigate and gather facts related to the officer-involved shooting • Prepare and submit a written report that must include a statement of facts, detailed analysis and conclusion for each issue under investigation, and – if applicable – recommendations to modify the policies and practices of the law enforcement agency in question • Initiate and prosecute a criminal action against the officer if criminal charges are warranted. • The bill also requires the Attorney General to maintain a public website where these officer-involved shooting investigations are posted, subject to redaction for information that is required by law to be kept confidential. In addition to complying with AB 1506, the Rohnert Park Department of Public Safety also adheres to the Sonoma County Law Enforcement Chief’s Association Critical Incident Protocol. The protocol requires that all critical incidents, (officer involved shootings, use of force resulting in great bodily injury or death), be investigated by an outside agency not involved in the incident. At the conclusion of the investigation, the case is sent to the Sonoma County District Attorney’s Office for a review to determine if there is criminal culpability. At the completion of the District Attorney’s review, the Department of Public Safety has a second independent review by an outside auditor completed to determine whether there were any policy violations, or any needs for policy revisions. This process provides additional accountability during the review of a critical incident. Assembly Bill-846: This bill addresses the issue of racial profiling by shifting the focus away from officer training and onto the recruitment practices of local law enforcement agencies. The bill also requires that the mental and physical evaluation of an officer identify any implicit and explicit bias against race, ethnicity, nationality, gender, sexual orientation, religion or disability that would adversely affect the exercise of an officer’s powers. The Public Safety department currently adheres to this requirement during the Attitude assessment portion of the Polygraph exam, during the background investigation, and during the Psychological exam. AB-953 Racial Identity Profiling Act (RIPA): This bill was signed into law in an effort to curb the harmful and unjust practice of racial and identity profiling, and increase transparency and accountability with law enforcement agencies. Racial and identity profiling occurs when law enforcement officers stop, search, seize property, or interrogate a person without evidence of ITEM NO. 7.A. 4 criminal activity. These practices not only humiliate and frighten law abiding Californians, but also divert limited community resources away from evidence-based policing, thus making us all less safe. The bill requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agency’s peace officers, and requires the data reported to include specified information. This information includes the time, date, location of the stop, and the reason for the stop. Reporting requirements are based on the size of the agency is being implemented on a tier system. Agencies employing one or more but less than 334 peace officers are to issue their first annual report by April 1, 2023, with data from January 1, 2022 to December 31, 2022. Although the City of Rohnert Park is not required to begin the collection of RIPA data until January 1, 2022, our agency began collecting the data in March of 2021. All department personnel have received training in in the collection of RIPA data. Although we are currently in the pilot stage of the data collection, the department is leading the County in RIPA data collection. Pending California State Legislation Regarding Police Reform and Accountability Assembly Bill-17 and Senate Bill-2: (If Passed). These bills will disqualify a person from being a peace officer if the person has been discharged from the military for committing an offense that would have been a felony if committed in California or if the person has been certified as a peace officer and has had that certification revoked by the Commission on Peace Officer Standards and Training. The proposed bills will grant the Commission on Peace Officer Standards and Training the authority to investigate and determine the fitness of any person to serve as a peace officer in the state. It also gives the Commission authority to audit—without cause and at any time—any law enforcement agency that employs peace officers. The bills will authorize the Commission to suspend, revoke, or cancel a certificate issued to a peace officer because the person is ineligible to be a peace officer or because the person has been subject to a sustained termination for serious misconduct, as defined, on or after January 1, 2022. The bills will make each law enforcement agency responsible for investigation, findings, and actions by the agency on allegations of serious misconduct and would give the commission access to the agency files, while requiring the commission to be notified of and to review a peace officer’s file after three allegations of serious misconduct within five years. In addition, these bills establish the Peace Officer Standards Accountability Advisory Board to make recommendations on the decertification of peace officers to the commission. Every law enforcement agency will