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2024/07/23 City Council Agenda Packet,-p HN ERT Pq Rk 19 "'~ sz "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " �AL1 FO Rl31 P� ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING Tuesday, July 23, 2024 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 a -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 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 GOALS: On May 14, 2024, the Rohnert Park City Council adopted the following multi -year broad goals (listed below in no particular order): 1. Long Term Financial Sustainability 3. Planning and Infrastructure 2. Community Quality of Life 4. Organization Well Being THE CITY OF ROHNERT PARK WANTS TO CONNECT WITH YOU! Our cross -departmental communications team works together on media relations, social media, internal and external communications, stakeholder relations, the City's website, branding, media, and communications support to the City as a whole. Please visit rpcity.org/i_want_to/connect to stay connected and informed. THE CITY OF ROHNERT PARK WANTS TO CONNECT WITH YOU! Our cross -departmental communications team works together on media relations, social media, internal and external communications, stakeholder relations, the City's website, branding, media, and communications support to the City as a whole. Please visit rpcity.org/i_want_to/connect to stay connected and informed.vv 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Elward Rodriguez Sanborn Giudice Adams 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 Swearing in of new Rohnert Park Department of Public Safety Sergeant Deborah Smith 4.13 Mayor's Proclamation: Proclaiming July as Parks Make Life Better!® in the City of Rohnert Park Item 4.13. 4.0 Presentation from Quattrocchi Kwok Architects Kevin Chapin and Juliano Sorondo Regarding Cotati-Rohnert Park Unified School District (CRPUSD) Facilities Plan Update Item 4.C. Presentation 5. DEPARTMENT HEAD BRIEFINGS 6. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page I for information on how to submit public comments. 7. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. Council Motion/Vote: (Elward Rodriguez Sanborn Giudice Adams TA Acceptance of Reports from Finance Department (This is not a project under California Environmental Quality Act (CEQA)): Item 7.A.1. City Bills/Demands for Payment dated June 25, 2024 through July 8, 2024 Item 7.A.2. RPFA - Cash Report (October 2023 through December 2023) Item 7.A.3. Housing Successor Agency- Cash Report (October 2023 through December 2023) Item 7.A.4. Successor Agency - Cash Report (October 2023 through December 2023) Item 7.A.5. City Cash Report (October 2023 through December 2023) 7.13 Approval of Meeting Minutes (This is not a project under California Environmental Quality Act (CEQA)): Item 7.13. City Council/RPFA/Successor Agency Joint Regular Meeting, July 9, 2024 TC Acceptance of Report: Councilmember Sanborn's Appointment of Jan Post -Schwarz to the Senior Citizens Advisory Commission to Fill a Term Expiring on December 31, 2026 (This is not a project under California Environmental Quality Act (CEQA)) Item 7.C. 7.13 Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and by Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed (This is not a project under California Environmental Quality Act (CEQA)) Item 7.D. TE Adopt Resolution 2024-057 Accepting Illegal Disposal Site Abatement Grant Award from CalRecycle in the amount of $497,700.00 (Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301) Item 7.E. 7.F Adopt Resolution 2024-058 Approving a Letter Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Management Association (RPPSMA) for the period of June 22, 2021 — June 30, 2025, Regarding Operational Lieutenant/Battalion Chief Coverage (This is not a project under California Environmental Quality Act (CEQA)) Item 7.17. 7.G Adopt Resolution 2024-059 Approving and Authorizing the Third Amendment to Antenna Site Licensing Agreement between the City of Rohnert Park and Omnipoint Communications, Inc. d/b/a T-Mobile for cellular equipment upgrades at Benicia Park, located at 7450 Santa Barbara Dr., Rohnert Park, CA, 94928 (ASSESSOR'S PARCEL NO. 143-160-008); and finding approval of Third Amendment categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301. Item 7.G. 7.14 Adopt Resolution 2024-060 Approving the Project List for SB 1 Funding from the State Road Maintenance and Rehabilitation Account (RMRA) and Authorizing Submittal of the Project List to the California Transportation Commission Item 7.H. 7.I Adopt Resolution 2024-061 Accepting Vast Oak North Griffin's Grove Park Improvements and Directing Related Actions (Exempt from the California Environmental Quality Act ("CEQA") because it does not qualify as a "project" pursuant to CEQA Guidelines Sections 15378 b.5) because the proposed action is an administrative activity that will not result in direct or indirect physical changes in the environment) Item 7.I. 8. REGULAR ITEMS 8.A Receive the 2024 Sewer Rate Study Report and Provide Direction Regarding Rate Adjustment Timelines and Notices (This is not a project under California Environmental Quality Act (CEQA)) A. Staff Report B. Public Comment C. Council Discussion/Direction Item 8.A. Staff Report and Attachments Item 8.A. Presentation 8.B Consider Adopting a Resolution Adopting a Proposition 218 Ballot Procedures and a Resolution Declaring Intention to Form Landscape & Lighting District No. 2024-01 (Westside Services), Preliminarily Approving the Engineer's Report, Providing Notice Public Hearing and Ordering the Mailing of Assessment Ballots (Not a "project" under California Environmental Quality Act (CEQA)) A. Staff Report B. Public Comments C. Resolution(s) for Adoption: 1. Resolution 2024-062 Adopting a Proposition 218 Assessment Ballot Proceeding Procedures 2. Resolution 2024-063 Declaring Intention to Form Landscape & Lighting District No. 2024-01 (Westside Services) and Levy Assessments, Preliminarily Approving the Engineer's Report, Providing Notice Public Hearing and Ordering the Mailing of Assessment Ballots D. Council Motion/Vote (Elward Rodriguez Sanborn Giudice Adams ) Item 8.B. Staff Report and Attachments Item 8.B. Presentation 8.0 Conduct a Public Hearing and Consider Adopting a Resolution Approving Amendments to the General Plan to Reflect the Expansion of the Tribal Reservation of the Federated Indians of Graton Rancheria (Not a Project under California Environmental Quality Act (CEQA) Guidelines 15378; Exempt Under CEQA Guidelines 15061(b)(3) and 15277) A. Staff Report - Recommendation for the City Council to continue Item 8.C. to Tuesday, August 13, 2024 B. Council Motion to Continue Public Hearing to August 13, 2024/vote (Elward Rodriguez Sanborn Giudice Adams ) Item 8.C. Staff Report and Attachments Item 8.C. Presentation 9. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. Per Government Code Section 53232.3(d), Councilmembers shall provide brief reports on meetings attended at the expense of the City. No action may be taken. 9.A City Standing Committees, Council Liaison Assignments, Outside Agency and Mayors & Councilmembers/City Selection Committee Appointments: 1. Elward a. Senior Citizens Advisory Commission (7/18) 2. Rodriguez a. Chamber of Commerce Board of Directors (7/16) b. Golf Course Oversight Committee Meeting (7/16) 3. Sanborn a. Zero Waste Sonoma (7/18) - Cancelled 4. Giudice 5. Adams a. Association of Bay Area Governments (ABAG) Executive Meeting (7/18) b. Mayors' and Councilmembers' Association Board of Directors Meeting (7/11) c. Mayors & Councilmembers Legislative Committee Meeting (7/19) 6. Reports Under Government Code Section 53232.3(d): 1. Chamber of Commerce Networking Breakfast (7/17) - All attending 10. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 11. 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. 12. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page I for information on how to submit public comments. 13. ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, please refer to page 1 for more details on submitting a public comment. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. AGENDA REPORTS & DOCUMENTS: A paper copy of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public 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 1, Sylvia Lopez Cuevas, City Clerk, for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on July 18, 2024, 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 18th day of July, 2024 at Rohnert Park, California. Sylvia Lopez Cuevas, Office of the City Clerkk V,O }NERT rARF, Item 4.13. ��li[f�(J IitiVA � rodamatton A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK Proclaiming JULY AS PARKS MAKE LIFE BETTER MONTH! IVbereat, Rohnert Park's Community Services strives to create memorable community experiences for all; and U) b e r e a 6, Parks beautify our community, and the Recreation within our parks promotes physical, emotional, and mental health and wellness; and VbereaO, Parks and their accompanying Recreation activities are a driver of our city's economic vitality by providing gathering places for residents and amenities designed to attract visitors to work, shop, and play in our community; and Vberea$, Parks and Recreation foster social cohesiveness by ensuring all residents, regardless of their background or circumstances, have access to its benefits; and Vberea$, Parks and Recreation support social, intellectual, physical, and emotional growth in people of all ages and abilities; and Vberea$, Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland. POW, Tberef ore, be it J)rorlatMeb that I, Susan Adams, as Mayor and on behalf of the City Council, do hereby proclaim July as Parks Make Life Better Month in the City of Rohnert Park. I encourage all residents to recognize the importance of our local parks, trails, open spaces, and facilities for the health, wellness, development, inspiration, and safety of every member of our community. Mulp anb Regularlp prorIaitneb this 23rd day of July 2024. Parke 11L kBjIfer!� CITY OF ROHNERT PARK Susan Adams, MAYOR 1 N1 I DISTRICT OFFIC LEARNING FOR A LIFETIME Facilities Planning Update Rohnert Park City Council 2024.07.23 I Personal Comments of Presenting Agency QUATTROCCHI KWOK ARCHITECTS PROJECT DEVELOPMENT PROCESS Agenda • General scope of projects • Big picture budget MASTER - M&• Priorltiaation • Facilities Plan Process Update PLANNING • Summary of Needs and Impact • Discussion of Indicators of Quality oTiuous • Next Steps EDUCATIONAL Specific needs for each LEVEL OF p PROGRAMMING -+ PARTNER program DETAIL ENGAGEMENT -= Relationships between spaces 1-= I . Design and layout of DESIGN �-'' :--� buildings r ` . Landscape design ��. . Architecture and materials 2 Personal Comments of Presenting Agency FP Process Update E ii. r; > TECHNOLOGY HIGH SCHOOL 4 ..t J Which projects at Thomas Page Academy will have the biggest impact? ZQue proyectos en Thomas Page Academy tendrdn el mayor impacto? 24% Modificatbn for Transi[bmlGndegarten/Modilicacbn pam TmrcisionoGMer 227. New Gym/Nueva Gi—w 16% New Welnesscenbr/Nuevo Ce de Bienesbr 1311 Improsedp pro tines/Mryorar bs cam'Ies dN Pamdor de Aubbases B'/e Water Bottle Fillers/ LLenodor de Bo[elbs de Aga. 8% Sh Cd overinasaM La dsoapirp/Cobierta pamSorrbm/wwaje 5% parMeter Fencing/Bprdapedmetml 41' F'econflaare Admbistmtion Gffbe/—nfipamrb oficimadminbtm1W • Completed 2nd Site Committee Meetings at each site FACILITIES PLANNING SCHEDULE o Reviewed Preliminary Plans JANUARY and FEBRUARY2D24 o Input on proposed projects Site Assessments Information gathering o Prioritization of which Site Committee Input on Needs projects would have the greatest impact MARCH and APRIL2024 • 2 Community Meetings Analyze input and information Planning and Design Develop Draft Site Plans o Overview of process Review preliminary plan with Site Committee o Reviewed Preliminary Plans MAY through JULY 2024 for each campus Community Meetings o Live polling of project Cost Estimating and Project Prioritization prioritization Review and Finalize Board of Education Review and Input • Cost Estimating of proposed Community Forum Presentations Development of Final Facility Planning Documents projects underway COMPLETION: AUGUST 2024 3 Personal Comments of Presenting Agency Meet- Facilities Impact on Learning WHY ARE WE DOING THIS? The quality CPRUSD • Reduction in stress for students of facilities facilities need and teachers • Improved brain function matters improvement • Reduced disease transmission • Increased Attendance • Improved Social -emotional well- Every School and being school has community unique input is needs important We want to maximize the impact of the funding that the District may get in the future We need your help 4 Personal Comments of Presenting Agency 16% Quality of the Classroom Environment 84% All other Factors o Socioeconomic oTeacher quality •Family Support • Nutrition •Sleep • Etc. Academic Achievement Factors affecting the gap between the highest and lowest achieving students. 5 Personal Comments of Presenting Agency SENSORY IMPACT'S ON LEARNING https://www.academia.edu/ 12247660/CIever _Classrooms _Report 5 11% Color 12% Complexity 11% Ownership lexibility 1* Recommendations 7 or 10 factors tested showed significant impacts 21% Light 12% Temperature 16% Air Quality z �Ei World Bank Report Published in 2019 • Summary of research showing a link between school facilities and learning • Organized into 5 sections: o Access to educational infrastructure o Safe and healthy buildings o Baseline conditions for learning o Links between school design and pedagogy and community o Process of Planning and implementation More research at https://bit.ly/QKA-Research 7 Personal Comments of Presenting Agency High Impact Improvements • Upgrade HVAC systems to improve comfort and ventilation • Improve safety and security • Improve daylighting and connection to outdoors Outdoor learning and play environments • Create opportunities for student and community ownership of schools • Replace outdated and portable classrooms with new high- performance classrooms 8 Personal Comments of Presenting Agency QUATTROCCHI KWOK ARCHITECTS RANCHO COTATE HIGH SCHOOL cooclwj IL r ' `~ MOM CRPUSD High Priority Needs 9 Personal Comments of Presenting Agency QUATTROCCHI KWOK ARCHITECTS Transitional Kindergarten • 325+ new TK students between 2020 and 2025 • Requires 20+ TK Classrooms across the District • Specific facilities needs for space, storage, restrooms, etc. • Opportunity to engage and connect with families • Insufficient facilities across the District • Dedicated TK/K Playgrounds ■ o � C � asp 10 Personal Comments of Presenting Agency Replace Portable Classrooms • 79 Portable Classrooms across the District • Most are either leased or past their useful life • Concentrated at: 0 16 Monte Vista ES 0 13 Marguerite Hahn ES 0 10 Evergreen ES 0 10 Lawrence Jones MS 0 11 Rancho Cotate HS • Should be replaced with new permanent buildings to reduce energy and maintenance costs, improve quality and long-term durability I 1*7 I I Personal Comments of Presenting Agency Wellness Centers • Many student support spaces are not well suited for their use and spread around the campuses • Create a centralized space on each school for nurse, counseling, academic specialists, and other support staff • Make services easier for students and parents to access • Provide more efficient and flexible spaces to better support these programs • All Access Restrooms 12 Personal Comments of Presenting Agency Safety and Security • Implement CPTED approach at each campus in a way appropriate to the needs of that school • Increase Access control using buildings as a perimeter where possible and fencing where needed • Modify Ad min offices as needed to better supervise entry • Increase visibility between spaces to support passive supervision 13 Personal Comments of Presenting Agency FW Long Term Maintenance • Many significant upgrades needed that are beyond the capabilities of the M&O team and budget • HVAC Systems • Playground equipment and surface • Parking and drop off surface • Roofing • Flooring • Utility replacement • Landscaping • Restrooms 14 Personal Comments of Presenting Agency V- CA School Facility Funding Sources DEVELOPER FEES: • Paid by housing developers for each new housing unit to offset costs of school facilities • Provides some funding for construction of new facilities • Funding is limited and restricted to specific uses LOCAL BOND FUNDING: • Funding provided by local bond measure and funded by property taxes • Provides the vast majority of funding for school construction in California • Can be used on any facility project STATE BOND FUNDING: • Matching grants distributed by Office of Public School Construction (OPSC) • Main programs for New Construction and Modernization • Additional specialized programs for seismic retrofit, CTE, etc. • Specific application and eligibility requirements • Prop 2 on Nov. Ballot provides $10B in funding • Requires Local Bond Funding as matching funds • QUATTROCCHI KWOK IS Personal Comments of Presenting Agency ARCHITECTS Questions QUATTROCCHI KWOK 16 Personal Comments of Presenting Agency ARCHITECTS Item 7.A.1. CITY BILLS/DEMANDS FOR PAYMENT Check Number: 600009058 - 600009220 Dated: June 25, 2024 - July 8, 2024 July 23. 2024 0 [ 4-�l .•� $2, 201,075.20 TOTAL $2,201,075.20 CITY BILLS DEMANDS FOR PAYMENT DATED JUNE 25 2024 THROUGH JULY 082024 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600009058 06/25/2024 ABM SERVICES INC General Fund Contract -Outside Services 3,288.93 600009058 06/25/2024 ABM SERVICES INC General Fund Contract -Outside Services 840.09 600009058 06/25/2024 ABM SERVICES INC General Fund Contract -Outside Services 1,356.25 600009059 06/25/2024 DAVID MOHLE Measure M Parks Other Exp-Special Events 32.70 600009060 06/25/2024 ALPHA ANALYTICAL LABORATORIES INC Water Utility Fund Contract -Outside Services 300.00 600009060 06/25/2024 ALPHA ANALYTICAL LABORATORIES INC Water Utility Fund Contract -Outside Services 300.00 600009060 06/25/2024 ALPHA ANALYTICAL LABORATORIES INC Water Utility Fund Contract -Outside Services 50.00 600009060 06/25/2024 ALPHA ANALYTICAL LABORATORIES INC Water Utility Fund Contract -Outside Services 350.00 600009060 06/25/2024 ALPHA ANALYTICAL LABORATORIES INC Water Utility Fund Contract -Outside Services 75.00 600009060 06/25/2024 ALPHA ANALYTICAL LABORATORIES INC Water Utility Fund Contract -Outside Services 25.00 600009061 06/25/2024 AMSNET INC Information Technology ISF Capital Outlay 20,628.40 600009061 06/25/2024 AMSNET INC Information Technology ISF Capital Outlay 27,419.00 600009062 06/25/2024 AT&T General Fund Communication -Phone 175.49 600009062 06/25/2024 AT&T General Fund Communication -Phone 81.20 600009063 06/25/2024 AT&T General Fund Communication -Phone 56.69 600009064 06/25/2024 AT&T General Fund Communication -Phone 29.12 600009065 06/25/2024 AT&T General Fund Communication -Phone 29.12 600009066 06/25/2024 AT&T General Fund Communication -Phone 56.73 600009067 06/25/2024 AT&T General Fund Communication -Phone 111.81 600009068 06/25/2024 AT&T General Fund Communication -Phone 27.56 600009069 06/25/2024 AT&T MOBILITY General Fund Communication -Phone 40.24 600009070 06/25/2024 BETTYJANE HOTALING General Fund Contract Services -Instructors 4,270.00 600009071 06/25/2024 BKF ENGINEERS CIP Government Capital Projects 455.00 600009072 06/25/2024 BURKE WILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 2,090.40 600009073 06/25/2024 BURTON'S FIRE INC Fleet Services ISF Fleet Veh Repairs for Fire 625.58 600009074 06/25/2024 CAPTIONS UNLIMITED OF NEVADA INC General Fund Contract -Outside Services 540.00 600009075 06/25/2024 CATHERINE SLACK Measure M Parks Other Exp-Special Events 1,200.00 600009076 06/25/2024 COW GOVERNMENT Sewer Utility Fund Other Expense 652.27 600009076 06/25/2024 COW GOVERNMENT Water Utility Fund Other Expense 652.27 600009077 06/25/2024 CELLCO PARTNERSHIP Fleet Services ISF Communication -Phone 38.01 600009077 06/25/2024 CELLCO PARTNERSHIP General Fund Communication -Phone 884.87 600009077 06/25/2024 CELLCO PARTNERSHIP Information Technology ISF Internet & Broadband 294.49 600009077 06/25/2024 CELLCO PARTNERSHIP RDA -Housing Project Communication -Phone 38.01 600009077 06/25/2024 CELLCO PARTNERSHIP Sewer Utility Fund Communication -Phone 152.04 600009077 06/25/2024 CELLCO PARTNERSHIP Water Utility Fund Communication -Phone 304.08 600009078 06/25/2024 CITY OF FAIRFIELD General Fund Travel and Training 744.00 600009079 06/25/2024 CIVICPLUS LLC General Fund Contract -Outside Services 472.00 600009080 06/25/2024 COMCAST General Fund Communication -Phone 250.65 600009081 06/25/2024 COMCAST General Fund Communication -Phone 10.73 600009082 06/25/2024 COMCAST General Fund Communication -Phone 165.56 Page 1 of 7 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600009083 06/25/2024 COMCAST General Fund Communication -Phone 236.20 600009084 06/25/2024 COMCAST General Fund Communication -Phone 176.92 600009085 06/25/2024 COMCAST General Fund Communication -Phone 42.13 600009086 06/25/2024 COMCAST BUSINESS General Fund Communication -Phone 148.38 600009086 06/25/2024 COMCAST BUSINESS General Fund Communication -Phone 547.88 600009087 06/25/2024 COMMERCIAL POOL SYSTEMS INC CIP Government Capital Projects 1,469.30 600009087 06/25/2024 COMMERCIAL POOL SYSTEMS INC Facilities Internal Service Repair & Maintenance-Fclty 100.35 600009088 06/25/2024 COMPLETE WELDERS SUPPLY General Fund Other Expense 84.65 600009088 06/25/2024 COMPLETE WELDERS SUPPLY General Fund Other Exp-First Aid Supplies 76.52 600009088 06/25/2024 COMPLETE WELDERS SUPPLY General Fund Other Exp-First Aid Supplies 190.22 600009089 06/25/2024 BUTLER ANIMAL HEALTH HOLDING COMPANY LLC General Fund Other Exp-Animal Clinic NonElg 229.99 600009089 06/25/2024 BUTLER ANIMAL HEALTH HOLDING COMPANY U.0 Spay and Neuter Fund Other Expense 170.37 600009090 06/25/2024 CREAM'S TOWING INC General Fund Travel and Training 600.00 600009091 06/25/2024 CYRACOM INTERNATIONAL INC General Fund Contract -Outside Services 209.30 600009092 06/25/2024 DAIOHS USA INC General Fund Other Expense 26.24 600009092 06/25/2024 DAIOHS USA INC General Fund Other Expense 22.49 600009092 06/25/2024 DAIOHS USA INC General Fund Other Expense 26.25 600009093 06/25/2024 DELL MARKETING LP Sewer Utility Fund Equipment, Small Office & Tool 319.02 600009093 06/25/2024 DELL MARKETING LP Water Utility Fund Equipment, Small Office & Tool 319.01 600009094 06/25/2024 DELTA FIRE & SECURITY INC General Fund Contract -Outside Services 839.40 600009095 06/25/2024 DEPT OF JUSTICE General Fund Recruitment 1,128.00 600009095 06/2S/2024 DEPT OF JUSTICE Water Utility Fund Recruitment 64.00 600009096 06/25/2024 DIANE MICHELI General Fund Contract Services -Instructors 540.00 600009097 06/25/2024 DONNIE FRANK General Fund Other Exp-PAC Production 1,720.14 600009098 06/25/2024 FEDERAL EXPRESS CORPORATION Graton Rohnert Park Foundation Other Expense 45.20 600009099 06/25/2024 FOSTER & FOSTER CONSULTING ACTURIES INC General Fund Contract -Outside Services 25,000.00 600009100 06/25/2024 FOXTAIL GOLF CLUB Golf Course Enterprise Fund Other Expense 19,996.25 600009101 06/25/2024 GHD INC CIP Water Capital Projects 943.75 600009102 06/25/2024 GRAINGER INC Facilities Internal Service Other Expense 5.82 600009102 06/25/2024 GRAINGER INC Facilities Internal Service Repair & Maintenance-Fclty 133.42 600009102 06/25/2024 GRAINGER INC Facilities Internal Service Repair & Maintenance-Fclty 30.62 600009102 06/25/2024 GRAINGER INC Sewer Utility Fund Other Expense 385.32 600009102 06/25/2024 GRAINGER INC Water Utility Fund Equipment, Small Office & Tool 57.59 600009102 06/25/2024 GRAINGER INC Water Utility Fund Other Expense 2.67 600009103 06/25/2024 HADRONEX INC Sewer Utility Fund Contract -Outside Services 11,923.00 600009104 06/25/2024 ITERIS INC CIP Government Capital Projects 295.00 600009105 06/25/2024 MOONLIGHT BPO LLC Sewer Utility Fund Postage & Shipping 2,665.87 600009105 06/25/2024 MOONLIGHT BPO LLC Sewer Utility Fund Postage & Shipping 96.59 600009105 06/25/2024 MOONLIGHT BPO LLC Sewer Utility Fund Printing 754.07 600009105 06/25/2024 MOONLIGHT BPO LLC Sewer Utility Fund Printing 22.54 600009105 06/25/2024 MOONLIGHT BPO LLC Water Utility Fund Postage & Shipping 2,665.87 600009105 06/25/2024 MOONLIGHT BPO LLC Water Utility Fund Postage & Shipping 96.58 600009105 06/25/2024 MOONLIGHT BPO LLC Water Utility Fund Printing 754.07 600009105 06/25/2024 MOONLIGHT BPO LLC Water Utility Fund Printing 22.54 600009106 06/25/2024 MORRIS DISTRIBUTING Graton Rohnert Park Foundation Other Exps-Concessions 641.60 600009107 06/25/2024 MOTION INDUSTRIES INC Fleet Services ISF Fleet Veh Repairs for Parks 87.80 600009107 06/25/2024 MOTION INDUSTRIES INC Sewer Utility Fund Repair & Maintenance 533.89 Page 2 of 7 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600009108 06/25/2024 MYERS RESTAURANT SUPPLY LLC Facilities Internal Service Repair & Maintenance-Fclty 281.28 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Fuel 96.44 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Fuel 2,108.07 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Fuel 1,109.34 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Fuel 873.00 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Fuel 706.59 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Fuel 1,480.17 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 482.13 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 353.43 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 323.04 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 390.47 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 1,062.56 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 1,153.62 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 539.10 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 944.54 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 1,659.02 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 576.65 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 553.70 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 491.81 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 1,022.98 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 607.16 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 269.42 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 596.38 600009109 06/25/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 896.96 600009110 06/25/2024 NORTHBAY MEDIA GROUP LLC General Fund Communication Advertising 1,578.00 600009111 06/25/2024 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA General Fund Recruitment 410.00 600009112 06/25/2024 OFFICE DEPOT General Fund Equipment, Small Office & Tool 806.75 600009113 06/25/2024 ERIC RADCLIFFE General Fund License & Permit 190.00 600009114 06/25/2024 STEVEN TWEEDIE General Fund Uniform -Purchase 350.00 600009115 06/25/2024 VOID -TIMOTHY MATTOS General Fund Benefits -Vision 0.00 600009116 06/25/2024 Valley Village Mobile Estates Rent Appeals Board Charges for Srvcs - Specific 23.56 600009117 06/25/2024 PACIFIC GAS & ELECTRIC General Fund Utility -Electric 69.07 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 820.70 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 799.05 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 789.05 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 674.05 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 80.00 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 787.70 600009118 D6/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 672.70 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 1,257.70 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 1,979.05 600009118 06/25/2024 PETERSON POWER SYSTEMS INC Fleet Services ISF Contract -Outside Services 1,257.70 600009119 06/25/2024 UBEO MIDCO, LLC Information Technology ISF Contract -Outside Services 40.84 600009119 06/25/2024 UBEO MIDCO, LLC Information Technology ISF Contract -Outside Services 755.84 600009120 06/25/2024 REDWOOD LOCK INC General Fund Other Expense 21.80 600009120 06/25/2024 REDWOOD LOCK INC General Fund Other Expense 239.80 600009120 06/25/2024 REDWOOD LOCK INC General Fund Other Exp-PS-Amory 31.07 Page 3 of 7 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600009120 06/25/2024 REDWOOD LOCK INC Sewer Utility Fund Other Expense 13.63 600009121 06/25/2024 RGH GEOTECHNICAL & ENVIRONMENTAL CONSULTANTS INC CIP Government Capital Projects 705.00 600009122 06/25/2024 RP EXPRESS LLC Fleet Services ISF Repair & Maintenance 287.00 600009123 06/25/2024 ROHNERT PARK TIRE PROS Fleet Services ISF Fleet Veh Repairs for Parks 369.30 600009123 06/25/2024 ROHNERT PARK TIRE PROS Fleet Services ISF Fleet Veh Repairs for Parks 108.99 600009123 06/25/2024 ROHNERT PARK TIRE PROS Fleet Services ISF Other Expense S84.24 600009124 06/25/2024 SAFETY-KLEEN SYSTEMS INC Facilities Internal Service Repair & Maintenance-Fclty 128.62 600009125 06/25/2024 SANTA ROSA CAMPWAY INC Fleet Services ISF Repair & Maintenance 3.45 600009125 06/25/2024 SANTA ROSA CAMPWAY INC Fleet Services ISF Repair & Maintenance 749.74 600009125 06/25/2024 SANTA ROSA CAMPWAY INC General Fund Othr Accrued Liab.-Sales Tax (3.45) 600009126 06/25/2024 SANTA ROSAJUNIOR COLLEGE General Fund Travel and Training 13,704.00 600009127 06/25/2024 SONOMA COUNTY SHERIFF General Fund Other Exp-PS-Bookings 1,880.00 600009128 06/25/2024 SONOMA COUNTY WATER AGENCY Water Utility Fund Water Purchase 280,392.61 600009129 06/25/2024 SONOMA DESIGN APPAREL & PROMOTIONS INC Measure M Parks Other Exp-Special Events 4,942.83 600009130 06/25/2024 TERRYSIMPSON General Fund Recruitment 2,192.14 600009130 06/25/2024 TERRYSIMPSON General Fund Recruitment 2,022.90 600009130 06/25/2024 TERRYSIMPSON General Fund Recruitment 475.71 600009131 06/25/2024 TRANSUNION General Fund Contract -Outside Services 153.70 600009132 06/25/2024 TRIAD CONSULTING & SYSTEM DESIGN GROUP CIP Government Capital Projects 2,680.00 600009133 06/25/2024 TROPE GROUP INC General Fund Equipment, Small Office & Tool 1,177.53 600009133 06/25/2024 TROPE GROUP INC General Fund Equipment, Small Office & Tool 10,883.22 600009133 06/25/2024 TROPE GROUP INC General Fund Other Expense 274.00 600009133 06/25/2024 TROPE GROUP INC General Fund Other Expense 96.00 600009134 06/25/2024 WHITLOCK & WEINBERGER TRANSPORTATION INC CIP Government Capital Projects 1,160.00 600009135 06/25/2024 WERLE ENTERPRISE LLC NATIONAL PRINT & PROMO Fleet Services ISF Office Expense 60.56 600009136 06/28/2024 BWS DISTRIBUTORS INC Facilities Internal Service Repair & Maintenance-Fclty 195.01 600009137 D6/28/2024 DAILEY WELLS COMMUNICATIONS INC General Fund Capital Asset -Vehicles 33,871.57 600009138 06/28/2024 DC ELECTRIC GROUP INC CIP Government Capital Projects 98,040.00 600009138 D6/28/2024 DC ELECTRIC GROUP INC General Fund Contract -Outside Services 7,341.92 600009139 06/28/2024 DISPENSING TECHNOLOGY CORP General Fund Capital Asset -Equipment 99,735.00 600009140 06/28/2024 FASTENAL General Fund Other Expense 98.93 600009141 06/28/2024 GRAINGER INC Facilities Internal Service Repair & Maintenance-Fclty 134.88 600009141 06/28/2024 GRAINGER INC Facilities Internal Service Repair & Maintenance-Fclty 14.68 600009141 06/28/2024 GRAINGER INC Facilities Internal Service Repair & Maintenance-Fclty 132.44 600009141 06/28/2024 GRAINGER INC General Fund Other Expense 36.32 600009141 06/28/2024 GRAINGER INC General Fund Other Expense 1,429.68 600009141 06/28/2024 GRAINGER INC General Fund Other Expense (156.18) 600009141 06/28/2024 GRAINGER INC General Fund Other Expense 156.18 600009142 06/28/2024 HORIZON DISTRIBUTORS INC General Fund Other Expense 561.49 600009142 06/28/2024 HORIZON DISTRIBUTORS INC General Fund Other Expense (6.51) 600009142 06/28/2024 HORIZON DISTRIBUTORS INC General Fund Other Expense 311.56 600009142 06/28/2024 HORIZON DISTRIBUTORS INC General Fund Other Expense (311.56) 600009143 06/29/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 879.06 600009144 06/28/2024 REDWOOD LOCK INC Facilities Internal Service Repair & Maintenance-Fclty 1,964.68 600009145 06/28/2024 SIERRA CHEMICAL CO Facilities Internal Service Other Expense 18.84 600009145 06/28/2024 SIERRA CHEMICAL CO Facilities Internal Service Other Expense 7,943.66 600009145 06/28/2024 SIERRA CHEMICAL CO General Fund Othr Accrued Liab: Sales Tax (18.84) Page 4 of 7 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600009146 06/28/2024 TEAM GHILOTTI INC CIP Water Capital Projects 924,046.20 600009147 06/28/2024 JOHN RANIS Measure M Parks Other Exp-Special Events 600.00 600009148 07/O1/2024 CDW GOVERNMENT Information Technology ISF Equipment, Small Office & Tool 2,080.29 600009149 07/01/2024 CINTAS Facilities Internal Service Repair & Maintenance-Fclty 20.10 600009149 07/O1/2024 CINTAS Facilities Internal Service Repair & Maintenance-Fclty 182.19 600009150 07/O1/2024 COMPLETE WELDERS SUPPLY General Fund Other Exp-First Aid Supplies 162.35 600009151 07/01/2024 CRESCO EQUIPMENT RENTALS & AFFILIATES General Fund Rental -Equipment 1,276.02 600009152 07/O1/2024 EUREKA OXYGEN CO Facilities Internal Service Other Expense 472.00 600009152 07/O1/2024 EUREKA OXYGEN CO Facilities Internal Service Other Expense 626.71 600009153 07/O1/2024 FAS TRAK VIOLATION PROCESSING DEPARTMENT General Fund Travel and Training 7.00 600009154 07/O1/2024 HERC RENTALS INC Facilities Internal Service Other Expense 420.75 600009155 07/O1/2024 REDACTED RETIREE General Fund Benefit Medical Reimb 1,743.08 600009156 07/O1/2024 HORIZON DISTRIBUTORS INC General Fund Other Expense 109.72 600009156 07/O1/2024 HORIZON DISTRIBUTORS INC General Fund Other Expense 442.34 600009156 07/01/2024 HORIZON DISTRIBUTORS INC General Fund Other Expense 320.44 600009157 07/01/2024 IDEXX DISTRIBUTION INC General Fund Other Exp-Animal Clinic NonElg 6.38 600009158 07/O1/2024 MARTIN SCOTT Measure M Parks Other Exp-Special Events 5,000.00 600009159 07/O1/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories 0.27 600009159 07/O1/2024 NICK BARBIERI TRUCKING LLC Water Utility Fund Fuel 1,952.66 600009160 07/01/2024 SCOTT BRANDEBURG General Fund Travel and Training 155.00 600009161 07/01/2024 TIMOTHY MATTOS General Fund Travel and Training 167.00 600009162 07/01/2024 TIMOTHY MATTOS General Fund Benefits -Vision 150.00 600009163 07/O1/2024 Ali Tabrizi Water Utility Fund AR-UB Residential 10.72 600009164 07/01/2024 Colleen Verdu Water Utility Fund AR-UB Residential 77.84 600009165 07/01/2024 Diane Faoutis Water Utility Fund AR-UB-Commercial 40.28 600009166 07/O1/2024 Jessica Fogarty Water Utility Fund AR-UB Residential 12.21 600009167 07/01/2024 Joelle Hanley Water Utility Fund AR-UB Residential 3.42 600009168 07/O1/2024 Maria Maesano Water Utility Fund AR-UB Residential 79.88 600009169 07/O1/2024 Matthew Santos Water Utility Fund AR-UB Residential 6.51 600009170 07/01/2024 Motel 6 Rohnert Park General Fund AR -Business License 1,408.60 600009171 07/01/2024 Patricia Carini Water Utility Fund AR-UB Residential 70.23 600009172 07/O1/2024 PAULINE L DEMIL 2006 TRUST Water Utility Fund AR-UB Residential 49.21 600009173 07/01/2024 RANDALL MOORE Water Utility Fund AR-UB Residential 59.22 600009174 07/01/2024 RICHARD GRAHAM Water Utility Fund AR-UB Residential 29.48 600009175 07/O1/2024 SHIRLEY GEE Water Utility Fund AR-UB Residential 4.45 600009176 07/O1/2024 TATIANA GARCIA Water Utility Fund AR-UB Residential 5.75 600009177 07/01/2024 THOMAS MATHEW Water Utility Fund AR-UB Residential 31.75 600009178 07/O1/2024 Yanbo Shi Water Utility Fund AR-UB Residential 22.14 600009179 07/01/2024 ZHIQUN QIAN Water Utility Fund AR-UB Residential 39.48 600009180 07/01/2024 REDACTED RETIREE General Fund Benefit Medical Reimb 1,962.28 600009181 07/01/2024 SINDY MCCULLUM Measure M Parks Other Exp-Special Events 2,100.00 600009182 07/02/2024 STUDIO C DANCE ACADEMY General Fund Deferred Inflows 2,660.00 600009182 07/02/2024 STUDIO C DANCE ACADEMY General Fund Deferred Inflows 369.00 600009182 07/02/2024 STUDIO C DANCE ACADEMY General Fund Program Revenue -Box Office (266.00) 600009182 07/02/2024 STUDIO C DANCE ACADEMY General Fund Program Revenue -Box Office (36.90) 600009183 07/03/2024 ABM SERVICES INC General Fund Contract -Outside Services 3,255.00 600009184 07/03/2024 ALAN S COX General Fund Recruitment 450.00 Page 5 of 7 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600009184 07/03/2024 ALAN 5 COX Water Utility Fund Recruitment 25.D0 600009185 07/03/2024 AMSNET INC General Fund Contract -Outside Services 1,623.97 600009185 07/03/2024 AMSNET INC General Fund Contract -Outside Services (4.37) 600009186 07/03/2024 AT&T MOBILITY General Fund Communication -Phone 527.81 600009186 07/03/2024 AT&T MOBILITY General Fund Communication -Phone 5,915.24 600009186 07/03/2024 AT&T MOBILITY Recycled Water Utility Fund Communication -Phone 40.24 600009186 07/03/2024 AT&T MOBILITY Sewer Utility Fund Communication -Phone 352.76 600009186 07/03/2024 AT&T MOBILITY Sewer Utility Fund Communication -Phone 45.03 600009186 07/03/2024 AT&T MOBILITY Sewer Utility Fund Communication -Phone 130.30 600009186 07/03/2024 AT&T MOBILITY Water Utility Fund Communication -Phone 352.77 600009186 07/03/2024 AT&T MOBILITY Water Utility Fund Communication -Phone 45.03 600009186 07/03/2024 AT&T MOBILITY Water Utility Fund Communication -Phone 300.84 600009187 07/03/2024 AT&T MOBILITY Fleet Services ISF Communication -Phone 56.12 600009187 07/03/2024 AT&T MOBILITY General Fund Communication -Phone 1,647.02 600009187 07/03/2024 AT&T MOBILITY Sewer Utility Fund Communication -Phone 28.06 600009187 07/03/2024 AT&T MOBILITY Sewer Utility Fund Communication -Phone 97.99 600009187 07/03/2024 AT&T MOBILITY Water Utility Fund Communication -Phone 158.50 600009187 07/03/2024 AT&T MOBILITY Water Utility Fund Communication -Phone 28.06 600009188 07/03/2024 BKF ENGINEERS CIP Government Capital Projects 101.50 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP CIP Government Capital Projects 627.12 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP CIP Government Non -Capital Projects 313.56 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 7,157.09 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 6,290.96 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 5,166.20 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 4,304.32 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 4,448.60 600009189 07/03/2024 BURKE WILLIAMS & SORENSEN LLP Sewer Utility Fund Professional Legal Fees 7,246.72 600009190 07/03/2024 CITY OF SANTA ROSA Recycled Water Utility Fund Water Purchase 9,122.52 600009191 07/03/2024 COAR DESIGN GROUP CIP Sewer Capital Projects 9,474.95 600009191 07/03/2024 COAR DESIGN GROUP CIP Water Capital Projects 9,474.95 600009192 07/03/2024 CREAM'S TOWING INC General Fund Travel and Training 300.00 600009193 07/03/2024 CRESCO EQUIPMENT RENTALS & AFFILIATES General Fund Rental -Equipment 2,588.07 600009194 07/03/2024 EUREKA OXYGEN CO Facilities Internal Service Other Expense 555.86 600009194 07/03/2024 EUREKA OXYGEN CO Facilities Internal Service Other Expense 288.83 600009194 07/03/2024 EUREKA OXYGEN CO General Fund Contract -Outside Services 1,761.91 600009195 07/03/2024 K & N EVENT SERVICES LLC Measure M Parks Other Exp-Special Events 794.00 600009196 07/03/2024 GHD INC CIP Government Capital Projects 17,353.88 600009197 07/03/2024 GREEN VALLEY CONSULTING ENGINEERS CIP Government Capital Projects 4,640.00 600009198 07/03/2024 HANSEL FORD INC Fleet Services ISF Fleet Veh Repairs for Police 1,087.91 600009198 07/03/2024 HANSEL FORD INC General Fund Other Expense 104.55 600009198 07/03/2024 HANSEL FORD INC General Fund Other Expense 24.55 600009199 07/03/2024 HORIZON DISTRIBUTORS INC General Fund Equipment, Small Office & Tool 1,409.12 600009200 07/03/2024 JUSTIN PYNE Measure M Parks Other Exp-Special Events 200.00 600009201 07/03/2024 WALIA BROTHERS LLC Fleet Services ISF Repair & Maintenance 486.00 600009201 07/03/2024 WALIA BROTHERS LLC Fleet Services ISF Repair & Maintenance 713.00 600009202 07/03/2024 NATIONAL AQUATIC SERVICES INC CIP Government Capital Projects 9,539.25 600009203 07/03/2024 DANILO ME11A Measure M Parks Other Exp-Special Events 1,000.00 - Page 6 of 7 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600009204 07/03/2024 OCCU-MED LTD General Fund Recruitment 3,173.80 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 1.64 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 119.93 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense (10.43) 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 1.29 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 94.68 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 10.43 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 320.48 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 1.64 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 119.93 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 4.05 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 296.67 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 470.05 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 16.95 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 29.98 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 84.26 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 8.67 600009205 07/03/2024 OFFICE DEPOT General Fund Office Expense 134.66 600009206 07/03/2024 PACIFIC GAS & ELECTRIC General Fund Utility -Electric 7,237.86 600009206 07/03/2024 PACIFIC GAS & ELECTRIC General Fund Utility -Electric 6,126.70 600009206 07/03/2024 PACIFIC GAS & ELECTRIC General Fund Utility -Electric 7,835.93 600009207 07/03/2024 PACIFIC GAS & ELECTRIC General Fund Utility -Electric 2,177.09 600009207 07/03/2024 PACIFIC GAS & ELECTRIC General Fund Utility -Electric 243.19 600009207 07/03/2024 PACIFIC GAS & ELECTRIC General Fund Utility -Electric 35,769.39 600009208 07/03/2024 PACIFIC GAS &ELECTRIC General Fund Debt -Principal 5,456.87 600009208 07/03/2024 PACIFIC GAS&ELECTRIC General Fund Utility -Electric 17,341.08 600009208 07/03/2024 PACIFIC GAS &ELECTRIC General Fund Utility -Electric 197.18 600009209 07/03/2024 PAT NELSON CONSTRUCTION INC General Fund Contract -Outside Services 11,000.00 600009210 07/03/2024 PETERSON MECHANICAL INC CIP Government Non -Capital Projects 21,500.00 600009211 07/03/2024 COVETRUS NORTH AMERICA LLC PHOENIX PHARMACY General Fund Other Exp-Animal Clinic NonElg 251.79 600009212 07/03/2024 SONOMA MARIN ELECTRIC INC CIP Sewer Capital Projects 10,921.92 600009213 07/03/2024 SONOMA STATE UNIVERSITY Graton Tribe Charity Distribution 152,280.50 600009214 07/03/2024 SSA LANDSCAPE ARCHITECTS INC CIP Government Capital Projects 5,575.10 600009215 07/03/2024 STRATA AP INC CIP Government Capital Projects 14,000.00 600009216 07/03/2024 US BANK General Fund Othr Accrued Liab-P Card 36,833.19 600009217 07/03/2024 WHITLOCK & WEINBERGER TRANSPORTATION INC CIP Government Capital Projects 5,245.00 600009218 07/03/2024 WRA INC CIP Government Capital Projects 3,726.56 600009219 07/03/2024 YOUNG ELECTRIC SIGN COMPANY General Fund Contract -Outside Services 2,574.40 600009220 07/05/2024 SONOMA COUNTY TRANSPORTATION AUTHORITY Gas Tax Fund Contract -Outside Services 24,385.00 2,201,075.20 Page 7 of 7 Item 7.A.2. ROHNERT PARK FINANCING AUTHORITY CASH REPORT TO: The Chair and Board Members of the FROM: Betsy Howze, Interim Finance Director "-' Rohnert Park Financing Authority Marcela Piedra, City Manager Prepared By: William Tarrant DATE: July 15, 2024 CASH BALANCES AS OF December 31, 2023 2017 Sewer System Revenue Refunding Bonds: Revenue Refunding Bonds TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $ 264.48 $ 264.48 CASH DISTRIBUTION AS OF DECEMBER 31, 2023 CASH HELD BY FISCAL AGENTS: Maturity Interest Source of Investment Institution Date Rate Par Value Market Value Valuation 2011 Sewer System Revenue Refunding Bonds: Payment Fund Revenue Refunding Fund Interest Fund: First American Treasury Oblig Total 2017 Sewer System Revenue Refunding Bonds Fund N/A 0.000% $ - $ - Note (1) N/A 5.248% $ 26448 264.48 Note (1) $ 264.48 $ 264.48 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH Investment Yield for DECEMBER 31, 2023 5.248% $ 264.48 $ 264.48 INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2021-144, adopted on December 14, 2021. Note (1) The source of valuation for this investment is the month end Union Bank Trust Statements. The Par Value and Market Value are typically the same as interest is credited and paid monthly. Item 7.A.3. HOUSING SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK CASH REPORT -fk TO: The Chair and Members of the Community FROM: Betsy Howze, Interim Finance Director Housing Successor Agency of the City of Rohnert Park Marcela Piedra, City Manager Prepared By: William Tarrant DATE: July 15, 2024 CASH BALANCES AS OF December 31, 2023 Low & Moderate Income Housing $ 1,076,740.57 TOTAL HOUSING SUCCESSOR AGENCY CASH $ 1,076,740.57 CASH DISTRIBUTION AS OF DECEMBER 31, 2023 Interest Checking Accounts: Rate City Managed Pooled Rate 3.412% $ 1,076,740.57 TOTAL HOUSING SUCCESSOR AGENCY CASH $ 1,076,740.57 Investment Yield for DECEMBER 31, 2023 3.412% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Housing Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2021-144, adopted on December 14, 2021. The funds to meet the agency's expenditures will be determined by the State Department of Finance. REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK CASH REPORT TO: The Chair and Members of the Community Redevelopment Successor Agency of the City of Rohnert Park Marcela Piedra, City Manager CASH BALANCES AS OF December 31. 2023 RPTTF Funds (1) Debt Service Reserve Fund (1999 TABs) (2) Debt Service Fund (2007R TABs) (1) Debt Service Fund (2018 A & B TABs) (i) FROM: Betsy Howze, Interim Finance Directo+1 r Prepared By: William Tarrant DATE: July 15, 2024 TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH (1) Appropriated for debt service payments & ROPS obligations. (2) Required minimum debt service reserves. $ 6,159,848.92 1,864,108.57 1.01 1,208.32 $ 8,025,166.82 CASH DISTRIBUTION AS OF DECEMBER 31, 2023 Interest Accounts: Rate City Managed Pooled Rate 3.390% CASH HELD BY FISCAL AGENTS: Source of Investment Maturity Interest Investment Institution Type Date Rate Par Value Market Value Valuation 1999 TAB'S: US Bank -Trustee 1999 Tax Allocation Bonds Interest Fund Blackrock Prov Tfund Treas. Note N/A 5,26% $ 808,988.28 $ 808,988.28 1999 Tax Allocation Bonds PrincipalFund: Blackrock Prov Tfund Treas. Note N/A 5,25% 451.44 451.44 Note (2) 1999 Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas Note N/A 0.00% - - Note (1) 1999 Tax Allocation Bonds Reserve Fund: Blackrock Prov Tfund Treas Note N/A 5.26% 1,054,668.85 1,054,668.85 Note (1) Total 1999 Tax Allocation Bonds Fund $ 1,864,108.57 $ 1,864,108.57 2007R TAB'S US Bank -Trustee 2007R Tax Allocation Bonds Interest Fund: Blackrock Prov Tfund Treas Note N/A 5 01% $ 0.01 $ 001 Note (1) 2007R Tax Allocation Bonds Redemption Fund: Blackrock Prov Tfund Treas Note N/A 5 01 % 1.00 1.00 Note (1) Total 2007R Tax Allocation Bonds Fund $ 1.01 $ 1.01 2018A & 20188 TAB`S US Bank -Trustee 2018A Tax Allocation Refunding Bonds Fund Interest Account First American Treasury Oblig Fd Cl Treas. Note N/A 5.03% $ 1.207.32 $ 1,207.32 Note (1) 2018A Tax Allocation Refunding Bonds Fund Reserve Sub Account Build America Mutual Assurance Co Treas Note N/A 0 00% 1.00 1 00 Note (1) Total 2018A&B Tax Allocation Refunding Bonds Fund $ 1.208.32 $ 1,208.32 TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH Investment Yield for DECEMBER 31, 2023 3.825% $ 6,159,848.92 1,864,108.57 1.01 1,208.32 $ 8,025,166.82 INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Redevelopment Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2021.144. adopted on December 14, 2021. Due to the dissoiution of the redevelopment agencies by the State of California the funds to meet the agency's expenditures will by determined by the State Department of Finance. Note (1) The source of valuation for these investments is their respective monthly Union Bank Trust Statements. The Par Value and Market Value for these investments are typically the same as interest is paid or wired monthly. (2) Required minimum debt service reserves Item 7.A.5. City of Rohnert Park Cash Report As of December 31, 2023 �JJ . To: The Honorable Mayor & Members of the City Council From: Betsy Howze Marcela Piedra, City Manager Interim Finance Director Prepared By: William Tarant Summary of General Fund Cash .......... ................. ......................... ....................... ............. ............ ....,.:._.....»...._..--..........,..,.....,.._......_,...-.—...-._...................... .................................... .................�.... ......:. Total General Fund Cash $ 36,027,589.80 ............... ....... .........—.................... _........ ............ ...... ...... ........... .... ............. �:....................................................... _..... ..................... w...._.....,... Restricted (External.) $ 1,378,081.00 g...... d................. M............._........»..........�................�..._..............................................:....:_......... .................5 ..... 8................ Assigned 20,352,889.15 Subtotal not available to spend) $ 21,730,970.15 ...... ..........M_....................................................._............ ......_............ .... ........ _.- ........... ,................ Unassigned $ 14,296,619.65 Restricted Detail: Refundable Deposits ................................................ .._........................ ......___..._....._»... �..._..�......_................ $ 798,361.75 Senior Center Donations ...................._..._..............._.,., .... 100,000.00 . , . PARS Contribution Trust ...................9».. ..__.._......»...... ......... ..........._......._...... .._....._ . �.........._.._.._ �......._............................ »_ 449 101.99 � ............._......._._ � .__..,...._............... Housin..Program �.._................. :.........:.::.::...... :...............�................ .w ......._........ _....... 30,617.26 _...,... $ 1,378,081.00 Assigned Detail: Contingency Reserve ............................................... $ 2,489,858.55 Operating Reserve ..............................................................................._.......... ....w.............� 8,465 519.07 ...� .......... �. .................... Assigned Retirement Reserve ........ ................. ................... ............... .....»,.. .. ......... . ................................ ,,... ............_....._._.............................................. 1,743,005.00 ............. .......___ ...... City Facilities Reserve ........._.�..................................................................,...._......_......._................... _..........:..::..................... 65,453.00 M....,........._.._......._........ ............. ......... Self -Insured Losses Reserve w_.....,w.._.._............................� .. ............_:...... 1,605,923.31 ............................................ Infrastructure Reserve M.....:..::: ;.: .,...__........,............................... 5,743,005.00 .......W..,,.. Retiree Health Savings Reserve 240,125.22 .15 Enterprise Fund Water Utility Operations Fund ........... .........y.................................................................................................:_..................�......:.�..........,.... $ 15,814,485.39 .... ........................ Water Capacity Fund p ........................................................................._.�........_............._........................... ...... ..,1,351,032.45 :�.:.._:_.:,..... ................. ....,..I.............I............. - .............................. Ca ital Preservation Water Fund p...... :. ..... 4,436,056.52 .......... .......___........._...,.,..,._................ . .. .,..,,....,._.....,................... Water Capital Fund .........._........................................................................................_. �............................ .....................,...:..:.._�..,...,................�.......................... ...... (405,266.42) �. ,..._,.. _ _.. ...� ....:..;_........... ......................... ..............,....__..w Per Acre For Development Fee Fund _...... .......:..........................,....� 17,468.76 ......_ Sewer Utility Operations Fund ......................................�................. ::. .......:.._.............:......:........................,........................... 16,674,995.98 .�_:_...:..:...,.............,................._.....�,........�....._............................._......... Capital Preservation Sewer _..............._ ...............................................,....._................................................................................:.....� W......................................._....._ 4,512,263.01 ....._........................................................... Sewer Capital Fund ...................... ..:.�....... _......... .......