2022/02/08 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, February 8, 2022
Open Session: 5:00 PM
CORONAVIRUS (COVID-19) ADVISORY NOTICE
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF
GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES
TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN
PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED
A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS
TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT
ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER
TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.
Consistent with Government Code section 54953, and in light of the declared state of emergency and
the recent surge in COVID-19 infections due to the omicron variant, the Regular Meeting will not be
physically open to the public and all City Council Members will be teleconferencing into
the meeting via Zoom.
How to observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of the
public can observe the meeting on Cable Channel 26 or by visiting meeting central on our website
https://www.rpcity.org/city_hall/city_council/meeting_central
Participate in the Meeting by Providing Public Comment:
To join by computer, tablet, or mobile device: Go to https://zoom.us/join and type in the Webinar
ID: 835 0630 9594 and Passcode: 641209 or follow this link:
https://us06web.zoom.us/j/83506309594?pwd=M1NLV1g5K0MwdEFBKzVhOFJYYXh0UT09 Fill in
your full name, verify you are not a robot (if required), and click “Join”.
To join by phone dial US +1 669 900 6833 or +1 253 215 8782 and enter in the Webinar ID: 835
0630 9594 and Passcode: 641209 and press #.
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).
Live verbal public comments may be made by members of the public joining the meeting via Zoom
using the information provided above. The City Clerk will call on people to speak by name provided
or last 4 digits of phone number for dial-in attendees.
Agenda Revised 2/4/2022
Item 11.B and 11.C. added
Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand” and then *6 to unmute
yourself) during the public comment period for the agenda item you wish to address.
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. The emails will 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.
City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org.
PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items
listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing
Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you
or someone else 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).
Note: The format of this meeting may be altered or the meeting may be canceled if needed. You may
check on the status of the meeting by visiting the City’s website at www.rpcity.org for any updates.
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL
TO ORDER/ROLL CALL
(Giudice_____Hollingsworth-Adams_____Stafford_____Linares_____Elward_____)
2.PLEDGE OF ALLEGIANCE
3.PRESENTATIONS
3.A Mayor's Proclamation: Proclaiming February 2022 as Black History Month in the City of
Rohnert Park
Item 3.A.
4.SSU STUDENT REPORT
4.A By Charles Bordy, Director of Legislative Affairs, Sonoma State University Associated
Students, Inc. (SSU ASI)
5.DEPARTMENT HEAD BRIEFINGS
6.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.
7.CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one or more action(s) of the City
Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community
Development Commission, whichever is applicable, unless any Council Member or anyone else
interested in a consent calendar item has a question about the item.
Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines
specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time
within which the decision may be challenged to the 90th day following the date that the decision
becomes final.
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code Section
54952.3): Members of the City Council receive no additional compensation as a result of convening this
joint meeting of the City Council and the Rohnert Park Financing Authority.
CITY COUNCIL STRATEGIC PRIORITIES: On January 26, 2021, the Rohnert Park City Council
adopted ten strategic priorities for 2021 (listed below in no particular order):
a.Navigating through COVID-19 f.General Plan update
b.Climate change g.Infrastructure, maintenance and beautification
c.Police/community relations and accountability h.Make progress on the downtown
d.Services for unhoused people i.Attract housing at all levels
e.Financial health
Council Motion/Roll Call Vote:
(Giudice_____Hollingsworth-Adams_____Stafford_____Linares_____Elward_____)
7.A Acceptance of Reports from Finance Department:
7.A.1 RPFA - Cash Report for Month Ending December 31, 2021
7.A.2. Housing Successor Agency - Cash Report for Month Ending December 31, 2021
7.A.3. Successor Agency - Cash Report for Month Ending December 31, 2021
7.A.4. City Cash Report for Month Ending December 31, 2021
7.B Approval of Minutes for:
City Council/RPFA/Successor Agency/Foundation Joint Regular Meeting, January 25,
2022
7.C Adopt Resolution 2022-018 Approving the Application for Rural Recreation and Tourism
Grant Funds for the Revitalization of Alicia Park
Item 7.C.
7.D Adopt Resolution 2022-019 Appropriating Funding from American Rescue Plan Act Fund
and Approving Changes to the City’s FY21-22 Adopted Budget
Item 7.D.
7.E Waive Second Reading and Adopt Ordinance No. 958, An Ordinance Amending Sections
8.34.140, 8.34.160, and 8.34.190 of the Rohnert Park Municipal Code to Align with
Statewide Responsible Beverage Service Training Requirements and to Update Billing
and Reporting Requirements to Coincide with the City’s Fiscal Year
Item 7.E.
7.F Authorize the City Manager to Execute a Master Services Agreement and Task Order No.
2022-01 with Kitchell/CEM, Inc. in the Amount of $146,500 for the Buildings Condition
Assessment Project (2021-05)
Item 7.F.
7.G Authorize the City Manager to Execute a Master Agreement for Consultant Services with
Dudek for Planning and Environmental Services
Item 7.G.
8.REGULAR ITEMS
8.A PUBLIC HEARING: Consideration of Proposed Five-Year Water Rate Schedule and
Temporary Water Shortage Surcharge Structure, and Adoption of Proposed Water Rates
for the City of Rohnert Park
A. Staff Report
B. Conduct Public Hearing
C. Resolution for Adoption: Resolution 2022-020 Adopting Five-Year Water Rate
Schedule and Temporary Water Shortage Surcharge Structure
D. Council Motion/Vote:
(Giudice_____Hollingswoth-Adams_____Stafford_____Linares_____Elward_____)
Item 8.A.
8.B Discussion and Direction Regarding Town Hall Meetings
A. Staff Report
B. Public Comments
C. Council Discussion/Direction
Item 8.B.
8.C Time Certain 6:30 p.m. PUBLIC HEARING: Third Public Hearing to Review, Discuss
and Revise Draft Maps and Receive Direction from City Council on District Boundaries
A. Staff Report
B. Conduct Public Hearing
C. Council Discussion/Direction
Item 8.C.
9.COMMITTEE / LIAISON / OTHER REPORTS
This time is set aside to allow Council members serving on Council committees or on regional
boards, commissions or committees to present a verbal report on the activities of the respective
boards, commissions or committees on which they serve. No action may be taken.
9.A Standing Committee Reports:
9.B Liaison Reports:
9.C Outside Agency Appointment Reports:
1. Mayors and Council Members' Association of Sonoma County Legislative Committee
(1/28)
2. Sonoma Clean Power (2/3)
3. Health Action Council (2/4)
4. Water Advisory Committee to Sonoma Water (2/7)
9.D Other Reports:
1. Golden Gate Bridge, Highway & Transportation District (1/28)
2. Sonoma County Local Agency Formation Commission (2/2)
10.COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council
Members desiring to read or discuss any communication may do so at this time. No action may be
taken except to place a particular item on a future agenda for Council consideration.
11.MATTERS FROM/FOR COUNCIL
Any member of the City Council may place an Item on “Matters from/for Council” before the City
Council meeting by providing the City Manager with the title of the item before the agenda is
published. The purpose of the City Council discussion on such item will be to determine whether it
will be placed on a subsequent agenda for deliberation and action. A concurrence of two
Councilmembers will be sufficient to add the item on a subsequent agenda. In accordance with the
Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for
brief reports on his or her own activities or brief announcements regarding an event of community
interest.
11.A Revisit Community Center Sign Minimum Message Duration of 30 Seconds
11.B Electric Vehicle Infrastructure Training Program
11.C Resolution of Support for SB 237 Dyslexia Risk Screening
12.PUBLIC COMMENTS
Persons wishing to address the Council on any Consent Calendar item or on City business not
listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those
wishing to address the Council should refer to Page 1 for information on how to submit public
comments.
13.ADJOURNMENT
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds.
If you wish to speak on an item under discussion by the Council which appears on this agenda, please
refer to page 1 for more details on submitting a public comment. Any item raised by a member of the
public which is not on the agenda and may require Council action shall be automatically referred to
staff for investigation and disposition which may include placing on a future agenda. If the item is
deemed to be an emergency or the need to take action arose after posting of the agenda within the
meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine
if it is an emergency item under said Government Code and may take action thereon.
AGENDA REPORTS & DOCUMENTS: A paper copy of all staff reports and documents subject to
disclosure that relate to each item of business referred to on the agenda are available for publich
inspection at City Hall, 130 Avram Avenue, Rohnert Park, California 94928. 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 be made available for inspection at
City Hall and on our website at the same time. Any writings or documents subject to disclosure that are
provided to the City Council during the meeting will be made available for public inspection during
meeting and on our website following the meeting.
AMERICAN DISABILITY ACT 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, Sylvia Lopez Cuevas, City Clerk, for the City of Rohnert Park, declare that the foregoing revised
agenda was posted and available for review on February 4, 2022, 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 4th day of February, 2022 at Rohnert Park, California.
Sylvia Lopez Cuevas
Office of the City Clerk
PPP rrr ooo ccc lll aaa mmm aaa ttt iii ooo nnn
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
Proclaim
F EBRUARY 2022 AS B LACK H ISTORY M ONTH
IN THE C ITY OF R OHNERT P ARK
Whereas, Black History Month is celebrated every February in recognition of achievements by Black
Americans and all people of African descent in the United States; and
Whereas, Dr. Carter G. Woodson established the observance of Black History Week in 1926 for the
purpose of revealing and honoring the contributions, achievement, and involvement of African-Americans
in the development of our nation; and
Whereas, the observance of Black History Month seeks to emphasize the countless contributions made by
African-Americans in all aspects of our nations fabric, including but not limited to, Education,
Government, Civil Rights, History, Law, Science, Literature, Medicine, Music, and the Arts; and
Whereas, we honor and recognize the many contributions made by African-Americans and African-
American Organizations. It is an opportunity to pay tribute to the numerous heroes of African American
history who have inspired creativity and innovation for future generations. Black History month also serves
as a reminder of the importance of teaching the history of those who came before us; and
Whereas, African-Americans for generations have courageously led the pursuit of justice and equality,
struggling to overcome the past, yet still moving forward to take on the challenges to advance reform and
break down barriers. The City of Rohnert Park is strengthened and enriched by citizens of every race,
religion, color and creed; and
Whereas, this Black History Month, let us draw inspiration and courage from the heroes who came before
us, as we continue the work toward full equality and representation.
Now, Therefore, be it Proclaimed that I, Jackie Elward, as Mayor and on behalf of the City Council,
do herby proclaim February 2022 as Black History Month in the City of Rohnert Park. We value and
recognize the contributions by our local black heroes in both Sonoma County and Rohnert Park. I
encourage all of you to observe, recognize, and celebrate the culture, heritage, and contributions of
African-Americans to our country, our state, and our city.
Duly and Regularly Proclaimed this 8th day of February 2022.
CITY OF ROHNERT PARK
Jackie Elward, MAYOR
Item 3.A.
PARTICIPATE IN OUR COMMUNITY SURVEY
WWW.RPCITY.ORG/SURVEY
From:
To:Public Comment
Subject:Homeless camp garbage
Date:Thursday, February 3, 2022 1:40:35 PM
EXTERNAL EMAIL
I glad to see the improvements at Roberts Lake Road.portable toilets etc.
There needs to be a place to put trash but we don't need to pick up the trash for persons living
at site .They need to pick up there own trash and put it into a trash bin.
Charles Robinett
Item 6 Supplemental
From:
To:Garrett, Vanessa; Public Comment
Cc:
Subject:Jennifer Coleman: Roundabout Road Closure Southwest and Commerce Boulevard
Date:Thursday, February 3, 2022 11:05:24 PM
EXTERNAL EMAIL
Hello City Council and Public Works,
There are problems affecting business and pedestrian stakeholders due the the Southwest
and Commerce Boulevard roundabout construction project and road closure. Although
business owners were made aware of the construction timeline and detour, many say they
were not explicitly informed that the roads would be temporarily closed, as in, permanently
closed during the weeks and months of the project. To this end, business owners have
suffered a lack of information and lost opportunity to have preemptively voiced their
opinions to City Council during the planning stages of this project; opinions, which could
have mitigated their present financial plight. This equates to financial loss of road and
pedestrian commerce to mild, moderate and severe states of crisis. Some businesses
purport to be losing thousands of dollars per day, and having to lay off workers in what is
already a lean and precarious workforce during this pandemic. Some pedestrian residents
who have no vehicle are having to pay for taxi fare to their walking destination, since the
construction zone does not provide a walkway around the project. As a concerned resident,
I ask that the City Council and Public Works reassess these hardships to the businesses
and pedestrians along Southwest and Commerce Boulevard, and to find a way to re-open
the roadways to prevent further financial catastrophe for these businesses at risk.
Ms. Garrett, may I have a moment of your time to receive a phone call response? My cell is
Thank you,
Jennifer Coleman
Jennifer Coleman
Owner & Founder
Business Development
Sun Source Solar Brokers
Solar Brokers 4 Charity
P.O. Box 12
Cotati, CA 94931
REDUCE! Then produce...
www.SunSourceSolarBrokers.com
Item 7.A.1.
Item 7.A.2.
Item 7.A.3.
Item 7.A.4.
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
And Foundation Board Special Meeting
Tuesday, January 25, 2022
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING AND FOUNDATION BOARD SPECIAL MEETING - CALL TO
ORDER/ROLL CALL
Mayor Elward called the joint regular meeting to order at 5:02 p.m., the notice for which
being legally noticed on January 20, 2022. There was no physical location for this meeting
but the agenda included language on how to observe and attend the meeting as well as how
to submit live public comment.
Present and also attending via Zoom Video Communications:
Jackie Elward, Mayor
Willy Linares, Vice Mayor
Gerard Giudice, Councilmember
Susan Hollingsworth-Adams, Councilmember
Pam Stafford, Councilmember
Absent: None
Staff present and also attending via Zoom Video Communications: City Manager Jenkins,
City Attorney Kenyon and Information Systems Operations Manager Rowley.
Staff attending via Zoom Video Communications: Development Services Director Pawson,
Finance Director Bali, Director of Public Safety Mattos, Director of Public Works Garrett,
Director of Community Services Bagley, Planning Manager Beiswenger, Housing
Administrator Garcia, Senior Analyst L. Tacata, Senior Code Compliance Officer Kirk,
Deputy City Clerk Machado and City Clerk Lopez Cuevas.
2.PLEDGE OF ALLEGIANCE
Led by Demitria Rogers, 4th Grade Student, Santa Rosa Meadow View Elementary School.
3.PRESENTATIONS
A.Mayor's Proclamation: Proclaiming February 1, 2022 as Lunar New Year in the
City of Rohnert Park.
Mayor Elward read the Proclamation and presented it to Azy Heydon, Representative of
Redwood Empire Chinese Association (RECA) and Grace Cheung Schulman and Elizabeth
Item 7.B.
City of Rohnert Park Joint Regular Meeting Minutes for City Council January 25, 2022
RPFA/CDC Successor Agency and Foundation Special Meeting Page 2 of 8
Escalante, Representatives of American Asian Pacific Islander Coalition-North Bay
(AAPIC-NB).
4. DEPARTMENT HEAD BRIEFING
Update on City's 2022 Independence Day Celebration by Director of Community
Services Bagley
Director of Community Services Bagley spoke about the department’s celebration plans and
informed that the celebration will take place at the Community Center Complex on Monday
July 4, 2022 at a time TBD.
City Manager Jenkins explained the logistics of the hybrid-meeting format.
City Manager Jenkins announced that the community survey for 2022 is now available and
that over 1,200 people have completed the survey to date.
5. PUBLIC COMMENTS
Eris Weaver, Executive Director of the Sonoma County Bicycle Coalition, spoke about
Roberts Lake and bicycle lanes.
6. CONSENT CALENDAR
Disclosure of potential conflict of interest:
Councilmember Giudice stated that he leases premises in SOMO Village and therefore has
potential financial conflict of interest and will recuse himself from item 6.E.
6.A Acceptance of Reports from Finance Department:
City Bills/Demands for Payment dated January 5 through January 18, 2022
City Council Quarterly Expense Report (October, November, December 2021)
6.B. Approval of Minutes for City Council/RPFA/Successor Agency/Foundation Joint
Regular Meeting, January 11, 2022
6.C. Acceptance of Code Compliance Fourth Quarter 2021 Report and 2021 Annual
Report Pulled by Councilmember Stafford
6.D. Adopt Resolution 2022-010 Proclaiming the Continuing Need to Meet by
Teleconference
6.E. Adopt Resolution 2022-011 to Accept the SOMO Village Fire Station Parcel (APN
046- 051-048) and a Resolution 2022-012 to Vacate a Portion of the Bodway
Parkway Right- of-Way Located between Camino Colegio and Valley House Drive
(CEQA: Consistent with SOMO Village EIR and Supplemental EIR)
6.F. Adopt Resolution 2022-013 Approving a Consultant Services Agreement with 4Leaf
Inc for Professional Plan Check Services Related to Dowdell Delivery Station
(CB21-0067) and request increases in General Fund Appropriations
6.G. Adopt Resolution 2022-014 Authorizing and Approving the City of Rohnert Park
Pay Rates and Ranges Effective as of January 1, 2022
6.H. Adopt Resolution 2022-015 Authorizing the City Manager to Sign a Second
Amendment to the Third Amended and Restated Agreement between the City of
Rohnert Park and Rohnert Park Disposal, Incorporated for Refuse, Recyclable
Materials, Compostable Materials and Street Sweeping Services
City of Rohnert Park Joint Regular Meeting Minutes for City Council January 25, 2022
RPFA/CDC Successor Agency and Foundation Special Meeting Page 3 of 8
6.I. Waive Second Reading and Adopt Ordinance No. 957, an Ordinance of the City
Council of the City of Rohnert Park Adding a New Section 2.66.025, “Adoption of
City Council District Boundaries” to Chapter 2.66, “District Elections” within Title
2 of the Rohnert Park Municipal Code to Allow for Adoption of the District
Boundaries by Resolution
6.J. Approve Task Order 2021-06 with Green Valley Consulting Engineers for On-Call
Construction Management and Inspection for the University District in the Amount
of $355,000
6.K. Authorize the City Manager to Execute Task Order 2022-01 with GHD, Inc. for
Land Acquisition, Environmental Consultation, Rule 20A Coordination, and Design
Services for Keiser Avenue Phase 3 (Project 2017-18), in an Amount Not-to-Exceed
$509,127
6.L. Sonoma County Mayors’ and Councilmembers’ Association Matters: Support
“Letters of Interest” for Appointment to Vacancy by the Mayors’ and
Councilmembers’ Association Board and the City Selection Committee and Approve
Voting Representative Delegation Letter
ACTION: Moved/seconded (Stafford/ Hollingsworth-Adams) to approve the
consent calendar with the exception of Item 6.C. (Councilmember
Giudice is abstaining and not voting on Consent Item 6.E.)
Consent calendar with the exception of Items 6.C. and 6.E. was
adopted by the following 5-0-0 unanimous roll call vote: AYES:
Giudice, Hollingsworth-Adams, Stafford, Linares and Elward NOES:
None, ABSTAINS: None, ABSENT: None.
