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HomeMy WebLinkAbout2022/05/24 City Council Agenda Packet "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION JOINT REGULAR MEETING Tuesday, May 24, 2022 Open Session: 5:00 PM PUBLIC PARTICIPATION: The Rohnert Park City Council welcomes your attendance, interest and participation at its regular meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chambers. The use of a mask or facial covering when attending the council meeting is strongly recommended, regardless of vaccination status. Members of the public are encouraged to observe the meeting on Cable Channel 26 or by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance with a maximum allowance of 30 minutes allotted per comment period, with time limits subject to modification by the City Council in accordance with the adopted City Council Protocols). Please fill out a speaker card prior to speaking. Members of the public may also provide advanced comments by email at publiccomment@rpcity.org Comments are requested by 3:00 p.m. on the day of the meeting, but can be emailed until the close of the Agenda Item for which the comment is submitted. Email comments must identify the Agenda Item Number in the subject line of the email. The emails will not be read for the record but will be provided to Council. Please note that all e-mails sent to the City Council are considered to be public records and subject to disclosure under the California Public Records Act. City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Giudice_____Hollingsworth-Adams_____Stafford_____Linares_____Elward_____) 2.PLEDGE OF ALLEGIANCE 3.PRESENTATIONS 3.A Mayor's Proclamation: Proclaiming June 2022 as Pride Month Item 3.A. 4.DEPARTMENT HEAD BRIEFINGS 5.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 6.CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. Council Motion/Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Linares_____Elward_____) 6.A Acceptance of Reports from Finance Department: 6.A.1. City Bills Demands for Payment Dated May 3 through May 16, 2022 6.A.2. RPFA - Cash Report for Month Ending March 31, 2022 6.A.3. Housing Successor Agency - Cash Report for Month Ending March 31, 2022 6.A.4. Successor Agency - Cash Report for Month ending March 31, 2022 6.A.5. City Cash Report for Month ending March 31, 2022 becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code Section 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. CITY COUNCIL STRATEGIC PRIORITIES: The Rohnert Park City Council adopted ten strategic priorities for 2022 (listed below in no particular order): a.Navigating through COVID-19 f.General Plan update b.Climate change g.Infrastructure, maintenance and beautification c.Police/community relations and accountability h.Make progress on the downtown d.Services for unhoused people i.Attract housing at all levels e.Financial health j.Memorable community experiences for all 6.B Approval of Minutes for: 6.B.1. City Council/RPFA/Successor Agency Joint Regular Meeting, May 10, 2022 6.B.2. City Council/RPFA/Successor Agency Joint Special Meeting, May 17, 2022 6.C Adopt Resolution 2022-047 Approving the Position Title, Salary Range and Associated Job Description for Senior Human Resources Analyst Item 6.C. 6.D Adopt Resolution 2022-048 Authorizing and Approving the Position Title, Salary Range, and Associated Job Description for Community Engagement Coordinator Item 6.D. 6.E Adopt Resolution 2022-049 Authorizing a Budget Amendment for Appropriation of $204,598 in 2018 Parks Bond Act Per Capita Grant funds for the Lydia Park Playground Renovation Project No. 2018-22 and Authorizing the Assistant City Manager to Execute Grant Contract Documents Item 6.E. 6.F Adopt Resolution 2022-050 Accepting Various Parkway Landscape Improvements within the Vast Oak West (Phase 1) Project Item 6.F. 6.G Adopt Resolution 2022-051 Adopting an Appropriations Limit for the City of Rohnert Park for Fiscal Year 2022-23 pursuant to Article XIII B of the California Constitution Item 6.G. 6.H Adopt Resolution 2022-052 Amending the Purchasing Policy to Grant the Assistant City Manager the Same Purchasing Authority as the City Manager Item 6.H. 6.I Adopt Resolution 2022-053 Declaring Weeds to be a Nuisance and Provide for Weed Abatement Pursuant to Government Code Sections 39560 Through 39588; Article 2 - Alternative Procedures for Weed and Rubbish Abatement and Set a Public Hearing For June 14, 2022 Item 6.I. 6.J Adopt Resolution 2022-054 Authorizing the Assistant City Manager to Sign an Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler’s Agreement to Be Bound by City’s Waste Delivery Commitment Item 6.J. 6.K Acceptance of Code Compliance First Quarter 2022 Report (January, February and March 2022) Item 6.K. 6.L Approve the Second Amendment to Agreement for Consultant Services with SDI Presence, LLC for Services to Support Implementation of Tyler Munis Finance and Human Resources System, Increasing Services by $171, 588 for Total Not-to-Exceed Contract Amount of $937,948 Item 6.L. 6.M Adopt Resolution 2022-057 Authorizing the Assistant City Manager to Execute a License Agreement with the Flynn Creek Circus, LLC for Use of the Community Center Lawn July 11 – 18, 2022 Item 6.M. 7.REGULAR ITEMS 7.A Consider Adopting a Resolution Appointing a Member to the Office of the Rohnert Park City Council for District 1 to serve until the November 8, 2022 General Municipal Election Results are Certified A. Staff Report B. Public Comments C. Resolution for Adoption: Resolution 2022-055 Appointing a Member to the Office of the Rohnert Park City Council for District 1 to Serve Until the November 8, 2022 General Municipal Election Results are Certified D. Council Motion/Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Linares_____Elward_____) Item 7.A. 7.B Discussion and Direction Regarding Regulations to the City Council Candidates’ Statements of Qualifications for the November 8, 2022 City of Rohnert Park Municipal Election A. Staff Report B. Public Comment C. Council Discussion/Direction Item 7.B. 7.C Consider Introducing by Title Only, and Waiving Reading of Ordinance No. 966, an Ordinance of the City Council of the City of Rohnert Park Adding Chapter 8.06 (Prohibitions on the Use and Sale of Products Containing Polystyrene and Requirements Relating to the Use of Compostable or Recyclable Products) to the Rohnert Park Municipal Code A. Staff Report B. Public Comments C. Ordinance for Introduction: Ordinance No. 966, an Ordinance of the City Council of the City of Rohnert Park Adding Chapter 8.06 (Prohibitions on the Use and Sale of Products Containing Polystyrene and Requirements Relating to the Use of Compostable or Recyclable Products) to the Rohnert Park Municipal Code D. Council Motion/Roll Call Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Linares_____Elward_____) Item 7.C. 7.D Discussion and Direction on the 2023 Housing Element Update A. Staff Report B. Public Comments C. Council Motion/Direction Item 7.D. 7.E PUBLIC HEARING: Conduct Public Hearing and Consider Adoption of a Resolution Approving the Issuance by the Independent Cities Finance Authority of Tax-Exempt Mobile Home Park Revenue Refunding Bonds and Taxable Mobile Home Park Revenue Refunding Bonds in an Aggregate Principal Amount Not to Exceed $25,000,000 for the Refinancing of Rancho Feliz Mobile Home Park and Las Casitas de Sonoma Mobile Home Park A. Staff Report B. Conduct Public Hearing C. Resolution for Adoption: Resolution 2022-056 Approving, Subject to the Terms and Conditions Herein Set Forth, the Issuance by the Independent Cities Finance Authority of Tax-Exempt Mobile Home Park Revenue Refunding Bonds and Taxable Mobile Home Park Revenue Refunding Bonds in an Aggregate Principal Amount Not to Exceed $25,000,000 for the Refinancing of Rancho Feliz Mobile Home Park and Las Casitas de Sonoma Mobile Home Park, Each Located in the City of Rohnert Park D. Council Motion/Vote: (Giudice_____Hollingsworth-Adams_____Stafford_____Linares_____Elward_____) Item 7.E. 7.F Discussion and Direction Regarding Potential Health and Human Services Hub in Rohnert Park A. Staff Report B. Public Comments C. Council Discussion/Direction Item 7.F. 8.COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. 8.A Standing Committee Reports: 1. Education Committee and Cotati-Rohnert Park Unified School District 2x2x2 Committee Joint Special Meeting (5/18) 8.B Liaison Reports: 1. Chamber of Commerce Board of Directors (5/17) 8.C Outside Agency Appointment Reports: 1. Santa Rosa Plain Groundwater Sustainability Agency (5/12) 2. Zero Waste Sonoma (5/19) 3. Mayors and Council Members' Association of Sonoma County Legislative Committee (5/20) 8.D Other Reports: 1. Golden Gate Bridge, Highway & Transportation District (5/20) 9.COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 10.MATTERS FROM/FOR COUNCIL Any member of the City Council may place an Item on “Matters from/for Council” before the City Council meeting by providing the City Manager with the title of the item before the agenda is published. The purpose of the City Council discussion on such item will be to determine whether it will be placed on a subsequent agenda for deliberation and action. A concurrence of two Councilmembers will be sufficient to add the item on a subsequent agenda. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 11.PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council should refer to Page 1 for information on how to submit public comments. 12.ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, please refer to page 1 for more details on submitting a public comment. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. AGENDA REPORTS & DOCUMENTS: A paper copy of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for publich inspection at City Hall, 130 Avram Avenue, Rohnert Park, California 94928. Electronic copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection on https://www.rpcity.org/city_hall/city_council/meeting_central. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at City Hall and on our website at the same time. Any writings or documents subject to disclosure that are provided to the City Council during the meeting will be made available for public inspection during meeting and on our website following the meeting. AMERICAN DISABILITY ACT ACCOMMODATION: Any member of the public who needs accommodations should email the ADA Coordinator at vperrault@rpcity.org or by calling 707-588- 2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources CERTIFICATION OF POSTING OF AGENDA I, _________________________, ____________________, for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on ______________ ______, _________, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org. Executed this _____ day of ________________, _________ at Rohnert Park, California. _____________________________ Office of the City Clerk THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Celebrating J UNE 2022 AS P RIDE M ONTH IN THE C ITY OF R OHNERT P ARK Whereas, the City of Rohnert Park is a diverse community that embraces people of all races, creeds, colors, backgrounds, sexual orientations, and gender identities; and Whereas, the month of June was designated Pride Month to commemorate the Stonewall Riots which occurred in June 1969 and are recognized as the catalyst of the LGBTQ rights movement; and Whereas, every June, communities across the United States celebrate the contributions of lesbian, gay, bisexual, transgender and queer-identified people and commemorate those individuals who fight to secure equality, have experienced discrimination and who have historically been disenfranchised of rights afforded to other Americans; and Whereas, in Rohnert Park we celebrate and support our LGBTQ community’s right to live their lives out loud - during Pride month and every month. As we celebrate Pride in our city, we must continue to demand equal rights for all to create a community for all; and Whereas, Pride Month is an opportunity to celebrate this harmony in which we coexist, Now, Therefore, be it Proclaimed that I, Jackie Elward, as Mayor and on behalf of the City Council, do hereby proclaim June 2022 as Pride Month in the City of Rohnert Park. I invite everyone to respect, honor, and celebrate the great diversity of our community and to continue building a culture of inclusiveness and acceptance for the LGBTQ community. Duly and Regularly Proclaimed this 24th day of May 2022. CITY OF ROHNERT PARK Jackie Elward, MAYOR Item 3.A. Item 6.A.1. Item 6.A.2. Item 6.A.3. Item 6.A.4. Item 6.A.5. ITEM NO. 6.B.1. 