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2022/09/27 City Council Agenda Packet"We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETIN G AND CITY OF ROHNERT PARK FOUNDATION SPECIAL MEETING Tuesday, September 27, 2022 Open Session: 5:00 PM MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California PUBLIC PARTICIPATION: The Rohnert Park City Council welcomes your attendance, interest and participation at its regular meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chambers. The use of a mask or facial covering when attending the council meeting is strongly recommended, regardless of vaccination status. Members of the public are encouraged to observe the meeting on Cable Channel 26 or by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance with a maximum allowance of 30 minutes allotted per comment period, with time limits subject to modification by the City Council in accordance with the adopted City Council Protocols). Please fill out a speaker card prior to speaking. Members of the public may also provide advanced comments by email at publiccomment@rpcity.org Comments are requested by 3:00 p.m. on the day of the meeting, but can be emailed until the close of the Agenda Item for which the comment is submitted. Email comments must identify the Agenda Item Number in the subject line of the email. 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). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING/FOUNDATION SPECIAL MEETING - CALL TO ORDER/ROLL CALL (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) 2.PLEDGE OF ALLEGIANCE 3.PRESENTATIONS 3.A Mayor's Proclamation: Proclaiming October 2022 as Filipino American History Month Item 3.A. 3.B Mayor's Proclamation: Proclaiming October 2022 Dyslexia Awareness Month Item 3.B. 4.DEPARTMENT HEAD BRIEFINGS 4.A . Item 4 Supplemental 5.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 6.FOUNDATION BOARD AND CITY COUNCIL 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, and/or the City of Rohnert Park Park Foundation whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. Council Motion/Roll Call Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) 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: The Rohnert Park City Council adopted ten strategic priorities for 2022 (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 j.Memorable community experiences for all 6.A Acceptance of Reports from Finance Department: City Bills Demands for Payment dated September 7 through September 22, 2022 6.B Waive Second Reading of and Adopt Ordinance No. 970, An Ordinance of the City Council of the City of Rohnert Park Amending Section 9.41.030 and 9.41.040 of the Rohnert Park Municipal Code to Enact Additional Provisions Regarding Camping on Public Property Item 6.B. 6.C Adopt Resolution 2022-097 Amending Appendix A: Designated Positions of the City of Rohnert Park Conflict of Interest Code Item 6.C. 6.D 1. Adopt Resolution 2022-098 Amending the FY 2022-23 Capital Improvement Plan (CIP) Budget to Add Autonomous Fire Watch System Project (CIP2304) with a Project Budget of $226,783.40, Funded by $152,837.25 in Hazard Mitigation Grant Program Funds and $73,946.15 from the Infrastructure Reserve Fund 2. Adopt Resolution 2022-099 Designating Authorized Agents for Disaster Financial Assistance and Grant Programs Administered by the State of California Governor's Office of Emergency Services (CalOES) Item 6.D. 6.E Authorize the Assistant City Manager to Execute a Consultant Services Agreement with Websoft Developers, Inc., in the amount of $118,800 for the Mobile Maintenance Management Software (MobileMMS) Program Implementation Item 6.E. 6.F Adopt City of Rohnert Park Foundation Resolution 2022-003 to Authorize the Rohnert Park Foundation to Appropriate $56,172.48 for the Fireworks Replacement Funding Grant Program Item 6.F. 6.G Approval of Minutes for: 6.G.1. City Council/RPFA/Successor Agency Joint Regular Meeting, September 13, 2022 6.G.2. City Council/RPFA/Successor Agency Joint Special Meeting, September 13, 2022 Revised 6.G.1. City Council/RPFA/Successor Agency Joint Regular Meeting, September 13, 2022 7.REGULAR ITEMS 7.A Consider Adopting a Resolution Authorizing a Budget Amendment for Expenses to Address Impacts of Homelessness and Discussion and Direction to Staff Regarding Options for Rohnert Park Department of Public Safety Temporary Satellite Office A. Staff Report B. Public Comments C. Resolution for Adoption: 2022-100 Amending the FY 2022-23 Budget to Appropriate $155,000 to Fund Officer Overtime, Vehicle Support to the COPS Sergeant, and Fence Hardening to Respond to Homelessness D. Council Motion/Vote (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) Item 7.A. Item 7.A. PowerPoint Presentation Item 7.A. Supplemental 7.B PUBLIC HEARING: Adopt a Resolution Approving Associate Membership in California Enterprise Development Authority (“CEDA”) and Form of Associate Membership Agreement, Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing for Issuance of $7,000,000 of CEDA Tax-exempt Conduit Obligations for the Benefit of United Cerebral Palsy of the North Bay, Inc. (“UCPNB”), and Adopt Resolution Approving the Issuance of Tax-exempt Conduit Obligations for Benefit of UCPNB A. Staff Report B. Conduct Public Hearing C. Resolutions for Adoption: 1. Resolution 2022-101 Approving Associate Membership by the City of Rohnert Park in the California Enterprise Development Authority and the Execution of an Associate Membership Agreement Relating to Associate Membership of the City in the Authority D. Council Motion/Vote (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) 2. Resolution 2022-102 Approving the Issuance by the California Enterprise Development Authority of not to Exceed $7,000,000 Aggregate Principal Amount of the California Enterprise Development Authority’s Revenue Obligations for the Purpose of Financing, Refinancing and/or Reimbursing the Cost of Acquisition, Construction, Installation, Equipping And Furnishing of Certain Facilities for the Benefit of United Cerebral Palsy of the North Bay, Inc. and Other Related Matters E. Council Motion/Vote (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) Item 7.B. Item 7.B. PowerPoint Presentation 7.C Update Financial Crisis Response Plan City Council Policy Number 2.01.012 A. Staff Report B. Public Comments E. Council Motion/Vote (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) Item 7.C. Item 7.C. PowerPoint Presentation 8.COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. 8.A Standing Committee Reports: 8.B Liaison Reports: 1. Chamber of Commerce Board of Directors (9/20) (Rodriguez/Stafford) 8.C Outside Agency Appointment Reports: 8.D Other Reports: 1. Association of Bay Area Government (ABAG) Executive Board (9/15) (Hollingsworth- Adams) 2. Golden Gate Bridge, Highway & Transportation District Board of Directors (9/23) (Giudice) 9.COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 10.MATTERS FROM/FOR COUNCIL Any member of the City Council may place an Item on “Matters from/for Council” before the City Council meeting by providing the City Manager with the title of the item before the agenda is published. The purpose of the City Council discussion on such item will be to determine whether it will be placed on a subsequent agenda for deliberation and action. A concurrence of two Councilmembers will be sufficient to add the item on a subsequent agenda. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 11.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 12.ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, please refer to page 1 for more details on submitting a public comment. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. AGENDA REPORTS & DOCUMENTS: 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 jcannon@rpcity.org or by calling 707-588-2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources CERTIFICATION OF POSTING OF AGENDA I, _________________________, ____________________, for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on ______________ ______, _________, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org. Executed this _____ day of ________________, _________ at Rohnert Park, California. _____________________________ Office of the City Clerk A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK Proclaiming O CTOBER 2022 AS F ILIPINO A MERICAN H ISTORY M ONTH Whereas, the celebration of Filipino American History Month in October commemorates the first recorded presence of Filipinos in the continental United States, which occurred on October 18, 1587; and Whereas, Filipino-Americans are one of the largest immigrant groups in the United States. Their contributions are exemplary and why their achievements are recognized throughout this month; and Whereas, the year 2022 marks several anniversaries in Filipino American History; and Whereas, 50 years ago, the first Filipino American Studies (FAS) classes were taught across multiple college-level institutions and more recently, in K-12 public schools; and Whereas, 40 years ago, the oldest national Filipino American organization, Filipino American National Historical Society (FANHS) was founded and is the only national group committed to promoting and preserving Filipino American history; and Whereas, 30 years ago, was the first time that Filipino American History Month (FAHM) was celebrated in the United States and has since been celebrated annually; and Whereas, we recognize how Filipino Americans have initiated efforts to ensure Filipino voices are heard, experiences are recognized, and histories are told. Now, Therefore, be it Proclaimed that I, Jackie Elward, as Mayor and on behalf of the City Council, do hereby proclaim October 2022 as Filipino American History Month. I encourage everyone to celebrate the history of Filipino Americans and appreciate their contributions to our community and to the history of our City, State and Country. Duly and Regularly Proclaimed on this 27th day of September 2022. CITY OF ROHNERT PARK Jackie Elward, MAYOR Item 3.A. A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK Proclaiming O CTOBER 2022 AS D YSLEXIA A WARENESS M ONTH Whereas, dyslexia is a common language-based learning disability, sometimes referred to as a reading disability, that affects the ability to read, spell, write, and speak and is not due to either lack of intelligence or desire to learn; and Whereas, dyslexia is a lifelong condition affecting as much as 15-20 percent of the population or 1 in 5 children in every classroom who struggle with reading and writing; and Whereas, public awareness, early identification, appropriate intervention and other support services can create robust futures for children and adults with dyslexia; and Whereas, all citizens are urged to offer support to those affected by dyslexia and recognize the dedicated efforts of those who are working to raise awareness and understanding to initiate early assessment and intervention to achieve the best outcomes. Now, Therefore, be it Proclaimed that I, Jackie Elward, as Mayor and on behalf of the City Council, do hereby proclaim October 2022 as Dyslexia Awareness Month. I encourage all residents to join in recognizing the importance of early diagnosis and intervention and in celebrating the accomplishments of those living with dyslexia.. Duly and Regularly Proclaimed on this 27th day of September 2022. CITY OF ROHNERT PARK Jackie Elward, MAYOR Item 3.B. Item 6.A. ITEM NO. 6.B. 1 Meeting Date: September 27, 2022 Department Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Waive Second Reading of and Adopt Ordinance No. 970 Amending Section 9.41.030 and 9.41.040 of the Rohnert Park Municipal Code to Enact Additional Provisions Regarding Camping on Public Property RECOMMENDED ACTION: Waive Second Reading of and Adopt an Ordinance amending Section 9.41.030 of the Rohnert Park Municipal Code to enact additional provisions regarding camping on public property. BACKGROUND: Homelessness is one of the more complex issues facing the jurisdictions in Sonoma County including the County itself, Rohnert Park and other cities. As Council is aware, homelessness was the most-often cited issue of concern among residents in this year’s community survey. The only permanent solution to homelessness is housing – often paired with supportive services. In January 2021, the City Council identified services for the unhoused as a priority issue. In December 2021, the City was awarded a $14.6 million Homekey grant from the Department of Housing and Community Development (HCD) to construct a 60-unit supportive interim housing project. This project, known as Labath Landing, is currently under construction and expected to be ready for occupancy in late October 2022. In Fiscal Year 2022-23, the City Council committed nearly $3 million for homeless services. This includes funds for homeless outreach and permanent housing programs as well as operation of Labath Landing. Additionally, the City is working with the local Continuum of Care (a federally-mandated, local decision-making body) to secure funding for and advance the construction and operation of permanent housing projects. In Sonoma County today, there is sufficient shelter capacity for approximately one third of the homeless population, and a shortage of at least 1,000 permanent supportive housing units. Between projects underway in Rohnert Park, Petaluma, Healdsburg and Santa Rosa, there are 270 interim and permanent supportive housing units in development. When completed, these projects will make a meaningful contribution to the supportive housing stock in the region. However, until these projects and more like them come on-line, Rohnert Park and the other jurisdictions in the County are managing homeless encampments under a complex and overlapping system of state and federal law and guidance. Historically, most jurisdictions in Sonoma County, including Rohnert Park, simply banned camping on public and private property, except in designated “campgrounds.” As the Council is aware, the 2018 decision by U.S. Court of Appeals for the Ninth Circuit in Martin v. Boise (the “Boise Decision”) held that cities cannot criminally enforce city-wide camping restrictions on public property if they do not have enough shelter beds available for the homeless population. In 2020, the COVID-19 pandemic Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.B. 2 further complicated local governments’ short-term options for responding to homeless encampments, as the Centers for Disease Control (CDC) and California Department of Public Health (CDPH) issued guidance documents indicating that homeless persons should be allowed to remain in place during the pandemic unless they could be provided adequate shelter. This guidance, as well as a variety of “shelter-in-place” orders, discouraged the disruption of homeless encampments. These developments, coupled with the lack of shelter and permanent housing in the County, has constrained the ability of many jurisdictions to address encampments. While introducing a number of constraints, neither the Boise Decision nor the various health orders prohibit the City from taking actions to remove encampments that pose immediate health and safety issues or from clearing encampments when adequate shelter can be provided. The City may also enforce generally applicable laws regarding criminal conduct in homeless encampments. As such, the City has been actively working to support housing and manage and mitigate the impacts of encampments. Since 2019, the City has: • Formed an inter-departmental staff working group to promote coordination between public safety, public works, code enforcement and housing staff on encampment issues; • Convened and facilitated the community-based Homelessness Roundtable; • Invested over $4.3 million in contracts with homeless service providers to help ensure unsheltered residents have access to services and housing; • Secured permanent and interim shelter for over 120 individuals; • Cleared over 80 encampments; • Dedicated its Community Oriented Problem Solving (COPS) team half time to issues related to encampments; • Posted and enforced prohibitions related to being in City parks overnight; • Adopted and enforced an ordinance prohibiting camping near City wellheads; • Increased staffing and worked to enhance enforcement at the Roberts Lake Road encampment; and • Adopted changes to the City’s camping ordinance that generally prohibit camping on public streets, sidewalks and bike paths or in a manner that blocks access and that establishes behavioral standards for individuals that are camping on public property because of lack of shelter. While encampment locations are dynamic, at this writing, the City is managing two small established encampments in the Hinebaugh Creek corridor and a large encampment located at the Robert’s Lake Park and Ride. Based on recent census effort, staff estimates that the total population of these encampments is around 120 residents. ANALYSIS: Even with the significant investment and effort, staff and service providers observe health and safety issues in and around encampments including accumulation of waste, including hazardous and bio-hazardous waste, unsafe structures, limitations to accessibility, storage of hazardous and flammable materials, unsafe electrical connections, unpermitted tapping into the recycled water system, open fires, and vandalism. Camping on public lands outside of areas specifically designated for camping creates health and safety risks, not only for persons engaged in the camping but also for all persons encountering the sometimes unsanitary and disorderly environment in burgeoning, makeshift camps. Further, camping may interfere with the intended purposes of public areas, obstruct public rights-of-way, and violate state and federal regulations that require protection of water quality resources and clear paths of travel. Finally, in addition to general health and safety risks outlined ITEM NO. 6.B. 3 above, Public Safety data indicates criminal behavior including illegal drug use, prostitution and violence does occur with some frequency in the encampment environment. Evidence of the general disturbance and risks created by encampments is the fact that the City’s Public Safety Department has documented a nearly threefold increase in officer-initiated calls for service in the Roberts Lake Road area. As noted above, the only real solution to homelessness is housing, often paired with supportive services. The City’s Labath Landing project provides housing in the form of 60 individual shelter units, several of which can accommodate double occupancy for couples. The Labath Landing project is an interim supportive housing project which is intended to stabilize and prepare homeless adults to transition into appropriate permanent housing. The City’s operational partner estimates that the project’s 60 shelter units will serve 80 to 120 people per year as residents move from homelessness through interim housing to permanent housing. This provides the City with a significant shelter resource and an accompanying reduction in the need for camping on public property, with all the attendant public health, safety and legal compliance issues. Because of the new shelter resources, City staff believe that it is appropriate to enact additional regulations to foster safe conditions with respect to use of public spaces. Staff recommend that the City restrict camping at the most inappropriate locations that are likely to cause damage to environmental resources, such as creek protection zones, or those that are likely to cause the most concerns for the community such as schools, daycare facilities, and libraries. In order to do this, staff is proposing to modify the City’s camping regulations to prohibit camping in the following specific areas: 1. Within any creek protection zone as defined in Section 17.12.060 of this code 1. 