Item 6.E. was adopted by the following 4-0-1-0 roll call vote: AYES:
Hollingsworth-Adams, Stafford, Linares and Elward NOES: None,
ABSTAINS: Giudice ABSENT: None.
6.C Acceptance of Code Compliance Fourth Quarter 2021 Report and 2021 Annual
Report
ACTION: Moved/seconded (Stafford/ Hollingsworth-Adams) to approve Item
6.C.
Motion carried by the following 5-0-0 unanimous roll call vote:
AYES: Giudice, Hollingsworth-Adams, Stafford, Linares and Elward
NOES: None, ABSTAINS: None, ABSENT: None.
7. REGULAR ITEMS
A. Receive Update on Police Oversight and Police/Community Relations and
Approve Moving Forward with Implementation. Director of Public Safety Mattos
presented this item. Recommended Action(s): Approve moving forward with the next steps
of implementing the Independent Police Auditor, Public Safety Calendar, and the creation of
City of Rohnert Park Joint Regular Meeting Minutes for City Council January 25, 2022
RPFA/CDC Successor Agency and Foundation Special Meeting Page 4 of 8
the “Community’s Public Safety Roundtable” because staff received overwhelming support
from the pubic during the community meetings.
PUBLIC COMMENTS: Jim Duffy and Christina Meyer spoke about this item.
ACTION: Moved/seconded (Stafford/Giudice) to move forward with staff
recommendations of implementing the Independent Police Auditor,
Public Safety Calendar, and the creation of the “Community’s Public
Safety Roundtable.”
Motion carried by the following 5-0-0 unanimous roll call vote:
AYES: Giudice, Hollingsworth-Adams, Stafford, Linares and Elward
NOES: None, ABSTAINS: None, ABSENT: None.
B. Consideration of a Resolution Authorizing City Attorney to Enter into an
Agreement with Michael Gennaco dba OIR Group and Authorizing the City
Attorney to Take All Actions Necessary to Implement the Independent Police Auditor
Program for Review of the Public Safety Department. City Attorney Kenyon presented
this item. Recommended Action(s): Adopt Resolution 2022- 016 Authorizing City
Attorney to enter into an agreement with Michael Gennaco dba OIR Group and
Authorizing the City Attorney to take all actions necessary to implement the Independent
Police Auditor Program for review of the Public Safety Department.
PUBLIC COMMENTS: Jim Duffy spoke about this item.
ACTION: Moved/seconded (Elward/Hollingsworth-Adams) to adopt Resolution
2022-016.
Motion carried by the following 5-0-0 unanimous roll call vote:
AYES: Giudice, Hollingsworth-Adams, Stafford, Linares and Elward
NOES: None, ABSTAINS: None, ABSENT: None.
C. Consider Introducing by Title Only, and Waiving Reading of Ordinance No.
958 - an Ordinance Amending Sections 8.34.140, 8.34.160, and 8.34.190 of the Rohnert
Park Municipal Code to align with Statewide Responsible Beverage Service Training
Requirements and to Update Billing and Reporting Requirements to coincide with the
City’s Fiscal Year. Director of Public Safety Mattos presented this item. Recommended
Action(s): Introduce and waive reading of Ordinance No. 958, an Ordinance Amending
Sections 8.34.140, 8.34.160, and 8.34.190 of the Rohnert Park Municipal Code to Align
with Statewide Responsible Beverage Service Training Requirements and to Update Billing
and Reporting Requirements to coincide with the City’s Fiscal Year
PUBLIC COMMENTS: None.
ACTION: Moved/seconded (Stafford/Giudice) to introduce by title only and
waive first reading of Ordinance 958. Title read by Mayor Elward
City of Rohnert Park Joint Regular Meeting Minutes for City Council January 25, 2022
RPFA/CDC Successor Agency and Foundation Special Meeting Page 5 of 8
Motion carried by the following 5-0-0 unanimous roll call vote:
AYES: Giudice, Hollingsworth-Adams, Stafford, Linares and Elward
NOES: None, ABSTAINS: None, ABSENT: None.
D. Discussion and Direction on Council Strategic Priorities and 2022 Action Plan
Assistant City Manager Schwartz and City Manager Jenkins presented this item.
Recommended Action(s): Provide direction regarding priorities and an Action Plan for 2022-
2024.
PUBLIC COMMENTS: Shirley Johnson spoke about this item.
ACTION: By consensus (none opposed), Council directed staff to move forward
with their recommendation to remove labor negotiations from
Council’s adopted Strategic Priorities because four year agreements
have been negotiated with various bargaining units.
ACTION: By consensus (none opposed), Council directed staff to update the
City’s work/action plan to include addressing trash, debris, and the
appearance of the City, update the Municipal Code to allow residents
to have chickens, and bring back a potential tenth priority regarding
community services.
Mayor Elward declared a recess at 7:31 p.m. and reconvened the meeting at 7:41 p.m.
E. Council Consideration of Proposed FY 2022-23 Budget Work Session Schedule.
Finance Director Bali presented this item. Recommended Action(s): Consider meeting
format and dates regarding budget-hearing work sessions for the City of Rohnert Park’s
proposed FY 2022-2023 budget.
PUBLIC COMMENTS: None.
ACTION: By consensus (none opposed), Council directed Staff to schedule
budget-hearing work sessions on April 18 and April 25, 2022 from
noon to 5:00 p.m.
F. Accept the Annual Comprehensive Financial Report for Fiscal Year 2020-21,
Review of City’s Gann Appropriations Limit for Fiscal Year 2021-22, and Adopt a
Resolution Authorizing Appropriation of Certain Assigned Reserves. Finance Director
Bali and Pun Group Auditor Vanessa Burke presented this item. Recommended Action(s):
Adopt Resolution 2022-017 Accept the Annual Comprehensive Financial Report for Fiscal
Year 2021-22 and Authorize Appropriation of Certain Assigned Reserves.
PUBLIC COMMENTS: None.
Council received and accepted the report.
ACTION: Moved/seconded (Giudice/Stafford) adopt Resolution 2022-017
City of Rohnert Park Joint Regular Meeting Minutes for City Council January 25, 2022
RPFA/CDC Successor Agency and Foundation Special Meeting Page 6 of 8
Motion carried by the following 5-0-0 unanimous roll call vote:
AYES: Giudice, Hollingsworth-Adams, Stafford, Linares and Elward
NOES: None, ABSTAINS: None, ABSENT: None.
G. Conduct Study Session Related to Automobile Service Stations Involving
Gasoline, Diesel, or Motor Vehicle Fuel Sales, and Consider Adopting an Interim
Urgency Zoning Ordinance Establishing a Temporary Moratorium on Automobile
Service Stations Involving Gasoline, Diesel or Motor Vehicle Fuel Sales. Planning
Manager Beiswenger presented this item. Recommended Action(s): 1) Council discuss the
following three options on municipal code (zoning) changes related to Service Stations and
provide direction to staff: a) Do nothing and continue to allow for new and expanded
petroleum-fueling facilities; b) Prohibit new or expanded petroleum-fueling facilities; and c)
Require the installation of EV fast charging facilities as part of any new or expanded
petroleum-fueling facilities; and 2) Introduce, waive reading, and adopt interim urgency
ordinance to place a forty-five (45) day moratorium on the issuance of permits or
entitlements for new or expansion of Service Stations involving gasoline, diesel, or motor
vehicle fuel sales.
PUBLIC COMMENTS: Terri Moon, Christina Meyer, Shirley Johnson, Jenny Blaker and
Woody Hastings spoke about this item.
ACTION: By consensus (none opposed), Council directed staff to update the
Municipal Code to ban new or expanded automobile service station
uses involving the sale of gasoline or diesel fuel products.
Moved/seconded (Giudice/Linares) to adopt Ordinance 959, an
Urgency Ordinance of the City Council of the City of Rohnert Park
Imposing a Moratorium on Approval of New or Expanded
Automobile Service Station Uses Involving Sale of Gasoline or
Diesel Fuel Products Pursuant to Government Code Section 65858.
Title read by Mayor Elward.
Motion carried by the following 5-0-0 unanimous roll call vote:
AYES: Giudice, Hollingsworth-Adams, Stafford, Linares and Elward
NOES: None, ABSTAINS: None, ABSENT: None.
H. Discussion and Direction Regarding How to Conduct the February 8, 2022 City
Council Meeting. City Manager Jenkins presented this item. Recommended Action(s):
Council to receive a report on the status of current health orders regarding gatherings and
provide staff with direction on whether to conduct a hybrid City Council meeting on
February 8, 2022 or a virtual meeting.
PUBLIC COMMENTS: None.
ACTION: By consensus (none opposed), Council directed staff to continue
hosting hybrid meetings to comply with the Sonoma County health
City of Rohnert Park Joint Regular Meeting Minutes for City Council January 25, 2022
RPFA/CDC Successor Agency and Foundation Special Meeting Page 7 of 8
order limiting the number of people present in City Council Chambers
during the City Council meeting.
8. FOUNDATION REGULAR ITEMS
A. Discussion and Direction Regarding City of Rohnert Park Foundation Grant
Program. Senior Analyst L. Tacata presented this item. Recommended Action(s):
Consider and provide direction to implement a framework to provide a multi-year grant
making program.
PUBLIC COMMENTS: None.
ACTION: By consensus (none opposed), Council directed staff to move forward
to fund the seventeen 2019 nonprofit fireworks booth vendors in Year
One up to $341,000 and to return at a future meeting to discuss options
for other grant programs.
9. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committees:
None.
B. Liaison Reports:
1. Chamber of Commerce Board Meeting (1/18)
Vice Mayor Linares reported on the meeting.
2. Senior Citizens Advisory Commission (1/20)
Mayor Elward reported on the meeting.
C. Outside Agency Appointments:
1. Zero Waste Sonoma (1/20)
Councilmember Stafford reported on the meeting.
2. Mayors and Council Members' Association of Sonoma County Legislative
Committee (1/21)
Mayor Elward reported the meeting did not take place. The meeting will take place
on January 26 and Mayor Elward will report at the next City Council Meeting.
D. Other Reports:
1. Association of Bay Area Government (ABAG) Executive Board (1/14)
Councilmember Adams reported on this meeting.
2. Association of Bay Area Government (ABAG) Executive Board (1/20)
Councilmember Adams reported on this meeting.
10. COMMUNICATIONS
None.
11. MATTERS FROM/FOR COUNCIL
None.
City of Rohnert Park Joint Regular Meeting Minutes for City Council January 25, 2022
RPFA/CDC Successor Agency and Foundation Special Meeting Page 8 of 8
12. PUBLIC COMMENT
None.
13. ADJOURNMENT
Mayor Elward adjourned the joint regular meeting at 9:45 p.m.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, City Clerk Jackie Elward, Mayor
City of Rohnert Park City of Rohnert Park
ITEM NO. 7.C.
1
Meeting Date: February 8, 2022
Department: Community Services
Submitted By: Cindy Bagley, Director of Community Services
Agenda Title: Adopt a Resolution Approving the Application for Rural Recreation and
Tourism Grant Funds for the Revitalization of Alicia Park
RECOMMENDED ACTION: Adopt Resolution 2022-018 approving the application for Rural
Recreation and Tourism Grant Funds for the revitalization of Alicia Park.
BACKGROUND: On January 11, 2022, staff presented an item to the City Council regarding the
City’s application process for a competitive grant to revitalize Alicia Park. At that meeting, City
Council directed staff to bring back the resolution for adoption that is required to be considered for the
award of this grant.
The authorizing resolution serves two purposes:
1. It is the means by which the applicant’s City Council shows it is aware of all the terms of the
contract. It provides confirmation that the applicant has the funding to complete the proposed
project if the grant is awarded.
2. Designates a position title to represent the City on all matters regarding the application and
project. The incumbent in this position is referred to as the authorized representative.
ANALYSIS: The draft contract can be found in Attachment A and has been reviewed by the City
Attorney.
Staff received an estimated cost associated with the renovation of Alicia Park themed, “From Seed
Farm to City” that will include the following major and support amenities as presented to the City
Council on January 11, 2022:
1. Splash Pad
2. Community Gathering Space
3. Community Garden
4. Enhanced Lighting
5. New and Renovated Pathways
6. Environmental Sustainability
Based on the professional estimate previously conducted for the project, the City will be requesting
$3,000,000 (the max award possible) from the Rural Recreation and Tourism program and the City
would commit an additional $169,431.50. In order to receive the grant, the City Council is required to
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 7.C.
2
confirm that funds are available to complete the project. The City needs to be able to pay the project
costs up front to be reimbursed by the grant. Based on the application request, the City would need to
commit $3,169,431.50 for the completion of this project if the grant is awarded.
The authorizing resolution also requires the designation of an authorized representative to represent the
City Council on all matters regarding the application and the project. Staff recommend the City
Manager or his designee as the authorized representative.
All discretionary governmental actions must comply with California Environmental Quality Act
(“CEQA”). CEQA requires that the City to identify, disclose to decision makers and the public, and
attempt to lessen significant impacts to environmental and historical resources that may occur as a
result of the City’s proposed project.
City staff has reviewed the project scope and determined that the proposed project is exempt from
CEQA, pursuant to categorical exemptions in the CEQA Guidelines sections 15301, 15302, 15303,
and 15304, as the project (1) consists of minor alteration of existing park facilities, with negligible
expansion of existing park uses, (2) involves the reconstruction of certain existing structures, including
baseball field improvements, on the same site with substantially the same purpose and capacity, (3)
involves the construction of a limited number of new small structures, facilities, and equipment, and
(4) involves minor alterations to landscaping not requiring removal of healthy mature scenic trees.
One of the conditions of the grant is that the City must demonstrate it has complied with obligations
under CEQA. Thus, staff will be filing a notice of exemption with the Clerk-Recorder’s Office for the
County of Sonoma in the manner prescribed by CEQA following the City Council’s adoption of the
resolution.
Applicants will be notified approximately three to four months after the application submittal deadline.
Awarded projects would need to be completed by spring of 2025.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This project is a goal toward
Strategic Council Priority H: Infrastructure, Maintenance and Beautification.
FISCAL IMPACT/FUNDING SOURCE: If awarded, the grant would cover $3,000,000 of the total
project cost of $3,169,431.50. The City would be responsible for the additional $169,431.50 and for
paying the project costs up front to be reimbursed by the grant.
Senior Code Compliance Officer Approval Date: L. Kirk N/A
Department Head Approval Date: C. Bagley 2/26/2021
Finance Director Approval Date: N. Bali N/A
City Attorney Approval Date: S. Rudin 1/21/22
City Manager Approval Date: D. Jenkins 1/26/2022
Attachments:
1. Attachment A – Draft Agreement
2. Attachment B – Authorizing Resolution
RESOLUTION NO. 2022-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
OF SONOMA COUNTY APPROVING THE APPLICATION FOR RURAL
RECREATION AND TOURISM GRANT PROGRAM GRANT FUNDS FOR THE
REVITALIZATION OF ALICIA PARK
WHEREAS; the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Rural
Recreation and Tourism Grant Program, setting up necessary procedures governing the
application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the City as applicant to certify by resolution the approval of the application
before submission of said application to the State; and
WHEREAS, successful applicants will enter into a contract with the State of California
to complete the Grant Scope project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the filing of an application for the City of Rohnert
Park – Revitalization of Alicia Park project; and
1. Certifies that said Applicant has or will have available, prior to commencement of any
work on the project included in this application, the sufficient funds to complete the project; and
2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds
to operate and maintain the project, and
3. Certifies that the Applicant has reviewed, understands, and agrees to the General
Provisions contained in the contract shown in the Grant Administration Guide; and
4. Delegates the authority to the City Manager or his designee to conduct all negotiations,
sign and submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of the Grant
Scope; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules,
regulations and guidelines.
6. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G).
BE IT FURTHER RESOLVED that the City of Rohnert Park determines that this
action and the Project is categorically exempt from review under California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, 15302, 15303, and 15304,
and that none of the exceptions in CEQA Guidelines Section 15300.2 apply, as this Project (1)
consists of minor alteration of existing park facilities, with negligible expansion of existing park
uses, (2) involves the reconstruction of certain existing structures, including baseball field
improvements, on the same site with substantially the same purpose and capacity, (3) involves
Resolution 2022-018
2
the construction of a limited number of new small structures, facilities, and equipment, and (4)
involves minor alterations to landscaping not requiring removal of healthy mature scenic trees;
and further directs staff to file a notice of exemption with the Clerk-Recorder’s Office for the
County of Sonoma.
DULY AND REGULARLY ADOPTED this 8th day of February, 2022
CITY OF ROHNERT PARK
____________________________________
Jackie Elward, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
28
Competitive Grant Program Contract
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Competitive Grant Program
GRANTEE: Grantee Name
GRANT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2024
CONTRACT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2049
The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of
California, acting through its Director of the Department of Parks and Recreation, pursuant to the
State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development
PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with
the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
Total State grant amount not to exceed $ [GRANT amount]
GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
T.B.A. NO. B.R. NO. INDEX
Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER
DATE
29
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation
(hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name]
(hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not
to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx
California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation
chapter and budget item number hereinafter referred to as “COMPETITIVE GRANT PROGRAM
GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 20xx to June 30, 20xx.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and
Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a project
pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not
limited to, construction, expansion, and/or renovation, of permanent or fixed features of the
property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this
CONTRACT.
6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form
found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term “GUIDES” means (1) the document identified as the “Grant Administration Guide for
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act
of 2018 Competitive Grant Programs Capital Improvement Projects” and (2) The Application
Guide that established the competitive procedures and policies for the selection of projects.
B. Project Execution
1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the
GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in
consideration of, and on condition that, the sum be expended in carrying out the purposes as set
forth in the scope described in the enabling legislation and referenced in the APPLICATION,
Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S)
in writing to the STATE for prior approval. This applies to any and all changes that occur after
STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be
approved in writing by the STATE.
30
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the
Performance Period set forth in Section I of this CONTRACT, and under the terms and
conditions of this contract.
To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other
project changes or alterations which deviate from the intent of the project selection criteria
provided by the GRANTEE in the original competitive APPLICATION must be submitted in
writing to the STATE for prior approval.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources
Code, §21000, et seq., Title 14, California Code of Regulations, §15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting
DEVELOPMENT projects, including, but not limited to, legal requirements for construction
contracts, building codes, health and safety codes, and laws and codes pertaining to individuals
with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42
U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.)
C. Procedural Guide
1. GRANTEE agrees to abide by the GUIDES.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set
forth in the GUIDES. If STATE makes any changes to its procedures and guidelines, STATE
agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be
placed in an interest bearing account until expended. Interest earned on the advanced funds
shall be used on the project as approved by the STATE. If grant monies are advanced and not
expended, the unused portion of the grant and any interest earned shall be returned to the
STATE within 60 days after project completion or end of the grant performance period,
whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the
STATE has made such a request. In any event, the GRANTEE shall provide the STATE a
report showing total final project expenditures within 60 days of project completion or the end of
the grant performance period, whichever is earlier. The grant performance period is identified in
Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this
contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that
have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the
commencement of the project. The commencement of the project means the date of the letter
notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After
project commencement, this CONTRACT may be rescinded, modified or amended only by
mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of
this contract provide that mutual agreement is not required.
