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HomeMy WebLinkAbout2022/11/22 City Council Agenda Packet"We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING Tuesday, November 22, 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, by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central, or at our YouTube channel at https://www.youtube.com/CityofRohnertPark. 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 Revised 11/18/2022 at 1:25 p.m. to correct Municipal Code Section in Item 7.E. (corrected from 9.62.10 to 9.62.010) 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) 2.PLEDGE OF ALLEGIANCE 3.PRESENTATIONS 3.A Mayor's Recognition: Honoring the Federated Indians of Graton Rancheria for their Community Contributions and Support of Homeless Services in Rohnert Park Item 3.A. 3.B Mayor's Recognition: Honoring Homeless Task Force Members for Their Hard Work and Dedication to Addressing Homelessness in Rohnert Park Item 3.B. 4.DEPARTMENT HEAD BRIEFINGS 4.A City Clerk's Update Regarding City's Commissions, Committees and Boards Vacancies, Recruitment and Application Deadline Item 4.A PowerPoint Presentation 5.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 6.CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code Section 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. CITY COUNCIL STRATEGIC PRIORITIES: 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 Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. Council Motion/Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) 6.A Acceptance of Reports from Finance Department: City Bills/Demands for Payment dated November 1 through November 14, 2022 Item 6.A. 6.B Approval of Minutes for: City Council/RPFA/Successor Agency Joint Regular Meeting November 8, 2022 Item 6.B. 6.C Cancel City Council Joint Regular Meeting on December 27, 2022 due to the Holiday Season Item 6.C. 6.D Authorize the City Manager to Execute Consultant Service Agreement Amendment 1 for an additional $28,975.00 with Substrate, Inc. for Additional Construction Management Services in a Total Amount not to exceed $153,975.00 Item 6.D. 6.E Waive Second Reading of and Adopt Ordinance No. 971, an Ordinance of the City Council of the City of Rohnert Park, Repealing and Replacing Chapters 15.04 through 15.28 of Title 15 “Buildings and Construction” of the Rohnert Park Municipal Code to Adopt by Reference the 2022 California Building Standards Code with Local Amendments as Set Forth in Chapters 15.04 (General Provisions), 15.08 (Building Code), 15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and Construction” (CEQA Status: Exempt Under Section 15061(b)(3)) Item 6.E. 6.F Adopt Resolution 2022-109 Accepting the Vast Oak North Phase 3A Wet Utility Improvements and Directing Related Actions and Adopt Resolution 2022-110 Accepting the Vast Oak North Phase 3B Wet Utility Improvements and Directing Related Actions Item 6.F. 6.G Adopt Resolution 2022-111 Authorizing and Approving a Letter to the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Officers’ Association (RPPSOA) Item 6.G. 7.REGULAR ITEMS 7.A Discussion and Direction Regarding Proposal to Accelerate Major Backbone Infrastructure to Facilitate Development of a Walkable Mixed-Use Downtown Area and Updating the Planning Entitlements (CEQA Status: Consistent with the Environmental Impact Report for the Central Rohnert Park Priority Development Area) A. Staff Report B. Public Comments C. Council Discussion/Direction Item 7.A. Item 7.A. PowerPoint Presentation 7.B Discussion and Direction on Changes to Development Services Positions A. Staff Report B. Public Comments C. Council Discussion/Direction Item 7.B. Item 7.B. PowerPoint Presentation 7.C Discussion and Direction on Placing a California Refund Value Redemption Center in Rohnert Park A. Staff Report B. Public Comments C. Council Discussion/Direction Item 7.C. Item 7.C. PowerPoint Presentation 7.D PUBLIC HEARING: Consider Introducing by Title Only and Waiving Reading of Ordinance No. 972, an Ordinance Amending Rohnert Park Municipal Code Title 17 Zoning in Response to Recent Changes to State Law Concerning Accessory Dwelling Units and Junior Accessory Dwelling Units (CEQA Status: Exempt, Pub. Res. Code 21080.17) A. Staff Report B. Public Hearing C. Ordinance for Introduction: Ordinance No. 972, an Ordinance of the City Council of the City of Rohnert Park, California, Amending Rohnert Park Municipal Code Title 17 - Zoning, Section 17.07.020 (Footnotes) Regulating Accessory Dwelling Units and Junior Accessory Dwelling Units D. Council Motion/Roll Call Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) Item 7.D. Item 7.D. PowerPoint Presentation 7.E Consider Introducing by Title Only and Waiving Reading of Ordinance No. 973, an Ordinance of the City Council of the City of Rohnert Park Amending Rohnert Park Municipal Code Sections 9.62.010 Regarding Rentals of City Parks and Recreational Facilities A. Staff Report B. Public Comments C. Ordinance for Introduction: Ordinance No. 973, an Ordinance of the City Council of the City of Rohnert Park Amending Rohnert Park Municipal Code Sections 9.62.010 Regarding Rentals of City Parks and Recreational Facilities D. Council Motion/Roll Call Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____) Item 7.E. Item 7.E. 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 (11/15) (Rodriguez/Stafford) 8.C Outside Agency Appointment Reports: 1. Zero Waste Sonoma (11/17) (Stafford/Vanessa Garrett) 2. Mayors and Council Members' Association of Sonoma County Legislative Committee (11/18) (Elward/Rodriguez) 8.D Other Reports: 1. Dia de Los Cien (11/3) (Mayor Elward) 2. Association of Bay Area Government (ABAG) Executive Board (11/17) (Hollingsworth Adams) 3. Golden Gate Bridge, Highway & Transportation District Board of Directors (11/18) (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.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. 11.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 Honoring THE FEDERATED INDIANS OF GRATON RANCHERIA For their Community Contributions and support of Homeless Services in Rohnert Park As Mayor, and on behalf of the Rohnert Park City Council, I hereby recognize the Federated Indians of Graton Rancheria for their continued partnership and generous contributions to the City of Rohnert Park. The Federated Indians of Graton Rancheria, through the Memorandum of Understanding with the City of Rohnert Park, have made countless monetary contributions to the City of Rohnert Park and local community over nearly a decade. The Federated Indians of Graton Rancheria have gone above and beyond by providing a recent donation of $201,510 to the City of Rohnert Park for homeless services. Their generous contribution will help the City’s goal of reducing homelessness in our community. It is our great honor and privilege to recognize and thank the Federated Indians of Graton Rancheria for their ongoing contributions, generous donation, and positive impact to our community. We hope others will be inspired by their commitment and partnership with our community. Signed this 8th day of November 2022 By: _________________________________________ Jackie Elward, Mayor Item 3.A. Honoring H OMELESS T ASK F ORCE M EMBERS K EITH A STLEY, J ENNA G ARCIA, V ANESSA G ARRETT, T REVOR G ENTRY, A SHLY H ROMEK, A ARON J OHNSON, T OM K ELLY, J ON K EMPF, K EVIN K ILGORE, J ON L OWDEN, T IM M ATTOS, M ARY G RACE P AWSON, E MILY Q UIG, D ON S CHWARTZ, M ATT S NODGRASS, C HRIS S NYDER, B ILLY W ILSON F or Their Hard Work and Dedication to Addressing Homelessness in Rohnert Park As Mayor, and on behalf of the Rohnert Park City Council, I hereby recognize the Rohnert Park Homeless Task Force for their many hours of service and contributions to the number one concern in our community, homelessness. They have worked hard to address homeless issues by helping to create policies, trash strategies, camping ordinances, and by their extraordinary work to develop and construct a managed encampment and new temporary housing at Labath Landing on a short deadline. We want to express our heartfelt gratitude for their endless dedication and thoughtfulness in bringing a positive impact to the lives of our fellow men, women, and youth currently living on Rohnert Park’s streets. Their commitment, creativity and collaboration in addressing the challenges the homeless face demonstrates that each of us can make a difference. Signed this 22nd day of November 2022 By: _________________________________________ Jackie Elward, Mayor Item 3.B. Item 6.A. ITEM NO. 6.B. 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, November 8, 2022 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING/FOUNDATION MEETING - CALL TO ORDER/ROLL CALL Mayor Elward called the joint regular meeting to order at 5:01 p.m., the notice for which being legally noticed on November 3, 2022. Present: Jackie Elward, Mayor Samantha Rodriguez, Vice Mayor Gerard Giudice, Councilmember Susan Hollingsworth-Adams, Councilmember Pam Stafford, Councilmember Absent: None. Staff present: City Manager Jenkins, City Attorney Kenyon, Public Safety Director Mattos, Finance Director L. Tacata, Director of Development Services Pawson, Director of Community Services Bagley, Director of Public Works Garrett, Human Resources Director Cannon, Civilian Fire Marshall Thompson, Senior Engineer Brandt, Information Technology Manager Rowley, and Assistant City Clerk Machado. 2. PLEDGE OF ALLEGIANCE Led by Director of Public Works Garrett. 3. PRESENTATIONS A. Mayor's Recognition: Honoring Swinerton Builders for their Hard Work and Dedication to Constructing the Rohnert Park Homekey Project. Mayor Elward read the proclamation and presented it to Ryan Campbell, Senior Superintendent, Stuart Price, Project Executive, Jose Gutierrez, Foreman, and Holly York, Project Engineer of Swinerton Builders, Josh Tallez, Foreman of Vince Sigal Electric, and other employees of Vince Sigal Electric. B. Program of All-Inclusive Care for the Elderly (PACE) Center in Rohnert Park Presentation by Naomi Fuchs, Special Projects Consultant, Santa Rosa Community Health. Naomi Fuchs spoke about the Program of All-Inclusive Care for the Elderly, the Age Well PACE, and the services provided by PACE. City of Rohnert Park Joint Regular Meeting Minutes November 8, 2022 for City Council RPFA/CDC Successor Agency Page 2 of 5 4. DEPARTMENT HEAD BRIEFING A. Halloween Carnival with Dia de los Muertos Celebration and The Haunt Update by Director of Community Services Bagley Director of Community Services Bagley provided a review of The Haunt and Dia de los Muertos Celebration. The Haunt was a fundraiser for the Performing Arts Center and they revenue was about $2,000. An estimated 3,000-4,000 people attended the Halloween Carnival with Dia de los Muertos Celebration and 22 people participated in the community altars. Cotati-Rohnert Park Unified School District raised over $4,000 for their outdoor education program during the event. Councilmember Stafford left the dais at 5:33 p.m. and returned to the dais at 5:34 p.m. B. November 8, 2022 Election Voting Center and Ballot Drop Box Locations City Manager Jenkins shared voting centers and ballot drop box locations in Rohnert Park. He reminded voters that the polls and ballot drop boxes are open until 8 p.m. today. 5. PUBLIC COMMENTS None. 6. CITY COUNCIL CONSENT CALENDAR 6.A Acceptance of Reports from Finance Department: City Bills/Demands for Payment dated October 18 through October 31, 2022 6.B Approval of Minutes for: City Council/RPFA/Successor Agency Joint Regular Meeting/Foundation Special Meeting, October 25, 2022 6.C Adopt Resolution 2022-108 Delegating the Risk Manager the Authority to Allow, Compromise, or Settle Claims Under the California Government Claims Act, Pursuant to Government Code Section 935.4 6.D Approve a Contract Agreement for Public Communications Services with Tripepi, Smith & Associates Inc., in an Amount Not to Exceed $208,265.40, and Authorize the City Manager and Assistant City Manager to Enter the Contract Agreement and Execute Contract Amendments to Modify the Scope of Services without Exceeding the Total Contract Amount 6.E Authorize the City Manager to Execute a Three-Year Microsoft Enterprise Agreement with SoftwareONE for a Not to Exceed Amount of $215,000 ACTION: Moved/seconded (Stafford/Giudice) to approve the consent calendar. Motion carried by the following unanimous voice 5-0-0 vote: AYES: Giudice, Hollingsworth-Adams, Rodriguez, Stafford and Elward NOES: None, ABSENT: None, ABSTAINS: None. 7. REGULAR ITEMS A. PUBLIC HEARING (Noticed: 10/28/2022 and 11/4/2022): Hold a Public Hearing to Consider Introducing by Title Only and Waiving First Reading of Ordinance No. 971 City of Rohnert Park Joint Regular Meeting Minutes November 8, 2022 for City Council RPFA/CDC Successor Agency Page 3 of 5 Repealing and Replacing Chapters 15.04 through 15.28 of Title 15 “Buildings and Construction” of the Rohnert Park Municipal Code to Adopt by Reference the 2022 California Building Standards Code with Local Amendments as Set Forth in Chapters 15.04 (General Provisions), 15.08 (Building Code), 15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and Construction” and Finding this Action Exempt from the California Environmental Quality Act (CEQA) Under Section 15061(b)(3) Director of Development Services Pawson and Fire Marshall Thompson presented this item. Recommended Action(s): 1. Hold a public hearing; 2. Introduce by title only, and waive first reading of Ordinance 971 repealing and replacing Chapters 15.04 through 15.28 of Title 15 “Buildings and Construction” of the Rohnert Park Municipal Code to adopt by reference the 2022 California Building Standards Code with local amendments as set forth in Chapters 15.04 (General Provisions), 15.08 (Building Code), 15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and Construction” and Finding this Action Exempt from the California Environmental Quality Act (CEQA) Under Section 15061(b)(3) Public Hearing Opened: 6:01 p.m. PUBLIC COMMENTS: Steve Keith spoke about needing clarification on whether changes to the code applies to only new construction or all buildings, information on the criteria used for designating a code as impactful and information on what the threshold for minimal is for fiscal impact of the changes. Public Hearing Closed: 6:03 p.m. ACTION: Moved/seconded (Stafford/Rodriguez) to introduce by title only and waive reading of Ordinance No. 971. Title read by City Manager Jenkins. Motion carried by the following unanimous roll call 5-0-0 vote: AYES: Giudice, Hollingsworth-Adams, Rodriguez, Stafford and Elward NOES: None, ABSENT: None, ABSTAINS: None. B. Discussion and Direction Regarding Use of Global Positioning Systems (GPS) on Department of Public Safety Vehicles Director of Public Safety Mattos presented this item. Recommended Action(s): Receive report and direct staff to move forward with the procurement of a new GPS system and development of policies and standard operating procedures for Department of Public Safety to enhance monitoring and management of department vehicles. PUBLIC COMMENTS: None. Council accepted the report. City of Rohnert Park Joint Regular Meeting Minutes November 8, 2022 for City Council RPFA/CDC Successor Agency Page 4 of 5 DIRECTION: By consensus (none opposed), Council directed staff to move forward with their recommended action to procure Global Positioning System (GPS) equipment for Department of Public Safety vehicles and develop policies and a standard operating procedure pertaining to vehicle tracking. Disclosure of potential conflict of interest: Councilmember Giudice stated he is recusing himself from Item 7.C. because he is a Rotary member and there is a potential conflict of interest due to the report containing information about funding from a Rotary club. Councilmember Giudice departed the meeting at 6:24 p.m. C. Discussion and Direction Regarding the Sister Cities Relations Committee Student Exchange Program Budget Director of Community Services Bagley presented this item. Recommended Action(s): Receive an update regarding funding for the Sister Cities Relations Committee Student Exchange Program budget and keep the appropriated budget as is and not fund the Program through General Fund dollars, and encourage the Committee to continue to seek other community partnerships. PUBLIC COMMENTS: None. DIRECTION: By consensus (none opposed, Giudice absent), Council directed staff to move forward with their recommended action. Councilmember Giudice returned to the meeting at 6:30 p.m. 8. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: None. B. Liaison Reports: None. C. Outside Agency Appointments: 1. Sonoma Clean Power (11/3) (Elward/Hollingsworth-Adams) Mayor Elward reported on this meeting. 2. Water Advisory Committee (WAC) to Sonoma Water (11/7) (Rodriguez/Stafford) Vice Mayor Rodriguez reported on this meeting. D. Other Reports: 1. Association of Bay Area Government (ABAG) Executive Board (10/28) (Hollingsworth-Adams) City of Rohnert Park Joint Regular Meeting Minutes November 8, 2022 for City Council RPFA/CDC Successor Agency Page 5 of 5 Councilmember Hollingsworth-Adams reported on this meeting. 2. Golden Gate Bridge, Highway & Transportation District Board of Directors (10/28) (Giudice) Councilmember Giudice reported on this meeting. 3. Sonoma County Local Agency Formation Commission (LAFCO) (11/2) (Stafford) Councilmember Stafford reported they did not meet. 9. COMMUNICATIONS None. 10. PUBLIC COMMENTS None. 12. ADJOURNMENT Mayor Elward adjourned the joint regular meeting at 6:37 p.m. _____________________________________ __________________________________ Elizabeth Machado, Assistant City Clerk Jackie Elward, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 6.C. 1 Meeting Date: November 22, 2022 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Cancellation of City Council Joint Regular Meeting on December 27, 2022 due to the Holiday Season RECOMMENDED ACTION: By Minute Order, cancel the Rohnert Park City Council Joint Regular Meeting scheduled for December 27, 2022 due to the holiday season. BACKGROUND: The City Council has the authority to establish meeting dates and times as well as reschedule or cancel such meetings with proper and timely notice. The City Council Protocols outline the conditions for cancelling a regularly scheduled meeting as follows: Chapter I, Section F Cancellation of Regular Meetings “any meeting of the Council may be canceled in advance by a majority vote of the Council.” The second regularly scheduled meeting in December is traditionally cancelled as a respite for city staff.1 Also, the public is less engaged in City government between Christmas and New Year holidays. Staff is requesting the City Council to cancel the City Council regular meeting on December 27, 2022 and direct the City Clerk to handle the required posting and noticing. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends cancelling the Rohnert Park City Council Regular Meeting scheduled for December 27, 2022 due to the holiday season. 2. Alternative: The City Council can maintain the current meeting schedule and hold the Rohnert Park City Council Regular Meeting on December 27, 2022. FISCAL IMPACT/FUNDING SOURCE: None. City Manager Approval Date: 11/9/2022 Attachments: None 1 Cancelled ten out of the last 11 years. 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. 1 Meeting Date: November 22, 2022 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Vanessa Garrett, Director of Public Works Agenda Title: Authorize the City Manager to Execute Consultant Service Agreement Amendment 1 for an additional $28,975.00 with Substrate, Inc. for Additional Construction Management Services in a Total Amount not to exceed $153,975.00 RECOMMENDED ACTION: By minute order authorize the City Manager to execute Amendment 1 for an additional $28,975.00 to the consultant service agreement with Substrate, Inc. for additional construction management services in a total amount not to exceed $153,975.00. BACKGROUND: The East Cotati Avenue Rehabilitation Project (East Cotati Project) is a pavement project from Snyder Lane to the western city limits (near Sunflower Park). The project involves replacing the asphalt and certain curb ramps and sidewalk. On May 10, 2022 City Council awarded a construction contract to Team Ghilotti, Inc. and approved a consultant service agreement with Substrate, Inc. for $125,000 for construction management and inspection service during the project. The original construction timeline was a 90 day contract. During the course of construction, existing sewer infrastructure, traffic control adjustments, and unforeseen activities required additional repairs prior to completing the pavement work. The project timeline extended 20 days, which staff requested additional construction management services from Substrate to complete the project. ANALYSIS: During construction, unforeseen field conditions required the contractor to perform additional work, including: •Sewer manhole rehabilitation •Traffic control adjustments during school hours •Pavement testing that took longer than could fit within the contract’s original schedule Due to the increase in overall construction activities, the construction management contract must also be extended. The additional time of inspection and construction management for the extra days costs an additional $28,975. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This action is consistent with the City Council’s strategic priority addressing Infrastructure, Maintenance and Beautification. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.D. 2 The infrastructure repair has improved the use for pedestrians, cyclists and drivers that utilize this segment of East Cotati Avenue. OPTIONS CONSIDERED: 1. Authorize the City Manager to execute Amendment 1 to the consultant service agreement with Substrate, Inc. for additional construction management services in a total amount not to exceed $153,975.00. This action is recommended by staff because it allows the City to complete planned Project 2017-17. 2. Do not give the City Manager authority to sign Amendment 1 to Consultant Service Agreement with Substrate, Inc. for the additional time. This option is not recommended because it would result in situation where the City would be unable to pay the consultant for the work performed during the course of this project. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is an additional $28,975.00 to execute the consultant service agreement with Substrate, Inc. The overall project has approximately $235,000 remaining balance. The increased costs of the change orders, staff time, and this consultant services agreement will not exceed the amount budgeted for the project and the project budget does not require an amendment. Department Head Approval Date: NA Finance Approval Date: 11/03/22 City Attorney Approval Date: 11/01/22 City Manager Approval Date: 11/07/22 Attachments: 1. Amendment to the Consultant Service Agreement with Substrate, Inc. • Exhibit A Exhibit A 1 \\rpc.local\CM$\00_Agendas - City Council\11-22-2022\PrePosting\6D JB01_Consultant_Services_Agreement_Amendment_Public_Works.docx FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SUBSTRATE, INC. FOR CONSTRUCTION MANAGEMENT FOR THE EAST COTATI AVENUE PAVING PROJECT, PROJECT NO. 2017-17 This First Amendment to the Agreement between the City of Rohnert Park (“City”) and Substrate, Inc. (“Consultant”) for additional construction management services (“First Amendment”) is entered into as of the 22nd day of November, 2022, (“Effective Date”), by and between City and Consultant. RECITALS A. City and Consultant are parties to that certain Agreement entitled “Consultant Service Agreement RE: East Cotati Avenue Paving Project, Project 2017-17” dated May 10, 2022, and authorized through Resolution No. 2022-044 approved by the City Council on May 10 th, 2022, for the amount of $125,000.00. B. City and Consultant now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the services provided under the Agreement and subsequent Amendment, Consultant shall provide additional services as described in the attached Exhibit A. 2. Compensation. Consultant shall perform the services described in this First Amendment for a total not-to-exceed amount of $28,975.00. Total compensation under this Consultant Services Agreement with this Amendment shall not exceed $153,975.00. 3. Time of Performance. Consultant shall complete the services described in this First Amendment no later than December 30, 2022. 4. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall remain in full force and effect. 5. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK By:________________________/_______ Darrin Jenkins, City Manager (Date) Per Minute Order approved by the Rohnert Park City Council at its meeting of November 22, 2022. ATTEST: __________________________________ City Clerk CONSULTANT By:___________________________/_ ______ (Date) Name:__________________________ Title:____________________________ APPROVED AS TO FORM: __________________________________ City Attorney Sept 28, 2022 Mr. Justin Brandt, Senior Engineer City of Rohnert Park Public Works 600 Enterprise Drive Rohnert Park, CA 94928 Substrate, Inc 270 Crest Rd Novato, CA 94945 T: 415.246.4920 substrateinc.com Sunny Jhutti, PE, SE Construction Manager sunny@substrateinc.com Subject: Request for Contract Amendment for the Construction Management and Inspection Services for the East Cotati Avenue Paving Project Dear Mr. Brandt: Substrate, Inc is pleased to submit this Request for Contract Amendment to provide Construction Management and Inspection Services for the East Cotati Avenue Paving Project for the City of Rohnert Park. As you are aware, Contract Change Orders have resulted in increasing the Contract time by 20 Calendar Day and consequently we will extend past our contract ceiling of 125,000.00. The original contract completion date of September 17, 2022, has been extended to October 7th. We have included this request for Amendment to cover the additional field inspection and diaries for added 20 Change Order days related to lowering manholes and to the shallow Sewer Manhole. (Total 20 Calendar Days added to contract). In addition, some time for fixing the mistakes caused by inaccurate location of the buried water valves and Storm Drain Manholes and associated Punchlist Work. We are requesting and Amendment Amount of $28,975.00, which brings the total NTE Fee to $153,975.00. Thank you, Sincerely, Sundeep Jhutti, Construction Manager Firm Project Manager Contact Information Name and Title: Sunny Jhutti, PE, SE – Construction Manager Company Name: Substrate, Inc Address: 270 Crest Rd, Novato, CA 94945 Phone Number: 415-246-4920 Email: sunny@substrateinc.com Substrate, Inc SCOPE OF WORK - TASK SUMMARY Substrate, Inc. will perform the complete package of construction management, construction inspection, and materials testing services that the City needs to successfully complete the East Cotati Avenue Paving Project. It is anticipated that the project will require a full-time Construction Inspector to oversee the day-to-day operations, with a part-time Resident Engineer to manage the project, and as-needed Materials Testing. The Team will perform all the tasks listed in the RFP. Below we have highlighted some key items to demonstrate important aspects of the work. We at Substrate, Inc have found that the successful delivery of a project, begins by providing expert staff support in all three phases of the construction project delivery:  Task 2 - Construction Services  Task 3 - Post-Construction Services Task 2 - Construction Management Services PROJECT MEETINGS: We will schedule, conduct and document Weekly Progress Meetings with the Contractor and project partners to update the critical project items and schedule. This shall include conducting and preparation of agenda and meeting minutes for:  Weekly Construction Coordination and Safety meetings with contractor.  