2. Within 1,500 feet of a school, large or small daycare facility or library. 3. Within 1000 feet of a designated facility, opened after November 13, 2018 2, that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center. The ordinance would authorize the City Council to restrict camping in specific locations on public property by resolution in the future, which would be enforced upon the posting of adequate signage. This flexibility will allow the Council to prohibit encampments at particular locations in the future if they pose specific safety risks — a similar approach has been taken by the City of Los Angeles. The ordinance authorizes the City Manager to establish administrative regulations, including but not limited to site management plans, standard requirements, procedures and forms to ensure that encampments on city-owned parcels are managed to protect public health and safety. Finally, the ordinance replaces the recently adopted section 9.41.040 – Penalties and Violations to more closely track section 1.16.010 of the municipal code with respect to enforcing violations as either misdemeanors or infractions. This helps clarify the enforcement discretion that is available to responding officers. Staff recommends that these code revisions be implemented because shelter is becoming available, allowing the City to better regulate against uniquely challenging health and safety risks, as explained below. 1 Creek protection zones extend 20-feet to 50-feet beyond the top of bank based depending on how the creeks are designated in the General Plan. 2 The City adopted Resolution 2018-148 Declaring a Shelter Crisis Pursuant to SB 850 on November 13, 2018. ITEM NO. 6.B. 4 1. The City’s creek corridor resources are protected by a variety of state and federal laws focused on the protection of water quality and biological resources. The waste accumulation associated with encampments in creek corridors can violate these laws and jeopardize public health and safety by contributing to water quality degradation. The importance of water quality protection, as a critical piece of overall health and safety protection, is emphasized by the fact that the City is subject to a National Pollutant Discharge Elimination System (NPDES) Permit which requires it to control trash and biological loading to creeks and waterways. In addition, the City’s creek corridors serve as flood protection channels and carry large volumes of fast-moving water during winter storms. Camping in the creek corridors subjects campers themselves to health and safety risks associated with flooding, which can include death by drowning. With additional shelter resources available, prohibiting camping in the City’s creek corridors is one of the most important things that the City can do to further minimize public health and safety risks associated with encampments. 2. Safe schools, daycares and libraries are important learning resources for children and youth in the City. According to the National Center for Safe Supportive Learning Environments, school safety is defined as schools and school-related activities where students are safe from violence, bullying and harassment, and the influence of substance use. Safe schools promote the protection of all students from violence, exposure to weapons and threats, theft, bullying and harassment, the sale or use of illegal substances 3. School safety is linked to improved student and school outcomes and students who are victims of physical or emotional harassment or who are involved in the sale or use of illegal substances on school grounds are at risk for poor attendance, course failure and school dropout. The unsanitary and disorderly environment associated with encampments is not consistent with the definition of school safety – police service calls in response to criminal activity have already occurred in encampments within the City, documenting incidents of drug use, drug sales, prostitution and violence. Such activity would be particularly problematic if occurring in proximity to schools, daycares or other learning resources focused on children and youth. With additional shelter resources available, prohibiting camping on public property proximate to schools, daycares and libraries will minimize public health and safety risks associated with encampments. 3. Homeless shelters, safe sleeping and parking and navigation services are a critical part of breaking the cycle of homeless. These typically service-rich, supportive environments assist in preparing individuals experiencing homelessness for permanent housing. It is well-documented that personal vulnerabilities such as mental and substance use disorders, trauma and violence, can exacerbate an individual’s vulnerability for homelessness.4 It has also been well- documented that providing supportive housing on a housing first basis is effective for people 3 https://safesupportivelearning.ed.gov/topic-research/safety, 08/24/22 4 https://www.samhsa.gov/homelessness-programs-resources/hpr-resources/housing-shelter. 08/24/22 ITEM NO. 6.B. 5 experiencing chronic homelessness, including those experiencing co-occurring mental and substance use disorders. 5 The unsanitary and disorderly environment associated with encampments is not consistent with supportive, service-rich environment that defines supportive housing; the types of activities that have been documented in encampments can exacerbate the personal vulnerabilities that led to individuals’ homelessness. With additional shelter resources available, prohibiting camping on public property proximate to facilities that provide shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center, will minimize public health and safety risks associated with encampments, and encourage the success of public programs that provide services to the unhoused. ENVIRONMENTAL REVIEW: This ordinance is exempt from review under the California Environmental Quality Action (CEQA) under the “common sense” exemption because it does not involve the construction or alteration of facilities and has no potential for resulting in direct or indirect significant effect on the environment, as described in CEQA Guidelines section 15061(b)(3). In the alternative, the proposed regulations are intended to regulate and limit the secondary impacts associated with unhoused persons living in locations likely to cause damage to environmental resources, and to prohibit discharges of untreated wastewater and other pollutants, and is therefore exempt under CEQA Guidelines section 15307 as an action to protect natural resources and under CEQA Guidelines section 15308 as an action for protection of the environment. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This item is consistent with Strategic Plan Goal C – Ensure Effective Delivery of Public Services. It is also consistent with the Council’s strategic priority to provide services to the City’s homeless population. OPTIONS CONSIDERED: None. This ordinance has been introduced and is recommended for adoption. FISCAL IMPACT/FUNDING SOURCE: There is no immediate fiscal impact associated with the proposed ordinance. The ordinance will provide additional management tools for the public safety, code enforcement and housing staff working on the issues related to unsheltered residents in the City. Code Compliance Approval Date: NA Department Head Approval Date: NA Finance Director Approval Date: N/A City Attorney Approval Date: NA Assistant City Manager Approval Date: N/A Attachments: 5 Collaborative Initiative to End Chronic Homelessness, HUD/HHS/VA Collaborative Initiative to Help End Chronic Homelessness National Performance Outcomes Assessment Preliminary Client Outcomes Report February 26, 2007 Alvin S. Mares, Ph.D., M.S.W. Project Director, VA Northeast Program Evaluation Center Robert A. Rosenheck, M.D. Director, VA Northeast Program Evaluation Center Northeast Program Evaluation Center (NEPEC) VA Connecticut Healthcare System 950 Campbell Avenue West Haven, CT 06516 203-937-3850 Robert.Rosenheck@med.VA.gov ITEM NO. 6.B. 6 1. Ordinance Amending Section 9.41.030 of the Rohnert Park Municipal Code ORDINANCE NO. 970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SECTION 9.41.030 AND 9.41.040 OF THE ROHNERT PARK MUNICIPAL CODE TO ENACT ADDITIONAL PROVISIONS REGARDING CAMPING ON PUBLIC PROPERTY WHEREAS, in 2018, and again upon rehearing en banc in 2019, the Ninth Circuit Court of Appeals issued decisions in Martin v. Boise that the Eighth Amendment to the United States Constitution prohibits the government from enforcing criminal prohibitions related to sleeping outside on public property when no alternative is practically available to a homeless person in any shelter; and WHEREAS, the Ninth Circuit’s opinion in Martin v. Boise noted that its holding was a narrow one and did not grant individuals an unconditional right to sit, lie or sleep on the streets at any time or at any place, leaving open the possibility for local jurisdictions to adopt time, place and manner restrictions on such activities; and WHEREAS, the City of Rohnert Park has devoted substantial resources toward assisting all members of the community experiencing homelessness, including among other things: • Establishing an internal homeless taskforce including staff from public safety, public works, code compliance, housing and the City Attorney’s office • Establishing a Homelessness Roundtable to engage the community in programs to address homelessness • Adding a homeless services coordinator and homeless-focused code compliance officer • Dedicating its Community Oriented Problem Solving (COPS) Team half time to issues related to homeless • Investing over $4.3 million in contracts for rapid rehousing and homeless services since 2019 • Engaging 387 unhoused individuals and connected them with services • Placing 61 formerly unhoused individuals in permanent housing • Placing 58 formerly unhoused individuals into interim housing/shelter • Securing a $14.6 million grant from the state Department of Housing and Community Development, matched with $750,000 of investment from the City, to construct a 60-unit interim supportive housing project WHEREAS, on November 13, 2018 the Rohnert Park City Council adopted Resolution 2018-148 declaring a shelter crisis pursuance to Government Code Section 8698.2; and WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of publicly generated calls for service associated with homeless encampments between 2020 and 2021 and is on-track to experience another doubling between 2021 and the end of 2022; and Ordinance No. 970 2 WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of officer generated calls for service associated with homeless encampments between 2020 and 2021 and is on-track to experience a tripling of officer generated calls between 2021 and the end of 2022; and WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of arrests associated with illegal behavior at homeless encampments between 2020 and 2021 and is on-track to experience another doubling of between 2021 and the end of 2022; and WHEREAS, on August 9, 2022, the Rohnert Park City Council repealed and replaced Municipal Code Chapter 9.41 in order to adopt regulations related to camping on public and private property that are consistent with Martin v. Boise and protective and public health and safety, specifically seeking to (1) protect neighborhoods and property from risk of fire, and (2) protect unhoused persons from living in locations likely to cause conflicts with vehicular traffic or create other safety issues due to accumulation of debris or creation of large unpermitted and unsafe structures, and (3) prevent contamination of public spaces and environmental resources; and WHEREAS, the City anticipates opening its state-funded interim supportive housing project in October 2022, which will provide 60 new shelter units for unhoused residents; and WHEREAS, it is the obligation of the City to keep its public rights of way clean and available for public use, and to protect the public health, safety, and access by City constituents; and WHEREAS, the availability of safe, accessible, local shelter units warrants that the City adopt additional restrictions on camping to protect certain sensitive public land uses because it can make shelter available to persons experiencing homelessness; and WHEREAS, the City should seek to accomplish the aforementioned objectives in a manner that preserves the dignity and safety of all residents. 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. The City Council of Rohnert Park hereby finds that the adoption of this ordinance is necessary for the preservation of the public peace, health and safety, in order to address fire safety and nuisance conditions generated by large encampments, and that the above recitals set forth the factual basis for the adoption of the ordinance. Section 2. Environmental Review. The City Council finds the approval of this ordinance is exempt under the “common sense” exemption because it does not involve the construction or alteration of facilities and has no potential for resulting in direct or indirect significant effect on the environment, as described in CEQA Guidelines section 15061(b)(3). In the alternative, the proposed regulations are intended to regulate and limit the secondary impacts associated with unhoused persons living in locations likely to cause damage to environmental resources, and to prohibit discharges of untreated wastewater and other pollutants, and is therefore exempt under CEQA Guidelines section 15307 as an action to protect natural resources and under CEQA Guidelines section 15308 as an action for protection of the environment. Section 3. Amendments to Rohnert Park Municipal Code Section 9.41.030 and 9.41.040. Ordinance No. 970 3 Section 9.41.030 – Camping and storage of personal property in public, is amended to read in its entirety as follows: 9.41.030 - Camping and storage of personal property in public. A. It is unlawful for any person to camp in any public park in violation of Section 9.62.010 of this code. B. It is unlawful for any person to camp in any wellhead protection zone in violation of Section 13.02.120 of this code. C. No person shall camp, or obstruct a street, sidewalk, or other public right-of-way, in any of the following manners: 1. by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, in a manner that impedes pedestrian passage on any sidewalk or walkway; 2. by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within ten feet of any driveway or loading dock; 3. by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within five feet of any building entrance or exit; 4. by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within fifteen feet of any fire hydrant, designated fire lane, fire plug, or other fire department connection; 5. by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within the public right-of- way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit. D. No person shall obstruct any portion of any street or other public right-of- way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, anywhere within the street, bike lane, bike path, or other public right-of-way, as specified. E. No person shall occupy or use an area greater than ten by ten feet for storage of unattended personal property on any city-owned parcel. F. No person shall erect a tent, structure, or other encampment for purposes of camping on public property within four feet of another person occupying a different tent, structure, or other encampment on public property. G. No person shall dump gray water (i.e., waste water from baths, sinks, washing Ordinance No. 970 4 machines, and other kitchen appliances) or black water (i.e., sewage water) onto sidewalks, streets, parks, open spaces, storm drains, or any other facilities not intended for gray water or black water disposal. H. No person shall create or use an unpermitted electrical connection on public property. I. No person shall use public property for unattended storage of gasoline, propane tanks, or combustible waste, for a period of 72 hours or more, where such materials are not used, moved from their location, or there is no apparent owner present, during the entirety of such period. J. Fires on public property shall be prohibited except for cooking purposes, and within a fire-proof receptacle. Notwithstanding Chapter 8.20 or Chapter 8.24 of this Code, camp fires, bonfires, recreational fires, burning of garbage, and use of portable outdoor fireplaces are prohibited on public property. K. No person shall discard hypodermic needles in any public place, except in a designated container designed for disposal of sharps waste. L. No person shall camp in such a manner or location as to disturb wildlife dens, burrows, or nests, nor shall any person camping on public property cut vegetation or excavate or terrace soil or cause damage to public property. M. No person camping on public property shall exceed noise levels specified for residential zoning districts in Chapter 9.44.40 of this code, as measured at the nearest property line. N. No person may camp in any of the areas specified below: 1. Within any creek protection zone as defined in Section 17.12.060 of this code. 2. Within 1,500 feet of a school, large or small daycare facility or library. 3. Within 1,000 feet of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center. 4. On any street, sidewalk, public right-of-way, or other City property or portion thereof, where camping has been designated as prohibited by resolution of the City Council, upon a finding that camping in such particular location would pose a particular and ongoing threat to public health or safety, or is unsafe or incompatible with safe passage, and within the distance stated on posted signage prohibiting such camping. O. No person shall camp on a city-owned parcel in violation of any adopted site management plan or administrative regulation adopted by the City Manager for camping on the parcel. The City Manager may, but is not required to, establish administrative regulations, including but not limited to site management plans, standard requirements, procedures and forms to ensure that encampments on city- owned parcels are managed to protect public health and safety. Ordinance No. 970 5 Section 9.41.040 – Penalties for Violation, is amended to read in its entirety as follows: A. Any violation of this chapter shall be subject to prosecution, either a misdemeanor or infraction, in accordance with section 1.16.010 of this code. Every day any violation occurs or continues shall be deemed a separate offense. B. Violations described above are deemed and declared to be a public nuisance and may be subject to abatement in accordance with Chapter 1.24 of this code. Section 4. 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 5. Effective Date. This ordinance shall be effective 30 days after its adoption. Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on September 13, 2022 and adopted by the Council of the City of Rohnert Park on September 27, 2022, by the following roll call vote: AYES: NOES: ABSENT: 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. 