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2023/02/14 City Council Agenda Packet "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING Tuesday, February 14, 2023 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 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Elward_____Giudice_____Sanborn______Hollingsworth Adams______Rodriguez_____) 2.PLEDGE OF ALLEGIANCE 3.PRESENTATIONS 4.DEPARTMENT HEAD BRIEFINGS 4.A City of Rohnert Park 2023 Community Survey Announcement by Assistant City Manager Schwartz Item 4.A. PowerPoint Presentation - Community Survey Item 4.A. Supplemental.pdf 4.B City of Rohnert Park Revenue to Budget Update by Finance Director L. Tacata Item 4.B. PowerPoint Presentation 5.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 5.A Item 5 Supplemental Item 5 Supplemental 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/or Successor Agency to the Community Development Commission and/or City of Rohnert Park Foundation, whichever is applicable, 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 unless any Council Member or anyone else interested in a consent calendar item has a question about the item. Council Motion/Vote: (Elward_____Giudice_____Sanborn______Hollingsworth Adams______Rodriguez_____) 6.A Acceptance of Reports from Finance Department: 6.A.1. City Bills/Demands for Payment dated January 18 through February 6, 2023 6.A.2. Council Second Quaterly Expense Report (October, November, December 2022). 6.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting, January 24, 2023 Item 6.B. 6.C Waive Second Reading of and Adopt Ordinance No: 974, an Ordinance of the City Council of the City of Rohnert Park Enacting Chapter 9.42 of the Rohnert Park Municipal Code to Prohibit Reckless Driving Exhibitions, Street Racing, and Sideshows Item 6.C. 6.D Receive and Accept Annual Fire Inspection Report (SB 1205) for the Year of 2022 Item 6.D. 6.E Adopt Resolution 2023-005 Accepting the Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements in Connection with Southeast Specific Plan Area and Directing Related Actions (CEQA Status: Consistent with the Environmental Impact Report (EIR) Adopted by the City Council on December 7, 2010) Item 6.E. 6.F Adopt Resolution 2023-006 Accepting the Keiser Avenue Reconstruction Project and Directing Relating Actions (CEQA Status: Consistent with the Environmental Impact Report for the University District as Amended) Item 6.F. 6.G Adopt Resolution 2023-007 Approving a Master Services Agreement with Goodwin Consulting Group for Special Tax Consulting Services in Connection with the Formation and Annual Administration of Community Facility Districts (CFDs) Item 6.G. 6.H Adopt Resolution 2023-008 Authorizing the City Manager to Execute Master Service Agreement for Consultant Services and Task Order 2023-01 with De Novo Planning Group for Municipal Planning Services Item 6.H. 6.I Authorize the City Manager to Execute Amendment No. 2 to Task Order 2020-14 with GHD, Inc. for Additional Services in the Amount of $4,343.46 for the Local Roadway Safety Plan Project, for a total Task Order amount of $126,406.46 (Project 2020-22) (CEQA Status: Exempt) Item 6.I. 6.J Authorize the Mayor to Execute a Letter in Support of Sonoma Clean Power’s Department of Energy Grant Application, along with Cyrq and Calpine, for “Superheat Long-Duration Energy Storage: Sub 24-Hour” Item 6.J. 6.K Approve the Second Amendment to the Master Agreement for Consultant Services with 4LEAF Inc., adding $15,000 for Preparation of the Housing Element Update for a Revised total Maximum Compensation of $141,949 and Authorize the City Manager to Execute the Amendment Item 6.K. 7.REGULAR ITEMS 7.A Confirm Mayor Rodriguez's nomination of Aaron Zavala as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District for a Four-Year Term Expiring 12/31/2026 A. Staff Report B. Public Comments C. Council Motion/Vote Item 7.A. 7.B Receive 2022 Annual Code Compliance Report and Discussion and Direction on Changes to Rohnert Park Municipal Code Title 1 A. Staff Report B. Public Comments C. Council Discussion/Direction Item 7.B. Item 7.B. PowerPoint Presentation 7.C Receive an Update on the Program at Roberts Lake Park & Ride and Authorize an Amendment to the Agreement with D Block Security for Security Services in the amount of $307,055 and Authorize a Side Letter with Recology Inc. for Trash and Sanitation Services in the Amount of $120,000 A. Staff Report B. Public Comments C. Council Motion/Vote Item 7.C. Item 7.C. PowerPoint Presentation Item 7.C. Supplemental 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. Golf Course Oversight Committee Meeting (2/07) Rodriguez/Hollingsworth Adams 8.C Outside Agency Appointment Reports: 1. Sonoma Clean Power Authority Board of Directors Meeting (02/02) Elward/Hollingsworth Adams 2. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Board of Directors Meeting (02/06) Giudice/Elward 3. Water Advisory Committee (WAC) and Technical Advisory Committee (TAC) to Sonoma Water (2/6) Rodriguez/Sanborn 4. Mayors and Council Members' Association of Sonoma County City Selection Committee, Board of Directors and General Membership Meeting (Mayors & Councilmembers) (2/9) Rodriguez/Hollingsworth Adams 8.D Other Reports: 1. 2023 Economic Perspective on Thursday, January 26, 2023 (Giudice, Hollingsworth Adams & Rodriguez) 9.COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 10.MATTERS FROM/FOR COUNCIL Any member of the City Council may place an Item on “Matters from/for Council” before the City Council meeting by providing the City Manager with the title of the item before the agenda is published. The purpose of the City Council discussion on such item will be to determine whether it will be placed on a subsequent agenda for deliberation and action. A concurrence of two Councilmembers will be sufficient to add the item on a subsequent agenda. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 11.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 12.RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: 12.A Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One case 12.B Reconvene Joint Special Meeting Open Session and Report on Closed Session (Government Code §54957.1) 13.ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, please refer to page 1 for more details on submitting a public comment. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. AGENDA REPORTS & DOCUMENTS: A paper copy of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for publich inspection at City Hall, 130 Avram Avenue, Rohnert Park, California 94928. Electronic copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection on https://www.rpcity.org/city_hall/city_council/meeting_central. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at City Hall and on our website at the same time. Any writings or documents subject to disclosure that are provided to the City Council during the meeting will be made available for public inspection during meeting and on our website following the meeting. AMERICAN DISABILITY ACT ACCOMMODATION: Any member of the public who needs accommodations should email the ADA Coordinator at jcannon@rpcity.org or by calling 707-588-2221. Notification at least 72 hours prior to the meeting will enable the ADA Coordinator to use her 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 Don Schwartz, Assistant City Manager Get better with feedback Help set priorities Annually since 2016 Average around 2000 responses Allows year to year comparisons Responses are Anonymous Consolidating some questions Adding two questions re: downtown Adding two questions re: diversity and social equity Online bilingual option E-mail lists ◦City ◦School District Social Media Press Release Community Voice Column Low-income outreach Flyer with QR code at City facilities and events 45.63%34.39% 19.98% Direction of Rohnert Park 2/12/2023 Cutoff Right Direction Wrong Direction Don't Know/NA 245 74 97 126 41 68 108 52 19 17 28 16 847 0 100 200 300 400 500 600 700 800 900 Daily Survey Results 2/12/2023 Cutoff 337 329 125 125 0 50 100 150 200 250 300 350 400 Webpage Popup City Email Social Media Webpage Link Methods of Survey Response Cutoff 2/12/2023 # Respondents 200 92 71 39 26 ADDRESSING HOMELESSNESS TRAFFIC DOWNTOWN DEVELOPMENT POLICE/PUBIC SAFETY LOCAL BUSINESS DEVELOPMENT One Thing That Needs Improvement Cutoff 2/12/2023 Needs Improvement 109 33 29 24 12 ADDRESSING HOMELESSNESS MAINTENANCE/REPAIRS ROUNDABOUT AT SW COMMUNITY EVENTS COMMUNICATION One Thing Better in the Past Year Cutoff 2/12/2023 What We've Done Well Survey open through February ◦Will have early data for February 22 goal setting Report in Spring to Council and Community 5 Minutes to a Better Community Rohnert Park Community Survey 2023 We heard from over 1,600 of you a year ago in our 2022 Community Survey. We used the information to improve both our community and the City of Rohnert Park organization. We want to hear from you again! Thank you for giving your time toward making our community the best it can be. The City is updating its Parks and Recreation long range plan for parks. There will be several opportunities for public input over the next several months, including a community survey. Please be on the lookout for a separate survey related specifically to parks and recreation services. *1. Would you say that things in the City of Rohnert Park are generally headed in the right direction or are they on the wrong track? Right Direction Wrong Track Don't Know / Not Applicable Other (please specify) 2.How did you hear about this survey? (Check all that apply) Newspaper Nixle Utility newsletter At an event City Website School e-mail Twitter Facebook City Email Nextdoor Neighborhood/App Other (please specify) *3. Which of the following best describes your relationship to Rohnert Park? (Check all that apply.) I currently live in Rohnert Park. I currently work in Rohnert Park. I currently attend school in Rohnert Park. None of the above. Supplemental Item 4.A. We want to be sure our survey reaches our entire community. We can check that by comparing the demographics of who responds with the demographics of who lives here to make sure all residents' voices are heard. Demographic Questions Rohnert Park Community Survey 2023 * 4. How many years have you lived in Rohnert Park? 0-2 3-5 6-10 11-20 21-30 More than 30 I don't live in Rohnert Park Decline to say * 5. Please select your age range Under 18 18-25 26-35 36-50 51-65 Over 65 Decline to say * 6. What is your race or ethnicity? (choose all that apply) White or Caucasian Black or African descent Hispanic or Latino Asian or Asian American Native American or Alaskan Native Native Hawaiian or Pacific Islander Another race/ethnicity * 7. Please enter the number of children under 18 living with you 0 1 2 3 4 or more Decline to say * 8. Please select the range that includes your approximate annual household income Under $25,000 $25,000-$50,000 $50,000-$75,000 $75,000-$100,000 $100,000-$150,000 Over $150,000 Decline to say Community Feel: Rohnert Park Community Survey 2023 9. How do you rate the overall quality of life in Rohnert Park? Excellent Good Fair Poor Don't Know / Not Applicable 10. Rohnert Park has housing sections with street names all starting with the same letter. In which section do you live? 11. How do you rate your neighborhood as a place to live? Excellent Good Fair Poor Don't Know / Not Applicable 12. How is the City doing in advancing social equity? Excellent Good Fair Poor Don't know/Not Applicable 13. How is the city doing in promoting diversity? Excellent Good Fair Poor Don't know/Not Applicable Rohnert Park Public Safety Department: Rohnert Park Community Survey 2023 14. Please give your overall impression of Rohnert Park Public Safety (Police and Fire). Very favorable Somewhat favorable Somewhat unfavorable Very unfavorable Don't know/not applicable 15. Have you interacted with the Rohnert Park Public Safety in the last 12 months? Yes, more than once Yes, once No Don't know/not applicable 16. In your most recent contact with Rohnert Park Public Safety, how courteous and professional were the officers/staff? Very favorable Somewhat favorable Somewhat unfavorable Very unfavorable Don't know/not applicable 17. Describe your rating of traffic (speed, red light, stop sign) enforcement in Rohnert Park. Excellent Good Fair Poor Don't know/not applicable City Communications and Services: Rohnert Park Community Survey 2023 18. In the last 12 months, have you personally had contact with a City of Rohnert Park employee who is not a Public Safety Officer? Yes, more than once Yes, once No Don't know/not applicable 19. Please rate your perception of the employee's responsiveness during your most recent interaction. Excellent Good Fair Poor Don't know/not applicable 20. What is one thing you've noticed in the last year that is better in Rohnert Park? 21. If Rohnert Park could do one thing differently to improve, what would that be? 22. We want to make it easy for you to stay informed. How do you want to receive information regarding the City? (Check all that apply) Nextdoor Neighborhood/App Twitter Mail to home Press Democrat Facebook Nixle Text Messages Email Community Voice Newspaper Utility Newsletter Instagram School email Other (please specify) 23. We value input from our residents and community members. If we do another survey, we can send it directly to you if you provide your email below: The following two questions are focused on the future Downtown Rohnert Park. We would like your feedback regarding what future downtown amenities are most important to you, as well as what type of businesses you would like to see downtown. Downtown Rohnert Park Rohnert Park Community Survey 2023 * 24. When focusing on developing a downtown, what is most important to you? (Please choose up to 5) Walkability Greenery - flower beds, planters, trees, open spaces Attractive building facades Places to sit and socialize Attracting new retail businesses Attracting new restaurants Places to shop for basic necessities Ample parking Bicycle/scooter/micro-transit lanes and parking Outdoor events and festivals Unique Arts and history * 25. What types of businesses would you like to see more of in downtown (Please choose up to 5) Casual restaurants Entertainment venues Art/history Grocery stores Gift/clothing shops Kids stores/activities Fine dining Professional services (accounting, medical, legal) Brewpubs Wine tasting rooms Fast food Other (please specify) Revenue to Budget UpdateFebruary 14, 2023Leo Tacata, Finance Director1 Revenue to Budget Update•Purpose•Council is considering priorities and goals•Next year’s annual budget is being developed•High level overview•Deeper discussion expected in April Budget workshop, when more data will be available2 Revenue to Budget Update•Considerations•Data is unaudited•Financial reports change as adjustments are made•Revenues may be seasonal•What has been received so far isn’t a perfect prediction of where we will end3 2023 Budgeted Revenue*•General Fund $47.0 mil (38.4%)•Enterprise Funds $31.6 mil (25.8%)•Special Revenue Funds, $43.9 mil (35.8%)Property Taxes, $10.7Sales & Use Taxes, $15.3Transient Occupancy Taxes, $4.5Franchise Fees, $3.1Intergovernmental, $1.8Leases and Rents, $0.8Service Fees, $2.3Community Services Fees, $1.5Cost Allocation Plan, $2.4Licenses & Permits, $3.6Fines, $0.1Other General Fund Revenue, $0.9Water, $13.1Sewer, $17.9Recycled Water, $0.6Other Enterprise Revenue, $0.0Public Safety, $1.0Infrastructure and Development, $19.4Recreation and Community Services, $0.5Casino Related, $19.2Other Special Revenue Funds, $3.8$122.5mil* Interfund transfers not included4 2022 Budgeted General Fund RevenueFour major contributors•Sales and Use Tax, $15.3 mil•Property Taxes, $10.7 mil•Transient Occupancy Taxes, $4.5 mil•Franchise Fees, $3.1 mil$15.3$10.7$4.5$3.16.15.92.41.37.56.12.81.3024681012141618Sales Tax Property Tax TransientOccupancy TaxFranchise FeesBudgetActuals Dec 2021Actuals Dec 2022*Data in $mil5 2022 Midyear General Fund Revenue (actuals)Four major contributors•Sales and Use Tax, $6.1 mil•Property Taxes, $5.9 mil•Transient Occupancy Taxes, $2.4 mil•Franchise Fees, $1.3 mil$15.3$10.7$4.5$3.16.15.92.41.37.56.12.81.3024681012141618Sales Tax Property Tax TransientOccupancy TaxFranchise FeesBudgetActuals Dec 2021Actuals Dec 2022*Data in $mil6 2023 Midyear General Fund Revenue (actuals)Four major contributors •Sales and Use Tax, $7.5 mil•Property Taxes, $6.1 mil•Transient Occupancy Taxes, $2.8 mil•Franchise Fees, $1.3 mil$15.3$10.7$4.5$3.16.15.92.41.37.56.12.81.3024681012141618Sales Tax Property Tax TransientOccupancy TaxFranchise FeesBudgetActuals Dec 2021Actuals Dec 2022*Data in $mil7 •Generally performing slightly above budgeted expectations2023 Midyear General Fund Revenue (actuals)8 Financial Crisis Indicators•Financial Crisis Response Plan•Policy 2.01.012•Last updated Sept. 27, 2022•Level One Response•Level Two Response9 Financial Crisis Indicators Level 1“Indication of actual negative revenue growth, based on year‐over‐year comparison”Revenue Midyear this year•$17.8 milRevenue Midyear last year•$16.8 milConclusion•Positive revenue growth•Indicator: Green10 Financial Crisis Indicators Level 1“Indication of revenue less than budget amounts by 5%”Revenue Midyear this year•$17.8 milExpected Budget Midyear •$16.8 milMidyear actuals % of budget•5.6%Conclusion•Actual revenue is not less than 5% expected budget•Indicator: Green11 Financial Crisis Indicators Level 1“Indication of three consecutive months of negative TOT receipts, based on a year‐over‐year comparison”Conclusion•Three consecutive months of negative TOT receipts•Indicator: RedYear October November December2022 $392k $494k $339k2021 $410k $516k $355k‐$18k‐$23k‐$16k12 Financial Crisis Indicators Level 1“Indication of reserves used for operations”Use of Reserves•$569k, Roberts Lake Park & Ride, Dec 2022Conclusion•Reserves used for operations•Indicator: Red13 Financial Crisis Indicators Level 1“Indication of actual negative sales tax growth, based on year‐over‐year comparison, based on two consecutive quarters”Q1 Sales Tax Midyear•2021 Q1 $2.4 mil•2022 Q1 $4.5 mil (growth)Q2 Sales Tax Midyear•2021 Q2 $3.7 mil•2022 Q2 $4.0 mil (growth)Conclusion•Positive sales tax quarterly growth•Indicator: Green14 Financial Crisis Indicators Level 2“Indication of second year of actual negative revenue growth”“Indication of revenue less than budget amounts by 10%“Indication of Property Tax Assessment with negative growth of 2% or more”•Indicator: Green15 Policy ImplicationsReport to City Council upon one of the indicators being triggered•Provide early warning of a financial crisis•Provide decision makers flexibility and choices in their responses•Document potential responses in advance•Preserve City services16 City Revenue Overview•Economic Climate 2022•Emerging from COVID economy•Impact of world conflict on economy•“Overheated” US economy•Rohnert Park economy 2022•Emerging from COVID economy•Low unemployment•New construction•Higher prices (esp. groceries and fuel)17 Early Forecast?•Sales Tax•Property Tax•Transient Occupancy Tax•Franchise Fees18 Budget Considerations?•City Council Priorities and Goals•Budget is being designed to provide the same level of service as previous budget (the current year)19 Budget Considerations?•Large projects looming•Funding Central Rohnert Park/”Downtown” development•Building Maintenance•Streets and Infrastructure Maintenance•Current projects•Growing city•Revenue and Program Uncertainty•Reliance on Special Revenue Funds•Prepare for unfunded mandates•Prepare for changes to fees (sewer study, franchise fees)•Retirement/future of PERS20 End Slide$15.3$10.7$4.5$3.16.15.92.41.37.56.12.81.3024681012141618Sales Tax Property Tax Transient Occupancy Tax Franchise FeesBudgetActuals Dec 2021Actuals Dec 2022*Data in $mil21 From: To:Public Comment Subject:Public Comments Date:Saturday, February 4, 2023 5:53:21 PM EXTERNAL EMAIL Dear Rohnert Park City Council It has been over a year and half been wanting to come to s meeting to address my ongoing concerns in regards to the K district, We bought a new house build and been a battle having the builder fix or address issues with my new home, they apparently do not like what I had said and still have not fixed within the 1 year time limit to fix certain issues in a new build, the Builder is Signature Homes, which also has KB Homes and Richmond American Homes in this K district,. Streets/driveways, lights on one street lamp is out, and just overall I am disappointed in where I live…sure it is a brand new home with cheap appliances and cheap labor these homes were built so fast, things were not done properly etc…wrote to President of the company, did not care,… there are lawsuits with KB and Richmond American… I cannot fight a builder they have the power and city backing.., sidewalks have cracks and or are cracking in driveways etc… are kind of dirty and they really do not take care of who does what,,,they like to pass the blame on someone else. Who can I contact in terms of addressing these concerns with a builder – like the contractor board …please advise me to let me know what to do been a year long stressful batter. I presently I am still dealing WITH NAILS I AM STEPPING ON THE CARPET EDGES WHICH THEY DID NOT PUT A STRIP TO PROTECT …YET OTHER HOMES I LOOKED AT HAD THEM,,,,I HATEONE DAY I WILL HAVBE TO GO TO THE DOCTOR BECAUSE OF STEPPING ON THESE NAILS. VERY SIMPLE THING TO DO YET NO RESPONSE…Can I address how these builder are doing in this K district? What can we as homeowners do with these builders… some are more responsive and others depends if you mention a lawyer or new person writing a article they will send someone out for sure…so it depends who reach out to them. Thank you Donna Young Sent from Mail for Windows Supplemental Item 5 From:Rodriguez, Samantha To:Piedra, Marcela Cc:CityClerk Subject:Fwd: Matt Transue - Vehicle - Flora & Fauna - Noted for Comments on Item 7.C. 2/14/23 Date:Tuesday, February 14, 2023 2:56:48 PM Please see email below Samantha Rodriguez Mayor, Councilmember, District 1130 Avram Avenue, Rohnert Park, CA 94928 City Clerk’s Office: 707-588-2227 Direct Line: 707-588-2223 Fax: 707-792-1876 www.rpcity.org Begin forwarded message: From: Matt Transue Date: 14 February 2023 at 12:56:03 PM GMT-8 To: "Rodriguez, Samantha" <srodriguez@rpcity.org>, "Adams, Susan" <SAdams@rpcity.org>, "Elward, Jackie" <jelward@rpcity.org>, "Giudice, Gerard" <ggiudice@rpcity.org>, "Sanborn, Emily" <esanborn@rpcity.org> Subject: Matt Transue - Vehicle - Flora & Fauna - Noted for Comments on Item 7.C. 2/14/23 EXTERNAL EMAIL Mayor Rodriguez and distinguished Members of the Rohnert Park City Council, My name is Matt Transue, and I am a current resident at in Rohnert Park. I will be making public comments on Item 7.C. and I have attached a picture of the vehicle of issue that I will be referring to tonight in tonight's comments. Thank you, Matt Transue Supplemental Item 5 -- Matt Transue Item 6.A.1 City of Rohnert Park Council Members Expense Report by Quarter* Fiscal Year 22/23 Account Quarter 1 Quarter2 City Representation 63800 $0.00 $0.00 City Representation 63810 $0.00 $0.00 Rodriguez 63820 $1,276.56 $0.00 Stafford 63830 $130.82 $0.00 Guidice 63840 $0.00 $0.00 Elward 63850 $1,435.64 $25.00 Hollingsworth-Adams 63860 $175.13 $0.00 Total $3,018.15 $25.00 *Note: Expenses are reported when paid not attended Remaining Quarter3 Quarter4 YTDTotal Budget Budget $0.00 $0.00 $0.00 $750.00 $750.00 $0.00 $0.00 $0.00 $750.00 $750.00 $0.00 $0.00 $1,223.44 $2,500.00 $1,276.56 $0.00 $0.00 $130.82 $2,500.00 $2,369.18 $0.00 $0.00 $0.00 $2,500.00 $2,500.00 $0.00 $0.00 $1,460.64 $2,500.00 $1,039.36 $0.00 $0.00 $175.13 $2,500.00 $2,324.87 $0.00 $0.00 $2,990.03 $14,000.00 $11,009.97 * Councilmember Sanborn's expenses will be allocated to Account No. 63830 which was previously allocated to "Stafford 63830." Item 6.A.2. 