31
3. Failure by the GRANTEE to comply with the terms of the (a) GUIDES, (b) any legislation
applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or
general, that GRANTEE has entered into with STATE, may be cause for suspension of all
obligations of the STATE unless the STATE determines that such failure was due to no fault of
the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly
incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To
qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the
GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE,
STATE shall be entitled to all remedies available under law and equity, including but not limited
to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the
fair market value of the project property or the actual sales price, whichever is higher; and d)
Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited
to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT,
final payment may not be made until the work described in the GRANT SCOPE is complete and
the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program,
the STATE shall have the option to either cancel this contract with no liability occurring to the
STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This
Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this
CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this CONTRACT except claims arising from the concurrent or sole
negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of
the property described as the project which claims, demands or causes of action arise under
California Government Code Section 895.2 or otherwise except for liability arising out of the
concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the
provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the
STATE of such fact and shall represent the STATE in the legal action unless the STATE
undertakes to represent itself as codefendant in such legal action in which event the GRANTEE
agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE
and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE,
their officers, agents, or employees, an apportionment of liability to pay such judgment shall be
made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and
employees against any and all claims, demands, costs, expenses or liability costs arising out of
32
legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE
acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan
documents, and all other records for the project and to make them available to the STATE for
auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts,
documents and records for five years following project termination or issuance of final payment,
whichever is later.
The GRANTEE shall keep such records as the STATE shall prescribe, including records which
fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost
of the project in connection with such assistance that is given or used, (c) the amount and nature
of that portion of the project cost supplied by other sources, and (d) any other such records that
will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any
books, records or reports pertaining to this CONTRACT or matters related thereto during regular
office hours. The GRANTEE shall maintain and make available for inspection by the STATE
accurate records of all of its costs, disbursements and receipts with respect to its activities under
this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE
for at least five years following project termination or issuance of final payment, whichever is
later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or
developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall
use the property acquired or developed with GRANT MONIES under this contract only for the
purposes of this grant and no other use, sale, or other disposition or change of the use of the
property to one not consistent with its purpose shall be permitted except as authorized by the
STATE and the property shall be replaced with property of equivalent value and usefulness
as determined by the STATE.
2. The property acquired or developed may be transferred to another entity if the successor
entity assumes the obligations imposed under this CONTRACT and with the approval of
STATE.
3. Any real Property (including any portion of it or any interest in it) may not be used as security
for any debt or mitigation, without the written approval of the STATE provided that such
approval shall not be unreasonably withheld as long as the purposes for which the Grant was
awarded are maintained. Any such permission that is granted does not make the STATE a
guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to
enforce performance under the Grant CONTRACT.
4. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an
appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project
property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at
least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market
value of the real property, including improvements, at the time of sale, whichever is higher.
33
5. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify
STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color,
national origin, age, religion, ancestry, sexual orientation, or disability in the use of any
property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the
special provisions of this project CONTRACT or under provisions of the enabling legislation
and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall
not affect other provisions or applications of the CONTRACT which can be given effect without the
invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site
improvements or programs related to the GRANT SCOPE. The STATE’S rights under this
CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of
implementation shall not give rise to any warranty or representation that the GRANT SCOPE
and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security
necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud,
or other potential loss associated with completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under
this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of
making any leverage loan, pledge, promissory note or similar financial device or transaction,
without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created
by any such leverage loan, pledge, promissory note or similar financial device or transaction in
the project property shall be completely subordinated to this CONTRACT through a
Subordination Agreement provided and approved by the STATE, signed by all parties involved
in the transaction, and recorded in the County Records against the fee title of the project
property.
34
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only
for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed
in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall
not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT
shall not be construed as a waiver of any subsequent breach.
GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
ITEM NO. 7.D.
Appendix A
1
Meeting Date: February 8, 2022
Department: Finance Department
Submitted By: Nishil Bali, Finance Director
Prepared By: Nishil Bali, Finance Director
Agenda Title: Adopt a Resolution Appropriating Funding from American Rescue Plan
Act Funds and Approving Changes to the City’s FY21-22 Adopted Budget
____________________________________________________________________________________________________
RECOMMENDED ACTIONS:
Adopt a resolution appropriating funding from American Rescue Plan Act (ARPA) Funds and
approving changes to the City’s FY21-22 Adopted Budget.
SUMMARY:
The City of Rohnert Park lost $20.8 million in general revenue due to COVID-19. The federal
relief program is providing Rohnert Park with $10.4 million to replace approximately half of the
lost revenue. Staff proposes that relief funds be used to fund City services consistent with the
relief program rules.
BACKGROUND:
On March 2021, Congress passed the American Rescue Plan Act (ARPA) establishing the
Coronavirus State and Local Fiscal Recovery Funds (SLFRF). These funds are provided to help
local governments nationwide with COVID-19 pandemic recovery assistance and specific types
of infrastructure investment. On May 10, 2021, the U.S. Department of Treasury released ARPA
regulations and updated local government allocations. In May 2021, Treasury adopted the Interim
Final Rule describing eligible and ineligible uses of Coronavirus Local Fiscal Recovery Funds
established under the ARPA, sought feedback from the public on these program rules, and began
to distribute funds. As part of the $1.9 trillion relief package, the City of Rohnert Park’s ARPA
allocation is currently set at $10,356,128. The City received the first half of these funds on July
19, 2021. The second half is expected to be received within twelve months of the first installment.
However, there remains some uncertainty about a second distribution. Staff is proposing
appropriating the funds already received for Fiscal Year 2021-22 and proposes appropriations for
the second half if the City were to receive them. Eligible SLFRF costs are to be incurred or
encumbered by the end of 2024, and eligible projects receiving ARPA funds are to be completed
by December 2026.
The SLFRF allows for replacing public sector revenue loss, providing public health response and
premium pay for essential workers, and funding for water, sewer, and broadband infrastructure.
These categories are summarized below.
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.D.
2
Replace Public Sector Revenue Loss: Use funds to provide government services to the extent
of the reduction in revenue experienced due to the pandemic. This includes replacing lost
public sector revenue to strengthen support for vital public services and help retain jobs.
Support Public Health Response: Fund Covid-19 mitigation efforts, medical expenses,
behavioral healthcare, and certain public health and safety staff.
Water and Sewer Infrastructure: Make necessary investments to improve access to clean
drinking water and invest in wastewater and storm water infrastructure.
Address Negative Economic Impacts: Respond to economic harms to workers, families, small
businesses, impacted industries, and the public sector.
Premium Pay for Essential Workers: Offer additional support to those who have and will bear
the greatest health risks because of their service in critical infrastructure sectors.
Broadband Infrastructure: Make necessary investments to provide unserved or underserved
locations with new or expanded broadband access.
In January 2022, Treasury adopted the Final Rule, which implements the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American
Rescue Plan Act, the provisions of which are effective April 1, 2022. The final rule delivers
broader flexibility and greater simplicity in the program. Among other changes, it offers a standard
allowance for revenue loss of $10 million for government services.
ANALYSIS:
ARPA identifies eligible categories of uses and provides compliance requirements for using funds
under each category. For instance, any assistance provided to households must be reasonably
proportional to negative economic impact they are intended to address and any transfers in excess
of such amounts could be subject to recoupment. Similarly, the Interim Final Rule requires that
local governments publically report any assistance provided to private sector business and its
connection to negative economic impacts of the pandemic. Eligibility for investing in water/sewer
infrastructure includes compliance with federal contracting guidelines and prioritizing projects that
comply with applicable health and environmental requirements, addressing the most serious risks
to public health, and assisting systems most in need on a per household basis according to the State
affordability criteria. Eligibility for broadband projects includes investments in locations that are
unserved or underserved. Out of all eligible categories, the category for ‘general revenue loss’
provides the most latitude in terms of use of funds from reduction in general revenue.
Staff analysis suggests that the full amount of SLFRF funding to be received by the City can be
designated under the ‘general revenue loss’ category as identified in the Final Rule. The definition
of general revenue focuses on sources that are generated from economic activity and are available
to fund government services. The Final Rule also provides a methodology for calculating revenue
lost due to covid-19 public health emergency and using this lost revenue to provide government
services. The City’s current revenue analysis shows a general loss in the amount of $20.8 million
(Appendix A) that can be applied for provision of government services.
Under the general revenue loss section, recipients may use payments from the Fiscal Recovery
Funds for the provision of government services to the extent of the reduction in revenue
experienced due to the COVID-19 public health emergency. Sections 602(c)(1)(C) and
603(c)(1)(C) of the Act provide recipients with broad latitude to use the Fiscal Recovery Funds
for the provision of government services. Government services can include, but are not limited to,
ITEM NO. 7.D.
3
maintenance or pay-go funded building of infrastructure, including roads; modernization of
cybersecurity, including hardware, software, and protection of critical infrastructure; health
services; environmental remediation; school or educational services; and the provision of police,
fire, and other public safety services.
Staff recommends use of payments from SLFRF Funds received by the City under the eligible
category of ‘general revenue loss’ to support public services and appropriate both installments of
the ARPA payments to fund the City’s General Fund personnel costs. The first installment will
appropriate General Fund operating costs for FY21-22 and the second installment, if received will
appropriate General Fund operating costs for FY22-23. The City’s staff have supported the Covid-
19 response efforts and its impact on the community, and the provision of police, fire, and other
public safety services is considered an eligible use of government services under general revenue
loss criteria. Appendix A of this report shows a full revenue loss of $20.8 million calculation,
which compares actual revenue to a counterfactual trend as per the Final Rule guidelines for the
annual period ending December 31, 2021. This revenue loss will be restored by the use of ARPA
Funds received by the City. Any General Fund revenues supplemented by replacement of ‘general
revenue loss’ will be used to meet community and Council strategic priorities through the City’s
budgets.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
Replacement of lost revenue using SLFRF funding aligns with the City’s Value of Fiscal
Responsibility and its goal of achieving and maintaining financial stability.
OPTIONS CONSIDERED:
Recommended option: Approve use of SLFRF/ARPA funds under the ‘general revenue loss’
eligibility criteria to supplement lost government services and increase appropriations in the City’s
ARPA Fund and General Fund. This option is recommended as it complies with the SLFRF
funding objective to replace lost public sector revenue and gives the broadest latitude for use of
these funds to support government services.
Alternatives: Council can decide to not use SLFRF funding or use it under a different funding
objective. This would make the use of these SLFRF funds more restrictive, add new compliance
requirements for eligibility related to use of Federal Funds and audit, and limit the City to expend
those funds within the period of performance identified in the Final rule.
FISCAL IMPACT/FUNDING SOURCE:
The use of SLFRF funding to replace lost City revenue will have a positive fiscal impact on City
finances and will help fund programs and public services that could not have been funded due to
loss of general revenue from the pandemic. However, even with the relief funds, analysis shows
COVID-19 resulted in unreimbursed lost City revenues of over $10 million.
____________________________________________________________________________________________________
Senior Code Compliance Office Approval Date: N/A
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 01.19.2022
ITEM NO. 7.D.
4
City Manager Approval Date: 01.02.2022
Attachments:
1. Appendix A
2. Resolution
ITEM NO. 7.D.
Appendix A
4
ITEM NO.
Appendix A
5
RESOLUTION NO. 2022-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROPRIATING FUNDING FROM AMERICAN RESCUE PLAN ACT FUNDS AND
APPROVING CHANGES TO THE CITY’S FY21-22 ADOPTED BUDGET
WHEREAS, on March 2021, Congress passed the American Rescue Plan Act (ARPA)
establishing the Coronavirus State and Local Fiscal Recovery Funds to help local governments
nationwide with COVID-19 pandemic recovery assistance and specific types of infrastructure
investment; and
WHEREAS, on May 10, 2021, the U.S. Department of Treasury released ARPA
regulations and updated local government allocations, and the City of Rohnert Park’s ARPA
allocation is currently $10,356,128; and
WHEREAS, the City is eligible to use ARPA funds for replacing lost public sector revenue
and the City has elected to use its full allocation of ARPA funding towards ‘general revenue loss’
using Treasury’s formula as described in the Final Rule; and
WHEREAS, staff recommends appropriating the first installment of ARPA funding
($5,178,064) to fund staffing for Public Safety personnel costs incurred in FY21-22 and the second
installment of the ARPA funding ($5,178,064), if received to fund staffing for Public Safety
personnel costs to be incurred in FY22-23; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the Finance Director is authorized to appropriate the transfer of ARPA Funds (Fund 905)
to fund the City’s Public Safety Personnel costs in the General Fund, in the amount of $5,178,064
in FY21-22 and in the amount of $5,178,064 in FY22-23 if the second installment is received, and
make any additional changes to effectuate this action.
DULY AND REGULARLY ADOPTED this 8th day of February, 2022.
CITY OF ROHNERT PARK
____________________________________
Jackie Elward, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ITEM NO. 7.E.
1
Meeting Date: February 8, 2022
Department: Public Safety
Submitted By: Aaron Johnson, Deputy Chief
Prepared By: Matt Snodgrass, Sergeant
Agenda Title: Waive Second Reading and Adopt Ordinance No. 958, An Ordinance
Amending Sections 8.34.140, 8.34.160, and 8.34.190 of the Rohnert Park
Municipal Code to Align with Statewide Responsible Beverage Service
Training Requirements and to Update Billing and Reporting Requirements
to Coincide with the City’s Fiscal Year
RECOMMENDED ACTION:
The adoption of an Ordinance amending Sections 8.34.140, 8.34.160, and 8.34.190 of the
Rohnert Park Municipal Code, (RPMC) to align with statewide responsible beverage service,
(RBS) training requirements and to update billing and reporting requirements to coincide with
the City’s fiscal year.
BACKGROUND:
On January 25, 2022 the City Council introduced Ordinance No. 958 making revisions to
Chapter 8.34 of the City’s Municipal Code
The Passage of Assembly Bill 1221 in 2017 created the Responsible Beverage Service Training
Act. The bill required the California Department of Alcohol Beverage Control (“ABC”) to create
the Responsible Beverage Service Training Program to ensure servers and their managers of
alcoholic beverages are educated on the dangers of serving alcohol to minors and over-serving
alcohol to patrons with the intention of reducing alcohol-related harm to local communities.
Beginning in July 2022, state law requires that any ABC licensee who has an “ABC On-Premises
License” must require staff (alcohol servers and managers of alcohol servers) to receive RBS
training and certification from an ABC-certified instructor within sixty (60) days of the date of
initial employment. An “ABC On-Premises License” means an ABC license that grants the
privilege to serve alcoholic beverages to customers who then consume them on the licensed
premises. This includes but is not limited to restaurants, bars, fast casual dining, tasting rooms,
hotels, and stadiums.
AB 1221 does not apply to ABC licensees who have “ABC Off-Premises Licenses.” These
licenses grant the privilege to serve alcoholic beverage to customers who do not consume them
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.E.
2
on the licenses premises, but rather, buy alcoholic beverages for off-site consumption. This
would include convenience stores and grocery stores, among other similar establishments.
ANALYSIS:
The amended ordinance will be as follows:
RPMC 8.34.140 - Revised
• On-sale: Required to attend an ABC RBS class per AB1221, effective July 2022.
• Off-sale: Required to attend ABC RBS class. This is not required in AB1221 but will
ensure consistency in training
RPMC 8.34.160 – Revised
• July – June billing period
RPMC 8.34.190 – Revised
• Annual expenditure report due to Council in August
OPTIONS CONSIDERED:
Option 1: Recommended – Adopt the proposed ordinance revising the provisions of Rohnert
Park Municipal Code Chapter 8.34 to comply with AB 1221 and to make other changes to
coincide with the City’s fiscal year.
Option 2: Not Recommended – The Council can chose to not adopt the proposed ordinance, or
may give direction to staff to consider alternative requirements with respect to off-sale licensees.
FISCAL IMPACT/ FUNDING SOURCE:
Staff project an annual decrease in revenue to programs Alcohol Beverage Service Ordinance
(ABSO) as a result of on-sale businesses no longer being subject to the fees assessed for training,
inspections, and enforcement as this will be enforced by California Department of Alcohol
Beverage Control. The fees for off sale businesses will still remain in effect which will include
inspections and enforcement. The City collected ABSO revenues of $25,675 in 2020 and
$23,325 in 2021. In July of this year, the City expects to bill approximately $11,450, an
approximate reduction of $11,875 or approximately 48% due to the implementation of the
proposed ordinance.
Senior Code Compliance Officer Approval Date: 2/2/2022
Department Head Approval Date: 1/31/2022
Finance Director Approval Date: N/A
City Attorney Approval Date: 1/27/2022
City Manager Approval Date: 2/1/2022
Attachments:
1. Ordinance
1
ORDINANCE NO. 958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 8.34.140 (APPLICATION FOR USE PERMIT – FORM AND
CONTENT), SECTION 8.34.160 (BILLING AND PAYMENT), AND 8.34.190 (REPORT
OF EXPENDITURE OF FEES TO BE COLLECTED) OF THE ROHNERT PARK
MUNICIPAL CODE TO ALIGN WITH STATEWIDE RESPONSIBLE BEVERAGE
SERVICE TRAINING REQUIREMENTS AND TO UPDATE BILLING AND
REPORTING REQUIREMENTS TO COINCIDE WITH THE CITY’S FISCAL YEAR
WHEREAS, the City of Rohnert Park is a municipal corporation empowered through its
police powers to regulate alcohol use, sale, and consumption, to the extent such local regulations
do not conflict with applicable state law; and
WHEREAS, consistent with that authority, Rohnert Park Municipal Code section
8.34.140 requires sellers and servers of alcoholic beverages employed with an alcoholic beverage
establishments to complete an in-person training course in “responsible beverage service”
(“RBS”) within sixty days of hire and shall renew certification every three years from the date of
last training; and
WHEREAS, Rohnert Park Municipal Code section 8.34.010 includes definitions of
relevant phrases, including a definition of “Alcoholic beverage establishment,” which includes
off-sale and on-sale alcoholic beverage establishments; and
WHEREAS, Rohnert Park Municipal Code section 8.34.140 also imposes liability on
businesses found to have employees working as a seller or server in violation of the RBS training
requirement; and
WHEREAS, the City of Rohnert Park Department of Public Safety has historically
provided in-person RBS courses to sellers and servers of alcoholic beverages in the City; and
WHEREAS, in 2017, the California state Legislature passed Assembly Bill 1221 (“AB
1221) imposing a statewide RBS training requirement; and
WHEREAS, AB 1221 empowers the California Department of Alcoholic Beverage
Control (“ABC”) to create and administer a statewide RBS training program; and
WHEREAS, since AB 1221’s adoption, the ABC has developed and adopted guidelines
to enforce the new statewide RBS training requirement, which only impose the requirement on on-
sale licensees (i.e. those businesses that serve alcohol for consumption on the premises); and
WHEREAS, due to the COVID-19 epidemic, the state Legislature adopted AB 82 which
extended the date for compliance with AB 1221 requirements from July 1, 2021 to July 1, 2022;
and
WHEREAS, in anticipation of the July 1, 2022 enforcement date and to ensure compliance
with AB 1221, the City Council of the City Rohnert Park desires to amend the Rohnert Park
Municipal Code to align with RBS training requirements in state law, and to ensure that the RBS
training requirement is similarly observed by off-sale licensees in the City of Rohnert Park; and
2
WHEREAS, Rohnert Park Municipal Code section 8.34.160 requires annual permit fees
imposed on alcoholic beverage establishments be to be billed by the City of Rohnert Park’s
Finance Department on the first day of January; and
WHEREAS, the City now desires to update the date in Rohnert Park Municipal Code
section 8.34.160 to correspond to the City’s fiscal year, such that all billing shall be completed by
the first day of July, rather than January; and
WHEREAS, Rohnert Park Municipal Code section 8.34.190 currently requires staff to
submit a report on the expenditures of the total annual alcohol permit fees collected to the City
Council no later than the last meeting of March; and
WHEREAS, to correspond to the change in section 8.34.160, the City now desires to
change the deadline for the reporting requirements from the last meeting of March to the last
meeting of August of each calendar year.