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, May 10, 2022 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Elward called the joint regular meeting to order at 5:02 p.m., the notice for which being legally noticed on May 5, 2022. Present: Jackie Elward, Mayor Gerard Giudice, Councilmember Susan Hollingsworth-Adams, Councilmember Pam Stafford, Councilmember Absent: Willy Linares, Vice Mayor Staff present: City Manager Jenkins, City Attorney Kenyon, Assistant City Manager Schwartz, Public Safety Director Mattos, Director of Development Services Pawson, Director of Public Works Garrett, Director of Community Services Bagley, Finance Director Bali, Senior Code Compliance Officer Kirk, Information Systems Operations Manager Rowley and Deputy City Clerk Machado. 2. PLEDGE OF ALLEGIANCE Led by Eleanor Caldwell, Girl Scouts, Troop 11359 and Frankie Knoy, Girl Scouts, Troop 1354. 3. PRESENTATIONS A. Mayor's Recognition: Honoring Middle School Performing Arts Booster Association for Organizing and Hosting the Battle of the Bands Mayor Elward read the recognition and presented it to Sage Oliva, MSPABA Secretary, Oliver Fraenkle, Middle School Band Director, Julie Advocate, MSPABA Treasurer, and band members Kiara Alvarez Ceja, Alondra Huanca Huaman, Avery Rottman, Thomas Davey, and Naomi Sparks. B. Mayor's Proclamation: Proclaiming May 2022 as Building Safety Month Mayor Elward read the proclamation and presented it to Mary Grace Pawson, Director Development Services, Sonia Espino, Community Development Technician, Lou Kirk, Senior Code Compliance Officer, Michelle Tasseff, Code Compliance Officer II, and Julie Warthin, Permit Technician. City of Rohnert Park Joint Regular Meeting Minutes for City Council May 10, 2022 RPFA/CDC Successor Agency Page 2 of 5 4. SSU STUDENT REPORT A. By Charles Bordy, Director of Legislative Affairs, Sonoma State University Associated Students, Inc. (SSU ASI) and Presentation of Mayor's Recognition Honoring Charles Bordy Mayor Elward read the recognition and presented it to Charles Bordy. Charles Bordy presented his student report. Mr. Bordy reported that Join Us Making Progress (JUMP) put together care packages for the homeless population, SSU ASI has not taken a position on the issue involving SSU President Sakaki, and he will be meeting with Senator Mike McGuire to discuss SSU ASI’s legislative positions and advocate for mental health services for students. 5. DEPARTMENT HEAD BRIEFING A. Independence Day Celebration Update Director of Community Services Bagley shared the City will hold the RP Jubilee on July 4, Noon to 4p.m. It will include live bands, cornhole tournament, carnival games/kids zone, middle school dance party, kids parade, baking contest, and food vendors. 6. PUBLIC COMMENTS Peter Alexander spoke in support of SSU President Sakaki and read a poem. Karen Hungerford spoke in support of SSU President Sakaki and spoke about the incarceration of Leonard Peltier Mumia Abu-Jamal. 7. CONSENT CALENDAR 7.A Acceptance of Reports from Finance Department: City Bills/Demands for Payment dated April 18 through May 3, 2022 7.B Approval of Minutes for: 7.B.1. City Council/RPFA/Successor Agency/Foundation Joint Special Meeting, April 18, 2022 7.B.2. City Council/RPFA/Successor Agency Joint Special Meeting, April 20, 2022 7.B.3. City Council/RPFA/Successor Agency Joint Regular Meeting, April 26, 2022 7.C Waive Adopt Resolution 2022-044 Finding the East Cotati Avenue Paving Project (Project 2017-17) Exempt from CEQA Pursuant to CEQA Guidelines Section 15301, Awarding the Construction Contract to Team Ghilotti, Inc. in the Amount of $1,614,046.32, Authorizing the Assistant City Manager to Approve up to $209,826.02 in Change Orders, Approving the Plans and Specifications, Approving Consultant Service Agreement for Construction Management Services for Substrate, Inc. in the Amount Not-to-Exceed $125,000.00, and Approving Budget Amendments for the Addition of $836,660.00 from Refuse Road Impact Fee, Gas Tax Fund, Gas Tax SB1 RMRA, Measure M, Infrastructure Reserve, the Pothole Repair Maintenance Project, and the Southwest/Commerce Roundabout Project (CIP 1707) 7.D Adopt Resolution 2022-045 Approving a Five Year Lease Agreement with Dell Technologies for a VXRAIL System to Replace the Information Technologies City Hall Server and Data Storage Infrastructure for an amount not to exceed $172,011.20 City of Rohnert Park Joint Regular Meeting Minutes for City Council May 10, 2022 RPFA/CDC Successor Agency Page 3 of 5 and Authorizing the Assistant City Manager to Execute that Agreement 7.E Adopt Resolution 2022-046 Approving Job Description and Salary Range for a Senior Accountant Position, Reclassifying an Accountant to a Senior Accountant, and Adding a Limited Term Accounting Technician II 7.F Authorize the Director of Public Works to Sign Encroachment Permit Applications with Sonoma Marin Area Rail Transit (SMART) for the Railroad Safety Improvements Project (Project 2020-12), and Delegate Authority to Director of Public Works to Execute Subsequent Encroachment Permits with SMART for Projects in the Railroad Right-of-Way 7.G Approve Amendment 1 to Task Order 2021-04 with Green Valley Consulting Engineers for Additional Construction Management and Inspection Services for the SOMO Planned Development Improvements in the Amount of $99,950.00 and Bringing the Total Task Order Value to $199,310 ACTION: Moved/seconded (Stafford/Giudice) to approve the consent calendar. Motion carried by the following 4-0-1 unanimous roll call vote: AYES: Giudice, Hollingsworth-Adams, Stafford, and Elward NOES: None, ABSENT: Linares, ABSTAINS: None. 8. REGULAR ITEMS A. Consider Waiving Second Reading of and Adopting Ordinance No. 964 Adopting a Military Equipment Use Policy. Director of Public Safety Mattos presented this item. Recommended Action(s): Waive second reading of and adopt Ordinance 964 in accordance with requirements under Assembly Bill No. 481. PUBLIC COMMENTS: Jim Duffy spoke about this item. ACTION: Moved/seconded (Stafford/Hollingsworth-Adams) to waive second reading of and adopt Ordinance No. 964. Deputy City Clerk Machado read the title. Motion carried by the following 4-0-1 unanimous roll call vote: AYES: Giudice, Hollingsworth-Adams, Stafford, and Elward NOES: None, ABSENT: Linares, ABSTAINS: None. B. Consider Introducing by Title Only, Waiving Reading of, and Adopting an Urgency Ordinance Amending Title 13 of the Rohnert Park Municipal Code to Enact Wellhead Protection Regulations By Adding Section 13.02.120 (Wellhead Protection) and Amending Section 13.06.040 (Violation –Additional Remedies). Director of Development Services Pawson presented this item. Recommended Action(s): Introduce by Title Only, Waive Reading, and Adopt An Urgency Ordinance Amending Title 13 of the Rohnert Park Municipal Code to Enact Wellhead Protection Regulations By Adding Section 13.02.120 (Wellhead Protection) and Amending Section 13.06.040 (Violation –Additional Remedies). PUBLIC COMMENTS: Steve Keith spoke about this item. City of Rohnert Park Joint Regular Meeting Minutes for City Council May 10, 2022 RPFA/CDC Successor Agency Page 4 of 5 ACTION: Moved/seconded (Stafford/Giudice) to introduce by title only, waive reading of, and adopt Ordinance No. 965 with “on the ground” added to Section 13.02.120 C. 3 and C. 4 as described by City Attorney Kenyon. Deputy City Clerk Machado read the title of the ordinance. Motion carried by the following 4-0-1 unanimous roll call vote: AYES: Giudice, Hollingsworth-Adams, Stafford, and Elward NOES: None, ABSENT: Linares, ABSTAINS: None. C. Consider Approving a Memorandum of Understanding with Child Parent Institute to Expand the Capacity of Services for Children and Families of John Reed Elementary School. Assistant City Manager Schwartz presented this item. Recommended Action(s): Approve a Memorandum of Understanding (MOU) with Child Parent Institute (CPI) to expand the capacity of services for children and families of John Reed Elementary School. PUBLIC COMMENTS: None. ACTION: Moved/seconded (Stafford/Elward) to approve a Memorandum of Understanding (MOU) with Child Parent Institute (CPI) to expand the capacity of services for children and families of John Reed Elementary School. Motion carried by the following 4-0-1 unanimous roll call vote: AYES: Giudice, Hollingsworth-Adams, Stafford, and Elward NOES: None, ABSENT: Linares, ABSTAINS: None. 9. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: None. B. Liaison Reports: None. C. Outside Agency Appointments: 1. Water Advisory Committee (WAC) to Sonoma Water (5/2) Director of Development Services Pawson reported on this meeting. 2. Sonoma Clean Power (5/5) Mayor Elward reported on this meeting. 3. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) (5/9) Councilmember Giudice reported on this meeting. D. Other Reports: City of Rohnert Park Joint Regular Meeting Minutes for City Council May 10, 2022 RPFA/CDC Successor Agency Page 5 of 5 None. 10. COMMUNICATIONS Councilmember Hollingsworth-Adams received a letter from Cully Williamson, owner of Mary Pizza Shack, regarding the homeless encampment and issues it is causing for his business. ACTION: At the request of Councilmember Hollingsworth-Adams and Stafford, staff is directed to add an item to a future agenda to discuss what we can do for businesses near the sanctioned encampment at Robert’s Lake. Councilmember Hollingsworth-Adams received emails from people in Valley Village regarding a soundwall. Councilmember Hollingsworth-Adams would like to know when the downtown will be discussed at a meeting so she notifiy those people. ACTION: By consensus (none opposed), Council requested a special meeting be scheduled to discuss downtown. 11. MATTERS FROM/FOR COUNCIL A. Request by Councilmember Stafford to Add CRV California Value Kiosk for Recycling to a Future Agenda ACTION: By consensus (none opposed), staff is directed to add an item to a future agenda to discuss CRV California Value Kiosk for Recycling. 12. PUBLIC COMMENT Gary Coffman spoke in support of Ordiance No. 964 and the CRV California Value Kiosk for Recycling and about public participation. 13. ADJOURNMENT Mayor Elward adjourned the joint regular meeting at 7:03 p.m. _____________________________________ __________________________________ Elizabeth Machado, Deputy City Clerk Jackie Elward, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 6.B.2 MINUTES OF THE SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, May 17, 2022 1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Elward called the special meeting to order at 3:33 p.m., the notice for which being legally noticed on May 13, 2022. Present: Jackie Elward , Mayor Susan Hollingsworth-Adams, Councilmember Gerard Giudice, Councilmember Pam Stafford, Councilmember Absent: Willy Linares, Vice Mayor Staff present: City Manager Jenkins, City Attorney Kenyon, Assistant City Manager Schwartz, Director of Development Services Pawson, Director of Public Safety Mattos, Director of Public Works Garrett, Housing Administrator Garcia, Senior Code Compliance Officer Kirk, IT Analyst Son, and City Clerk Lopez Cuevas. 