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2021/07/13 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, July 13, 2021 Open Session: 5:00 PM PUBLIC PARTICIPATION: The Rohnert Park City Council welcomes your attendance, interest and participation at its regular meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chambers with modified protocols. Those who are not fully vaccinated against COVID-19 must wear a mask or face covering when attending. To maximize public safety while still maintaining transparency and public access, members of the public are encouraged to 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 PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance with a maximum allowance of 30 minutes allotted per comment period, with time limits subject to modification by the City Council in accordance with the adopted City Council Protocols). Please fill out a speaker card prior to speaking. Members of the public may also provide advanced comments 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 emails will be not be read for the record but will be provided to Council. Please note that all e-mails sent to the City Council are considered to be public records and subject to disclosure under the California Public Records Act. 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 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. 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Adams_____Linares_____Stafford_____Elward_____Giudice_____) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS 3.A Mayor's Proclamation: In support of the Sonoma County United in Kindness Campaign Item 3.A. 4. DEPARTMENT HEAD BRIEFINGS 4.A 4th of July Briefing by Director of Public Safety Mattos Item 4.A. PowerPoint Presentation 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 5.A Supplemental Item Item 5 Supplemental 6. CONSENT CALENDAR 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 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_____) 6.A Acceptance of Reports from Finance Department: 6.A.1. City Bills/Demands for Payment dated June 15 through July 6, 2021 6.A.2. RPFA -Cash Report for Month Ending May 31, 2021 6.A.3. Housing Successor Agency - Cash Report for Month Ending May 31, 2021 6.A.4. Successor Agency - Cash Report for Month ending May 31, 2021 6.A.5. City Cash Report for Month ending May 31, 2021 6.B Approval of Minutes for: 6B1 City Council/RPFA/Successor Agency Joint Regular Meeting, June 22, 2021 6B2 City Council/RPFA/Successor Agency Joint Special Meting, July 6, 2021 6.C Adopt Resolution 2021-084 Authorizing and Approving a Public Improvement and Public Facilities Fee Credit Agreement with the University District LLC for the Keiser Avenue Phase 2B Project (CEQA: Consistent with the University District EIR) Item 6.C. 6.D Adopt Resolution 2021-085 Acknowledging Completion of Certain Dry Utility Improvements Associated with the Bristol Development and Directing Related Actions Item 6.D. 6.E Adopt Resolution 2021-086 Authorizing and Approving a Master Service Agreement and Task Order 2021-01 with Opticos and Related Actions Item 6.E. 6.F Adopt Resolution 2021-087 Approving the Position Title, Salary Range and Associated Job Description for a Senior Planner in the Development Services Department Item 6.F. 7.REGULAR ITEMS 7.A Discussion and Direction Regarding an Update on an Alternative Response Model to Mental Health/Crisis Calls for Service, and Homelessness Issues not Requiring a Law Enforcement Response A. Staff Report B. Public Comments C. Council discussion/direction Item 7.A. Item 7.A PowerPoint Presentations 7.B Consider Adopting a Council Policy for Outdoor Display of Flags at City Facilities A. Staff Report B. Public Comments C. Council discussion/direction Item 7.B. 7.C Consideration and Adoption of Resolution Approving the First Amendment to Employment Agreement Between the City of Rohnert Park and Darrin Jenkins for City Manager Services A. Staff Report B. Public Comments C. Resolution for Adoption: Resolution 2021-088 Approving the City Manager Employment Agreement Between the City of Rohnert Park and Darrin Jenkins D. Council motion/roll call vote (Adams_____Linares_____Stafford_____Elward_____Giudice_____) Item 7.C. 8.COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. 8.A Standing Committee Reports: 8.B Liaison Reports: 8.C Outside Agency Appointment Reports: 1.Association of Bay Area Governments General Assembly Special Meeting Business Meeting (6/25) 2.Sonoma Clean Power Authority Board of Directors Meeting (7/1) 3.Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Board of Directors Meeting (7/12) 8.D Other Reports: 9.COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 10.MATTERS FROM/FOR COUNCIL Any member of the City Council may place an Item on “Matters from/for Council” before the City Council meeting by providing the City Manager with the title of the item before the agenda is published. The purpose of the City Council discussion on such item will be to determine whether it will be placed on a subsequent agenda for deliberation and action. A concurrence of two Councilmembers will be sufficient to add the item on a subsequent agenda. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 11.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 12.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, Elizabeth Machado, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on July 8, 2021 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 8th day of July, 2021 at Rohnert Park, California. Elizabeth Machado Office of the City Clerk PPP rrr ooo ccc lll aaa mmm aaa ttt iii ooo nnn A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK In support of the S ONOMA C OUNTY U NITED IN K INDNESS C AMPAIGN Whereas, on June 9th of this year, the Sonoma County Board of Supervisors unanimously approved a Gold Resolution, endorsing the Sonoma County United in Kindness Campaign; and Whereas, the United in Kindness Campaign promotes and encourages all Sonoma County residents to find ways to foster and sustain acts of kindness throughout the community; and Whereas, recognizing that kindness is at the core of what it means to be human; and Whereas, acknowledging that positive relationships are grounded in kindness; and Whereas, all of us benefit from living in a community in which kindness is a guiding principle; and Whereas, half-million Sonoma County neighbors come from diverse backgrounds, beliefs, and traditions in pursuit of joyful and healthful living; and Whereas, freedom from hateful speech, bullying, discrimination, and violence is a human right; and Whereas, children and youth require a place to grow and learn in peace and safety, guided in kindness and caring; and Whereas, research shows that social and emotional skills, including kindness, can be taught and learned, that children benefit from these lessons, and that children who participate in school programs designed to teach social and emotional skills improve their behavior toward others, have better academic performance, and show improved social-emotional awareness; and Whereas, schools with hostile cultures, where kids feel threatened and distracted, make learning more difficult; and Whereas, the United In Kindness Campaign actively works with Sonoma County schools to promote sustainable, self-guided discussions on inclusiveness, respect for others, anti-bullying, and daily acts of kindness with students; and Whereas, in order to sustain the resilience, health, and safety of all Sonoma County residents, we must affirm trust in a social fabric that promotes and encourages, acts of kindness and that disallows harm to individuals and groups based on ability, age, appearance, ethnicity, gender identity, language, race, religion, sexual orientation, and socio-economic position; and Item 3.A. Whereas, over 1500 individual Sonoma County residents have signed the United In Kindness Declaration of Unity and 43 Sonoma County organizations, secular and non-secular, have endorsed the United In Kindness Declaration of Unity; and Be it Resolved that I encourage the residents of Rohnert Park and Sonoma County to find ways to foster and sustain acts of kindness throughout the community, in their daily life and activities. Be it Further Resolved that I encourage our leaders in education, government, business, health, and faith to build, affirm, and promote, through education and initiatives in their areas of influence, a County that promotes kindness and honors human rights. Now, Therefore, Be It Proclaimed that I, Gerard Giudice, Mayor of the City of Rohnert Park, on behalf of the City Council, do hereby support the Gold Resolution and endorse the United In Kindness Campaign. Duly and Regularly Proclaimed this 13th day of July, 2021. CITY OF ROHNERT PARK Gerard Giudice, MAYOR INNI av) �. 0 t. oCO Twil 4-1 IN C i= o CliMI . 4- 4 elk -+ { as i J .._ •. �' O w o CI O N i P... -, irli, N lit ,,e%„i'I; 2ti '' O,ie a) C F C 0 � W�/ �` L y- U a Q aj > CD — oC ++ Cl- � _C aU C 0 �-' cu cu O U U CU > a. '> .— CD 0 CI aI Q co V) > V 0_ C O - a) +�1 .> S- � � Q 4.-1 a) — - 0 cn Cla U CL V) D V CC ° - " •.bp _— � 0 CL U a_ w O lD cn ct N Cr) (N Cr) r i -' -- C - .-'- j ioow.•wrn • +, f� . =f,_ _ ____I . (tee%1.:.,.,� 3 i D 3 g i • .. `` <,.. i 17- ` ,—_ t _ 3 \ , II —."— .2 .. ' :1 '�\-' `�s 1F `• NI v^�w ' ,%.ti p°' i i 3 'y s4 f 1i$#3 . ii 3 a \. • Y .h Wc. u•xn o f 5 : /`, a a 1 I S € _ Z 8 •I;+ .a,\\``i / fr fi I 3 ' ;~fir - r k 1 1 . 00b0 N CO 01 O N 0000 • • OOEO .-1 N N OOZO Cr m N N OO t 0 .-i N ,--i 0/� L 0 0000 N tD N Lr1 {� 0 .--1 N N m O OO�Z 00ZZ m Ui 03) out? lD 00 Ql Ol • 000Z °r,° om m m P Mt„ 0061 0o N L 0081 o o 00LI d• o a, o 0091 m tc. '0 m x OOST Ui 'n id00bt 00 iD 000 D o 0 0 00 0l o .i rl r1 N N 0000 N N N N M I-I al Ql O Cr al N O ,--I CO N Ql r-I NO tr, cr, In f--- Cr) (.1) O m N N M LCrn 0 N N M >- Z w Z C7 CC N Z w w Z w 7 H 3 ..._. LIN w l 4 0 C N Y, I • f % C N V) 4-1 0 Q a) L a) c6 }i U Sum .1 1 O 0 C -125 �. taa a o cu #µ fV 7 a) }J C • Q z o L co aJ C 0 C a) 0 Q Q U 47- .— —0 C 11Z U 4J C C-4L- CL) -0 -0 ro (i) 0 _ 0 CV.) • 0 —C 1 CL •aim 0- kof) ro cu ro is ems 4m. 4-1 CU CI) s- , •moo -C sir 0 47- 0 CD 4-, 'CD CU ._ t m m r- % _ m z m * 0 @ 1-0 Vr 1-1 • \ \ cc - \ \ / [ / \ k \ } Z \ \ % + � 0 ƒ \ z / @ 2 \ 5 3 2 § 0 2 3 5 ± § G / 0 > - / ti ie is C 0 ._ a� a From:Benjamin Smith To:Public Comment Cc:Merith Weisman; Carmen Works; Robert Eyler Subject:Public Comments (traffic safety issues around SSU) Date:Monday, July 12, 2021 5:00:58 PM EXTERNAL EMAIL Dear Rohnert Park Council Members, I'm writing on behalf of a group of Sonoma State faculty with regards to a concern for pedestrian safety around the SSU campus. We ask the city of Rohnert Park to investigate the need for additional crosswalks and/or other traffic-slowing measures along both the southern entrances to campus along E. Cotati Avenue and the northern entrance on the Rohnert Park Express. We do this in response to the tragic death of Hugo Ramirez, who was struck by a car as he walked from the SSU campus to the Seawolf Den Plaza (i.e., on the south side of campus). There is a considerable amount of pedestrian and bike traffic that crosses from campus to Bodway Ave. or across E. Cotati to businesses in the Seawolf Den Plaza. Although the northern entrance to campus has not yet seen a similar tragedy, we note an increased amount of pedestrian and bike traffic there (due to the University District Development). These points of circulation on the northern and southern sides appear in need of additional safety measures. We note, in particular, the traffic safety measures in place near Rancho Cotate High School and the Santa Rosa Junior College as possible models for this work. Thanks for your attention to this matter. My best, Ben Smith -- Benjamin Smith https://sonoma.academia.edu/BenjaminSmith Associate Professor of Human Development Human Development Program Coordinator smithbe@sonoma.edu 1801 E. Cotati Avenue Rohnert Park, CA 94928 Sonoma State University Item 5 Supplemental Item 6.A.1. Item 6.A.2. Item 6.A.3. Item 6.A.4. Item 6.A.5. 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, June 22, 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 5:04 p.m., the notice for which being legally noticed on June 17, 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 Absent: Pam Stafford, Councilmember Staff present: City Manager Jenkins, IS Operations Manager Rowley and City Attorney Kenyon. Staff attending via Zoom Video Communications: Assistant City Manager Schwartz, Development Services Director Pawson, Finance Director Bali, Director of Public Safety Mattos, Director of Public Works McArthur, Human Resources Director Perrault, Deputy Director of Community Services Bagley, Deputy City Engineer Garrett, Planning Manager Beiswenger, Fire Marshal Thompson, Housing Administrator Garcia, Senior Analyst L. Tacata, Senior Code Compliance Officer Kirk, Management Analyst Beran, Deputy City Clerk Machado and City Clerk Lopez Cuevas. 2.PLEDGE OF ALLEGIANCE Led by Mayor Giudice. 3.PRESENTATIONS Mayor's Proclamation: Declaring July 2021 as “Parks Make Life Better!” Month Mayor Giudice read the Proclamation and presented it to Cindy Bagley, Deputy Director of Community Services. Item 6B1 City of Rohnert Park Joint Regular Meeting Minutes for City Council June 22, 2021 RPFA/CDC Successor Agency Page 2 of 8 4. DEPARTMENT HEAD BRIEFING Illegal Fireworks Fines Annual Reminder by Public Safety Director Mattos. Director of Public Safety Mattos spoke about the use the Nail ‘Em App to report illegal firework activity, and public outreach. He also emphasized the use of only “Safe and Sane” fireworks or risk fines of $1,000. City Manager Jenkins informed that Cal-OSHA regulations regarding face covering and social distancing were voted on after the agenda for this meeting was published. Now that there are new protocols in place, we are working towards welcoming the public in chambers at a meeting in July. City Manager Jenkins informed that Rohnert Park was awarded "2020 Best Business Friendly City.". The June 2021 North Bay Magazine issue states our City also won this award for 2021. 5. PUBLIC COMMENTS Deputy City Clerk Machado read comments submitted by: Eris Weaver, who spoke about the proposed location and design for the 101 bike/ped overcrossing; Kelly Child and Steve Keith who spoke about in person city council meetings; and Bonnie Black, who spoke about an act of kindness by Rohnert Park Public Safety Department that she observed. 6. CONSENT CALENDAR 6.A Acceptance of Reports from Finance Department: 6.A.1. City Bills/Demands for Payment dated June 1, 2021 through June 14, 2021 6.A.2. Successor Agency to the CDC Bills/Demands for Payment dated May14, 2021 through June 14, 2021 6.B Approval of Minutes for Foundation Board Special Meeting and City Council/RPFA/Successor Agency Joint Regular Meeting, June 8, 2021 6.C Approval of Proposed Mural to be Painted on the Futsal Courts at Alicia Park by American Panna Championship, Recipient of Rohnert Park Foundation’s Small Grant Program 6.D Authorize the City Manager to Sign Agreements with Catholic Charities of the Diocese of Santa Rosa for (1) Mobile Outreach Services for the City of Rohnert Park for Fiscal Year 2021-22, and (2) Rapid Rehousing and Master Lease Housing Services for the City of Rohnert Park for Fiscal Year 2021-22 Pulled by Councilmember Adams 6.E Adopt and waive second reading of Ordinance 955, an Ordinance of the City Council of the City of Rohnert Park, California, acting in its capacity as the Legislative Body of City of Rohnert Park Community Facilities District No. 2021- 01 (Bristol Services), Authorizing the Levy of a Special Tax within said Community Facilities District 6.F Adopt Resolution 2021-071 Approving the Project List For SB 1 Funding from the State Road Maintenance and Rehabilitation Account (RMRA) and Authorizing Submittal of the Project List to the California Transportation Commission 6.G Adopt Resolution 2021-072 Authorizing the City Manager to Enter into a Consultant City of Rohnert Park Joint Regular Meeting Minutes for City Council June 22, 2021 RPFA/CDC Successor Agency Page 3 of 8 Services Agreement with Petaluma Health Center for Gambling Assessment and Treatment Services and Increasing FY 2021/22 Appropriations in the Problem Gambling Special Revenue Fund 6.H Adopt Resolution 2021-073 Authorizing the City Manager to Create a New Capital Improvement Project (CIP) No. 2021-03, “Citywide Access Control Replacement Project”, Increase Appropriations to the Capital Improvement Program, and Increase Funding for the Citywide Access Control Replacement Project No. 2021-03 6.I Adopt a Resolution 2021-074 Approving the Tentative Agreement on Four Year Proposal with the Service Employees’ International Union (SEIU) Local 1021 – Maintenance Workers Dated June 9, 2021; and Adopt Resolution 2021-075 Approving the Memorandum of Agreement with the Service Employees’ International Union (SEIU) Local 1021 – Maintenance Workers for the Period of June 22, 2021 through June 30, 2025 6.J Adopt a Resolution 2021-081 Approving the Tentative Agreement on Four Year Proposal with the Rohnert Park Public Safety Managers Association (RPPSMA); and Adopt Resolution 2021-082 Approving the Memorandum of Agreement with the Rohnert Park Public Safety Managers Association (RPPSMA) for the Period of June 22, 2021 through June 30, 2025 ACTION: Moved/seconded (Adams/Linares) to approve the consent calendar with the exception of Item 6.D. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford 6.D Authorize the City Manager to Sign Agreements with Catholic Charities of the Diocese of Santa Rosa for (1) Mobile Outreach Services for the City of Rohnert Park for Fiscal Year 2021-22, and (2) Rapid Rehousing and Master Lease Housing Services for the City of Rohnert Park for Fiscal Year 2021-22 Housing Administrator Garcia, Assistant City Manager Schwarz and Matthew Verscheure from Catholic Charities were present to answer questions of the Council. ACTION: Moved/seconded (Adams/Elward) to approve Item 6.D. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford 7. REGULAR ITEMS A. PUBLIC HEARING (Noticed on Friday, June 4, 2021): Conduct a Public Hearing and Consider Changing the Fee Schedule and Adding a Recycled Water and Landscaping Permit (CEQA Status: Exempt). Deputy City Engineer Garrett presented this item. Recommended Action(s): Conduct a public hearing and adopt Resolution for City of Rohnert Park Joint Regular Meeting Minutes for City Council June 22, 2021 RPFA/CDC Successor Agency Page 4 of 8 Adoption: Resolution 2021-076 amending the Engineering Fee Schedule to Add a Recycled Water Permit and a Landscaping Permit. Public Hearing Opened: 6:00 p.m. PUBLIC COMMENTS: None. Public Hearing Closed: 6:01 p.m. ACTION: Moved/seconded (Linares/Elward) to adopt Resolution 2021-076. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford B. PUBLIC HEARING (Noticed on Friday, June 4, 2021 & Friday, June 11, 2021): Conduct a Public Hearing to Hear Protests to Resolution 2021-057 which declared Weeds to be a Nuisance and Requiring Weed and Rubbish abatement and adopt a Resolution Ordering the Abatement of Weed and Trash Nuisances Existing within the City of Rohnert Park. Fire Marshal Thompson presented this item. Recommended Action(s): Adopt Resolution 2021-077 Ordering the Abatement of Weed and Trash Nuisances Existing within the City of Rohnert Park. Public Hearing Opened: 6:05 p.m. PUBLIC COMMENTS: Deputy City Clerk Machado read a comment submitted by Julie Royes, who spoke about this item. Public Hearing Closed: 6:07 p.m. ACTION: Moved/seconded (Linares/Elward) to adopt Resolution 2021-077. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford. C. Discussion and Direction on Appealing the Sixth Cycle Regional Housing Needs Allocation (RHNA) for Rohnert Park. Housing Administrator Garcia presented this item. Recommended Action(s): Receive a presentation on the Sixth Cycle Regional Housing Needs Allocation (RHNA) and provide direction to staff on whether or not to submit an appeal of the Draft RHNA Allocations for Rohnert Park for the Sixth RHNA Cycle. PUBLIC COMMENTS: None. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 22, 2021 RPFA/CDC Successor Agency Page 5 of 8 ACTION: By consensus (none opposed), Council directed staff move forward with their recommended action to not to appeal the Draft RHNA Allocations for Rohnert Park for the Sixth RHNA Cycle. D. Discussion and Direction Regarding Council Policy for Outdoor Display of Flags at City Facilities. City Manager Jenkins presented this item. Recommended Action(s): Provide direction to staff Regarding Council Policy for Outdoor Display of Flags at City Facilities. PUBLIC COMMENTS: Deputy City Clerk Machado read a comment submitted a resident who spoke about this item. ACTION: Moved/seconded (Giudice/Linares) to direct staff to bring back a flag policy for adoption at the July 13, 2021 City Council Meeting. The policy is to allow the City to fly Federal, State, City and Warning Flags. The Policy will also include the following Ceremonial Flags: Pride, POW/MIA and Juneteenth. Motion carried by the following 4-0-1 vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford. E. Presentation on Climate Change White Paper, a Precursor to the General Plan Climate Change Element. Planning Manager Beiswenger, Della Acosta, Project Manager and Alissa Jared, Environmental Scientist, presented this item. Recommended Action(s): Receive a presentation on the work completed to date on the Climate Change White Paper, a precursor to the General Plan Climate Change Element currently under review by staff for eventual inclusion in the Rohnert Park, 2040 General Plan and provide input to staff. Mayor Giudice declared a recess at 7:25 p.m. and reconvened the meeting at 7:37 p.m. PUBLIC COMMENTS: Deputy City Clerk Machado read a comment submitted by Jake Mackenzie, who spoke about this item. ACTION: By consensus (none opposed), Council accepted the report and staff will move to forward with their recommended actions and return to Council with additional recommendations. F. Consider Adopting Resolutions Approving Amendments to Employment Agreements between the City of Rohnert Park and Don Schwartz for Assistant City Manager Services and Timothy S. Mattos for Director of Public Safety Services Director of Human Resources Perrault presented this item and made a disclosure under Government Code Section 54953. Recommended Action(s): Adopt Resolution 2021-078 Approving the Sixth Amendment to the Employment Agreement between the City of Rohnert Park and Don Schwartz for Assistant City Manager Services and Resolution 2021- City of Rohnert Park Joint Regular Meeting Minutes for City Council June 22, 2021 RPFA/CDC Successor Agency Page 6 of 8 079 Approving the Second Amendment to the Employment Agreement between the City of Rohnert Park and Timothy Mattos for Public Safety Director Services. Director of Human Resources Perrault informed that Section 4C of the Amendment to Director Mattos’ Employment Agreement should be Section 3A. The correction will be made administratively. PUBLIC COMMENTS: None. ACTION: Moved/seconded (Adams/Linares) to adopt Resolution 2021-078. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford. ACTION: Moved/seconded (Adams/Linares) to adopt Resolution 2021-079. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford. G. Consider Adopting a Resolution Approving the Fifth Amendment to Employment Agreement between the City of Rohnert Park and Victoria Perrault for Human Resources Director Services. City Manager Jenkins presented this item and made a disclosure under Government Code Section 54953. Recommended Action(s): 2021-080 Approving the Fifth Amendment to Employment Agreement between the City of Rohnert Park and Victoria Perrault for Human Resources Director Services. PUBLIC COMMENTS: None. ACTION: Moved/seconded (Adams/Elward) to adopt Resolution 2021-080. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: Stafford. 8. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: 1. Education Committee and Cotati-Rohnert Park Unified School District Joint Special Meeting (6/9) Mayor Giudice informed that guest speaker Anita Maldonado from SSU (Sonoma State University) presented information about state programs and services within the community. A network opportunity was discussed regarding youth homelessness and potential future collaboration for future services in the area. All attendees provided updates. School District provided an update on graduations and return to normalcy, as did SSU. SSU did provide an update on their restoration grant and informed that Stan Nosek City of Rohnert Park Joint Regular Meeting Minutes for City Council June 22, 2021 RPFA/CDC Successor Agency Page 7 of 8 is Interim CFO. Mayor Giudice also informed that are having difficulties on coming up with ideas to have a shared calendar. B. Liaison Reports: 1. Chamber of Commerce Board Meeting (6/15) Councilmember Linares reported on the meeting. 2. Rohnert Park Cotati Library Advisory Board Meeting (6/15) Councilmember Adams reported on the meeting. C. Outside Agency Appointments: 1. Santa Rosa Plain Groundwater Sustainability Agency (6/10) No report. 2. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) (6/14) Mayor Giudice reported on the meeting. 3. Redwood Empire Municipal Insurance Fund (REMIF) Board of Directors Meeting (6/17) City Manager Jenkins reported on the meeting. 4. Mayors and Council Members' Association of Sonoma County Legislative Committee (6/18) Mayor Giudice informed the meeting was canceled. D. Other Reports: 1. 2021 State of the North Bay Conference (6/10) (Councilmember Adams) Councilmember Adams informed that Patrick Kallerman and Greer Cowan spoke about the Bay Area economic ecosystem continues to be affected by the pandemic, especially as it relates to childcare and the increase of cost of housing. 2. Mayors and Council Members' Association Board of Director and General Assembly Meeting (6/10) Mayor Giudice reported on the meeting. 3. Association of Bay Area Governments Executive Board (6/17) Councilmember Adams reported on the meeting. 10. COMMUNICATIONS Mayor Giudice reminded Council about the Community Outreach and Engagement information recently shared by City Manager Jenkins. Vice Mayor Elward and Mayor Giudice requested a presentation from Christina Meyer at SSU (Sonoma State University) regarding future programs between the City and SSU be added to a future agenda. 11. MATTERS FROM/FOR COUNCIL Vice mayor thanked City Manager Jenkins and rest of the staff for their hard work. 12. PUBLIC COMMENT None. City of Rohnert Park Joint Regular Meeting Minutes for City Council June 22, 2021 RPFA/CDC Successor Agency Page 8 of 8 13. ADJOURNMENT Mayor Giudice adjourned the joint regular meeting at 8:23 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk Gerard Giudice, Mayor City of Rohnert Park City of Rohnert Park MINUTES OF THE SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, July 6, 2021 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Giudice called the special meeting to order at 5:00 p.m., the notice for which being legally noticed on July 2, 2021. There was no physical location for this meeting but the agenda included language on how to observe the public portion of the meeting and how to submit public comments. Participating via Zoom Video Communications: Gerard Giudice, Mayor Jackie Elward, Vice Mayor Susan H. Adams, Councilmember Willy Linares, Councilmember Pam Stafford, Councilmember Absent: None. Staff attending via Zoom Video Communications: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Kenyon, Director of Public Works Garrett, Director of Community Services Bagley, Director of Development Services Pawson, Director of Human Resources Perrault, Finance Director Bali, Deputy Chief Johnson, Deputy City Clerk Machado and City Clerk Lopez Cuevas. Staff Present: Information Systems Operations Manager Rowley and IT Analyst Son. 2.Consider Adoption of a Resolution Requesting Consolidation of the Special Election Regarding 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, with the Gubernatorial Recall Election to be held on September 14, 2021 and Directing the Sonoma County Registrar of Voters to Conduct the Election on the City’s Behalf. City Clerk Lopez Cuevas presented this item. Also present to answer question was Sonoma County Registrar of Voters and County Clerk Deva Proto. Recommended Action(s): Adopt Resolution 2021-083 Requesting Consolidation of the Special Election Regarding 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, with the Item 6B2 City of Rohnert Park Special Meeting Minutes for City Council July 6, 2021 RPFA/CDC Successor Agency Page 2 of 2 Gubernatorial Recall Election to be held on September 14, 2021 and Directing the Sonoma County Registrar of Voters to Conduct the Election on the City’s Behalf. PUBLIC COMMENTS: Deputy City Clerk Elizabeth Machado read comments submitted by: Anonymous and Chris and Diane Borr, who spoke about this item. ACTION: Moved/seconded (Stafford/Linares) to adopt Resolution 2021-083. 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. 3. ADJOURNMENT Mayor Giudice adjourned the special meeting at 5:28 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk Gerard Giudice, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 6.C. 1 Meeting Date: July 13, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Adopt a Resolution Authorizing and Approving a Public Improvement and Public Facilities Fee Credit Agreement with the University District LLC for the Keiser Avenue Phase 2B Project (CEQA: Consistent with the University District EIR) RECOMMENDED ACTION: Adopt a Resolution authorizing and approving a Public Improvement and Public Facilities Fee Credit Agreement with the University LLC for the Keiser Avenue Phase 2B Project (CEQA: Consistent with the University District EIR) BACKGROUND: In 2014, the City approved a Tentative Map and entered into a Development Agreement with the University District LLC and Vast Oak Properties L.P. to facilitate the orderly development of the area known as the University District Specific Plan Area. In 2020, Vast Oak Properties L.P. assigned all of its rights and obligations under the Development Agreement to University District LLC, which is now the sole interest advancing development under the Tentative Map. The Development Agreement and Conditions of Approval (COAs) for the project require the Developer to complete the reconstruction of Keiser Avenue from Snyder Lane to Petaluma Hill Road. Over the course of the past three years, the City, University District LLC and Keiser 42 LLC (the developer of the Bristol Project) have been working cooperatively to facilitate the reconstruction of Keiser Avenue in phases that support the overall development project. Keiser Avenue has been completely reconstructed from Kerry Road to Petaluma Hill Road and partially reconstructed from Snyder Lane to Kerry Road. The final phase of this effort is the Keiser Avenue Phase 2B project, which includes recycled water and storm drain utilities, curb, gutter, sidewalk and final paving of Keiser Avenue from Snyder Lane to Kerry Road. University District LLC (“Developer”) will be completing this work during the 2021 construction season in order to satisfy its Development Agreement obligations and the COAs for its project. ANALYSIS: The proposed Public Improvement and Public Facilities Fee Credit Agreement is in the same form that has been previously approved by Council. The Agreement outlines in more detail than specified in the Conditions of Approval or the Development Agreement the details of Developer’s obligations. These details include: • The developer’s duty to install the improvements to City standards and protect them until acceptance; • The City’s rights for inspection and cost recovery; • The process by which new improvements will be inspected by the City; • Requirements to pay prevailing wage; and, Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.C. 2 • Requirements for bonds, insurance and indemnity and the City’s remedies against breach or default by the developer. Because the Keiser Avenue improvements are included in the City’s Public Facilities Fee program the Agreement also provides the Developer with a Public Facilities Fee Credit of $2,268,443.50 for undertaking this work. The Public Facilities Fee Credit will reduce the fees that are due at building permit for new residential construction. ENVIRONMENTAL ANALYSIS: The reconstruction of Keiser Avenue was included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated July 2005) for the University District Specific Plan and analyzed in that document. The description of the development was not substantially changed by either the Final EIR (March 2006) or the CEQA Addendum (February 2014). Because the proposed improvements were included in the Project Description considered in the University District Specific Plan EIR, and their impacts were analyzed and mitigated to a less than significant level, no further CEQA analysis is required. STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The recommended action is consistent with the Development Agreement and Conditions of Approval for the Tentative Map and necessary to complete the project. FISCAL IMPACT/FUNDING SOURCE: The proposed action will have no direct fiscal impact on the City. The Developer will be undertaking the construction at its costs. Consistent with the Municipal Code provisions for the Public Facilities Fee Program, the Developer will receive a credit against fees due at building permit for constructing an eligible facility. Department Head Approval Date: 06/26/21 Finance Director Approval Date: N/A City Attorney Approval Date: 06/28/21 City Manager Approval Date: 07/01/21 Attachments: 1. Resolution Authorizing and Approving a Public Improvement and Public Facilities Fee Credit Agreement with the University District LLC for the Keiser Avenue Phase 2B Project 2. Resolution Exhibit A – Public Improvement and Public Facilities Fee Credit Agreement by and between the City of Rohnert Park and University District LLC for the Keiser Avenue Phase 2B Project RESOLUTION NO. 2021-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A PUBLIC IMPROVEMENT AND PUBLIC FACILITIES FEE CREDIT AGREEMENT WITH UNIVERSITY DISTRICT LLC FOR THE KEISER AVENUE PHASE 2B PROJECT WHEREAS, on May 23, 2006, the City Council of the City of Rohnert adopted Resolution No 2006-141 approving the Final Environmental Impact Report (EIR) for the University District Specific Plan Area including a draft EIR, a recirculated draft EIR, response to comments, changes, clarifications, and corrections to the draft EIR and recirculated draft EIR and appendices (together the “2006 EIR”); and WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-032 approving an addendum to the 2006 EIR (together with the 2006 EIR collectively called the “Updated Final EIR”); and WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-035 approving the Tentative Map for the University District Plan, prepared by MacKay & Somps and dated February 2014 (the “Tentative Map”), subject to certain conditions of approval (“Conditions”); and WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 878, approving a Development Agreement (“Development Agreement”) between the City of Rohnert Park and Vast Oak Property L.P. and University District LLC; and WHEREAS, with the City’s consent, Vast Oak L.P. has assigned all rights and obligations under the Development Agreement to University District LLC (“Developer”) through an Assignment and Assumption Agreement, with the City’s consent, dated September 16, 2020; and WHEREAS, the Development Agreement and the Conditions of Approval include requirements for Developer to reconstruction Keiser Avenue from Snyder Lane to Petaluma Hill Road; and WHEREAS, the reconstruction of Keiser Avenue has been undertaken in phases and Phase 2B is the last phase of the project; and WHEREAS, the City has developed plans and specifications for the Keiser Avenue Phase 2B Project (including storm drain and recycled water utilities, curb, gutter, sidewalk and paving) which have been reviewed by the Deputy City Engineer and determined to be technically accurate and in conformance with the Conditions of Approval; and WHEREAS, the Developer intends to move forward with installation of the Keiser Avenue Phase 2B Improvements in order to satisfy is obligations under the Development Agreement and Conditions of Approval; and WHEREAS, the Developer has posted performance and labor and materials bonds in the amount of Three Million Eighty Seven Thousand Six Hundred Dollars and No Cents ($3,087,600.00) WHEREAS, the Developer intends to move forward with installation of the Keiser Avenue Phase 2B Improvements in order to satisfy is obligations under the Development Agreement and Conditions of Approval; and Resolution 2021-084 2 WHEREAS, the City and Developer desire to enter into a Public Improvement and Public Facilities Fee Credit Agreement for the Keiser Avenue Phase 2B Project to more thoroughly define the terms and conditions of the construction and dedication obligations under the conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Public Improvement and Public Facilities Fee Credit Agreement for the Keiser Avenue Phase 2B Project included as Exhibit A to this is Resolution. BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed public meeting of July 13, 2021, the City Council of the City of Rohnert Park finds that the public improvements and activities were adequately described and mitigated in the University District Specific Plan Area Updated Final EIR, and that no other CEQA analysis is warranted. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Public Improvement and Public Facilities Fee Credit Agreement for the Keiser Avenue Phase 2B Project in substantially similar form to the agreement attached hereto and incorporated by this reference as Exhibit A subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 13th day of July, 2021. CITY OF ROHNERT PARK ____________________________________ Gerard Giudice, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Exhibit A – Public Improvement Agreement ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk ) ) ) ) ) ) ) ) (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC IMPROVEMENT AND PUBLIC FACILITIES FEE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC FOR KEISER AVENUE PHASE 2B This Public Improvement and Public Facilities Fee Credit Agreement (the "Agreement") is made and entered into on this ______ day of ______________ 2021 (the "Effective Date") by and between University District LLC, a Delaware Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as “Party” and collectively as “Parties”. RECITALS A. On April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-035, approving the Tentative Map for the University District Vast Oak Property, prepared by MacKay & Somps and dated February 2014 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance No. 878 approving a Development Agreement with the Developer and Vast Oaks L.P. (the “Development Agreement”). C. On September 16, 2020, with the City’s consent, Vast Oak L.P. assigned all rights and responsibilities under the Development Agreement to Developer. D. The Development Agreement and Conditions require that the Developer provide improvements to Keiser Avenue (the “Improvements”). E. With funding from its Public Facilities Fee Program, the City has prepared plans, specifications and drawings for the Improvements (the “Improvement Plans”). These plans are on file in the office of the City Engineer and have been approved as outlined below: • City of Rohnert Park, Keiser Avenue Reconstruction Project - Phase 2B-2, Snyder Lane to Kerry Road, Project # 2017-18, prepared by GHD Inc, dated June 1, 2020, 58 sheets. F. City and Developer desire to enter an agreement providing for the construction and installation of the Improvements in accordance with the plans, specification and drawings described in Recital E and to provide Public Facility Fee Credits to Developer for this work. 2 AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together with the Development Agreement and other project approvals and the requirements of Chapter 16.16 of the RPMC, are hereby incorporated into and form a material part of this Agreement. 2. Purpose and Effective Date 2.1 Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions and Development Agreement for the project. 2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above. 3. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the “Property”). 4. Improvements 4.1 Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital E above) and to the satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements including all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, parkways, water mains, and sewers; weed control; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in writing of the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Developer shall have thirty (30) days from the date of the notice within which to correct, remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. 3 4.2. Completion Date. Developer will complete the Work within one year of the Effective Date or as required by the Conditions of Approval for University District Vast Oak Project, whichever is sooner. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 5 shall remain enforceable throughout the term of the extension. 4.3. Estimated Cost of Work. The estimated cost of the Work is Three Million Eighty Seven Thousand Six Hundred Dollars and No Cents ($3,087,600.00). Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. 4.4. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards. 4.5. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work. Any change in the superintendent will require advance notification to the City Engineer and concurrence of the City Engineer and the Engineer of Record for the Improvement Plans. 4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. 4.7. Inspection: All of the Improvements shall be constructed and installed to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, at all times during the construction of the Improvements, have free access to the Improvements and shall be allowed to examine and inspect the Improvements and all material used and to be used in the Improvements to confirm compliance with City Plans and Specifications. 4.8. Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvements until Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance, including any encroachment permit required to carry on construction activities in the City's right-of-way as described in Section 4 .6. All work performed on the Improvements shall be done in strict compliance with the City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees and costs to construct the Improvements shall be borne solely by Developer (including the applicable Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship. 4 4.9. City's Inspection, Administration and Testing Costs. In accordance with its Reimbursement Agreement with the City, Developer shall pay to City the actual cost for all inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Costs"). City agrees not to double charge Developer (through the imposition of both a processing fee and a consultant charge) for any individual monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside consultants to those reasonably necessary or desirable, as determined by the City Manager or his/her designee in his/her reasonable discretion, to accomplish the requisite inspection, administration and monitoring. 4.10. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement. 4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52, Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into the storm drainage system. 