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Amendment of Section 8.34.140 – Section 8.34.140 of the Rohnert Park
Municipal Code is hereby amended to read in its entirety as follows:
8.34.140 – Training requirements for alcoholic beverage establishments.
A. Training.
1. Prior to July 1, 2022, all sellers/servers of alcoholic beverages shall complete a
Responsible Beverage Training Course, administered by a program that has been certified
by the California Department of Alcoholic Beverage Control, within 60 days of hire.
2. Beginning July 1, 2022, all sellers/clerks of alcohol employed at off-sale
alcoholic beverage establishments are required to take and complete a Responsible
Beverage Training Course, administered by a program that has been certified by the
California Department of Alcoholic Beverage Control within 60 days of commencing
employment or, if already employed by or on July 1, 2022, within 60 days of July 1,
2022. Certifications shall be valid for a period of three years from the date of issuance.
B. Employer Responsibility. Prior to July 1, 2022, all alcoholic beverage establishments
found to have employees working as a seller/server or clerk in violation of the training
requirements of this section 8.34.140 will be subject to penalty in accordance with
Section 8.34.210. Beginning July 1, 2022, this subsection is applicable only to off-sale
alcoholic beverage establishments.
Section 3. Amendment of Section 8.34.160 – Section 8.34.160 of the Rohnert Park
Municipal Code is hereby amended to read in its entirety as follows:
8.34.160 – Billing and Payment
3
All annual permit fees imposed on an alcoholic beverage establishment operating under a
use permit issued in the manner provided for by this chapter and "deemed approved"
establishments shall be billed by the finance department on or before the first day of July
of each year. The fee is due and payable immediately upon receipt, and will be deemed
delinquent if not paid within thirty days of the bill's mailing.
Section 4. Amendment of Section 8.34.190 – Section 8.34.190 of the Rohnert Park
Municipal Code is hereby amended to read in its entirety as follows:
A. Not later than the last meeting of August in each calendar year, the enforcement
officer shall submit to the city council a report on the expenditures of the total of annual
alcohol permit fees collected.
B. The report shall set forth such matters as:
1.The prioritization of problems regarding enforcement of the performance standards,
conditions and regulations as set forth in this chapter related to the operation of licensed
alcohol establishments in the City of Rohnert Park.
2.Methods of mitigating such problems, through prevention, education and enforcement
of the performance standards, conditions and regulations.
3.The specific allocation of the fees to be collected to activities described in the report.
Section 5. Environmental Review. The City Council finds the approval of this
ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen
with certainty that there is no possibility that the adoption of this ordinance may have a
significant effect on the environment.
Section 6. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 7. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 8. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on January 25, 2022 and adopted by the Council of the City
of Rohnert Park on February 8, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
4
ABSTAIN:
CITY OF ROHNERT PARK
___________________________
Jackie Elward, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
ITEM NO. 7.F.
1
Meeting Date: February 8, 2022
Department: Public Works
Submitted By: Vanessa Garrett, Director of Public Works
Prepared By: Terrie Zwillinger, CIP Program Manager, Public Works
Agenda Title: Authorize the City Manager to Execute a Master Services Agreement and
Task Order No. 2022-01 with Kitchell/CEM, Inc. in the Amount of
$146,500 for the Buildings Condition Assessment Project (2021-05)
RECOMMENDED ACTION:
Authorize the City Manager to execute a Master Services Agreement, Task Order No. 2022-01 in
the amount of $146,500, and any related documents with Kitchell/CEM Inc. for the Buildings
Condition Assessment Project (2021-05).
BACKGROUND:
The City owns many public buildings and facilities of various sizes, uses, conditions, and ages.
The facilities are comprised of a wide variety of building types, from small water production well
buildings to major community centers. The City also owns and is responsible for major
maintenance and improvements of multiple leased buildings, including the Library, and buildings
at the Golf Course. The owned and maintained building space totals over 308,000 square feet (SF),
not including the water production well buildings, with the oldest buildings being almost 50 years
old. In addition to structural components of the buildings like roofs and siding, there are many
complex components and systems associated with the buildings and facilities. The City would like
to gain a greater understanding of the condition of its public buildings and facilities, including all
of the components and systems within them, to identify a repair and maintenance plan. The City
would also like similar recommendations on the 10 wooden foot bridges located at various creeks
within the City that are highly used by the public.
The Buildings Conditions Assessment Project was included in the Fiscal Year 20/21 Budget and
has a total budget of $200,000.
ANALYSIS:
On September 21, 2021, City staff sent a Request for Proposals (RFP) to consultants to seek
comprehensive building assessment that would identify the current-state of the condition of City
buildings, repair or replacement items, the associated planning level costs and a priority list for
timing of the repairs. The assessment would also recommend replacement costs and timeframes
so that funding could be set aside for future replacement (i.e. 5-year, 10-year etc.).
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.F.
2
In response to the RFP, six proposals were received for the project. Staff evaluated the proposals
based on the Consultant’s experience, personnel, proposal soundness, and schedule and chose
Kitchell in the amount of $146,500.
Staff recommends entering into a Master Agreement with Kitchell/CEM, Inc. and authorizing the
City Manager to execute Task Order No. 2022-01 for the Building Condition Assessment Project
No. 2021-05. Entering into a Master Services Agreement with Kitchell/CEM, Inc. would allow
for additional task orders to be issued in the event that more detailed building investigations or
cost estimates are needed.
Since 2004, the City has used “Master Services Agreements” to streamline the process of accessing
consultant resources. The Master Services Agreements outline the major terms of the business
relationship between the consultant and the City, including insurance and indemnification
requirements. Work on specific tasks is then authorized by a one-page “Task Order” which
authorizes project-specific scopes and budgets.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
The Building Condition Assessment project aligns with the Strategic Plan Goal D by maintaining
facilities that contribute to a vibrant community.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends entering into a Master Agreement with
Kitchell/CEM, Inc. and authorizing the City Manager to execute Task Order No. 2022-01
with Kitchell/CEM, Inc. for the Building Condition Assessment Project No. 2021-05. Out
of six proposals received for the project, Kitchell/CEM, Inc. was found to be the best
qualified.
2. Alternative: Staff also considered awarding the contract to one of the other consultant,
however based on the evaluations, Kitchell/CEM, Inc. was the most qualified.
FISCAL IMPACT/FUNDING SOURCE:
The Building Condition Assessment Project No. 2021-05 is funded through the General Fund,
Water Utility and Sewer Utility funds. The Master Agreement and Task Order No. 2022-01 with
Kitchell/CEM, Inc. is $146,500. The Building Condition Assessment will look at 73 total
facilities, of which 23 (32%) are water related and 5 (6%) are sewer related. Please see Table 1
below for a contract breakdown per fund type. Unused funds (if any) in the water or sewer utility
funds would be returned to their respective utility fund.
Table 1: Proposed Funding Breakdown
Fund Type Budget Amount Facility Totals/
Percentage
Kitchell/CEM, Inc.
Contract Breakdown
General Fund $100,000 45 (62%) $90,830
Water Utility Fund $50,000 23 (32%) $46,880
Sewer Utility Fund $50,000 5 (6%) $8,790
Total $200,000 73 (100%) $146,500
There is sufficient budget in the Project to execute the Building Condition Assessment project.
ITEM NO. 7.F.
3
Senior Code Compliance Officer Approval Date: N/A
Department Head Approval Date: 1/13/22
Finance Director Approval Date: 1/19/22
City Attorney Approval Date: 1/20/22
City Manager Approval Date: 1/26/22
Attachments:
1. Master Agreement with Kitchell/CEM, Inc.
2. Task Order No. 2022-01 with Kitchell/CEM, Inc. for the Building Condition
Assessment
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 __________ day of _______________, 2022 , by and between the City of
Rohnert Park ("City"), a California municipal corporation, and Kitchell/CEM, Inc
("Consultant"), a California corporation, with reference to the following facts, understandings
and intentions.
Recitals
WHEREAS, City desires to obtain condition assessments on various buildings and
structures, including cost estimates; and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
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 Public Works Capital Improvement Plan Program 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 Heather Brown, Principal-
in-charge 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
Page 2 of 17
OAK #4844-6469-8375 v105
order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”)
executed by Consultant and City.
B. Time of Performance. The services of Consultant are to
commence upon receipt of a written notice to proceed from City, but in no event prior to
receiving a fully executed agreement from City and obtaining and delivering the required
insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its
services in accordance with the schedule attached to the Task Order. Any changes to these dates
in either this Section 3 or the Task Order shall be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to
perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal
requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail to
make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall: (1) for
services provided directly under this Agreement be at the rate and schedules more particularly
described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services
authorized by Task Orders, be at the rate and schedules specified by said Task Order. However,
in no event shall the amount City pays to Consultant for services provided directly under this
Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to
Consultant for work done by Task Order exceed the total compensation specified by the Task
Order. City’s obligation to pay compensation to Consultant as provided herein is contingent upon
Consultant’s compliance with the terms and conditions of this Agreement and any amendments
thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory
work, even if such defects were known to the City at the time of payment. City shall pay
Consultant as compensation in full for such services and expenses for the different elements of the
scope of work as follows:
B. Timing of Payment.
(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.
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(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.
C. Changes in Compensation. Consultant will not undertake any
work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement
without prior written amendment to this Agreement. City shall have the right to amend the Scope
of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Consultant shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of the Consultant to secure City's
written authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(40) hours per work week, or work performed during non-standard business hours, such as in the
evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work
performed on a recognized holiday. Consultant shall not receive paid time off for days not
worked, whether it be in the form of sick leave, administrative leave, or for any other form of
absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the action
is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested
by City and not part of the litigation brought by City against Consultant.
5. Term. The term of this Agreement shall commence on the date of its execution
by both parties and shall continue in full force and effect until December 31, 2024, 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
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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.
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
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similar authorization or entitlement; authorize, modify, or renew
any form of City contract; grant approval to any City contract
specifications on behalf of the City; or grant City approval for any
plans, designs, reports, or similar; and
(2) will not participate in the making of any governmental decision in
the equivalent of a staff capacity — for the purposes of this
provision, “participating in a governmental decision” including
providing information, an opinion, or a recommendation directly to
any person at the City empowered to make a decision on behalf of
the City without significant intervening substantive review; and
(3) will not perform the same duties for the City that would otherwise
be performed by a staff member required to report under the City’s
conflict of interest code. (2 Cal. Code Regs. § 18700.3.)
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.
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, to the fullest extend caused by Consultant’s negligent performance or failure to
comply with this Agreement.
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,
to the fullest extent caused by 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.
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B. Scope of Obligation. Consultant’s duty to indemnify, protect,
defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by
counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Consultant under worker’s compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time
allowed by law and shall survive the termination of this agreement. Consultant waives any and
all rights to express or implied indemnity against the Indemnified Parties concerning any Liability
of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to
comply with any of the terms of this Agreement.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant’s inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable.
The Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If the Consultant fails to timely accept such tender, in addition to any other remedies authorized
by law, as much of the money due or that may become due to the Consultant under this
Agreement as shall reasonably be considered necessary by the City may be retained by the City
until disposition has been made of the matter subject to tender, or until the Consultant accepts the
tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not
limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to
matters prior to Consultant’s acceptance of the tender.
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
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responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the Agreement.
C. Prevailing Wage. Consultant and Consultant's subconsultants (if
any) shall, to the extent required by the California Labor Code, pay not less than the latest
prevailing wage rates to workers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1,
Article 2. Copies of the applicable wage determination are on file at the City's office of the City
Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it
is aware of and has complied with the provisions of California Labor Code § 6401.7, which
requires every employer to adopt a written injury and illness prevention program.
E. Business Licenses. Unless exempt by law, Consultant and all
subconsultants shall have acquired, at Consultant’s expense, a business license from the City in
accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an
authorization to proceed with the Services. Such license(s) shall be kept valid throughout the
term of this Agreement. City may withhold compensation from Consultant until such time as
Consultant complies with this section.
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
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manner, it shall be discharged immediately from the work under this Agreement on demand of the
Project Manager.
16. Insurance. Without limiting Consultant’s indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
17. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated
at any time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violates any of the
terms of this Agreement, in addition to all other remedies provided by law, City may terminate
this Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
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.
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19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
20. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by a Task Order, Consultant shall
immediately commence work to perform the services required by that Task Order according to
the time requirements set in the Task Order.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: Terrie Zwillinger, CIP Program Manager
City of Rohnert Park – Public Works
300 Enterprise Drive
Rohnert Park, CA 94928
Phone: 707-588-3331
Fax: 707-588-3333
Email: tzwillinger@rpcity.org
If to Consultant: Heather Brown, PE, LEED AP, Principal-in-Charge
Kitchell/CEM, Inc
2450 Venture Oaks Way, Ste 500
Sacramento, CA 95833
Phone: 916-648-9700
Email: hbrown@kitchell.com
24. Consultant's Books and Records.
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A. Consultant shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City and all documents and
records which demonstrate performance under this Agreement for a minimum period of three (3)
years, or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to
this Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided to
City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
C. The City may, by written request by any of the above-named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in the City Manager's office.
25. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or
national origin. Consultant will take affirmative action to ensure that applicants are treated
during such employment without regard to race, religion, age, sex, creed, color, sexual
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
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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
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
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.
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CITY OF ROHNERT PARK CONSULTANT
By: __________________________________
Darrin Jenkins, City Manager
By:
Title:
Date: Date:
Per Resolution No. 2022-_____adopted by the Rohnert
Park City Council at its meeting of 2/8/22.
CONSULTANT
By:
Title:
APPROVED AS TO FORM:
Date:
By: __________________________________
City Attorney
ATTEST:
By: __________________________________
City Clerk
Exhibit A
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EXHIBIT A
Scope of Work
Scope of work includes a variety of consulting services:
• Building condition assessments
• Maintenance plans
• Structural evaluations
• Preventative Maintenance Program Development
Rates Effective January 1, 2020
Role Hourly Rates
Project Executive $220
Project Director $208
Engineering Department Manager $200
Engineering Operations Manager/Senior Project Manager $190
Project Manager $180
Commissioning Agent $170
Project Designer/Commissioning Support $130
Senior Architect $170
Architect $165
Senior Engineer (Civil, Electrical, Mechanical) $170
Engineer (Civil, Electrical, Mechanical) $165
BIM Manager/Specialist $135
Estimating Manager $195
Estimator $160
Scheduling Manager $185
Administrative Support/Clerical $90
► 2021 hourly rates
Executive Principal ........................................................................................ $215
Principal ....................................................................................................... $195
Associate Principal ........................................................................................ $175
Senior Associate ........................................................................................... $160
Associate ....................................................................................................... $150
Senior Engineer ............................................................................................. $135
Engineer ........................................................................................................ $125
Engineer – Designer ..................................................................................... $110
Project BIM Manager ..................................................................................... $130
Senior BIM Technician .................................................................................. $120
BIM Technician .............................................................................................. $105
Engineering Support ........................................................................................ $65
NOTE: ZFA uses the IRS-approved mileage reimbursement rate of $0.560 per
mile, to estimate reimbursement rates for automobile travel.
Exhibit C-1
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).
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
Exhibit C
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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
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
KITCHELL/CEM, INC. TASK ORDER NO. 2022-01
CITY OF ROHNERT PARK
AND
KITCHELL/CEM, INC.
AUTHORIZATION TO PROVIDE BUILDING CONDITION ASSESSMENT SERVICES
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct KITCHELL/CEM, INC. to proceed with the
work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT
between the City of Rohnert Park ("City") and KITCHELL/CEM, INC. ("Consultant") hereto dated
February 8, 2022.
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 and as shown in Exhibit “B” in an amount not-to-exceed One Hundred Forty-
six Thousand, Five Hundred Dollars ($146,500).
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by December 31, 2022 or as extended by the City
Manager or the Director of Public Works or his/her designee.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for consultant services between City
and Consultant are incorporated by reference.
Approved this 8th day of February, 2022.
CITY OF ROHNERT PARK KITCHELL/CEM, INC
____________________________
Darrin Jenkins, City Manager (Date) By: Name and Title (Date)
Per Resolution No. 2022-____ adopted by the
Rohnert Park City Council at its meeting KITCHELL/CEM, INC
of February 8, 2022.
By: Name and Title (Date)
ATTEST: APPROVED AS TO FORM:
____________________________
City Clerk City Attorney
City of Rohnert Park – Building Condition Assessment Exhibit A
Kitchell CEM – Scope of Work
1
WORK PLAN AND APPROACH
It is our understanding that the City is seeking a qualified consultant to perform comprehensive assessments of all their properties and
wooden foot bridges to provide them with a regular and periodic repair and/or replacement of building systems and components for
their properties. The assessment will include up to 42 existing facilities, 22 well/tanks, and 10 wooden foot bridges. Kitchell has
extensive experience in completing complex projects for multiple building programs. Specific tasks are itemized below showing the
typical process we follow. The City should be aware that while the structure of our overall approach is typical for condition assessment
projects, we will be flexible in its application to meet the City’s specific needs and expectations. Our approach for the project is as
follows:
Goals
To develop a truly coherent and tactically oriented property condition assessment will require a coordinated effort between Kitchell
and the City’s Department(s). Our Project Manager will pull the team together and provide a quality report, which will include an
evaluation for each site and building and a 10-year maintenance plan. We propose the following methodology to accomplish your
goals.
Facility Condition Assessment Work Plan
This project will involve a carefully coordinated effort to meet the significant level of investigation and analysis required by the City.
Kitchell has extensive experience in completing complex projects for multiple building programs. Specific tasks are itemized below
showing the time-tested and proven process we follow. Meetings and deliverables are highlighted. Our assessment can be broken
down into major steps as shown below.
1.Project Start-up
We will meet with the City to ensure everyone is clear on the goals, communication protocols are established, work activities are
reviewed and confirmed, schedule milestones are reviewed and confirmed and desired outcomes are established. We will request
and review available documentation of the facilities to be assessed. This documentation will establish baseline information for
planning our work - a point of beginning – and will include:
•As-built drawings of the buildings and systems
•Existing Facility Condition Assessments (FCAs)
•Maintenance history, including any infrastructure, facility and equipment problems
•Preventive maintenance plans
•ADA Studies
•Other related studies and reports that have been produced for the facilities.