2. DISCUSSION AND DIRECTION ON DOWNTOWN PRIORITIES REGARDING TIMING, COST, WORKFORCE HOUSING, HOUSING DENSITY, AND AMENITIES. City Manager Jenkins presented this item. Recommended Action(s): 1) early implementation timing for construction of the downtown; 2) a City cost approach balancing operating and debt service costs with anticipated revenues; 3) making 15% of the downtown housing units affordable to our workforce defined as families earning 80% of area median income or less; 4) including similar housing densities as already approved; and 5) providing a significant amount of high quality amenities as already approved. Councilmember Hollingsworth-Adams left the dais at 3:55 p.m. and returned at 3:56 p.m. PUBLIC COMMENTS: Jim DeFendall, Darlene Phillips, Charles Robinett, Kevin Maxemin, Steve Keith, Chris Borr, Paula Molnar, Chris Meyer, Calvin Weeks, Melissa Miller, Debby Benson-Miller, and Julie Hall spoke about this item. DIRECTION: By consensus (none opposed), Council directed staff to move forward with staff’s recommendation. City of Rohnert Park Special Meeting Minutes for City Council May 17, 2022 Page 2 of 2 3. ADJOURNMENT Mayor Elward adjourned the special meeting at 4:50 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, City Clerk Jackie Elward, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 6.C. 1 Meeting Date: May 24, 2022 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Victoria Perrault, Human Resources Director Agenda Title: Adopt a Resolution Approving the Position Title, Salary Range and Associated Job Description for Senior Human Resources Analyst RECOMMENDED ACTION: Adopt a resolution approving the position title, salary range and associated job description for Senior Human Resources Analyst. BACKGROUND: The City’s Human Resources Department currently includes staffing for a Director, three Human Resources Technicians and one Human Resources Analyst. During the budget study sessions on April 18, 2022, City Council approved reclassifying the Human Resources Analyst position to Senior Human Resources Analyst. ANALYSIS: Staff is proposing the attached job description for Senior Human Resources Analyst to reflect the expanded scope of duties performed by the incumbent Human Resources Analyst. These additional duties include system administration and position control budgeting for the Human Capital Management modules of the City’s new ERP system and timekeeping system, participating in supervisory responsibilities for Human Resources staff, and performing complex employee relations activities. Similar to the Human Resources Analyst position, the Senior Human Resources Analyst would also be in the unrepresented Confidential unit. The salary range for the Senior Human Resources Analyst position is proposed at 56CF ($102,395.17 - $124,461.34 annually), the same range as Senior Analyst, pursuant to the City’s latest classification and compensation study. Staff is proposing the incumbent Human Resources Analyst be reclassified to a Senior Human Resources Analyst. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Approving the proposed changes is consistent with Strategic Plan Goal A-2, which focuses on workforce development and succession planning, and Strategic Plan Goal C-1which emphasizes effective delivery of public services. OPTIONS CONSIDERED: 1. Recommended Option: Adopt a resolution approving the position title, salary range and Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.C. 2 associated job description for Senior Human Resources Analyst and reclassify incumbent from Human Resources Analyst to Senior Human Resources Analyst. 2. No other alternative was considered for the Senior Human Resources Analyst position as that would not align with approval at the Council Budget study sessions. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact for the proposed Senior Human Resources Analyst position will be approximately an additional $17,000 annually. The Senior Human Resources Analyst position has been included in the proposed fiscal year 2022-23 general fund budget presented at the Council study session on April 18, 2022. Department Head Approval Date: N/A Assistant City Manager Approval Date: 05/06/2022 City Attorney Approval Date: N/A Finance Approval Date: 5/4/22 Attachments: 1. Resolution Approving the Position Title, Salary Range and Associated Job Description for Senior Human Resources Analyst 2. Resolution Exhibit A – Senior Human Resources Analyst Job Description RESOLUTION NO. 2022-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE POSITION TITLE, SALARY RANGE AND ASSOCIATED JOB DESCRIPTION FOR SENIOR HUMAN RESOURCES ANALYST WHEREAS, staff has reviewed the needs of the Human Resources Department and is proposing to reclassify the Human Resources Analyst to a Senior Human Resources Analyst; and WHEREAS, staff received direction to reclassify a Human Resources Analyst to a Senior Human Resources Analyst at the Council Study Session on April 18, 2022; and WHEREAS, staff developed the position description, job title, and salary range for a Senior Human Resources Analyst position, which staff is proposing to use for the proposed reclassification. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the position title, salary range and associated job description for a Senior Human Resources Analyst, attached hereto as Exhibit “A” and incorporated by this reference, and the reclassification of a Human Resources Analyst to a Senior Human Resources Analyst starting Fiscal Year 2022-23. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to make necessary changes to the City’s budget to effectuate the proposed changes. DULY AND REGULARLY ADOPTED this 24th day of May, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ____________________________ Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A GIUDICE: _________HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A SENIOR HUMAN RESOURCES ANALYST (Proposed Salary Range 56CF - $102,395.17 - $124,461.34 annually) DEFINITION Under general direction, performs complex and varied technical, professional, and confidential work required to administer human resources programs, including recruitment, job analysis and classification, position control, compensation, benefits, training and development, and employee and labor relations; performs research and analysis; performs system administration for various human resources systems; provides consulting services to City departments related to all aspects of human resources programs and activities; leads and may supervise human resources technical staff; performs related duties, as assigned. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from the Human Resources Director. Exercises technical and functional direction and may exercise direct supervision over staff. CLASS CHARACTERISTICS This is an advanced journey-level classification that performs the full range of professional human resources work in the following areas: recruitment, job analysis and classification, compensation, benefits, training and development, risk management, and employee and labor relations. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines. EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Coordinates and implements recruitment processes for City departments; confers with departments to ascertain departmental needs; coordinates and/or produces recruitment flyers and position announcements; screens resumes and applications; identifies qualified applicants.  Organizes and administers oral and written examinations and results, including compiling test scores, preparing eligibility lists and candidate information, coordinating and/or conducting interviews, assisting departments in extending job offers, and coordinating follow-up pre-employment testing; monitors the hiring process and/or testing processes to assure adherence to applicable human resources policies.  Collects and compiles human resources data; prepares or assists in the preparation of monthly, quarterly, and year-end human resources, legal, summary, and technical reports, as directed.  Develops, reviews, and manages council reports; implements approved changes.  Participates in the selection of human resources technical staff; provides training in such areas as recruitment planning, exam development, City human resources policies, and federal and state employment law; assigns work.  Directs and reviews the work activities of human resources technical staff; prioritizes and coordinates work assignments; reviews work for accuracy; recommends improvements in workflow, procedures, and use of equipment and forms. Senior Human Resources Analyst Page 2 of 4  Manages position control; provides analysis and recommendations around new position requests and position changes; determines appropriate workforce codes and pay categories, including FLSA, EEO-4, bargaining unit and pay grade.  Serves as HR systems administrator for Applicant Tracking System (NeoGov), Human Capital Management/Payroll System (Munis) and Timekeeping System (ExecuTime); maintains codes and updates information, troubleshoots high level issues, provides training and assistance to users throughout the City.  Maintains City Pay Rates and Ranges document and posts to City website.  Coordinates human resources functions with payroll activities; ensures accurate maintenance of personnel transactions and status; processes fiscal year-end adjustments and mass changes (auto allowance, new health benefit rates, PERS rates, cost of living adjustments and minimum wage increases); communicates with Finance Director on MOA interpretation for payroll issues.  Conducts salary studies; researches salary and benefit information for use in the collective bargaining process, budget preparation, and cost analysis.  Assists employees and management with the interpretation and correct application of City policies, procedures, and programs; provides advice and assistance regarding employment issues; investigates employee complaints.  Coordinates the City’s training activities, including identifying training needs, arranging for training presenters, working with trainers to ensure the City’s needs and expectations are addressed, securing training sites, developing memos, flyers, emails, and voicemails, and providing visual aids and other materials as necessary; maintains training logs and records of completion.  Participates in labor contract negotiation processes with assigned bargaining units.  Assists in the administration of employee and retiree fringe benefits programs, including but not limited to medical, dental, vision, life insurance, disability, retirement, and COBRA.  Conducts personnel and workplace investigations; assists in responding to grievances and administering disciplinary actions; coordinates management referrals to the Employee Assistance Program.  Makes recommendations for the development and revision of human resources documents, procedures, and forms; assists in the development of policies, regulations, and procedures.  Conducts special research assignments, gathers data, and prepares reports for consideration by management or special committees.  Consults with supervisors regarding personnel related issues, needs, and services; counsels employees on human resources programs, policies, and processes; explains program provisions, procedures, and eligibility requirements; and assists employees with forms and human resources documents.  Conducts surveys and compiles data on administrative, human resources, and operational problems or issues.  Communicates with PERS to respond to information requests, resolve issues with retiree annuitants, and verify new employee status (Classic v PEPRA member).  Receives and screens visitors and telephone calls, providing a high level of customer service to both external and internal customers; provides information to City staff, other organizations, and the public, requiring the use of judgment and the interpretation of complex policies, rules, procedures, and ordinances.  Attends to a variety of office administrative details, such as keeping informed of departmental activities, transmitting information, processing contracts and agreements, attending meetings, preparing agendas and taking minutes, and serving on various task forces and committees.  Maintains and updates human resources pages on website and intranet.  Serves as project and technical lead for various projects and assignments; coordinates consultant activities as necessary.  Performs other related duties as assigned. In performing the duties described above, the incumbent is expected to: • Provide outstanding and friendly customer service. Senior Human Resources Analyst Page 3 of 4 • Create and maintain a respectful and collaborative working environment. • Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible. • Demonstrate care for the organization, customers, and coworkers. • Perform work of the highest quality possible. • Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Principles, practices, and techniques of human resources in a public agency setting, including recruitment and selection, equal employment opportunity, and affirmative action; job analysis and classification; compensation analysis and administration; training and development; employee and labor relations, including negotiations and the interpretation of laws, regulations, policies, and procedures.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.  Recent and on-going developments, current literature, and sources of information related to the operations of the assigned programs.  Record-keeping principles and procedures.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.  Modern equipment and communication tools used for business functions and program, project, and task coordination.  