be required to notify the commission when a peace officer employed by that agency separates from employment. If a peace officer resigns or retires as a result of a pending complaint, charge, or investigation of serious misconduct, the law enforcement agency must complete the investigation into the serious misconduct within 90 days and report to the commission whether the complaint of serious misconduct was sustained, not sustained, unfounded, frivolous, or exonerated. The main difference between AB-17 and SB-2 is that SB 2, of passed into law, will remove the existing protection of “Qualified Immunity” from officers who commit certain crimes or acts of misconduct. Additional legislation currently moving through committees which if passed, will effect Law Enforcement agencies and personnel statewide. ITEM NO. 7.A. 5 Senate Bill-16 Peace Officers: Release of Records Summary: Makes every incident involving use of force to make a member of the public comply with an officer, force that is unreasonable, or excessive force subject to disclosure. Requires records relating to sustained findings of unlawful arrests and unlawful searches to be subject to disclosure. Assembly Bill-1022 Peace Officers: Use of Force Summary: Requires law enforcement use-of-force policies to require peace officers to immediately report potential excessive force, and to intercede when present and observing an officer using excessive force. Requires those policies to, among other things, prohibit retaliation against officers that report violations of law or regulation of another officer to a supervisor, and requires that an officer who fails to intercede be disciplined in the same manner as the officer who used excessive force. Assembly Bill-48 Law Enforcement: Kinetic Energy Projectiles Summary: Prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards. Prohibits their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. Includes certain standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings. Assembly Bill-89 Peace Officers: Minimum Qualifications Summary: Increases minimum qualifying age to become a peace officer. Permits an individual under a specified age to qualify for employment as a peace officer if the individual has a bachelor's or advanced degree from an accredited college or university. Specifies that these requirements do not apply to individuals of a certain age who are already employed as a peace officer as of the effective date of this act. Assembly Bill-490 Law Enforcement Policies: Arrests: Positional Asphyxia Summary: Prohibits a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined. Assembly Bill-594 Law Enforcement Policies Summary: Requires, for deadly use of force incidents other than those required to be investigated by the Attorney General, an agency to cause a criminal investigation of these incidents to be conducted. Prohibits a law enforcement agency from having primary responsibility for conducting the criminal investigation into those incidents involving an officer employed by that agency. Provides alternative protocols for investigations of those incidents. ITEM NO. 7.A. 6 Assembly Bill-603 Law Enforcement Settlements and Judgments: Reporting Summary: Requires municipalities to annually post on their internet websites specified information relating to settlements and judgments resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. Assembly Bill-655 California Law Enforcement Accountability Reform Act Summary: Requires the background investigation for peace officer candidates to include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation in hate group activities, or public expressions of hate, as those terms are defined. Provides that certain findings would disqualify a person from employment. Senate Bill-715 Criminal Law Summary: Authorizes the state prosecutor to investigate and gather facts in an incident involving a shooting by a peace officer that results in the death of a civilian if there is a reasonable dispute as to whether the civilian was armed. Exempts any licensed common carrier involved in the delivery of a firearm, or a licensed manufacturer of ammunition, from the requirement that the sale, transfer, or loan of a firearm to be processed through a licensed firearm dealer. Assembly Bill-1599 Peace Officers: Investigations of Misconduct Summary: Requires a law enforcement agency or oversight agency to complete its investigation into an allegation of the use of force resulting in death or great bodily injury, sexual assault, discharge of a firearm, or dishonesty relating to the reporting, investigation, or prosecution of a crime or misconduct by another peace officer or custodial officer, despite the peace officer's or custodial officer's voluntary separation from the employing agency. Assembly Bill-750 Crimes: Perjury Summary: Makes it a crime for a peace officer to make a false statement to another peace officer if that statement is included in a peace officer report. Assembly Bill-958 Peace Officers: Law Enforcement Cliques Summary: Defines a law enforcement clique, a group of law enforcement officers within an agency that engages in a pattern of specified unlawful or unethical on-duty behavior, and would require law enforcement agencies, as specified, to have a policy prohibiting ITEM NO. 7.A. 7 law enforcement cliques and making