We will review regulatory requirements with the City in addition to any long-range funding strategies and the prioritization
categories. We need to understand the City’s long-range funding strategies and prioritization categories, so as we develop our
report we can ensure we are prioritizing each deficiency accurately.
Once all of the available data from the City has been received, we will review the provided information to identify the previous work
done on each building and on the sites. We will review the past maintenance history to understand the parameters that already
exist for size and quantities of building and site systems. We will develop a detailed schedule for site visits to each facility -
developing efficient routes so we can minimize interruptions to your staff; and develop the format of the report.
City of Rohnert Park – Building Condition Assessment Exhibit A
Kitchell CEM – Scope of Work
2
We will facilitate a project kick-off meeting with Kitchell, the City and all Team Members. During this meeting we need to clearly
understand the following:
•Goals and objectives
•Scope, overall schedule and deliverables
•Future facility modifications including potential additions and/or upgrades
•Roles and responsibilities
•Review completeness of data provided
•Review of buildings: functional use, age, general condition, maintenance history
•Review long-range funding and prioritization categories
•Review security protocols
•Review the report’s format
We want to ensure that together we tailor the project to efficiently deliver those services that provide the highest value to you,
while conforming to your budget.
Deliverables
•Meeting minutes including goals and objectives, long-range funding strategies and prioritization categories
•Pre-assessment questionnaire
•Building survey schedule
•Project schedule
2.Facility Evaluation – Team Approach
To develop an easily understandable and tactically oriented facility condition and needs assessment will require a coordinated
effort between our team, the City and the facilities. Kitchell’s Project Manager will organize the field evaluation team(s) and
provide a quality report. Once all existing data is reviewed and evaluated during the project kick-off meeting, we propose the
following methodology to complete the facility evaluation portion of the work. The Field Evaluation Team (Team) will consist of, at
a minimum, an architectural, mechanical, and electrical assessor, each proficient carrying out facility condition assessments within
their discipline. In order to ensure continuity of data being collected, the Team will hold internal daily check-ins with our Project
Manager as the field evaluation work is progressing. Specialty resources (e.g. elevators, civil, and structural) will be added from our
Team to provide specific expertise and knowledge that may be required for each facility or building element.
Prior to our field survey, we will issue our pre-assessment questionnaire and our arrival schedule with the City. The questionnaire
should be completed by building maintenance personnel, preferably individuals knowledgeable of the major systems maintenance
history, current issues and known deficiencies. The questionnaire allows the Team to request information on the building systems
in much greater detail than would typically be asked in a face-to-face meeting due to schedule and time concerns. Moreover, by
allowing building maintenance personnel to respond over time, information provided is often more thought out and complete.
Upon arrival, we will first interview building maintenance personnel to respond or provide clarification to any questions the Team
may have due to their review of the questionnaire. We will require maintenance staff to escort our Team (or be available)
throughout our assessment. They should also have access to all mechanical and electrical rooms, roofs, central plants and other
secured areas.
City of Rohnert Park – Building Condition Assessment Exhibit A
Kitchell CEM – Scope of Work
3
The Team will assess the following systems and components:
•Structural Frame and Building Envelope: identify basic type of structure; observe building substructure, including the
foundation system; observe superstructure or structural frame; building envelope including facades or curtain wall system,
glazing systems, doors, stairways, etc.;
•Roofing;
•Interior Elements: finishes (flooring, ceilings, walls, etc.) interior partitioned windows interior doors, and non-moveable
furniture;
•Plumbing systems (fixtures, domestic water distribution, sanitary waste, rainwater drainage and special plumbing systems
such as compressed air, etc.);
•HVAC systems (controls and instrumentation; and other HVAC support elements);
•Life Safety / Fire Protection: alarm systems, monitoring systems, emergency lighting, sprinkler systems, standpipe and
hose systems, pumps, fire protection specialties, and special fire suppression systems;
•Electrical Systems: service and distribution, feeder type (aluminum or copper), lighting and branch wiring,
communications and security systems, emergency generators, UPS systems, and electrical controls and instrumentation;
•Other unforeseen items that cannot be classified into the other systems.
We will follow the non-destructive visual observation procedures (as codified in ASTM E2018-15, Standard Guide for Property
Condition Assessments) to conduct our field inventory. Our survey will be conducted during normal business hours. Our Team is
courteous and professional, and we anticipate they will be wearing City provided badges/identification to identify them as part of
the assessment team. During the building assessment, we will observe material systems and components of the building and
identify physical deficiencies and any unusual features.
In order to accomplish the goal of this project, our Team will require the use of technology (Fulcrum) inside each facility. Fulcrum is
a mobile data application app that allows our team to efficiently capture deficiencies during their assessment. The use of
technology within the facility may require City support. Our team will work with the City to honor privacy and security concerns
with respect to the use of technology tools inside the facility. We propose to utilize tablet devices to collect assessment data and
take photographs of deficient items, the building and major systems. Within 24 hours of completing our building assessment, we
will deliver a Trip Report that will inform the City of any fire, life and health safety issues that need immediate attention.
Over the course of developing our significant facilities assessment experience and by utilizing respected industry and regulatory
resources such as Whitestone Research, US DOJ, ASCE, IFMA and ASHRAE, we have developed comprehensive checklists for each
discipline and building elements that are integrated into our mobile Fulcrum application. These checklists address most every
potential deficiency. By developing these comprehensive checklists and training each team member in their use, we will control the
continuity and quality of our final Report.
Deliverables
•A trip report consisting of any fire/life/health safety issues
3. Evaluation & Findings
Data gathered from the field teams will be organized into a thorough Facility Assessment Database with photographs of each item.
This Database will be a user-friendly tool that details the condition of each building, and notes system and component deficiencies.
Each deficiency will have a recommendation for correction and an associated cost so the City can assess and prioritize each need.
Our philosophy is that the Database should be a living document and serve as the City’s master “road map” for ongoing facility
upkeep and maintenance program that guarantees an efficient use of funds.
City of Rohnert Park – Building Condition Assessment Exhibit A
Kitchell CEM – Scope of Work
4
A budget level cost estimate conforming to ASTM Uniformat II Classification for Building Elements (E1557-97; Level 3) will be
generated that captures the field team’s recommendations for addressing deficiencies. Our estimating staff relies on in-house
historical cost data and knowledge of the bidding climate in the various regions within the California market. We utilize our in-
house cost database built from over $5 billion of construction, RS Means, Timberline and Excel software to prepare our cost
estimates. We have an excellent track record of forecasting market conditions that impact construction costs, trade labor and
material availability, geographic or seasonal considerations and more. By considering all these potential budget impacts, we
consistently produce extremely accurate conceptual estimates that translate into completed facilities within established budgets.
A Current Replacement Value (CRV), Facilities Condition Index (FCI), and a multi-year annual expenditure forecast for each facility
will be generated based on the following scenarios:
•Unlimited budget to bring assets up to no deferred maintenance and replacements required in 10 years beyond routine
end of life, and which projects to prioritize;
•Currently budgeted funding for building repair and maintenance (to be provided by staff) over next 10 years, and which
project to prioritize; and
•Budgeting to keep up on maintenance activities without deferment.
4.Reporting
We have provided in our proposal response a draft and final report for the City’s review. We chose these reports because they
closely align with the scope of services outlined in the RFP. The City should be aware that the structure of our report is flexible in its
application and will be modified to meet the City’s specific needs and expectations. To ensure Kitchell meet’s the City’s needs and
expectations, once we have completed the initial field evaluation, we will develop a pilot report for the City’s review and
comments. After receiving the City’s pilot report review comments, we will make any necessary adjustments and develop our final
field evaluation report for the City.
The Facility Evaluation Team will provide a written analysis including a detailed description of each building component and
system. The report is organized by building system and will include digital photos of major systems and components and of all
deficiencies identified. The report will include discussion of current and anticipated repairs, replacements and deficiencies, and
applicable options for repair or maintenance of building components. Deficiencies are summarized in a Capital Needs Analysis
Table included throughout the report.
Reports will reflect a 10-year expenditure plan based on the Facility Evaluation Team’s building system evaluation. The analysis will
include a cost table sorted by building and system and ranked by priority. Tables will allow for the customization of reporting and a
year-by-year budget needs analysis. A program summary report will also be provided to include a roll-up of all prioritized capital
needs across all facilities.
The budget needs analysis will include a cost database sorted by building system and ranked by priority. The format of the
database will allow for the customization of reporting by building, by system or by priority, and a year-by-year analysis of budget
needs.
Deliverables
•Pilot Report
•Draft Condition Report
•Final Condition Report
5.Additional Services
Structural Evaluation (ASCE 41: Standard for Evaluation and Retrofit of Existing Buildings.
City of Rohnert Park – Building Condition Assessment Exhibit A
Kitchell CEM – Scope of Work
5
Phase 1: Assessment
•Review of all original and renovation structural drawings and reports (if original and/or retrofit drawings are not available,
additional site documentation and material testing is required)
•Review of geotechnical report with foundation and seismic hazard parameters (if geotechnical information is not available,
USGS and ABAG maps will be used to approximate conditions but actual conditions may be different and should be
confirmed prior to design or construction)
•Site visit for field investigation of existing conditions
•ASCE 41 Benchmark Building based review for structural systems and associated deficiencies
•General ASCE 41 Tier 1 based structural assessment (not a full seismic evaluation)
•Written report with general findings and recommendations to mitigate deficiencies
•Additional analysis and more detailed evaluation may be recommended
Phase 2: Evaluation
•Detailed site visit for field investigation of existing conditions
o Material testing and selective demolition plan
o Selective demolition by others will likely be required
o Material testing by others will likely be required
o Review of testing results and incorporation with analysis
•ASCE 41 Tier 1 and Tier 2 deficiency-only structural seismic evaluation
•Detailed report with findings and recommendations mitigating deficiencies
•Additional analysis and more detailed Tier 3 evaluation may be recommended
•Conceptual structural plans and or details illustrating proposed modifications or improvements
•Assist cost estimator in developing probable construction cost
•Review construction cost estimate and provide feedback
Preventative Maintenance Program Development
Kitchell’s approach to developing Preventative Maintenance Plans delivers you and your Operations Team all the tools necessary to
implement a proactive maintenance strategy. We will develop a Preventive Maintenance Program for all the maintainable buildings
systems and equipment within the buildings. We will develop Preventive Maintenance Procedures (PM’s) customized to each asset
that meet the manufactures recommendations. Our PM’s go a step further than any other firm by including the safety guidelines
and procedures needed to ensure your staff and vendors are following all Federal, State, and local Safety Requirements. Inclusion
of these Safety elements lowers your risk and recordable incidents, but most importantly, it informs maintenance personnel of
proper Safety procedures to ensure they go home safely. Established guidelines and standards for Rounds and Readings are a key
part of this program as well.
The specific tasks undertaken to achieve these goals include:
•Review existing processes and procedures involving asset management, corrective and preventive maintenance
•Review existing data
City of Rohnert Park – Building Condition Assessment Exhibit A
Kitchell CEM – Scope of Work
6
o Analyze existing preventive maintenance data and systems (Computerized Maintenance Management Software
(CMMS), Excel, other)
o Review available construction documents and as-built drawings
•Asset Tree development
o Create an Asset Tree (an outline of the functional spaces of a facility / campus, by building, floor, area, and
operational use)
•Asset tag equipment
o Review and determine the equipment type that will be in scope to asset tag and maintain for the PM program
o Develop a preliminary asset list based off construction documents
o Determine the type of numbering system for asset tags
o Perform asset tagging
Physically verify equipment, adhere asset tag with bar code, capture all nameplate data for the piece of
equipment (equipment type, location, model number, serial number, manufacturer, field ID)
•Develop Preventive Maintenance (PM) procedures
o Develop a specific PM procedure for each piece of maintainable equipment (or asset); typically MEP
Procedures to be based on manufactures recommendations and industry standards
Procedures to include the tasks necessary for each frequency interval (daily, weekly, monthly, quarterly,
semi-annually, annually)
OEM based tasking and frequency to ensure warranty compliance
General Safety precautions and procedures to be included
o CMMS configured to create the PM’s for each asset. PM procedures attached to each asset and scheduled to be
auto-assigned to appropriate team member, client staff or outside vendor
o Identify resources needed to perform the PM: quantity of specific parts and materials, specialty tools, other
•Develop PM schedule
o Develop a comprehensive schedule that includes all PM’s and intervals for all maintainable equipment
o Included shall all be regulatory and compliance inspections, testing, or permit requirements
•Resource balancing
o PM’s to be prioritized for service completion based on criticality and shutdown needs to the operation and
organizational mission. Prioritization to be agreed upon by client prior to implementation
o PM frequency to be adjusted based on priority and available resources (FTE and vendors), adjustments to be
agreed upon prior to implementation
•Data integration / delivery
o Upload complete program data into existing CMMS (if applicable). If no CMMS is available, then program shall
be delivered as an Excel workbook
F. FEES
ROHNERT PARK CITY BUILDINGS ASSESSMENT | Page 23
Following is Kitchell’s fee proposal to provide services to the City.Provide a detailed fee proposal by task
for the services identified in the scope
of services. The fee shall include all
costs, including reimbursable expenses.
FEES
Task Fixed Fee Amount
Current Facility Condition Documentation 43,950.00$
Facility Condition Index Rating 58,600.00$
Draft Building Conditions Report 29,300.00$
Final Building Conditions Report 14,650.00$
Total Amount 146,500.00$
ITEM NO. ___7.G._______
1
Meeting Date: February 8, 2022
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Jeffrey Beiswenger, Planning Manager
Agenda Title: Authorize the City Manager to Execute a Master Agreement for
Consultant Services with Dudek for Planning and Environmental Services
RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute a Master
Agreement for Consultant Services with Dudek for planning and environmental services and authorize
the Finance Director to make appropriations and increase budgeted revenue to account for developer
reimbursements.
BACKGROUND: The City’s General Plan envisions significant continued or new residential
and non-residential development in the Northeast, University District, Southeast, Wilfred
Dowdell, Stadium Lands and Northwest Specific Plan Areas (SPAs). In addition, development is
planned in the SOMO Village and Central Rohnert Park Planned Development Areas (PDs).
Based on development activity that began in 2012, Dudek was retained to assist with planning
and environmental review services. Since that time development activity has continued and staff
has utilized the services of Dudek to minimize delays and provide timely responses to applicants.
In addition to work on development projects, Dudek staff has assisted with the completion of
special projects (e.g. General Plan update) and assisted with environmental review for capital
improvement projects, many of which are related to new development. This work was completed
under a Master Agreement, dated June 28, 2016, as authorized through Resolution No. 2016-67
on June 28, 2016. The First Amendment was authorized by Minute Order on August 13, 2019
which extended the terms of the Master Agreement to December 31, 2021. The proposed new
Master Agreement will allow for their continued services in planning and environmental support
through December 31, 2027.
ANALYSIS: The City’s Development Services Department has processed a significant number
of planning applications in the past several years. While City planning staff is active in the
processing of this work, staff does not have sufficient resources to complete the environmental
portion of the projects required. The City’s 2021-22 budget anticipates this workload and plans
for the use of outside consultant resources to allow for processing of the environmental portion
of the development applications. Specifically, the Scope of Services includes: Environmental
Review Services, including Biological Resource Studies, Permitting and Services, Cultural
Resource Studies and Tribal Cultural Resource Services.
Dudek has been engaged in planning and environmental review for the City for over nine years
and brings a unique understanding of several of the City’s Specific Plans and Planned
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.G._______
2
Development Areas. Retaining Dudek provides the City and the applicants with continuity and
value. Dudek’s rates are competitive with planning and environmental consulting firms.
This proposed Master Agreement with Dudek is in alignment with Purchasing Policy Section
3.6.D which allows the city to engage professional services via a negotiated process.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This action is
consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. It is also
consistent with the City Council’s priority to deliver housing at all levels. This action will allow
the Development Services Department to continue to provide timely service to applicants.
OPTIONS CONSIDERED:
1. Authorize the Master Agreement with Dudek (recommended action). This option
preserves continuity and understanding and provides the resources necessary to ensure
timely review of development submittals.
2. Secure proposals from other consulting firms for environmental review. Development
Services maintains master agreements with several firms that can provide Planning and
Environmental Services. Because of Dudek’s strong familiarity with City projects and
processes, staff is seeking retain access to Dudek along with other consulting firms.
3. Perform all planning and environmental review with City staff. This option is not
recommended because staff does not have sufficient experience and capacity to review all
the development applications currently being considered and manage the full range of
CEQA compliance for more complex projects. The use of a consultant offers flexibility
to the City to engage their services only if and when there is work to be done while
ensuring applicants of capacity and expertise to complete their work.
FISCAL IMPACT/FUNDING SOURCE: The immediate fiscal impact of the proposed action
is $15,000, which is the base amount authorized by the Master Services Agreement. The
Agreement envisions that additional work could be authorized by Task Order and any future
Task Orders will authorized consistent with the City’s Purchasing Policy. The funding source is
developer reimbursements received into the Development Services operating budget. The
Development Services operating revenue budget includes these anticipated reimbursements. The
contract expense can also be covered by the contract professional services budget. No changes to
Development Services operating budget are necessary to accommodate this Master Agreement.
Senior Code Compliance Officer Approval Date: N/A
Department Head Approval Date: 01/21/2022
Finance Director Approval Date: 01/21/2022
City Attorney Approval Date: 01/21/2022
City Manager Approval Date: 02/01/2022
Attachments:
1. Master Agreement for Consultant Services
ATTACHMENT 1
Page 1 of 19
OAK #4844-6469-8375 v103
MASTER AGREEMENT FOR CONSULTANT SERVICES
This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is
entered into as of the 8th day of February, 2022, by and between the City of Rohnert Park
("City"), a California municipal corporation, and Dudek ("Consultant"), a California
Corporation, with reference to the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to obtain planning and environmental review services, and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
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 Christine Kronenberg 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.
ATTACHMENT 1
Page 2 of 19
OAK #4844-6469-8375 v103
B. Time of Performance. The services of Consultant are to
commence upon receipt of a written notice to proceed from City, but in no event prior to
receiving a fully executed agreement from City and obtaining and delivering the required
insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its
services in accordance with the schedule attached to the Task Order. Any changes to these dates
in either this Section 3 or the Task Order shall be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable
legal requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall: (1) for
services provided directly under this Agreement be at the rate and schedules more particularly
described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services
authorized by Task Orders, be at the rate and schedules specified by said Task Order. However,
in no event shall the amount City pays to Consultant for services provided directly under this
Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to
Consultant for work done by Task Order exceed the total compensation specified by the Task
Order. Whether working under this Master Agreement or a Task Order, the services of the
Consultant shall not commence without a written notice to proceed from the City. 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
ATTACHMENT 1
Page 3 of 19
OAK #4844-6469-8375 v103
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.