Pre-construction Utility Meeting with PG&E, Sonic, AT&T, City Water, City Sewer, Etc.  Other project meetings, as needed. SCHEDULE:  Review and analyze contractor’s submitted construction schedule Review of contractor’s schedule submittals for accuracy and reasonableness.  We will review the Contractor’s schedule for compliance with the specifications and will compare work progress against the schedule.  Review contractor’s schedule to be sure that the logic is accurate, and that the contractor has met requirements of the contract.  Review work progress as compared to the planned schedule and notify contractor of schedule slippage. We will work with the contractor to develop plans to recover from any schedule slippage to bring the project in on time.  Monitor the contractor’s progress against their base-line schedules. Maintain an up to-date project schedule on a monthly basis with controlling operations clearly outlined. Construction management team shall use the latest version of Primavera Software for monitoring of the contractor’s schedule. Alert contractor if progress slips below minimum requirements and take action to bring contractor back on schedule.  We will provide Weekly Construction Updates for the City’s Project Manager detailing completed & upcoming work with pictures, explanations on schedule changes and any upcoming risks with intended solutions, and provide general information update on project documents, change orders and claims.  We will evaluate forecasted costs at completion, on a monthly basis. Compare forecasts to the budget at the bid item level to identify areas of cost overruns/underruns and initiate corrective action as needed. CONSTRUCTION MANAGEMENT AND RECORDS MANAGEMENT:  We will act as liaison with the City, Contractor, regulatory agencies, utilities and other entities during construction.  We will Record and Maintain construction documents per Chapter 16 of Local Assistant Procedure Manual. Substrate, Inc  We will provide document control for all construction correspondences, documents, contractor’s submittals and activities. Substrate shall provide web-based document management software for this project and provide an access to the City representatives, the contractors, and designers. The software will be used for submittal tracking, RFIs, change orders, daily and weekly reports, etc. This filing system shall be approved by City of Rohnert Park prior to work.  We will Review, respond and maintain a record of all contractor’s RFIs. Provide field recommendations for those RFIs that need to be responded by the City or Designer.  We will Consult with the Designer and the City if the Contractor requests interpretation of the meaning and intent of the drawings and specifications and assist in the resolution of questions which may arise.  We will Maintain project records in accordance with the Caltrans Construction Manual and Local Assistance Procedures Manual – 63 Category Filing System for ease of Audit by Caltrans and FHWA.  We will Monitor contractor for labor compliance including posting of posters, conducting Employee Interviews, and checking Certified Payrolls and Statement of Compliance.  We will monitor the use of DBE contractors to verify goals set for the project are met. We will monitor use of apprentices to ensure that any job training goals are met.  Daily verification that the Traffic Control is installed per the approved plan.  We will Provide Weekly project activities updates to City staff for internal review. CONSTRUCTION INSPECTION:  We will Provide Quality Assurance Inspection for contract compliance on a continuous basis. Keep daily records of inspection, labor, equipment and material provided by the contractor. Provide a weekly summary of all construction activities.  We will Inspect material and equipment upon delivery for compliance to construction contract documents. Collect delivery records and certificates of compliance.  We will Recommend acceptance of the work when it is satisfactorily completed. Track noncompliant work separately until work is satisfactorily completed and accepted.  We will Conduct substantial completion and final inspections, preparing punch lists and monitoring their completion.  We will Monitor and inspect the contractor’s daily progress. We will Measure field quantities for payment.  We will Prepare Daily Diaries. Prepare daily project RE reports documenting daily activity, conversations, and coordination.  The on-site inspector will complete a daily report of events that occur at the jobsite. Consultant will implement a format for these reports which will include the following:  Contractor’s working hours on the jobsite. A separate log will be maintained if the contractor works two shifts or nights.  Contractor and subcontractor personnel and equipment on the jobsite.  Weather conditions and observations as to the effect on the progress of the work.  Decisions or directions given to the contractor. Items of this nature would be those of usual work progress with directions to be included in a more formal manner.  Daily utilization of the contractor and subcontractor equipment on the site, and obviously idle or in temporary storage will be so noted on the report.  Observations connected with the progress of the work including deficiencies or violations of contract requirements by the contractor.  Materials delivered to the job site, together with indication as to results of inspection thereof.  Observed or potential delays and apparent causes. The contractor’s reaction to these delays will be noted.  Data relative to claims, extras or deductions. This should include those noted and agreed upon, as well Substrate, Inc as potential claims or items of disagreement.  List of visitors, including testing laboratory representatives or others.  We will Prepare Weekly Statement of Working Days (WSOD).  We will Ensure compliance with any ADA requirements and the contract documents.  We will Coordinate sampling and testing of construction materials in accordance with bid documents.  We will Record up-to-date construction changes to use in preparation of the record drawings.  We will Report to City any violations to any applicable regulations.  We will Maintain a copy of the contract documents and construction-related documents at the site.  We will Coordinate all construction activities with the utility companies and other agencies within the project area and as required by the City.  Include additional field inspection and diaries for added 20 Change Order days related to lowering manholes and to the shallow Sewer Manhole. (Total 20 Calendar Days added to contract). In addition, time for fixing the mistakes caused by inaccurate location of the buried water valves and Storm Drain Manholes and associated Punchlist Work. We will Prepare weekly Newsletter identifying the following:  Project time elapsed (%)  Portion of project completed (%)  Estimated date of completion. We will Prepare monthly project progress report identifying the following:  Contractor’s construction progress in the month with supporting progress photographs.  Summary of project issues and status of their resolutions.  Construction costs spent to date and the projected completion cost including comparison of forecasts to the budgets at the bid item level to identify areas of cost overruns/underruns and listing of corrective actions taken or to be taken.  Assist in preparing monthly estimates Review Extra Work Bills. Conduct quantity calculations and prepare daily and monthly estimates.  Take adequate photographs to illustrate construction progress, construction problems and solutions to form a record of critical activities that could support City’s position in potential claims.  Track potential changes and potential claims Review and respond to contractor’s claims Process Design Change Notices.  Prepare and process all Change Orders including required support documentation and Change Order Memorandums. Negotiate Change Orders as directed by the City Engineer. UTILITY AND ROW COORDINATION:  Our RE and inspector will coordinate with utility owners as necessary. Major coordination with PG&E, Sonic, AT&T, City Water, City Sewer, Etc. and with the property owners, residents/businesses.  Coordinate with City Staff, Rohnert Park Unified School District, Rohnert Park Police Department, Sonoma County Transit, Rohnert Park Fire Department, Sonoma-Marin Area Rail Transit (SMART), ambulance providers, and other project stakeholders.  Review invoices from stakeholders. LABOR COMPLIANCE: Substrate, Inc  Monitoring and Auditing Certified Payrolls in Category 25 per DIR prevailing wage requirements. And Review Field Labor Compliance and EEO Interviews. CHANGE ORDER MANAGEMENT:  Status of contractor’s Change Orders / Status of contractor’s potential claims and their resolutions / Status of Change Request and Change Notices / Status of contractor’s submittals and their reviews / Status of RFIs and their responses.  We will establish an agreed upon scope of work for any changes and perform an independent cost estimate and schedule impact for all contractor’s Change Orders. Prior to Change Order negotiations make appropriate recommendations to City as to the value of all changes, additive or deductive and any impact on schedule.  We will monitor project for compliance with Environmental requirements, Biological Requirements, WPCP/SWPPP, and all other regulatory agencies requirements.  We will Review the Contractor’s “Best Management Practices” plan prior to beginning of construction. Monitor the Contractor’s implementation to prevent storm water pollution from related activities in compliance with the National Pollutant Discharge Elimination System (NPDES).  We will maintain a record set of conformed contract documents continually updated with all revisions and change orders. Monitor contractor’s records of “as-builts” conditions on the contract drawings and specifications. SUBMITTALS:  We will review of all contractor’s submittals (with assistance from design consultant on design-related submittals) and maintain a record of all the submittals. Submittals to be reviewed by the construction manager include but are not limited to Shop Drawings and Submittals for: 1). CPM Progress Schedule. 2). Traffic/Pedestrian/Bicycle Control and Detour Plan (maintaining drivable access). 3). Stage Construction Plan. 4). Public Notification. 5). SWPPP/WPCP Plan. 8). Spill and Countermeasure Plan. 9). Excavation Safety Plan. 10) HMA Mix Design. 11). Concrete Mix Design. 12). Other Plans.  We review up to 30 Material Submittals and up to 10 RFI’s. SAFETY:  We will ensure safe implementation of the traffic control plans. Develop a Site-Specific Code of Safety Practice (IIPP) for the jobsite and ensure everyone reads and signs. File in Category 6. Conduct regular safety reviews of the entire project site for Cal OSHA compliance. MATERIALS TESTING AND GEOTECHNICAL QUALITY ASSURANCE:  We will provide materials testing for the project. These include and are not limited to: Compaction Testing, Gradation and SE, AC Temperature, AC and Concrete Batch Plant Inspections, HMA Core Density, Stabilometer, Concrete Compressive Strength, R-Value, and various other required CTM or ASTM tests, Etc. Review materials testing results in compliance with contract requirements.  Materials testing shall conform to all City Standards and Caltrans specifications  Review Asphalt Concrete (AC) mix designs, chip seal mix designs, microsurfacing mix designs, qualifying equipment, and production process as requested  Review Portland Cement Concrete mix designs as requested  Provide requested miscellaneous consultation during the project, including discussions with the Contractor to emphasize proper treatment of asphalt concrete materials Substrate, Inc  Ensure the materials testing lab conducts all compaction tests per City Standards and Caltrans specifications  We will retain qualified testing laboratory (Caltrans or AMRL) to provide for testing by the Engineer as required in the construction contracts and other testing necessary to monitor the contractor’s quality control plan in accordance with the City’s and Substrate’s Quality Assurance Program. Coordinate Source Inspection as required per the SIQMP. Deliverables: All Test Results, Logs, QAP, and SIQMP. Check for compliance with Buy America requirements.  We will ensure that Geotechnical Engineering Quality Assurance Testing is performed per Contract Requirements. Task 3 - Post - Construction Management Services  At the completion of the project, we will perform inspections of the work to determine if any work is incomplete.  We will coordinate a walk through with the City and Contractor and will prepare a punch list of the incomplete work and provide to the Contractor.  We will perform subsequent inspections to confirm that incomplete work has been completed satisfactorily and inform the City when work is complete for one final inspection.  We will obtain lien waivers, bonds, warranties, and other documents required by the Contract Documents from the Contractor.  We will ensure all necessary tests and inspections were performed and results provided according to the Plans and Specifications.  We will Finalize Redline As-Builts and transmit Contract’s Approved As-Builts to the City.  We will Prepare Final Pay Documents.  We will Finalize all contract bid items.  We will Finalize Change Orders and assist with resolution of claims, if reqd.  We will Finalize and resolve all punch list items.  We will prepare all final reports including report of completion for acceptance of the Project. This includes written certification of substantial conformance with PS&E.  We will assist in project closeout documents in accordance with Chapter 17 of the Local Assistance Procedures Manual.  We will prepare Final Report of Expenditures for reimbursement in accordance with Chapter 17 of Local Assistance Procedures Manual (LAPM).  We will package all Deliverables and at the completion of the project, Consultant will turn over all documents including final redline As-Built drawings. Consultant will coordinate the completion of final As-Built drawings through the design engineer. A final project report will be prepared summarizing the project and performance of the contractor. Consultant shall provide all project documents, including red-lined As-Builts, during the course of the Project to the City on a USB prior to final payment. Post-CS Name Company Classification Sep-22 Oct-22 Subtotal Labor Hrs 2022 Bill Rates 2022 Total Sunny Jhutti, PE, SE Substrate, Inc RE/Structure Rep 12 16 28 176.83$ 4,951.24$ Edwin Eckberg Substrate, Inc Full Time Inspector 80 80 160 150.15$ 24,024.00$ Subtotal 28,975.24$ 28,975.00$ Assumptions: Original Contract Completion date was Sept 17, 2022 Contract Extended 20 Calendar Days, new completion date Oct 7, 2022. Add 1 week for Punchlist (Contract complete October 14, 2022) Date: 9/28/22 East Cotati Avenue Paving Project - City of Rohnert Park COST PROPOSAL SUMMARY & SCHEDULE TOTAL Increase Not to Exceed (Labor + ODC) Construction Services ITEM NO. _____6.E.______ 1 Meeting Date: November 22, 2022 Department: Development Services and Public Safety Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Jim Thompson, Fire Marshal Agenda Title: Waive Second Reading of and Adopt an Ordinance Repealing and Replacing Chapters 15.04 through 15.28 of Title 15 “Buildings and Construction” of the Rohnert Park Municipal Code to Adopt by Reference the 2022 California Building Standards Code with Local Amendments as Set Forth in Chapters 15.04 (General Provisions), 15.08 (Building Code), 15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and Construction” (CEQA Status: Exempt Under Section 15061(b)(3)) RECOMMENDED ACTION: Adopt an ordinance repealing and replacing Chapters 15.04 through 15.28 of Title 15 “Buildings and Construction” of the Rohnert Park Municipal Code to adopt by reference the 2022 California Building Standards Code with local amendments as set forth in Chapters 15.04 (General Provisions), 15.08 (Building Code), 15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and Construction” (CEQA Status: Exempt Under Section 15061(b)(3)) BACKGROUND: The California Building Standards Code (Title 24 of the California Code of Regulations and hereinafter “Standards”) includes the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, and Existing Building Codes and the Green Building Standards. The Standards are maintained by the California Building Standards Commission (Commission) which generally updates, amends and republishes the Standards every three years. The Commission bases its updates on changes to national and international “model codes”, which reflect the best current understanding of the building industry on issues ranging from life safety to energy and water efficiency. The Commission published its most recent update to the Standards on July 1, 2022 (the 2022 Standards). The 2022 Standards continue the State’s efforts to facilitate “electrification” of the built environment in order support California’s greenhouse gas emission reduction goals. Attachment 1 provides a very brief summary of the major changes included in 2022 Standards for the City Council’s reference. The City of Rohnert Park is a local jurisdiction with authority to implement and enforce the Standards. Under state law, the 2022 Standards, as published by the Commission, become effective to all occupancies throughout California on January 1, 2023. The California Health and Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA ITEM NO. _____6.E.______ 2 Safety Code requires the City Council to adopt the 2022 Standards but also allows the City Council to adopt local amendments to the Standards based on local climatic, geological or topographical conditions, which the City has done in previous code cycles. If the City does not adopt local amendments to the 2022 Standards by January 1, 2023, the 2022 Building Standards go into effect without any local amendments. On November 8, 2022, the City Council introduced an ordinance that included the 2022 Standards with local amendments. Staff requesting that the City Council adopt the ordinance so that staff may file the local amendments with the Building Standards Commission. When the new code becomes effective on January 1, 2023, the City’s local amendments will also be in effect. STRATEGIC PLAN AND CITY COUNCIL PRIORITY ALIGNMENT: The adoption, implementation and enforcement of the 2022 Standards with local amendments supports Strategic Plan Goal D – Continue to Develop a Vibrant Community. The 2022 Standards and local amendments are also important tools for implementing the Council’s priority on Climate Change. OPTIONS CONSIDERED: None. Adopting the 2022 Building Standards with the City’s local amendments meets the requirements of state law. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of adopting the 2022 Standards with the proposed local amendments will be minimal. Code Compliance Approval Date: NA Department Head Approval Date: 11/10/2022 Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval Date: NA Attachments 1. An Ordinance Repealing and Replacing Chapters 15.04 through 15.28 of the Title 15 “Building and Construction” of the Rohnert Park Municipal Code to Adopt by Reference the 2022 California Building Standards Code with Local Amendments as set forth in Chapters 15.04 (General Provisions and Penalties), 15.08 (Building Code), 15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and Construction” ORDINANCE NO. 971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, REPEALING AND REPLACING CHAPTERS 15.04 THROUGH 15.28 OF TITLE 15 “BUILDINGS AND CONSTRUCTION” OF THE ROHNERT PARK MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS AS SET FORTH IN CHAPTERS 15.04 (GENERAL PROVISIONS), 15.08 (BUILDING CODE), 15.12 (RESIDENTIAL CODE), 15.16 (ELECTRICAL CODE), 15.18 (MECHANICAL CODE), 15.20 (PLUMBING CODE), 15.22 (ENERGY CODE), 15.24 (EXISTING BUILDING CODE), 15.26 (GREEN BUILDING STANDARDS CODE), AND 15.28 (FIRE CODE) TO TITLE 15 “BUILDING AND CONSTRUCTION” WHEREAS, the City is responsible for local enforcement of the California Building Standards Code, also known as Title 24 of the California Code of Regulations; WHEREAS, a triennial edition of the California Building Standards Code is published by the California Building Standards Commission approximately every three years based upon model codes specified in the California Health and Safety Code; WHEREAS, local jurisdictions responsible for enforcement of the California Building Standards Code must enact local administrative regulations in order to implement the California Building Standards Code; WHEREAS, on July 1, 2022, the California Building Standards Commission published the 2022 California Building Standards Code; WHEREAS, on January 1, 2023, the building standards and regulations contained in the 2022 California Building Standards Code become effective and applicable throughout the State of California; WHEREAS, local amendments may be adopted by the City of Rohnert Park to the California Building Standards Code pursuant to the California Health and Safety Code due to climatic, geological, or topographical local conditions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: SECTION 1. Findings. The City Council finds that: A. The City is authorized and required to adopt the California Building Standards Code by reference pursuant to Health and Safety Code section 17922 and 17958, and has taken all actions required to do so pursuant to Government Code Section 50022.2. B. In accordance with CEQA Section 15061(b) (3), this is not a project subject to CEQA in that there is no possibility that the activity in question may have a significant effect on the environment. Ordinance No. 971 Page 2 of 24 C. This ordinance is enacted pursuant to Health & Safety Code Sections 17958.5 and 17958.7 and Government Code Section 50022.2 to make local amendments to the California Building Standards Code. D. As required Health and Safety Code 17958.7 (a), the amendments to the California Building Standards Code adopted by this ordinance and as described in Chapters 15.08 through 15.28 are necessary for the protection of the public health, safety and welfare due to the local climatic, geologic or topographical conditions as described in findings 1 through 10 below. 1. Modification of California Building Code (CBC) Section 105.2 is necessary because the City’s topographic development pattern of residential parcels on relatively small lots necessitates the ability for some property owners to install screening fences in order to preserve private enjoyment of their property. 2. Modification to CBC Sections 107.2.9 and 110.7 are necessary because of the City’s topographic development pattern utilizing master home plans. The ability of the building official to secure photographic evidence and mitigate concealed construction is necessary to ensure safe and consistent implementation of approved plans. 3. Modification of CBC Section 420.17 and 1503.6 is necessary because the City is underlain by highly expansive soils with shrink-swell potential that can damage building foundations and concrete slabs. Rain gutters, downspouts, rain leaders, splash blocks and concrete landings all provide a means to keep rainwater away from foundations and slabs and minimize the potential for the underlying expansive soils to damage structures. 4. Modification of CBC Section 502 and California Fire Code (CFC) Sections 505.1, 505.1.1, 505.1.2, and 505.1.3 is necessary because the City’s pattern of thick seasonal fog coupled with its many street cul-de-sacs and multi-family complexes and the distance between emergency response facilities require street numbers on buildings to be clearly visible at all hours in order to support emergency response. 5. Modification of CBC Section 1705.13.10 is necessary because the City is located near several known, active seismic faults that have a history of and the potential to cause severe ground movement, ground shaking, ground failure, land siding, lateral spreading and ground liquefaction. The design features that allow buildings to resist seismic damage are highly specialized and require special inspection expertise to ensure the design is implemented properly. 6. Modification of CBC Sections 1808.6.2.1 and 1907.2 is necessary because the City is underlain by highly expansive soils and a high groundwater table, subjecting concrete slabs to locally unique foundation conditions. Minimum standards for engineered subgrade and slab reinforcement allow concrete slabs to better resist these soil conditions. 7. Modification of California Residential Code (CRC) Section R313.2.2, and CFC Sections 101.6, 202, 901.7, 902.1, 903.2, 903.2.22-24, 903.3, 903.3.1.1, Ordinance No. 971 Page 3 of 24 903.3.1.1.1, 903.3.1.2, 903.3.1.3.1, 903.4, 903.4.1, 907.2, 907.2.8.1, 907.6.6, 907.9.1, is necessary because the City is bisected by Highway 101 and the Sonoma Marin Area Rail Transit (SMART) rail corridor. The railroad and freeway create barriers, which obstruct traffic patterns and delay response time for fire equipment. In addition, the City is located near several active seismic faults that have a history of and the potential to cause severe ground movement, ground shaking, ground failure, land siding, lateral spreading and ground liquefaction, which can damage infrastructure and delay response time. This creates the need for conservatively designed fire alarm and sprinkler systems which ensure rapid notice to emergency responders and ability to contain and suppress fires with sprinklers onsite. These conditions also create a need to ensure that emergency responders are not consistently called to false alarms. 8. Modification of CRC Sections R408.1, R806.1, and R902.1 and CFC Sections 304.1.2, 304.1.2.1, 304.1.2.2, 308.1.9, 507.5.1, 507.5.1.1, Appendix B Section B105.1, Section B105.2, including Table B105.2, Appendix C Section C103.3, Appendix D Sections D103.2, D103.3, D103.4, D103.6, D106.1 and D106.2 is necessary because the City located at near the urban wildland interface and bordered on all sides by undeveloped community separator lands, which are crossed by overhead power lines. During the summer and fall months the combination of dry vegetation and seasonally high winds and temperatures have historically and are expected to continue to produce conditions where wildfires can occur. Modifications to the CRC to improve the fire resistance of residential construction help protect homes against embers from wildfires. Modifications to the CFC to ensure neighborhood vegetation is cleared helps minimize the spread of wildfires. Modifications to the CFD to increase the accessibility of fire fighting infrastructure including on and offsite fire hydrants, increased water flow and pressure and streets that can accommodate fire fighting equipment support the city’s ability to fight wildfire. 9. Modification of California Electrical Code (CEC) Section 230.79(E) is necessary because the City is bisected by Highway 101 and the SMART rail corridor. The railroad and freeway create barriers, which obstruct traffic patterns. Upgrading ageing and undersized electrical systems, when appropriately triggered, minimizes the risk of fire, which is exacerbated by the local conditions topographic conditions that delay emergency response. 