4.12. Prevailing Wages. The work of the Improvements constitutes a "public work" as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations") because the work is being paid for in whole or in part out of public funds. City and Developer acknowledge that the construction of the Improvements is subject to the payment of prevailing wages. Further, Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all claims, damages, suits or actions arising out of or incident to Developer's obligations under this section and the payment of prevailing wages. 4.13. Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance. 4.14. Repair of Work Damaged During Construction. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer, except as otherwise provided in section 4.18.1 4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 5.1.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 3143. 5 4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the Improvements, Developer shall be solely responsible for all damage to the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees. Developer shall replace or repair any portion of the Improvements that have been destroyed or damaged prior to final acceptance of completed work by the City Council or the City Engineer. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer shall repair to the satisfaction of the City Engineer any damage to the utilities systems, concrete work, street paving or other public improvements that may occur in connection with the Improvements work. 4.17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street, or private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances. 4.18. Final Acceptance. 4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 4.17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether the written acceptances have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement. 4.18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation, the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements, if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County. 4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all work performed under this Agreement and all materials used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement 6 to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction. 4.20. Record Drawings. Upon completion of the Improvements and prior to final acceptance by the City Council, Developer shall deliver to City one electronic file, in a format specified by the City Engineer, and one mylar copy of "as-built" drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of California as to accuracy and completeness, and shall reflect the Improvements as actually constructed, with any and all changes incorporated therein. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings. 4.21. Ownership of Improvements. From and after acceptance of the Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City. 5. Security. 5.1 Performance, Labor and Materials and Warranty Security. In accordance with Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney. 5.1.1 Performance Security. Developer shall furnish and deliver performance security concurrently with the execution of this Agreement, which must meet the requirements of Government Code Section 66499.1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amount of Three Million Eighty Seven Thousand Six Hundred Dollars and No Cents ($3,087,600.00). The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security described in Section 5.1.3. 5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and materials security concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amount of Three Million Eighty Seven Thousand Six Hundred Dollars and No Cents ($3,087,600.00). The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain each security until both (i) the City accepts the Work in accordance with Section 4.18 above and (ii) the statute of limitations to file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of 7 the security shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the security shall be released in full by the City Engineer. 5.1.3. Warranty Security. Developer shall furnish and deliver warranty security in the amount specified in section 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the Improvements and prior to release of the Performance Security, in the amount in the amount of Four Hundred Sixty Three Thousand One Hundred Forty Dollars and No Cents ($ 463,140.00). The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one (1) year following the date of recordation of the notice of acceptance of the improvements against any defective work or labor done, or defective materials furnished. 5.2. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have Developer post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement. 6. Indemnity and Insurance. 6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, omissions, or operations under this Agreement, including, but not limited to, the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence or willful misconduct of the City. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every contractor and sub-contractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 8 6.2. Insurance. Developer shall maintain Commercial General Liability Insurance protecting the City from incidents as to bodily injury liability and property damage liability that may occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance and endorsements to City before any Work commences. The insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, elected officials, employees, consultants, agents and volunteers are to be covered as additional insured’s as respects to liability arising out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, consultants, agents and volunteers. (2) The amounts of public liability and property damage coverage shall not be less than $3,000,000 (Three Million Dollars) per occurrence for bodily injury, personal injury and property damage. (3) The insurance shall be maintained in full force until the work has been completed to the satisfaction of the City Engineer. (4) The insurance policy shall provide for 30 days’ notice of cancellation to the City. The policy shall not be cancelled earlier than nor the amount of coverage be reduced earlier than 30 days after the City receives notice from the insurer of the intent of cancellation or reduction. (5) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, elected officials, employees, consultants, agents and volunteers. (6) Developer's insurance coverage shall be primary insurance as respects the City, its officers, elected officials, employees, consultants, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected officials, employees, consultants, agents and volunteers shall be in excess of Developer's insurance and shall not contribute to it. (7) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. (8) Developer and Developer's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Developer's workers' compensation insurance policy which arise from the work performed by Developer. In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided. 9 6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect. 6.4. Other Insurance Requirements. Developer shall: (1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall clearly evidence all insurance required in this section and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage except on thirty (30) days prior written notice to City. (2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein. (3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements. (4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements. (5) Place all insurance required herein with insurers licensed to do business in California. 7. Breach of Agreement; Opportunity to Cure; Remedies. 7.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement. (5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the security. 7.2. Breach of Agreement; Performance by City. If the City gives Developer notice, under Section 7.1, of breach and default of this Agreement, the City may proceed to complete the Work 10 by contract or other method the City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section 5. 7.3. Remedies. City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement, Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. 8. Public Facilities Fee Credits. 8.1. Eligible Improvements. The Improvements eligible to receive the a fee credit (the “Public Facilities Fee Credit”) described in this Section 8 are the installation of recycled water and storm drain utilities, and surface improvements to Keiser Avenue from its intersection with Snyder Lane to Kerry Road. 8.2. Source and Method of Credits. Subject to the limitations set forth in Section 8.6, City shall credit Developer for the costs associated with the construction of the Keiser Avenue Phase 2B project as outlined in Exhibit B. The Public Facilities Fee Credit represents reimbursement to the Developer for the costs of the Keiser Avenue recycled water main and surface improvements that are covered by the Public Facilities Fee, but which Developer has agreed to incur. The initial estimated total credit amount is indicated under the "Public Facilities Fee Credit Calculation" heading in Exhibit B, attached hereto, and shall be afforded to Developer in the form of a credit against the Public Facilities Fee that would otherwise be applicable to the Project. 8.3. Implementation of the Credits. Developer shall be entitled to receive the Public Facilities Fee Credit at the time of issuance of building permits for the University District Vast Oak Phase 3B. Such credit shall be personal to the Developer and shall not run to successors and assigns unless expressly authorized to so run, in writing by the Developer. 8.4. Fee and Charge Obligation. Developer's obligation to pay the full amount of the Public Facilities Fee shall remain a debt and obligation of Developer until completion by Developer and acceptance of the Improvements by City. In the event that the Improvements are not completed by a date two (2) years from the Effective Date of this Agreement, any Public Facilities Fee previously credited pursuant to this Agreement shall be immediately due and payable. If such fees and charges are not paid as required, City may provide written notice to Developer of its default. If such default is not corrected within 30 days from the date of written notice, Developer agrees that the amount of any unpaid Public Facilities Fees may be placed upon the property as a lien and special assessment. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. In 11 addition, City may use any other available legal means to collect the unpaid Public Facilities Fee and the choice of one remedy does not affect City's ability to use alternative remedies. 8.5 Expiration of Credit Obligation. The Public Facilities Fee Credit shall be granted to Developer at the time Developer obtains building permit(s) for University District Vast Oak North Phase 3B. City's obligation to extend Developer a credit as described herein shall continue for a total of two (2) years from the date the Developer begins construction of the Keiser Avenue surface improvements unless the obligation is sooner satisfied. If Developer fails to complete the Improvements within the two-year time frame, City may seek payment of the Public Facilities Fee from Developer as provided in Section 8.4, above. 8.6 Maximum Credit. The total amount of the Public Facilities Fee Credit obligation for the Improvements shall be as determined by City in accordance with the City of Rohnert Park 2011 Update to the Public Facilities Finance Plan. The Parties acknowledge and agree that the maximum credit amount for the Keiser Avenue Phase 2B improvements is Two Million Two Hundred Sixty Eight Thousand Four Hundred Forty Three Dollars and Fifty Cents ($2,265,443.50) as more fully described in Exhibit B. 9. Miscellaneous. 9.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 9.2 Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: University District LLC 500 La Gonda Way, #100 Danville, CA 94526 Attn. Kevin Pohlson Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of 12 California, and three (3) business days if addressed to an address within the United States but outside the State of California. 9.3 Attorney Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 9.4 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 9.5 Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 9.6 Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney. 9.7 Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 9.8 Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 9.9 Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 9.10 Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 9.11 Binding upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 9.6, in which event this Agreement shall remain binding upon Developer. 9.12 Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 13 9.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 9.14 Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 9.15 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 9.16 Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 9.17 Joint and Several Liability. University District and Vast Oak agree to and shall be jointly and severally liable for all obligations of Developer under this Agreement. Signatures on Next Page 14 IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. Dated: "DEVELOPER" University District LLC A Delaware Limited Liability Company By: ____________________________ Name: Kevin Pohlson Title: Vice President "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: By: City Manager Per Resolution No. 2021-____ adopted by the Rohnert Park City Council at its meeting of July 13, 2021 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 16 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 19539.010 IBM 6/28/2021 Page 1 of 1 P:\19539\Plats-Legals\Legals\3A Map Bndy (no sign)_2021-06-28.doc EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, BEING PARCELS B AND D, AS SHOWN ON THAT CERTAIN MAP ENTITLED “VAST OAK NORTH PHASE 3-A” RECORDED IN BOOK 814 OF MAPS AT PAGES 42 THROUGH 48, AND PARCELS C, E , F, AND G, AS SHOWN ON THAT CERTAIN MAP ENTITLED “ VAST OAK EAST 2-B” RECORDED IN BOOK 790 OF MAPS AT PAGES 28 THROUGH 33, SONOMA COUNTY RECORDS. END OF DESCRIPTION ITEM NO. 6.D. 1 Meeting Date: July 13, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Adopt a Resolution Acknowledging Completion of Certain Dry Utility Improvements Associated with the Bristol Subdivision and Directing Related Actions RECOMMENDED ACTION: Adopt a Resolution acknowledging completion of certain dry utility improvements associated with the Bristol Subdivision and directing related actions. BACKGROUND: On July 14, 2020, the City Council adopted Resolution 2020-065 approving a Public Improvement and Reimbursement Agreement with Keiser 42 LLC (“Developer”) for the Bristol Subdivision, which was recorded on July 24, 2020 as Instrument No. 2020061602 in Sonoma County’s Official Records. This agreement required the Developer to install public and private improvements, including underground electrical and communication (“dry utility”) improvements. The dry utility improvements were to be installed in accordance with plans titled: • Keiser Road/ Bristol Joint Trench Plan, Keiser Rule 20B - Bristol Subdivision, prepared by Malcolm White Consulting, 2 Sheets (Sheets 1 thru 2), and approved by the City Engineer on January 15, 2020; and • Construction Drawing, Bristol Rule 20B, Keiser Avenue, Rohnert Park, prepared by Pacific Gas & Electric Company, 3 Sheets (Sheets 1 thru 3), dated March 11, 2019. The dry utility improvements were bonded for separately in order to allow for early completion and use of these facilities. The Public Improvement and Reimbursement Agreement also provided a mechanism for the City to reimburse the developer for installation of some of the dry utility improvements that were the subject of a Rule 20B installation agreement between the City and PG&E and part of an approved City capital improvement project. The reimbursement will come from the City’s Public Facilities Fee Fund, which is the funding source for the approved capital improvement project. The Developer has completed construction of the dry utility improvements and is requesting the City acknowledge the completion of the work. ANALYSIS: Staff and the utility companies have reviewed the dry utility work and confirmed that the work, including all punch list items, is complete and that all overhead utility poles have been removed from the area. Staff is requesting that the City Council acknowledge the completion of the dry utility improvements and authorize staff to take actions related to filing of a Notice of Completion making the reimbursement to the developer once all statutory lien and warranty periods have expired. The City Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.D. 2 will not be accepting these improvements as they will be owned and operated by the private utility companies. These actions are all contemplated by the Public and Improvement and Reimbursement Agreement and are a step towards completing the Bristol Subdivision. STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. City acknowledgement of the completion is required by the improvement agreement. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is $263,900.00, which is the reimbursement authorized by the Public Improvement and Reimbursement Agreement. The funding source for the reimbursement is the Public Facilities Fee Fund. Department Head Approval Date: 06/26/2021 Finance Director Approval Date: NA City Attorney Approval Date: 07/01/2021 City Manager Approval Date: 07/02/2021 Attachments: 1. Resolution Acknowledging Completion of Certain Dry Utility Improvements Associated with the Bristol Subdivision and Directing Related Actions 2. Resolution Exhibit A – Notice of Completion – Dry Utilities for the Bristol Subdivision RESOLUTION NO. 2021-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACKNOWLEDGING COMPLETION OF CERTAIN DRY UTILITY IMPROVEMENTS ASSOCIATED WITH THE BRISTOL SUBDIVISION AND DIRECTING RELATED ACTIONS WHEREAS, on July 14, 2020, the City Council of the City of Rohnert Park adopted Resolution 2020-065, Authorizing and Approving the Public Improvement Agreement and Reimbursement Agreement for the Bristol Subdivision by and between the City of Rohnert Park and Keiser 42 LLC (“Agreement”); and WHEREAS, the Agreement was recorded on July 24, 2020 as Instrument No. 2020061602 in Sonoma County’s Official Records. WHEREAS, Keiser 42 LLC (“Developer”) has completed the construction of certain dry utility improvements covered by the Agreement, which will be owned by private utility companies, in accordance with the plans and specifications for the work and has requested the City to acknowledge completion of the work; and WHEREAS, the Developer has submitted cost documentation for the dry utility work which substantiates a reimbursement of $263,900.00, as authorized by the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park authorizes and directs the City Engineer to execute and file the Notice of Completion and related documents for certain dry utility improvements for the Bristol Subdivision, on behalf of the City of Rohnert Park, in substantially similar form to Exhibit A which is attached to this Resolution and incorporated by this reference. BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period associated with the recording of the Notice of Completion, the Finance Director is authorized and directed to take the actions necessary to provide reimbursement to the Developer in accordance with the Public Improvement and Reimbursement Agreement. DULY AND REGULARLY ADOPTED this 13th day of July 2021. CITY OF ROHNERT PARK ____________________________________ Gerard Guidice, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Exhibit A – Notice of Completion ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A TO RESOUTION CERTIFICATE OF COMPLETION DRY UTILITY IMPROVEMENTS – BRISTOL SUBDIVISION I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the City of Rohnert Park and Keiser 42 LLC dated July 16, 2020, was completed to my satisfaction on July 13, 2021. That said work and improvements generally consisted of the construction of dry utility improvements including electrical, gas and communication utilities to serve the Bristol Subdivision, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on January 15, 2020. DATED: _____________, 2021 ____________________________________ City Engineer EXHIBIT A TO RESOUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION DRY UTILITY IMPROVEMENTS – BRISTOL SUBDIVSION NOTICE IS HEREBY GIVEN by the City of Rohnert Park, a municipal corporation located in Sonoma County, State of California, with its principal offices at City Hall, 130 Avram Avenue, Rohnert Park, California 94928 of the following: That I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California on the __ day of July 2021, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion of the following described work, which was completed under a Public Improvement and Reimbursement Agreement between the City of Rohnert Park and Keiser 42 LLC dated July 16, 2020 and in accordance with the plans and specifications for said approved by the City Engineer. That said work and improvements were completed on July 13, 2021 and that the name of the surety on the contractor's bond for labor and materials on said project is ____________ (Bond No. ________). That said work and improvements generally consisted of the construction of dry utility improvements including electrical, gas and communication utilities to serve the Bristol Subdivision as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on January 15, 2020. Dated: July_____, 2021 CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer The undersigned certifies that she is authorized to and does make this verification on behalf of the City of Rohnert Park; that she has read the foregoing notice and knows the contents thereof; and that the undersigned declares under penalty of perjury that the foregoing is true and correct to the best