C. Changes in Compensation. Consultant will not undertake any
work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement
without prior written amendment to this Agreement. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event,
the compensation and time of performance shall be subject to renegotiation upon written demand
of either party to the Agreement. Consultant shall not commence any work exceeding the Scope
of Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(40) hours per work week, or work performed during non-standard business hours, such as in the
evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work
performed on a recognized holiday. Consultant shall not receive paid time off for days not
worked, whether it be in the form of sick leave, administrative leave, or for any other form of
absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Term. The term of this Agreement shall commence on the date of its execution
by both parties and shall continue in full force and effect until December 31, 2027, 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.
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6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by the Consultant under the Agreement shall be vested in City, none of
which shall be used in any manner whatsoever, by any person, firm, corporation, or agency
without the expressed written consent of the City. Consultant shall assume no responsibility for
the unintended use by others of such final work products which are not related to the scope of
the services described under this Agreement. Basic survey notes and sketches, charts,
computations, and other data prepared or obtained under the Agreement shall be made available,
upon request, to City without restriction or limitations on their use. Consultant may retain
copies of the above-described information but agrees not to disclose or discuss any information
gathered, discussed or generated in any way through this Agreement without the written
permission of City during the term of this Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest.
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.
(1) Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(2) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel
independent of the control and direction of the City or of any City
official, other than normal contract monitoring; and
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(3) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel.
(2 Cal. Code Regs. § 18700(a)(2).)
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. The City has no liability or
responsibility for any accident, loss, or damage to any work performed under this Agreement
whether prior to its completion 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 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
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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
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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. Except as otherwise allowed by City in its sole
discretion, 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.
F. Waiver of Subrogation. Consultant and Consultant's insurance
company agree to waive all rights of subrogation against City, its officers, elected officials,
employees, agents and volunteers for losses paid under Consultant's workers' compensation
insurance policy which arise from the work performed by Consultant for City.
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
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by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
17. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated
at any time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violates any of the
terms of this Agreement, in addition to all other remedies provided by law, City may terminate
this Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
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.
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20. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by a Task Order, Consultant shall
immediately commence work to perform the services required by that Task Order according to
the time requirements set in the Task Order.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Phone: 707-588-2225
Fax: 707-792-1876
Email: cityclerk@rpcity.org
If to Consultant: Dudek
Attn: Christine Kronenberg, Principal
853 Lincoln Way suite 208
Auburn, CA 95063
ckronenberg@dudek.com
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.
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B. Any records or documents required to be maintained pursuant to
this Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided
to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
C. The City may, by written request by any of the above-named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in the City Manager's office.
25. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant
for employment because of race, religion, age, sex, creed, color, sexual orientation, marital
status or national origin. Consultant will take affirmative action to ensure that applicants are
treated during such employment without regard to race, religion, age, sex, creed, color, sexual
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 must present a written claim to
City in accordance with 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,
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illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless
expressly authorized by City.
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.
36. Statement of Economic Interest. If City determines Consultant comes within the
definition of Consultant under the Political Reform Act (Government Code §87100), Consultant
shall complete and file and shall require any other person doing work under this Agreement to
complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park
disclosing Consultant and/or such other person's financial interests.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
Signatures on Next Page
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CITY OF ROHNERT PARK CONSULTANT
By: __________________________________
City Manager
By:
Title:
Date: Date:
Per Minute Order adopted by the Rohnert Park City
Council at its meeting of February 8, 2022.
CONSULTANT
By:
Title:
APPROVED AS TO FORM:
Date:
By: __________________________________
City Attorney
ATTEST:
By: __________________________________
City Clerk
EXHIBIT A SCOPE OF SERVICES
<insert updated scope>
EXHIBIT B FEE SCHEDULE
<insert updated fee schedule>
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EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits are subject to review but in
no event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two
Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $2,000,000 (Two Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
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Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant.
1. Consultant agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insureds the City, its officers, elected officials, employees, agents,
and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If
completed operations coverage is excluded, the policy must be endorsed to include such coverage.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application of
such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so-called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period) that may
affect City's protection without City's prior written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
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9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. Consultant agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes
no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who
is brought onto or involved in the project by Consultant, provide the same minimum insurance
coverage required of Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
12. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self-insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-insured retention,
substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
17. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to
ATTACHMENT 1
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OAK #4844-6469-8375 v103
the renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its officers, elected officials, employees, agents, and
volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in
this agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional
insurance coverage required by this agreement. Any such provisions are to be deleted with
reference to City. It is not the intent of City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
ATTACHMENT 1
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OAK #4844-6469-8375 v103
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
EXHIBIT A SCOPE OF SERVICES
2022
A. Environmental Review Services for Development Projects
Consultant shall provide environmental services to assist the City of Rohnert Park staff with entitlement processing
tasks for development projects under review at the City. Services covered under this section include services that
are reimbursed by private development and applicants under the City’s cost recovery program. Tasks to be
performed shall be specifically requested by City staff before work is initiated and may include:
1. Environmental Document Preparation and Management. Provide oversight and direction to project
applicants, City staff, and environmental consultants throughout completion of the environmental
review (MND, EIR, Addendum, Consistency Analysis) process, serving as primary contact between the
City, the applicant and environmental consultant. Review and comment on the environmental
documents prepared by other consultants on behalf of the Planning Division. Compile all internal
review comments completed by the various City departments and assist with the interdepartmental
coordination of environmental document-related comments as needed. Oversight and management
of the environmental document preparation; ensure routing of submittals to the appropriate
departments and agencies; and provide document status/schedule updates. Ensure departmental
files provide a legally adequate administrative record. Complete or review environmental
documentation to ensure compliance with CEQA and other state regulations.
2. Technical Studies. Prepare technical studies and other technical work to support environmental
documents, including peer review of studies prepared by other consultants. This would include
quantifying air emissions and modeling air quality, energy and greenhouse gas; conducting noise
reports to quantify an increase in ambient noise levels; and conducting literature/records review of
databases for any known hazards or recognized environmental conditions.
B. Biological Resource Studies, Permitting and Services
Consultant shall provide biological services to assist the City of Rohnert Park staff with the project
management and entitlement processing tasks for development projects under review at the City. Services
covered under this section include services that will be reimbursed by private development and applicants
under the City’s cost recovery program. Tasks to be performed shall be specifically requested by City staff
before work is initiated and may include:
1. Biological Resources Assessments. Review background information (soils, aerial photos, topographic
maps, other environmental documents). Obtain report(s) from the California Natural Diversity Data
Base for special-status species occurrences in the region. Perform query of the California Native
Plant Society database for rare plants with potential to occur in the project area. Obtain a database
report from the USFWS for special-status species with potential to occur in the project area and
critical habitat. Conduct field survey of site to inventory vegetation types and wildlife habitat. Prepare
a list of observed plants and animals. Prepare exhibits including habitat maps, species occurrence
data, critical habitat, and ground photos. Identify the location of any special-status species
2
populations. Prepare Biological Resources Assessment report documenting results of research and
field survey(s).
2. Special-status Plant and Animal Surveys. Biologists will survey the site for the occurrence of special-
status species according to applicable regulatory guidance for surveys within the Santa Rosa Plain
Conservation Strategy Area. Prepare a list of species observed and field map locations of any rare
plant populations or special-status animal species observed. Prepare exhibits to identify the
locations of species mapped during the field survey. Incorporate the results of the survey into survey
report include recommendations for appropriate mitigation strategies for any species identified.
3. Wetland Delineations and Verifications. Wetland delineations will be conducted pursuant to the
standards established by the San Francisco District Corps office. Obtain and evaluate background
data, such as aerial photographs, soils maps, and other pertinent information. Conduct a wetland
delineation according to the Corps’ 1987 manual using the three parameter method described in the
manual. Create a wetland delineation map showing the features identified as waters of the United
States during the delineation site visit. Prepare a Wetland Delineation Report for submission to the
U.S. Army Corps of Engineers. Work with the Corps to finalize verification of the Wetland Delineation
map.
4. Resource Agency Consultation and Permitting. Resource specialists will work on behalf of the City
with applicable state and federal agencies to consult regarding Clean Water Act, Endangered
Species Act and other regulations to obtain information and permits, as needed.
5. Other Work. As directed, including construction monitoring for mitigation compliance.
C. Cultural Resource Studies and Tribal Cultural Resource Services
Consultant shall provide cultural resources services to assist the City of Rohnert Park staff with the project
management and entitlement processing tasks for development projects under review at the City. Services
covered under this section include services that will be reimbursed by private development and applicants
under the City’s cost recovery program. Tasks to be performed shall be specifically requested by City staff
before work is initiated and may include:
1. Cultural Resource Reports. Request a records search from the Northwest Information Center (NWIC)
and conduct an updated Native American Heritage Commission (NAHC) Sacred Lands File search.
Conduct a pedestrian level field survey of site to determine the presence of any cultural resources.
Prepare exhibits including maps. document the results of the cultural resources investigation in a
report.
2. Conduct Follow Up Surveys. Archeologists will conduct follow up surveys if any resources are
identified during the literature research or pedestrian survey to document presence or absence of
the resource. If any new resources are identified they shall be subject to field inventory-level
documentation sufficient to prepare a Department of Parks and Recreation (DPR) 523 Site Record
Form.
3. Tribal Cultural Resources. Archeologists will be available to assist City of Rohnert Park staff with
tribal consultation and to develop mitigation measures to address tribal concerns, as needed.
4. Other Work. As directed, including construction monitoring for mitigation compliance.
DUDEK 2022 Standard Schedule of Charges
EFFECTIVE JANUARY 1, 2022
Engineering Services
Project Director ...................................................................... $305.00/hr
Principal Engineer lll .............................................................. $285.00/hr
Principal Engineer II ............................................................... $270.00/hr
Principal Engineer I ................................................................ $260.00/hr
Program Manager .................................................................. $250.00/hr
Senior Project Manager ......................................................... $250.00/hr
Project Manager ..................................................................... $245.00/hr
Senior Engineer III .................................................................. $235.00/hr
Senior Engineer II .................................................................. $225.00/hr
Senior Engineer I ................................................................... $215.00/hr
Project Engineer IV/Technician IV ......................................... $205.00/hr
Project Engineer llI/Technician III .......................................... $195.00/hr
Project Engineer lI/Technician II............................................ $180.00/hr
Project Engineer I/Technician I ............................................. $165.00/hr
Senior Designer ...................................................................... $185.00/hr
Designer ................................................................................. $175.00/hr
Assistant Designer ................................................................. $170.00/hr
CADD Operator III ................................................................... $165.00/hr
CADD Operator II .................................................................... $155.00/hr
CADD Operator I ..................................................................... $140.00/hr
CADD Drafter .......................................................................... $125.00/hr
CADD Technician .................................................................... $115.00/hr
Project Coordinator ................................................................ $140.00/hr
Engineering Assistant ............................................................ $120.00/hr
Environmental Services
Project Director................................................................................. $255.00/hr
Senior Specialist IV........................................................................... $235.00/hr
Senior Specialist III .......................................................................... $225.00/hr
Senior Specialist II ........................................................................... $205.00/hr
Senior Specialist I ............................................................................ $195.00/hr
Specialist V........................................................................................ $185.00/hr
Specialist IV....................................................................................... $175.00/hr
Specialist III ...................................................................................... $165.00/hr
Specialist II ....................................................................................... $150.00/hr
Specialist I ........................................................................................ $135.00/hr
Analyst V ........................................................................................... $125.00/hr
Analyst IV .......................................................................................... $115.00/hr
Analyst III........................................................................................... $105.00/hr
Analyst II............................................................................................... $95.00/hr
Analyst I................................................................................................ $85.00/hr
Technician III ....................................................................................... $75.00/hr
Technician II ........................................................................................ $65.00/hr
Technician I ..........................................................................................$55.00/hr
Mapping and Surveying Services
Application Developer II .................................................................. $195.00/hr
Application Developer I ................................................................... $155.00/hr
GIS Analyst V .................................................................................... $205.00/hr
GIS Analyst IV ................................................................................... $165.00/hr
GIS Analyst III.................................................................................... $145.00/hr
GIS Analyst II..................................................................................... $130.00/hr
GIS Analyst I...................................................................................... $115.00/hr
UAS Pilot ........................................................................................... $115.00/hr
Survey Lead ..................................................................................... $185.00/hr
Survey Manager .............................................................................. $135.00/hr
Survey Crew Chief............................................................................ $115.00/hr
Survey Rod Person............................................................................. $95.00/hr
Survey Mapping Technician.............................................................. $95.00/hr
Construction Management Services
Principal/Manager ................................................................. $195.00/hr
Senior Construction Manager ............................................... $185.00/hr
Senior Project Manager ......................................................... $175.00/hr
Construction Manager ........................................................... $160.00/hr
Project Manager ..................................................................... $150.00/hr
Resident Engineer ....................................................... …….….$150.00/hr
Construction Engineer............................................................ $150.00/hr
On-site Owner’s Representative ............................................ $140.00/hr
Prevailing Wage Inspector ..................................................... $139.00/hr
Construction Inspector ........................................................... $135.00/hr
Administrator/Labor Compliance .......................................... $100.00/hr
Hydrogeology/HazWaste Services
Project Director ...................................................................... $305.00/hr
Principal Hydrogeologist/Engineer II ..................................... $280.00/hr
Principal Hydrogeologist/Engineer I ...................................... $260.00/hr
Senior Hydrogeologist V/Engineer V .................................... $240.00/hr
Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr
Senior Hydrogeologist III/Engineer III .................................... $220.00/hr
Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr
Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr
Project Hydrogeologist V/Engineer V .................................... $185.00/hr
Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr
Project Hydrogeologist III/Engineer III ................................... $165.00/hr
Project Hydrogeologist II/Engineer II ..................................... $155.00/hr
Project Hydrogeologist I/Engineer I ....................................... $145.00/hr
Hydrogeologist/Engineering Assistant .................................. $120.00/hr
District Management & Operations
District General Manager....................................................... $210.00/hr
District Engineer ..................................................................... $205.00/hr
Operations Manager ............................................................. $160.00/hr
District Secretary/Accountant .............................................. $135.00/hr
Collections System Manager ................................................. $135.00/hr
Grade V Operator ................................................................... $125.00/hr
Grade IV Operator .................................................................. $110.00/hr
Grade III Operator .................................................................. $100.00/hr
Grade II Operator ..................................................................... $80.00/hr
Grade I Operator ...................................................................... $75.00/hr
Operator in Training ................................................................. $75.00/hr
Collection Maintenance Worker ............................................. $75.00/hr
Creative Services
Creative Services IV ............................................................... $165.00/hr
Creative Services III ............................................................... $150.00/hr
Creative Services II ................................................................ $135.00/hr
Creative Services I ................................................................. $120.00/hr
Publications Services
Technical Editor lV ................................................................. $165.00/hr
Technical Editor lll .................................................................. $150.00/hr
Technical Editor ll ................................................................... $135.00/hr
Technical Editor l .................................................................... $120.00/hr
Publications Specialist lV ....................................................... $120.00/hr
Publications Specialist lll ....................................................... $110.00/hr
Publications Specialist ll ........................................................ $100.00/hr
Publications Specialist l ........................................................... $90.00/hr
Clerical Administration ............................................................. $90.00/hr
Forensic Engineering – Court appearances, depositions, and interrogatories as expert
witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the
normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special
reproductions and blueprinting, outside data processing and computer services, etc.,
are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay
is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and
payable upon receipt. Invoices are delinquent if not paid within 30 days from the date
of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the
outstanding balance until paid in full.
Annual Increases – Unless identified otherwise, these standard rates will increase 3% annually.
The rates listed above assume prevailing wage rates does not apply. If this assumption
is incorrect Dudek reserves the right to adjust its rates accordingly.
ITEM NO. 8.A.
Appendix AAAAppendix
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
Meeting Date: February 8, 2022
Department: Finance Department
Submitted By: Nishil Bali, Finance Director
Prepared By: Cheri Hawkins, Accounting Supervisor and Nishil Bali, Finance Director
Agenda Title: Public Hearing: Consideration of Proposed Five-Year Water Rate
Schedule and Temporary Water Shortage Surcharge Structure, and
Adoption of Proposed Water Rates for the City of Rohnert Park
RECOMMENDED ACTION:
Staff recommends that the City Council hold a public hearing to consider the adoption of the
proposed water rate schedule for years 2022 through 2026, effective on March 1, 2022, and to
receive protests, if any, from public on the proposed changes to water rates in accordance with
requirements under Proposition 218.
BACKGROUND:
On October 26, 2021 City Council received a water rate study prepared and presented by Reed
Group, Inc. /Hildebrand Consulting, and provided direction to finalize and provide a Final Water
Rate Study Report. On November 23, 2021 City Council approved the Final Water Rate study
report supporting a proposed rate increase and directed staff to proceed with issuing notice of a
public hearing regarding the proposed rate increase as supported by the Final Water Rate study.
On December 16, 2021 the City notified property owners and rate payers of the proposed rates
with mailed notice in the manner required by article XIIID, section 6 of the California Constitution
and Government Code sections 53755 and 53756, that a public hearing had been scheduled for
February 8, 2022. The purpose of the public hearing is to comply with the protest requirements
enacted under Proposition 218 with respect to the proposed changes to the City’s water rates. At
the public hearing, the City Council must receive input from the public on the proposed changes
to water rates. If written protests are received for at least a majority (50% plus one) of parcels in
Rohnert Park prior to the closure of the public hearing, the City may not impose the proposed
water rates. No more than one protest may be submitted per parcel, and if protests received account
for less than 50% of the parcels subject to the proposed rates, the Council may proceed to adopt a
resolution adopting the water rates.
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 8.A.
Appendix AAAAppendix
ANALYSIS:
As supported by the 2021 Water Rate Study Report (the Report) adopted by the Council under
Resolution No. 2021-132), the proposed water rates (Exhibit A) support the operation of the City’s
water system based on current and foreseeable costs of providing service, and are intended to
address the City’s water needs and requirements both now and into the future. The City is
committed to providing clean, safe and reliable drinking water. The Report includes findings and
supporting analysis demonstrating that the revenues generated by the proposed water rates and
charges would not exceed the City’s cost of providing water service, including maintaining typical
and prudent reserves for operation of the water system.
In accordance with Section 6 of Article XIII D, Section 6 (a) of the California Constitution,
(Proposition 218) requires that local government mail notice 45 days before holding a public
hearing on the matter. The City provided written notice by mail on December 16, 2021 with respect
to the proposed water rates. This written notice includes the amount of the proposed water service
rates, the basis upon which the water were calculated, the reason for the water service rates and
the date, time, and location of the public hearing on the water service rates. The City has adopted
local rules regarding the procedure for making and tabulating protests via adoption of Resolution
2011-25.
Council will determine whether or not to adopt the Resolution approving the new water rates and
repeal current rates, based on whether protests are received for a majority of parcels in the City of
Rohnert Park. As of the date of the preparation of this report, the staff had received twelve written
protests. The number of protests shall be tabulated by the City Clerk after the public hearing. If
the number of protests received does not approach majority threshold, the City Clerk may
determine that no validation is warranted and may recommend that the Council proceed in
considering staff’s recommendation to introduce the ordinance repealing the former water rates,
and adopt a resolution establishing the new rates, which would go into effect on March 1, 2022.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
This action is consistent with Strategic Plan Goal B – Achieve and maintain financial stability.