participation in a law enforcement clique grounds for termination. Assembly Bill-1475 Law Enforcement: Social Media Summary: Prohibits, except as specified, a police department or sheriff's office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a nonviolent crime. Department Policies, Practices, Procedures Rohnert Park Department of Public Safety Policy Manual: The Rohnert Park Department of Public Safety strives to maintain policies that are in accordance with the most recent case law and state law as well as modern police practice. The Rohnert Park Department of Public Safety utilizes a policy manual produced by Lexipol, which is used by 93% of the law enforcement agencies in California. Authoring policies requires continued tracking of hundreds of legislative actions each year along with following court decisions that become case law. Further, input from subject matter experts is important in assuring policies are written in alignment with modern, best practice strategies in mind. All policies utilized by the Rohnert Park Department of Public Safety are under the control of the department. No policy issued by Lexipol is implemented without vetting by Department Command Staff, and where necessar y, review by the City Attorney’s Office. If amendments are desired, staff may amend the policy prior to implementation. Our policies are available for anyone to review on the City’s website. The Department of Public Safety is constantly evaluating the current practices within the organization in an effort to improve our level of service to the community, continue building trust with the community, and become increasingly transparent to our community. Body-Worn Cameras: The Department implemented body-worn cameras as an accountability measure in 2016. Body-worn cameras are a useful tool to capture personnel’s interactions with members of the public. Video of incidents are reviewed by supervisors and managers to evaluate the conduct of our personnel and provide feedback to improve performance. Video is also used to ensure our staff provides the level of service to the public in their interactions. IA Pro/Blue Team Implementation: In Jul y 2019 the Department purchased a software tracking program in order to capture all citizen complaints, use of force incidents, discipline, and commendations on all Department personnel. Prior to implementation of this new software, use of force was not tracked by officer and had to be pulled from the Records Management System by hand. Due to the tedious work required to identify uses of force, and the inability to guarantee all of the data was identified, information collected may not have been completely accurate in the past. With IA Pro/Blue Team, the department enters all uses of force into the data base for tracking purposes. All uses of force are reviewed by the supervisor and sent upward through the chain of command, stopping at the Deputy Chief’s office. The review process is in place to determine whether the officer’s actions fall within state law and department policy. The review also identifies possible training issues. During supervisory and Command Staff review, policy issues identified will trigger an Internal ITEM NO. 7.A. 8 Investigation, while identified training issues are forwarded to the appropriate team, (weaponless defense, firearms, or defensive tactic). Transparency Relating to Use of Force Law enforcement entails the difficult and admirable job of providing critical services to the community they protect and serve. The pure nature of the job creates situations that place officers in harm’s way, which may require them to use force. However, it is imperative that police officers conduct themselves with the highest standards of professionalism and accountability. The use of force, in the context of law enforcement, can be defined as the “amount of effort required by police to compel compliance by an unwilling subject.” The use of force by an officer is governed by both law and agency policy. In addition, police officers are given an inherent trust by the community they serve and must value and understand their responsibility in maintaining that trust. Every member of the Rohnert Park Department of Public Safety understands the importance of using only that force necessary to stop the unlawful resistance they are experiencing from a subject being lawfully detained. It is the expectation that every member of the Rohnert Park Department of Public Safety understand and adhere to the principle that every person who lives, works, visits, or travels through Rohnert Park can be confident in an expectation that any interaction with the police will be fair and free from bias or discrimination. In an effort to provide transparency, while at the same time working within the constraints of current law, the City of Rohnert Park Department of Public Safety will be publishing the following definitions to better understand the different levels of force, as well as use of force statistics on our Public Safety Transparency web page. Definitions The following are not categorized as a “Use of Force” Officer Presence/Verbal directions: The mere presence of a law enforcement officer works to deter crime or diffuse a situation, provided the officer’s attitude is professional and non-threatening. Verbalization: Officers issue calm, non-threatening