�..................... .................. .... .........:..::...... ,.,._.. (19,956.20) _..... ......_.._............. _ _..._.................. ..,................. . .... .... JEPA Deposit - Wastewater _ ...... ..._..,..._. 510,459.89 ..._...............�........... ..,. ............ . _................w,,,.......,.......w....................._ Recycled Water Operation Funds :._� ........._ 894,375.04 w.....�..._........... Recycledate Wr Capital Fund.....................:..:..::...::.:� ..._........._.:............................................:...:..._....� ...... 36.38 pi .... "6a11111111111111 ... ........................ ................,,..,.,,............,..,............_..............._.........................r.............� tal Preservation Recycled Water Fund ....................................................................................................................... :..:�..::� ..::..� W ....... _. 55,170.92 .................._.......--------...........................,.....,........................,........._..,"-, Refuse Utility Operations Fund ...............................................................—...._.....................................:..:.w.... 596,097.81 ......... . w..�........_:......................................,..... Golf Course Enterprise Fund _.............._.............�....................................._.......... 587,256.99 ..................... _......p....... ........ ......................... __......_.................,......................................... .......� Total Enterprise Funds _ _.:............._.- __--------- $......45,024,476.52 1 of 3 City of Rohnert Park Cash Report Continued As of December 31, 2023 Internal Service Fund Cash ---- ---- Information Technology Fund $ 1,474, Vehicle/Equipment Replacement Fund 7,087,409.36 Fleet Services Fund 40,430.02 Facilities Internal Service Fund 448,350.86 Total Internal Service Funds $ 9,050,508.49 Special Revenue Funds .-.................... .............................................. .............. _................. ........,....,,..................... _...._......_.............. .................................... ............ DIVCA AB2987/PEG Fees Fund $ 542,337.17 .................................................................�...._..................................................�...............,................_..............�.................._.._....,,..,.....,-.-................„ .................. General Plan Maintenance Fee Revenue Fund 330,389.95 ............................................._.........................�............................................-..-.....w............................_......_... � � � ............� .....::.� .........,._._............................-....,.. Traffic Safety Fund 405 401.92 .........................._................_ ....� ......:.....:.... M,, ,......................� ..� � ........._.... Traffic Signals Fund 11,995.95 .................:........m_� ..�..,...._..........:...:.�.:........_......,_..:..............._...........� ._......:...:..::...,.....�.,..,.,....... ...................� Affordable Housin' Linkage Fee Fund 13,821.14 Affordable Housing Residential Fee Fund 175,962.58 ......................... _..............................................�...._........ ,.,................. �............................ � ......�..............:...._ ..... _........_........... �_...........................................................w........ Homeless Fund UDSP Maintenance Annui Fund .. ......I...... ... ... Public Facilities Finance Fee Fund Public Facilities Finance Admin Fund CFD SouthEast Fund 3,200,568.35 . �........................:..........I 15,447,064.92 ..... _ ............................ . 333 ..... 705.82 354,996.30 w...._..._.._........................._...� ...._.............._... .........._..-.._ . �,....... CFD WWSisoe Fund 68 429 24 ....w......... � ...7�...........:......... .............................................................�.................:.....M:............_.....*,--.........._..........._....�.........�.....................� CFD Bristol Fund 77..... 7 SESP Regional Traffic Fee Fund 1,295,101.37 .........................-...-..... .............. .....................................................�.................._..............w_...................,,,.......,_ ........... ..................... SESP Valley House Mitigation Fund ... ............................. .:......._ ............::........,.......� ....,.._...._.............._.. � 323 154.03 .......:.........................,....,.. _................... SESP Add'I PS Personnel Fund .............._............_.......I---_----......:..._................................. 12 594.85 -......................................................:...............:_ ..:..�...,. ... ,...w..........._._.. _.................------- Rent Appeals Board Fund .....: ::.:�...._...................._......._........_... M........ ,.,.._............... ....... ...:........� _..._ 241,585.55 ........... Alcohol Beverage Sales Fund ......................................................................... _ .. .. ......:......� :.::� .,.�...._.....,,,........_..................................... 27,290.77 ............_....-. ....W Vehicle Abatement Fund 235,881.34 SLESF Fund Measure M Parks Fund Measure M Fire Fund Measure M Traffic Fund 142,889.57 .................................... 960,908.44 �171:199:97 1,062,765.27 ............. ................... .............. .......... I .............. .........._... .................................- - Spay and Neuter Fee Special Revenue Fund 16,738.66 _...................... . - _.... ...,................._..� _ ....,....................._�.._ ...,...... _..............-.......... Refuse Road Impact Fee Fund 276.97 ......._..................................................................................................................... ... ::..�...w.._.._................ . ................... Gas Tax Funds: Sec. 2107 Maint/Const 3,235,925.25 . -.........................................................:.....M..........................................._.._..........................�........_,. .................. .... . Gas Tax Funds: Sec. 2031 RMRA 449 998.84 ................................................� ...�............................m.:......w.._....,.....................,....................�..................:....,....,.,� ....�.............._....� ....�................ ....................... Re�ional_Traffic Fee Fund 474,719.15 Community Service 20% Rental Facility Fee _ _ _ _ _ 9,063.60 w................................................I........_.._..... _..................� .. ........................... m ..__ W..... PAC Capital Facilities Fund 17,819.00 .............................................._.._ ...._. ....w.:........:..... _...... Snarls Center Facility Capt'I Reserve 18,70.... Sunrise Park Fee Fund 200,091.4.29 ......................................................_...................,:....:::..:::..::...::�...,:.....:....,..................._...�....._.............:.............._.....................,......... .._� .......... ...... Senior Center Fund 138,789.74 2of3 City of Rohnert Park Cash Report Continued As of December 31, 2023 Special Revenue Funds Continued Graton M11 itigation Fund $ 1,446,026.72 Graton Supplemental Fund .........,......::::...:....,....:............� 10,896,452.16. _,....................,................_ ...... ........... ............. ...................................................................................W............-....-.-...-.................._. Casino Neighborhood Upgrade Work Force Housing _µW _ _ 782 195.49 Public Safety Capita..Contri...... 37,560.05 _Casino 6.6.2-Wilfred JEPA Fun ...... - CRPUSD chool Contribution 331,948.50 ..........................................................................................................................I....................._.:.....�.....,.._........—..�.........._...................................................�.............................................. Tribe Charit�r 956,202.50 I1. . Total Special Revenue Funds $ 46,794,093.56 Capital Project Funds City. Capital Projects $ 7,094,13.. .............. _..............................................::._.......................:.�....._................................................................. 2007 R Bond Proceeds 5,620,344.39 Total Capital Projects Funds $ 12,714,478.52 Permanent Funds M ............................... ... _ - ..._----------------------------- 17 Performing Arts Center Donations $ 460,843. ....................................---..........,..............�...............I ....................., .... ... �,............�......... _ ......_...............� ..m....,........ w......................................... 00.00 Dorothy Spreckels Endowment Fund �'� 230,0 Total Permanent Funds $ 690,843.17 Trust & Agency Funds Graton Rohnert Park Foundation ............................................................................M... Seized Assets ................................................... --- ..................... ...... , Total Trust & Agency Funds Total Cash All City Funds $ 1,472,680.79 511,870.89 $ 1,984,551.68 $ 152,286,541.74 (1) Per the 1st amendment to the Dorothy Spreckels 1999 Trust, Section 3.4.1; $500,000 is "to be held as an endowment fund The income of the fund (but no part of the principal or appreciation thereof, realized or unrealized) shall be used for the general charitable purposes of the City of Rohnert Park's Dorothy Rohnert Spreckels Preforming Arts Center." September 1, 2017 Dorothy Spreckels Endowment funds were loaned to the Water Fund at 3% interest. 3of3 CITY OF ROHNERT PARK -SCHEDULE OF INVESTMENTS AS OF December 31, 2023 Maturity Investment Investment Valuation Bank Name Type Date % Int. Par Value Market Value Source Exchange Bank Operating Checking Ckg N/A 0 150% $ 10,647,295.26 $ 10,647.295 26 Note (1) Exchange Bank Payroll Checking Ckg N/A _0 00C.','1 104,287.21) (104.28721) Note (1) Total Business Checking Accounts 0.15% 10,543.008.05 $ 10,543,008.05 _$ Petty Cash Cash N/A 0 000% S 2,605.31 $ 2,605.31 Note (2) 0.000 % $ 2,605.31 $ 2.605.31 MBS Rollstone Bk & Tr Fitchburg Mass CD 02/12124 1.678% 247,000.00 247,000.00 Note (3) MBS Knoxville TVA Employees CR Un CD 02/14/24 3.332% 245,000.00 245,000.00 Note (3) MBS Sally Mae CD 04/10124 2.795% 245,000.00 245,000.00 Note (3) MBS New York Cmnty Bk Westtbury NY CTF Dep CD 09/10/24 0.730% 245,000.00 245,000.00 Note (3) MBS Raymond James Bk Natl Assn St Peterburg FLA CD 11/26/24 1.930% 247,000,00 247,000.00 Note (3) MBS Viriva FCU; CUSIP CD 11/27124 1,930% 249,000.00 249.000.00 Note (3) MBS Morgan Stanley Bk NA Sit Lake City Utah CD 11/29/24 2.030% 247,000.00 247,000.00 Note (3) MBS Morgan Stanley PVT Bk Natl Assn FUR NY CD 11/29/24 1.980% 247,000.00 247,000.00 Note (3) MBS Triad Bk Frontenac MO CD 01/23/25 1.840% 246,000.00 246,000,00 Note (3) MBS Heartland Bank Whitehall OH CD 06/30/25 4,951% 248,000.00 248,000.00 Note (3) MBS Peoples Bank and Trust Co McPherson KS CD 06/30/25 4.951% 248,000.00 248,000.00 Note (3) MBS Western State Bank Devils Lake NO CD 06/30/25 4.951% 248,000 00 248,000.00 Note (3) MBS Citizens Bank CoBeverly OH CD 07/07125 4.951% 248,000.00 248,000.00 Note (3) MBS Liberty Federal Credit Union Evansville IN CD 07/07/25 5.226% 248,000.00 248,000.00 Note (3) MBS Lumbee Guaranty Bank Pembroke NC CD 07/07/25 4.997% 248,000 00 248.000.00 Note (3) MBS Peoples Bank Rock Valley IA CD 07/07/25 4.905% 248,000 00 248,000.00 Note (3) MBS Western Alliance Bank Phoenix AZ CD 07/07125 5.043% 243,000.00 243,000.00 Note (3) MBS Reliabank Estelline SD CD 07/10125 4,997% 248,000.00 248,000.00 Note (3) MBS ChoiceOne Bank Sparta MI CD 07/14/25 4.905% 248,000.00 248,000,00 Note (3) MBS Freedom First Federal Credit Union Roanoke VA CD 07/14/25 5.044% 248,000.00 248,000.00 Note (3) MBS Baroda NY BRH CTF DEP CD 07/22/25 0.760% 246,000.00 246,000.00 Note (3) MBS Chartway Federal Credit Union Virginia Beach VA CD 12/30/25 5.092% 248,000.00 248,000.00 Note (3) MBS First Technology Federal Credit Union San Jose CA CD 12/30/25 5.181% 248,000.00 248,000.00 Note (3) MBS State Bk India New Yiork NY CFT DEP CD 03/25/26 1,000% 236,000.00 236,000.00 Note (3) MBS Goldman Sachs BK USA New York City CD 05/19/26 1.120% 245,000.00 245,000.00 Note (3) MBS Greenstate Cr Un North Liberty Iowa CD 06/16/26 1.010% 245,000.00 245,000.00 Note (3) MBS Wayne County Bank Waynesboro TN CD 06/29/26 4.694% 249,000.00 249,000.00 Note (3) MBS B1Bank Baton Rouge LA CD 06/30/26 4.739% 249,000.00 249,000.00 Note (3) MBS United Roosevelt Savings Bank Cartert NJ CD 06/30/26 4.783% 249,000.00 249.000.00 Note (3) MBS Wood & Huston Bank Marshall MO CD 06/30/26 4.783% 249,000 00 249.000.00 Note (3) MBS First State Bank of DeQueen AR CD 07/07/26 4.694% 249.000.00 249,000.00 Note (3) MBS Maine Community Bank Biddeford ME CD 07/07/26 4.694% 249.000 00 249,000.00 Note (3) MBS Connexus Credit Union Wausau WI CD 07/13126 5.048% 248,000,00 248,000.00 Note (3) MBS Toyota Financial Savings Bank Herderson NV CD 07/29126 1.077% 245,000.00 245,000.00 Note (3) MBS Medallion Bk Salt Lake City,CTF Deo CD 08/31/26 0.960% 245,000.00 245,000.00 Note (3) MBS Connectone BK Englewood Cliffs NJ CTF Delp CD 09124/26 0,910% 235,000,00 235,000.00 Note (3) MBS Pentagon Federal CR UN Tysons Comer VA SH CTF CD 09/29/26 1,020% 245,000.00 245,000.00 Note (3) MBS First Natl Bk Amer East Lansing Mich CD 09/30/26 0.970% 245,000.00 245,000.00 Note (3) MBS United Fidelity Bank FBS CD 12/29/26 4.698% 249,000.00 249,000.00 Note (3) MBS Fahey Bank Co CD 12/30/26 4.698% 249,00000 249,000.00 Note (3) MBS Farmers & Merchants Bank CD 12/30/26 4,698% 249,000.00 249,000.00 Note (3) MBS CIBC Bank USA CD 06/30/27 4.654% 244,000.00 244,000.00 Note (3) MBS New Orleans Firemans Federal Credit Union CD 06/30/27 4.783% 249,000.00 249,000 00 Note (3) MBS St Louis Bank CD 06/30/27 4.655 % 249.000.00 249,000 00 Note (3) MBS Enterprise Bank CD 07/12/27 4.655% 249,000.00 249,000 00 Note (3) MBS 1st Financial Bank USA CD 08/02/27 3.536% 245,000.00 245,000.00 Note (3) MBS Capital One National Association CD 08/03/27 3.766% 245,000.00 245,000.00 Note (3) MBS Capital One Bank USA National Association CD 08/03/27 3.766% 245,000.00 245,000.00 Note (3) MBS Discover Bank CD 08/16/27 3,629% 245,000,00 245,000.00 Note (3) MBS US Alliance Federal Credit Union CD 08/26/27 3.678% 245.000.00 245,000.00 Note (3) Page 1 of 2 CITY OF ROHNERT PARK -SCHEDULE OF INVESTMENTS AS OF December 31, 2023(Cont.) MBS Highland Bank CD 12/29/27 4.418 % 249,000.00 249,000 00 Note (3) MBS Liberty First Credit Union CD 01/17/28 4.544% 246,000.00 246,000.00 Note (3) MBS Signature Federal Credit Union CD 01/31/28 4.545% 247,000.00 247,000.00 Note (3) MBS Citizens State Bank CD 06/30/28 4.370% 249,000.00 249,000.00 Note (3) MBS Farmers & Merchants Bank CD 06/30/28 4.421 % 249,000.00 249,000.00 Note (3) MBS First Bank CD 06/30/28 4,452% 249,000.00 249,000 00 Note (3) MBS Dort Financial Credit Union CD 07/11/28 4.602% 247.000.00 247,000,00 Note (3) MBS Leaders Credit Union CD 10/30/28 5,100% 245.000.00 245,000.00 Note (3) Total CD Investments 3.6m $ 14,310,000.00 $ 14,310,900.00 United States Treasury Bills US GVT Bonds 06/13/24 5.110% $ 26.685.000.00 $ 26,685,000.00 Note (3) U.S. Treasury Securities - Total 5.110 % S 26,685,000.00 $ 26,685,000.00 MBS US GVT Bonds Medium Term NTS (C) US GVT Bonds 08/27/25 0.683% $ 980,000.00 $ 980,000.00 Note (3) MBS Federal Natl MTG Assn ( C ) US GVT Bonds 03/17/26 0.718% $ 728,000.00 $ 728,000.00 Note (3) MBS Federal Home Ln BKS CONS BD (C) US GVT Bonds 09/15/26 1.016% $ 735,000.00 $ 735,000.00 Note (3) MBS Federal Home Ln BKS Tranche US GVT Bonds 10/14/26 1,265% $ 740.000.00 $ 740.000.00 Note (3) U.S Government Bonds - Total 0.903 % $ 3,183,000.00 $ 3,183,000.00 State of Calif: LAIF Pooled N/A 3.929 % $ 33,070,793.62 $ 33,070,793.62 Note (4) So. Co. Investmt. Pool Pooled N/A 3.114 % 40,995,215.86 40,995,215.86 Note (5) Rohnert Park Managed Portfolio Pooled N/A 6.0009E 19,651,308,03 19,651,30S,03 Note (6) Total Managed Pools 3.797% S 93,717,317,51 $ 93,717,317.51 Subtotal City Investment Portfolios 2.783 % $ 148,440,930.87 $ 148,440,930.87 Wilfred Widening Construction Dep Ckg N/A 0 360% $ 98,880.90 $ 98,880,90 Note (7) JEPA Deposit Ckg N/A 0 760% 510.459.89 510.459.89 Note (8) Subtotal Dedicated Portfolios 0.695% $ 609,340.79 S 609,340.79 Total Pooled Investments $ 149,050,271.66 $ 149,050,271.66 PARS Cash Contribution Trust N/A 5.7600,0 $ 476,627.69 S 476.627.69 Note (9) Total Pooled Investments & PARS Trust $ 149,526,899.35 $ 149,526,899.35 Note (1) Business Checking Accounts. Note (2) Cash drawers at each City cash collection site. Note (3) Investments in Certificates of Deposits, T-Bill and Government Bonds Note (4) These are funds invested in the Local Agency Investment Fund, State of California. Current Market Value and Par Value are typically equal. Interest is received quarterly. Note (5) These are funds invested in the Sonoma County Investment Pool. Current Market Value and Par Value are typically equal. Interest is received quarterly. Note (6) These funds are managed by Chandler Asset Management. Note (7) These funds are held as a deposit from Graton Tribe for Wilfred Wideninq proiect. Note (8) These funds are held as a deposit per section 6.1.1 of the Graton Wastewater JEPA. Note (9) These are funds held US Bank Trustee for Public Agency Retirement Services (PARS). POOLED INVESTMENT SUMMARY BY TYPE December 31, 2023 # of % of Avg. Average Days Investment Type Investments Portfolio YTM Par Value Market Value Until Maturity Business Checking 2 7.07% 0.150% $ 10,543,008.05 $ 10,543,008.05 1 Petty Cash 0 0.00% 0.000% 2,605,31 2,605.31 0 CDs -Banks 59 9.60% 3.689 % 14,310,000.00 14,310,000 00 896 US Trasury Bills 1 17.90% 5,110% 26,685,000.00 26,685,000.00 165 US Government Bonds 4 2.14% 0.903% 3,183,000.00 3,183,000.00 855 Managed Pools(LAIF/SCIP) 3 62.88% 3.797% 93,717,317.51 93,717,31751 1 Dedicated Portfolios 2 0.41 % 0.695% 609,340.79 609,340.79 1 Total Pooled Investments " 71 100.00 % $ 149,050,271.66 $ 149,050,271.66 " Does not include PARS Cash Contribution Page 2 of 2 iIM111"I"O MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, July 9, 2024 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Adams called the joint regular meeting to order at 5:00 p.m., which was legally noticed on July 3, 2024. All Council Present: Susan H. Adams, Mayor Gerard Giudice, Vice Mayor Jackie Elward, Councilmember Samantha Rodriguez, Councilmember Emily Sanborn, Councilmember Staff present: City Manager Piedra, City Attorney Kenyon, Public Safety Director Mattos, Human Resources Director Cannon, Director of Community Services Bagley, Director of Public Works Garrett, Director of Development Services Giudice, City Clerk Lopez Cuevas, Interim Finance Director Howze, Planning Manager Pawson, Senior Analyst Carey, Information Systems Technician Azevedo, Information Systems Operations Manager Cotter, and Assistant City Clerk Machado. 2. READING OF THE LAND ACKNOWLEDGMENT Recited by Mayor Adams. 3. PLEDGE OF ALLEGIANCE Led by Mayor Adams. 4. DEPARTMENT HEAD BRIEFINGS None. 5. PRESENTATIONS A. Announcement of the Nomination Period for the November 5, 2024, General Election by City Clerk Sylvia Lopez Cuevas and City Clerk's FY23-24 Accomplishments and Goals for FY24-25 City Clerk Lopez Cuevas announced the nomination period for the November 5, 2024 General Election and provided an overview of the department's responsibilities, accomplishments for FY23-24, and goals set for FY24-25. City of Rohnert Park Joint Regular Meeting Minutes for City Council July 9, 2024 RPFA/CDC Successor Agency Page 2 of 3 6. PUBLIC COMMENTS Peter Alexander spoke about the U.S. Constitution, the Chevron Deference, and Leonard Peltier. John Predawn spoke about an incident with Public Safety. 7. CONSENT CALENDAR TA Acceptance of Reports from Finance Department: 1. City Bills/Demands for Payment dated June 11, 2024 through June 24, 2024 2. RPFA Quarterly Cash Report (as of September 30, 2023) 3. Housing Successor Agency Quarterly Cash Report (as of September 30, 2023) 4. Successor Agency Quarterly Cash Report (as of September 30, 2023) 5. City Quarterly Cash Report (as of September 30, 2023) 7.13 Approval of Meeting Minutes: City Council/RPFA/Successor Agency Joint Regular Meeting, June 25, 2024 TC By Minute Order, Authorize the City Manager to Execute a Consultant Services Agreement with Schaaf & Wheeler, Inc. for Design of the Wet Well Lining Pump Station 2 Project No. 2017-09 in the amount of $93,565.00 7.1) Adopt Resolution 2024-054 Initiating Proceedings for the Formation of Landscape and Lighting District No. 2024-01 (Westside Services) Pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California and Directing Related Actions TE. Adopt Resolution 2024-055 Authorizing an Amendment to the Fiscal Year 2023-24 Budget in the Amount of $127,920 to Receive and Appropriate Grant Funds from the County of Sonoma for Operations of the Labath Landing Interim Housing Program TF Adopt Resolution 2024-056 Authorizing the City to Join CSAC Excess Insurance Authority, Authorizing the City Manager to execute the Joint Powers Authority Agreement and the PRISM Dental Memorandum of Understanding, and Appointing the City Manager to Act in all matters relating to the Authority 7.G Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and by Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed (This is not a project under California Environmental Quality Act ACTION: Moved/seconded (Giudice/Elward) to approve the consent calendar. Motion carried by the following unanimous 5-0-0-0 voice vote: AYES: Elward, Rodriguez, Sanborn, Giudice, and Adams, NOES: None, ABSENT: None, ABSTAINS: None. 8. REGULAR ITEMS None. 9. COMMITTEE / LIAISON/ OTHER REPORTS A. City Standing Committees, Council Liaison Assignments, Outside Agency and Mayors & Councilmembers/City Selection Committee Appointments and Reports Under Government Code Section 53232.3(d): City of Rohnert Park Joint Regular Meeting Minutes for City Council July 9, 2024 RPFA/CDC Successor Agency Page 3 of 3 • Councilmember Elward reported on the Homeless Coalition Board meeting. • Vice Mayor Giudice reported on the Golden Gate Bridge, Highway & Transportation District Board of Directors and Sonoma County Transportation Authority/Regional Climate Protection Authority Board of Directors meetings. • Water Advisory Committee (WAC) to Sonoma Water Board of Directors (7/1) The meeting on July 1, 2024 was a Technical Advisory Committee (TAC) meeting. Council is not required to report on TAC meetings. 10. COMMUNICATIONS Vice Mayor Giudice stated they had a great time at the RP Jubilee. 11. ADDING AGENDA ITEMS TO A FUTURE CITY COUNCIL MEETING AGENDA None. 12. PUBLIC COMMENT None. 13. ADJOURNMENT Mayor Adams adjourned the meeting at 5:45 p.m. Elizabeth Machado, Assistant City Clerk City of Rohnert Park Susan H. Adams, Mayor City of Rohnert Park ITEM NO. 7.C. "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." �^+rratg4�' CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Administration Submitted By: Sylvia Lopez Cuevas, City Clerk Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Acceptance of Report — Councilmember Sanborn's Appointment of Jan Post -Schwarz to the Senior Citizens Advisory Commission to Fill a Term Expiring on December 31, 2026 RECOMMENDED ACTION: Accept report of Councilmember Sanborn's Appointment of Jan Post -Schwarz to the Senior Citizens Advisory Commission to Fill a Term Expiring on December 31, 2026. BACKGROUND: In compliance with the Maddy Act (Gov't Code § 54970, et seq.) a special vacancy notice was posted on January 26, 2024, to fill a Senior Citizens Advisory Commission vacancy. To attract potential applicants, the City Clerk's office distributed the notice in both English and Spanish on the City's website, displayed it at City facilities, posted it on social media and distributed it through the Commissions, Committees, and Boards e-newsletter. Applications received and previously on file were forwarded to Councilmember Sanborn for consideration. ANALYSIS: According to the City Council Protocols Section XI.A.2., for City commissions, committees, and boards with five (5) members, each Councilmember shall be entitled to appoint one member. Although the City of Rohnert Park transitioned to a by -district elections system, it is not required that Councilmembers appoint members within their respective districts. Councilmember Sanborn reviewed the applications received and appointed Jan Post -Schwarz to the Senior Citizens Advisory Commission to fill a term expiring on December 31, 2026. STRATEGIC PLAN AND COUNCIL PRIORITIES/GOALS ALIGNMENT: Making appointments to City Committees, Commissions, and Boards supports the City's values of communication and collaboration and Goal A — Practice participative leadership at all levels. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends Council accept this report, which will confirm the appointment of Jan Post -Schwarz to the Senior Citizens Advisory Commission to fill a term expiring on December 31, 2026. 2. No other options are recommended as each Councilmember is entitled to appoint one member to the Senior Citizens Advisory Commission. ITEM NO. 7.C. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: NA Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval: 07/08/2024 Attachments: I. City Council Protocols Section XI, City Commissions, Committees, and Boards 2. Application (Fact Sheet) VIII. LIAISON ASSIGNMENTS The Mayor assigns liaisons to various outside agencies, committees, commissions, boards, and taskforces. 1. Unless acting in an official liaison capacity, individual Councilmembers should refrain from attending meetings organized or chaired by City staff which are not open to the public. 2 Liaisons are obligated to keep Council well informed on activities pertaining to Rohnert Park via the Council Committee and Other Reports at Council meetings. It is encouraged that these presentations will be no longer than three minutes each. City Council Protocols Page 20 of 27 Amended 612712023 by Reso. No. 2023-047 3. City staff may serve as a liaison with the concurrence of the City Manager. IX. OUTSIDE AGENCY APPOINTMENTS The Mayor nominates and the City Council confirms by majority vote of the membership appointments to outside agencies, committees, commissions, boards, and taskforces. 1. An appointee's role is to represent the City on matters affecting the City of Rohnert Park. Appointees have no authority to appropriate City funds except as otherwise approved by the City Council. 2. Appointees are obligated to keep Council well informed via Council meetings or City staff. 3. Appointees are expected to attend meetings on a regular and consistent basis. 4. Each appointee serves at the pleasure of the City Council. Any City Councilmember may bring forward a proposal to remove an appointee. Three affirmative votes of the City Council are required to remove an appointee. 5. City staff may be appointed with the concurrence of the City Manager. X. COUNCIL COMMITTEES A. Purpose The City Council from time to time forms committees. These committees are formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing committees and in other instances these are ad hoc committees. In order for the committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by committees. B. Appointment Council committees will be appointed by the Mayor. Committee members will be promptly notified of their selection and the scope of the committee assignment. The Mayor will designate the term of the committee and identify whether it is a standing appointment (on -going) or a short-term (ad hoc) assignment. 1. Standing Committee is a committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council. 2. Ad Hoc Committee is a committee that has a specific purpose and limited duration, does not have a continuing subject matter jurisdiction, and does not have a meeting schedule that is fixed by the Council. C. Conflict of Interest Should an appointee to a committee discover a conflict of interest with their appointment to the committee, that discovery will be communicated to the Mayor City Council Protocols Page 21 of 27 Amended 612712023 by Reso. No. 2023-047 immediately. D. Committee Meetings Council committee meetings will be scheduled at times which allow for each member to attend. Each member should make an effort to accommodate the committee meeting schedule. The schedule of committee meetings will be promptly communicated to each committee member. Individual committee members will not meet with other residents or organizations during a fact finding process or other reason associated with the scope of the committee's purpose without the knowledge of all committee members. E. Communications Committee members are obligated to keep all members well informed via the Council Committee and Other Reports at Council meetings, and will not purposely harbor or keep relevant information from other members. F. Committee Materials: Agendas and Minutes Committee meeting agendas will be compiled by staff for standing committees in accordance with requirements under the Brown Act. Committee materials will be provided to each committee member. These materials will be distributed to each committee member at the same time. Special arrangements may be made with committee members who are out of town when materials are distributed. The Councilmember who is the appointee/alternate appointed to the standing committee will report on the committee meeting at a subsequent City Council Meeting. The report of the appointee/alternate provided at the City Council meeting will constitute the official record of said standing committee meeting. G. Committee Recommendations Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, each member may submit their findings and recommendations separately to the City Council. H. Staffing Councilmembers assigned to committees will observe the City Council Protocols regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council. XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS A. Appointments to City Commissions, Committees, and Boards The following procedures will be used in considering appointments by the City Council to the various City commissions, committees, and boards which extend for a term in excess of six (6) months: 1. All persons interested in being considered for service on a City board, commission, or committee must have on file with the City an application (fact - City Council Protocols Page 22 of 27 Amended 612712023 by Reso. No. 2023-047 sheet) or request for reappointment indicating an interest in serving. Councilmembers may not appoint city employees to serve in City Committees, Commissions and Board. 2. For City commissions, committees, and boards with five (5) members, each Councilmember shall be entitled to appoint one member. All other commissions, committees, and boards not divisible by five (5) shall be selected by the Council as a whole on an "at -large" basis. 3. At -large nominees must receive a majority vote of the City Council membership in order to be appointed. 4. Nominations/appointments are made on a rotation basis. Rotation order is by seniority, based on 1) the date first elected to City Council to present continuous period of service and 2) the number of votes received in the event of a tie in period of service. In circumstances in which two members have the same tenure on the City Council, the number of votes received in the election determines the position in the sequence, with the Councilmember receiving the highest number of votes being first. If a Councilmember is appointed to fill a mid-term vacancy, that Councilmember will go to the bottom of the rotational list. The City Clerk shall keep a record of the appointments and the Councilmembers' rotation order. The rotation order shall stay intact for future appointments unless amended or rescinded. 5. Whenever an appointed member of a commission, committee, or board vacates a term of office, the Councilmember who nominated/appointed said person, or the Councilmember's successor in office, shall be entitled to make the appointment to complete the term of office. 6. Whenever a vacancy occurs on a City commission, committee, or board, the City Clerk shall post a notice of the vacancy notifying the public of the vacancy to be filled and the date that applications will be considered to fill the vacancy in compliance with the Maddy Act. 7. The City Council may establish committees, commissions, boards, or other taskforces with a nomination/appointment process as the Council deems appropriate. B. Policy for Service on City Commissions, Committees, and Boards 1. Attendance Members of commissions, committees, and boards are expected to attend meetings on a regular and consistent basis. Board members, commissioners, and committee members should inform the staff liaison in advance if they are unable to attend a meeting. Absence without cause from three consecutive regular meetings or more than three regular meetings within a twelve-month period shall be deemed an automatic resignation. Cause means "illness or other unavoidable circumstance of which the staff is notified prior to the meeting." Vacations and other travel are not cause. The City clerk shall notify the appointing Councilmember and issue a notice of automatic resignation and post the vacancy. City Council Protocols Page 23 of 27 Amended 612712023 by Reso. No. 2023-047 2. Removal Each member of a board, commission, or committee created and appointed by the City Council serves at the pleasure of the City Council. Any Councilmember may bring forward a proposal to remove a board, commission, or committee member. Three (3) affirmative votes of the City Council are required to remove a member of a board, commission, or committee. 3. Role Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, or board is to make recommendations to the City Council on matters affecting the City of Rohnert Park. Except as otherwise provided in state or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council. 4. Conflict of Interest and Traininjz All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act of the State of California and provisions of the common law relating to conflicts of interest. All city council members and designated Conflict of Interest filers, including those serving on any City board or commission, shall complete any Brown Act training and Ethics (AB 1234) trainings provided by the City. City Council Protocols Page 24 of 27 Amended 612712023 by Reso. No. 2023-047 Received by CCO on 3/7/24 OCity of Rohnert Park Fact Sheet for Appointments to Commissions, Committees and Boards Which fnm nissbn, Board. or CommIttes do you seek Appointment? Senior Citizens Advisory Commission Name Jan Post -Schwarz Address Work Phone ( 1 Fax Email I nd'aate Reasons for your IMerest In Appointment fast of my life I've been involved with and in service 'ants Rosa, running the Santa Rosa Senior Center, here. it was my personal anal to keen our seniors e Residence Telephone oftn, 'advocating for our seniors who are often victimized as they age. My husband and I know Jlm Pekkaln —r through pelf and he suggested I apply for this position due to my history with seniors. bet Activities In Gubs. Associations, etc. Teo many to list, however worked with closely with the Council on Aging, Area Agency on Aging.et al as well as many other senior service providers in Sonoma County. Are you Over 18? Yes aI No What Year did you Become a Rohnart Park Realdent?. 1997 Employer C ity of Santa Rosa Mares Type of Business Senior Center on Bennett Valley Road Specific work performed Activities Coordinator High School Diploma Yes No Other degrees, Awards, etc. IF— Misc If appointed, I understand! I will be required to complete an fahlasand any other halitosis as required by the aty of Rohned Park. Yesbe Smat ure Lo77 cSi_ rla�r.�tz� Date: 03/072024 Pli. ERETURN TO CITY C-OWSOFFICE 130 Avram Avenue • Rolnert Park CA • 949M • (707) 5882227 • Fax (707) ]94-9248 www.rpcity.org Form o pmwdby Go, cooma Inro3 m:Namnostlaommmit¢aWad aeminoren UOI9_2020 aorml appalwrentbmetfsms@02a Gm stet v3dsx ITEM NO. 7.D. Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Agenda Title: Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and by Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed. RECOMMENDED ACTIONS: 1. Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and 2. By Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed. BACKGROUND AND ANALYSIS: The City Council is required to review the status of this emergency project at each regular meeting of the City Council and vote to authorize the continuation of Resolution 2024-051 until the emergency action is completed. At this point the action is still necessary, the communication equipment is still failing and immediate replacement is required. Currently, the following findings are still relevant: oo The City's Public Safety Radio system has critically failed; oo The immediate repairs are necessary to permit the continued activities of essential operations or services; oo The emergency will not allow for a delay that would result if the project were competitively bid, and that the action to immediately procure the required components on an emergency basis is necessary. Staff is monitoring and routing the contractor's insurance, labor and performance bonds, city business license, and other document submittals at this time. ENVIRONMENTAL ANALYSIS: This action is exempt from the California Environmental Quality Act ("CEQA") because it does not qualify as a "project" pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3), because it can be seen with certainty that there is no possibility the City's action would cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. ITEM NO. 7.D. Public Safety Antenna and Radio System Replacement Project (CIP2412) involves replacement of existing equipment and is categorically exempt from the requirements CEQA pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction without an increase in use), (14 Cal. Code Regis. §§ 15301, 15302). STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Presenting this progress report is consistent with the City's values of communication and integrity and the City's strategic priority Goal C "Ensure the effective delivery of public services." OPTIONS CONSIDERED: None. This progress report is required by law and City Council Resolution 2024-051. FISCAL IMPACT: There is no fiscal impact associated with this progress report. Department Head Approval Date: 7/15/24 City Attorney Approval Date: 7/17/2024 Finance Director Approval Date: N/A City Manager Approval Date: 7/17/2024 Attachments: 1. Staff report and resolution from June 25, 2024 meeting (Attachment 1) 2 Attachment 1 ITEM NO. 9.D. Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: June 25, 2024 Department: Public Works Submitted By: Vanessa Garrett, Public Works Director and Public Safety Director Tim Mattos Prepared By: Terrie Zwillinger, CIP Program Manager Agenda Title: Adopt a Resolution Pursuant to Public Contract Code Sections 20168 and 22050 Declaring that the Public Interest and Necessity Demand the Immediate Expenditure of Public Money to Safeguard Life and Health For An Emergency Replacement of the Public Safety Antenna and Radio System, Amending the Fiscal Year (FY) 2023-24 Capital Improvement Plan to add the Public Safety Antenna and Radio System Replacement Project (CIP2412) with a Project Budget of $1,500,000.00, approving a Budget Amendment to transfer $1,500,000.00 from Non -Departmental Operating Fund, Equipment over $5,000 to the new CIP2412 Project, and Award the Construction Contract to Dailey -Wells RECOMMENDED ACTIONS: Adopt a Resolution Pursuant to Public Contract Code Sections 20168 and 22050 declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life and health for an emergency replacement of the public safety antenna and radio system, amending the Fiscal Year (FY) 2023-24 Capital Improvement Plan to add the Public Safety Antenna and Radio System Replacement Project (CIP2412) with a project budget of $1,500,000.00, approving a Budget Amendment to transfer $1,500,000.00 from Non -Departmental Operating Fund, Equipment over $5,000 to the new CIP2412 Project, and award the Construction Contract to Dailey -Wells. (4/5 Vote Required) BACKGROUND: The City's Public Safety Radio system is critically failing, and Public Safety has recently had incidents of leaving patrol officers without radio communication. The current radio system is a Motorola MIP 5000 and is eight years old, however the other infrastructure supporting the radio is nearing 30 years old. The radio system is in critical disrepair, often times missing important transmissions and making it difficult for dispatch to communicate to staff in the field. This is a direct safety issue to our staff and community. The Public Safety Department has a very reliable backup system through the Sonoma County Sheriff's Department that staff can switch to during these outages, so although these things have been able to be mitigated so far, it's now become imperative that staff remove any further barriers associated with replacing the City's primary system. 4874-1342-4070 v1 ITEM NO. 9. D. The Fiscal Year 23-24 budget approved funding for replacement of this equipment of $1.5 million. At the time, the equipment was showing signs of needing to be replaced, but since then the issues have compounded into an immediate need for replacement in order to maintain essential communication for life and safety response by the Public Safety Department. ANALYSIS: Staff has been working with Dailey -Wells to understand the critical components that need replacement immediately and provide a scope and fee to replace the radio system, including replacing five Dispatch radio consoles. Dailey -Wells is the only vendor that provides the specialized radio system equipment that Public Safety Dispatch and the Public Safety Officers use. Dailey -Wells is the assigned dealer for Sonoma County for the Tait radio infrastructure (repeater and base station for the radio system). This is the radio system that Sonoma County has implemented and the City needs follow the same direction as the County for standardization and servicability. In addition to replacing the radio system, the project also includes replacing Zetron dispatch consoles. The current consoles have reached the end of their useful life and are no longer supported. Dailey -Wells is the only authorized Zetron dealer for Sonoma County for the dispatch consoles. Dailey -Wells provided a scope and fee for equipment purchase and installation of the Public Safety Antenna and Radio System Replacement Project (CIP2412) in the amount of $1,316,180.44. In order for City staff to move forward as rapidly as necessitates, staff recommends that the City Council approve the following actions: 0o Declare an emergency in accordance with Public Contract Code Sections 20168 and 22050 for the emergency replacement of the public safety antenna and radio system oo Approve actions in accordance with Public Contract Code Sections 20168 and 22050 in order to make the immediate repairs required at I Oth Street Place 0o By a 4/5 vote, make the following findings: o that City's Public Safety Radio system has critically failed; o that immediate repairs are necessary to permit the continued activities of essential operations or services; o that the emergency will not allow for a delay that would result if the project were competitively bid, and that the action to immediately procure the required components on an emergency basis is necessary oo Authorize the project by amending the FY 2023-24 Capital Improvement Plan (CIP) Budget to add a new CIP Project No. CIP2412 0o Amend the FY 2023-24 Capital Improvement Plan Budget to add the new Public Safety Antenna and Radio System Replacement Project (CIP2412) 0o Authorize a budget amendment of $1,500,000.00 to transfer the funds from the Non - Departmental Operating Fund, Equipment over $5,000 to the new CIP2412 project 0o Approve a contract with Daily Wells to perform the emergency construction work as shown in Exhibit A 4874-1342-4070 v1 2 ITEM NO. 9. D. oo Require City Staff to report to the City Council on the status of the emergency project at its next regularly scheduled meeting and at each regular meeting thereafter, as required by the Public Contract Code until the repairs are completed. Emergency Project Justification Per Public Contract Code 20168, the legislative body has authority give staff direction to move forward with this work without following the normal construction contract bidding requirements. In this case, the City Council needs to declare this project an emergency necessary for public life and health. This action is consistent with the City's Purchasing Policy, which defers to the Public Contract Code for public projects. Even though there is no formal bid process required in emergency projects, pricing of the material and installation is based on a competitive process that the County of Sonoma procured through a Request for Proposals (RFP). The RFP included technical specifications and requirements for purchase of mobile and portable radio systems. The components in the County's RFP are the same as the components needed for the City's Public Safety Antenna and Radio System Replacement Project. Communication Strategy During Construction Although the contractor is required to move as quickly as possible, the equipment has a substantial lead time of up to 10 months. In the interim, if needed, the Public Safety department can switch radio transmissions fully to the Sonoma County Sheriff's Office for law related calls in the event of a complete system failure. Fire -related calls and dispatching could be processed by REDCOM with an incurred cost. This strategy ensures that our community and officers will not be impacted during this project. This is not expected to occur but a back up strategy has been considered. Equipment life expectancy The new equipment will have a life expectancy of 15-20 years, which is standard for radio and information technology equipment. Once complete, Public Safety will continue using specialized vendors for maintaining the equipment in order to help it achieve its full life expectancy. ENVIRONMENTAL ANALYSIS: The Project involves replacement of existing equipment and is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction without an increase in use), (14 Cal. Code Regis. §§ 15301, 15302). STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The recommended action is consistent with Strategic Plan Goal 3 (Planning and Infrastructure) and City Council Strategic Priority 2 (Focus on infrastructure and beautification). OPTIONS CONSIDERED: 1. Recommended Option: City staff recommends that the City Council adopt the attached Resolution to authorize the fund allocation and project creation for this new infrastructure replacement project, as well as declaring this an emergency project 4874-1342-4070 v1 ITEM NO. 9. D. 2. Alternative: Staff maybe directed to place this project on hold and not allocate funds. Staff does not recommend this option because the current radio system has far exceeded its lifespan and is a direct safety issue to our staff and community. FISCAL IMPACT: The City Council approved $1,500,000.00 for replacement of the Public Safety Main antenna and radio system under Non -Departmental Operating Fund — Equipment over $5,000 in the 2023-24 fiscal year. If approved, the attached Resolution will authorize the City Manager to create a new CIP project, approve a budget amendment to transfer funds from Non -Departmental Operating Fund, Equipment over $5,000 to fund the new CIP2412 Project, and award the Construction Contract to Dailey -Wells. If the need arises to switch Fire Service Dispatching to REDCOM due to a total failure, the cost is estimated to be $32,000 per month. Department Head Approval Date: 6/4/2024 City Attorney Approval Date: 6/7/2024 Finance Director Approval Date: 6/14/2024 City Manager Approval Date: 6/18/2024 Attachments: 1. A Resolution Amending the Fiscal Year (FY) 2023-24 Capital Improvement Plan to add the Public Safety Antenna and Radio System Replacement Project (CIP2412) with a Project Budget of $1,500,000.00, approving a Budget Amendment to transfer $1,500,000.00 from Non -Departmental Operating Fund, Equipment over $5,000 to the new CIP2412 Project, and Award the Construction Contract to Dailey -Wells a. Exhibit A: Construction Contract with Dailey -Wells 4874-1342-4070 v1 4 RESOLUTION NO.2024-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING AN EMERGENCY PROJECT PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AMENDING THE FISCAL YEAR (FY) 2023-24 CAPITAL IMPROVEMENT PLAN TO ADD THE PUBLIC SAFETY ANTENNA AND RADIO SYSTEM REPLACEMENT PROJECT (CIP2412) WITH A PROJECT BUDGET OF $1,500,000.00, APPROVING A BUDGET AMENDMENT TO TRANSFER $1,500,000.00 FROM NON -DEPARTMENTAL OPERATING FUND, EQUIPMENT OVER $5,000 TO THE NEW CIP2412 PROJECT, AND AWARD THE CONSTRUCTION CONTRACT TO DAILEY-WELLS WHEREAS, the City's Public Safety Radio system has critically failed, and Public Safety has recently had incidents of leaving patrol officers without radio communication; and WHEREAS, the failed radio system results in missing important transmissions and making it difficult for dispatch to communicate to staff in the field, creating a direct safety issue to the City's staff and community; and WHEREAS, the City Council approved $1,500,000.00 for replacement of the Public Safety Main antenna and radio system under Non -Departmental Operating Fund — Equipment over $5,000 in the 2023-24 fiscal year; and WHEREAS, compliance with competitive bidding procedures typically takes a number of months and would not allow prompt action to be taken, as required to safeguard the public and City facilities; WHEREAS, this situation has arisen suddenly and unexpectedly, and involves a clear and imminent threat, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, and essential public services; and WHEREAS, section 20168 of the Public Contract Code provides that if there is an emergency, the City Council may pass a resolution by a four -fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of City funds to safeguard life, health, or property and that upon adoption of such a Resolution, it may expend any sum required in the emergency without complying with the requirements of Public Contract Code Chapter 2.5; and WHEREAS, section 22050 of the California Public Contract Code provides that in cases of emergency and pursuant to a four -fifths vote, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, Public Contract Code section 22050 further provides that in cases of emergency and pursuant to a four -fifths vote, the City Council may also delegate the authority to procure the necessary equipment, services, and supplies to a specified and appropriate City Manager; WiyaisiosrNE11mi WHEREAS, staff recommends declaring a public emergency to implement the Public Safety Antenna and Radio System Replacements Project as expediently as possible; and WHEREAS, this recommended action is consistent with the City's Purchasing Policy, which defers to the Public Contract Code for public projects; and WHEREAS, the FY 2023-24 Capital Improvement Plan (CIP) Budget must be amended to add the new Public Safety Antenna and Radio System Replacements Project (CIP2412) to the 5-year CIP Program, which has money already budgeted; and WHEREAS, the City Council authorizes the City Manager to approve a budget amendment to transfer $1,500,000.00 from the Non -Departmental Operating Fund — Equipment over $5,000 to fund the new CIP2412 project; and WHEREAS, Dailey -Wells provided a scope and fee for equipment purchase and installation of the Public Safety Antenna and Radio System Replacement Project (CIP2412) in the amount of $1,316,180.44; and WHEREAS, Dailey -Wells is the only vendor that provides the specialized radio system equipment that Public Safety Dispatch and the Police Officers use and is the assigned dealer for Sonoma County for the Tait radio infrastructure (repeater and base station for the radio system) and can perform the work immediately; and WHEREAS, staff recommends that the City Council award a sole -source Construction Contract to Dailey -Wells based on the justification that the radio system is a specialized system and they are the only authorized dealer for Sonoma County; and WHEREAS, the California Environmental Quality Act ("CEQA") establishes a statutory exemption for emergency repairs to public service facilities necessary to maintain service, and other specific actions necessary to prevent or mitigate an emergency; and WHEREAS, the Public Safety Antenna and Radio System Replacements Project is a project that is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction without an increase in use), (14 Cal. Code Regis. §§ 15301, 15302). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Council finds, pursuant to Public Contract Code sections 20168 and 22050(a), that based on substantial evidence presented before the City Council, the emergency will not permit a delay resulting from competitive solicitation for bids for the repair of the District's Public Safety Antenna and Radio System, and that this action is necessary to respond to the emergency and to safeguard life and health. BE IT FURTHER RESOLVED that City staff will proceed to obtain all necessary regulatory authorizations for the repair on an expedited basis using all available emergency procedures. BE IT FURTHER RESOLVED that City staff will request all governmental entities with authority over this repair to expedite their consideration of the matter and to use available emergency procedures to ensure that this repair is completed in a timely manner so as to avoid the harms that would result from a catastrophic failure of the system. 4892-3486-7910 v1 Resolution 2024-051 Page 2 of 3 BE IT FURTHER RESOLVED that the City Council will review the status of this emergency at each subsequent regular meeting of the City Council and vote to authorize continuation of this Resolution until the emergency action is completed. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park, including Exhibit A. BE IT FURTHER RESOLVED that the City Council does hereby amend the Five - Year CIP and FY 23-24 CIP Budget to add Public Safety Antenna and Radio System Replacements Project (CIP2412) with a project budget of $1,500,000.00 from the Non - Departmental Operating Fund — Equipment over $5,000. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to make any changes to the FY 2023-24 Budget to enact this amendment. DULY AND REGULARLY ADOPTED this 25th day of June, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney CITY OF ROHNERT PARK Susan H. Adams, Mayor Attachments: Exhibit A "Construction Contract with Dailey Wells" ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 4892-3486-7910 v1 Resolution 2024-051 Page 3 of 3 PUBLIC SAFETY ANTENNA AND RADIO SYSTEM REPLACEMENT PROJECT PROJECT NO.2024-12 AGREEMENT This Agreement is made this day of , 2024 between the City of Rohnert Park ("City") and Dailey and Wells Communications, Inc., a Texas Corporation, with offices at 3440 E. Houston St., San Antonio, Texas 78219 ("Contractor"), License No. 830673, for the following project ("Project"): Project: Public Safety Antenna and Radio System Replacement Project No. 2024-12 Project Address: 500 City Center Drive, Rohnert Park, CA 94928 SECTION 1 - SCOPE Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work ("Work"), generally described in the Scope of Work attached as Attachment A — Scope of Work. City will provide access to the site and any information in City's possession to enable Contractor to complete all Work required and outlined in the Scope of Work. City acknowledges that Contractor has requested that City ensure Two 30AMP Circuits are at each radio site, ensure a ground exists at each equipment site less than 5 ohms, and provide any structural analysis that may be required. SECTION 2 - PRICE A. City agrees to pay, and Contractor agrees to accept, the sum of One Million, Three Hundred Sixteen Thousand, One Hundred Eighty Dollars and Forty -Four Cents ($1,316,180.44) (the "Contract Price") subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Payments will be made in four (4) separate milestone payments as set forth in Attachment H and agreed upon by both parties, with payment due on all undisputed invoices within 30 days of submission. B. Contractor shall submit a payment application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Contract Documents. All payment applications shall be accompanied by the appropriate waiver and release form as set forth in Civil Code sections 8132, 8134, 8136, or 8138. City shall make payment within 30 days of receipt of application, less five percent retention on projects over $5,000. City shall release the retained funds within 60 days following the completion of the Work in accordance with Public Contract Code section 7107. SECTION 3 - TIME A. Contractor shall commence the Work following City's issuance of the Notice to Proceed. Contractor shall achieve Substantial Completion within 261 working days of issuance of the Notice to Proceed. Contractor shall achieve Final Completion of the Work within 271 working days of issuance of the Notice to Proceed (the "Contract Time"). Public Safety Antenna and Radio System Replacement Project -I- City of Rohnert Park Project No. 2024-12 OAK#4822-2061-5061 Q B. Time is of the essence of this Agreement. C. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors and suppliers so as not to delay or damage their performance. D. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence. SECTION 4 — LIQUIDATED DAMAGES A. As liquidated damages for delay Contractor shall pay City $100 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved (as such may be extended in accordance with the Contract Documents). B. As liquidated damages for delay Contractor shall pay City $100 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved (as such may be extended in accordance with the Contract Documents). C. Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by City because of a delay in completion of all or any part of the Work. Contractor and City agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by City, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages. D. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third -parties), and defense costs thereof. City may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then -accrued liquidated damages. SECTION 5 — CARB IN -USE OFF -ROAD DIESEL-FUELD FLEETS A. Contractor shall complete and return the "In -Use Off -Road Diesel -Fueled Fleets Certification" attached hereto as Attachment D to City within fifteen (15) calendar days after this Agreement is fully executed. If Contractor fails to timely do so, City shall have the same rights as if Contractor had breached this Agreement. B. Contractor warrants that it is knowledgeable of and will comply with California Code of Regulations Title 13, Sections 2449, 2449.1, and 2449.2, relating to In -Use Off -Road Diesel - Fueled Fleets (the "Regulations"), issued by the California Air Resources Board ("CARB") effective October 1, 2023. Public Safety Antenna and Radio System Replacement Project -2- City of Rohnert Park Project No. 2024-12 OAK#4822-2061-5061 Q C. If Contractor or its listed subcontractors intend to use vehicles subject to the Regulations in its performance under this Agreement, Contractor must obtain copies of the valid Certificates of Reported Compliance, as described in Regulation Section 2449(n), for the fleet, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall not enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for the fleet and Contractor's listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall only allow fleets with valid Certificates of Reported Compliance on Contractor's job sites. D. The Certificates of Reported Compliance received by the Contractor for this Project must be retained for three (3) years after the Project's completion. Upon request by CARB, these records must be provided to CARB within five (5) business days of the request. E. Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Compliance for the current compliance year, as defined in Regulation Section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year. Contractor must not write contracts to evade this requirement. F. If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor's job site, then Contractor must report the required information to CARB within the time period contained in in the Regulations. G. Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor. H. If applicable, Contractor shall prominently display signage for any project where vehicles subject to the Regulation as provided and within the time period contained in in the Regulation. SECTION 6 — TERMS AND CONDITIONS Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, "Contract Documents"): A. Attachment A — Scope of Work and Fee B. Attachment B — General Conditions C. Attachment C — Insurance D. Attachment D — In -Use Off -Road Diesel -Fueled Fleets Certification E. Attachment E — Performance Bond F. Attachment F — Labor and Materials Payment Bond G. Attachment G — Supplemental Conditions Public Safety Antenna and Radio System Replacement Project -3- City of Rohnert Park Project No. 2024-12 OAK#4822-2061-5061 Q H. Attachment H — Milestone Payment Schedule The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect. 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. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. The parties hereby expressly agree to the use of electronic signatures, which shall be deemed to have the same effect as an original signature. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK DAILEY-WELLS Marcela Piedra, City Manager Date Per Resolution No. 2024-_adopted by the Rohnert Park City Council at its meeting of June 25, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: City Attorney Signature on file with City Clerk's Office Richard Wells, President Date Public Safety Antenna and Radio System Replacement Project -4- City of Rohnert Park Project No. 2024-12 OAK#4822-2061-5061 Q ATTACHMENT A SCOPE OF WORK AND FEE Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work ("Work") generally described as a new turnkey Analog Simulcast 3 site, 2 channel system with 5 position new dispatch consoles, an emergency backup console at Fire Station 2, as well as new state of the art microwave connectivity to the radio sites, as more detailed on the next page: Additionally, Contractor's scope of work includes, but is not limited to, the following: • Provide labor, material and equipment to perform the Work. • Obtain all necessary permits and approvals for the Work. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • The Contractor shall be responsible for handling its own materials, supplies and equipment. • Coordinate with owner -scheduled events. • The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work. Public Safety Antenna and Radio System Replacement Project -5- City of Rohnert Park Project No. 2024-12 OAK#4822-2061-5061 Q Attachment A - Scope and Fee Subject: Scope of Work Radio Infrastructure Replacement. Dailey -Wells Communications, Inc. (DWC) appreciates the opportunity to provide the City of Rohnert Park a new turnkey Analog Simulcast 3 site 2 channel system with a 5 positions of new dispatch consoles, an emergency backup console at station 2 as well as new state of the art microwave connectivity to your radio sites. Dailey -Wells proposes the following scope of work. oc Replacement of Network Connectivity o Install Microwave Link at Water Treatment Plant o Install Microwave Link from Magnolia Park o Use Existing Connectivity at Fire Station 2 o Use existing Connectivity at Rohnert Park Public Safety oc Replacement of Antenna Coax and Antennas o Replace Coax and Connectors. Install New Antennas and GPS Antennas at Water Treatment, Magnolia, and Fire Station 2 o Once Antennas are Installed Lines will be swept to make sure everything falls within spec at all 3 sites. oc Installation of New Base Stations and Battery Backups o Install 2 New Tait TB9400 Base Stations with Battery Backups at Water Treatment o Install 2 New Tait TB9400 Base Stations with Battery Backups at Magnolia Park o Install 2 New Tait TB9400 Base Stations with Battery Backups at Fire Station 2 oc Installation of 5 New Zetron Consoles at Rohnert Park Public Safety Building o Remove and install new dispatch consoles for position 1-4 and add a new position 5 console. o Install 5 backup radios, one per position. o Install new antenna subsystem on the roof of Public Safety Building oo Zetron Fire Alerting System o Install New Zetron Fire Alerting HUB at Rohnert Park Public Safety Building. Cor Por ate Headquarters 3440 E. Houston St. San Antonio, Texas 78219 o Interface Fire Alerting System CAD Dump into your current CAD and interface 5 Tone Paging. oc Removal of Old Equipment o Dailey Wells will uninstall the old equipment and put it in a mutually agreed location and the City is responsible for removal. oc Contractors for Project o Dailey Wells Communications Responsible for the Staging and installation of the RF Equipment and Console Radio Equipment. o LD Strobel will be responsible for the implementation of the Microwave System and Implementation of the new Antennas and Coax. LD Strobel will also check all lines and connectors and provide RF Reports that Dailey Wells will provide the City at the end of the project. o Training for the Consoles — Dailey Wells has contracted Zetron to train your dispatchers. oo Note all equipment will be staged and optimized in our staging facility in San Antonio, TX and the City can send a representative to witness the equipment. Any questions regarding the attached scope of work can be directed to Michael Priolo, Director - Major Accounts at (213) 810-6113, (mpriolo@dwcomm.com). Best Regards, G/ Mike VNa ai ey & Wells Communications, Inc. Corporate Headquarters 3440E.HoustonSt.SanAntonio,Texas 78219 Dailey and Wells Communications, Inc. Rohnert Park Radio System Project May 9 2024 ITEM PART (MODEL) NO. DESCRIPTION CITY UNIT PRICE EXTND PRICE 10 905-0581 MAX Standard Workstation Bundle Position Includes: 1 Operator Workstation PC, 1 Media Dock, 2 Speakers, power supply, Licenses Sold Separately. Requires: (1) 930-0240 MAX Dispatch Base Software License. All manuals are included in soft copy format with the MAX Software. This BOM contains Sub -Items: 20 through 120 5 $ 7,663.60 $ 38,318.00 20 415-0219-1 Zetron Mouse Pad 5 30 416-0012 AC Power Cord (North America) 5 40 421-0286 Speaker Label Set 5 50 709-0170-10F 10 ft Shielded Cat5e Cable for Speakers 10 60 802-0692 Power Supply, Desktop 60W 5 70 802-0756 Optical Mouse, Waterproof Antimicrobial 5 80 802-5065 Computer, DELL XE3, SFF, W10PRO, NVMe SSD 5 90 901-9691 Media Dock XS 5 100 950-1200 Media Dock XS Under Desk Top Mounting Kit 5 110 950-1405 Amplified 5W Speaker V2 Assembly 10 120 802-5086 Computer,Dell OPTIPLEX XE4 SFF 5 Subtotal Workstation Bundle: $ 38,318.00 MAX Operator Workstation Software Licenses This BOM contains Items: 130 through 170 130 930 0222 Individual Call Software Feature Set Includes: Individual radio call, Call Alert, Radio Check, Radio Monitor, Inhibit, Uninhibit 5 $ 1,126.25 $ 5,631.25 140 930-0224 Tone Signaling/Paging Feature Set Includes: Manual Paging Operation, Instant Call Stacked Paging, 2-tone 100, 1000, Custom Calls (Mot & GE), Quick Call (2+2), DTMF, Knox 5 $ 1,689.80 $ 8,449.00 150 930-0225 Event Replay Short term audio playback at the console position. 5 $ 1,915.05 $ 9,575.25 160 930-0226 MAX Dispatch Aux 1/0 Console Feature Set 5 $ 1,689.80 $ 8,449.00 170 930-0240 1 MAX Dispatch Base Software License 5 $ 5,248.75 $ 26,243.75 Subtotal Workstation Licenses: $ 58,348.25 Workstation Hardware Options This BOM contains Items: 180 through 230 180 950-0032 Headset, 6-Wire with PTT, Noise Cancelling Dual -prong adapter which includes one headset top. 5 $ 444.55 $ 2,222.75 190 802-0115 Headset Top, Noise Cancelling 5 $ 140.25 $ 701.25 200 950-1077 Dual Prong Headset Jackbox Option; Dual Volume Control Needed for TRHI functionality 5 $ 888.25 $ 4,441.25 210 901-9731 Desktop Microphone, with 6' RJ45 to RJ45 Cable 5 $ 1,306.45 $ 6,532.25 220 950-9102 Footswitch, Single with 10' cable 5 $ 270.30 $ 1,351.50 230 709-0170-10F 10 ft Shielded Cat5e Cable for Speakers 5 $ 24.30 $ 121.50 Subtotal Hardware Options: $ 15,370.50 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 MAX Radio Gateway Interface & Options This BOM contains Items: 240 & 250 MAX Radio Gateway Conventional (DB15) Hardware This hardware variant is used when the radio is co -located with the MAX Radio Gateway and the 240 901-9675 1 $ 4,340.70 $ 4,340.70 cable can run directly from the unit to the radio itself. This device supports 2 radio connections. Includes one 10' shielded Cat 5e cable. 250 709-7968-20F MAX Radio Gateway to Tail Cable (20ft) 2 1 $ 99.00 $ 198.00 Subtotal Radio Gateway: $ 4,538.70 MAX Digital Radio Gateway Interface & Options This BOM contains Items: 260 & 270 MAX Digital Radio Gateway 260 901-9725 This Radio Gateway hardware model is used when interfacing via IP directly to a NEXEDGE DMR, or 3 $ 3,649.05 $ 10,947.15 P25 DFSI System. P25 DFSI Interface License 270 930-0270 3 $ 1,126.25 $ 3,378.75 A license is required for each DFSI Talkpath being monitored at the console. 280 930-0444 DFSI 2-Tone Paging on P25 via the DRG 1 3 $ 333.90 $ 1,001.70 Subtotal Digital Gateway: $ 15,327.60 MAX System Hardware/Software This BOM contains Items: 280 through 360 MAX Central 290 901-9740 MAX Central is the hardware platform that hosts the MAX Manager, Telephony Gateway, IP Voice 3 $ 4,144.60 $ 12,433.80 Logger Gateway, and the Aux 1/0 Gateway. Includes five 10' shielded Cat 5e cables. Z-Node Manager 300 930-0231 2 $ 3,491.80 $ 6,983.60 At least 1 Z-Node Manager is required for each system. 310 930-0376 Block of 2 Radio Channel Licenses 2 $ 270.30 $ 540.60 IP Voice Logger Channel Block License 320 930-0237 1 $ 518.50 $ 518.50 Provides IP Logging Access for up to 10 Radio Channels. May require additional Centrals. Aux 1/0 Port License - 48 Ports 330 930-0239 (Supports any combination of Inputs and Outputs up to 48) 1 $ 991.10 $ 991.10 Acromag Ethernet 1/0 Unit 32 Optically Isolated Inputs, 16 Relay Outputs (250 VAC@ 2A) 18 to 36 VDC, Power Supply Not 340 802-2117 1 $ 2,182.50 $ 2,182.50 Included. IMPORTANT! Order additional 802-0255 Power Supply when step up voltage is necessary, refer to Acromag manual for specifications & requirements. Network Isolation Switch 350 950-1347 Must be used with P/N 802-2117 1 $ 225.00 $ 225.00 360 802-0255 Power Supply for 802-2117 Acromag Ethernet Unit 1 $ 45.00 $ 45.00 370 395-0135 MAX Dispatch Software 1 $ 81.00 $ 81.00 Subtotal MAX System: $ 24,001.10 Rack Mounting & Power Equipment -T This BOM contains Items: 370 through 410 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 Redundant 12VDC Power System - Up to 20 Devices 380 950-1142 This is a redundant power supply that can support up to 20 MAX Dispatch devices. Includes 19" rack 1 $ 2,981.70 $ 2,981.70 mount enclosure. 12VDC Power Distribution Panel 390 950-1134 1 $ 549.00 $ 549.00 Can support up to 40 MAX Dispatch devices. Fuses not included. 400 416-0043 Fuse, 3 Amp 10 $ 24.30 $ 243.00 410 950-0588 Dual Unit Rack Mount Option 3 $ 215.10 $ 645.30 420 810-0142 19" Rack ZU Shelf 1 $ 95.40 $ 95.40 Subtotal Rack & Power: $ 4,514.40 Monitors & Network Equipment This BOM contains Items: 420 & 430 23" Widescreen LCD Monitor 430 802-2311 5 $ 322.20 $ 1,611.00 Supports up to 1920x1080 resolution. MAX Disp 24-Port (Non- POE) Managed Gigabit Switch 440 950-1461 2 $ 765.00 $ 1,530.00 Two required for high availability network. 1 Subtotal Monit rs&Network:l $ 3,141.00 Product Service Plans This BOM contains Items: 440 & 450 450 XMP-0344-EBS-4 MAX-PSP Extended Sery Plan (4YR) 5 $ 6,840.00 $ 34,200.00 MAX-PSP Remote Configuration Services Systems & CSSI 460 XMP-0344-RCS Remote assistance for initial system configuration. Additional remote and/or on -site configuration 1 $ 5,830.00 $ 5,830.00 may be necessary based on design and project complexity. Subtotal Service Plans: $ 40,030.00 Product Warranty Package This BOM contains Item: 460 MAX-PSP Base Service Plan 470 XMP-0344-BAS 1 year Software Services, 1 year Hardware Services, 1 year of Advance Hardware replacement, 5 $ 1.00 $ 5.00 Operator web training (2-4 hr sessions) and 1 year membership in the Zetron MAX Users Group Subtotal Warranty Package: $ 5.00 Zetron Fire Alerting - HARDWARE - Fire Station (Optional) This BOM contains Sub -Item: 470 through 560 LED Firehouse Display - Monochrome 33" x 4" Includes one MOXA Box. Mandatory add -on is TTS p/n either basic or premium. Reseller to source 480 950-1420 firehouse mounting hardware. 0 $ 2,531.25 $ 950-1424 MAX FSA LED Firehouse Display Power Supply not included 490 950-1424 MAX FSA LED Firehouse Display Power Supply 0 $ 40.50 $ 500 709-8117-20F FSA Reader Board Serial Cable (CATS to RS485), 20 FT 0 $ 99.00 $ FSA Reader Board Rear -mount Metal Brackets (most common use case) 510 802-0720 0 $ 67.50 $ Sold as a pair because each sign generally requires 2 brackets for mounting. 520 905-0536 MAX Fire Station Gateway 0 $ 2,793.10 $ Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 520 802-5036 8 Port POE Managed Switch 0 $ 330.30 $ 530 709-7968-20F MAX Radio Gateway to Tail Cable (20ft) 0 $ 81.00 $ Acromag Ethernet 1/0 Unit 16 Discrete 1/0 Channels - Any mix of Inputs and Outputs 12 - 32 VDC Note: Programming 540 802-1111 0 $ 630.00 $ performed with common USB mini B cable (not supplied) and the no charge downloadable software from Acromag website (registration req'd). Acromag sells an optional programming kit XT-SIP. Acromag Ethernet 1/0 Unit 32 Optically Isolated Inputs, 16 Relay Outputs (250 VAC@ 2A) 18 to 36 VDC, Power Supply Not 550 802-2117 0 $ 2,265.30 $ Included. IMPORTANT! Order additional 802-0255 Power Supply when step up voltage is necessary, refer to Acromag manual for specifications & requirements. Network Isolation Switch 560 950-1347 Must be used with P/N 802-2117 0 $ 238.50 $ 570 802-0255 Power Supply for 802-2117 Acromag Ethernet Unit 0 $ 47.70 $ Subtotal Fire Alerting: $ HARDWARE - Dispatch Center This BOM contains Items: 570 & 580 MAX Central 580 901-9740 MAX Central is the hardware platform that hosts the MAX Manager, Telephony Gateway, IP Voice 1 $ 3,726.00 $ 3,726.00 Logger Gateway, and the Aux 1/0 Gateway. Includes five 10' shielded Cat 5e cables. 590 901-9738 MAX Central Portal Host 1 1 $ 3,179.07 $ 3,179.07 Subtotal Dispatch Center Hardware: $ 6,905.07 SOFTWARE This BOM contains Items: 590 through 630 TTS - Text Gateway Premium License 600 930-0412 For use with upgrades to TTS from basic MAX FSA CAD API installations; includes SW as found in PN 1 $ 8,343.00 $ 8,343.00 681-0128 Premium ReadSpeaker Text to Voice multi -fonts w/out any PLA MAX Dispatch & MAX FSA Stacked Actions Feature License 610 950 1363 5 $ 1,693.80 $ 8,469.00 One License Per Console (formerly Multi- Function Button Software Kit) Z-Node Manager 620 930-0231 1 $ 3,138.75 $ 3,138.75 At least 1 Z-Node Manager is required for each system. 630 930-0233 MAX Portal Remote Radio or Console License 3 $ 202.50 $ 607.50 630 930-0446 MAX FSA Connection License per Fire Station 3 $ 0.81 $ 2.43 Enter quantity of fire stations for PSP calculation of Price List PN XMP-0359-EBS 640 950-1435 MAX FSA Standard Software 5 $ 5,032.80 $ 25,164.00 Subtotal Software: $ 45,724.68 MAINTENANCE - Product Service Plans This BOM contains Sub -Item: 640 & 650 MAX FSA-PSP Base Service Plan 650 XMP-0359-BAS 1 year Software Services, 1 year Hardware Services, 1 year of Advance Hardware replacement, 3 $ 0.81 $ 2.43 Operator web training (2-4 hr sessions) and 1 year membership in the Zetron MAX Users Group Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 660 XMP-0359-EBS-4 I MAX FSA-PSP Extended Sery Plan (4YR) 3 1 $ 4,950.00 $ 14,850.00 Subtotal Maintenance: $ 14,852.43 Command IQ - MAX Compact 630 950-1445 Command IQCompact Workstation 1 $ 9,933.95 $ 9,933.95 640 930-0406 Command IQ Individual Call SW Feature Set 1 $ 518.50 $ 518.50 650 930-0408 Command IQ Signaling/Paging Feature Set 1 $ 765.85 $ 765.85 660 930-0409 Command IQ 1/0 SW Feature License 1 $ 765.85 $ 765.85 670 901-9731 Desktop Microphone, with 6" RJ45 to RJ45 1 $ 1,306.45 $ 1,306.45 680 950-9102 Footswitch, Single with 10' cable 1 $ 270.30 $ 270.30 690 027-0204 CommandlQQuick Start Card 1 $ 14.00 $ 14.00 Subtotal Network Equipment: $ 13,574.90 Network Equipment 700 VS-CR3D FIREWALL,FPR1010, WITH ANYCONNECT 1 $ 3,790.50 $ 3,790.50 710 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 2 $ 2,945.00 $ 5,890.00 720 VS-MN3X KIT, C1111 ROUTER SITE MTG 2 $ 148.20 $ 296.40 730 VS-CUBZ SWITCH,SMARTNET,C1000-16T-E-2G-L 5 $ 1,567.50 $ 7,837.50 740 VS-CU7Y MODULE,SFP GBIC 10 $ 475.00 $ 4,750.00 Subtotal Network Equipment: $ 22,564.40 Rack Equipment 750 SR4POST Tripp Lite 45U 4-Post Open Rack 2 $ 690.02 $ 1,380.05 760 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 165.36 $ 165.36 770 SRSHELF213 Tripp Lite 2U Cantilever Fixed Shelf 7 $ 101.30 $ 709.12 Subtotal Rack Equipment: $ 2,254.53 Backup All -Band Radios XL-200M Full Spectrum Mobile Radios (Qty. 9) 780 XZ-MPM1M MOBILE, XL-200M, MULTIBAND 9 $ 2,670.50 $ 24,034.50 790 XZ-PL4J FEATURE, VHF BAND 9 $ 385.00 $ 3,465.00 800 XZ-PL4K FEATURE, UHF BAND 9 $ 385.00 $ 3,465.00 810 XZ-PL4L FEATURE, 700/800 MHZ BAND 9 $ 385.00 $ 3,465.00 820 XZ-PKGBF FEATURE, 256-AES, 64-DES ENCRYPTION 9 $ 525.00 $ 4,725.00 830 XZ-CP6A CONTROL UNIT, XL -CH 9 $ 1,155.00 $ 10,395.00 840 XZ-MA4A KIT, MOUNTING XL -MOBILE UNIVERSAL 9 $ 346.50 $ 3,118.50 850 XZ-CA6H CABLE, XL -MOBILE, ACCESSORY 9 $ 136.50 $ 1,228.50 860 XZ-Y3EWP ISERVICE ASSIST,EXT WARRANTY 3 YR, XL200M 9 $ 200.00 $ 1,800.00 870 ANT-SUBSYS jAntenna Subsys., Combiner, RXMC, Antennas, Cabling 1 $ 22,500.00 $ 22,500.00 Subtotal Backup Radios: $ 78,196.50 PD Radio - XL-185M VHF Mobile Radio (Qty. 11 880 XT-MPS1M MOBILE, XL-185M, SINGLE BAND 1 $ 2,823.10 $ 2,823.10 890 XT-Y3EWP WARRANTY, EXTENDED, 3 YR, MOBILE 1 $ 200.00 $ 200.00 900 XT-PL9E FEATURE, SINGLE -KEY AESENCRYPTIO 1 $ 0.01 $ 0.01 910 XT-PL4U FEATURE, SINGLE -KEY DES ENCRYPTIO 1 $ 0.01 $ 0.01 920 1 XT-PLBY FEATURE, ENCRYPTION LITE 1 $ 0.01 $ 0.01 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 930 XT-PL4J FEATURE, SINGLE BAND, VHF 1 $ 0.01 $ 0.01 940 XT-PL9U FEATURE, XL -LINK 1 $ 92.50 $ 92.50 950 XT-MA4A KIT, MOUNTING XL -MOBILE UNIVERSAL 1 $ 366.30 $ 366.30 960 XT-CP6A CONTROL UNIT, XL -CH 1 $ 1,221.00 $ 1,221.00 970 XZ-MC6A MICROPHONE, XL, STANDARD MOBILE 1 $ 77.70 $ 77.70 Subtotal VHF Radio: $ 4,780.63 DC Power Distribution (9 Radios); 135 AMP, 12 VDC 980 ICT1600-12SBC 12V 120A 1RU Power Supply w/TCP/IP Eth, BBU, LVD 2 $ 1,760.00 $ 3,520.00 990 ICT180S-12 12/24 Vdc Distribution Panel, Standard 2 $ 355.00 $ 710.00 1000 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 2 $ 300.00 $ 600.00 1010 12V190F ENERSYS POWERSAFE 12V190F BATTERY 12V 190AH FRONT TERMINAL 2 $ 1,066.95 $ 2,133.90 1020 DWCBATPWRKIT250 Battery Cables, Fuse, Fuse Retainer, Terminals 2 $ 250.00 $ 500.00 Subtotal DC Power Distribution: $ 7,463.90 Water Treament Plant (WTP) - VHF Antenna Subsystem 1030 SPD3400A-VDUP VHF DUPLEXER System 1 $ 19,669.20 $ 19,669.20 1040 DSIFOOP36D-D Dual unity Gain VHF (150-164 MHz) Omni Antenna, PIM rated, DIN Connector 1 $ 2,730.60 $ 2,730.60 1050 NF-LCF12-D01 N (F) for 1/2" Hardline 2 $ 28.42 $ 56.85 1060 NM-LCF12-D01 N (M) for 1/2" Hardline 2 $ 28.44 $ 56.89 1070 GKFORM60-12 Grounding Kit for 1/2" Coax 6 $ 32.65 $ 195.91 1080 HOISTI-12L Hoisting Grips for 1/2" Coax 6 $ 27.14 $ 162.85 1090 LCF12-501-P7 1/2" hardline 400 $ 2.04 $ 817.00 1100 IS-50NX-C2-MA Polyphaser Flange Mount, N/M-N/F, 125-1000 MHz 2 $ 87.39 $ 174.78 1110 LMR-400 3/8in LMR400 Coaxial Cable 50 $ 1.54 $ 76.95 1120 EZ-400-NMH-X IN Male Hex/Knurl Combo No Braid Trim LMR400 4 $ 14.83 $ 59.32 Subtotal WTP VHF Antenna Subsystem: $ 24,000.34 WTP - Tait Components 1130 TB9435S-100T TB9435 Single 100Watts Chassis Assembly 2 $ 1,096.20 $ 2,192.40 1140 T01-01103-BAAA TB94 Rctr 136-174MHz S2 2 $ 2,212.70 $ 4,425.40 1150 T01-01121-BBBA TB94 Linear PA 136-174M 100W 2 $ 2,212.70 $ 4,425.40 1160 TBA30A4-4400 TB8000/9000 Power Management Unit ACDC48 aux48 2 $ 2,144.10 $ 4,288.20 1170 219-01561-00 CBL cord 2m USA IEC blk 2 $ 11.20 $ 22.40 1180 TBAS073 SFE Key -TaskBuilder 2 $ 161.70 $ 323.40 1190 TBAS060 SFE Key- Digital Fixed Station Interface (91/94) 2 $ 448.70 $ 897.40 1200 TBAS062 SFE Key - Simulcast Enable Phase I (91/94) 2 $ 4,054.40 $ 8,108.80 1210 TBAS061 SFE Key - Central Voter (91/94) 2 $ 4,137.00 $ 8,274.00 Subtotal WTP Tait Components: $ 32,957.40 WTP - GPS Equipment 1220 EA-555027-002 Oscillator, SecureSync, RB, Master, DC 1 $ 21,776.00 $ 21,776.00 1230 SA-KRE1011217/02 GPS ANT, 1574-1606MHz,W/MNT, 50' CABLE, SURGE 1 $ 1,023.50 $ 1,023.50 Subtotal WTP GPS Equipment: $ 22,799.50 WTP - DC Power Distribution 1240 JCIVIDRII 148V DC Power Distribution with 100 Ah Battery String 1 1 $ 21,265.75 $ 21,265.75 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 1250 1 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 1 1 $ 300.00 $ 300.00 Subtotal WTP DC Power: $ 21,565.75 WTP - Network Equipment 1260 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 1 $ 3,100.00 $ 3,100.00 1270 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 156.00 $ 156.00 1280 VS-CJ4J POWER SUPPLY, CUI, DC -DC CONV,C1111 1 $ 490.00 $ 490.00 1290 VS-CUBZ SWITCH,SMARTNET,C1000-16T-E-2G-L 1 $ 1,650.00 $ 1,650.00 1300 VS-CU7Y MODULE,SFP GBIC 1 $ 500.00 $ 500.00 1310 VS-CJ4J POWER SUPPLY, CUI, DC-DCCONV,C1111 1 $ 490.00 $ 490.00 Subtotal WTP Network Equipment: $ 6,386.00 WTP - Rack Equipment 1320 SR4POST Tripp Lite 45U 4-Post Open Rack 1 $ 726.34 $ 726.34 1330 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 165.36 $ 165.36 1340 SRSHELF2P Tripp Lite 2U Cantilever Fixed Shelf 2 $ 100.30 $ 200.60 Subtotal WTP Rack: $ 1,092.30 Magnolia Park - VHF Antenna Subsystem 1350 SPD3400A-VDUP VHF DUPLEXER System 1 $ 19,669.20 $ 19,669.20 1360 DSIFOOP36D-D Dual unity Gain VHF (150-164 MHz) Omni Antenna, PIM rated, DIN Connector 1 $ 2,730.60 $ 2,730.60 1370 NF-LCF12-D01 N (F) for 1/2" Hardline 2 $ 28.42 $ 56.85 1380 NM-LCF12-D01 N (M) for 1/2" Hardline 2 $ 28.44 $ 56.89 1390 GKFORM60-12 Grounding Kit for 1/2" Coax 6 $ 32.65 $ 195.91 1400 HOISTI-12L Hoisting Grips for 1/2" Coax 6 $ 27.14 $ 162.85 1410 LCF12-50J-P7 1/2" hardline 400 $ 2.04 $ 817.00 1420 IS-50NX-C2-MA Polyphaser Flange Mount, N/M-N/F, 125-1000 MHz 2 $ 87.39 $ 174.78 1430 LMR-400 3/8in LMR400 Coaxial Cable 50 $ 1.54 $ 76.95 1440 EZ-400-NMH-X IN Male Hex/Knurl Combo No Braid Trim LMR400 4 $ 14.83 $ 59.32 Subtotal Magnolia Park VHF Antenna Subsystem: $ 24,000.34 Magnolia Park - Tait Components 1450 TB9435S-100T TB9435 Single 100Watts Chassis Assembly 2 $ 1,096.20 $ 2,192.40 1460 T01-01103-BAAA TB94 Rctr 136-174MHz S2 2 $ 2,212.70 $ 4,425.40 1470 T01-01121-BBBA TB94 Linear PA 136-174M 100W 2 $ 2,212.70 $ 4,425.40 1480 TBA30A4-4400 TB8000/9000 Power Management Unit ACDC48 aux48 2 $ 2,144.10 $ 4,288.20 1490 219-01561-00 CBL cord 2m USA IEC blk 2 $ 11.20 $ 22.40 1500 TBAS073 SFE Key -TaskBuilder 2 $ 161.70 $ 323.40 1510 TBAS060 SFE Key- Digital Fixed Station Interface (91/94) 2 $ 448.70 $ 897.40 1520 TBAS062 SFE Key - Simulcast Enable Phase I (91/94) 2 $ 4,054.40 $ 8,108.80 1530 TBAS061 SFE Key - Central Voter (91/94) 2 $ 4,137.00 $ 8,274.00 Subtotal Magnolia Park Tait Components: $ 32,957.40 Magnolia Park - GPS Equipment 1540 EA-555027-002 Oscillator, SecureSync, RB, Master, DC 1 $ 20,687.20 $ 20,687.20 1550 SA-KRE1011217/02 GPS ANT, 1574-1606MHz,W/MNT, 50' CABLE, SURGE 1 $ 1,023.50 $ 1,023.50 Subtotal Magnolia Park GPS Equipment: $ 21,710.70 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 Magnolia Park - DC Power Distribution 1560 CMDR II 48V DC Power Distribution with 100 Ah Battery String 1 $ 21,265.75 $ 21,265.75 1570 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 1 $ 300.00 $ 300.00 Subtotal Magnolia Park DC Power: $ 21,565.75 Magnolia Park - Network Equipment 1580 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 1 $ 2,945.00 $ 2,945.00 1590 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 148.20 $ 148.20 1600 VS-CJ4J POWER SUPPLY, CUI, DC -DC CONV,C1111 1 $ 490.00 $ 490.00 1610 VS-CUBZ SWITCH,SMARTNET,C1000-16T-E-2G-L 2 $ 1,567.50 $ 3,135.00 1620 VS-CU7Y MODULE,SFP GBIC 1 $ 475.00 $ 475.00 1630 VS-041 POWER SUPPLY, CUI, DC-DCCONV,C1111 1 $ 490.00 $ 490.00 Subtotal Magnolia Park Network Equipment: $ 7,683.20 Magnolia Park - Rack Equipment 1640 SR4POST Tripp Lite 45U 4-Post Open Rack 1 $ 690.02 $ 690.02 1650 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 157.09 $ 157.09 1660 SRSHELF2P Tripp Lite 2U Cantilever Fixed Shelf 2 $ 95.29 $ 190.57 Subtotal Magnolia Park Rack: $ 1,037.69 Country Club (CC) - VHF Antenna Subsystem 1670 SPD3400A-VDUP VHF DUPLEXER System 1 $ 19,669.20 $ 19,669.20 1680 DSIFOOP36D-D Dual unity Gain VHF (150-164 MHz) Omni Antenna, PIM rated, DIN Connector 1 $ 2,730.60 $ 2,730.60 1690 NF-LCF12-D01 N (F) for 1/2" Hardline 2 $ 28.42 $ 56.85 1700 NM-LCF12-D01 N (M) for 1/2" Hardline 2 $ 28.44 $ 56.89 1710 GKFORM60-12 Grounding Kit for 1/2" Coax 6 $ 32.65 $ 195.91 1720 HOISTI-12L Hoisting Grips for 1/2" Coax 6 $ 27.14 $ 162.85 1730 LCF12-50J-P7 1/2" hardline 400 $ 2.04 $ 817.00 1740 IS-50NX-C2-MA Polyphaser Flange Mount, N/M-N/F, 125-1000 MHz 2 $ 87.39 $ 174.78 1750 LMR-400 3/8in LMR400 Coaxial Cable 50 $ 1.54 $ 76.95 1760 EZ-400-NMH-X N Male Hex/Knurl Combo No Braid Trim LMR400 4 $ 14.83 $ 59.32 Subtotal CC VHF Antenna Subsystem: $ 24,000.34 CC Tait Components 1770 TB9435S-100T TB9435 Single 100Watts Chassis Assembly 2 $ 1,096.20 $ 2,192.40 1780 T01-01103-BAAA TB94 Rctr 136-174MHz S2 2 $ 2,212.70 $ 4,425.40 1790 T01-01121-BBBA TB94 Linear PA 136-174M 100W 2 $ 2,212.70 $ 4,425.40 1800 TBA30A4-4400 TB8000/9000 Power Management Unit ACDC48 aux48 2 $ 2,144.10 $ 4,288.20 1810 219-01561-00 CBL cord 2m USA IEC blk 2 $ 11.20 $ 22.40 1820 TBAS073 SFE Key -TaskBuilder 2 $ 161.70 $ 323.40 1830 TBAS060 SFE Key- Digital Fixed Station Interface (91/94) 2 $ 448.70 $ 897.40 1840 TBAS062 SFE Key - Simulcast Enable Phase I (91/94) 2 $ 4,054.40 $ 8,108.80 1850 TBAS061 SFE Key - Central Voter (91/94) 2 $ 4,137.00 $ 8,274.00 Subtotal CC Tait Components: $ 32,957.40 CC GPS Equipment 1850 EA-555027-002 Oscillator, SecureSync, RB, Master, DC 1 1 1 $ 20,687.20 1 $ 20,687.20 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 1860 SA-KRE1011217/02 IGPS ANT,1574-1606MHz,W/MNT, 50' CABLE, SURGE 1 1 1 $ 1,023.50 $ 1,023.50 Subtotal CC GPS Equipment: $ 21,710.70 CC DC Power Distribution 1870 CMDR II 48V DC Power Distribution with 100 Ah Battery String 1 $ 21,265.75 $ 21,265.75 1880 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 1 $ 300.00 $ 300.00 Subtotal CC DC Power Distribution: $ 21,565.75 CC Network Equipment 1890 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 1 $ 2,945.00 $ 2,945.00 1900 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 148.20 $ 148.20 1910 VS-041 POWER SUPPLY, CUI, DC -DC CONV,C1111 1 $ 490.00 $ 490.00 1920 VS-CU8Z SWITCH,SMARTNET,C1000-16T-E-2G-L 2 $ 1,567.50 $ 3,135.00 1930 VS-CU7Y MODULE,SFP GBIC 1 $ 475.00 $ 475.00 1940 VS-CJ41 POWER SUPPLY, CUI, DC -DC CONV,C1111 1 $ 490.00 $ 490.00 Subtotal CC Network Equipment: $ 7,683.20 CC Rack Equipment 1950 SR4POST Tripp Lite 45U 4-Post Open Rack 1 $ 690.02 $ 690.02 1960 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 157.09 $ 157.09 1970 SRSHELF2P Tripp Lite 2U Cantilever Fixed Shelf 2 $ 95.29 $ 190.57 Subtotal CC Rack Equipment: $ 1,037.69 SIAE Microwave System - Universal Aggregation Platform (AGS20) 1980 AGS20/ASNK 118 Ghz ODU & IDU 1+1 MHSB 1 $ 172,383.83 $ 172,383.83 Subtotal Microwave System: $ 172,383.83 Professional Implementation Services 1990 SSE/SIS-DWC System Staging Event (w/Customer Witnessing) and System Installation Services (Lot) 1 $191,000.00 $ 191,000.00 2000 BU-RADIO-ANT-IS-DWC B/U Radio -Antenna Subsystem Installation 1 $ 24,000.00 $ 24,000.00 2010 WTP-ANT-IS-DWC WTP-Antenna Subsystem Installation 1 $ 44,305.80 $ 44,305.80 2020 SM-ANT-IS-DWC Magnolia Park -Antenna Subsystem Installation 1 $ 52,787.00 $ 52,787.00 2030 1 CC-ANT-IS-DWC Country Club - Antenna Subsystem Installation 1 $ 35,966.80 $ 35,966.80 Subtotal Implementation Services: $ 348,059.60 Subtotal Equipment & Materials: $ 885,431.96 Tax (9.0%): $ 79,688.88 Subtotal Implementation Services: $ 348,059.60 Shipping/Freight: $ 3,000.00 TOTAL PROJECT: $ 1,316,180.44 Company Confidential ATTACHMENT B GENERAL CONDITIONS ARTICLE 1 TERMS OF PERFORMANCE 1.01 Public Safety and Radio System Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and City regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and City, and any proposal, with respect to the Work described herein. 1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of City and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. 1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by City, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of City, and any assignment without City's prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit City (or its designees) access to the work area, Contractor's shop, or any other facility, to permit inspection of the Work at all times during the Contract time. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any City representative, or certification by any governmental entity, shall in no way limit Contractor's obligations under the Contract Documents. Either party's waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party's right thereafter to enforce or compel strict compliance with every provision hereof. City shall have, at all times, set-off rights with respect to any payment and Contractor's failure to perform the terms of the Contract Documents. ARTICLE 2 LEGAL AND MISCELLANEOUS 2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which City shall Public Safety Antenna and Radio System Replacement Project -17- OAK#4822-2061-5061 Q make payment within thirty (30) days. Upon City's written request, Contractor shall make available to City, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to City, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to City, its authorized agents, officers, or employees, such other evidence or information as City may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least three years following completion of the Work. Contractor shall permit City to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to City by this section. Such rights shall be specifically enforceable. 2.02 Independent Contractor. Contractor is an independent Contractor and does not act as City's agent in any capacity, whatsoever. Contractor is not entitled to any benefits that City provides to City employees including, without limitation, insurance, worker's compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor's provision of Work not the means, methods, or scheduling of the Contractor's Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as City's responsibility. 2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the City and its City Council, officers, representatives, agents, employees, and volunteers (City Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability in connection with or incidental to performance under this Agreement resulting from any breach and/or Contractor's negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, City or Contractor shall not be liable to the respective Party or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. City's rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor's obligations to defend, indemnify, and save harmless the City Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Public Safety Antenna and Radio System Replacement Project -18- OAK#4822-2061-5061 Q 2.04 Defective Work; Warranties. Contractor warrants that all services shall be performed in accordance with generally accepted professional standards of good and workmanlike practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to City for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct, repair or replace the Defective Work with conforming Work, and correct, repair or replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the City's resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work within the correction period, City shall have all rights and remedies granted by law. 2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti -kick -back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in anyway attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person's race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law. 2.06 Termination; Suspension; Disputes. City may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as City may determine in its sole discretion. City will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor's fault. City will compensate Contractor for extra costs resulting from such directives only to the extent that City issues such directives for its convenience and not due to Contractor's fault (but City shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for City's convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor's failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against City shall be submitted in writing to City, and shall be governed by Public Contract Code Sections 9204 and 20104 — 20104.6, after which time the one-year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is Public Safety Antenna and Radio System Replacement Project -19- OAK#4822-2061-5061 Q subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein. 2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in City of Rohnert Park, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of City's issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, in accordance with Part 7 of Division 2 of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City's Public Works Department and may be obtained from the California DIR website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. In accordance with Labor Code section 1813, the Contractor shall forfeit, as penalty to the City, $25.00 for each person employed in the execution of the contract by the contractor or by any subcontractor, for each calendar day during which any person is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the Contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements. 2.09 Mandatory Contractor and Subcontractor Registration; Prohibited Contractors. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and Public Safety Antenna and Radio System Replacement Project -20- OAK#4822-2061-5061 Q qualified. 2.10 Worker's Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work. 2.11 Performance Bond; Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account. A. If Contract Sum under the Agreement exceeds (or is expected to exceed) [$5,000], Contractor shall provide a construction performance bond in form attached hereto as Appendix D — Performance Bond and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E — Labor and Materials Payment Bond. Contractor may not substitute cash in lieu of the required bond(s). B. Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference). 2.12 Public Records Act. Contractor is aware that this Agreement and any documents Provided to the City may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers to be confidential under the California Public Records Act. To the extent that City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. 2.13 Claims. A. Should any clarification, determination, action or inaction by City, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and City will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue. B. City will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify City, in writing, within seven days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Public Safety Antenna and Radio System Replacement Project -21- OAK#4822-2061-5061 Q days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 days will result in Contractor waiving its right to the subject claim. C. Claim Format 1. A. Contractor shall submit the claim justification in the following format: (a) Cover letter and certification; (b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief; (c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others; (d) Chronology of events and correspondence: (e) Analysis of claim merit; (f) Analysis of claim cost; and (g) Attach supporting documents referenced in paragraph 2.14.C.1(c), above. D. Required Provisions on Contract Claim Resolution 1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls. 2. Public Contract Code Section 9204 provides: (a) For the purposes of this section, "Claim" means a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. (b) Procedure: (1) Upon receipt of a Claim the City shall conduct a reasonable review of the Claim and within 45 days, or if City's governing body must approve City's response to the Claim and the governing body has not met within the 45 days then within three (3) days of the governing body's meeting, shall provide Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Should City take no action on the Claim within 45 days of submission, it shall be deemed denied. (2) If the Contractor disputes City's response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal Public Safety Antenna and Radio System Replacement Project -22- OAK#4822-2061-5061 Q conference to meet and confer for settlement of the issues in dispute. City shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference City shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes City's statement it shall inform City and they shall mutually agree to a mediator within 10 business days of the written statement. (3) City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion. (4) Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section. (5) For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a). (6) The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action. (7) Failure by the City to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (8) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (9) If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier Public Safety Antenna and Radio System Replacement Project -23- OAK#4822-2061-5061 Q subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so. (10) Nothing in this section shall impose liability upon a City that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (11) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 3. To the extent applicable, Public Contract Code Section 20104, et seq., provide: (a) For the purposes of this section, "Claim" means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. Separate Contractor Claims that together total more than $375,000 do not qualify as a "separate demand of $375,000 or less," as referenced above, and are not subject to this section. (b) Caution. This section does not apply to tort claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code. (c) Procedure: (1) The Claim must be in writing, submitted in compliance with all requirements of General Conditions including, without limitation, the time prescribed by and including the documents necessary to substantiate the Claim. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in the General Conditions or elsewhere in the Contract Documents. (2) For Claims of fifty thousand dollars ($50,000) or less, City shall respond in writing within forty-five (45) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agreement of City and Claimant. City's written response to the Claim, as further documented, shall be submitted to Claimant within fifteen (15) days after receipt of further documentation or within a Public Safety Antenna and Radio System Replacement Project -24- OAK#4822-2061-5061 Q period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (3) For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: City shall respond in writing within sixty (60) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of City and Claimant; City's written response to the Claim, as further documented, shall be submitted to Claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (4) Meet and Confer: If Claimant disputes City's written response, or City fails to respond within the time prescribed above, Claimant shall notify City, in writing, either within fifteen (15) days of receipt of City's response or within fifteen (15) days of City's failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute. (5) Following the meet and confer conference, if the Claim or any portion remains in dispute, Claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Claimant submits its written claim as set forth herein, until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. Public Safety Antenna and Radio System Replacement Project -25- OAK#4822-2061-5061 Q ATTACHMENT C INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract, and for 3 years thereafter, 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, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) 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 $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 twice the required occurrence limit. The City does not accept policies on a claims -made basis. 2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), 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 Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 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 contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self -insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, elected 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 Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Public Safety Antenna and Radio System Replacement Project -26- OAK#4822-2061-5061 Q 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, elected officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance includingall ll required amendatory endorsements (or copies of the alicable policy language eL ectin coverage overage required under this agreement) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work be�i� However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor'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. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City, its elected officials, officers, employees, and volunteers are listed as additional insureds on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Public Safety Antenna and Radio System Replacement Project -27- OAK#4822-2061-5061 Q ATTACHMENT D IN -USE OFF -ROAD DIESEL -FUELED FLEETS CERTIFICATION The undersigned Contractor certifies to the City of Rohnert Park ("Owner" or "City") as set forth in sections I through 2, below: 1. Certification of Compliance. I hereby certify that I and all of my subcontractors will conform to the California Air Resource Board ("CARB") In -Use Off -Road Diesel -Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1) — (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision 0), subparts (1) — (5). 2. Instructions. Check one (1) box below. ❑ Contractor's current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the Certificate must be provided.) ❑ Contractor certifies that its work on the Project (including work of its Subcontractors) does not involve the use of vehicles subject to the CARB In -Use Off- Road Diesel -Fueled Fleets requirements. CONTRACTOR: (Name of Contractor) Date: , 2024 By: (Signature) Name: (Print Name) Its: (Title) END OF CERTIFICATION Public Safety Antenna and Radio System Replacement Project -28- OAK#4822-2061-5061 Q ATTACHMENT E PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: 1. THAT WHEREAS, City of Rohnert Park, a political subdivision of the State of California (Owner) has awarded to (Name of Contractor) , as Principal, a Construction Services Agreement, dated the day of 20_ (Agreement), titled PROJECT, in the amount of $ which Agreement is by this reference made a part hereof, for the work described as follows: (Describe Agreement Work) 2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof, 3. NOW, THEREFORE, we, the undersigned Principal and as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal's part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect. 5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition. 6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly: 6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or 6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) Public Safety Antenna and Radio System Replacement Project -29- OAK#4822-2061-5061 Q sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety's total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term "balance of the Contract Sum," as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal. 7. Surety's obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner's rights against the others. Surety may not use Contractor to complete the Agreement absent Owner's written consent. 8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns. 9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment. 10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below. IN WITNESS WHEREOF, we have hereunto set our hands this .20 CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature Name Title Street Address City, State, Zip Code Public Safety Antenna and Radio System Replacement Project OAK#4822-2061-5061 Q SURETY Company: (Corp. Seal) Signature Name Title Street Address City, State, Zip Code -30- day of ATTACHMENT F LABOR AND MATERIALS PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: 1. THAT WHEREAS, the City of Rohnert Park, a political subdivision of the State of California (Owner) has awarded to (Name of Contractor) , as Principal, a Construction Services Agreement, dated the day of 20 (Agreement), titled THE PROJECT located at in the amount of $ , which Agreement is by this reference made a part hereof, for the work described as follows: (Describe Agreement Work) 2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law; 3. NOW, THEREFORE, we, the undersigned Principal and as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys' fees, otherwise the above obligation shall become and be null and void. 5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic's Lien Law. 6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder. 7. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or Public Safety Antenna and Radio System Replacement Project -31- OAK#4822-2061-5061 Q against any one or more of them, or against less than all of them without impairing Owner's rights against the other. 8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below. IN WITNESS WHEREOF, we have hereunto set our hands this 20. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature Name Title Street Address City, State, Zip Code Public Safety Antenna and Radio System Replacement Project OAK#4822-2061-5061 Q SURETY Company: (Corp. Seal) Signature Name Title Street Address City, State, Zip Code -32- day of ATTACHMENT G SUPPLEMENTAL CONDITIONS CORONAVIRUS RISKS AND CONSTRUCTION REQUIREMENTS As of this date of this contract, the extent and impact of Coronavirus (also known as "COVID- 19") on this project, including with respect to supplies, materials, and labor, may not be known by the parties. Nevertheless, Contractor acknowledges the need to reasonably foresee the extent and impact of COVID-19; warrants that it has taken such risks into account in preparing its bid and procuring supplies, materials, and labor; and shall be deemed to have assumed the risks associated with COVID-19 by Contractor's voluntary entry into this Contract, except as otherwise expressly stated in the Contract Documents. Contractor hereby acknowledges that it has investigated and is familiar with and shall comply with applicable health orders and construction field safety protocols established by the Health Officer of the County of Sonoma. Contractor shall establish any required Code of Safety Practices and designated a Site Safety Representative as may be required under such orders. Contractor acknowledges that it may be subject to further requirements that may be imposed by State Public Health Officer. Contractor hereby acknowledges that compliance with such requirements constitutes part of the Scope of Work under this Contract. Public Safety Antenna and Radio System Replacement Project -33- OAK#4822-2061-5061 Q ATTACHMENT H MILESTONE PAYMENT SCHEDULE Contractor and City agree to the Milestone Payment Schedule as set forth in section 2, below: Milestone Number Description Percentage 1 Contract Signing 30% 2 Equipment Staging and Acceptance 30% 3 Equipment Delivery and Installation 30% 4 System Final Acceptance 10% Public Safety Antenna and Radio System Replacement Project -34- OAK#4822-2061-5061 Q N F eT LI) �M1LIFARpti� ITEM NO. 7.E. Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Eydie Tacata, Senior Public Works Analyst Agenda Title: Adopt a Resolution Accepting Illegal Disposal Sites Abatement Grant Award of $497,700 from CalRecycle RECOMMENDED ACTION: Adopt Resolution Accepting Illegal Disposal Sites Abatement Grant Award of $497,700 from CalRecycle. BACKGROUND: The City applied for CalRecycle's Illegal Disposal Sites Abatement grant in February 2022. The City was struggling with an exponential increase in trash accumulation. This was especially exacerbated during the COVID-19 pandemic, during which a record high of homeless encampments arose within the City limits. To address the trash and biohazard waste generation, the City proposed a combination of staff, materials, and contracts to include: oo Full time streets maintenance worker position for 2 years oo Tamperproof trash bins for public property oo Part -Time project coordinator oo Tamper -proof locking mechanisms for commercial waste bins oo Fencing at the Walmart Parking lot oo Supplies for in-house clean ups oo Electric Mule with bed oo Biohazard contract. As part of the grant application process, the City Council adopted Resolution No. 2022-023 at the February 22, 2022 meeting, authorizing the submittal of the grant application to CalRecycle and also authorizing the Director of Public Works to execute all grant documents, including applications, agreements, amendments and requests for payment necessary to secure grant funds and implement the grant project. In early July 2022, the City was notified of a grant award of $497,000. On July 13, 2022, the City and CalRecycle executed the Grant Agreement (Exhibit A of Resolution), and CalRecycle subsequently sent Notice to Proceed (Exhibit B of Resolution) dated July 19, 2022, authorizing grant -funded activities through June 30, 2024. Staff recently finalized a one-year extension with CalRecycle to extend the grant period to June 30, 2025. ITEM NO. 7.E. ANALYSIS: The City is currently implementing grant -related activities. To date, staff has completed the installation of a fence near the Walmart parking lot to prevent trash entering the right of way, purchased new tamper proof trash cans, has billed time to the grant for streets maintenance workers picking up trash, been reimbursed for the purchase of the electric mule with the bed, and has implemented a biohazard contract with ServPro, a cleaning and restoration services company. During the grant application process, the City conducted its annual survey for the 2021 calendar year. Trash was reported by 7% of the community to be the number one priority. During the 2022 survey, that percentage dropped to 2.81 %, showing a significant reduction in trash accumulation. To date, City staff have collected over 80 thousand gallons of trash due to grant related activities. While the City continues to make great strides in trash reduction, for the City's internal financial processes, the City Council still needs to formally accept this grant by resolution. (This is not a requirement of CalRecycle.) In doing so, this will allow staff to proceed with the proper accounting of the grant funding receivables, receipts and expenditures. ENVIRONMENTAL ANALYSIS: This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The Council action to accept the grant aligns with the Council broad goal of "Long Term Financial Sustainability", as the grant supplemented City funding to give staff the ability to provide cleanup services without creating a burden on the general fund. The acceptance of the grant also aligns with the Council's FY 24-25 priority to "Focus on infrastructure and beautification", the grant funding provided staff with more resources to respond quickly to mitigate waste on public property. OPTIONS CONSIDERED: 1. Recommended Option: Adopt a resolution to formally accept the awarded CalRecycle Grant for Illegal Disposal Site Abatement as this is part of the City's process for accepting grant monies. 2. Alternative: Do not adopt formally accept this grant. Staff does not recommend this as the City has already submitted two payment requests and is well on its way to successfully completing grant activities. FISCAL IMPACT/FUNDING SOURCE: This Council action of accepting the grant will increase the State grants revenue in the General Fund by $497,000. To date, a total of $173,119.24 has been reimbursed to the City through two payment requests, leaving a total grants receivable of $296,880.76. All remaining grant activities eligible expenses, excluding staff time, are to be budgeted in Public Works Housing Contract Services (10004250-64000). Grant reimbursements will offset these expenses. Code Compliance Approval Date: N/A Department Head Approval Date: 07/15/24 2 ITEM NO. 7.E. Finance Approval Date: 07/01/24 Human Resources Approval Date: N/A City Attorney Approval Date: 07/10/24 City Manager Approval Date: 07/15/24 Attachments: 1. Resolution 2. Exhibit A to Resolution: Grant Agreement 3. Exhibit B to Resolution: Notice to Proceed RESOLUTION NO. 2024-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING ILLEGAL DISPOSAL SITES ABATEMENT GRANT AWARD OF $497,000 FROM CALRECYCLE WHEREAS, the City applied for CalRecycle's Illegal Disposal Sites Abatement Grant on February 1, 2022 for $497,700; and WHEREAS, as part of the grant application process, the Rohnert Park City Council adopted Resolution No. 2022-023, which authorized the grant application submittal to CalRecycle and also authorized the Director of Public Works to execute all grant documents, including applications, agreements, amendments and requests for payment necessary to secure grant funds and implement the grant project; and WHEREAS, CalRecycle awarded the City a $497,700 grant, and City and CalRecycle executed a Grant Agreement (Exhibit A) on July 13, 2022; and WHEREAS, the City received a Notice to Proceed (Exhibit B), authorizing grant activities eligible for reimbursement from July 19, 2022 — June 30, 2024; and WHEREAS, City staff recently executed a term extension extending the grant term to June 30, 2025; and WHEREAS, the City has made great strides in trash reduction implementing grant activities and utilizing grant funds; and WHEREAS, the City has received $173,119.24, leaving $296,880.76 in grant funds receivables; and WHEREAS, the City needs to formally accept the grant funds for proper accounting and compliance with internal procedures. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Rohnert Park accepts the grant award of $497,000 from CalRecycle's Illegal Disposal Sites Abatement Grant Program. DULY AND REGULARLY ADOPTED this 23rd day of July, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk CITY OF ROHNERT PARK Susan H. Adams, Mayor APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney Attachments: Exhibit A & Exhibit B ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Resolution 2024-057 Page 2 of 2 State of California - California Environmental Department of Resources Recycling and Protection Agency Recovery (CalRecycle) CalRecycle 110 (Rev 10/19) Grant Agreement Cover Sheet Grant Number SWC88-21-0026 Name of Grant Program 2021-22 Illegal Disposal Sites Abatement Grant Program Grantee Name City of Rohnert Park Taxpayer's Federal Employer Identification Number Total Grant not to Exceed $497,700.00 Start of Grant Term Notice to Proceed Email Date End of Grant Term June 30, 2024 The Department of Resources Recycling and Recovery (CalRecycle) and City of Rohnert Park (the "Grantee"), in mutual consideration of the promises made herein, agree to comply with the provisions of this Agreement, which consists of this Grant Agreement Cover Sheet and the following Exhibits, which are incorporated by this reference and made a part of this Agreement as if attached hereto: Exhibit A — Terms and Conditions Exhibit B — Procedures and Requirements Exhibit C — Application with revisions, if any, and any amendments This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives written approval from CalRecycle. In witness whereof, the parties hereto have executed this Agreement as of the dates entered below. Page 1 of 3 SWC88-21-0026 City of Rohnert Park Department/Grantor Name Grantee Name CalRecycle City of Rohnert Park Signature of CalRecycle's Authorized Signatory Signature of Grantee's Authorized Signatory (as authorized in Resolution, Letter of Commitment, or Letter of Designation) Digitally signed by Brandy Hunt Brandy Hunt Date:2022.07.1317:32:08 X-07'00' Digitally signed by Vanessa Vanessa GarrettGarrett Date: 2022.07.12 13:52:33-07'00' Printed Name of CalRecycle's Authorized Signatory Printed Name of Grantee's Authorized Signatory Brandy Hunt Vanessa Garrett Title Title Deputy Director, CalRecycle Director of Public Works Date Date Jul 13, 2022 Jul 12, 2022 Grantee Payment Address Public Works Department 130 Avram Avenue Rohnert Park, CA 94928 Revised Grantee Payment Address (if needed) Page 2 of 3 SWC88-21-0026 City of Rohnert Park Certification of Funding Amount Encumbered by this Agreement Prior Amount Encumbered for this Agreement Total Amount Encumbered to Date $497,700.00 $497,700.00 Grant Year/Program Chapter Statute Year 2021-22 Illegal Disposal Sites Abatement Grant Program 655 1993 Org Code Reference Fund 3970 516 0386 Enactment Year Fiscal Year Fund Title 1993 2021-22 SWDTF Fi$Cal Expenditure Information Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account 39707820 3700000222 5340580 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Signature of CalRecycle Budget Office Date a ma omezEP�ha36=g2hea%8y'&iaa8GoQZo Jul 8, 2022 Page 3 of 3 SWC88-21-0026 City of Rohnert Park 7/21 /22, 10:02 PM Gmail - RE: Illegal Disposal Site Abatement Partial Grant Program— FY 2019-20 — City of Rhonert Park — Notice to Proceed M Gmail RE: Illegal Disposal Site Abatement Partial Grant Program— FY 2019-20 — City of Rhonert Park — Notice to Proceed 2 messages Berger, Bruce@CalRecycle <Bruce.Berger@calrecycle.ca.gov> To: "djenkins@rpcity.org" <djenkins@rpcity.org> Cc: "Santa Croce, Steve@CalRecycle" <Steve.SantaCroce@calrecycle.ca.gov>, "Pacheco, Joseph@CalRecycle" <Joseph.Pacheco@calrecycle.ca.gov> Dear City of Rhonert Park This email is your Notice to Proceed, which authorizes you as of the date of this correspondence to incur costs for your grant project. Attached is a copy of your executed Grant Agreement Cover Sheet (CalRecycle 110). Please review all Grant Agreement provisions to ensure that grant work performed and costs incurred are in compliance with the Grant Agreement. Remember that you are responsible for managing your contractors, subcontractors, and other agents and ensuring their compliance with the Grant Agreement provisions. Please keep me informed of changes to your staff contact, address, phone number, etc. If you have any questions regarding your project, please contact me at (916) 341 6797 or Bruce. Berger@CalRecycle.ca.gov. Sincerely, emm"O Bruce Berger, PE I California Department of Resources Recycling and Recovery I Waste Permitting, Compliance and Mitigation Division I Solid Waste and Cleanup Unit 11001 I Street Sacramento, CA 95814 I W: 9 16.341 .6797 1 : xxx.xxx.xxxx I A: 916.319.7492 1 17�: Bruce.Berger@CalRecycle.ca.gov Cal Recycle is the state's authority on recycling, waste reduction, and product reuse. Cal Recycle plays an important role in the stewardship of California's natural resources and promotes Innovation and education to encourage economic and environmental susta inability. For more information, visit www.calrecyde.ca.gov. ln SWC88-21-0026 City of Rohnert Park - signed.pdf 580K Tue, Jul 19, 2022 at 10:28 AM Jenkins, Darrin <dajenkins@rpcity.org> Tue, Jul 19, 2022 at 2:58 PM To: "Berger, Bruce@CalRecycle"<Bruce.Berger@calrecycle.ca.gov> Cc: "Santa Croce, Steve@CalRecycle" <Steve.SantaCroce@calrecycle.ca.gov>, "Pacheco, Joseph@CalRecycle" <Joseph.Pacheco@calrecycle.ca.gov> Thank you and I want to acknowledge that I am really impressed in how quickly CalRecycle moved this from approval to notice to proceed. Very impressive. Thanks, Dentin Jenkins City Manager City of Rohnert Park (707)588-2243 https:Hmail.google.com/mail/u/0/?ik=1 e65eOc4ef&view=pt&search=all&permthid=thread-f%3A1738802928377161345&simpl=msg-f%3A1738802928377161345&simpl=msg-f%3A1738819940939400186 1 /2 N F eT LI) �M1LIFARpti� ITEM NO. 7.F. Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Human Resources Submitted By: Jamie Cannon, Director of Human Resources Prepared By: Jamie Cannon, Director of Human Resources Agenda Title: Adopt a Resolution Authorizing and Approving a Letter Agreement to the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Managers' Association (RPPSMA) for the period of June 22, 2021— June 30, 2025 Regarding Operational Lieutenant/Battalion Chief Coverage. RECOMMENDED ACTION: Adopt a Resolution Authorizing and Approving a Letter Agreement to the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Managers' Association (RPPSMA) for the period of June 22, 2021— June 30, 2025 Regarding Operational Lieutenant/Battalion Chief Coverage. BACKGROUND: Following an audit and Grand Jury report, it was identified that a missing tier of supervision created a supervisory gap in the Public Safety department. Following the report, the Department of Public Safety took key steps to address this issue, including the creation of a deputy director and additional lieutenant position, overseeing the sergeants and patrol officers. These actions steps insured twenty hours of supervision per day, seven days per week. A temporary Letter Agreement, Resolution 2024-021, was approved by City Council on April 9, 2024. This agreement modified current lieutenant work schedules, and provided for twenty-four hours of supervision per day, seven days per week. This Letter Agreement expands terms and conditions of employment by providing the authority to compensate RPPSMA members for Operational Lieutenant/Battalion Chief Shift Coverage. ANALYSIS: This Letter Agreement will sunset on June 30, 2025. This agreement will essentially convert three lieutenant positions to shift specific Operational Lieutenant/Battalion Chiefs. The Battalion Chiefs will provide twenty-four coverage, seven days per week. ENVIRONMENTAL ANALYSIS: Adoption of the proposed resolution is not a "project" under California Environmental Quality Act (CEQA) Guidelines section 15378. This resolution approves an amendment to terms and conditions of employment and there is no potential that approval of the proposed resolution will result in a direct or indirect physical change to the environment. ITEM NO. 7.F. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This action is consistent with City Council Priority 4: Organization Well Being OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends adoption of the resolution authorizing and approving a letter agreement to the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Managers' Association (RPPSMA) regarding Operational Lieutenant/Battalion Chief Coverage. 2. Alternative: Staff does not recommend an alternative. FISCAL IMPACT/FUNDING SOURCE: This temporary Letter Agreement has a fiscal impact of $311,000 (The approved FY 24/25 budgeted amount identified an anticipated cost of $350,000 — this letter agreement reflects a savings of approximately $39,000). All funding has been budgeted in the FY 24/25 budget: 1000-3400-61835. Code Compliance Approval Date: N/A Department Head Approval Date: 07/08/2024 Finance Approval Date: 07/10/2024 Human Resources Approval Date: 07/08/2024 City Attorney Approval Date: 07/10/2024 City Manager Approval Date: 07/17/2024 Attachments: 1. Resolution Authorizing and Approving a Letter Agreement to the Memorandum of Agreement between the City of Rohnert Park and the Rohnert Park Public Safety Managers' Association (RPPSMA) Regarding Operational Lieutenant/Battalion Chief Coverage. 2. Exhibit A: Letter Agreement 2 RESOLUTION NO.2024-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A MEMORANDUM OF AGREEMENT WITH THE ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION (RPPSMA) FOR THE PERIOD OF JUNE 22, 2021— JUNE 30, 2025 REGARDING OPERATIONAL LIEUTENANT/BATTALION CHIEF COVERAGE WHEREAS, on June 22, 2021, the City Council adopted Resolution No. 2021-082 approving and adopting a Memorandum of Agreement with the Rohnert Park Public Safety Managers' Association (RPPSMA); and WHEREAS, the RPPSMA and City staff have met and conferred in good faith to amend certain terms and conditions of the Agreement effective July 14, 2024 ; and WHEREAS, staff prepared the attached Side Letter Agreement effective July 14, 2024 to the Memorandum of Agreement; and WHEREAS, the attached Side Letter Agreement effective July 14, 2024 has been approved by representatives of RPPSMA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Side Letter Agreement effective July 14, 2024 to the Memorandum of Agreement for the RPPSMA, which is attached hereto as Exhibit "A" and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 23rd day of July, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney Attachments: Exhibit A CITY OF ROHNERT PARK Susan H. Adams, Mayor ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) EXHIBIT A AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND THE ROHNERT PARK PUBLIC SAFETY MANAGERS' ASSOCIATION Operational Lieutenant/Battalion Chief Coverage The City of Rohnert Park (the "City") and the Rohnert Park Public Safety Managers' Association ("RPPSMA") entered into a Memorandum of Agreement effective June 22, 2021 — June 30, 2025 ("MOA"). The City and the RPPSMA are collectively referred to herein as the "Parties." The City and RPPSMA have met and conferred in good faith, in accordance with the Meyers-Milias-Brown Act ("MMBA"), concerning the terms and conditions of this Agreement (Operational Lieutenant/Battalion Chief Coverage). The specific provisions contained in this Agreement are intended to temporarily supersede any previous agreements, whether oral or written, regarding the matter contained herein. Further, except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the RPPSMA in the MOA shall remain in full force and effect. Whereas, Effective July 14, 2024, the following shall apply until Side -Letter expires on June 30.2025: 1. Hours, Days and Period of Work (a) Public Safety Lieutenants: The primary workweek for Public Safety Lieutenants shall be a 4110 9/80 or the Schedule. The hours, days and period of work shall be as follows: (i) Regular Days of Work for the 4110 Schedule -The regular workweek for employees assigned to the 4110 Schedule shall consist of four (4) consecutive workdays of ten (10) hours followed by three (3) consecutive days off. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee assigned to the 4110 Schedule may volunteer for a workweek other than defined in this section. (ii) Regular Days of Work for the 9/80 Schedule - The regular workweek for employees assigned to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9) hours during one seven (7) day regular work period, followed by four (4) consecutive workdays of nine (9) hours plus one workday of eight (8) hours during the second seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee assigned to the 9/80 Schedule may volunteer for a work week other than defined in this section. (iii) Under the 2x4 schedule, the work period is a 24-dayeriod. Each Lieutenant is scheduled for eight (8) 24-hour shifts during the 24-daywork period. The pattern of the 2x4 schedule is to work 48 consecutive hours followed by 96 hours off. IZPPSMA members may be permitted work and respond from their personal Rohnert Park residence for up to twelve 12 hours per shift, upon the approval of the Director of Public Safety. (b) Deputy Chiefs: The regular workweek for Deputy Chiefs shall be a 5/8 Schedule, which shall consist of five (5) consecutive workdays of eight (8) hours during one seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his/her supervisor, the employee may volunteer for a work week other than defined in this section. Additionally, upon approval by the City Manager and Director of Public Safety, a Deputy Chief may work a 4/10 or 9/80 schedule. (c) Regular Work Period: A Regular Work Period shall be the seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. (d) In order to provide services to the community at all times during the day and week, the City will establish shifts. The City retains the authority to determine the regular start and end times and days of shifts and the authority to transfer an employee from one shift to another. (e) Shift Rotation for Lieutenants: Shift rotation for Lieutenants will occur generally every 24--mont#s �eeiiens . ,:l l be Faa+JL � u� v� ��.n u .... is - ]•i�, �•� + 1 O inn.- .rtn.+rleri t Zi�mvaac:..� �'. "'nee.LY•-•r1 *r... .� .�u n,-....- " r_i xsxu� � ..« .� a. a.� cis ..+. d-i-sr-aptiew.-I=Wl.u, .. ..L i y' ; 1. the a shif'f {'ram•_ }_4we .. r:�. h��nh[�Gi": LiLruL....lu � c39�?i�a'rrrz-�.,� eensecutive tatiens.Au ust. to coincide with the atrol rotation. Sign- 12S will be done on a seniority basis by tine in rade exce12t when. on aperson-by -person basis. the Director determines a need to do otherwise. In the event that more than three 3 Lieutenants are moving assignments at shift chans4e the Director may elect to adjust the actual changes forward or back Lip to three months to ensure operational continuity_. 2. Holidays 2.1 Holidays Observed The holidays observed by the City will be: • "Independence Day" • The first Monday in September, "Labor Day" • The second Monday in October, "e„�Tlndi enous Peoples Day" • "Veteran's Day" • The fourth Thursday in November, "Thanksgiving Day" ■ Day after "Thanksgiving" ■ 12:00 Noon to 5:00 p.m. on December 24 ■ "Christmas Day' • "New Years Day" • The third Monday in January, "Martin Luther King, Jr. Day" • Friday proceeding "President's Day" • The third Monday in February, "President's Day" • The last Monday in May, "Memorial Day" Floating Holiday In addition to the recognized holidays identified in Section 2.1, each eligible employee shall be allocated one floating holiday (equivalent to 10 hours for a full-time employee) per fiscal year on July 1st. The floating holiday must be taken on (1) a workday within the same pay period as the employee's birthday; (2) a workday immediately preceding a City observed holiday; (3) a workday immediately preceding a City observed holiday; or (4) a workday falling within an approved annual leave. The floating holiday must be taken prior to June 30th of each year. The floating holiday will not be carried over from year to year and there shall be no cash value forthe floating holiday during employment or upon separation from the City. 2.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 2.3 Day of Mourning Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. 2.4 Alternate Day Off At the discretion of the Director of Public Safety, holiday pay may be authorized for unit members who are directed to work on any holiday observed by the City. Holiday Pay may be approved in lieu of granting the employee an alternate day off. Holiday Pay is calculated on a straight time basis. 3. Annual Leave Program Effective January 1, 2012, employees shall accrue the following Annual Leave: I Years of Service (Inclusive) Monthly Accrual Rate Annual Accrued HoursI r116+ to 10 years 16.500 hours 1981 to 15 years 19.333 hours 232 years 22.667 hours 272 3.1 Effective January 1, 2012, employees shall not accrue any form of sick leave or disability wage, non -industrial or industrial. However, employees who have accrued fully -paid hours under the sick leave program for non -industrial illness and injury shall retain the balance of such hours accumulated as of January 1, 2012. Paid leave for approved absence due to injury or illness may be charged against this balance at the employee's discretion. Upon retirement from the City of Rohnert Park, an employee may convert any remaining sick leave balance to service credits pursuant to CalPERS regulations and procedures. 3.2 Annual Leave hours may be used to provide paid time off for any approved absence, including but not limited to vacation and illness. When annual leave is used for sick leave purposes, the City may require the employee to submit substantiating evidence of illness if a demonstrable pattern of abuse or evidence of fraud is identified. 3.3 An employee may accumulate annual leave credits up to a maximum of 550 hours of annual Leave. Accrual shall cease until the annual leave balance falls below the cap. 3.4 Accumulated annual leave shall be converted to cash upon separation from City service. 3.5 Employees who are off work on a paid leave shall accrue annual leave and maintain all other benefits to the extent consistent with the City's existing Personnel Rules, with any changes to the City's Personnel Rules subject to meet and confer. 3.6 Preference for leave scheduling will be on the basis of seniority within classification and/or as has been past practice. 3.7 Use of annual leave sick leave and related benefit time off for er7i to _ee's regularly assigned to the Fire Division 2 x 4 or Kelly Schedule shall be computed by a ratio of 0.71. 5.2 Administrative Leave The employees in RPPSMA shall receive one hundred (100) hours of Administrative Leave on July 1, 2017, and each July 1 thereafter during the term of this MOA. IMM "E ■ Beginning with the 2020-2021 fiscal year, the amount of unused Administrative Leave that may be paid in cash or its equivalent value applied towards an approved benefit program shall be reduced from 50 hours to 25 hours per fiscal year. Requests for pay of this leave shall be submitted to the , Director of Human Resources on or before julle- 2$21-December 15 of each year. Payment shall be made 119 FvFe tha., 0101 days sub5equent to the appFeval of the Feq est by the City nrCity M nage-min the first full pay period of June. Administrative leave paid in cash shall be paid at the regular rate of pay, defined to include base salary and POST certification pay. Any unused Administrative Leave hours remaining on June 30, of each fiscal year shall expire and shall not be carried over to the subsequent fiscal year. Use of Administrative Leave is unrestricted. Use of Administrative Leave for employee's regularly assigned to the Fire Division (2 x 4 or Kelly Schedule) shall be computed by a ratio of 0.71. 7.3 rritisal Incident Qi! OutCov� Pay Empinyees ma be assi ned to work additional hours as authorized by the Director of Public Safety. 7.3.1 Critical Incident Call Out Pay For those unit members who are called out for critical incidents, they shall be entitled to time and one-half with a minimum of three (3) hours. Critical incidents are defined as events that occur very infrequently and would include incidents such as a major structure fire or a police homicide event. In order to receive pay pursuant to this Section 7.3, the overtime must be approved by the Director of Public Safety. The overtime provision will most often include call -out for the unit members on days other than during their regular days of work as may be determined from time to time by mutual agreement of an employee and his/her supervisor. The call back would not include routine assignments normally expected of unit members in the normal course of their assignments. This extra time spent on City business is compensated by the Administrative Leave hours provided each year. 7.3.2 Operational Lieutenant Battalion Chief Coverage Pa Qualified employees, subject to the approval of the Director of Public Safety, may work extra shifts up to a maximum of five hundred and twenty-eight (5281 hours per fiscal year, to backfill for an absent Operational Lieutenant Battalion Chief. Said assignment shall first be filled by. voluntary sign ups and then offered to qualified RPPSOA members, before being mandatorilY assigned to qualified RPPSMA members for shift coverage, Employees working extra shifts shall be compensated at one and one-half times their patrol rate of pay. This provision shall apply to training assigned outside of standard working hours when said trainin exceeds eight 8 total hours, for those Lieutenants assigned tooperations. For the City For the RPPSMA Marcela Piedra, City Manager Date: X 57'Re' z , 0 1 Andrew Smith, RPPSMA President Date: ? / i i/2 4 ¢�HNER7 PARk (32 CALIFORNA" ITEM NO. 7.G. Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Eydie Tacata, Senior Public Works Analyst Agenda Title: Adopt Resolution Approving and Authorizing the Third Amendment to Antenna Site Licensing Agreement between the City of Rohnert Park and Omnipoint Communications, Inc. d/b/a T-Mobile for cellular equipment upgrades at Benicia Park, located at 7450 Santa Barbara Dr., Rohnert Park, CA, 94928 (ASSESSOR'S PARCEL NO. 143-160-008); and finding approval of Third Amendment categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301. RECOMMENDED ACTION: Adopt resolution to approve and execute Third Amendment to Antenna Site Licensing Agreement between the City of Rohnert Park and Omnipoint Communications, Inc. d/b/a T-Mobile for cellular equipment upgrades at Benicia Park, located at 7450 Santa Barbara Dr., Rohnert Park, CA, 94928 (ASSESSOR'S PARCEL NO. 143-160-008); and finding approval of Third Amendment categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301. BACKGROUND: The City leases space at Benicia Park to T-Mobile for their cellular macrofacility. The leased space, or "site", includes space on a City -owned monopine (i.e. a pole disguised as a tree) for T-Mobile to mount antennas and related equipment, and an area on which a concrete block enclosure is built and which houses electrical panels, transformers, and interconnect boxes to support T-Mobile's equipment on the monopine. The lease document for this arrangement is an Antenna Site Licensing Agreement ("Agreement") that was approved by the City Council on January 6, 2006 for a 25-year term. On March 16, 2009, the First Amendment to the Agreement was executed, which allowed equipment upgrades and updated the site equipment exhibits attached to the Agreement. On April 10, 2021, the 25-year term elapsed, and the licensing agreement expired. On October 10, 2023, the City Council approved the Second Amendment to the Agreement to reinstate the agreement and extend the term another 30 years commencing in 2021. ANALYSIS: ITEM NO. 7.G. Shortly after the Second Amendment was fully executed, T-Mobile requested significant upgrades to the site, including the addition of fiber. The site is currently licensed for 6 antennas, without any remote radio units (RRU). RRUs are utilized in new fiber installations to upgrade cellular service. The RRUs minimize the need for larger, heavier, and more expensive feeder cables. This is often desirable as there is no additional space required for them. RRUs are often a requirement for a 5G LTE upgrade. T-Mobile is seeking to upgrade their equipment, which will change the existing agreed -upon equipment as described in the original licensing agreement executed on March 16, 2009. This modification calls for 6 RRUs on the monopine, to be constructed per FCC regulations. This will change the configurations slightly; however, this amendment will approve the updated plans, which have not been updated since 2009 with the First Amendment to the Agreement. Both a mount and structural analysis were conducted with the plans provided in October 2023, and both comply with FCC regulations. These modifications will not result in any aesthetic changes to the monopine, so there will be no additional visual impact. The 5G equipment upgrades will improve service for Rohnert Park residents and visitors who are T-Mobile customers. The National Center for Health Statistics, which tracks phone usage through the National Health Interview Survey, reported that about 73% of American adults lived in a household without a landline at the end of 2022. This means that 73% of Americans relied on wireless only devices to communicate, using carriers such as T-Mobile. Updated survey information for 2023 has not been released yet as of June 2024. Executing the Third Amendment will increase the level of service that T-Mobile users that in Rohnert Park will experience. A small rent increase from T-Mobile is included in the Third Amendment. ENVIRONMENTAL ANALYSIS: Environmental Review. This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The approval of the Third Amendment results in updated telecommunications infrastructure in the area and will result in better cellular service for users in Rohnert Park, aligning with the City Council's multi -year broad goals of "Community Quality of Life" and top priority of "Focus on Infrastructure and Beautification. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends adopting a resolution approving and authorizing execution of the Third Amendment to the Antenna Site Licensing Agreement, as it will both increase the quality of service that T-Mobile customers can expect, and it will increase the monthly fee the City can expect. 2. Alternative: Staff also considered not adopting a resolution approving this amendment, however, this is a relatively low impact modification to the site that will benefit the City as well as T-Mobile customers. It is also important to value the relationship the City has with T-Mobile with regard to this site, as it would be large loss of income for the City over time in the event T- Mobile decided to terminate the lease and move their equipment elsewhere. 2 ITEM NO. 7.G. FISCAL IMPACT/FUNDING SOURCE: There will be an increase in revenue to the General Fund. With the addition of the RRUs, T-Mobile has agreed to pay $75/RRU, or $225 per month additionally. This is independent of the 4% escalator that was agreed upon with the execution of the Second Amendment to the Agreement. The additional rent would not be paid until construction is completed, but would continue to be paid for the life of the licensing agreement. This adds an additional $2,700 per month to the current rent, which will accrue to over $70,000 during this current licensing period (ending in 2051). This Third Amendment states that T-Mobile will incur the cost of the construction and maintenance, so there is no cost to the City at this time. Department Head Approval Date: 07/15/2024 City Attorney Approval Date: 06/28/2024 Finance Director Approval Date: 07/01/2024 City Manager Approval Date: 07/15/2024 Attachments: 1. Resolution 2. Exhibit A to Resolution: Third Amendment to Antenna Site Licensing Agreement RESOLUTION NO.2024-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE THIRD AMENDMENT TO THE ANTENNA SITE LICENSING AGREEMENT WITH OMNIPOINT COMMUNICATIONS, INC. D/B/A T-MOBILE AND FINDING THE APPROVAL OF THE THIRD AMENDMENT CATEGORICALLY EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3) and 15301 WHEREAS; the City of Rohnert Park owns Assessor's Parcel Number 143-160-008, commonly known as Benicia Park; and WHEREAS, Omnipoint Communications, Inc. (now T-Mobile West, LLC), executed a Site Licensing Agreement ("Agreement"), which was approved by Rohnert Park City Council Resolution No. 2006-04 and executed on January 10t', 2006; WHEREAS, the First Amendment to the Agreement was adopted by the Rohnert Park City Council on March 16, 2009, approving equipment upgrades and update of site and equipment drawing exhibits to the Agreement; and WHEREAS, the Second Amendment to the Agreement was adopted by the Rohnert Park City Council on October 10, 2023, extending the Agreement term another 30 years as of April 2021 when the original 25-year term of the Agreement expired; and WHEREAS, T-Mobile is requesting to perform equipment upgrades in order to provide 5G LTE service to T-Mobile customers; and WHEREAS, these equipment modifications differ from the accepted plans and specifications adopted with the First Amendment to the Agreement; and WHEREAS, these modifications require additional remote radio units (RRUs) to be installed, but will not extend the footprint or change the aesthetic of the monopine; and WHEREAS, the City has negotiated a rent increase of $225/month for the additional equipment that will provide the City with market rate or greater compensation for the use of public property; and WHEREAS, the use of public property by T-Mobile West LLC will not only provide funding for city services, it will also increase the level of service available to the citizens of Rohnert Park; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby find and determine that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Third Amendment to the Agreement (Exhibit A) and related documents pertaining to same for and on behalf of the City of Rohnert Park, in a form approved by the City Attorney, with minor revisions that may be approved by the City Manager and City Attorney as necessary to effectuate the purpose of this Resolution. DULY AND REGULARLY ADOPTED this 23rd day of July 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney Attachments: Exhibit A CITY OF ROHNERT PARK Susan H. Adams, Mayor ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Resolution 2024-059 Page 2 of 2 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 THIRD AMENDMENT TO ANTENNA SITE LICENSE AGREEMENT THIS THIRD AMENDMENT TO ANTENNA SITE LICENSE AGREEMENT ("Third Amendment") is effective as of the last date of the party to sign below ("Effective Date"), by and between City of Rohnert Park, a municipal corporation ("Licensor"), and T-Mobile West LLC, a Delaware limited liability company ("Licensee") (Collectively the "Parties"). Recitals The Parties hereto recite, declare and agree as follows: A. Licensor and Licensee entered into an ANTENNA SITE LICENSE AGREEMENT, dated January 10, 2006, as amended by that certain First amendment dated March 16, 2009 and that certain Second Amendment dated October 10, 2023, (collectively the "License") for licensed premises (the "Premises") located at 7450 Santa Barbara Drive, Rohnert Park, California 94928 (the "Property"). B. Licensor and Licensee desire to enter into this Third Amendment in order to modify and amend certain provisions of the License. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee covenant and agree as follows: 1. Licensor Consent. Licensor hereby grants Licensee the right and consents to Licensee's expansion of the Premises and the installation of new equipment as described in its entirety and depicted in the drawings dated 4/15/2024 hereafter, Exhibit "13-1", which is attached hereto and by this reference incorporated herein, which equipment shall be considered part of the "Antenna Facilities" under the License. This Exhibit B-1 replaces all prior exhibit drawings under this License. 2. Rent and Costs. The Rent that Licensee pays Licensor will be increased by Two Hundred Twenty-five Dollars ($225.00) per month as of thirty (30) days from the earlier of the date of commencement of construction for the modification of the additional equipment or up to six (6) months from the date of full execution of this Third Amendment. The date of said Rent increase shall be documented in writing between the parties. Thereafter, Rent shall be payable in accordance with the terms of the Lease. 3. Licensee's Continuing Duties for Radio Frequency Emissions Safety. The parties acknowledge and agree that it is Licensee's sole and exclusive duty at Licensee's sole cost and expense to comply with all RF safety related regulations and codes under applicable Law. Licensee's RF emissions at the Property shall at all times comply with the applicable FCC rules for environmental safety, and specifically to 47 C.F.R. § 1.1307 et. seq. as it may be amended or superseded. When the Licensor or its designees must access the Property to perform work near the antennas, Licensor will give notice to Licensee's Network Operations Center ("NOC") by telephone at [insert phone number] or by email at [insert email address] and Licensee shall, during the period of the Licensor's or its designees entry into the such areas of the Property, reduce the RF emissions of the antennas to a level not exceeding that level established by the FCC for Uncontrolled/General Population exposure. Licensor or its designee will promptly notify the NOC upon the completion of the Licensor's work. Licensee's continuing duty is to keep the Licensor informed of the NOC's 24 hours a day, 7 days a week telephone number, NOC email address, if any, and the cell site identification number for Licensee's Premises/Site Equipment on the Property. 4. Terms; Conflicts. The terms and conditions of the License are incorporated herein by this reference, and capitalized terms used in this Third Amendment shall have the same meanings such terms are given in the License. Except as specifically set forth herein, this Third Amendment shall in no way modify, alter or amend the remaining terms of the License, all of which are ratified by the parties and shall remain in full force and effect. To the extent T-Mobile Site No: BA10451A 1 Market: Bay Area TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 there is any conflict between the terms and conditions of the License and this Third Amendment, the terms and conditions of this Third Amendment will govern and control. 5. Approvals. Licensor represents and warrants to Licensee that the consent or approval of no third parry, including, without limitation, a lender, is required with respect to the execution of this Third Amendment, or if any such third -party consent or approval is required, Licensor has obtained any and all such consents or approvals. 6. Authorization. The persons who have executed this Third Amendment represent and warrant that they are duly authorized to execute this Third Amendment in their individual or representative capacity as indicated. (Signature page follows) IN WITNESS WHEREOF, the Parties have executed this Third Amendment on the day and year first written above. 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" 'ALIYUFYCITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Public Works Submitted By: Vanessa Garrett, Public Works Director Prepared By: Eydie Tacata, Sr. Public Works Analyst Agenda Title: Adopt a Resolution Approving Project List for SB1 Funding from the State Road Maintenance and Rehabilitation Account (RMRA) and Authorizing Submittal of the Project List to the California Transportation Commission RECOMMENDED ACTION: Adopt a resolution approving the project list for SB1 funding from the State Road Maintenance and Rehabilitation Account (RMRA) and authorizing the submittal of the project list to the California Transportation Commission. BACKGROUND: In 2017, the Governor signed Senate Bill I ("SB1"), also known as the Road Repair and Accountability Act of 2017. SB 1 increased fuel excise taxes, diesel fuel sales taxes and vehicle registration fees, and as a result, over $5 billion in revenue is collected annually for California's state and local transportation system. $1.5 billion of this revenue is allocated to cities and counties through the Road Maintenance and Rehabilitation Account ("RMRA") of the State Transportation Fund. The funds are "prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects" (Streets and Highways Code, Section 2030). According to their May 2024 revenue projections, the California Department of Finance estimates that the City of Rohnert Park will receive $1,141,212 in RMRA funds in Fiscal Year 2024-25. To receive RMRA funds disbursements, cities must provide the California Transportation Commission (CTC) a list of projects that will use that year's RMRA apportionment. The project list must include a description and location of each proposed project, a project completion schedule, and the project's estimated useful life. The city's governing body must approve the list by resolution at a regular public meeting, and the approved "List of Projects" and supporting documentation (i.e. City resolution) must be submitted to the CTC before or on September 30, 2024. The CTC does not approve projects on the list; rather, the CTC reviews the list for completeness and notifies the State Controller of the local agency's eligibility for RMRA disbursements. ITEM NO. TH. ANALYSIS: Streets and Highways Code, Section 2030(b)(1) allows the Road Maintenance and Rehabilitation Program to fund the following types of projects: road maintenance and rehabilitation; safety projects; railroad grade separations; complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project; and traffic control devices. City staff recommends relisting one project previously identified for RMRA funding: 2023-24 Various Streets Preventative Maintenance (CIP2301). The 2023-24 Various Streets Preventative Maintenance Project includes digout repairs, crack seal and slurry seal of certain streets in the "A" & "B" Section neighborhoods; Southwest Boulevard between Adrian Drive and the SMART railroad crossing at Southwest Boulevard; cul de sacs mostly in the "H" and "M" Section neighborhoods; Avenida Cala, Camino Coronado, and a limited number of cul de sacs and adjacent street segments in the "D", "E", "F" and "L" Section neighborhoods. The pavement preservation strategies used on this project will extend the time between more costly paving treatments such as asphalt overlays and reconstruction. The construction contract for the project was awarded by the City Council on June 11, 2024, and work will commence in Summer 2024. It should be noted that the Road Maintenance and Rehabilitation Program is intended to be flexible. Projects submitted to the CTC are not required to use RMRA funds within the fiscal year of the apportionment, nor are they required to use RMRA funds at all, if project and funding priorities change. Additionally, projects that were not on a List of Projects submitted to the CTC are not precluded from using that fiscal year's RMRA funds, as long as the project is an eligible type of project. Projects using RMRA funds are eventually shown on an annual expenditures report submitted to the CTC in the fall. STRATEGIC PLAN ALIGNMENT: The recommended option is consistent with the Council's multi -year broad goal of Planning and Infrastructure and FY 24/25 priority to "focus on infrastructure and beautification" as complying with requirements for RMRA funds will result in well -maintained streets in many parts of the City. OPTIONS CONSIDERED: 1. Adopt resolution approving the List of Projects. (This is the recommended action). This action will ensure that the City complies with the requirements of the RMRA funding program and is able to submit the project list by September 30, 2024. Submitting the List of Projects ensures that the City will continue to receive RMRA disbursements. 2. Request other projects to be included on the list of proposed projects, amend attached resolution, and adopt amended resolution at public meeting before September 30. The City Council may request changing the list of projects to submit to the CTC. Pursuing this option will mean that City staff will update the List of Projects in accordance with the City Council's direction, and the resolution will be brought back to the City Council for adoption before the September 30 deadline. 2 ITEM NO. TH. Staff does not see a compelling reason to delay submittal of the project list, therefore this is not the recommended option. Should a change in project funding be necessary after submitting the List of Projects in September, the CTC allows funding adjustments in the fiscal year without returning to the CTC for project list approval. FISCAL IMPACT/FUNDING SOURCE: This action will enable the City to receive $1,141,212 in RMRA funding in the FY 2024-25 fiscal year. The attached resolution authorizes the City Manager or designee to adjust appropriations as necessary for the Gas Tax Fund. Department Head Approval Date: 07/16/2024 City Attorney Approval Date: n/a Finance Director Approval Date: 07/25/2024 City Manager Approval Date: 06/24/2024 Attachments: 1. A Resolution of the City Council of the City of Rohnert Park Approving the Project List for SB 1 Funding through the State Road Maintenance and Rehabilitation Account (RMRA) and Authorizing the Submittal of the List of Projects to the California Transportation Commission RESOLUTION NO.2024-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE PROJECT LIST FOR SB 1 FUNDING FROM THE STATE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) AND AUTHORIZING SUBMITTAL OF THE PROJECT LIST TO THE CALIFORNIA TRANSPORTATION COMMISSION WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and Road Maintenance and Rehabilitation Account ("RMRA") created by SB 1 for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Rohnert Park are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Rohnert Park ("City") must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City expects to receive $1,141,212 in RMRA funds in FY 2024-25; and WHEREAS, the upcoming Fiscal Year 2024-25 will be the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high -priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide. NOW, THEREFORE BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Rohnert Park: 1. The foregoing recitals are true and correct. 2. The following previously proposed and adopted projects may utilize FY 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: List of Projects: Relisted Project for FY2024-25 Road Maintenance and Rehabilitation Account funding 1. Project Name: FY 2023-24 Various Streets Pavement Preservation Project Description: Digout repairs, crack seals and slurry seals Project Location: "A" and `B" Section neighborhoods, Southwest Boulevard between Adrian Drive and SMART railroad crossing on Southwest Boulevard; "H" and "M" Section neighborhoods; Avenida Cala, Camino Coronado, and a limited number of cul de sacs and adjacent street segments in the "D", "E", "F" and "L" Section neighborhoods. Estimated Project Schedule (Preconstruction, Design and Construction Phases): July 2023 — September 2024 Estimated Project Useful Life: 1-7 years BE IT FURTHER RESOLVED that the City Manager or designee is authorized to adjust appropriations as necessary in the City's Gas Tax Fund to receive the City's RMRA apportionment for Fiscal Year 2024-25 and fund the project on the List of Projects above. DULY AND REGULARLY ADOPTED this 23rd day of July 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney CITY OF ROHNERT PARK Susan H. Adams, Mayor ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Resolution 2024-060 Page 2 of 2 ITEM NO. 7.I. 