of her knowledge. Executed on this __ day of July, 2021, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer ITEM NO. ____6.E._______ 1 Meeting Date: July 13, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Jeffrey S. Beiswenger, Planning Manager Agenda Title: Adopt a Resolution Authorizing and Approving a Master Service Agreement and Task Order 2021-01 with Opticos and Related Actions RECOMMENDED ACTION: Adopt a resolution authorizing and approving a Master Service Agreement and Task Order 2021-01 with Opticos and related actions. BACKGROUND: Earlier this year, the City Council approved revised entitlements for the SOMO Village project including a form based code for the project. The form based code, which is located in the City’s Zoning Code, requires that a design review board, (SOMO DRB) review building designs. The form based code dictates that SOMO DRB include (1) City staff person appointed by the City Manager; (2) SOMO Village representative appointed by SOMO; and (3) a design professional (architect or urban designer) selected by the City Manager. The SOMO Village developer is actively pursuing its project and has submitted architectural designs for the first phase of its project. The staff level review is nearing completion and the SOMO DRB will need to meet soon to review the project. Consistent with the City’s purchasing policy, staff has solicited qualification statements from urban design firms who can provide professional staff with the qualifications necessary to support “design professional” roll on the SOMO DRB. The most qualified firm is Opticos, a specialized urban design and architectural firm with unique qualifications in the development and implementation of form based codes. The firm brings Rohnert Park specific experience, having developed the form based code for the City’s downtown in 2019. Staff is recommending that the City enter into a Master Services Agreement with Opticos and Task Order that is specifically focused on the work for the SOMO DRB. ANALYSIS: Since 2004, in order to streamline the process of accessing consultant resources, staff has used “Master Services Agreements” that outline the major terms of the business relationship between the consultant and the City, including insurance and indemnification requirements. Work on specific projects is then authorized by a one-page “Task Order” which authorizes project-specific scopes and budgets. Both the Master Agreement and the Task Order are standard forms that have been reviewed by the City Attorney’s office. Staff is requesting that the City Council approve a Master Agreement with Opticos with a value of $20,000, which will allow the firm to assist staff with specialized urban design and architectural services when needed. Staff is also requesting that the City Council approve Task Order 2021-01 with a value of $100,000 and scope of work specific to assisting with the SOMO 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 DRB. The SOMO DRB work will be funded by the SOMO developer under the terms of its Reimbursement Agreement with the City. STRATEGIC PLAN ALIGNMENT: The Master Service Agreement and Task Order system streamlines the contracting process with consultants which helps ensure the effective delivery of public services, consistent with Goal C of the Strategic Plan. This particular set of agreements, which will support the SOMO DRB has aligns with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: There are two options that the City can choose from: 1. The option recommended by staff is to award the Master Agreement for Opticos. This will allow staff to have access to a qualified firm to support the required work of the SOMO DRB. 2. The Alternative option, which is not recommended by staff, is to not award the Master Agreements per staff recommendation. This would limit access to planning and urban design resources and potentially delay the processing of some development applications. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $120,000. The Master Agreement provides for $20,000 of work directly and the proposed Task Order would allow for up to $100,000 of work on an as-needed basis, associated with the SOMO DRB. The work under the Task Order would be exclusively funded by developer reimbursements and would have no impact on the City’s General Fund. The work under the Master Agreement could be funded by developer deposits but may also be funded by the Development Services operational budget. Development Services FY 21-22 operational budget includes a $360,000 allowance for consultant services. Department Head Approval Date: 06/26/2021 Finance Director Approval Date: 06/25/2021 City Attorney Approval Date: 6/29/2021 City Manager Approval Date: 7/2/2021 Attachments: 1. Resolution Authorizing and Approving a Master Services Agreement and Task Order 2021-01 with Opticos and Related Actions 2. Resolution Exhibit A - Master Agreement for Consultant Services 3. Resolution Exhibit B – Opticos Task Order 2021-01 RESOLUTION NO. 2021-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A MASTER SERVICE AGREEMENT AND TASK ORDER 2021-01 WITH OPTICOS AND RELATED ACTIONS WHEREAS; the City desires assistance from municipal planning, environmental and urban design firms, and specialty consulting firms; and WHEREAS; staff hires consultants to supplement staffing, to provide replacement staffing, and to provide knowledge in areas where the staff requires additional expertise; and WHEREAS, there is a need to call on outside consultants to assist in various private and public development projects for planning, environmental, and urban design and other services as needed most specifically for the SOMO Village Design Review Board for which the Municipal Code requires that one member be an outside design professional; and WHEREAS, Opticos is a qualified consultant providing a wide range of city planning, urban design and staff augmentation services, which will support the City’s work and specifically the work of the SOMO Village Design Review Board; and WHEREAS, the Development Services Department’s fee schedule provides for full recovery of costs, including consultant support costs, from benefitting development interests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the Master Services Agreement, included as Attachment A, and Task Order 2021-01, included as Attachment B, are approved, subject to minor revisions by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Master Agreement and Opticos Task Order 2021-01 between M-Group, a California consulting firm, and the City of Rohnert Park, a municipal corporation, for various private and public development projects for planning, urban design, and other services as needed. BE IT FURTHER RESOLVED that upon receipt of developer reimbursements, the Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to cover the costs of the Master Agreement and Task Order 2021-01 up to the amount of $120,000. DULY AND REGULARLY ADOPTED this 13th day of July, 2021. CITY OF ROHNERT PARK ____________________________________ Gerard Guidice , Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Page 1 of 17 OAK #4844-6469-8375 v105 MASTER AGREEMENT FOR CONSULTANT SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as of the 13th day of July, 2021, by and between the City of Rohnert Park ("City"), a California municipal corporation, and Opticos ("Consultant"), a California Corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain general city planning and urban design services; and WHEREAS, Consultant hereby represents to 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, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The Planning Manager is hereby designated as the project manager (“Project Manager”). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign Stefan Pellegrini, Principal to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”) executed by Consultant and City. B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and Page 2 of 17 OAK #4844-6469-8375 v105 satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed twenty thousand dollars ($20,000); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order. City’s obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Payment. (1) Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. Page 3 of 17 OAK #4844-6469-8375 v105 C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to to propose change to the Scope of Work within the Agreement by written proposal to the Consultant. If any changes or modifications to Consultant’s scope of services are proposed by City, Consultant shall, upon receipt of such written change or modification, determine the impact on both time and compensation and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation an amendment to this agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until December 30, 2025, unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. Page 4 of 17 OAK #4844-6469-8375 v105 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest Requirements. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. 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; and (2) will not participate in the making of any governmental decision in the equivalent of a staff capacity — for the purposes of this provision, “participating in a governmental decision” including providing information, an opinion, or a recommendation directly to Page 5 of 17 OAK #4844-6469-8375 v105 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.) 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. To the maximum extent permitted by law, the City shall have no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance Page 6 of 17 OAK #4844-6469-8375 v105 requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant’s acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest Page 7 of 17 OAK #4844-6469-8375 v105 prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Unless exempt by law, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent, which shall be in the City’s sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant’s indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s risk manager. 17. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. Page 8 of 17 OAK #4844-6469-8375 v105 B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. Page 9 of 17 OAK #4844-6469-8375 v105 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 If to Consultant: Stefan Pellegrini Opticos Design, Inc. 2100 Milvia Street, Suite 125 Berkeley, CA 94704 24. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. Page 10 of 17 OAK #4844-6469-8375 v105 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual 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. 27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant shall comply with claims presentation requirements under the Government Tort Claims Act, California Government Code Sections 900 et seq. and the Rohnert Park Municipal Code. 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Page 11 of 17 OAK #4844-6469-8375 v105 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 34. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSULTANT By: __________________________________ City Manager By: Title: Date: Date: Per Resolution No. 20__-__adopted by the Rohnert Park City Council at its meeting of <<Date of meeting>>. CONSULTANT By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk Exhibit A OAK #4844-6469-8375 v105 EXHIBIT A The following services may be complete under the terms of this agreement, separate from the activities authorized under a task order: 1. Urban design advisory services related to implement of the municipal code and/or specific plans. 2. Preparation of amendments to the general plan, municipal code (zoning) and/or specific plans to effectively implement urban design objectives. 3. Peer review of architectural, urban design, landscape architecture and engineering submittals where design expertise is needed. Exhibit B OAK #4844-6469-8375 v105 EXHIBIT B Compensation Schedule Exhibit C OAK #4844-6469-8375 v105 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment 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). Exhibit C OAK #4844-6469-8375 v105 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. 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 Exhibit C OAK #4844-6469-8375 v105 provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. OAK #4844-6469-8375 v105 CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the __________________________________, and a duly authorized representative of the firm of _____________________________________, whose address is ______________________________________________________, and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. _________________ ___________________________________ Date Signature OPTICOS TASK ORDER NO. 2021-01 CITY OF ROHNERT PARK AND OPTICOS AUTHORIZATION TO PROVIDE CITY PLANNING AND URBAN DESIGN AND STAFF AUGMENTATION SERVICES SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct Opticos 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 Opticos ("Consultant") hereto dated July 13, 2021. 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 total cost for 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 for an amount not-to-exceed $100,000. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 30, 2023, or as extended by the City Manager. 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 13th day of July, 2021. CITY OF ROHNERT PARK OPTICOS ____________________________ Darrin Jenkins, City Manager (Date) By: Name, Title (Date) Per Resolution No. 2021-____ adopted by the Rohnert Park City Council at its meeting of July 13, 2021. ATTEST: APPROVED AS TO FORM ____________________________ _________________________________ , City Clerk Michelle Marchetta Kenyon, City Attorney [2] EXHIBIT A SCOPE OF SERVICES Consultant will provide contract staffing services to assist the City of Rohnert Park staff with the entitlement processing and design review tasks for development projects under review at the City. Services covered under this section is for service that is reimbursed by private development and applicants under the City’s cost recovery program or work on small special projects where urban design expertise is required. Tasks to be performed shall be specifically requested by City before work is initiated and may include: 1. SOMO Village, Design Review Board (SOMO DRB) Member. This task involves the participation on the SOMO DRB and should be provided by an Opticos staff person with sufficient experience and qualifications to deliberate on urban design are architectural plan submitted by SOMO Village for review and approval (preferable at the Senior Associate or Principal level as identified in the Master Agreement). ITEM NO. ___6.F._______ Meeting Date: July 13, 2021 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Jeffrey Beiswenger, Planning Manager Agenda Title: Adopt a Resolution Approving the Position Title, Salary Range and Associated Job Description for a Senior Planner in the Development Services Department RECOMMENDED ACTION: Adopt a Resolution approving the position title, salary range and associated job description for a Senior Planner in the Development Services Department. BACKGROUND: For the Fiscal Year 2021/2022 budget, the City Council added a Planner III position, which is an alternative name for “Senior Planner.” This is a professional classification responsible for coordinating, organizing, managing and performing work related to current planning programs, projects, and activities of the Planning Division. This is a critical position in the Planning Division and will serve an important coordination and mentoring function within the Development Services Department. A Senior Planner will have the skills and experience necessary to manage and execute work related to complex development projects, reducing the Department’s reliance on outside consulting firms. The position will also have the knowledge base and experience to be able to mentor other staff within the department. ANALYSIS: Staff evaluated the workload and current structure of the Department and proposed that a Senior Planner position be added to the Development Services Department. The City Council agreed and incorporated this position into the Fiscal Year 2021/2022 budget. The on- going development activity and workload of the Planning Division necessitates this position. Many of the duties to be undertaken by the Senior Planner are now completed by consultants. This position will also be able to work on special projects that may arise. Staff expects that the position will be primarily funded through developer reimbursements. This position would report to the Planning Manager and would be a key go-to person for more complex development projects and special planning projects. Staff has developed a job description for this new position (Resolution Exhibit A). Under general direction of the Planning Manager, this position would manage projects primarily in the areas of land use and zoning with a focus on the City’s larger current development projects. The position would process various land use entitlement such as: general plan amendments, municipal code and zone changes, tentative maps, development area plans, planned development applications, site plan and architectural reviews and conditional use permits. The position would coordinate with applicants, review development applications, prepare and review staff and make presentations to the City Council, Planning Commission, Design Review Boards, and other decision-making and advisory bodies. This position would provide highly complex and responsible support to the Planning Manager. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. ___6.F._______ The position will be in the Rohnert Park Employees Association (RPEA) unit. Human Resources advised RPEA of the proposed Senior Planner position by providing the draft job description for review. RPEA had no objection to the job description. 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 Senior Planner position in the existing salary range 52RP with a monthly salary range of $7,730 to $9,396. Current Salary – Comparable Agencies City Position Min Monthly Max Monthly Benicia Senior Planner $7,493 $9,108 Novato Senior Planner $7,428 $9,029 Santa Rosa Senior Planner $7,982 $9,702 Windsor Planner III $7,451 $9,305 Rohnert Park Senior Planner (proposed range 52RP) $7,730 $9,396 Mean $7,589 $9,286 -1.57% -2.23% Median $7,472 $9,207 -0.04% -1.38% At Step 5, the cost of annual salary and benefits are estimated to be $162,000 (the actual salary and benefit costs will vary with the benefit package selected by the employee). Approval of the new position title, salary range and associated job description will allow Development Services to begin recruiting for this new position. 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 implement the City Council’s approved budget. . FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is $162,000. The funding source is the Development Services Department’s operational budget. As described above, the position is included in the approved budget, described as Planner III, and costs are anticipated to be offset from developer reimbursements. ITEM NO. ___6.F._______ Department Head Approval Date: 06/26/2021 Human Resources Director Approval Date: 06/23/2021 Finance Director Approval Date: 06/01/2021 City Attorney Approval Date: N/A City Manager Approval Date: 7/2/2021 Attachments: 1. Resolution Approving the Position Title, Salary Range and Associated Job Description for a Senior Planner in the Development Services Department 2. Exhibit A – Job Description for Senior Planner RESOLUTION NO. 2021-087 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 PLANNER IN THE DEVELOPMENT SERVICES DEPARTMENT WHEREAS, staff has reviewed the needs of the Development Services Department and is proposing a Senior Planner position in order to provide the required level of service to applicants for planning entitlements; and WHEREAS, staff has developed a job description for the Senior Planner position (Exhibit A); and WHEREAS, staff has reviewed classification and compensation structures in comparable public agencies and determined that the Senior Planner position requires knowledge, aptitude and training consistent with Rohnert Park Employees’ Association Range 52RP; and WHEREAS, the Fiscal Year 2020-21 and 2021-22 staffing plan and operational budgets for the Development Services Department, includes a Planner III position (which is an alternative title for Senior Planner) and can support this organization and salary structure based on a combination of anticipated permit revenue and reduced consultant services. WHEREAS, the position will be in the Rohnert Park Employees Association (RPEA) and Human Resources advised RPEA of the proposed Senior Planner 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 Senior Planner in the existing salary range 52RP with an annual salary range of $92,764 to $112,756, which is comparable to other similar positions in the county and region; and 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 Senior Planner position within the Development Services Department. DULY AND REGULARLY ADOPTED this 13th day of July, 2021. CITY OF ROHNERT PARK Gerard Giudice, Mayor ATTEST: Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A – Senior Planner Job Description ADAMS: LINARES: STAFFORD: ELWARD: GIUDICE: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A SENIOR PLANNER (Salary Range 52RP - $89,627.51 - $108,943.10) DEFINITION Under general direction, coordinates, organizes, manages and performs professional and technical support related to planning programs and activities in the areas of land use, zoning, transportation, natural resources, parks and open spaces; processes General Plan amendments, municipal code and zone changes, conditional use permits, variances, and other discretionary permits; develops and reviews staff reports related to planning activities, projects, and services; presents reports to and advises the City Council, Planning Commission, Design Review Board, and other commissions, committees, and boards related to a wide variety of planning and zoning matters; performs a variety of public relations and outreach work related to assigned activities; provides highly complex and responsible support to the Planning Manager; and performs related duties, as assigned. SUPERVISION RECEIVED AND EXERCISED Receives general direction from the Planning Manager. Exercises technical and functional direction over and provides training to lower-level staff. CLASS CHARACTERISTICS This is a professional classification responsible for coordinating, organizing, managing and performing work related to current planning programs, projects, and activities of the Planning Division. Performance of the work requires a comprehensive knowledge of applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures related to planning, as well as principles, practices, and procedures related to city and regional planning, development, and zoning administration. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Coordinates, organizes, manages and participates in highly complex planning programs and activities in the areas of land use, zoning, transportation, natural resources, parks and open spaces.  Processes applications for General Plan amendments, specific plans, planned developments, municipal code changes, zoning code and map amendments, conditional use permits, variances, and other discretionary cases.  Provides highly complex staff assistance to the Planning Manager; develops and reviews staff reports related to planning activities, projects, and services; presents reports to and advises the City Council, Planning Commission, Design Review Board (DRB), and other commissions, committees, and boards related to a wide variety of planning and zoning matters; performs a variety of public relations and outreach work related to assigned activities.  Reviews and makes recommendations on zoning and permit applications, site plans, and architectural designs, including the processing of current and advanced planning projects from submittal through environmental review, public hearing, plan check and final inspection. Senior Planner Page 2 of 4  Participates in the development and implementation of goals, objectives, policies, and priorities for the division; recommends within departmental policy, appropriate service and staffing levels; recommends and administers policies and procedures.  Participates in the development of and standardizes procedures and methods to improve the efficiency and effectiveness of planning services, projects, and activities.  Participates in the development and administration of the division budget.  Participates in the selection and training of staff.  Prepares environmental documents consistent with California Environmental Quality Act.  Serves as source of information for developers, engineers, property owners, and contractors regarding land use applications and general municipal planning programs, projects, and functions; facilitates community participation through a continual dialogue with residents on major projects.  Assists with the dissemination of planning and zoning information to the general public.  Assists the Planning Manager with special projects, as needed.  Prepares environmental impact reports; prepares written initial studies, negative declarations, and staff reports related to development projects or City projects.  Compiles information for a variety of studies and reports; researches, analyzes, and interprets social, economic, population, and land use data and trends; researches and reviews previous entitlements and City records; develops recommendations and prepares written reports on various planning matters and the City’s General Plan; participates in the implementation and administration of the City’s General Plan and development regulations.  Confers with and advises architects, builders, attorneys, contractors, engineers, and the general public regarding City development policies and standards; provides and clarifies information relative to land use, zoning, code interpretation, general plan compliance, signage, and other issues.  Researches and prepares ordinances for review.  Refers to and applies numerous documents including the General Plan, Zoning Ordinance, California Environmental Quality Act, Subdivision Map Act, State Planning laws, Municipal Code, Specific Plans, Redevelopment Guidelines, emergency operations manual, historical preservation guidelines, County tax assessor’s maps and records, building and architecture plans, etc.  Attends meetings, conferences, workshops, and training sessions; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of urban planning and other types of public services as they relate to the area of assignment.  Provide technical direction and training to consultants, other planning and technical staff, as needed.  Performs other related duties as assigned. In performing the duties described above, the incumbent is expected to: • Provide outstanding and friendly customer service. • Create and maintain a respectful and collaborative working environment. • Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible. • Demonstrates care for the organization, customers, and coworkers. • Performs work of the highest quality possible. • Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility.  Principles, practices, and procedures related to city and regional planning, development, and zoning administration.  Geographic, socio-economic, transportation, political, and other elements related to city planning.  Comprehensive plans and current planning processes and the development process. Senior Planner Page 3 of 4  Site planning and architectural design principles.  Recent and on-going developments, current literature, and sources of information related to planning services, activities, and projects.  Methods, materials, and techniques used in the planning of projects, including land use, transportation, natural resources, and parks.  Principles of advanced mathematics and their application to planning work.  Practices of researching planning and design issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports.  Methods and techniques of effective technical report preparation and presentation.  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:  Administer complex, technical, and sensitive planning, development, and related programs in an independent and cooperative manner.  Review and evaluate the work of staff; train staff in work procedures.  Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner.  Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.  Establish and maintain a variety of filing, record keeping, and tracking systems.  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.  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 land-use planning, urban planning, public administration, business administration, community development, or a closely related field and four (4) years of increasingly responsible administrative and/or project management experience in urban or environmental planning. Senior Planner Page 4 of 4 Licenses and Certifications:  Possession of, or ability to obtain, a valid California Driver’s License by time of appointment and a satisfactory driving record.  Possession of, or ability to obtain, a certification from the American Institute of Certified Planners is desirable. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; 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, before groups, 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 or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 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 work in the field and occasionally be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. FLSA Status: Exempt Employee Unit: Rohnert Park Employees’ Association (RPEA) Approved By: Date Approved: V •1111111.11115 0 � W C tf) W GC • 42. W • do , s_ s_ a) o - a) co CI) bA C C tIO ca .— CO cz,_. 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Mobile Crisis Response Rohnert Park SAFE Team Building infrastructure and growing the model Mobile Crisis in Action Jeff would not let anyone help bandage his hands He has been living outside for almost 10 years On Friday, we met him, and he refused any service other than some food and water On Sunday, after the police removed him from a gas station,he let us bandage his wounds And on Monday,we got him an appointment with a wound care nurse Chad told his good friend, while inebriated, that he wanted to die by suicide That was yesterday, and the friend called today for someone to check up on him The police went out with the SAFE team, but they left almost immediately We were able to connect with Chad and have a great conversation about all the stress in his life He says he is doing better today and will call for help anytime he starts to feel suicidal again The Stories of Jeff and Chad (details have been altered to protect privacy) Calls for Service Just how many calls for service are we talking about? Based on the assessed data, the SAFE team could respond to up to 3,500 calls for service per year! The majority of these calls would not require police,fire, or EMS Those are calls that already exist and do not factor in all the other outreach and assistance the team can do on top of that This gives Rohnert Park its own social service response to the specific needs of the community Next Steps First, we need to move forward with getting the foundation laid The biggest barrier will be getting a vehicle which puts the mobile in Mobile Crisis That should start ASAP Second, we need to engage with the people already doing the work at SAFE This will enable a regional response that creates an economy of scale and continuity of care Thank you for your time! The future is bright! ITEM NO. 7.A. 1 Meeting Date: July 13, 2021 Department: Public Safety Submitted By: Tim Mattos, Director of Public Safety Prepared By: Tim Mattos, Director of Public Safety Agenda Title: Discussion and Direction Regarding an Update on an Alternative Response Model to Mental Health/Crisis Calls for Service, and Homelessness Issues Not Requiring a Law Enforcement Response RECOMMENDED ACTION: Staff recommends that the City Council receive this report and provide direction as to whether the City should continue moving forward with a new mental health/crisis response model. BACKGROUND: On April 6, 2021, City Manager Darrin Jenkins and Public Safety Director Tim Mattos presented a new crisis response model to the City Council designed to address mental health responses within the city. In addition to mental health response, the CAHOOTS team also responds to issues surrounding homelessness such as wound care and essential items. It is estimated than nearly half of the calls for service responded to by the CAHOOTS team are related to homelessness. During the April 6th meeting, Ben Adam Climber of Crisis Consulting, provided an overview of the CAHOOTS (Crisis Assistance Helping Out On The Streets) response model, which was started in Eugene, Oregon in 1989. The program mobilizes two-person teams consisting of a medic (a nurse, paramedic, or EMT) and a crisis worker who has substantial training and experience in the mental health field. The CAHOOTS teams deal with a wide range of mental health-related crises, including conflict resolution, welfare checks, substance abuse, suicide threats, and more, relying on trauma- informed de-escalation and harm reduction techniques. CAHOOTS staff are not law enforcement officers and do not carry weapons; their training and experience are the tools they use to ensure a non- violent resolution of crisis situations. They also handle non-emergent medical issues, avoiding costly ambulance transport and emergency room treatment. At the completion of the presentation, City Council provided direction to proceed with development of a CAHOOTS type response team for the City of Rohnert Park. In May 2021, a consulting contract with Crisis Consulting was signed and work began to develop the new response model. ANALYSIS: During the past two months, the following work has been completed toward starting a CAHOOTS type response team to the City of Rohnert Park. 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 Ben Adam Climer has completed the analysis of calls for service during 2019 and 2020 to determine if there is a need for a CAHOOTS team in the city. The analysis was completed based on calls for service for the City of Rohnert Park and the City of Cotati. The calls for service for the City of Cotati also included Sonoma State calls for service due to the dispatch contract between the two entities. During the analysis, Mr. Climer determined that a CAHOOTS type team would have handled 3762 calls for service in 2019 and 3406 calls for service in 2020. During the evaluation of the calls for service, he only identified responses to those calls that were obvious CAHOOTS responses. There are many other calls that may have qualified; however, there was not sufficient information in the call to be sure. Mr. Climer provided documentation explaining the analysis, methodology, and findings which can be found in Attachment #1 of this staff report. Mr. Climer will present his findings based on the analysis of the calls for service data during the Council meeting. The City of Petaluma, which is also working with Ben Adam Climer of Crisis Consulting, has contracted with Petaluma People Services Center (PPSC) to operate their crisis response program which will be known as “SAFE”, (Specialized Assistance For Everyone). SAFE officially kicked off their service on July 4th, 2021. The model in place is the same model staff recommends to be operating within our city. Staff has been in communication with PPSC to begin working toward a possible Memorandum of Understanding to operate the same program in the City of Rohnert Park. During discussions with Elece Hempel, Executive Director of Petaluma People Services Center, Public Safety Director Tim Mattos was told that PPSC has the capacity and ability to manage a SAFE response team in Rohnert Park. The current budget for start-up costs and one twenty–four-hour unit with Case Management Support is estimated at $1,295,174. There are areas of negotiation within the estimated budget which could result in savings. Summary Costs - One 24-hour Unit with Case Management Support Annual Personnel Budget 933,174 Non Personnel Operational Costs 184,000 Annual Costs 1,117,174 One Time Start-Up Costs 178,000 First Year Total Costs 1,295,174 ITEM NO. 7.A. 3 Detailed Costs - One 24-hour Unit with Case Management Support Personnel Costs FTE Hourly Rate Benefits (@25%) Annual Total Crisis Intervention Workers (5 Employees Total) 4.35 27.00 61,074 305,370 Mobile Crisis Medics (EMT-B, AEMT, EMT-P, or RN; 5 Employees Total) 4.35 27.00 61,074 305,370 Clinical Director (Licensed Clinician) 1 45.00 23,400 117,000 Medic Supervisor (EMT-P or RN) 1 45.00 23,400 117,000 Medical Director N/A N/A N/A 3,600 Annual Staffing Subtotal 10.7 168,948 848,340 Indirect on Staffing (@10%) 84,834 Annual Staffing Total 933,174 Non Personnel Operational Costs Annual Total Office Space 75,000 Phones, Emails, etc. 24,000 Misc. Costs (Medical and Office Supplies, Uniforms, CE, etc.) 45,000 Van Insurance, Fuel*, Upkeep* 40,000 Non Personnel Operational Costs Total 184,000 Ongoing Annual Total 1,117,174 One Time Start-Up Costs Total Vans* 120,000 Medical Supplies 40,000 Uniforms, Computers, Phones 18,000 One Time Start-Up Costs Total 178,000 The program would begin with a limited schedule and would work toward 24-hour service. A possible savings will take place if Petaluma and Rohnert Park share services during the overnight hours when calls tend to be less frequent. Staff is still determining the requirement for a Medical Director and if this is a necessary cost to the program. Staff is also identifying available office space within the City of Rohnert Park to accommodate the team and support staff which could also result in a cost savings. Director Mattos and City Manager Jenkins have been working closely with management from the City of Cotati who are interested in a “Rohnert Park/Cotati” response team. Working collaboratively with ITEM NO. 7.A. 4 the City of Cotati will result in additional savings for both communities.1 In addition, Sonoma County voters passed a Measure O Mental Health Sales Tax with a specific funding category for Crisis Intervention. This is an appropriate funding source for a portion of the alternative response program. City Manager Darrin Jenkins and Public Safety Director Tim Mattos are interested in moving forward with the next steps in the process of developing the new Crisis Response Model within the City of Rohnert Park. These steps will include the following. • With the vehicle shortage the nation is experiencing, a search for the response vehicle must begin taking place. The transit type vehicle must be located and purchased. Upon receipt of the new vehicle, it will need to be outfitted with the necessary equipment and configurations to respond to calls prior to being placed into service. • Develop the scope of work with Petaluma People Services Center for the City of Rohnert Park and the City of Cotati • Develop a Memorandum of Understanding between the City of Rohnert Park and Petaluma People Services Center. • Identify exact needs for office space and attempt to secure current available space for PPSC staff. • Send a funding request letter to Sonoma County for a portion of the $25 million a year they receive in Measure O Mental Health Sales Taxes. Staff is prepared to begin working on these next steps in the process in order to bring the new Crisis Response model the City of Rohnert Park. Staff is seeking Council direction to determine whether to continue moving forward. STRATEGIC PLAN ALIGNMENT: The City’s vision statement is that Rohnert Park is a thriving, family-friendly community that is a safe, enjoyable place to live, work, and play. The consideration of the developing an alternative response model for crisis response intersects with both “Strategic Plan Goal C: Ensure the effective delivery of public services,” and “Goal D: Continue to develop a vibrant community.” OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends council directs City Manager Darrin Jenkins and Public Safety Director to complete the next steps to bring the new Crisis Response Model to the City of Rohnert Park. 2. Alternative: Staff cease work on the new Crisis Response model for the City of Rohnert Park. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact is estimated to be as much as $1,295,174. The estimate is based on a 24 hour, full- time van in the City of Rohnert Park, a paid Medical Director, office space costs, and no shared management costs between the City of Petaluma and the City of Rohnert Park. In addition, the 1 Rohnert Park’s population is 85% and Cotati’s population is 15% of the combined population of both cities. We may use population or some other metric to split costs if both cities share the program. ITEM NO. 7.A. 5 estimate does not include shared costs between the City of Rohnert Park and the City of Cotati. Should staff be directed to move forward with the Crisis Response project, the actual costs will be further vetted to develop a program budget. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 7/8/2021 Attachments (list in packet assembly order): 1. Report on the Implementation in Rohnert Park and Cotati of a Mobile Crisis Team Modeled on CAHOOTS Ben Adam Climer CRISIS CONSULTING 392 Douglas St. Pasadena, CA 91104 REPORT ON THE IMPLEMENTATION IN ROHNERT PARK AND COTATI OF A MOBILE CRISIS TEAM MODELED ON CAHOOTS Table of Contents Logos ............................................................................................................................................................ 1 The CAHOOTS Model ................................................................................................................................. 3 CRISIS Consulting........................................................................................................................................ 3 Data Assessment ........................................................................................................................................... 3 Diversions ................................................................................................................................................. 4 Co-response............................................................................................................................................... 6 Possible Diversions ................................................................................................................................... 7 Response Services ......................................................................................................................................... 8 Responses to Suicide ................................................................................................................................. 9 Mental Health.......................................................................................................................................... 11 Reducing Stigma ................................................................................................................................. 11 Prevention and Early Intervention ...................................................................................................... 11 Sonoma State University ..................................................................................................................... 12 Substance Use, Intoxication, and Addiction ........................................................................................... 13 Homelessness .......................................................................................................................................... 