2024/08/20 City Council Agenda Packet
"We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow."
NOTICE IS HEREBY GIVEN THAT THE ROHNERT PARK CITY COUNCIL
WILL HOLD A SPECIAL MEETING
on Tuesday, August 20, 2024
Open Session: 5:00 p.m.
MEETING LOCATION: CITY HALL - COUNCIL CHAMBERS
Address: 130 Avram Avenue, Rohnert Park, CA 94928
PUBLIC PARTICIPATION: The Rohnert Park City Council welcomes your attendance, interest and
participation at this special meeting.
PUBLIC COMMENTS: Provides an opportunity for public comment on items listed on the agenda
(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. the day before the meeting, but can be emailed until the close
of the Agenda Item for which the comment is submitted. Email comments must identify Agenda Item
Number 2 in the subject line of the email. The emails will not be read for the record but will be
provided to Council. Please note that all e -mails sent to the City Council are considered to be public
records and subject to disclosure under the California Public Records Act.
City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org.
PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on
this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of
the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else
raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of
Rohnert Park at, or prior to the public hearing(s).
RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil
Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines
specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time
within which the decision may be challenged to the 90th day following the date that the decision becomes
final.
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
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT SPECIAL MEETING - CALL
TO ORDER/ROLL CALL
(Elward_____Rodriguez_____Sanborn______Giudice______Adams_____)
2. CONSIDER ADOPTING A RESOLUTION RESCINDING RESOLUTION 2024-035
CALLING FOR A CONSOLIDATED GENERAL MUNICIPAL ELECTION ON
NOVEMBER 5, 2024, CANCELLING THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION, AND APPOINTING THE ONLY NOMINATED PERSONS
FOR CITY COUNCIL IN DISTRICTS 1, 3 & 4
A. Staff Report
B. Public Comments
C. Resolution for Adoption: Resolution 2024-072 Rescinding Resolution 2024-035 Calling for A
Consolidated General Municipal Election on November 5, 2024, and Appointing the only
Nominated Persons for City Council in Districts 1, 3 & 4, and Canceling the General
Municipal Election scheduled for November 5, 2024
D. Council Motion/vote Motion/Vote:
(Elward_____Rodriguez_____Sanborn______Giudice______Adams_____)
3. 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 at
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.
CERTIFICATION OF POSTING OF AGENDA
I, Sylvia Lopez Cuevas, City Clerk, for the City of Rohnert Park, declare that the foregoing agenda was
posted and available for review on August 19, 2024, at Rohnert Park City Hall, 130 Avram Avenue,
Rohnert Park, California 94928. The agenda is also available on the City website at www.rpcity.org
Executed this 19th day of August, 2024, at Rohnert Park, California.
Sylvia Lopez Cuevas
Office of the City Clerk
Item No. 2
OAK #4873-7454-9720 v1 1
Meeting Date: August 20, 2024
Department: City Clerk’s Office
Submitted By: Sylvia Lopez Cuevas, City Clerk
Prepared By: Sylvia Lopez Cuevas, City Clerk
Agenda Title: Consider Adopting a Resolution Rescinding Resolution 2024-035 Calling for
a Consolidated General Municipal Election on November 5, 2024, Cancelling
the November 5, 2024 General Municipal Election, and Appointing the Only
Nominated Persons for City Council in Districts 1, 3 & 4
RECOMMENDED ACTION:
Adopt a resolution rescinding Resolution 2024-035 calling for a consolidated General Municipal
Election on November 5, 2024, and appointing the only persons nominated for City Council in
Districts 1, 3, and 4, and canceling the General Municipal Election scheduled for November 5,
2024.
BACKGROUND:
Elections Code §10229 allows for the appointment of those persons who have been nominated
when only one person is nominated to be elected from a legislative district. At the close of the
nomination period on August 9, 2024, only the incumbents for Council District 1, District 3 and
District 4 had filed as candidates for the General Municipal Election to be held on Tuesday,
November 5, 2024, each for a term of four (4) years.
CONFLICT OF INTEREST:
The three Council Members who are subject to the appointments addressed herein should recuse
themselves from discussing and voting on this item. Before discussion of the item, they should:
1. Disclose that discussing or voting on this item would create a conflict of interest
because it would have “a material personal financial effect” on them; and
2. Recuse themselves and leave the room after the above disclosure is made.
Because the recusal of the three affected Council Members will result in the loss of a quorum, the
“Rule of Necessity” will apply allowing one of the three affected Council Members to be randomly
selected to take part in the discussion and voting to reach a quorum.
