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2023/09/26 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, September 26, 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. 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 within which the decision may be challenged to the 90th day following the date that the decision 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Elward_____Giudice_____Sanborn______Hollingsworth Adams______Rodriguez_____) 2.READING OF THE LAND ACKNOWLEDGMENT The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards of the land. Let it be acknowledged that the City of Rohnert Park is located within the traditional homelands of the Federated Indians of Graton Rancheria, comprised of Coast Miwok and Southern Pomo peoples. 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS 4.A Mayor's Proclamation: Proclaiming October 2023 as Filipino American History Month in the City of Rohnert Park. Item 4.A. 4.B Mayor's Proclamation: Proclaiming October 9, 2023 as Indigenous Peoples' Day Item 4.B. 4.C Introduction of Allison Mattioli, Management Analyst II - Public Information, and Kevin King, Senior Analyst - Economic Development 5.SSU STUDENT REPORT 5.A By Taylor Frickman, Senator of External Affairs, Sonoma State University Associated Students, Inc. (SSU ASI) Item 5 Supplemental 6.DEPARTMENT HEAD BRIEFINGS 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 the following strategic priorities for 2023-2024 (listed below in no particular order): 1.Progress on Downtown 6.Police/Community Relations and Accountability 2.Financial Health 7.Housing for All 3.Infrastructure, Maintenance and Beautification 8.Attract and Retain Staff 4.Provide Equitable Services to All 9.Memorable Community Experiences 5.Complete General Plan and Integrate Climate Change 6.A Scooter Safety Presentation by Director of Public Safety Mattos Item 6.A. PowerPoint Presentation 6.B Community Services Special Events Update by Director of Community Services Bagley: Halloween Carnival with Día de los Muertos Celebration and The Haunt: Brew and Scare Fest Item 6.B. Revised 7.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. 8.CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. Council Motion/Vote: (Elward_____Giudice_____Sanborn______Hollingsworth Adams______Rodriguez_____) 8.A Acceptance of Reports from Finance Department: City Bills/Demands for Payment dated August 26 through September 13 2023 8.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Special and Regular Meeting, September 12, 2023 Item 8.B. 8.C By Minute Order, Authorize the City Manager to Consent to and Execute Assignment and Assumption Agreements for Sonoma Mountain Village Planned Development (SOMO) Item 8.C. 8.D Authorize the City Manager or Designee to Enter a Professional Services Agreement with Cloverdale Tow for Evidence Impound Tow and Storage Services for a Period of Three (3) Years Item 8.D. 8.E Adopt Resolution 2023-073 Authorizing and Approving an Agreement with Credo High School For Non-Exclusive Use of City Facilities and Sports Fields Item 8.E. 9.REGULAR ITEMS 9.A Receive an Update on the Progress in 2023-2024 City Council Focus Areas A. Staff Report B. Public Comments C. Council Discussion/Direction Item 9.A. Item 9.A. PowerPoint Presentation 10.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. 10.A Standing Committees: 10.B Liaison Assignments: 1. Rohnert Park Chamber of Commerce Board of Directors Meeting (9/19) Rodriguez/Sanborn 2. Rohnert Park-Cotati Regional Library Advisory Board (9/19) Hollingsworth Adams/Elward 10.C Outside Agency Appointments: 1. Mayors and Council Members' Association of Sonoma County Legislative Committee (9/15) Rodriguez 2. Zero Waste Sonoma (9/21) Sanborn 10.D Other: 1. Golden Gate Bridge, Highway & Transportation District Board of Directors Meeting (9/21 & 9/22) - Giudice 2. League of California Cities Annual Conference and Expo (9/20 to 9/22) - All 3. League of California Cities North Division Election and Installation Luncheon (9/20) - Rodriguez 11.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. 12.ADDING AGENDA ITEMS TO A FUTURE CITY COUNCIL MEETING AGENDA At this time, any Councilmember may request the City Manager or Designee to add an item to a future agenda. Pursuant to the City Council Protocols, a concurrence of two Councilmembers is needed for the City Manager to consider the request. In accordance with the Brown Act, Councilmembers may only discuss whether the item should be placed on a subsequent agenda for deliberation and action. The City Manager will be responsible for placement of requested items on the agenda after evaluation of all requests for, among other things, time-sensitivity, and number of items already agendized. 13.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. 14.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 A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK Proclaiming O CTOBER 2023 AS F ILIPINO A MERICAN H ISTORY M ONTH Whereas, Filipino Americans make up one of the largest Asian American ethnic groups in the United States; and Whereas, the month of October is an appropriate time to promote and reflect on Philippine history and culture to provide all Americans with the opportunity to hear about and appreciate the contributions of Filipino Americans; and Whereas, the heritage of the Filipino people enriches our own culture, and we welcome the history, culture, and contributions of the Filipino American community in the City of Rohnert Park; and Whereas, the Filipino American community have made contributions to the fields of teaching, business, government, agriculture, medicine and other sciences, humanities, and the United States Armed Forces; and Whereas, the Filipino American community continues to accomplish its goal to foster understanding through the development, promotion, and preservation of Philippine values, culture, and tradition; and Whereas, we recognize how Filipino Americans have initiated efforts to ensure Filipino voices are heard, experiences are recognized, and histories are told. Now, Therefore, be it Proclaimed that I, Samantha Rodriguez, as Mayor and on behalf of the City Council, do hereby proclaim October 2023 as Filipino American History Month. I encourage everyone to recognize and celebrate the vital role our Filipino population has played in in our Nation’s history, as well as their outstanding achievements today and in the future. Duly and Regularly Proclaimed on this 26th day of September 2023. CITY OF ROHNERT PARK Samantha Rodriguez, MAYOR Item 4.A. A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK Proclaiming O CTOBER 9, 2023 AS I NDIGENOUS P EOPLES’ D AY Whereas, in 1977, the idea of Indigenous Peoples’ Day was first proposed by a delegation of Native nations to the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas; and Whereas, the United States endorsed the United Declarations on the Rights of Indigenous People on December 19, 2020; and Whereas, this day gives us an opportunity to honor, celebrate and learn more about Indigenous People and their contributions towards our City’s development and progress; and Whereas, our City has enjoyed a positive relationship with the Indigenous People of Rohnert Park and Sonoma County and continues to grow in our shared progress; we honor and respect their heritage and the many cultural and economic contributions of our local Tribes; and Whereas, the City of Rohnert Park values the many contributions made to our community by the Indigenous People of Rohnert Park that have helped shape the character of our city. Now, Therefore, be it Proclaimed that I, Samantha Rodriguez, as Mayor and on behalf of the City Council, do hereby proclaim October 9, 2023, as Indigenous Peoples’ Day in the City of Rohnert Park. I encourage everyone to honor and spend time learning about the rich histories, traditions, and contributions of the diverse tribal communities including those of the Federated Indians of Graton Rancheria. Duly and Regularly Proclaimed on this 26th day of September 2023. CITY OF ROHNERT PARK Samantha Rodriguez, MAYOR Item 4.B. 1 Taylor Raye Frickman Senator of Government Affairs Sonoma State University 26 September 2023 September City Council Sonoma State University Report I am Taylor Frickman and I serve as the Senator of Government Affairs on the Board of Directors for Associated Students at Sonoma State University. As of right now, our student enrollment is now at 5,867 students. Campus is now more lively than ever and students are beyond excited to be back at Sonoma State. Our university has been recognized as having the highest two-year transfer graduation rate in the California State University system. We are also in the top 5 for the four-year graduation rate. Another remarkable accomplishment is that our campus has been able to bring the achievement gap to nearly 0%, while the California State University system has an average of 12%. President Mike Lee has informed the students that the main priorities for our campus this year will be increasing enrollment, balancing the budget, electricity, water, and infrastructure. In regards to a recent CSU system-wide decision, the Board of Trustees approved the tuition increase of 6% every year, for the next 5 years. The Board of Directors for Associated Students approved a resolution in opposition of the CSU tuition increase. After discussions with the President, he has reassured our Seawolves that every dollar gained from the tuition increase will go back to the students. Item 5 Supplemental 2 As for some recent updates in Student Affairs,there have been several changes for the Fall.We now have a confidential advocate on campus and they have started to take cases. Additionally,the Student Health Center is now administering flu shots for students.The Health Center will also implement the mask mandate in-site,starting on November 1st to be compliant with the Sonoma County Health Officer order.Our Disability Student Services is fully operational and is taking on 672 open cases.To conclude the Student Affairs report,our athletics have been exceedingly successful in several sports including volleyball,track and field,soccer, and golf. Associated Students departments have been working intensively to ensure that they are serving the students in the best way possible.Our Basic Needs team has seen over 800 students visit the Lobo’s Pantry this month and provided over 2,500 pantry items to those in need.The county has been backed up with applicants for CalFresh for several months,so accommodations have been made for students who need resources now.Some events held this month were Tuesday Night Trivia,Chalk the Plaza,Paint and Sip,Rollin with Lobo,and we have an Open Mic Night on Thursday at 7pm.Another amazing event that was held on campus this past weekend at the Green Music Center was the 2-day Global Roots Festival with music and food from around the globe. To conclude my report on Sonoma State University we want to thank the city partners and local businesses that have worked with our campus during the month of September.Thank you. Rohnert Park Department of Public Safety 1 2 Safety Information 3 Part of the Confusion September-Education Campaign Chat with the Chief Social Media RPCUSD-Parent Square, Peach Jar, Monthly Newsletter October-Begin Enforcement First Offense: Warning Citation Tracked through Records Division Second Offense: Citation  Juvenile Traffic Court What is the Plan 4 5 Scooter Related Incidents Comments Address FEM ON SCOOTER HIT BY VEH - VEH HAD GREEN LIGHT TURNING FROM MARTIN ONTO REDWOOD, SHE DIDN'T STOP AND RAN RIGHT INTO VEH REDWOOD DR / MARTIN AV SCOOTER & RED TESLA - RP IS PASSERBY - UNK IF JUV FELL AND TESLA STOPPED TO HELP OR IF HIT BY TESLA - UTL GOLF COURSE DR / FRANCIS CI 4G21 -- NOW IS REPORTED HE MAY HAVE FALLEN OFF HIS SCOOTER G31 AND I WILL BE WALKING THE CREEKPATH TO FIND HIS SCOOTER AND HE WILL BE 1049 MEMORIAL CITY CENTER DR / DEAD END RPS SON WAS HIT BY A VEH ON A SCOOTER SNYDER LN / ROSANA WY VEH/PED - JUV WAS CROSSING ON A SCOOTER IN THE CROSSWALK - NEG INJURY SNYDER LN APPEARS CHILD CRASHED ON HIS SCOOTER AND IS BLOODY ON HIS FACE - ON SCENE W MEDICS - GOING TO MEMORIAL SNYDER LN / KEISER AV 4G10 -- C4 SOME JUVS GOT INTO A FENDER BENDER ON SCOOTERS NO MEDICAL NEEDED SNYDER LN / ROHNERT PARK EX RIDING A SCOOTER - WAS WOBBLING ON THE SCOOTER WHEN RIDING IT THEN FELL - NOW HE'S LAYING ON SOMEONE'S DRIVEWAY UNK IF HS - GOA HOLLY AV VEH V PED - PED WAS ON ELECTRIC SCOOTER - AMY'S GOLF COURSE DR W VEH VS SOMEONE ON A SCOOTER - NEG ON TC - MEDICAL AID ONLY - CANCEL ENTERPRISE DR JUV POSS FELL FROM SCOOTER - GOA SOUTHWEST BL / TRACKS 2 KIDS WERE RACING AROUND ON A SCOOTER AND A GO CART AND THEY CRASHED INTO EACH OTHER - CANCEL AMB , TAKING BY POV ESTRELLA DR 6 Questions Halloween CarnivalCarnival Dia De Los Muertos Celebration with FREE SAT, OCT 28 NOON-5PM Rohnert Park Community Center Complex | 5401 Snyder Lane Live Performances, Exotic Animals, Carnival Games, Magic Show, Haunted Maze, Community Altars, and More! In association with Carnival game proceeds will help every 5th grader from the CRPUSD schools to attend outdoor education at the Nature Bridge Golden Gate Campus Presented by the City of Rohnert Park in partnership with the Latino Alliance and Cotati-Rohnert Park Unified School District Outdoor Education Program Escanee aquí para español Scan for More Info You,re invited to a Halloween Party at The Haunt High School Edition with DJ Willie G Rohnert Park Community Center | 5401 Snyder Lane Tickets are limited Scan to Purchase today! Student ID required from Local High-School with food package $20 |$25this HalloweenOCT 31 6-9pm includingHaunted House Maze Cryo Jets + UV/Blacklights Confetti + Photo Booth Food & Drinks sold by Sol Azteca & Chava’s pizza Featuring Beer by Old Caz | Wine available Featuring Live Music by Aqua Nett & a Haunted House Maze in Spreckels Performing Arts Center - Over 5,000 square feet of terror! |Tickets are limited Scan to Purchase today! For Adults 18+ 21+ for alcohol First 50 people get a FREE T-Shirt$35 | Rohnert Park Community Center Complex | 5409 Snyder Lane Brew & Scare FestThe Haunt FRIDAY Oct 27 6-9pm Item 8.A. CITY BILLS/DEMANDS FOR PAYMENT September 26, 2023 Check Number : 600003748 -600003935 Dated · August 26 , 2023 -September 13 , 2023 TOTA $840 ,537.46 CITY BILLS D EMANDS FOR PAYMENT DATED AUGUST 26 THROUGH SEPTE MBER 13 2023 CHECK NUMBER CH ECK DATE V ENDOR NAME FUND ACCOUNT AMOUNT 600003748 08/30/2023 AD-VANTAGE MARK ETI NG INC General Fu nd PAC Advertisng 1,111.23 600003749 08/30/2023 BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC General Fu nd AS Clinic (not pay&NeuteElgbl) 418.49 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund City Attorney Legal Svcs 1,456.00 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund City Attorney Legal Svcs 24,219.46 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund City Attorney legal Svcs 769.03 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposi t Expense 5,038.80 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposit Revenue (5,038.80) 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund Developer Ref Deposit -BS 5,038.80 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposit Expense 781.04 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposit Revenue (781.04} 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund Developer Ref Deposit -BS 781.04 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposit Expense 439.92 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposit Revenue (439.92) 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund Developer Ref Deposit -BS 439.92 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposit Expense 1,275.04 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund OS Developer Deposit Revenue (1,275.04) 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP General Fund Developer Ref Deposit -BS 1,275.04 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP City Infrastructure Cl P PW CIP CapProject 6,366.88 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP City Infrastructure Cl P OS Cptl Projects Non-Capital 594.88 600003750 08/30/2023 BURKE WILLIAMS & SORENSEN LLP City Infrastructure Cl P PW CIP CapProject 145.60 600003750 08/30/2023 BURKE W ILLIAMS & SORENSEN LLP Water CIP Fund Water CIP Fund CapProject 182.00 600003751 08/30/2023 CALMAT CO Water Util ity Fund Water Utility Fund Rep&Maint 295.65 600003752 08/30/2023 CLEARSTAR INC General Fu nd PW Admin Recrui tmnt 127.68 600003752 08/30/2023 CLEARSTAR INC General Fund PW Admin Recruitmnt 142.98 600003753 08/30/2023 COMMERCIAL POOL SYSTEMS INC General Fund Bldg Maintenance Rep&Maint 63.87 600003753 08/30/2023 COMMERCIAL POOL SYSTEMS INC General Fun d Bldg Maintenance Rep&Maint 287.54 600003754 08/30/2023 MICHAEL RUBIN General Fu nd PAC Advertisng 529.81 600003755 08/30/2023 FASTENAL General Fund Bldg Maint Department Exp 99.53 600003755 08/30/2023 FASTE NAL General Fund Bldg Maintenance JanitorSup 1,743.00 600003756 08/30/2023 FRIEDMAN'S HOME IMPROVEM ENT General Fund Bldg Maintenance Rep&Maint 67.22 600003756 08/30/2023 FRIEDMAN'S HOME IMPROVEMENT General Fund Parks Mai ntenance Sp DeptExp 234.30 600003756 08/30/2023 FRIEDMAN'S HOME IMPROVEMENT General Fun d Streets Sp DeptExp 291.87 600003756 08/30/2023 FRIEDMAN'S HOME IMPROVEMENT General Fund Bldg Maintenance Rep&Maint 2.63 600003756 08/30/2023 FRIEDMAN'S HOME IMPROVEMENT General Fund Parks Mai ntenance Sp DeptExp 34.53 600003756 08/30/2023 FRIEDMAN'S HOME IMPROVEMENT General Fund Parks Mai ntenance Sp DeptExp 38.94 600003756 08/30/2023 FRIEDMAN 'S HOME IMPROVEMENT General Fund Parks Maintenance Sp DeptExp 147.56 600003757 08/30/2023 FRIZELLE -E NOS COMPANY General Fund Sales Tax Payab le (2.68) 600003757 08/30/2023 FRIZELLE -ENOS COMPANY General Fund Animal Services ComOutrech 1.34 Page 1 of 8 CHECK NUMBER CHECK DATE V ENDOR NAME FU N D AC COU NT AMOUNT 600003757 08/30/2023 FRIZELLE-ENOS COMPANY General Fu nd Animal Services Sp DeptExp 1.34 600003757 08/30/2023 FRIZELLE-ENOS COMPANY General Fund Ani mal Services ComOutrech 203.27 600003757 08/30/2023 FRIZELLE-ENOS COMPANY General Fund Animal Services Sp DeptExp 424.67 600003758 08/30/2023 FROZE N FRESH FOODS INC General Fund Police Department Sp DeptExp 247.21 600003758 08/30/2023 FROZEN FRESH FOODS INC General Fund Animal Services Sp DeptExp 78.22 600003759 08/30/2023 GHD INC City Infrastructure CIP PW CIP CapProject 8,828.10 600003760 08/30/2023 GRAINGER INC General Fund Bldg Maintenance Rep&Mai nt 12.89 600003760 08/30/2023 GRAINGER INC General Fund Parks Maintenance Sp DeptExp 54.11 600003761 08/30/2023 HORIZON DISTRIBUTORS INC General Fund Parks Maintenance Sp DeptExp 178.11 600003761 08/30/2023 HORIZON DISTRIBUTORS INC General Fund Parks Maintenance Sp DeptExp 736.75 600003762 08/30/2023 MARK PIPPIN General Fund Streets UniformPur 1,791.96 600003763 08/30/2023 KOEFRAN INDUSTRIES General Fund Animal Services ContractSv 400.00 600003764 08/30/2023 MORRIS DISTRIBUTING Rohnert Park Foundation RPF PAC Concession Purchases 8.58 600003765 08/30/2023 MOTION INDUSTRIES INC Water Utility Fund Water Utility Fund Rep&Maint 