13 Access ......................................................................................................................................................... 15 Petaluma People Services ........................................................................................................................... 15 Conclusion .................................................................................................................................................. 16 The CAHOOTS Model In 1989, in Eugene, OR, there was perceived to be a need by the city to add two more police officers. At the time, a local community health agency, White Bird Clinic, was operating a walk-in crisis clinic and crisis phone hotline. They wanted to mobilize the crisis clinic and respond to needs in the community not just in their building. They proposed that the city use the money for the new officers as a way to fund the mobile crisis clinic. They argued that the mobile crisis team could divert the police away from mental health and substance use calls for service (CFS). The city liked the idea, and the CAHOOTS (Crisis Assistance Helping Out on the Streets) team was born. At the time, Eugene was operating a Department of Public Safety very similar to Rohnert Park today. They utilized one dispatch for police and fire. The CAHOOTS team was integrated into this system as a 4th option to supplement the work of police, fire, and EMS (Emergency Medical Services). When Eugene’s Department of Public Safety split, CAHOOTS stayed on the police dispatch system. Initially, the CAHOOTS team consisted of two crisis intervention workers. As the team gained experience, they recognized that many of the CFS to which they were responding had some form of medical issues. These medical issues included hypoglycemic diabetics who appeared intoxicated, people experiencing unusual physical effects from their psychiatric drug prescriptions, urinary tract infections in older adults that presented as psychosis, people sleeping in parks who had overdosed on opiates, and many other circumstances. In response to these types of calls, the CAHOOTS team replaced one of crisis intervention workers with an EMT (Emergency Medical Technician) in order to have the capability of deciphering when EMS was needed. This two-person team of a crisis worker and an EMT is what constitutes the core of the CAHOOTS model. It is also what makes the CAHOOTS model distinct from all other mobile crisis models. CRISIS Consulting Critical Responses in Supportive Integrated Services (CRISIS) Consulting was started by Ben Adam Climer as a response to the increasing interest by cities to develop mobile crisis response teams. Ben Adam worked for the CAHOOTS team for five years as a crisis intervention worker and EMT. He has also worked in LA County as a case manager and program administrator for the Department of Health Services. CRISIS Consulting was connected to Rohnert Park and Cotati through the city of Petaluma after they ascertained Ben Adam’s consulting services to develop their mobile crisis team. Ben Adam presented the model to both city councils. There was great interest and excitement from both groups. CRISIS Consulting signed a contract to provide consulting services for the development of a mobile crisis response team shortly afterward. Data Assessment The goal of CRISIS Consulting is to help develop the correct response at the right time. Unlike most crisis response teams which respond to a limited amount of CFS and do so within a restricted framework, CAHOOTS model teams respond to a wide array of CFS types. For example, a mobile crisis team solely dedicated to responding to mental health calls may find a welfare check on a person sleeping outside to not be in their scope of service, but why is that in the scope of service of police or fire/EMS? The reality is that the welfare check on the person sleeping outside is beyond the purview of every one of those services. The CAHOOTS model addresses that problem by employing a social service response. Police and fire/EMS are responding to these types of CFS in large numbers. Because they are doing so, we can look at their data to determine approximately how many calls a CAHOOTS model team could respond to. In Rohnert Park/Cotati, we have done this by first looking at the CFS that fall into the CAHOOTS model scope of service. These CFS types were provided to Rohnert Park’s Department of Public Safety. They looked up all the relevant CFS in their CAD (Computer-Aided Dispatch) system for 2019 and 2020. They used broad searches and included calls that might seem unrelated. For example, they included DUI calls which are not typically CAHOOTS calls but are substance abuse related. The calls were derived from RPDPS, Cotati PD, and SSU PD. This list was put on a spreadsheet which CRISIS Consulting randomized using Excel’s function for that. There were two lists, one for 2019 and one for 2020. In total, 4501 calls were identified from 2019 and 4194 calls were identified for 2020. The 250 randomized calls were taken from each year and returned to RPDPS. RPDPS proceeded to attach the call chronologies to each call in the spreadsheet. The call chronology is the information input by the dispatcher throughout the life of the CFS. It includes the complaint and person descriptions from the caller, the disposition of the officer, and other updates throughout. CRISIS Consulting read through each of the 500 call chronologies and assigned each to one of four categories: Diversion, Co- response, Possible Diversion, and No Response. Diversions The largest of the four categories, Diversions are CFS that could be handled by a CAHOOTS model team independently. These CFS do not include any indication of a safety risk or a medical emergency. This is the category of highest interest because it represents the CFS that can be completely removed from police and fire/EMS. In the assessment of the sample, 37.2% of calls in 2019 and 41.2% of CFS were found to be Diversions. This would be approximately 1,674 CFS in 2019 and 1,728 CFS in 2020. The type of CFS most likely to be a Diversion was the Welfare Check. In total, there were 1380 Welfare Checks in 2019 and 1485 in 2020. In the randomized lists, there were 69 for 2019 and 100 for 2020. Both yielded the same percentage of 61% as Diversions. This translates to 840 and 906 Welfare Checks that could have been handled by a CAHOOTS model mobile crisis team in 2019 and 2020, respectively. This is over 50% of all Diversions, generally. This is consistent with the numbers from the CAHOOTS team in Eugene and Springfield where approximately one-third of all their calls are Welfare Checks. The second highest volume of CFS type that would result in a Diversion is Suspicious Persons. Albeit many Suspicious Persons CFS will remain with the police, a substantial amount of these CFS are coded as Suspicious Persons simply because the person who is behaving in a suspicious way is experiencing mental health or substance use related issues in public. This public display often derives from the particular crisis the person is experiencing (i.e. their mental health issues have led them to be in the public) or they are experiencing homelessness and therefore have no option but to experience their crisis publicly. In the sample, 62 Suspicious Persons CFS were assessed from 2019 and 61 from 2020. Of these, 34% in 2019 and 28% in 2020 could have been Diversions. These came to totals of 367 and 273, respectively. In total, we can approximate that 1,207 and 1,179 Welfare Checks and Suspicious Persons CFS from 2019 and 2020, respectively, could have been handled by a CAHOOTS-model mobile crisis team. As mentioned earlier, they are the largest total CFS types that could be managed by a CAHOOTS model team. It is only at the third highest CFS volume that we reach specifically mental health and suicidal persons responses. While mental health and suicidal CFS are delineated from each other in the CAD system, we have combined them here for ease of assessment. It may come as a surprise to see that these calls make up a small portion of the overall CFS, less than 1%. Anecdotal reports from officers usually indicate that mental health assistance is frequent. This is because, as mentioned earlier, mental health calls can often come in the form of Welfare Checks or Suspicious Persons. By deploying the CAHOOTS model mobile crisis team to these types of CFS that may not be labeled mental health is one of the keys to getting the appropriate response at the right time. While mental health and suicidal persons calls are not the highest volume, they are the highest priority. Fortunately, they occur at a rate of approximately one per day. There were significantly more in 2019 than in 2020 with 354 against 283. Just under 60% of the 2019 CFS in these categories were deemed to be Diversions. The 2020 numbers were lower, coming in at 47% for Diversions. We will discuss how Co-responses for CFS like this will work below, but it should be clear that even though these categories do not have 100% Diversions, they do have 100% responses from the CAHOOTS model mobile crisis team. At times, these calls have weapons or violence indicated and therefore merit police response alongside the mobile crisis team. Unlike Welfare Checks and Suspicious Persons, none of these CFS were determined to be No Response. The CAHOOTS model mobile crisis team will always have a role. Considering that these calls occur approximately once per day and can often extend protracted periods of time, the involvement of the mobile crisis team will save law enforcement time and energy on every one of these. Perhaps related to mental health and suicidal CFS are Family Disputes. The CFS can often start because of the emotional distress of individuals in the family and can sometimes lead members of the family to suicidal feelings. We need to distinguish at the outset that these are not domestic violence calls. Domestic violence is, first and foremost, the issue of violence and therefore remains under the duties of the police. These calls frequently appear to be domestic violence calls when they are generated but are assessed to be verbal after police arrive. 218 Family Disputes occurred in 2019 and 237 in 2020. Nine were assessed from 2019 and eight from 2020. Three from each year were determined to be Diversions. This translates to approximately 72 and 89 CFS, respectively. It is important to note that 100% of all Family Disputes were assessed to possess some form of role for the CAHOOTS model team. Finally, there are five remaining categories that are similar to Welfare Checks. These are Attempt to Locate, Attempt to Contact, Drunk in Public, Man Down, and Subject Sleeping. These are each small categories. Largely, the CFS assessed showed that the majority of them could have been Diversions. In Eugene, CAHOOTS is the primary responder, by policy, to Subject Sleeping CFS. Not surprisingly, most of those CFS in the data assessment would be Diversions. Similarly, Drunk in Public in 2020 resulted in 80% Diversions. These are simply the numbers that stand out in statistically small categories. What is most important to note is that these smaller categories represent, combined, 231 Diversions in 2019 and 254 Diversions in 2020. Co-response Before getting into the data, it is important to explain what Co-response means in the context of CAHOOTS model mobile crisis. Co-response typically refers to the model of mobile crisis response that predominates in the United States. Related to but distinct from the Memphis model, Co-response pairs a licensed mental health provider, typically an LCSW (Licensed Clinical Social Worker) or an LMFT (Licensed Marriage and Family Therapist), with a police officer to respond to mental health calls. In the CAHOOTS model, Co-response simply refers to any time that the mobile crisis team is on scene at the same time as the police. There are several ways that this can occur. First, based on the reports of the caller, there can be a significant safety risk. Usually, this is because the person in crisis is armed or acting aggressively. Depending on the circumstances, the teams on duty, the comfort of the officers involved, and other factors, the crisis team will usually stage a couple blocks away for calls like this. The officers will make first contact, clear the scene for safety, then request the crisis team. At this juncture, the crisis team will begin to take over the call. The police will either leave, wait in their cars, or wait somewhere nearby such as the front yard or a parking lot. It is important to note that on these types of calls, the police are often relieved of time and energy even though they are involved in the response. This is in contrast to the Co-response model which involves police response throughout the engagement. Another form of Co-response in the CAHOOTS model occurs when the police arrive on scene for what was originally believed to be a criminal issue but is revealed to be a behavioral health issue. At this stage, the police would call the crisis team who would enter upon arrival and take the lead. Usually, the police do not wait around on these calls unless they can be utilized to help motivate the person in crisis toward a desired outcome. The final form of Co-response is the most uncommon, but people ask about it much more often than the other types. This is the opposite of the prior example. The final type of Co- response is when the crisis team requests police assistance. This could be for a variety of reasons, but the primary reason is that the person in crisis is suicidal and stating clearly that they will not go anywhere with the crisis team and that they plan to die by suicide if they are left alone. In these instances, the crisis team will call for an involuntary hold by a police officer. The less frequent occurrence is when someone on scene becomes aggressive and assaultive toward staff. In these circumstances, the ability to summon police assistance over the radio quickly and without any intermediary has proven for the CAHOOTS team to be invaluable. Circumstances like this happen only a few times a year, and no CAHOOTS team member has ever been injured on the job. In my assessment, I qualified calls as Co-response based on the safety information that was provided. Additionally, some calls were determined to be Co-response because they required as many units as possible searching for the person in crisis. For example, 100% of the missing persons calls were identified as Co-response. The mobile crisis team can be very useful on calls like this. They can help canvass an area searching for the missing person, they can view pictures to be on the lookout for the person who is missing, and they can comfort the loved ones of those who are missing through crisis counseling. In both years, 24% of the Welfare Checks were assessed to be potential Co-responses. This equates to approximately one call per day. While Diversions were much higher, it is important to remember that Co-response means that there is usually a safety risk and not necessarily a criminal issue at play. Therefore, the officers are primarily tasked with scene safety due to the indication of violence or a weapon involved. Once they have determined that there is no threat, they can usually leave. This is makes Co-response in the CAHOOTS model very similar to a Diversion. As we might expect, Co-response for Suspicious Persons CFS are very low. They were assessed at 8% in 2019 and 5% in 2020. Suspicious Persons CFS tend to either be for people who are having a behavioral health crisis in public or for people who are actively engaged in public behavior that could be criminal in nature. This dichotomy means there is little room for Co-response, and the numbers reflect this. We might expect a Co-response for a Suspicious Persons call to happen approximately once or twice a week. Aside from Missing Persons calls, Family Disturbances have the highest rates of Co- response. 56% were assessed to be Co-response in 2019 and 63% were determined to be Co- response for 2020. This comes out to approximately 121 and 148 CFS, respectively. That is more than two per week. As I mentioned earlier, these can be very long service responses. If the police are able to respond, clear the scene for safety, and leave on these calls, it would amount to hundreds of hours per year saved in these Co-responses, not to mention the Diversions. Due to a small sample size, the Mentally Ill and Suicidal Ideation CFS ended up with a wide range. In 2019, 41% were determined to be Co-response CFS while in 2020 the number rose to 53%. This is unfortunate considering that these are important calls that the Police Department wants to see diverted. The total number that would be Co-response were 145 and 151, respectively. This shows that even though percentages were different, the total number is remarkably close. The positive news is that we can reasonably expect a Co-response to mental health issues and suicidality several times per week. This is exactly what we want to see for the appropriate response at the right time. The rate of Co-response for the remaining CFS types is very low. They add a minimal amount to the total call volume and therefore are not critical to the conversation at hand. Possible Diversions A swath of the CFS assessed were either unclear or included policies that would need to be altered in order to grant the CAHOOTS model team power to respond. These CFS were deemed Possible Diversions. As expected, this category is the lowest in volume of the three response categories. In total, only an estimated 864 CFS in 2019 and 537 CFS in 2020 would be Possible Diversions. That is approximately half the total of Diversions in 2019 and one-third in 2020. Again, as expected, the highest rate of Possible Diversions comes from the Suspicious Persons category. In 2020, for example, 42% of the 537 Possible Diversions were from the Suspicious Persons CFS. This largely has to do with policy and the decision making from the dispatchers and officers. Behavioral health crises, especially those that occur in public, can cause bystanders to feel uncomfortable and sometimes fearful. When that fear or discomfort translates to a safety precaution over the phone, it may be that these types of CFS end up as Co-response. However, In Eugene and Springfield, the CAHOOTS team is often prioritized as the responders to these types of CFS simply because their presence provides a de-escalating effect that police are not able to provide due to the associations the person in crisis makes with police. For this reason, there are CFS that could be Diversions so long as policy is clear around what the team can handle. Other calls are labeled Possible Diversions because they would rely on the officer determining that the CAHOOTS model team would be the more appropriate response. Some calls are self-initiated by the officers and are marked as Suspicious Persons CFS. In reality they are public assistance calls in which the officer is checking on a person or persons experiencing homelessness or a public behavioral health crisis. In these instances, the officer could request the mobile crisis team to perform the check rather than handling it on their own. This is common practice for the Eugene and Springfield police. Another form of Possible Diversion that would be a simple policy adjustment comes from the practice of informing victims that offenders are being released from jail. While these notifications are currently being handled by law enforcement, they could be handled by the mobile crisis team. Ultimately, the duties of providing these notifications could simply be given to whichever team is free. All of these CFS were assessed as Possible Diversions. These calls are coded as Attempt to Contact. There are other circumstances that lead to Attempt to Contact (ATC) CFS, and 60% of the ATC CFS were assessed as Possible Diversions in 2019. Almost all Possible Diversions are in the categories of Attempts to Contact, Suspicious Persons, Welfare Checks, and Man Down/Subject Sleeping CFS. Part of this has to do with the assumptions of CRISIS Consulting and the experience of Ben Adam Climer. Many of these Possible Diversions would go to the CAHOOTS team in Eugene, but in cities that are unaccustomed to sending out a mobile crisis team, it may be more conservative to start. What is important to remember is that approximately two calls per day could be Possible Diversions and that as the team becomes further integrated into the system, those Possible Diversions will most likely transform into Diversions. C.R.I.S.I.S. has been interviewing and meeting with a wide array of service providers in Rohnert Park, Cotati, and the broader Sonoma County service network. There is strong support and excitement for the development of a mobile crisis program. The CAHOOTS team responds to many different types of calls at any location in the city. The goal for the team in Rohnert Park and Cotati will be no different. Response Services Responses to Suicide Law enforcement agencies have been tasked with the difficult task of responding to people who are experiencing suicidal thoughts or making suicidal actions. At times, people experiencing suicidal thoughts and enacting suicidal behavior may be a threat to public safety. Therefore, the CAHOOTS model, by being tied into the dispatch system, has quick and easy access to law enforcement, providing an important safety mechanism for the mobile crisis team. Nevertheless, the majority of people reaching out for help, even to their family or friends, are not threats to public safety when they are feeling suicidal. A police response is therefore not indicated, clinically, to people having these needs. These types of calls can also lead to law enforcement spending protracted time on public health rather than public safety responses. This creates a constraint on officers when they become dedicated to a suicidal patient during the time when a serious public threat arises. In small municipalities such as Rohnert Park and Cotati, even one officer being unable