Computers and software programs to conduct, compile, and/or generate documentation. Ability to:  Conduct complex research projects on a wide variety of human resources topics, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.  Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Maintain confidentiality of sensitive personal information of applicants, employees, former employees, and other matters affecting employee relations.  Maintain accurate files and records.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.  Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.  Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Senior Human Resources Analyst Page 4 of 4 Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to a bachelor’s degree from an accredited college or university in human resources management, business or public administration, or a related field and four (4) years of professional experience in human resources administration. Licenses and Certifications:  Possession of, or ability to obtain, a valid California Driver’s License by time of appointment and a satisfactory driving record.  Possession of a Human Resources Certification through either HR Certification Institute (HRCI), International Public Management Association for Human Resources (IPMA-HR) or the Society for Human Resource Management (SHRM) is highly desirable. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 10 pounds. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. FLSA Status: Exempt Employee Unit: Confidential Approved By: Date Approved: ITEM NO. 6.D. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL STAFF REPORT Meeting Date: May 24, 2022 Department: Public Safety Submitted By: Tim Mattos, Director of Public Safety Prepared By: Nicole Litzie, Support Services Manager Agenda Title: Adopt a Resolution Authorizing and Approving the Position Title, Salary Range, and Associated Job Description for Community Engagement Coordinator RECOMMENDED ACTION: Adopt the attached resolution authorizing and approving the position title, salary range, and associated job description for Community Engagement Coordinator. BACKGROUND: In 2021, the City Council identified police accountability and community relations a priority. Since then, the Department of Public Safety has expanded or instituted a number of measures toward this goal, including hosting live and virtual community meetings, conducting a Civilian Public Safety Academy, and increasing a social media presence. The positive results from these efforts in terms of public support are encouraging, but current staffing limits the options for continued development of such programs. The Rohnert Park City Council accepted the staff recommendation to add the full-time Community Engagement Coordinator to the FY 2022-23 budget during the budget review hearing held on April 18th, 2022. This change will enable recruitment of a highly skilled and dedicated individual who will be able to meet the growing needs of the community. This position will expand community outreach programs, improve community engagement and participation, increase social media effectiveness, and enable the continued building of relationships between Public Safety and the public that Rohnert Park residents expect. ANALYSIS: Staff created a job description for the Community Engagement Coordinator position. Human Resources advised the Rohnert Park Employees’ Association (RPEA) of the proposed Community Engagement Coordinator position by providing the draft job description for review. RPEA had no objection to the job description. Staff recommends placement of the Community Engagement Coordinator position in RPEA salary range 43RP ($6,189.93 - $7,523.91 monthly), which contains other journey level specialized classifications such as Homeless Services Coordinator that are responsible for program development and analysis, relationship building with community and governmental groups, and a high degree of independent problem solving, with comparable education and experience requirements. The Public Safety Department is requesting approval of the job description and salary range to allow the recruitment process to begin due to a longer recruitment process requirement for the Public Safety Department. The Community Engagement Coordinator will be hired after the approval of the FY 2022-23 budget. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This action aligns with the City’s strategic plan in the following areas: • Strategic Goal A-1, Communicate with the Community and Team Members in Identifying Priorities and Possibilities. This position will significantly improve public engagement and communication with the community and City staff. • Strategic Goal C-1, Deliver High Quality, Cost Effective Services with Excellent Customer Service. This position will expand Public Safety services and while saving resources spent on ineffective social media and outreach campaigns. • Council Priority, Police Accountability and Community Relations. This employee will have the skills and time to be completely dedicated to supporting this priority. OPTIONS CONSIDERED: None: The proposed action implements the staffing plan approved with the City’s FY 2022-23 budget. FISCAL IMPACT/FUNDING SOURCE: The fiscal impacts of adding this position has been included in the Department’s operational budgets for FY 2022-23. There are no additional fiscal impacts associated with this action. Department Head Approval Date: 5/3/2022 Finance Director Approval Date: 5/3/2022 Human Resources Director Approval Date: 5/3/2022 City Attorney Approval Date: N/A City Manager Approval Date: 5/11/2022 Attachments: 1. Resolution Authorizing and Approving the Position Title, Salary Range, and Associated Job Description for Community Engagement Coordinator 2. Resolution Exhibit A - Community Engagement Coordinator Job Description RESOLUTION NO. 2022-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE POSITION TITLE, SALARY RANGE, AND ASSOCIATED JOB DESCRIPTION FOR COMMUNITY ENGAGEMENT COORDINATOR WHEREAS, the City’s proposed budget for fiscal year 2022-23 includes the addition of the new position in the Department of Public Safety; and WHEREAS, the Department of Public Safety needs additional skills and expertise to improve and expand the outreach programs dedicated to building and maintaining relationship with the public, including in addressing the City Council’s priority of police accountability and community engagement; and WHEREAS, staff developed a new job description for the Community Engagement Coordinator position that reflects the expected duties and performance of this position; and WHEREAS, staff consulted with the Rohnert Park Employees’ Association (RPEA) regarding the Community Engagement Coordinator as this position will be placed in the RPEA unit and RPEA had no objection to the job description; and WHEREAS, staff recommends placing the Community Engagement Coordinator position in RPEA salary range 43RP ($6,189.93 - $7,523.91 monthly). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the position title, salary range, and associated job description for the Community Engagement Coordinator which is attached hereto as Exhibit A and incorporated by this reference. DULY AND REGULARLY ADOPTED this 11th day of May, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) COMMUNITY ENGAGEMENT COORDINATOR Salary Range 43RP - $74,279.17 - $90,286.97 DEFINITION Under general supervision, develops, designs, implements and evaluates activities relating to the City’s community engagement and outreach programs; assists department management staff in representing the City to a variety of private, public, and community organizations and regulatory agencies; provides responsible technical and administrative assistance to department management staff; and performs related duties, as assigned. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from assigned supervisory or management staff. Exercises direct or general supervision over professional, technical, administrative staff, and/or volunteers. CLASS CHARACTERISTICS This is a journey level specialized class that is responsible for the administration of various community engagement and outreach programs and projects, including meeting facilitation, publicity campaign administration, analysis, and program or project development and evaluation. Successful performance of the work requires independent judgment and a strong knowledge of federal, state and local policies and programs, social media platforms and trends, and communications and marketing best practices. The work has technical and programmatic aspects, requiring the interpretation and application of policies, procedures, and regulations and may involve frequent contact with the media, staff, legal counsel, and the public, as well as performing various research functions. EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. • Develops and implements a variety of communications programs and outreach strategies to engage the community • Designs and implements social media campaigns and other outreach and education programs in response to department and community needs. • Represents the department at community meetings and forums related to department publicity of activities, policies, and engagement efforts, and acts as liaison to various local organizations. • Leads or assists in concept development, coordination, implementation, and participation in special events, including community meetings, school events, fairs, and other programs to increase public engagement and facilitate collaboration between the public and the department. • Works with community-based organizations, public officials and consultants, and others to develop and implement programs related to community engagement and outreach. • Collaborates with other City officials and staff; participates in coordinating marketing program activities with other City functions including Community Services and the City Manager’s office. • Attends and/or participates in public meetings, committees, and workshops including interdepartmental working groups. • Evaluates work processes and makes recommendations for improving program operations. Community Engagement Coordinator Page 2 of 4 • Writes news releases, news stories, web copy, public service announcements, newsletters, articles, brochures, copy for annual reports, and other publications and collateral for internal and external audiences; researches, writes, proofreads, and edits materials; coordinates media communication by routing to the appropriate responder when directed. • Compiles information, writes and presents reports and advises staff and decision-makers. • Analyzes data, researches and compiles information related to the efficacy of outreach programs. • Applies existing and emerging technologies to inform and engage the community, including a wide variety of social media platforms and other interactive and innovative tools. • Confers with representatives of other departments, committees and vendors as required by project assignments. • Performs other duties as assigned. In performing the duties described above, the incumbent is expected to: • Provide outstanding and friendly customer service. • Create and maintain a respectful and collaborative working environment. • Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible. • Demonstrate care for the organization, customers, and coworkers. • Perform work of the highest quality possible. • Practice and encourage initiative and innovation to improve the workplace. QUALIFICATIONS Knowledge of:  Basic principles, practices, and funding sources for planning and implementing community engagement and outreach programs and projects.  Basic principles and practices of project management.  Principles and techniques of conducting analytical studies, evaluating alternatives, and making sound recommendations.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.  Public relations techniques.  Techniques of contract administration.  Record-keeping principles and procedures.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.  Modern equipment and communication tools used for business functions and program, project, and task coordination.  Computers and software programs to conduct, compile, and/or generate documentation.  Methods and techniques of writing for a variety of media publications and platforms, in a professional manner.  