commands. Officers may need to raise their voice and shorten commands to gain compliance. The following are categorized as a “Use of Force” Control Hold/Empty Hand Control: An officer uses grabs, holds, and joint locks to restrain an individual. Officers may be required to use punches or kicks to restrain an individual. (*Note: Although the statistical information refers to and includes the use of the Carotid Restraint, the Rohnert Park Department of Public Safety no longer authorizes the use of the Carotid Restraint by its Public Safety Officers.) Restraint: The use of a leg wrap or hobble to prevent a subject from using his/her legs and feet to kick law enforcement personnel. Less Lethal methods: The three most common uses of less lethal force are: ITEM NO. 7.A. 9 -Blunt impact: An officer uses a baton or projectile to immobilize a combative person. -Chemical: An officer uses chemical spray, (e.g., pepper spray), to subdue a combative person. -Conducted Energy Device: An officer uses a TASER to subdue a combative person. Lethal/Deadly force: Officers may use a deadly weapon to stop an individual’s actions. Deadly force is only authorized when a subject poses an immediate threat of loss of life or serious bodily injury to the officer or another individual. The following is categorized as a “Threat of the Use of Force” Show of Force: An officer draws and exhibits their baton, TASER, or firearm in order to gain compliance (e.g., when an officer encounters an occupied stolen vehicle, the officer will conduct a “high risk traffic stop” which includes drawing their firearm as a result of an in-progress felony crime.) Statistical Data In addition to identifying the number of times force was used by officers within the Rohnert Park Department of Public Safety, the data also provides a look at use of force as it pertains to the demographics of the City. The information provided is based on statistics available to the Department beginning January 1, 2020, through March 31, 2021. Although Officer Presence and Verbalization are not found in the following graphs, they are identified as the lowest levels of force on the use of force continuum. Officer presence and verbalization are going to be present at every contact between and officer and an individual. ITEM NO. 7.A. 10 ITEM NO. 7.A. 11 ITEM NO. 7.A. 12 The statistical data used in this document was gathered from the Rohnert Park Department of Public Safety Records Management System used to track all reports, arrests, and calls for service. The Use of Force statistical data was obtained through the department IA Pro/Blue Team software ITEM NO. 7.A. 13 In addition to Use of Force information, we have provided a statistical breakdown of the traffic enforcement by members of the Rohnert Park Department of Public Safety during the time period of January 1, 2019 thru March 31, 2021. ITEM NO. 7.A. 14 ITEM NO. 7.A. 15 Recent Changes to Department Policies, Practices, and Procedures Staff has moved forward on the following items which are already in progress or have been completed. Prohibit Carotid Restraint: The focus of increased scrutiny by community members nationwide caused a review of RPDPS Use of Force policies. The Director of Public Safety removed the use of the Carotid Restrain from the use of force policy. Completed June 12, 2020 Implement SB230 Requirements Prior to January 2021 Mandate: SB230 was passed in 2019 at the same time as AB392. Staff has received an updated Use of Force policy that incorporates the requirements of SB230 and AB 392. Completed November 1, 2020 Police Department Bias Training: State law requires peace officers receive bias training every five years. The RPDPS is determined to significantly increase the department requirement for bias training to a minimum of every two years. The department will seek a variety of training courses such that the training is assured to be fresh and interactive. In progress Community Outreach/Discussion: We recognize an important component of high performing organizations is soliciting feedback through community interaction—specifically, hearing what the community has to say. The Director of Public Safety currently hosts a “Chat with the Chief’ the first and third Tuesday of every month. The department is committed to continuing this conversation to understand the community’s experiences, and to learn how the Department of Public Safety can better serve the community in a fashion where all persons, regardless of ethnicity, feel protected and safe. Due to the current restrictions in place, these discussion are currently taking place on a virtual platform. In progress City Administration and the Department of Public Safety are working to develop additional ideas and programs designed to involve the community, provide new platforms to increase communication, and provide more transparency. Similarly, we are developing recommendations for further enhancements of police accountability. As we develop those recommendations, staff is interested in hearing more from the City Council regarding its collective intent with respect to the strategic priority of: Police/Community Relations and Accountability. STRATEGIC PLAN ALIGNMENT: This report reflects the Strategic Plan’s goals of delivering effective public services, and practicing participative leadership. FISCAL IMPACT/FUNDING SOURCE: There is no additional fiscal impact from receiving and accepting this report. Costs for activities directed by Council may need additional appropriations for Administration, City Attorney, and Public Safety departments in order to support the administrative needs and reviews to accomplish goals. Department Head Approval Date: May 5, 2021 Finance Director Approval Date: N/A City Attorney Approval Date: May 5, 2021 City Manager Approval Date: May 6, 2021 ITEM NO. 7.B. 1 Meeting Date: May 11, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Consider Adopting a Resolution Declaring a Water Shortage Emergency, Implementing Phase 1 Mandatory of the City’s Urban Water Shortage Contingency Plan and Requesting Customers to Reduce Water Use by Twenty Percent RECOMMENDED ACTION: Adopt a Resolution Declaring a Water Shortage Emergency, Implementing Phase 1 Mandatory Measures of the City’s Urban Water Shortage Contingency Plan and Requiring Customers to Reduce Water Use by Twenty Percent. BACKGROUND: The state of California, and the Russian River Watershed in particular, is in the second consecutive year of extremely dry conditions due to historically low rainfall totals. While Lake Sonoma, the primary water supply reservoir for the Sonoma County Water Agency (Sonoma Water) currently contains approximately two years of water supply, federal, state and county official have declared a drought emergency in an effort to ensure that appropriate actions are taken to minimize water waste and non-essential uses and maximize efficient use of the available water supply. Sonoma Water will be requesting some modifications to the water releases from both Lake Mendocino and Lake Sonoma that are required by its water rights permits, which are issued by the State Water Resources Control Board. Sonoma Water expects that as part of granting these modifications, the State Water Resources Control Board will require demonstrated water conservation efforts. In order to respond to these conditions, staff has reviewed the City’s Urban Water Shortage Contingency Plan and is recommending that the City Council active Stage 1 Mandatory Water Conservation, which is intended to result in conservation savings of approximately twenty percent. ANALYSIS: Rohnert Park has a relatively robust water supply portfolio that includes purchased water from Sonoma Water, local groundwater and recycled water purchased from the Subregional System. Because of this robust portfolio, a reduction in one source of supply does not immediately trigger need for conservation, because the remaining sources can be used to “make up” the difference. However because all the City’s water sources are located within the same watershed persistent drought conditions will impact them all. Rohnert Park Municipal Code (RPMC) Section 13.05 requires that the City maintain a water shortage contingency plan that guides its actions in the event of a water shortage emergency. The City’s most 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 recent water shortage contingency plan was approved in 2016 with the City’s Urban Water Management Plan. The Water Shortage Contingency Plan outlines the water conservation stages and actions that the City can declare in response to supply shortages. Table 1 below provides a summary of the water conservation stages as outlined in the Water Shortage Contingency Plan. Table 1 – Water Conservation Stages Water Conservation Stage Water Supply Conditions Percent Demand Reduction Stage 1 Voluntary Up to 15% reduction in supply 10% Stage 1 Mandatory Between 15% and 30% reduction in supply 20% Stage 2 Mandatory Between 30% and 40% reduction in supply 25% Stage 3 Mandatory Up to 50% reduction in supply 25% The Water Shortage Contingency Plan also outlines the conservation actions that the City will request (in the case of Stage 1 Voluntary) or require (in all the other cases) when a water shortage is declared. The actions are outlined below. Stage 1 Voluntary • The application of potable water to outdoor landscapes in a manner that causes runoff onto adjacent property, non‐irrigated areas, private and public walkways, roadways, parking lots, or structures is prohibited. • The use of a hose that dispenses potable water to wash a motor vehicle is prohibited, except where the hose is fitted with a shut‐off nozzle. • The application of potable water to driveways and sidewalks is prohibited except when necessary to protect human health and safety. • The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. • The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited • Drinking water will be served only upon request at eating or drinking establishments. • The operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. • All new construction shall comply with the Model Water Efficient Landscape Ordinance and the California Building Standards Commission and the Department of Housing and Community Development requirements for irrigation systems. Stage 1 Mandatory All actions established in the previous stage plus: • Irrigation is limited to hours of 8:00 pm to 6:00 am. • Nonpotable water shall be used for construction purposes wherever feasible. ITEM NO. 7.B. 3 Stage 2 Mandatory All actions established in the previous stage plus: • Filling new swimming pools is prohibited. • Filling or topping‐off of existing swimming pools