6.C. 1 Meeting Date: September 27, 2022 Department: Administration Submitted By: Sylvia Lopez Cuevas, City Clerk Prepared By: Elizabeth Machado, Assistant City Clerk Agenda Title: Adopt a Resolution Amending Appendix A: Designated Positions of the City of Rohnert Park Conflict of Interest Code RECOMMENDED ACTION: Adopt a resolution amending Appendix A: Designated Positions of the City of Rohnert Park Conflict of Interest Code. BACKGROUND: State law requires every local government agency to adopt a local conflict of interest code, which designates positions required to file a Statement of Economic Interest (Form 700) and that assigns disclosure categories specifying the types of financial interests to be reported. The Act further requires government agencies to conduct biennial reviews of their conflict of interest codes by October 1st of even-numbered years to determine if the conflict of interest code accurately designates appropriate positions and disclosure categories. ANALYSIS: The Conflict of Interest Code was reviewed by the Human Resources Department, City Attorney’s Office, and City Clerk’s Office. Staff recommends that the City Council amends Rohnert Park’s Conflict of Interest Code Appendix A to reflect new positions, delete eliminated positions, and revise titles of existing positions. The changes are indicated in Attachment 2. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends adopting a resolution amending Conflict of Interest Code Appendix A: Designated Positions as mandated by the Political Reform Act. 2. Alternative: None considered. This action is required by law and is not discretionary. FISCAL IMPACT/FUNDING SOURCE: None. Code Compliance Approval Date: N/A Finance Director Approval Date: N/A Human Resources Approval Date: 8/23/2022 Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.C. 2 City Attorney Approval Date: 8/22/2022 Assistant City Manager Approval Date: 9/21/2022 Attachments: 1. 2022 Local Agency Biennial Notice 2. Appendix A – Designated Positions (Redlined) 3. Resolution Amending Appendix A: Designated Positions www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) Page 1 of 1 2022 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Phone No. Email: Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): q An amendment is required. The following amendments are necessary: (Check all that apply.) ¡Include new positions ¡Revise disclosure categories ¡Revise the titles of existing positions ¡Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions ¡Other (describe) q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302. __________________________________________ _________________________ Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. Attachment 2 CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE - 2020 SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with Section 87300 of the California Government Code. SECTION 2. STANDARDIZED CODE ADOPTED. The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (Title 2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation, and the attached appendices designating positions and establishing disclosure requirements, shall constitute the Conflict of Interest Code of the City of Rohnert Park. This Conflict of Interest Code of the City of Rohnert Park, adopted by Resolution No. 2020-XXX, replaces any Conflict of Interest Code of the City of Rohnert Park, previously in effect. SECTION 3. STATEMENTS OF ECOMONIC INTEREST. Individuals holding designated positions shall file their Statements of Economic Interest (Statements) with the filing officer (City Clerk), who will retain the Statements and make the Statements available for public inspection and reproduction. (Gov. Code Section 81008.) SECTION 4. EFFECTIVE DATE. This Conflict of Interest Code shall take effect immediately upon its approval by the City Council of the City of Rohnert Park. Conflict of Interest Code History: Amended September 8, 2020 – Reso. No. 2020-081 Adopted September 23, 2008 - Reso. No. 2008-159 Amended September 14, 2010 - Reso. No. 2010-108 (Appendix A only) Amended September 11, 2012 - Reso. No. 2012-100 (Appendix A only) Amended September 23, 2014 - Reso. No. 2014-110 Amended September 13, 2016 – Reso. No. 2016-092 Amended September 11, 2018 – Reso No. 2018-119 Amended September 25, 2020 – Reso No. 2020-081 APPENDIX A Designated Positions Disclosure Category Administration Assistant City Manager 1, 2, 3 & 4 Assistant City Attorney(s) 1, 2, 3 & 4 City Clerk 3 Assistant City Clerk 3 Deputy City Clerk 3 Senior Analyst 1, 2, 3 & 4 Information Systems Operations Manager 1, 2, 3 & 4 Newly Created Positions and Consultants * 1, 2, 3 & 4 Community Services Director of Community Services 1, 2, 3 & 4 Community Services Manager 1, 2, 3 & 4 Community Services Supervisor 2 & 3 Performing Arts Center Manager 1, 2 ,3 & 4 Community Services Analyst 1, 2, 3 & 4 Development Services Director of Development Services 1, 2, 3 & 4 City Engineer 1, 2, 3 & 4 Deputy City Engineer 1, 2, 3 & 4 Capital Improvement Project Manager 1, 2, 3 & 4 Chief Building Division Manager/Building Official 1, 2, 3 & 4 Planning Manager 1, 2, 3 & 4 Housing Administrator 1, 2, 3 & 4 Public Works Inspector II 1, 3 & 4 Management Analyst II 1, 2, 3 & 4 Finance Department Finance Director (if not serving as City Treasurer) 1, 2, 3 & 4 Finance Manager 1, 2, 3 & 4 Accounting Supervisor 1, 2 ,3 & 4 Human Resources Human Resources Director 1, 2, 3 & 4 Senior Human Resources Analyst 1, 2, 3 & 4 Human Resources Analyst 1, 2, 3 & 4 Public Safety Public Safety: Director 1, 2, 3 & 4 Public Safety: Deputy Chiefs 1, 2, 3 & 4 Public Safety: Lieutenants 1, 2, 3 & 4 Public Safety: Civilian Fire Marshal 1, 3 & 4 Public Safety: Support Services Manager 1, 3 & 4 Public Works & Community Services Director of Public Works & Community Services 1, 2, 3 & 4 Deputy Director of Community Services 1, 2, 3 & 4 Project Manager 2, 3 & 4 Public Works Operations Manager - General Services 2, 3 & 4 Public Works Operations Manager - Utilities 2, 3 & 4 Community Services Manager 1, 2, 3 & 4 Community Services Supervisor 2 & 3 Performing Arts Center Manager 1, 2 ,3 & 4 Purchasing Agent 1, 2, 3 & 4 Management Analyst II 1, 2, 3 & 4 Management Analyst I 1, 2, 3 & 4 City Engineer 1, 2, 3 & 4 Assistant Engineer 1, 2, 3 & 4 Senior Engineer 1, 2, 3 & 4 Associate Engineer 1, 2, 3 & 4 Capital Improvement Plan Project Manager 1, 2, 3 & 4 Project Coordinator 1, 2, 3 & 4 Sustainability Manager 1, 2, 3 & 4 Commission and Board Members Mobile Home Parks Rent Appeals Board 1, 2, 3 & 4 Rohnert Park Financing Authority 1, 2, 3 & 4 City of Rohnert Park Foundation 1, 2, 3 & 4 Rohnert Park District 1, 2, 3 & 4 Rohnert Park Civic Commission 1, 2, 3 & 4 Successor Agency to the Community Development Commission 1, 2, 3 & 4 Building Appeals Board 1, 2, 3 & 4 87200 Filers City Council** 1, 2, 3 & 4 City Manager 1, 2, 3 & 4 City Attorney 1, 2, 3 & 4 Finance Director/City Treasurer 1, 2, 3 & 4 Planning Commissioners 1, 2, 3 & 4 NOTE: The City Council, City Manager, City Attorney, Finance Director/City Treasurer and Planning Commissioners are not included as “designated positions” as the disclosure obligations for these positions are set forth in Government Code Section 87200, et seq. *Newly created positions and consultants shall be included in the list of designated positions. Consultant shall have the meaning defined in FPPC Regulation 18700.3, and shall include any person who pursuant to a contract with the City either has authority to directly make any governmental decision, or participates in the making of a governmental decision by providing information, an opinion, or a recommendation to any governmental decision-maker (including the City Manager or City staff with contracting authority) without significant intervening substantive review. Such consultants and persons in newly created positions shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations: The City Manager may determine in writing that a particular newly created position or consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. **City Council Members file an expanded Statement of Economic Interest as they also serve as the Rohnert Park Financing Authority, City of Rohnert Park Foundation, Rohnert Park District, Rohnert Park Civic Commission, and Successor Agency to the Community Development Commission. RESOLUTION NO. 2022-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING APPENDIX A OF THE CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act (California Government Code Section 81000, et seq.) requires public agencies to adopt and promulgate a local conflict of interest code; and WHEREAS, the Fair Political Practices Commission adopted a regulation (Title 2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency’s Conflict of Interest Code; and WHEREAS, the Political Reform Act, Government Code Section 87306.5, requires government agencies to conduct biennial reviews of their adopted conflict of interest code; and WHEREAS, at a duly noticed City Council meeting, staff recommended that amendments to the list of designated positions reflect current positions and titles within the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park amends Appendix A of the Conflict of Interest Code as set forth in Exhibit A, which is incorporated herein by reference and attached to this resolution. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of September 2022. CITY OF ROHNERT PARK ____________________________ Jackie Elward, Mayor ATTEST: ____________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A to Resolution CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE - 2022 SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with Section 87300 of the California Government Code. SECTION 2. STANDARDIZED CODE ADOPTED. The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (Title 2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation, and the attached appendices designating positions and establishing disclosure requirements, shall constitute the Conflict of Interest Code of the City of Rohnert Park. This Conflict of Interest Code of the City of Rohnert Park, adopted by Resolution No. 2022-097, replaces any Conflict of Interest Code of the City of Rohnert Park, previously in effect. SECTION 3. STATEMENTS OF ECOMONIC INTEREST. Individuals holding designated positions shall file their Statements of Economic Interest (Statements) with the filing officer (City Clerk), who will retain the Statements and make the Statements available for public inspection and reproduction. (Gov. Code Section 81008.) SECTION 4. EFFECTIVE DATE. This Conflict of Interest Code shall take effect immediately upon its approval by the City Council of the City of Rohnert Park. Conflict of Interest Code History: Amended September 8, 2020 – Reso. No. 2020-081 Adopted September 23, 2008 - Reso. No. 2008-159 Amended September 14, 2010 - Reso. No. 2010-108 (Appendix A only) Amended September 11, 2012 - Reso. No. 2012-100 (Appendix A only) Amended September 23, 2014 - Reso. No. 2014-110 Amended September 13, 2016 – Reso. No. 2016-092 Amended September 11, 2018 – Reso No. 2018-119 Amended September 8, 2020 – Reso No. 2020-081 Amended September 27, 2022 – Reso. No. 2022-097 (Appendix A only) APPENDIX A Designated Positions Disclosure Category Administration Assistant City Manager 1, 2, 3 & 4 Assistant City Attorney(s) 1, 2, 3 & 4 City Clerk 3 Assistant City Clerk 3 Deputy City Clerk 3 Senior Analyst 1, 2, 3 & 4 Information Systems Operations Manager 1, 2, 3 & 4 Newly Created Positions and Consultants * 1, 2, 3 & 4 Community Services Director of Community Services 1, 2, 3 & 4 Community Services Manager 1, 2, 3 & 4 Community Services Supervisor 2 & 3 Performing Arts Center Manager 1, 2 ,3 & 4 Community Services Analyst 1, 2, 3 & 4 Development Services Director of Development Services 1, 2, 3 & 4 Deputy City Engineer 1, 2, 3 & 4 Building Division Manager/Building Official 1, 2, 3 & 4 Planning Manager 1, 2, 3 & 4 Housing Administrator 1, 2, 3 & 4 Management Analyst II 1, 2, 3 & 4 Finance Department Finance Director (if not serving as City Treasurer) 1, 2, 3 & 4 Finance Manager 1, 2, 3 & 4 Accounting Supervisor 1, 2 ,3 & 4 Human Resources Human Resources Director 1, 2, 3 & 4 Senior Human Resources Analyst 1, 2, 3 & 4 Public Safety Public Safety: Director 1, 2, 3 & 4 Public Safety: Deputy Chiefs 1, 2, 3 & 4 Public Safety: Lieutenants 1, 2, 3 & 4 Public Safety: Civilian Fire Marshal 1, 3 & 4 Public Safety: Support Services Manager 1, 3 & 4 Public Works Director of Public Works 1, 2, 3 & 4 Project Manager 2, 3 & 4 Public Works Operations Manager - General Services 2, 3 & 4 Public Works Operations Manager - Utilities 2, 3 & 4 Purchasing Agent 1, 2, 3 & 4 Management Analyst II 1, 2, 3 & 4 Management Analyst I 1, 2, 3 & 4 City Engineer 1, 2, 3 & 4 Assistant Engineer 1, 2, 3 & 4 Senior Engineer 1, 2, 3 & 4 Associate Engineer 1, 2, 3 & 4 Capital Improvement Plan Project Manager 1, 2, 3 & 4 Project Coordinator 1, 2, 3 & 4 Sustainability Manager 1, 2, 3 & 4 Commission and Board Members Mobile Home Parks Rent Appeals Board 1, 2, 3 & 4 Rohnert Park Financing Authority 1, 2, 3 & 4 City of Rohnert Park Foundation 1, 2, 3 & 4 Rohnert Park District 1, 2, 3 & 4 Rohnert Park Civic Commission 1, 2, 3 & 4 Successor Agency to the Community Development Commission 1, 2, 3 & 4 Building Appeals Board 1, 2, 3 & 4 87200 Filers City Council** 1, 2, 3 & 4 City Manager 1, 2, 3 & 4 City Attorney 1, 2, 3 & 4 Finance Director/City Treasurer 1, 2, 3 & 4 Planning Commissioners 1, 2, 3 & 4 NOTE: The City Council, City Manager, City Attorney, Finance Director/City Treasurer and Planning Commissioners are not included as “designated positions” as the disclosure obligations for these positions are set forth in Government Code Section 87200, et seq. *Newly created positions and consultants shall be included in the list of designated positions. Consultant shall have the meaning defined in FPPC Regulation 18700.3, and shall include any person who pursuant to a contract with the City either has authority to directly make any governmental decision, or participates in the making of a governmental decision by providing information, an opinion, or a recommendation to any governmental decision-maker (including the City Manager or City staff with contracting authority) without significant intervening substantive review. Such consultants and persons in newly created positions shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations: The City Manager may determine in writing that a particular newly created position or consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. **City Council Members file an expanded Statement of Economic Interest as they also serve as the Rohnert Park Financing Authority, City of Rohnert Park Foundation, Rohnert Park District, Rohnert Park Civic Commission, and Successor Agency to the Community Development Commission. ITEM NO. 6.D. Meeting Date: September 27, 2022 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Eydie Tacata, Senior Public Works Analyst Agenda Title: Adopt Resolutions Amending the FY 2022-23 Capital Improvement Plan (CIP) Budget to Add Autonomous Fire Watch System Project (CIP2304) and Designating Authorized Agents for Disaster Assistance and Grant Programs Administered by CalOES RECOMMENDED ACTION: Adopt Resolutions: • Amending the FY 2022-23 Capital Improvement Plan (CIP) Budget to add the Autonomous Fire Watch System Project (CIP2304) with a project budget of $226,783.40, funded by $152,837.25 in Hazard Mitigation Grant Program funds and $73,946.15 from the Infrastructure Reserve Fund. • Designating the Authorized Agents for disaster financial assistance and grant programs administered by the State of California Governor’s Office of Emergency Services (CalOES). BACKGROUND: In July 2021, the City was notified by CalOES that its grant application to the Federal Emergency Management Agency (FEMA) for $152,837.25 in Hazard Mitigation Grant Program (HMGP) funds was successful. The Autonomous Fire Watch System (“Project”) will install a fire-detection surveillance system to monitor fire and hotspot activity along the eastern wildland- urban interface of Rohnert Park. Consisting of infrared fire-sensing cameras mounted at three strategic locations along Rohnert Park’s periphery, the system will channel information directly to City of Rohnert Park Public Safety Dispatch, as well as the City's Emergency Operations Center if activated. Attachment 1 shows the approximate locations of the three fire cameras. CalOES recently met with City staff to provide guidance to start the project and to review grant requirements, including procedures for reimbursement and reporting. DISCUSSION: Amending CIP Budget to Add Project, including Budget and Funding The equipment procurement, construction and system installation cost of the Project as submitted in the grant application is $208,783.00. The grant award is for $152,837.25, which is 75% of the project costs as allowed by the grant program. Because of the grant constraints for project management costs, staff chose not to submit project management costs for grant funding. Project management costs, which include which include City staff time for project oversight, construction/installation management and grant administration costs are estimated at $23,000. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.D. Including the required City grant funding match of 25% – or $50,946.15 – the Project requires $73,946.15 of City funds. (See Table 1: Project Funding and Activities.) Table 1. Project Funding and Activities Project Activities Funding Sources Equipment Procurement, Installation and Commissioning Project Management and Administration, Construction Management & Inspection Total Funding Each Source Federal FEMA Grant (CalOES Sub-Grant) $152,837.25 $0.00 $152,837.25 Local Infrastructure Reserve Fund (proposed) $50,946.15 $23,000.00 $73,946.15 Total Funding $203,783.00 $23,000.00 $226,783.40 At the time the FY 21-22/FY 22-23 Two-Year Capital Improvement Program (CIP) Budget was approved, the funding status of the Project was unknown, and the Project was not included in the CIP Budget. With the recent grant funding notification, the Project can now proceed, and a CIP Project needs to be established. City staff recommends that the City Council approve the attached Resolution (Attachment 2) amending the FY 22-23 CIP Budget to add the Autonomous Fire Watch System (CIP2304) with a project budget of $226,783.40, funded by $152,837.25 in HMGP grant funds and $73,946.15 from the Infrastructure Reserve Fund. Designating Authorized Agents for Federal Disaster Assistance and Grant Programs CalOES is the actual recipient of the HMGP grant from FEMA; the City is a sub-recipient of the grant. CalOES administers grant funds for sub-recipients and is responsible for ensuring that sub- recipients such as the City comply with Federal and State laws. CalOES has established policies and procedures for their grant administration, and provides forms and templates. CalOES has provided the City a template resolution for the designation of the City’s officials who are authorized to execute various assurances and agreements. The City may opt for the authorizing resolution to be specific to the Project, or be applicable for a wide range of federal disaster assistance and grant programs. City staff recommends that the City Council approve the attached resolution (Attachment 3) designating the City Manager, Assistant City Manager and Public Works Director as authorized agents to execute applications, assurances and agreements on behalf of the City for disaster assistance and grant programs administered by CalOES. This resolution is required for the City to receive grant reimbursements for the Project. Once an approved authorizing resolution and other required documentation are provided by the City to CalOES, City staff will initiate the Project. The project duration is estimated to be 22-30 months, which includes the following scopes of work: • Obtaining design assistance; • System and construction design; • Putting the project out for construction bidding; • Working with internet vendor to connect cameras at each location to the city’s network (long lead item); • Procuring Fire camera equipment and pole (long lead time item); • Actual installation of the cameras and poles at three sites; • Programming the cameras within the city’s protected server firewalls and testing Environmental Review ITEM NO. 6.D. The proposed project would involve only the installation of camera equipment on existing structures. As such, it is categorically exempt from CEQA pursuant to CEQA Guidelines section 15303, as installation of small new equipment. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This action is consistent with the following Strategic Plan Goals: • Strategic Plan Goal C: Ensure the Effective Delivery of Public Services, which includes “making effective use of information technology to deliver services and communicate with residents” and “maintaining strong information systems reliability and security.” • Strategic Plan Goal D: Continue to Develop a Vibrant Community, which includes mitigation of risks to planned new development at Rohnert Park’s urban edge. OPTIONS CONSIDERED: No other options were considered regarding this item FISCAL IMPACT/FUNDING SOURCE: There is no net fiscal impact to the General Fund from the recommended action. The Infrastructure Reserve Fund (Fund 2990) has unreserved fund balance of $452,617.00 as of September 20, 2022, which is sufficient for the proposed appropriation of $73,946.15 for the project grant match. Department Head Approval Date: 08/30/22 Finance Approval Date: 09/20/22 City Attorney Approval Date: 08/29/22 Assistant City Manager Approval Date: 09/21/22 Senior Code Compliance Officer Approval Date: N/A Attachments: 1. Map of fire watch camera locations 2. Resolution Amending the FY 2022-23 Capital Improvement Plan (CIP) Budget to add the Autonomous Fire Watch System Project (CIP2304) with a project budget of $226,783.40, funded by $152,837.25 in Hazard Mitigation Grant Program funds and $73,946.15 from the Infrastructure Reserve Fund 3. Resolution Designating Authorized Agents for Disaster Financial Assistance and Grant Programs Administered by the State of California Governor’s Office of Emergency Services (CalOES) ATTACHMENT 1 RESOLUTION NO. 2022-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO ADD AUTONOMOUS FIRE WATCH SYSTEM PROJECT (CIP2304) WITH A PROJECT BUDGET OF $226,783.40, FUNDED BY $152,837.25 IN HAZARD MITIGATION GRANT PROGRAM FUNDS AND $73,946.15 FROM THE INFRASTRUCTURE RESERVE FUND WHEREAS, on November 23, 2021, the City Council of the City of Rohnert Park adopted the Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2021-22 through 2025- 26, and the Finance Director was authorized to appropriate funds to projects in the approved CIP Budget for Fiscal Years 2021-22 and 2022-23; and WHEREAS, in August 2021, the City submitted an application for grant funding from the Hazard Mitigation Grant Program (HMGP) for the Autonomous Fire Watch System (“Project”), a fire-detection surveillance system to monitor fire and hotspot activity along the eastern wildland-urban interface of Rohnert Park; and WHEREAS, on July 14, 2022, the Federal Emergency Management Agency (FEMA) notified the State of California Governor’s Office of Emergency Services (CalOES) that it approved $152,837.25 in HMGP funds for the Project, which is 75% of the total Project costs of $203,783.00, not including project management costs; and WHEREAS, $50,946.15 in City funds is required for the 25% grant match, as well as $23,000.00 in additional funding for project management and administration costs, totaling $73,946.15 needed from City funding for the Project; and WHEREAS, the Project is not yet included in the approved CIP Budget for Fiscal Year 2022-23 and an approved project budget and funding are needed for Project design, equipment procurement, construction and system installation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the following: Section 1. The above recitals are true and correct and material to this Resolution. Section 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the correspondence, staff reports and all other related materials. Section 3. The Project is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant CEQA Guidelines section 15303. Section 4: The Assistant City Manager or designee is authorized to create a new CIP project Autonomous Fire Watch System (CIP2304) with a project budget of $226,783.40 in Fiscal Year 2022-23, funded by $152,837.25 in HMGP grant funds and funding appropriation from the Infrastructure Reserve Fund in the amount of $73,946.15. Section 5. This Resolution shall become effective immediately. Resolution 2022-098 2 Section 6. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 27th day of September, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) RESOLUTION NO. 2022-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DESIGNATING AUTHORIZED AGENTS FOR DISASTER FINANCIAL ASSISTANCE AND GRANT PROGRAMS ADMINISTERED BY THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES WHEREAS, on July 14, 2022, the Federal Emergency Management Agency (FEMA) notified the State of California Governor’s Office of Emergency Services (CalOES) that it approved $152,837.25 in Hazard Mitigation Grant Program (HMGP) funds for the Autonomous Fire Watch System Project (“Project”) submitted by the City of Rohnert Park; and WHEREAS, CalOES the administers Federal and state financial assistance for Federally-declared disasters and various grant programs for hazard mitigation and reduction, disaster preparedness, emergency assistance and disaster relief; and WHEREAS, CalOES requires that agencies receiving financial assistance and grants administered by CalOES, including HMGP funds, designate the agency officials authorized to execute various assurances and agreements related to such financial assistance. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Manager, Assistant City Manager and Public Works Director are hereby authorized to execute for and on behalf of the City of Rohnert Park, a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following: •Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. •Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. •National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 •California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12. Resolution 2022-099 2 BE IT FURTHER RESOLVED that the City of Rohnert Park, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance, the assurances and agreements required. BE IT FURTHER RESOLVED that this is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. DULY AND REGULARLY ADOPTED this 27th day of September, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 6.E. 1 Meeting Date: September 27, 2022 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Laura Luchini, Project Coordinator, Public Works Mark Hendersen, Utility Operations Manager, Public Works Agenda Title: Authorize the Assistant City Manager to Execute a Consultant Services Agreement with Websoft Developers, Inc., in the amount of $118,800 for the Mobile Maintenance Management Software (MobileMMS) Program Implementation RECOMMENDED ACTION: Authorize the Assistant City Manager to Execute a Consultant Services Agreement with Websoft Developers, Inc., in the amount of $118,800 for the Mobile Maintenance Management Software (MobileMMS) Program Implementation. BACKGROUND: The City operates and maintains a variety of assets that serve the public, such as: • Buildings (Over 308,000 square feet) • Water wells (29) • Water Tanks (8) • Sewer pump stations (3) • Bridges and roads • Parks and park equipment • Water, sewer, and recycled water lines The assets throughout the City are all at different ages and conditions and require different maintenance frequencies and approaches. Currently the City tracks maintenance operations on paper or through basic excel spreadsheets. The Public Works Department recognizes a need to centralize asset maintenance data to one location for asset tracking that is easy to share and communicate inter-departmentally and between all departments. Staff also recognizes a need for a system that has an easy interface for field crews to use while out performing work. ANALYSIS: Over the past few years, staff researched systems to establish a more centralized asset maintenance program. Staff requested proposals from seven vendors and after reviewing their proposals, staff selected Websoft’s Mobile MMS Program. Staff found Websoft to be the most qualified and capable of meeting the City’s asset management needs. Websoft’s Mobile MMS Program provides a broad platform that has unlimited user access and can be tailored to each departments needs throughout the City. It also has a very effective field Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.E. 2 data collection component that staff is missing currently. Staff is seeking to implement the full software program and begin using it to track operations and maintenances of city assets. The Consultant Services Agreement with Websoft Developers Inc, is for a three year term and not to exceed $118,800 total for the contract’s entirety. The first year program implementation is included in the Fiscal Year 22/23 budget so the program can be developed for the water, sewer, and recycle water utilities. The following fiscal years will be budgeted accordingly. ENVIRONMENTAL ANALYSIS: The scope of work involves implementing a new software program to track maintenance operations of City assets, and is therefore not a “project” because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (14 CCR § 15378(b)(5).) Therefore, the Project is categorically exempt from the requirements of CEQA pursuant to Sections 15378(b)(5) and 15601(b)(3) of the CEQA Guidelines, as it can also be seen with certainty that there is no possibility that the implementation of new software may have a significant effect on the environment. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The City is implementing the Mobile MMS Program to utilize new technology and track maintenance operations of City assets in the field. This is consistent with the Strategic Plan Goal C, ensuring the effective delivery of public services. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends authorizing the Assistant City Manager to execute a Consultant Services Agreement with Websoft Developers, Inc., for the Mobile MMS program implementation in the amount not to exceed $118,800 over three years. This option will allow staff to fully implement a centralized maintenance asset management program for the City. 2. Alternative: Do not execute the agreement. This action is not recommended as staff has spent sufficient time becoming familiar with this program and feels it’s highly beneficial for the department and the city. Not executing this agreement would delay establishing a centralized asset maintenance management program which the City is currently lacking. FISCAL IMPACT/FUNDING SOURCE: The Mobile MMS Program Implementation is funded through the Water Utility, Sewer Utility, and Recycled Water Utility funds. The Consultant Services Agreement with Websoft Developers Inc., is in the amount not to exceed $118,800 over a three year term. Please see Table 1 below for a contract breakdown per fund type by year. Unused funds (if any) would be returned to their respective utility fund. Table 1: Proposed Funding Breakdown Fund Type Budget Amount per FY Percentage Contract Amount Year 1 Contract Amount Year 2 Contract Amount Year 3 Recycled Water Utility Fund (F3440) $14,850 33% $14,718 $14,718 $9,768 Water Utility Fund (F3430) $14,850 33% $14,718 $14,718 $9,768 ITEM NO. 6.E. 3 Sewer Utility Fund (F3420) $15,300 34% $15,164 $15,164 $10,064 Total $45,000 100% $44,600 $44,600 $29,600 The year one contract amount is included in the FY 22/23 Annual Budget. Subsequent contract years will be proposed in future annual budgets. Department Head Approval Date: 9/2/2022 Finance Director Approval Date: 9/9/22 City Attorney Approval Date: 9/7/2022 Assistant City Manager Approval Date: 9/20/2022 Attachments: 1. Consultant Services Agreement with Websoft Developers, Inc. Page 1 of 19 OAK #4832-0705-4031 v1 CONSULTANT SERVICES AGREEMENT RE: MOBILE MAINTENANCE MANAGEMENT SOLUTION SOFTWARE PROGRAM IMPLEMENTATION This 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 Websoft Developers, Inc. ("Consultant"), a California corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain consultant services for the Mobile Maintenance Management Solution (MMS) Software Program Implementation; 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 Assistant 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 Utility Operations Manager, Mark Hendersen 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 Sean Dingman 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 the City through its staff may determine from time to time, Consultant shall perform the services set out in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by reference. Page 2 of 19 OAK #4832-0705-4031 v1 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. The services of Consultant are to be completed not later than June 30, 2025. Consultant shall perform its services in accordance with the schedule attached hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates in either this Section 3 or Exhibit A must be approved in writing by the City. 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 be at the rate and schedules attached hereto as Exhibit B, and incorporated herein by reference. However, notwithstanding the foregoing, Consultant shall be required to complete all work identified in the in Exhibit A in an amount not to exceed the total cost identified in Exhibit B, and in no event shall the amount City pays Consultant exceed One Hundred Eighteen Thousand, Six Hundred Dollars ($118,800). Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. B. Timing of Payment. (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. Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. Page 3 of 19 OAK #4832-0705-4031 v1 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. This Agreement shall commence upon its execution by both parties and shall continue in full force and effect until completed, amended pursuant to Section 19, or otherwise terminated as provided herein. 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 Page 4 of 19 OAK #4832-0705-4031 v1 the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest Requirements. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (1) will not have the power to make any governmental decision, including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of the City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or revoke any permit, license, application, certificate, order, or any similar authorization or entitlement; authorize, modify, or renew any form of City contract; grant approval to any City contract specifications on behalf of the City; or grant City approval for any plans, designs, reports, or similar; and (2) will not participate in the making of any governmental decision in the equivalent of a staff capacity — for the purposes of this provision, “participating in a governmental decision” including providing information, an opinion, or a recommendation directly to 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.) Page 5 of 19 OAK #4832-0705-4031 v1 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. To the maximum extent permitted by law, the City shall have no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance 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 Page 6 of 19 OAK #4832-0705-4031 v1 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 prevailing Page 7 of 19 OAK #4832-0705-4031 v1 wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Unless exempt by law, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent, which shall be in the City’s sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant’s indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s risk manager. 17. Termination of Agreement; Default. Page 8 of 19 OAK #4832-0705-4031 v1 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 Assistant City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the Page 9 of 19 OAK #4832-0705-4031 v1 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 this Agreement, Consultant shall immediately commence work to perform the services required in accordance with the schedule of work. In the event that the Agreement does not include a fixed schedule for completion of work, Consultant shall diligently prosecute all work until completion. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 If to Consultant: Websoft Developers, Inc. 2020 Research Park Drive, Suite 140 Davis, CA 95618 530-759-8754 sales@websoftdev.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. 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, Assistant 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. Page 10 of 19 OAK #4832-0705-4031 v1 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 Assistant 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 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: Page 11 of 19 OAK #4832-0705-4031 v1 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. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK WEBSOFT DEVELOPERS, INC. By: __________________________________ Don Schwartz, Assistant City Manager By: Title: Date: Date: By Minute Order of the Rohnert Park City Council at its meeting of __________________. WEBSOFT DEVELOPERS, INC. By: Title: Date: ATTEST: By: __________________________________ City Clerk Quotation SJD20220810001Q Page 1 of 4 Websoft Developers, Inc. 2020 Research Park Drive, Suite 140 Davis, CA 95618 530.759.8754 sales@websoftdev.com Prepared For: Mark Henderson, mhendersen@rpcity.org, 707.588.3316 City of Rohnert Park 600 Enterprise Drive . Rohnert Park, CA 94928 Mobile MMS The quotation below includes licensing and services for the implementation of the MobileMMS product for use with water, wastewater, parks, and streets activities within the Department of Public Works for the City of Rohnert Park. Type Item Description Unit Licensing MobileMMS Initial Licensing Year Includes hosted software license for MobileMMS software with unlimited access for all city activities. Professional Services: Implementation Public Works Implementation 1. Form configuration: See tentative scope under Additional Information 2. Workflow configuration using hands-on assessment based on-site discussions with key stakeholders. 3. Map integration using hosting of GIS layers in the near term and ESRI ArcGIS Online in the long term if desired 4. Import existing electronic data source into form and workflow structure developed above. Link to map where possible. Include PM schedules where required. Field crew will have the ability to add/edit/delete point features such as meter locations and backflows. 