27.68 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fund Diesel Fuel Inventory 460.01 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fu nd Unleaded Fuel Inventory 1,056.16 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fund Un leaded Fuel Inventory 734.48 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fund Unleaded Fuel Inventory 1,354.46 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fund Fire Department Gas & Oil 557.32 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fund Police Department Gas & Oil 814.89 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fund Unl eaded Fuel Inventory 298.54 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC General Fund Unleaded Fuel I nventory 1,153.92 600003766 08/30/2023 NICK BARBIERI TRUCKING LLC Water Utility Fund Water Utility Fund Gas & Oi l 95.63 600003767 08/30/2023 OFFICE DEPOT General Fund Animal Services OfficeSup 148.95 600003767 08/30/2023 OFFICE DEPOT General Fund Police Department OfficeSup 59.95 600003768 08/30/2023 BRANDON WELLS General Fund Parks Maintenance VisBenefit 65.70 600003769 08/30/2023 Ashley Girdler General Fund Balance Sheet RecRefund 100.00 600003770 08/30/2023 Brittaney Girdler General Fund Balance Sheet RecRefund 100.00 600003771 08/30/2023 Carlos Vidrio General Fund Balance Sheet RecRefund 100.00 600003772 08/30/2023 David Santillan General Fund Balance Sheet Re cRefund 460.00 600003773 08/30/2023 Genevieve Beiley General Fund Balance Sheet RecRefund 37.00 600003774 08/30/2023 GUADALUPE ORTIZ General Fund Balance Sheet RecRefund 800.00 600003775 08/30/2023 Irma Rodriguez General Fund Balance Sheet RecRefund 800.00 600003776 08/30/2023 Margarita Chavez Perez General Fund Balance Sheet RecRefund 800.00 600003777 08/30/2023 PERFECTMIND INC General Fund Comm Svcs Admin SoftwareLM 21,896.00 600003778 08/30/2023 RACHEL G ILA General Fund Contract OtherSrvc&lnstructors 210.60 600003779 08/30/2023 REDWOOD LOCK INC General Fund Bldg Maintenance Rep&Maint 10.36 600003780 08/30/2023 SAMUEL COUGHLIN General Fund PAC Volunteer Exp AB2257 595.00 600003781 08/30/2023 SANTA ROSA PLAIN GROUND SUSTAINABILITY AGENCY Water Utility Fund Water Ut i lity Fund ContractSv 84,388.40 600003782 08/30/2023 SARA JOSLYN General Fund Police Department ContractSv 900.00 600003783 08/30/2023 SIERRA CHEMICAL CO General Fund Sales Tax Payab le (3.78) 600003783 08/30/2023 SIERRA CHEMICAL CO General Fund Bldg Maint Pool Chemicals Exp 3 .78 600003783 08/30/2023 SIERRA CHEMICAL CO General Fund Bl dg Maint Pool Chemicals Exp 2,100.53 600003783 08/30/2023 SIERRA CHEMICAL CO General Fund Sales Tax Payable (3.84) 600003783 08/30/2023 SIERRA CHEMICAL CO General Fund Bldg Mai nt Pool Chemicals Exp 3.84 Page 2 o f 8 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600003783 08/30/2023 SIERRA CHEMICAL CO General Fund Bldg Maint Pool Chemicals Exp 1,670.40 600003784 08/30/2023 SMALL BEGINNINGS LLC General Fund Police Department UniformPur 736.22 600003785 08/30/2023 SOILAND CO INC Water Utility Fund WTR Ops Distribution SysRepair 47.80 600003786 08/30/2023 STEPHEN PYE General Fund DS Homelessness Contract Srvcs 5,172.00 600003786 08/30/2023 STEPHEN PYE General Fund OS Homelessness Contract Srvcs 2,301.00 600003787 08/30/2023 STOMMEL INC General Fund Fire Department VehRepMain 335 .80 600003788 08/30/2023 SUSANA VILLANUEVA General Fund Contract OtherSrvc&lnstructors 136.50 600003789 08/30/2023 TINA TUTTLE General Fund Contract OtherSrvc&lnstructors 702.00 600003790 08/30/2023 TRENTMAN CORP General Fund Streets Sp DeptExp 438.18 600003791 08/30/2023 VCA ANIMAL CARE CENTER OF SONOMA COUNTY General Fund AS Clinic (not pay&NeuteElgbl) 1.50 600003792 08/30/2023 WHITLOCK & WEINBERGER TRANSPORTATION INC Casino MOU Public Services Casino MOU Pub Svcs ContractSv 3,598.75 600003793 08/30/2023 WESTERN EXTERMINATOR General Fund Bldg Maintenance Rep&Maint 64.20 600003794 08/30/2023 WELDON W ILLAMS & LICK INC General Fund PAC Box Office 1,741.06 600003795 08/31/2023 KBA DOCUMENT SOLUTIONS INC General Fund Bldg Maintenance Eqp Lease 1,139.62 600003796 08/31/2023 VOID-USBANK CORPORATE TRUST SERVICES CM9690 1999 TABS RPFA 1999 TABS RPFA 1999TABres 0 .00 600003797 08/31/2023 VOID-USBANK CORPORATE TRUST SERVICES CM9690 2018A TABS Refunding 2018A TABS Refund 2018TARBs 0.00 600003798 09/05/2023 AMSNET INC Information Technology ISF Info Tech ISF Rep&Maint 5,160.00 600003799 09/05/2023 HAROLD A. STEUBER INC General Fund Community Centers Sp DeptExp 39.48 600003800 09/05/2023 BOLT STAFF ING SERVICE INC General Fund Finance Accounting ContractSv 2,519.20 600003800 09/05/2023 BOLT STAFFING SERVICE INC General Fund Finance Accounting ContractSv 1,511.52 600003801 09/05/2023 CALMAT CO Water Utility Fund WTR Ops Distribution SysRepai r 308.42 600003801 09/05/2023 CALMAT CO Water Utility Fund WTR Ops Distribution SysRepai r 198.07 600003802 09/05/2023 CINTAS General Fund Police Department Rep&Maint 19.48 600003803 09/05/2023 CIRA General Fund City Clerk Trvl& Train 702.38 600003803 09/05/2023 CIRA General Fund City Manager Recruit mnt 702.35 600003803 09/05/2023 CIRA General Fund PW Admin Recruitmnt 702.38 600003803 09/05/2023 CIRA General Fund Comm Svcs Admin Recruitment 702.38 600003803 09/05/2023 CIRA General Fund Police Department Recruitmnt 702.38 600003803 09/05/2023 CIRA General Fund DS Recr uitment 702.38 600003803 09/05/2023 CI RA General Fu nd Human Resources Recruitmnt 702.38 600003803 09/05/2023 CIRA General Fund Finance Accou nting Recru itmnt 702.37 600003804 09/05/2023 CITY ELECTRIC SUPPLY Water Utility Fund Water Util ity Fund Sp DeptExp 374.59 600003805 09/05/2023 CITY OF ROHNERT PARK JEPA Wilfred Ave Maintenance JEPA Utilit y Expense-Electric 225.12 600003806 09/05/2023 SHERRILYN EPPERSON General Fund Program & Events Sp DeptExp 10.85 600003806 09/05/2023 SHERRILYN EPPERSON General Fund Program & Events Sp DeptExp 1,231.31 600003807 09/05/2023 DAIOHS USA INC General Fund DS Special Dept Expense 102.67 600003807 09/05/2023 DAIOHS USA INC General Fund Human Resources Sp DeptExp 41.51 600003807 09/05/2023 DAIOHS USA INC General Fund Finance Accounting Sp DeptExp 32.77 600003807 09/05/2023 DAIOHS USA INC General Fund City Manager Sp DeptExp 41.51 600003807 09/05/2023 DAIOHS USA INC General Fund Finance Accounting Sp DeptExp 394.43 600003808 09/05/2023 DELL FINANCIAL SERVICES LLC Information Technology ISF Info Tech ISF Eqp Lease 323.62 600003809 09/05/2023 MICHAEL RUBIN Measure M Parks PW Measure M Comm Svcs Spec Event 639.34 600003810 09/05/2023 EUREKA OXYGEN CO General Fund Bldg Maint Pool Chemicals Exp 606.82 600003811 09/05/2023 MARK PIPPIN Water Utility Fund Water Utility Fund UniformPur 196.20 600003812 09/05/2023 JAMES ANTHONY GAGARIN General Fund PAC Volunteer Exp AB2257 595.00 Page 3 of 8 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600003813 09/05/2023 LAUR IE PH ILLIPS General Fund Contract OtherSrvc&lnstructors 591.50 600003814 09/05/2023 MOLLY ANN PENGEL General Fund Contract OtherSrvc&lnstructors 3,000.00 600003815 09/05/2023 ADAM STRONGMAN General Fund Emergency Prep Trvl& Train 200.00 600003816 09/05/2023 ALANA GILCHRIST Water Utility Fund Water Utilit y Fund UniformPur 156.96 600003817 09/05/2023 ALANA GILC HR IST Water Utilit y Fund Wa t er Utility Fund UniformPur 283.35 600003818 09/05/2023 LEVI DECARL Y General Fund Police Department Trvl& Tra i n 54 .00 600003819 09/05/2023 Juan Gonzalez General Fund Ba lance Sheet RecRefund 100.00 600003820 09/05/2023 Matthew Simmons General Fund Ba lance Sheet RecRefund 100.00 600003821 09/05/2023 Sarah Carlson General Fund Ba lance Sheet RecRefund 48 .00 600003822 09/05/2023 PACE SUPPLY Water Utility Fund Wat er Utility Fund Rep&Maint (8 .59) 600003822 09/05/2023 PACE SUPPLY Water Utility Fund Water Uti lity Fund Rep&Maint 429.35 600003822 09/05/2023 PACE SUPPLY Water Utility Fund Wa t er Utility Fund Rep&Maint (55.48) 600003822 09/05/2023 PACE SUPPLY Water Utility Fund Water Utility Fund Rep&Maint 2,774.16 600003823 09/05/2023 PACIFIC AG RENTALS LLC Water Utility Fund Water Utility Fund Eqp Rental 3,774.80 600003823 09/05/2023 PACIFIC AG RENTALS LLC Water Utility Fund Water Utility Fund Eqp Rental 1,085.00 600003824 09/05/2023 RANDY SNYDER General Fund Contract OtherSrvc&lnstructors 1,638.00 600003825 09/05/2023 REDWOOD LOCK INC General Fund Streets Sp DeptExp 19.51 600003825 09/05/2023 REDWOOD LOCK INC General Fund Bldg Maint Department Exp 40.28 600003825 09/05/2023 REDWOOD LOCK INC General Fund Po lice Department Rep&Maint 245.00 600003825 09/05/2023 REDWOOD LOCK INC Water Uti li ty Fund Water Utility Fund Rep&Maint 33.63 600003826 09/05/2023 ROHNERT PARK TENNIS CLUB General Fund Contract OtherSrvc&lnstructors 2,608.00 600003827 09/05/2023 STUDIO FUWAFUWA Measure M Parks PW Measure M Comm Svcs Spec Event 87.50 600003828 09/05/2023 TIVINC General Fund Storm Wtr Drainage ContractSv 9,000.00 600003829 09/05/2023 TROPE GROUP INC General Fund Po lice Department OfficeEqup 20,224.39 600003829 09/05/2023 TROPE GROUP INC General Fu nd PW Admin Sp DeptExp 96.00 600003830 09/05/2023 TYLER TECHNOLOGIES INC General Fund Finance Accounting OfficeEqup 284.70 600003831 09/07/2023 REDACTED RETIREE General Fund Retiree Med Mgmt Med Reimb 1,357.98 600003832 09/07/2023 AT&T General Fund Bldg Maint Communications 53.91 600003833 09/07/2023 AT&T General Fu nd PW Admin Communications 55.49 600003834 09/07/2023 AT&T Sewer Utility Fund Sewer Utility Fnd Communicatio 26.95 600003835 09/07/2023 AT&T General Fund PW Admin Communications 26.95 600003836 09/07/2023 AT&T Water Utility Fund Water Utility Fnd Communicatio 53.71 600003837 09/07/2023 AT&T General Fu nd Po lice Dept Communications 41.66 600003838 09/07/2023 AT&T General Fund Po lice Dept Communications 82.61 600003839 09/07/2023 AT&T General Fund PW Admin Communications 53.93 600003840 09/07/2023 AT&T General Fund PW Admin Communications 26.97 600003841 09/07/2023 AT&T General Fund PAC Communications 53.93 600003842 09/07/2023 AT&T Genera l Fund Po lice Dept Communications 378.47 600003843 09/07/2023 AT&T General Fund Police Dept Communications 52.11 600003844 09/07/2023 AT&T General Fund Community Centers Communicatio 26.96 600003845 09/07/2023 AT&T General Fund Animal Services Communication 53 .93 600003846 09/07/2023 AT&T General Fund Bl d g Maint Communications 269.63 600003847 09/07/2023 AT&T General Fund Aquatics Communications 80.90 600003848 09/07/2023 AT&T Information Technology ISF Info Tech ISF Communications 80.88 600003849 09/07/2023 AT&T General Fund Bldg Maint Communications 161.77 Page 4 of 8 CHEC K NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600003850 09/07/2023 AT&T General Fund Fire Department Communication 53 .93 600003851 09/07/2023 AT&T General Fund Bldg Maint Communications 134.81 600003852 09/07/2023 BETTY JANE HOTALING General Fund Con tract Other5rvc&lnstructors 5,005.00 600003853 09/07/2023 BUCKLES-SMITH ELECTRIC CO Water CIP Fund Water CIP Fund CapProject 27,594.22 600003854 09/07/2023 BURKE WILLIAMS & SORENSEN LLP Water Utility Fund Water Utility Fund Legal Svcs 364.00 600003855 09/07/2023 BWS DISTRIBUTORS INC Sewer Utility Fund Sewer Utility Fund Sp DeptExp 51.17 600003855 09/07/2023 BWS DISTRIBUTORS INC Sewer Utility Fu nd Sewer Utility Fund UniformPur 507.75 600003856 09/07/2023 COMCAST General Fund Parks Maint Communications 143.65 600003857 09/07/2023 COMCAST General Fund Fire Department Communication 157.85 600003858 09/07/2023 COMCAST General Fund Sports Center Communications 558.98 600003859 09/07/2023 COMCAST General Fund Bldg Maint Communications 133.70 600003860 09/07/2023 COMCAST General Fun d Fire Department Communication 162.42 600003861 09/07/2023 FRIEDMAN'S HOME IMPROVEMENT Water Utility Fund WTR Ops Distribution SysRepair 13.42 600003862 09/07/2023 L.N. CURTIS & SONS General Fund Fire Department Equip<Sk 525.70 600003863 09/07/2023 MILLER AUTO SALES INC General Fun d Streets Equipment over SK 6,800.00 600003864 09/07/2023 MORGAN CREEK CONSTRUCTION INC City Infrastructure CIP PW CIP CapProject 8,568.49 600003865 09/07/2023 NATIONAL BUSINESS FURNITURE Community Svcs Facility Fee Comm Svcs Fae Fee Equip<5k 5,082.71 600003866 09/07/2023 NORTHGATE COMPANY INC General Fund Non Dept -Risk Self Ins Loss 9,800.00 600003867 09/07/2023 DAVID OWEN Water Utility Fund Water Utility Fund Trvl& Train 529.86 600003868 09/07/2023 JEFFREY PONIKVAR -DOLNEY Sewer Utility Fund Sewer Utility Fund VisBenefit 150.00 600003869 09/07/2023 JONATHAN LOWDEN General Fund OS Hmlnss Equipment under SK 50.20 600003870 09/07/2023 State Fire Training, Fire and Emergency Services General Fund Fire Department Trvl& Train 100.00 600003871 09/07/2023 TARA DOUGLAS General Fund AR RETIREE MEDICAL 1,583.09 600003872 09/07/2023 PACE SUPPLY Water Utility Fund WTR Ops Distribution SysRepair (38.92) 600003872 09/07/2023 PACE SUPPLY Water Utility Fund WTR Ops Distribution SysRepair 1,945.92 600003872 09/07/2023 PACE SUPPLY Water Utility Fund WTR Ops Distribution SysRepair (0.55) 600003872 09/07/2023 PACE SUPPLY Water Utility Fund WTR Ops Distribution SysRepair 27 .31 600003873 09/07/2023 PACIFIC GAS & ELECTRIC General Fund Streets Electrical 55.45 600003874 09/07/2023 SAMUEL R WHITEHEAD JR General Fund Police Department Equip<5k 1,375.00 600003875 09/07/2023 REDWOOD LOCK INC General Fund Police Department Sp DeptExp 20.17 600003875 09/07/2023 REDWOOD LOCK IN C Sewer Utility Fund Sewer Utility Fu nd Rep&Maint 10.36 600003876 09/07/2023 RELIABLE HARDWARE & STEEL CO Sewer Utility Fund Sewer Utility Fund Sp DeptExp 221.23 600003877 09/07/2023 SANTA ROSA JUNIOR COLLEGE General Fund Police Department Trvl&Train 197.00 600003878 09/07/2023 HD SUPPLY INC Water Utility Fund Water Utility Fund Sp DeptExp 734 .31 600003879 09/07/2023 WERLE ENTERPRISE LLC NATIONAL PRINT & PROMO General Fund DS Office Suppplies 55.68 600003880 09/08/2023 David Benoit Water Utility Fund WTR AR UB RESIDE NTIAL 1,000.00 600003881 09/08/2023 OFFICE DEPOT General Fund PW Admin OfficeSup 37.34 600003881 09/08/2023 OFFICE DEPOT General Fund Finance Accounting OfficeSup 43.14 600003881 09/08/2023 OFFICE DEPOT General Fund Police Department OfficeSup 27.44 600003881 09/08/2023 OFFICE DEPOT General Fund Parks Maintenance Sp DeptExp 7.40 600003881 09/08/2023 OFFICE DEPOT General Fund Parks Maintenance Sp DeptExp 8.29 600003882 09/11/2023 4 LEAF INC General Fund OS Contract Services 28,300.00 600003882 09/11/2023 4 LEAF INC General Fund OS Contract Services 552.35 600003882 09/11/2023 4 LEAF INC General Fund DS Contract Services 1,091.98 600003882 09/11/2023 4 LEAF INC General Fund OS Contract Services 364.00 Page 5 of 8 CHECK NUMBER CH ECK DATE V ENDOR NAME FUND ACCOUNT AMOUNT 600003882 09/11/2023 4 LEAF INC General Fund OS Contract Services 216.00 600003882 09/11/2023 4 LEAF INC General Fund OS Contract Services 216.00 600003882 09/11/2023 4 LEAF INC General Fund OS Contract Services 216.00 600003882 09/11/2023 4 LEAF INC General Fund OS Contract Services 330.00 600003883 09/11/2023 HAROLD A. STEUBER INC General Fund Aquatics Sp DeptExp 47.64 600003884 09/11/2023 BOLT STAFFING SERVICE INC General Fund Finance Accounting ContractSv 2,015.36 600003885 09/11/2023 COMPLETE WELDERS SUPPLY General Fund AS Clinic (not pay&NeuteElgbl) 46.30 600003885 09/11/2023 COMPLETE WELDERS SUPPLY General Fund AS Clinic (not pay&NeuteElgbl) 142.53 600003886 09/11/2023 BUTLER ANIMAL HEALTH HOLDING COMPANY LLC General Fund AS Clinic (not pay&NeuteElgbl) 519.42 600003887 09/11/2023 CSG CONSULTANTS INC General Fund OS Contract Serv ices 230.00 600003888 09/11/2023 D BLOCK SECURITY General Fund OS Homelessness Contract Srvcs 69,407.85 600003889 09/11/2023 REDACTED RETIREE General Fund Retiree Med Mgmt Med Reimb 174.44 600003890 09/11/2023 DIANE MICHELI General Fund SpC Contract Instructors 448.00 600003891 09/11/2023 DUDEK General Fund OS Developer Deposit Expense 1,117.50 600003891 09/11/2023 DUDEK General Fund OS Developer Deposit Revenue (1,117.50) 600003891 09/11/2023 DUDEK General Fund Developer Ref Deposit -BS 1,117.50 600003892 09/11/2023 FASTENAL General Fund Bldg Maint Department Exp 1.84 600003893 09/11/2023 GRAINGER INC General Fund Parks Maintenance Sp DeptExp 172.50 600003893 09/11/2023 GRAINGER INC Sewer Utility Fund Sewer Util ity Fund Sp DeptExp 12.70 600003893 09/11/2023 GRAINGER INC Water Utility Fund Water Utility Fund Rep&Maint 26.16 600003893 09/11/2023 GRAINGER INC Water Uti lity Fund Water Utility Fund Rep&Maint 138.11 600003893 09/11/2023 GRAINGER INC Water Utility Fund Water Utility Fund Sp DeptExp 68.38 600003894 09/11/2023 HADRONEX INC Sewer Utility Fund Sewer Utility Fund Sp DeptExp 423.20 600003895 09/11/2023 HOMEFIRST OF SANTA CLARA COUNTY General Fund DS Homelessness Contract Srvcs 147,578.31 600003895 09/11/2023 HOMEFIRST OF SANTA CLARA COUNTY General Fund OS Homelessness Contract Srvcs 48,500.26 600003896 09/11/2023 JAKE WATERMAN General Fund SpC Contract Instructors 1,215.20 600003897 09/11/2023 REDACTED RETIREE General Fund Retiree Med Mgmt Med Reimb 395.08 600003898 09/11/2023 REDACTED RETIREE General Fund Retiree Med Mgmt Med Reimb 1,235.00 600003899 09/11/2023 MOONLIGHT BPO LLC Sewer Utility Fund Sewer Utility Fund Printing 695.60 600003899 09/11/2023 MOONLIGHT BPO LLC Sewer Utility Fund Sewer Utility Fund Post&Ship 2,412.29 600003899 09/11/2023 MOONLIGHT BPO LLC Sewer Utility Fund Sewer Utility Fund Printing 75.25 600003899 09/11/2023 MOONLIGHT BPO LLC Sewer Utility Fund Sewer Utility Fund Post&Ship 253.69 600003899 09/11/2023 MOONLIGHT BPO LLC Water Utility Fund Water Utility Fund Printing 695.60 600003899 09/11/2023 MOONLIGHT BPO LLC Water Utility Fund Wat er Utility Fund Post&Ship 2,412.30 600003899 09/11/2023 MOONLIGHT BPO LLC Water Utility Fund Water Utility Fund Printing 75.25 600003899 09/11/2023 MOONLIGHT BPO LLC Water Utility Fund Water Utility Fund Post&Ship 253.70 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Unleaded Fuel Inventory 1,123.96 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Diesel Fuel Inventory 1,464.83 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Diesel Fuel Inventory 685.53 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Unleaded Fuel Inventory 888.45 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Unleaded Fuel Inventory 1,040.30 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC Gener al Fund Police Department Gas & Oil 1,148.79 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Fire Department Gas & Oil 1,028.60 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Unleaded Fuel Inventory 279.56 600003900 09/11/2023 NICK BARB IERI TRUCKING LLC General Fund Unleaded Fuel Inventory 515.78 Page 6 of 8 CHE CK NUMBER CHEC K DATE VENDOR NAME FUND ACCOUNT AMOUNT 600003900 09/11/2023 NICK BARBIERI TRUCKING LLC General Fund Unleaded Fuel Inventory 1,599.78 600003901 09/11/2023 NORTH BAY PROFESSIONAL OFFICIAL'S INC General Fund Program & Events ContractSv 6,561.00 600003902 09/11/2023 BRYCE FRASER General Fund Police Department Trvl&Train 18.00 600003903 09/11/2023 GUADALUPE FIGUEROA General Fund Fire Department UniformPur 249.00 600003904 09/11/2023 JEFFREY PONIKVAR -DOLNEY Water Utility Fund Water Uti lity Fund Un iformPur 350.00 600003905 09/11/2023 JUSTIN WAX General Fund Police Department Trvl& Train 18.00 600003906 