to respond to a priority call can be a significant reduction to the number of officers able to respond to public safety threats. A mobile crisis team would greatly diminish this problem. The mobile crisis team provides skills and tools to reduce the need to transport suicidal residents to services such as the ER and CSU (Crisis Stabilization Unit) in Santa Rosa. Whereas an officer might decide to transport the patient early in the intervention to reduce time spent on the call, the mobile crisis team will be free to remain on scene longer to provide support with the hope of preventing an unnecessary hospitalization. The local emergency rooms treat suicidal and psychiatric patients as needed, but they are not designed as emergency psychiatric units. Many patients who end up in ERs for mental health reasons could be treated at the CSU, but this puts a constraint on officers who do not wish to be out of the city for prolonged periods while transporting. The mobile crisis team will be able to divert these patients out of the ER in addition to diverting RPDPS and CPD from needing to remove themselves from service in the city for a transport to Santa Rosa. In addition to alleviating stress on the emergency services, the mobile crisis team will be creating a more comfortable experience for the patients. Transports in the mobile crisis vehicle will not involve handcuffs, a cramped space, or a gurney. Patients will be given a water bottle, music to listen to, and a listening ear. This means improved outcomes for officers, medic units, and the patients. Especially important is the response to suicidal youth. Youth experiencing suicidal ideation have become commonplace at the ERs. The staff at ERs state that a portion of these youth are coming in or being brought in because of negative home situations. In the experience of C.R.I.S.I.S. Consulting’s work on the CAHOOTS team, homes where abuse or high conflict is occurring can create a sense of powerlessness among youth. This sense of powerlessness can be exacerbated by difficult social situations at school, bullying, and societal injustices to which they are becoming aware. This powerlessness can lead to despair and suicidal thoughts that are rooted in a desire to end the emotional pain they are experiencing. Police contacts and emergency room visits do very little to alleviate these issues. A mobile crisis response is also not a permanent fix to these difficulties. However, what these youth need is positive psychosocial support in their living space and connection to ongoing, positive psychosocial support in their community. A supportive service response to their emotional suffering offers the portal to that connection. This will be addressed further in the section on homelessness, but Sonoma County’s homeless point-in-time count shows that the main driver of youth homelessness is conflict or abuse at home. As advocates for youth experiencing homelessness have long known, youth living on the streets are rarely running to the streets but are instead running from the dysfunction at home. We can see how suicidal ideation and youth homelessness share a common theme of escape from what may feel like an emotionally overwhelming experience. A Special Note on 5150s and the Removal of Someone’s Rights for Mental Health Treatment A conversation point that comes up frequently throughout the country when discussing mobile crisis teams, is the ability to place a 5150 hold. A 5150 is the removal of someone’s civil rights to protect them from suicide or other risks to their safety based on their altered mental status. These are more broadly referred to as involuntary holds. Two occupations can place 5150 holds: law enforcement officers and specially trained healthcare workers that have what is called LPS designation. LPS designations are regulated and disseminated by the heads of the behavioral health divisions of County Health Authorities. The CAHOOTS team does not possess the power to place an involuntary hold. Most mobile crisis models throughout the country are distinct from CAHOOTS in this regard. In fact, the rationale for the development of many mobile crisis teams has been to create teams whose primary focus is on calls that result in involuntary holds. In meetings with other jurisdictions, C.R.I.S.I.S. Consulting has heard repeatedly that there is no point in creating mobile crisis teams without this power. While conversations are being had about some personnel on the mobile crisis team in Rohnert Park and Cotati having LPS-designation, it is important to understand why it is unnecessary to require all mobile crisis intervention workers to be LPS-designated. First, there is a practicality issue. Behavioral health directors are, rightfully, selective with who they provide LPS-designations. Typically, they are licensed mental health workers or MDs. People with this level of education, whether masters or doctors, are not abundant in our society. It can take up to a decade for someone to ascertain these levels of education. After these years of learning, most people are not interested in working at 2 a.m. on Friday and Saturday night responding to welfare checks and transporting people to social service centers. In order to convince them to work these hours, they require extremely high pay which creates a barrier to having the service at all. It should be noted that Los Angeles County, which has a population of over 10 million, has not been able to run their non-law enforcement Psychiatric Mobile Response Team (PMRT) 24/7 because they have struggled to find adequate staffing. That team is made up of at least one LPS-designated clinician and a masters level coworker. Second, the CAHOOTS model diverts a large quantity of calls from the police department. This could be as high as 2,500 calls in Rohnert Park and Cotati. With this reduction, the time it takes to enact a 5150 by the police will take up a reduced volume of their overall time. Additionally, by spending prolonged periods of time on scene, offering support to patients, the mobile crisis team will be able to reduce the need for 5150s. The mobile crisis team will also be able to transport patients to the CSU in lieu of law enforcement thereby preventing officers from going out of service for over an hour whenever those transports are required. Finally, when the mobile crisis team determines that the patient cannot be safely left alone due to their suicidal threats or grave disability, they will be given the option of riding in the comfort of the mobile crisis van or in the discomfort of a police vehicle. This gives the patient increased power in the situation in contrast to the 5150-only approach that removes all of their decision-making power. This will decrease the need for involuntary holds in the field and will create an environment where the patient can be transported to be seen by a mental health professional before the involuntary hold is placed. Mental Health The CAHOOTS model of first response is widely touted as an excellent response to residents experiencing mental health crises. The model has garnered support from citizens and law enforcement agencies largely for this purpose. Mental health care is a broad topic, and this portion of the report is not meant to be exhaustive. Everything that has been said about suicidality could be included in this section. Many of the processes and systems detailed above apply to the team’s response to mental health crises that do not involve suicidal factors. To not be redundant, this section will focus on ideas and concepts that were not discussed above. Reducing Stigma “Mission creep” produces unintended results. By sending law enforcement as the first responders to people experiencing mental health crises, we signal to the patient that their struggle is perceived to be threatening even when they have made no threats to harm anyone, even themselves. This is no fault of the officer or police department involved. It is the unintentional results of mission creep that has developed over many years of increased use of emergency services as the responders to mental health crises. The aim of mobile crisis response in Rohnert Park and Cotati is to reverse some of the consequences from this unintentional development. People in need of support often do not know who to turn to. Already feeling isolated, they struggle to reach out for help fearing that whoever offers them assistance will judge them for what they are experiencing. Because the CAHOOTS model responds to a wide variety of needs, a substantial portion of the population receives assistance from the team. This integrates the team into service for all economic levels in the community, from those with no income all the way up to the richest residents. This normalizes the service. It signals to those involved that anyone could reach the point where they need more support than what they currently have at their fingertips. Normalization is the seedbed for the reduction of stigma. The CAHOOTS model normalizes receiving support in the midst of a crisis. This fosters a social understanding that it is not shameful to receive help. Additionally, the primary tool of de-escalation for these teams is emotional validation. Normalizing is a key form of validation. Easy access to a team that normalizes and aids people in their suffering will create ripple effects throughout the community. As law enforcement is removed from these calls, the fear of being viewed as dangerous during a crisis will also decrease. This will create a net benefit to the mental health of those reaching out for help. Prevention and Early Intervention Law enforcement and EMS have long been the frontline on prevention and early intervention for mental health treatment. Efforts to change this have been meritorious but limited. The limits arise because of the models that are implemented. Crisis teams throughout the country are typically second responders that only respond after the initial engagement by law enforcement or EMS. This causes a filtering process that creates increased mission creep for those agencies. Limited hours for these crisis teams exacerbate the problem. Officers become accustomed to managing these types of calls because most of the time the crisis teams are not available. For this reason, the mobile crisis team in Rohnert Park and Cotati will be most effective when operating 24/7/365. There is no better way to ensure prevention and early intervention than bringing the mental health workers to the front door of those experiencing mental health crises at all hours of the day on every day of the year. This is critical for all income brackets. People experience these types of crises no matter their age, race, gender, ability, sexuality, or economic standing, and they experience them no matter the time of day or day of the year. Law enforcement and EMS have been tasked with stopping violence, enforcing laws, and saving lives in critical emergencies. It has been too much to ask of them to also function as social workers with detailed, intimate knowledge of the local mental health support network, as admirable as their attempts to do this have been. One tool that will be useful for this team is the county’s Mental Health Access Team (MHAT). This group can be accessed via the phone 24 hours per day. They assess needs and make referrals to behavioral health services. When the mobile crisis team has stabilized a situation in the field, this will be a critical tool to connecting the patient to early interventions and follow-up care. In a very real way, mental health issues do not sleep. They can prevent people from reaching out for support from friends, family, or professionals. Meeting people experiencing mental health struggles where they are at and when they are most in need can be critical to their successful recovery. Sonoma State University Rohnert Park is home to Sonoma State University (SSU). It is a small school with limited on campus living opportunities. The city of Eugene where CAHOOTS started is similarly a university town although with a much larger city and much larger university. Mental health and alternatives to police response are popular topics among college students. The Counseling and Psychiatric Services (CAPS) Department at SSU expressed belief that the students will have strong interest in a CAHOOTS model program. There are many places where a program like this will be of service to the student population. First, the mobile crisis team will respond to students for standard CFS in the way they would for anyone experiencing a crisis. In Eugene, the CAHOOTS team frequently responds to students who are experiencing suicidal thoughts or anxiety secondary to the stresses of school. There is also the need for welfare checks on students whose parents may not be able to contact them. Crises often occur after break- ups or sexual violence. A mobile crisis team would be an ideal response for any of these circumstances. The mobile crisis team will also be a great adjunct to the CAPS Department at the university. Currently, they have a crisis phone line that is staffed by their therapists in an on-call capacity. There may be circumstances that require transportation or an in-person response that cannot be provided in after- hours time frames. Additionally, there may be times when the CAPS Department’s staff are all busy with other clients when a student is in need of immediate assistance. A mobile crisis team that can be easily and quickly accessed during these times would be a great assistant to these services. Finally, there are times when people experiencing homelessness are on campus and need assistance getting to services or a more appropriate location. Because of the transport capabilities of the mobile crisis team, they are an ideal responder for these types of CFS. This will be a benefit to students, the university police, and the people experiencing homelessness on campus. Substance Use, Intoxication, and Addiction Using intoxicating substances is a common practice among human beings. Unfortunately, how we talk about and treat people who use intoxicating substances can be controversial. It creates division because there is debate about what it means to use drugs and what our response should be. This division suppresses conversation. When meeting with the directors of the county’s substance use section, they expressed that service providers tend to overlook the importance of support for substance use and addiction. This is important to hear. In Eugene, the CAHOOTS team frequently engages with acute substance use issues such as public intoxication or conflict mediation that is required due to one or multiple parties being intoxicated, but the ability to connect people to longer term treatment is difficult. Unfortunately, Sonoma County does not have a sobering center. It does have a short-term detox that is based on the social model of detox at Drug Abuse Alternatives Center (DAAC) also known as Orenda House. It is a non-medical detox program that offers 24/7 support for 3-5 days while someone withdraws from intoxicating substances. The county and law enforcement have both reported that police transport clients to this location. This represents another great opportunity to alleviate the burden of social service work that has been loaded on the police. Instead of taking an officer off the street, the mobile crisis team will be able to transport patients to the detox in a safe, supportive fashion. The social detox model does not include medical personnel. Throughout the interviews, service providers brought up the need for a medical detox in the county. The social detox model cannot accommodate people withdrawing from drugs like benzodiazepines whose withdrawal symptoms can be lethal. While this particular need does not affect the work of the mobile crisis team significantly, it is important to note that this need was brought up frequently during conversations. Of the calls reviewed, 100% of the category “Drunk in Public” in 2020 were determined to merit some form of mobile crisis response. These calls do not include welfare checks or calls on residents who are behaving erratically due to other forms of intoxication. Perhaps more importantly, a roving mobile crisis van could end up being the closest team to an overdose that occurs. The mobile crisis team adds one more unit who can assist on these types of CFS. Overdoses are also emotionally difficult for families of those who die from them. Under these circumstances, there can be a collective response of EMS attempting to resuscitate the patient, the police completing the mandated death investigation, and the mobile crisis team providing emotional support. This scenario shows how a first response system is significantly enhanced by a mobile crisis team. Finally, the mobile crisis team could be an important component in prevention of overdoses. During an exciting meeting with Lorie Violette of the organization Face to Face, C.R.I.S.I.S. Consulting learned that they use satellite distributors in the county to provide clean needles and naloxone kits to opiate users. A collaboration needs to be further explored, but it is possible the mobile crisis team could become a distribution point for naloxone as well as a mobile needle exchange. Homelessness Before launching into the many conversations with local service providers and the types of responses a mobile crisis team will make to people experiencing homelessness, it is important to summarize the pertinent data that has been collected by Sonoma County regarding homelessness through their most recent point-in-time (PIT) count. As a procedural note, PIT counts have structural deficiencies that prevent accurate counts of how many people experience homelessness throughout the year. They provide useful estimates for what the total unhoused population is on any given night. This count is our best representation of the quantities of people experiencing homelessness and attempts to approximate the quality of their experiences of homelessness. In total, Sonoma County had 2,745 people experiencing homelessness during the most recent count. 38% of them were living under shelter. Approximately 10.4% were in Rohnert Park and Cotati where there were 278 unsheltered and 7 sheltered residents counted. This total number of 285 residents is approximately 0.6% of the total population of the two cities. About 1 in every 200 residents is experiencing homelessness. Very few people experiencing homelessness in Rohnert Park are sheltered. None of them in Cotati are sheltered. There are interesting trends on the opposite ends of the spectrum in terms of the age of those experiencing homelessness. As unaccompanied minors and transition-aged youth (TAY) populations experiencing homelessness have decreased significantly over several years, first time homelessness among residents 50 years old and older is increasing. Since 2019, the population of residents 55 and older experiencing homelessness increased by 193. 25% of these residents reported that they became homeless due to unemployment. It is important to dispel some myths about how homelessness happens by using this report. While 62% of those who were interviewed during the count stated that they had mental health problems, only 9% stated that their mental health caused their homelessness. Instead, unemployment was reported as the number one reason for homelessness, and high rent costs were reported as the number one reason they could not get off the street. This combination of unemployment and high rent prices presents the biggest barrier to ending homelessness. While a mobile crisis team serves to maintain the health and provide services to residents experiencing homelessness, it does not end homelessness. It will take other initiatives to accomplish that. Another myth that must be dispelled is the idea that people experiencing homelessness are satisfied where they are and do not want housing. 