Principles and practices of writing in a variety of styles, including business, promotional, and talking points.  Methods and practices applied in design and implementation of communications projects and programs.  Public/media relations industry practices and trends. Ability to:  Monitor project and programmatic administrative, budgeting, and fiscal activities. Community Engagement Coordinator Page 3 of 4  Learn and understand the organization and operation of the assigned department and of outside agencies as necessary to assume assigned responsibilities.  Prepare clear and effective reports, correspondence, and other written material.  Apply writing style and techniques appropriate for differing business and journalistic/public relations purposes and for a variety of internal and external audiences.  Research, develop, proofread, and edit written materials accurately and concisely.  Make accurate arithmetic, financial, and statistical computations.  Effectively conduct meetings and make presentations to various groups.  Analyze situations and identify pertinent problems/issues; collect relevant information; evaluate realistic options; and recommend/implement appropriate course of action.  Maintain accurate logs, records, and basic written records of work performed.  Understand and follow oral and written instructions.  Organize own work, set priorities, and meet critical time deadlines.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.  Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.  Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.  Appropriately implement communications projects and programs and keep abreast of politically sensitive matters.  Recommend various modalities of disseminating marketing and other positive communications regarding the City and its services.  Maintain accurate files, records, and archives. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to a bachelor’s degree from an accredited college or university in communications, media, sociology, public policy, business administration, or a related field, and three (3) years of professional work experience in public relations and/or communications, or a related field. Licenses and Certifications: Possession of, or ability to obtain, a valid California Driver’s License by time of appointment and a satisfactory driving record. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator and to operate standard office equipment. Positions in this classification Community Engagement Coordinator Page 4 of 4 occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 10 pounds. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. FLSA Status: Non-exempt Employee Unit: Rohnert Park Employees’ Association (RPEA) Approved By: Date Approved: ITEM NO. 6.E. Meeting Date: May 24, 2022 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Terrie Zwillinger, CIP Program Manager, Public Works Agenda Title: Adopt a Resolution Authorizing a Budget Amendment for Appropriation of $204,598 in 2018 Parks Bond Act Per Capita Grant funds for the Lydia Park Playground Renovation Project No. 2018-22 and Authorizing the Assistant City Manager to Execute Grant Contract Documents RECOMMENDED ACTION: Adopt a Resolution Authorizing a Budget Amendment for Appropriation of $204,598 in 2018 Parks Bond Act Per Capita Grant funds for the Lydia Park Playground Renovation Project No. 2018-22 and authorizing the Assistant City Manager to Execute Grant Contract Documents. BACKGROUND: On December 14, 2021 the City C ouncil adopted Resolution 2021-137 approving a funding application through the Parks and Water Bond Act of 2018 Per Capita Program in the amount of $204,598 for the renovation of the playground area at Lydia Park. The Grant allows the City to purchase and install new playground equipment at the park and construction of American Disabilities Act (ADA) improvements to the pathway from the park entrance at Lydia Court South to the playground, new garbage cans, park benches and a new water fountain. The funding application included results of a survey of homeowners and home renters within a one-mile radius of Lydia Park to determine what kind of playground equipment would be preferred at the park. The Parks and Recreation Commission on November 15, 2021 agreed with the survey results. The funding application was submitted in December 2021. A Capital Improvement Project has already been established for the project, entitled Lydia Park Playground Renovation Project No. 2018-22 with a budget of $18,000. ANALYSIS: On February 8, 2022, the City received two grant contracts from the State Department of Parks and Recreation for the 2018 Parks Bond Act Per Capita program for City signature. Contract C9801700 is in the amount of $177,952 and Contract C9802344 is in the amount of $26,646, for a total grant amount of $204,598. With City Council authorization, the funds would be appropriated to the Lydia Park Playground Renovation Project No. 2018-22, and the contract will be executed with the state. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.E. STRATEGIC PLAN AND PRIORITY ALIGNMENT This action is consistent with the following Strategic Plan Goals: GOAL C: Continue to Develop a Vibrant Community. As well as strategic priority: Infrastructure, beautification, and maintenance. OPTIONS CONSIDERED: Two options are considered regarding this item: 1. Recommended Option: Staff recommends accepting the two total grant amounts of $204,598 (grant application approved by Resolution 2021-137, on December 14, 2021), and authorizing the assistant city manager to execute them. 2. Alternative: The City Council could consider not accepting the grant, however this decision would be in conflict with the direction from the City Council on. December 14, 2021. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: If the grants are approved, the total approved budget for the Lydia Park Playground Renovation Project would be $222,598 ($204,598 from the 2018 Parks Bond Act Per Capita program grants and $18,000 of Neighborhood Upgrade and Workforce Housing funds from the FY 2018-19 Budget). Department Head Approval Date: 5/9/22 Finance Approval Date: 5/9/22 City Attorney Approval Date: 5/9/22 Assistant City Manager Approval Date: 5/10/22 Senior Code Compliance Officer Approval Date: N/A Attachments: 1. Resolution Authorizing a Budget Amendment for Appropriation of $204,598 in 2018 Parks Bond Act Per Capita Grant funds for the Lydia Park Playground Renovation Project No. 2018-22 and Authorizing the Assistant City Manager to Execute Grant Contract Documents 2. Exhibit A: Grant Contract C9801700 in the amount of $177,952 3. Exhibit B: Grant Contract C9802344 in the amount of $26,646, RESOLUTION NO. 2022-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING A BUDGET AMENDMENT FOR APPROPRIATION OF $204,598 IN 2018 PARKS BOND ACT PER CAPITA GRANT FUNDS FOR THE LYDIA PARK PLAYGROUND RENOVATION PROJECT NO. 2018-22 WHEREAS; On December 14, 2021 the City Council adopted Resolution 2021-137 approving a funding application through the Parks and Water Bond Act of 2018 Per Capita Program in the amount of $204,598 for the renovation of the playground area at Lydia Park; and WHEREAS, a Capital Improvement Project has already been established for the project, entitled Lydia Park Playground Renovation Project No. 2018-22 with a budget of $18,000; and WHEREAS, on February 8, 2022, the City received two grant contracts from the State Department of Parks and Recreation for the 2018 Parks Bond Act Per Capita program grant for a total amount of $204,598, Exhibit A and B; and WHEREAS, with City Council authorization, the funds would be appropriated to the Lydia Park Playground Renovation Project No. 2018-22. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Assistant City Manager to approve a Budget Amendment for appropriation of $204,598 in 2018 Parks Bond Act Per Capita Grant funds to the Lydia Park Playground Renovation Project No. 2018-22. BE IT FURTHER RESOLVED that the Assistant City Manager is hereby authorized and directed to execute documents (Exhibits A and B) pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 24th day of May, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A & Exhibit B GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) State of California  Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director P.O. Box 942896  Sacramento, CA 94296-0001 (916) 653-7423 February 8, 2022 Cindy Bagley Director of Community Services City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Re: 2018 Parks Bond Act Per Capita Contract Number: C9801700 Dear Cindy Bagley: Enclosed is a contract for the above-referenced program. Please sign and return it within 30 days. We will send you a copy after it is signed by the State. Please remember that any projects funded by this contract must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. If you have any questions, please contact me at (916) 860-4970 or email me at Erin.Spencer@parks.ca.gov. Sincerely, Erin Spencer Project Officer Enclosure(s) State of California - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2018 Parks Bond Act Per Capita Grant Program GRANTEE THE PROJECT PERFORMANCE PERIOD is from Grantee The General and Special Provisions attached are made a part of and incorporated into the Contract. By Title Date (Signature of Authorized Representative) By Date STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION City of Rohnert Park City of Rohnert Park The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California. PROJECT NO. CERTIFICATION OF FUNDING (For State Use Only) AMOUNT ENCUMBERED BY THIS DOCUMENT CONTRACT NO FUND. PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT FISCAL SUPPLIER I.D. TOTAL AMOUNT ENCUMBERED TO DATE $ ITEM CHAPTER STATUTE FISCAL YEAR Reporting Structured.Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE 2021/22 C9801700 3790-101-6088 29 69801 Drought, Water, Cln Air, Cstl Protc, Outdoor Fund 37900091 5432000-5432000000 $177,952.00 0000003180 18 AMENDMENT NO $177,952.00 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 July 01, 2018 through June 30, 2024 18-49-012 1 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Rohnert Park (hereinafter referred to as “GRANTEE”). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$177,952___, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_. II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation. 4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The 2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. B. Project Execution 1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT. 3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.). 4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.). C. Project Costs 1. GRANTEE agrees to abide by the PROCEDURAL GUIDE. 2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. D. Project Administration 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required. 3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause 4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 5 termination or issuance of final payment, whichever is later. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. I. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT. 6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. J. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability 1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project. M. Assignability 7 Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. _City of Rohnert Park____________________________________ GRANTEE By:__________________________________ Signature of Authorized Representative Title: _________________________________ Date: _________________________________ STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: _________________________________ Date: _________________________________ 8 State of California  Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director P.O. Box 942896  Sacramento, CA 94296-0001 (916) 653-7423 February 8, 2022 Cindy Bagley Director of Community Services City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Re: 2018 Parks Bond Act Per Capita Contract Number: C9802344 Dear Cindy Bagley: Enclosed is a contract for the above-referenced program. Please sign and return it within 30 days. We will send you a copy after it is signed by the State. Please remember that any projects funded by this contract must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. If you have any questions, please contact me at (916) 860-4970 or email me at Erin.Spencer@parks.ca.gov. Sincerely, Erin Spencer Project Officer Enclosure(s) State of California - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2018 Parks Bond Act Per Capita Grant Program GRANTEE THE PROJECT PERFORMANCE PERIOD is from Grantee The General and Special Provisions attached are made a part of and incorporated into the Contract. By Title Date (Signature of Authorized Representative) By Date STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION City of Rohnert Park City of Rohnert Park The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California. PROJECT NO. CERTIFICATION OF FUNDING (For State Use Only) AMOUNT ENCUMBERED BY THIS DOCUMENT CONTRACT NO FUND. PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT FISCAL SUPPLIER I.D. TOTAL AMOUNT ENCUMBERED TO DATE $ ITEM CHAPTER STATUTE FISCAL YEAR Reporting Structured.Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE 2021/22 C9802344 3790-101-6088 23 69803 Drought, Water, Cln Air, Cstl Protc, Outdoor Fund 37900091 5432000-5432000000 $26,646.00 0000003180 19 AMENDMENT NO $26,646.00 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2038 July 01, 2018 through June 30, 2024 18-49-013 1 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Rohnert Park (hereinafter referred to as “GRANTEE”). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$26,646___, subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_. II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation. 4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The 2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. B. Project Execution 1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT. 3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.). 4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.). C. Project Costs 1. GRANTEE agrees to abide by the PROCEDURAL GUIDE. 2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. D. Project Administration 1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required. 3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause 4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 5 termination or issuance of final payment, whichever is later. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. I. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT. 6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. J. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability 1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project. M. Assignability 7 Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. _City of Rohnert Park____________________________________ GRANTEE By:__________________________________ Signature of Authorized Representative Title: _________________________________ Date: _________________________________ STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: _________________________________ Date: _________________________________ 8 ITEM NO. 6.F. 1 Meeting Date: May 24, 2022 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Adopt a Resolution Accepting Various Parkway Landscape Improvements within the Vast Oak West (Phase 1) Project RECOMMENDED ACTION: Adopt a resolution accepting various parkway landscape improvements within the Vast Oak West (Phase 1) project. BACKGROUND: The approved Specific Plan for the University District requires the developer to construct the onsite and many of the offsite improvements necessary to serve the development and ensure that adequate infrastructure is available. The University District developer has been executing this construction in phases that align with phases of residential development. Vast Oak West (Phase 1) includes the Cypress West, Mulberry and Magnolia neighborhoods that are generally located north of Rohnert Park Expressway, south of Hinebaugh Creek and west of Twin Creeks Park. On November 24, 2015, the City Council adopted Resolution 2015-182, approving a series of Public Improvement Agreement with the University District LLC and Vast Oak Properties L.P. including various in-tract park and parkway landscaping improvements within the Vast Oak West (Phase 1) portion of the University District. The Developer posted a series of bonds with the City to secure the completion of this work. While the majority of the Vast Oak West improvements have been completed and accepted, the City delayed accepting the parkway strip landscaping improvements until all residential construction was complete, in order to assure that the finished landscaping was not damaged by construction activity. In accordance with the Master Maintenance Agreement for the University District, the parkway strip landscaping, while owned by the City, will be maintained by the University District Homeowner’s Association (HOA) and is not a maintenance obligation of the City. Representatives of the Developer, the HOA and the City’s inspection team have recently reviewed the parkway strip landscaping and have confirmed it has been installed to plan. The Developer is now requesting that the City accept these improvements as complete, file a Notice of Completion and return the performance and labor and material bonds to the Developer. ANALYSIS: Staff is requesting that the City Council recognize the completion of the parkway strip landscape improvement and authorize related actions including the filing of Notice of Completion, and Certificate of Acceptance and return of the developers bonds. These actions are the final steps in recognizing the completion of the developer constructed improvements and transferring maintenance responsibility to the HOA. The landscape improvements, including all punch list work, are complete. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.F. 2 There are no mechanics liens. No warranty bond is required because the ongoing maintenance responsibility rests with the HOA. STRATEGIC PLAN and CITY COUNCIL PRIORITY ALIGNMENT: The recommended action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. This action is also consistent with the Council’s priority of developing housing at all levels. OPTIONS CONSIDERED: None. Accepting the improvements and returning the Developer’s bonds is consistent with the City’s Municipal Code requirements for new subdivisions. FISCAL IMPACT/FUNDING SOURCE: Upon acceptance, the City will receive landscape assets with a value of $1.24 million. Maintenance of the parkway strip landscaping improvements is the responsibility of the University District HOA. Funding for ongoing maintenance work will be provided by the HOA dues paid by homeowners in the University District. Department Head Approval Date: 05/02/2022 Code Compliance Review: NA Finance Director Approval Date: NA City Attorney Approval Date: 05/06/2022 City Manager Approval Date: 05/11/2022 Attachments: 1. Attachment 1 – Bond Estimates for Various Parkway Landscape Improvements within the Vast Oak West (Phase 1) Project 2. Resolution Accepting Various Parkway Landscape Improvements within the Vast Oak West (Phase )1 Project 3. Resolution Exhibit A – Notice of Completion – Various Parkway Landscape Improvements within the Vast Oak West (Phase 1) Project 4. Resolution Exhibit B – Certificate of Acceptance – Various Parkway Landscape Improvements with the Vast Oak West (Phase 1) Project University District Vast Oak West Cypress 1-A OPINION OF PROBABLE LANDSCAPE CONSTRUCTION COSTS ROHNERT PARK, CALIFORNIA 5-Aug-15 NO. ITEM UNIT QUAN. COST EXTENSION TOTAL LANDSCAPE 1 Soil prep. & fine grading SF 32,340 0.45$ 14,553.00$ 2 Linear Root Barrier (8' length x 24" depth) LF 2,160 40.00$ 86,400.00$ 3 Bark Mulch Area SF 32,340 0.50$ 16,170.00$ 4 24" Box Trees EA 135 275.00$ 37,125.00$ 5 5 Gallon Shrubs EA 389 25.00$ 9,725.00$ 6 1 Gallon Shrubs EA 8 9.00$ 72.00$ 7 Groundcover Area EA 2,790 9.00$ 25,110.00$ Sub-total 189,155.00$ 189,155.00$ IRRIGATION 8 Shrub Drip Irrigation Systems SF 32,340 1.00$ 32,340.00$ 9 Tree Bubbler - Root Watering System (2 per tree) EA 135 85.00$ 11,475.00$ 10 3" Sch 40 PVC mainline LF 4,966 3.95$ 19,615.70$ 11 Mainline Sleeving LF 2,214 6.30$ 13,948.20$ 12 Lateral Sleeving LF 3,404 3.15$ 10,722.60$ 13 1" Brass Quick Coupler Valve w/ rnd. Box EA 46 140.00$ 6,440.00$ 14 2" Bronze Isolation Gate Valve w/ rnd. Box EA 11 275.00$ 3,025.00$ 15 Electric RCV w/ rect. box EA 6 285.00$ 26.00$ 16 Electric Drip RCV assembly w/ rect. box EA 8 300.00$ 58.00$ Sub-total 97,650.50$ 97,650.50$ SUB TOTAL :286,805.50$ 15% CONTINGENCY:43,020.83$ GRAND TOTAL :329,826.33$ ITEMS NOT INCLUDED 1 Fees & Permits 2 Performance Bonds 3 90 Day Maintenance 4 Rough Grading (per civil) 5 Concrete Sidewalk (per civil) 6 Concrete Curb, Gutter & ADA Ramps (per civil) 7 Drain Inlets (per civil) 8 Water Meter (per civil) 9 Soundwall w/ Pilasters 10 Metered Electric Service Pedestal (per joint trench) 11 Streetlights (per joint trench) University District Vast Oak West Mulberry at University District 1B OPINION OF PROBABLE LANDSCAPE CONSTRUCTION COSTS ROHNERT PARK, CALIFORNIA 5-Aug-15 NO.ITEM UNIT QUAN.COST EXTENSION TOTAL LANDSCAPE 1 Soil prep. & fine grading SF 29,980 0.45$ 13,491.00$ 2 Linear Root Barrier (8' length x 24" depth)LF 2,560 $40.00 $18,000.00 3 Bark Mulch Area SF 29,980 0.50$ 14,990.00$ 4 24" Box Trees EA 160 275.00$ 44,000.00$ 5 5 Gallon Shrubs EA 171 25.00$ 4,275.00$ 6 Groundcover Area (1 Gallon)EA 3,081 9.00$ 27,729.00$ Sub-total 122,485.00$ 122,485.00$ IRRIGATION 7 Shrub Drip Irrigation Systems SF 29,980 1.00$ 29,980.00$ 8 Tree Bubbler - Root Watering System (2 per tree)EA 320 85.00$ 27,200.00$ 9 3" Sch 40 PVC mainline LF 7,224 3.95$ 28,534.80$ 10 Mainline Sleeving LF 2,823 6.30$ 17,784.90$ 11 Lateral Sleeving LF 2,754 3.15$ 8,675.10$ 12 2" Backflow Preventer EA 1 1,200.00$ 1,200.00$ 13 2" Flow Sensor EA 1 425.00$ 425.00$ 14 2" Master Valve EA 1 575.00$ 575.00$ 15 Central ET Remote Control Irrigation Controller EA 1 3,000.00$ 3,000.00$ 16 1" Brass Quick Coupler Valve w/ rnd. Box EA 1 140.00$ 140.00$ 17 2" Bronze Isolation Gate Valve w/ rnd. Box EA 17 275.00$ 4,675.00$ 18 Electric RCV w/ rect. box EA 6 285.00$ 1,710.00$ 19 Electric Drip RCV assembly w/ rect. box EA 5 300.00$ 1,500.00$ Sub-total 125,399.80$ 125,399.80$ MISCELLANEOUS 20 90 Day Maintenance SF 208,463 0.02$ 4,169.26$ Sub-total 4,169.26$ 4,169.26$ SUB TOTAL : 15% CONTINGENCY:252,054.06$ GRAND TOTAL :37,808.11$ 289,862.17$ ITEMS NOT INCLUDED 1 Fees & Permits 7 Drain Inlets (per civil) 2 Performance Bonds 8 Water Meter (per civil) 3 Consultant Costs 9 Soundwall w/ Pilasters 4 Rough Grading (per civil)10 Metered Electric Service Pedestal (per joint trench) 5 Concrete Sidewalk (per civil)11 Streetlights (per joint trench) 6 Concrete Curb, Gutter & ADA Ramps (per civil) University District Vast Oak West Magnolia at University District 1C OPINION OF PROBABLE LANDSCAPE CONSTRUCTION COSTS ROHNERT PARK, CALIFORNIA 5-Aug-15 NO.ITEM UNIT QUAN.COST EXTENSION TOTAL LANDSCAPE 1 Soil prep. & fine grading SF 16,966 0.45$ 7,634.70$ 2 Linear Root Barrier (8' length x 24" depth)LF 1,616 $40.00 $18,000.00 3 Bark Mulch Area SF 16,966 0.50$ 8,483.00$ 4 24" Box Trees EA 101 275.00$ 27,775.00$ 5 1 Gallon Shrubs EA 553 9.00$ 4,977.00$ 6 Groundcover Area EA 1,390 9.00$ 12,510.00$ Sub-total 79,379.70$ 79,379.70$ IRRIGATION 7 Shrub Drip Irrigation Systems SF 16,966 1.00$ 16,966.00$ 8 Tree Bubbler - Root Watering System (2 per tree)EA 202 85.00$ 17,170.00$ 9 3" Sch 40 PVC mainline LF 4,287 3.95$ 16,933.65$ 10 Mainline Sleeving LF 318 6.30$ 2,003.40$ 11 Lateral Sleeving LF 493 3.15$ 1,552.95$ 12 2" Backflow Preventer EA 1 1,200.00$ 1,200.00$ 13 2" Flow Sensor EA 1 425.00$ 425.00$ 14 2" Master Valve EA 1 575.00$ 575.00$ 15 Central ET Remote Control Irrigation Controller EA 1 3,000.00$ 3,000.00$ 16 1" Brass Quick Coupler Valve w/ rnd. Box EA 3 140.00$ 420.00$ 17 2" Bronze Isolation Gate Valve w/ rnd. Box EA 17 275.00$ 4,675.00$ 18 Electric RCV w/ rect. box EA 5 285.00$ 1,425.00$ 19 Electric Drip RCV assembly w/ rect. box EA 5 300.00$ 1,500.00$ Sub-total 67,846.00$ 67,846.00$ MISCELLANEOUS 20 90 Day Maintenance SF 208,463 0.02$ 4,169.26$ Sub-total 4,169.26$ 4,169.26$ SUB TOTAL :151,394.96$ 15% CONTINGENCY:22,709.24$ GRAND TOTAL :174,104.20$ ITEMS NOT INCLUDED 1 Fees & Permits 7 Drain Inlets (per civil) 2 Performance Bonds 8 Water Meter (per civil) 3 Consultant Costs 9 Soundwall w/ Pilasters 4 Rough Grading (per civil)10 Metered Electric Service Pedestal (per joint trench) 5 Concrete Sidewalk (per civil)11 Streetlights (per joint trench) 6 Concrete Curb, Gutter & ADA Ramps (per civil) University District Vast Oak West Cypress 1-D OPINION OF PROBABLE LANDSCAPE CONSTRUCTION