09/11/2023 LEVI DECARL Y General Fund Police Department Trvl& Train 30.00 600003907 09/11/2023 Brandon Magana General Fund Balance Sheet RecRefund 400.00 600003908 09/11/2023 DYN FAYE DE GUIA General Fund OS Building Inspection Fees 171.00 600003909 09/11/2023 Hernan Zamudio General Fund Balance Sheet RecRefund 800.00 600003910 09/11/2023 Jimmy Lee Water Utility Fund WTR AR UB RESIDENTIAL 2.34 600003911 09/11/2023 Josie Baker General Fund OS Building Inspection Fees 119.00 600003912 09/11/2023 KB HOME Water Capacity Charge Fund Water Cap Charge WtrCapFee 14,008.38 600003912 09/11/2023 KB HOME Public Facility Finance DevFee PF Finance DevFee PFFP Fees 60,134.73 600003913 09/11/2023 KELLY KOFFLER General Fund AR RETIREE MEDICAL 45.59 600003913 09/11/2023 KELLY KOFFLER General Fund AR RETIREE MEDICAL 12 .54 600003914 09/11/2023 KELLY KOFFLER General Fund AR RETIREE MEDICAL 45.59 600003914 09/11/2023 KELLY KOFFLER General Fund AR RETIREE MEDICAL 12.54 600003915 09/11/2023 Kyle Torr General Fund City Manager Recruitmnt 25.00 600003916 09/11/2023 Lady B Electric Inc General Fund OS Building Inspection Fees 130.50 600003917 09/11/2023 Lori Roark General Fund OS Building Inspection Fee s 246.60 600003918 09/11/2023 Mar ia H Pedro Water Utility Fund WTR AR UB RESIDENTIAL 28.91 600003919 09/11/2023 N ury Calderon General Fund Balance Sheet RecRefund 400.00 600003920 09/11/2023 Patty Palmer Water Utility Fund WTR AR UB RESIDENTIAL 40.20 600003921 09/11/2023 Reyff Electric Inc. General Fund OS Building Inspection Fees 190.00 600003922 09/11/2023 Roman's Plumbing, Inc General Fund OS Building Inspection Fees 118.00 600003923 09/11/2023 Second Generation Roofing General Fund DS Building Inspection Fe es 4,608.00 600003924 09/11/2023 PACIFIC GAS & ELECTRIC General Fund Aquatics Electrical 4,455.15 600003925 09/11/2023 PACIFIC GAS & ELECTRIC JEPA Wilfred Ave Maintenance JEPA Utility Expense-Electric 976.40 600003926 09/11/2023 PACIFIC GAS & ELECTRIC General Fund Fire Department Electrical 1,177.84 600003926 09/11/2023 PACIFIC GAS & ELECTRIC General Fund Fi re Department Electrical 585.32 600003926 09/11/2023 PACIFIC GAS & ELECTRIC General Fund Fire Department Electrical 1,252.08 600003926 09/11/2023 PACIFIC GAS & ELECTRIC General Fund Police Department D SvcPrinc 3,505.36 600003926 09/11/2023 PACIFIC GAS & ELECTRIC General Fund Police Department Electrical 19,921.21 600003926 09/11/2023 PACIFIC GAS & ELECTRIC General Fund Animal Services Electrical 2,960.55 600003927 09/11/2023 PAMELA STAFFORD General Fund Contract OtherSrvc&lnstructors 8,093.80 600003928 09/11/2023 PLACEWORKS INC Successor Agency Housing Fund SA Housing ContractSv 872.10 600003929 09/11/2023 REDWOOD LOCK IN C General Fund OS Contract Services 192.50 600003929 09/11/2023 REDWOOD LOCK INC General Fund Parks Maintenance Sp DeptExp 51.50 600003929 09/11/2023 REDWOOD LOCK INC General Fund Parks Maint enance Sp Dept Exp 134.12 600003929 09/11/2023 REDWOOD LOCK INC General Fund Streets Sp DeptExp 7.63 600003930 09/11/2023 ROBERT HALF INTER NATIONAL INC Sewer Utility Fund Sewer Utility Fund ContractSv 764.80 600003930 09/11/2023 ROBERT HALF INTERNATIONAL INC Sewer Utility Fund Sewer Utility Fund ContractSv 648.00 600003930 09/11/2023 ROBERT HALF INTERNATIONAL INC Water Utility Fund Water Utility Fund ContractSv 764.80 600003930 09/11/2023 ROBERT HALF INTERNATIONAL INC Water Utility Fund Water Utility Fund ContractSv 648.00 Page 7 of 8 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600003931 09/11/2023 SHARED HOUSING & RESOURCE EXCHANGE CALIFORNIA General Fund OS Homel essness Contract Srvcs 23,23S.58 600003932 09/11/2023 THE RENTAL PLACE Water Utility Fund Water Utility Fund Eqp Rental 368.29 600003933 09/11/2023 UNSHELTERED FR IENDS OUTREACH General Fund OS Homelessness Contract Srvcs 3,000.00 600003934 09/11/2023 US BANK General Fund P-Card Liab Account 11,488.95 600003935 09/12/2023 PITNEY BOWES BANK INC General Fund Non Departmental Post&Ship 3,000.00 840,537.46 Page 8 of 8 MINUTES OF THE JOINT SPECIAL AND REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, September 12, 2023 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT SPECIAL AND REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Rodriguez called the joint special and regular meeting to order at 4:00 p.m., which was legally noticed on September 8, 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, Assistant City Manager Schwartz, City Attorney Kenyon, Director of Public Safety Mattos, Human Resources Director Cannon, Acting Director of Public Works Hendersen, Deputy Chief Kilgore, Housing Manager Garcia, Deputy City Engineer De Anda, City Clerk Lopez Cuevas, and Information Technology Manager Cotter. 2.CLOSE SESSION: Mayor Rodriguez made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to closed session in Conference Room 2A at 4:00 p.m. to consider: A.Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1) - Name of case: Tyrone Williams et al. vs. City of Rohnert Park, et al., Sonoma County, Superior Court Case SCV-272310 B.Conference with Legal Counsel – Anticipated Litigation - Government Code §54956.9(d)(4) - (Two Cases) C.Conference with Legal Counsel -Anticipated Litigation - Significant Exposure to Litigation - Government Code $54956.9(d)(2) - (One Case) Mayor Rodriguez reconvened the joint special and regular meeting open session at 4:59 p.m. to report on Closed Session (Government Code §54957.1) and indicated there was no reportable action at this time. Item 8.B. City of Rohnert Park Joint Special and Regular Meeting Minutes September 12, 2023 for City Council/RPFA/CDC Successor Agency Page 2 of 5 Closed session discussions will resume at the end of this meeting. 3. READING OF THE LAND ACKNOWLEDGMENT Read by Mayor Rodriguez. 4. PLEDGE OF ALLEGIANCE Led by RP Warriors Football and Cheerleaders. 5. PRESENTATIONS A. Mayor's Recognition: Recognizing Sheri Poueu for her Cultural Contributions to the Community of Rohnert Park. Mayor Rodriguez read the certificate and presented it to Sheri Poueu, Rohnert Park Warriors Football and Cheer President. B. Mayor's Proclamation: Proclaiming September 15 through October 15, 2023 as Latine/Hispanic Heritage Month in the City of Rohnert Park. Mayor Rodriguez read the proclamation and presented it to Georgina Warmouth, Latina Outreach Group, Mujeres Unidas and Latino Democratic Club. C. Mayor's Proclamation: Proclaiming September 18 through 22, 2023 as Creek Week/Pollution Prevention Week in the City of Rohnert Park. Mayor Rodriguez read the Proclamation and presented it to Graton Resort & Casino Team Member Engagement Manager Jennifer Blackwood, Team Member Engagement Coordinator Mary Luque, and Public & Community Relations Manager Robb Stites. Vice Mayor Hollingsworth Adams stepped away from the dais at 5:14 p.m. and returned at 5:15 p.m. 6. DEPARTMENT HEAD BRIEFING None. 7. PUBLIC COMMENTS Jose Morales spoke about RV’s parked adjacent to parks, schools, Girl Scouts Club, and residential areas. Jose Morales requested the Council act on these issues. 8. CONSENT CALENDAR 8.A Acceptance of Reports from Finance Department: City Bills/Demands for Payment dated August 12 through August 25, 2023 8.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting, August 22, 2023 8.C Adopt Resolution 2023-068 to Update the Rohnert Park Manual of Standards, Details and Specifications for Street Lighting Detail Drawings Approve Task Order Amendment 8.D Adopt Resolution 2023-069 Accepting a Grant in the Amount of $57,473 from the Department of Alcoholic Beverage Control Alcohol Policing Partnership Program and Authorizing the Finance Director to Increase Appropriations in the FY 2023/24 Budget by $57,473 8.E Adopt Resolution 2023-070 Authorizing Staff to Re-Record a Deed Restriction for Lydia City of Rohnert Park Joint Special and Regular Meeting Minutes September 12, 2023 for City Council/RPFA/CDC Successor Agency Page 3 of 5 Park Playground Renovation Project No. 2018-22 (CEQA Status: Exempt Pursuant to Sections 15301 and 15302) 8.F Adopt Resolution 2023-071 Authorizing and Approving Amendment No. 1 to the Master Maintenance Agreement with Bella Creek LLC for the Development Located at 100 Avram Avenue and Adopt Resolution 2023-072 Authorizing and Approving a Grant of Storm Drain Easement Agreement and Authorizing and Accepting a Grant of Utility Easement Agreement with Bella Creek LLC for the Development Located at 100 Avram Avenue (CEQA: Consistent with the Program Environmental Impact Report for the City’s Central Rohnert Park Priority Development Area) 8.G Authorize the City Manager to Execute Amendment No. 1 to Task Order 2021-01 with BKF Engineers for Additional Design Services in Amount of $22,000 for the Southwest Boulevard Complete Streets Corridor Project (Project 2020-23) 8.H Authorize the Purchase of a 2024 John Deere 410L Backhoe for the Public Works General Services Division not to exceed $200,000 and Authorize the City Manager to Execute Purchase Documentation 8.I Receive Annual 2022 Calendar Year Through June 2023 Alcoholic Beverage Service Ordinance (ABSO) Report Pursuant to Rohnert Park Municipal Code 8.34.190 ACTION: Moved/seconded (Giudice/Elward) to adopt the consent calendar. Motion carried by the following unanimous 5-0-0 voice vote: AYES: Elward, Giudice, Sanborn, Hollingsworth Adams, and Rodriguez, NOES: None, ABSENT: None, ABSTAINS: None. 9. REGULAR ITEMS: A. Discuss Relocating Party on the Plaza and Farmers Market to the Rohnert Park Community Center Complex. Director of Community Services Bagley presented this item. Action(s): 1) City Council could direct staff to relocate Party on the Plaza and Farmers Market to the Community Center Complex on a trial basis for 1 to 2 years; 2) City Council could direct staff to keep Party on the Plaza and Farmers Market at City Center Plaza; and 3) City Council could direct staff to come back to a future City Council meeting with further information and assessment. PUBLIC COMMENTS: Cathy Slach, Kelly Smith, Edna Rodriques, Janis Brokaw, and Amanda Keaney spoke against moving this event to another location. Mayor Rodriguez declared a recess at 6:15 p.m. and reconvened the meeting at 6:21 p.m. ACTION: By consensus (none opposed), the City Council directed staff to maintain “Party on the Plaza” and “Farmers Market” at City Center Plaza. Staff will continue to make operational decisions regarding the event such as potentially removing the decorative rocks. Staff will return to Council if there are any financial implications that need discussion. City of Rohnert Park Joint Special and Regular Meeting Minutes September 12, 2023 for City Council/RPFA/CDC Successor Agency Page 4 of 5 10. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: None. B. Liaison Reports: None. C. Outside Agency Reports: 1. Water Advisory Committee (WAC) to Sonoma Water (9/4) No report. 2. Sonoma Clean Power Authority Board of Directors Meeting (8/7) Elward/Hollingsworth Adams Councilmember Elward informed the meeting was canceled. 3. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Board of Directors Meeting (9/11) Councilmember Giudice reported on this meeting. D. Other Reports: 1. Sonoma County Continuum of Care Board of Directors Meeting (8/23) Assistant City Manager Schwartz reported on this meeting. 2. Golden Gate Bridge, Highway and Transportation District Board of Directors Meeting (8/24 & 8/25) Councilmember Giudice reported on this meeting. 3. Rohnert Park Chamber of Commerce Noon Times (9/6) - Hollingsworth Adams No report. 11. COMMUNICATIONS Vice Mayor Hollingsworth Adams stated the City’s Department of Public Safety started an education campaign regarding scooter safety before they begin enforcement. Mayor Rodriguez stated the following: • The Rohnert Park Chamber of Commerce is having its annual Golf Tournament on September 21 at Foxtail Golf Course. • Yesterday was the 22nd anniversary of September 11. • Today is National Women’s Law Enforcement Day. • Saturday, September 16 is Prisoner of War Day. • Rancho Cotate High School will have a cultural event on September 23 at 3 p.m. • The City is partnering with SSU to complete the Suicide Prevention Walk on September 23. 12. ADDING AGENDA ITEMS TO A FUTURE CITY COUNCIL MEETING AGENDA None. 13. PUBLIC COMMENT None. City of Rohnert Park Joint Special and Regular Meeting Minutes September 12, 2023 for City Council/RPFA/CDC Successor Agency Page 5 of 5 2. CLOSE SESSION: Mayor Rodriguez made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to closed session in Conference Room 2A at 7:12 p.m. to consider: A. Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1) - Name of case: Tyrone Williams et al. vs. City of Rohnert Park, et al., Sonoma County, Superior Court Case SCV-272310 B. Conference with Legal Counsel – Anticipated Litigation - Government Code §54956.9(d)(4) - (Two Cases) C. Conference with Legal Counsel -Anticipated Litigation - Significant Exposure to Litigation - Government Code $54956.9(d)(2) - (One Case) Mayor Rodriguez reconvened the joint special and regular meeting open session at 7:45 p.m. to report on Closed Session (Government Code §54957.1) and indicated there was no reportable action. 14. ADJOURNMENT Mayor Rodriguez adjourned the joint special and regular meeting at 7:45 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk Samantha Rodriguez, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 8.C. 1 Meeting Date: September 26, 2023 Department: Development Services Submitted By: Marcela Piedra, City Manager Prepared By: Cortney Bowser, Management Analyst Agenda Title: By Minute Order, Authorize the City Manager to Consent to and Execute Assignment and Assumption Agreements for Sonoma Mountain Village Planned Development (SOMO) RECOMMENDED ACTION: By Minute Order, authorize the City Manager to consent to and execute Assignment and Assumption Agreements for Sonoma Mountain Village Planned Development (SOMO). BACKGROUND: The Sonoma Mountain Village Planned Development (SOMO) is the site of 176 acres in the southeast portion of the City approved for residential and commercial development. The development at SOMO is the subject of a Development Agreement (DA) between the City and SOMO Village LLC (“Developer”). The Developer is party to a number of agreements with the City to facilitate construction of their project including an Amended and Restated Development Agreement (Development Agreement) and a number of Improvement Agreements. As the development proceeds, the Developer, will be selling finished buildable lots to other interests, the “merchant builders”, who complete construction of the residential units. When the property is sold, some Development Agreement obligations, such as the requirement to pay various fees run with the property. In addition, some benefits, such as fee credits earned by the master developer, can also be assigned to the merchant builders. The purpose of the requested action is to authorize the City Manager to consent and execute the agreements that assign these various obligations and benefits, in order to streamline the administration of the Development Agreement and various Improvement and Fee Credit Agreements, as the SOMO project builds out. ANALYSIS: SOMO Village, LLC is selling the first set of lots in Phase 1N-A to a merchant builder, Century Communities. In order for the developer to complete this sale, an assignment and assumption agreement must be signed. Section 8.02 of the DA defines the Developer’s right to request assignment, assumption and consent of the City and provides that the “City’s consent shall not be unreasonably withheld, delayed or conditioned and the City shall consent if the Assignee reasonably demonstrates to the City that it is able to perform the obligations of the Developer under the Agreement.” To comply with this section of the DA and to expedite future assignments, staff recommends that Council designate the authority to execute any assignment and assumption agreements for development of the SOMO project. Assignment and assumption Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 8.C. 2 agreements would be reviewed by City staff, the City Attorney’s office and the City Manager prior to consent and execution. Council has previously given this same authority to the City Manager to execute assignment and assumption agreements within the University District. STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. Allowing for assignment of the master developers’ various rights and obligations to merchant builders is necessary to facilitate the build-out of SOMO. FISCAL IMPACT/FUNDING SOURCE: None. The assignment and assumption agreements are a tool for ensuring the master developers’ responsibilities, including fiscal responsibilities, pass smoothly to subsequent owners engaged in the project. The City’s costs associated with processing the various assignment and assumption agreements are paid by the benefitting developers, who have reimbursement agreements with the City. Department Head Approval Date: NA Finance Director Approval Date: NA City Attorney Approval Date: 09/13/2023 City Manager Approval Date: 09/15//2023 Attachments: 1. Form of Assignment and Assumption of Development Agreement and Consent of City 4859-9214-6815 v1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: (Space Above For Recorder's Use) PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND CONSENT OF CITY THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND CONSENT OF CITY (this "Assignment") is made effective as of , 20 (the "Effective Date"), by and between SOMO VILLAGE, LLC, a Delaware limited liability company ("Assignor") and ____________________ ("Assignee"), with reference to the following: R E C I T A L S A. That certain real property described in Exhibit A, attached hereto and incorporated herein by reference, (the “Property”), is subject to that certain Amended and Restated Development Agreement entered by and between the City of Rohnert Park (“City’) and Assignor, which was recorded June 15, 2021, in the Official Records of Sonoma County, California as Document No. 2021070368 (the “Development Agreement”). B. Assignor entered into that certain Contract for Purchase and Sale and Escrow Instructions with Assignee, dated as of ______________ (the “Purchase Agreement”), pursuant to which, among other things, Assignor agreed to transfer and convey to Assignee all of Assignor’s rights in and to the portion of the Property described in Exhibit B attached hereto (the “Assigned Property”) and to assign to Assignee certain rights, and Assignee agreed to assume certain obligations, under the Development Agreement to the extent relating to the Property. That portion of the Property that is not the Assigned Property or has not been otherwise assigned by Assignor in accordance with the Development Agreement is referred to herein as the “Remaining Property.” NOW, THEREFORE, Assignor and Assignee agree as follows: 1. Assignment. For and in consideration of the mutual covenants and agreements contained in this Assignment, and other good and valuable consideration, the receipt and adequacy of which is acknowledged, Assignor assigns to Assignee, and Assignee assumes from Assignor, only the following rights and obligations (referred to herein as the “Assigned Rights and Obligations”) as these pertain to the Assigned Property: (a) [to be inserted] 4859-9214-6815 v1 (b) Assignee hereby acknowledges that the Assigned Rights and Obligations are subject to the timing and phasing of the development of the Property as set forth in the Development Agreement. 