ANALYSIS:
Pursuant to §10229(a) of the Elections Code, the City Clerk’s Certification states that there were
not more candidates than offices to be elected in each District and only one person - the incumbent
in each District - has been nominated for any elective office to be filled at the November 5, 2024
election. The City Clerk’s Certification is attached to the Resolution as Exhibit A.
Notice that there were not more candidates than offices to be elected in each legislative District
and that only one person was nominated for each elective office was published in the Press
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Item No. 2
OAK #4873-7454-9720 v1 2
Democrat on Thursday, August 15, 2024, and posted within the city and website. Given this
publication, the City Council can adopt the following course of action:
1) Appoint to the office the persons who have been nominated; or
2) Hold the election, if either no one or only one person per office has been nominated.
If by the 75th day before the municipal election (August 22, 2024), no person has been appointed
to office, the election shall be held.
Adoption of the attached Resolution will appoint the three nominees Samantha Rodriguez
(District 1), Gerard Giudice (District 3), and Jackie Elward (District 4) to the City Council for a
four-year term ending in December 2028. It will also cancel the November 5, 2024, election.
Consequently, the City Clerk will notify the Board of Supervisors of the County of Sonoma to take
all steps necessary to remove said election from the consolidated election scheduled for that date.
STRATEGIC PLAN AND COUNCIL/GOALS PRIORITIES ALIGNMENT:
This item aligns with the City’s Strategic Plan Goal C – Ensure the Effective Delivery of Public
Services and the City Value of Fiscal Responsibility.
OPTIONS CONSIDERED:
1. Staff recommends adopting the resolution rescinding Resolution 2024-035 calling for the
consolidated General Municipal Election on November 5, 2024, and appointing the
nominated incumbents.
2. Alternative: the Council may decide not to adopt this resolution and to hold an election.
This option is not recommended because it would not be fiscally responsible to hold an
election that is not legally required.
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.
FISCAL IMPACT/FUNDING SOURCE:
The City will avoid approximately $90,000 in election costs by canceling the General Municipal
Election scheduled for November 5, 2024.
City Manager Approval Date: 8/13/2024
City Attorney Approval Date: 8/14/2024
Attachments:
1. Proposed Resolution Canceling the November 5, 2024 election
a. Resolution Exhibit A - City Clerk’s Certification that there are not more candidates
than offices to be elected
2. Copy of Certification of Publication of the Notice
OAK #4891-7620-0152 v1
RESOLUTION NO. 2024-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
RESCINDING RESOLUTION 2024-035 CALLING FOR A CONSOLIDATED GENERAL
MUNICIPAL ELECTION ON NOVEMBER 5, 2024, CANCELLING THE NOVEMBER 5, 2024
GENERAL MUNICIPAL ELECTION, AND APPOINTING THE ONLY NOMINATED
PERSONS FOR CITY COUNCIL IN DISTRICTS 1, 3 & 4
WHEREAS, pursuant to §10229(a) of the Elections Code of the State of California, as of the close
of the nomination period on August 9, 2024, there are not more candidates than offices to be elected from
each legislative district and only one person has been nominated to be elected from each district;
WHEREAS, under those circumstances, §10229 of the Elections Code allows the City Council
to take the following course of action :
1. Appoint to the office the person who has been nominated; or
2. Hold the election if either no one or only one person has been nominated; and
WHEREAS, the City Clerk prepared and published on August 15, 2024, her Certification that
there were not more candidates than offices to be elected and only one person has been nominated to be
elected from each legislative district, a true and correct copy of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1: Resolution 2024-035 calling for a consolidated General Municipal Election on
November 5, 2024, is hereby rescinded, and the City Clerk is directed to work with the County of Sonoma
Board of Supervisors to remove references to the City’s general municipal election from all County ballot
materials.
SECTION 2: Pursuant to §10229(a) of the Elections Code of the State of California, the City
Council hereby appoints the following persons to the office(s) to which they were nominated and are
considered to be the same as being elected:
NAME OFFICE TERM
Samantha Rodriguez Member of the City Council, District 1 2024-2028
Gerard Giudice Member of the City Council, District 3 2024-2028
Jackie Elward Member of the City Council, District 4 2024-2028
SECTION 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter
it into the book of original resolutions.