COSTS ROHNERT PARK, CALIFORNIA 5-Aug-15 NO. ITEM UNIT QUAN. COST EXTENSION TOTAL LANDSCAPE 1 Soil prep. & fine grading SF 9,480 0.45$ 4,266.00$ 2 Linear Root Barrier (8' length x 24" depth) LF 736 40.00$ 29,440.00$ 3 Bark Mulch Area SF 9,480 0.50$ 4,740.00$ 4 24" Box Trees EA 46 275.00$ 12,650.00$ 5 5 Gallon Shrubs EA 124 25.00$ 3,100.00$ 6 1 Gallon Shrubs EA 4 9.00$ 36.00$ 7 Groundcover Area EA 883 9.00$ 7,947.00$ Sub-total 62,179.00$ 62,179.00$ IRRIGATION 8 Shrub Drip Irrigation Systems SF 9,480 1.00$ 9,480.00$ 9 Tree Bubbler - Root Watering System (2 per tree) EA 46 85.00$ 3,910.00$ 10 3" Sch 40 PVC mainline LF 1,769 3.95$ 6,987.55$ 11 Mainline Sleeving LF 708 6.30$ 4,460.40$ 12 Lateral Sleeving LF 1,664 3.15$ 5,241.60$ 13 1" Brass Quick Coupler Valve w/ rnd. Box EA 17 140.00$ 2,380.00$ 14 2" Bronze Isolation Gate Valve w/ rnd. Box EA 2 275.00$ 550.00$ 15 Electric RCV w/ rect. box EA 3 285.00$ 26.00$ 16 Electric Drip RCV assembly w/ rect. box EA 4 300.00$ 58.00$ Sub-total 33,093.55$ 33,093.55$ SUB TOTAL :95,272.55$ 15% CONTINGENCY:14,290.88$ GRAND TOTAL :109,563.43$ ITEMS NOT INCLUDED 1 Fees & Permits 2 Performance Bonds 3 90 Day Maintenance 4 Rough Grading (per civil) 5 Concrete Sidewalk (per civil) 6 Concrete Curb, Gutter & ADA Ramps (per civil) 7 Drain Inlets (per civil) 8 Water Meter (per civil) 9 Soundwall w/ Pilasters 10 Metered Electric Service Pedestal (per joint trench) 11 Streetlights (per joint trench) University District Vast Oak West Karrington Road, Kerry Road & Kingwood Road (within Vast Oak West) OPINION OF PROBABLE LANDSCAPE CONSTRUCTION COSTS ROHNERT PARK, CALIFORNIA 5-Aug-15 NO.ITEM UNIT QUAN.COST EXTENSION TOTAL LANDSCAPE 1 Soil prep. & fine grading SF 36,521 0.45$ 16,434.45$ 2 Linear Root Barrier (8' length x 24" depth)LF 1,488 $40.00 $18,000.00 3 Bark Mulch Area SF 36,521 0.50$ 18,260.50$ 4 24" Box Trees EA 93 275.00$ 25,575.00$ 5 5 Gallon Vines EA 216 25.00$ 5,400.00$ 6 5 Gallon Shrubs EA 1,132 25.00$ 28,300.00$ 7 1 Gallon Shrubs EA 187 9.00$ 1,683.00$ 8 Groundcover Area EA 1,994 9.00$ 17,946.00$ Sub-total 131,598.95$ 131,598.95$ IRRIGATION 9 Shrub Drip Irrigation Systems SF 36,521 1.00$ 36,521.00$ 10 Tree Bubbler - Root Watering System (2 per tree)EA 186 85.00$ 15,810.00$ 11 3" Sch 40 PVC mainline LF 2,146 3.95$ 8,476.70$ 12 Mainline Sleeving LF 353 6.30$ 2,223.90$ 13 Lateral Sleeving LF 568 3.15$ 1,789.20$ 14 2" Backflow Preventer EA 4 1,200.00$ 4,800.00$ 15 2" Flow Sensor EA 4 425.00$ 1,700.00$ 16 2" Master Valve EA 4 575.00$ 2,300.00$ 17 Central ET Remote Control Irrigation Controller EA 1 3,000.00$ 3,000.00$ 18 1" Brass Quick Coupler Valve w/ rnd. Box EA 35 140.00$ 4,900.00$ 19 2" Bronze Isolation Gate Valve w/ rnd. Box EA 28 275.00$ 7,700.00$ 20 Electric RCV w/ rect. box EA 5 285.00$ 26.00$ 21 Electric Drip RCV assembly w/ rect. box EA 5 300.00$ 58.00$ Sub-total 89,304.80$ 89,304.80$ MISCELLANEOUS 22 90 Day Maintenance SF 208,463 0.02$ 4,169.26$ Sub-total 4,169.26$ 4,169.26$ SUB TOTAL :225,073.01$ 15% CONTINGENCY:33,760.95$ GRAND TOTAL :258,833.96$ ITEMS NOT INCLUDED 1 Fees & Permits 2 Performance Bonds 3 Consultant Costs 4 Rough Grading (per civil) 5 Concrete Sidewalk (per civil) 6 Concrete Curb, Gutter & ADA Ramps (per civil) 7 Drain Inlets (per civil) 8 Water Meter (per civil) 9 Soundwall w/ Pilasters 10 Metered Electric Service Pedestal (per joint trench) 11 Streetlights (per joint trench) RESOLUTION NO. 2022-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING VARIOUS PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (PHASE 1) PROJECT WHEREAS, on November 24, 2015, the City Council of the City of Rohnert Park adopted Resolution 2015-182, approving a Public Improvement Agreement by and between the City of Rohnert Park and University District LLC and Vast Oak Properties L.P. (Agreement) for various parkway landscape improvements within the Vast Oak West (Phase 1) Project; and WHEREAS, University District LLC and Vast Oak Properties LP (Developer) have completed the construction of the various parkway landscape improvements within the Vast Oak West (Phase 1) project in accordance with the plans and specifications for the work and have requested that the City accept the work; and WHEREAS, the Master Maintenance Agreement for the University District assignment responsibility for maintaining the various parkway landscape improvements to the University District Homeowner’s Association (UDHOA); and WHEREAS, the City’s project inspector and UDHOA have reviewed the completed improvements and concur that the improvements are complete and ready for acceptance by the City and maintenance by the UDHOA; and WHEREAS, the Developer has submitted cost documentation for various parkway landscape improvements which substantiate a value of $1,238,645.00; and WHEREAS, accepting the completed improvements is the final action anticipated by the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park authorizes and directs the City Engineer to execute and file the Notice of Completion and related documents for the parkway landscape improvements associated with the Vast Oak West (Phase 1) Project, on behalf of the City of Rohnert Park, in substantially similar form to Exhibit A which is attached to this Resolution and incorporated by this reference. BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period associated with the recording of the Notice of Completion, the City Manager is hereby authorized and directed to execute the Notice of Acceptance for the parkway landscape improvements within the Vast Oak West (Phase )1 Project in substantially similar form to Exhibit B, attached to this Resolution and incorporated by this reference. Resolution 2022-050 2 BE IT FUTHER RESOLVED that upon certification of the City Manager, the Finance Director is authorized and directed to take the actions necessary to accept the various parkway landscape improvements defined in the Agreement, as capital assets of the City with current book values of $1, 238,645.00. DULY AND REGULARLY ADOPTED this 24th day of May 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A & Exhibit B GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( EXHIBIT A TO RESOLUTION CERTIFICATE OF COMPLETION VARIOUS PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (PHASE 1) PROJECT (UNIVERSITY DISTRICT SPECIFIC PLAN) I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was authorized on November 24, 2015 by City Council Resolution 2015-182 by and between the City of Rohnert Park and University District LLC and Vast Oak Properties L.P., was completed to my satisfaction on May 2, 2022. That said work and improvements generally consisted of the construction of parkway landscape improvements within the Vast Oak Phase 1 (Vast Oak West) development in the University District Specific Plan Area, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on December 20, 2016. DATED: March 25, 2022 ____________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT A TO RESOLUTION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. NOTICE OF COMPLETION VARIOUS PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (PHASE 1) PROJECT NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal corporation located in Sonoma County, State of California, with its principal offices at City Hall, 130 Avram Avenue, Rohnert Park, California 94928 of the following: That I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California on the 25th day of May 2022, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion of the following described work, which was authorized by City Council resolution 2015-182 and completed by University District LLC and Vast Oak Properties L.P., in accordance with the plans and specifications for said work. That said work and improvements were completed on May 2, 2022 and that the name of the surety on the contractor's bonds for labor and materials on said project is Continental Casualty Company (Bond Nos. 929620750-929620752 and 929615787-9296157879, six bonds total). That said work and improvements generally consisted of the parkway landscape improvements located within the Vast Oak West (Phase 1) development in the University District Specific Plan, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on December 20, 2016. Dated: May, 25, 2022 CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer The undersigned certifies that she is authorized to and does make this verification on behalf of the City of Rohnert Park; that she has read the foregoing notice and knows the contents thereof; and that the undersigned declares under penalty of perjury that the foregoing is true and correct to the best of her knowledge. Executed on this 25th day of May, 2022, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B TO RESOLUTION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. ACCEPTANCE OF VARIOUS PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (PHASE 1) PROJECT WHEREAS, University District LLC and Vast Oak Properties L.P. as owner(s), have completed public parkway landscape improvements within the Vast Oak West (Phase 1) development in the University District Specific Plan Area (the “Improvements”). WHEREAS, the Improvements are for the purpose of providing landscaping in the parkway strips of the Vast Oak West (Phase 1) development within the University District Specific Plan Area. WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to use the Improvements for the above described purposes. NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby accepts the Improvements and authorizes the City Manager to execute this acceptance. Dated: __________________ CITY OF ROHNERT PARK _________________________________ Darrin Jenkins City Manager Authorized by Rohnert Park City Council Resolution No. 2022-__ adopted on May 24, 2022 ACKNOWLEDGMENT State of California County of _____________________________) On _________________________ before me, __________________________________ (insert name and title of the officer) personally appeared __________________________ _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ITEM NO. 6.G. 1 Meeting Date: May 24, 2022 Department: Finance Submitted By: Nishil Bali, Finance Director Prepared By: Lori Newzell, Accountant Agenda Title: Adopt a Resolution Adopting an Appropriations Limit for the City of Rohnert Park for Fiscal Year 2022-23 pursuant to Article XIII B of the California Constitution RECOMMENDED ACTIONS: Approve and authorize a resolution of the City Council of the City of Rohnert Park adopting an Appropriations Limit for the City of Rohnert Park for the 2022-23 fiscal year pursuant to Article XIII B of the California Constitution. BACKGROUND: Article XIII B of the California Constitution and related implementing legislation provide for an annual "appropriations limit" for each entity of local government and require the governing body of each local jurisdiction to establish its appropriation limit by resolution each year. The appropriation limit does not apply to the entire City budget, but only to appropriations financed from the "proceeds of taxes" which the initiative defines as: • All tax revenues (excluding Gas Tax and Transportation Development Act Funds); and • Any proceeds from the investment of tax revenues; and • Any revenues from a regulatory license fee, user charge or user fee that exceeds the amount needed to cover the reasonable cost of providing the regulation, product or service. The initiative does not restrict the growth in appropriations financed from other sources of revenues, including federal funds, bond funds, traffic fines, user fees based on reasonable costs and other gift incomes. Proposition 111, which was approved by the voters June 1990, established the factors used in the calculation of each year's limit. The factors are: a. Price Factor - At the City's option, either the change in California per capita income or increase in non-residential assessed valuation due to new construction. b. Population Factor - At the City's option, either the annual change in City or County population. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.G. 2 The appropriation limit may be changed by one of the following ways: 1. The voters may temporarily vote to change the appropriation limit. The change may not exceed four years unless the voters renew the change. Also, it takes a majority vote for the approval. 2. In the event of an emergency, the appropriation limit may be exceeded for one year. If the appropriation limit is exceeded due to an emergency, the limit in the following three years would be reduced by an amount sufficient to recoup the excess appropriation. 