2. Remaining Obligations. Assignor acknowledges and agrees that it remains subject to all rights and obligations set forth in the Development Agreement, except the Assigned Rights and Obligations expressly set forth in Section 1 above as they pertain to the Assigned Property (the “Remaining Rights and Obligations”). The Remaining Obligations are set forth below and include obligations as to the Remaining Property and obligations that are fully retained by Assignor: (a) [to be inserted] (b) 3. Acceptance and Assumption. Assignee hereby accepts the assignment of the Assigned Rights and Obligations from Assignor, and assumes and agrees to perform all of the Assigned Rights and Obligations. 4. Further Assurances. Assignor hereby covenants that it will, at any time and from time to time upon written request therefor, execute and deliver to Assignee, its nominees, successors and/or assigns, any new or confirmatory instruments and do and perform any other acts which Assignee or its nominees, successors and/or assigns may request in order to fully transfer possession and control of, and protect the rights of Assignee and its successors and/or assigns in, all the rights, benefits and privileges intended to be transferred and assigned hereby. Assignee hereby covenants that it will, at any time and from time to time upon written request therefor, execute and deliver to Assignor, its nominees, successors and/or assigns, any new or confirmatory instruments and do and perform any other acts which Assignor or its nominees, successors and/or assigns may request in order to fully confirm and vest in Assignor and its successors and/or assigns in, all the obligations, rights, benefits and privileges intended to be transferred by the acceptance and assumption herein. 5. Successors. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. 7. Amendment. This Assignment may only be amended or modified by a written instrument executed by all of the parties hereto with the prior written consent of the City of Rohnert Park. 8. Governing Law. The validity, interpretation and performance of this Assignment shall be controlled by and construed under the laws of the State of California. 9. Attorneys’ Fees. Should any dispute arise between the parties hereto or their legal representatives, successors or assigns concerning any provision of this Assignment or the rights and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such other relief that may be granted, to receive from the other party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with such dispute. 10. Entire Agreement. This Assignment, together with the Purchase Agreement, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes all 4859-9214-6815 v1 prior understandings or agreements. In the event of any conflict between this Assignment and the Purchase Agreement, the terms of the Purchase Agreement shall govern and control. 11. Severability. If any term, covenant, condition or provision of this Assignment, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or otherwise by law rendered invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Assignment, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 12. Notices. All notices shall be in writing, and shall be given in the manner prescribed by Section 10.6 of the Development Agreement. Pursuant to Section 10.6 of the Development Agreement, the address for Assignee is: Attention: 14. Authority. Each individual executing this Assignment on behalf of a corporation or other legal entity represents and warrants that: (a) he or she is duly authorized to execute and deliver this Assignment on behalf of said corporation or other legal entity in accordance with and without violating the provisions of its governing documents, and (b) this Assignment is binding upon and enforceable against said corporation or other legal entity in accordance with its terms. Any entity signing this Assignment on behalf of a corporation or other legal entity hereby represents and warrants in its own capacity that it has full authority to do so on behalf of the corporation or other legal entity. (signature pages follow) 4859-9214-6815 v1 IN WITNESS WHEREOF, the parties have entered into this Assignment as of the Effective Date. ASSIGNOR: SOMO VILLAGE, LLC, a Delaware limited liability company By: Name: Its: ASSIGNEE: By: Name: Its: (signatures continue on following page) 4859-9214-6815 v1 CONSENT OF CITY The City hereby consents to the foregoing Partial Assignment and Assumption of Development Agreement, pursuant to Section 8.02 of the Development Agreement. CITY: City of Rohnert Park, a municipal corporation By: City Manager Approved as to Form: By: City Attorney Attest: By: City Clerk 4859-9214-6815 v1 ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On ____________ __, 20__ before me, , 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: (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. STATE OF CALIFORNIA ) COUNTY OF ) On ____________ __, 20__ before me, , 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: (seal) 4859-9214-6815 v1 Exhibit A [to be inserted] 4859-9214-6815 v1 Exhibit B [to be inserted] ITEM NO. 8.D. 1 Meeting Date: September 26, 2023 Department: Public Safety Submitted By: Chief Tim Mattos, Director of Public Safety Prepared By: Justin Wax, Sergeant and Kevin Kilgore, Deputy Chief Agenda Title: Authorize the City Manager or Designee to Enter a Professional Services Agreement with Cloverdale Tow for Evidence Impound Tow and Storage Services for a Period of Three (3) Years RECOMMENDED ACTION: Authorize the City Manager or designee to execute the Evidence Impound Tow and Storage Contract with Cloverdale Tow Company. BACKGROUND: The Rohnert Park Department of Public Safety does not maintain a contract with a tow company to accommodate evidence impound towing and storage for a vehicle determined to be evidence of a crime. ANALYSIS: The Rohnert Park Department of Public Safety investigates at least one case per year in which a vehicle is impounded and stored for evidentiary purposes. In prior years, the Rohnert Park Department of Public Safety has requested that evidence impounds be towed and stored by Yarbrough Brothers Towing in Santa Rosa, however, the City of Rohnert Park does not possess a contract with Yarbrough Brothers Towing. Yarbrough Brothers Towing has advised that they are unable to accommodate evidence impound tows and storage requests by the Rohnert Park Department of Public Safety due to it conflicting with an existing contract that they maintain with a different Sonoma County law enforcement agency. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: City Council’s Strategic Priorities include Police/Community Relations and Accountability. The Rohnert Park Department of Public Safety has not possessed a contract with a tow company capable of accommodating evidence impound tows and storage. Without such a contract, the Rohnert Park Department of Public Safety is not guaranteed ability to impound and store a vehicle of evidentiary value for a crime committed against a member of the community when a vehicle is evidence of such a crime. It is vital to have a procedure in place to ensure that the Rohnert Park Department of Public Safety is capable of preserving evidence in cases in which prosecution is possible. With such a procedure comes a contract with a tow company that can accommodate an evidentiary impound and storage. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 8.D. 2 OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends the Council approve the Evidence Impound Tow and Storage Contract with Cloverdale Tow because Cloverdale Tow can accommodate towing and storing vehicles determined to be evidence of crime by storing vehicles in a secure facility. Additionally, Cloverdale Tow possesses a tow contract with the Sonoma County District Attorney’s Office which states that upon filing charges in a criminal case involving an evidence impound, the Sonoma County District Attorney’s Office assumes financial responsibility for said vehicle(s). This provides a more efficient transition of financial responsibility from the City of Rohnert Park to the Sonoma County District Attorney’s Office. 2. Not Recommended: Staff does not recommend the Council to not approve Recommendation #1 because by doing so, the Rohnert Park Department of Public Safety would be left with no ability to tow and store a vehicle needing impounded for evidentiary purpose. Note: Staff considered utilizing a tow company located in closer proximity to Rohnert Park and did not recommend this option because the only other tow company in Sonoma County capable of accommodating evidence impounds does not have storage space for any additional law enforcement agencies. FISCAL IMPACT/FUNDING SOURCE: The maximum rates that Cloverdale Tow may charge for the towing and storage of a vehicle pursuant to the proposed contract are as follows: Storage (Outside) $25.00/day Storage (Inside) $25.00/day Commercial Storage (Medium or Heavy) $40.00/day After Hours Inspection $50.00/hour Service Call Police $150.00/hour Upon the Sonoma County District Attorney’s Office filing criminal charges related to a case involving a vehicle that is impounded and stored by the Rohnert Park Department of Public Safety, financial responsibility is assumed by the Sonoma County District Attorney’s Office pursuant to an existing contract between the Sonoma County District Attorney’s Office and Cloverdale Tow. A review of prior criminal cases from 2018-2023 in which vehicles were impounded and stored for evidence, it was determined that the average of days in which a vehicle was stored for evidence with the Rohnert Park Department of Public Safety maintaining financial responsibility was approximately seven (7) days. However, criminal cases vary and this timeframe is solely dependent on the circumstances surrounding each case. Although the amount of impounds and storage for evidence vehicles widely varies, this estimated average of evidence tows per year between 2018-2023 was approximately two (2) per year. With approximately two (2) evidence tows per year with the Rohnert Park Department of Public Safety maintaining financial responsibility of these vehicles for an average of seven (7) days, the estimated cost of evidence impounds and storage is approximately $175.00 in daily storage fee’s and approximately $300 in Service Call Police (Cloverdale Tow responding to retrieve a vehicle, transport the vehicle to their facility, and place the vehicle in their storage area). ITEM NO. 8.D. 3 This is rough estimate utilizing data available to the Rohnert Park Department of Public Safety based on current records possessed by the Records Bureau. Funding Source Information: Account Name: Police Department Contractual Services Account Number: 10003200-64000 Code Compliance Approval Date: N/A Department Head Approval Date: September 5, 2023 Finance Director Approval Date: September 5, 2023 Human Resources Approval Date: N/A City Attorney Approval Date: September 7, 2023 City Manager Approval Date: September 8, 2023 Attachments: 1. Proposed Contract with Cloverdale Tow PROFESSIONAL SERVICES AGREEMENT RE: Evidence Impound Tow and Storage Contract This AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is entered into as of the 10 day of October 2023, by and between the City of Rohnert Park ("City"), a California municipal corporation, and ADB Enterprise, LLC /Cloverdale Towing ("Contractor"), a limited liability company. Recitals WHEREAS, City desires to obtain Evidence Impound Tow and Storage services for; and WHEREAS, Contractor hereby warrants to City that Contractor is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain the Contractor 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. f nco rp orat ion 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. Evi dence Imp oun d Tow and storage service Coordination. Authorized representatives shall represent City and Contractor in all matters pertaining to this Agreement. A. City. The Director of Public Safety 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. Lieutenant Astley is hereby designated as the Contract Manager ("Contract Manager"). The Contract Manager shall supervise the progress and execution of this Agreement. B. Contractor. The Contractor shall assign Alex Berg to have overall responsibility for the progress and execution of this Agreement. 3. Scope an d P erformance of Serv ices A. Scope of Serv ices . Subject to such policy direction and approvals as the City through its staff may determine from time to time, Contractor shall perform the services set out in the "Scope of Work" attached hereto as Exhibit A and incorporated herein by reference. Page 1 of 20 OAK #4832-0705-4031 vl B. Standard of Quality . City relies upon the professional ability of Contractor as a material inducement to entering into this Agreement. All work performed by Contractor 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 Contractor's field of expertise. Contractor shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that the Contractor fails to make such a correction in a timely manner, City may make the correction and charge the cost thereof to Contractor. 4. Compensation and Meth od of Payment. A. Compensation . The compensation to be paid to Contractor, including payment for Evidence Impound Tow and storage services, shall be at the rate and schedules attached hereto as Exhibit A, and incorporated herein by reference. B. Timing of Payment. (1) Contractor 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 Contractor for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation . Contractor 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 Contractor. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Contractor shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Contractor 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. Page 2 of 20 D. Taxes. Contractor 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. Contractor 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. Contractor agrees to testify at City's request if litigation is brought against City in connection with contractor's work product. Unless the action is brought by Contractor or is based upon Contractor's negligence, City will compensate Contractor for the preparation and the testimony at Contractor's standard hourly rates, if requested by City and not part of the litigation brought by City against Contractor. 5. Term. This Agreement shall commence upon its execution by both parties and shall continue in full force and effect for three years, amended pursuant to Section 19, or otherwise terminated as provided herein. 6. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor 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 Contract Manager's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill the Agreement as prescribed. 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Contractor 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. Contractor 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. Contractor 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 Contractors. Specialists or Experts. Contractor will not employ or otherwise incur an obligation to pay other contractors, specialists or experts for services in connection with this Agreement without the prior written approval of the City. Page 3 of 20 9. Conflict of Interest Requirements. A. Contractor 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 Contractor's performance of services under this Agreement, or be affected in any manner or degree by performance of Contractor's services hereunder. Contractor 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. Contractor 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. Contractor is not a designated employee within the meamng of the Political Reform Act because Contractor: (1) will not have the power to make any governmental decision, including whether to: approve any rates, rules, regulations, policies, standards, or guidelines of the City or any of its subdivisions; adopt or enforce any laws; issue, deny, suspend, or revoke any permit, license, application, certificate, order, or any similar authorization or entitlement; authorize, modify, or renew any form of City contract; grant approval to any City contract specifications on behalf of the City; or grant City approval for any plans, designs, reports, or similar; and (2) will not participate in the making of any governmental decision in the equivalent of a staff capacity -for the purposes of this provision, "participating in a governmental decision" including providing information, an opinion, or a recommendation directly to any person at the City empowered to make a decision on behalf of the City without significant intervening substantive review; and (3) will not perform the same duties for the City that would otherwise be performed by a staff member required to report under the City's conflict of interest code. (2 Cal. Code Regs.§ 18700.3.) 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 Contractor or otherwise in the event of any default or breach of the City, or for any amount which may become due to Contractor 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. Page 4 of 20 A. Indemnification. To the fullest extent permitted by law, Contractor 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, Contractor 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 Contractor, or as may be provided by statute in Civil Code § 2782 .8, as may be amended from time to time. The only exception to Contractor'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 Contractor under worker's compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Contractor 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 Contractor's failure to comp! y with any of the terms of this Agreement. Contractor's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Contractor's inability to evaluate Liability, or because the Contractor evaluates Liability and determines that the Contractor is not or may not be liable. The Contractor 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 Contractor 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 Contractor 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 Contractor accepts the tender, whichever occurs first. Contractor agrees to fully reimburse all costs, including but not Page 5 of20 limited to attorney's fees and costs and fees of litigation incurred by the City in responding to matters prior to Contractor's acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Contractor, in the performance of the work and services agreed to be performed by Contractor, 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. Contractor 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, Contractor 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. Contractor, 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. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor 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 Contractor to practice its profession. City is not responsible or liable for Contractor 's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Contractor 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 Contractor certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing Wage. Contractor and Contractor's sub-Contractor (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. Contractor 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, Contractor and all sub- Contractor shall have acquired, at Contractor'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 Contractor until such time as Contractor complies with this section. Page 6 of20 14. Confidential In formation . All data, documents, discussions or other information developed or received by or for Contractor 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: Emp loyees A. Ass ignment. Contractor 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. Su bcontractors: Employees . Contractor shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Contractor shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Contractor, and Contractor agrees to be responsible for their performance. Contractor 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 Contractor fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance . Without limiting Contractor's indemnification provided herein, Contractor 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. Terminat ion of Agreement: Defa ult. 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 Contractor. B. If Contractor 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, Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Contractor 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, Contractor shall be entitled to any compensation owing to it hereunder up to the time of such Page 7 of20 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, Contractor shall turn over to the Director of Public Safety immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Contractor or its subcontractors, if any, or given to Contractor or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Contractor, 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 Contractor to perform any provision of this Agreement. Contractor will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Contractor shall not receive any payment for services or expenses incurred by Contractor by reason of such suspension. 19. Merger: Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Contractor 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 Contractor. All provisions of this Agreement are expressly made conditions. 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by this Agreement, Contractor shall immediately commence work to perform the services required in accordance with the schedule of work. In the event that the Agreement does not include a fixed schedule for completion of work, Contractor shall diligently prosecute all work until completion. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc . shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be Page 8 of20 deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. Ifto City: If to Contractor: City Clerk City of Rohnert Park -City Hall 130 Avram Avenue Rohnert Park, CA 94928 And: Lieutenant Keith Astley Rohnert Park Department of Public Safety 500 City Center Dr. Rohnert Park, CA 94928 Email: kastley@rpcity.org Debra or Alex Berg ADB Enterprise, LLC / Cloverdale Towing PO Box 277, Cloverdale, CA 95425 707-894-3323 Email: debbie@cloverdaletow.com 24. Contractor's Books and Records. A. Contractor 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 Contractor t's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. Page 9 of20 26. Equal Employment Opportunity. Contractor is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Contractor 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. Contractor 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. Contractor 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 Contractor 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 Contractor 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. Severabil ity. 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: B. Exhibit B: Scope of Work, Schedule of Performance and Fees Insurance Requirements 32. Ex ecution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Page 10 of 20 33. News Releases/Interviews. All Contractor and sub-Contractor 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 Contractor have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK By:----------- Tim Mattos, Director of Public Safety Date: -------- Per Purchasing Policy adopted by Resolution 2022- 052. "). ATTEST: By: ____________ _ City Clerk ADB ENTERPRISE/CLOVERDALE TOWING By: _____________ _ Title: ______________ _ Date : ______________ _ Page 11 of 20 EXHIBIT A Scope of Work SECTION 1 -SERVICES 1. Contractor agrees to provide towing and secure storage of property impounded as evidence to the Rohnert Park Department of Public Safety in accordance with this agreement. 2. The services shall be provided during a 24 hour, 7 days per week basis. 3. Detailed description of work to be performed: A. General Specifications a. Furnish all labor, materials, equipment, licenses, and/or permits necessary for completion of agreement for the Rohnert Park Department of Public Safety. b. Coordinate with the Rohnert Park Department of Public Safety before the start date of the Agreement to determine whether vehicles need to be transported from previous storage facility and if so, transport the vehicles within the first week of the Agreement. c. Respond to all calls as requested by the Rohnert Park Department of Public Safety in a timely manner and be available 24 hours, 7 days a week basis. d. Secure and be responsible for the safe keeping of vehicular evidence and any and all property within. Perform skilled recovery, clean up the scene and transport impounded vehicles to their facility. e. Contractor or subcontractor shall ensure employees do not place another vehicle or other collision scene debris on or within any vehicle impounded as evidence. Contractor or subcontractor shall not enter the vehicle without the express consent of the Rohnert Park Department of Public Safety scene manager. B. Contractor & Employees a. Contractor shall have a minimum of three (3) verifiable years of for-hire towing experience as an owner or principal or employ a full-time manager who possesses at least three (3) verifiable years of tow experience as an owner, principal, or full-time manager. If, during the term of this Agreement, the status of appointed manager changes or said manager ceases to be employed by the Contractor, this may be cause for cancellation of the Agreement. Exhibit A b. Contractor and all applicable employees shall have a Carrier Identification (CA) number and valid Motor Carrier Property (MCP) permit. In addition, Title 13, Section 1213, California Code of Regulations requires that records be maintained for hours of service. c. Contractor shall ensure that tow truck drivers providing service for the CHP under this Agreement have completed an approved tow truck driver training program within the past five (5) years. Acceptable tow truck driver training programs will be approved by the Tow Service Agreement Advisory Committee (TSAAC). The list is available from the Area tow officer. Documentation of completed tow truck driver training program shall be submitted with the CHP 234F, Tow Operator/Driver Information form (Attachment 1) to the Area tow officer. d. Tow truck drivers shall perform all towing, recovery and storage operations in the safest and most expedient manner possible. e. Tow truck drivers shall be at least eighteen (18) years of age and shall possess the proper class of license and endorsements for the towing vehicle and the vehicle being towed. All tow truck drivers shall be properly licensed in accordance with Section 12804.9 of the Vehicle Code (VC). f. Contractor and applicable employees shall be enrolled in the Employer Pull Notice (EPN) program. In the instance where a new employee is hired, Contractor will be granted a maximum of thirty (30) days to enroll the new employee in the EPN program. EPN s shall be signed and dated by the Contractor. Contractor shall maintain and be able to provide at all times a current list of drivers and a copy of the current EPN report, or in the case of newly hired drivers, proof of enrollment in the EPN program. g. Contractor employees shall wear an identifiable uniform ( either shirt and pants or coveralls) displaying the company name as well as the driver's name while performing services for the Rohnert Park Department of Public Safety. Employees must also wear safety vests or reflective clothing which meets California Code of Regulations, Title 8, Section 1598 and/or Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility (Performance Class 2 or 3 requirements of the ANSVISEA 107-2004). C. Tow Vehicles a. Contractor shall equip and maintain tow trucks to be used for services under this Agreement in accordance with the provisions set forth in the California Vehicle Code (VC), Title 13 of the California Code of Regulations (Title 13), these Specifications, and in a manner consistent with industry standards and practices. Exhibit A b. All tow trucks shall have recovery and wheel lift capabilities meeting these specifications and the most recent electronic version of the CHP 234B, Tow Truck Inspection Guide (Attachment 2). Class D tow trucks (if applicable) used exclusively for salvage and recovery operations are not required to possess wheel lift capabilities. A car carrier is exempt from the recovery, wheel lift, and boom capability requirements; however, the car carrier must be an additional unit and shall not be used for recovery. c. A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck may be cause for termination of the Agreement. This includes exceeding the tow truck's GVWR, front axle weight rating (FA WR), rear axle weight rating (RA WR), maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when towing. The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the FA WR or RA WR. d. Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Trucking Association (ATA) and truck manufacturers. Tow truck and car carrier classifications shall meet all applicable state and/or federal standards. e. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. f. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). The structural design of the recovery equipment must have a higher load capacity than the performance ratings. Winches shall conform to or exceed the specifications set fOl th by the Recovery Equipment Rating, Society of Automotive Engineers (SAE) Handbook, SAE 1706. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. g. All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions. h. The CHP shall provide for not less than one ( 1) annual inspection of all tow trucks at no charge to the Contractor. This annual inspection shall consist of a Level One inspection conducted by either a commercial enforcement officer or tow officer (see Attachment 3, CHP 407F, Safetynet Driver/Vehicle Inspection Report); and a tow truck inspection conducted by either a commercial enforcement officer or tow officer (see Attachment 2). Upon successful Exhibit A completion of the Level One inspection, a Commercial Vehicle Safety Alliance (CVSA) decal shall be issued. D. Response a. If Contractor is unable to respond within a reasonable time as selected by the Rohnert Park Department of Public Safety, a towing company on the City's rotation tow list that meets storage security specifications will be called. Contractor acknowledges that City is under no obligation to exclusively use Contractor's services. b. Only personnel and equipment requested shall respond to a Rohnert Park Department of Public Safety call. Nothing would preclude Contractor from responding to an incident to ascertain if additional assistance or equipment is required, however there shall be no additional charges for any personnel or equipment that are not requested or necessary to perform the required service. Should assistance be required, the Rohnert Park Department of Public Safety scene manager shall be notified. E. Storage Facility a. Contractor shall provide a location having adequate secure storage and shall be responsible for the vehicle and vehicle contents while in his/her possession. If Contractor shares storage area (property)with another business or businesses, Rohnert Park Department of Public Safety storage will be secured from said businesses. b. Secure storage is defined as a building with four ( 4) solid walls and a solid roof, or a fenced area (six foot minimum) with entire circumference topped with razor/barbed wire that would prevent an average adult from entering secured area) Secure area will have lockable entry/ exit doors. Rohnert Park Department of Public Safety representative has the right to request indoor storage and/or third-party storage . c. Contractor will secure vehicles from unauthorized persons ( employees and public). Access to vehicles will be limited to personnel authorized by the Rohnert Park Department of Public Safety. d. Contractor will ensure that stored vehicles will be protected from long-term effects of weather (snow, hail , salt, sand, etc.). e. Contractor's yard is required to be equipped with a safety-certified, automobile service station type auto lift. f. Any security breach by Contractor or Contractor's employees such as leaving the facility without fully securing all entrances or exits and arming the alarm system or allowing unauthorized access to the premises may result in Exhibit A immediate termination of the Agreement. Contractor will be notified by telephone and immediately followed by written notification. g. Contractor will not let visitors come into the building (including Rohnert Park Department of Public Safety employees) after the doors are locked. Building admittance is restricted to employees of Contractor who have been assigned to this location. h. Individuals who have not been assigned to perform services at this location (i.e., children, family members or friends of Contractor or Contractor's employees) are strictly forbidden from entering the building and secured areas when cleaning the building. Failure to adhere to this requirement will result in immediate termination of this Agreement. F. Inventory Contractor shall submit to the Rohnert Park Department of Public Safety a monthly report of all vehicles held in storage. In the event that no vehicles are stored, a response is still required. Failure to do so may result in cancellation of Agreement. G. Inspection of Evidence a. The Rohnert Park Department of Public Safety reserves the right to inspect vehicles upon a request to Contractor's representative with authorization from the Area commander, or on-duty supervisor. b. There shall be no additional charge(s) for moving (e.g., driving, towing, pushing, utilizing a forklift) a stored vehicle within the Contractor's storage facility. H. Notification & Release a. Contractor is advised that pursuant to Section 22852 of the California Vehicle Code, the agency directing the storage is required to notify the registered and legal owners of the vehicle. Therefore, Rohnert Park Department of Public Safety will notify the registered and legal owners of vehicles impounded as evidence. b. Upon notification by Rohnert Park Department of Public Safety that its financial responsibility has ended, Contractor shall terminate billing to City of Rohnert Park and begin billing as directed in Section 5, Financial Responsibility. c. Contractor shall strictly comply with all instructions for the release or retention of the impounded vehicle which are contained on the CHP 180, Vehicle Report. Failure to comply with this paragraph shall result in the following: i. First offense -written reprimand. Exhibit A 11. Second offense -termination of Agreement. This will not preclude Rohnert Park Department of Public Safety or the affected District Attorney from filing criminal charges against Contractor if appropriate. SECTION 2 -FEES A. TOWING AND STORAGE CHARGES The maximum rates which Contractor may charge for the towing and storage of a vehicle pursuant to this Agreement are as follows: Storage (Outside) Storage (Inside) Commercial Storage (Medium or Heavy) After Hours Inspection Service Call Police SECTION 3 -FINANCIAL RESPONSIBILITY $ 25.00/day $ 25.00/day $ 40.00/day $ 50.00/hour $ 150.00/hour 1. When vehicles and property are impounded as evidence for use in an investigation and possible prosecution of a crime, the City is financially responsible for towing, recovery and storage charges incurred from the initial seizure to the time criminal charges are filed by the District Attorney. The District Attorney of the county where the case is filed is financially responsible for charges from the time charges are filed until the case is adjudicated, pursuant to the District Attorney Office's independent agreement with Cloverdale Tow. City shall notify Contractor of the date(s) that criminal charges are filed by the District Attorney for any affected vehicles. Contractor shall not bill or charge City for any storage costs or fees after such date. 2. Storage rates charged to county as a result of vehicles stored under this Agreement shall not exceed the rates specified in this Agreement. 