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, January 24, 2023 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Rodriguez called the joint regular meeting to order at 5:03 p.m., the notice for which being legally noticed on January 20, 2023. All Council Present: Samantha Rodriguez, Mayor Susan Hollingsworth Adams, Vice Mayor Jackie Elward, Councilmember Gerard Giudice, Councilmember Emily Sanborn, Councilmember Staff present: City Manager Piedra, City Attorney Kenyon, Assistant City Manager Schwartz, Public Safety Director Mattos, Director of Human Resources Cannon, Finance Director L. Tacata, Director of Development Services Pawson, Director of Community Services Bagley, Director of Public Works Garrett, Deputy City Engineer Brandt, Housing Manager Garcia, Planning Manager Beiswenger, Building Division Manager/Building Official Wyatt, Community Development Technician Blanks, Deputy Chief Kilgore, Information Service Analyst Son, and Assistant City Clerk Machado. 2.PLEDGE OF ALLEGIANCE Led by Vice Mayor Hollingsworth Adams. Mayor Rodriguez called for a moment of silence given the tragic events in Half Moon Bay and Monterey Park, California. 3.PRESENTATIONS A.Mayor's Proclamation: Proclaiming February 2023 as Black History Month. Mayor Rodriguez read the proclamation and presented it to Tramaine Austin-Dillon, Professional Staff Advisor to Sonoma State University (SSU) Black Student Union (BSU); SSU students and BSU members Jon Strachan, Elijah Harris, Nyree Johnson, and Josue Chavez; Kirstyne Lange, President of NAACP, Sonoma County Chapter; and SSU Student and Male Success Initiative (MSI) members DJ Hopkins and Donald Frank. B.Mayor's Proclamation: Proclaiming January 22, 2023, as the Start of the Lunar New Year in the City of Rohnert Park. Mayor Rodriguez read the proclamation and presented Item 6B City of Rohnert Park Joint Regular Meeting Minutes for City Council January 24, 2023 RPFA/CDC Successor Agency Page 2 of 7 it to Grace Cheung-Schulman, Co-Chair of the Asian American Pacific Islander Coalition of the North Bay. 4. DEPARTMENT HEAD BRIEFING A. SAFE Team (Specialized Assistance For Everyone) Update from Public Safety Director Mattos. Director of Public Safety Mattos provided an update on the SAFE Team program, including calls for service, number of people assisted, new hours, the addition of Sonoma State University to the SAFE Team, and the purchase of a new van and a new data tracking system. B. I Heart Rohnert Park Update by Director of Community Services Bagley. Director of Community Services Bagley shared the planned events for I Heart Rohnert Park. The events will be in celebration of National Kindness Week and include Taste of Rohnert Park, senior portrait studio, free yoga classes, and free workout day. 5. PUBLIC COMMENTS Tim sang a song thanking people for supporting the homeless population. Peter spoke about joy, peace, war, killing of animals, and freeing animals. Vice Mayor Hollingsworth-Adams left the dais at 6:10 p.m. 6. CONSENT CALENDAR 6.A Acceptance of Reports from Finance Department: Item 6.A.1. City Bills/Demands for Payment Dated January 5 through January 17, 2023 Item 6.A.2. RPFA -Cash Report for Month Ending June 30, 2022 Item 6.A.3. Housing Successor Agency- Cash Report for Month Ending June 30, 2022 Item 6.A.4. Successor Agency - Cash Report for Month ending June 30,2022 Item 6.A.5. City Cash Report for Month ending June 30, 2022 6.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting and Foundation Board Special Meeting, January 10, 2023 6.C Adopt Resolution 2023-001 Accepting the Keiser Avenue and Kerry Road Surface and Dry Utility Improvements in Connection with Vast Oak North and Directing Related Actions 6.D Adopt Resolution 2023-002 Approving the Annual Recognized Obligation Payment Schedule for Fiscal Year July 1, 2023 – June 30, 2024 (“ROPS 23-24”), Pursuant to Section 34177(o) of the California Health and Safety Code 6.E Acceptance of Report – Mayor Rodriguez’s Appointment of Steve Keith to the Bicycle and Pedestrian Advisory Committee to Fill a Term Expiring on December 31, 2024 ACTION: Moved/seconded (Giudice/Elward) to approve the consent calendar. Motion carried by the following 4-0-1 vote: AYES: Elward, Giudice, Sanborn, and Rodriguez NOES: None, ABSENT: Hollingsworth Adams ABSTAINS: None. Vice Mayor Hollingsworth Adams returned at 6:13 p.m. City of Rohnert Park Joint Regular Meeting Minutes for City Council January 24, 2023 RPFA/CDC Successor Agency Page 3 of 7 7. REGULAR ITEMS A. PUBLIC HEARING: Conduct a Public Hearing and Consider Adopting a Resolution Adopting a Negative Declaration for the 2023-2031 Housing Element Update and a Resolution Adopting the 2023-2031 Housing Element Update. Director of Development Services Pawson presented this item. Recommended Action(s): 1) Conduct a public hearing; 2) Adopt Resolution 2023-003 Making Certain Findings and Adopting a Negative Declaration and as Required by the California Environmental Quality Act (“CEQA”) in Connection with the approval of General Plan Amendment Adopting an Update of the Housing Element for the Period of 2023-2031; and 3) Adopt Resolution 2023-004 Adopting a General Plan Amendment to update the Housing Element of the General Plan for the Period of 2023-2031 and Affirmatively Further Fair Housing, and Comply with State Housing Element Law Councilmember Giudice left the dais at 6:51 p.m. and returned at 6:55 p.m. Mayor Rodriguez left the dais at 6:55 p.m. Vice Mayor Hollingsworth Adams assumed the gavel. Mayor Rodriguez returned to the dais at 6:58 p.m. and reassumed the gavel. Public Hearing Opened: 7:12 p.m. PUBLIC COMMENTS: Jake Mackenzie, as a representative of Green Belt Alliance, spoke in favor of the Housing Element. Public Hearing Closed: 7:16 p.m. ACTION: Moved/Seconded (Elward/Hollingsworth Adams) to adopt Resolution 2023-003. Motion carried by the following unanimous 5-0-0 vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams and Rodriguez NOES: None, ABSENT: None, ABSTAINS: None. City Attorney Kenyon stated for the record that Section 3.b. of Resolution 2023-004 should be amended to read as follows “…the Housing Element has been amended in response to the findings of the Department, as set forth in Attachment 4 to the staff report, to substantially comply with the requirements of State Housing Element Law as interpreted…” ACTION: Moved/Seconded (Elward/Hollingsworth Adams) to adopt Resolution 2023-004 as amended by City Attorney Kenyon. City of Rohnert Park Joint Regular Meeting Minutes for City Council January 24, 2023 RPFA/CDC Successor Agency Page 4 of 7 Motion carried by the following unanimous 5-0-0 vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams, and Rodriguez NOES: None, ABSENT: None, ABSTAINS: None. Mayor Rodriguez recessed the meeting at 7:24 p.m. and reconvened the meeting at 7:30 p.m. B. Consider Introducing by Title Only and Waiving First Reading of Ordinance No: 974, an Ordinance of the City Council of the City of Rohnert Park Enacting Chapter 9.42 of the Rohnert Park Municipal Code to Prohibit Reckless Driving Exhibitions, Street Racing, and Sideshows. Director of Public Safety Mattos presented this item. Recommended Action(s): Receive a report, and consider introducing and waiving the first reading of Ordinance No: 974, an Ordinance of the City Council of the City of Rohnert Park Enacting Chapter 9.42 of the Rohnert Park Municipal Code to Prohibit Reckless Driving Exhibitions, Street Racing, and Sideshows. PUBLIC COMMENTS: None. ACTION: Moved/Seconded (Hollingsworth Adams/Rodriguez) to introduce by title only and waive reading of Ordinance No. 974. Title read by Assistant City Clerk Machado. Motion carried by the following 5-0-0 roll call vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams, and Rodriguez NOES: None, ABSENT: None, ABSTAINS: None. C. Sonoma County Mayors’ and Councilmembers’ Association Matters: Consideration of Supporting “Letters of Interest” for Appointments to Vacancies by the Mayors’ and Councilmembers’ Association Board and the City Selection Committee and Confirm Mayor’s Letter Designating an Alternate Voting Representative to Attend Mayors’ and Councilmembers’ Association and City Selection Committee Meetings. Assistant City Clerk Machado presented this item. Recommended Action(s): 1. Consider supporting councilmembers’ letters of interest for various City Selection Committee and Mayors’ and Councilmembers’ Association appointments. 2. Confirm Mayor’s letter designating an alternate voting representative to attend Mayors’ and Councilmembers’ Association and City Selection Committee meetings. 3. Authorize the Mayor or her designee to vote on late nominations or alternate recommendations made at the February 9, 2023 Mayors and Councilmembers Association and City Selection Committee Meetings. PUBLIC COMMENTS: None. ACTION: Moved/seconded (Hollingsworth Adams/Elward) to authorize the Mayor or her designee to vote on late nominations or alternate recommendations made at the February 9, 2023 Mayors’ and Councilmembers’ Association and City Selection Committee Meetings. City of Rohnert Park Joint Regular Meeting Minutes for City Council January 24, 2023 RPFA/CDC Successor Agency Page 5 of 7 Motion carried by the following unanimous 5-0-0 vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams, and Rodriguez NOES: None, ABSENT: None, ABSTAINS: None. ACTION: Moved/seconded (Hollingsworth Adams/Elward) to confirm Mayor’s letter designating an alternate voting representative to attend Mayors’ and Councilmembers’ Association and City Selection Committee meetings. Motion carried by the following unanimous 5-0-0 vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams, and Rodriguez NOES: None, ABSENT: None, ABSTAINS: None. ACTION: Moved/seconded (Hollingsworth Adams/Rodriguez) to support Stephen Zollman’s letter of interest for the alternate position on the Association of Bay Area Government Executive Board; Jackie Elward’s letter of interest for the position on the North Bay Division, LOCC, Executive Board; Stephen Zollman’s letter of interest for the position on the Child Care Planning Council of Sonoma County; Melanie Bagby’s and Chris Rogers’ letters of interest for the two positions on the Sonoma Marin Area Rail Transit Commission; and Brian Barnacle’s letter of interest for the position on the Bay Area Air Quality Management District Board. Motion carried by the following unanimous 5-0-0 vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams, and Rodriguez NOES: None, ABSENT: None, ABSTAINS: None. ACTION: Moved/seconded (Giudice/Rodriguez) to support Mark Stapp’s letter of interest for the position on the Sonoma County Agricultural Preservation and Open Space District Citizens Advisory Committee. Motion carried by the following unanimous 5-0-0 vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams, and Rodriguez NOES: None, ABSENT: None, ABSTAINS: None. ACTION: Moved/seconded (Hollingsworth Adams/Elward) to support Sandra Lowe’s and Susan Harvey’s letters of interest for the two positions and Jeff Okrepkie’s for the alternate position on the Local Agency Formation Commission. Motion carried by the following 4-0-1 roll call vote: AYES: Elward, Sanborn, Hollingsworth Adams, and Rodriguez NOES: Giudice, ABSENT: None, ABSTAINS: None. D. Council Consideration of Proposed FY 2023-24 Budget Work Session Schedule. Finance Director L. Tacata presented this item. Recommended Action(s): Select dates in April City of Rohnert Park Joint Regular Meeting Minutes for City Council January 24, 2023 RPFA/CDC Successor Agency Page 6 of 7 2023 for budget-hearing work sessions to consider the City of Rohnert Park’s proposed FY 2023-2024 budget. PUBLIC COMMENTS: None. ACTION: By consensus (none opposed), Council directed staff to schedule the FY 2023-24 Budget Work Sessions for April 17 and 18 from 2 p.m. to 7 p.m. 9. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: None. B. Liaison Reports: 1. Chamber of Commerce Board of Directors Meeting (1/17) Mayor Rodriguez reported on this meeting. 2. Senior Citizen Advisory Commission Meeting (1/19) Councilmember Elward informed she was unable to attend the meeting due to attending the League of California Cities New Mayors and Councilmembers Academy. C. Outside Agency Reports: 1. Mayors and Council Members' Association of Sonoma County Legislative Committee (1/20) Mayor Rodriguez reported this meeting did not occur. D. Other Reports: 1. League of California Cities New Mayors and Councilmembers Academy, January 18- 20, 2023 Mayor Rodriguez reported the Council attended the academy. Councilmembers Elward, Giudice, Sanborn, Vice Mayor Hollingsworth Adams, and Mayor Rodriguez reported on the academy. 10. COMMUNICATIONS Mayor Rodriguez inquired about land acknowledgements being a part of Council Meetings. City Manager Piedra informed that staff could bring a discussion item to a future agenda, if directed by the Council. This was supported by Mayor Rodriguez, Councilmembers Giudice and Councilmember Elward. Vice Mayor Councilmember Hollingsworth Adams complimented staff on inviting those on east side H Section to a meeting on Monday, January 30 at 6:15 p.m. at Gold Ridge school site to discuss the flooding that occurred during the storms. 12. PUBLIC COMMENT Lisa Orloff of the Rohnert Park Chamber of Commerce invited everyone to their Noon Times Networking Luncheon occurring Wednesday, February 1 from 12 p.m. to 1:30 p.m. at Foxtail Golf Club. City Manager Piedra will be speaking at the event. City of Rohnert Park Joint Regular Meeting Minutes for City Council January 24, 2023 RPFA/CDC Successor Agency Page 7 of 7 13. ADJOURNMENT Mayor Rodriguez adjourned the joint regular meeting 8:18 p.m. _____________________________________ __________________________________ Elizabeth Machado, Assistant City Clerk Samantha Rodriguez, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 6.C. 1 Meeting Date: February 14, 2023 Department: Public Safety Submitted By: Tim Mattos, Director of Public Safety Prepared By: Kevin S. Kilgore, Deputy Chief of Public Safety Agenda Title: Waive Second Reading of and Adopt Ordinance No: 974, an Ordinance of the City Council of the City of Rohnert Park Enacting Chapter 9.42 of the Rohnert Park Municipal Code to Prohibit Reckless Driving Exhibitions, Street Racing, and Sideshows RECOMMENDED ACTIONS: Staff recommends that the City Council waive the second reading of and adopt Ordinance No: 974 – an Ordinance of the City Council of the City of Rohnert Park Enacting Chapter 9.42 of the Rohnert Park Municipal Code to Prohibit Reckless Driving Exhibitions, Street Racing, and Sideshows. BACKGROUND: On October 11, 2022, the Santa Rosa City Council adopted an ordinance to address sideshows. Since then, Rohnert Park has experienced attempted sideshow activities in our City, and we anticipate Rohnert Park will continue to see attempted sideshow activities adversely affecting the City. With organized sideshows growing to hundreds of cars and becoming more violent, it frequently requires massive police responses that have pulled in officers from all over the city and county. They have been increasingly violent toward the responding officers as bottles, rocks and other dangerous items are thrown at them and their patrol cars. Additionally, fire trucks and ambulances have been surrounded and damaged when trying to administer medical aid to persons involved in or around the sideshow events. On October 25, 2022, City Council directed staff to draft a sideshow ordinance to add to the City’s current Municipal Code in an effort to provide an additional tool to combat sideshows in the City of Rohnert Park. On January 24, 2023, the City Council conducted a public meeting and introduced Ordinance No: 974 – an Ordinance of the City Council of the City of Rohnert Park Enacting Chapter 9.42 of the Rohnert Park Municipal Code to Prohibit Reckless Driving Exhibitions, Street Racing, and Sideshows. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.C. 2 ANALYSIS: The ordinance would prohibit participating in any street races or “sideshows,” which are defined to include reckless driving exhibitions, or participating in events where 5 or more people block or impede traffic for purposes of performing vehicle stunts or speed contests. The ordinance would also prohibit someone from being knowingly present, within 200 feet of the location where such events are occurring or specific preparations for such events are occurring, for the purpose of being a spectator of such event. Organizing, publicizing, or promoting such illegal street races and sideshows would also be prohibited. Penalties for violating the ordinance would be up to 6 months in jail or a $1000 fine, which is the maximum that can be imposed for a violation of a city ordinance, unless the violation was charged as an infraction by the prosecutor. The adoption of this sideshow ordinance by the Rohnert Park City Council will allow RPDPS to effectively address sideshow activities and deter sideshow behavior in addition to other strategies, including education, working with the City Engineer on traffic mitigation options, and enforcement. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Goal C: Ensure the effective delivery of public safety services FISCAL IMPACT/ FUNDING SOURCE: There is no significant fiscal impact as a result of a sideshow ordinance. Funds for overtime resources are allocated in the 2022-2023 Fiscal Year adopted budget. With the sideshow response protocols agreed upon by Sonoma County Law Enforcement Chief’s Association (SCLECA), other Sonoma County law enforcement agencies would respond to assist Rohnert Park should our City experience sideshow activities, thus mitigating the cost of overtime. Department Head Approval Date: January 25, 2023 Finance Director Approval Date: N/A City Attorney Approval Date: January 25, 2023 City Manager Approval Date: January 30, 2023 Attachments: 1. Ordinance No: 974 ORDINANCE NO. 974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ENACTING CHAPTER 9.42 OF THE ROHNERT PARK MUNICIPAL CODE TO PROHIBIT RECKLESS DRIVING EXHIBITIONS, STREET RACING, AND SIDESHOWS WHEREAS, sideshows are gatherings, processions or assemblages where persons in vehicles engage in reckless stunts and maneuvers on city streets, sidewalks and other public places in the presence of spectators; and WHEREAS, the history of sideshows in Sonoma County and other Bay area jurisdictions indicates that these activities place residents, other drivers and spectators in danger of injury or death; promote and cause disorderly conduct, vandalism and unruly behavior; incite violence and create imminent threats to public safety and order; and WHEREAS, sideshows and the spectators who are attracted to them cause chaos and confusion in the neighborhoods by interfering with pedestrian and vehicular traffic and by creating a situation where residents and members of the public feel threatened and intimidated; and WHEREAS, the participation of spectators in sideshows fuels these activities and create an environment which allows these activities to flourish and spectators facilitate and aid and abet in these activities by standing in the streets, blocking sidewalks, shouting, playing loud music and engaging in unruly behavior; and WHEREAS, sideshows endanger not only the health and safety of the participants and spectators, who may be struck by recklessly driven motor vehicles, but also members of the general public, who may be impacted by traffic caused by such events as well as the diversion of public safety personnel to such events; 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. Enactment of Chapter 9.42 – Chapter 9.42 of the Rohnert Park Municipal Code is hereby enacted to read in its entirety as follows: Chapter 9.42 - RECKLESS DRIVING EXHIBITIONS, STREET RACING, AND SIDESHOWS 9.42.010 – Definitions. For purposes of this chapter, the following definitions shall apply: A. “Offstreet parking facility” means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers. B. “Participant” means any individual driving a vehicle that is used in a reckless driving exhibition, a street race, or a sideshow. Ordinance No. 974 Page 2 C. “Passenger” means any individual riding in a vehicle which is used in a reckless driving exhibition, a street race, or a sideshow. D. “Preparations” shall mean the performance of any of the following acts, while a gathering of 5 or more persons have been assembled, at a public street, highway, or offstreet parking facility: 1. Impeding the free public use of a public street, highway, or offstreet parking facility by acts or physical barriers for the purpose of facilitating or participating in a sideshow, street race or reckless driving exhibition; 2. The lining up of two or more motor vehicles on a public street, highway, or offstreet parking facility with motors running, for the purpose of facilitating, participating in or observing a sideshow, street race or reckless driving exhibition; 3. Revving a motor vehicle's engine or causing the motor vehicle’s tires to spin for the purpose of facilitating or participating in a sideshow, street race or reckless driving exhibition; or 4. Standing or sitting in a position opposite or adjacent to more than one motor vehicle, in order to act as a race starter for the purpose of facilitating or participating in a sideshow, street race or reckless driving exhibition. F. “Reckless driving exhibition” shall mean the driving of any vehicle in a manner that can be defined as reckless driving as referred to in California Vehicle Code Section 23103, as may be amended. G. “Scene” shall mean the location of any sideshow, street race or reckless driving expedition or the location of the preparations for the sideshow, street race or reckless driving expedition. H. “Sideshow” shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended, and shall also mean any event in which five or more persons acting together block or impede traffic on a highway or offstreet parking facility, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or exhibitions of reckless driving. I. “Spectator” shall mean any person who is present, within two hundred (200) feet of the location of a sideshow, street race or reckless driving exhibition, or the location of preparations for such events, for the purpose of viewing or witnessing any such event as it progresses. J. “Street race” means any motor vehicle speed contest or motor vehicle exhibition of speed as defined in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended. 