10. Modification of California Plumbing Code (CPC) Sections 301.2.6 and 604.1 is necessary because the soils within the City are considered acidic, creating a deleterious effect on metal piping placed underground. While the adoption of the amendments to the California Building Standards Code and the adoption of Ordinances may not prevent the incidence of fire or potential building hazards, it is noted the implementation of these various amendments will reduce the severity and potential loss of life and loss of property. The following revisions to the Rohnert Park Municipal Code are made based on the findings set forth above and the record of proceedings for consideration of this Ordinance. Ordinance No. 971 Page 4 of 24 SECTION 2. Chapter 15.04, “General Provisions and Penalties” of the Rohnert Park Municipal Code is repealed and replaced to read in entirety as follows: "Chapter 15.04 - General Provisions Section 15.04.010 - Local administrative authority defined. A. Excepting California Building Code Appendix J—Grading, which is administered by the city engineer, and State Fire Marshal regulated sections of California Building Code and California Residential Code, which is administered by the fire code official, whenever the term "local administrative authority" or "authority having jurisdiction" is used in the codes adopted by Chapters 15.04 through 15.34, excepting Chapters 15.28, in reference to a local official charged with the responsibility of carrying out the regulations adopted by said code, such local official shall be the building official. Said building official shall have all authority given to such official by said code. B. "Fire Code Official" is used in this Chapter, it shall mean the fire marshal or his/her designee. Section 15.04.020 - References to prior code. Unless superseded and expressly repealed, references in the City’s forms, documents and regulations to the Chapters and Sections of the past adopted regulations of the Rohnert Park Municipal Code, Title 15 - Building and Construction and any prior versions of the California Building Standards Code shall be construed to apply to the corresponding provisions contain within the currently adopted Rohnert Park Municipal Code, Title 15 - Building and Construction and the 2022 California Building Standards Code. Section 15.04.030 – Application for permit; fees A. All applications for permits required by Chapters 15.04 through 15.34. with the exception of Chapter 15. 28 shall be made to the building official in any form and detail, including any required plans, established by the building official. B. All applications for permits required Chapter 28 shall be made to the fire this Chapter shall be made to the fire marshal in the form and detail, including any required plans, required by the fire marshal. C. The City Council may establish fees, by resolution, for permit applications. Section 15.04.030 – Fee refunds. A. Applications for refunds must be made in writing to the building official within one hundred eighty (180) days of the date the fee is paid. All applicants made after one hundred eighty (180) days will be rejected. Ordinance No. 971 Page 5 of 24 B. One hundred per cent (100%) of a fee erroneously paid or collected may be refunded. C. Ninety percent (90%) of the plan review fee may be refunded when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled or expires or becomes void before any plan review effort has been expended. No portion of the plan review fee shall be refunded when any plan review effort has been performed. D. Ninety percent (90%) of the building, plumbing, electrical, and/or mechanical permit fee may be refunded when a permit for which some or all of these permit fees have been paid is withdrawn or cancelled or expires or becomes void before any work was done and before any inspections are performed. No portion of these fees shall be refunded when any work was done and/or any inspections have been performed. E. The building official may authorize the refund of all or part of a fee in order to correct an error by the department. The details of such a refund shall be retained in project file. Section 15.04.040 - Adjustments to Permit Fees Paid A. Application for a fee adjustment must be made in writing to the building official within thirty (30) days of the date the fee is paid. B. The building official may authorize the adjustment of all or part of a fee in order to correct an error by the city. The details of such an adjustment shall be retained in project file. Section 15.04.050 -Violations and Penalties A. Any and all portions of work shall be complete and free of correction notices and or violations prior to the expiration of the permit or certificate authorizing said work or occupancy. B. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. C. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. Ordinance No. 971 Page 6 of 24 D. In addition to any other penalties that may be provided at law, any person, firm, corporation, or other entity violating any of the provisions of Chapters 15.08 through 15.34, or any of the provisions of the codes, as amended, adopted by reference in Chapters 15.08 through 15.34, is guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars or by imprisonment not to exceed six months, or both, unless deemed an infraction by the citing officer or prosecuting authority in the exercise of enforcement discretion. Penalties for offenses deemed an infraction shall be the maximum amounts authorized under Government Code section 36900. In the discretion of the citing officer or prosecuting authority, penalties other than as set forth above may be applied to an offender for violations of Chapters 15.08 through 15.34 where a more specific penalty provision authorizes the imposition of such other penalties. E. Every violation shall be deemed a separate offense for each day or portion thereof during which such violation continues. F. In addition to applicable penalties, any and all portions of work completed without required permits shall be subject to fees for any additional plan review required and plus additional inspection fees. Section 15.04.020 – Means of appeal A. In order to hear and decide appeals of orders, decisions or determination made by the building official and the fire marshal, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The City Council may establish fees to recover the costs associated with these appeals by separate resolution. B. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Section 15.04.060 - Collection of Unpaid Fees and Fines Any unpaid fees and fines shall be subject to the same collection measures outlined in Chapter 1.27 of the Rohnert Park Municipal Code. SECTION 3. Chapter 15.08, “Building Code” of the Rohnert Park Municipal Code is repealed and replaced the follows: "Chapter 15.08 - Building Code 15.08.010 - Adopted - 2022 California Building Standards Code, Title 24, Part 2 “California Building Code”. The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2, incorporating the International Building Code, 2021 Edition, published by the International Code Council, one copy of which has been filed for use and examination by the public in the office of Ordinance No. 971 Page 7 of 24 the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this Chapter. Section 105.2 is amended, for the second exemption on the list of exemptions for Buildings to read, in relevant, part as follows: Section 105.2 - Work exempt from permits. Buildings: (2) Fences not over 7 feet (2134 mm) high or fences totaling 8 feet in height consisting of solid 6 foot section with 2 foot of lattice on top. Section 107.2.9 is added to read: Section 107.2.9 - Additional Documentation. The Building Official may require photographic evidence, a physical inspection or similar documentation of existing conditions at time of building permit application for residential alterations and repairs. Section 110.7 is added to read: Section 110.7 - Concealed construction. Any and all portions of work covered or concealed without authorization by the building official shall be uncovered or unconcealed to allow for inspections set forth in Sections 110.3.1 - 110.3.12. The Building Official shall prepare and promulgate guidelines to assist with implementation of this section. Section 420.17 is added to read: Section 420.17 - Splash Protection. All buildings of Group R Occupancy shall include a concrete landing at the exterior of garage side doors. The landing area shall be a minimum of nine sq. ft. (3’x3’). Section 502 is amended to read: Section 502 - Address Numbers. Address numbers shall meet the requirements specified in Fire Code section 505.1.1- 505.1.3, as amended under Rohnert Park Municipal Code section 15.28.020. Section 1503.6 is added to read: Section 1503.6 - Splash Protection. Group R and U structures shall include rain gutters, downspouts, rain leaders and splash blocks. Section 1705.13.10 is added to read: Ordinance No. 971 Page 8 of 24 Section 1705.13.10 - Special seismic inspector. Third-Party Inspection. All new structures consisting of Group R Occupancies or Group A, B, E, F, H, I, l, or M Occupancies with an occupant load of fifty or greater, shall employ a third-party inspector for the purpose of inspecting the components of the lateral load system. Third-party inspectors, similar to special inspectors as required elsewhere in Chapter 17, shall be approved by the building official. All costs associated with the special seismic inspection process shall be borne by the developer. Section 1808.6.2.1 is added to read: Section 1808.6.2.1 - Slab-on-grade foundations. Unless conforming to Section 1808 in its entirety and other than pre- or post-tensioned slabs and engineered pier and grade beam foundations systems, buildings utilizing slab on grade construction shall be constructed on a building pad consisting of a minimum of thirty inches of engineered non-expansive fill material meeting the requirements of Table 1 below. The building pad area to receive the engineered non-expansive fill shall include an area at least five feet beyond the outside edge of the building foundation. The building pad area shall be over excavated to the proper depth and the grade scarified to a minimum depth of eight inches and shall be moisture conditioned and re-compacted to a minimum of ninety percent over optimum. The engineered non-expansive fill shall be placed in lifts not exceeding eight inches, brought to near optimum moisture content and compacted to a minimum of ninety percent of maximum dry density at or within two percent of the optimum moisture content. The depth of the engineered non-expansive fill shall be increased as necessary to maintain a minimum of twelve inches of the engineered non-expansive fill material under all footings, unless determined otherwise by the soils report/geotechnical engineer and approved by the building official. Lime treatment is an acceptable alternative to engineered non-expansive fill, providing that it is described within the project geotechnical report as an allowable alternative. Table 1. Non-expansive Fill Requirements Plasticity Index less than 13 Liquid Limit less than 50 Percent Soil Passing #200 Sieve between 5% & 45% Maximum Aggregate Size 3 inches Maximum Dry Density as determined by ASTM-D1557 test procedures Ordinance No. 971 Page 9 of 24 Section 1907.2 is added to read: Section 1907.2 - Nonstructural concrete minimum reinforcement. All nonstructural concrete slabs within the building the building envelope are subject to the following. 1. All slabs shall have a minimum reinforcement of #3 rebar placed eighteen inches on center, each way. Reinforcement shall be placed on suitably sized supports, concrete cubes, or similar material approved by the building official, so as to suspend the reinforcement to mid plane in the slab. All exterior concrete slabs shall have weakened plane joints at a maximum of ten feet intervals each way. 2. All slabs shall have a minimum sand or approved rock base cushion of not less than four inches in thickness placed immediately below the slab.” Exception: Sidewalks and surfaces required under Section 1503.6 - Splash Protection.” Section 15.08.020 - Fire protection systems. Fire protection systems must comply with the requirements specified in Chapter 15.28 of this title. To the extent there is any conflict between the provisions of Chapter 15.28 of this title and the provisions of Chapter 9 of the 2022 California Building Standards Code, the provisions of Chapter 15.28 of this title shall govern. Section 15.08.030 - Appendix Chapters Added. Appendix Chapters I (Patio Covers) and J (Grading) shall apply to all structures and shall be considered as part of the body of the code as adopted in Section 15.08.010 and shall apply to all structures.” SECTION 4. Chapter 15.12, “Residential Code” of the Rohnert Park Municipal Code is repealed and replaced the follows: "Chapter 15.12 - Residential Code Section 15.12.010 - Adopted - 2022 California Building Standards Code, Title 24, Part 2.5 “California Residential Code.” The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5, incorporating the International Residential Code, 2021 Edition, published by the International Code Council, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this Chapter. Section R313.2.2 is added to read as follows: Section R313.2.2 - Additions and alterations. Ordinance No. 971 Page 10 of 24 Sprinkler systems shall be installed as required when the standards set forth in California Fire Code, Section 903.3.22 and Chapter 15.28 of this title are exceeded. Section R408.1 is amended to add the following after the first paragraph, in relevant part: Section R408.1 – Moisture control. All underfloor ventilation shall be self-sealing or ember intrusion resistant. Section R806.1 is amended to add the following after the first paragraph, in relevant part: Section R806.1 – Ventilation required. All roof vents shall be self-sealing or ember intrusion resistant. Section R902.1 is amended to read as follows: Section R902.1 – Roof covering Materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing assembly shall installed and tested in accordance with UL 790 or ASTM E 108. Section 15.12.020 - Appendix Chapters Added. Appendix Chapters AH (Patio Covers) and AX - Swimming Pool Safety Act shall be considered adopted as part of the body of the code as adopted in Section 15.12.010." SECTION 5. Chapter 15.16, “Electrical Code” of the Rohnert Park Municipal Code is repealed and replaced with the following: “Chapter 15.16 - Electrical Code Section 15.16.010 – Adopted - 2022 California Building Standards Code, Title 24, Part 3 “California Electrical Code”. The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the “National Electrical Code,” 2020 Edition, published by the National Fire Protection Association, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this chapter. Section 230.79 is amended to add a new paragraph (E), to read as follows: Sections 230.79 Rating of Service Disconnecting Means. (E) Modifications to Service Disconnecting Means in Existing One- or Two- Family Dwelling or Townhomes. Ordinance No. 971 Page 11 of 24 For existing one or two family dwellings and townhomes, the service disconnecting means may require upgrades when any of the following requirements are exceeded: 1. When any other permit is applied for and the existing main service enclosure was manufactured by Federal Pacific or Zinsco, including such panels that have been rebranded. 2. When any other permit is applied for and the enclosure contains disconnecting mean on the load side of the service disconnect manufactured by Federal Pacific or Zinsco, including such panels that have been rebranded. 3. When Five (5) or more circuits are modified. 4. When any secondary power source is added. 5. When an addition increases the existing gross floor area by 50% or more. 6. When a remodel, alteration or repair to an existing building includes demolition, removal or repair of more than 50% of the structure (including walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations or similar components). For the purpose of applying this section, the following criteria shall be considered in the 50% threshold evaluation: a. The removal or demolition of more than 50% of the exterior or interior load bearing walls. b. Removal of the roof structure or ceiling thereby permitting installation of new circuits. Note: The rating requirements of the bus bar and enclosure for the service disconnecting means do not require the main service entrance conductors to be upgraded as long as the main service disconnect is rated to match the rating and sizing of the existing main service entrance conductors. Section 15.16.020 – Annex H added. Annex H - Administration and Enforcement, except articles 80.15 and 80.27, of the Appendix to the California Electrical Code is adopted. SECTION 6. Chapter 15.18, “Mechanical Code” of the Rohnert Park Municipal Code is repealed and replaced the follows: “Chapter 15.18 - Mechanical Code Section 15.18.010 - Adopted - 2022 California Building Standards Code, Title 24, Part 4 “California Mechanical Code”. The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the “Uniform Mechanical Code,” 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference.” Ordinance No. 971 Page 12 of 24 SECTION 7. Chapter 15.20, “Plumbing Code” of the Rohnert Park Municipal Code is repealed and replaced with the following: “Chapter 15.20 - Plumbing Code Section 15.20.010 - Adopted - California Building Standards Code, Title 24, Part 5 “California Plumbing Code”. The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the “Uniform Plumbing Code,” 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this chapter. Section 301.2.6 is added to read: Section 301.2.6 - Water supply materials All underground service supply lines shall be of non-metallic material consisting of either polyethylene, minimum class 160, Poly Vinyl Chloride (PVC), minimum schedule 40, PEX or PEX-AL-PEX. Metallic materials may be used when suitable protection, approved by the building official, is provided. Section 604.1 is amended to add the following as the first paragraph: Section 604.1 - Pipe, Tube, and Fittings. All underground service supply lines shall be of non-metallic material consisting of either polyethylene, minimum class 160, Poly Vinyl Chloride (PVC), minimum schedule 40, PEX or PEX-AL-PEX. Metallic materials may be used when suitable protection, approved by the building official, is provided. Section 15.20.020 – Appendixes Added. Appendices A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste & Vent Systems), D (Sizing Storm Drainage Systems) and I (Installation Standards) shall apply to all structures and shall be considered adopted as part of the body of the code as adopted in Section 15.20.010.” SECTION 8. Chapter 15.22, “Energy Code” of the Rohnert Park Municipal Code is repealed and replaced with the following: “Chapter 15.22 - Energy Code Section 15.22.010 - Adopted - California Building Standards Code, Title 24, Part 6 “California Energy Code”. The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6, published by the California Building Standards Commission, one copy of which has been filed for use and Ordinance No. 971 Page 13 of 24 examination by the public in the office of the building official, is adopted by reference.” SECTION 9. Chapter 15.24, “ Existing Building Code.” of the Rohnert Park Municipal Code is repealed and replaced the follows: “Chapter 15.24 - Existing Building Code 15.24.010 - Adopted - California Building Standards Code, Title 24, Part 10, “California Existing Building Code”. The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10, published by the California Building Standards Commission, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference. Section 15.24.020 - Appendix Chapters Added. Appendix Chapters A3 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings and Appendix Chapter), A4 (Earthquake Risk Reduction in Wood-Frame Residential Buildings with Soft, Weak or Open Front Walls) shall be considered as part of the body of the code as adopted in Section 15.24.010." SECTION 10. Chapter 15.26, “Green Building Code” of the Rohnert Park Municipal Code is repealed and replaced with the following: “Chapter 15.26 - Green Building Standards Code Section 15.26.010 - Adopted – California Building Standards Code, Title 24, Part 11, “Green Building Standards Code” or “CALGreen”. The 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, published by the California Building Standards Commission, including Appendix Chapter A4, Residential Voluntary Measures at Tier I level for New Residential Construction except Division A4.2 Energy Efficiency and Appendix Chapter A5, Nonresidential Voluntary Measures at Tier I level for New Non-Residential Construction except Division A5.2 Energy Efficiency, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference.” SECTION 11. Chapter 15.28 "Fire Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: “Chapter 15.28 – Fire Code” Section 15.28.010 – Adopted – 2022 California Fire Code. The 2022 Edition of the California Building Standards Code, known as California Code of Regulations, Title 24, Part 11, published by the California Building Standards Commission, including all indices and appendices B, C, D, E, F, G, I, J. Ordinance No. 971 Page 14 of 24 K, L, and O, one copy of which has been filed for use and examination by the public in the office of the building official, are hereby adopted by reference with all California and local amendments, additions or deletions as including within this chapter. This chapter shall be known as the 2022 California Fire Code and may be cited and referred to as such. Section 15.28.020 – 2022 California Fire Code - Amended. The 2022 California Fire Code adopted by reference in this Chapter 15.28 is amended by the additions, deletions, and amendments contained in this section. Section 101.6 is added to read: Section 101.6 - Other Applicable Standards. Where no applicable standards or requirements are set out in this Chapter, or contained within other laws, codes, regulations, ordinances or rules adopted by the City or its officials, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards or other recognized good engineering practices, as approved by the Fire Code Official shall constitute compliance with this Chapter. Nothing herein shall derogate from the power of the Fire Code Official to determine compliance with codes or standards for those activities or installations within the Fire Code Official’s jurisdiction or responsibility. The Rohnert Park Department of Public Safety publishes Information Bulletins which summarize and/or clarify interpretations of the above provisions. They are to be considered a portion of this Code, by reference, and used as a guideline. Section 202 –is amended to add the following definitions of Alarm and Emergency, and amend the definition of False Alarm to read as follows Section 202 General Definitions ALARM. A signal from a residence or business location in the City of Rohnert Park which ends at the City Department of Public Safety offices, or at a central alarm company's office which in turn relays it to the Department of Public Safety offices and which causes City personnel to respond, or through any other means that result in Department of Public Safety personnel responding to the signal. EMERGENCY. An incident which requires a response by Department of Public Safety personnel. A response due to a failure, malfunction or other error, whether human or mechanical, which results in the transmission of an alarm to the Department of Public Safety is not an emergency. In the event that a question arises as to whether a response by City personnel was a response to an emergency as defined herein, the fire code official shall determine Ordinance No. 971 Page 15 of 24 whether an incident constituted an emergency and his or her decision is final. FALSE ALARM. The willful and knowing initiation or transmission of a signal, message or other notification of an event of fire when no such danger exists, or an alarm to which City personnel or equipment have responded because of a report that an emergency existed and which did not require a response because the incident for which the alarm was given did not occur. Section 304.1.2 is amended to read: Section 304.1.2 - Vegetation Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements are defined by Information Bulletin 060. Section 304.1.2.1 is added to read: Section 304.1.2.1 - Hazardous vegetation and fuel management. Every person who owns or controls a lot or parcel of property within the City limits shall maintain them free from lumber and rubbish, weeds, grasses or vegetative growth which contributes to the spread of wildfire. The Department of Public Safety shall perform an annual fuel management inspection program wherein every vacant parcel is evaluated for debris accumulation and vegetative growth before July 1. The property owner is notified of the results via a written notice. The property owner shall abate the hazard to comply with the department’s current standard. Should the property owner or manager fail to respond in a timely manner, the Fire Marshal is expressly authorized to have the property abated and pass the costs on to the property owner. The responsible party shall maintain the property in a safe condition thereafter. A second round of inspections shall occur by September 1 of each year with noticing and abatements to follow as necessary. The department is not limited to these two inspection intervals. Follow-up inspections shall be at the cost of the property owner at the rate prescribed by the current Fire Services Fee Schedule. Section 304.1.2.2 is added to read: Section 304.1.2.2 - Defensible space. Neighboring property. Persons owning, leasing, or controlling property within areas requiring defensible space are responsible for maintaining a defensible space on the property owned, leased or controlled by said person, within a distance of not less than 30 feet from any neighboring building or structure. Distances may be modified by the fire code official because of a site-specific analysis based on local conditions. Ordinance No. 971 Page 16 of 24 Section 308.1.9 is added to read: Section 308.1.9 - Open Flames. The use of a fire pit or outdoor open flame burning is prohibited when “Red Flag Days” or “Spare the Air Days” are declared due to climactic conditions. Exception: cooking appliances such as a barbecue or outdoor griddle. Section 505.1 is amended to read: Section 505.1 - Address numbers. New and existing buildings shall have approved illuminated address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. The numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Size and location of the Address Numbers shall be approved by the fire code official. Section 505.1.1 is added to read: Section 505.1.1 - One- and two-family dwellings. Address numbers for one and two family dwellings shall be a minimum of 4 inches in height with a minimum stroke width of one half (0.5) inches. Section 505.1.2 is added to read: Section 505.1.2 - Numbers for other than one- and two-family dwellings. Each address identification character shall be not less than twelve (12) inches high with a minimum stroke of one inch. Suite and unit numbers shall not be less than six (6) inches high with a minimum stroke of three- quarters (0.75) inch or as approved by the fire code official. Section 505.1.3 is added to read: Section 505.1.3 - Added - Complex directory. Where two or more buildings cannot be viewed from the public way or when determined by the fire code official, an illuminated complex directory, monument, pole or other approved sign or means shall be used to identify the structures at the main entrances to the property. Section 507.5.1 is amended to read: Section 507.5.1 -Fire hydrant and fire main required locations. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 150 feet from a hydrant on a fire Ordinance No. 971 Page 17 of 24 apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and fire mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall not be more than 600 feet. Section 507.5.1.1 is amended to read: Section 507.5.1.1 - Hydrant for Standpipe Systems Buildings equipped with a fire department connection shall have a fire hydrant within 50 feet of the fire department connection. Exception: The distance shall be permitted to exceed 50-feet where approved by the fire code official. Section 901.7 is amended to add the following language after the second paragraph: Section 901.7 Systems out of service When a system is deemed out of service, the operator shall immediately provide current insurance documents and insurer’s contact information to the fire code official. The operator or impairment coordinator shall also be responsible for contacting the insurer to inform them of changes in operation of the fire protection system. Section 902.1 is amended to include the following additional terms, as defined in Section 202, in alphabetical order: ALARM. EMERGENCY. FALSE ALARM. Section 903.2 is amended to read: Section 903.2 Automatic sprinkler system. An automatic sprinkler system shall be installed and maintained in all newly constructed buildings in accordance with Section 903.2.1 through 903.2.24. Exceptions: 1. Detached Group U occupancies 1000 sq. ft. or less, as approved by the fire code official. 2. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom. 3. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M occupancy. 4. Detached Car Ports of non-combustible construction with no Ordinance No. 971 Page 18 of 24 habitable space above. 5. Detached Group B or M occupancies 500 sq. ft. or less. 6. Accessory Dwelling Units where specifically exempted by OSFM Information Bulletin. Section 903.2.22 is added to read: Section 903.2.22 - Changes of occupancy. When the fire code official determines, based on life and fire risk, that a proposed use or occupancy classification is more hazardous than an existing use or occupancy classification, including the conversion of residential buildings to condominiums, then no change of use or occupancy shall be made unless such structure is made to comply with the requirements for a newly constructed building. Section 903.2.23 is added to read: Section 903.2.23 - Additions, remodels, alterations or repairs. An automatic fire sprinkler system shall be provided as follows: 1. An automatic fire sprinkler system shall be provided in an existing one- or two-family dwelling when additions increase the area by 50% or more calculated by existing gross floor area. 2. An automatic fire sprinkler system shall be provided in an existing non- residential building when additions increase the area by 25% or more calculated by existing gross floor area. 3. Additions to existing Group R, Division 1 occupancies that result in additional guest rooms or dwelling units, the building shall meet the requirements for a newly constructed building. 4. For remodels, alterations or repairs to an existing building involving demolition, removal or repair of more than 50% of the structure (to include walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations or similar components), the building shall meet the requirements for a newly constructed building. For the purpose of applying this section, the following criteria shall be considered in the 50% threshold evaluation: a. The removal or demolition of more than 50% of the exterior or interior weight bearing walls. b. Removal of the roof structure or ceiling thereby permitting installation of overhead piping. c. Exception: R-3 occupancies. d. Removal of interior tenant improvements reducing the building to a “shell” condition shall require the future build-out to Ordinance No. 971 Page 19 of 24 comply with fire sprinkler requirements. e. Exception: Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act. 1. The percentage of work shall be determined and added to any successive remodels that may occur within a subsequent three (3) year period. If the combined percentage totals 50% or more, this work shall constitute a substantial improvement and the building shall be subject to the fire sprinkler requirement. 2. Any combination of items above where the improvements equal or exceed fifty percent (50%) of the structure, the entire building shall meet the requirements for a newly constructed building. Note: The percentage of work shall be determined and added to any successive remodels that may occur within a subsequent three (3) year period. If the combined percentage totals 50% or more, this work shall constitute a substantial improvement and the building shall be subject to the fire sprinkler requirement. Section 903.2.24 is added to read: Section 903.2.24 - Design criteria. Fire sprinkler systems installed in buildings of undetermined use shall be designed and installed to have a design density of 0.33 gallons per minute per square foot over a minimum design area of 3,000 square feet. Where a subsequent occupancy change requires a system with greater capacity, it shall be the building owners’ responsibility to upgrade the system to the required density and meet any additional requirements of Chapter 15.28 of this Title at the time of such change. Section 903.3 is amended to read: Section 903.3 - Installation Requirements. Sprinkler systems shall be installed in accordance with NFPA 13 and NFPA 13D when approved by the fire code official, and as adopted by City standards and in accordance with Sections 903.3.1 through 903.3.9. Section 903.3.1.1 is amended to add, after the first line, the following Section 903.3.1.1 - Installation requirements. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 80. Section 903.3.1.1.1 - Exempt locations, is deleted in its entirety. Section 903.3.1.2 - NFPA 13R sprinkler systems, is deleted in its entirety. Ordinance No. 971 Page 20 of 24 Section 903.3.1.3.1 is added to read: Section 903.3.1.3.1 Location of Sprinklers and Spare Heads. Sprinklers shall be required in enclosed attached garages and a minimum of a single head in attics, within five feet of the attic access hatch. A supply of at least three sprinklers shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. Section 903.4 is amended to read as follows: Section 903.4 - Sprinkler system supervision and alarms. Valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and waterflow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit. Exceptions: 1. Automatic sprinkler systems protecting one- and two- family dwellings. 2. Automatic sprinkler systems installed in accordance with NFPA 13D where a common supply main is used to supply both domestic water and the automatic sprinkler system and a separate shutoff valve for the automatic sprinkler system is not provided. 3. Jockey pump control valves that are sealed or locked in the open position. 4. Control valves to commercial kitchen hoods, paint spray booths or dip tanks that are sealed or locked in the open position. 5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 6. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position. 7. Underground key or hub gate valves in roadway boxes. 8. Valves used for standpipes unless required by the fire code official. Section 903.4.1 is amended to read as follows: Section 903.4.1 - Monitoring. Alarm, supervisory, and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72, or when approved by the fire code official, shall sound an audible alarm at a constantly attended location. Exception: Backflow prevention device test valves located in limited area sprinkler system supply piping shall be locked in the open position. In occupancies required to be equipped with a fire alarm system, the backflow Ordinance No. 971 Page 21 of 24 preventer valves shall be electrically supervised by a tamper switch installed in accordance with NFPA 72 and separately annunciated. Section 907.2 -– Where required – new buildings and structures An approved fire alarm system installed in accordance with NFPA 72 and the provisions below shall be provided in new buildings and structures: A. All newly constructed commercial buildings shall be provided with a complete manual and automatic fire alarm system approved by the Fire Code Official which when activated will sound an alarm, which is audible throughout the building and will notify all occupants. B. In any commercial occupancy where a use creates a change of occupancy classification as listed in the California Building Code, the entire structure shall be provided with a fire alarm system approved by the Fire Code Official. C. An exterior horn / strobe alarm device is required to be installed in all buildings with fire sprinkler systems. The horn / strobe alarm shall be located on the street frontage side, or as approved by the Fire Code Official. D. All newly installed, monitored fire alarm systems shall meet the requirements of NFPA 72, Section 26.3. This is not intended to be retroactive in existing buildings until the system is modified or the Fire Alarm Control Panel is replaced in existing systems. Exception: R-3 occupancies. Exceptions: 1. The manual fire alarm box is not required for fire alarm control units systems dedicated to elevator recall control, supervisory service and fire sprinkler monitoring 2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the fire code official to provide a means for watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public. 3. The manual fire alarm box is not required to be installed when approved by the fire code official. Section 907.2.8.1 is amended so that Exception 2.2 reads in relevant part as follows: Section 907.2.8.1 Manual fire alarm system. Exception: 2.2. Notification devices installed in the common areas serving the residential units shall operate upon sprinkler water flow or manual pull station activation. Section 907.6.6 is amended to read as follows: Ordinance No. 971 Page 22 of 24 Section 907.6.6 - Monitoring Fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved supervising station in accordance with NFPA 72, this section and any approved Central Station shall meet the requirements of NFPA 72, Section 26.3 or Fire Department Informational Bulletin #017. Exception: An existing system not being modified. This is not intended to be retroactive until the system is modified or the Fire Alarm Control Panel is replaced. Section 907.9.1 is added to read: Section 907.9.1 – Repeated False Fire Alarm. Should a single property have 6 or more false alarms in a calendar year, such property shall be required to modify the alarm system to comply with NFPA 72 Section 26.3 – Central Station Service Alarm System. Exception: R-3 occupancies. Section B105.1 - One- and two- family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire flow duration requirements for one and two family dwellings shall be 1000 gallons per minute. Table B105.1(1) – Required fire flow for one- and two- family dwellings, of Appendix B, is deleted in its entirety. Section B105.2 of Appendix B is amended to read: Section B105.2 - Buildings other than one- and two-family dwellings, Group R-3 and R-4 Buildings and Townhouses. The minimum fire flow and flow duration for buildings other than one and two family dwellings shall be as specified in Table B105.2 and Table B105.1(2). Table B105.2 AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (Gallons Per Minute) FLOW DURATION (Hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Ordinance No. 971 Page 23 of 24 Section 903.3.1.1 of the California Fire Code 25% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.1.2 of the California Fire Code 25% of the value in Table B105.1(2)b Duration in Table B105.1(2) at the reduced flow rate For S/I: 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,000 gallons per minute or at the discretion of the fire official per B103.1 b. The reduced fire flow shall not be less than 1,500 gallons per minute or at the discretion of the fire official per B103.1 Section C103 of Appendix C is amended to read: Section C103.3 - Maximum Spacing For commercial, industrial and multifamily residential buildings, average spacing shall be no greater than 300 feet. Section D103.2 of Appendix D is amended to read: Section D103.2 – Grade. The grade of fire apparatus access roads shall be in accordance with City standards or as approved by the Fire Code Official. Section D103.3 of Appendix D is amended to read: Section D103.3 - Turning radius. The minimum turning radius shall be in accordance with City standards or as approved by the fire code official. Section D103.4 of Appendix D is amended to read: Section D103.4 - Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) shall be provided with width and turnaround provisions in accordance with City standards. Section D103.6 of Appendix D is amended to read: Section D103.6 - Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs complying with the California Vehicle Code. Section D106.1 of Appendix D is amended to read: Section D106.1 - Projects having more than 50 dwelling units. Ordinance No. 971 Page 24 of 24 Multiple-family residential projects having more than 50 dwelling units shall be provided with two separate and approved fire access roads. Section D106.2 of Appendix D is deleted in its entirety. SECTION 12. SEVERABILITY Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance. SECTION 13. EFFECTIVE DATE In accordance with Health and Safety Code section 18941.5, this ordinance shall take effect on January 1, 2023. However, where applications and plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, such permits may be issued, and the applicant may proceed with construction in compliance with the California Building Standards Codes, 2019 Editions, California Code of Regulations, Title 24, as previously adopted and amended by any applicable ordinance of the City of Rohnert Park, but only to the extent that the issuance of such permit is required by Health and Safety Code section 18938.5 and any other applicable law. SECTION 14. PUBLICATION The Clerk shall cause this ordinance to be published in the manner required by law. SECTION 15. FILING WITH BUILDING STANDARDS COMMISSION The Clerk shall cause a certified copy of this Ordinance to be filed with the California Building Standards Commission in the manner required by law. This ordinance was introduced by the City Council of the City of Rohnert Park on November 8, 2022 and DULY AND REGULARLY ADOPTED this November 22, 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK __________________________________ Jackie Elward, Mayor ATTEST: ___________________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ___________________________________ Michelle M. Kenyon, City Attorney ITEM NO. 6.F. 1 Meeting Date: November 22, 2022 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Adopt a Resolution Accepting the Vast Oak North Phase 3A Wet Utility Improvements and Directing Related Actions and Adopt a Resolution Accepting the Vast Oak North Phase 3B Wet Utility Improvements and Directing Related Actions RECOMMENDED ACTION: Adopt the Resolutions Accepting the Vast Oak North Phases 3A and 3B Wet Utility Improvements and Directing Related Actions BACKGROUND: On May 28, 2019, the City Council adopted Resolution 2019-062, approving a Public Improvement Agreement with the University District LLC and Vast Oak Property L.P. (Developer) for the Vast Oak North Phase 3A Wet Utility Improvements. This agreement is dated December 8, 2021 and was recorded on August 22, 2022 as Instrument No. 2022055708 in the Official Records of the County of Sonoma. This agreement required the Developer to install public sanitary sewer, potable water, storm drain, and recycled water system improvements within the Vast Oak North Phase 3A Subdivision (see Attachment 1) in accordance with the Vast Oak North – Phase 3A Improvement Plans, City of Rohnert Park, California, April 2019, WDID # 1 49C370212, prepared by MacKay & Somps, 8 Sheets (Sheets C1 thru C16), and approved by the City Engineer on August 8, 2019. Subsequently, on April 27, 2021, the City Council adopted Resolution 2021-044, approving a Public Improvement Agreement with the University District LLC and Vast Oak Property L.P. (Developer) for the Vast Oak North Phase 3B Wet Utility Improvements. This agreement is dated April 25, 2021 and was recorded on May 21, 2021 as Instrument No. 2021061498 in the Official Records of the County of Sonoma. This agreement required the Developer to install sanitary sewer, potable water, storm drain, and recycled water system improvements within Vast Oak North Phase 3B subdivision (see Attachment 1) in accordance with the Vast Oak North – Phase 3B Wet Utilities Improvement Plans, City of Rohnert Park, California, December 2020, WDID # 1 49C370212, Permit No. EP19-0004, prepared by MacKay & Somps, 22 Sheets (Sheets C1 thru C22), and approved by the City Engineer on March 10, 2021. At this point in time, the Developer has completed the construction of the Phase 3A and 3B wet utilities and has requested the City to accept the work. The utilities are currently serving residents within the development. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.F. 2 ANALYSIS: Staff is requesting that the City Council authorize acceptance of the Vast Oak North Phase 3A and Phase 3B Wet Utilities, including actions related to filing of a Notice of Completion, and booking the new assets, as well as terminating the improvement agreements after the warranty period has expired. These actions are the final steps in transferring the developer-constructed improvements to the City, in accordance with both improvement agreements. Staff has worked carefully with its construction manager and the Developer to ensure that all improvements have been constructed according to plans, the punch lists are completed and that projects are not subject to mechanics liens. The Developer has also submitted the required warranty bonds for each improvement. Accepting the improvements will allow the Developer to be reimbursed from the proceeds of Community Facilities District bonds, issued by the California Statewide Communities Development Authority (CSCDA) for the cost of these facilities. Council authorized the CSCDA bond issue, including a list of eligible improvements, with its Resolution 2014-160, adopted on November 25, 2014. The improvements are on the eligible list, although the City has not yet received a reimburse request. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The recommended action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. City acceptance of complete improvements is required by the two improvement agreements. FISCAL IMPACT/FUNDING SOURCE: Upon acceptance, the City will receive wet utility assets in Vast Oak North Phase 3A valued at $1,046,551, including ten percent (10%) contingency (Attachment 2) The sanitary sewer utility asset is valued at $249,645. The water system utility asset is valued at $454,190. The storm drain utility asset is valued at $342,716. The City will be responsible for future maintenance of these assets. The City will also receive wet utility assets in Vast Oak North Phase 3B valued at $1,127,250, including ten percent (10%) contingency (Attachment 2). The sanitary sewer utility asset is valued at $335,412. The water system utility asset is valued at $275,836. The storm drain utility asset is valued at $515,999. The City will be responsible for future maintenance of these assets. Funding for the maintenance of will be from the Sewer Enterprise Fund, Water Enterprise Fund, and the General Fund (storm drains). Department Head Approval Date: 10/25/2022 Finance Director Approval Date: 10/28/2022 City Attorney Approval Date: 11/04/2022 City Manager Approval Date: 11/09/2022 Attachments: 1. Vast Oak North – Location Map 2. Bond Estimate 3. Resolution of the City Council of the City of Rohnert Park Accepting the Vast Oak North Phase 3A Wet Utility Improvements and Directing Related Actions 4. Resolution Exhibit A – Notice of Completion – Vast Oak North Phase 3A Wet Utility Improvements ITEM NO. 6.F. 3 5. Resolution Exhibit B - Certificate of Acceptance for the Vast Oak North Phase 3A Wet Utility Improvements. 6. Resolution Exhibit C – Termination of Improvement Agreement – Vast Oak North Phase 3A Wet Utility Improvements 7. Resolution of the City Council of the City of Rohnert Park Accepting the Vast Oak North Phase 3B Wet Utility Improvements and Directing Related Actions 8. Resolution Exhibit A – Notice of Completion – Vast Oak North Phase 3B Wet Utility Improvements 9. Resolution Exhibit B - Certificate of Acceptance for the Vast Oak North Phase 3B Wet Utility Improvements. 10. Resolution Exhibit C – Termination of Improvement Agreement – Vast Oak North Phase 3B Wet Utility Improvements HINEBAUGH CREEK (NOT PART OF DAP)HINEBAUGH CREEK (NOT PART OF DAP)PROPOSED APARTMENTCOMPLEX(NOT A PART OF DAP)GRIFFIN'S GROVE PARK(NOT A PART OF DAP)VAST OAK EAST(NOT A PART OF DAP)PHASE 3APHASE 3BVAST OAK NORTHUD LLCVAST OAKWESTVAST OAK EASTVAST OAK NORTH-PHASES 3A & 3BUniversity DistrictRohnert Park, CaliforniaApril 2020UNIVERSITY DISTRICTLEGEND:SANDALWOOD PHASE 3A (ESTATES-14,000 SF) - 26 LOTSALDER PHASE 3A (50'x95')- 52 SFD LOTSCLUSTER 57.5'x 70' MIN- 8 SFD LOTS (PHASE A) 120 SFD LOTS (PHASE B)TOTAL: 206 SFD LOTSPROPOSED COMMUNITY WALLFRONT DOOR ON PUBLIC STREETAttachment 1 BOND ESTIMATE RECEIVED CITY OF ROHNERT PARK ENGINEERING VAST OAK NORTH -PHASE 3 A Based on Improvement Plans dated January 2019 CITY OF ROHNERT PARK ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE A.GRADING & STREETWORK 1.254,204 SF Finish grading street (includes motorcourts)0.25 2.4,966 SF 4" AB under EVA section 0.72 3.145,354 SF 5" AC pavement 2.20 4.1,182 SF 3" AC pavement (motorcourts)2.20 5.145,354 SF 4" AB under public streets 0.72 6.1,182 SF 1 O" AB under motorcourts 2.00 7.49,188 SF 4" AB under sidewalk and driveway (includes 0.72 handicap ramps) 8.22,260 SF 4" AB under curb & gutter(all types)0.72 9.145,354 SF 18" L TSG under public streets 4.50 10.11 EA Standard City of Rohnert Park street 300.00 11.10 EA Pavement reflectors at fire hydrants 25.00 ESTIMATED TOTAL STREET WORK: B.CONCRETE WORK 1.8,904 LF Standard curb & gutter measured thru 15.00 driveways 2.79 LF Rolled Curb (motorcourts) 15.00 3.81 LF 6" wide Flush Concrete Band 4.00 4.4,966 SF 8"AC EVA section 8.00 5.49,188 SF 4"AC Sidewalk & handicap ramps 4.00 6.7,467 SF 6" Thick Driveway approach 6.00 7.77 EA 3" PVC thru curb drains 100.00 8.18 EA Armor-tile domes in handicap ramps 400.00 ESTIMATED TOTAL CONCRETE WORK: VON -Phase 3A - Bond Estimate - January 2019.xls 19539.030 /28/19 ASG AMOUNT $63,550 3,580 319,780 2,600 104,650 2,360 35,420 16,030 654,090 3,300 250 $1,205,610 $133,560 1,190 320 39,730 196,750 44,800 7,700 7,200 $431,250 1 of 3 Attachment 2 19539.030 1/28/19 ASG ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT ESTIMATED TOTAL WATER SYSTEM WORK: F.ELECTRICAL/JOINT TRENCH 1 . 2. 30 EA Single arm Cobra head electrolier including conduit & boxes 77 UNITS Joint trench (including service completions) ESTIMATED TOTAL ELECTRICAL WORK: G.LANDSCAPE & IRRIGATION 1. 2. NOTES 77 EA On lot bio cell 33,546 SF Parkway landscaping ESTIMATED TOTAL LANDSCAPE PLANTING & IRRIGATION: SUMMARY A STREETWORK CONCRETE WORK C STORM DRAIN WORK D SANITARY SEWER E WATER SYSTEM WORK F ELECTRICAL/JOINT TRENCH G LANDSCAPE & IRRIGATION ESTIMATED IMPROVEMENT COST: CONTINGENCY 10% TOTAL BOND ESTIMATE: 3,500.00 6,000.00 1,450.00 4.50 $1,205,610 431,250 311,560 226,950 412,900 567,000 262,610 $3,417,880 $341,790 $3,759,670 $412,900 $105,000 462,000 $567,000 $111,650 150,960 $262,610 1.This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate. VON -Phase 3A -Bond Estimate - January 2019.xls Prepared by the firm of MACKAY & SOMPS 3 of 3 19539.030 07/21/2020 ASG BOND ESTIMATE - UTILITIES ONLY VAST OAK NORTH - PHASE 3B Based on Improvement Plans dated July 2020 CITY OF ROHNERT PARK ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. STORM DRAIN WORK 1. 29 EA Curb inlet (Public Streets) 4,200.00 $121,800 2. 29 EA Curb inlet (motorcourts) 4,200.00 $121,800 3.2 EA Manhole including reset rim to finish grade 3,500.00 $7,000 4. 1,147 LF 24" Storm drain 40.00 45,880 5. 942 LF 18" Storm drain 36.00 33,910 6. 1,124 LF 12" Storm drain 32.00 35,970 7. 1,820 LF 6" Storm drain(motorcourts) 28.00 50,960 8. 1,907 LF 4" Storm drain(motorcourts) 24.00 45,770 9. 4 EA Connect to existing system 1,500.00 6,000 ESTIMATED TOTAL STORM DRAIN WORK:$469,090 B. SANITARY SEWER 1.13 EA Manhole including reset rim to finish grade 3,500.00 $45,500 2.2,107 LF 8" Sanitary sewer main 32.50 68,480 3.6,414 LF 4" Sanitary sewer(motorcourt)24.00 153,940 4.118 EA 4" Sanitary lateral with cleanout 250.00 29,500 5. 5 EA Connect to existing system 1,500.00 7,500 ESTIMATED TOTAL SANITARY SEWER: $304,920 VON - Phase 3B - Wet Utilities Bond Estimate - May 2020.xls 1 of 2 19539.030 07/21/2020 ASG ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT C. WATER SYSTEM WORK 1. 3,102 LF 8" Water Main including valves & fittings 32.00 $99,260 2. 7 EA Fire hydrants including valve & run 4,500.00 31,500 3. 62 EA 1" Meter box (Includes 1" lateral & 1-1/2" fire 1,000.00 62,000 4. 26 EA 1" dual Meter box (Includes 2-1" lateral & 1- 1/2" fire line) 2,000.00 52,000 5. 