3. The registered owner is responsible for all storage charges incurred after the vehicle is released by the Rohnert Park Department of Public Safety. Refer to Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code for information regarding lien sales. City agrees to promptly notify Contractor ofrelease dates for vehicles, and Contractor agrees not to bill or charge City for any storage costs or fees after such date. 4. All towing, recovery and storage performed in accordance with the specifications in this Agreement shall not be charged to the vehicle owner or the vehicle owner's insurance company when the Rohnert Park Department of Public Safety is responsible for the charges as outlined in this Agreement. Exhibit B Exhibit A INSURANCE REQUIREMENTS for Contractor Services Agreement Contractor 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 Contractor, 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 ofno less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance ( at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used). Primary Coverage For any claims related to this contract, the Contractor t' 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 Exhibit B 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 Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor 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 Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Contractor 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. Exhibit B ITEM NO. 8.E. 1 Meeting Date: September 26, 2023 Submitted By: Cindy Bagley, Director of Community Services Prepared By: Chris Morgan, Management Analyst I Agenda Title: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Credo High School for Non-Exclusive Use of City Facilities RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an agreement between the City and Credo High School for non-exclusive use of City facilities. BACKGROUND: Credo High School (Credo) is a public waldorf high school located at Sonoma Mountain Village (SOMO) in Rohnert Park. Students at Credo come from Rohnert Park and surrounding areas. The leased location at SOMO does not have a gymnasium, sports fields or other facilities for athletic programs. Credo needs space to provide athletics for 17 different sports teams. Sports that require additional space include Soccer, Volleyball, Basketball, Softball, Baseball, Tennis and Swimming. The City has a Joint Use Agreement (JUA) with the Cotati-Rohnert Park Unified School District (School District) for shared use of City/School District. However, Credo is not part of the School District and are therefore not included in that agreement. Credo has used the Callinan Sports and Fitness Center (Sports Center) for basketball and volleyball as part an non-exclusive use agreement since August, 2017. That agreement expired at the end of the 2022 calendar year. During the five-year term of the expired agreement, Credo purchase a $10,000 scoreboard for the facility in exchange for $10,000 worth of practice time. Between 2017 and today, Credo athletics has expanded significantly to include many other sports. Credo has been applying through the standard City Council approved Parks and Facility Use Policy (Use Policy) for their additional needs and paying full price for that useTable 1 below summarizes the usage of Credo High School for a typical year. Table 1: Credo City Facility Usage 2021-2022 School Year SPORT FIELD/FACILITY DATES FREQUENCY AMOUNT Spring Soccer Maurice Fredericks Park Sundays May $300 Tennis Dorotea Park M-F Feb – May $260 Baseball Golis Park M-F Feb – May $1,819.50 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 Softball Golis and Sunrise Parks M,W,Th,F Feb – May $2,185.00 Soccer Maurice Fredericks and Sunrise Parks M-F Aug – Nov $3,587.50 Swimming1 Honeybee Pool Wednesdays Feb – May $808.50 Basketball Gold Ridge Rec Center M-F Sept – Mar $5,940.00 Basketball2 Callinan Sports Center M-F Nov – Mar $4,719.00 Volleyball2 Callinan Sports Center M-F Aug – Oct $2,791.25 TOTAL $22,410.75 1 This program is new for 2023 with this amount taken from this year’s expected invoice. 2 This amount includes all fees that would be due without the existing agreement that has provided Credo with no charge practice time. A challenge that Credo has encountered while applying for fields under the Use Policy is that their priority classification as a youth select program (allows player “cuts”) can impact their ability to get the fields needed for their seasons. By policy, resident recreational programs have a higher priority and tend to use a vast majority of the available field space. Credo has been able to mitigate this problem for the time being through cooperation from the resident recreational leagues. This does, however, remain a point of concern for Credo’s athletic programs moving into the future. Based upon the success of the last agreement and the expansion of their sports programs, Credo is interested in entering into a similar agreement as the one that has recently expired. The proposed agreement would include provisions guaranteeing Credo access to priority use of field and facility time. It would also elaborate on parameters for Credo to provide funding for capital improvements, such as the scoreboard provided in the prior agreement, in exchange for credit toward facility use fees. ANALYSIS: The proposed agreement provides opportunities for the City to leverage its facilities with a long- term commitment to provide a number of benefits to both the City and Credo. Summary of proposed agreement: • Capital improvements for City parks and Facilities in exchange for use credit – The agreement allows Credo to propose projects for improvement to the facilities that the school will fund in exchange for credit toward usage fees. These projects must be approved by the City and be of benefit to all users of the improved facility. • How credits would be used – Upon completion, approved projects would provide Credo with a credit over time toward their rental fees equal to the value of the improvement provided. Each year of the agreement the credit could be used for up to 50% of the expected annual fees, charged at current approved rates. Any remaining credit would be extended into the next year. See the example in Table 2 below. 3 Table 2: Example fee credit usage Sample represents a $40,000 Project Annual Rental Fees Credit Used Fees Due Credit Remaining Year 1 $22,000 $11,000 $11,000 $29,000 Year 2 $23,000 $11,500 $11,500 $17,500 Year 3 $24,000 $12,000 $12,000 $5,500 Year 4 $25,000 $5,500 $19,500 $0 The 50% limit will protect the City’s General Fund by assuring that some fees are still paid each year. • 10-year agreement – A 10-year agreement provides security for Credo to continue its athletic programs and provides opportunities to partner on longer-term capital improvement projects. If there are no proposed projects, this agreement in its most basic form provides students that attend school in Rohnert Park priority use of City athletic facilities. • City facility improvement project flexibility – The City is currently in discussion with Credo regarding the type of projects they are interested in funding. Some examples include new bleachers for the Sports Center, a scoreboard for Golis Park, and upgrades to Sunrise Park’s soccer goals. The agreement does not define projects, but dictates how projects should be proposed and approved. • Guarantee of facility use for school athletics on a limited basis – The proposed agreement sets a minimum commitment of guaranteed use of City facilities based on Credo’s current usage. Staff do not anticipate a negative impact on existing users. • Fundraising opportunity for Credo – In order to raise funds, Credo has expressed interest in displaying advertising at the City facilities used as part of the proposed agreement. In addition, Credo requested the ability to display banners celebrating athletic achievements. Both of the requests violate the City’s banner policy and requires City Council approval. The proposed agreement outlines parameters for the ability to display limited temporary signage at specific facilities, only during the primary season of play as follows: Proposed locations for signage o Golis Park Baseball Field Outfield Fence – Up to twelve, 4’x8’ signs, baseball season only. o Golis Park Baseball Field Backstop – A single 4’x8’ sign on each side of the backstop that must not limit visibility from the stands, baseball season only. o Golis Park Baseball Field First Base Line – A single 4’x8’ sign along with any league championship banners, baseball season only. o Dorotea Park Softball Field Backstop– Up to four 4’x8’ banners placed that must not limit view from the stands, softball season only. 4 o Dorotea Park Tennis Courts – No more than two 4’x8’ banners, tennis season only o All other fields and facilities – These are not covered under this agreement but school may post banners during their events which must be taken down at the end of the day. The City also reserves the right to alter or amend the above list of approved facilities at any time. All banners posted at City facilities must be approved by the City before posting and must be attached securely to existing structures. Content of the signs are governed by the same terms and conditions used for non-profits that post signs on the 101 or Snyder Lane Digital Billboard Policy (Attachment 2). • Temporary Storage and Concession Stands – The proposed agreement outlines terms and conditions to allow Credo to use existing concessions stands and temporary storage at City parks. Between school and athletic participation, non-resident athletes that attend Credo spend more time in Rohnert Park than their hometowns. Based on the significant community benefit, Staff recommend approving an agreement with Credo. OPTIONS CONSIDERED 1. Option 1: City Council could approve the agreement with Credo High School as proposed. Doing so would enter the City into a 10-year non-exclusive use agreement with Credo High School providing stability for Credo’s athletic programs and opportunities to fund improvements to City facilities for the use of Credo and the public. Staff recommends this option. 2. Option 2: City Council could direct staff to continue negotiating specific elements of the agreement as proposed. This direction would require staff to resume negotiation with Credo High School and return to City Council at a later date to review a revised proposed agreement. Doing so would cause a delay in implementing this agreement and starting on projects for the benefit of the City and Credo. Staff does not recommend this option. 3. Option 3: City Council could choose not to approve the agreement with Credo High School. Doing so would allow Credo to continue using facilities under current facility use policies and fees. This could jeopardize Credo’s ability to continue their athletic programs and force them to either cancel programs or find alternate facilities, resulting in a reduction in rental revenue for the City. This would also remove the opportunity for the City to partner with Credo to improve City athletic facilities. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE Executing this agreement could provide an estimated $22,000 in annual revenue for the next ten years. There is potential that this amount could be reduced by up to half if Credo funds capital improvement projects in City facilities. However, the value of improved amenities are higher than the loss of revenue. 5 Department Head Approval Date: 9/18/2023 C. Bagley Finance Director Approval Date: N/A L. Tacata City Attorney Approval Date: 6/5/2023 S. Rudin City Manager Approval Date: 9/19/2023 D. Schwartz Attachments: 1. Resolution 2023-073 2. Proposed Agreement between the City and Credo High School RESOLUTION NO. 2023-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT WITH CREDO HIGH SCHOOL FOR NON-EXCLUSIVE USE OF CITY FACILITIES AND SPORTS FIELDS WHEREAS the City of Rohnert Park (City) owns the properties located at: • 5405 Snyder Lane – Callinan Sports and Fitness Center • 1455 Golf Course Drive – Gold Ridge Recreation Center • 1450 Golf Course Drive – Golis Park • 1600 Wisdom Lane – Maurice Fredericks Park • 895 Santa Dorotea Circle – Dorotea Park • 5301 Snyder Lane – Sunrise Park WHEREAS, Credo High School (Credo) is a Rohnert Park Charter High School located at SOMO Village, 1300 Valley House Drive #100; and WHEREAS, SOMO Village does not have athletic facilities to accommodate Credo’s competitive sports programs; and WHEREAS, the City desires to provide sports facilities to Credo in exchange for rental fees; and WHEREAS, the City will waive up to fifty percent of the annual rental fees in exchange for Credo funding capital improvements to certain City sports fields or facilities equal to the cost of improvement; and WHEREAS, the City will provide Credo with scheduling prioritization equal to that of local non-competitive youth sports organizations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between Credo High School, a Charter Waldorf High School, and the City of Rohnert Park, a municipal corporation, for non- exclusive use of sports fields and facilities. BE IT FURTHER RESOLVED that the City Manager, or her designee, is hereby authorized and directed to take all actions to effectuate this agreement 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,” subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 26th day of September, 2023. CITY OF ROHNERT PARK ____________________________________ Samantha Rodriguez, Mayor Resolution 2023-073 Page 2 of 2 ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A ELWARD: _________ GIUDICE: _________SANBORN: _________ HOLLINGSWORTH ADAMS: _________ RODRIGUEZ: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ROHNERT PARK NON-EXCLUSIVE LICENSE AGREEMENT WITH CREDO HIGH SCHOOL FOR USE OF ROHNERT PARK CITY FACILITIES AND FIELDS This Non-Exclusive License Agreement ("Agreement") is made and entered into as of June 1, 2023 ("Effective Date") by and between the City of Rohnert Park ("City") and Credo High School ("School"). City and Credo are referred to herein collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, the School desires to use City facilities to for the benefit of athletic programs for their student body; and, WHERAS , the City desires to through partnership maintain facilities for the benefit of permitted users and the general public; and, WHEREAS, the School desires partnership with the City to provide maintenance and upgrades to facilities to meet standards for high school athletics; NOW, THEREFORE, For good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1. PE RMITTED U SE AND LI CENSE City grants to School a revocable, personal, non-exclusive and non-possessory privilege and license ("License") to enter upon and use of facilities identified in Exhibit "A" and incorporated herein, for the limited purpose and subject to the terms , conditions and restrictions set forth herein. School may enter upon and use the License Area solely for purposes of providing athletic programs to the School's student body. This Agreement gives the School a License only and notwithstanding anything to the contrary herein , this License does not constitute a grant by City of any ownership, leasehold, easement or other property interest or estate whatsoever in the License Area, or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws. Without limiting the foregoing, this License is subject and subordinate to all existing documents and instruments of record affecting the City property. School must secure all additional 1 1 1 . I necessary approvals, permits and consents, and deliver all necessary notices, before commencing work or activities in the License Area, including any approvals, permits, consents or notices required from or to City or any other agency. School covenants and agrees, for the benefit of City, that School shall fully comply with the terms and conditions of any rules and regulations promulgated by City as they apply to any work or activities to be performed or temporary facilities to be installed by School on the License Area pursuant to this Agreement, and City shall have no responsibility or liability of any kind with respect thereto . City reserves the right to use the License Area in common with School, as long as such use does not materially interfere with School's Activities within the License Area during times granted by the License as identified by schedule of use in exhibit A. This includes without limitation, leasing, subleasing and granting of additional licenses for the License Area. School shall, at its expense, conduct and cause to be conducted all activities on the License Area allowed hereunder in a safe and reasonable manner and in compliance with all laws, ordinances, requirement, policies and standards of City and all other governmental or other regulatory authorities with jurisdiction and authority over the License Area and the Activities (including, without limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. School shall, at its sole expense, procure and maintain in force at all times during its use of the License Area any and all business, health and other licenses, permits or approvals necessary to conduct the activities allowed hereunder. School understands and agrees that City is entering into this Agreement in its capacity as a property owner with a proprietary interest in the License Area and not as a regulatory agency with police powers. School further understands and agrees that no approval by City for purposes of this Agreement shall be deemed to constitute approval of any other federal, state, or other local regulatory authority with jurisdiction, and nothing herein shall limit School's obligation to obtain all such regulatory approvals at County's sole cost, or limit in any way City's exercise of its police powers. The license herein granted is personal to School and no right hereunder may be assigned, sublet, or otherwise transferred in whole or in part without the prior written consent of City, and any attempt to assign, sublet or transfer shall be of no force or effect whatsoever unless and until City shall have given its written consent thereto. City may withhold its consent for any reason. 2 2. TERM The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2033 ("Expiration Date"), unless sooner terminated pursuant to Section 3 below. At the end of the initial term, this agreement will automatically renew itself from month to month unless terminated pursuant to the terms below. 3. TERMINATION If School fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement for cause immediately upon written notice. School may terminate the Agreement at any time, with or without cause, upon 30 days written notice to the City. In event of termination under this Section, School shall not be entitled to any monetary compensation in any form whatsoever, nor shall it be entitled to any further services from the City, other than a reduction for future rental fees under the terms as set forth in Paragraph 14. 4. NOTICES All notices under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows: (a) When delivered by first class mail , postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States mail; (b) When mailed by certified mail with return receipt requested, notice shall be effective upon receipt of delivery is confirmed by a return receipt; ( c) When personally delivered to the recipient , notice shall be deemed delivered on the date personally delivered. The place of delivery of all notices under this Agreement shall be as follows; City: School: City Manager City of Rohnert Park 130 Avram Ave, Rohnert Park, CA 94928 (707) 588-2226 TITLE Credo High School xxxx (707) XXX-XXXX 5. AS IS CONDITION OF LI CENSE AREA: DISCLAIMER 3 :: ; School accepts the License Area in its "AS IS" condition, without representation or warranty of any kind by City, its officers, agents or employees, and subject to all applicable laws, rules and ordinances governing the use of the License Area. Without limiting the foregoing, this License is made subject to any and all existing and future covenants, conditions, restrictions, easements, encumbrances and other title matters affecting the License Area, whether foreseen or unforeseen, and whether such matters are ofrecord or would be disclosed by an accurate inspection or survey. 