9.42.020 – Participating in sideshows, street races, and reckless driving exhibitions prohibited. It shall be unlawful for any person to: A. Knowingly participate as a driver at a sideshow, street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility; or Ordinance No. 974 Page 3 B. Be knowingly present as a passenger at a sideshow, street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. 9.42.030 – Spectators at sideshows, street races, and reckless driving exhibitions prohibited. It shall be unlawful for any person to: A. Be knowingly present as a spectator at a sideshow, street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. B. Be knowingly present as a spectator where preparations are being made for a sideshow, street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. Nothing in this chapter prohibits peace officers, medical professionals, firefighters or their agents who are acting in the course of their official duties from being present at or responding to a sideshow, street race or reckless driving exhibition, or being present at the location of preparations for any such events. 9.42.040 – Promoting, organizing, or facilitating sideshows, street races, and reckless driving exhibitions prohibited. It shall be unlawful for any person to knowingly organize, promote, facilitate, publicize, or aid in the gathering of persons to serve as spectators at a sideshow, street race or reckless driving exhibition on a public street, highway, or in an offstreet parking facility. 9.42.050 – Penalties for violations. Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of $1,000.00, unless at the discretion of the prosecuting city attorney or district attorney, the violation is reduced to an infraction. Section 3. Environmental Review. The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Section 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. Ordinance No. 974 Page 4 This ordinance was introduced on January 24, 2023 and adopted by the Council of the City of Rohnert Park on February 14, 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ___________________________ Samantha Rodriguez, Mayor ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney ITEM NO. 6.D. 1 Meeting Date: February 14, 2023 Department: Public Safety Submitted By: Tim Mattos, Director of Public Safety Prepared By: Aaron Hall, Acting Fire Marshal Agenda Title: Acceptance of Annual 2022 Fire Inspection Report (SB 1205) RECOMMENDED ACTION: Per Senate Bill 1205, staff recommends council acknowledge receipt of this report. BACKGROUND: California law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for enforcing specified building standards, not less than once each year. It also requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses for compliance with the building standards. Senate Bill 1205 requires every city or county fire department or district required to perform the above described inspections to report annually to its administering authority, on the department or district’s compliance with the above described inspection requirements. Senate Bill 1205 also requires the administering authority to acknowledge receipt of the report. ANALYSIS: The Fire Prevention Division of the Public Safety Department reports the following information pursuant to SB 1205 for the calendar year 2022. State Mandated Inspections: • All schools were inspected, as scheduled. • This year “places of assembly” such as churches, theatres and restaurants were inspected, with some re-inspections due to violations (162 inspections) Other inspections: • 1,955 Annual Fire/Life Safety inspections for the year 2022 were completed. This represents 100% of scheduled inspections with re-inspections for violations. • 60 new business inspections were completed. • 15 Care Homes and congregate facilities were inspected. 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 Construction Inspections for the year 2022: • 1,754 inspections of construction in progress were performed. This represents 19% increase compared to 2021 (1,473 inspections). Other items of note: • The Weed Abatement Program was adopted into the local ordinance eliminating the need to go to the City Council for annual hearing and approval. • The Weed Abatement Program was 100% completed without any properties requiring mandatory abatement. This included 92 inspections. • 613 construction plan reviews were performed. This represents a 3.5% increase from 2021 (592 plan reviews). • Fire Division held public education/outreach events during 2022. New education material was posted on the City’s website and made available for the public. • The department participated in the 16th Annual Bucket Brigade Blood Drive during which 72 lifesaving units of blood gathered. • Public Safety held the Illegal Fireworks Campaign in 2022 banning fireworks in the City. • HomeKey (Labath Landing) opened for new residents. • The 2022 California Fire Code, with local amendments was presented to the city council on November 8th. The amendments were accepted by council. • Our newest Engine (9983) is in service and is living at its new home at Station #3. • Fire Marshal Jim Thompson retired from our agency on November 30th after serving the city for the past 6 years. STRATEGIC PLAN ALIGNMENT: The inspections and accomplishments are consistent with Strategic Plan Goals: • Goal C: Ensure the effective delivery of public services. This was achieved by completing the mandated inspections of higher-risk occupancies to the greatest extent possible. • Goal D: Continue to develop a vibrant community. This was achieved by meeting the needs of the construction industry, through weed abatement, and continuing to maintain a safe city in which to work and live. OPTIONS CONSIDERED: • Recommended Option: Staff recommends acknowledging and accepting the report only. No other action is required or requested. • Alternative: No alternative is considered, as this is a mandatory reporting. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact. Department Head Approval Date: 2/1/2023 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 2/1/2023 Attachments: None ITEM NO. 6.E. 1 Meeting Date: February 14, 2023 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Justin Brandt, Deputy City Engineer Agenda Title: Adopt a Resolution Accepting the Southeast Specific Plan Phase 2 In- Tract and Off-Site Improvements in Connection with Southeast Specific Plan Area and Directing Related Actions (CEQA Status: Consistent with the Environmental Impact Report (EIR) Adopted by the City Council on December 7, 2010) RECOMMENDED ACTION: Adopt a resolution accepting the Southeast Specific Plan Phase 2 in-tract and off-site improvements in connection with Southeast Specific Plan Area and directing related actions. BACKGROUND: The Southeast Specific Plan Area (also known as the Willowglen Subdivision), includes 477 new residential dwelling units, located west of Petaluma Hill Road, north of Valley House Drive and east of Bodway Parkway (see Attachment 1). Development of this area was approved in 2010 and modifications and amendments were approved in 2020. Penngrove Mountain LLC (the Developer) has been pursuing the project, including the construction of infrastructure in phases and the City has been working with the developer to accept the public infrastructure, as phases of the larger development project are complete. On June 12, 2018, the City Council adopted Resolution 2018-82, approving a Public Improvement Agreement with the Developer for the Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements. This agreement is dated May 30, 2018 and was recorded on July 16, 2018 as Instrument No. 2018050539 in the Official Records of the County of Sonoma. This agreement required the Developer to install Phase 2 in-tract surface, dry and wet utility improvements including paving, striping, signage, curb, gutter, sidewalk, lighting, joint trench, sanitary sewer, potable water, and storm drain improvements. At this point in time, the Developer has completed the construction of these improvements and has requested that the City accept the work The Developer has provided a warranty bond for $657,465 as required by the Municipal Code. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.E. 2 ANALYSIS: Staff is requesting that the City Council authorize acceptance of the Southeast Specific Plan Phase 2 in-tract and off-site improvements, including actions related to filing of a Notice of Completion, and booking the new assets, as well as terminating the improvement agreement after the warranty period has expired. These actions are the final steps in transferring the developer- constructed improvements to the City, in accordance with the improvement agreement. 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 move the maintenance responsibilities from the Developer to the City, which is consistent with the long term plan for the Southeast Specific Plan Area. ENVIRONMENTAL ANALYSIS: The development of the Southeast Specific Plan Phase 2, including the construction of the in- tract and off-site improvements, was covered in the Environmental Impact Report (EIR) adopted by the City Council on December 7, 2010 by Resolution 2010-134, for the Southeast Specific Plan Area. No additional environmental analysis is necessary. 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 improvement agreement. FISCAL IMPACT/FUNDING SOURCE: Upon acceptance, the City will receive infrastructure assets valued at $3,841,649.44. Table 1 summarizes the value of each asset, which is documented in more detail in Attachment 2. City Asset Value of Asset* Storm Drain System $756,597.71 Sanitary Sewer System $587,911.46 Domestic Water System $710,623.73 Street Improvements $1,470,967.77 Streetlights $228,877.90 Landscape $86,670.87 Total Asset Value $3,841,649.44 *These values include a ten percent contingency and proportional grading expenses ITEM NO. 6.E. 3 Funding for maintenance of these assets comes from the Water and Sewer Funds (for water and sewer utilities and from the Southeast Community Facilities District for all other assets Code Compliance Approval Date: NA Department Head Approval Date: 01/30/2023 Finance Approval Date: 01/25/2023 Human Resources Approval Date: NA City Attorney Approval Date: 01/30/2023 City Manager Approval Date: 01/31/2023 Attachments: 1. Southeast Specific Plan Area - Location Map 2. Resolution of the City Council of the City of Rohnert Park Accepting the Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements in Connection with Southeast Specific Plan Area and Directing Related Actions. a. Resolution Exhibit A – Notice of Completion - Southeast Specific Plan Phase 2 In-Tract Improvements and Off-Site Improvements b. Resolution Exhibit B – Certificate of Acceptance for Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements c. Resolution Exhibit C – Termination of Improvement Agreement - Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements WatsonDrWatsonDrMath ias Pl MainsailDrManchesterAveWallStMathias Pl Waterside Ln Cam ino Colegio Wildflower Way A lice Dr Alan Dr Wisdom L nMammothDr WildRoseWayWyattWayBodwayPkyValley House Dr Alice Dr Marlin Pl Mammoth P l Montana Pl Mariner Pl Marcel Pl Winterberry Ln Waverly Pl Warren Pl Windward DrWildflower Way Warmstone Way Wendy DrWalker WayPetaluma Hill RdPetaluma Hill RdCanon Manor SoutheastEstates Ph2 SE Ph3SE Ph1 SOMO Village M Section constructionin Va lley House Dr Fredricks Park Attachment 1. Southeast Specific Plan – Location Map ARE A O F ACCEPTA N CE RESOLUTION NO. 2023-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF- SITE IMPROVEMENTS IN CONNECTION WITH SOUTHEAST SPECIFIC PLAN AREA AND CEQA STATUS: CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT (EIR) ADOPTED BY THE CITY COUNCIL ON DECEMBER 7, 2010, AND DIRECTING RELATED ACTIONS WHEREAS, on June 12, 2018 the City Council of the City of Rohnert Park adopted Resolution 2018-82, authorizing and approving the Public Improvement Agreement for the Southeast Rohnert Park Phase 2 In-Tract and Off-Site Improvements (Agreement) by and between the City of Rohnert Park and Penn Grove Mountain, LLC (Developer); and WHEREAS, the Agreement, with an effective date of May 30, 2018, was recorded on July 16, 2018 as Instrument No. 2018050539 in the Official Records of the County of Sonoma. WHEREAS, the Developer has completed the construction of the Southeast Specific Plan Phase 2 In-Tract and Off-Site 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements which substantiates an asset value of $3,841,649.44 for Southeast Specific Plan Area; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreement; and WHEREAS, the CEQA status of the Southeast Specific Plan Area is consistent with the Environmental Impact Report adopted by the City Council on December 7, 2010. 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements, in substantially similar form to Exhibit C, attached to this Resolution and incorporated by this reference. Resolution 2023-005 Page 2 of 2 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements, defined in the Agreement, as a capital asset of the City with a current book value of $3,841,649.44. DULY AND REGULARLY ADOPTED this 14th day of February, 2023. CITY OF ROHNERT PARK ____________________________________ Samantha Rodriguez, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A, B, and C ELWARD: _________ GIUDICE: _________SANBORN: _________ HOLLINGSWORTH ADAMS: _________ RODRIGUEZ: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A TO RESOLUTION CERTIFICATE OF COMPLETION SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF-SITE 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 Penn Grove Mountain LLC dated May 30, 2018 was completed to my satisfaction on January 11, 2023. That said work and improvements generally consisted of surface, dry and wet utility improvements including paving, striping, signage, curb, gutter, sidewalk, lighting, joint trench, sanitary sewer, potable water, and storm drain improvements within the Southeast Specific Plan Phase 2 within the boundaries of the Southeast Specific Plan Area, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on May 24, 2018. 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 SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF-SITE 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 14th day of February, 2023, 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 Penn Grove Mountain LLC dated May 30, 2018, 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 generally consisted of surface, dry and wet utility improvements including paving, striping, signage, curb, gutter, sidewalk, lighting, joint trench, sanitary sewer, potable water, and storm drain improvements within the Southeast Specific Plan Phase 2 within the boundaries of the Southeast Specific Plan Area, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on May 24, 2018. Dated: _________, 2023 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 ___________, 2023, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B TO RESOLUTION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. ACCEPTANCE OF SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF- SITE IMPROVEMENTS WITHIN THE SOUTHEAST SPECIFIC PLAN AREA WHEREAS, the Penn Grove Mountain Investments LLC as owner(s), have completed the surface, dry and wet utility improvements including paving, striping, signage, curb, gutter, sidewalk, lighting, joint trench, sanitary sewer, potable water, and storm drain improvements within the Southeast Specific Plan Phase 2 within the boundaries of the Southeast Specific Plan Area (the “Improvements”). WHEREAS, the Improvements are for the purpose of roadway, sidewalk, streetscape, lighting, electric power, gas service, potable water, storm drain, and sanitary sewer services within the Southeast Specific Plan Area. WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to use the Improvements for the above described purposes. NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby accepts the Improvements and authorizes the City Manager to execute this acceptance. Dated: __________________ CITY OF ROHNERT PARK _________________________________ Marcela Peidra City Manager Authorized by Rohnert Park City Council Resolution No. 2023-__ adopted on February 14, 2023. ACKNOWLEDGMENT State of California County of _____________________________) On _________________________ before me, __________________________________ (insert name and title of the officer) personally appeared __________________________ _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) 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. 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 SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF-SITE IMPROVEMENTS This Acknowledgement of Completion and Termination of Public Improvements Agreement (the "Acknowledgement") is entered into as of __________________, 2024, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of Penn Grove Mountain LLC (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated May 30, 2018 and recorded on July 16, 2018 as Instrument No. 2018050539 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Southeast Specific Plan Phase 2 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 _________, 2023 and recorded on __________, 2023 as Instrument No. 2023_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on February 14, 2023. 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: Marcela Piedra Title: City Manager Authorized by City Council Resolution 2023-___ adopted on February 14, 2023 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Cuevas Lopez 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.F. 1 Meeting Date: February 14, 2023 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Justin Brandt, Deputy City Engineer of Development Services Agenda Title: Adopt a Resolution Accepting the Keiser Avenue Reconstruction Project and Directing Relating Actions (CEQA Status: Consistent with the Environmental Impact Report for the University District as Amended) RECOMMENDED ACTION: Adopt a resolution accepting the Keiser Avenue Reconstruction Project and directing related actions. BACKGROUND: The University District Specific Plan Area is located east of Snyder Lane, north of Copeland Creek and south of Keiser Avenue (see Attachment 1). The development of 1,645 homes and a related commercial area was originally approved in 2006 and modifications and amendments were approved in 2014. The project has been pursued in phases, and the City has been accepting the public infrastructure as phases of the development project are complete. The City has been working with Keiser 42 LLC and the University District LLC (each a “Developer” and collectively the “Developers”) on the Keiser Avenue Reconstruction Project in connection with the development of the Vast Oak North and Bristol subdivisions in the University District. On September 22, 2020, the City Council adopted Resolution 2020-088, approving a Public Improvement Agreement with Keiser 42 LLC for portions of the Keiser Avenue Reconstruction Project. This agreement is dated September 23, 2020, and was recorded on September 25, 2020, as Instrument No. 2020086437 in the Official Records of the County of Sonoma. The agreement, which supported the development of the Bristol subdivision, required Keiser 42 LLC to install certain public improvements including recycled water, domestic water, sewer, storm drain, curb and gutter, sidewalk, roadway widening, driveway repair and striping on Keiser Avenue. The work subject to this agreement is generally located between Snyder Lane and Oak Circle. On July 13, 2021, the City Council adopted Resolution 2021-084, approving a Public Improvement Agreement with the University District LLC for portions of the Keiser Avenue Reconstruction Project. This agreement is dated September 16, 2021, and was recorded on September 21, 2021, as Instrument No. 2021105336 in the Official Records of the County of Sonoma. The agreement, which supported development of the Vast North subdivision, required the University District LLC to install certain public improvements including recycled water, 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 storm drain, curb and gutter, sidewalk, bioretention facilities, roadway widening, driveway repair, streetlights, and striping on Keiser Avenue. The work subject to this agreement is generally located between Snyder Lane and Kerry Road. Both of the Developers collaborated with the each other and the City to perform their responsibility of the work. At this point in time, the Developers have completed their work and Keiser Avenue between Snyder Lane and Kerry Road meets current City standards. As a result the Developers have requested that the City to accept the work, consistent with the terms of their respective Improvement Agreements. ANALYSIS: Staff is requesting that the City Council authorize acceptance of the Keiser Avenue reconstruction project, 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 the improvement agreement. Staff has worked carefully with its construction manager and the Developers, to ensure that all improvements have been constructed according to plans, the punch lists are completed and that project are not subject to mechanics liens. The Developers have also submitted the required warranty bonds for each