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 Meeting Date: July 23, 2024 Department: Development Services Submitted By: Alison Giudice, Director of Development Services Prepared By: Justin Brandt, Deputy City Engineer Agenda Title: Adopt a Resolution Accepting the Vast Oak North Griffin's Grove Park Improvements and Directing Related Actions RECOMMENDED ACTION: Adopt the Resolution Accepting Vast Oak North Griffin's Grove Park Improvements and Directing Related Actions. BACKGROUND: On September 14, 2021, the City Council adopted Resolution 2021-103, approving a Public Improvement Agreement with the University District LLC ("Developer") for the Griffin's Grove Park Improvements. This agreement is dated September 14, 2021, and was recorded on November 18, 2021 as Instrument No. 2021124855 in the Official Records of the County of Sonoma. This agreement required the Developer to construct Griffin's Grove Park within Vast Oak North subdivision (see Attachment 1) in accordance with the Landscape Construction Documents For: Griffin's Grove Park, Vast Oak North at University District, Rohnert Park, CA, prepared by VanderToolen & Associates, 40 Sheets (Sheets L-0.0 thru T-24), and approved by the City Engineer on October 22, 2021. Griffin's Grove Park partially satisfies the parkland dedication requirements for the University District development. At this point in time, the Developer has completed the construction of the park and has requested the City to accept the work. The park is currently open for people to walk through, but facilities remain unopen until park acceptance. ANALYSIS: Staff is requesting that the City Council authorize acceptance of the park, including actions related to filing of a Notice of Completion, and booking the new asset, as well as terminating the improvement agreement after the warranty period has expired. These actions are the final steps in transferring the developer -constructed improvement to the City, in accordance with the improvement agreement. Staff has worked carefully with its construction manager and the Developer to ensure that all improvements have been constructed according to plans, the punch lists are completed and the park is not subject to mechanics liens. The Developer has also submitted the required warranty bonds for the improvements. ITEM NO. 7.1. ENVIRONMENTAL ANALYSIS: The adoption of the proposed resolution is exempt from the California Environmental Quality Act ("CEQA") because it does not qualify as a "project" pursuant to CEQA Guidelines Sections 15378 b.5) because the proposed action is an administrative activity that will not result in direct or indirect physical changes in the environment. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The recommended action is consistent with City Council's Goals and Priorities — Community Quality of Life; Griffin's Grove Park will encourage a better quality of life in O-Section. OPTIONS CONSIDERED: None. City acceptance of complete improvements is required by the improvement agreement. FISCAL IMPACT/FUNDING SOURCE: Upon acceptance, the City will receive park assets valued at $445,275.99. The City will be responsible for future maintenance of these assets. Funding for the maintenance of the park will be through a maintenance annuity established for the University District. The annuity is funded from a fee collected with the occupancy of each new home in the development. Department Head Approval Date: 07/11/2024 Finance Director Approval Date: 06/10/2024 City Attorney Approval Date: 06/07/2024 City Manager Approval Date: 07/15/2024 Attachments: 1. Vast Oak Phase 1 — Location Map 2. Resolution of the City Council of the City of Rohnert Park Accepting the Griffin's Grove Park Improvements and Directing Related Actions 3. Resolution Exhibit A — Notice of Completion — Griffin's Grove Park Improvements 4. Resolution Exhibit B - Certificate of Acceptance for the Griffin's Grove Park Improvements. 5. Resolution Exhibit C — Termination of Improvement Agreement — Griffin's Grove Park 2 W Attachment 1.University District Specific Plan — Location Map ------ - -- -- ---- -- -- -- - - -- -- --------------- Keiser Ave Bristol Oak cir Yff7tffM1i7Y Y'•i«Ii1fY Yfflifi7i7YY1YYY1i1fY Keiser Ave — Griffins i Grove Park a, Y m7a�; p� u ak ° 'o Overlook- a I / Foot bridge t Y7f1� LAW RENCE E. )ONES MIDDLE TO LEARN �F � �� ■1111111111111 1 -. III IIII- IIIIIII ■ � 1111 � 1111 ■ , ,111,1,1,11„ fllllll►� � � _ III IIII = ■�1��1� r•� .■■.■■.■. ■■■ MM mom moil M 11 ohm- In 1 0 "au UDLLC Ook View Cir (Private) I I AREA OF ACCEPTANCE i University Distrct-Vast Oak City Limit FINrTwin mom Kaitlyn-PI � ��l --------------- — — — _-Rohnert Park Expyj Sonoma State University � � RESOLUTION NO.2024-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING VAST OAK NORTH GRIFFIN'S GROVE PARK IMPROVEMENTS AND DIRECTING RELATED ACTIONS WHEREAS, on September 14, 2021, the City Council of the City of Rohnert Park adopted Resolution 2021-103, Authorizing and Approving the Public Improvement Agreement for the Griffin's Grove Park Improvements by and between the City of Rohnert Park and the University District LLC (Agreement); and WHEREAS, the Agreement, with an effective date of September 14, 2021, was recorded on November 18, 2021 as Instrument No. 2021124855 in the Official Records of the County of Sonoma. WHEREAS, University District LLC (Developer) have completed the construction of Griffin's Grove Park Improvements in accordance with the plans and specifications for the work and have requested the City to accept the work; and WHEREAS, the Developer has submitted cost documentation for Griffin's Grove Park which substantiates and asset value of $445,275.99; and WHEREAS, the Developer shall submit the State of California's Model Water Efficient Landscape Ordinance (MWELO) documentation for City approval prior to the Certificate of Completion and Notice of Completion; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Engineer is authorized and directed to execute and file the Notice of Completion and related documents for Griffin's Grove Park Improvements, on behalf of the City of Rohnert Park, in substantially similar form to Exhibit A which is attached to this Resolution and incorporated by this reference, upon Developer's submittal of the MWELO documentation in a form acceptable to City. BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period associated with the recording of the Notice of Completion, the City Manager is hereby authorized and directed to execute the Notice of Acceptance for Griffin's Grove Park Improvements in substantially similar form to Exhibit B, attached to this Resolution and incorporated by this reference. BE IT FURTHER RESOLVED that upon expiration of the warranty period, the City Manager is hereby authorized and directed to execute the Acknowledgement of Completion and Termination of the Public Improvement Agreement for Griffin's Grove Park, in substantially similar form to Exhibit C, attached to this Resolution and incorporated by this reference. BE IT FUTHER RESOLVED that upon certification of the City Manager, the Finance Director is authorized and directed to take the actions necessary to accept Griffin's Grove Park Improvements, defined in the Agreement, as a capital asset of the City with a current book value of $445,275.99. DULY AND REGULARLY ADOPTED this 23rd day of July, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney Attachments: Exhibit A CITY OF ROHNERT PARK Susan H. Adams, Mayor ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Resolution 2024-061 Page 2 of 2 EXHIBIT A CERTIFICATE OF COMPLETION VAST OAK NORTH GRIFFIN'S GROVE PARK I, Justin Brandt, Deputy City Engineer of the City of Rohnert Park, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was entered into by and between the City of Rohnert Park and University District, LLC, dated September 14, 2021, was completed to my satisfaction on June 28, 2024. That said work and improvements generally consisted of construction of a gazebo, decomposed granite pathway, two bocce ball courts, installation of plants and trees, as more particularly described in the plans and specifications approved by the City Engineer of the City of Rohnert Park on October 22, 2021. DATED: .2024 Justin L. Brandt, P.E. Deputy City Engineer 4874-0232-0325 v1 EPXX-XXXX RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383 Exempt from fee per Gov. Code § 27388.1(a)(2)(D) and 27888.2(b)(4) NOTICE OF COMPLETION VAST OAK NORTH GRIFFIN'S GROVE PARK NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal corporation located in Sonoma County, State of California, with its principal offices at City Hall, 130 Avram Avenue, Rohnert Park, California 94928 of the following: That the nature of the stated owner, or if more than one owner, then of the stated owner and co -owners is: In fee That I, Justin Brandt, Deputy City Engineer of the City of Rohnert Park, California on the day of , 2024, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion, attached hereto and incorporated herein by reference as Exhibit A, of the following described work, which was completed under a Public Improvement Agreement between the City of Rohnert Park and the University District, LLC, and recorded on November 18, 2021, as Instrument No. 2021124855 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to the property consisting of Phase 3 of the University District project, more particularly described in Exhibit A of the Improvement Agreement, in accordance with the plans and specifications for said work approved by the City Engineer on October 22, 2021. That said work and improvements were completed on June 28, 2024, and that the name of the surety on the contractor's bond for labor and materials on said project is Liberty Mutual Insurance Company. That said work and improvements generally consisted of the construction of Vast Oak North Griffin's Grove Park, which included construction of a gazebo, decomposed granite pathway, two bocce ball courts, and installation of plants and trees, as more particularly described in the plans and specifications. The execution and filing of this Notice of Completion are authorized by California Civil Code Sections 8182 and 8184 and City Council Resolution No. 2024- , adopted by the City Council on July 23, 2024. Dated: , 2024 CITY OF ROHNERT PARK Justin Brandt 4874-0232-0325 vl EPXX-XXXX Deputy City Engineer The undersigned certifies that he/she is authorized to and does make this verification on behalf of the City of Rohnert Park; that he/she has read the foregoing notice and knows the contents thereof, and that the undersigned declares under penalty of perjury that the foregoing is true and correct to the best of his/her knowledge. Executed on this day of , 2024, at Rohnert Park, California. CITY OF R01 NERT PARK Justin Brandt Deputy City Engineer 4874-0232-0325 v1 EPXX-XXXX RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383 Exempt from fee per Gov. Code § 27388.1(a)(2)(D) and 27888.2(b)(4) NOTICE OF ACCEPTANCE OF IMPROVEMENTS VAST OAK NORTH GRIFFIN'S GROVE PARK WHEREAS, the City of Rohnert Park, a California municipal corporation ("City"), and University District, LLC, a Delaware Limited Liability Company. ("Developer") entered into that certain Public Improvement Agreement, dated September 14, 2021, and recorded on November 18, 2021, as Instrument No. 2021124855 in the Official Records of Sonoma County, California (the "Improvement Agreement") with respect to Phase 3 of the University District project (the "Project"), more particularly described in Exhibit A of the Improvement Agreement. WHEREAS, Developer has completed construction of Vast Oak North Griffin's Grove Park, which includes a gazebo, decomposed granite pathway, two bocce ball courts, installation of plants and trees within Vast Oak North, as required pursuant to the Improvement Agreement (the "Improvements"). WHEREAS, the Improvements are for the purpose of providing a community park within the Project. WHEREAS, the City desires to accept the Improvements pursuant to the requirements of Rohnert Park Municipal Code Section 16.16.100. WHEREAS, the City Manager is authorized to execute this Notice of Acceptance of Improvements pursuant to City Council Resolution No. 2024- , adopted by the City Council on July 23, 2024. WHEREAS the City intends to use the Improvements for the above described purposes. NOW, THEREFORE, the City hereby accepts the Improvements. Dated: CITY OF ROHNERT PARK Marcela Piedra City Manager Authorized by Rohnert Park City Council Resolution No. 2024- adopted on July 23, 2024 and Rohnert Park Municipal Code Section 16.16.100 adopted by Ordinance 744 in 2005 4886-0457-8245 v1 EPXX-XXXX 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 SONOMA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4886-0457-8245 v1 EPXX-XXXX RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383 Exempt from fee per Gov. Code § 27388. 1 (a)(2)(D) and 27888.2(b)(4) TERMINATION OF PUBLIC IMPROVEMENT AGREEMENT This Termination of Public Improvement Agreement (the "Termination") is entered into as of 20 by the City of Rohnert Park, a California municipal corporation ("City"), in favor of Penn Grove Mountain, LLC, a California Limited Liability ("Developer"). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement recorded on November 18, 2021, as Instrument No. 2021124855 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer's Griffin's Grove Park project (the "Property"), more particularly described in the Improvement Agreement. Initially capitalized terms not otherwise defined herein shall have the meaning given in the Improvement Agreement. B. City certified in that certain Notice of Completion, dated , 202_, and recorded on , 202, as Instrument No. in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on September 14, 2021. C. City has no outstanding claims related to the Improvement Agreement, improvements, defective labor, or defective materials furnished. D. As the Developer has completed performance under the Improvement Agreement, City desires to record a written statement acknowledging such completion and termination. NOW, THEREFORE, City hereby acknowledges and certifies as follows: 1. Termination of the Improvement Agreement. Developer has completed performance of the Improvement Agreement and the Improvement Agreement is hereby deemed terminated. 2. Survival. Section 6, Indemnity and Insurance, of the Improvement Agreement shall survive termination as set forth therein. 3. Authori . The undersigned represents and warrants that it has the full capacity, right, power and authority to execute, and deliver this Termination, and all required actions, consents and approvals therefor have been duly taken and obtained. WORD -LA\ LNB\ 70378756.3 EPXX-XXXX 4887-7641-3637 v1 IN WITNESS WHEREOF, the undersigned duly executed this Termination as of the date set forth above. "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: By: Marcela Piedra City Manager Per Resolution No. 2024- adopted by the Rohnert Park City Council at its meeting of July 23, 2024. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney WORD -LA\ LNB\ 70378756.3 -2- EPXX-XXXX 4887-7641-3637 v1 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 SONOMA ) On before me, , (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) WORD -LA\ LNB\ 70378756.3 -3- EPXX-XXXX 4887-7641-3637 v1 ITEM NO. 8.A. Mission Statement "We Care for Our Residents by Working Together to Build as a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Betsy Howze, Interim Finance Director Agenda Title: Receive the 2024 Sewer Rate Study Report and Provide Direction Regarding Rate Adjustment Timelines and Notices RECOMMENDED ACTION: Review and receive the 2024 Sewer Rate Study Report and provide direction on the recommended rate adjustment and actions for the City's sewer rate adjustment process including: 1) Direct staff to send a Notice of Public Hearing to City of Rohnert Park sewer utility customers 2) Approve rate adjustment timeline described herein, including public hearing date and recommended effective date of new sewer rates. BACKGROUND: The City of Rohnert Park provides sewer service to properties within its boundaries. The City charges for sewer service based on infrastructure expenses and customer usage with the goal of recovering costs. The costs to operate, maintain, and improve the sewer system along with revenue from sewer service charge rates need to be evaluated periodically to ensure that the City recovers the cost of these services and maintains adequate cash reserve levels. Rohnert Park's sewer rates continue to be one of the lowest in the region. In 2018 the City adopted a financial plan based on a rate study conducted by The Reed Group. The City adopted sewer rates that were designed to generate enough revenue to cover then -current operating costs and then made annual adjustments to absorb increases in operating costs and increases in the Subregional rate increases for wastewater treatment services. The most recent (and last authorized) adjustment occurred June 1, 2020. The 2020 Sewer Rate study proposed rate increases in June of 2021 and 2022 which were approved by the City Council but never implemented due to the Covid pandemic. All adjustments to the sewer rates occurred in accordance with Government Code Section 53756. DISCUSSION: The City's sewer system is aging and has elements that are well over 50 years old. Due to the age of the system, the number of system failures has increased. This includes more sewer pipe failures. Deferring needed capital projects as well as rehabilitation and improvement work on an aging sewer system such as Rohnert Park's is not a sustainable long-term approach to managing the sewer utility. Staff has determined that the average capital rehabilitation needs are about $3.6 million per year. If sewer system capital needs continue to be deferred, the reliability and ability of the utility to provide ITEM NO. 8.A. safe and reliable sewer service could be jeopardized. Over the past year, City staff have been working with Hildebrand Consulting to evaluate the sewer utility's financial condition and develop a plan to adequately fund current and future system needs. A 2024 Sewer Rate Study Report (Report) has been prepared and is attached for reference. The Report includes a determination of sewer utility financial needs and a proposed rate plan. Upon analyzing the financial condition and revenue needs of the sewer utility, the following findings have been made and are detailed in the Report: 1) The current sewer rates need moderate increases in order to continue to support the needs of the utility's capital program and keep up with inflation. It is recommended to increase current sewer rate revenue by 7.0 percent per year for the next three years and then 5.0 percent per year for two years. 2) It is also recommended to replace the current fixed Base Charge and fixed Capital Preservation Charge with a single fixed Service Charge. The Report includes the recommended 5-year sewer rate schedule. ENVIRONMENTAL ANALYSIS: Adoption of the proposed resolution is not a "project" under California Environmental Quality Act (CEQA) Guidelines section 15378. This resolution approves an amendment to terms and conditions of employment and there is no potential that approval of the proposed resolution will result in a direct or indirect physical change to the environment. NEXT STEPS: Article XIIID of the California Constitution (Proposition 218) requires that local governments mail a special notice to affected parcels regarding a proposed sewer rate increase at least 45 days before holding a public hearing on the matter. Once directed by Council, Staff will have such a notice mailed to each parcel upon which the sewer service charges are proposed for imposition. If a majority of the parcels that receive sewer service present valid written protests to the City before the close of the public hearing, Proposition 218 states that the City cannot implement the proposed increase. If a majority of the parcels do not present written protests, the City Council may implement the proposed rate increase. The City has adopted local rules regarding the procedure for making and tabulating protests via adoption of Resolution 2011-25. Following City Council direction, staff would immediately proceed with mailing public hearing notices to approximately 10,150 City sewer system customers. The public hearing would occur on September 24, 2024. Depending on the number of protests received in writing prior to and at the public hearing, the resolution to adopt the new sewer rates could occur at the same meeting. If adopted, the new rates would go into effect for bills rendered after October 1, 2024. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The proposed action aligns with the City's strategic goals priorities of: oo Long Term Financial Sustainability. ITEM NO. 8.A. Department Head Approval Date: July 05, 2024 Finance Director Approval Date: July 05, 2024 City Attorney Approval Date: July 10, 2024 City Manager Approval Date: July 15, 2024 Attachments: 1) Sewer Rate Study Report 2) Public Hearing Notice 3) Resolution No. 2011-25 and Procedures for Conducting Protest Hearings for Proposed New or Increased Property -Related Fees and Charges 9ohnv&(Pa& 2024 Sewer Rate Study Final Report July 17, 2024 HILDEBRAND J u ly 17, 2024 Betsy Howze, Interim Finance Director City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928-3126 Re: 2024 Sewer Rate Study Dear Ms. Howze, HILDEBRAND CONSULTING Hildebrand Consulting is pleased to present this 2024 Sewer Rate Study (Study) that we performed for the City of Rohnert Park (City). We appreciate the fine assistance provided by you and all of the members of the City staff who participated in the Study. If you or others at the City have any questions, please do not hesitate to contact me at: mhildebrand@hildco.com (510) 316-0621 We appreciate the opportunity to be of service to the City and look forward to the possibility of doing so again in the near future. Sincerely, Mark Hildebrand Hildebrand Consulting, LLC Enclosure City of Rohnert Park 2024 Sewer Rate Study Table of Contents TABLE OF CONTENTS SECTION 1. INTRODUCTION.............................................................................2 1.1 SEWER UTILITY BACKGROUND................................................................................... 2 1.2 RATE STUDY BACKGROUND....................................................................................... 2 1.3 SCOPE & OBJECTIVES OF STUDY................................................................................ 3 1.4 STUDY METHODOLOGY............................................................................................. 3 SECTION 2. FINANCIAL PLAN............................................................................5 2.1 FINANCIAL DATA & ASSUMPTIONS.............................................................................. 5 2.1.1 Fund Structure & Beginning Fund Balances..................................................................................5 2.1.2 Reserve Targets............................................................................................................................... 7 2.1.3 Customer Growth.............................................................................................................................8 2.1.4 Rate Revenues..................................................................................................................................8 2.1.5 Non -Rate Revenues......................................................................................................................... 9 2.1.6 Operation and Maintenance Expenses and Existing Debt Service.............................................10 2.1.7 Cost Escalation..............................................................................................................................12 2.1.8 Capital Improvement Program and Debt Strategy.....................................................................12 2.2 PROPOSED RATE REVENUE INCREASES...................................................................... 13 SECTION 3. COST -OF -SERVICE ANALYSIS & RATE STRUCTURE ...........................15 3.1 RATE SETTING OBJECTIVES..................................................................................... 15 3.2 CURRENT SEWER RATES......................................................................................... 16 3.3 PROPOSED RATE STRUCTURE MODIFICATIONS........................................................... 17 3.4 WASTEWATER COST -OF -SERVICE ANALYSIS............................................................... 17 3.4.1 Customer Flow and Loadings.......................................................................................................18 3.4.2 Allocation of Costs.........................................................................................................................23 3.4.4 Proposed Rates..............................................................................................................................27 SECTION 4. CONCLUSION...............................................................................28 LIST OF FIGURES Figure 1: FY 2022/23 Actual Revenues by Category......................................................................10 Figure 2: FY 2022/23 Actual Expenses by Category.......................................................................11 Figure 3: Historical and Projected Capital Spending...................................................................13 Figure 4: Cash Flow Projection with Proposed Rate Revenue Increases.....................................14 City of Rohnert Park 2024 Sewer Rate Stud LIST OF TABLES Table of Contents Table1: Current Sewer Rates........................................................................................................16 Table 2: Customer Classifications by Sewer Strength and Customer Types...............................19 Table 3: Customer Class Metrics (meter count, ESFDs and estimated wastewater)...................21 Table 4: Customer Class Estimated Flows and Loadings.............................................................22 Table 5: Determination of Unit Costs............................................................................................24 Table 6: Wastewater Allocation of Annual Costs to Users............................................................24 Table 7: Wastewater Rate Determination.....................................................................................25 Table 8: Fixed Monthly Service Charges.......................................................................................26 Table 9: 5-Year Schedule of Proposed Sewer Rates.....................................................................27 LIST OF SCHEDULES Schedule 1- Detailed Budgeted and Projected Operating Cash Outflows Schedule 2 - 5-Year Capital Improvement Program Schedule 3 - Cash Flow Pro Forma City of Rohnert Park 2024 Sewer Rate Studv List of Acronvms List of Acronyms AWWA American Water Works Association BOD biochemical oxygen demand CIP capital improvement program COSA cost of service analysis DCR debt service coverage ratio ESFD equivalent single-family dwellings FY Fiscal year (which ends on June 30 for the City) gpm gallons per minute I&I inflow and infiltration mg/l milligrams per liter 0&M operations and maintenance Pay -Go refers to cash financing capital projects (as opposed to debt) PFFF Public Facilities Financing Fund TGAL thousand gallons TSS total suspended solids SSU Sonoma State University SWRCB State Water Resources Control Board WEF Water Environment Federation WWTP wastewater treatment plant City of Rohnert Park 2024 Sewer Rate Studv Introduction Section 1. INTRODUCTION Hildebrand Consulting, LLC was retained by the City of Rohnert Park (City) to conduct a comprehensive Sewer Rate Study (Study). This report describes in detail the assumptions, procedures, and results of the Study, including conclusions and recommendations. 1.1 SEWER UTILITY BACKGROUND The City's sewer system has two primary functions: (1) collect the City's wastewater and (2) transport it for treatment to the Santa Rosa Subregional Water Reclamation System of Santa Rosa. The City's sanitary sewer system facilities include 100 miles of gravity sewers, 7.5 miles of sewer force mains, 16 inverted siphons, and three pump stations. The majority of facilities were installed between 1965 and 1980. The diameter of the collection system's underground network of pipes ranges from six to forty-two inches. 1.2 RATE STUDY BACKGROUND The City's last sewer rate study was conducted by The Reed Group in 2018. While the public hearing process that was followed in 2018 gave the City the authority to raise rates for five (5) years (every June through 2022), the City stopped implementing rate increases in June of 2020. This means that the City has the authority to charge sewer rates that are higher than the current rates (as presented in the 2018 218 Notification Letter). The purpose of this Study is to update the City's financial plan and evaluate the structure of the existing sewer user charges by updating the cost -of -service analysis (COSA). The broader purpose of the 10-year financial plan is to provide the necessary information and analysis to the City Council to set rates that adequately fund the operating, capital costs and debt service associated with the collection, treatment, and City of Rohnert Park 2024 Sewer Rate Stu Introduction disposal of wastewater for the next five years (fiscal year 2024/25 through FY 2028/29). Periodically updating the COSA is a best practice and necessary to comply with applicable law. Rate structure updates ensure that each class of customer continues to pay their fair and proportional share of costs. The cost to serve each class of customers may vary over time due to changes in water use, sewage strength, number of accounts and other factors. 1.3 SCOPE & OBJECTIVES OF STUDY The scope of this Study was to prepare a multi -year financial plan, update the COSA, review the City's existing sewer rate structure, and propose a 5-year rate schedule. The primary objectives of this Study were to: i. Develop a multi -year financial management plan that integrates the City's operational and capital project funding needs ii. Propose annual rate adjustments to the sewer rates that will ensure adequate revenues to meet the sewer enterprise's ongoing service and financial obligations iii. Determine the cost of providing sewer service to the City's customers using equitable and industry -accepted methodologies iv. Recommend specific modifications to the City's existing rate structure in order to ensure that the City is equitably recovering the cost of service and comporting with industry standards and California's legal requirements 1.4 STUDY METHODOLOGY This Study applied methodologies that are aligned with industry standard practices for rate setting as promulgated by the Water Environment Federation (WEF) and all applicable law, including California Constitution Article XIII D, Section 6(b), commonly known as Proposition 218. The Study began with development of a multi -year financial management plan that determined the level of annual rate revenue required to cover projected annual City of Rohnert Park 2024 Sewer Rate Stu Introduction operating expenses, debt service (including coverage targets), and capital cost requirements while maintaining adequate reserves. A financial planning model was customized to reflect the City's financial dynamics and latest available data for the seweroperations in orderto develop a long-term financial management plan, inclusive of projected annual revenue requirements and corresponding annual rate adjustments. Revenue requirements calculated in the financial plan for FY 2024/25 were then used to perform a detailed COSA. The COSA and rate structure design were conducted based upon principles outlined by the WEF, legal requirements (Proposition 218) and other generally accepted industry practices to develop rates that reflect the cost of providing service. Recommendations for the financial plan and updated rate structure have been presented to the City Council and a Public Hearing to adopt the rates has been scheduled for the Summer of 2024. City of Rohnert Park 2024 Sewer Rate Studv Financial Plan Section 2. FINANCIAL PLAN This Study's 10-year financial plan was developed through interactive work sessions with City staff. As a result of this process, the Study has produced a robust financial plan that will allow the City to meet revenue requirements and financial performance objectives throughout the projection period while striving to minimize rate increases. This includes maintaining prudent reserves and ensuring that the City's customers are all paying fair and equitable amounts for services provided. 2.1 FINANCIAL DATA&ASSUMPTIONS The City provided historical and budgeted financial information associated with operation of the sewer system, including historical and budgeted operating costs, a multi -year capital improvement program (CIP), and outstanding debt service obligations. City staff also assisted in providing other assumptions and policies, operating and capital reserve targets, and escalation rates for operating costs (all of which are described in the following subsections). 2.1.1 FUND STRUCTURE & BEGINNING FUND BALANCES The financial plan is an annual cash flow model. As a cash flow model, it differs from standard accounting income statements, and balance sheets. The financial plan models sources and uses of funds into, out of, and between the various funds and reserves of the sewer utility. An understanding of the fund structure is helpful in understanding the financial plan worksheets that model estimated annual cash flows through the sewer utility from one year to the next. The fund/reserve structure is comprised of: Sewer Operating Fund (3420) - The Operating Fund is the primary fund within the sewer utility. Most of the sewer system's revenues, including sewer rate revenues, flow City of Rohnert Park 2024 Sewer Rate Stu Financial Plan into the Operating Fund and all operating and maintenance costs, including subregional treatment costs, are paid out of this fund. Funds are also transferred from the Operating Fund to the Sewer CIP Fund to help pay for capital projects intended to rehabilitate and upgrade facilities, as well as to the Debt Service Fund for debt service payment. Sewer CIP Fund (7420) - The CIP Fund is used to account for revenues and funds available for capital project expenditures. Capital projects funded from this fund are intended to preserve (rehabilitate and upgrade) the sewer system, rather than expand the sewer system to serve new growth. The financial plan model generally seeks to maintain a positive balance in the Capital Fund while also covering the varying costs of planned annual preservation project expenditures. This is achieved through an annual transfer of funds from the Operating Fund to the CIP Fund (as needed) in support of the capital improvement program. Capital Preservation Fund (3425) - This fund was created to receive funds from the "capital preservation charge" (adopted as part of the 2018 Sewer Rate Study) which was designed to ensure adequate long-term funding of the capital program and the rehabilitation and upgrade of the sewer system. Based conversations with City staff, this Study recommends that the capital preservation charge be combined with the Sewer Base Charge to make single fixed charge (see Section 3.3) and by extension the Capital Preservation Fund be eliminated (i.e., combined with the Operating Fund). The existence of the Capital Preservation Fund does not serve a vital purpose given the overlap with the purpose of the Sewer CIP Fund. Public Facilities Financing Fund (4250) - The City's Public Facilities Financing Fund (PFFF) is used to account for capacity fees and other revenues from new development that help cover the costs of expanding capacity in the sewer system, including subregional treatment capacity, for the benefit of new development. Those revenues, and the use of those revenues, are not reflected in the sewer financial plan model. City of Rohnert Park 2024 Sewer Rate Stu Financial Plan Likewise, the costs of expanding sewer system capacity for the benefit of new development are also excluded from the financial plan model. The City's combined sewer funds beginning cash (and cash equivalents) fund balance for the beginning of FY 2023/24 was $21,803,000. 2.1.2 RESERVE TARGETS Reserves for utilities are cash balances that are maintained in order to (a) comply with contractual obligations (e.g., bond covenants), (b) protect the utility from unexpected financial events, and/or (c) accommodate operational and capital program cash flow needs. Often multiple reserves or fund targets are maintained, each with a specific function. In addition to the direct benefits of financial stability, reserves can help utilities obtain highercredit rankings, which can then help qualifythe utility for cheaper debt. Credit rating agencies evaluate utilities on their financial stability, which includes adherence to formally adopted reserve targets. The following describes recommended reserve targets which are partially informed based on existing City reserve practices and are consistent with 1) the author's industry experience for similarsystems, 2) findings of reserve studies conducted bythe American Water Works Association (AWWA), and 3) healthy reserve levels for public utilities per the evaluation criteria published by rating agencies (e.g., Fitch, Moody's, and Standard & Poor's). - Operating Reserve - The City maintains an Operating Reserve equal to 50 percent of annual operating and maintenance costs, including debt service when applicable, for the sewer system. The purpose of the Operating Reserve isto provide working capital and funds for unplanned operating and maintenance expenditures. The reserve target for FY 2023/24 was about $8.04 million. - Rate Stabilization Reserve - The City also maintains Rate Stabilization Reserve of $1.5 million within the Operating Fund (as permitted under the terms of the 2017 Sewer System Revenue Refunding Bonds). This reserve bolsters financial stability City of Rohnert Park 2024 Sewer Rate Stu Financial Plan and can be drawn upon to smooth annual rate adjustments or for emergency purposes and would reduce the utility's financial risk. The Operating Reserve and Rate Stabilization Reserve are both targets that are sometimes met and other times not met. In addition to these targets, this Study proposes to introduce the concept of a minimum reserve level, which is a combined fund balance level that the sewer funds should never plan to drop below. For the purposes of this Study, we propose a minimum fund balance equal to 4 months of operating costs (or about $5.3 million in FY 2023/24). 2.1.3 CUSTOMER GROWTH Consistent with the assumptions used as part of the 2021 Water Rate Study (which included conversations with the City's Development Department), this Study assumes that growth in Rohnert Park will average about 1 percent over the next 10 years. 2.1.4 RATE REVENUES Rate revenue is the revenue generated from customers for sewer service. The City collects rate revenue on a monthly basis (until recently it was collected on a bi-monthly basis) from sewer customers in the form of a fixed "Base Charge" and "Capital Preservation Charge" (both assessed based on meter size) and a "Flow Charge" applied to estimate indoor water use (measured in thousands of gallons or "TGAL"). The City also has formal service agreements with two large customers (Sonoma State University (SSU) and Graton Casino. The City charges these two entities "contract rates", which are tailored to the needs of those two unusually large customers. The rates are consistent with the rates charged to the City's other customers, while also accounting for the additional costs associated with their size and location (outside of City limits). This Study'sfinancial plan proposes annual rate revenue adjustments that will meetthe City's revenue requirements. The Financial Plan starts with calculated expected rate City of Rohnert Park 2024 Sewer Rate Stu Financial Plan revenue levels for FY 2024/25 based on the current number of accounts and water usage (detailed in Section 3.2). The rate revenues for FY 2023/24 are expected to be similar to the revenues from the previous year (FY 2022/23) since no rate increases have been implemented since June 2020 (see Section 1.2). The impact of the recently ended drought on indoor water usage is not yet understood therefore no changes in water usage behavior has been assumed for this year norfuture years. As such, estimated future indoor water demand and rate revenues include the small amount of customer growth (see Section 2.1.3) as well as the annual rate revenue adjustments proposed by this Study but no changes in water usage behavior. Budgeted and projected rate revenues (including proposed rate adjustments) are listed in Schedule 3. 2.1.5 NON -RATE REVENUES In addition to rate revenue, the City receives additional "non -rate revenue" from sources such as operating revenue (i.e., miscellaneous service fees and penalties), and interest revenue on investments. Projections of all non -rate revenues were based on FY 2023/24 budgeted revenues, as directed by City staff, with the exception of interest income which was calculated annually based upon projected fund balances and an assumed interest rate of 0.97%. While sewer capacity charges collected from developers are related to the sewer system, that revenue goes to the City's Public Facilities Financing Fund (PFFF) and used to pay for expansion -related capital projects. Projecting those revenues is outside of the scope of this study. Forecasted non -rate revenues are listed in Schedule 3. Figure 1 below depicts the relative amount of Sewer Enterprise revenues for FY 2022/23. City of Rohnert Park 2024 Sewer Rate Stu Interest Earnings operating Revenue 2.0% 1.1% Contract Rate! 12.8% Figure 1: FY 2022/23 Actual Revenues by Category Financial Plan 2.1.6 OPERATION AND MAINTENANCE EXPENSES AND EXISTING DEBT SERVICE For the purpose of this Study, the sewer enterprise's operating and maintenance expenses include all ongoing collection, transmission, Subregional, and administrative expenses and debt service payments. The financial plans' assumed annual operating and maintenance costs are based on the FY 2023/24 budget and are adjusted for future years based on inflation (see Section 2.1.7). The sewer enterprise currently has one outstanding bond loan. The annual debt service is about $700 thousand in FY 2024/25 and will remain at that level until 2036 when the bond will be defeased. Debt service coverage is a measure of how easily an entity is able to afford its outstanding debt. The covenants of the current bond require that the sewer enterprise maintain a minimum debt coverage ratio (DCR) of 1.2. This Study recommends maintaining a DCR of at least 1.5 to ensure access to favorable borrowing terms in the future. The City currently has an estimated DCR of 1.07 (see Schedule 3). The proposed City of Rohnert Park 2024 Sewer Rate Stud Financial Plan rate increases will have an immediate affect by increasing the DCR to above 2.45 sta rti ng in FY 2024/25. Budgeted expenses for FY 2023/24 are depicted by cost category in Figure 2, which shows that the Subregional payment (which includes operating costs, debt service and capital expenses) is easily the sewer enterprise's largest single expense. Budgeted and projected operating and debt expenses are listed in detail in Schedule 1. Capital program expenses are discussed in Section 2.1.8. Debt Service 4.7% Salaries Benefits 5.4% 1.8% Operational Expenses Professional Services ' no/ 1.1 Insurance 0.6% Utilities 1.2% Cost Allocation 6.4% Capital Outlay 1.0% Subregional & Laguna 74.9% Figure 2: FY 2022/23 Actual Expenses by Category City of Rohnert Park 2024 Sewer Rate Study Financial Plan 2.1.7 COST ESCALATION Annual cost escalation factors for the various types of expenses were developed based upon a review of historical inflation trends, published inflation forecasts, industry experience, and discussions with City staff. The following escalation assumptions were made for the projection period: - 4 percent per year for salaries and benefits - 5 percent per year for utilities and insurance - Subregional expenses have been forecasted based on information provided by the City of Santa Rosa and range between 2.2 percent to 5.5 percent per year. While recent information has unofficially suggested that these cost increases may be significantly higher, we do not have sufficient information at this time to assume larger increases. In the future, the City may wish to consider a pass -through provision for Subregional costs given the magnitude of those costs on the Sewer Fund. - 3 percent per year for all other costs 2.1.8 CAPITAL IMPROVEMENT PROGRAM AND DEBT STRATEGY Figure 3 shows that from FY 2020/21 to FY 2022/23 the City averaged $1.3 million in cash financed ("Pay -Go") capital spending. Over the next five years (between FY 2023/24 and FY 2027/28), the City is planning to spend an average of $3.6 million per year (not including inflation). The City's capital spending program is designed to pro -actively address sewer system rehabilitation needs associated with aging pipes and other system deficiencies. Many of these efforts will help address inflow and infiltration (I&I) issues which drive up costs at the Subregional plant. A detailed list of capital projects and associated costs over the next 9 years is provided in Schedule 2. Annual capital spending in FY 2032/33 and FY 2033/34 was assumed to be $3 million (in today's dollars). City of Rohnert Park 2024 Sewer Rate Stu Financial Plan $8 ■ Actuals ■ Planned $7 $6 $5 0 $4 � $3 $2 $1 $D qo <0 <6 Figure 3: Historical and Projected Capital Spending 2.2 PROPOSED RATE REVENUE INCREASES All of the above information was entered into a financial planning model to produce a financial plan that evaluated the sufficiency of current revenues to meet current and estimated future financial obligations and determined the level of rate revenue increases necessary in each year of the planning period. Based upon the previously discussed financial data, assumptions, and reserve targets, this Study proposes a 5-year schedule of rate revenue adjustments as shown at the bottom of Figure 4. The numbers provided in Schedule 3 (cash flow proforma) are summarized graphically in Figure 4. 9 W11 H City of Rohnert Park 2024 Sewer Rate Stu $30 $25 $20 $15 $10 $5 $0 Financial Plan FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 $30 -Projected Ending Fund Balance ,,, $20 —Reserve Targets z O $10 J J_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $0 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 Proposed Rate Schedule Projected Increases (TBD) Rate Revenue Increase: 7.0% 7.0% 7.0% 5.0% 5.0% 1 3.0% 3.0% 3.0% 3.0% 3.0% Debt Coverage Ratio: 2.67 3.92 4.96 5.59 6.29 6.67 7.20 7.65 8.12 8.64 Figure 4: Cash Flow Projection with Proposed Rate Revenue Increases Note that the actual rate increases in Year 1 (FY 2024/25) will be slightly different for various customer classes, due to the minor structural changes that are being proposed for the rates (see Section 3). The structural changes are a result of calibrating cost responsibilities among the City's customers and will result in some customers experiencing slightly higher rate increases and some customers experiencing slightly lower rate increases. This phenomenon is limited to Year 1, with the remaining rate revenue increases (Years 2, 3, 4, and 5) being the same for all customers. The COSA findings, and resultant impact to the City's customers, is explained in more detail in Section 3. City of Rohnert Park 2024 Sewer Rate Stu Cost of Service and Rate Structure Section 3. COST -OF -SERVICE ANALYSIS & RATE STRUCTURE This section of the report explains the COSA and design of sewer rates intended to meet the City's financial obligations for FY 2024/25 and beyond. Proposed sewer rates are intended to meet the utility's financial needs, satisfy legal requirements, and achieve other rate -setting objectives. The sewer rate analyses and related recommendations address each of the following: o Identification of rate -setting objectives o Evaluation of customer account and wastewater production data o A COSA used to allocate costs to each customer and customer class in proportion with service demands o Design of the rate structure to meet revenue needs, satisfy legal requirements, and achieve rate -setting objectives in a fair and reasonable manner 3.1 RATE SETTING OBJECTIVES There are two rate setting objectives that are primary and fundamental to guiding the rate -setting process. They include: (1) sewer rates must generate sufficient revenue to meet the utility's service and financial obligations, and (2) sewer rates must be calculated consistent with the requirements of the California Constitution, Article XIII D (Proposition 218) and relevant case law. Other rate -setting objectives are secondary and can be addressed so long as the primary objectives are first achieved. Beyond the primary objectives, other rate -setting objectives identified to help guide the rate design process included the following: • Sewer rates should be viewed as fair and equitable by the public • Sewer rates should be simple, understandable, and easy to administer • Sewer rates should strike an appropriate balance between fixed and usage - based charges, with consideration of: o Revenue stability City of Rohnert Park 2024 Sewer Rate Stu o Affordability for basic usage 3.2 CURRENT SEWER RATES Cost of Service and Rate Structure The City's current sewer rates were last increased in June 2020 and are presented in Table 1. The structure for the City's current sewer rates follows a common industry practice with a two-part structure that is comprised of a fixed component and a consumption -based "Flow Charge". The fixed charge has two components: a Base Charge and a Capital Preservation Charge, both of which are charged based on the individual account's meter size. Together the fixed charges currently recover approximately 28 percent of total rate revenue. The flow charge for non-residential customers is assessed based on actual monthly water usage. The flow charge for residential customers is based on the lesser of (1) the previous average winter water usage or (2) the actual water usage for that month. The current sewer rate schedule is summarized in Table 1. Bills are sent to customers every month (historically the City has sent bills on a bimonthly basis). Table 1: Current Sewer Rates Residential All residential $0.01177 per gallon Non -Residential Low Strength $0.01233 per gallon Medium Strength $0.01675 per gallon Single Family Account Non -Residential & Multi -Family Up to 3/4" 1" meter 1.5" meter 2" meter 3" meter 4" meter 6" meter 8" meter $ $10.31 $6.00 $16.31 $31.24 $15.00 $46.24 $47.63 $25.00 $72.63 $88.20 $50.00 $138.20 $137.09 $80.00 $217.09 $251.25 $160.00 $411.25 $414.31 $250.00 $664.31 $821.55 $500.00 $1,321.55 L,310.46 $800.00 $2,110.46 City of Rohnert Park 2024 Sewer Rate Stu Cost of Service and Rate Structure 3.3 PROPOSED RATE STRUCTURE MODIFICATIONS The City's current rate structure and cost of service methodology is generally consistent with established and common industry practices. Given that the two fixed charges (the Base Charge and the Capital Preservation Charge) are both assessed based on the size of each account's meter, this study proposes to combine the two charges into a single Service Charge. This will simplify customer bills. This same recommendation was accepted as part of the City's 2021 Water Rate Study. All rate revenue collected by the City will first be deposited in Fund 3420, and then will be transferred to Fund 7420 to fund capital preservation project as needed. Combining the two fixed charges will simplify customer bills and simplify the City's accounting processes. We understand that recent audits of the City's books have recommended the elimination of unnecessary funds, such as the Capital Preservation Fund. The only additional proposed modifications are to update the cost -of -service calculations, as described in Section 3.4. 