is prohibited. • No water‐using landscape installation in new construction. Stage 3 Mandatory All actions established in the previous stage plus: plus: • New construction must offset new demand by conserving the equivalent of half the demand within the community. Given the regional support for a twenty percent demand reduction, staff is recommending that the City Council implement Stage 1 Mandatory measures with a goal of reducing demand by twenty percent. Water conservation programs and drought response are by their nature evolving programs. The City works with the Sonoma Marin Water Saving Partnership to help ensure that water conservation and messaging strategies are coordinated and actions requested by the regional partnership may change. Staff monitors and reports on monthly water use to the state so there is regular check on the effectiveness of our actions and conservation programs. Because of these facts, staff may return to Council over the course of the summer and request modifications to the implementation of the Water Shortage Contingency Plan and additional conservation actions. Finally, staff has been working to outline the internal procedures for education and enforcement around the water conservation program. Staff from both Public Works’ Water Utility and Code Compliance will work together to support the enforcement of required conservation actions. STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with Strategic Plan Goal C – Ensure the Effective Delivery of Public Services. Minimizing water waste and maximizing water use efficiency is necessary to ensure that the City’s water utility can meet core public health and safety needs during this drought emergency. OPTIONS CONSIDERED: None. The proposed action is consistent with regional efforts to conserve Sonoma Water’s supply during this period of drought emergency. FISCAL IMPACT/FUNDING SOURCE: The proposed action is likely to have a fiscal impact on the City’s water utility but the impact is difficult to quantify at this time. While conservation by customers will reduce water rate revenues, the City is also proposing to reduce its purchases from Sonoma Water and increase the use of local groundwater, which reduces costs. The water enterprise fund has emergency reserves to support ongoing operations in the event of emergencies. Department Head Approval Date: 04/29/2021 Finance Director Approval Date: NA City Attorney Approval Date: 05/04/2021 City Manager Approval Date: 05/05/2021 Attachments: 1. Resolution RESOLUTION NO. 2021-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING A WATER SHORTAGE EMERGENCY, IMPLEMENTING PHASE 1 MANDATORY MEASURES OF THE CITY’S URBAN WATER SHORTAGE CONTINGENCY PLAN AND REQUIRING CUSTOMERS TO REDUCE WATER USE BY TWENTY PERCENT WHERE0AS, the City of Rohnert Park is empowered to provide water service within certain boundaries; and WHEREAS, the City of Rohnert Park has the authority and responsibility to adopt water demand reduction measures within its area of service; and WHEREAS, due to the current water shortage emergency, a demand reduction of twenty percent is consistent with regionally supported plans to manage the emergency, to ensure adequate supply and to comply with regulatory directives; and WHEREAS, staff is recommending implementation of Stage 1 Mandatory measures of the City’s Urban Water Shortage Contingency Plan to respond to the water supply condition. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Rohnert Park declares a water shortage emergency and directs staff to implement a program of demand management as defined by Stage 1 Mandatory of the City’s Urban Water Shortage Contingency Plan to realize community-wide water reduction of twenty percent. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate the implementation of the City’s Urban Water Shortage Contingency Plan attached hereto as Exhibit A. DULY AND REGULARLY ADOPTED this 11th day of May, 2021. CITY OF ROHNERT PARK ____________________________________ Gerard Giudice, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Exhibit A – Stage 1 Mandatory Conservation Measures ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A Stage 1 Mandatory Water Conservation Measures 1. The application of potable water to outdoor landscapes in a manner that causes runoff onto adjacent property, non‐irrigated areas, private and public walkways, roadways, parking lots, or structures is prohibited. 2. The use of a hose that dispenses potable water to wash a motor vehicle is prohibited, except where the hose is fitted with a shut‐off nozzle. 3. The application of potable water to driveways and sidewalks is prohibited except when necessary to protect human health and safety. 4. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. 5. The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited 6. Drinking water will be served only upon request at eating or drinking establishments. 7. The operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. 8. Irrigation is limited to hours of 8:00 pm to 6:00 am. 9. All new construction shall comply with the Model Water Efficient Landscape Ordinance and the California Building Standards Commission and the Department of Housing and Community Development requirements for irrigation systems. 10. Nonpotable water shall be used for construction purposes wherever feasible.