The periodic review of the water service charge rates and capital preservation fees ensure the city
recovers the costs of water services, maintains adequate cash reserve levels, and adequately funds
current and future water infrastructure needs through capital projects.
OPTIONS CONSIDERED:
Recommended Option: Conduct the public hearing, and approve the proposed water rates
following a determination that there has not been a majority protest. This will ensure the City will
cover the cost of water service and allow for capital improvement projects on the water system.
Alternative: Council may elect not to adopt the resolution or provide alternate direction to amend
the resolution. If rates are not increased, this will ultimately lead to the City not recovering
sufficient revenue to cover costs required to maintain the water system.
ITEM NO. 8.A.
Appendix AAAAppendix
FISCAL IMPACT/FUNDING SOURCE:
With a water rate adjustment, the City will ensure it is covering the cost of providing water service,
have the ability to fund current and future water system capital projects, and maintain prudent
reserves for the water system.
Senior Code Enforcement Officer Approval Date: N/A
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 01.12.2022
City Manager Approval Date: 01.26.2022
Attachments:
Attachment 1: Resolution
Exhibit A to Resolution: Final Water Rates
RESOLUTION NO. 2022-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING FIVE-YEAR WATER RATE SCHEDULE AND TEMPORARY WATER
SHORTAGE SURCHARGE STRUCTURE
WHEREAS, the Reed Group, Inc./Hildebrand Consulting prepared the 2021 Water Rate
Study that outlines the need and basis for an adjustment to existing water rates in order to continue
to maintain and operate the City’s water utility; and
WHEREAS, findings from the 2021 Water Rate Study were presented to the City council
on October 26, 2021 and City council accepted the water rate study report on November 23, 2021,
directing staff to proceed with the rate adjustment process for the proposed rates, including
notifying property owners and conducting a public hearing prior to final adoption; and
WHEREAS, the Proposition 218 Omnibus Act (as set forth in Government Code section
53756 and 53756) authorizes that the City to adopt a five-year schedule of water rates with
automatic rate adjustments in order to keep pace with changes in operating and maintenance costs,
and help the utility maintain a prudent operating and capital reserve; and
WHEREAS, in compliance with article XIIID of the California Constitution and the
Proposition 218 Omnibus Act, the City of Rohnert Park (City) must notify all affected property
owners of a public hearing on the proposed water rate increases; and
WHEREAS, the City notified property owners and rate payers of the proposed rates with
a Public Notice on December 16, 2021; and
WHEREAS, Section 13.44.030 of the Rohnert Park Municipal Code provides that the City
Council shall by resolution establish water rates; and
WHEREAS, the City has identified the parcels upon which the charges will be imposed,
and mailed written notice to all parcels, wherein the City provided notice of the proposed charges,
the amount of the proposed charges, the basis for the calculation, the reason for the charge, and
the date, time, and location for a public hearing on the proposed charges not less than 45 days after
the notice; and
WHEREAS, the City Council held the duly noticed public hearing and considered all
written protests; and
WHEREAS, written protests against the water rates were not presented by a majority of
affected property owners and ratepayers;
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve
as follows:
Resolution 2022-020
2
Section 1. Findings. The above recitals are incorporated herein as if set forth herein in
full and each is relied upon independently by the City Council for its adoption of this Resolution.
In accordance with Article XIII D, Section 6(b), of the California Constitution, and in reliance on
the 2021 Water Rate Study previously adopted and approved by the City Council and the materials
presented by staff, the City Council finds that:
1. The revenues derived from the water service charges shall not exceed the funds
required to provide water service, because the rates are calculated to allow the City to
recover its costs.
2. The revenues derived from the water service charge will not be used for any purpose
other than that for which the charge is imposed, because the revenue will be kept in a
separate fund used only for costs related to the provision of water service.
3. The amount of the charge does not exceed the proportional cost of the water service
attributable to each parcel, because it is based upon necessary pipe size and water
consumption.
4. The water service charge will not be imposed upon parcels for which water service is
not immediately available.
5. The water service charge will be used to enable the City to provide water service rather
than general governmental services.
Section 2. Adoption. Pursuant to Government Code section 53756, the five year schedule
of water rates and temporary water rate surcharge structure set forth in Exhibit A is hereby adopted,
and such rates and charges shall be effective March 1, 2021.
Section 3. Environmental Review. This action is not a project within the meaning of
Section 15378 of the CEQA (California Environmental Quality Act) Guidelines, because it has no
potential for resulting in physical change in the environment, directly or ultimately. In the event
that this resolution is found to be a project under CEQA, this action is statutorily exempt from
CEQA pursuant to Public Resources Section 21080(b)(8) and CEQA exemptions contained in
CEQA Guidelines section 15273 (a), because it constitutes the establishment of charges for the
purpose of obtaining funds to meet the water utility’s financial and service obligations for ongoing
operation and maintenance, debt service, and capital improvements within existing service areas,
and also exempt under the common-sense exemption set forth in CEQA Guidelines section 15061
(b) (3), because it can be seen with certainty to have no possibility of a significant effect on the
environment.
Section 4. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of
this Resolution, including any individual rate or fee or component thereof, is for any reason found
to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity
or constitutionality of the remaining provisions of this Resolution.
Resolution 2022-020
3
DULY AND REGULARLY ADOPTED this 8th day of February, 2022.
CITY OF ROHNERT PARK
____________________________________
Jackie Elward, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachments:
1. Exhibit A: City of Rohnert Park Water Rates, effective March 1, 2022
GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A
City of Rohnert Park Water Rates, effective March 1, 2022
Table 1 – 5-Year Water Rate Schedule
2021 Water Rate Study
Public Hearing
February 8, 2022
2
Agenda
1.Water Enterprise Financial Plan
2.Cost of Service / Rate Design
3.Survey
4.Drought Surcharge Policy
5.Project Schedule
The Rate Setting Process
Compares the revenues of the utility to its
expenses to determine the overall level of rate
adjustment
Equitably allocates the revenue requirements
between the various customer classes of service
Design rates for each class of service to meet
the revenue needs of the utility, along with any
other rate design goals and objectives
Revenue Requirements
Cost-of-Service
Rate Design
3
4
Legal Requirements
for Setting Water Rates In California
Proposition 218 (Article XIIID, Section 6 of California Constitution)
•Revenues shall not exceed funds required to provide service; nor used for
another purpose
•Amount shall not exceed the proportional cost of the service attributable to
the parcel
•Service must be actually used or immediately available
•Approval process includes 45-day notice, public hearing, and written
majority protest. Does not require a voting process (unlike taxes).
Projected Capital Spending
5
Recent average Capital:
$3.7M
Forecasted average Capital:
$4.7M*
* $4.1 million when expressed in today’s dollars
$0
$1
$2
$3
$4
$5
$6
$7
MillionsActuals
Total Budgeted and Forecasted
Water Projects FY 21/22 FY 22/23
Water Systems Controls and Telemetry $50,000
Water Meter Replacement $250,000
Well Pump and Motor Replacements $150,000 $75,000
Well Electrical and Structural Upgrades
Project $100,000 $950,000
Tank and Pump Seismic Bracing Eval and
Correction $100,000
Tank Interior Recoating $500,000
Well/ Tank Maintenance
Well & Tank Site
Retrofit Project
Large Capital Projects Highlight
Water Projects FY 21/22 FY 22/23
A Section /Commerce Water Line
Replacement Ph 2 $250,000 $2,544,197
B Section Water Line Replacement $300,000 $1,500,000
Commerce Water Line
Replacement Project
7
Cost Increase Drivers
•Water Purchase Costs -(35% of operating budget) expected to
increase by 5 –6% per year
•Salaries and Benefits –Expected to increase by 4 -6% per year
•Capital Spending –2017 Rate Study had forecasted that
capital spending needs during this time period would average
$2 million per year (vs. the $4.7 million now expected)
Financial Forecast & Proposed Rate Revenue Increases
8
FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033
Rate Revenue Increase:5.0%5.0%5.0%5.0%5.0%5.0%5.0%3.0%3.0%3.0%3.0%3.0%
Proposed Rate Schedule Projected Increases (TBD)
$0
$3
$6
$9
$12 MILLIONSProjected Ending Fund Balance
Reserve Targets
$0
$5
$10
$15
$20
FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033Total Revenue / Expenses ($M)Non-Rate Revenue Existing Rate Revenue Additional Rate Revenue
Operating Expenses Internal Loan Repayment Capital Spending (CIP)ExpensesRevenues
9
Bill Impact Analysis (with 5% increase)
Monthly
Meter Water Use Current Proposed
Size (TGAL)Bill Bill $%
Single Family
Low Use 1"3.4 $40.85 $41.86 $1.01 2.5%
Average Use 1"6.2 $53.14 $56.30 $3.16 5.9%
High Use 1"18.7 $110.83 $117.86 $7.02 6.3%
Multifamily
Example #1 1"15.0 $88.83 $94.58 $5.75 6.5%
Example #2 1.5"30.0 $174.03 $185.18 $11.15 6.4%
Example #3 2"50.0 $284.21 $302.56 $18.35 6.5%
Non-Residential
Example #1 1"10.0 $68.93 $72.93 $4.00 5.8%
Example #2 2"50.0 $284.21 $302.56 $18.35 6.5%
Example #3 3"150.0 $753.55 $807.37 $53.82 7.1%
Example #4 4"300.0 $1,452.48 $1,559.47 $106.99 7.4%
Example #5 6"600.0 $2,901.33 $3,114.96 $213.63 7.4%
* Results include the 5 percent Year 1 rate increases
Change
10
5-Year Rate Schedule
March 1,
2022
January 1,
2023
January 1,
2024
January 1,
2025
January 1,
2026
Rate Revenue Increases:5.0%5.0%5.0%5.0%5.0%
Current
Single Family Usage Rate ($/gal.)
Tier 11 $0.003420 $0.003570 $0.003749 $0.003936 $0.004133 $0.004340
Tier 2 $0.004630 $0.004940 $0.005187 $0.005446 $0.005718 $0.006004
Multi-Family and Non-Residential Usage Rate ($/gal.)
Uniform Rate $0.003980 $0.004330 $0.004547 $0.004774 $0.005013 $0.005264
Fixed Monthly Service Charges
Up to 1"$29.13 $29.63 $31.11 $32.67 $34.30 $36.02
1.5"$54.63 $55.28 $58.04 $60.94 $63.99 $67.19
2"$85.21 $86.06 $90.36 $94.88 $99.62 $104.60
3"$156.55 $157.87 $165.76 $174.05 $182.75 $191.89
4"$258.48 $260.47 $273.49 $287.16 $301.52 $316.60
6"$513.33 $516.96 $542.81 $569.95 $598.45 $628.37
8"$819.14 $824.75 $865.99 $909.29 $954.75 $1,002.49
1 For the first 3,000 gallons per month
Proposed
11
Water bill comparisons among selected urban California water agencies
Proposed Drought Surcharge Policy
12
Normal
Supply
Stage 1
Voluntary
Stage 2
Mandatory
Stage 3
Mandatory
Stage 4
Mandatory
Stage 5
Mandatory
Stage 6
Mandatory
Assumed Demand Reduction 1-->None 5%15%25%35%45%50%
Water Shortage Surcharge 2-->None 0%5%10%15%20%
Estimated Financial Deficit from Water Shortage
Reduced Water Rate Revenue $0 -$295,000 -$884,000 -$1,473,000 -$2,063,000 -$2,652,000 -$2,946,000
Increased Water Conservation Costs $0 $0 -$25,000 -$50,000 -$50,000 -$75,000 -$100,000
Estimated Total Financial Deficit $0 -$295,000 -$909,000 -$1,523,000 -$2,113,000 -$2,727,000 -$3,046,000
Multi-Pronged Corrective Strategy
Reduce SCWA Water Purchase Costs $0 $233,000 $698,000 $1,164,000 $1,629,000 $2,095,000 $2,328,000
Water Shortage Surcharge Revenue $0 $0 $0 $221,000 $383,000 $486,150 $589,400
Total Corrective Actions $0 $233,000 $698,000 $1,385,000 $2,012,000 $2,581,150 $2,917,400
Surplus/(Deficit) Due to Shortage 3 (62,000)$ (211,000)$ (138,000)$ (101,000)$ (145,850)$ (128,600)$
Notes:
1 All water use reductions are assumed to come from SCWA purchases, therefore pumping costs are expected to remain the same.
2 Temporary water shortage surcharges generate supplemental revenue during certain stages of shortage.
3 These deficits have been mitigated by water shortage surcharge revenues sufficiently to be supportable by emergency reserves. While not
modeled here, modest decreases in the capital spending could be used to further mitigate revenue shortfalls.
13
•Receive public comment
•Close Public Hearing
•Tally protests
•City Council deliberation
•Vote to approve proposed rates (only if majority protest
doesn’t occur)
•Implement rates on March 1, 2022
Next Steps
From: NEIL & LINDA <
Sent: Monday, February 7, 2022 11:14 AM
To: Jenkins, Darrin <
Subject: Questions you have the answers to!
EXTERNAL EMAIL
1. Our WATER BILL RECAP & meter functionality
evaluation has been requested 3x, via your
utilities dept. # on the bill, but NO ONE
CALLS ME BACK!
2. When all the PGE underground utilities work is
done on Hudis Street, who removes the tar that
fills in the dug-up sidewalks, and replaces it
with cement? It looks like a war zone out here!
PGE contractors or the City of Rohnert Park?
3. Water rates better not go up anytime soon!
That is a scam!
As always, thanks for the answers, or having the
Item 8.A. Supplemental
appropriate City managers & staffs do their jobs!
Neil
ITEM NO. 8.B.
Meeting Date: February 8, 2022
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Sylvia Lopez Cuevas, City Clerk
Agenda Title: Discussion and Direction Regarding Town Hall Meetings
RECOMMENDED ACTIONS:
Discuss and provide direction on whether and how to hold town hall meetings in 2022.
BACKGROUND:
At the City Council Meeting of January 11, 2021, Mayor Elward requested staff to add an item to a
future agenda to discuss holding town hall meetings. Councilmember Giudice supported the request.
ANALYSIS:
A town hall meeting can be a way to engage with constituents on topics of interest that otherwise
would not be possible in a formal setting such as a City Council Meeting.
The City of Rohnert Park held its last town hall meeting on April 25, 2018. City staff had scheduled a
Town Hall Meeting on Wednesday April 22, 2020 and at its meeting of April 14, 2020, Council
directed staff to put the meeting on hold due to the Coronavirus (COVID-19) pandemic. COVID-19
continues to affect municipal operations.
The introduction of the Omicron variant has resulted in an exponential increase in COVID-19 cases
in Sonoma County. To slow the rapid spread of cases, Dr. Mase, Health Officer of the County of
Sonoma, issued Order C19-35 on January 10, 2022 to prohibit large gatherings 1 as well as gatherings
of 12 or more individuals of any age if any are at higher risk for severe illness from COVID-19. The
Health Order remains in effect until February 11, 2022.
While some organizations have hosted virtual town hall meetings, zoom fatigue may affect resident
engagement. To that extent, staff is seeking direction from Council whether to have in person town
hall meetings in 2022. If so, please provide direction on the specifics of the meetings.
If town hall meetings are to be held, staff is specifically asking Council for the following:
1. Determine the Specifics of the Meetings:
a. Number
b. Location
1 Large gathering is defined as more than 50 persons present indoors; or, more than 100 persons present outdoors
where social distancing of at least six (6) feet per person is not feasible.
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. 8.B.
c. Day of Week
d. Time of Day
2. Identify a Moderator or Facilitator: Professional facilitator, mayor, councilmember, staff
member, or respected community figure/leader.
3. Identify the format for the meeting.
4. Define or identify topics of interests, meeting objectives and panelists: This will help staff
prepare the agenda and presentations. It will also provide information on what, if necessary,
staff members will need to speak at the meeting.
5. Promoting the Meeting: would council like staff to prepare a press release and advertise on
social media or send personal invitations to the meeting? It should be noted that these
meetings are not televised and staff would like to know if Council would like to continue with
this practice or hire broadcast staff to televise the meeting.
6. Council attendance: will all Councilmembers attend?
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
Providing direction on how to hold town hall meetings is consistent with Strategic Plan Goal C:
Ensure the effective delivery of public services and Council Priority A: Navigating through COVID-
19.
OPTIONS CONSIDERED:
1. Discuss and determine whether and how to hold town hall meetings in 2022.
2. None, this discussion was directed by two councilmembers per the City Council Protocols.
FISCAL IMPACT/FUNDING SOURCE:
Unknown at this time.
Senior Code Enforcement Officer Approval Date: N/A
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 1/12/2022
City Manager Approval Date: 1/31/2022
Attachments: None.
ITEM NO. 8.C.
Meeting Date: February 8, 2022
Department: Administration
Submitted By: Sylvia Lopez, City Clerk
Prepared By: Elizabeth Machado, Deputy City Clerk
Agenda Title: Time Certain 6:30 p.m. PUBLIC HEARING: Third Public Hearing to
Review, Discuss and Revise Draft Maps and Receive Direction from City
Council on District Boundaries
RECOMMENDED ACTIONS:
Conduct the third public hearing to receive input from the public on draft maps. Review, discuss
and revise draft maps and provide direction on district boundaries.
SUMMARY:
After extensive community outreach, the City received a total of nineteen publicly submitted draft
maps. The City’s demographer prepared six draft maps for a total of twenty-five draft redistricting
maps for Council’s consideration.
BACKGROUND:
Redistricting Process
Although the City established the district boundaries on February 25, 2020 by adoption of
Ordinance No. 944, those boundaries were based on the 2010 federal census data. Every ten years
after the federal census is complete, district lines must be reviewed and, if necessary, adjusted to
keep the boundaries as nearly equal in population as possible, allowing for certain variances due to
geography, topography, communities of interest, etc., as required by federal and California law.
This process of reviewing the census data and adjusting the district boundary lines is called
redistricting.
In California, the process for redistricting is established by the Fair and Inclusive Redistricting for
Municipalities and Political Subdivisions Act (“Act”).1 Under the Act, cities and counties must
conduct certain outreach, maintain websites with publicly available information about draft maps
and hold at least four public hearings on the issue.
In 2020, the Legislature amended the Act to, among other things, adjust the deadline when the
final district map must be adopted. Agencies with a Nov. 8, 2022 election (consolidated with the
Statewide General Election) must adopt their maps no later than 205 days before the election, or
April 17, 2022.2 Because the City of Rohnert Park will hold district-based elections for
Councilmembers in Districts 2 and 5, the City’s redistricting maps will need to be approved no
later than April 17, 2022.
1 Elections Code § 21000 et seq.
2 Elections Code § 21602(a)(1).
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. 8.C.