4 EA Connect to existing main 1,500.00 6,000 ESTIMATED TOTAL WATER SYSTEM WORK: $250,760 S U M M A R Y A STORM DRAIN WORK 469,090 B SANITARY SEWER 304,920 C WATER SYSTEM WORK 250,760 ESTIMATED IMPROVEMENT COST: $1,024,770 CONTINGENCY 10%$102,480 TOTAL BOND ESTIMATE:$1,127,250 NOTES 1. Prepared by the firm of MACKAY & SOMPS This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate. VON - Phase 3B - Wet Utilities Bond Estimate - May 2020.xls 2 of 2 RESOLUTION NO. 2022-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE VAST OAK NORTH PHASE 3A WET UTILITY IMPROVEMENTS AND DIRECTING RELATED ACTIONS WHEREAS, on May 28, 2019, the City Council of the City of Rohnert Park adopted Resolution 2019-062, Authorizing and Approving the Public Improvement Agreement for the Vast Oak North Phase 3A Wet Utility Improvements by and between the City of Rohnert Park and the University District LLC and Vast Oak Properties L.P. (Agreement); and WHEREAS, the Agreement, with an effective date of December 8, 2021, was recorded on August 22, 2022 as Instrument No. 2022055708 in the Official Records of the County of Sonoma. WHEREAS, University District LLC (Developer) have completed the construction of the Vast Oak North Phase 3A Wet Utility Improvements in accordance with the plans and specifications for the work and have requested the City to accept the work; and WHEREAS, the Developer has submitted cost documentation for Vast Oak North Phase 3A Wet Utility Improvements which substantiates an asset value of $1,158,430 for Phase 3A; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Engineer is authorized and directed to execute and file the Notice of Completion and related documents for the Vast Oak North Phase 3A Wet Utility Improvements, on behalf of the City of Rohnert Park, in substantially similar form to Exhibit A which is attached to this Resolution and incorporated by this reference. BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period associated with the recording of the Notice of Completion, the City Manager is hereby authorized and directed to execute the Notice of Acceptance for the Vast Oak North Phase 3A Improvements in substantially similar form to Exhibit B, attached to this Resolution and incorporated by this reference. BE IT FURTHER RESOLVED that upon expiration of the warranty period, the City Manager is hereby authorized and directed to execute the Acknowledgement of Completion and Termination of the Public Improvement Agreement for Vast Oak North 3A Wet Utility Improvements, in substantially similar form to Exhibit C, attached to this Resolution and incorporated by this reference. BE IT FUTHER RESOLVED that upon certification of the City Manager, the Finance Director is authorized and directed to take the actions necessary to accept the Vast Oak North Phase 3A Utility Improvements, defined in the Agreement, as a capital asset of the City with a current book value of $1,158,430.00 for Phase 3A. Resolution 2022-109 2 DULY AND REGULARLY ADOPTED this 22nd day of November, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A TO RESOLUTION CERTIFICATE OF COMPLETION VAST OAK NORTH PHASE 3A WET UTILITY IMPROVEMENTS I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the City of Rohnert Park and the University District LLC, dated December 8, 2021, was completed to my satisfaction on November 22, 2022. That said work and improvements generally consisted of the construction of neighborhood sanitary sewer, storm drain, potable water, and recycled water improvements within the boundaries of Vast Oak Properties Vast Oak North Phase 3A (Final Map Vast Oak Phase 3A), as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on August 8, 2019. DATED: _____________, 2022 ____________________________________ City Engineer EXHIBIT A TO RESOLUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION VAST OAK EAST WET UTILITY IMPROVEMENTS NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal corporation located in Sonoma County, State of California, with its principal offices at City Hall, 130 Avram Avenue, Rohnert Park, California 94928 of the following: That I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California on the 22nd day of November, 2022, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion of the following described work, which was completed under a Public Improvement Agreement between the City of Rohnert Park and University District LLC and Vast Oak Property L.P. dated December 8, 2021, and in accordance with the plans and specifications for said work filed with the City Clerk and approved by the Rohnert Park City Council. That said work and improvements were completed on November 22, 2022, and that the name of the surety on the contractor's bonds for labor and materials on said project is Continental Casualty Company (Bond No. 30044946). That said work and improvements generally consisted of the construction of neighborhood potable water, recycled water, sanitary sewer, and storm drain improvements within the boundaries of Vast Oak Properties Vast Oak North Phase 3A (Final Map Vast Oak Phase 3A), as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on August 8, 2019. Dated: November ____, 2022. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer The undersigned certifies that she is authorized to and does make this verification on behalf of the City of Rohnert Park; that she has read the foregoing notice and knows the contents thereof; and that the undersigned declares under penalty of perjury that the foregoing is true and correct to the best of her knowledge. Executed on this ____ day of November, 2022, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B TO RESOLUTION CERTIFICATE OF ACCEPTANCE VAST OAK NORTH PHASE 3A WET UTILITY IMPROVEMENTS This is to certify that the interest in that certain infrastructure described in the Public Improvement Agreement for the Vast Oak North Phase 3A Wet Utility Improvements, by and between the City of Rohnert Park and the University District LLC, is hereb y accepted b y the Cit y Manager on behalf of the grantee pursuant to authority conferred by Resolution No. 2022- xx of the City Council of the City of Rohnert Park adopted on November 22, 2022. Dated: ____________, 2022 By:______________________________ Darrin Jenkins, City Manager Authorized by City Council Resolution 2022-xx adopted on November 22, 2022 ATTEST: By: Sylvia Lopez Cuevas, City Clerk ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 2022, before me, , the undersigned, personally appeared , ( ) personall y known to me ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their) authorized capacit y(ies), and that by (his/her/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W ITNESS m y hand and official seal: Signature EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -1- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928-2486 Attn: City Clerk THE AREA ABOVE IS RESERVED FOR RECORDER'S USE ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF PUBLIC IMPROVEMENT AGREEMENT FOR THE VAST OAK NORTH PHASE 3A WET UTILITY IMPROVEMENTS This Acknowledgement of Completion and Termination of Public Improvements Agreement (the "Acknowledgement") is entered into as of __________________, 2023, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of the University District LLC, a Delaware Limited Liability Corporation (“Developer”). RECITALS A.City and Developer, entered into that certain Public Improvement Agreement, dated December 8, 2021, and recorded on August 22, 2022 as Instrument No. 2022055708 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak North Phase 3A Property (the “Property”), more particularly described in Exhibit A of the Improvement Agreement. Initially capitalized terms not otherwise defined herein shall have the meaning given in the Improvements Agreement. B.City certified in that certain Notice of Completion, dated November 22, 2022 and recorded on __________, 2022 as Instrument No. 2022_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on November 22, 2022. C.City has no outstanding claims related to the Improvement Agreement, Improvements, defective labor, or defective materials furnished. D.As the Developer has completed performance under the Improvements Agreement, City desires to record a written statement acknowledging such completion and termination. NOW, THEREFORE, City hereby acknowledges and certifies as follows: 1.Termination of the Improvement Agreement. Developer has completed performance of the Improvement Agreement and the Improvement Agreement is hereby deemed terminated. 2. Survival. Section 6.1, Indemnity, of the Improvement Agreement shall survive termination as set forth therein. 3. Authority. The undersigned represents and warrants that it has the full capacity, right, power and authority to execute, and deliver this Acknowledgement, and all required actions, consents and approvals therefor have been duly taken and obtained. IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the date set forth above. EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -2- CITY: City of Rohnert Park, a municipal corporation By: _____________________ Name: Darrin Jenkins Title: City Manager Authorized by City Council Resolution 2022-___ adopted on November 22, 2022 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Lopez Cuevas Title: City Clerk EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -3- STATE OF CALIFORNIA ) ) § County of ) On , before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. ________________________________ Signature of Notary (Affix seal here) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. RESOLUTION NO. 2022-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE VAST OAK NORTH PHASE 3B WET UTILITY IMPROVEMENTS AND DIRECTING RELATED ACTIONS WHEREAS, on April 27, 2021, the City Council of the City of Rohnert Park adopted Resolution 2021-044, Authorizing and Approving the Public Improvement Agreement for the Vast Oak North Phase 3B Wet Utility Improvements by and between the City of Rohnert Park and the University District LLC (Agreement); and WHEREAS, the Agreement, with an effective date of April 25, 2021, was recorded on May 21, 2021 as Instrument No. 2021061498 in the Official Records of the County of Sonoma. WHEREAS, University District LLC (Developer) have completed the construction of the Vast Oak North Phase 3B Wet Utility Improvements in accordance with the plans and specifications for the work and have requested the City to accept the work; and WHEREAS, the Developer has submitted cost documentation for Vast Oak North Phase 3B Wet Utility Improvements which substantiates an asset value of $1,127,250 for Phase 3B; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert Park that the City Engineer is authorized and directed to execute and file the Notice of Completion and related documents for the Vast Oak North Phase 3B Wet Utility Improvements, on behalf of the City of Rohnert Park, in substantially similar form to Exhibit A which is attached to this Resolution and incorporated by this reference. BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period associated with the recording of the Notice of Completion, the City Manager is hereby authorized and directed to execute the Notice of Acceptance for the Vast Oak North Phase 3B Improvements in substantially similar form to Exhibit B, attached to this Resolution and incorporated by this reference. BE IT FURTHER RESOLVED that upon expiration of the warranty period, the City Manager is hereby authorized and directed to execute the Acknowledgement of Completion and Termination of the Public Improvement Agreement for Vast Oak North 3B Wet Utility Improvements, in substantially similar form to Exhibit C, attached to this Resolution and incorporated by this reference. BE IT FUTHER RESOLVED that upon certification of the City Manager, the Finance Director is authorized and directed to take the actions necessary to accept the Vast Oak North Phase 3B Utility Improvements, defined in the Agreement, as a capital asset of the City with a current book value of $1,127,250.00 for Phase 3B. Resolution 2022-110 2 DULY AND REGULARLY ADOPTED this 22nd day of November, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A TO RESOLUTION CERTIFICATE OF COMPLETION VAST OAK NORTH PHASE 3B WET UTILITY IMPROVEMENTS I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the City of Rohnert Park and the University District LLC, dated April 25, 2021, was completed to my satisfaction on November 22, 2022. That said work and improvements generally consisted of the construction of neighborhood sanitary sewer, storm drain, potable water, and recycled water improvements within the boundaries of Vast Oak Properties Vast Oak North Phase 3B (Final Map Vast Oak Phase 3B), as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on March 10, 2021. DATED: _____________, 2022 ____________________________________ City Engineer EXHIBIT A TO RESOLUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION VAST OAK EAST WET UTILITY IMPROVEMENTS NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal corporation located in Sonoma County, State of California, with its principal offices at City Hall, 130 Avram Avenue, Rohnert Park, California 94928 of the following: That I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California on the 22nd day of November, 2022, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion of the following described work, which was completed under a Public Improvement Agreement between the City of Rohnert Park and University District LLC and Vast Oak Property L.P. dated April 25, 2021, and in accordance with the plans and specifications for said work filed with the City Clerk and approved by the Rohnert Park City Council. That said work and improvements were completed on November 22, 2022, and that the name of the surety on the contractor's bonds for labor and materials on said project is Liberty Mutual Insurance Company (Bond No. BDTO500198020). That said work and improvements generally consisted of the construction of neighborhood potable water, recycled water, sanitary sewer, and storm drain improvements within the boundaries of Vast Oak Properties Vast Oak North Phase 3B (Final Map Vast Oak Phase 3B), as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on March 10, 2021. Dated: November ____, 2022. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer The undersigned certifies that she is authorized to and does make this verification on behalf of the City of Rohnert Park; that she has read the foregoing notice and knows the contents thereof; and that the undersigned declares under penalty of perjury that the foregoing is true and correct to the best of her knowledge. Executed on this ____ day of November, 2022, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B TO RESOLUTION CERTIFICATE OF ACCEPTANCE VAST OAK NORTH PHASE 3B WET UTILITY IMPROVEMENTS This is to certify that the interest in that certain infrastructure described in the Public Improvement Agreement for the Vast Oak North Phase 3B Wet Utility Improvements, by and between the City of Rohnert Park and the University District LLC, is hereb y accepted b y the Cit y Manager on behalf of the grantee pursuant to authority conferred by Resolution No. 2022- xx of the City Council of the City of Rohnert Park adopted on November 22, 2022. Dated: ____________, 2022 By:______________________________ Darrin Jenkins, City Manager Authorized by City Council Resolution 2022-xx adopted on November 22, 2022 ATTEST: By: Sylvia Lopez Cuevas, City Clerk ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 2022, before me, , the undersigned, personally appeared , ( ) personall y known to me ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their) authorized capacit y(ies), and that by (his/her/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W ITNESS m y hand and official seal: Signature EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -1- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928-2486 Attn: City Clerk THE AREA ABOVE IS RESERVED FOR RECORDER'S USE ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF PUBLIC IMPROVEMENT AGREEMENT FOR THE VAST OAK NORTH PHASE 3B WET UTILITY IMPROVEMENTS This Acknowledgement of Completion and Termination of Public Improvements Agreement (the "Acknowledgement") is entered into as of __________________, 2023, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of the University District LLC, a Delaware Limited Liability Corporation (“Developer”). RECITALS A.City and Developer, entered into that certain Public Improvement Agreement, dated April 25, 2021, and recorded on May 21, 2021 as Instrument No. 2021061498 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak North Phase 3B Property (the “Property”), more particularly described in Exhibit A of the Improvement Agreement. Initially capitalized terms not otherwise defined herein shall have the meaning given in the Improvements Agreement. B.City certified in that certain Notice of Completion, dated _________, 2022 and recorded on __________, 2022 as Instrument No. 2022_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on November 22, 2022. C.City has no outstanding claims related to the Improvement Agreement, Improvements, defective labor, or defective materials furnished. D.As the Developer has completed performance under the Improvements Agreement, City desires to record a written statement acknowledging such completion and termination. NOW, THEREFORE, City hereby acknowledges and certifies as follows: 1.Termination of the Improvement Agreement. Developer has completed performance of the Improvement Agreement and the Improvement Agreement is hereby deemed terminated. 2. Survival. Section 6.1, Indemnity, of the Improvement Agreement shall survive termination as set forth therein. 3. Authority. The undersigned represents and warrants that it has the full capacity, right, power and authority to execute, and deliver this Acknowledgement, and all required actions, consents and approvals therefor have been duly taken and obtained. IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the date set forth above. EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -2- CITY: City of Rohnert Park, a municipal corporation By: _____________________ Name: Darrin Jenkins Title: City Manager Authorized by City Council Resolution 2022-___ adopted on November 22, 2022 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Lopez Cuevas Title: City Clerk EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -3- STATE OF CALIFORNIA ) ) § County of ) On , before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. ________________________________ Signature of Notary (Affix seal here) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ITEM NO. 6.G. 1 Meeting Date: November 22, 2022 Department Human Resources Submitted By: Jamie Cannon, Director of Human Resources Prepared By: Jamie Cannon, Director of Human Resources Agenda Title: Adopt a Resolution Authorizing and Approving a Letter to the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Officers’ Association (RPPSOA) RECOMMENDED ACTION: Approve a resolution authorizing and approving a Letter Agreement effective January 15, 2023 to the Memorandum of Agreement (MOA) between the City of Rohnert Park and the Rohnert Park Public Safety Officers’ Association (RPPSOA) effective June 8, 2021 through June 30, 2025. BACKGROUND AND ANALYSIS: This spring, the Public Safety Department will send up to six employees to the Fire Academy. As a result, under the existing work schedule, we would need to hold over employees up to 14 or 15 hours on some shifts. In an effort to address the staffing shortage, a revised temporary work schedule was developed collaborative between Administration, Command Staff, and the Rohnert Park Public Safety Officers Association. This schedule is consistent with alternative patrol schedules used elsewhere in California. It provides comprehensive coverage, and reduces the potential staffing shortages associated with sending Public Safety Officers to the Spring Fire Academy. The City and RPPSOA met and conferred in good faith and agree to temporarily amend the Work Schedule (Section 1.2) from January through May of 2023 when the Fire Academy will end. ENVIRONMENTAL ANALYSIS: None STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Goal C: Ensure the Effective Delivery of Public Services OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends approval of the Letter Agreement in order to achieve necessary staffing levels. 2. Alternative: Staff also considered not temporarily amending the Work Schedule for RPPSOA; however, this would drastically affect staffing levels. As such, staff does not recommend this option. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.G. 2 FISCAL IMPACT/FUNDING SOURCE: None. Code Compliance Approval Date: N/A Department Head Approval Date: N/A Finance Approval Date: N/A Human Resources Approval Date: N/A City Attorney Approval Date: 11/14/2022 City Manager Approval Date: 11/17/2022 Attachments: 1. Resolution of the City of Rohnert Park Authorizing and Approving a Letter Agreement to the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Officers’ Association (RPPSOA) 2. Exhibit A - Letter Agreement effective January 15, 2023 RESOLUTION NO. 2022-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A LETTER AGREEMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK PUBLIC SAFETY OFFICERS’ ASSOCIATION (RPPSOA) WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 2021-070 approving and adopting a Memorandum of Agreement with the Rohnert Park Public Safety Officers’ Association (RPPSOA); and WHEREAS, the RPPSOA and City staff have met and conferred in good faith to amend certain terms and conditions of the Agreement effective January 15, 2023 and expiring on May 20, 2023; and WHEREAS, staff prepared the attached Side Letter Agreement effective January 15, 2023 to the Memorandum of Agreement; and WHEREAS, the attached Side Letter Agreement effective January 15, 2023 has been approved by representatives of RPPSOA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve Side Letter Agreement effective January 15, 2023 to the Memorandum of Agreement for the RPPSOA, which is attached hereto as Exhibit “A” and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 22nd day of November 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A to Resolution AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK PUBLIC SAFETY OFFICERS’ ASSOCIATION Work Schedule Change – Effective January 15, 2023 The City of Rohnert Park (the “City”) and the Rohnert Park Public Safety Officers’ Association (“RPPSOA”) entered into a Memorandum of Agreement effective June 8, 2021 – June 30, 2025 (“MOA”). The City and the RPPSOA are collectively referred to herein as the “Parties.” The City and RPPSOA have met and conferred in good faith, in accordance with the Meyers-Milias-Brown Act (“MMBA”), concerning the terms and conditions of this Agreement. (Work Schedule Change). The specific provisions contained in this Agreement are intended to temporarily supersede any previous agreements, whether oral or written, regarding the matter contained herein. Further, except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the RPPSOA in the MOA shall remain in full force and effect. Whereas Article 1.2 of the MOA (“Existing Article 1.2”) provides: Four (4) consecutive work days of ten (10) consecutive hours followed by three (3) consecutive days off; or twelve (12) hour shifts for patrol personnel as described in Exhibit X consisting of three [3] consecutive work days of twelve [12] consecutive hours followed by four [4] consecutive days off followed by four [4] consecutive work days of twelve [12] consecutive hours followed by three [3] consecutive days off, with an employee receiving an eight [8] hour "payback" once every FLSA work period shall constitute the primary workweek for all employees of the bargaining unit, except those assigned to the Fire Division on the Kelly Plan or "2x4" Schedules, and Public Safety Officer Trainees. Under special or unusual circumstances, alternate workweeks can be implemented by the Director of Public Safety through a side-letter agreement with the RPPSOA following a Meet and Confer Process. Such side-letter agreements shall contain a specific expiration date and shall not establish precedent for future cases. The established work cycle shall commence at 12:01 a.m. on Sunday. Effective January 15, 2023 through May 20, 2023, the Parties mutually agree to temporarily modify Article 1.2 of the MOA to read as follows: Either four (4) consecutive work days of ten (10) consecutive hours, Monday through Thursday, followed by three (3) consecutive days off; or three (3) twelve and a half (12.5) hour shifts, Friday through Sunday, for patrol personnel as described in Exhibit X consisting of three [3] consecutive work days of twelve and a half [12.5] consecutive hours, followed by four [4] consecutive days off, followed by three [3] consecutive work days of twelve and a half [12.5] consecutive hours followed by four [4] consecutive days off, followed by three [3] consecutive work days of twelve and a half [12.5] consecutive hours followed by four [4] consecutive days off, followed by three [3] consecutive work days of twelve and a half [12.5] consecutive hours followed by three [3] consecutive days off, with an employee working a ten [10] hour "payback" once every FLSA work period shall constitute the primary workweek for all employees of the bargaining unit, except those assigned to the Fire Division on the Kelly Plan or "2x4" Schedules, and Public Safety Officer Trainees. Under special or unusual circumstances, alternate workweeks can be implemented by the Director of Public Safety through a side-letter agreement with the RPPSOA following a Meet and Confer Process. Such side-letter agreements shall contain a specific expiration date and shall not establish precedent for future cases. The established work cycle shall commence at 12:01 a.m. on Sunday. This Agreement shall sunset on May 20, 2023 and on that date, Article 1.2 of the MOA shall revert to the Existing Article 1.2. For the City For the RPPSOA ___________________________ ___________________________ Darrin Jenkin, City Manager Casey Quinn, RPPSOA President Date: ______________________ Date: ______________________ ITEM NO. 7.A. 1 Meeting Date: November 22, 2022 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Paul Carey, Senior Analyst Agenda Title: Discussion and Direction Regarding Proposal to Accelerate Major Backbone Infrastructure to Facilitate Development of a Walkable Mixed-Use Downtown Area and Updating the Planning Entitlements RECOMMENDED ACTION: Provide direction on our proposal to accelerate construction of major backbone infrastructure to facilitate development of a walkable mixed-use downtown area. Also, provide direction to update the planning entitlements for the downtown site. BACKGROUND: In April 2022, the City purchased the 30-acre property at 6400 State Farm Drive to make greater progress on downtown Rohnert Park. On May 17, 2022, at a special meeting of the City Council, you provided direction consistent with our recommendation to pursue: 1. Early implementation timing for construction of the downtown; 2. A City cost approach balancing operating and debt service costs with anticipated revenues; 3. Making 15% of the downtown housing units affordable to our workforce defined as families earning 80% of area median income or less;1 4. Including similar housing densities as already approved (400-500 units); and 5. Providing a significant number of high-quality amenities as already approved. In June, we formed a high-level cross-functional team to manage the downtown project with the following members: City Manager, City Attorney, Deputy City Attorney, Public Works Director, Development Services Director, Finance Director, Planning Manager, and Senior Analyst assigned to downtown project. The team has met at least weekly and often more frequently to move the project forward. ANALYSIS: Over the last six months, we’ve met with approximately 30 representatives of major development companies regarding the downtown project, consulted with multiple planning experts, spoken with other cities who have completed similar projects, and reviewed eight different development plans of varying degrees of buildability and intensity. We also commissioned a retail market analysis and a comprehensive economic analysis. 1 Further research since May revealed that the state adopted a deeper 70% affordability requirement than the 80% federal requirement. So, we will adjust to meet the state requirement. CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.A. 2 As a result of this due diligence process, we determined the first step required to advance the project is to obtain direction from Council to accelerate the construction of major backbone infrastructure to facilitate a downtown project, with the understanding that Council will be asked at a later date to consider actual development proposals in detail. We are not seeking direction on the design of a project at this stage. However, we are able to provide Council a preview at this early stage, which describes the general scope and scale of a potential project, including anticipated uses and general design concepts which would be facilitated by the preliminary actions recommended in tonight’s item. We reached the following conclusions regarding the parameters and considerations for a potential project. 1. The location can support a town center on the scale of 140,000 to 150,000 square feet of retail. 2. The location can also support a village center scale project in the range of 80,000 to 90,000 square feet of retail. 3. Placemaking – a walkable project with unique elements, artwork, high-quality amenities, and architecture will be key to the retail success at either scale. 4. While the location can support a retail center in terms of drawing customers and sales, construction of retail development requires rents greater than the market is likely to support, even with a successful project. In other words, the other uses on the site need to cross-subsidize or underwrite the retail component. 