improvement. Accepting the improvements will move the maintenance responsibilities from the developer to the City, which is consistent with the long-term plan for the University District. ENVIRONMENTAL ANALYSIS: The development of the University District, including the construction of the Keiser Avenue was covered in the Environmental Impact Report (EIR) adopted by the City Council on May 23, 2006, by Resolution 2006-141, for the University District Specific Plan Area and subsequent amendments. STRATEGIC PLAN 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 Improvement Agreements between the City and the two Developers. FISCAL IMPACT/FUNDING SOURCE: Upon acceptance, the City will receive infrastructure assets valued at $3,843,124.90. Table 1 summarizes the value of each asset from each developer, which is documented in more detail in Attachment 2. ITEM NO. 6.F. 3 Table 1 – Summary of Keiser Avenue Asset Values City Asset Value of Asset from University District LLC Value of Asset from Keiser 42 LLC Total Asset Value Streetscape $1,015,280.53 $407,234.16 $1,422,514.69 Concrete $678,191.18 $96,797.34 $774,988.52 Striping $34,553.99 $18,396.98 $52,950.97 Recycled Water System $171,972.77 $127,371.23 $299,344.00 Storm Drain System $483,854.32 $80,771.68 $564,626.00 Domestic Water System $10,149.80 $34,134.77 $44,284.57 Sewer System $0.00 $5,753.24 $5,753.24 Landscape/Irrigation $553,830.70 $0.00 $553,830.70 Streetlights $124,832.21 $0.00 $124,832.21 Total Value $3,072,665.50 $770,459.40 $3,843,124.90 The City will be responsible for future maintenance of these assets. Funding for the maintenance of these assets comes from several sources. The water, sewer and recycled water assets will be maintained by the City’s water, sewer and recycled water utilities. New ratepayers in the University District will be contributing to this maintenance through their rates. Roadway, storm drain and streetscape assets will be maintained primary through the City’s General Fund and the Bristol Community Services District. The General Fund is augmented by the University District Maintenance Annuity Fund (MAF). The Development Agreement between the City and University District LLC requires that the developer make a deposit market rate single-family dwelling unit into the MAF. The MAF is invested by the City and the interest is transferred to the General Fund used to fund maintenance in the portion of the University District Specific Plan Area constructed by University District LLC.. Code Compliance Approval Date: NA Department Head Approval Date: 02/01/2023 Finance Approval Date: 01/25/2023 Human Resources Approval Date: NA City Attorney Approval Date: 01/30/2023 City Manager Approval Date: 02/02/2023 Attachments: 1. University District Specific Plan – Location Map 2. Bond Estimate ITEM NO. 6.F. 4 3. Resolution 2023-006 Accepting the Keiser Avenue Reconstruction Project and Directing Related Actions 4. Resolution Exhibit A-1 – Notice of Completion – Keiser Avenue Reconstruction Project ( Keiser 42 LLC Portion) 5. Resolution Exhibit A-2 - Notice of Completion – Keiser Avenue Reconstruction Project( University District LLC Portion) 6. Resolution Exhibit B-1 - Certificate of Acceptance for Keiser Avenue Reconstruction Project ( Keiser 42 LLC Portion) 7. Resolution Exhibit B-2 Certificate of Acceptance for Keiser Avenue Reconstruction Project ( University District LLC Portion) 8. Resolution Exhibit C-1 – Termination of Improvement Agreement – Keiser Avenue Reconstruction Project ( Keiser 42 LLC Portion) 9. Resolution Exhibit C-2 - Termination of Improvement Agreement – Keiser Avenue Reconstruction Project ( University District LLC Portion) n n Oak Cir HIN EBA UGH C REEK Vast OakNorth 3B Vast Oak West 1 Bristol Comm unity Center Spreckles (PAC) Sports Ct r UDLLC Vast Oak East 2 Vast OakNorth 3A Petaluma Hill RdSonoma StateUniversity COPELAN D C REEKCOPELAND C REEK Rohnert Park Expy Rohnert Park Expy OakView Keiser Ave Rancho Grande HIN EBA UGH C REEK Kerry RdKerry RdSnyder LnKeiser Ave Sunrise Park TwinCreeksPark GriffinsGrove Park LEARNING TO LEARN LAWRENCE E. JONES MIDDLE Attachment 1. University District Specific Plan – Location Map AREA OF ACCEPTANCE Resource Description CO Quantity Unit LS/Unit Price Total 12212210 Eng - Surveys - Project Setup T&M 0 1.00 $3,000.00 $3,000.00 - Construction Consultation T&M 0 1.00 Each $3,000.00 $3,000.00 - Construction Staking Rough Grade - FF 0 1.00 Each $5,000.00 $5,000.00 - Construction Staking Storm Drain - FF 0 1.00 Each $7,500.00 $7,500.00 - Construction Staking Water System - FF 0 1.00 Each $10,000.00 $10,000.00 - Construction Staking Joint Trenhc - FF 0 1.00 Each $10,000.00 $10,000.00 - Construction Staking Curb & Gutter - FF 0 1.00 Each $15,000.00 $15,000.00 - Construction Staking Misc Staking - T&M 0 1.00 Each $7,500.00 $7,500.00 - Reimbursables Keiser 2B Reimbursable - Mackay & Somps COR - Reimbursement Keiser 2B2 1 1.00 Each $1,000.00 $1,000.00 Vendor Signature &TS Date &TD Owner Signature &BS Date &BD Terms and Conditions By this reference this purchase order becomes an addendum of the original contract. All terms and conditions of that contract apply to this PO. Please review carefully before signing RESOLUTION NO. 2023-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE KEISER AVENUE RECONSTRUCTION PROJECT AND DIRECTING RELATED ACTIONS (CEQA STATUS: CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE UNIVERSITY DISTRICT AS AMENDED) WHEREAS, Keiser 42 LLC and the University District LLC (each a “Developer” and collectively the “Developers”) have been collaborating on the Keiser Avenue Reconstruction Project in connection with the Vast Oak North portion of the University District; and WHEREAS, on September 22, 2020, the City Council of Rohnert Park adopted Resolution 2020-088, authorizing and approving a Public Improvement Agreement for a portion of the Keiser Avenue Reconstruction Project by and between the City of Rohnert Park and Keiser 42 LLC, with an effective date of September 23, 2020, and recorded on September 25, 2020, as Instrument No. 2020086437 in the Official Records of the County of Sonoma; and WHEREAS, on July 13, 2021, the City of Rohnert Park adopted Resolution 2021-084, authorizing and approving a Public Improvement Agreement for a portion of the Keiser Avenue Reconstruction Project by and between the City of Rohnert Park and the University District LLC, with an effective date of July 13, 2021, and recorded on September 21, 2021, as Instrument No. 20211025336 in the Official Records of the County of Sonoma; and WHEREAS, University District LLC and Keiser 42 LLC have completed the construction under the Public Improvement Agreements in accordance with the plans and specifications for the work and have requested the City to accept the work; and WHEREAS, Keiser LLC has submitted cost documentation for their portion of the improvements which substantiates an asset value of $770,459.40 for Vast Oak; and WHEREAS, University District LLC has submitted cost documentation for their portion of the improvements which substantiates as asset value of $3,072,665.50 for Vast Oak; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreements; and WHEREAS, the construction and acceptance of the Keiser Avenue Project is consistent with the University District Specific Plan Environmental Impact Report as amended. 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 Notices of Completion and related documents for the Keiser Avenue Reconstruction Project, 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 Notices of Completion, the City Manager is hereby authorized and directed to execute the Notices of Acceptance for the improvements in substantially similar form to Exhibit B, attached to this Resolution and incorporated by this reference. Resolution 2023-006 Page 2 of 2 BE IT FURTHER RESOLVED that upon expiration of the warranty period, the City Manager is hereby authorized and directed to execute the Acknowledgements of Completion and Termination of the Public Improvement Agreements for the Keiser Avenue Reconstruction Project, 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 Keiser Avenue Reconstruction Project, defined in the Agreements, as a capital asset of the City with a current book value of $3,843,124.90. DULY AND REGULARLY ADOPTED this 14th day of February, 2023. CITY OF ROHNERT PARK ____________________________________ Samantha Rodriguez, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A, B, and C ELWARD: _________ GIUDICE: _________SANBORN: _________ HOLLINGSWORTH ADAMS: _________ RODRIGUEZ: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A-1 TO RESOLUTION CERTIFICATE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (Keiser 42 LLC Portion) 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 Keiser 42 LLC, dated September 23, 2020, was completed to my satisfaction on December 23, 2022. That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, sanitary sewer, potable water, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Oak Circle as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020. DATED: _____________, 2023 ____________________________________ City Engineer EXHIBIT A-1 TO RESOLUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (Keiser 42 LLC Portion) 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 ___ day of February, 2023, 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 the Keiser 42 LLC dated September 23, 2020, 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 December 23, 2022. The name of the surety on the contractor’s bond for labor and materials on said project is Philadelphia Indemnity Insurance Company (Bond No. PB01798100643). That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, sanitary sewer, potable water, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Oak Circle as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020. Dated: February ____, 2023. 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 February, 2023, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT A-2 TO RESOLUTION CERTIFICATE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) 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 September 16, 2021, was completed to my satisfaction on December 23, 2022. That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, landscape, lighting, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Kerry Road as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020. DATED: _____________, 2022 ____________________________________ City Engineer EXHIBIT A-2 TO RESOLUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) 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 14th day of February, 2023, 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 the University District LLC dated September 16, 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 December 23, 2022. The name of the surety on the contractor’s bond for labor and materials on said project is Atlantic Specialty Insurance Company (Bond No. 905154892/800-020295). That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, landscape, lighting, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Kerry Road, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020 Dated: February ____, 2023. 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 February, 2023, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B-1 TO RESOLUTION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. ACCEPTANCE OF KEISER AVENUE RECONSTRUCTION PROJECT (Keiser 42 Portion) WHEREAS, the Keiser 42 LLC as owner(s), have completed the Keiser Avenue Reconstruction Project including paving, striping, signage, curb, gutter, sidewalk, sanitary sewer, potable water, storm drain, and recycled water system improvements between Snyder Lane and Oak Circle (the “Improvements”). WHEREAS, the Improvements are for the purpose of roadway, sidewalk, streetscape, lighting and electric power, gas service, and wet utilities within the Bristol Subdivision in the University District Specific Plan Area. WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to use the Improvements for the above described purposes. NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby accepts the Improvements and authorizes the City Manager to execute this acceptance. Dated: __________________ CITY OF ROHNERT PARK _________________________________ Marcela Piedra City Manager Authorized by Rohnert Park City Council Resolution No. 2023-__ adopted on February 14, 2023 ACKNOWLEDGMENT State of California County of _____________________________) On _________________________ before me, __________________________________ (insert name and title of the officer) personally appeared __________________________ _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) 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. EXHIBIT B-2 TO RESOLUTION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. ACCEPTANCE OF KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) WHEREAS, the University District LLC as owner(s), have completed the Keiser Avenue Reconstruction Project including paving, striping, signage, curb, gutter, sidewalk, landscape, lighting, storm drain, and recycled water system improvements between Snyder Lane and Kerry Road (the “Improvements”). WHEREAS, the Improvements are for the purpose of roadway, sidewalk, streetscape, lighting and electric power, gas service, and wet utilities to the Vast Oak North Subdivisions within the University District Specific Plan Area. WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to use the Improvements for the above described purposes. NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby accepts the Improvements and authorizes the City Manager to execute this acceptance. Dated: __________________ CITY OF ROHNERT PARK _________________________________ Marcela Piedra City Manager Authorized by Rohnert Park City Council Resolution No. 2023-__ adopted on February 14, 2023 ACKNOWLEDGMENT State of California County of _____________________________) On _________________________ before me, __________________________________ (insert name and title of the officer) personally appeared __________________________ _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) 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. EXHIBIT C -1 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 KEISER AVENUE RECONSTRUCTION PROJECT (KEISER 42 PORTION) This Acknowledgement of Completion and Termination of Public Improvements Agreement (the "Acknowledgement") is entered into as of __________________, 2024, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of the Keiser 42 LLC, a California municipal corporation (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated September 23, 2020, and recorded on September 25, 2020, as Instrument No. 2020086437 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Bristol Subdivision (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 February __, 2023 and recorded on __________, 2023 as Instrument No. 2023_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on December 23, 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 -1 TO RESOLUTION WORD-LA\LNB\70378756.3 -2- CITY: City of Rohnert Park, a municipal corporation By: _____________________ Name: Marcela Piedra Title: City Manager Authorized by City Council Resolution 2023-____ adopted on February 14, 2023 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Lopez Cuevas Title: City Clerk EXHIBIT C -1 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. EXHIBIT C-2 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 KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) This Acknowledgement of Completion and Termination of Public Improvements Agreement (the "Acknowledgement") is entered into as of __________________, 2024, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of the University District LLC, a California municipal corporation (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated September 16, 2021, and recorded on September 21, 2021, as Instrument No. 2021105336 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak North Subdivision (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 February 14, 2023 and recorded on __________, 2023 as Instrument No. 2023_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on December 23, 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-2 TO RESOLUTION WORD-LA\LNB\70378756.3 -2- CITY: City of Rohnert Park, a municipal corporation By: _____________________ Name: Marcela Piedra Title: City Manager Authorized by City Council Resolution 2023-____ adopted on February 14, 2023 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Lopez Cuevas Title: City Clerk EXHIBIT C-2 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: February 14, 2023 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Justin Brandt, Deputy City Engineer Agenda Title: Adopt a Resolution Approving a Master Services Agreement with Goodwin Consulting Group for Special Tax Consulting Services in Connection with the Formation and Annual Administration of Community Facility Districts (CFDs) RECOMMENDED ACTION: Adopt a resolution approving a Master Services Agreement with Goodwin Consulting Group for special tax consulting services in connection with the formation and annual administration of Community Facility Districts (CFDs). BACKGROUND: The City’s General Plan includes policies that seek to ensure new development supports the cost of the services it requires. These policies are generally implemented through Development Agreements that require development interests to support the formation of Community Facilities District (CFDs). A CFD is a special taxing district that allows public agencies to collect special taxes to fund public safety and maintenance services. The City currently has three CFDs, one that covers the Willowglen subdivision (Southeast Specific Plan CFD), one that covers the Bristol subdivision in the University District (Bristol CFD) and one that covers developing residential property west of Highway 101 (Westside CFD). Together the existing CFDs provide over $1.3 million in revenue annually, which supports the City’s cost of providing services in these newly developing areas. The development agreement for the SOMO Village Planned Development contemplates the formation of a fourth CFD and staff anticipates several annexations to the Westside CFD in the near future. The establishment and administration of CFDs is governed by the Mello Roos Community Facilities District Act of 1982, as amended from time to time. The legal landscape under which CFDs are established and administered is complicated and special tax consultants are often employed by local government agencies to ensure that CFDs are properly established and administered. Goodwin Consulting Group (GCG) is one of several highly-experienced special tax consultants in California. The firm assisted the City in forming each of its CFDs and has calculated the annual special taxes and ensured the taxes were filed with the County for collection for the past five years. The proposed Master Services Agreement would establish a framework of the City to continue to work with GCG on special tax issues moving forward. 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 ANALYSIS: The proposed action is in alignment with the Purchasing Policy which allows the City to engage professional services via a qualifications-based selection process with negotiated scopes and fees. GCG was selected by the City through an RFQ process. The firm has been providing services under consultant services agreements. The proposed Master Agreement will authorize up to $15,000 in services directly and will also allow the City is issue Task Orders for specific assignments. Because each CFD has its own budget, the ability to issue CFD-specific Task Orders will facilitate budget administration and ensure each CFD is covering its costs. The proposed Master Agreement is in the City’s standard form and provides the overall framework for the contracting relationship as well as establishing the general scope of work and fees that can be charged. Project specific work can then be authorized by Task Order. STRATEGIC PLAN and COUNCIL PRIORITY ALIGNMENT: The proposed action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. The item supports the Council’s strategic priority of fiscal health – special tax revenues from CFDs help to fund the service demands associated with new residential development and minimize the burden on the City’s general fund. OPTIONS CONSIDERED: 1. Approve the proposed Master Agreement with Goodwin Consulting Group (recommended action). This action will allow the City to continue to utilize its selected special tax consultant for formation and administration services. 2. Do not approve the proposed Master Agreement and have staff perform CFD formation and administration services (not recommended). This option is not recommended because staff does not have specialized expertise in the formation and administration of community facilities districts. GCG exclusively performs this type of the work and has the specialized expertise to perform the work accurately and efficiently. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $15,000. When GCG is engaged for the purposes of formation or annexation to a CFD, these services are paid for by developer deposit. When GCG is engaged for the purpose of levying the annual taxes, the service is paid for by the special revenue fund associated with each CFD. In Fiscal Year 22-23, the Southeast Specific Plan CFD Fund has a budget of $27,928 for administration services (42612000-64000), the Westside CFD has a budget of $10,353 for administration services (42622000-63880) and the Bristol CFD has a budget of $4,423 (42632000- 63880) for administration services. Collectively, these budgets are more than adequate to fund the contract. Code Compliance Approval Date: NA Department Head Approval Date: 01/30/2023 Finance Approval Date: 01/25/2023 Human Resources Approval Date: NA City Attorney Approval Date: 01/30/2023 ITEM NO. 6.G. 3 City Manager Approval Date: 01/31/2023 Attachments: 1. Resolution Approving a Master Services Agreement with Goodwin Consulting Group for tax advisement and other related services in connection with the formation and annual administration of Community Facility Districts (CFD’s) 2.Master Agreement for Consultant Services with Goodwin Consulting Group RESOLUTION NO. 2023-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A MASTER SERVICES AGREEMENT WITH GOODWIN CONSULTING GROUP FOR SPECIAL TAX CONSULTING SERVICES IN CONNECTION WITH THE FORMATION AND ANNUAL ADMINISTRATION OF COMMUNITY FACILITY DISTRICTS WHEREAS, the City’s General Plan policies encourage the formation of Community Facilities Districts (CFDs) to ensure appropriate funding for maintenance and services in new development areas; and WHEREAS, in support of these General Plan policies, the City has established the Southeast Specific Plan CFD, the Bristol CFD and Westside CFD and anticipates annexing additional property to the Westside CFD and establishing a CFD to cover SOMO Village; WHEREAS, the work of establishing and administering the special taxes generated by CFDs is a highly specialized technical service; and WHEREAS, consistent with the City’s Purchasing Policy, Goodwin Consulting Group (GCG) was selected through a qualifications-based process to provide special tax consulting services; and WHEREAS, the City has entered into consultant services agreements with GCG through which the firm has demonstrated both the qualifications and the capacity to assist the City; and WHEREAS, the City desires to enter into a Master Services Agreement with Goodwin Consulting Group to facilitate the ongoing provision of special tax consulting services; and WHEREAS, pursuant to Section 3.6 of the City’s Purchasing Policy, GCG has provided a proposal and negotiated the scope of services and budget with staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve a Master Services Agreement for Consultant Services with Goodwin Consulting Group in an amount not to exceed fifteen thousand dollars and no cents ($15,000.00). BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this Resolution for and on behalf of the City of Rohnert Park, including the execution of Master Services Agreement, in a form substantially similar to Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 14th day of February 2023. CITY OF ROHNERT PARK ____________________________________ Samantha Rodriguez, Mayor Resolution 2023-007 Page 2 of 2 ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A, B, and C ELWARD: _________ GIUDICE: _________SANBORN: _________ HOLLINGSWORTH ADAMS: _________ RODRIGUEZ: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 6.H. 1 Meeting Date: February 14, 2023 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Jeffrey Beiswenger, Planning Manager Agenda Title: Adopt a Resolution Authorizing the City Manager to Execute Master Service Agreement for Consultant Services and Task Order 2023-01 with De Novo Planning Group for Municipal Planning Services. RECOMMENDED ACTION: Approve a Resolution Authorizing the City Manager to Execute Master Service Agreement for Consultant Services and Task Order 2023-01 with De Novo Planning Group for municipal planning services. BACKGROUND: The staff often require assistance from municipal planning firms. The City hires these consultants for three main reasons: • To supplement staffing, • To provide replacement staffing, and • To provide knowledge in areas where the Staff require additional expertise Due to the current and projected staff workload, there is a need to call on outside consultants to assist in the various private and public projects for design, construction management, consulting, and other services as needed. To keep City projects on track and development moving forward, it is important to have access to consulting resources when the resources can be used in a cost effective manner. Also, having a consultant available for on-call services can support staff when there are several projects to manage and additional project oversight is required. Also, staff sometimes needs assistance from specialists with a detailed level of expertise when designing municipal projects and completing all of the technical studies required for the City of Rohnert Park. When this occurs, staff needs to hire a consultant with expertise in this field. Since 2004, in order to streamline the process of accessing consultant resources, staff has used “Master Services Agreements” that outline the major terms of the business relationship between the consultant and the City, including insurance and indemnification requirements. Work on specific projects is then authorized by a one-page “Task Order” which authorizes project-specific scopes and budgets. The City has had a Master Service Agreement with De Novo since 2018 and it expired at the end of 2022. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.H. 2 ANALYSIS: Staff currently has access to planning and environmental review expertise through a Master Agreement with De Novo. The planning division is managing the following work, aided by consultant assistance: • Implementation of the University District Vast Oak project. We are expecting at least one significant entitlement application in 2023 and we have on-going implementation of previously approved entitlements in Vast Oak North; • Implementation of the Southeast Willow Glen (Southeast) project. The project applicant has applied for amendments to the existing entitlements. Review is underway; • Implementation of the Sonoma Mountain Village Planned Development. Additional entitlement applications are expected in 2023; • Site Plan and Architectural Review (SPAR) applications for various projects. Staff is currently processing several in the Central Rohnert Park (east of Highway 101) and Five Creek area (west of Highway 101); and • Other unanticipated entitlement applications. Because of this volume of work, staff is proposing to re-establish the Master Agreement and Task Order with De Novo Planning Group (“De Novo”). De Novo is a general planning, environmental, and urban design firm that can provide the City with staff augmentation support particularly as needed to manage new development. The proposed Task Order 2023-01 will provide for a wide range of staff augmentation support under this Master Agreement. This proposed Master Agreement and Task Order with De Novo is in alignment with Purchasing Policy Section 3.6.D which allows the City to engage professional services via a negotiated process. STRATEGIC PLAN ALIGNMENT: By establishing Master Agreements with consultants the staff will use consistently, the City is ensuring the effective delivery of public services and aligning with Goal C of the Strategic Plan. The staff will also be able to better assist major planned developments by utilizing these consultants, which aligns with Goal D of the Strategic Plan. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $135,000. The Master Agreement provides for $15,000 of work directly and the proposed Task Order would allow for up to $120,000 of work on an as-needed basis, depending on demand from development. The work would be funded primarily by developers through reimbursement agreements, although the consultant may be requested to perform small special projects (e.g. administrative permit reviews) that would be paid for by the Development Services operational budget. Development Services operational budget includes sufficient funding for consulting services, reflecting the Department’s reliance on outside consultant support to manage peak work flows from development. Department Head Approval Date: 01/10/2023 Finance Director Approval Date: 01/04/2023 ITEM NO. 6.H. 3 City Attorney Approval Date: 01/10/2023 City Manager Approval Date: 02/02/2023 Attachments: 1. Resolution Authorizing the City Manager to Execute a Master Agreement for Consultant Services and Task Order 2023-01 with De Novo Planning Group and related actions: a. Exhibit A - Master Agreement for Consultant Services b. Exhibit B – De Novo Planning Group Task Order 2023-01 RESOLUTION NO. 2023-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT FOR CONSULTANT SERVICES AND TASK ORDER 2023-01 WITH DE NOVO PLANNING GROUP AND RELATED ACTIONS WHEREAS; the City desires assistance from municipal planning, environmental and urban design firms, and specialty consulting firms; WHEREAS; staff hires consultants to supplement staffing, to provide replacement staffing, and to provide knowledge in areas where the staff requires additional expertise; WHEREAS, there is a need to call on outside consultants to assist in various private and public development projects for planning, environmental, and urban design and other services as needed; WHEREAS, De Novo Planning Group is a qualified local consultant providing a wide range of urban and environmental planning and staff augmentation services which will support the City’s work; and WHEREAS, the fee schedule for the City’s Development Services Department provides for full recovery of costs, including consultant support costs, from benefitting development interests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Master Agreement for Consultant Services (“Master Agreement”) and Task Order 2023-01 (“Task Order”) by and between De Novo Planning Group, a California corporation, and the City of Rohnert Park, a municipal corporation, for planning, environmental, urban design, and other services as needed for various private and public development projects. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this Master Agreement and Task Order for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit “A” and the Task Order attached hereto as Exhibit “B”, subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that upon receipt of developer reimbursements, the Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to cover the costs of the Master Agreement and Task Order. DULY AND REGULARLY ADOPTED this 14th day of February, 2023. A CITY OF ROHNERT PARK ____________________________________ Samantha Rodriguez, Mayor Resolution 2023-008 Page 2 of 2 ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A and B ELWARD: _________ GIUDICE: _________SANBORN: _________ HOLLINGSWORTH ADAMS: _________ RODRIGUEZ: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Page 1 of 17 OAK #4844-6469-8375 v105 MASTER AGREEMENT FOR CONSULTANT SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as of the 14th day of February, 2023, by and between the City of Rohnert Park ("City"), a California municipal corporation, and De Novo Planning Group ("Consultant"), a California corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain general city on-call planning and environmental review services; and WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The Planning Manager is hereby designated as the project manager (“Project Manager”). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign Beth Thompson, Principal to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”) executed by Consultant and City. Page 2 of 17 OAK #4844-6469-8375 v105 B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the co rrection and charge the cost thereof to Consultant. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order . City’s obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Payment. (1) Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover Page 3 of 17 OAK #4844-6469-8375 v105 only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until December 31, 2026, unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. Page 4 of 17 OAK #4844-6469-8375 v105 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest Requirements. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (1) will not have the power to make any governmental decision, including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of the City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or revoke any permit, license, application, certificate, order, or any similar authorization or entitlement; authorize, modify, or renew any form of City contract; grant approval to any City contract specifications on behalf of the City; or grant City approval for any plans, designs, reports, or similar; and (2) will not participate in the making of any governmental decision in the equivalent of a staff capacity — for the purposes of this provision, “participating in a governmental decision” including providing information, an opinion, or a recommendation directly to Page 5 of 17 OAK #4844-6469-8375 v105 any person at the City empowered to make a decision on behalf of the City without significant intervening substantive review; and (3) will not perform the same duties for the City that would otherwise be performed by a staff member required to report under the City’s conflict of interest code. (2 Cal. Code Regs. § 18700.3.) 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. To the maximum extent permitted by law, the City shall have no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this Page 6 of 17 OAK #4844-6469-8375 v105 agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant’s acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. Page 7 of 17 OAK #4844-6469-8375 v105 C. Prevailing Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Unless exempt by law, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent , which shall be in the City’s sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out th e provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant’s indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s risk manager. 17. Termination of Agreement; Default. Page 8 of 17 OAK #4844-6469-8375 v105 A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and ex penses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the Page 9 of 17 OAK #4844-6469-8375 v105 court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 If to Consultant: Beth Thompson De Novo Planning Group 1020 Suncast Lane, Suite 106 El Dorado Hills, CA 95762 24. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. Page 10 of 17 OAK #4844-6469-8375 v105 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant shall comply with claims presentation requirements under the Government Tort Claims Act, California Government Code Sections 900 et seq. and the Rohnert Park Municipal Code. 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements Page 11 of 17 OAK #4844-6469-8375 v105 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 34. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSULTANT By: __________________________________ City Manager By: Title: Date: Date: Per Resolution No. 2023-____adopted by the Rohnert Park City Council at its meeting of February 14, 2023. CONSULTANT By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk Exhibit A OAK #4844-6469-8375 v105 EXHIBIT A Scope of Work and Schedule of Performance On-call Planning and Environmental Review Services De Novo Planning Group’s on-call planning and environmental review services for the City of Rohnert Park will include planning assistance as requested by the City. De Novo’s tasks are anticipated to include, but are not limited to, the following: Planning Projects De Novo will coordinate the planning process for planning, environmental, economic development, affordabl e housing, and grant projects, as requested by the City. De Novo will prepare regular memos identifying the status of each project, will coordinate meetings and phone calls as necessary, and will work with City, project applicants, and outside agency staf f to ensure that each project stays on schedule. De Novo staff will be available for regular meetings or check -ins with the City to review the status of assigned projects. This could range from quick weekly check -in phone calls, to attendance at staff meetings, to copying the Planning Manager or other staff on email correspondence related to project assignments. De Novo will prepare accurate, clear, concise, and legally -defensible CEQA and NEPA documents, as assigned by the City. The De Novo team underst ands local, state, and federal requirements and court rulings relevant to planning and development. Council and Planning Commission Meetings For each project, De Novo’s assigned planner will attend City Council and Planning Commission meetings as requested by the City. The assigned planner will come to each meeting prepared to give a presentation describing the project, requested entitlements, and staff’s recommendation . De Novo staff will come to meetings prepared to answer questions related to the proj ect and environmental documentation. If questions arise prior to the meeting, information will be gathered and a response prepared to ensure that the decision-makers are comprehensively informed about any topic which they intend to discuss or act upon. De Novo project manager and planners will be available for meetings with City staff and decision -makers, when appropriate, to go over key aspects of projects. De Novo understands that its planners must exercise a balance of proactive and reactive participation, diligently attempting to provide all necessary information prior to the meeting, but also reacting during the meeting to unforeseen issues or questions with a calm and straightforward demeanor. [13] 1257802v1A 80078/0012 OAK #4844-6469-8375 v105 EXHIBIT B Compensation The hourly rates below apply to staff assigned to the City of Rohnert Park and any activities conducted on a retainer/consultant basis. De Novo provides services and expenses (printing, shipping, etc.) at cost. De Novo will bill its travel time and will not bill additional charges fo r mileage and travel expenses. POSITION/EXPENSE RATE Project Manager / Principal Planner (Beth Thompson, Ben Ritchie, Steve McMurtry) $175 Principal Planner $150 Senior Planner/Urban Designer $120 Associate Planner $105 - $115 Graphics/GIS Services $120 Administrative $85 Services and Expenses (printing, shipping, etc.) Actual cost Staff Communication/Technology Equipment (cell phones, fax, video conferencing, etc.) No charge Exhibit C OAK #4844-6469-8375 v105 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be Exhibit C OAK #4844-6469-8375 v105 provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used). Primary Coverage For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant Exhibit C OAK #4844-6469-8375 v105 must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. OAK #4844-6469-8375 v105 CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the __________________________________, and a duly authorized representative of the firm of _____________________________________, whose address is ______________________________________________________, and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. _________________ ___________________________________ Date Signature EXHIBIT “B” TO RESOLUTION NO. 2023-____ DE NOVO PLANNING GROUP TASK ORDER NO. 2023-01 CITY OF ROHNERT PARK AND DE NOVO PLANNING GROUP AUTHORIZATION TO PROVIDE URBAN AND ENVIRONMENTAL PLANNING AND STAFF AUGMENTATION SERVICES SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct De Novo Planning Group to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT FOR CONSULTANT SERVICES (“MASTER AGREEMENT”) between the City of Rohnert Park ("City") and De Novo Planning Group ("Consultant") hereto dated February 14, 2023. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B” – Fee Schedule for an amount not-to-exceed one hundred twenty thousand dollars ($120,000). SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2026, or as extended by the City Manager or the Director of Development Services. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for consultant services between City and Consultant are incorporated by reference. Approved this _______ day of February, 2023. CITY OF ROHNERT PARK DE NOVO PLANNING GROUP City Manager (_________, 2023) By: ____________________(_________, 2023) Per Resolution No. 2023-____ adopted by the (Print Name & Title) Rohnert Park City Council at its meeting of February 14, 2023. ATTEST: APPROVED AS TO FORM _______________________________________ City Clerk Michelle Marchetta Kenyon, City Attorney EXHIBIT A SCOPE OF SERVICES On-call Planning and Environmental Review Services De Novo Planning Group’s on-call planning and environmental review services for the City of Rohnert Park will include planning assistance as requested by the City. De Novo’s tasks are anticipated to include, but are not limited to, the following: Planning Projects De Novo will coordinate the planning process for planning, environmental, economic development, affordable housing, and grant projects, as requested by the City. De Novo will prepare regular memos identifying the status of each project, will coordinate meetings and phone calls as necessary, and will work with City, project applicants, and outside agency staff to ensure that each project stays on schedule. De Novo staff will be available for regular meetings or check -ins with the City to review the status of assigned projects. This could range from quick weekly check -in phone calls, to attendance at staff meetings, to copying the Planning Manager or other staff on email correspondence related to project assignments. De Novo will prepare accurate, clear, concise, and legally -defensible CEQA and NEPA documents, as assigned by the City. The De Novo team understands local, state, and federal requirements and court rulings relevant to planning and development. Council and Planning Commission Meetings For each project, De Novo’s assigned planner will attend City Council and Planning Commission meetings as requested by the City. The assigned planner will come to each meeting prepared to give a presentation describing the project, reque sted entitlements, and staff’s recommendation. De Novo staff will come to meetings prepared to answer questions related to the project and environmental documentation. If questions arise prior to the meeting, information will be gathered and a response p repared to ensure that the decision-makers are comprehensively informed about any topic which they intend to discuss or act upon. De Novo project manager and planners will be available for meetings with City staff and decision -makers, when appropriate, to go over key aspects of projects. De Novo understands that its planners must exercise a balance of proactive and reactive participation, diligently attempting to provide all necessary information prior to the meeting, but also reacting during the meeting to unforeseen issues or questions with a calm and straightforward demeanor. EXHIBIT B FEE SCHEDULE The hourly rates below apply to staff assigned to the City of Rohnert Park and any activities conducted on a retainer/consultant basis. De Novo provides services and expenses (printing, shipping, etc.) at cost. De Novo will bill its travel time and will not bill additional charges for mileage and travel expenses. POSITION/EXPENSE RATE Project Manager / Principal Planner (Beth Thompson, Ben Ritchie, Steve McMurtry) $175 Principal Planner $150 Senior Planner/Urban Designer $120 Associate