3.4 WASTEWATER COST -OF -SERVICE ANALYSIS There are three steps to determining sewer rates. These are: ■ Determine annual sewer rate revenue requirements ■ Analyze the cost of providing service and proportionately allocate costs to each customer class and customer ■ Design sewer rates to recover costs from each customer class and customer The sewer enterprise's ten-year financial plan (see Section 2) was used to identify the sewer rate revenue required to meet financial obligations for each fiscal year of the planning period. City of Rohnert Park 2024 Sewer Rate Stu Cost of Service and Rate Structure Once the annual sewer rate revenue requirement has been determined, the next step in the rate -setting process is to evaluate the cost of providing service. The COSA is intended to allocate the costs of providing wastewater service to customers in proportion to the extent to which each customer contributes to the utility's incursion of costs. The COSA evaluates the cost of providing wastewater services and allocates those costs to rate structure components to ensure the proposed rates are aligned with the costs to provide service. 3.4.1 CUSTOMER FLOW AND LOADINGS To develop equitable sewer rates, the revenue requirement is allocated to various customer classifications according to the services provided and the demands placed on the wastewater system. This Study allocates costs based on estimated wastewater flows and sewage strength. Sewer rate calculations are based on several factors related to how wastewater customers impact the cost to provide service. The rates are calculated based on the cost to provide service. Costs are allocated to each customer class (residential and non-residential) based on their respective estimated wastewater flows, loadings, and number of accounts. "Loading" refers to the quantities of biochemical demand (BOD) and total suspended solids (TSS) that are delivered to the Santa Rosa Laguna Wastewater Treatment Plan (WWTP), both of which drive the costto treat wastewater. Strength assumptions for each customer class are based on the City's historical practices, which are consistent with State Water Resources Control Board (SWRCB) guidelines' and industry standards. This study assumes that residential sewage has a strength of 175 mg/L of BOD and 175 mg/L of TSS. The assumed strength characteristics of various commercial enterprises is provided in Table 2. 1 Revenue Guidelines, Appendix G, March 1998, SWRCB City of Rohnert Park 2024 Sewer Rate Stu Cost of Service and Rate Structure Table 2: Customer Classifications by Sewer Strength and Customer Types Low Strength Medium Strength BOD 200 mg/L 400 mg/L TSS 200 mg/L 400 mg/L Bar without food Auto repair facilities Beauty Salon Auto service stations Car wash Commercial laundry Church Hotel/motel w/ restaurant Convalescent home Mixed use, incl. restaurants Dry cleaners Restaurant w/ grease interceptor Health club/spa Retail with food services Hospital Hotel/motel w/o restaurant Laundromat Manufacturing w/o process disch. Office building Public/municipal building Retail stores Schools High Strength 1000 mg/L 600 me/L Bakery Bar with food Grocery w/ bakery, butcher, or food waste grinder Mortuary Restaurant w/o grease interceptor Table 3 summarizes the count of meters and estimated wastewater usage data by customer class obtained from the utility billing system for FY 2021/22. As previously explained, the wastewater flow for non-residential customers is based on actual monthly water usage while residential customer flows are (generally) based on average winter water usage. This table also converts the meter count into "equivalent single- family dwelling" by measuring the relative peak flow capacity ("hydraulic capacity factor") of each meter relative to the flow capacity of a typical single-family meters (which is a 3/4" meter). As shown on Row 6 of Table 4, the 3/4" meter size (and all single- family accounts) is assigned a hydraulic capacity factor of 1.0 and the larger meters are assigned a larger factor based on their respective peak capacity (measured in gallons per minute (gpm)). The hydraulic capacity factor is used for calculating ESFDs, which is used when calculating the relative difference in fixed monthly service charges for different meter sizes. City of Rohnert Park 2024 Sewer Rate Stu Cost of Service and Rate Structure Table 4 summarizes the assumed strength characteristics and the resulting estimated loading characteristics for each customer class. This Study uses the same customer class strength assumptions as the 2018 Sewer Rate Study, which are consistent with industry norms. City of Rohnert Park 2024 Sewer Rate Studv Cost of Service and Rate Structure 2 3 4 5 6 Table 3: Customer Class Metrics (meter count, ESFDs and estimated wastewater) Number of Accounts Estimated Wastewater Totals (TGAL) Single Family Residential 9,518 9,518 384,300 3/4" 1" 1.5" 2" 3" 4" 6" 8" Multi -Family and Mobile Home 5 160 39 52 18 17 39 1 331 315,000 Non -Residential Low Strength 22 194 67 76 10 16 2 1 388 92,300 Non -Residential Medium Strength 3 29 22 24 2 1 81 43,300 Non -Residential High Strength 4 4 6 1 15 7,100 Total Accounts 9,548 387 132 158 30 33 43 2 10,333 842,000 Meter Rating (gpm)1 30 50 100 160 300 500 1,000 1,600 Hydraulic Capacity Factor 1.00 1.67 3.33 5.33 10.00 16.67 33.33 53.33 Equivalent Single Family Dwellings: 9,548 646 440 842 300 550 1,433 107 13,866 1 AWWA M1 Manual, 7th Edition, Table B-2 City of Rohnert Park 2024 Sewer Rate Stud 1 2 3 4 5 6 7 Cost of Service and Rate Structure Table 4: Customer Class Estimated Flows and Loadings Estimated Estimated No. of No. of Annual Annual BOD Annual BOD TSS Annual TSS Customer Class Accounts 1 ESFDs Z Sewer Flow 3 Sewer Flow Strength 4 Loading Strength 4 Loading 1,000 Gal. MG mg/L Ibs mg/L Ibs Single Family Residential Single Family 9,518 Multi -Family and Non -Residential Multi -Family 331 Low Strength 388 Medium Strength 81 High Strength 15 Totals 10,333 Notes: 9,518 384,300 384.3 175 560,886 175 560,886 2,496 315,000 315 175 459,743 175 459,743 1,461 92,300 92.3 200 153,956 200 153,956 306 43,300 43.3 400 144,449 400 144,449 85 7,100 7.1 1000 59,214 600 35,528 13,866 842,000 842 1,378,248 1,354,562 'Based on data from City's utility billing system from FY 2021/22. z Equivalent single family dwelling units (ESFDs) are based on meter capacity for multi -family and non-residential accounts. 3 Based on lesser of average winter water use or actual monthly use for residential accounts, and total annual water use for non-residential accounts. 4 Assigned for defined customer classes based on compiled industry data, SWRCB guidelines and historical City practices. City of Rohnert Park 2024 Sewer Rate Study Conclusion 3.4.2 ALLOCATION OF COSTS The sum of the rate revenue to be recovered from existing customers in FY 2024/25 is $15.412 million (see Row 9 of Table 5, which derived from the sum of Rows 2 and 4 of Schedule 3). The cost -of -service analysis does not include the City's two contract customers (SSU and Graton Casino) since those rates were calculated separately and those revenues are collected separately. Table 5 shows how the revenue requirement has been split between the City's collection system costs (37.1 percent) and the Subregional treatment costs (62.9 percent). These percentages were calculated based on the budgeted operational costs during the test year (FY 2024/25) as well as the average annual capital spending and debt over the past two years ($3.8 million). An average value was used for capital spending because of the volatile nature of capital expenses. The collection system costs are then further split into "revenue recovery" categories based on how those costs will be recovered through sewer rates. In keeping with historical City practices, and consistent with industry standards, the sewer rates will recover 16.1 percent of the collection system costs through variable rates (which are charged based on estimated indoor water flow). This percentage is based on the percentage of operating costs that are variable in nature, such as utilities, maintenance and minor capital. The remaining 83.9 percent of collection system costs will be recovered through fixed rates (charged based on meter size). All collection costs are allocated to the respective customers classes based on total annual estimated wastewater flows. The Subregional treatment costs are split into four rate categories: 45 percent will be recovered through fixed rates (charged based on meter size). This percentage is based on the percentage of Subregional costs that are incurred by the City based on its assigned capacity at the Laguna WWTP (which is a fixed value). The remaining 55 percent of treatment costs will be recovered through flow and strength -based charges: 30 percent based on estimated wastewater flows, 35 percent through a BOD loading charge, and 35 percent through a TSS loading charge (see Rows 7 through 9 of Table 5). City of Rohnert Park 2024 Sewer Rate Stu Conclusion The allocation of costs to these categories is consistent with past City practices and is also consistent with the author's experience with other studies and common industry practices. Once the costs have been allocated to each revenue recovery category, a unit cost for each is calculated by dividing the cost by the number of total system units, as shown in the last column of Table 5. Table 5: Determination of Unit Costs Cost Category Cost Allocation Method Allocation Percentage Allocated Cost Total Annual System Quantities Unit Costs L City Collection Costs 37.1% Variable Costs Annual Flows (gal.) 100.0% $5,717,852 842.0 MG $6,790.80 /MG 3 Subregional Treatment Costs 62.9% i Fixed Treatment Costs Annual Flows (gal.) 45.0% $4,362,367 842.0 MG $5,180.96 /MG 7 Variable Flow Costs Annual Flows (gal.) 16.5% $1,599,534 842.0 MG $1,899.68 /MG 3 Variable BOD Costs Pounds of BOD 19.3% $1,866,123 1,378,248 Ibs $1.3540 /Ibs 3 Variable TSS Costs Pounds of TSS 19.3% $1,866,123 1,354,562 Ibs $1.3777 /Ibs 0 Total Overall Annual Revenue Requirement for FY 2023/24: $15,412,000 1 2 3 4 5 6 7 In Table 6, the unit costs (as calculated in Table 5) are applied to the total annual wastewater flows, BOD loadings and TSS loadings associated with each customer class to arrive at an allocation of total costs to each customer class. Table 6: Wastewater Allocation of Annual Costs to Users Customer Class Allocation Basis 1 $5,180.96 / MG $8,690.48 / MG 1 $1.3540 / lb. $1.3777 / lb. Rate Basis Fixed Rate Flow -Based Rate Strength -Based Strength -Based Number of Total Accounts Customer Class (per ESFD) (per TGAL) Rate (TSS) Rate (BOD) Allocation Single Family Residential 9,518 Single Family $1,991,000 $3,339,800 $759,400 1 $772,700 1 $6,862,900 Multi -Family and Non -Residential 331 Multi -Family $1,632,000 $2,737,500 $622,500 $633,400 $5,625,400 388 Low Strength $478,200 $802,100 $208,500 $212,100 $1,700,900 81 Medium Strength $224,300 $376,300 $195,600 $199,000 $995,200 15 High Strength $36,800 $61,700 $80,200 $48,900 $227,600 10,333 TotaIS: 2 $4,362,300 $7,317,400 $1,866,200 $1,866,100 $15,412,000 Footnotes: 1 Unit costs at the top of each column, and obtained from the previous table, are multiplied by the estimated sewer flow, number of accounts, BOD loading, or TSS loading for each customer class. 2 Some minor discrepancies may appear in the Totals due to rounding. 2 3 4 5 6 City of Rohnert Park 2024 Sewer Rate Stu Conclusion Table 7 and Table 8 show the calculated sewer rates for FY 2024/25. The monthly service charges are calculated by dividing the fixed rate costs for the respective customer classes in Table 6 by the number of ESFDs in those customer classes. For example, the fixed rate costs for Single Family accounts in Table 6 ($1.99 million) are divided by the number of Single Family ESFD (9,518) which yields a service charge of $17.43 per month per account. Note that the fixed rate costs for all non -single-family customers are grouped together and divided by the total number of ESFDs for those customers (4,348). This yields a monthly service charge of $45.45 for a 3/4" meters as shown in Table 8. The monthly service charge for larger meters is calculated by multiplying the 3/4" meter rate by the respective hydraulic capacity factor of the larger meters (see Row 6 of Table 3). The strength -adjusted usage rates are calculated by dividing the usage -based costs in Table 6 by the estimated wastewater flows for the respective customer classes, which yields an effective usage rate (per gallon). For example, usage -based costs for Single Family accounts in Table 6 ($3.34 million, $759 thousand, and $772 thousand for a total of $4.87 million) are divided by annual estimated Single Family wastewater flows (384,300 TGALs) which yields a rate of $0.01268 per gallon. Table 7: Wastewater Rate Determination Number of ESFDs Customer Class Estimated Annual Sewer Flow BOD Strength TSS Strength Monthly Fixed Service Charge Flow Charge Fixed Charge Revenue Usage Charge Revenue Total Annual Revenue TGAL mg/L mg/L $/Account $/gal. Single Family Residential 9,518 Single Family 384,300 175 175 $17.43 $0.01268 $1,990,800 $4,872,900 $6,863,700 Multi -Family and Non -Residential 2,496 Multi -Family 315,000 175 175 $0.01268 $1,632,000 $3,993,400 $5,625,400 1,461 Low Strength 92,300 200 200 See Table 8 $0.01325 $478,200 $1,222,700 $1,700,900 306 Medium Strength 43,300 400 400 Below $0.01780 $224,300 $770,900 $995,200 85 High Strength 7,100 1000 600 $0.02688 $36,800 $190,800 $227,600 13,866 Totals:l 842,000 $4,362,100 $11,050,700 $15,412,800 DUI c nunui UI ucPdnu niay aNNeai ni uic IULa uun w iuunuuig. City of Rohnert Park 2024 Sewer Rate Stu Table 8: Fixed Monthly Service Charges Single Family (per account) $17.43 3/4" meter $45.45 1" meter $75.75 1 1/2" meter $151.50 2" meter $242.40 3" meter $454.50 4" meter $757.50 6" meter $1,515.00 8" meter $2,424.00 Conclusion City of Rohnert Park 2024 Sewer Rate Study Conclusion 3.4.4 PROPOSED RATES Table 9 summarizes the proposed wastewater rate schedule for the next five years starting on July 1, 2024. The proposed wastewater rates will increase annually in accordance with the percent increases presented in Table 9 (as explained in Section 2.2) to continue to meet service and financial obligations. Table 9: 5-Year Schedule of Proposed Sewer Rates Effective Date Oct 1, 20241 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028 Residential All residential Z Non -Residential Low Strength Medium Strength High Strength Single Family Account SF Sewer Only Flat Rate Non -Residential & Multi -Family Up to 3/4" 1" meter 1.5" meter 2" meter 3" meter 4" meter 6" meter 8" meter $0.01268 $0.01357 $0.01452 $0.01525 $0.01601 $0.01325 $0.01418 $0.01517 $0.01593 $0.01673 $0.01780 $0.01905 $0.02038 $0.02140 $0.02247 $0.02688 $0.02876 $0.03077 $0.03231 $0.03393 $17.43 $18.65 $19.96 $20.95 $22.00 $60.09 $64.31 $68.81 $72.26 $75.87 $45.45 $48.63 $52.04 $54.64 $57.37 $75.75 $81.05 $86.73 $91.06 $95.62 $151.50 $162.11 $173.45 $182.12 $191.23 $242.40 $259.37 $277.52 $291.40 $305.97 $454.50 $486.32 $520.36 $546.37 $573.69 $757.50 $810.53 $867.26 $910.62 $956.16 $1,515.00 $1,621.05 $1,734.52 $1,821.25 $1,912.31 $2,424.00 $2,593.68 $2,775.24 $2,914.00 $3,059.70 1The rates in the first year include structural changes due to the cost -of -service update. While the overall rate revenue received by the City will increase by 7.0 percent, the individual components of the rates have changed by different percentages. z Individual dwelling units with individual City -owned meters shall be categorized as single family residential customers. Multi -family units with master meters shall be charged as multi -family residential. As is currently the City's policy, the flow charge for non-residential customers is assessed based on actual monthly water usage and the flow charge for residential customers is based on the lesser of (1) the previous average winter water usage or (2) the actual water usage for that month. City of Rohnert Park 2024 Sewer Rate Stu Section 4. CONCLUSION Conclusion This Study used methodologies that are aligned with industry standard practices for rate setting as promulgated by WEF, AWWA and all applicable laws, including California's Proposition 218. The proposed wastewater rates reflect the cost of providing wastewater service to customers reflect a proportionate distribution of costs among customers and customer classes. The proposed annual adjustments to the rates will allow the City to continue to provide reliable sewer service to customers while meeting the state's mandates. The sewer rates will need to be adopted in accordance with Proposition 218, which will require a detailed notice describing the proposed rates to be mailed to each affected property owner or customer at least 45 days prior to conducting a public hearing to adopt the rates. City of Rohnert Park 2024 Sewer Rate Sty SCHEDULES Schedule 1 - Budgeted and Projected Cash Outflows Schedule 2 - 5-Year Capital Spending Plan Schedule 3 - Cash Flow Pro Forma Schedules City of Rohnert Park 2024 Sewer Rate Stu Schedules Budgeted and Projected Operating Expenses Schedule 1 a12UZ41 5 ai ZO25/26•ir41Yb/27 IFT21327128 af212:/25 `421291311i a'21t311/31 F f2T3 /32 fZixYJK%i• `1443313 PERSONNEL SERVICES 1 Salaries & Wages $1,477,100 $1,536,200 $1,597,600 $1,661,500 $1,728,000 $1,797,100 $1,869,000 $1,943,800 $2,021,500 $2,102,400 2 Supplemental Earnings $11,900 $12,400 $12,900 $13,400 $13,900 $14,500 $15,100 $15,700 $16,300 $16,900 3 Annual Admin Pay $4,800 $5,000 $5,200 $5,400 $5,700 $5,900 $6,100 $6,400 $6,600 $6,900 4 Stipend Pay $10,000 $10,400 $10,800 $11,300 $11,700 $12,200 $12,700 $13,200 $13,700 $14,300 5 Stand -By Weekends $2,100 $2,200 $2,300 $2,400 $2,500 $2,600 $2,700 $2,800 $2,900 $3,000 6 Overtime $21,300 $22,100 $23,000 $23,900 $24,900 $25,900 $26,900 $28,000 $29,100 $30,300 7 Medicare $21,200 $22,000 $22,900 $23,800 $24,800 $25,700 $26,800 $27,800 $29,000 $30,100 8 Medical Benefits $202,800 $210,900 $219,300 $228,100 $237,200 $246,700 $256,600 $266,800 $277,500 $288,600 9 Vision Benefits $2,100 $2,100 $2,200 $2,300 $2,400 $2,500 $2,600 $2,700 $2,800 $2,900 10 Life Insurance $3,800 $4,000 $4,100 $4,300 $4,500 $4,700 $4,800 $5,000 $5,200 $5,500 11 Dental Benefits $12,700 $13,200 $13,700 $14,300 $14,800 $15,400 $16,100 $16,700 $17,400 $18,100 12 EAP Expense $500 $500 $600 $600 $600 $600 $700 $700 $700 $700 13 Long Term Disability $7,800 $8,100 $8,400 $8,700 $9,100 $9,400 $9,800 $10,200 $10,600 $11,000 14 Short Term Disability $4,300 $4,500 $4,700 $4,900 $5,100 $5,300 $5,500 $5,700 $5,900 $6,200 15 PERS Employer $174,400 $181,300 $188,600 $196,100 $204,000 $212,100 $220,600 $229,400 $238,600 $248,200 16 RHSA Plan $13,200 $13,700 $14,300 $14,900 $15,500 $16,100 $16,700 $17,400 $18,100 $18,800 17 Workers Comp $47,400 $49,300 $51,300 $53,300 $55,500 $57,700 $60,000 $62,400 $64,900 $67,500 SERVICES AND SUPPLIES 18 Postage & Shipping $36,100 $37,100 $38,200 $39,400 $40,600 $41,800 $43,000 $44,300 $45,700 $47,000 19 Office Supplies $2,100 $2,100 $2,200 $2,300 $2,300 $2,400 $2,500 $2,500 $2,600 $2,700 20 Software License & Maint $39,900 $41,100 $42,300 $43,600 $44,900 $46,300 $47,700 $49,100 $50,600 $52,100 21 Liability Ins Premium $52,700 $55,300 $58,100 $61,000 $64,100 $67,300 $70,600 $74,200 $77,900 $81,800 22 Equip Rentals $7,700 $8,000 $8,200 $8,400 $8,700 $9,000 $9,200 $9,500 $9,800 $10,100 23 Equip Lease $1,200 $1,300 $1,300 $1,400 $1,400 $1,400 $1,500 $1,500 $1,600 $1,600 24 Uniform Purchase $8,100 $8,400 $8,600 $8,900 $9,200 $9,400 $9,700 $10,000 $10,300 $10,600 25 Dues & Subscription $2,600 $2,700 $2,700 $2,800 $2,900 $3,000 $3,100 $3,200 $3,300 $3,400 26 Special Department Expense $64,400 $66,300 $68,300 $70,300 $72,500 $74,600 $76,900 $79,200 $81,500 $84,000 27 System Repairs $30,900 $31,800 $32,800 $33,800 $34,800 $35,800 $36,900 $38,000 $39,100 $40,300 28 Water Conservation Measures $25,800 $26,500 $27,300 $28,100 $29,000 $29,900 $30,700 $31,700 $32,600 $33,600 29 License & Permit Fees $20,600 $21,200 $21,900 $22,500 $23,200 $23,900 $24,600 $25,300 $26,100 $26,900 30 Training & Travel $16,500 $17,000 $17,500 $18,000 $18,500 $19,100 $19,700 $20,300 $20,900 $21,500 31 Contract Services $300,000 $309,000 $318,300 $327,800 $337,700 $347,800 $358,200 $369,000 $380,000 $391,400 32 Legal Svcs $10,300 $10,600 $10,900 $11,300 $11,600 $11,900 $12,300 $12,700 $13,000 $13,400 33 IT Services $54,700 $56,300 $58,000 $59,800 $61,600 $63,400 $65,300 $67,300 $69,300 $71,400 34 Auto Ins $4,400 $4,600 $4,800 $5,100 $5,300 $5,600 $5,900 $6,200 $6,500 $6,800 35 Fleet Services $27,300 $28,100 $29,000 $29,800 $30,700 $31,600 $32,600 $33,600 $34,600 $35,600 36 Vehicle Rep & Maint $3,900 $4,000 $4,200 $4,300 $4,400 $4,500 $4,700 $4,800 $5,000 $5,100 37 Gas and Oil $26,800 $27,600 $28,400 $29,300 $30,100 $31,000 $32,000 $32,900 $33,900 $34,900 38 Vehicle Replacement Charge $117,400 $120,900 $124,600 $128,300 $132,200 $136,100 $140,200 $144,400 $148,800 $153,200 39 Property Ins Premium $24,500 $25,200 $26,000 $26,800 $27,600 $28,400 $29,300 $30,100 $31,100 $32,000 40 Repair & Maintenance $87,600 $90,200 $92,900 $95,700 $98,500 $101,500 $104,500 $107,700 $110,900 $114,200 41 Communications $7,500 $7,700 $8,000 $8,200 $8,500 $8,700 $9,000 $9,200 $9,500 $9,800 42 Utility Expense- Electric $152,300 $159,900 $167,900 $176,200 $185,100 $194,300 $204,000 $214,200 $224,900 $236,200 43 Cost Allocation Plan Expense $340,000 $350,200 $360,700 $371,500 $382,700 $394,200 $406,000 $418,200 $430,700 $443,600 44 Luguna Plant & SubRegional Exp $12,569,000 $12,844,400 $13,420,200 $14,015,400 $14,631,000 $15,069,900 $15,522,000 $15,987,600 $16,467,300 $16,961,300 45 Total Operating Expenses $16,173,700 $16,580,400 $17,294,200 $18,032,200 $18,796,300 $19,387,200 $19,999,800 $20,631,400 $21,281,300 $21,953,900 S1 City of Rohnert Park 2024 Sewer Rate Stu Schedules Capital Spending Plan Schedule 2 1 WW-34 Utilities Office (Sewer Portion) aTZI Z4 $200,000 aTr IZb $3,608,000 aZIr l5 ar!tr77 aZIZ: arniz:>•af Zt6i Ff Mi FT ZIR 2 WW-35 2019 Incerceptor Outfill- Phase 2 $79,000 $79,000 3 WW-48 Pump Station Mechanical $139,000 $310,000 4 Pump Station Replacement Projects $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 5 1/1 Reduction manholes $75,000 6 1/1 Reduction Basin 4 $4,924,000 7 1/1 Reduction Basin 5 $557,000 $1,773,000 $1,861,000 8 1/1 Reduction Basin 11 $536,000 $1,705,000 9 1/1 Reduction Basin 13 (H Section) $538,000 $2,177,000 $2,286,000 10 Incr. Capacity Basin 5&6 $168,000 $144,000 11 Incr. Capacity Basin 5&6 $2,000 $243,000 $3,267,000 12 WW-39 Station #2 Motor Replacement $101,000 13 Rehab/Replace Pump Station 2 $350,000 $1,297,000 14 Forcemain Rehab Ph. 3 $304,000 $1,665,000 15 WW-52 Siphon Digesters $60,000 16 Meter replacement program (sewer portion) $263,000 $276,000 $289,000 $304,000 $319,000 $335,000 $352,000 $369,000 17 1 & I Study 18 Sewer Master Plan Update $1,158,000 $289.000 Total: $5,862,000 $6,684,000 $3,743,000 $2,711,000 $2,277,000 $2,918,000 $2,712,000 $3,374,000 $3,721,000 S2 City of Rohnert Park 2024 Sewer Rate Studv Schedules Cash Flow Proforma Budget FY 2024 Forecast FY2025 Forecast FY2026 Forecast FY2027 Forecast FY2028 Forecast FY2029 Forecast FY2030 Forecast FY2031 Forecast FY2032 Forecast FY2033 Schedule 3 Forecast FY2034 1 Rate Revenue Increase: 7.00% 7.00% 7.00% 5.00% 5.00% 3.00% 3.00% 3.00% 3.00% 3.00% Rate Revenue 2 Utility Rate Revenue $14,404,000 $14,404,000 $15,556,000 $16,801,000 $18,145,000 $19,233,000 $20,387,000 $21,203,000 $22,051,000 $22,934,000 $23,851,000 3 Change due to growth & use $144,000 $156,000 $168,000 $181,000 $192,000 $204,000 $212,000 $221,000 $229,000 $239,000 4 Increase due to rate adjustments $1,008,000 $1,089,000 $1,176,000 $907,000 $962,000 $612,000 $636,000 $662,000 $688,000 $716,000 Non -Rate Revenues 5 Interest Earnings $169,200 $54,000 $35,000 $29,000 $28,000 $31,000 $33,000 $37,000 $40,000 $42,000 $49,000 6 Operating Revenue $93,000 $63,000 $63,000 $63,000 $63,000 $63,000 $63,000 $63,000 $63,000 $63,000 $63,000 7 Graton Casino $1,309,000 $1,364,000 $1,423,000 $1,487,000 $1,535,000 $1,586,000 $1,618,000 $1,651,000 $1,684,000 $1,719,000 $1,755,000 7 Sonoma State Univ. $860,000 $907,000 $927,000 $969,000 $1,012,000 $1,056,000 $1,088,000 $1,120,000 $1,154,000 $1,189,000 $1,224,000 8 Total Revenue $16,835,200 $17,944,000 $19,249,000 $20,693,000 $21,871,000 $23,123,000 $24,005,000 $24,922,000 $25,875,000 $26,864,000 $27,897,000 9 Salaries $1,468,500 $1,527,300 $1,588,300 $1,651,900 $1,718,000 $1,786,700 $1,858,100 $1,932,500 $2,009,800 $2,090,200 $2,173,800 10 Benefits $471,200 $490,100 $509,700 $530,100 $551,300 $573,300 $596,300 $620,100 $644,900 $670,700 $697,500 11 Operational Expenses $465,200 $479,100 $493,500 $508,300 $523,500 $539,200 $555,400 $572,100 $589,200 $606,900 $625,100 12 Professional Services $435,600 $416,500 $429,000 $441,900 $455,100 $468,800 $482,800 $497,300 $512,200 $527,600 $543,400 13 Insurance $78,200 $81,600 $85,200 $88,900 $92,900 $97,000 $101,300 $105,800 $110,500 $115,400 $120,500 14 Utilities $148,000 $152,300 $159,900 $167,900 $176,200 $185,100 $194,300 $204,000 $214,200 $224,900 $236,200 15 Cost Allocation $304,700 $340,000 $350,200 $360,700 $371,500 $382,700 $394,200 $406,000 $418,200 $430,700 $443,600 16 Capital Outlay $114,000 $117,400 $120,900 $124,600 $128,300 $132,200 $136,100 $140,200 $144,400 $148,800 $153,200 17 Subregional & Laguna $12,600,000 $12,569,000 $12,844,400 $13,420,200 $14,015,400 $14,631,000 $15,069,900 $15,522,000 $15,987,600 $16,467,300 $16,961,300 18 Total Operating Expenses $16,085,400 $16,173,300 $16,581,100 $17,294,500 $18,032,200 $18,796,000 $19,388,400 $20,000,000 $20,631,000 $21,282,500 $21,954,600 Capital & Debt Expenses 19 Capital Spending $5,863,000 $6,684,000 $3,742,000 $2,711,000 $2,276,000 $2,919,000 $2,712,000 $3,374,000 $3,722,000 $3,000,000 $3,000,000 19 EAsting Debt $700,000 $700,000 $698,000 $696,000 $697,000 $698,000 $702,000 $694,000 $696,000 $698,000 $699,000 20 Total Capital and Debt Expenses $6,563,000 $7,384,000 $4,440,000 $3,407,000 $2,973,000 $3,617,000 $3,414,000 $4,068,000 $4,418,000 $3,698,000 $3,699,000 Transfers 21 Transfer Out of Sewer $63,000 $64,000 $68,000 $70,000 $75,000 $77,000 $79,000 $73,000 $76,000 $79,000 $68,000 22 Total Revenue Requirement $22,711,400 $23,621,300 $21,089,100 $20,771,500 $21,080,200 $22,490,000 $22,881,400 $24,141,000 $25,125,000 $25,059,500 $25,721,600 23 Beginning Year Balance $21,803,000 $15,926,800 ' $10,250,000 $8,409,900 $8,331,400 $9,122,200 $9,755,200 $10,878,800 $11,659,800 $12,409,800 $14,214,300 24 Surplus/(Shortfall) ($5,876,200) ($5,677,300) ($1,840,100) ($78,500) $790,800 $633,000 $1,123,600 $781,000 $750,000 $1,804,500 $2,175,400 25 End of Year Balance $15,926,800 $10,249,500 $8,409,900 $8,331,400 $9,122,200 $9,755,200 $10,878,800 $11,659,800 $12,409,800 $14,214,300 $16,389,700 26 Combined Reserve Target $9,587,000 $9,587,000 $9,791,000 $10,147,000 $10,516,000 $10,898,000 $11,194,000 $11,500,000 $11,816,000 $12,141,000 $12,477,000 Debt Coverage Calculations 27 Revenue Available for Debt Service $749,800 $1,770,700 $2,667,900 $3,398,500 $3,838,800 $4,327,000 $4,616,600 $4,922,000 $5,244,000 $5,581,500 $5,942,400 28 Total Yearly Parity Debt Payment $700,000 $700,000 $698,000 $696,000 $697,000 $698,000 $702,000 $694,000 $696,000 $698,000 $699,000 29 Debt Coverage Ratio 1.07 2.53 3.82 4.88 5.51 6.20 6.58 7.09 7.53 8.00 8.50 S3 - NOTICE OF PUBLIC HEARING ON PROPOSED NEW/INCREASED SEWER RATES WHERE: Rohnert Park City Hall — Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, September 24, 2024, at 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To receive public comment on a proposal for the City Council to consider adopting new/increased sewer rates in the City Council Chamber at City Hall, 130 Avram Avenue, Rohnert Park. At the public hearing, the City Council will accept oral and written testimony, as well as written protests, regarding the sewer rates. Why am I Receiving this Notice? You are receiving this notice because our records indicate that you are listed as an account holder and/or as the owner of a parcel receiving sewer service from the City of Rohnert Park (City). The purpose of this notice is to give you information about proposed new/increased sewer rates and how you can participate in the rate -setting process. Rate History The City of Rohnert Park works to ensure that residents and businesses receive safe, and reliable sewer service, and that the City's sewer system is maintained to all required standards in order to protect our community's health and safety, as well as the environment. City ratepayers also pay for the costs of wastewater treatment and disposal as incurred by the Santa Rosa Subregional Water Reuse System (subregional system). The City last adjusted sewer rates in June 2020. Although the City documented increased costs of operations that would have justified 3 percent increases in 2021 or 2022, those rate increases were deferred and not implemented by the City due to the Covid pandemic. At present, sewer system capital improvement needs are not adequately funded relative to the utility's long-term rehabilitation and replacement needs. When revenues fall short of expectations, it is not uncommon for capital projects to be deferred. Rate Methodology and Proposed New Sewer Rates In May 2024, the City completed a comprehensive study to prepare a 10-year financial plan and develop sewer rates for the next five years. The financial plan reflects the sewer utility's operation and maintenance costs, subregional wastewater treatment costs, debt service obligations, and capital program needs with consideration of financial reserves. Sewer rates were then calculated by proportionately allocating the costs of providing service to all customers on the basis of capacity requirements, system use, and wastewater loading characteristics. The proposed new sewer rates include: (1) adjusting current sewer rates by 7.0 percent annually for the next three years and then 5.0 percent annually for the following two years. 1 The table below presents the proposed sewer rates for the next five years. Effective Date Sept 1, 20241 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028 Residential All residential Z Non -Residential Low Strength Medium Strength High Strength Single Family Account SF Sewer Only Flat Rate Non -Residential & Multi -Family Up to 3/4" 1" meter 1.5" meter 2" meter 3" meter 4" meter 6" meter 8" meter $0.01268 $0.01357 $0.01452 $0.01525 $0.01601 $0.01325 $0.01418 $0.01517 $0.01593 $0.01673 $0.01780 $0.01905 $0.02038 $0.02140 $0.02247 $0.02688 $0.02876 $0.03077 $0.03231 $0.03393 $17.43 $18.65 $19.96 $20.95 $22.00 $60.09 $64.31 $68.81 $72.26 $75.87 $45.45 $48.63 $52.04 $54.64 $57.37 $75.75 $81.05 $86.73 $91.06 $95.62 $151.50 $162.11 $173.45 $182.12 $191.23 $242.40 $259.37 $277.52 $291.40 $305.97 $454.50 $486.32 $520.36 $546.37 $573.69 $757.50 $810.53 $867.26 $910.62 $956.16 $1,515.00 $1,621.05 $1,734.52 $1,821.25 $1,912.31 $2,424.00 $2,593.68 $2,775.24 $2,914.00 $3,059.70 1The rates in the first year include structural changes due to the cost -of -service update. While the overall rate revenue received by the City will increase by 7.0 percent, the individual components of the rates have changed by different percentages. Z Individual dwelling units with individual City -owned meters shall be categorized as single family residential customers. Multi -family units with master meters shall be charged as multi -family residential. Additional information on the proposed new sewer rates is available in the City of Rohnert Park, 2024 Sewer Rate Study - Final Report available online at www.rpcitrg. How Much Will My Sewer Bill Be? Monthly sewer bills vary for each customer depending on the customer classification (single family, multi -family, or non-residential), the size of the water meter, and the amount of sewer flow generated. For residential customers sewer flow is estimated to be the lesser of actual monthly water usage for the billing period or the average usage during the prior December -February period (winter average). For non-residential accounts, sewer flow is estimated to be equal to monthly water usage. As an example, for a typical single family residential customer, with a winter average usage of 4,000 gallons, the sewer bill calculation for the adjusted rate effective October 1, 2024, would be (4,000 x $0.01268) + $17.43 = $68.15. A typical single family sewer bill will increase as indicated in the table below. 2 City of Rohnert Park - Sewer Utility Monthly Sewer Bills for a Typical Single Family Customer' Current Oct. 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028 Monthly Bill: $63.39 $68.15 $72.93 $78.04 $81.95 $86.04 Change from prior year: $4.76 $4.78 $5.11 $3.91 $4.09 GnntnntAc- 1 Based on average winter water usage of 4,000 gallons per month You can find more information about your sewer service and usage patterns from your past sewer bills. If you would like assistance in determining how the proposed sewer rates may affect your sewer bill, please contact a Customer Service Representative at (707) 585-6750 Monday through Friday from 8:00 A.M. to 5:00 P.M. How Will Our Sewer Rates Compare with Other Communities in the Area? A typical monthly sewer bill for residential customers in Rohnert Park is currently lower than sewer bills with comparable usage in most neighboring communities. Even with the proposed rate adjustment the monthly sewer bills for a typical single family residential customer will be lower than all but one neighboring community. The typical sewer bill for a single-family customer in Rohnert Park is compared with sewer bills based on current sewer rates of neighboring communities in the table below. $0.00 $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 $140.00 $160.00 City of St. Helena City of Healdsburg Town of Windsor Sonoma Valley County Sanitation District City of Santa Rosa City of Calistoga City of Petaluma City of Vallejo City of Cloverdale City of Sebastopol City of Ukiah Rohnert Park (Proposed Year 1) City of Cotati Rohnert Park (current] How Do I Protest? Proposition 218 allows the owner of record of a parcel that receives sewer service to submit a written protest at or before the close of the September 24, 2024, Public Hearing. 3 If the person signing the protest is not listed as the owner on the last equalized assessment roll for Sonoma County, the protest must be accompanied by written evidence that the signer owns the property. In rental situations, if a tenant is the utility account holder for sewer service, the tenant also has the right to submit a written protest for the property. Only one protest per parcel will be counted. If valid protests are filed on behalf of a majority of the parcels that receive sewer service, the new/increased sewer rates will not be adopted. All Protests Must: 1. Be in writing with an original signature from the property owner of record or tenant directly liable for the payment of the fee/account holder. 2. Identify the parcel for which the protest is filed, by street address or Assessor's Parcel Number (APN). 3. State that the signer opposes the proposed sewer rates. 4. Be received at City Hall at or before the close of the public hearing that will begin at 6:00 p.m. on September 24, 2024 at Rohnert Park City Hall — Council Chamber, 130 Avram Avenue, Rohnert Park, California. A protest may be: (a) mailed to the City Clerk at 130 Avram Avenue, Rohnert Park, CA 94928; or (b) delivered to the same address during regular business hours, Monday through Friday from 8:00 A.M. to 5:00 P.M; or (c) delivered to the Rohnert Park City Hall Council Chamber so that it is received by the City Clerk at or before the close of the public hearing. Email, fax, or telephone, and oral protests of any kind will not be counted. Mailed protests received after the close of the public hearing will not be counted, even if they were postmarked earlier. If you have a disability, which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588- 2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make sure the City Clerk's Office is notified as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.). Please be advised that pursuant to Government Code Section 53759(d) there is a 120-day statute of limitation for any challenge to the new, increased or extended fee or charge. Questions? For more information or to ask questions, please call (707) 585-6750 Monday through Friday from 8:00 A.M. to 5:00 P.M or visit www.rpcity.org. 4 Attachment 3 RESOLUTION NO.2011-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING PROCEDURES FOR THE CONDUCT OF PROTEST HEARINGS PURSUANT TO PROPOSITION 218 FOR NEW OR INCREASED PROPERTY - RELATED FEES AND CHARGES WHEREAS, Article XIII D of the CaliforniaConstitutionrequires that cities meet certain procedural and substantive requirements when adopting a new or increased property - related fees or charges, and the Proposition 218 Omnibus Implementation Act (Government Code §53750 and following), as amended, provides additional guidance as to the procedures to be followed; and WHEREAS, in order to comply with those procedures and conduct fair and accurate protest hearings, the City Council wishes to adopt local procedures; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: Section 1. The City Council hereby approves the "Procedures for Conducting Protest Hearings for Proposed New or Increased Property -Related Fees and Charges" as set forth in Exhibit "A" attached to this resolution and a part of it. Section 2. The City Council hereby declares its intent, in adopting this resolution, to adopt procedures that are consistent with, and in compliance with, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act. Section 3. The City Council finds that this project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15273 of the CEQA Guidelines. DULY AND REGULARLY ADOPTED this 22°d day of March, 2011. 4p8Naxr Pggk ATTEST: r CITY OF HN i T PARK _ 39 - - 62 ity Clerk ^L N'P Mayor AHANOTU: AYE CALLINA N: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) OAK #4832-9711-3608 v6 Procedures for Conducting Protest Hearings for Proposed New or Increased Property -Related Fees and Charges Exhibit "A" OAK #4832-9711-3608 v6 City of Rohnert Park Procedures for Conducting Protest Hearings For Proposed New or Increased Property -Related Fees and Charges A. Definitions. 1. "Fee" or "rates" shall mean a property -related fee or charge subject to the requirements of Article XIII D §6 of the California Constitution 2. "Increase" shall mean a change in an existing property -related fee or charge that is subject to the majority protest hearing requirements of Article XIII D § 6. 3. "Public hearing" shall mean the noticed public hearing at which protests will be received. 4. "Tenant" means a real property tenant directly liable for the payment of the fee under consideration. B. Creation of Master Mailing List. 1. The City shall prepare, or cause to be prepared, a Master Mailing List indentifying each property that would be subject to the proposed new or increased fee. 2. The Master Mailing List may be based upon the City's account holder records if the City is currently providing a property -related service. to the address. The list shall be updated no more than 30 business days before the date that notices are to be mailed. The Master Mailing List may also be based upon information in the last equalized secured tax assessment roll. C. Notice; Right to be Heard. If the Master Mailing List is created from the City's property -related service accounts, notice shall be sent to the customary billing address for each and every account listed as authorized by Government Code §53755. The notice Exhibit "A" Page 1 OAK #4832-9711-3608 v6 may be addressed to "Record Owner/ Service Account Holder." 2. Notice shall be sent via the United States Postal Service, postage prepaid, at least forty-five (45) days before the date set for the public hearing on the new or increased fee. 3. The City Clerk may post a copy of the notice on the City's website. 4. The notice shall contain the information required by Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act, that is: a. the amount of the new or increased fee proposed to be imposed; b. the basis upon which the fee is calculated; c. the reason for the fee; d. the date, time and place of public hearing on the proposed fee, and such other information as the City shall determine is useful to those receiving it. 5. As provided in Government Code § 53756, the notice provided by these procedures shall supersede and be in lieu of notice required by any other statutes to levy the new or increased fees. 6. The City Clerk, or someone delegated by the City Clerk, may certify the proper mailing of notices by an affidavit, which shall constitute conclusive proof of mailing in the absence of fraud. 7. Failure of any person to receive notice shall not invalidate the proceedings. C. Persons Eligible to File Protests; Right to Be Heard. 1. Members of the public are entitled to make comments at the public hearing whether or not they choose to submit a written protest. Exhibit "A" Page 2 OAK #4832-9711-3608 v6 2. Property owners of record are eligible to file protests. The last assessment roll of the Sonoma County Recorder is presumptive evidence of ownership of the parcel for the purposes of filing a property -owner protest. If a person filing a property -owner protest is not listed as the owner on the last equalized assessment roll, the protest must be accompanied by written proof that the person signing is the owner of record. 3. When a parcel is. held as community property, or in joint tenancy, or tenancy -in -common, or by a trust, any spouse or domestic partner, joint tenant, tenant -in -common, or trustee shall be presumed to have authority to file a record -owner protest on behalf of that parcel. 4. Executors, administrators, and guardians may sign the property -owner protest on behalf of the estate represented: by them, if they are shown on the latest assessment roll as paying taxes or assessments on behalf of the property owners. If not, written proof of the legal representation must be filed with the protest. Any one executor, administrator, or guardian is presumed to have authority to file a property -owner protest on behalf of such property. 5. The protest of any public or quasi -public corporation, private corporation, or any unincorporated association may be signed by any person authorized to do so in writing by the board of directors or trustees or any other managing body of it. 6. Tenants who are directly liable for the payment of the fee are eligible to file a tenant protest. A tenant listed as an account holder for the service for which the new or increased fee is proposed is presumed to be eligible to file a protest. If the City service account holder listed on the Master Mailing List has closed his or her account and a new person has qualified with the City as the account holder prior to the commencement of the Public Hearing, the new account holder may file a protest. 7. In any case where the documentation provided to the City Clerk in . accordance with this Section C is ambiguous or unclear, the City Attorney Exhibit "A" Page 3 OAK #4832-9711-3608 v6 shall determine whether the documentation is adequate for the purpose provided. D. Making and Counting Protests. 1. Any eligible record property owner or tenant may submit a written protest against the new or increased fee before or during the public hearing to the City Clerk. 2. Protests must: a. Be in writing with the original signature from the property owner of record or tenant. b. Identify the parcel for which the protest is being made, by address or Assessor's Parcel Number (APN). c. State that the signer opposes the new or increased fee. d. Be received at City Hall before or during the public hearing. 3. Protests delivered before the public hearing shall be hand delivered during normal business hours, or mailed, to the City Clerk at 130 Avram Avenue, Rohnert Park, California 94928. 4. Protests submitted by email, fax, or telephone, and oral protests of any kind will not be considered by the City in determining whether a majority of the owners of identified parcels have submitted protests. 5. All written protests must be submitted and received by the City Clerk before the conclusion of the public hearing. The City Clerk shall not accept any protest that is received after the conclusion of the public hearing even if postmarked before that time. 6. Any person who submits a written protest may withdraw it by submitting a request that it be withdrawn before or during the public hearing in the same manner as a protest can be made. The written withdrawal of a protest shall identify the parcel by assessor's parcel number or street address and shall identify the person withdrawing the protest as either the record owner of the Exhibit "A" Page 4 OAK #4832-9711-3608 v6 property or the tenant. The withdrawal of a protest shall only be valid if it is made by the same person who submitted the protest, or by a person with legal authority to act for that person. 7. No more than one protest shall be counted per parcel. E. Tabulation of Protests. 1. The City Clerk shall take custody of written protests which shall remain confidential until after the close of the public hearing. From and after the time they are tabulated after the conclusion of the public hearing, the written protests shall constitute public records as defined in. Government Code § 6524. The City Clerk shall establish appropriate safeguards to ensure that protests are secure and not available for examination prior to the conclusion of the public hearing. Once the protests become public records, the identities of those making protests shall be public. 2. The City Clerk shall determine the validity of all protests. The City Clerk shall not accept as valid any protest if the City Clerk determines any of the following: a. The protest does not identify a parcel which is subject to the new fee, either by street address or parcel number. b. The protest does not bear an original signature of the person submitting the protest. c. The person signing the protest is not eligible to do so under the rules set forth in Section C above. d. The protest does not state its opposition to the new or increased fee. e. The protest was not received by the City Clerk before the close of the public hearing. f. A valid request to withdraw the protest is received before the close of the public hearing. 3. The City Clerk's decision regarding the validity of a protest shall constitute a final action of the City and shall not be subject to the appeal to the City Council or to any other board or employee of the City. Exhibit "A" Page 5 OAK #4832-971 I-3608 v6 4. The City shall prepare, or cause to be prepared, a Master Parcel List identifying each parcel subject to the new or increased fee. A majority protest exists if, with respect to a majority of the parcels subject to the new or increased fee, written .protests which comply with each of the requirements of this resolution are timely submitted and not withdrawn. 5. The City Clerk shall begin tabulating written protests within twenty-four business hours following the close of the public hearing. The City Manager may retain a private firm with demonstrated experience in tabulating written protests to assist the City Clerk. If, at the conclusion of the public hearing, a cursory review of the protests demonstrates that the number received is manifestly less than one-half of the parcels that would be subject to the new or increased fee, then the City Clerk may advise the City Council of the absence of a majority protest without tabulating the protests. Exhibit "A" Page 6 OAK 44832-9711-3608 v6 96hnMt (Pdkk 2024 Sewer Rate Study Final Findings July 23, 2024 III Agenda 1. Utility Rate Setting 101 2. Sewer Enterprise Financial Plan 3. Cost of Service /Rate Design 4. Project Schedule 2 Monthly Sewer Bill Comparisons Single Family Homes with Average Water Usage (4.4 TGAL winter) $0.00 City of St. Helena City of Healdsburg Town of Windsor Sonoma Valley County Sanitation District City of Santa Rosa City of Calistoga City of Petaluma City of Vallejo City of Cloverdale City of Sebastopol City of Ukiah Rohnert Park (Proposed Year 11) City of Cotati Rohnert Park (current) $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 $140.00 $160.00 Fixed (Service Charge) Usage 3 The Rate Setting Process a a Compares the revenues of the utility to its expenses to determine the overall level of rate adjustment Equitably allocates the revenue requirements between the various customer classes of service Design rates for each class of service to meet the revenue needs of the utility, along with any other rate design goals and objectives Cl. Legal Requirements for Setting Water Rates In California Proposition 218 (Article MID, Section 6 of California Constitution) • Revenues shall not exceed funds required to provide service; nor used for another purpose • Amount shall not exceed the proportional cost of the service attributable to the parcel • Service must be actually used or immediately available • Approval process includes 45-day notice, public hearing, and written majority protest. Does not require a voting process (unlike taxes). 5 Schematic of Sewer Utility Fund/Reserve Structure Other Operating Revenue 00 Interest Earnings I Debt Prooeeds (when applicable) I Severer Utility Fund (Fund 3420) Sewer CIP Fund (Fund 74 0) Operations & Maintenance * It is assumed that the Capital Preservation Fund ( 4 5) will be eliminated going forward debt Service Repair and Rehabilitation Capital Project 2 Reserve Policies The following are established City reserve policies. In addition to protecting the City against unforeseen circumstances, these policies also contribute towards the City's credit rating. Operating Reserve: 50% of 0&M budget ($8.0 million target) Rate Stabilization Reserve: • Target balances of $1.5 million. The Rate Stabilization Reserves may fluctuate above and below the $1.5 million target balances. Proposed Minimum Reserve: 4 months of O&M budget ($5.3 million) 7 Revenue FY2022/23 Actuals Utility Rate Revenue $14,404,000 Contract Rates $2,182,000 Non -Rate Revenue Interest Earnings $340,000 Operating Revenue $182,000 Total: $17,108,000 Interest Earnings 2.0% Contract Rate,, 12.8 Operating Revenue 1.1% Operating and Debt Expenses FY2022/23 Actuals Salaries Salaries $799,000 5.4%� Benefits $261,000 Debt Service Operational Expenses $431,000 4.7/ � Professional Services $164,000 Insurance $90,000 Utilities $183,000 Ir Cost Allocation $945,000 Capital Outlay $142,000 Subregional & Laguna $11,112,000 Debt Service $700,000 Total Budget: $14,827,000 * Operational Benefits Expenses A AA/ Subregional & Laguna 74.9 Professional Services 1.1% isurance 0.6% —Utilities 1.2% Cost Allocation 6.4% Capital Outlay 1.0% * Does not include capital spending 9 Capital Projects Large Projects in next 2 Years $5.OM: Inflow & Infiltration Reduction B-Section (per Master Plan) $3.8M: Utilities Operations Building (sewer's portion, has been deferred in the past) $1.6M: Rehabilitation of Pump Station 2 Other Projects (I 0-Year Plan - Interceptor Outfall Phase 2 - Pump Station mechanical repair - Pump Station replacements - Inflow & Infiltration Projects - Manholes and Basins 5, 11, 13 - Forcemain Rehabilitation - Meter replacement program sewer portion 10 Projected Capital Spending $$ ■ Actuals ■Planned $7 $fi c$5 c $4 $3 $z $1 $0 ` ' O 4 ' e e e e �Cxl� Recent average Capital: Forecasted Average Rate -Funded Capital: $1.3M $3.6M 11 Rate Increase Drivers • Deferred Rate Increases - The 2018 Sewer Rate Study adopted rate increases through June 2022, however those rate increases stopped being implemented during Covid. Technically, the adopted rates are 6.1% higher than what is currently being charged. • Subregional Costs - (74% of operating budget) increased by 13%last year • Inflation -Cost inflation for all other expenses has been at historic highs over the past three years (17% increase in SF region CPI). • Capital Spending - See previous slide 12 Financial Forecast & Proposed Rate Revenue Increases $30 cn $25 m Ch r_ Q $20 x w $15 $10 d $5 0 ~ $0 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 $30 Projected Ending Fund Balance V) $20 Reserve Targets z J $so J_ $0 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY203! Proposed Rate Schedule Projected Increases (TBD) Rate Revenue Increase: 7.0% 7.0% 7.0% 5.0% 5.0% 3.0% 3.0% 3.0% 3.0% 3.0% Debt Coverage Ratio: 2.67 3.92 4.96 5.59 6.29 6.67 7.20 7.65 8.12 8.64 I1111111111111 IDeb1 Servile :11111llllllllllll 13 Hypothetical Scenario: Rate revenue increases without deferred rate increases N Z O J J i $35 $30 $25 $20 $15 $10 $5 $0 $30 $20 $10 $0 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 Projected Ending Fund Balance Reserve Targets FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 FY2034 PFSP ate Schedule Projected Increases (TBD) Rate Revenue Increase. 4.