84% of respondents during the count stated that they want housing. Meanwhile, 29% report that they have spent at least one night in jail in the last year, and 29% report using the ER in the last year. For perspective, if 29% of the total population of the county had spent at least one night in jail or gone to the ER in the last year, that would be approximately 143,000 individuals or 2.9 times the entire population of Rohnert Park and Cotati. The point is that experiencing homelessness disproportionately increases a person’s risk of going to jail or the ER, and the goal of the mobile crisis team will be to decrease these trips. The CAHOOTS model is not designed to be a homeless outreach team or housing case management. In fact, it is not designed to be a response to homelessness any more than the police and fire departments are. It just happens that experiencing homelessness creates crises. In some ways, living on the street is a non-stop crisis. The psychological toll of living without a roof over one’s head and experiencing constant external threats creates a greater propensity for mental health and substance use crises. The CAHOOTS model responds to people experiencing homelessness often because they are residents who experience emotional, mental health, physical, and material struggles like everyone else. Not only will this team positively affect health clinics and hospitals, it will also divert ambulances. EMS is the type of service that needs to always be ready for emergencies whether they are accidents, cardiac arrests, or overdoses. When minor health issues develop into emergencies, EMS is activated. If these minor health problems can be managed and cared for upstream, the need for emergency response will decrease. Minor wounds that go uncared for can lead to an array of emergencies. The mobile crisis team will be tasked with taking care of these minor issues before they grow. A few things that still need to be worked out will be the relationship between this team and its ability to utilize emergency shelters in surrounding cities in special circumstances. The other issue is drop-in services. COVID-19 prevents robust daytime drop-in services. These services have been limited due to the pandemic. The team will rely on transporting people to drop-in services, especially for people who are experiencing homelessness for the first time or are new to town. The protocols for this work in the face of a global pandemic will be an ongoing discussion. Access The most innovative piece of the CAHOOTS model is how the team is accessed. The police and the community are both looking to divert crisis calls to mobile crisis teams. This goal is not a new goal however most mobile crisis teams have been accessed via special 10-digit phone numbers that are not easily accessed without knowledge of them before the crisis begins. They have also been specifically focused on a small subset of calls that are handled by CAHOOTS-styled teams. In the CAHOOTS model, the mobile crisis team is treated the same as the fire department, EMS, or the police. The question driving this is how can these CFS be diverted if the emergency services providers are not involved in the access of the teams. CAHOOTS makes the team easily accessible by tying them into the centralized dispatch model that police, fire, and EMS have been using with great success for decades. CAHOOTS workers, and the teams based on the model in other cities, wear police or fire department radios. The dispatchers send out these teams after someone calls for assistance using either the non- emergency line or 911. This enables the model to be accessed in two ways. First, people calling can get a quick response through the rapid communication system of dispatchers dedicated to sending police, fire, and mobile crisis to CFS. Second, the mobile crisis teams can listen to the radio and request to be included on pertinent CFS that are given to the other responders. The plan in Rohnert Park and Cotati will be similar. The mobile crisis team will be accessed by the non-emergency number or 911 and dispatched by the police. C.R.I.S.I.S. Consulting has provided training materials from Eugene’s dispatch to Rohnert Park and Cotati. Before the team is operating on the street, C.R.I.S.I.S. Consulting will also participate in the training of the dispatchers, watch commanders, and line staff around what the team is capable of and what types of calls the team should be used on. Petaluma People Services Throughout the interviewing process, as C.R.I.S.I.S. Consulting was learning about the specific context of Rohnert Park and Cotati, we were also assessing who seemed best suited to manage the program. While there are several great services in the area, Petaluma People Services Center (PPSC) distinguished themselves in a variety of ways. First, they have a strong reputation in the community. This reputation is built by years of forming strong community bonds and developing innovative programs. These innovative programs have brought their services into almost every demographic in the area. They provide services for the youngest to the oldest citizens throughout Sonoma County. They work with people in their homes, people close to losing their homes, people living in shelters, and people living outside. Because mobile crisis teams are called upon to respond to a vast array of people in all living and economic circumstances, the experiences of PPSC were key to their selection. Second, PPSC works closely with mental health professionals and currently employs many of them in their counseling services. Staffing people on teams based on the CAHOOTS model can be difficult. PPSC has a pool of people with the relevant experiences to staff vans like this. They have made it clear that they are committed to hiring diverse staff who are bilingual and bi-cultural when possible. Since their selection, they have committed to ensuring that at least one member of the van is bilingual, and if that is not possible, being sure to make translation services available. This is important for enabling this team to be able to serve all of Rohnert Park and Cotati’s residents. There is also an opportunity to achieve an economy of scale because Petaluma is using PPSC to run their mobile crisis response team. They are an excellent, driven group of people at PPSC and possess the attitude and perspective necessary to make this program successful. Their relationships and scope of service make them a great organization to provide these services. Sonoma County is fortunate to have this service in their city limits. Not every region does. Conclusion In reality, this is not a conclusion but a beginning. Rohnert Park and Cotati have taken the bold step of creating a new system of care for its residents. This step should be applauded. It is forward-thinking and innovative while still rooting it in a model that has worked for a very long time. The CAHOOTS team has learned lessons through their three-decade long existence. Those lessons are now being passed on to the cities of Rohnert Park and Cotati and their efforts to create a mobile response team based on that model. C.R.I.S.I.S. Consulting is honored to be a part of this work. ITEM NO 7.B. Meeting Date: July 13, 2021 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Consider Adopting a Council Policy for Outdoor Display of Flags at City Facilities RECOMMENDED ACTIONS: Adopt a Council Policy for Outdoor Display of Flags at City Facilities. BACKGROUND: Following a brief discussion of Matters from/for Council at the City Council meeting of June 8, 2021, this item was placed on the June 22, 2021 agenda at the request of Mayor Giudice and Vice Mayor Elward pursuant to the City Council Protocols. ANALYSIS: Currently, the City displays the United States Flag and the State of California Flag in accordance with Federal and State law. City flagpoles are typically not a public forum and flags flown on City poles represent the official sentiments of the City. To avoid public confusion regarding the nature of the forum, and to ensure that the City retains control over all flags displayed on City property, staff recommend the adoption of the attached flag policy by Council. Staff prepared a prepared a draft policy to facilitate a discussion between Council at the City Council meeting of June 22, 2021 to determine whether or not the Council would like to establish a policy to govern the flying of flags, including ceremonial flags, on flagpoles on City property. Council discussed the proposed policy and directed staff to return with a final policy for the outdoor display of governmental and nongovernmental flags on City property. Council also indicated it it wished to include in the policy the following ceremonial flags: 1. Pride Flag 2. POW/MIA Flag 3. Juneteenth Flag OPTIONS CONSIDERED: 1. Staff recommends Council adopt the attached policy, which reflects the direction provided to staff at the City Council meeting of June 22, 2021. 2. The Council could choose not to adopt a policy, or direct staff to revise the attached policy. 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. FISCAL IMPACT/FUNDING SOURCE: None. City Manager Approval Date: 07/8/2021 Finance Director Approval Date: N/A City Attorney Approval Date: N/A Attachments: 1. Council Policy for Outdoor Display of Flags at City Facilities CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: DISPLAY OF FLAGS AT CITY FACILITIES ☐ RESO NO:_____________ ☐ MINUTE ORDER Page 1 of 4 1. PURPOSE The purpose of this policy is to standardize the manner in which the national, State, City and Ceremonial flags, as identified herein, are to be displayed at certain City of Rohnert Park facilities. The City's flagpoles are not intended to serve as a forum for free expression by the public. Nothing set forth in this policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or to wear or carry a flag. 2. POLICY Outdoor Display The United States, State (“Bear”), City, Ceremonial, and Warning flags may be flown from separate staffs or may be flown from the same flag staff as follows: a. When two or more flags are flown from the same staff, the flag of the United States should always be at the peak of the staff. b. When three or more flags are flown on the same staff, the United States flag shall be on top followed by the Bear Flag of the State of California, followed by City, Ceremonial or Warning flags. c. When three or more flags are grouped and displayed from separate staffs, the flag of the United States should be at the center and at the highest point. The Bear Flag of the State of California is accorded the next place of honor on the viewer's left as they face the building (refer to (a) above). d. Flags should be displayed during regular business hours. Illuminated flags may be displayed 24 hours a day. Flags should not be flown in inclement weather. City Council Chambers The United States flag should be displayed on a staff in the position of honor on the right side of the City Council. Any State, City or Ceremonial flags should stand on the left side of the City Council. All flags should be on the same riser. Flying Flags at Half Staff a. “Half-staff” is a style of flag display where a flag is flown approximately one-half the distance between the top and bottom of the staff. b. All flags displayed on City-owned property pursuant to this policy may be flown at half- staff on the following occasions: i. By required order through proclamation by the President of the United States ii. By required order through proclamation by the Governor of California iii. Memorial Day, last Monday in the month of May CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: DISPLAY OF FLAGS AT CITY FACILITIES ☐ RESO NO:_____________ ☐ MINUTE ORDER Page 2 of 4 iv. National Peace Officers Memorial Day each May 15th v. Periods of Local Mourning as determined by the City Manager or the Mayor which shall normally be limited to the day on which the funeral is held. Ceremonial Flags For purposes of this Policy, the term “ceremonial flag” shall mean any flag that identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by displaying the flag. 1. Unless previously approved by Council, ceremonial flags shall not be displayed on flag poles inside or outside City facilities. 2. C eremonial flags shall be authorized for display for a period of time that is reasonable or customary for the ceremony or the subject to be commemorated, but no longer than thirty-one continuous days. If the Council authorizes more than two flags for one month, then each flag shall be displayed no more than fifteen days each. 3. Authorization for display is an expression of the City’s official sentiments, consistent with the City’s values. The City's flagpoles are not intended to serve as a forum for free expression by the public. 4. Ceremonial flags will be flown in accordance with all applicable provisions of Federal and state laws. The following ceremonial flags, as identified below, may be flown at City Hall only during the time period specified. Flags need not be flown for the entire time period specified. The following Ceremonial flags may be displayed by the City, below the United States flag, Bear flag and City flag, as an expression of the City’s official sentiments: Pride Flag - The Ceremonial Pride flag may be displayed for one day during the month of June. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: DISPLAY OF FLAGS AT CITY FACILITIES ☐ RESO NO:_____________ ☐ MINUTE ORDER Page 3 of 4 National League of Families POW/MIA flag (which is recognized as a national symbol by Congress. (32 U.S.C.§ 902.)) may be displayed on Veteran’s Day. Freedom Day or Juneteenth National Independence Day may be displayed on June 19 of each year or the closest weekday before June 19 if it falls on a weekend. Warning Flags Warning flags, designed to give notice to the public of hazards, may be displayed on flagpoles at Department of Public Safety facilities below where determined appropriate by the Director of Public Safety or designee. Such flags may include, but need not be limited to, the display of a “red flag” to designate the existence of Red Flag Warning issued by the National Weather Service, or flags to designate the likelihood of other extreme weather events. Nothing in this policy limits the ability of City staff to erect flags, signs, or other warning devices at any other location where necessary to protect public health and safety. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: DISPLAY OF FLAGS AT CITY FACILITIES ☐ RESO NO:_____________ ☐ MINUTE ORDER Page 4 of 4 Implementation The Department of Public Safety is responsible for bringing the flag displays at the fire stations and police stations into compliance with this policy. The Department of Public Works is responsible for bringing the flag displays at all other City facilities into compliance with this policy. REVISION HISTORY: ITEM NO.____7.C.____ And Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 13, 2021 Department: Legal/Human Resources Submitted By: Michelle Marchetta Kenyon, Cit y Attorney Prepared By: Victoria Perrault, Human Resources Director Agenda Title: Consideration and Adoption of Resolution Approving First Amendment to Employment Agreement Between the City of Rohnert Park and Darrin Jenkins for City Manager Services RECOMMENDED ACTION: Approve the attached resolution approving First Amendment to the Employment Agreement between the City of Rohnert Park and Darrin Jenkins for City Manager Services. BACKGROUND: On November 13, 2018, the City entered into an Employment Agreement with Darrin Jenkins to retain his services as the City Manager (“Employment Agreement”). On June 8, 2021 the City Council approved the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Management Unit (“Management Unit Outline”) effective June 8, 2021 to June 30, 2025. It provides for the following salary adjustments: 1. Effective the pay period beginning June 6, 2021 employees shall receive a three and one half (3.5%) increase to base salary. 2. Effective the first day of the pay period that includes July 1, 2022, employees shall receive a two percent (2%) increase to base salary. 3. Effective the first day of the pay period that includes July 1, 2023, employees shall receive a two and one half percent (2.5%) increase to base salary. 4. Effective the first day of the pay period that includes July 1, 2024, employees shall receive a three percent (3%) increase to base salary. In addition to the salary adjustments outlined above, the approved Management Unit Outline provides for the following increases to certain benefits for Management Unit employees: • Automobile Allowance – Increase from $440.10/month to $458.14/month On July 1 of each year, the automobile allowance is adjusted by an amount to be determined by the Bay Area All Urban Workers Consumer Price Index (CPI). The amount of the adjustment is based upon the ITEM NO.____7.C.____ change in the CPI from April of the year prior to April of the current year. • Administrative Leave – Ability to Cash Out up to 50 hours (instead of 25 hours) Employees receive one hundred (100) hours of Administrative Leave on July 1 each year. Up to fifty (50) hours of unused Administrative Leave may be paid in cash or its equivalent value applied towards an approved benefit program. Finally, the approved Management Unit Outline also mirrors and approves the following increases in benefits that are applicable to all regular City employees in all units: • City’s Contribution Toward Health Insurance – Increase Between $31.80 - $90.00/month The City’s contribution is based on an employee’s enrollment level (Employee only, Employee +1, Family). • Alternate Benefit - Increase from $350 to $400/month Employees who opt out of medical coverage are eligible to receive an alternate benefit to be provided as a contribution to the employee’s deferred compensation account or for the purchase of supplemental life insurance and/or any other eligible benefit program approved and authorized by the City. ANALYSIS: In order to provide Mr. Jenkins with the same salary and benefit increases provided to other management employees who do not have employment contracts and who are covered by the Management Unit Outline, it is necessary to amend his existing Employment Agreement. The attached employment agreement amendment provides for the base salary adjustments outlined below: Current Salary Effective 6/6/21 Effective 7/1/2022 Effective 7/1/2023 Effective 7/1/2024 3.5% increase 2% increase 2.5% increase 3% increase $ 248,101.25 $ 256,784.79 $ 261,920.49 $ 268,468.50 $ 276,522.56 The Employment Agreement also provides similar additional benefits as other Management Unit employees except that the City Manager will not receive retiree medical benefits. Consistent with the prior agreement, the City Manager is also entitled to accrue annual leave hours up to a maximum of 1100 hours and will receive 5% of his base salary placed into a deferred compensation 401(a) account, as outlined below: Current 401a contribution Effective 6/6/21 Effective 7/1/2022 Effective 7/1/2023 Effective 7/1/2024 $ 1,033.76 $ 1,069.94 $ 1,091.34 $ 1,118.62 $ 1,152.18 The Council is asked to approve the attached Resolution which approves the First Amendment to Employment Agreement and to execute the attached First Amendment to Employment Agreement with Darrin Jenkins. ITEM NO.____7.C.____ STRATEGIC PLAN ALIGNMENT: Approval of this item would ensure compliance with the City’s adopted Strategic Plan by safeguarding the effective delivery of public services which aligns with Goal C. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends approving this item as the City Manager position is vital to ensuring the efficient and effective delivery of public service to the Rohnert Park community. 2. Alternative Option: Council could opt not to amend the employment agreement with the current City Manager, but staff does not recommend this option as it would negatively affect service levels and compromise organizational efficiency. FISCAL IMPACT/FUNDING SOURCE: This salary adjustment is included in the Citywide salary adjustment projections for fiscal year 2021/22. There is no additional fiscal impact. Department Head Approval Date: N/A City Manager Approval Date: July 8, 2021 City Attorney Approval Date: July 2, 2021 Finance Director Approval Date: N/A Attachments: 1. Resolution Approving the First Amendment to the Emplo yment Agreement Between the City of Rohnert and Darrin Jenkins for City Manager Services. 2. First Amendment to the Employment Agreement – Darrin Jenkin RESOLUTION NO. 2021-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND DARRIN JENKINS FOR CITY MANAGER SERVICES WHEREAS, on November 13, 2018, City entered into an Employment Agreement with Darrin Jenkins (“Employment Agreement”) to retain his services as the City Manager; and WHEREAS, the City and Darrin Jenkins desire to further amend the Employment Agreement to modify the terms and conditions of Darrin Jenkins’ employment as City Manager to provide Mr. Jenkins with the same salary and benefit adjustments provided to other management employees who do not have employment contracts and who are covered by the Management Unit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby approves the First Amendment to Employment Agreement between the City of Rohnert Park and Darrin Jenkins for City Manager Services in substantially the same form attached hereto as Exhibit "A," which is incorporated herein by this reference. BE IT FURTHER RESOLVED, that the Mayor is authorized and directed to execute same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 13th day of July, 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” FIRST AMENDMENT TO EMPLOYMENT AGREEMENT Between CITY OF ROHNERT PARK AND DARRIN JENKINS 1. PARTIES AND EFFECTIVE DATE The parties to this First Amendment to Employment Agreement (“First Amendment”) are the City of Rohnert Park (“City”) and Darrin Jenkins (“Employee”). The effective date of this First Amendment shall be June 6, 2021. 2. PURPOSE The parties have previously entered into an Employee Agreement between City of Rohnert Park and Darrin Jenkins (“Employment Agreement”) effective as of November 13, 2018. The City and Employee hereby desire to amend the Employment Agreement as set forth below. 3. AMENDMENT TO SECTION 4 Section 4(A)(1)(a) of the Employment Agreement is hereby modified in its entirety to read as follows: A. Compensation & Required Employer Costs (1) Base Salary (a) Effective June 6, 2021, the annual salary for the position of City Manager shall be $256,784.79 (which represents a 3.5% increase from the previous year). Effective on the first day of the pay period which includes July 1, 2022, the annual salary for the position of City Manager shall be $261,920.49 (which represents a 2% increase from the previous year). Effective on the first day of the pay period which includes July 1, 2023, the annual salary for the position of City Manager shall be $268,468.50 (which represents a 2.5% increase from the previous year). Effective on the first day of the pay period which includes July 1, 2024, the annual salary for the position of City Manager shall be $276,522.56 (which represents a 3% increase from the previous year). 4. GENERAL PROVISIONS A. This First Amendment consists of pages 1 through 2 inclusive and constitutes the entire understanding and agreement of the parties and supersedes all negotiations or Jenkins Second Amendment to Employment Agreement City of Rohnert Park Page 2 of 2 Page 2 of 2 previous agreements between the parties with respect to all or any part of the terms discussed in this Second Amendment. B. Except as specifically modified herein, all remaining terms and obligations set forth in the Employment Agreement between the City of Rohnert Park and Employee shall remain in full force and effect. CITY OF ROHNERT PARK By:_____________________________ Gerard Giudice, Mayor Dated:___________________________ Per Reso. No. 2021-___ adopted______. EMPLOYEE By:______________________________ Darrin Jenkins Dated:___________________________ APPROVED AS TO FORM: By:__________________________ Michelle Marchetta Kenyon City Attorney Attest: By: _________________________ City Clerk