Planner $105 - $115 Graphics/GIS Services $120 Administrative $85 Services and Expenses (printing, shipping, etc.) Actual cost Staff Communication/Technology Equipment (cell phones, fax, video conferencing, etc.) No charge ITEM NO. 6.I. 1 Meeting Date: February 14, 2023 Department: Public Works Submitted By: Vanessa Marin Garrett, Director of Public Works Prepared By: Jason Sampietro, Assistant Engineer Agenda Title: Authorize the City Manager to Execute Amendment No. 2 to Task Order 2020-14 with GHD, Inc. for Additional Services in the Amount of $4,343.46 for the Local Roadway Safety Plan Project, for a total Task Order amount of $126,406.46 (Project 2020-22) (CEQA Status: Exempt) RECOMMENDED ACTION: By Minute Order, authorize the City Manager or her designee to execute Amendment No.2 to Task Order 2020-14 with GHD, Inc. for additional services for the Local Roadway Safety Plan (LSRP) Project (Project 2020-22) in amount of $4,343.46, for a total Task Order amount of $126,406.46. BACKGROUND: The purpose of drafting an LRSP is to identify Rohnert Park’s roadway segments and intersections that have documented high-injury rates. In 2020, the City of Rohnert Park, along with six other jurisdictions in Sonoma County, received a $72,000 grant to perform Local Roadway Safety Plans. Together, all seven jurisdictions put out a Request for Qualifications (RFQ) to have one consultant create all seven LSRPs, and GHD, Inc. was chosen as the consultant for all jurisdictions. On January 11, 2022, by the city council, Task Order Amendment #1 was approved to broaden the LSRP’s scope of work in hopes of greater access to future grant funding. The scope included: • Sign retro-reflectivity policy and program review and recommendations, • Highway 101 Pedestrian Overcrossing feasibility study and plan review and add to the current LRSP, • Bike/pedestrian features at railroad crossings review and recommendations, • Priority Development Area, assessment and add to the current LRSP, and • Traffic signal interconnect assessment and add to the current LRSP. LSRPs are also now a required document to apply for federal Highway Safety Improvement Program (HSIP) grant programs throughout the State. The City has been successful in receiving HSIP Grant funds in the past and received $1.7 million from the last cycle of HSIP funding. ANALYSIS: The Task Order Amendment is in the amount of $4,343.46 for the additional work out of scope during the expansion of the City’s current LSRP. The additional work included additional meetings Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.I. (City Council and Bicycle and Pedestrian Advisory Committee), additional analysis of city projects for inclusion in the document, and preparing draft grant documents for future grant submittals. By adding the above components, the updated LRSP would help ensure the City’s chances of receiving grant funding. The total cost of the Task Order No. 2020-14, as amended by a previous Amendment No. 1 and this proposed Amendment No. 2, is $126,406.46. The City’s Purchasing Policy requires City Council approval on consultant contracts in excess of $100,000. ENVIRONMENTAL ANALYSIS: The additional scope of work is administrative tasks associated with the design of a Local Roadway Safety Plan. Approval of this Task Order Amendment No. 2 is exempt from CEQA pursuant to CEQA Guidelines section 15262, as it relates to the preparation of design documents for potential future action. STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal D (continue to develop a vibrant community). This project reviews and identifies the least safe roadway segments and intersections based off the latest collision data. Upon identification, safety countermeasures are recommended that will help improve safety for all that utilize Rohnert Park’s roadway network. OPTIONS CONSIDERED: 1. Option 1: Staff recommends authorizing Amendment No 2 to Task Order 2020-14 with GHD, Inc. for additional work that was out of their original scope. 2. Option 2: The City Council could not authorize Amendment No. 2 to Task Order 2020- 14 with GHD, Inc. This option is not recommended as an LRSP is required for future Caltrans HSIP grants and the City of Rohnert Park has proven to be successful in attaining such grants. FISCAL IMPACT/FUNDING SOURCE: The Local Roadway Safety Plan Project is funded through a combination of City’s infrastructure funding and Federal Grant funding, with a total budget of $155,000. The fiscal impact of authorizing the approval of Task Order Amendment No. 2 to GHD, Inc. Consultant contract is $4,343.46. Per grant requirements, the budgeted funds are appropriated as a mix of grant and local match funds. Sufficient budget remains to fund the proposed action within the approved budget. Department Head Approval Date: 01/24/2023 City Attorney Approval Date: 01/27/2023 Finance Director Approval Date: 01/27/2023 City Manager Approval Date: 01/30/2023 Attachments: 1. Addendum No. 2 to Task Order No. 2020-14 with GHD, Inc GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com December 7, 2022 Mr. Jason Sampietro Assistant Engineer 130 Avram Avenue City of Rohnert Park Rohnert Park, CA 94928 RE: Traffic Engineering Professional Services, City of Rohnert Park, Amendment to LRSP Dear Jason, As discussed, thank you for this opportunity to serve the city on its mission to create a safety Rohnert Park through the development of the Local Road Safety Plan. GHD is submitting this amendment to our initial proposal and subsequent amendment of professional traffic engineering services for the Local Road Safety Plan. While there were challenges, we worked collaboratively to create a plan and see that plan through City Council approval. As noted below there were some additional scope items that led to this final amendment request. Scope of Services In successfully completing the Local Roadway Safety Plan (LRSP) for Rohnert Park, there were additional services provided out of scope. These services consisted of the following: •Restructure of LRSP and collision analysis with map of priority locations citywide •Additional Coordination of City Projects for inclusion in the LRSP •In person BPAC meeting with slide deck and handouts •Additional in-person Council meeting for a total of 2 City Council meetings o This included preparing a slide deck and Technical Memorandum for public and City Council comments and their resolution. •LRSP Figures and coordination for grant application •Additional coordination with staff and project meetings Fee The time and materials fee for completing these professional services is $4,343.46. If you have any questions or comments regarding this proposal, please free to contact me at 707-540- 9019. Sincerely, GHD Frank Penry, PE, TE, PTOE Project Manager CC: Kathy Kleinschmidt, Assistant Project Manager Exhibit A & B ITEM NO. 6.J. 1 Meeting Date: February 14, 2023 Department: Administration Submitted By: Marcela Piedra, City Manager Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Authorize Mayor to Execute a Letter in Support of Sonoma Clean Power’s Department of Energy Grant Application, along with Cyrq and Calpine, for “Superheat Long-Duration Energy Storage: Sub 24-Hour” RECOMMENDED ACTION: Authorize Mayor to execute a letter in support of Sonoma Clean Power’s Department of Energy Grant Application, along with Cyrq and Calpine, for “Superheat Long-Duration Energy Storage: Sub 24- Hour.” BACKGROUND: Cyrq Energy (Cyrq) has developed a novel application of thermal storage technology to increase the flexibility, climate impact, and value of geothermal generation at the Geysers. Cyrq’s proposed system increases the capabilities of the Geysers with minimal impact to the environment. Enhancing the capability of the Geysers also has long-term financial and reliability benefits to the Sonoma Clean Power (SCP) community. Cyrq has proposed installing a demonstration project at a Geysers power plant in Sonoma County. To minimize the fiscal impact to the SCP ratepayers, Cyrq is pursuing grant funding through the Department of Energy’s Office of Clean Energy Demonstrations. SCP and Cyrq are also hoping to pursue anticipated grants from the California Energy Commission. According to City Council Protocols Section VII.A.3, “When appropriate, the Mayor shall make representations on behalf of the entire Council as provided at a council meeting, and will sign any letters representing the position of the full City Council.” At the request of Councilmember Elward, this item is being placed on this City Council Meeting Agenda to obtain Council authorization to execute a letter in support of Sonoma Clean Power’s Department of Energy Grant Application, along with Cyrq and Calpine, for “Superheat Long-Duration Energy Storage: Sub 24-Hour.” STRATEGIC PLAN ALIGNMENT: The recommended option is consistent with Strategic GOAL B: Achieve and maintain financial stability and GOAL C: Ensure the effective delivery of public services. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends following the course of action outlined in this report. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.J. 2 2. No other options were considered as these actions are initiated by previously established City Council protocols. FISCAL IMPACT/FUNDING SOURCE: N/A Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 2/8/2023 Attachments 1. Cyrq GeoZone Project Summary. 2. Draft Letter in support of Sonoma Clean Power’s Department of Energy Grant Application, along with Cyrq and Calpine, for “Superheat Long-Duration Energy Storage: Sub 24-Hour” GeoZone Long-Duration Thermal Energy Storage Demonstration Project Overview Cyrq Energy (Cyrq) has developed a novel application of thermal storage technology to increase the flexibility, climate impact, and value of geothermal generation at the Geysers. Existing generation at the Geysers uses saturated steam produced from deep geothermal wells to spin turbines that provide a steady around-the-clock output of electricity. To augment the beneficial capabilities of the Geysers, Cyrq has proposed installing thermal storage upstream of turbines to superheat the steam during high-need hours for the grid. Super-heating the steam enables the existing turbines to operate much more efficiently—as much as doubling their power output. Increasing the output of the Geysers during high-need hours allows geothermal resources to maximize their climate impact by displacing the least efficient gas peaker plants that otherwise provide power at that time. The thermal storage system is then reheated from grid electricity during solar hours when renewable generation is plentiful and emissions are negligeable. Geothermal Opportunity Zone (GeoZone) Cyrq’s proposal was selected as a finalist in Sonoma Clean Power (SCP)’s Geothermal Opportunity Zone (GeoZone) solicitation. SCP is the default public power provider for Sonoma and Mendocino counties. In 2021, SCP started the GeoZone initiative to reinvigorate development of local geothermal resources—with a goal of adding 500 MW of new capacity. The Counties of Sonoma and Mendocino both passed resolutions to join SCP in forming the GeoZone. SCP released a solicitation for proposals from the geothermal industry to expand local geothermal capacity through new technology and development. Proposals to SCP’s GeoZone solicitation were judged by a team including technical experts on the Geysers, a local permitting official, and a consultant to the Department of Energy’s Geothermal Technology Office. GeoZone finalists like Cyrq that develop new technologies and projects in the GeoZone that are compatible with community values, cost-effective, and scalable are offered a commitment from SCP to contract for power. SCP will also assist private partners with community engagement and policy advocacy. SCP expects to bring a cooperation agreement it has negotiated with Cyrq to its board for approval at its meeting on March 2nd, 2023. Cyrq’s thermal storage (1) will be installed upstream of turbines (2) at the Geysers to superheat the steam and increase output to the grid (3) during high-need hours with limited impact to cooling (4) and reinjection. Community Impact of Cyrq’s Thermal Energy Storage System Cyrq’s proposed system increases the capabilities of the Geysers with minimal impact to the environment. The thermal storage system has a negligeable surface footprint, includes no hazardous materials and no emissions, requires no drilling, and does not significantly impact the water requirements at the Geysers for cooling or reservoir recharge. Unlike lithium-ion battery storage, Cyrq’s storage system is completely comprised of equipment and materials that can be procured domestically. Installation and maintenance of Cyrq’s system will be a significant creator of jobs. Most of the subcomponents will be assembled on-site and require skilled labor. Cyrq’s GeoZone cooperation agreement includes a commitment to hire locally and focus on building local workforce capacity. Enhancing the capability of the Geysers also has long-term financial and reliability benefits to the community. Enabling the Geysers to increase revenues by outputting at hours with higher wholesale prices improves their economic viability—allowing them to extend their operational life, improve the business case for new expansion, and continue providing valuable tax revenue to the community. Increased flexibility also increases the ability to use local power sources to maintain electric service to local customers when the grid is stressed. Demonstration Project To validate the scalability and feasibility of its thermal storage system, Cyrq has proposed installing a 5 to 10 MW demonstration project at a Geysers power plant in Sonoma County. The project will be capable of storing as much as 20 hours of energy. Cyrq has assembled a multidiscipline team including SCP, the National Renewable Energy Laboratory, Calpine (the existing operator of the power plant), Babcock & Wilcox (a power technology company), and EthosEnergy (a turbine technology company) to design and deploy the demonstration project. The demonstration project will be more costly than deployment at-scale due to upfront engineering, cost uncertainty, and technology risks. To minimize the impact of funding the demonstration project to the SCP ratepayers that will contract for off-take from the system, Cyrq is pursuing grant funding. The Department of Energy’s Office of Clean Energy Demonstrations is accepting applications for non-lithium long-duration storage for which Cyrq’s technology is a great fit. SCP and Cyrq are also hoping to pursue anticipated grants from the California Energy Commission. If successful, Cyrq’s thermal storage system could be cost-effectively deployed at-scale at most Geysers units—potentially doubling the 750 MW of current capacity. Through the GeoZone initiative, SCP will be a primary customer of these commercial deployments. 130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248 www.rpcity.org City Council Samantha Rodriguez Mayor Susan Hollingsworth Adams Vice Mayor Jackie Elward Gerard Giudice Emily Sanborn Councilmembers ________________ Marcela Piedra City Manager Don Schwartz Assistant City Manager Michelle Marchetta Kenyon City Attorney Sergio Rudin Assistant City Attorney Cindy Bagley Director of Community Services Jamie Cannon Director of Human Resources Vanessa Garrett Director of Public Works Sylvia Lopez Cuevas City Clerk Tim Mattos Public Safety Director Mary Grace Pawson Director of Development Services Leo Tacata Finance Director February 15, 2023 CYRQ Energy Mr. Matthew Rosenfeld Executive Program Manager, Cyrq Energy, LLC Salt Lake City, Utah, United States Dear Mr. Rosenfeld, Re: Letter of Support for the Proposal, “Superheat Long-Duration Energy Storage: Sub 24-Hour” This letter of support is provided on behalf of the City of Rohnert Park, California. We are pleased to support this proposal in response to Topic Area 2: Non-Lithium-Based Energy Storage Systems, Area of Interest 2B: Front-of- Meter LDES Demonstrations (10-24 hours), of the Department of Energy (DOE) Office of Clean Energy Demonstrations, Bipartisan Infrastructure Law: Long- Duration Energy Storage Demonstrations, Funding Opportunity Announcement Notice DE-FOA-0002867. “Industrial Efficiency and Decarbonization FOA.” The City of Rohnert Park has been a member of Sonoma Clean Power (SCP) since 2015. In 2021, the City of Rohnert Park passed a resolution declaring a climate emergency and establishing climate action as a top priority for the city. The City of Rohnert Park is also a customer of SCP’s EverGreen service, which provides our city facilities with 24/7 100% renewable power from local resources, including geothermal from the Geysers. Cyrq Energy’s proposed demonstration project offers an opportunity for our region to play a key role in deploying technology that increases the flexibility and reliability of clean renewable power and is well aligned with Rohnert Park’s climate goals. The City of Rohnert Park strongly supports Cyrq Energy and SCP’s approach to proactively engage the community in project development. A stakeholder engagement session hosted last year by SCP was a key step in selecting Cyrq Energy’s proposal and allowed for early feedback on project design by labor groups, local governments, and environmental NGOs. A commitment from SCP and Cyrq Energy to continue prioritizing engagement will both improve project viability and maximize the economic and societal benefits to our local communities. DOE’s investment in long-duration energy storage, in conjunction with the diverse and experienced Cyrq Energy-led team, will identify and implement solutions to overcome technical and institutional barriers for full-scale deployment throughout a diverse set of regions. This work will be notably consistent with the vision articulated in the Justice40 initiative coordinating Page 2 of 2 Federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution. The team will engage resident and community leadership throughout the project to reach historically under-served populations and communities, as well as foster connectivity and conditions for growth in these areas. For any questions, please contact City Manager Marcela Piedra at 707-588-2223. Sincerely, Samantha Rodriguez Mayor, City of Rohnert Park, California ITEM NO. 6.K. 1 Meeting Date: February 14, 2023 Department Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Jenna Garcia, Housing Manager Agenda Title: Approving Second Amendment to the Master Agreement for Consultant Services with 4LEAF Inc., adding $15,000 for Preparation of the Housing Element Update for a revised total maximum compensation of $141,949 RECOMMENDED ACTION: By Minute Order, approve second amendment to the Master Agreement for Consultant Services with 4LEAF Inc., adding $15,000 for Preparation of the Housing Element Update for a revised total maximum compensation of $141,949. BACKGROUND & ANALYSIS: Per state law, the Rohnert Park City Council adopted a Housing Element Update covering the period of 2023-2031 at its January 24, 2023 meeting. This Housing Element Update brings the City of Rohnert Park into alignment with the sixth cycle regional housing needs allocation (RHNA) and makes the City eligible for funding related to housing and infrastructure. After adoption, the Housing Element Update and all supporting materials were submitted to the California Department of Housing and Community Development (HCD) for final review and certification. HCD has 60 days to review and provide final comments. Any minor or clerical edits required will be made by the City staff in partnership with the consulting team. If HCD requests more substantive edits, staff will bring back proposed changes to City Council for review and approval. The City’s consultant for the Housing Element preparation is 4LEAF, Inc. On November 9, 2021, the City Council approved a master agreement for $126,949 with 4LEAF, Inc. to prepare the Housing Element Update. On August 25, 2022, the City and 4LEAF entered into a first amendment to change the scope of work related to the CEQA Compliance Strategy task of the Rohnert Park Housing Element Update. The amendment added additional work related to environmental analysis, but did not change the total compensation. At this time, staff and the 4LEAF team have determined that the change in CEQA compliance strategy added some additional effort that was not balanced out by saving in effort in other areas. 4LEAF requires an additional $15,000 to be added to the contract budget to cover work completed to date and to allow for the 4LEAF team to support the City through the final HCD certification process. This action will bring the total maximum compensation with 4LEAF to $141,949. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.K. 2 STRATEGIC PLAN and COUNCIL PRIORITY ALIGNMENT: The Housing Element update supports Strategic Plan Goal D – Continue to Develop a Vibrant Community and City Council Strategic Priority “Attract housing at all levels.” OPTIONS CONSIDERED: None. The City is required by State law to complete a Housing Element Update every eight years. The recommended action is necessary to pay for the completion of the Housing Element Update preparation and certification process. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the recommended action is $141,949 with the proposed $15,000 contract amendment. The funding source is the General Plan Maintenance Fee – a fee charged to new development in order support the ongoing update and implementation of the City’s General Plan. Funds for the Housing Element preparation, including a contingency that can fund this proposed amendment, have been appropriated in the Fiscal Year 2022-2023 budget. Code Enforcement Approval Date: NA Department Head Approval Date: 01/30/2023 Finance Director Approval Date: 01/30/2023 City Attorney Approval Date: 01/31/2023 City Manager Approval Date: 02/02/2023 Attachments: 1. Second Amendment to the Master Agreement for Consultant Services with 4LEAF, Inc. for Preparation of the Housing Element Update ITEM NO. 7.A. 1 Meeting Date: February 14, 2023 Department: Administration Submitted By: Sylvia Lopez Cuevas, City Clerk Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Confirm Mayor Rodriguez' nomination of Aaron Zavala as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District for a Four-Year Term Expiring December 31, 2026 RECOMMENDED ACTIONS: Council consideration and confirmation of Mayor Rodriguez' nomination of Aaron Zavala as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District for a Four-Year Term Expiring December 31, 2026. BACKGROUND: The current term of Veronica Siwy, the City of Rohnert Park representative on the Marin/Sonoma Mosquito & Vector Control District Board of Trustees expired on December 31, 2022. Ms. Siwy did not seek reappointment. The City Clerk’s Office began recruitment to fill this vacancy on October 4, 2022. During the following weeks, the City Clerk distributed the vacancy and application information using social media and other channels available to the City. The City received one application from Tim Smith (see attachment 3). Mr. Smith’s application was reviewed by the Council at its January 10, 2023, City Council meeting. Council directed staff to continue recruiting applicants until January 24, 2023, and bring the applications back for consideration. It should be noted that at the request of Mr. Smith, his application expired at the conclusion of the January 10, 2023, City Council meeting. A vacancy notice was again posted on January 11, 2023, and two additional applications were received from Jake Mackenzie and Aaron Zavala (see attachment 3). Ideally, appointees should have experience, training, and education in fields that will assist in the governance of the District.1 The Council has the discretion to appoint a member for a term of two (2) or four (4) years. Mayor Rodriguez has reviewed the applications and is nominating Aaron Zavala as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District for a Four-Year Term Expiring December 31, 2026. Staff supports this recommended action. 1 Health and Safety Code Section 2022 (d) 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 2 STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Making appointments to City Committees, Commissions, and Boards supports the City’s values of communication and collaboration and Goal A “Practice Leadership at all Levels” as well as Goal D “Continue to Develop a Vibrant Community.” OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends appointing Aaron Zavala as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District for a Four-Year Term Expiring December 31, 2026 2. Alternative: Do not appoint a representative. This option is not recommended because the Marin/Sonoma Mosquito & Vector Control District will not have a member representing the City of Rohnert Park. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: Attachments: 1. City Council Protocol References 2. Applications received as of January 24, 2023. City Council Protocols Amended 3/22/2022 by Reso. No. 2022-036 Page 21 of 27 VIII.LIAISON ASSIGNMENTS The Mayor assigns liaisons to various outside agencies, committees, commissions, boards, and taskforces. 1. Unless acting in an official liaison capacity, individual Councilmembers should refrain from attending meetings organized or chaired by City staff which are not open to the public. 2. Liaisons are obligated to keep Council well informed on activities pertaining to Rohnert Park via the Council Committee and Other Reports at Council meetings. 3. City staff may serve as a liaison with the concurrence of the City Manager. IX.OUTSIDE AGENCY APPOINTMENTS The Mayor nominates and the City Council confirms by majority vote of the membership appointments to outside agencies, committees, commissions, boards, and taskforces. City Council Protocols Amended 3/22/2022 by Reso. No. 2022-036 Page 22 of 27 1.An appointee’s role is to represent the City on matters affecting the City of Rohnert Park. Appointees have no authority to appropriate City funds except as otherwise approved by the City Council. 2.Appointees are obligated to keep Council well informed via Council meetings or City staff. 3.Appointees are expected to attend meetings on a regular and consistent basis. 4.Each appointee serves at the pleasure of the City Council. Any City Councilmember may bring forward a proposal to remove an appointee. Three affirmative votes of the City Council are required to remove an appointee. 5.City staff may be appointed with the concurrence of the City Manager. X.COUNCIL COMMITTEES A.Purpose The City Council from time to time forms committees. These committees are formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing committees and in other instances these are ad hoc committees. In order for the committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by committees. B.Appointment Council committees will be appointed by the Mayor. Committee members will be promptly notified of their selection and the scope of the committee assignment. The Mayor will designate the term of the committee and identify whether it is a standing appointment (on-going) or a short-term (ad hoc) assignment. 1.Standing Committee is a committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council. 2.Ad Hoc Committee is a committee that has a specific purpose and limited duration, does not have a continuing subject matter jurisdiction, and does not have a meeting schedule that is fixed by the Council. C.Conflict of Interest Should an appointee to a committee discover a conflict of interest with his/her appointment to the committee, that discovery will be communicated to the Mayor immediately. D.Committee Meetings Council committee meetings will be scheduled at times which allow for each member to attend. Each member should make an effort to accommodate the committee meeting schedule. The schedule of committee meetings will be promptly communicated to each committee member. Individual committee City Council Protocols Amended 3/22/2022 by Reso. No. 2022-036 Page 23 of 27 members will not meet with other citizens or organizations during a fact finding process or other reason associated with the scope of the committee’s purpose without the knowledge of all committee members. E.Communications Committee members are obligated to keep all members well informed via the Council Committee and Other Reports at Council meetings, and will not purposely harbor or keep relevant information from other members. F.Committee Materials Meeting agendas will be compiled by staff for standing committees in accordance with requirements under the Brown Act. Committee materials will be provided to each committee member. These materials will be distributed to each committee member at the same time. Special arrangements may be made with committee members who are out of town when materials are distributed. G.Committee Recommendations Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, each member may submit his/her findings and recommendations separately to the City Council. H.Staffing Councilmembers assigned to committees will observe the City Council Protocols regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council. Aaron J. Zavala Volunteer Dynamic and innovative leader with experience driving effective change through collaboration, efficient allocation of resources, and careful evaluation of process. Exceptional communicator adept at engaging stakeholders with diverse interests and inspiring action on shared goals. Demonstrated ability to develop and implement strategic initiatives, with a penchant for managing multiple deadline-driven operations with tact and tenacity. Eager to learn and prioritize professional development while also helping others to achieve their goals. Areas of Expertise include: ▪ Strategic Planning & Forecasting ▪ Performance Management ▪ Capital Improvement ▪ Transportation Planning ▪ Relationship Building ▪ Project Management ▪ City Planning ▪ Urban Planning ▪ Process Improvement ▪ Diversity Advocate ▪ Problem Resolution ▪ Team Building Professional Experience • 12/2019 – Present A city of 60,000 residents located in the San Francisco Bay Area of California. SENIOR MANAGEMENT ANALYST – CITY MANAGER’S OFFICE Currently, I report directly to the City Manager. My position is a new position that was created to assist all departments. My major projects include, but are not limited to, our Fairgrounds Community Engagement, assisting with the reimagining process, and Community Policing and Diversity, Equity, and Inclusion efforts. SENIOR MANAGEMENT ANALYST – DEPARTMENT OF PUBLIC WORKS AND UTILITIES (12/2019 – 12/2021) Report directly to the Director of Public Works and Utilities assisting in budgeting and general management of the diverse department, ranging from Utilities to Transit to Airport and Marina. Key member of leadership team dur ing emergencies, serving as the back-up Liaison and Public Information Officers. CITY OF SAN BERNARDINO • San Bernardino, CA • 10/2017 – 12/2019 A city of 216,000 residents located in Inland Empire Area of California. ADMINISTRATIVE ANALYST II – OFFICE OF THE CITY MANAGER ADMINISTRATIVE ANALYST I (10/30/17 TO 2/28/19) Assist and spearhead special projects at the discretion of the City Manager. Ana lyze current recruitment systems to diversify and modernize the way the city recruits. Engaged in revamping the City internship program with local schools. Assist where needed in the auditing and budgeting of city departments, while managing the budget for the Office of the City Manager. Serve as the Grant and Legislative Coordinator. CITY OF MESQUITE • Mesquite, TX • 5/2016 – 10/2017 A city of 143,000 residents located in Dallas/Fort Worth Metropolitan Area of Texas. MANAGEMENT ANALYST – PUBLIC WORKS Collaborated with the Director of Public Works to identify organizational priorities and assist in managing eight divisions with over 250 full-time employees. Leveraged strong analytic skills in evaluating operations, developing performance management tools, and implementing change management when necessary. Work ed cross-functionally with other departments and leadership including attending all appropriate meetings and public hearings. COUNTY OF FRESNO • Fresno, CA • 2/2015 – 5/2015 A county with a population of 980,000 that is home to the fifth-largest city in California, Fresno. GRADUATE INTERN – SPECIAL DISTRICTS MANAGEMENT Organized and oversaw budget operations ranging from tens of thousands of dollars to over a million dollars for up to 128 special districts, collaborating with analysts from the Resource Division of Public Works and Planning Department . Managed capital projects in some districts, including performance monitoring and evaluation. Carefully analyzed a number of County Aaron J. Zavala Page Two of Two Service Areas’ infrastructure and revenue streams, and provided a thorough recommendation to senior leadership to inform decision-making. ~ PROFESSIONAL MEMBERSHIPS ~ International City/County Management Association (ICMA) • Affiliate Member • Graduate of ICMA’s Emerging Professionals Leadership Institute • Participating in Emerging Leaders Development Program • Fellow of ICMA’s Leadership Institute on Race, Equity, and Inclusion League of California Cities • Transportation, Communications, and Public Works Policy Committee Member – 2023 Local Government Hispanic Network (LGHN) • General Member Los Cien • Classico Member Municipal Management Association of Northern California (MMANC) • Board of Directors – 2021-2023 o Region 2 (North Bay/North Coast) Lead Co-Chair • 2022 MMANC Regional Professional Award Winner • Participating in Credentialed Government Leader Program Education & Training Executive Master of Urban Planning UNIVERSITY OF SOUTHERN CALIFORNIA | Los Angeles, CA | 2020 Master of Public Administration CALIFORNIA STATE UNIVERSITY, FRESNO | Fresno, CA | 2015 Certificate: Graduate Student Leadership Institute Bachelor of Arts – Political Science SONOMA STATE UNIVERSITY | Rohnert Park, CA | 2013 Professional Certificate in Local Government Management, International City/County Management Association University, 2016 Professional Certificate in Advanced Public Engagement for Local Government, Pepperdine University, 2021 ITEM NO. 7.B. 1 Meeting Date: February 14, 2022 Department Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Danielle Sorahan, Code Compliance Manager Agenda Title: Receive 2022 Annual Code Compliance Report and Discussion and Direction on Changes to Rohnert Park Municipal Code Title 1 RECOMMENDED ACTION: Receive the 2022 Annual Code Compliance Report and provide direction to staff on recommended changes to Rohnert Park Municipal Code (RPMC) Title 1. BACKGROUND: The Code Compliance Division has developed a practice of providing quarterly updates to the City Council on its activities. In July of 2022, the Division’s Senior Code Compliance Officer left the City and while the staff was able to provide Council with an update that included Code Compliance activities for the first and second quarters of 2022, third-quarter report was not provided. In November 2022, the Department hired Code Compliance Manager Danielle Sorahan. Ms. Sorahan is a native of the Bay Area who spent the last 15 years in the San Diego area working as a Code manager and supervisor. She brings a wealth of knowledge and experience and is an acting board member of the California Association of Code Enforcement Officers (CACEO), which provides training and accreditation for Code Enforcement Officers throughout the state. Since November, Ms. Sorahan has focused her activities on reviewing the Division’s policies and procedures and working with staff to reduce a backlog in cases. This report provides Council with an update on code compliance activities for calendar year 2022 with a focus on work that took place from July through December 2022. ANALYSIS: Code Compliance Activity: The Code Compliance Division went through numerous changes in 2022. In February, the division hired Mr. Jon Lowden as a Code Compliance Officer I to help address the City’s homeless issues. Mr. Lowden has extensive experience in enforcement and investigations and has done an excellent job spearheading our encampment abatements and shopping cart-retrieval program. As noted above after the July departure of Senior Code Compliance Officer Louis Kirk, the division hired a new Code Compliance Manager, Danielle Sorahan. During the 2022 calendar year, Code Compliance staff opened 1311 new cases and closed 1387 cases during the same period. The unit completed 2048 inspections and issued 451 violation 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 letters. Table 1 illustrates the division’s activity for 2022 and illustrates the emphasis that was placed on resolving and closing older cases in the City. Table 2 provides additional information on the types of cases that were opened in 2022. This data is illustrated graphically in Figure 1. The summary data clearly indicates that a major focus of the divisions work was associated with mitigating homelessness concerns. Table 1 – Summary of Code Compliance Division Activities for 2022 Existing Cases open on January 1, 2022 216 New Cases Opened in 2022 1310 Total Cases Closed in 2022 1387 Cases Open on January 2023 158 Total Inspections Completed 2048 Total Violation Notices Issued 451 Table 2 – New (2022) Cases by Type Administrative 16 Building 68 Business License 20 Graffiti 20 Health & Safety 19 Homeless Issues 225 Shopping Carts 481 Signage 17 Sidewalk Maintenance 17 Vehicle Abatement 14 Weed Abatement 69 Zoning 85 Property Maintenance 177 Miscellaneous 82 Total 1310 ITEM NO. 7.B. 3 Figure 1 – New (2022) Code Cases by Type Figure 2, highlights the change in code compliance activity since 2021, specifically the increase in Shopping Cart and Homeless cases, which accounted for 57% of the new cases. Property Maintenance, building cases, Nuisance, and Sign cases declined from the previous year to account for only 28% of new cases, compared with 2021, where the same accounted for 66% of new cases. Figure 2 – Comparison of Case Types 2021 to 2022 76 128 13 30 7 38 0 197 102 7 1 98 11 14 64 641668202014 225 1 178 80 481 17 17 5 14 69 84 0 100 200 300 400 500 600 Cases Open by Type 2021 vs 2022 2021 2022 ITEM NO. 7.B. 4 Figure 3 and Table 3 compare the annual statistics for open and closed cases starting in the year 2012 and running through 2022. The data demonstrates that case numbers are increasing year- over-year and that 2022 had by far the highest number of opened and closed cases. The data also illustrates that while historically, annual cases opened have exceeded annual cases closed, resulting in a “carry over” of backlogged cases, in 2021 and 2022, staff closed more cases than were opened, which has reduced the backlog of historic cases by over 100 cases. Figure 3 – Comparison of Open and Closed Casts from 2012 - 2022 0 200 400 600 800 1000 1200 1400 1600 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Comparison of Annual Open/Closed Cases from 2012-2022 New Closed ITEM NO. 7.B. 5 Table 3 – Comparison of Open and Closed Cases 2012-2022 Year New Closed 2012 596 602 2013 664 601 2014 652 634 2015 735 686 2016 675 613 2017 570 560 2018 774 691 2019 683 656 2020 477 372 2021 851 889 2022 1310 1387 Homeless Issues: Over the course of 2022, Code Compliance was a key part of the inter-departmental Homeless Task Force. As Council is aware, the visible population of homeless residents grew in early 2022 at both the Roberts Lake Park & Ride and within the Hinebaugh Creek corridor. At its peak, the population of the Roberts Lake encampment was estimated to be 130-140 individuals. Regulation and abatement of these sites by Code Compliance in 2022 included the issuance of notices for violations of building and fire codes, regular removals of trash and debris, removal and repatriation of shopping carts, and persistent, continuous contacts with, and outreach to, residents. Upon the passage of a new wellhead-protection ordinance on May 10, 2022, as well as amendments to the City’s Camping Ordinance and the opening of Labath Landing the City was able to begin a phased abatement of both creek-way and the Roberts Lake encampments. Seventy of the neediest and most vulnerable residents in the City’s encampments were provided with housing at Labath Landing and the new ordinances provided the legal authority for a massive, multi-week clean-up and the implementation of a site-management plan for a more orderly, rules-driven Roberts Lake encampment environment. As of this writing, the local creek areas most heavily impacted by homeless encampments have been completely cleared (with the exception of occasional violators), The current population of the Roberts Lake encampment is estimated to be 43 individuals and calls for service in the Roberts Lake Road and Rogers Plaza areas have been greatly reduced. Monitoring of these and other locations, with as-needed enforcement and abatement by Code Compliance, is ongoing. Shopping Cart Abatement: “Off-premises” shopping carts were a significant issue in Rohnert Park in 2022. A failure to perform by local retailers’ primary cart-recovery contractors (CarTrack, All American) caused ITEM NO. 7.B. 6 Code Compliance staff to take over the removal of shopping carts from City streets and other public areas in late February 2022. As the prospect of a performance improvement by these contractors is highly unlikely in the near-term, the development of revisions to the City’s Shopping Cart Retention and Retrieval Plan (SCRP) by Code Compliance is planned for 2023. Staff is evaluating options to increase City control of this issue and better monetize Code Compliance’s role in removing shopping carts from City streets and sidewalks. Clarifying the Code Enforcement Process – Direction Sought from Council: As noted above, the Code Compliance staff has been placing significant effort on working through the backlog of cases, reducing that backlog by over 100 cases in the past two years. Because of these efforts, staff has been working extensively with the processes outlined in Title 1 of the Rohnert Park Municipal Code (RPMC) and is recommending some changes that would streamline our processes and enhance clarity for both staff and the public. The recommendations fall into three categories: • general organization; • improvement to the administrative citation process and • improvement to the nuisance abatement process. General Organization: Code Enforcement has two processes tools for managing uncorrected violations. 1. The administrative citation process is described in RPMC Chapter 1.25 along with a variety of common nuisances. Under this process, property owners that do not correct nuisances may ultimately be subjected to fines. 2. The nuisance abatement process is described in RPMC Chapters 1.24 and 1.26. Under this process, the City can establish a right to correct the nuisance and recover its cost if the property owner is unwilling and/or unable to correct the nuisance in a reasonable time frame. The nuisance abatement process sections do not include a definition of nuisances. Staff uses the definitions included under the administrative citation process for the nuisance abatement process (further muddying the process), This somewhat disconnected order, with the administrative citation process nestled between the two code sections that describe the nuisance abatement process is confusing. Staff is recommending modifying the code to include the description of nuisances in one code section (likely a re-written section 1.24), the administrative citation process in second code section (likely a re-written 1.25) and the nuisance abatement process in third code section (likely a rewritten 1.26). This will make the process easier to follow by organizing the various process steps in their own code sections. Administrative Citation Process Improvement: Currently the Administrative Citation process includes a pre-citation, which provides property owners 30 days to comply and then a citation, which provides owners with another 10 to 30 days to comply, prior to the City taking enforcement action. This process means that a nuisance can linger for 40 to 60 days before staff can begin enforcement activity. While staff is sensitive to the fact that owners may need more time to comply with City requirements, staff believes that the best way to achieve this goal is to allow the owners to request extensions for good cause. Because of this staff is recommending that the administrative citation process be revised to remove the pre- citation process. This will streamline the enforcement process while still providing the ITEM NO. 7.B. 7 opportunity to extend compliance dates for owners that are working in good faith with the City. Abatement Process Improvement: Like the administrative citation process, the nuisance abatement process includes a preliminary notice and a notice of violation, which effectively allows nuisances to linger for 40 to 60 days before action can be taken. Again, staff is recommending that the process be streamlined to include only the notice of violation, with the flexibility to craft compliance schedules for owners that are working with the City. While the administrative citation process allows property owners to request a hearing with an impartial hearing officer, the abatement process requires this hearing in all cases, regardless of property owner request. Staff is proposing to streamline the abatement process to match the administrative citation process, hearings would be available upon request but not required. If the City Council concurs with staff’s recommendations, we will work with the City Attorney’s office to bring forward an ordinance that would implement these recommendations. ENVIRONMENTAL ANALYSIS: This informational update is not a project and not subject to review under the California Environmental Quality Act. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Two of the goals of the City’s Strategic Plan are to “Ensure the effective delivery of public services,” and to “Continue to develop a vibrant community.” Included in the strategies of these two goals are the aims to promote the delivery of high-quality, cost-effective services; promote neighborhood improvement; and provide for programs that support the community. In support of these goals, staff submits this report. OPTIONS CONSIDERED: None. This item is informational. FISCAL IMPACT/FUNDING SOURCE: There are no fiscal impacts associated with receiving this report. Code Compliance Approval Date: NA Department Head Approval Date: 01/30/2023 Finance Approval Date: NA Human Resources Approval Date: NA City Attorney Approval Date: 02/08/2023 City Manager Approval Date: 02/08/2023 Mary Grace Pawson, Development Services Director Danielle Sorahan, Code Compliance Manager 1 2022 Annual Report ◦Staff Updates ◦Case Load Update Discussion & Direction on Changes to RPMC Title 1 2 Code Compliance Officer Jon Lowden started in February ◦Focus on homelessness program Senior Code Compliance Officer left City in July ◦Consultant staff provided support ◦Focus has been reducing case backlog 3 Added Code Compliance Manager Danielle Sorahan in November 4 5 : 0 200 400 600 800 1000 1200 1400 1600 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Comparison of Annual Open/Closed Cases from 2012-2022 New Closed 6 76 128 13 30 7 38 0 197 102 7 1 98 11 14 64 64 16 68 20 20 14 225 1 178 80 481 17 17 5 14 69 84 0 100 200 300 400 500 600 Cases Open by Type 2021 vs 2022 2021 2022 Year New Closed Annual Carry Over 2012 596 602 (6) 2013 664 601 63 2014 652 634 18 2015 735 686 49 2016 675 613 62 2017 570 560 10 2018 774 691 83 2019 683 656 27 2020 477 372 105 2021 851 889 (38) 2022 1310 1387 (77) 7 Homelessness Issues Drove Program Focus ◦Labath Landing & Roberts Lake Safe Sleeping Program support code compliance Muni Code Organization Impeded Progress on Routine Cases ◦Staff struggles to apply and explain the process Both the Administrative Citation Process and the Nuisance Abatement Process Could be Streamlined ◦Would result in more rapid case closure 8 Result –hard to follow and explain Result –transparent and easier to explain Current Code Organization ◦1.24 Nuisance Abatement (definition of nuisance & abatement process) ◦1.25 Administrative Citation Process (relies on 1.24 for definitions but not process) ◦1.26 Administrative Hearings (some conflicts with 1.25) Proposed Code Organization ◦1.XX Nuisances Defined ◦1.XX –Administrative Citation Process ◦1.XX –Nuisance Abatement Process ◦1.XX –Administrative Hearing Process 9 Current Chapter 1.25 and 1.26 Administrative Citation 10 Reduce warning period for minor issues Current Chapter 1.24 and 1.26 Abatement Process 11 Do not require Preliminary Notice if proceeded by Administrative Citation Process Continue efforts to reduce case backlog Draft approved revisions to RPMC Title 1 Return to City Council with ordinance to update RPMC Title 1 12 13 Thank you ITEM NO. 7.C. 1 Meeting Date: February 14, 2023 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Emily Quig, Homeless Services Coordinator & Jenna Garcia, Housing Manager Agenda Title: Update on the Program at Roberts Lake Park & Ride and Authorization of Agreements with D Block Security in the Amount of $307,055 and Recology Inc. in the Amount of $120,000 RECOMMENDED ACTION: Receive an update on the Program at Roberts Lake Park & Ride and by minute order, authorize the City Manager to execute: 1. An amendment to the agreement with D Block Security for security services at the program in the amount of $307,055; and 2. A side letter with Recology Inc for trash and sanitation services at the program with a budgeted amount of up to $120,000 for this fiscal year. BACKGROUND: Homelessness is a long-standing, complex and challenging issue for public agencies in California. The City has developed a comprehensive response to homelessness in the City that combines services and enforcement. As part of this comprehensive response, the City has secured a state grant to construct and operate a 60-unit interim housing facility (Labath Landing), which opened October 24, 2022. The City has also updated its camping ordinance to be enforceable under current state and federal law. With this combination of tools, staff adopted a formal management plan for the Roberts Lake Park and Ride and reorganized the large encampment as a “safe sleeping program” with defined rules for behavior within the encampment. In addition to providing much better control within the encampment, the “safe sleeping program” designation allows the City to utilize the provisions of its camping ordinance that prohibit unauthorized camping within “1,000 feet of a facility that provides shelter, safe sleeping or safe parking to homeless persons.” This provision helps ensure that that an unregulated encampment cannot become immediately established in the vicinity of the regulated encampment in the Robert’s Lake Park and Ride. Following the language of the camping ordinance, the program established at the Roberts Lake Park & Ride is referred to in this staff report as the “Roberts Lake Safe Sleeping Program” or “Program.” To provide operational and supportive services for the Program, and after a qualifications-based selection process, the City entered into an agreement with HomeFirst of Santa Clara County Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.C. 2 (HomeFirst) starting on November 8, 2022. HomeFirst’s agreement covers services through Fiscal Year 2022-23. To provide security for the Program, and after a qualifications-based selection process, the City entered into an initial agreement with DBlock Security for $100,000 to provide 24/7 security for the Program starting on October 11, 2022. On October 25, the City Council approved the City Manager to enter into a second agreement in the amount of $496,878 for 3-4 months of continued security services. The City’s franchise garbage hauler, Recology Inc., has been providing trash and sanitation services for the Program and has reached the limit of what it can provide under the existing agreement. On December 13, 2022, the City Council approved a budget amendment that fully funds the City’s homeless services programs, including the safe sleeping program, through Fiscal Year 2022-2023. This staff report provides an update on the Safe Sleeping Program and seeks City Council approval of modifications to the agreements with D Block and Recology that will allow security and sanitation services to be provided through the end of Fiscal Year 2022-23. The cost of the services will be fully covered by the previously approved budget amendment. ANALYSIS: Roberts Lake Safe Sleeping Program Update. On October 11, 2022 and in anticipation of the opening of the Labath Landing Project, the City instituted a formal roster for the large, established encampment at Roberts Lake Park and Ride. At the same time, the City installed security at the encampment to ensure that individuals not on the official roster would not be able to establish themselves in the encampment. The initial formal roster included 130 individuals. On October 24, 2022, the City opened the Labath Landing Project and enrolled 70 individuals experiencing chronic homeless in Rohnert Park. Initial enrollees were screened and prioritized using criteria developed by City staff and approved by the state Department of Housing and Community Development (HCD), which is providing grant funding for the construction and operation of Labath Landing. The screening criteria prioritized the most vulnerable individuals in Rohnert Park and included 50 individuals from the Roberts Lake Park and Ride encampment. The remaining enrollees were from other areas of Rohnert Park, including a number of individuals from encampments located along Hinebaugh Creek. Simultaneously, staff put in place an encampment management program at the Roberts Lake Park and Ride which included City-provided tents, platforms and cots together with supportive services and ongoing security, trash and sanitation services. All remaining residents of the Roberts Lake encampment were offered the opportunity to enroll in the Safe Sleeping Program. Sixty-eight (68) individuals elected to enroll in the Program. The remainder of the original 130 individuals on the original roster, that did not relocate to Labath Landing, chose to relocate outside of the Roberts Lake area. The Program roster was closed at 68 individuals in November and the City is not accepting new residents in the Program. Since November, staff has been working with service provider HomeFirst and security provider D Block to manage, among other things, the Program roster. As of this writing, there are an estimated 45 individuals enrolled in the Program. Of the 23 individuals that have exited since early November, a total of six individuals (approximately two per month) have relocated to housing or shelter: two moved into interim housing, one moved into permanent housing, two entered long-term residential substance abuse treatment programs, and one entered a long-term ITEM NO. 7.C. 4 Future Plans for the Safe Sleeping Program. As discussed above, the City’s intent in establishing the Safe Sleeping Program is to manage the Program to closure. Initial data from the Program does illustrate that Program enrollees can transition to more permanent housing arrangements. Although long-term, permanent supportive housing programs are still limited and desperately needed in the County, the availability of Labath Landing and the City’s Master Lease and Rapid Rehousing programs combine to provide an “exit strategy” for program enrollees that staff will continue to leverage. Staff anticipates that the Safe Sleeping Program will need to continue through Fiscal Year 2023- 24 and into Fiscal Year 2024-25. The total cost of the program for Fiscal Year 2022-23 is anticipated to be approximately $2 million including all service contracts (HomeFirst, DBlock, Recology, etc.) and the proposed amendments as well as start-up costs. The majority of this funding for this Fiscal Year comes from the Workforce Housing and Neighborhood Upgrade Fund, the Rohnert Park Foundation, General Funds and a one-time Tribal Charity contribution from the Federated Indians of Graton Rancheria. Because of the focused efforts at Labath Landing and the Safe Sleeping Program, staff is seeing a reduction in the cost of other homeless outreach service contracts, which is helpful in ensuring that City resources are properly allocated to the most effective program elements. Staff is actively working to secure grant funding though the state’s Encampment Resolution Fund program, which has provided substantial funding to the City of Petaluma for similar homelessness program activities. Staff will be submitting an application for financial assistance from the State’s Encampment Resolution Fund Grant in early March. This grant program does not have cap on funding requests. If awarded, these funds are anticipated to be available to help offset costs in Fiscal Year 2023-24. Staff will be bringing more detailed information to City Council as part of the budget workshops. Amended Agreement for Security Services. In September 2022, staff solicited letters of interest from homeless service providers and security companies to operate the Safe Sleeping Program. Two security companies and two service providers responded. Staff conducted interviews with the respondents and scored their responses based on their: (1) experience working with individuals experiencing homelessness, (2) staff training program, (3) ability to add staff capacity quickly, (4) commitment to collaborating effectively with City departments and partners, (5) ability to track and report data, meet deadlines and operate with a high degree of professionalism, and (6) letter of interest completeness. Of the security companies that submitted letters of interest, D Block scored the highest based on all the scoring factors listed above. In October 2022, the City entered into an agreement with D Block for $100,000 to provide 24/7 security in the camp starting on October 11, 2022. The agreement provided sufficient funds for approximately 15 days of operation at a staffing level of 4 guards for day shift, 5 guards for swing shift and 6 guards overnight. Later in October, City Council approved a second agreement for $496,878 to continue the same level of 24/7 security services for an additional 3 months or so. The proposed amendment to the agreement with D Block would provide sufficient funding for security services through the end of Fiscal Year 22-23 at an additional cost of $307,055. This assumes reduced staffing level of 3 guards for day shift, 4 guards for swing shift and 4 guards overnight. The need for security has decreased, and will continue to do so, as the population of the camp decreases. The addition of HomeFirst as site manager and service provider also ITEM NO. 7.C. 5 contributes to the decreased need for security. To be responsive to the changing security needs, the agreement includes a provision that allows staff to change the security staffing levels at any time with at least 5 business days’ notice. If security is no longer required at all, the City can terminate the contract on 5 days’ notice. In the proposed agreement, D Block will continue to provide trained and certified security personnel to conduct security check-ins and patrol the camp 24 hours per day. D Block’s required duties include: • Frequent foot patrols of the entire site, providing a visible presence to discourage vandalism, unauthorized entry, and personal threats between residents, staff, and community members. Encouraging the "good neighbor" philosophy within the site and surrounding neighbors. • Making scheduled and unscheduled rounds within the site, ensuring general order and safety. • Notifying appropriate law enforcement immediately of serious offenses. • Interfacing immediately with law enforcement and being a good witness. • Operating check-in centers for residents and visitors at both entrances, and providing logs to City staff. • Drafting and sharing shift logs and incident reports with City staff. The proposed action is in alignment with the Purchasing Policy which allows the City to engage professional services via a qualifications-based selection process with negotiated scopes and fees. Side Letter with Recology Inc.: Recology Inc, the City’s franchise refuse service provider, has been providing trash pick-up and portable toilet and hand washing station services to the Roberts Lake encampment for approximately one year. When the City reorganized the encampment and established a management strategy, the level of trash and sanitation services was increased to support the encampment residents and the staff from HomeFirst and D Block. As noted above, the budget amendment approved in December anticipated that this increased level of service would carry some increased costs and factored in the need to compensate Recology. Utilizing the terms of the Franchise Agreement, which was secured through a public bidding process, staff has established a monthly rate in a Side Agreement to the Franchise Agreement (Side Agreement) that is reasonable and adjustable for additional services rendered at the Safe Sleeping Program. The services covered by this side letter include: • $60,780.40 for sanitation services ($10,130.90 per month) • $59,219.60 in contingency for damages and returns of toilets/ handwashing stations to be used if needed. These services can be reduced with a reasonable amount of notice to Recology, giving the City the flexibility to reduce costs as the population enrolled in the Safe Sleeping Program is reduced over time. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The proposed action is consistent with City Council Strategic Priority “Services for Unhoused People,” and responds to City Council direction and expressed community concern. ITEM NO. 7.C. 6 OPTIONS CONSIDERED: • Option 1 (Recommended): Approve the proposed amendment and side letter to continue provision of 24/7 security and trash and sanitation services for the Safe Sleeping Program through June 30, 2023. This action is consistent with Council direction, can be funded with available budget appropriations and is essential to promote public health and safety in and around the camp and to ultimately resolve the camp. • Option 2 (Not Recommended): Do not approve the amendments and direct staff to remove security and sanitation services from the Safe Sleeping Program. This is not recommended because it almost certainly result in the camp growing again and an increase in public health and safety concerns in and around the camp. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $307,055 for continued security services at the Roberts Lake Safe Sleeping Program and $120,000 for continued services from Recology Inc. The City Council has already appropriated sufficient funds for the requested action. Both amendments were anticipated in the December 13, 2022 budget amendment approved by City Council and can be funded from the Development Services and Public Works Homelessness Budget Units. As noted under the “Future Plans for Safe Sleeping Program” section above, many of the operational costs for the Safe Sleeping Program are expected to continue into the next fiscal year. Staff is actively working to secure grant funding to help offset costs in Fiscal Year 2023-24 and will bring more detailed information to City Council as part of the budget workshops. Code Compliance Approval: N/A Department Head Approval Date: 02/01/2023 City Attorney Approval Date: 02/03/2023 Finance Director Approval Date: 02/02/2023 City Manager Approval Date: 02/08/2023 Attachments: 1. First Amendment to the Agreement with DBlock Security for Security Services 2. Side Letter with Recology Inc for Trash and Sanitation Services From:Denise DBS To:Garcia Jenna Cc:Fred Pena Subject:Re: Please Review: Correction to DBlock Security Contract 1st Amendment Date:Thursday, February 9, 2023 11:49 08 AM Attachments:image001.png image002.png EXTERNAL EMAIL Yes I approve Denise Little Director of Security Operations Defense Block Security 707-843-7194 (office number) 9238 Old Redwood Hwy suite 202 Windsor Ca 95492 On Thu, Feb 9, 2023 at 10:51 AM Garcia, Jenna <jgarcia@rpcity org> wrote: Hi Fred and Denise, We discovered a typo in the 1st Amendment to the Rohnert Park DBlock Security Contract after receiving your signed copy The total compensation after this amendment will be $803,933 This number is listed correctly in the paratheses, but was written out incorrectly I have hand-written in the correction to the original signed version you provided yesterday, a scan of which is attached to this email A snippet of this correction is also included below Can you please review and confirm in an email response to me that you have reviewed and approve this correction? This email will be printed and attached to the amendment photo Jenna Garcia Housing Manager Pronouns: she/her/hers 130 Avram Ave, Rohnert Park CA 94928 P: 707-588-2233 |www rpcity org Update on Program at Roberts Lake Park & Ride JENNA GARCIA, HOUSING MANAGER FEBRUARY 14, 2023 1 Overview 1.Provide an update on the Program established at Roberts Lake Park & Ride 2.Approve contracts with DBlock Security and Recology for ongoing services Note: funds for these contracts have already been appropriated. 2 Background ▪City has developed comprehensive response to homelessness ▪Labath Landing opened Oct 24, 2022 ▪City updated camping ordinance in Sept 2022 ▪Nov 2022: City reorganized Roberts Lake Park & Ride ▪Dec 2022: Council appropriated remaining funds needed for program in FY 22-23 3 4 Encampments on Public Property In / Around Roberts Lake Park & Ride 5 From Unmanaged Camp… 6 … To “Safe Sleeping Program” 7 130 68 45 0 20 40 60 80 100 120 140 Oct 11, 2022 Nov 30, 2022 Feb 10, 2023 Roberts Lake Roster Roster 8 192 163 113 86 SEP 2022 OCT 2022 NOV 2022 DEC 2022 Roberts Lake and Rogers Plaza Public Safety Calls for Service Calls for Service 9 Future Plans ▪Actively working to manage program to closure ▪City-funded program provide throughput, but more permanent supportive housing is needed ▪Program funded for FY 22-23 –approximately $2 million ▪Includes all service contracts and start-up costs ▪Funds needed for upcoming fiscal year(s) ▪Staff working to secure grant funding through State’s Encampment Resolution Fund program 10 DBlock Amendment ▪DBlock began in Roberts Lake Park & Ride on October 11, 2022 ▪As Roberts Lake shrinks, security staffing has been reduced ▪Amendment to cover security cost to remainder of FY 22-23: $307,055 ▪This amendment was contemplated in Dec 13 appropriation; there are sufficient funds budgeted 11 Recology Amendment ▪Recology has been providing trash pick-ups and portable toilets / hand-washing stations for about a year ▪When Roberts Lake was reorganized, need increased ▪Amendment to cover Recology cost for remainder of FY 22-23: $120,000 ▪This amendment was contemplated in Dec 13 appropriation; there are sufficient funds budgeted 12 Recommendation Approve amendments to DBlock and Recology contracts to continue security and sanitization services to the Roberts Lake Safe Sleeping Program. 13 Questions? 14 From: To:Public Comment Cc:CityClerk Subject:Feb 14, 2023 CC Agenda Item 7.c : Roberts Lake Park & Ride and Authorize an Amendment to the Agreement with D Block Security for Security Services Date:Tuesday, February 14, 2023 12:37:35 PM Attachments:2023. Fix Street Drug Crisis.pdf EXTERNAL EMAIL Greetings, Please provide the attached as an advanced comment for the record for agenda Item 7.c Respectfully Submitted, Tom Levin M-Section Resident District #2