Resolution 2024-072
Page 2 of 2
OAK #4891-7620-0152 v1
DULY AND REGULARLY ADOPTED this 20th day of August, 2024.
CITY OF ROHNERT PARK
____________________________________
ATTEST: Susan H. Adams, Mayor
______________________________
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:
______________________________
Michelle M. Kenyon, City Attorney
Attachment: Exhibit A
ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED AT THE NOVEMBER 5, 2024
GENERAL MUNICIPAL ELECTION FOR THE CITY OF ROHNERT PARK
I, Sylvia Lopez Cuevas, City Clerk of the City of Rohnert Park do hereby certify that
pursuant to § 10229, Elections Code of the State of California, to the following facts relating to
the General Municipal Election to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on August 9, 2024, there are not more candidates
than offices to be elected to the three district City Council positions. The persons so nominated
are:
NAME TERM OFFICE
Samantha Rodriguez 2024-2028 Member, City Council District 1
Gerard Giudice 2024-2028 Member, City Council District 3
Jackie Elward 2024-2028 Member, City Council District 4
That §10229 of the Elections Code allows the following course of action by the City
Council where only one person has been nominated for any office that is elected by legislative
district:
1. Appoint to the office the person who has been nominated.
2. Hold the election if only one person has been nominated.
A notice of these facts will be published on August 15, 2024, in the Press Democrat
pursuant to §6061 of the Government Code. The City Council will meet on Tuesday, August 20,
2024, at 5:00 p.m., in the Rohnert Park City Council Chambers, 130 Avram, Rohnert Park,
California to either make the appointments or direct an election to be held.
The persons appointed, if any, shall qualify and take office and serve exactly as if
elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the
offices pursuant to (1) above, the election shall be held.
If the City Council makes an appointment pursuant to § 10229, Elections Code, the City
Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the
appointment is made.
s/ Sylvia Lopez Cuevas
City Clerk & Elections Official
Dated: August 15, 2024
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Sonoma
I am a citizen of the United States and a
resident of the county aforesaid: am over
the age of eighteen years, and not a party
to or interested in the above entitled
matter. I am the principal clerk of the
printer of The Press Democrat, a
newspaper of general circulation, printed
and published DAILY IN THE City of
Santa Rosa, County of Sonoma; and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of Sonoma,
State of California, under the date of
November 29, 1951, Case number 34831,
that the notice, of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each
regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates to wit:
CITY CLERK’S CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED AT THE NOVEMBER
5, 2024 GENERAL MUNICIPAL ELECTION FOR THE CITY OF
ROHNERT PARK
I, Sylvia Lopez Cuevas, City Clerk of the City of Rohnert Park do hereby
certify that pursuant to § 10229, Elections Code of the State of California, to
the following facts relating to the General Municipal Election to be held on
Tuesday, November 5, 2024:
As of the close of the nomination period on August 9, 2024, there are not
more candidates than offices to be elected to the three district City Council
positions. The persons so nominated are:
NAME TERM OFFICE
Samantha Rodriguez 2024-2028 Member, City Council District 1
Gerard Giudice 2024-2028 Member, City Council District 3
Jackie Elward 2024-2028 Member, City Council District 4
That §10229 of the Elections Code allows the following course of action
by the City Council where only one person has been nominated for any office
that is elected by legislative district:
1. Appoint to the office the person who has been nominated.
2. Hold the election if only one person has been nominated.
A notice of these facts will be published on August 15, 2024, in the Press
Democrat pursuant to §6061 of the Government Code. The City Council will
meet on Tuesday, August 20, 2024, at 5:00 p.m., in the Rohnert Park City
Council Chambers, 130 Avram, Rohnert Park, California to either make the
appointments or direct an election to be held.
The persons appointed, if any, shall qualify and take office and serve
exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been
appointed to the offices pursuant to (1) above, the election shall be held.
If the City Council makes an appointment pursuant to § 10229, Elections
Code, the City Clerk shall not accept for filing any statement of write-in can-
didacy which is submitted after the appointment is made.
s/ Sylvia Lopez Cuevas
City Clerk & Elections Official
Dated: August 15, 2024
211862 – Pub Aug 15, 2024 1ti.
The Press Democrat - Legal Notices
08/15 - 08/15/2024
I certify (or declare) under penalty of perjury,
under the laws of the State of California, that the
foregoing is true and correct
08/15/2024Dated
at Santa Rosa, California
Stefanie Puckett
The Press Democrat 08/15/2024 Page 1 of 1