5. Add feature layer in MobileMMS that represents Utility Customer meter and/or address locations. 6. Custom report configuration (5 reports). 7. Standard report configuration using grid interface 8. Daily report generation including customized metrics 9. Training for field crews and administrative staff Date August 10, 2022 Expires September 10, 2022 Quotation SJD20220810001Q Page 2 of 4 Additional Information The tentative list below includes activities that we can implement within MobileMMS. Timing of the implementation of these activities will not affect the implementation fee charged. We believe in on-site, hands-on implementation and training that allows users to be directly involved in the system development process. Our pricing includes on-site visits for the duration of our relationship. Direct integration with 3rd-party software such as utility billing or CCTV tracking will be billed on a time-and-material basis. Water Customer Service requests Water Distributed Flushing Water Distributed Main line repairs Water Distributed Meter replacement Water Distributed Service repairs Water Distributed Valve exercising Water Recycled Use site inspection/tracking Water Regulatory Sampling Water Regulatory Water waster Water Wells Daily inspections Water Wells Maintenance Wastewater Customer Service complaints Wastewater Distributed Foaming/root cutting Wastewater Distributed Line cleaning Wastewater Distributed Manhole inspection Wastewater Lift Station Inspections Wastewater Lift Station Maintenance Wastewater Plant Asset representation/tracking Wastewater Plant Maintenance Wastewater Regulatory SSO Streets Customer Service requests Streets Sidewalk Inspections Streets Sidewalk Maintenance Streets Signs Reflectivity/Inspection Streets Signs Sign GPS location add/move Streets Signs Support and sign maintenance Streets Street Crack sealing Streets Street Customer service Streets Street Pothole Trees Customer Service requests Trees Tree GPS data point collection Trees Tree Preventative maintenance Parks Inspection Facility inspections Parks Parks Customer requests Parks Parks Park maintenance Facilities Facilities Facility maintenance Facilities Facilities Maintenance requests Reporting Dashboard Customized user dashboard Reporting Excel User spreadsheet integration Reporting Custom Insurance billing Reporting Custom Official receipts/notification Reporting Grid Quick reports Quotation SJD20220810001Q Page 3 of 4 Pricing Summary Type First Year Second Year Third Year Licensing $29,600 $29,600 $29,600 Professional Services $15,000 $15,000 $0 Total $44,600 $44,600 $29,600 The proposed pricing is based on our understanding of the needs of the City of Rohnert Park. Recurring yearly fees will be billed annually with 1 initial payment. Implementation fee will be billed upon project initiation. Pricing assumes a three-year contract. Renewal rates beyond the initial contract will include an annual increase equal to 5%. This increase will be waived with a 3 year or longer contract extension. Annual renewal will be billed automatically unless customer cancels services prior to renewal date. These prices are valid for 60 days. Additional requested professional services will be billed at the hourly rate included in the appendix with a project estimate provided in advance of work initiation. Thank you for this opportunity to provide this quotation. Please contact me at 916.501.1590 should you have any questions. Sincerely, Sean Dingman Websoft Developers, Inc. SJD:sjd Quotation SJD20220810001Q Page 4 of 4 Appendix: Standard and Contract Hourly Rates Position Standard Billing Rate ($/Hour) Principal 235 Senior Application Developer 185 Senior Engineer 165 Senior Programmer/Designer 165 Application Developer 155 System Administrator 135 Technician 115 Assistant Engineer 115 Assistant System Administrator 85 Assistant Programmer 85 Assistant Technician 75 Junior Technician 60 Administrative 50 Outside services such as vendor reproductions, prints, shipping, and major WSD reproduction efforts, as well as engineering supplies, travel, etc. will be billed at actual cost plus 15%. Mileage will be billed at the current Federal rate. Sub consultants will be billed at actual cost plus 10%. A Finance Charge of 1.5% per month (an Annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. Billing rates apply to all computers and equipment, whether owned or rented, and to all employment categories including regular full-time, part-time, temporary, and contract personnel as defined in WSD’s Employee Handbook Exhibit C OAK #4832-0705-4031 v1 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used). Exhibit C OAK #4832-0705-4031 v1 Primary Coverage For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the Exhibit C OAK #4832-0705-4031 v1 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. Page 19 of 19 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 ITEM NO. 6.F. 1 Meeting Date: September 27, 2022 Department: Administration Submitted By: Darrin Jenkins, Executive Director Prepared By: Rheannon Torres, Senior Analyst Agenda Title: Adopt a Resolution to Authorize the Rohnert Park Foundation to Appropriate $56,172.48 for the Fireworks Replacement Funding Grant Program RECOMMENDED ACTION: Adopt a Resolution to authorize the Rohnert Park Foundation to appropriate funds for the Fireworks Replacement Funding Grant Program. BACKGROUND: The Fireworks Replacement Funding Program was established by consensus (none opposed) by the Rohnert Park Foundation Board on January 25, 2022. In June of 2022, the Rohnert Park Foundation awarded grants to 11 nonprofits, to serve as replacement fundraising revenue due to the voters’ prohibition of fireworks sales in the City of Rohnert Park. Grant eligibility was limited to Rohnert Park non-profit groups that operated fireworks fundraising booths from 2019 to 2021. Of the 11 awardees, two nonprofits, Project Graduation RCHS and Rancho Cotati Youth Lacrosse, were unable to provide their signed contracts until after the end of the 2021-2022 fiscal year (after June 30, 2022). In addition, one other nonprofit, Rohnert Park Youth Football & Cheer (Warriors), had not resolved an eligibility requirement that would have allowed them to sign a contract in the previous fiscal year. Consequently, the budgeted appropriations for unspent funds have been returned to fund balance. The funds previously allotted to these three nonprofits under the Fireworks Replacement Funding Program total $56,172.48, and are available to be appropriated for these nonprofits in this 2022-23 fiscal year, should the Foundation Board approve. The approval would enable the Foundation staff to issue the funds pursuant to the grant contracts. ANALYSIS: Staff recommends that $56,172.48 in funds be appropriated to the Rohnert Park Foundation’s 2022-23 Small Grants Program Budget, to allow the issuance of grants to the three Fireworks Replacement Funding grantees listed above, in accordance with their grant contracts and the aim of the program. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This proposed resolution enacts prior direction from the Foundation Board. FISCAL IMPACT/FUNDING SOURCE: The proposed funds can be appropriated for these grants to this fiscal year. The Foundation’s current fund balance is $351,998. CITY OF ROHNERT PARK FOUNDATION ITEM NO. 6.F. 2 City Attorney Approval Date: 09/20/22 Finance Approval Date: 09/20/22 Executive Director Approval Date: 09/20/22 Attachments: 1. Foundation Resolution No. 2022-0023 RESOLUTION NO. 2022-003 A RESOLUTION OF THE CITY OF ROHNERT PARK FOUNDATION TO APPROPRIATE FUNDS IN THE AMOUNT OF $56,172.48 FOR THE FIREWORKS REPLACEMENT FUNDING GRANT PROGRAM WHEREAS, on January 25, 2022, the Rohnert Park Foundation Board approved the Fireworks Replacement Funding Grant Program to restore fundraising revenue to non-profit organizations affected by the prohibition of fireworks sales in the City of Rohnert Park; WHEREAS, three of the eligible grant awardees were unable to finalize contracts necessary to use Rohnert Park Foundation funds by the end of the 2021-2022 fiscal year; WHEREAS, the appropriation of the unspent funds for those three nonprofits, amounting to $56,172.48, expired due to the fiscal year change; WHEREAS, the Rohnert Park Foundation staff has heretofore prepared and submitted to the City of Rohnert Park Foundation Board a proposed increase in appropriations in the amount of $56,172.48, to award three Fireworks Replacement Grant contracts, in fiscal year 2022-23; and WHEREAS, on September 27, 2022, the City of Rohnert Park Foundation Board has considered the increased appropriations proposal submitted by staff; NOW, THEREFORE, BE IT RESOLVED by t he Board of Directors of the City of Rohnert Park Foundation that the proposed increase in appropriations of $56,172.48 for Fiscal Year 2022-23, for fulfillment of three Fireworks Replacement Grant awards, is hereby approved. DULY AND REGULARLY ADOPTED this 27th day of September, 2022. CITY OF ROHNERT PARK FOUNDATION __________________________________ ATTEST: Jackie Elward, Chair _____________________________ Sylvia Lopez Cuevas, Recording Secretary GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 6.G.1. MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, September 13, 2022 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR 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 September 8, 2022. Present: Jackie Elward, Mayor Gerard Giudice, Councilmember Susan Hollingsworth-Adams, Councilmember Pam Stafford, Councilmember (Departed the meeting at 5:44 p.m.) Absent: Samantha Rodriguez, Vice Mayor Staff present: City Manager Jenkins, City Attorney Kenyon, Assistant City Manager Schwartz, Director of Public Safety Mattos, Human Resources Director Cannon, Public Safety Director Mattos, Director of Development Services Pawson, Director of Community Services Bagley, Finance Director L. Tacata, Director of Public Works Garrett, Information Technology Analyst Son, and Community Services Supervisor Foley. 2.PLEDGE OF ALLEGIANCE Led by City Attorney Kenyon. 3.PRESENTATIONS A.Mayor's Proclamation: Proclaiming September 15 to October 15 as Hispanic American Heritage Month Mayor Elward read the recognition and presented it to Gabriela Magallanes, Vice President of SSU Sigma Lamda Beta, Cassandra Rojas, and Luke Wallace, President of SSU Sigma Lamda Beta. 4.DEPARTMENT HEAD BRIEFING A.Announcement of Virtual Candidate Forum Hosted by the League of Women Voters Sonoma County (LWVSC) on September 19, 2022 at 6:30 p.m. City Manager Jenkins announced details on how to observe the Virtual Candidate Forum. Mayor Elward declared a recess at 5:18 p.m. and reconvened the meeting at approximately 5:22 p.m. Revised Item 6G1 Added 9/27/22 at 2:30 p.m. (Revised agenda noticing date) City of Rohnert Park Joint Regular Meeting Minutes for City Council September 13, 2022 RPFA/CDC Successor Agency Page 2 of 5 5. PUBLIC COMMENTS Steve Keith requested item 6.C. be more detailed and included as part of the regular calendar. Richard Northgrove, owner Bear Republic, spoke about the impacts of homelessness on his business. Gary Coffman spoke about parking and street sweeping. Collie Williamson, owner of Mary’s Pizza Shack, spoke about the Roberts Lake encampment and vandalism by the homeless on his business. Peter Alexander spoke about the movie phenomenon, spiritual power and homelessness. 6. CONSENT CALENDAR 6.A Acceptance of Report from Finance Department: 6.A.1. City Bills Demands for Payment dated August 15 through September 6, 2022 6.B Approval of Minutes for: 6.B.1. City Council Special Meeting, August 22, 2022 6.B.2. City Council/RPFA/Successor Agency Joint Regular Meeting, August 23, 2022 6.C Acceptance of Code Compliance Second Quarter 2022 Report (April, May and June 2022) 6.D Receive Annual 2021 Calendar Year, and January Through June 2022 Alcoholic Beverage Service Ordinance (ABSO) Report Pursuant to Rohnert Park Municipal Code 8.34.190 6.E Approve an Agreement between the City of Rohnert Park and the California Governor’s Office of Emergency Services (CalOES) for Subrogation and Assignment of Claims Arising Out of the Kincaide Fire and Authorizing the City Manager or His Designee to Execute It 6.F Adopt Resolution 2022-091 Adopting the Final Local Road Safety Plan (LRSP) and Authorizing the Public Works Director to Update the LRSP as Needed 6.G Adopt Resolution 2022-092 to Accept a Grant in the Amount of $56,270 from the Department of Alcoholic Beverage Control Alcohol Policing Partnership Program for Mitigating Alcohol-Related Nuisances and Crimes and Authorize the Finance Director to Increase Appropriations in the FY 2022/23 Budget by $56,270 6.H Adopt Resolution 2022-093 Approving a Professional Services Agreement with Collection Bureau of America, Ltd., to Perform Debt Collection Services and Authorizing the Assistant City Manager to Enter the Agreement 6.I Adopt Resolution 2022-094 Authorizing Assistant City Manager to Execute Program Supplement Agreement No. F015 to Administering Agency-State Agreement for Federal Funding No. 04-5379F15 for the Pedestrian Safety 6.J Adopt Resolution 2022-095 Updating the Table of Contents and Section 8 of Volume 1, Updating Table of Contents, Water, Sewer & Bicycle Parking Detail Drawings of Volume 2 of the Rohnert Park Manual of Standards, Details and Specifications ACTION: Moved/seconded (Stafford/Giudice) to approve the consent calendar Motion carried by the following 4-0-1 roll call vote: AYES: Giudice, Hollingsworth-Adams, Stafford, and Elward NOES: None, ABSENT: Rodriguez, ABSTAINS: None. City of Rohnert Park Joint Regular Meeting Minutes for City Council September 13, 2022 RPFA/CDC Successor Agency Page 3 of 5 Councilmember Stafford departed the meeting at approximately 5:44 p.m. 7. REGULAR ITEMS A. Consider Introducing by Title Only and Waiving First Reading of Ordinance No. 970, an Ordinance Amending Section 9.41.030 and 9.41.040 of the Rohnert Park Municipal Code to Enact Additional Provisions Regarding Camping on Public Property. Director of Development Services Pawson presented this item. Recommended Action(s): Introduce by Title Only and Waive First Reading of Ordinance No. 970, An Ordinance of the City Council of the City of Rohnert Park Amending Section 9.41.030 and 9.41.040 of the Rohnert Park Municipal Code to Enact Additional Provisions Regarding Camping on Public Property. PUBLIC COMMENTS: None. ACTION: Moved/seconded (Giudice/Hollingsworth-Adams) to introduce by title only and waive reading of Ordinance No. 970. Title read by Councilmember Giudice. Motion carried by the following 3-0-2 roll call vote: AYES: Giudice, Hollingsworth-Adams, and Elward, NOES: None, ABSENT: Stafford and Rodriguez, ABSTAINS: None. Mayor Elward declared a recess at approximately 6:01 p.m. and reconvened the meeting at approximately 6:06 p.m. B. Consider Adopting a Resolution Consenting to Sonoma County Board of Supervisor’s Amendment of the Sonoma County Tourism Business Improvement Area (“SCTBIA”), Removing the $350,000 Threshold for Application of the Assessment to a Lodging Property, and Authorizing Collection and Remittance of Assessments. Assistant City Manager Schwartz presented this item. Recommended Action(s): Adopt Resolution 2022-096 Consenting to Amendment of the Sonoma County Ordinance Creating the Sonoma County Tourism Business Improvement Area (“SCTBIA”), Removing the $350,000.00 Threshold for Application of the Assessment to a Lodging Property and Authorizing Collection and Remittance of Assessments. PUBLIC COMMENTS: None. ACTION: Moved/seconded (Giudice/Hollingsworth-Adams) to adopt Resolution 2022-096. Motion carried by the following 3-0-2 roll call vote: AYES: Giudice, Hollingsworth-Adams, and Elward, NOES: None, ABSENT: Stafford and Rodriguez, ABSTAINS: None. City of Rohnert Park Joint Regular Meeting Minutes for City Council September 13, 2022 RPFA/CDC Successor Agency Page 4 of 5 8. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: None. B. Liaison Reports: None. C. Outside Agency Appointments: 1. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) (9/12) (Giudice/Elward) Mayor Elward reported on this meeting. D. Other Reports: 1. Golden Gate Bridge, Highway & Transportation District (8/26) (Giudice) Councilmember Giudice reported on this meeting. 2. Latino Cultural Experience (8/26) (Vice Mayor Rodriguez) Vice Mayor Rodriguez was not present to report on this event. 3. Sonoma County Local Agency Formation Commission (LAFCO) (9/7) Councilmember Stafford was not present to report on this meeting. 4. 2022 League of California Cities Annual Conference and Expo (9/7-9/9) (Mayor Elward & Vice Mayor Rodriguez) Mayor Elward reported on this conference. 9. COMMUNICATIONS Councilmember Hollingsworth-Adams stated for the record that she received a letter from April Garcia and requested an agenda item or a report from Public Safety and Community Services to discuss the $31,000 fee paid by Rohnert Park Soccer Club to use the field. Councilmember Giudice and Mayor Elward supported Councilmember Hollingsworth- Adams’ request to add this item to a future agenda. 10. PUBLIC COMMENTS Gary Coffman spoke about parking and street sweeping. 11. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: A. At 6:19 p.m., Mayor Elward made the closed session announcement pursuant to Government Code §54957.7 to consider: Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code §54956.9(d)(2): (One Case) B. Mayor Elward reconvened the Joint Special Meeting open session at 7:12 p.m. to report on Closed Session (Government Code §54957.1) indicating no reportable action. 12. ADJOURNMENT Mayor Elward adjourned the joint regular meeting at 7:12 p.m. City of Rohnert Park Joint Regular Meeting Minutes for City Council September 13, 2022 RPFA/CDC Successor Agency Page 5 of 5 _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk for Jackie Elward, Mayor Amanda Foley Clerking the Meeting City of Rohnert Park City of Rohnert Park ITEM NO. 6.G.2. MINUTES OF THE SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday September 13, 2022 Conference Room 2A 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Elward called the special meeting to order at 2:00 p.m., the notice for which being legally noticed on September 8, 2022. Present: Jackie Elward, Mayor Gerard Giudice, Councilmember Susan Hollingsworth-Adams, Councilmember Pam Stafford, Councilmember Absent: Samantha Rodriguez, Vice Mayor Staff present: City Manager Jenkins, City Attorney Kenyon, and Administrative Assistant Andrews. 2. CLOSED SESSION A. Public Comments: None B. Mayor Elward made the closed session announcement pursuant to Government Code §54957.7 to consider: Public Employee Appointment / Public Employment; Title: City Manager (Government Code §54957(B)) C. Mayor Elward reconvened the Joint Special Meeting open session to report on Closed Session (Government Code §54957.1) indicating no reportable action. 3. ADJOURNMENT Mayor Elward adjourned the special meeting at 4:21 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk for Jackie Elward, Mayor Marie Andrews Clerking the Meeting City of Rohnert Park City of Rohnert Park City of Rohnert Park Special Meeting Minutes for City Council September 8, 2021 Page 2 of 2 These minutes were adopted by the Council of the City of Rohnert Park on September 27, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ITEM NO. 7.A. 1 Meeting Date: September 27, 2022 Department: Public Safety Submitted By: Tim Mattos, Director of Public Safety Mary Grace Pawson, Director of Development Services Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Kevin S. Kilgore, Deputy Chief of Public Safety Agenda Title: Adopt a Resolution Authorizing a Budget Amendment for Expenses to Address Impacts of Homelessness and Discussion and Direction to Staff Regarding Options for Rohnert Park Department of Public Safety Temporary Satellite Office RECOMMENDED ACTIONS: 1. Adopt a resolution for FY 22-23 budget amendments for the COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000) totaling $155,000. 