5. A hotel use is a key component of the mixed-use project. 6. The current apartment market is very strong – rents are more than is needed to cover construction costs. 7. The townhouse market is not quite as strong, but there are nearby examples of successful projects under construction. 8. Proceeding with the project will require the City to comply with the Surplus Land Act (Government Code § 54220 et seq.). The purpose of the Surplus Land Act is to increase the availability of property in California for affordable housing development by requiring the prioritization of affordable housing when selling or leasing public lands no longer necessary for agency use. The Surplus Land Act includes an exemption for mixed-use projects over 1 acre and 300 units if the projects include 25% affordable housing to households earning under 70% of area median income. We are evaluating the viability of a project which meets the requirements of this exemption. 9. At this early planning and feasibility stage, we are still evaluating cost issues raised by prevailing wage requirements, with the goal of delivering an economically feasible project. 10. A number of configurations, mixes of uses, architectural styles, and features can result in a successful project if costs are contained. We are not requesting input from Council on these options at this early stage. The adopted Form-Based Code for the area provides regulations related to placement of buildings and building entries along the sidewalk, and other “downtown” design features. Beyond the regulations contained within the Form-Based Code, the City need not dictate specific design styles for the project if it proceeds in the future. ITEM NO. 7.A. 3 11. The City constructing backbone infrastructure is a key catalyst to move the project forward because it will make the project site more accommodating to potential developers and therefore more marketable for sale. 12. There is a degree of potential risk if the City builds all of the fine-grained infrastructure elements on the site before selling it to a developer. As with any project, there is no guarantee the project will be built, and there is no legal mechanism to enforce the completion of a project. 13. The affordable housing component is best delivered by an expert affordable housing builder and will require a combination of tax credits, state grants, and City financial support. 14. Mapping the project site and reconfiguring perimeter streets to accommodate parking is a key component of a successful project. Based on these conclusions, we recommend an approach that preserves flexibility on architecture and final layout. The City’s construction of backbone infrastructure allows the City and a future developer to achieve cost benefits and time expediency with future development of the project. Specifically, the installation of infrastructure before selling parcels to a developer makes the property more marketable and desirable as it eliminates the need for developers to plan, construct, and pay for the improvements, all of which can result in time delays and additional expenses. Having backbone infrastructure in place ultimately results in parcels which can be more efficiently and quickly built on by developers. The City can also sell improved parcels for a higher amount than vacant, unimproved land which allows for recovery of City costs spent on the improvements. We also want to maintain our ability to accommodate evolving market conditions, fluctuations in construction costs, material supplies and shortages, and emerging technology to minimize climate impacts. For these reasons, we recommend moving forward with major backbone infrastructure elements at this time. Major Backbone Infrastructure Staff identified common elements in the numerous conceptual plans submitted by several parties over the prior months and years. Namely, each project needs access to and from Rohnert Park Expressway, State Farm Drive, and Enterprise Drive. Focusing on these connections, yields an east-west backbone street and a north-south backbone street (Figure 1). Both of these streets are outside the retail core, preserving placemaking flexibility. The streets also yield two major parcels—one retail focused and one housing focused—and two minor parcels—one hotel focused and one for affordable housing. The Form-Based Code requires the adoption of a “regulating plan” prior to any project approval which will allow for the specific locations of minor streets, alleys and parking areas to be determined for each sub-area as they are developed. ITEM NO. 7.A. 4 Figure 1: Downtown Rohnert Park Major Backbone Infrastructure The retail and housing focused parcels are large enough (approximately 8-10 acres) to maintain flexibility on the final layout and minimize risk of constructing infrastructure in the wrong place. They are also not restricted to retail or housing and could accommodate a vertical or horizontal mixed-use development. The hotel and affordable housing parcels are adequately sized to accommodate these uses and not larger than needed. Both the hotel and affordable housing sites are SMART-train-adjacent which is a benefit to their users. To move the downtown project forward expeditiously, we recommend Council direct the design of major backbone infrastructure elements including at least the following: 1. Demolition and recycling of the building foundation and parking lots. 2. Mass earthwork grading of the entire site. 3. Temporary and permanent storm water control features. 4. Construction of two major streets alignments including underground utilities ITEM NO. 7.A. 5 5. Reconfiguration of State Farm Drive and Enterprise Drive within existing curb and gutter alignments. 6. Addition of a slip street or multi-way boulevard and parking alongside existing lanes on Rohnert Park Expressway. 7. Addition of a signalized crossing of Rohnert Park Expressway at Lynne Conde Way. 8. Construction of parks along Enterprise Drive similar to those previously approved with the final development plan. 9. Mapping actions as required for parcels on which the infrastructure will be placed. Recommended Planning Entitlement Changes The prior owner of 6400 State Farm Drive received approval of a number of planning entitlements which will need to be rescinded in the future if the backbone infrastructure is constructed and the project ultimately proceeds. Some of these actions include but are not limited to: replacing the Zoning Map designation with a Form-Based Code designation; rescinding the prior Final Development Plan, Conditional Use Permit, Development Agreement, and Design Review determination; and adopting new Tentative and Final Subdivision Maps. We prepared Table 1 below summarizing the entitlements and recommended actions. With City Council direction to move forward with updating the entitlements staff can embark on the processes to formally rescind and update the entitlements. Each of these items would be brought back to City Council and/or Planning Commission as required. ENVIRONMENTAL ANALYSIS: We have reviewed the adopted Environmental Impact Report (EIR) for the Central Rohnert Park Priority Development Area dated December 2015 as well as recent changes to CEQA that benefit transit-oriented development. The recommended backbone infrastructure activities recommended herein are consistent with, and within the scope of prior CEQA review on the project area. If the project ultimately proceeds, further CEQA consistency evaluations will be required. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: One of the City Council’s strategic priorities is “make progress on the downtown”. Providing direction on proceeding with designing the major backbone infrastructure of 6400 State Farm Drive aligns with that strategic priority. OPTIONS CONSIDERED: 1. Recommended: Approve designing the downtown backbone infrastructure as described in this report. Moving forward with designing and implementing an infrastructure backbone now continues making progress on downtown Rohnert Park. Keeping the infrastructure plan general allows us and future developers to remain flexible in designing the future downtown Rohnert Park. We have successfully implemented a similar approach in the Stadium Lands Master Planned community. We designed the major backbone cross streets and related infrastructure, split the 33+ acre Stadium Lands property into four lots, and spurred development of two hotels and three residential neighborhoods. 2. Not Recommended: ITEM NO. 7.A. 6 Council could provide alternative direction on how it prefers staff to implement the downtown project. FISCAL IMPACT/FUNDING SOURCE: The 2019 cost estimate for constructing all of the downtown infrastructure was approximately $38 million dollars. We consider the $38 million dollars to be in the range of downtown infrastructure costs along with financial support for the affordable housing project. A more updated cost of implementing the backbone infrastructure will be developed during the design process. Downtown infrastructure costs are funded via the Capital Improvement Program (CIP) 2226 project fund. The project includes appropriations of $12 million this fiscal year which is more than sufficient to fund design of the backbone infrastructure. We are exploring additional funding sources including grants, loans, bonds, cash financing, and proceeds of land sales for funding the construction costs. Department Head Approval Date: Not applicable City Attorney Approval Date: 11/14/2022 City Manager Approval Date: 11/15/2022 Attachments: 1. Presentation - Downtown Discussion and Direction - Major Backbone Infrastructure Darrin Jenkins City Manager November 22, 2022 1 Accelerate construction of major backbone infrastructure Update planning entitlements for the downtown site 2 Location can support a major retail center Apartment market is very strong Townhouse market ok Surplus Land Act includes exemption ◦1+ acre mixed-use project, 300+ units, 25% affordability 3 City construction of backbone infrastructure ◦Catalyst to move project forward Placemaking is essential ◦Walkable, unique elements, artwork, high quality amenities Hotel use ◦Crucial for a mixed-use project Reconfiguration of perimeter streets to accommodate parking 4 East-West backbone street North-South backbone street Both streets are outside retail core, preserving placemaking flexibility. The streets yield two major parcels and two minor parcels 5 6 City Improvements •Restripe State Farm City Improvements •Construct “collector road” •Street striping City Improvements •Construct major cross streets w/utilities City Improvements •Utilities •Open Space/Park 7 Darrin Jenkins City Manager November 22, 2022 1 Accelerate construction of major backbone infrastructure Update planning entitlements for the downtown site as needed 2 Location can support a major retail center Apartment market is very strong Townhouse market ok Disposal of parcel requires compliance with Surplus Land Act 3 City construction of backbone infrastructure ◦Catalyst to move project forward Placemaking is essential ◦Walkable, unique elements, artwork, high quality amenities Hotel use ◦Crucial for a mixed-use project Reconfiguration of perimeter streets to accommodate parking 4 East-West backbone street North-South backbone street Both streets are outside retail core, preserving placemaking flexibility. The streets yield two major parcels and two minor parcels 5 I. Retail Focused III. Residential Focused 6 City Improvements •Restripe State Farm City Improvements •Construct “collector road” •Street striping City Improvements •Construct major cross streets w/utilities City Improvements •Utilities •Open Space/Park I. Retail Focused III. Residential Focused Provide direction on implementation of backbone infrastructure. Direct staff to update planning entitlements for the downtown site as needed. 7 8 ITEM NO. ___7.B.________ 1 Meeting Date: November 8, 2022 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Discussion and Direction on Changes to Development Services Positions RECOMMENDED ACTION: Consider staff’s proposal to adjust staffing in Development Services. BACKGROUND: The Development Services Department was reorganized approximately 18 months ago in a transition that moved some of the engineering functions and all of the capital improvement program function to the Public Works Department. Since that time, Development Services’ functions have continued to evolve and change to the point where changes to some positions are warranted. 1. Over the past year, Development Services has led the City’s efforts related to homelessness. Work included significant revisions to the City’s camping regulations, the opening and operation of the City’s 60-unit interim housing project at Labath Landing and implementation of the City’s managed encampment program. This work has significantly expanded the roles of the City’s Housing Administrator and Homeless Services Coordinator, who currently work in the planning division. Development Services is proposing to establish an independent housing division, reclassify the Housing Administrator to a Housing Manager and revise compensation for the Homeless Services coordinator to be competitive with other agencies. 2. Because the City continues to experience significant demand for new development and significant reliance on consultants to help manage that demand, as part of the FY 21-22 budget process, the City Council approved adding a Senior Planner position to Development Services. This added position is intended to support more complex planning applications and reduce the City’s dependence on consultants. The position is currently vacant and Development Services has been unable to successfully recruit for this position. Staff recently conducted a compensation study for the Senior Planner classification in other agencies comparable to the City and found that the City’s current pay range was approximately 4% below the median range of the other agencies. Development Services is proposing to increase the compensation for the Senior Planner with the goal of improving the City’s ability to recruit for the position. 3. Development Services’ Accounting Technician II has recently been promoted to an Accountant in the Finance Department. Development Services and Finance have reviewed the effects of this change on the workflow between the two Departments and agreed that some duties historically performed by the Accounting Technician will be assumed by the new Accountant in the Finance Department. The remaining duties in 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 Development Services Department are higher level administrative work supporting Development Services’ various agreements with applicants and contracts for service. Based on this review, Development Services is proposing to reclassify the Accounting Technician II position to an Administrative Assistant with some associated cost savings. 4. Development Services’ GIS Technician is one of the few positions in the Department that does not have a I/II classification to differentiate between more and less experienced employees. The current GIS Technician provides services citywide and a strong overlap with and redundancy for the Engineering Technician I/II. The Department is proposing to create a GIS Technician I/II position for general parity with other technician job descriptions in the Department. ANALYSIS: 1. Changes to the housing staff: the Housing Administrator position was created several years ago when the primary function of the position was the manage the City’s affordable housing program, including maintaining the City’s Housing Element. Because of the City’s focus on mitigating the impacts of homeless, the position has grown to include managing a broad scope of housing resources, including a managed encampment, and interim supportive housing project in addition to a conventional affordable housing project. The position is now responsible for a budget of over $2 million with much of the revenue coming from outside grant funding. Staff analyzed similar positions throughout the bay area and concluded that this scope of responsibility is typically performed by a management employee with a top step compensation of approximately $140,000. Staff is proposing to create a new Housing Manager position and place the position at range 60M, which is consistent with peer agencies. The Housing Administrator position, currently at range 52RP, would be eliminated. The Housing Manager supervises the City’s Homeless Services Coordinator, whose responsibilities have also grown over the past 2 years. Staff has analyzed similar positions throughout the bay area and concluded that comparable positions pay 4 % more than the City does. Staff is proposing to reclassify the Homeless Services Coordinator position from range 43RP to range 44RP to provide a competitive salary for the work. 2. Changes to Senior Planner compensation: staff is also proposing to increase wages for the Senior Planner position to remain competitive. The position is currently classified at range 52RP and new suggested range for Senior Planner is 54RP, with a top salary of $120,834 3. Reclassifying Accounting Technician II to Administrative Assistant II: staff is proposing to replace an Accounting Technician II (range 36RP) position with an Administrative Assistant I/II (range 34RP) position to more appropriately reflect the type of work being done in Development Services. 4. Reclassify the GIS Technician position to be a GIS Technician I/II: staff is proposing to expand the GIS Technician position (range 35RP) to include a I/II description similar to the engineering technician and building permit technician descriptions. The GIS Technician I would remain at range 35RP and the GIS Technician II would be placed at Range 39RP, comparable to the Engineering and Building Permit Technician II. STRATEGIC PLAN and COUNCIL PRIORITIES ALIGNMENT: Approving these position changes is consistent with Strategic Plan Goal C – Ensure Effective Delivery of Public Services. ITEM NO. ___7.B.________ 3 OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends replacing the Housing Administrator with a Housing Manager, increasing the pay range for the Homeless Services Coordinator, Senior Planner and GIS Technician and reclassifying the Accounting Technician II to an Administrative Assistant II. This combination of staffing and pay ranges will allow Development Services to attract and retain qualified professionals into a structure that supports the Department’s work. The proposed structure (1) addresses retention and recruitment concerns, and (2) distributes assigned duties and workload at the correct levels. 2. Alternative: Make recommended changes only for the Senior Planner and Accounting Technician/Administrative Assistant. While this option would address the immediate recruitment concerns and ensure that work is done at the correct level, it would result in compensation for housing and GIS staff that is not competitive with market and could present retention issues for the City. 3. Alternative: Make only the Accounting Technician/Administrative Assistant change. While this alternative would have the least fiscal impact to the City, it would not address retention and recruitment challenges. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is summarized below. Annual Salary Benefits Total Eliminate: Housing Administrator – Range 52RP ($115,011) ($53,022) ($168,033) Add: Housing Manager – Range 60M $140,131 $77,985 $218,116 Total Increase (Decrease)$50,083 Eliminate: Senior Planner - Range 52RP ($115,011) ($53,022) ($168,033) Eliminate: Accounting Technician II – Range36RP ($77,474) ($41,273) ($118,747) Add: Senior Planner - Range 54RP $120,834 $54,729 $175,563 Add: Administrative Assistant II – Range 34RP $73,741 $40,214 $113,955 Add: GIS Technician II – Range 39RP*$7,847 $0 $7,847 Total Increase (Decrease)$10,585 Homeless Services Coordinator -Range 44RP*$2,302 $0 $2,302 Total Increase (Decrease)$2,302 Cost Summary - Housing Agency Successor Fund (Fund 5720) Cost Summary - Development Services (1000 2000) Cost Summary - Development Services - Homelessness Program (1000 2250) * Increase in Salary Only - Benefits Do Not Change The proposed change from Housing Administrator to Housing Manager will be funded through the Successor Agency Housing Fund (Fund 5720). The special purpose, former Redevelopment Agency fund, can be used only for funding administration of the City’s program and funding rapid re-housing programs. The fund has a balance of approximately $1,000,000 and can support the additional salary and benefits burden of approximately $50,083. A budget amendment will be ITEM NO. ___7.B.________ 4 needed to provide additional appropriations in Successor Agency Housing Fund to cover the increase in salary and benefits. The proposed changes to Senior Planner, Administrative Assistant and GIS Technician will be funded through Development Services main operating budget (Fund 10002000). The change from Accounting Technician II to Administrative Assistant contributes some savings to the operating budget and the Department is generally underspending in salary and benefits because the Senior Planner position is vacant. Both the Senior Planner and GIS Technician support developer cost recovery work so the Department will experience some increase in revenues as these positions come onboard and begin to work for development interests. Staff believes the relatively modest $10,585 in changes to salary and benefits can be covered from cost recovery revenues and salary savings without the need for a budget amendment. The proposed change to the Homeless Services Coordinator salary will be funded from the Development Services Homelessness Program (Fund 10002250). Staff anticipates the need to amend this budget to take advantage of several new revenue sources, including County funding and funding from the Federated Indians of Graton Rancheria and to cover new expenses associated with the managed encampment at Roberts Lake Road. The very modest change to salary costs can be covered by these additional revenue sources. Code Compliance Approval Date: N/A Department Head Approval Date: 11/07/22 Human Resources Director Approval Date: 11/08/22 Finance Approval Date: 11/08/22 City Attorney Approval Date: N/A City Manager Approval Date: 11/15/22 Presented by Mary Grace Pawson, Development Services Director November 22, 2022 1 Promote Housing Administrator to Housing Manager and Increase Compensation for Homeless Services Coordinator ◦Staff has increased responsibility with Labath Landing and Encampment Management ◦Proposed salaries are in line with peer agencies ◦Total annual cost is $52,400 ◦Funding Source is Successor Agency Housing Fund (~$50k) and Casino Workforce Housing and Neighborhood Upgrade (~$2.4K) 2 Increase compensation for Senior Planner, add I/II class distinction to GIS Tech and convert Accounting Tech to Admin Assistant ◦Brings salaries in line with peer agencies ◦Ensures work is done at the right level ◦Total annual cost is $10,585 ◦Funding Source is General Fund with potential cost recovery offsets 3 Consult with Rohnert Park Employee Association –ongoing Direction from City Council –tonight Resolution implementing change –December 13, 2022 4 ITEM NO. 7.C. Meeting Date: November 22, 2022 Department: Public Works Submitted By: Vanessa Garrett, Public Works Department Prepared By: Vanessa Garrett, Public Works Department Agenda Title: Discussion and Direction on Placing a California Refund Value Redemption Center in Rohnert Park RECOMMENDED ACTIONS: Consider adding a California Refund Value (CRV) Redemption Center in Rohnert Park BACKGROUND: The California Beverage Container Recycling and Litter Reduction Act (the California Bottle Bill) serves two purposes: to reduce litter pollution and increase the reuse of recycled material. In California, this is accomplished with the California Redemption Value (CRV): a charge for purchasing a recyclable bottle/can and a refund when that bottle/can is brought back to designated stores. All beverages sold in California are labeled with a CRV message on the container (Usually 5 cents or 10 cents). Stores in the state are required to charge a fee per recyclable bottle purchased, and the state requires stores to refund customers for bottles/cans that are brought back to the facility. There was a privately managed CRV redemption center in the CVS parking lot in Rohnert Park until 2020. It was a well-utilized facility but had some issues with illegal dumping occurring in the vicinity. During a previous City Council meeting, Councilmember Stafford and Councilmember Giudice requested an item to discuss the potential options for bringing another CRV Redemption Center to Rohnert Park. ANALYSIS: Currently, eight facilities are listed on the CalRecycle website as CRV redemption centers within the city limits. The facilities are major grocery stores including Foodmaxx, Raley’s, and Target. Staff contacted each facility and verified that six of these centers currently issue refunds for bottles and cans and two have suspended service due to COVID. The redemption locations are listed in Attachment 1. In discussing the program with private facility staff members, it was noted that there is an observed increase in transient populations bringing in bottles and cans for CRV redemptions at their locations. Zero Waste Sonoma has offered to apply for a grant that would open another CRV redemption facility within the city limits until the end of 2026. The goal of the grant is to provide residents and consumers in underserved areas of Rohnert Park with redemption opportunities. The proposed CRV redemption facility is Flip Side Thrift, of which the parent organization is United Cerebral Palsy near the intersection of Hunter Drive and Commerce Blvd. The facility would be operated by a nonprofit during normal business hours. Currently, six jurisdictions within the County have a CRV redemption facilities through this grant. The location is allowed by the City’s zoning ordinance with an administrative permit unless it is elevated due to public opposition during the notification process. 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. There is some concern about creating an attractive nuisance with a CRV redemption center based on feedback received from grocery stores that currently issue CRV refunds. Historically, these facilities are also a common place where illegal dumping occurs. Illegal dumping will need to be addressed through the non-profit in an expedient manner. In the past the non-profit has been very responsive in the past when they managed the previous facility. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This item supports the City’s value of fiscal responsibility and adapting to climate change. OPTIONS CONSIDERED: 1. Staff recommended option: Proceed with the grant opportunity through Zero Waste Sonoma to create a CRV refund facility in the City. This allows for another redemption facility to be available to the public, giving even more opportunity to allow the community to redeem bottles and cans for recycling purposes. The facility is also more recognizable to the community as serving this purpose, whereas residents may not know that grocery stores can redeem bottles and cans for a refund. 