6. NO COST TO CITY School shall bear all costs and expenses of any kind or nature in connection with its use of the License Area, and shall keep the License Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the License Area. 7. INSURANCE During the Term of this Agreement, School shall obtain and maintain insurance covering claims for injuries to persons or damage to property which may arise out of or in connection with use of License Area by County or County's contractors or agents, as set forth in Exhibit "B". The insurance carrier shall maintain an A.M. Best rating of not less than A-: VII. 8. INDEMNIFICATION To the fullest extent permitted by law, School shall indemnify, defend, reimburse and hold harmless City, its elected and appointed officers, agents, employees and contractors, and each of them (collectively, the "Indemnified Parties"), from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, "Claims"), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the City Property, or any part thereof, whether such injury, death, damage or destruction is caused by the person or property of School, its officers, directors, members, employees, agents, consultants, contractors or subcontractors (collectively, "Agents"), its invitees, guests or business visitors ( collectively, "Invitees"), or third persons, relating to any use or activity under this Agreement; (b) any failure by School to faithfully observe or perform any of the terms, covenants or conditions of this Agreement, including but not limited any applicable requirements related to prevailing wage laws or requirements under the Labor Code; ( c) the use of the License Area or any activities conducted thereon by School, its Agents or Invitees; or ( d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by School, its Agents or Invitees, on, in, under or about the City Property, any improvements or into the environment; except solely to the extent of Claims resulting directly from the sole negligence or willful misconduct of City or City's authorized representatives. In addition to School's obligation to indemnify City, School specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any Claim that actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to School by City and continues 4 at all times thereafter. The foregoing indemnity shall include, without limitation, reasonable attorneys', experts' and consultants' fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by the indemnified parties, including, without limitation, damages for decrease in the value of the City Property and claims for damages or decreases in the value of adjoining property. City and City Indemnified Parties shall have no liability to School or any School party (including School's officers, employees, and contractors) as the result of damage or loss to property or injury to or death of any such person arising directly or indirectly from the Activities conducted pursuant to this Agreement, except for damages to School property caused by the sole negligence or willful misconduct of City. The parties intend that damages and/or costs and all other terms implying an amount tied to liability shall include consequential damages. The amount and type of insurance coverage requirements set forth in this Agreement will in no way be construed as limiting the scope of the School's indemnity in this Section. The obligations pursuant to this Section 8 shall survive the expiration or earlier termination of this Agreement. 9. INTEGRATION This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. No representations, oral agreements, or inducements have been made by either of the Parties, except as expressly set forth herein. This Agreement may not be changed, modified, or rescinded except by written amendment signed by both Parties. 10. SEVERABILITY Should any part of this Agreement be determined to be unenforceable, invalid or illegal, such determination shall not affect the validity of the remainder of the Agreement, which shall continue in full force and effect. 11. USE FEES For use of the facilities outlined in Exhibit A, School agrees to pay fees equal to the hourly rate of such facilities as described in City's currently adopted Recreation Facility and Program Fee Schedule ("Use Fees"). Fees shall be assessed and due at the conclusion of each School Year (June) for the prior year's use. 12. PERMITTED USE The Licensed Area shall be used as a recreation facility for conducting sports activities and School shall not have the privilege of using the premises for any other purpose without the prior written consent of City. Scheduling of events for the Facilities shall be at the discretion of City and as laid out in Exhibit A. Outdoor Facilities must remain open 5 to public access when not being used by School and may not be locked or closed without written permission from City. 13. REPAIR OF DAMAGE If any portion of the License Area or any personal property of City located on or about the License Area is damaged or threatened by any of the activities conducted by School or anyone acting by or through School hereunder, School shall immediately, at its sole cost, notify City by electronic mail of such damage or threat. City may, but shall not be obligated, to remedy such damage or threat at School's sole cost, or City may elect to witness School's repair work. In the event City elects not to remedy such damage or threat, School shall repair any and all such damage and restore the License Area or property to its previous condition subject to City's inspection, review and approval. City has no responsibility or liability of any kind with respect to any utilities that may be on, in or under the License Area. 14. FACILITY UPGRADES & CREDIT TOW ARDS USE FEES For the duration of this Agreement, the School may propose to complete upgrades to existing facilities in licensed areas, including but not limited to fixtures, field turf, bleachers, or other mutually agreed improvements ("Improvements"), in exchange for receiving credit toward Use Fees charged to School as set forth in Paragraph 11. The decision as to whether to allow any Improvements under this paragraph shall rest with the City, and the City may reject any offer to make proposed Improvements under this section in its sole discretion, with or without cause. The amount of credit provided towards use fees shall be agreed to in writing prior to the City's approval of any Improvement. School shall provide reasonable information, as requested by City, to demonstrate improvements provided under this section are contracted for at a reasonable price using a competitive procurement, including at the City's discretion, bidding. Credit towards use fees for any Improvements shall be: (1) only available after completion of the Improvement and acceptance by the City, and (2) only allowed as an offset towards use fees actually charged, and (3) only valid during the duration of the Agreement, and ( 4) limited to the agreed upon credit amount approved in writing prior to the commencement of construction. Additionally, School shall not be entitled to receive a credit towards more than 50% of the use fees due in any given fiscal year, however, any unused credit amount may be carried over to usage fees imposed in a subsequent fiscal year during the term of the Agreement. 6 Any Improvement must be approved in writing by the City Manager, and may be subject to additional requirements and conditions depending on the nature of the work performed. As part of performing any Improvements, School agrees to all of the following: (1) School shall comply with, and ensure that its contractors comply with, all applicable prevailing wage requirements, as set for in Labor Code section 1720 et seq., and any applicable requirements related to public works projects that may apply to the construction of the Improvements, including but not limited to DIR registration and reporting, certified payroll, and apprenticeship rules; (2) School shall provide, or ensure its contractor provides, payment bonds meeting requirements in Civil Code 9550 et seq., for any Improvements involving an expenditure of over $25,000; and (3) School shall promptly discharge any liens that may be filed, or attempted to be filed against any City property. School agrees that no compensation will be due to School by virtue of undertaking or completing any Improvement, and School hereby waives any right to compensation and hereby covenants not to sue City, its elected and appointed officers, employees, and volunteers, with respect to any Improvement In order for any such facility upgrades to be eligible for credit the proposed Improvement must provide a benefit to not only the School but also the City, and the citizens of Rohnert Park. Upgrades for the sole use of School shall not be eligible for credit. All Improvements made to City property become the property of the City once accepted by the City. 15. CONCESSION STANDS Part of the License Area may include the use of concession stands. Upon written approval of the City the School may have non-exclusive use of these facilities for serving concession only during School athletic events subject to all other terms outlined in this agreement. School shall provide a copy of all health permits required and obtained as part of their usage. The City shall not be responsible for any damage or loss of property arising out of use or storage in these facilities. 16. TEMPORARY FACILITY SIGNAGE This agreement provides permission for the School to place a limited number of signs and banners at licensed facilities. These signs may include organization signs (signs with school's name, championship pennants, etc.) and a limited number of sponsorship signs for purposes of raising funds for School athletics. Signs placed in facilities shall be limited to the season in which the School is using the facility and must be removed once usage for the season is done. 7 Signs are approved only in the following locations A. Golis Park Baseball Field Outfield Fence-One 4'x8' may be placed in each section of the fence, maximum of 12 signs. B. Golis Park Baseball Field Backstop-A 4'x8' banner may be placed on either side of the backstop but must not limit visibility from the stands. C. Golis Park Baseball Field First Base Line-One 4'x8' banner may be placed here along with any league championship pennants. D. Golis Park Softball Field Backstop and Fencing-No more than 4, 4'x8' banners may be placed on the fencing and must be placed high enough to not obstruct view of the field by spectators and players. League championship pennants may be placed here as well. E. Dorotea Park Tennis Court-No more than 2, 4'x8' banners may be placed on the courts City reserves the right to alter or amend this list at any time. School shall provide a City with a list of banners for approval at the start of each season prior to placement. No banner or flag shall be approved that displays any message that in the judgement of the City: i. is false, misleading, or deceptive; ii. promotes the sale or use of tobacco products, or medical marijuana, whether directly or indirectly, provided that advertising for hydroponics shall not be deemed indirect promotion of marijuana; iii. promotes the sale of alcoholic beverages-;- iv. depicts violence or anti-social behavior or relates to illegal activity; v. contains "obscene matter," as that term is defined in California Penal Code section 311 on the Effective Date, or promotes adult entertainment; vi. promotes or opposes a candidate for public office or promotes or opposes a ballot measure; vii. holds a person or group of persons up to public ridicule, derision, or embarrassment, or defames a person or group of persons; or viii. contains language that is obscene, vulgar, profane, or scatological, or that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order. School shall provide high quality signs and banners that must not damage any existing structures and that are removable. Signs cannot interfere with any other existing signage 8 or regular usage of the facility. City is not responsible for any loss or damage to signs. Any damaged signs must be promptly repaired or removed by the School. 17. TEMPORARY STORAGE School shall be permitted to place a limited number of temporary storage facilities (containers) on City property for the sole use of storage of required supplies for field maintenance and upkeep. Placement of any new storage container shall be at the sole discretion of the City. City may also at its sole discretion require the removal of any of these containers. School is responsible for all upkeep of these facilities. It is the expectation that these containers remain in good working order, free of graffiti and do not negatively impact the aesthetics of the park. City is not responsible for any property lost, stolen or damaged from these containers. School may also be granted use of onsite City storage sheds. These facilities are to be kept up by the School for the duration of usage. These facilities are to be returned to the City in the condition received at the concussion of each season. 18. KEYS AND FACILITY ACCESS City shall provide either a key or a staff person to provide access to all facilities licensed during the time of use. Should keys be checked out or issued School is responsible for returning them in a timely manner. School shall not make copies of any keys issued. School shall provide current keys to all storage facilities (containers) on City property. These keys shall be used only in case of emergency. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their duly authorized officers, as of the date first set forth above. 9 EXHIBIT A LICENSE AREA AND SCHEDULE OF USE The License Area includes the following parks and facilities : 1. Callinan Sports and Fitness Center Main Gymnasium, 5405 Snyder Lane 2. Gold Ridge Recreation Center, 1455 Golf Course Drive 3. Golis Park Baseball Field, and Concession Stand, 1450 Golf Course Drive 4. Maurice Fredricks Park Soccer Field, 1600 Wisdom Lane 5. Dorotea Park Tennis Courts and Softball Field, 895 Santa Dorotea Circle 6. Sunrise Park Soccer Field 5201 Snyder Lane 7. Honeybee Pool, 1170 Golf Course Drive Schedule of Use 1. Callinan Sports and Fitness Center Gymnasium a. Girls Volleyball -Two hours per day, Monday through Friday from August through October. Game days of up to 6 hours each September through October. b. Boys Volleyball-Two hours per day, Monday and Wednesdays from March through May. Game days ofup to 4 hours each March through May. c. Basketball -Two hours per day, Monday through Friday from November through March . Game days ofup to 6 hours each December through March. 2. Gold Ridge Recreation Center a. Basketball -Two hours per day, Monday through Friday from November through March. 3. Golis Park a. Baseball Field -Monday through Friday 4-6pm from February through May . Game days 3-6:00pm b. Softball Field (Practice)-Monday through Friday 4-6pm, February through May. 4. Maurice Fredrick's Park a. Soccer (Practice)-Monday through Friday 4-6pm, August through November 5. Dorotrea Park a. Tennis -Monday through Friday 4-6pm, March through May. b. Softball Field -Monday through Friday 4-6pm, February through May. 6. Sunrise Park Soccer and Softball Fields a. Soccer (Games)-Up to 20 home games per year August through November. Single games 3-6:30pm, double headers 3-9pm. 7. Honeybee Pool (or equivalent facility) a. Swimming -Pool time shall be requested to the City no later than 60 days prior to the season. City shall respond within 10 business days with availability based upon staffing and other programing. Additional schedules may be added to this list by mutual agreement. Additional one-time facility uses may be requested subject to all standard fees and facility use prioritization. Applications and Av a ilability. City shall make its best effort to ensure facilities and times listed above are available for the use of the School's athletic programs. To ensure such availability and priority scheduling, School shall be responsible for filling out an Application for Use of City Facility for all uses by the deadline provided all users of City Facilities by standard operating procedure. By policy, applications shall be accepted up to a year in advance. 11 School shall adhere to the terms and conditions set forth in the Facility User Agreement and any other policies or requirements that the City generally applies to rental users of City property, as such requirements may be updated from time to time. 12 EXHIBIT B INSURANCE REQUIREMENTS School shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the School's use of the License Area and the activities of the School, its contractor(s), guests, agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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 $5,000,000. 2. Sexual Abuse or Molestation (SAM) Liability: If the activity includes contact with minors. and the COL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. Prior to use of facilities. the user shall furnish the City with certi ticates. additional insured endorsements , and waivers of subrogation evidencing compliance with the insurance requirements above. Any failure to comply with reporting provisions of the policies by User shall not affect coverage provided the City. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or iflnstructor has no owned autos, Code 8 (hired) and 9 (nonowned), with limits 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. (Note -required only iflnstructor has employees). If the School 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 School. 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 the rental of the facility, work or operations performed by or on behalf of the School including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the School's insurance (at least as broad as ISO Form CG 20 10 13 ITEM NO. 9.A. 1 Meeting Date: September 26, 2023 Department: Administration Submitted By: Marcela Piedra, City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Receive an Update on the Progress in 2023-2024 City Council Focus Areas RECOMMENDED ACTION: Receive an update and provide direction if needed regarding 2023 and 2024 City Council Focus Areas. BACKGROUND: In April of this year the City Council approved nine Focus Areas. These represent your priorities for 2023 and 2024, developed in a workshop held in February. Staff committed to bring a progress report on the Council’s goals to you in late summer or early fall; this is that progress report. The Council’s top three high-level priorities included: 1. Making progress on the downtown development. 2. Continuing to promote financial and organizational health. 3. Invest in infrastructure and beautification. Other priorities included: 4. Explore and provide equitable services and resources to all neighborhoods. 5. Continue to provide services to the unhoused. 6. Enhance the community’s relationship with Public Safety. 7. Complete the General Plan and integrate climate change. 8. Attract and retain staff. 