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 3.0% 3.0% I�Deb1 $eiiiii ��IIIIIIIIIIIIIIII 14 Cost of Service and Rate Design 15 Current Rates Residential All residential Non -Residential Low Strength Medium Strength High Strength $0.01177 per gallon $0.01233 per gallon $0.01675 per gallon $0.02554 per gallon Single Family Account $10.31 $6.00 $16.31 Non -Residential & Multi -Family Up to 3/4" $31.24 $15.00 $46.24 1" meter $47.63 $25.00 $72.63 1.5" meter $88.20 $50.00 $138.20 2" meter $137.09 $80.00 $217.09 3" meter $251.25 $160.00 $411.25 4" meter $414.31 $250.00 $664.31 6" meter $821.55 $500.00 $1,321.55 8" meter $1,310.46 $800.00 $2,110.46 Approximately 72% of revenue Approximately 28% of revenue 16 Proposed Rate Structure Modification Combine the current fixed "Base Charge" and "Capital Preservation Charge" into a single monthly "Service Charge" a. The current Base Charge and the Capital Preservation Charge are both assessed based on the size of each account's meter b. A single charge will simplify customer bills c. The same recommendation was adopted for water rates in 2021 17 Primary Cost of Service Changes 1) Proposing an increase to fixed revenue to better match fixed costs 2) Subregional treatment costs have increase relatively more than other costs iv Current & Proposed Rates (with 7%increase) Residential Residential Non -Residential Low Strength Medium Strength High Strength Current $0.01177 $0.01233 $0.01675 $0.02554 Proposed Year 1 $0.01268 $0.01325 $0.01780 $0.02688 Change $0.00091 $0.00092 $0.00105 $0.00134 Single Family Account $16.31 $17.43 $1.12 SF Sewer Only Flat Rate $55.50 $60.09 $4.59 Non -Residential & Multi -Family Up to 3/4" $46.24 $45.45 -$0.79 1" meter $72.63 $75.75 $3.12 1.5" meter $138.20 $151.50 $13.30 2" meter $217.09 $242.40 $25.31 3" meter $411.25 $454.50 $43.25 4" meter $664.31 $757.50 $93.19 6" meter $1,321.55 $1,515.00 $193.45 8" meter $2,110.46 $2,424.00 $313.54 19 Bill Impact Analysis (Year 1 with 7%increase) Monthly Wastewater Current Proposed Change (TGAL) Bill Bill $ 0/0 Single Family Low Use 2.2 $42.20 $45.33 $3.12 7.4% Average Use 4.4 $68.10 $73.22 $5.12 7.5% High Use 8.8 $119.89 $129.01 $9.13 7.6% Multifamily Average 1" Meter 12.7 $222.11 $236.79 $14.68 6.6% Average 2" Meter 64.5 $976.26 $1,060.26 $84.01 8.6% Average 6" Meter 274.5 $4,552.42 $4,995.66 $443.25 9.7% Non -Residential Average 3/4" Meter, Low Strength 3.8 $93.09 $95.80 $2.71 2.9% Average 4" Meter, Low Strength 94.7 $1,831.96 $2,012.28 $180.31 9.8% Average 1" Meter, Medium Strength 15.5 $332.26 $351.65 $19.40 5.8% Average 2" Meter, Medium Strength 65.8 $1,319.24 $1,413.64 $94.40 7.2% Average 1" Meter, High Strength 11.3 $361.23 $379.49 $18.26 5.1% Average 2" Meter, High Strength 17.5 $664.04 $712.80 $48.76 7.3% * Results include the 7 percent Year 1 rate increases 20 5-Year Rate Schedule Residential All residential z Non -Residential Low Strength Medium Strength High Strength Sept 1, 20241 $0.01268 $0.01325 $0.01780 $0.02688 July 1, 2025 $0.01357 $0.01418 $0.01905 $0.02876 Effective Date July 1, 2026 $0.01452 $0.01517 $0.02038 $0.03077 July 1, 2027 $0.01525 $0.01593 $0.02140 $0.03231 July 1, 2028 $0.01601 $0.01673 $0.02247 $0.03393 Single Family Account $17.43 $18.65 $19.96 $20.95 $22.00 SF Sewer Only Flat Rate $60.09 $64.31 $68.81 $72.26 $75.87 Non -Residential & Multi -Family Up to 3/4" $45.45 $48.63 $52.04 $54.64 $57.37 1" meter $75.75 $81.05 $86.73 $91.06 $95.62 1.5" meter $151.50 $162.11 $173.45 $182.12 $191.23 2" meter $242.40 $259.37 $277.52 $291.40 $305.97 3" meter $454.50 $486.32 $520.36 $546.37 $573.69 4" meter $757.50 $810.53 $867.26 $910.62 $956.16 6" meter $1,515.00 $1,621.05 $1,734.52 $1,821.25 $1,912.31 8" meter $2,424.00 $2,593.68 $2,775.24 $2,914.00 $3,059.70 1The rates in the first year include structural changes due to the cost -of -service update. While the overall rate revenue received by the City will increase by 7.0 percent, the individual components of the rates have changed by different percentages. Z Individual dwelling units with individual City -owned meters shall be categorized as single family residential customers. Multi -family units with master meters shall be charged as multi -family residential. 21 Monthly Sewer Bill Comparisons Single Family Homes with Average Water Usage (4.4 TGAL winter) $0.00 City of St. Helena City of Healdsburg Town of Windsor Sonoma Valley County Sanitation District City of Santa Rosa City of Calistoga City of Petaluma City of Vallejo City of Cloverdale City of Sebastopol City of Ukiah Rohnert Park (Proposed Year 11) City of Cotati Rohnert Park (current) $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 $140.00 $160.00 Fixed (Service Charge) Usage 22 Next Steps • Mail Prop 218 Notifications • Conduct Public Hearing on September 24tn • Implement rates on October 1St, 2024 23 N F eT LI) �M1LIFARpti� ITEM NO. 8.13. Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Development Services Submitted By: Alicia Giudice, Development Services Director Prepared By: Mary Grace Pawson, Planning Manager Agenda Title: Consider Adopting a Resolution Adopting a Proposition 218 Ballot Procedures and a Resolution Declaring Intention to Form Landscape & Lighting District No. 2024-01 (Westside Services), Preliminarily Approving the Engineer's Report, Providing Notice Public Hearing and Ordering the Mailing of Assessment Ballots. RECOMMENDED ACTION: Adopt the following resolutions: 1. Resolution Adopting Proposition 218 Ballot Proceeding Procedures 2. Resolution Declaring Intention to Form Landscape & Lighting District No. 2024-01 (Westside Services), Preliminarily Approving the Engineer's Report, Providing Notice Public Hearing and Ordering the Mailing of Assessment Ballots BACKGROUND: The Landscape and Lighting Act of 1972 (Division 15, Part 2, beginning at Section 22500 of the Streets and Highways Code of the State of California- hereinafter the "Act"), is the statutory framework that provides the authority and describes the methodology that local agencies may use to form Landscape and Lighting Districts and levy special assessments on property within the districts. Under the Act, Landscape and Lighting Districts ("LLDs") may be used to fund the provision of certain authorized public improvements or services, including the purchase, construction, expansion, improvement, rehabilitation, or maintenance of public facilities. Under Articles XIIIC and XIIID of the California Constitution (Proposition 218) if there is a majority protest filed in writing by property owners in a proposed LLD, the City may not approve the LLD. On January 24, 2017, the City Council adopted Ordinance Number 903, approving a Development Agreement with Stadium RP Development Partners, LLC ("developer") for the Residences at Five Creek ("project"), a mixed -use project consisting of three main components: a hotel, a 135-unit multi- family residential development (commonly known as Adega I); and a commercial and retail development complex. The Development Agreement provided for a Public Service Payment to the City equal to the amount of eight hundred dollars per residential unit per year ($800.00/unit/year), subject to annual adjustment based on the San Francisco Bay Area Consumer Price Index (the "Public Service Payment" has escalated to $1,002.00 in Fiscal Year 2024-25). The Public Service Payment was calculated to fund the difference between the City's costs in providing public improvements and services to the residential component of the project, and the revenue generated by residential ITEM NO. 8.13. development (primarily property tax). While the calculated Public Service Payment does not cover 100% of the City's costs, it should be sufficient to avoid an additional demand on City's General Fund. On March 10, 2020, City Council adopted Ordinance No. 946 approving the first amendment to the Development Agreement, which provided for rezoning a portion of the site from commercial to residential to allow for the development of 74 additional multi -family residential units (commonly known as Adega II). Among other things, the first amendment to the Development Agreement requires the developer to implement the same public service payment provisions for the additional residential property. The Adega II development is in the process of being finalized and staff and the developer have determined that an LLD is the best vehicle for ensuring the developer can comply with the DA requirement to establish an ongoing funding mechanism to ensure the required "public services payment" can be made annually. On July 9, 2024, the City Council adopted a Resolution of Initiation, which formally began the process of forming an LLD and directed the preparation of an Engineer's Report. Staff is now requesting that the City Council take action to establish assessment balloting procedures for the LLD, preliminarily approve the Engineer's Report and start the assessment balloting process. ANALYSIS: Staff is requesting that the City Council adopt two resolutions that will support the assessment balloting process and the formation of the District. These are described below. Resolution Adopting Proposition 218 Balloting Process Procedures: As noted above, the formation of all LLDs is also subject to the requirements of Proposition 218. Proposition 218 provides property owners within the District with the right to vote to support or oppose the proposed assessments through a "majority protest" public hearing process. Votes are weighted by the value of the assessment (e.g., a larger assessment carries more weight). The City Council may approve the formation of an LLD as long as the majority of the ballots returned, and weighted by the value of the assessment, do not oppose the formation. In order to provide clarity and consistency for the process of preparing, mailing and tabulating the ballots, staff is proposing that the City adopt balloting procedures. These procedures describe: oo The contents of the required notice and ballot oo The process for mailing the ballots oo The process for owners to return to the ballots oo The process of tabulating the ballots, including the process to use when multiple owners choose to split their ballots. In this particular case, the District contains only one property and its owner is cooperating with the City to form the LLD and satisfy its DA. However, the recommended procedures will provide clarity for staff in the Development Services Department and City Clerk's office and provide a consistent framework for administering any future assessment ballot processes. Resolution Preliminarily Approving the Engineer's Report: The Engineer's Report contains all of the information about the improvements to be maintained, the cost of the maintenance work, the unique special benefit received by property in the District to be funded by assessment revenue, and any financial contributions that will be made from non -assessment revenue for "general benefits" to property outside the District. The Engineer's Report then uses this information to calculate the 2 ITEM NO. 8.13. assessment for each property in the LLD. The Engineer's Report has been prepared in in accordance with Article 4 of Chapter 1 of the Act and Proposition 218. The major findings are summarized below. Improvements to be Maintained: The improvements to be maintained with the assessments include the westside park, streetscape and sidewalk frontage adjacent to the Adega II development, the stormwater system serving the Adega II development, the streetlighting adjacent to the Adega II development and an allowance for reserves and District administration. Cost of the Maintenance Activities: The estimated cost of the maintenance activities is $133,623.00. The reserve allowance is $13,362.00. The annual administration activity which includes development of a budget, preparation of an annual report and coordination with County to place the assessment on the tax roll is $12,000.00 General Benefits from the Maintenance Activities: Because the Adega I development also benefits from the park improvements, it has a share of the benefits associated with the park improvements. The Engineer's Report calculates this benefit at $77,394.00. The Adega I development established the Westside CFD in 2019 as its vehicle for making the required public service payment that will provide its contribution. Because the public at large also receives some small benefit from the public park, the Engineer's Report calculates a contribution of $7,443.00 for this benefit. Special Benefits from the Maintenance Activities: The Engineer's Report defines the Special Benefits as follows: oo Creation of property for residential use that, in absence of the assessments, would not have been created oo Proximity to improved parks and landscapes oo Extension of the property's outdoor areas and green spaces for properties with close proximity to the improvements oo Improved safety and access from sidewalk and drainage facilities oo Improved visibility and safety from streetlights. The Engineer's Report calculates the value of the special benefits of the maintenance activity at $48,786.00. The district specific reserves and administration costs are also special benefits because the City would not incur these costs but for the benefitting property. Summary Budget° or the Proposed LLD: The budget for the proposed LLD is presented below and incudes the total maintenance and operation costs, the contributions for general benefits and the reserve and administration costs. ITEM NO. 8.13. Landscape & Lighting District 2024-01 (Westside Residential) Fiscal Year 2025-26 Budget Estimate Description Unit Unit Cost Quantity Total Park Maintenance Park & Streetscape Maintenace 3 person crew day* $ 1,680.00 30 days/year $ 50,400.00 Irrigation Water** LS $ 3,200.00 1 each $ 3,200.00 Mulch Replacement (2 years) LS $ 6,741.95 1 each $ 6,741.95 Bocce Court Material Replacement (2 years) LS $ 12,877.06 1 each $ 12,877.06 Planting Replacement (10 years) LS $ 7,119.50 1 each $ 7,119.50 Turf Replacement (10 years) LS $ 2,739.24 1 each $ 2,739.24 1 Playground Fall Material Replacement (5 years) LS $ 5,281.70 each $ 5,281.70 1 Playground Equipment Replacement (10 years) LS $ 1,404.57 each $ 1,404.57 Gazebo Structure Replacement (25 years) LS $ 2,043.01 1 each $ 2,043.01 Tables/Benches/ Bike Racks/Trash/Fence Replacement (15 years) LS $ 6,670.87 1 each $ 6,670.87 Drinking Fountain Replacement (5 years) LS $ 4,086.03 1 each $ 4,086.03 Underground Utilities Replacement (40 years) LS $ 1,113.39 1 each $ 1,113.39 Park Pathway and Wall Replacement (50 years) LS $ 1,690.65 1 each $ 1,690.65 Frontage Curb/Gutter Replacement (50 years) LF $ 85.00 379.22 LF $ 6,446.74 Frontage Sidewalk Replacement (50 years) SF $ 10.00 4000.96 SF $ 8,001.91 Subtotal Park Maintenance (rounded to nearest dollar) $ 119,817.00 Street Frontage Maintenance (Adega II only) Frontage Curb/Gutter Replacement (50 years) LF $ 85.00 838.82 LF $ 1,425.99 Frontage Sidewalk Replacement (50 years) SF $ 10.00 4000.96 SF $ 800.19 Storm Drainage Maintenace & Monitoring 3 person crew day' $ 1,680.00 6 days/year $ 10,080.00 Lighting Street Light Replacement each $ 5,000.00 1 5 years $ 1,000.00 Street Light Electricity LS $ 500.00 1 each $ 500.00 Total Maintenance and Operations Budget $ 133,623.00 City Contribution for General Benefits to the Public LS $ (7,443.00) 1 each $ (7,443.00) General Benefit Contribution for Park Maintenance & Reserves LS $ (77,393.76) 1 each $ (77,394.00) Reserves (10% allowance) LS $ 13,362.00 1 each $ 13,362.00 Annual Administration (benefit to LLD only) LS $ 12,000.00 1 each $ 12,000.00 Budget to Assessment *Calculated at $70/hr($34/hr salary + benefits and overhead) **Calculated based on water use patterns of .65 acres of irrigated landscape @ 2.9 of/acre/year @ recycled water rates 74,148.00 Maximum Assessment Proposed: The maximum assessment for the first fiscal year is proposed at $1,002.00/multi-family unit which results in a total assessment of $74,148.08 for the one parcel in the District. The assessment is proposed to include an annual increase tied to the Consumer Price Index - All Urban Consumers for Norther California (San Francisco -Oakland -Hayward) ("CPI"). Next Steps: Because both the developer and staff are working to complete and close out the Adega II project, staff will begin the assessment ballot process upon approval from City Council. The assessment ballot will be mailed to the property owner in the District (who is also the developer). The ballot will be due back to the City on or before the Public Hearing scheduled for September 10, 2024, which allows for the 45-day balloting period required by law. Immediately after the Public Hearing, the City Clerk will tabulate assessment ballots. If the majority of the ballots, weighted by dollar amount of assessment per parcel, are not in protest of the assessment, the City Council will proceed to adopt its Resolution of Formation and staff will complete final recording actions. Because of the timing for the district's formation, the assessment will not be able to be collected on the tax roll for Fiscal Year 2024-2025. However, because the district involves a single owner with a single ITEM NO. 8.13. assessment, staff will work with the developer to "hand bill" the amount owed by the developer under the Development Agreement for Fiscal Year 2024-25. In subsequent years, beginning in Fiscal Year 2025-2026, the assessment will be able to be collected on the tax role. ENVIRONMENTAL ANALYSIS: Adoption of the proposed resolution is not a "project" under California Environmental Quality Act (CEQA) Guidelines section 15378. The resolution approves a funding mechanism for ongoing maintenance and services including water quality compliance services (see 15378(b)(4)) and there is no potential that approval of the proposed agreement will result in a direct or indirect physical change to the environment. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The proposed action is consistent with the City's Councils goals for Long Term Financial Sustainability, Community Quality of Life and Planning and Infrastructure because it provides a funding source for maintenance activities that both relieves burden on the General Fund and ensures infrastructure is well maintained in the developing westside neighborhoods. OPTIONS CONSIDERED: None. The recommended action is necessary to satisfy the requirements of the Development Agreement as amended. FISCAL IMPACT/FUNDING SOURCE: The proposed action will have a current positive fiscal impact of $74,148/year. The City will have the ability to escalate the assessment consistent with increases in the Consumer Price Index, beginning in Fiscal Year 26-27. The proposed action will provide a funding source for ongoing maintenance, rehabilitation and repair activity in the Stadium Lands Master Plan Area. Code Compliance Approval Date: NA Department Head Approval Date: 07/09/2024 Finance Approval Date: NA Human Resources Approval Date: NA City Attorney Approval Date: 07/05/2024 City Manager Approval Date: 07/15/2024 Attachments: 1. Resolution Adopting Proposition 218 Ballot Proceeding Procedures 2. Resolution Declaring Intention to Form Landscape & Lighting District No. 2024-01 (Westside Services), Preliminarily Approving the Engineer's Report, Providing Notice Public Hearing and Ordering the Mailing of Assessment Ballots 3. Resolution of Intention Exhibit A — Engineer's Report 5 RESOLUTION NO.2024-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING PROPOSITION 218 ASSESSMENT BALLOT PROCEEDING PROCEDURES WHEREAS, by Resolution No. 2024-054, approved on July 9, 2024, the City Council ordered the initiation of proceedings for the formation of Landscape and Lighting District No. 2024-01 (Westside Services) pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code (commencing with § 22500 thereof) ("Act"); and WHEREAS, the proposed landscaping maintenance assessment shall be described as "Landscape and Lighting District 2024-01 (Westside Services)" of the City of Rohnert Park (hereinafter the "Assessment District"); and WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution, which impose certain procedural and substantive requirements relating to assessments (as defined); and WHEREAS, the City believes it to be in the best interests of the City and its property owners to confirm and memorialize the City's procedures and guidelines regarding implementation of the provisions of Proposition 218 and pertinent statutes relating to assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: SECTION 1: The above Recitals are in all respects true and correct. SECTION 2: Statement of Legislative Intent: In adopting this resolution, it is the City Council's intent to adopt assessment ballot proceedings, which are consistent and in compliance with Articles XIIIC and XIIID of the California Constitution and with Government Code §§ 53750 through 53754. It is not the intent of the City Council to vary in any way from the requirements of either the California Constitution or the laws of the State of California. If there is any inconsistency of each between this resolution and state law, state law will govern. SECTION 3: Definition of Assessment: Proposition 218 defines "assessment" as "any levy or charge by an agency upon real property for the reasonable costs of the proportional special benefit conferred upon the real property. The special benefits may include the capital cost of the public improvement, the maintenance and operation expenses of the public improvement or the cost of the property related service being provided." "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment," and "special assessment tax." SECTION 4: Assessment Ballot Proceeding: The following procedures shall be used in an assessment ballot proceeding that follows the requirements of California Constitution, Article XIIID, § 4: A. Amount of Assessment: Only special benefits are assessable. The amount of assessment shall be each identified parcel's proportionate share of the cost of the improvements and services conferred upon that parcel. The amount shall be proportional to, and no greater than, the special benefits conferred on each parcel. B. Engineer's Report: The City Council shall direct the filing of an engineer's report that shall comply with the applicable state statute(s) authorizing the assessment and with California Constitution, Article XIIID, § 4. The engineer's report shall explain the special benefits conferred by the improvements and/or services funded by the assessments. The engineer's report shall also provide the evidence upon which the City Council may find that a special benefit exists. If the improvement or service confers a general benefit, the engineer's report shall describe the general benefit and an alternative funding source for any general benefits. The engineer's report shall be prepared by a registered professional engineer certified by the State of California, ("Engineer of Work"). The cost of preparing the engineer's report shall be included as a cost of the assessment. C. Notice: The following guidelines shall apply to giving notice of anassessment: 1. The record owner(s) of each parcel to be assessed shall be determined from the last equalized secured property tax roll. (See Government Code § 537500).) If the property tax roll indicates more than one owner, each owner shall receive notice. Only property owners shall receive notice; 2. The notice shall be sent at least forty-five (45) days prior to the date set for the public hearing on the City Council action to impose the proposed assessment; 3. The notice provided by this Section 4(C) of this resolution shall contain the following information: a. The total amount to be assessed for the entire assessment district; b. The amount to be assessed to the owner's particular parcel; C. The duration of the payments; d. The reason for the assessment; e. The basis upon which the amount of the proposed assessment was calculated; f. The date, time. and location of the public hearing on the proposed assessment; g. A summary of the procedures for the completion, return and tabulation of the assessment ballots; h. A disclosure statement that the existence of a majority protest will result in the assessment not being imposed; and i. A ballot to be completed by the owner, as further described in Section 4(D) of this resolution. [All subsequent references to "Section" shall be "of this resolution" unless specifically identified otherwise.] 4. The notice provided by this Section 4(C) and in accordance with California Code §§ 53753(b) and (c) shall supersede and be in lieu of any other statutes requiring notice to levy or increase an assessment, including but not limited to the notice required by the state statute authorizing the assessment and California Government Code § 54954.6; 5. Failure of any person to receive notice shall not invalidate theproceedings; 6. The cost of providing notice shall be included as a cost of the assessment. D. Assessment Ballot: The following guidelines shall apply to the assessment ballot: The ballot required by Article XHID, § 4(d), of the California Constitution shall be mailed to all record owners subject to the proposed assessment at least forty-five (45) days prior to the date of the public hearing on the proposed assessment. Said ballot shall Resolution 2024-062 Page 2 of 6 comply with the requirements of California Government Code §§ 53753(b) and (c). The ballot shall be designed in such a way that, once sealed, its contents are concealed. 2. All ballots must be returned either by mail or by hand delivery, and received by the City Clerk not later than the date and time for return of ballots stated on the notice and ballot described in this section. Mailed ballots must be returned to City of Rohnert Park, City Clerk, 130 Avram Avenue, Rohnert Park, CA 94928. Hand delivered ballots may be returned to the City Clerk at the time and location of the public hearing, to be held at the Rohnert Park City Hall located at 130 Avram Avenue, Rohnert Park, CA. Ballots must be received by the City Clerk, either by mail or by hand delivery, prior to the conclusion of the public input portion of the public hearing. The City Clerk ("Tabulator") shall tabulate the ballots upon the close of the public input portion of the public hearing. 3. Each ballot must be signed under penalty of perjury. In the event that more than one (1) of the record owners of a parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the parcel shall be allocated to each ballot submitted in proportion to the respective record ownership interests as shown on the last equalized secured property tax assessment role unless the record owner submits to the City Clerk documentation that establishes to the satisfaction of the City Council a different proportion of record ownership interests. If two (2) or more persons own a parcel subject to the assessment, any one (1) owner may cast an assessment ballot for all owners. 4. If a parcel has multiple owners, any owner may request and return a proportional assessment ballot. If the ownership interest of the owner is not shown on the last equalized secured property tax assessment roll, such request must include evidence, satisfactory to the Engineer of Work, of the owner's proportional rights in the parcel. The Engineer of Work will provide the proportional ballot to the owner at the address shown on the assessment roll. Any request for a ballot to be mailed to another location must include evidence, satisfactory to the Engineer of Work, of the identity of the person requesting the ballot. Each proportional ballot will be marked to identify it as a proportional ballot and to indicate the owner's proportional rights in the parcel. The Engineer of Work shall keep a record of each proportional ballot provided to an owner. 5. The City will only accept official ballots mailed or otherwise provided to owners by the Engineer of Work. 6. If an assessment ballot is lost, withdrawn, destroyed, or never received, the Engineer of Work will mail or otherwise provide a replacement ballot to the owner upon receipt of a request delivered to the City Clerk or the Engineer of Work. The replacement ballot will be marked to identify it as a replacement ballot or a replacement proportional ballot. Any request for a replacement or replacement proportional ballot to be mailed to another location must include evidence, satisfactory to the Engineer of Work of the identity of the person requesting the ballot. The same procedure applies to replacement ballots or replacement proportional ballots, which are lost, withdrawn, destroyed, or never received. 7. If an assessment ballot is returned by the United States Post Office as undeliverable, the Engineer of Work may mail a redelivered ballot to the current property owner, if updated ownership or owner mailing address can be determined. The redelivered ballot Resolution 2024-062 Page 3 of 6 will be marked to identify it as a redelivered ballot. 8. An assessment ballot proceeding is not an election or voting for purposes of Article II of the California Constitution or of the Elections Code. 9. An assessment ballot is a disclosable "public record" as that phrase is defined by California Government Code § 6252 during and after tabulation of the ballots. 10. The California Government Code requires that assessment ballots be signed by property owners. However, property owner names and corresponding votes will remain confidential, except as necessary to count the votes or as disclosure is required by California law. 11. To complete an assessment ballot, the owner of the parcel or his or her authorized representative must (1) mark the appropriate box (or circle) supporting or opposing the proposed assessment, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one (1) box (or circle) may be stamped or marked on each ballot. All incomplete or improperly marked ballots shall be disqualified from balloting. The Tabulator will retain all such invalid ballots. 12. After returning an assessment ballot to the City (in accordance with Section 4(D)(2)), the person who signed the ballot may withdraw the ballot by submitting a written statement to the City Clerk directing the City to withdraw the ballot. Such statement must be received by the City Clerk (in accordance with the procedures for returning assessment ballots to the City under Section 4(D)(2)). When ballots for the assessment are tabulated, the Tabulator will segregate withdrawn ballots from all other returned ballots. The Tabulator will retain all withdrawn ballots and will indicate on the face of such withdrawn ballots that they have been withdrawn. 13. In order to change the contents of a ballot that has been submitted, the person who has signed that ballot may (1) direct the City to withdraw the ballot (in accordance with Section 4(D)(12)), (2) request that the City Clerk issue a replacement ballot, and (3) return the replacement ballot fully completed. Each of these steps must be completed according to the procedures set forth above so that the fully completed replacement ballot is received by the City Clerk in accordance with Section 4(D)(2). E. Tabulating Ballots: The following guidelines shall apply to tabulating assessment ballots: 1. Assessment ballots shall remain sealed until ballot tabulation commences. Ballot tabulation shall not commence until after the conclusion of the public input portion of the public hearing. Once the first ballot is unsealed, no ballots may be modified, and all timely and valid ballots shall be tabulated in accordance with this resolution. 2. The City Clerk (as the Tabulator) shall oversee and direct the tabulation of the assessment ballots. The Tabulator shall follow the rules and procedures of the laws of the State of California, this Resolution and any other rules and procedures of the City Council. If the Tabulator needs clarification, then he or she shall inquire of the City Council, which is the final arbiter. The following categories of submissions shall be deemed to be invalid and not tabulated as an assessment ballot: a. Any form of a ballot that is not an official ballot provided by the City in Resolution 2024-062 Page 4 of 6 accordance with this resolution (this means a photocopy of a ballot, or a letter, is not a valid ballot); b. An unsigned ballot, or ballot signed by an unauthorized individual; C. A ballot which lacks an identifiable mark in the box for a "yes" or "no" vote or with more than one (1) box marked, will not be counted; d. A ballot which appears tampered with or otherwise invalid based upon its appearance or method of delivery or other circumstances; e. A ballot for which the barcode representing the parcel number is damaged or obstructed, unless the parcel number or property ownership information is legible and allows the Tabulator to clearly determine the property(s) identified on the ballot. f. A ballot received after the close of the balloting time period. 3. If more than one (1) of the record owners of a parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the parcel shall be allocated to each ballot in accordance with Section 4(D)(3) and 4(D)(4). 4. In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the City Council will make such determination from the official County Assessor records and any evidence of ownership submitted to the City Council prior to the conclusion of the public hearing. The City Council shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership will be final and conclusive. 5. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, or any other dispute regarding the validity of any ballot, the City Council may rely on: (a) the statement on the ballot signed under penalty of perjury that the person completing the ballot is the owner's authorized representative, and (b) any evidence submitted to the City Council prior to the conclusion of the public input portion of the public hearing. The City Council will be under no duty to obtain or consider any other evidence to resolve the dispute, and its determination will be final and conclusive. 6. A property owner who has submitted an assessment ballot may withdraw the ballot and submit a new or changed ballot up until the conclusion of the public input portion of the public hearing on the assessment in accordance with Sections 4(D)(12) and 4(D)(13). 7. A property owner's failure to receive an assessment ballot shall not invalidate the proceedings conducted under this section and California Constitution Article XIIID, § 4 8. The City shall retain all ballots for a period of two (2) years from the date of the public hearing. F. Public Hearing. At the public hearing, the City Council shall hear and consider all public testimony, objections and protests regarding the proposed assessment and accept ballots until the close of the public input portion of the public hearing. Resolution 2024-062 Page 5 of 6 2. Reasonable time limits may be imposed on both the length of the entire hearing and the length of each speaker's testimony. 3. At the conclusion of the public input portion of the hearing, but prior to the conclusion of the public hearing, the City Council will direct the Tabulator to unseal and tabulate all valid ballots in public view so as to permit all interested persons to meaningfully monitor the accuracy of the tabulation process. 4. If it is not possible to tabulate the ballots on the day of the public hearing, or if additional time is necessary for public testimony, the City Council may continue the public hearing from time to time in order to receive additional testimony, information, or to finish tabulating the ballots. 5. If, according to the final tabulation of the ballots, ballots submitted against the assessment exceed the ballots submitted in favor of the assessment, weighted according to the proportional financial obligation of each affected parcel, a "majority protest" exists and the City Council shall not impose the assessment. DULY AND REGULARLY ADOPTED this 23rd day of July, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney CITY OF ROHNERT PARK Susan H. Adams, Mayor ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Resolution 2024-062 Page 6 of 6 RESOLUTION NO.2024-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING ITS INTENTION TO FORM LANDSCAPING AND LIGHTING DISTRICT NO.2024-01 (WESTSIDE SERVICES) AND LEVY ASSESSMENTS, PRELIMINARILY APPROVING THE ENGINEER'S REPORT, PROVIDING NOTICE OF PUBLIC HEARING AND ORDERING THE MAILING OF THE ASSESSMENT BALLOTS WHEREAS, by Resolution No. 2024-054, approved on July 9, 2024 ("Resolution of Initiation"), the City Council ordered the initiation of proceedings for the formation of Landscape and Lighting District No. 2024-01 (Westside Services) pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code (commencing with § 22500 thereof) ("Act"); and WHEREAS, the proposed landscaping maintenance assessment shall be described as "Landscape and Lighting District No. 2024-01 (Westside Services)" of the City of Rohnert Park (hereinafter the "Assessment District") which is generally located at the northwest corner of the intersection of Dowdell and Martin Avenues; and WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution, which impose certain procedural and substantive requirements relating to assessments (as defined)' and WHEREAS, the Landscape and Lighting District No. 2024-01 (Westside Services) is intended to satisfy the requirements of a Development Agreement between the City of Rohnert Park and Stadium Partners LP to provide a mechanism for funding the City's costs of providing special benefits for new development on the single parcel included within the Assessment District boundaries; and WHEREAS, an Engineer's Report ("Report") has been prepared by Mary Grace Pawson, P.E., a registered, professional engineer with the City's Development Services Department ("Assessment Engineer") and submitted to the City Council, in which an assessment is proposed to fund the cost of the installation, maintenance and servicing of improvements as described in Section 3 below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: SECTION 1: The above Recitals are in all respects true and correct. SECTION 2: Reference to Initiation and Approval of the Engineer's Report. In accordance with direction from the City Council set forth in the Resolution of Initiation, Mary Grace Pawson PE with the City's Development Services Department, ("Engineer of Work"), prepared an "Engineer's Report — City of Rohnert Park Landscape and Lighting District 2024-01 (Westside Services)" ("Report") pursuant to the Act and Article XIIID of the California Constitution. The Report has been prepared, filed with the City Clerk, reviewed, and duly considered by the City Council and is hereby deemed sufficient and approved for the preliminary purposes required by Streets and Highways Code Section 22586. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to this Resolution. SECTION 3: Description of the Improvements: The purpose of the Assessment District is to provide for the installation, maintenance, and servicing of improvements. The District benefits from improvements ("Improvements") that are generally described as the installation, maintenance, and servicing of public improvements and facilities, including but not limited to, landscaping, sprinkler systems, park grounds, park facilities, playground equipment, landscape corridors, sidewalks, curbs and gutters, storm drainage systems, public lighting facilities, frontage and retention walls, other landscaping facilities, and related labor, materials, supplies, utilities, equipment, and incidental expenses. Under the Act, "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Under the Act, "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. SECTION 4: Reference to Engineer's Report: The Report is hereby incorporated by reference. Reference is hereby made to the Report for a full and detailed description of the Improvements (including the plans and specifications), the boundaries of the Assessment District and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Reference is also hereby made to the Report for an estimate of the costs of the Improvements proposed to be financed from the proceeds of the proposed assessment. SECTION 5: Report of the Assessment Engineer: The Report is available for public review at the City of Rohnert Park City Hall, located at 130 Avram Avenue, Rohnert Park, CA 95408. The Engineer's Report includes: A. A description of the Improvements to be funded with assessment proceeds, services, and incidental costs; and B. An estimate of the annual cost of such Improvements; and C. A description of each assessable parcel of land within the District and proposed to be subject to the assessment; and D. A description of the proportionate special and general benefits conferred on property by the proposed assessment; and E. A description of the boundaries of the proposed Assessment District, which is the diagram for the assessment district; and F. A specification of the amount to be assessed upon various types of assessable land to fund the cost of the Improvements; and G. The proposed method and formula of assessing the costs and expenses of the Resolution 2024-063 Page 2 of 4 Improvements to the properties which will specially benefit from the Improvements. SECTION 6: Description of Assessment District: The Assessment District consists of the single parcel shown on the boundary map diagram of the Assessment District on file with the City Clerk, and reference is hereby made to such map for further particulars. SECTION 7: Proposed Assessment Rate: It is the intention of this City Council to levy and collect assessments within the Assessment District. The estimated Fiscal Year 2025-26 cost of providing the Improvements, less contributions for general benefits, is $74,148.08. Said estimated cost results in a proposed assessment rate of $74,148.08 for the one parcel within the Assessment District for Fiscal Year 2025-26. It is the further intention of the City to have the assessment collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. SECTION 8: Public Hearing: notice is hereby given that the public hearing on the proposed assessment shall be held before the City Council of the City of Rohnert Park at Rohnert Park City Hall, located at 130 Avram Avenue, Rohnert Park, California on Tuesday, September 10, 2024 at the hour of 5:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of this City Council's determination of whether the public interest, convenience and necessity require the improvements and the City Council's final action upon the Report and the assessments therein. All interested people shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of that protest, prior to the conclusion of the public input portion of the public hearing. A written protest shall state all grounds of objection. A protest by a record owner of property within the proposed Assessment District shall contain a description sufficient to identify the property owned by the signer thereof. The City Council shall consider all oral statements and all written protests made or filed by any interested person. SECTION 9: Notice and Ballot: The City Clerk hereby is authorized and directed to cause Notice of the hearing ordered under Section 8 hereof to be given in accordance with law by United States Mail, and such Notice shall be deemed to have been given when so deposited in the United States Mail. The envelope or cover of the mailing shall include the name of the City. The mailed Notice shall be given to the property owner of the single assessable parcel within the Assessment District by such mailing by name to those persons whose names and addresses appear on the last equalized secured property tax assessment roll of Sonoma County. The Notice shall include, but not be limited to, the total amount of assessment proposed to be levied in the Assessment District for fiscal year 2025-26, the assessment proposed for the owner's particular parcel(s) and the duration thereof and the reason for the assessment. Each Notice shall also contain the proposed assessment and the basis upon which the amount of the assessment was calculated. Each Notice shall also contain an assessment ballot, a summary of the procedures applicable to the completion, return and tabulation of assessment ballots, the date, time, and location of the public hearing and a statement that the existence of a majority protest will result in the assessment not being imposed. The Notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing. SECTION 10: Additional Information: To obtain additional information about the proposed assessments, the Assessment District, or the proposed Improvements contact: Mary Grace Pawson with the City's Development Services Department at (707) 588-2234 or mpawson(crpcity.org . The Engineer's Report and other written material about the Assessment Resolution 2024-063 Page 3 of 4 District may also be reviewed at the Office of the City Clerk during regular business hours. SECTION 11: Annual Assessments: The assessments are proposed to be levied annually. If the proposed assessments are approved and confirmed by the City Council, the assessments will increase in future years by an amount up to the change in the Northern California (San Francisco - Oakland -Hayward) Consumer Price Index -All Urban Consumers (the "CPI") without a further vote or balloting process. In each subsequent year in which the assessments will be levied, an updated Engineer's Report, including a proposed budget and assessment rate, shall be prepared. The updated Engineer's Report shall be considered by the City Council at a noticed public hearing. The City Council's approval of each updated Engineer's Report shall serve as the basis for the continuation of the assessments. DULY AND REGULARLY ADOPTED this 23rd day of July 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney Attachments: Exhibit A CITY OF ROHNERT PARK Susan H. Adams, Mayor ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Resolution 2024-063 Page 4 of 4 JULY 91 2024 ENGINEER'S REPORT CITY OF ROHNERT PARK LANDSCAPE & LIGHTING DISTRICT 2024-01 (WESTSIDE SERVICES PREPARED BY: CITY OF ROHERT PARK DEVELOPMENT SERVICES DEPARTMENT Table of Contents Introduction..................................................................................................................................................1 Legal Requirements for District Formation...................................................................................................3 Proposition218........................................................................................................................................3 Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal.4th 431.....................................................................................................................................3 Dahms v. Downtown Pomona Property (2009) 174 Cal.App.4th 708.................................................. 3 Bonander v. Town of Tiburon (2009) 180 Cal.App.4th 103........................................................4 Beutz v. County of Riverside (2010) 184 Cal.App.4th 1516..................................................................4 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal. App. 4th 416 ....4 Compliance with Legal Requirements......................................................................................................4 Plans& Specifications...................................................................................................................................5 General Overview and Definitions............................................................................................................6 Park and Streetscape Maintenance..........................................................................................................6 Storm Drainage Maintenance and Monitoring.........................................................................................6 LightingMaintenance...................................................................................................................... 7 Repair and Replacement Reserves...........................................................................................................7 DistrictAdministration..............................................................................................................................7 Fiscal Year 2025-26 Estimate of Cost and Budget........................................................................................8 Method of Assessment Apportionment....................................................................................................... 8 Discussionof Benefit.................................................................................................................................9 SpecialBenefits.......................................................................................................................................10 Proximity to improved parks and landscapes.....................................................................................10 Extension of a Property's Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements.........................................................................................................10 Improved Safety and Access from Sidewalk and Drainage Facilities..................................................10 Improved Nighttime Visibility and Safety from Streetlights.......................................................11 Creation of Property for Residential Use that, in Absence of the Assessments, Would Not Have BeenCreated......................................................................................................................................11 Calculation of General and Special Benefits...........................................................................................11 General Benefit to the Public at Large..........................................................................................12 General Benefit to Property Outside the District.......................................................................13 General Benefit to Property within the Assessment District.....................................................13 TotalGeneral Benefits.........................................................................................................................13 Zonesof Benefit......................................................................................................................................14 Method of Assessment and Apportionment..........................................................................................14 AnnualCost Indexing..............................................................................................................................14 Duration of Assessment..........................................................................................................................14 Assessment Funds Expended on Benefitting Maintenance Activities....................................................15 Oversite, Annual Review and Accountability..........................................................................................15 Assessment.................................................................................................................................................16 AssessmentDiagram...................................................................................................................................18 AssessmentRoll - FY 2025-26..................................................................................................................... 20 Introduction The Residences at Five Creek is a mixed -use project within the Stadium Area Master Plan area on the west side of Rohnert Park. The project includes a hotel, a park and an apartment complex known as Adega. The apartment complex is being developed in two phases: a 135-unit first phase and a 74-unit second phase. The Residences at Five Creek project was developed under a Development Agreement (the "DA") between City of Rohnert Park (the "City") and Stadium RP Development Partners. Stadium Lands RP Development Partners subsequently assigned the DA to Rohnert Park 668 L.P. (the "Developer"), who is developing Adega. The DA, among other things, requires the Developer to pay a "Service Payment" to offset the additional cost of service created by residential development', consistent with the City's General Plan polices and goals. For Fiscal Year 2024-25, the Service Payment is capped at $1,002.00/multi-family unit; however, the amount of the Service Payment is subject to annual adjustments on each July 1 based on the San Francisco Bay Area Consumer Price Index. In early 2020 at the Developer's request, the City formed Community Facilities District 2019-01— Westside Residential Services ("CFD 2019-01") to satisfy the DA requirements for Adega Phase I. The Developer has requested the formation of the proposed City of Rohnert Park Landscape and Lighting District 2024-01 (Westside Services) (the "District") to satisfy the DA requirements for Adega Phase II. This Engineer's Report is being prepared to support formation of the LLD under the Landscape and Lighting District Act of 1972 (the "Act") and Articles XIIIC and XIIID of the California State Constitution ("Proposition 218"). As required by the Act, this Report includes plans and specifications, a diagram or map of the District property boundaries, the benefits received by property from the Improvements supported by the District, and the method of allocating the City's costs of providing the Improvements to lots and parcels within the District (the "Assessments"). As required by Proposition 218, if the City Council approves this Engineer's Report and the proposed Assessments by resolution (known as a "Resolution of Intention"), an assessment ballot and notice will be mailed to each property owner as identified in the most recent equalized tax roll prepared by the Sonoma County Assessor's office. The Resolution of Intention preliminarily approving the Engineer's Report and mailed notice will include the date for a public hearing at which time all assessment ballots must be received to be counted in accordance with Government Code Section 53753. The notice and assessment ballots must be mailed at least 45 days prior to the public hearing. At the appointed time and place, a public hearing will be held to allow public testimony about the proposed Assessments. At this hearing, the Council will hear public testimony and tabulate all assessment ballots turned in before the close of the public comment period of the public hearing. If it is determined that the assessment ballots submitted in opposition to the proposed Assessments do not exceed the assessment ballots submitted in favor of the Assessments (each ballot is weighted by the proportional financial obligation of the property for which the ballot is submitted) the Council may take action to approve the levying of Assessments. Because the formation of the District is planned to occur after July 1, 2024, the Service Payment owed by the Developer to the City under DA Section 6.5 for Fiscal 1 Development Agreement Section 6.5, Public Service Payment. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 Year 2024-25 will be "hand billed" to the Developer, and each subsequent years' Assessments (beginning with Fiscal Year 2025-26) will be submitted to the Sonoma County Auditor/Controller for inclusion on the annual property tax rolls. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 2 Legal Requirements for District Formation Proposition 218 This District is being formed and assessments are being calculated consistent with Proposition 218. Proposition 218 was approved by the voters of California on November 6, 1996, and is now incorporated in Articles XIIIC and XIIID of the California Constitution. Among other requirements, Proposition 218 provides for assessments to be levied on properties to fund the cost of providing "improvements" that specially benefit the assessed properties. Under Proposition 218 and the Act, and the judicial decisions interpreting them, the term "improvements" is broadly defined to generally include acquisition of property; installation of landscaping, lighting, or ornamental structures or facilities, construction that is appurtenant, necessary, or convenient to those installations (such as curbs, gutters, walls, sidewalks, paving, irrigation, drainage, or electrical, as well as parks, restrooms, and community gathering facilities); maintenance; and other related services such as operations and administration. Proposition 218 describes several important requirements, including procedural requirements for property -owner balloting to approve the formation of assessment districts. In essence, as summarized above, the City may only approve an assessment district if the property -owner assessment ballots submitted in opposition to the proposed Assessments do not exceed the property -owner assessment ballots submitted in favor of the Assessments (each ballot is weighted by the proportional financial obligation of the property for which the ballot is submitted). Proposition 218 and the judicial decisions interpreting it also describe important substantive requirements that must be satisfied in identifying and quantifying the amount of the Assessment imposed on each property -owner based on the special benefit received by the assessed property -owner. Some of these key judicial decisions are summarized below. Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal.4th 431 In Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"), the California Supreme Court clarified how public agencies must determine assessed special benefit under Proposition 218. The Court found that: oo Benefit assessments are for special, not general, benefit oc The services and/or improvements funded by assessments must be clearly defined oc Special benefits are directly received by and provide a direct advantage to property in the Assessment District oc The assessment levied on each property should be proportional to the special benefits it receives from the Improvements Dahms v. Downtown Pomona Property (2009) 174 Cal.App.4th 708 In Dahms v. Downtown Pomona Property ("Dahms") the Second District Court of Appeal upheld an assessment that was 100% special benefit (i.e., 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 3 Bonander v. Town of Tiburon (2009) 180 Cal.App.4th 103 In Bonander v. Town of Tiburon ("Bonander"), the First District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub- areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. Beutz v. County of Riverside (2010) 184 Cal.App.4th 1516 In Steven Beutz v. County of Riverside ("Beutz") the Fourth District Court of Appeal overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified, and separated from the special benefits. Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal. App. 4th 416 In Golden Hill Neighborhood Association v. City of San Diego ("Golden Hill"), the Fourth District Court of Appeal overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified, and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. Compliance with Legal Requirements This Engineer's Report is consistent with the requirements of Proposition 218 and the judicial decisions interpreting it because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity to the improvements, the benefitting property in the District is required as a condition of its development to help support the costs of the improvements and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 4 Plans & Specifications The District maintains landscaping, streetscaping, lighting and other improvements that directly benefit the property in the District. The work and improvements to be undertaken bythe proposed District are described below and illustrated in Figure 1. FIGURE 1 - IMPROVEMENTS TO BE MAINTAINED ERMNEB8 PARK OR N ■ 0 PARK TO BE MAINTAINED AV9HtA—= Jr ASSESSOR'S PARCEL 2 STREETLIGHTS & STREET I 143-040-137 � FRONTAGE TO BE ---I -- j, MAINTAINED f �fJ ASSESSOR AREA FOR DRAINAGE 'r L_________--_1'` PARCEL MAINTENANCE 8 r 43-040-139 MONITORING 4 150 _ 0� STREET FROWAGE Feet vir a Ra+r�rrPwrr TO BE MAINTAINED TWw�..A ehFld 2019-01_NW&d�J,�yrak�lCAO'MESi6D�hNlldfplHIBIT.d,�µ MAN 11:1517 AK Add. POF.pc3 City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 5 General Overview and Definitions. The installation, maintenance, and servicing of public improvements and facilities, including but not limited to, landscaping, sprinkler systems, park grounds, park facilities, playground equipment, landscape corridors, sidewalks, curbs and gutters, storm drainage systems, public lighting facilities, frontage and retention walls, other landscaping facilities, and related labor, materials, supplies, utilities, equipment, and incidental expenses (collectively "Improvements"). Under the Act, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting, and filling), sod, landscaping, irrigation systems, sidewalks, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities, and public restrooms. Under the Act, "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Under the Act, "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Under the Act, "Incidental Expenses" include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Park and Streetscape Maintenance Includes maintenance, repair and replacement of a publicly owned park, including a playground, bocce courts, skate feature, turf, decorative landscape, irrigation facilities and water, a decorative gazebo, benches, tables, bike racks, fences, trash and recycling bins, decorative walls, and frontage curb, gutter and sidewalk along the park frontage and the Adega II development, together with all appurtenances and appurtenant work in connection with the foregoing improvements. Storm Drainage Maintenance and Monitoring Includes permitting, operation, maintenance, monitoring and repair of publicly owned drainage and storm water treatment systems that receive tributary flow from the Adega II development, together with all appurtenances and appurtenant work in connection with the foregoing improvements. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 0 Lighting Maintenance Includes the cost of power, maintenance services, electricity and an allowance for replacement of the 2 streetlights along the Adega II development frontage together with all required appurtenances and appurtenant work in connection with foregoing improvements. Repair and Replacement Reserves Dedicated funding, often referred to as "reserves," will be used to support the cash flow needs of the District (because assessments are collected twice a year) and in the event improvements need to be replaced, outside of the budgeted replacement schedule, due to failure, damage, natural disaster etc. District Administration District administration expenses include all costs associated with the annual administration including the costs of developing budgets, calculating assessments, preparing the annual engineer's report, holding the annual hearing, and levying the taxes with the County of Sonoma for collection. Annual administration costs may include costs for City staff time as well as outside legal, financial and engineering consultants and any fees charged by the County of Sonoma. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 7 Fiscal Year 2025-26 Estimate of Cost and Budget The Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2025-26 for the maintenance and servicing of the Improvements is provided below. Landscape & Lighting District 2024-01 (Westside Residential) Fiscal Year 2025-26 Budget Estimate Description Unit Unit Cost Quantity Total Park Maintenance Park & Streetscape Mai ntenace 3 person crew day* $ 1,680.00 30 days/year $ 50,400.00 Irrigation Water— LS $ 3,200.00 1 each $ 3,200.00 Mulch Replacement (2 years) LS $ 6,741.95 1 each $ 6,741.95 Bocce Court Material Replacement (2 years) LS $ 12,877.06 1 each $ 12,877.06 Planting Replacement (10 years) LS $ 7,119.50 1 each $ 7,119.50 Turf Replacement (10 years) LS $ 2,739.24 1 each $ 2,739.24 Playground Fall Material Replacement (5 years) LS $ 5,281.70 1 each $ 5,281.70 Playground Equipment Replacement (10 years) LS $ 1,404.57 1 each $ 1,404.57 Gazebo Structure Replacement (25 years) LS $ 2,043.01 1 each $ 2,043.01 Tables/Benches/ Bike Racks/Trash/Fence Replacement (15 years) LS $ 6,670.87 1 each $ 6,670.87 Drinking Fountain Replacement (5 years) LS $ 4,086.03 1 each $ 4,086.03 Underground Utilities Replacement (40 years) LS $ 1,113.39 1 each $ 1,113.39 Park Pathway and Wall Replacement (50 years) LS $ 1,690.65 1 each $ 1,690.65 Frontage Curb/Gutter Replacement (50 years) LF $ 85.00 379.22 LF $ 6,446.74 Frontage Sidewalk Replacement (50 years) SF $ 10.00 4000.96 SF $ 8,001.91 Subtotal Park Maintenance (rounded to nearest dollar) $ 119,817.00 Street Frontage Maintenance (Adega II only) Frontage Curb/Gutter Replacement (50 years) LF $ 85.00 838.82 LF $ 1,425.99 Frontage Sidewalk Replacement (50 years) SF $ 10.00 4000.96 SF $ 800.19 Storm Drainage Maintenace & Monitoring 3 person crew day` $ 1,680.00 6 days/year $ 10,080.00 Lighting Street Light Replacement each $ 5,000.00 1 5 years $ 1,000.00 Street Light Electricity LS $ 500.00 1 each $ 500.00 Total Maintenance and Operations Budget $ 133,623.00 City Contribution for General Benefits to the Public LS $ (7,443,00) 1 each $ (7,443,00) General Benefit Contribution for Park Maintenance & Reserves LS $ (77,393.76) 1 each $ (77,394.00) Reserves (10% allowance) LS $ 13,362.00 1 each $ 13,362.00 Annual Administration (benefit to LLD only) LS $ 12,000.00 1 each $ 12,000.00 Budget to Assessment $ 74,148.00 'Calculated at $70/hr($34/hr salary+ benefits and overhead) `*Calculated based on water use patterns of .65 acres of irrigated landscape @ 2.9 of/acre/year @ recycled water rates Method of Assessment Apportionment This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of Sonoma County Assessor's Parcel Number 143-040-139, which contains the Adega II development of 74 multi -family units. The method used for apportioning the assessment is based upon the proportional special benefits derived by the properties in the District over and above City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 W general benefits conferred on real property or to the public at large. Special benefit and the Assessments are calculated using the following process: oo Identification of special benefit factors derived from the Improvements oo Calculation and quantification of the general benefits oc Determination of the relative special benefit within different areas within the Assessment District oc Determination of the relative special benefit per property type oc Apportionment of the costs to Assessment and calculation of the Assessment for each individual parcel based upon special benefit; location, property type, property size, property characteristics, improvements on property and other supporting attributes. Discussion of Benefit Assessments must reflect the cost of special benefit to property in the District. This special benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 (the "Act") states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " Proposition 218 confirms that assessments must be based on the special benefit to property and that the City's cost to provide the special benefits may exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The following benefit categories summarize the types of special benefit to property in the District from the installation, maintenance, and servicing of the Improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and judicial decisions interpreting that legislation and Proposition 218 which describe the types of special benefit received by property from maintenance and Improvements such as those within by the District. These types of special benefit are summarized as follows: oo Proximity to improved parks and landscapes oo Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. oc Improved safety and access from sidewalk and drainage facilities oc Improved nighttime visibility and safety from streetlights oc Creation of individual lots for residential use that, in absence of the Assessments, would not have been created. In this case, the SVTA case provides enhanced clarity to the definitions of special benefits to properties from improvements related to proximity and access. SVTA also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. SVTA City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 0 provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g., general enhancement of the district's property values). Proximity and improved access strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive, are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. Special Benefits The following special benefits inure to the property in the proposed District. Proximity to improved parks and landscapes Only improvements with close proximity to District are included in the cost estimate. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the park and landscapes would be degraded due to insufficient funding for maintenance, upkeep, and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. Since the parcels in the District enjoy close access to the Improvements, they directly benefit from the areas that are provided through the Assessments. This is a direct advantage and special benefit to property in the District. Extension of a Property's Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements The park and landscaped areas maintained with Assessments provide additional outdoor areas that serve as an effective extension of the land area for proximate properties. The Improvements, therefore, provide an important, valuable, and desirable extension of usable land area for the direct advantage and special benefit of properties with good and close proximity to the Improvements. Improved Safety and Access from Sidewalk and Drainage Facilities The sidewalk and drainage facilities maintained by the Assessments were designed and constructed specifically to provide drainage, access and water quality improvements to serve the property in the District. In the absence of these improvements, there would be no safe pedestrian access to the City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 10 property in the District and there would be no way to remove storm water from the property in the District, increasing the potential for flooding, pooling of stagnant water and vectors. The Improvements provide important, valuable and desirable enhancements to public health and safety directly to the properties in the District, which is a direct advantage and unique benefit. Improved Nighttime Visibility and Safety from Streetlights Well -maintained, effective street lighting provides special benefit to proximate parcels, within the range of the light, because it allows for safer and improved use of the property in the evenings and night. Street lighting also provides special benefit as it increases neighborhood safety and reduces the likelihood of crime on the proximate parcels. Creation of Property for Residential Use that, in Absence of the Assessments, Would Not Have Been Created As discussed above, the Developer has been required to provide a "public service payment" to ensure that improvements that supported the development of its property can be maintained over the life of the development. The Assessments provide a vehicle for ensuring this public service payment can be made. In absence of the Assessments, or a similar mechanism, the property in the District and the Improvements would not have been created. Therefore, the property receives direct advantage and special benefit that is not generally available throughout the City. Calculation of General and Special Benefits Proposition 218 requires an assessing agency to separate the general benefits from the special benefits of a public improvement or service, estimate the quantity of each in relation to the other, and limit the assessment amount to the portion of the improvement or service costs attributable to the special benefits. In the legal decisions known as Golden Hill and Beutz, the California courts have determined that there typically will be some general benefit associated with parks, landscaping and lighting maintenance and improvements because people who don't reside or own property in an assessment district do receive some, albeit minimal, benefit from the Improvements. The separation and quantification of general and special benefits requires an apportionment of the cost of the service or improvement between the two benefit types. General benefits cannot be funded by assessment revenue. Rather, the funding must come from other sources. This report provides and analysis of how much the general public may reasonably be expected to use or benefit from the improved and maintained areas in relation to the quantity or extent to which property owners within the assessment district use and benefit from the improved and maintained areas. There is no statutory formula for calculating general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. The SVTA decision provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 11 A widely -accepted formula to estimate the general benefit is: Total General Benefit General Benefit = to the public at large General Benefit to General Benefit to + real property + real property inside outside the district the district This formula is used in the discussion below in order to calculate the portion of the costs that should not be borne by the District. General Benefit to the Public at Large The City of Rohnert Park is a planned community with the vast majority of the residential development and parkland located east of Highway 101. The LLD includes a portion of the Residences at Five Creek subdivision, a mixed -use development that located 209 residential units west of Highway 101. The improvements maintained by the District were required as part of the development. The street frontage, lighting and drainage facilities serve only the Adega II development. There would be no need for the improvements to exist and no need to maintain them but for the development project. Because the improvements were solely required because of development and because the larger community experienced no difference in service levels before these improvements were developed, there is no General Benefit attributable to the public at large from the frontage, lighting and drainage improvements. The 0.65-acre park that is maintained by the District is part of the City's 473.5 acre park network. All of the City's parks, except the one maintained by the LLD, are located east of Highway 101 where they serve the residential developments that are also located east of Highway 101. While many of the City's parks have regional recreation amenities, including pools, lighted soccer and baseball fields and golf courses, the park maintained by the LLD was intentionally designed to focus on neighborhood serving amenities including a tot lot and a bocce court. While it is possible for residents from the eastern portion of the City to use the park maintained by the LLD, accessing this park would require a vehicle trip across Highway 101. The City acknowledges that the 0.65-acre park benefits both phases of the Adega development (see discussion of General Benefit to Property Outside the District, below). The City also acknowledges that this relatively small, relatively isolated park can also have benefits to the public at large. One way to quantify the benefits to the public at large is to look at the size of the park maintained by the District in the context of the City's overall park network. This method is quantified below. 0.65 acres/473.5 acres = 0.14% Using this method, the City's contribution for general benefits to the public at large would be approximately $165/year in current dollars (0.14% of the $119,817 annual park maintenance budget). Another way to quantify the benefits to the public at large is to acknowledge that the City's DA clearly limits the Developer's public service payment to $1,002.00/year in current dollars. Under this method 2 City of Rohnert Park, Community Services webpage City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 12 the City's contribution for benefits to the public at large would provide the difference between the City's actual costs and the maximum public service contribution and as outlined in the Fiscal Year 2025-26 Budget, above. General Benefit to Property Outside the District The Adega II property, which is the property within the District, receives the special benefits from the Frontage Curb and Gutter, Frontage Sidewalk, Drainage Maintenance & Monitoring and Lighting Improvements because these improvements are located exclusively along the property frontage, are designed to serve only that property and satisfy a required condition of development that allowed the property to be created. But for the creation of the Adega II development, there would be no need for maintenance of the Frontage Curb and Gutter, Frontage Sidewalk, Drainage Maintenance & Monitoring and Lighting Improvements. The benefit of the park and its maintenance is shared with the Adega I Phase 1 development, which is also proximate to the park, receives the benefit of extended green space and was also required to construct and maintain the park. Because Adega I and II are both multi -family developments, the benefit is allocated based on the number of units in each development. Adega I has 135 units and Adega II has 74 units so the benefit to property outside the District is calculate as follows: Number of Units in Adega I/Total Number of Units in Adega I and II or 135/ (135+74) = 64.6% Total General Benefit to Properties Outside of the District =64.6% Using this method, the contribution for general benefits outside the District is approximately $77,400/year in current dollars (64.4% of the $119,817 annual park maintenance budget). General Benefit to Property within the Assessment District The improvements and services funded through the assessments were specifically required, conditioned, designed, located, and constructed to provide additional and improved public resources for property inside the District. While the SVTA decision indicates there may be general benefit "conferred on real property located in the district" when there is property in the district that is used for "regional purposes", this is not the case for the proposed District. Because improvements and services funded through the assessments were specifically required, conditioned, designed, located, and constructed to provide additional and improved public resources for property inside the District, there is no general benefit associated with property in the District. Total General Benefits The three measures of general benefit are summarized in the table below. The costs associated with these general benefits must come from sources otherthan the assessment. This contribution offsets any general benefits from the Assessment services. In this case, general benefit contribution offset comes from several sources, including the City of Rohnert Park and Community Facilities District 2019-01 (Westside Services). When these percentages are applied to the total cost of service, the District's budget for apportionment can be calculated. The budget presented under the title Fiscal Year 2025-26 Estimate of Cost and City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 13 Budgets includes these calculations and the deducts the General Benefit contribution and the City contribution to meet the Development Agreement commitments. The budget also includes an allowance for District Reserves, which is calculated after the General Benefit contribution is removed, and Administration, which is solely attributable to the legal requirements for the District. Total General Benefit Calculation Type of General Benefit Percent of Total Minimum Contribution General Benefits to the Public at Large Park Maintenance 0.14% $165 Frontage Sidewalk and Curb Maintenance 0% Drainage and Water Quality Maintenance 0% Benefits to Properties outside the District Park Maintenance 64.6% $77,394 Frontage Sidewalk and Curb Maintenance 0% Drainage and Water Quality Maintenance 0% Lighting 0% General Benefits to Properties inside the District 0% Zones of Benefit Since the boundaries of the District were carefully drawn to include the single parcel that receives special benefit from the Improvements, there are no other parcels that could be identified as being in a separate zone of benefit. Method of Assessment and Apportionment As previously discussed, the proposed Assessments will fund maintenance services that clearly confer special benefits to the single parcel in the proposed District. Thus, there are no other parcels to which the assessment may be otherwise apportioned. The District consists entirely of a 74-unit apartment complex and each residential unit receives similar special benefit from the Improvements. Annual Cost Indexing In order to account for inflation, the Method of Assessment explicitly includes that provision that the maximum assessment rate within the District may increase in future years based on the annual increase, if any, in the Northern California (San Francisco -Oakland -Hayward) Consumer Price Index -All Urban Consumers (the "CPI"), from May to May off each year. Duration of Assessment The Assessments, if approved by the property owner, will be continued every year after their formation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report. In addition, the City Council must hold an annual public hearing to continue the levying the Assessment. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 14 Assessment Funds Expended on Benefitting Maintenance Activities The net available Assessment funds, after incidental, administrative, financing, and other costs shall be expended exclusively for Improvements that provide special benefit to the property within the boundaries of the District as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. Beyond the first fiscal year of the District, authorized expenditures of Assessment funds shall be subsequently established in accordance with the requirements of the Act related to the levy of annual assessments (beginning at Streets and Highways Code Sections 22620) and Proposition 218. Oversite, Annual Review and Accountability The District, including its Assessment budget, Assessment rate, Assessment CPI increase, and Improvements are reviewed annually at a noticed public hearing. The Assessments cannot continue in subsequent years unless the City Council affirmatively approves, at a noticed public hearing, an updated Engineer's Report with updated budgets, costs and an updated Assessment roll listing all parcels and their Assessments. The updated annual assessments may not exceed the maximum assessment established in this Report, adjusted for inflation by the CPI. At the annual public hearing, members of the public can provide input to the Council prior to the Council's decision on ordering the Improvements and the Assessments for the next Fiscal Year. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 15 Assessment WHEREAS, the City Council of the City of Rohnert Park, County of Sonoma, State of California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article MID of the California Constitution (collectively "the Act"), adopted its Resolution Initiating Proceedings for the Formation of the City of Rohnert Park Landscaping and Lighting District 2024-01 (Westside Services) for Fiscal Year 2025-26 (the "Assessment District"); WHEREAS, the Resolution Initiating Proceedings directed the undersigned Engineer of Work to prepare and file a report presenting a description of the Improvements, an estimate of the costs of the Improvements, a diagram for the Assessment District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the Assessment District; WHEREAS, the undersigned Engineer of Work prepared this Engineer's Report for the Assessment District in accordance with the Resolution Initiating Proceedings. Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act and the order of the City Council of the City of Rohnert Park, hereby assess the net amount upon the one assessable parcel of land within the District to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District. This assessment is subject to the City Council's approval following its consideration of evidence at a duly noticed public hearing, considering any protest ballots submitted prior to the conclusion of the public input portion of the public hearing. The estimate of the total costs of the Improvements and related incidental expense to be paid from Assessment revenue from the District, as well as corresponding costs to be paid from sources other than the District, for the fiscal year 2025-26 is listed below. Description Budgeted Cost Contribution Park and Streetsca a Maintenance $ 119,816.63 Storm Drainage Maintenance and Monitorinq $ 10,080.00 Lighting $ 1,500.00 Total Operations & Maintenance Budget $ 133,623.00 City Contribution for General Benefits to the Public $ 7,443.00 General Benefit Contribution for Parks & Streetsca es $ 77,394.00 Reserves $ 13,362.00 Annual Administration $ 12,000.00 Total Budget to Assessment 1 $ 74,148.00 As required by the Act, the Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the District which includes one parcel. The distinctive number of the parcel of land in the Assessment District is its Assessor Parcel Number appearing on the Assessment Roll. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 16 As required by the Act, the Plans and Specifications for the Improvements showing and describing the general nature, location, and extent of the existing and proposed improvements are incorporated in this Engineer's Report, and are hereto attached and made a part hereof. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the related incidental expenses, upon the single parcel of land within the District, in accordance with the special benefits to be received by that parcel, from the Improvements, and more particularly set forth in the Cost Estimate and Method of Assessment in the Report. The assessment is made upon the parcel of land within the District in proportion to the special benefits to be received by the parcel of land, from the Improvements. The Assessment is subject to an annual increase tied to the Consumer Price Index -All Urban Consumers for Northern California (San Francisco -Oakland -Hayward) as of December of each succeeding year (the "CP1"). The parcel of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Sonoma for the fiscal year 2024-25. For a more particular description of the parcel, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of Calaveras County. Dated: July 9, 2024 By Mary Grace Pawson PE, RCE: C044573 City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 17 Assessment Diagram The District Boundary and the parcels to be assessed in City of Rohnert Park Landscaping and Lighting District No 2024-01 (Westside Services) are displayed on the Assessment Diagram, which is on file with the City Clerk of the City of Rohnert Park. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Sonoma for Fiscal Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 18 ASSESSMENT DIAGRAM FOR CITY OF ROHNERT PARK LANDSCAPE & LIGHTING DISTRICT 2024-01 (WESTSIDE SERVICES) BUSINESS PARK OR 1 _ 0 CARLSOTV AVENUE r 7 j W r----------- A SSESSORs PARCEL Uj j 143-040-137 --- -_____-I J Wes' W Q _ ASSESSOR'S S V' Q1A3-040-139 PARCEL �� NOTE: REFERENCE IS HEREBY MADE TO THE MAPS AND DEED OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE COUNTY 3� SONOMA FOR THE DETAILED DESCRIPRON OF THE LINES AND DIMEH51CN5 OF ANY PARCELS SHOWN HEREON, THOSE MAPS SHALL BE FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF -A PARCELS, EACH PARCEL IS IDENTIFIED IN SAID MAP5 BY ITS DISTINCTIVE ASSESSOR'S PARCEL NUMBER F/LGa /N T.YE OfFICE LY TIJE qTY GLERK C/TY OF FOHN£RT PARK COUNTY OF SONOMA, STATE OF CAL/FQ?N/A THlS _DAY ➢F _ _� 2D24. YPA, pry CYCPK STA ]£ Q� CALI£Q4N/A R£GYIRDED /N THE OFAGi OF — LYTY LY£RK GV TY - RON 1 PARK THISNr_ OAY pF, SrATE OF JA 2024NIA SQ NA LOP£Z LYl£YA£ C'T1 ll£RK AN A55£SSMFNT WAS COIVF] 0 AND LENED EY IFIE L -NC OF ]NE GTY OF ROF/NERT PARK ON THE LO15 PIECES AND PARL£25 OF LAND ON ➢fA5 ASS'£SSA/£NT DIAGRAM __1AY FGR FISCAL YEAR 2025-M. AND SAND ASSE ENT D/AG AM AND Th'E ASSESSMENT ROLL FOR 5A10 E/563AL YEAR WERE R2FSP IN THE CAL/FQ4N/A. ON WE — — VA2021, IfFFRFNCE H7 HEFE9Y -OE TO 51IO RECG1£OED A55E55ME1T ROL( FGR AHE EXACT AMOUNT CF EACH ASSESSMENT LEN£O AGAINST I NOE111111 ITT 111N11of cRnPNlc sc N FEET) I min =zoo n. City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 19 LOCATION NAP COUNTY RECOROER'S STATEMENT H011R CFS O'llGY! L/ /N )NE bT/� AI RL CWNO'RECGFOEF, GCaFV SPVSra /£(� CALIFP%✓IA. FT TN£R£W£S1 GF 1 1 Q<F'G'/.NCTrT qFX CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA AS5FS, O 'S PARCEL :43-040-13], 135 & 143-040-139 SHEET 1 OF Assessment Roll - FY 2025-26 An Assessment Roll (a listing of all parcels assessed within the Assessment District and the amount of the assessment) is below. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this Report. These records shall govern for all details concerning the description of the parcel. Assessment Roll City of Rohnert Park Landscape and Lighting District 2024-01 (Westside Services) Assessor's Site Address Owner's Name Multi- Assessment Total Parcel Family per Unit Assessment Number Residential Units 143-040-139 591-641 Carlson 74 $1002.00 $74,148.00 Ave City of Rohnert Park Landscape & Lighting District 2024-01 (Westside Residential) Engineer's Report I July 2024 20 Westside Residential Landscape & Lighting District 19 Mary Grace Pawson, Planning Manager July 23, 2024 Pw-- v oiANERT PAR `Lf1LIFORN�� 62 Purpose of the Westside Landscape & Lighting District To comply with General Plan Policies To fulfill Development Agreement obligations To contribute to the cost of maintaining Improvements supportingAdega Phase II Location of the LLD BUSINESS PARK 6R Q GAFILEON AVENUE r----------- - Q W Adega I J ---- Z W SSEssoR s GR ACEL g Ade a 11 o a Camb��ifa3040139 00 J----------- Mq GTY OF RG♦NERT PARK Facilities Maintained by the LLD CAFLEON AVENUE ASSESSOR'S PARCEL W i 143-040-137 3 i--- Z171 iIL--------------- RCEL 40-1 aTY Gig RpMti r PARf4 W 3 WZ a PARK TO BE MAINTAINED J W 2 STREETLIGHTS & STREET FRONTAGE TO BE MAINTAINED AREA FOR DRAINAGE MAINTENANCE & MONITORING STREET FRONTAGE TO BE MAINTAINED 0 150 300 Feet nrmation Pre Resolution Resolution 45-day Ballot of Initiation of Intention Period (7/09/24) 1 (7/23/24) 1 (7/23-9/ 10) Resolution of Formation (9/ 10/24) Collection of Assessments (Annually on Tax Roll) Recommendation Approve a resolution adopting Proposition 218 assessment balloting process procedures Approve a resolution declaring intention to form LLD 2024-01 and levy assessment, preliminarily approving the Engineer's Report, providing notice of Public Hearing and ordering the mailing of assessment ballots N F eT LI) �M1LIFARpti� ITEM NO. 8.C. Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 23, 2024 Department: Development Services Submitted By: Alicia Giudice, Development Services Director Prepared By: Elliott Pickett, Associate Planner Agenda Title: Conduct a Public Hearing and Consider Adopting a Resolution Approving Amendments to the General Plan to Reflect the Expansion of the Tribal Reservation of the Federated Indians of Graton Rancheria (Not a Project under California Environmental Quality Act (CEQA) Guidelines 15378; Exempt Under CEQA Guidelines 15061(b)(3) and 15277) RECOMMENDED ACTION: Adopt a General Plan Amendment modifying figures and maps throughout the General Plan to reflect the expansion of the Federated Indians of Graton Rancheria tribal reservation. BACKGROUND: The Federated Indians of Graton Rancheria ("FIGR" or "Tribe") are a federally recognized Native American tribe whose reservation, just West of the City limits, has been held in trust since October 2010. When land is held in trust, the land title is transferred to the United States, in trust, for the benefit of that Tribe. Trust land is a legal status that grants certain benefits, protections, and limitations to the Tribe, including land use authority. (See Figure 1.) Figure 1: Historic Relationship of FIGR Reservation and Northwest Rohnert 0111, �i � � J Northwest Specific Plan ,zz771 Area r `` Wilfred -Do dell ,,Specific Plan Area ---- Sphere of Influence 21) year UCaB Development Areas F I G R Outside jurisdictions Lands City omits ITEM NO. 8.C. In May 2023, the US Department of the Interior accepted an additional 73.82 acres into the Tribal trust on behalf of the Tribe, including 20 parcels consisting of approximately 66 acres of land within the City limits of Rohnert Park. As stated in the notice from the Bureau of Indian Affairs, the Tribe anticipates, "using it [the lands] as a buffer against uncontrolled development surrounding the Tribe's reservation, as well as for the conservation and preservation of threatened and endangered species, wetlands, other environmental values, and gardening activities that support tribal citizens and the local community." Figure 2 illustrates the relationship between the expanded reservation and the City limits. Figure 2: Northwest Rohnert Park Since May 2023 � MAY •� �• Northwest Specific Plan ,, Area Jr FIR ;i kee ervation FIR Sphere of Influence "IC L� Wilfred-Dowdell Specific Plan Area -�'� ! ISM--.. -' f f' ---- Sphere of Influence - 20 year UGS Development Areas Qutslde jurisdictions c1ty limits Simultaneously, the City has been working on a comprehensive General Plan update. In October 2023, the City Council approved a contract amendment with Mintier Harnish, the City's General Plan consultant, for the additional work necessitated by the change in the Tribe's reservation, including updates to the land use modeling and environmental analysis. Staff anticipates having the environmental analysis ready for public review later this year and an update will be presented to both the Planning Commission and City Council when the technical analyses are complete. In order to ensure a clear comparison between existing conditions, the proposed General Plan uses and alternative land uses considered under the California Environmental Quality Act (CEQA), it is important that the City's current General Plan be updated to include the expanded boundaries of the Tribe's reservation. ANALYSIS: Amending the current General Plan to reflect the tribal reservation expansion will support the General Plan Update process, as it provides clarity that this change did not happen concurrently with the General Plan Update, but is part of existing conditions before the new General Plan is adopted. Because the CEQA analysis must compare proposed changes and alternatives to the existing conditions, it is critical that existing conditions are clearly illustrated and documented. The proposed General Plan amendment is limited to updating figures to reflect the current extent of the Tribe's reservation. The changes to land use authority in these areas occurred at the federal level; the 2 ITEM NO. 8.C. City had no involvement in the process. Approving this General Plan Amendment will not change any land uses, policies, or implementation for areas in the City and outside of the reservation. Approving the General Plan Amendment will provide clarity in how General Plan implementation will occur and better show buildout capacity under the current General Plan and reflect current conditions. PLANNING COMMISSION HEARING: The Planning Commission considered this item at a public hearing on July 11, 2024 and approved a resolution by a 4-0 vote recommending the City Council adopt the General Plan amendment (one Commissioner was absent). ENVIRONMENTAL ANALYSIS: As stated above, the proposed General Plan Amendment does not change any allowed uses, policies, or implementation; rather, it updates the General Plan to accurately reflect current conditions. Therefore, this General Plan amendment is not a "project" under California Environmental Quality Act (CEQA) Guidelines section 15378 as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment. Furthermore, even if the amendment were a project, it would be exempt under the "common sense exemption" in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility that the changes to maps and figures would have a significant effect on the environment, for the reasons mentioned above. Furthermore, CEQA would not apply under CEQA Guidelines section 15277, as the land affected by this amendment is located within the federal tribal trust, not within the state of California, and this change was subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (NEPA). STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The proposed General Plan Amendment supports the City Council's Goal "Planning and Infrastructure." The amendments would support the maintenance of an accurate General Plan and assist in the City's efforts on the comprehensive General Plan update. OPTIONS CONSIDERED: None. By law, the Environmental Impact Report (EIR) for the City's General Plan Update, must compare the General Plan Update to the existing General Plan. In order for this comparison to be as accurate and transparent as possible, it is important for the current General Plan to be amended to reflect the expanded reservation. FISCAL IMPACT/FUNDING SOURCE: There are no costs related to the preparation of this General Plan amendment other than existing staff time. This amendment is necessary to support a clear and transparent EIR review process for the updated General Plan. Department Head Approval Date: 07/02/2024 City Attorney Approval Date: 07/05/2024 City Manager Approval Date: 07/15/2024 Attachments: 1. Resolution approving a General Plan Amendment to Reflect the Expansion of the Federated Indians of Graton Rancheria's Tribal Reservation RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AMENDMENTS TO THE GENERAL PLAN TO REFLECT THE RESERVATION EXPANSION OF THE FEDERATED INDIANS OF GRATON RANCHERIA (VARIOUS APNS) WHEREAS; the City maintains its General Plan, in accordance with state law, to address issues related to physical development, growth, and conservation of City resources; WHEREAS; in May 2023, the US Department of the Interior accepted an additional 73.82 acres into trust on behalf of the Federated Indians of Graton Rancheria ("Tribe"), including 66 acres of land within the City limits of Rohnert Park, which is no longer under the land use authority of the City; WHEREAS; the amendments proposed under PLGP24-0002 would modify the Land Use Figure and all other figures and maps in the General Plan to illustrate the Tribe's expanded reservation, as shown in Exhibit A; WHEREAS; the purpose of the proposed amendments is to display accurate information within the City's General Plan, consistent with the requirements of state law; WHEREAS; on July 11, 2024, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; WHEREAS; the Planning Commission reviewed and considered the information contained in the General Plan Amendment application for the proposal and recommended approval of the proposed amendments; WHEREAS; pursuant to California Government Code Section 65090 and the RPMC, a public hearing notice was published for a minimum of 10 days prior to the public hearing in the Community Voice; WHEREAS; on July 23, 2024, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS; the City Council has reviewed and considered the information contained in the General Plan Amendment application for the proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park makes the following findings and determinations with respect to the proposed General Plan Amendment: Section 1. Recitals. The above recitations are true and correct. Resolution 2024-XXX 1 Section 2. CEQA Review. This General Plan amendment is not a "project" under the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment, as the amendment does not enact any changes to allowed uses, policies, or implementation; rather, it updates the General Plan to reflect current conditions accurately. Furthermore, even if the amendment were a project, it would be exempt under the "common sense exemption" in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility that the changes to maps and figures would have a significant effect on the environment, for the aforementioned reasons. Furthermore, CEQA would not apply under CEQA Guidelines section 15277, as the land affected by this amendment is located within the federal tribal trust, and this change was subject to review pursuant to the National Environmental Policy Act of 1969 (NEPA). Section 3. Findings. City Council makes the following findings concerning the General Plan amendments proposed by Planning Application No. PLGP24-0002: 1. That the proposed General Plan amendments would be consistent with specific policies in the Land Use Element of the General. Criteria Satisfied. The proposed General Plan amendments are consistent with specific goals and policies in Chapter 2 (Land Use and Growth Management). Goals and policies of this element address the location and intensity of new development, citywide land use policies, and growth management plans. As the proposed amendments only pertain to land where the City does not have land use authority, the amendments remain consistent with the existing specific policies. Furthermore, the amendments do not change any allowed uses, policies, or implementation for areas in the City and outside of the reservation; they merely update the General Plan to reflect current conditions with regards to land use authority accurately. 2. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendments to the General Plan Amendment. Criteria Satisfied. A duly noticed public hearing on the proposed General Plan Amendments was held by the Planning Commission on July 11, 2024 and duly noticed public hearing was held by the City Council on July 23, 2024, providing the opportunity for public testimony to be received and considered. 3. That the General Plan amendment will not cause the General Plan to become internally inconsistent. Criteria Satisfied. The General Plan addresses issues related to physical development, growth, and conservation of City resources. Amending the General Plan does not change any allowed uses, policies, or implementation for areas in the City and outside of the reservation; rather, it updates the General Plan to accurately reflect current conditions. Therefore, the proposed amendment will Resolution 2024-XXX 2 ensure that the General Plan maintains internal consistency by accurately reflecting the land over which the City has land use authority. Section 4. The City Council does hereby approve Planning Application No. PLGP24- 0002, General Plan Amendments, for northwest Rohnert Park (various APNs), as set forth in the General Plan Amendments attached to this Resolution as Exhibit A, in its entirety. DULY AND REGULARLY ADOPTED this 23rd day of July, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney CITY OF ROHNERT PARK Susan H. Adams, Mayor Attachments: Exhibit A — Amendments to the General Plan ELWARD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Resolution 2024-XXX 3 EXHIBIT A Amendments to the General Plan All figures and maps in the General Plan of the City of Rohnert Park, adopted July 25, 2000 (as amended) illustrating the northwest portion of Rohnert Park are to be amended as shown in Figure 1. The revised figures display the following parcels as part of the Federated Indians of Graton Rancheria Tribal Reservation, listed by Assessor's Parcel Numbers (APNs): 045-052-011* 045-072-001* 045-074-014 045-074-021 045-053-007 045-074-004 045-074-016 045-074-022 045-053-009 045-074-006 045-074-018 045-075-008 045-053-014 045-074-007 045-074-019 045-075-009 045-054-021 045-074-011 045-074-020 045-075-010 045-054-027 045-074-012 *Located within unincorporated Sonoma County; outside of the Rohnert Park City Limits Figure 1. Revisions to Maps and Figures in the General Plan Federated Indians of Graton Rancheria Tribal Reservation Expansion * 7 orthwWestl '9 pif; Flan Area ; FII I s r ra+; - - - - : ' FIF .; U .W Sphere of Influence AliIfred -L Dowdell ll Specific Plan Area Resolution 2024-XXX Exhibit A General Plan Amendment Federated Indians of Graton Rancheria (FIGR) Tribal Reservation Expansion City of Rohnert Park City Council July 23, 2024 Elliott Pickett Associate Planner Background Federated Indians of Graton Rancheria (FIGR) expanded tribal reservation in 2023 Reservation now includes parcels within the City boundaries Land in Tribal Trust =Tribe has land use authority, not City NW Rohnert Park in Recent Past 1 1 ' 1 ' 1 I ;I Northwest It Specific Plan Area FIGR Lands Sphere of Influence Wilfred-Dowdell ,Specific Plan i 0 C NW Rohnert Park since May 2023 Northwest e ffic Plan cl Area r m a mo mi m i� Pa. X Rene at i 4Imj f �i7ii■ i7i i J� Wilf r d-Dowd el I. Specific Area ti i Plan tib- t"i Golf 4 Plans for Rohnert in Recen NW Dill," "I "I'll, ov . .... ..... . Park t Past N 1 Specific Plan i 16 Wilfred I I�. Dowdell Specific Plan s _r KIW Rnhnmrt IEM; Park since May 2023 FIGR 1 Specific Wilfred Plan Dowdell • Specific . Plan r66.� .. • s s1311 �+-ems.• 1 J Proposed Amendment Amend all maps in current General Plan to reflect current tribal boundaries Northwest Specific Plan Area �r �I FIR R nervation FIFA . r Sphere of Influence ' I Wilfred - Dowd a l l i Specific Plan .. Area P�� % Golf 7 CEQA for this GP Amendment: Not a Project/Exempt General PlanAmendments reflect current conditions Action does not change any allowed uses, those changes already happened Tribe's actions subject to National Environmental PolicyAct (NEPA) Why Do This Now? Comprehensive General Plan Update Underway NEW Environmental Impact Report for Updated General Plan MUST compare existing and proposed conditions Expanded reservation must be shown consistently for proper CEQA analysis Recommended Action: Adopt a resolution approving a General Plan Amendment to reflect the expansion of the tribal reservation of the Federated Indians of Graton Rancheria Questions? Supplemental Slides ■ i' �I Northwest Specific Plan orzz!tn Area ' FIGR Lands I ere Ot Intl uence Wilfred-Dowdell Specific Plan A 400 Golf C 13 Northwest ecific Plan L. Sphere of I nflu ence ,W= ii w.n i Wflf re d - Do wd ell ,, Specific A,Area Plan -HH 14 General Plan Next Steps Finalize Policy Document revisions Updated Draft EIR in progress — relies on this amendment EIR circulation, public comment, and consultation periods Study sessions, adoption hearings