2. Direct staff not to pursue a lease for a satellite office. BACKGROUND: Homelessness is a long-standing, complex and challenging issue for Rohnert Park and many other cities in California. The City has developed a comprehensive response strategy that combines services and enforcement and has secured a state grant to construct and operate a 60- unit interim housing facility (Labath Landing), which will open in October 2022. The City’s team has also cleaned up over 80 encampments over the last three years, and as of this writing there are three active encampments that staff is working to manage (see attachment 1). As Council is aware, even with these efforts, significant challenges remain. For the City of Rohnert Park, one particularly challenging area is the northern portion of the City where unsheltered persons have moved freely between Santa Rosa, the unincorporated county and Rohnert Park. Currently, a significant encampment is located at the Roberts Lake Park and Ride. On June 28, 2022, the City Council provided direction on several items to mitigate the impacts of this encampment on the surrounding neighborhood. These included: a. Adding $30,000 for Public Safety Officer overtime to provide additional patrol in and near the encampment. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.A. 2 b. Adding $50,000 to harden the fence between Roberts Lake Park and Rogers Plaza. c. Adding funding needed to dedicate a sergeant to the COPS team including associated equipment. d. Researching a satellite public safety office in Rogers Plaza to house the Community Oriented Problem Solving (COPS) team. On the strength of this direction, the authorized Public Safety overtime and fence hardening work has been initiated and is ongoing. The dedicated COPS sergeant has been assigned and is actively working with the COPs team to regularly patrol the areas of the City impacted by encampments and respond to requests for service. At this time, staff estimates that the COPs team is dedicated almost full time to homelessness issues with the expressed goal of having a strong presence in the Roberts Lake Road area in an effort to deter unlawful and nuisance behavior and respond promptly to requests for service. Currently, the encampment located at the Robert’s Lake Park and Ride and the businesses located across the street are receiving continual police presence and enforcement during the week days and during daytime hours With the scheduled October 2022 opening of Labath Landing, a number of individuals currently residing at the Robert’s Lake encampment will be relocated to the transitional housing units, thereby reducing the size of the current encampment. To address existing nuisances, increase safety of occupants, minimize fire risks, ensure access to the encampment by emergency vehicles and fire/medical responders, staff are anticipating a re-organization of the existing encampment at Roberts Lake Park and Ride to reduce its size, and add full-time security and additional social service resources. The COPS Team will provide a heavy presence during this transition and will be on-site, and in the area much of the day to ensure a safe re-organization of the current encampment. This staff report focuses on the options related to creating a satellite public safety office in the Roberts Lake Road Area in the context of the current and planned investments in resolving the Roberts Lake Road encampment and recommends the budget amendments necessary to fund the overtime, equipment and fence hardening project. ANALYSIS: Staff have identified three options for council consideration which include: • Option 1: Continue the planned encampment resolution work without a satellite office. This option will involve ongoing commitment of the COPS team and encampment downsizing and management concurrent with the opening of Labath Landing. It will require budget amendments to cover the Public Safety overtime and equipment and the fence hardening project. • Option 2: Continue the planned encampment resolution work with a satellite office in a vacant, second floor suite in the commercial building located in Rogers Plaza. In addition to activities described under Option 1, this option will involve the lease costs outlined below: o Term:18-month lease o Cost: $49,996 (based on minimum18-month term required by the lessor) ITEM NO. 7.A. 3  Lease = $33,400.80. This includes a monthly rent of $1,405.60, $200/month for PG&E, and $250/month for Comcast cable, or $1,855.60/month total for 18 months, plus the $1,855.60/month for October, November, and December 2022.  One-time expenses = $16,595.20. This includes furniture ($9,000), a security deposit ($2,611.20), and IT-related expenses ($4,984). o Renewal: Automatic renewal with options to cancel with at least a 60-day notice, and 3% annual rent increases. • Option 3: Continue the planned encampment resolution work with a satellite office in a vacant, second floor suite in the stand-alone octagon building in Rogers Plaza. In addition to activities described under Option 1, this option will involve the lease costs outlined below: o Term: 6-month lease with option for one six-month extension and month to month after the first year. o Cost: $24,284 (based on 6-month term)  Lease = $1,550/month. This includes a monthly rent of $1,100 (for the first year, and $1250 thereafter), $200/month for PG&E, and $250/month for Comcast cable, or $1,550/month total. City s taff are still negotiating provisions related to payment of the landlord’s operating expenses.  One-time expenses = $14,984. This includes furniture ($9,000) and IT- related expenses ($4,984), and a security deposit ($1,000). o Renewal: No renewal due to month-to-month. Advantages and disadvantages of creating a satellite office: The advantages of creating a satellite office are the following: • Because the satellite office will allow the COPS team and possible Beats 1 and 2 to use the location when they are not actively patrolling or responding to calls, Options 2 and 3 will provide an occasional increased police presence, with its potential deterrent effects, and potentially quicker response times to Rogers Plaza, Roberts Lake Encampment, and the northwest portion of the city during the daytime. The disadvantages of creating a satellite office are the following: • Though a satellite office provides another location for Public Safety Officers to conduct work-related business, both the COPS Team and beat officers are proactive and will be in the field the majority of the time the location is open, minimizing the potential deterrent effects. • Because the satellite station is temporary, few resources will be available for Public Safety Officers to conduct all work-related business compared to what can be conducted at the main station (e.g., evidence processing, booking processes, etc.) • Because of the availability of command staff, the satellite station will not be staffed 24 hours/7 days a week. The location will be used by the COPS Team and beat officers on weekdays during daytime hours, (8:00 am to 5:00 pm) ITEM NO. 7.A. 4 • The required technology upgrades and furniture will be a sunk cost for the City that cannot be recovered. • Both satellite locations offer second floor suites that are not visible without having to look for them. Based on the City’s existing commitment to reducing the size and impact of the Roberts Lake Road encampment and the relatively few advantages that the satellite office brings to this plan, staff is recommending Option 1, which will not include a satellite office. If Council wishes to pursue the satellite office concept, staff would recommend Option 3 because the shorter lease term reduces the cost and provides the City with more flexibility. Need for a budget amendment: While all the positions assigned to the COPS team are funded, the COPS sergeant will need a new vehicle at a cost of $75,000. Council has also authorized $30,000, which is necessary to cover the current response efforts as well as the planned encampment downsizing, and $50,000 to manage the fence hardening project. A budget amendment is necessary to support this work and the funding sources are discussed below. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: While not directly aligned with the City’s Strategic Plan or Council priorities, the proposed action responds to City Council direction and expressed community concern. OPTIONS CONSIDERED: Option 1: (Recommended): 1. Continue the planned encampment resolution work without a satellite office and approve resolution for FY 22-23 budget amendments for the COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000). This option is recommended because though the location of a satellite office may provide a remote location that is closer to the Roberts Lake Encampment, it does not guarantee there will be a more visible presence of police in the area than what is already present, it does not guarantee a quicker response time, it does not provide all resources needed by RPDPS personnel, the cost of technology upgrades and one-time expenses cannot be recouped, and this solution is temporary and will not provide a permanent solution. 2. Approve resolution for FY 22-23 budget amendments for the COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000). Option 2: (Not Recommended): Continue the planned encampment work and direct staff to finalize negotiations for a lease for a temporary Public Safety satellite location in the commercial building location – vacant, second floor suite located in the commercial building located in Rogers Plaza (18-month lease, plus the remaining three months of 2022, equaling a lease cost of $38,967.60). Under this option, staff would request that Council approve a resolution for FY 22- 23 budget amendments for the COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000) at this time and would return with additional budget amendments to cover lease costs. Option 3: (Not Recommended): Continue the planned encampment work and direct staff to finalize negotiations for a lease for a Public Safety satellite location in the octagon building location – vacant, second floor suite located in the free-standing, octagon building located in Rogers Plaza (month-to-month lease, equaling a lease cost of approximately $1,550/month). Under this option, staff would request that Council approve a resolution for FY 22-23 budget ITEM NO. 7.A. 5 amendments for the COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000) at this time and would return with additional budget amendments to cover lease costs. FISCAL IMPACT/ FUNDING SOURCE: The following are the fiscal impacts for each option: • Option 1 (Continue encampment resolution plan without a satellite office): $155,000 o COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000). • Option 2 (Continue encampment resolution plan with a lease of a commercial office in Rogers Plaza): $204,996. o COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000). o 18-month lease, plus the remaining three months of 2022, equaling a lease cost of $33,400.80) o One-time expenses = $16,595.20. This includes furniture ($9,000), a security deposit ($2,611.20), and IT-related expenses ($4,984). • Option 3 (Continue encampment resolution plan a lease of free-standing, octagon building in Rogers Plaza): $168,984 plus $1,550/month o COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000). o Minimum lease cost of $9,300 for a six-month term with options to extend. o One-time expenses = $13,984. This includes furniture ($9,000), and IT-related expenses ($4,984). o COPS Sergeant’s vehicle ($75,000), fence hardening ($50,000) and Public Safety overtime ($30,000). Staff proposes to appropriate $105,000 from the Casino MOU Neighborhood Upgrade Fund, which has a balance of $189,000, for the costs of overtime ($30,000) and a sergeant’s vehicle ($75,000). Staff proposes to fund the fence hardening ($50,000) from Public Works Homelessness Budget Unit. Public Works has secured a $290,000 grant from CalRecyle for its new Trash Cleanup Program which will offset $83,295 of expenses in this budget unit, freeing up the appropriations for other uses. Because the CalRecycle Grant Notice to Proceed has just been received, internal fund accounts have not yet been established. The proposed resolution authorizes the Finance Director to make the necessary budget amendments to accommodate the recommended actions. Department Head Approval Date: September 20, 2022 Finance Director Approval Date: September 20, 2022 ITEM NO. 7.A. 6 City Attorney Approval Date: September 20, 2022 City Manager Approval Date: September 21, 2022 Attachments: 1. Encampment map 2. Satellite Office lease locations map 3. Resolution Attachment 1 Encampments in Rohnert Park Attachment 2 Satellite Office locations at Rogers Plaza RESOLUTION NO. 2022-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE FY 2022-23 BUDGET TO APPROPRIATE $155,000 TO FUND OFFICER OVERTIME, VEHICLE SUPPORT TO THE COPS SERGEANT AND FENCE HARDENING TO RESPOND TO HOMELESSNESS WHEREAS; homelessness is a highly complex issue facing the City of Rohnert Park and other communities throughout the country; and WHEREAS, a significant encampment is located at the Roberts Lake Park and Ride, located at the northern border of Rohnert Park; and WHEREAS, the Community-Oriented Problem Solving (COPS) team is a unit of sworn Public Safety Officers and Public Safety Sergeant funded by Casino Mitigation funds; and WHEREAS, at the June 28, 2002, Council Meeting, the City Council provided direction on several items intended to mitigate the impacts of the Roberts Lake encampment on the surrounding neighborhood; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve increased budget appropriations to support the following activities: • $30,000 for officer overtime to provide additional patrol in and near the encampment; • $75,000 for a vehicle to support the COPS sergeant; • $50,000 to harden the fence between Roberts Lake Park and Rogers Plaza. BE IT FURTHER RESOLVED that the Assistant City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park and the Finance Director to make the necessary budget amendments within the Casino Mitigation, Public Safety Homelessness Budget, and the Public Works Homelessness Budget Units. DULY AND REGULARLY ADOPTED this 27th day of September 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Rohnert Park Department of Public Safety •Expenses to address impacts of homelessness •Options for RPDPS temporary satellite office Background Homelessness response strategy ◦Combines services and enforcement ◦Building 60-unit interim housing facility to open October 2022 Existing encampment will reduce in size and be reorganized to increase safety, and full-time security will be provided ◦Cleaned up over 80 encampments over the last three years Background Council direction to mitigate Roberts Lake encampment ◦Add $30,000 for Public Safety officer overtime patrols Status: Initiated and ongoing ◦Add $50,000 to harden fencing Status: Initiated and ongoing ◦Fund a dedicated COPS sergeant Status: Assigned and actively working encampment patrols COPS Team is dedicated almost full time to homelessness issues ◦Research satellite RPDPS office in Rogers Plaza Analysis of Satellite RPDPS Office OPTION 1 Continue working without satellite office OPTION 2 Satellite office in commercial building OPTION 3 Satellite office in standalone building Overtime, equipment, and fence hardening expenses $155,000 $155,000 $155,000 Lease term 18 months 6 months Rent / utilities $0 $38,967.60 +3% annual rent increases $24,284 One-time expenses (furniture, security deposit, IT setup) $0 $16,595.20 $14,984 Renewal Automatic renewal, 60-day notice to cancel Month-to-month Analysis of Satellite RPDPS Office Advantages ◦Occasional increased police presence Possible deterrent effects ◦Potentially quicker response times Analysis of Satellite RPDPS Office Disadvantages ◦Officers work in the field most of the time Minimizes deterrent effects ◦Limited resources for officers to complete their work No evidence processing area, etc. ◦Second floor locations aren’t visible Minimizes deterrent effects ◦Limited staffing of satellite office to weekdays, 8am-5pm ◦Technology, furniture, etc. are a sunk cost Recommended Actions Option 1, continue working without satellite office ◦City is committed to reducing size and impact of encampment ◦Relatively few advantages of satellite office Does not guarantee greater visible police presence or response times Does not provide all resources needed by RPDPS personnel Costs cannot be recouped Does not provide a permanent solution Recommended Actions Authorize budget amendment ◦Appropriate $105,000 from Casino MOU Neighborhood Upgrade Fund Vehicle for COPS sergeant $75,000 Public Safety overtime $30,000 ◦Appropriate $50,000 from Public Works Homelessness Budget Unit, offset by CalRecycle grant Fence hardening $50,000 Questions? From: To:CityClerk Subject:FW: Request for Police Northern Annex at Rogers Plaza Date:Tuesday, September 27, 2022 10:31:06 AM This is probably intended for the record on this item. From: Joyce Rogers < Sent: Tuesday, September 27, 2022 10:30 AM To: Pawson, Mary Grace <mpawson@rpcity.org> Subject: Request for Police Northern Annex at Rogers Plaza EXTERNAL EMAIL Hello Mary Grace Pawson, In February of 2022, Mayor Gerard Giudice and the Unsheltered Task Force reached out to me and the tenants of Rogers Plaza because of our close proximity to the Homeless Encampment . They discussed possible solutions for the harm that was being caused by some of the people from the homeless encampment. The City's commitment to help Rogers Plaza and Bear Republic gave us hope that our nightmare would end. Rogers Plaza is the only shopping center with a homeless encampment located across the street. My tenants are afraid for their employees and their customers. The most important time for my tenants to have police visibility and presence on site is between 8am and 5pm when they are open for business. When there is physical and visible police presence in Rogers Plaza, the stealing and violence from the homeless camp decreases dramatically. Please locate the Police Northern Annex at Rogers Plaza! We need your help! Thank you, Joyce Rogers -- Rogers Plaza Supplemental Item 7.A. Added 9/27/22 at 2:30 p.m. ITEM NO. 7.B. 1 4890-9195-2944.3 Meeting Date: September 27, 2022 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Adopt a Resolution Approving Associate Membership in California Enterprise Development Authority (“CEDA”) and Form of Associate Membership Agreement, Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing for Issuance of $7,000,000 of CEDA Tax- exempt Conduit Obligations for the Benefit of United Cerebral Palsy of the North Bay, Inc. (“UCPNB”), and Adopt Resolution Approving the Issuance of Tax-exempt Conduit Obligations for Benefit of UCPNB RECOMMENDED ACTION: 1. Adopt a resolution approving associate membership of the City of Rohnert Park in the California Enterprise Development Authority and approving the form of Associate Membership Agreement. 2. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance of tax-exempt conduit obligations by the California Enterprise Development Authority (“CEDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $7,000,000, (the “Obligations”), to (a) finance, refinance and/or reimburse to the Borrower for the cost of acquiring, constructing, renovating, remodeling, installing, equipping and furnishing the facilities located at 6591-6599 Commerce Boulevard, Rohnert Park, California 94928 (the “Facilities”), and (b) pay certain financing costs and costs of issuance in connection with the issuance of the Obligations (collectively, the “Project”). 3. Adopt a resolution to approve the issuance of the Obligations by CEDA to finance the Project for the benefit of United Cerebral Palsy of the North Bay, Inc. (“UCPNB”) BACKGROUND: United Cerebral Palsy of the North Bay (UCPNB) has asked the City for assistant in facilitating the financing of purchasing and improving facilities in Rohnert Park. This assistance includes holding a public hearing under the Tax Equity and Fiscal Responsibility Act, or TEFRA. The reason for pursuing financing in this manner is to allow UCPNB to reduce its borrowing cost in owning its facilities and thereby preserve funds for serving UCPNB’s clients. The City has used this process in the past for other requests. This process does not expose the City to financial risk. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.B. 2 4890-9195-2944.3 The TEFRA process requires UCPNB to use a third party to issue bonds. UCPND is working with the California Enterprise Development Authority (CEDA), a joint exercise of powers authority (JPA) established by the California Association for Local Economic Development (CALED) to issue tax-exempt and taxable conduit revenue bonds to fund commercial and industrial development projects that provide a public benefit and serve residents within member jurisdictions. Cities and counties in California utilize joint powers authorities for economies of scale, to access specialized transaction knowledge and resources, and to avoid using valuable local staff time on these types of transactions. Over 200 cities and counties are associate members of CEDA. Adoption of the proposed Resolution approving associate membership of the City in the CEDA and approving the form of Associate Member Agreement would make these financing options available to organizations within City limits. UCPNB is an affiliate of United Cerebral Palsy (UCP), an international nonprofit charitable organization to advance the independence, productivity, and full participation in community life of people with various disabilities through its affiliate network. Each affiliate provides services tailored to children and adults they serve. UCPNB provides services for children and adults with disabilities and their families living in Sonoma, Napa, and Solano Counties. Their mission is to enhance the quality of life of people with cerebral palsy and other disabilities, their families, and their communities. THE PROJECT: UCPNB intends to use the bond proceeds to (a) finance, refinance and/or reimburse UCPNB for the cost of acquiring, constructing, renovating, remodeling, installing, equipping and furnishing the facilities located at 6591-6599 Commerce Boulevard, and (b) pay certain financing costs and costs of issuance in connection with the issuance of the bonds. The Facilities will be owned and operated by the UCPNB in connection with its charitable and public benefit purposes of enhancing the quality of life of people with cerebral palsy and other disabilities, their families and their communities, through its educational, employment and social service programs. FISCAL IMPACT/FUNDING SOURCE: The bonds are to be issued by CEDA. The City will have no obligation, liability or responsibility for the Project or the repayment of the bonds. All financing documents with respect to the issuance of the Obligations will contain clear disclaimers that the Obligations are not obligations of the City or the State of California. RECOMMENDED ACTION: It is recommended that the City Council: 1. Adopt the attached resolution approving associate membership of the City in the California Enterprise Development Authority and approving the form of Associate Membership Agreement. 2. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance of the Tax-Exempt Conduit Obligations by CEDA to finance, refinance and/or reimburse the cost of the Project. 3. Adopt the attached resolution approving the issuance of the Tax-Exempt Conduit Obligations by CEDA to finance, refinance and/or reimburse the cost of the Project for the benefit of the UCPNB. ITEM NO. 7.B. 3 4890-9195-2944.3 Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: September 12, 2022 Assistant City Manager Approval Date: September 12, 2022 Attachments 1. Resolution approving associate membership of the City in the California Enterprise Development Authority and approving the form of Associate Membership Agreement. 2. Associate Membership Agreement 3. Resolution approving the issuance of the Tax-Exempt Conduit Obligations by CEDA to finance, refinance and/or reimburse the cost of the Project for the benefit of the UCPNB. 4894-2887-5056.2 RESOLUTION NO. 2022-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF ROHNERT PARK IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY WHEREAS, the City of Rohnert Park, California (the “City”) is a California municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council (the “City Coucil”), may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the “JPA Law”) enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the Cities of Selma, Lancaster and Eureka have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the California Enterprise Development Authority (the “Authority”) and prescribing its purposes and powers; and WHEREAS, in furtherance of the City’s economic development efforts, the City desires to become an associate member of the Authority; and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and WHEREAS, the form of associate membership agreement (the “Associate Membership Agreement”) between the City and the Authority has been filed with the City, and the members of the City Council, with the aid of the City’s staff, have reviewed the Associate Membership Agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park, California, hereby finds, determines and declares as follows: Section 1. Associate Membership in the Authority. The City Council hereby approves associate membership by the City in the Authority. Section 2. Approval of Associate Membership Agreement. The City Council hereby approves the form of, and authorizes the Mayor, the City Manager or any designee of such officers, to execute the Associate Membership Agreement and authorizes the City Clerk to attest to such signature, in substantially the form on file with the City Clerk, together with any changes therein deemed advisable by the official signing the Associate Membership Agreement. Resolution 2022-101 2 4894-2887-5056.2 Section 3. Official Action. The Mayor, the City Manger, the City Clerk and other officers and officials of the City, are hereby authorized and directed to take all actions and do all things necessary with respect to associate membership in the Authority including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents which are necessary to effectuate the purposes of this resolution. Section 4. Effective Date. This Resolution shall take effect upon its adoption by the City Council. RESOLVED FURTHER, the City Clerk of the City of Rohnert Park, California shall certify the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of September 2022 by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ROHNERT PARK ________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Resolution 2022-101 3 4894-2887-5056.2 CERTIFICATE OF THE CITY CLERK I, Sylvia Lopez Cuevas, Assistant City Clerk of the City of Rohnert Park, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Rohnert Park duly and regularly held in Rohnert Park, California, on 27th day of September, 2022, of which meeting all of the members of said City Council had due notice. I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Rohnert Park hereto this ___ day of ___________, 2022. ___________________________________________________ Sylvia Lopez Cuevas, City Clerk 4889-4993-7968.2 ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITY OF ROHNERT PARK, CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT (this “Associate Membership Agreement”), dated as of [_____________] by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITY OF ROHNERT PARK, CALIFORNIA, a municipal corporation/political subdivision, duly organized and existing under the laws of the State of California (the “City”); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a “Member” and collectively, the “Members”), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an “Associate Member”); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows: 2 4889-4993-7968.2 Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by the Agreement and the Bylaws of the Authority. Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 5. Execution of the Agreement. Execution of this Associate Membership Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. 3 4889-4993-7968.2 IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By Gurbax Sahota, Chair of the Board of Directors Attest: By Michelle Stephens, Assistant Secretary CITY OF ROHNERT PARK ________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk 4893-1923-2816.2 RESOLUTION NO. 2022-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY’S REVENUE OBLIGATIONS FOR THE PURPOSE OF FINANCING, REFINANCING AND/OR REIMBURSING THE COST OF ACQUISITION, CONSTRUCTION, INSTALLATION, EQUIPPING AND FURNISHING OF CERTAIN FACILITIES FOR THE BENEFIT OF UNITED CEREBRAL PALSY OF THE NORTH BAY, INC. AND OTHER RELATED MATTERS WHEREAS, United Cerebral Palsy of the North Bay, Inc., a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Code (the “Borrower”), has requested that the California Enterprise Development Authority (the “Authority”) to issue, from time to time, pursuant to a plan of finance, of one or more series of its tax-exempt bonds, notes, or other evidence of indebtedness in an amount not to exceed $7,000,000 (the “Obligations”) for the benefit of the Borrower pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the “Act”), to (a) finance, refinance and/or reimburse to the Borrower for the cost of acquiring, constructing, renovating, remodeling, installing, equipping and furnishing the facilities located at 6591-6599 Commerce Boulevard, Rohnert Park, California 94928 (the “Facilities”), and (b) pay certain financing costs and costs of issuance in connection with the issuance of the Obligations (collectively, the “Project”); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the issuance of the Obligations by the Authority must be approved by the City Council of the City of Rohnert Park (the “City”) because the Project is to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Obligations under Section 147(f) of the Code and the requirements of the Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Obligations by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Obligations, and now desires to approve the issuance of the Obligations by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park as follows: Section 1. The foregoing recitals are true and correct. Resolution 2022-102 2 Section 2. The City Council hereby approves the issuance of the Obligations by the Authority, including but not limited to Obligations issued as part of a plan to finance the facilities described herein. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Obligations by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and the Agreement. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 4. This resolution shall take effect immediately upon its adoption. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of September 2022. CITY OF ROHNERT PARK ________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing and Related City Actions Mission: Advance the independence, productivity, and full participation of people with disabilities UCPNB leases City space by Senior Center Plans to acquire and remodel space on Commerce Blvd (behind Planet Fitness and Auto Zone) UCPNB reduces borrowing costs by issuing bonds through a Joint Powers Authority (JPA) JPA is California Economic Development Authority (CEDA) City needs to: ◦Join the JPA for UCPNB ◦Hold Public Hearing regarding issuance of bonds ◦Approve issuing the bonds No legal or financial risks Savings for UCPNB support their services And: City space will become available ITEM NO. 7.C. 1 Meeting Date: September 27, 2022 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Update Financial Crisis Response Plan City Council Policy Number 2.01.012 RECOMMENDED ACTION: Approve updates to the City’s Financial Crisis Response Plan City Council Policy Number 2.01.012. BACKGROUND: In 2018 the City Council approved a Financial Crisis Response Plan as one of the City’s financial policies (see Attachment 1). The purposes of the Plan include: 1. Providing early warning of a financial crisis. 2. Providing decision makers flexibility and choices in their response to a crisis. 3. Document potential responses in advance. 4. Preserve City services for the community by avoiding or minimizing layoffs, pay reductions, and benefit reductions in response to a financial crisis. Having a plan also offers peace of mind to decision makers and staff by knowing that the City has been thoughtful about options for a response before a crisis emerges. A crisis could include a significant economic downturn, or a major disaster as experienced by many local jurisdictions in recent years. DISCUSSION: It is appropriate to update the 2018 Plan because we are in a different financial situation: 1. Some of the options for a response identified in 2018 are no longer available. 2. We have changed our reserve policy for General Fund reserves, increasing the combined Operating (17%) and Contingency Reserve (5%) levels to 22%. While reserve levels have exceeded the policy minimums in the past, the current amounts reflect the policy requirements. 3. We have paid $24.3 million toward the City’s unfunded liabilities. This reduces the funds available for a crisis while freeing up funding for services. 4. We paid $12.5 million for the downtown property, reducing funds available during a crisis. 5. The success of the downtown will depend in part on the City’s ability to fund improvements and amenities. The costs for these improvements could be in the tens of millions of dollars. We have set aside $11.2 million toward these improvements and anticipate adding more funding during FY 22-23. 6. We are completing an assessment of the City’s buildings to provide a detailed understanding of their condition. While the report is not yet finalized, we expect it to show the need for at least 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 $10 million in repairs, and annual increases well above the current $2.7 million allocated for the infrastructure reserve this fiscal year. As with the prior plan, the updated version includes a series of indicators, or early warning signs, of a financial crisis. These include lower than expected revenues in sales or transient occupancy taxes. The Plan notes that these indicators are guide posts rather than set mandates, and that the responses can be implemented at any time by staff or the City Council regardless of whether the indicators are met. Also consistent with the existing plan, the options for responding are grouped into two levels. The first level focuses on budgeted funds which may be reduced, deferred, or eliminated for up to two years without a major immediate impact on services. The total $3.75 million per year. They are not listed in priority order and would all be considered at the time of a crisis. While these reductions would have relatively minor impacts on services, they would have longer-term consequences. For example, delaying contributions to vehicle replacement and IT replacement funds means that future contributions will need to increase to make up for the delayed payments. The Level 2 responses involve withdrawing reserves, trust fund assets, and funds assigned to the downtown project. These are not sustainable, should be viewed with caution, and used as a last resort. They total $6.15 million. When combined with the Level 1 reductions, the total of $9.9 million is nearly 20% of the FY 22-23 General Fund budget, a level consistent with the existing Plan. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Updating the Financial Crisis Response Plan is consistent with the priority of Fiscal Responsibility. OPTIONS CONSIDERED: Recommended Option: Staff recommends updating the Financial Crisis Response Plan because it provides the City with thoughtful options in advance of a crisis; this is an element of fiscal responsibility. Alternative: Staff also considered other options for the Plan and did not recommend them because we believe that the recommended options reflect the most prudent long-term consideration of the City’s finances. FISCAL IMPACT/FUNDING SOURCE: There is no immediate fiscal impact in updating the Financial Crisis Response Plan policy. The plan will help the City weather future financial storms. Code Compliance Approval Date: N/A Department Head Approval Date: N/A Finance Approval Date: September 12, 2022 Human Resources Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: September 20, 2022 Attachments: 1. Current Financial Crisis Response Plan 2. Proposed Updated Financial Crisis Response Plan CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 MINUTE ORDER 5/8/2018 5/8/2018 Page 1 of 5 1. PURPOSE The purpose of the Financial Crisis Response Plan is to:  Provide early warning of a financial crisis.  Provide decision makers flexibility and choices in their responses to a crisis.  Document potential responses in advance.  Preserve City services for the community by avoiding or minimizing layoffs, pay reductions, benefit reductions for service providers in response to a financial crisis. 2. SCOPE The scope of the indicators of a financial crisis and the potential responses are documented in the attached Financial Crisis Response Plan. The council may adopt revisions to the Financial Crisis Response Plan from time to time without amending or updating this policy. 3. BACKGROUND Municipal revenues are cyclical—fluctuating with the rising and falling tide of our local, state and national economies. Loss of a major employer, sales tax generator, or other events can negatively impact city revenue as well. The city may better prepare for the inevitable decline in revenues by developing and monitoring a set of early warning signs or indicators of financial trouble ahead and potential responses. 