9. Memorable community experiences for all. As with other organizations, having clear goals and priorities provide focus and increase the likelihood of success. Without focus, all issues can become equally important and, as the saying goes, “If everything is important, then nothing is important.” ANALYSIS: Attachment A summarizes progress on the Council’s goals. We have made good progress on many projects, while it is slower than we would like in some instances. Also, some projects have yet to start, and others are planned to start in 2024 and 2025. Staff will present highlights of Attachment A during a presentation at the City Council meeting. 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. 9.A. 2 The Council agreed in April to hold off considering any new initiatives until the next goal setting cycle, which will occur early in 2024. The possible exception would be if staff has the capacity to take on more projects. Staff does not have that capacity. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This item reflects the Council’s priorities. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends that the Council accept this report. 2. Alternative: The City Council can change its priorities, and/or adjust projects within focus areas. 3. Alternative: Staff also considered adding projects but does not recommend doing so as current resources are fully occupied. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to accepting this report or providing direction to pursue other priorities. Changing priorities could require reallocating funds. Code Compliance Approval Date: N/A Department Head Approval Date: N/A Finance Approval Date: N/A Human Resources Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 09/08/2023 Attachments 1. Focus Areas Spreadsheet ID Council Goals and Supportive Initiatives 2023 2024 2025 Lead Department(s)Supporting Department(s)Milestones, Progress, Comments Keep public informed on downtown project U O O City Manager Using City communications tools (website, social media, Community Voice columns, etc.) to keep public informed Communicate with (prospective) developers and business community U O O City Manager Dev Services, Public Works Staff has met with numerous prospective developers and businesses interested in locating downtown Apply for funding to support downtown development U O O City Manager Dev Services, Public Works, Comm Svces Exploring loan and grant options Develop/Issue Request for Qualifications or Proposals U/X City Manager Dev Services, Public Works Expected to be released by December. Contract with Developer(s) to develop 6400 State Farm Drive P O City Manager Dev Services, Public Works, Finance Coordinate/manage developer(s) efforts P O City Manager and Dev Serv Public Works and Finance Develop interim use strategy/plan U O O City Manager and Comm Serv Holding occassional events on the property Consolidate park-in-lieu fees into special revenue fund for downtown park P/X City Manager and Finance Public Works and Dev Services Expand Corporation Yard P O O Public Works City Manager RFP for design to be advertised in fall 2023 Revive economic development efforts to attract new businesses, particularly providing data to assist retailers U O O City Manager Funding approved in budget; Economic Development Senior Analyst starting soon; website updated with curernt information Adopt balanced budget C O O City Manager Finance Completed Maintain reserves at sustainable and reasonable level O O O City Manager Finance Establish practices that track funding and progress in addressing backlog of deferred maintance and continued level of maintenance for City buildings. P O O Finance Public Works Overlaps with similar items under "Invest in Infrastructure, maintenance, and beautifcation" below; see that item Provide training to leverage investment in new financial system and reporting U O O Finance Have started next level of training on Munis-ERP Leverage grant funding for as much infrastructure replacement as is feasible with staffing resources O O O Public Works Finance Public Works looks for grant opportunities on an on- going basis. Mitigate lost revenue in utility billing with staff and/or programs dedicated to data review and processing P O O Finance and Public Works Completed bench testing and analysis of current meters. Working to secure consultant to identify and negotiate with meter vendor and implemet AMI O = On-going practice; U = Initiative is underway now; P = Initiative is planned; X = Initiative expected to be completed Make progress on downtown 2023-2024 ROHNERT PARK FOCUS AREAS AND INITIATIVES Promote financial health Invest in Infrastructure maintenance and beautification ID Council Goals and Supportive Initiatives 2023 2024 2025 Lead Department(s)Supporting Department(s)Milestones, Progress, Comments Develop and implement a plan and funding strategy to address deferred maintenance in City buildings P O O Public Works Finance A Building Condition Assessment has been completed for all City-owned buildings. Public Works will be drafting an RFP for a consultant to assist in creating a funding strategy to address the deferred maintenance items. Develop and implement a plan and funding strategy to track and replace building components as they are replaced. P O O Public Works Finance The 5-Year CIP Budget includes Project 1927 which adds funding each year to repair or replace building components as they fail. Develop a prioritized city-maintained sidewalk replacement program U X Public Works Dev Services Public Works has contracted with AMS Consulting to conduct a sidewalk condition assessment. The report will help the City prioritze replacement of sidewalk. The 5-year CIP Budget includes funding to add $200,000 each year towards sidewalk repair and replacement. Perform updated sewer and water rate studies that account for all new infrastructure replacement projects U X Finance Public Works Sewer rate study in progress. Reviewing proposal for water rate study. Stay on track with pavement preservation 5-year program for our roads U O O Public Works The 5-Year CIP Budget includes funding for pavement maintenance that complies with the approved Pavement Management Plan. Develop maintenance plan for parks and plan for funding amenity and infrastructure replacements P X Public Works Community Services Pending completion of Parks and Recreation Master Plan Support Casino expansion with numerous traffic- related improvements P O O Public Works Dev Services The 5-Year CIP Budget includes funding for 4 new traffic improvement projects. An RFP for design of the project is anticipated in winter 2023 Establish Health and Human Services Hub U O O City Manager Public Works Exploring possible changes to the site with Rohnert Park Health Center Outreach to neighborhoods, including regional/neighborhood meetings or focus groups U O O City Clerk All Held first District 1 Town Hall Meeting and a community meeting regarding parking issues in A Section. Community meetings in other districts will be held in 2024 Secure additional funding to sustain and/or increase services for the unhoused U O O Dev Serv City Manager Awarded $384,000 in County Measure O funds, obtained access to 2 additional county Housing Authority vouchers to support people in Master Lease PSH program. Continuing to seek other grants to provide services for the unhoused. Provide equitable services to all Housing for all ID Council Goals and Supportive Initiatives 2023 2024 2025 Lead Department(s)Supporting Department(s)Milestones, Progress, Comments Through the Continuum of Care and other opportunities, support regional policies and funding to prevent homelessness for those at high risk U P City Manager and Dev Serv Continuum of Care is analyzing homelessness prevention programs Explore increasing access to services (such as Fair Housing, Legal Aid, Mediation) for tenants at high risk of homelessness P City Manager Will explore option of locating these services at the Health and Human Services Hub Ensure City-owned facilities to address homelessness are operated consistent with Housing First practices O O O Dev Serv Manage the Roberts Lake Safe Sleeping Program to closure U X Dev Serv Public Safety, Public Works Program is winding down Partner with regional agencies on Junior Accessory Dwelling units and develop promotional material P O O Dev Serv Develop a "No Net Loss" Evaluation Procedure for housing at all income levels X Dev Serv (housing) Create an "Administrative List" of additional housing sites X O O Dev Serv (housing) Create and publish the City's housing sites list X O O Dev Serv (housing) Update zoning ordinance to: P X Dev Serv (planning) allow permanent supportive housing & low barrier navigation centers in Multi Family Residential and Mixed Use zones allow employee housing for six or fewer units in Single Family Residential zones amend density bonus program provide new minimum concessions and parking requirments allow large residential community care homes in all zones remove obsolete Open Space for Agricultural & Resource Management (OS- AMR) district amend parking requirements and development standards for emergency shelters Establish or join JPA for Essential Housing Bond Financing Program P X Dev Serve (Housing)Finance Explore land donation or ground lease for city owned sites in affordable housing inventory P U U Dev Serve (Housing)City Manager Strive to achieve Prohousing Designation X Dev Serve (Housing)This is completed, achieved HCD Prohousing Designation in August 2023. ID Council Goals and Supportive Initiatives 2023 2024 2025 Lead Department(s)Supporting Department(s)Milestones, Progress, Comments Identify areas susceptible to displacement to benefit from the Essential Housing Bond Financing Program X Dev Serve (Housing) Develop a program for affordable housing outreach to historically underrepresented populations X Dev Serve (Housing) Provide & maintain information on CDC rehabilitation programs on the City's website O O O Dev Serve (Housing) Complete annual independent audit to review Public Safety investigations into criminal complaints U O O Public Safety Auditor hired; policies and procedures established; audits on-going Maintain Public Safety calendar for Council and community to provide feedback O O O Public Safety Conduct community roundtable to obtain feedback from a diverse group of stakeholders from underrepresented populations U O O Public Safety Roundtable established and four meetings held Continue trainings regarding implicit and explicit bias, sensitvity, de- escalation, LGBTQ+, and racial profiling O O O Public Safety Received accreditation for "Out to Protect" regarding LGBTQ+ population Continue officer stewardship and mentoring O O O Public Safety Continue Coffee w/cop and Chat w/ Chief O O O Public Safety Invite Public Safety Officers to participate in setting goals and priorities O O O Public Safety Complete the General Plan U X Dev Serve Police/Community Relations & Accountability Complete General Plan and integrate climate change ID Council Goals and Supportive Initiatives 2023 2024 2025 Lead Department(s)Supporting Department(s)Milestones, Progress, Comments Support studies that create a roadmap for future sustainable energy, carbon sequestration, and other climate change resiliency elements U Public Works Applying for the Regional Resilience Planning Grant Type Application, with RCPA as the lead applicant, and the other jurisdictions in Sonoma County, CBO's, and partner agencies as co-applicants. The objective of the grant is to conduct a county-wide feasibility and roadmap for microgrid solutions in the event of emergency events and power outages. A City RFP is currently out for bid for an Urban Tree Canopy Assessement and Inventory towards carbon sequestration tracking and natutral resource conservation and restoration. Create electrification plan for city fleet and funding program U Public Works Coordinating with fleet advisors, PG&E, and City departments to prepare a masterplan, while pursuing funding in the development of that master plan. In the last fiscal year introduced several hybrid vehicles to the City's fleet. Additionally, the City of Rohnert Park is on the waitlist in the fifth position for a Bay Area Air Qualtiy Management District grant, where if funded, the City would receive monies towards electric vehicle charging station and related facility equipment upgrades. On-going Electric Vehicle grant funding and facilities electrification are prospected regularly such as another Air District grant pursuant towards installing new facilities and expanding capacity at existing battery-charging infrastructure. ID Council Goals and Supportive Initiatives 2023 2024 2025 Lead Department(s)Supporting Department(s)Milestones, Progress, Comments Implement first three years of climate change element in General Plan U O O Public Works Making significant progress on 17 of 26 Active Implementation Programs found in the Climate Change Element: Program A- Facilitate Adoption of EV Technologies Program B - Establish a Green Team Program C - Climate Action Partnerships Program E - Improvements to Edible Food Recovery Program F - Organics Collection Ordinance Program G - Salvage Local Plant Materials Progam H - Organic Waste Disposal Program Program I - Urban Forest Expansion for Carbon Sequestration Program L - On-site Renewable Energy and Battery Storage and Critical Public Facilities Program N - Funding Opportunities for Residential Battery Storage Program O - Local Clean Battery Storage Program Q - GHG Emissions Inventory Update Program Program R - Clean Energy Transition Program T - Resilient Public Critical Facilities Program U - EV Infrastructure Feasilbility Study Program V - Municipal Fleet Electrififcation Program W - Utilize Public Lands for Climate Complete & Certify General Plan 2040 EIR U X Dev Svce From GP 2040 Implementation Program Adopt General Plan 2040 including rezoning identified housing sites U X From GP 2040 Implementation Program & Housing Element Update Zoning Ordinance to: P X Dev Serve (Planning)From GP 2040 Implementation Program Add objective residential design criteria Add flexible non-residential standards for new way of working Remove barriers to health food access Incentivize multimodal featues in mixed use projects Add riparian zone standards Streamline review of micro-grid storage X Dev Serve (Building)From GP 2040 Implementation Program Study the potential for mobility hubs in the City X Dev Serve (Planning)From GP 2040 Implementation Program Evaluate the creation of mitigation banks for the City X Dev Serve (Planning)Public Works From GP 2040 Implementation Program Develop Streetscape Palettes P X Dev Serve (Planning)Public Works From GP 2040 Implementation Program ID Council Goals and Supportive Initiatives 2023 2024 2025 Lead Department(s)Supporting Department(s)Milestones, Progress, Comments Update Sustainable Development Checklist X Dev Serve (Building)From GP 2040 Implementation Program Update Home Business Ordinance X Dev Serve (Planning)From GP 2040 Implementation Program Update Mitigation Fee Program P X Dev Serve (Engineering)From GP 2040 Implementation Program Recruit for strong hiring pools and maintain competitive and sustainable pay and benefits O O O Human Resources Implement leadership development and succession planning programs U O O City Manager and Human Resources Six staff will be participating in new Marin-Sonoma Leadership Academy Survey staff and solicit feedback on what is going well and how we can improve P O O Human Resources Expect to issue survey by October 1 Implement comprehensive health and wellness program P O O Human Resources Subject to available funding Complete the Community Engagement portion of the Parks and Recreation Master Plan Update U X Community Serv Public Works Statistically Valid Survey, Community Survey, and In- Person Community Meetings completed Offer community events that are free and open to the public O O O Community Serv Successful implementation of the following free community events - I Heart Rohnert Park, Summer Kick-Off Brunch & BBQ, Sonoma County Wine Country Games Pickleball Tournament, Party on the Plaza/Farmers Market, Juneteenth, RP Jubilee. Events planned for remainder of the Calendar Year: Halloween Carnival and Dia de los Muertos Celebration, Bun Fest, Veteran's Day Celebration, and to be held: Holiday Arts and Crafts Faire, Rec the Halls, Holiday Lights, Letters to Santa. Partner with the Cotati Rohnert Park Unified School District to offer programming for income-qualified students, utilizing school district grant funding X O O Community Serv Partnered with the School District for summer camp programs to provide opportunities for low income residents to attend camp with no out of pocket costs Audit recreation programming to ensure all residents have access to recreational enrichment P O O Community Serv Once vacant coordinator position is filled, this project will begin. Expand/Enhance the education program at the Peforming Arts Center No longer applicable Community Serv This project is dependeng on additional funding, which is not included in the FY 23-24 budget. There will still be a focus on education at the PAC, but will likely not be expanded this year. Memorable Community Experiences for All Attract and retain staff Don Schwartz Assistant City Manager Setting Priorities Supports Results Approved Priorities in April Returning now with update ◦Reflects accountability RFQ to be released no later than December Frequent conversations with developers and others RFP for Corp Yard expansion coming soon Robust website: ◦FAQs targeted to residents ◦Sections for developers and retailers Attending International Council of Shopping Centers conference in October Adopted balanced budget Sustaining reserves Always looking for grants Budget includes $1 million toward deferred maintenance Need long-term funding plan for buildings Sewer rate study underway Assessing sidewalk conditions Paving streets consistent with the plan Casino-related traffic improvements: RFP for design coming in Winter Health/Human Services Hub ◦Rohnert Park Health Center will be lead ◦Assessing potential changes to building ◦Hunt for funding continues Neighborhood Outreach ◦Held District 1 meeting ◦District 2 meeting: goal by year-end ◦To schedule other meetings for next year $384K in Measure O for Roberts Lake ◦Program is winding down Implementing the Housing Element Achieved Pro-housing designation CoC making progress on: ◦Prevention ◦Use of data ◦Improved allocation of funding ◦New ‘front-end’ to system of care Auditor hired and auditing Community Roundtable active Training and mentoring continuing Recognition for LGBTQ+ efforts Continued community outreach General Plan: Progress but delayed Pursuing micro-grids regionally RFP out for Tree Canopy Assessment Fleet electrification ◦Developing master plan ◦Pursuing funding Progress on Climate Change Element of GP Hiring, hiring, hiring . . . ◦Some who have left looking to come back Leadership Development with regional consortium Employee survey out by October 1 Employee appreciation lunch: Oct. 12 P&R Master Plan survey/meetings completed Numerous events completed More coming: ◦Halloween Carnival/Dia de los Muertos ◦Bun Vest ◦Veteran’s Day ◦Holiday Craft Fair, Holiday Lights, Letters to Santa Summer camp programs available to low-income residents Questions? Changes in priorities? ◦No room for more without removing some To revisit early next year