2. Continue to have residents utilize the existing facilities within the city limits that currently issue CRV refunds without creating a CRV refund facility. Staff can commit to occasional social media posts to educate people about these facilities FISCAL IMPACT/FUNDING SOURCE: There is minimal fiscal impact to complete the grant application with Zero Waste Sonoma. Staff in the Public Works Department have capacity to perform the grant management work required with the grant. Department Head Approval Date: NA Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval Date: 11/7/2022 Attachments: 1. Existing CRV locations 2. Cal Recycle CRV location application Store Name Address Issues Refunds Currently? Big Lots 565 Rohnert Park Expressway Yes CVS/pharmacy 6378 Commerce Blvd Yes Food Maxx Store 605 Rohnert Park Expy W Yes Grocery Outlet 6335 Commerce Blvd Yes Raleys Supermarket 100 Raleys Towne Ctr Yes Target 475 Rohnert Park Expy W Yes Safeway Store 6340 Commerce Blvd No Walmart Neighborhood Market 901 Golf Course Dr No Department of Resources Recycling and Recovery Certification and Registration Branch Application Instructions for Supplemental Pilot Project Jurisdictions General Instructions for Supplemental Jurisdiction Applicants: • It is preferred that pilot project applications be typed using the provided electronic, fillable PDF form. • Read the following instructions prior to completing your application. • If a field does not apply to you, do not leave it blank. Instead, write “N/A” for not applicable. • Review your application for completeness before submission. Incomplete applications delay the process. • Make sure to submit all required information with your application, including attachments. • If you have questions, please e-mail CalRecycle at: RCPilot@CalRecycle.ca.gov Section 1 – Name of Supplemental Applicant Jurisdiction: This is the name of the jurisdiction that is applying to join an existing pilot project. Authorizing Department or Office: This is the name of the department or office that is applying and has the authority to apply on behalf of the jurisdiction. Local Government Agency Type: Check the type of government agency that is applying. Business Address: This is the address where you will store your business records. Include the suite/office number, if applicable. This cannot be a PO Box. Mailing Address: This is the address where CalRecycle will send important notices. Include the suite/office number, if applicable. This address may be a PO Box. If it is the same as the business address, write “same”. Business Phone: This phone number should be the general phone number for the jurisdiction. This may be a main front desk number. E-mail: This is the general e-mail address to reach the jurisdiction. It should be an e-mail address that is checked regularly, as CalRecycle may send important updates about our program to this address on file. Website: The jurisdiction’s public website. Taxpayer ID: THIS FIELD CANNOT BE LEFT BLANK OR YOUR APPLICATION WILL NOT BE ACCEPTED. This is also known as the Employee Identification Number of the Authorizing Department or Office. Supplemental Jurisdiction Information Section 2 – Name: The first name, middle name, last name, and suffix (Jr., Sr., III, etc.) of the person who will be the primary contact for your jurisdiction. This person will receive U.S. mail, e-mails, and phone calls related to the pilot program. This person may or may not be the person authorized to sign the application. Title: This is the contact person’s job title, such as, ”City Manager”. Direct Phone: This is the best phone number for the contact person during normal business hours. Include the area code. E-mail: This is the e-mail address for the contact person. Please use an e-mail address that is checked regularly, as CalRecycle may send important updates about our program to this address on file. Attach a Business Card (Optional): You may attach a business card. Contact Information Section 3 – Question 1 – Provide the name of the existing pilot project you propose to join. (Jurisdiction(s)) Question 2 – Check all that apply. Note: Contact CalRecycle at RCPilot@CalRecycle.ca.gov to obtain convenience zone (CZ) information for your jurisdiction. Question 3 – Indicate the planned beginning and ending dates of your pilot project. Question 4 – Include in your application packet a detailed pilot project area map. This map shall show the proposed locations of pilot project recycler(s) and the proposed boundaries of the pilot project area. It shall include convenience zones and other information about the jurisdiction and/or pilot project recycler(s). Note: Contact CalRecycle at RCPilot@CalRecycle.ca.gov to request a convenience zone (CZ) map of your jurisdiction with current convenience zones, operational recycling centers, rural boundaries, city or county boundaries, etc. Question 5 – Read the question, and answer for your jurisdiction. Question 6 – Include a description of how your pilot project will meet the requirements of Section 14571.9 of the California Beverage Container Recycling and Litter Reduction Act. In this description, include an analysis of the potential impacts on beverage container recycling within your jurisdiction. This must also include a detailed description of how pilot project recycler(s) will operate within your jurisdiction. You may attach additional pages as necessary. Pilot Project Description Section 4 – Organization Name: This is the organization name of a proposed pilot project recycler operating within your jurisdiction as a part of your pilot project. Taxpayer / Federal Employer ID Number (EIN): This is the taxpayer I.D. / Federal Employer Identification Number (EIN) of the proposed pilot project recycler. Organization Contact Person Name: This is the full name of the contact person for the proposed pilot project recycler. Contact Phone: This is the best number to reach the contact person for the proposed pilot project recycler. Include the area code. E-mail: This is the e-mail address to reach the contact person for the proposed pilot project recycler. Business Address: This is the address where the proposed pilot project recycler will store their business records. Include the Suite/Office number, if applicable. This cannot be a PO Box. Methods of Redemption: This is the type(s) of redemption method(s) the proposed pilot project recycler will be using. If other, include a brief description that explains how they will redeem empty beverage containers. Note: There is space in Section 4 to include information for up to four proposed pilot project recyclers. Attach additional pages as necessary. Proposed Pilot Project Recyclers Section 5 – Who Must Sign the Affidavit: Only the authorizing individual of the jurisdiction (a person legally able to bind the jurisdiction) may sign the affidavit. Executed at: The city, county, state, and date where this application was signed. Signature: Sign the application, preferably in blue ink. This must be an original, “wet-ink” signature. If using an electronic, fillable PDF form, please print out and sign the form. Neither copies, scans, faxes, or e-mails of the form, nor electronic signatures, will be accepted. Name: The first name, middle name, last name, and suffix (Jr., Sr., III, etc.) of the person who signed the application. Title: The title of the person who signed the application, such as, "City ”Manager”. Direct Phone: The phone number, including area code, where this person can be reached during normal business hours. E-mail: An e-mail address for the person who signed the application. Declarations and Signatures 1 DIVISION OF RECYCLING / CERTIFICATION UNIT 801 K Street, MS 15-59, Sacramento, CA 95814 (916)324-8598 www.calrecycle.ca.gov State of California Department of Resources Recycling and Recovery CalRecycle 917SUP (New 8/2022) State of California Gavin Newsom, Governor Pilot Project Application Supplemental Jurisdiction Application •Write N/A for any items that are not applicable SECTION 1 – SUPPLEMENTAL JURISDICTION INFORMATION Name of Supplemental Applicant Jurisdiction Authorizing Department or Office Local Government Agency Type (For multi-party jurisdictions: Complete and attach a separate Section 1, 2 and 5 for each jurisdiction) ❏City ❏ County ❏ Tribe ❏ Combination of Jurisdictions (“Multi-party” - Cities, Counties, and/or Tribal Governments) Business Address (no PO Boxes) Suite/Office City County State Zip Mailing Address (indicate if same as business) Suite/Office City County State Zip Area Code Business Phone ( ) E-mail Website Taxpayer ID Required for ALL applications. SECTION 2 – CONTACT INFORMATION First Name Middle Name Last Name Suffix Title Area Code Direct Phone E-mail Attach a business card. (Optional) (CalRecycle 917SUP – New 8/2022) DOR USE ONLY Reg ID _________________ Case # ________________ Pilot # ________________ ( ) 2 SECTION 3 – PILOT PROJECT DESCRIPTION 1. What pilot project do you propose to join? __________________________________________________________ 2. The proposed addition to the existing pilot project will serve (check all that apply): ❑ At least three unserved convenience zones ❑ One or more convenience zones impacting a total of at least 30 dealers in unserved convenience zones ❑ A rural region 3. What are the planned dates of operation for this proposed pilot project? Beginning:__________________________________ Ending:__________________________________ 4. Provide an official map of the proposed pilot project area. Include the boundaries of the proposed pilot project area and the proposed location(s) of pilot project recycler redemption locations. Note: Contact CalRecycle at RCPilot@CalRecycle.ca.gov to request an official map of your area. 5. Will your jurisdiction maintain pilot project information and data, and upon request by CalRecycle, be able to provide information related to: 1) Costs to the jurisdiction to operate or monitor a pilot project, and 2) Any complaints received about the pilot project? ❑ Yes ❑ No 6. Describe how this addition to an existing pilot project will meet the requirements of Section 14571.9 of the California Beverage Container Recycling and Litter Reduction Act. Include a description of how the addition of the supplemental applicant will affect compliance with the requirements of section 14571.9 of the Act. Include a description of how the addition of the supplemental applicant and revised pilot project area will affect the previously approved pilot project. Include an analysis of the potential impacts on beverage container recycling within your jurisdiction and on the existing pilot project jurisdiction(s) as a result of the addition of the supplemental applicant. This should also include a detailed description of how the pilot project recycler(s) will operate the proposed pilot project within your jurisdiction. (Attach additional sheets as necessary.) ______________________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 3 SECTION 4 – PROPOSED PILOT PROJECT RECYCLERS Attach additional sheets as necessary. Organization Name Taxpayer / Federal ID - EIN Organization Contact Person Name (First, Last) Area Code Contact Phone E-mail Business Address (no PO Boxes) Suite City County State Zip Method(s) of Redemption: ❏MobileService ❏StationaryLocation ❏Other (brief description): ___________________________________________________ _________________________________________________________________________ Organization Name Taxpayer / Federal ID - EIN Organization Contact Person Name (First, Last) Area Code Contact Phone E-mail Business Address (no PO Boxes) Suite City County State Zip Method(s) of Redemption: ❏MobileService ❏StationaryLocation ❏Other (brief description): ___________________________________________________ _________________________________________________________________________ Organization Name Taxpayer / Federal ID - EIN Organization Contact Person Name (First, Last) Area Code Contact Phone E-mail Business Address (no PO Boxes) Suite City County State Zip Method(s) of Redemption: ❏MobileService ❏StationaryLocation ❏Other (brief description): ___________________________________________________ _________________________________________________________________________ Organization Name Taxpayer / Federal ID - EIN Organization Contact Person Name (First, Last) Area Code Contact Phone E-mail Business Address (no PO Boxes) Suite City County State Zip Method(s) of Redemption: ❏MobileService ❏StationaryLocation ❏Other (brief description): ___________________________________________________ _________________________________________________________________________ ( ) ( ) ( ) ( ) 4 SECTION 5 - DECLARATIONS AND SIGNATURES Who must sign the affidavit: The authorizing individual of the supplemental jurisdiction must sign. a)I agree to administer the pilot program in compliance with the California Beverage Container Recycling and Litter Reduction Act, including all relevant regulations contained in Chapter 5 of Division 2 of Title 14 of the California Code of Regulations. b)I declare under penalty of perjury under the laws of the State of California that all information on this application and supporting documents is true and correct and that I am authorized to sign this application. Executed at: City County State Date Signature (Must be an original, “wet-ink”, signature) First Name Middle Name Last Name Suffix Title Area Code Direct Phone E-mail INTERNAL CALRECYCLE USE ONLY Indicate the condition(s) met by this supplemental jurisdiction: ❑This jurisdiction meets the requisite number of unserved zones. ❑75% of convenience zones in this jurisdiction are unserved. ❑This jurisdiction is located in a rural region. ( ) 5 Application Checklist Supplemental Jurisdiction Application Before Mailing Your Application, Did You: ❑ Include a Taxpayer / Federal Employer ID Number (EIN)? o All applicants MUST have a Taxpayer / Employer ID in Section 1. ❑ Provide an Original “Wet-Ink” Signature? o Section 5; see Instructions for requirements. ❑ Provide an Original Pilot Project Application Form? o If using an electronic, fillable PDF form, when complete, print out the form, have it signed, and mail the original paper application to CalRecycle at the address provided on the form. Note: Copied, scanned, faxed, or e-mailed application forms will not be accepted. Do Not Forget to Include: ❑ A written authorization from each constituent entity in the existing jurisdiction, stating that it consents to the addition of the supplemental applicant to the jurisdiction and the resulting change to the pilot project. The written authorization shall be on the consenting jurisdiction’s letterhead and be signed by an individual with the authority to bind the constituent entity. ❑ An official, CalRecycle-provided, map of the proposed pilot project area. ❑ The list of proposed pilot project recyclers. Tribal Government Applications: ❑ Any tribe seeking approval of a pilot project application, either as a single-party jurisdiction, or as a part of a multi-party jurisdiction, shall provide written authorization for the Division to: o Enter tribal lands to verify the content of the pilot project application, and; o Enter tribal lands to verify compliance with the Act and pilot program regulations by conducting audits and unannounced inspections of any location where beverage containers are redeemed, weighed, or inspected. Vanessa Garrett, Public Works Director Dustin De Matteo, Sustainability Manager 1 What is California Refund Value (CRV)? Current CRV Recycling Center Locations Discussion and Direction of Proposed Options 2 ◦The Beverage Container Recycling and Litter Reduction Act ◦California Refund Value (CRV) is the amount paid to consumers when they recycle beverage containers at certified recycling centers. ◦Usually 5 to 10 cents per container 3 4 1.Staff recommended option: Proceed with adding CRV facility through grant opportunity. 2.Other option: Continue utilizing existing facilities for CRV redemption for residents. 5 ITEM NO. 7.D. 1 Meeting Date: November 22, 2022 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Jeffrey Beiswenger, Planning Manager Agenda Title: PUBLIC HEARING: Consider Introducing by Title Only and Waiving Reading of an Ordinance Amending Rohnert Park Municipal Code Title 17 - Zoning, Section 17.07.020 (Footnotes) Regulating Accessory Dwelling Units and Junior Accessory Dwelling Units in Response to Recent Changes to State Law Concerning Accessory Dwelling Units and Junior Accessory Dwelling Units (CEQA: Exempt, Pub. Res. Code 21080.17) RECOMMENDED ACTION: Hold a public hearing, introduce by title only, and waive first reading of an ordinance to amend Rohnert Park Municipal Code (RPMC) Section 17.07.020 with respect to Accessory Dwelling Units and Junior Accessory Dwelling Units. BACKGROUND: Accessory Dwelling Units (ADUs), also called secondary dwelling units, in-law apartments, or granny units, are an important housing resource for communities in California. ADUs can be created by converting a portion of existing living space in a single-family home to a separate dwelling unit which is often called a Junior Accessory Dwelling Unit (JADU), adding space to an existing home (for example, an apartment over a garage) or construction a detached structure. The state has defined the housing shortage in California as an issue of statewide significance and identified increased development of ADUs and JADUs as one approach to increasing the housing supply. In October 2019, the governor signed into law Assembly Bill 68, Assembly Bill 881 and Senate Bill 13, which change and place limits on local agency discretion around the permitting of ADUs. In addition, the state legislature approved and the Governor signed Assembly Bill 671 requires local agencies to develop a plan to incentivize the creation of ADUs that are offered to very low, low, and middle-income households. All of these bills became effective January 1, 2020. Since January 1, 2020 city regulations have: • Required the approval or denial applications for ADUs within 60 days of receiving a completed application (unless the application is proposed in conjunction with an application for a new single-family dwelling); • Allows ADUs in all areas zoned for residential uses; • Allows for ministerial approval of: Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.D. 2 o Conversion of existing space into ADUs within existing multi-family projects, requiring local jurisdictions to allow at least one new unit per building or 25 percent of the existing units, whichever is greater; o Two new detached ADUs on lots with a multi-family dwelling four foot side and rear setbacks; o One ADU or junior ADU within the space of a proposed or existing single-family dwellings or accessory structure, provided that there will be independent exterior access to the unit and sufficient side and rear setbacks for fire and safety, notwithstanding any other local development standards; o One new detached ADU on each single-family lot, notwithstanding other local development standards, but subject to a size limitation of 800 square feet; • Exempted ADU projects from lot size restrictions; • Established special height limits for ADUs; • Allowed for the construction of 800 square foot ADU, with any necessary exemptions to lot coverage, floor area ratio, or open space with 4-foot rear and side setbacks; • Required owner occupancy in the primary dwelling or ADU for new ADUs between January 1, 2020 and January 1, 2025; • Exempted ADUs from parking requirements: • Allowed for ADUs less than 850 square feet for a studio or one-bedroom unit or 1,000 square feet for an ADU with more than one bedroom; • Exempt ADUs from fire sprinkler requirements if they are not required for the primary residence; • Exempting ADUs less than 750 square feet from impact fees and limiting fees on ADUs over 750 square feet to be charged proportionately in relation to the square footage of the primary dwelling unit on the same lot. In response to Assembly Bill-345 adopted in the 2021 California legislative session, as well as Assembly Bill-2221 and Senate Bill-897, adopted in the 2022 California legislative session, addition changes are mandated to local regulations that apply to accessory dwelling units. ANALYSIS: The City of Rohnert Park’s The Rohnert Park Municipal Code Section 17.07.020(X) “Accessory Dwelling Units” has standards and language that must be updated to be compliant with new state legislation. Staff recommend the following amendments to the Code to ensure compliance with new state mandates: 1. The removal of all subjective design or development standards, including a requirement to match the architecture, style and color of the existing home. • A clarification on when fire sprinklers are required. The construction of an ADU may not trigger the requirement to install sprinklers in any existing dwelling unit, as expressly stated in state law • Increase in height limits, to those height limits that are required in state law. ITEM NO. 7.D. 3 • Exemptions to certain development standards (including allowing units to go into the front yard setback) if needed to allow for an 800 square foot ADU. • A clarification related to attached garages. These are considered part of the single-family residence for the purposes of establishing an ADU. • Requirements related to adequate water and sewer service may be included. Table 1 indicates the number of ADU constructed in the past five years, which is very low compared to other jurisdictions (e.g., the City of Santa Rosa permits approximately 100 ADUs per year). The City has experienced a slight uptick in interest since the regulations were updated in 2020. Table 1 ADU Permits Issued Year ADU Permit 2018 3 2019 1 2020 4 2021 7 Source: 2018-2021 Housing Element, Annual Progress Report Given the lessening of restrictions, owners may show more interest in developing ADUs on their property. The changes proposed with this code update may allow for more ADUs to “fit” on constrained residential parcels and the streamlined processing and less stringent development requirements may help reduce costs. The State requires that regulations, consistent with state law are adopted and in place by January 1, 2022. The proposed amendments will keep the City in compliance with state law. PLANNING COMMISSION HEARING: On November 10, 2022 the Planning Commission held a public hearing to consider the proposed amendments. The Commission recommended that the Council adopt the municipal code. FINDINGS: In order to amend a section of the zoning ordinance certain findings must be met, specifically consistency with the General Plan. The findings are included in the attached ordinance. ENVIRONMENTAL REVIEW DETERMINATION: This ordinance is statutorily exempt pursuant to Public Resources Code Section 21080.17, which exempts adoption of an ordinance to implement regulations for accessory dwelling units pursuant to Government Code Section 65852.2. PUBLIC NOTIFICATION: Since this is a change to the municipal code, a public hearing is required before the Planning Commission and the City Council. The Planning Commission hearing was held on November 10, 2022 and this item has been duly noticed by publication in the Community Voice for a public hearing in front of the City Council. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The proposed action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. ITEM NO. 7.D. 4 OPTIONS CONSIDERED: 1. Conduct a public hearing and introduce an ordinance amending Rohnert Park Municipal Code Section 17.07.020(X) – Footnotes, 17.10.060 – Accessory structures (Recommended). The proposed ordinance will ensure that all Rohnert Park Municipal Code Sections addressing ADUs and JADUs are enforceable and consistent with current state law. 2. Direct staff to make specific modifications to the proposed ordinance (Not Recommended). The proposed ordinance is consistent with changes to state law. The City’s current ADU Code will become inconsistent with state law and any inconsistent provisions will become unenforceable on January 1, 2023. Updating the Code would allow the City to set and enforce its priorities and development standards to the extent permitted by state law. FISCAL IMPACT/FUNDING SOURCE: Updates completed by city staff. The funding source for this effort is the City’s General Fund, which includes budget for the Development Services Department and legal services. Department Head Approval Date: 10/31/2022 Finance Director Approval Date: N/A City Attorney Approval Date: 10/31/2022 City Manager Approval Date: 11/09/2022 Attachments: 1. Ordinance amending Section 17.07.020 Amending Rohnert Park Municipal Code Title 17 - Zoning, Section 17.07.020 (Footnotes) Regulating Accessory Dwelling Units and Junior Accessory Dwelling Units Exhibit A – Proposed Amendments to RPMC Section 17.07.020(X) – Footnotes OAK #4855-4197-8171 v1 ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 17 – ZONING, SECTION 17.07.020 (FOOTNOTES) REGULATING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, the State of California has established that a local agency may, by ordinance, regulate the creation of accessory dwelling units and junior accessory dwelling units in single family and multi-family residential zones, subject to certain state standards; WHEREAS, the proposed amendments are in response to Assembly Bill-345 adopted in the 2021 California legislative session, as well as Assembly Bill-2221 and Senate Bill-897, adopted in the 2022 California legislative session, and which mandate specific changes to local regulations that apply to accessory dwelling units; WHEREAS, these modifications to state law, and by extension the RPMC, are intended to incentivize the creation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) by reducing of processing timelines, removing owner-occupancy requirements, and establishing state-wide development standards for ADUs; WHEREAS, the proposed changes to Title 17 Zoning (attached hereto as Exhibit A) are consistent with the goals, policies, and implementation measures in the General Plan and necessary to comply with state law; WHEREAS, pursuant to California state law and the Rohnert Park Municipal Code, a public notice was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and WHEREAS, on November 10, 2022, the Planning Commission held a public hearing at which time interested persons had an opportunity testify either in support of or opposition to the revised proposal; and WHEREAS; the Planning Commission reviewed and considered the Ordinance and adopted a resolution recommending approval of the proposed amendments to Title 17 Zoning of the Municipal Code with respect to ADUs and JADUs; WHEREAS; the City Council received and considered the Planning Commission recommendation on November 22, 2022 and conducted a Public Hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rohnert Park as follows: Section 1. The above recitations are true and correct. Section 2. Findings. The City Council hereby makes the following findings with respect to adoption of this Ordinance: 1. That the proposed amendments to the Municipal Code are consistent with the General Plan 2020. Ordinance No. 972 2 Criteria Satisfied. The new state law included in Government Code 65852.2, explicitly states that accessory dwelling unit conforming to state standards shall, by law, be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot, and shall not be considered to exceed the allowable density for the lot upon which it is located. In addition to this state declaration, the proposed amendments to the Municipal Code are consistent with the General Plan 2020 Goals of maintaining a compact urban form, and providing a range of housing types and prices. Specifically, Goal LU-A (compact urban form) is promoted by a more efficient utilization of land, housing stock, and infrastructure. Goal CD-H (variety of housing types and sizes) is promoted by allowing smaller units in well-established neighborhoods. Goal HO-2 (diversity of housing types) is promoted by the allowance for smaller residences. Goal HO-3 (affordable housing) is encouraged by allowing smaller accessory units. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments to the municipal code are intended to address public health, safety and welfare concerns created by the statewide housing crisis. The changes will help improve community health outcomes, by reducing overcrowding, providing additional workforce housing closer to job center and reducing homelessness by expanding the availability of rental units. In addition, the minimum standards for setback, unit size, and unit design ensure that ADUs constructed in compliance with the municipal code will provide residents with safe and habitat living space. Section 3. Environmental Review. No California Environmental Quality Act (CEQA) analysis is required for this action. The ordinance and amendments are statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.17 which exempts adoption of an ordinance to implement regulations for accessory dwelling units pursuant to Government Code Section 65852.2. Section 4. Amendment of Municipal Code 17.07.020 – Footnotes. The City Council hereby repeals and replaces Footnote X of Rohnert Park Municipal Code 17.07.020 – Footnotes, to read in entirety as shown in Exhibit A attached hereto. Section 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 7. Publication and Submission to Housing and Community Development. The City Clerk is directed to cause this ordinance to be published in the manner required by law, and Ordinance No. 972 3 to submit it to the Department of Housing and Community Development within 60 days after adoption in the manner required by law. This Ordinance was introduced by the Council of the City of Rohnert Park on November 22, 2022 and DULY AND REGULARLY ADOPTED on December 13, 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 I, SYLVIA LOPEZ CUEVAS, CITY CLERK of the City of Rohnert Park, California, do hereby certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of December, 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ordinance No. 972 4 Exhibit A 17.07.020 – Footnotes. X. ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT STANDARDS 1. Accessory dwelling units (ADUs) or junior accessory dwelling unit (JADUs) shall be permitted with a certificate of zoning compliance, on any lot zoned to allow for a single- family or multi-family residential uses, including mixed-use zones, subject to the requirements of this subsection. 2. ADUs or JADUs shall not be sold separately from the primary structure on the lot nor shall any subdivision of the land separating the ADU and the primary structure be permitted by the City, except for a separate sale or conveyance as authorized under Government Code section 65852.26. No separate sale of a JADU from the primary structure, nor subdivision of the land separating a JADU and the primary structure be permitted by the City. 3. The application for an ADU or JADU shall be considered ministerially without discretionary review or a hearing within 60 days after receiving the application if there is an existing single family or multi-family dwelling on the lot, unless the applicant requests a delay. If the application for the ADU or JADU is proposed in conjunction with an application for a new single-family dwelling or multi-family dwelling, the application will be processed ministerially after the application for such dwelling unit(s) has been acted on. 4. General Design Requirements The following standards shall apply: a. The ADU or JADU shall also comply with any objective standards in the City's adopted design guidelines for residential development. b. The maximum square footage limit for either an attached or detached ADU shall be: i. 850 square feet for an ADU with 1 bedroom or less. ii. 1,000 square feet for an ADU with 2 bedrooms or more. iii. For an attached ADU over 800 square feet constructed on a lot with an existing primary dwelling unit, the total floor area of the attached accessory dwelling unit shall not exceed 50 percent of the floor area of that existing dwelling. c. For ADUs larger than 800 square feet, the ADU together with the primary residence shall not cover more than fifty percent of the lot area. No lot coverage requirement shall be applied to an ADU of 800 square feet or less. d. No passageway shall be required in conjunction with the construction of an ADU. e. Fire sprinklers are only required in ADUs where they would also be required under this Code for the primary dwelling. The construction of an accessory Ordinance No. 972 5 dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any existing dwelling. f. The following height limits shall apply: a. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. b. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, subject to an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. c. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. d. A height of 25 feet or the height limitation specified in Chapter 17.10 that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. g. Any standard that does not allow for the construction of at least one ADU of at least 800 square feet that meets four-foot side and rear setback requirements and applicable height limits shall be not be imposed, including any minimum or maximum size for an ADU, any setback requirement (including front yard setback), size based on percentage of the proposed or existing primary dwelling unit, or limits on lot coverage, floor area ratio, open space, lot size, or landscaping. Only the minimum deviation needed to construct an 800 square foot ADU shall be considered h. Notwithstanding anything in this code to the contrary, any procedural requirement such as zoning clearance or separate zoning review that does not allow for the construction of at least one ADU of at least 800 square feet shall not be imposed. 5. Streamlining Provisions and Exemptions Except as provided for in this section 17.07.020.X(5), no more than one ADU and one JADU shall be permitted per single-family, multi-family or mixed use lot in compliance with all other requirements in this section. Notwithstanding the foregoing limitation or anything in this code to the contrary, the Zoning Administrator and Building Official shall cause certificates of zoning compliance and building permits to be ministerially approved for the following projects: a. For any lot with a proposed or existing single-family dwelling, one attached ADU and one JADU shall be permitted when all of the following apply: i. The ADU or JADU is within the existing or proposed single-family dwelling or accessory structure. The limits of the “existing structure” may include an expansion of not more than 150 square feet to accommodate ingress and egress. ii. The ADU or JADU has exterior access that is separate from the exterior entrance for the proposed or existing single-family dwelling. iii. The side and rear setbacks are sufficient for fire and safety. Ordinance No. 972 6 iv. The JADU, if applied for, meets all the requirements for JADUs outlined in this section. b. For a lot with a proposed or existing single family dwelling, one detached ADU shall be permitted when all of the following apply: i. Four-foot side and rear yard setbacks are maintained. ii. The total height complies with the requirements of this section. iii. The detached ADU may be combined with the JADU, described in section 17.07.020.X(5)(a), provided all requirements for JADUs outlined in this section are met. c. For a lot with an existing or proposed multi-family dwelling, not more than two detached ADUs shall be permitted when all of the following apply: i. Four foot side and rear yard setbacks are maintained. ii. The total height limit does not exceed 18 feet. d. Conversion of portions of existing multi-family dwelling structures which are not currently used as livable space (e.g. storage rooms, boiler rooms, attics) shall be permitted to ADUs provided that each ADU complies with state building standards for dwellings. At least one new ADU created from such conversions shall be permitted per existing multi-family structure, up to a maximum of a 25 percent increase in the total number of units in the structure. 6. Additional Requirements for Junior Accessory Dwelling Units a. The maximum square footage of a JADU shall be no more than 500 square feet, and a JADU shall be contained entirely within an existing or proposed dwelling unit except that an expansion to accommodate an entrance may be permitted under section 17.07.020.X (5)(a). For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. b. Utilities may be shared with the primary dwelling unit. c. A JADU may include interior entry to the main living area. A second interior door may be included for sound attenuation. A separate entrance from the main entrance to the proposed or existing single-family residence is required. d. A JADU shall include an efficiency kitchen, with the following minimal requirements: i. a sink with a maximum waste line diameter of 1.5 inches, ii. a cooking facility with appliances that do not require electrical service greater than 120 volts, natural gas, or propane gas, and iii. a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the dwelling unit. e. Owner occupancy shall be required for each JADU. The owner shall reside either in the primary dwelling unit or the newly created JADU. Owner- occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. Ordinance No. 972 7 f. Each JADU shall be subject to a deed restriction, in a form approved by the City and recorded prior to issuance of certificate of occupancy, with provisions specifying that: i. Owner occupancy of either primary dwelling or JADU shall be required. ii. The JADU is restricted to the size and attributes approved by the City. iii. A prohibition on sale of the JADU separate from the primary dwelling, and notice to future purchasers regarding the enforcement of this restriction. iv. No JADU shall be rented for a period of fewer than 30 consecutive days. v. Restrictions requiring that on purchase, any subsequent owner either remove the JADU (including obtaining all required permits) or demonstrate compliance with owner-occupancy requirements specified in this section, except such requirements shall not apply to an owner who is a governmental agency, land trust, or housing organization. 7. Parking Requirements a. No parking shall be required for a new ADU or JADU. b. Notwithstanding other provisions of this code, when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU or JADU, there shall be no requirement imposed to replace the off- street parking spaces. 8. Capacity, Connection and Impact Fees a. Except for the case where an ADU or JADU is constructed within an existing single family dwelling unit in accordance with Chapter 17.07.20.X (5)(a), a new, separate or upgraded utility connection may be required between the primary residence/ADU and the public water or sewer utility if site specific conditions necessitate a new connection in order to provide minimum levels of utility service. Connection fee or capacity charges may be calculated proportionate to the burden of the proposed ADU based upon either its square feet, the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, or any other method that reasonably estimates the proportional impact of the ADU. b. Before obtaining a certificate of occupancy for an ADU or JADU, the applicant shall demonstrate adequate water and sewer service available to serve the ADU or JADU, as determined by the city engineer. c. For the purposes of providing services for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. An ADU shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU is constructed with a new single-family dwelling. d. No impact fee shall be assessed upon the development of an ADU less than 750 square feet or any JADU, and impact fees charged for an accessory dwelling unit Ordinance No. 972 8 of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. 9. No certificate of occupancy for an ADU or JADU shall be issued before a certificate of occupancy has been issued for the primary dwelling. 10. No ADU or JADU shall be rented for a period of fewer than 30 consecutive days. 11. Enforcement. In addition to other requirements of this code, notices issued to correct a violation of a building standard pertaining to an ADU or JADU shall comply with Section 17980.12 of the Health and Safety Code. Amend RP Municipal Code Title 17 Regarding ADUs City of Rohnert Park City Council November 22, 2022 Jeffrey Beiswenger, AICP, Planning Manager 1Page Accessory Dwelling Units (ADUs) Page 2 Accessory Dwelling Units (ADUs) Also called second dwelling units, in-law apartments, or granny units Created through the conversion of existing living space or the construction of an additional structure or addition Considered an effective way to create new (and affordable) housing without changing neighborhood character Page 3 Junior Accessory Dwelling Units (JADUs) JADUs are ADUs converted from existing space of 500 square feet or less Uses existing bedroom in main dwelling Includes an efficiency kitchen Separate entrance Page 4 Background Changes Made in 2020 Significant changes to Zoning Ordinance in response to State Law Requires City to: ◦Process applications within 60 days ◦Allow ADUs in multi-family projects ◦Ministerially approve building permits 5Page Cannot require owner occupancy between Jan. 1 2020 and Jan. 1, 2025 (except in JADUs) Allows 4-foot rear and side setbacks and 16 foot height for new ADUs 6Page Background Changes Made in 2020 Background Changes Made in 2020 Set maximum size of: ◦850 square feet for 1 bedroom units ◦1,000 square feet for 2+ bedroom units Waives impact fees on ADUs less than 750 square feet 7Page What has been the Impact City’s local control over ADU program is limited Modest increase interest in building ADUs ADUs are still cost-prohibitive for most 8Page Year ADU Permit 2018 3 2019 1 2020 4 2021 7 Source: 2018-2021 Housing Element, Annual Progress Report Recent State ADU Laws AB-2221 and SB-897 Update required by January 1, 2023 All discretionary standards prohibited (e.g. design guidelines) Increase height limits: 18 feet for detached and 25 feet for attached Exemptions if needed to allow for an 800 square foot ADU (e.g. reduced front setback) Adequate water and sewer service must be available. Page 9 Page 10 Staff Recommendation Hold a public hearing Introduce by title only, and waive first reading of an ordinance to amend Rohnert Park Municipal Code (RPMC) Section 17.07.020 with respect to Accessory Dwelling Units and Junior Accessory Dwelling Units 11Page Questions 12Page ITEM NO. 7.E. 1 1 Meeting Date: November 22, 2022 Department: Community Services Submitted By: Cindy Bagley, Director of Community Services Agenda Title: Consider Introducing by Title Only and Waiving Reading of Ordinance No. 973, An Ordinance Amending Rohnert Park Municipal Code Section 9.62.010 Regarding Rentals of City Parks and Recreational Facilities RECOMMENDED ACTION: Introduce by title only, and waive first reading of, Ordinance No. 973, an Ordinance of the City of Rohnert Park Amending Section 9.62.010 regarding rentals of city parks and recreational facilities. BACKGROUND: In response to the 50% increase in use of picnic areas in City parks since 2019, staff presented proposed amendments to the Parks and Facilities Reservation and Use Policy Handbook (Use Policy) on October 11, 2022. The amendments are designed to put accountability measures in place to ensure parks are clean and well kept so that each user may have a positive memorable experience. City Council requested staff bring back the proposed changes for adoption. In addition to the Use Policy changes, staff recommended changes to the municipal code in order to ensure that the changes in the policy are enforceable by law. ANALYSIS: The section of the municipal code that addressed park and facility usage is Section 9.62.010 – Unlawful acts in public parks and recreation facilities. Attachment 1 includes the full section with proposed amendments highlighted. A summary of the changes is as follows: Administrative Amendments: These are amendments that provide additional clarity for the code as they relate to parks and facility use. 1.Add City Center Plaza as a park and recreation facility. This location has historically been rented to non-profit organizations for community special events. The location is referenced in the Use Policy, but not in the municipal code. Adding it provides enforcement ability at this location similar to that of other parks and recreation facilities. 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 Revised 11/18/2022 at 1:25 p.m. to correct Municipal Code Section to 9.62.010 ITEM NO. 7.E. 2 2.Section P – This section is related to non-permitted users interfering with permitted uses. The proposed amendment is to add the word “park” in addition to facility and field, and to add “picnic reservation” in addition to “valid permit.” 3.Section R – This section references courts. When this section was created, there were no pickleball or futsal courts in the City. There are now both sets of courts. Language now references the appropriate use of each court. 4.Section X – This section describes the requirements associated with the need to obtain a permit for private use of City parks for events of more than 10 people. The proposed additional language would more clearly prohibit the use any parks space for exclusive use to the exclusion of the general public for such an event, as well as specify that a permit rather than “permission” is required. New Content to Code: The following is an addition to this section of the code and is directly related to an amendment to the Use Policy: 1.Section Y – This language prohibits the installation of temporary improvement, amenities, or attractions without a permit. These include bounce houses, stages, fencing, sound equipment, or portable toilets. Note: the previous Section Y is now Section Z. 2. The end of the section would add language authorizing regulations and requirements for issuance of permits for park rentals and picnic areas to be expressly established by resolution of the City Council, including via the adoption of the Use Policy. OPTIONS CONSIDERED Staff Recommended Option: Introduction by title only and waiving reading of proposed ordinance. Staff recommends this option. Option 2: City Council could provide staff with recommendations for alternatives to the proposed amendments. If this were the chosen option, staff would come back to a future City Council meeting for formal adoption via ordinance. Staff does not recommend this option. Option 3: City Council could choose to leave the municipal code as is with no amendments. Staff does not recommend this option. Code Compliance Approval: 11/16/2022 M.G. Pawson Department Head Approval: 11/14/2022 C. Bagley Finance Director Approval: N/A L. Tacata City Attorney Approval: 11/14/2022 S. Rudin City Manager Approval: 11/14/2022 D. Jenkins OAK #4840-8897-9349 v1 Ordinance No. 973 1 ORDINANCE NO. 973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 9.62.010 REGARDING RENTALS OF CITY PARKS AND RECREATIONAL FACILITIES WHEREAS, City staff have recommend updating the City of Rohnert Park Municipal Code to establish provisions to govern the rental of picnic areas, NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amended. Section 9.62.010 of the Rohnert Park Municipal Code is amended read in its entirety as follows: 9.62.010 - Unlawful acts in public parks and recreation facilities. It is unlawful for any person, entity, firm or corporation to do or commit any of the acts enumerated below in any city park or recreation facility, or at the City Center Plaza: A. To damage, by any means whatsoever, any public property planted, placed, located or otherwise situated in a public park or recreation facility. B. To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any object attached or affixed to land, without written permission of the director of the community services department. C. To release any livestock of any kind on park property with the exception of dogs which shall be permitted pursuant to posted regulations or in accordance with Section 6.14.030 of the Municipal Code. D. To post, place or erect any bills, notice, paper or advertising device of any kind. E. To sell or offer for sale any food or merchandise without a vending permit from the City, except that a vending permit shall not be required of a person or nonprofit organization to sell merchandise making a political, religious, philosophical or ideological message in any area of a park open to the public. A valid vending permit shall be carried by any vendor subject to a permit requirement at all times that person is selling within the city park. Notwithstanding any other provision of the code, violations of requirements set forth in this subsection E or conditions of a vending permit shall only be subject to administrative citation issued pursuant to chapter 1.25 of the code. Administrative fines shall be limited to the maximum fines allowed pursuant to Government Code section 51039(a). Any administrative citations issued shall meet the format requirements set forth in section 1.25.050 and shall also provide notice regarding the ability to seek an ability-to-pay determination in accordance with Government Code section 51039(f). OAK #4840-8897-9349 v1 Ordinance No. 973 2 F. To willfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer, basin or other construction in any park. G. To carry any weapon, including, but not limited to, firearms, airguns, paintball markers, or slingshots. H. To make or kindle a fire except in picnic stoves or other fixtures provided for that purpose, or to camp, except in places designated as such by official action of the city. I. To ride or drive any horse or other animal or any motorized vehicle, cycle or scooter elsewhere other than on the roads or drives provided for such purpose, or to drive a motor vehicle in an erratic or hazardous manner on any park roads, paths or parking area. J. To enter, remain, stay or loiter in the swimming pools in the public parks or the enclosures surrounding said pools at any time when the pools are not open to the public with a lifeguard on duty. K. To play or engage in model airplane flying, driving of golf balls, archery, hardball or any similar games of a hazardous nature except at such places as shall be especially set apart for such purposes. L. To throw or place on or in any park any paper, rubbish, garbage or refuse matter of any kind, unless in a receptacle designed for the purpose, but no person shall deposit household rubbish and garbage in any city park, rubbish or garbage receptacles. M. To possess any beverage container made of glass or to bring, carry, or transport any beverage container made of glass into a city park. N. To possess food or drink in any city recreation facility where there are signs posted prohibiting such items. O. To disregard or disobey the directives of a lifeguard, city staff member, or posted rules while at a city swimming pool. P. To deny or otherwise interfere with the use of a field, park, or facility by an organization or individual with a valid permit or picnic reservation issued by the community services department. R. To engage in any activity other than tennis on tennis courts, pickleball on pickleball courts, basketball on basketball courts, or futsal on futsal courts, without written permission from the community services department. S. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog which initiates an unprovoked attack on any person or animal that causes injury or causes a defensive action to prevent serious injury. T. To be in custody, control, or otherwise responsible for a dog that does not exhibit a valid license. U. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog over six months of age that has not been spayed or neutered. V. To have, possess, carry, sell or consume any alcoholic beverage as defined in Section 9.34.010, unless such person has obtained a permit for possession and/or consumption of OAK #4840-8897-9349 v1 Ordinance No. 973 3 alcoholic beverages for a special event as defined in Section 9.34.010, from the director of public safety or his/her designee. W. To offer for sale any service or engage in any form of commercial activity without a commercial activity permit issued by the director of the community services department, except that a commercial activity permit shall not be required (i) to solicit funds or contributions for charitable, educational, philosophical, political, religious, or other ideological purposes, or (ii) for the sale of food or merchandise. X. To participate in, host or organize an activity or event, with more than 10 people that is not open to the public, or to use any park space for exclusive use to the exclusion of the general public for such an event, without a permit from the community services department. Such permit shall be carried by the host or organizer at all times during the time of the event or activity. Y. To erect or install any temporary improvements, amenities, or attractions, including bounce houses, stages, fencing, sound equipment, portalets, without a permit from the community services department. Z. To use a city sports court or sports field between the hours of 10:30 p.m. and 8:00 a.m. No use of sports courts or sports fields is permitted after dark when no permanent lighting is present. Requirements and regulations concerning the issuance of permits referred to in this section, including permits for rental of parks and park areas, may be established by resolution of City Council. Section 2. Environmental Review. The City Council finds that adoption of this ordinance is not a project within the meaning of section 15378 of the Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Section 3. 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 4. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 5. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on November 22, 2022 and adopted by the Council of the City of Rohnert Park on December 13, 2022, by the following roll call vote: OAK #4840-8897-9349 v1 Ordinance No. 973 4 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 Consider Introducing by Title Only and Waiving Reading of Ordinance No. 973: Presented By: Cindy Bagley, Director of Community Services An Ordinance Amending Municipal Code Section 9.62.010 Regarding Rentals of City Parks and Recreational Facilities Background In response to 50% increase in picnic use •October 11, 2022 •Parks and Facility Reservation and Use Policy amendments •Accountability measures to ensure memorable experiences for all picnic users Discussion and Direction •Bring back proposed changes for adoption (12/13/22) •Changed to the municipal are recommended for enforcement Council Direction Proposed Amendments to Municipal Code Section 9.62.010 Add City Center Plaza to be included with parks and recreation facilities Section P –Add the word “park” in addition to field; add “picnic reservation” in addition to “valid permit” Section R –Add pickleball and futsal courts Section X –More clearly prohibits exclusive use without a permit Proposed Amendments to Municipal Code Section 9.62.010 Section Y –Prohibits installation of temporary amenities without a permit The end of the section adds language authorizing regulations and requirement be established by resolution of the City Council Staff Recommended Option Introduce by title only and waive first reading of proposed ordinance. Other Options A.Provide staff with recommendations for alternative proposed amendments B.Do not accept any of the proposed changes and leave the municipal code as is. Staff do not recommendation either of these options. Questions, Discussion, Action