4. PROVISIONS It shall be the policy of the city to: 1. Maintain a Financial Crisis Response Plan 2. Monitor the indicators in the Financial Crisis Response Plan at least quarterly 3. Report to city council upon one of the indicators being triggered 4. Implement appropriate responses to triggered indicators in a timely manner. The implementation of responses will be done by the city manager in accordance with other policies. City council approval will be sought if the appropriate response exceeds the city manager’s authority. REVISION HISTORY: CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 MINUTE ORDER 5/8/2018 5/8/2018 Page 2 of 5 Financial Crisis Response Plan Municipal revenues are cyclical—fluctuating with the rising and falling tide of our local, state and national economies. Loss of a major employer, sales tax generator, or other events can negatively impact City revenue as well. In the last recession, City general fund revenues fell by $3 million (12.6%) and were below peak levels for five years. The City cut services, eliminated programs, reduced maintenance, and even laid-off employees during the last recession. The City may better prepare for the inevitable decline in revenues by developing and monitoring a set of early warning signs or indicators of financial trouble ahead. Depending on the severity of the indicator, corresponding potential actions may be considered in response. These indicators and responses are intended as guide posts and are not rigidly set mandates. Level 1 and Level 2 Responses can be implemented at any time by staff or the council as appropriate regardless of whether indicators are met. Financial Crisis Response Plan Goals:  Provide early warning of a financial crisis.  Provide decision makers flexibility and choices in their responses to a crisis.  Document potential responses in advance.  Preserve City services for the community by avoiding or minimizing layoffs, pay reductions, benefit reductions for service providers in response to a financial crisis. Level 1 Financial Crisis Indicators with magnitude of amount during last recession (includes when this measurement would have alerted the City to the last recession): A. Indication of actual negative revenue growth, based on year-over-year comparison, or B. Indication of revenue less than budget amounts by 5%, or C. Indication of three consecutive months of negative TOT receipts, based on a year-over-year comparison, or D. Indication of use of reserves for operations, or E. Indication of negative sales tax growth, based on year-over-year comparison, for two consecutive quarters. Estimated Responses:1 Amount 1. Suspend Reserve Contributions $ 200,000 2. Increase Use of Lost Revenue for Operations $ 500,000 1 See the next page for an explanation of the responses. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 MINUTE ORDER 5/8/2018 5/8/2018 Page 3 of 5 3. Departments Cut Budgets Up to 5% $1,000,000 4. Suspend GF Infrastructure Fund Contributions $1,000,000 5. Suspend Some Capital Purchases/Expenditures $ 50,000 6. Suspend GF Vehicle Replacement Fund Contributions $ 400,000 7. Suspend GF CERBT Retiree Medical Fund Contribution $ 300,000 8. Suspend Technology Replacement Fund Contribution $ 400,000 9. Suspend GF Retirement Trust Fund Contribution (PARS) $ 800,000 10. Examine or Revise the City’s Budget Process for Potential Savings $ Unknown Total Level 1 $4,650,000 Explanation of Responses – Level 1 1. Suspend Reserve Contributions: Per City policy, Operating Reserve is maintained at a minimum of 10% and Contingency Reserve is maintained at 5% of operating expenditures. Occasionally, when budgeted expenditures increase, contributions to reserves are budgeted to maintain minimum reserve levels. These contributions could be suspended in a crisis. 2. Increase Use of Lost Revenue for Operations: A portion of casino mitigation funds may be available to pay back the General Fund for lost property and sales tax due to the casino occupying land that was to be in the city limits and developed. 3. Departments Cut Budgets Up to 5%: The effectiveness of this strategy depends on when it is triggered. If it is early in the fiscal year, than there is time for the departments to adjust. If late in the year, it will be difficult to cut because expenditures have already been made. 4. Suspend General Fund Infrastructure Fund Contributions: Over the last few years the City has been able to contribute General Fund monies toward replacement of City infrastructure – buildings, streets, playgrounds, etc. This could be suspended. 5. Suspend Some Capital Purchases/Expenditures: Each year the City replaces a few capital items. These could be evaluated and possibly postponed. If they have already been purchased, this response is not possible. 6. Suspend General fund Vehicle Replacement Fund Contributions: Each year the City contributes toward replacement of City vehicles on a schedule. The contributions could be suspended and the vehicles replacements delayed in the future. 7. Suspend General Fund CERBT Retiree Medical Fund Contribution: Each year the City contributes funds toward its Retiree Medical Trust Fund held with California Employer’ Retirement Benefit Trust managed by CalPERS. These contributions can be suspended. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 MINUTE ORDER 5/8/2018 5/8/2018 Page 4 of 5 8. Suspend Technology Replacement Fund Contribution: For the last two years the City has set aside funds to replace major technology such as its enterprise financial system. These contributions can be suspended. 9. Suspend General Fund Retirement Trust Fund Contribution: Each year the City contributes toward its unfunded retirement liability via a trust fund with Public Agency Retirement System (PARS). These contributions can be suspended. 10. Examine or Revise the City’s Budget Process for Potential Savings: As the City works through a financial crisis, during budget development, it may make sense to switch budgeting method to “Zero Base Budgeting” or another more conservative budgeting method. Level 2 Financial Crisis Unlike the response measures in Level 1, which can provide for multiple-year budget reductions, Level 2 measures are one-time withdrawals of reserve and trust funds that once used are gone. Indicators: A. Indication of second year of actual negative revenue growth, based on year-over-year comparison (Apr 09) or B. Indication of revenue less than budget amounts by 10%—represents $3,200,000 (Oct 09) or C. Indication of Property Tax Assessment with a negative growth of 2% or more (Aug 09). Estimated Responses: Amount 1. Use General Fund Op. & Cont. Reserves (maintain policy minimums) $ 900,000 2. Use General Fund Contingency Reserve (below policy minimum) $1,800,000 3. Withdraw Retiree Medical Trust Funds (CERBT) $ 400,000 4. Withdraw Retirement Trust Funds (PARS) $ 600,000 Total Level 2 $3,700,000 Explanation of Responses – Level 2 1. Use General Fund Reserves (maintain policy minimums): Per City policy, Operating Reserve is maintained at a minimum of 10% and Contingency Reserve is maintained at 5% of operating expenditures. Occasionally, when the year-end actual revenues exceed expenditures by more than $500,000, a portion of the excess is set aside in each of the reserves. This can result in the CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 MINUTE ORDER 5/8/2018 5/8/2018 Page 5 of 5 Operating and Contingency Reserves exceeding the 10% and 5% policy thresholds. These assigned funds could be withdrawn. 2. Use General Fund Contingency Reserves (below policy minimum): Per City policy, Contingency Reserve is maintained at 5% of operating expenditures. The reserve is to “provide adequate capital in the event of a local disaster or unanticipated fiscal crisis.” These reserve funds could be withdrawn. 3. Withdraw Retiree Medical Trust Funds (CERBT): The City has invested funds with CERBT. Those funds may be withdrawn solely for paying for retiree medical benefits. The City pays about $1.4 million per year for retiree medical benefits. That amount could be withdrawn each year. However, while the balance in the trust fund is greater than the amount shown, during an economic downturn market losses are expected in the equity based investments of the trust fund. In order to not realize losses, use of the trust funds in recessions should be minimized to the extent possible. 4. Withdraw Retirement Trust Funds (PARS): The City has invested funds with in a retirement trust fund managed by PARS. Those funds may be withdrawn solely for paying retirement benefit expenses (PERS). The City pays about $5 million per year for retirement benefits. That amount could be withdrawn each year. See comment under #3 above regarding market losses. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 Page 1 of 5 1. PURPOSE The purpose of the Financial Crisis Response Plan is to: • Provide early warning of a financial crisis. • Provide decision makers flexibility and choices in their responses to a crisis. • Document potential responses in advance. • Preserve City services for the community by avoiding or minimizing layoffs, pay reductions, benefit reductions for service providers in response to a financial crisis. 2. SCOPE The indicators of a financial crisis and the potential responses are documented in this Financial Crisis Response Plan. The council may adopt revisions to the Financial Crisis Response Plan from time to time without amending or updating this policy. 3. BACKGROUND Municipal revenues are cyclical—fluctuating with the rising and falling tide of our local, state and national economies. Loss of a major employer, sales tax generator, or other events can negatively impact city revenue as well. The city may better prepare for the inevitable decline in revenues by developing and monitoring a set of early warning signs or indicators of financial trouble ahead and potential responses. 4. PROVISIONS It shall be the policy of the city to: 1. Maintain a Financial Crisis Response Plan. 2. Monitor the indicators in the Financial Crisis Response Plan at least quarterly. 3. Report to city council upon one of the indicators being triggered. 4. Implement appropriate responses to triggered indicators in a timely manner. The implementation of responses will be done by the city manager in accordance with other policies. City council approval will be sought if the appropriate response exceeds the city manager’s authority. REVISION HISTORY: ADOPTED 5/8/2018; REVISED 9/27/2022 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 Page 2 of 5 Financial Crisis Response Plan Municipal revenues are cyclical—fluctuating with the rising and falling tide of our local, state and national economies. Loss of a major employer, sales tax generator, or other events can negatively impact City revenue as well. In the last recession, City general fund revenues fell by $3 million (12.6%) and were below peak levels for five years. The City cut services, eliminated programs, reduced maintenance, and even laid-off employees during the last recession. The City may better prepare for the inevitable decline in revenues by developing and monitoring a set of early warning signs or indicators of financial trouble ahead. Depending on the severity of the indicator, corresponding potential actions may be considered in response. These indicators and responses are intended as guide posts and are not rigidly set mandates. Level 1 and Level 2 Responses can be implemented at any time by staff or the council as appropriate regardless of whether indicators are met. Financial Crisis Response Plan Goals: • Provide early warning of a financial crisis. • Provide decision makers flexibility and choices in their responses to a crisis. • Document potential responses in advance. • Preserve City services for the community by avoiding or minimizing layoffs, pay reductions, benefit reductions for service providers in response to a financial crisis. Level 1 Financial Crisis Indicators of a financial crisis: A. Indication of actual negative revenue growth, based on year-over-year comparison, or B. Indication of revenue less than budget amounts by 5%, or C. Indication of three consecutive months of negative TOT receipts, based on a year-over-year comparison, or D. Indication of use of reserves for operations, or E. Indication of negative sales tax growth, based on year-over-year comparison, for two consecutive quarters. Estimated Responses:1 Amount 1. Suspend Policy re: Use of General Fund Surplus $ 200,000 2. Increase Use of Lost Revenue for Operations $ 500,000 1 See the next page for an explanation of the responses. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 Page 3 of 5 3. Departments Cut Budgets Up to 5% $ 2,200,000 4. Suspend Some of GF Infrastructure Fund Contributions $ 200,000 5. Suspend Some Capital Purchases/Expenditures $ 50,000 6. Suspend Some of GF Vehicle Replacement Fund Contributions $ 550,000 7. Suspend Technology Replacement Fund Contribution $ 50,000 8. Examine or Revise the City’s Budget Process for Potential Savings $ Unknown Total Level 1 $ 3,750,000 Explanation of Responses – Level 1 1. Suspend Fiscal Policy 2.01.013 - Reserve Policy and the Use of General Fund Surplus: Per City policy, Operating Reserves are maintained at a minimum of 17% and Contingency Reserves at a minimum of 5% of operating expenditures. When budgeted expenditures increase, the policy calls for increasing contributions to reserves to maintain minimum levels. These contributions could be suspended in a crisis. However, in a crisis it is likely that revenues will be insufficient to increase contributions to reserves. 2. Increase Use of Lost Revenue for Operations: A portion of casino mitigation funds may be available to pay back the General Fund for lost property and sales tax due to the casino occupying land that was to be in the city limits and developed. This could involve suspending a capital improvement to fund operations. 3. Departments Cut Budgets Up to 5%: The effectiveness of this strategy depends on when it is triggered. If it is early in the fiscal year, than there is time for the departments to adjust. If late in the year, it will be difficult to cut because expenditures have already been made. Reductions could be carried forward to future years. 4. Suspend General Fund Infrastructure Fund Contributions: Over the last few years the City has contributed General Fund monies toward replacement of City infrastructure – buildings, streets, playgrounds, etc. The annual amount is typically about $1.2 million. A portion of this contribution could be suspended. The FY 22-23 budget includes $2.7 million for this fund. The FY 22-23 budget projects a year-end fund balance of $1.9 million for the Infrastructure Fund. 5. Suspend Some Capital Purchases/Expenditures: Each year the City replaces a few capital items. These could be evaluated and possibly postponed. If they have already been purchased, this response is not possible. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 Page 4 of 5 6. Suspend General fund Vehicle Replacement Fund Contributions: Each year the City contributes approximately $1.1 million toward replacement of City vehicles on a schedule. Some or all of the contributions could be suspended and the vehicles replacements delayed. 7. Suspend Technology Replacement Fund Contribution: The City sets aside funds to replace equipment as it reaches the end of its useful life; this set-aside could be suspended. The FY 22- 23 budget includes $50,000 for this contribution. 8. Examine or Revise the City’s Budget Process for Potential Savings: As the City works through a financial crisis, during budget development, it may make sense to switch budgeting method to “Zero Base Budgeting” or another more conservative budgeting method. Level 2 Financial Crisis Unlike the response measures in Level 1, which can provide for multiple-year budget reductions, Level 2 measures are one-time withdrawals of reserve and trust funds that once used are gone. Indicators: A. Indication of second year of actual negative revenue growth, based on year-over-year comparison, or B. Indication of revenue less than budget amounts by 10%, or C. Indication of Property Tax Assessment with a decline of 2% or more. Estimated Responses: Amount 1. Use Rohnert Park Foundation Fund Balance to fund Operations $ 500,000 2. Use One Third of General Fund Contingency Reserves $ 850,000 3. Use One Third of General Fund Operating Reserve $ 2,500,000 4. Withdraw Retiree Medical Trust Funds (CERBT) $ 800,000 5. Withdraw Retirement Trust Funds (PARS) $ 400,000 6. Withdraw 10% of Funds Assigned to Downtown $ 1,100,000 Total Level 2 $ 6,150,000 Explanation of Responses – Level 2 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: FINANCIAL CRISIS RESPONSE PLAN 2.01.012 Page 5 of 5 1. Use Foundation Fund Balance to Fund Operations: The Rohnert Park Foundation has a fund balance of $500,000. These funds could be directed to the most relevant City operations, likely in Community Services. 2. Use General Fund Contingency Reserves: Per City policy, the Contingency Reserve is maintained at 5% of operating expenditures. These reserves exist to help the City respond to a financial crisis. 3. Use General Fund Operating Reserves: Per City policy, Operating Reserve is maintained at a minimum of 17% of operating expenditures. These reserves exist to help the City respond to a financial crisis. 4. Withdraw Retiree Medical Trust Funds (CERBT): The City has invested funds with CERBT. Those funds may be withdrawn solely for paying for retiree medical benefits. The City pays about $1.6 million per year for retiree medical benefits. That amount could be withdrawn each year. However, during an economic downturn market losses are expected in the equity based investments of the trust fund. In order to not realize losses, use of the trust funds in recessions should be minimized to the extent possible. 5. Withdraw Retirement Trust Funds (PARS): From time to time the City has invested funds with in a retirement trust fund managed by PARS. When available, those funds may be withdrawn solely for paying retirement benefit expenses (PERS). Because the City has paid down retirement liabilities, the Trust funds are limited (approximately $450,000). See comment under #4 above regarding market losses. 6. Withdraw Funds Assigned to Downtown Project: The City has set aside $11.2 million toward developing the downtown property. These funds could be used to address a financial crisis. September 27, 2022 1 A Council priority A City value 2 Balanced Budgets Healthy Reserves Funding future expenses ◦Retirement, Buildings, IT, vehicles Planned Response before a Crisis ◦Early warning system of financial challenges ◦Some options identified in advance 3 Level 1 Indicators: Modest declines in revenue Level 2 Indicators: Large or sustained declines in revenue 4 1.Suspend reserve contributions ($200,000) 2.Use more lost revenue for ops ($500,000) 3.Cut Department budgets 5% ($2,200,000) 5 4. Suspend $850,000 for non-urgent items a. Infrastructure ($200,000) b. Capital equipment ($50,000) c. Vehicles ($550,000) d. Technology ($50,000) 5. Review City’s budget process 6. Total: $3,750,000 6 Modest reduction in services Minimal impacts on staff Spreads the pain over time ◦Will need to make up suspended funding for non-urgent Preserves funding for retirement Preserves funding for downtown Could continue for more than one year 7 1.Foundation Fund Balance for Operations ($500,000) 2.1/3 GF Reserves ($3,350,000) 3.Funds for future retirement ($1,200,000) 4.Use 10% of Downtown Funds ($1,100,000) Total: $6,150,000 Combined Level 1 and 2: $9,900,00 8 Level 1 Impacts ◦Modest reduction in services ◦Minimal impacts on staff ◦Spreads the pain over time Reduces funding for retirement obligations and downtown Once-only options Retain some cushion: reserves at15% of GF 9 Proposal minimizes short-term impacts Spreads pain over longer time Deeper cuts in short-term are an option ◦Would reduce long-term pain ◦Would significantly impact services and staff Identifying options does not commit to any of them 10 Adopt revised Financial Crisis Response Plan 11