The Act provides that when drawing the maps, district boundaries for each council district must be
substantially equal in population as determined by the most recent federal decennial census and the
boundaries must comply with the United States Constitution, the California Constitution, and the
federal Voting Rights Act of 1965.3 Additionally, when adopting district boundaries, certain
criteria must be used to establish the boundaries, in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet
only at the points of adjoining corners are not contiguous. Areas that are separated by water and
not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local
community of interest shall be respected in a manner that minimizes its division. A “community of
interest” is a population that shares common social or economic interests that should be included
within a single district for purposes of its effective and fair representation. Communities of interest
do not include relationships with political parties, incumbents, or political candidates.
(3) Council district boundaries should be easily identifiable and understandable by residents. To
the extent practicable, council districts shall be bounded by natural and artificial barriers, by
streets, or by the boundaries of the city.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this
subdivision, council districts shall be drawn to encourage geographical compactness in a manner
that nearby areas of population are not bypassed in favor of more distant populations.4
The council cannot adopt council district boundaries for the purpose of favoring or discriminating
against a political party.5
During the redistricting process, the Act requires that the City take certain steps to encourage
residents, including those in underrepresented communities and non-English speaking
communities, to participate in the redistricting process. The California Secretary of State (SOS)6,
based on census results, has determined the City of Rohnert Park will need to disseminate
information in Spanish.
Public Hearings
For redistricting, the City must hold at least four public hearings at which the public is invited to
provide input regarding the composition of council districts before adopting a final map.7 These
hearings must include:
3 Elections Code § 21601; citing 52 U.S.C. Sec. 10301 et seq.
4 Elections Code § 21601(c)
5 Elections Code § 21601(d)
6 https://www.sos.ca.gov/elections/helpful-resources/redistricting
7 Elections Code § 21607.1(a).
ITEM NO. 8.C.
(1) At least one public hearing before the City draws a draft map or maps of the proposed
council boundaries.
(2) At least two public hearings after the City has drawn a draft map or maps of the proposed
council boundaries.
(3) At least one public hearing or public workshop held on a Saturday, Sunday, or after 6 p.m.
on a weekday at a public hearing building that is ADA accessible.8
Below is the schedule for hearings for the redistricting process, which reflects both hearings which
have already occurred and those currently scheduled but which may change, as necessary.
Time Location Meeting Type
Tuesday, October 26,
2021 6:30 p.m.
City Hall
Council
Chambers
(130 Avram
Avenue)
First Public Hearing
Held prior to the release of draft maps.
Identify "neighborhoods," "communities of
interest," and "secondary areas."
Mapping tools overview
Saturday, December 4,
2021
10:00
a.m.
Community
Center
(5401 Snyder
Lane)
Coffee Beans and District Dreams
Community Workshop
Tuesday, January 11, 2022 6:30 p.m.
City Hall
Council
Chambers
(130 Avram
Avenue)
Second Public Hearing
Held prior to the release of draft maps.
Identify "neighborhoods," "communities of
interest," and "secondary areas."
Release of Draft Maps Due By February 1, 2022
Tuesday, February 8, 2022 6:30 p.m.
City Hall
Council
Chambers
(130 Avram
Avenue)
Third Public Hearing
Discuss and revise draft maps.
Discuss election sequencing.
Identify focus maps.
Tuesday, March 8, 2022 6:30 p.m.
City Hall
Council
Chambers
(130 Avram
Avenue)
Fourth Public Hearing
Identify preferred map.
Adopt map.
Sunday, April 17, 2022 Deadline to adopt map.
The City conducted the first two public hearings on October 26, 2021 and January 11, 2022 to
discuss the redistricting process, communities of interest and ways in which the public could
submit draft maps for consideration. On January 11, 2022 the Council also introduced Ordinance
No. 957, which amends Chapter 2.66 to add a new RPMC section 2.66.025 to reflect that the City
8 Id.
ITEM NO. 8.C.
Council will adopt the district map through a resolution for elections in November, 2022 and City
Council elections thereafter. Ordinance No. 957 was adopted by the Council on January 25, 2022.
In addition to the two public hearings, staff also held a community event on Saturday, December 4,
2021, “Coffee Beans and District Dreams” community workshop. At that event, the City’s
demographer Mr. Michael Wagaman, provided information on the online map-drawing tools and
led attendees through the process drawing your own map with district boundaries.
DISCUSSION
In preparation for this third public hearing, a deadline of January 25, 2022 was established for
submission of draft maps, or sometimes referred to as plans, to the City to allow Mr. Michael
Wagaman adequate time to review and to meet the statutory requirements for publication of the
draft maps at least seven days before the hearing.9 The City received a total of nineteen publicly
submitted draft maps and Mr. Wagaman prepared six draft maps for a total of twenty-five draft
redistricting maps. Of the nineteen publicly submitted maps, seventeen were submitted
electronically using the DistrictR tool on the City’s redistricting webpage and two were submitted
in paper form.
All of the publicly submitted maps were assigned a number for identification. For publicly
submitted maps that were submitted through the online tool, the unique DistrictR ID is also
included as a way to reference the map. The plans prepared by Mr. Wagaman were assigned a
color so that they can easily be distinguished from the publicly submitted maps. All of the draft
maps were posted to the City’s website on January 27, 2022 (12 days prior to the February 8, 2022
hearing).
After reviewing the publicly submitted maps, Mr. Wagaman identified five maps, Map 5 (82493),
12 (96551), 14 (97758), 15 (98524), 17 (104354), that had deviations greater than 10%, unassigned
blocks, or non-contiguous districts and thus would require further review and revision before they
could be adopted by the Council.10 At the third hearing, the public will have the opportunity to
comment on all of the draft maps. The Council will also have the opportunity to review, discuss
and revise the draft maps and provide direction on the district boundaries contained in the draft
maps.
The City continues to conduct outreach, which began in September 2021, aimed at reaching across
the entire Rohnert Park community to engage the public about the current redistricting effort. The
City retained the services of Tripepi Smith, a consultant experienced in helping local governments
execute community education and outreach initiatives for district formation and redistricting
processes. Tripepi Smith is assisting the City in conducting outreach in English and Spanish
through press releases, flyers, social media posts, the City newsletter, and email.
Outreach and engagement efforts have included:
9 Elections Code section 21608(d)(1).
10 See Draft Map Plan Review found at:
https://p1cdn4static.civiclive.com/UserFiles/Servers/Server_3037789/File/City%20Clerk/City%20Elections/Redistricti
ng%202021/Rohnert%20Plan%20Review%20020822%20v1c.pdf.
ITEM NO. 8.C.
• Dedicated webpage for the redistricting process: www.rpcity.org/redistricting
• Emails to Redistricting Newsletter website subscribers
• Social media content
o Posted weekly in English & Spanish
o Two boosted posts to date, reaching 5,077
• Direct phone/email outreach
o More than 80 community groups
• Two press releases
o Including flyers in English & Spanish outlining process
• Community Workshop (Dec. 4)
o 21 community participants
• Public Submissions (as of Jan. 25 Deadline)
o 19 Redistricting Plans
o 10 Communities of Interest
In addition to the public engagement process described above, the City also noticed each public
hearing on the City’s Adjudicated Newspaper, The Community Voice in both English and Spanish.
The City has also posted each bilingual notice in the City’s website and at City Hall, Department
of Public Safety, Community Center, Senior Center and the Sonoma County Library. City also
made informational flyers, in both English and Spanish, available throughout City’s facilities.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
The recommended option is consistent with Strategic Plan GOAL C: Ensure the effective delivery
of public services.
OPTIONS CONSIDERED:
Recommended option:
Conduct the third public hearing to receive input from the public on draft maps. Review, discuss
and revise draft maps and provide direction on district boundaries.
No other option was considered, as this action is required by law.
FISCAL IMPACT/FUNDING SOURCE:
The fiscal impact to the City for the redistricting process currently is $67,317.50. This amount is
for the services of Wagaman Strategies and Tripepi Smith. Staff has budgeted for consultant
expenses in the General Fund of FY20-21. Additional costs may occur for printing and ad costs
and if additional public hearings are needed.
Senior Code Compliance Officer Approval Date: N/A
Department Head Approval Date: N/A
City Manager Approval Date: 2/2/2022
Finance Director Approval Date: N/A
City Attorney Approval Date: 1/31/2022
ITEM NO. 8.C.
Attachment: Draft Maps
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%38,544 -3.9% 5,362 15.0% 7.0% 2.7% 74.2%49,172 +3.1% 7,918 13.7% 5.5% 0.5% 77.4%58,710 -2.1% 5,786 24.7% 2.2% 2.2% 67.9%Total44,465 8.5% 31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Plan Blue Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%38,544 -3.9% 5,362 15.0% 7.0% 2.7% 74.2%48,564 -3.7% 7,184 17.7% 4.3% 0.8% 74.2%59,318 +4.8% 6,520 19.0% 3.9% 1.7% 72.4%Total44,465 8.7% 31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Plan Purple Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%38,634 -2.9% 5,647 17.2% 8.2% 2.5% 70.7%48,609 -3.2% 7,425 14.1% 5.1% 0.5% 77.0%59,183 +3.3% 5,994 21.6% 1.6% 2.1% 72.1%Total44,465 7.7% 31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Plan RedPreparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,241 +3.9% 6,085 24.1% 5.9% 1.5% 66.7%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,497 -4.5% 5,317 16.9% 7.0% 2.4% 71.8%49,190 +3.3% 7,881 15.4% 5.1% 1.3% 75.3%58,747 -1.6% 5,921 20.6% 1.4% 1.1% 73.9%Total44,465 8.4% 31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Plan Orange Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,860 -0.4% 6,030 23.9% 4.2% 1.2% 69.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%39,208 +3.5% 5,754 15.1% 7.0% 2.6% 74.8%49,172 +3.1% 7,918 13.7% 5.5% 0.5% 77.4%58,435 -5.2% 5,502 25.7% 2.3% 2.3% 65.0%Total44,465 8.7% 31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Plan Yellow Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,844 -0.6% 5,150 31.3% 3.5% 1.6% 60.0%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%39,271 +4.3% 6,734 16.1% 5.5% 2.2% 76.1%48,846 -0.5% 7,645 13.3% 4.9% 0.5% 78.1%58,761 -1.5% 5,707 19.2% 5.2% 2.1% 70.1%Total44,465 5.9% 31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Plan Green Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,566 -3.7% 6,245 20.4% 7.2% 2.2% 69.5%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,617 -3.1% 5,924 10.9% 5.5% 1.2% 77.8%49,186 +3.3% 7,423 19.3% 4.1% 1.6% 71.8%59,306 +4.6% 5,612 26.0% 2.4% 1.1% 69.5%Total44,465 8.3% 31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 1 DistrictR ID: 79230Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,566 -3.7% 6,245 20.4% 7.2% 2.2% 69.5%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,617 -3.1% 5,924 10.9% 5.5% 1.2% 77.8%49,186 +3.3% 7,423 19.3% 4.1% 1.6% 71.8%59,306 +4.6% 5,612 26.0% 2.4% 1.1% 69.5%Total44,4658.3%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 2DistrictR ID: 79294Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,933 +0.4% 6,464 17.9% 6.3% 3.0% 69.1%48,732 -1.8% 6,775 13.5% 5.8% 0.5% 77.5%58,714 -2.0% 5,795 21.3% 2.2% 1.4% 74.6%Total44,4656.5%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 3DistrictR ID: 79323Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,497 -4.5% 5,330 15.0% 6.9% 2.7% 74.7%49,096 +2.3% 8,162 17.0% 4.9% 0.7% 74.3%58,786 -1.2% 5,542 20.3% 2.9% 2.0% 72.0%Total44,4659.0%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 4DistrictR ID: 82491Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,241 +3.9% 6,085 24.1% 5.9% 1.5% 66.7%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%38,581 -3.5% 5,148 14.7% 6.2% 2.3% 72.8%49,096 +2.3% 8,162 17.0% 4.9% 0.7% 74.3%58,757 -1.5% 5,809 20.6% 2.4% 2.1% 74.2%Total44,4657.4%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 5DistrictR ID: 82493 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,497 -4.5% 5,330 15.0% 6.9% 2.7% 74.7%49,211 +3.6% 7,940 13.7% 5.5% 0.5% 77.2%58,671 -2.5% 5,764 24.7% 2.2% 2.2% 68.1%Total44,4659.0%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 6DistrictR ID: 82496 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,759 -1.5% 6,056 17.7% 5.7% 2.4% 73.7%48,696 -2.2% 6,755 13.5% 5.8% 0.5% 77.6%58,924 +0.3% 6,223 21.3% 3.1% 2.1% 69.5%Total44,4656.7%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 7DistrictR ID: 82503 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,822 -0.8% 5,593 15.4% 7.4% 2.5% 72.0%48,974 +0.9% 7,189 16.1% 4.3% 1.2% 76.8%58,583 -3.5% 6,252 20.6% 3.3% 1.3% 71.8%Total44,4658.0%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 8DistrictR ID: 82515 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,658 -2.6% 5,664 17.1% 8.1% 2.5% 71.1%48,450 -5.0% 7,335 14.1% 5.2% 0.5% 76.9%59,271 +4.3% 6,035 21.6% 1.5% 2.1% 72.3%Total44,4659.5%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 9DistrictR ID: 83020 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%38,869 -0.3% 5,625 15.4% 7.5% 2.5% 71.6%48,913 +0.2% 7,703 13.7% 4.9% 0.5% 77.8%58,644 -2.8% 5,738 24.3% 2.5% 2.2% 70.0%Total44,4657.3%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 10DistrictR ID: 83027 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%38,544 -3.9% 5,362 15.0% 7.0% 2.7% 74.2%49,105 +2.4% 7,860 13.3% 5.5% 0.4% 77.6%58,777 -1.3% 5,844 25.1% 2.2% 2.2% 67.6%Total44,4658.5%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 11DistrictR ID: 86552 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White110,409 +17.0% 7,625 18.6% 8.0% 2.1% 69.1%28,703 -2.1% 5,230 18.4% 8.6% 5.3% 72.2%38,089 -9.0% 5,225 19.2% 3.9% 1.3% 73.4%49,130 +2.7% 8,190 17.1% 4.8% 0.6% 74.1%57,866 -11.5% 5,114 22.1% 2.2% 2.1% 71.4%Total44,46528.6%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 12DistrictR ID: 96551 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,743 -1.7% 6,375 17.6% 9.1% 4.3% 71.6%38,544 -3.9% 5,362 15.0% 7.0% 2.7% 74.2%49,172 +3.1% 7,918 13.7% 5.5% 0.5% 77.4%58,710 -2.1% 5,786 24.7% 2.2% 2.2% 67.9%Total44,4658.5%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 13DistrictR ID: 97524 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,468 -4.8% 5,805 19.2% 5.8% 1.8% 70.5%29,009 +1.3% 6,014 16.4% 10.7% 4.6% 67.1%39,164 +3.0% 6,946 17.9% 4.8% 1.2% 73.0%49,132 +2.7% 7,368 18.7% 4.1% 1.6% 72.2%58,164 -8.2% 5,068 22.4% 3.5% 1.5% 77.0%Total44,46511.2%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 14DistrictR ID: 97758 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,715 -2.0% 6,074 18.5% 4.4% 1.3% 74.3%29,009 +1.3% 6,014 16.4% 10.7% 4.6% 67.1%38,449 -5.0% 6,481 18.2% 5.0% 1.3% 71.9%49,132 +2.7% 7,368 18.7% 4.1% 1.6% 72.2%59,007 +1.3% 5,561 21.8% 4.8% 1.9% 75.5%Total44,4657.7%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 15DistrictR ID: 98524 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,497 -4.5% 5,330 15.0% 6.9% 2.7% 74.7%49,211 +3.6% 7,940 13.7% 5.5% 0.5% 77.2%58,671 -2.5% 5,764 24.7% 2.2% 2.2% 68.1%Total44,4659.0%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 16DistrictR ID: 101050 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,214 -7.6% 5,556 18.6% 5.7% 1.9% 71.1%29,751 +9.6% 6,340 16.1% 10.3% 4.5% 72.8%38,887 -0.1% 7,509 15.8% 6.0% 1.2% 74.2%47,849 -11.7% 6,319 19.0% 3.6% 1.8% 72.3%59,306 +4.6% 5,612 26.0% 2.4% 1.1% 69.5%Total44,46521.4%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 17DistrictR ID: 104354 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White18,489 -4.5% 7,696 17.5% 5.2% 0.7% 73.5%29,139 +2.8% 5,603 12.7% 5.4% 1.7% 77.1%38,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%49,319 +4.8% 6,479 22.3% 6.3% 2.3% 68.4%58,728 -1.9% 5,426 24.1% 2.0% 1.7% 69.8%Total44,4659.3%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 18 Preparedby
Statistics unavailable for some districts due to split census blocks^ 2020 Census Redistricting Data. Adjusted for incarcerated populations+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02#Population^Citizen Voting Age Population+Total Deviation Total Latino*Asian*Black*NH-White19,296 +4.5% 6,170 24.2% 4.6% 1.3% 67.3%28,790 -1.2% 6,407 17.6% 9.2% 4.3% 71.3%38,497 -4.5% 5,330 15.0% 6.9% 2.7% 74.7%49,211 +3.6% 7,940 13.7% 5.5% 0.5% 77.2%58,671 -2.5% 5,764 24.7% 2.2% 2.2% 68.1%Total44,4659.0%31,611 18.8% 5.7% 3.1% 72.0%Ideal8,893Public Plan 19Preparedby
City of Rohnert Park Redistricting
Outreach
February 8, 2022
Forms of Conducted Outreach
•Weekly bilingual social media posts shared to 4 platforms
–27,329 total reach/impressions
–884 engagements (>3.2% engagement rate)
•2 paid boosted posts on Facebook
•2 bilingual press releases
•Community outreach via email & email
–Called over 80 community groups
–Email updates to redistricting newsletter subscribers
•Community Workshop on Dec. 4 –21 participants
•Webpage (www.rpcity.org/redistricting)
Website Analytics
•2,480 Users
•2,258 Unique Pageviews
•1:56 Average Session Duration
•Top Pages
–Draw a Map (>14%)
–Calendar (>12%)
–Draft Maps (>12%)
–FAQs (>7.5%)
Questions?
1 1
2
Timeline
2
Hearing Purpose Date
1 •Education
•Public input
October 26
2 •Public input
•Initial direction
January 11
3 •Review plans (public & draft)
•Provide additional direction
February 8
4 •Review or further revise plans
•Select final plan
March 8
3
Criteria
In order of priority:
•Equal Population
•Federal Law
•Contiguous
•Neighborhoods & communities of interest
•Understandable boundaries
•Compactness
3
4
Plans
Draft Plans
•Blue Plan
•Purple Plan
•Red Plan
•Orange Plan
•Yellow Plan
•Green Plan
Public Plans
•19 plans submitted
•17 online
•2 paper
4
5
Resources
5
Webpage
•www.rpcity.org/redistricting
•Will be maintained for ten years
Email Contact
•redistricting@rpcity.org
5
6
Actions Requested
•Conduct public hearing to receive input on draft and
public plans.
•Provide direction to demographer on potential
revisions.
6