3. If the financial responsibility for providing a program or service is transferred from one governmental entity to another, the appropriation limit of both jurisdictions may be adjusted by a reasonable amount that is mutually agreed upon. Any increase in one entity's limit would have to be offset by an equal decrease in the other entity's limit. 4. If the City transfers the financial responsibility for providing a program or service to a private entity, or a source of funds used to support an existing program or service is shifted from "proceeds of taxes" to a regulatory license fee, or user fee, the City's appropriation limit must be reduced accordingly. If, in any fiscal year, the City were to receive or have in excess of the amount that it appropriates for that year, it would be required to return the excess to taxpayers within the next two fiscal years. The initiative specifies that these funds are to be returned by lowering tax rates or fee schedules. ANALYSIS: Annually, the State of California Department of Finance provides inflation and population factors to be used in the calculation of the annual limit. The factors used in the calculation of the FY 2022-23 limit are as follows: a. Price Factor - change in California per capita income: 7.55% b. Population Factor - annual change in City of Rohnert Park population: -0.65% The approved appropriations limit for the fiscal year 2021-22 was $61,171,939. Applying the price (7.55%) and population (-0.65%) factors to last year’s limit adjusts the 2022-23 appropriation limits by $4,190,278 an increase of 6.85%, bringing the FY 2022-23 appropriations limit to $65,362,216. Appropriations that are financed from the "proceeds of taxes" equal $30,732,881, a difference of $34,629,335; therefore, the City’s proposed appropriations are under the limit. This gap between the "proceeds of taxes" and the appropriations subject to limitations assures the City of not being put into a position of returning tax monies to the taxpayers or having to initiate other procedures as outlined above. All supporting documentation used in the calculation of the appropriation limit for the fiscal year 2022-23 is attached, and has been available for public inspection since May 09, 2022. FISCAL IMPACT: There is no direct fiscal impact that would result from adopting the proposed annual Appropriations Limit. ITEM NO. 6.G. 3 Department Head Approval Date: NA City Attorney Approval Date: 5.11.22 Assistant City Manager Approval Date: 5.12.22 Attachments: 1. Resolution. 2. Exhibit A -Article XIIIB Appropriations Limit (GANN) Calculations RESOLUTION NO. 2022-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING AN APPROPRIATIONS LIMIT FOR THE CITY OF ROHNERT PARK FOR THE 2022-23 FISCAL YEAR PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIII B of the California Constitution (Proposition 4) provides for an annual appropriations limit for state and local governments beginning with the 1980-81 fiscal year, based on the 1978-79 appropriations, as adjusted for the changes in the cost of living or per capita personal income, population, and other specified factors; and WHEREAS, implementing legislation, which became effective January 1, 1981, provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the year pursuant to Article III B at a regularly scheduled meeting or noticed special meeting; and WHEREAS, Proposition 111 subsequently amended Article XIII B of the California Constitution to provide for certain revisions in the population and inflation factors used in the calculation of the appropriations limit and to provide for a recalculation of the appropriation limit data for the fiscal years 1987-88 through 1990-91; and WHEREAS, in accordance with applicable law, the appropriation limit for the City of Rohnert Park for the 2022-23 fiscal year has been calculated to be $65,362,216, using such revisions and recalculations; and WHEREAS, Government Code section 7910 provides that documentation used in the determination of the appropriations limit shall be available to the public at least 15 days before such meeting, and such documentation was made available to the public on the City’s website by May 9, 2022; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that that the City Council of Rohnert Park hereby (a) elects to use the change in the California per capita income as the cost of living adjustment factor, and (b) elects to use the annual population change in the City of Rohnert Park’s population for calculating the population adjustment factor. BE IT FURTHER RESOLVED that the appropriations limit for fiscal year 2022-23 is determined to be $65,362,216, as detailed in the calculations forth in Exhibit A. DULY AND REGULARLY ADOPTED this 24th day of May, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A CITY OF ROHNERT PARK Article XIIIB Appropriations Limit (GANN) Calculation Fiscal Year 2022-23 FY 2021-22 Appropriations Limit, as Adopted 61,171,939$ Adjustment Factors: Price Factor (1)1.0755 Population (2)0.9935 Total Adjustment Factors (3)1.0685 Total Adjustments 4,190,278 FY 2022-23 Appropriations Limit (Rounded)65,362,216$ Appropriations Subject To Limitation Fiscal Year 2022-23 Proceeds of Taxes 30,732,881$ User Fees and Charges in Excess of Costs 0 Appropriations Subject to Limit 30,732,881 FY 2022-23 Appropriations Limit 65,362,216$ Less Appropriations Subject to the Limit 30,732,881 Under/(Over) Appropriations Limit 34,629,335$ (2) The population factor may be based on the change in population of 1) the City or 2) the County of Sonoma, as provided by the State of California's Department of Finance. The population factor adopted by the City for the current year appropriation limit represents the change in population of the City of Rohnert Park (3) The total adjustment factor is calculated by multiplying the population factor by the price factor. (1) The price factor may be based on 1) the change in per capita personal income for the State of California's Department of Finance; or 2) the change in the assessed valuation due to new non-residential construction within the City. The inflation factor adopted by the City for the current year appropriation limit represents the change in per capita personal income. ITEM NO. 6.H. 1 Meeting Date: March 24, 2022 Department: Administration Submitted By: Elizabeth Machado, Deputy City Clerk Prepared By: Elizabeth Machado, Deputy City Clerk Agenda Title: Adopt a Resolution Amending the Purchasing Policy to Grant the Assistant City Manager the Same Purchasing Authority as the City Manager RECOMMENDED ACTION: Adopt a resolution amending the Purchasing Policy to grant the Assistant City Manager the same purchasing authority as the City Manager. BACKGROUND: The City’s purchasing policy establishes efficient policies and procedures and clearly defines authority for the purchasing function. On April 20, 2022, the City Council approved the purchase of 6400 State Farm Drive to develop the City’s Downton. The City Manager’s Office reorganized to allow the City Manager to focus on this development. ANALYSIS: Although the City Manager has designated the Assistant City Manager as the signatory on contracts and agreements, the purchasing policy prevents this from efficiently taking place. The current purchasing policy allows the Assistant City Manager to sign contracts from $15,000.01 up to $50,000. In order for the Assistant City Manager to sign contracts for $50,000 up to the City Manager’s signing authority of $100,000 up to the informal bid limit set by the California Uniform Public Construction Cost Accounting Act, the City Manager would be required to first review the contract and approve in writing that the Assistant City Manager can sign on his behalf. This contract signing process would not alleviate the City Manager of the time spent reviewing contracts and agreements. Increasing the Assistant City Manager spending authorization for purchases, contracts, and agreements will allow the designated task to take place efficiently and reduce delays in procuring services for the departments. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This action is in alignment with strategic plan GOAL C: Ensure effective delivery of public services and Council Strategic Priorities g: Infrastructure, maintenance and beautification and h: Make progress on the downtown OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends adopting a resolution amending the Purchasing Policy to grant the Assistant City Manager the same purchasing authority as the City Manager. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.H. 2 This will allow the Assistant City Manager to execute any contract or purchase for which authorization has been granted to the City Manager. 2. Alternative: Staff also considered not amending the Purchasing Policy and did not recommend this option because this would cause a delay in the contract signing process. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact from amending the Purchasing Policy. Senior Code Compliance Officer Approval Date: N/A Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A Assistant City Manager Approval Date: 5/16/2022 Attachments: 1. Designation Email 2. Purchasing Policy Redlined 3. Resolution From:Jenkins, Darrin To:0 Deptartment Heads Subject:Designation Date:Friday, April 22, 2022 8:22:45 AM To whom it may concern, As City Manager I am designating Assistant City Manager Don Schwartz to act on my behalf for the following responsibilities: Personnel Officer Contract Change Order Approval Department Head for Administration Records Destruction Approval Signatory for Contracts and Agreements Approval of Budget Amendments Thank you, Darrin Jenkins City Manager City of Rohnert Park (707) 588-2243 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 1 TABLE OF CONTENTS CHAPTER 1. GENERAL INFORMATION ............................................................... PAGE 3 1.1 CONTROLLING REGULATIONS ........................................................................... PAGE 3 1.2 ETHICS AND ACCOUNTABILITY .......................................................................... PAGE 3 1.3 PURCHASING AGENT RESPONSIBILITIES ............................................................ PAGE 4 1.4 DEPARTMENT RESPONSIBILITIES ...................................................................... PAGE 4 CHAPTER 2. ENCUMBRANCE OF FUNDS ........................................................... PAGE 5 CHAPTER 3. PURCHASING METHODS................................................................ PAGE 5 3.1 PETTY CASH ................................................................................................... PAGE 5 3.2 CREDIT CARDS ............................................................................................... PAGE 6 3.3 PURCHASE REQUISITIONS ................................................................................ PAGE 7 3.4 PURCHASING LIMITS ........................................................................................ PAGE 7 3.5 CONTRACTS FOR GOODS AND SERVICES .......................................................... PAGE 7 3.6 TYPES OF CONTRACTS .................................................................................... PAGE 8 A. STANDING SUPPLY AGREEMENTS .............................................................. PAGE 8 B. MASTER SERVICE AGREEMENTS ................................................................ PAGE 9 C. COOPERATIVE PURCHASE AGREEMENTS .................................................... PAGE 9 D. CONSULTANT AND PROFESSIONAL SERVICES AGREEMENTS ......................... PAGE 9 E. CONTRACTS FOR NON-PUBLIC WORKS PROJECTS, GOODS AND GENERAL SERVICES ................................................................................. PAGE 9 F. CONTRACTS FOR PUBLIC PROJECTS ........................................................ PAGE 10 3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS .................... PAGE 11 3.8 URGENT AND EMERGENCY PURCHASES .......................................................... PAGE 12 CHAPTER 4. INFORMAL COMPETITIVE PRICING – GOODS AND SERVICES (NON-PUBLIC WORKS PROJECTS) .......................... PAGE 13 4.1 COMPETITIVE QUOTES ................................................................................... PAGE 13 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 2 CHAPTER 5. FORMAL COMPETITIVE PRICING – GOODS AND SERVICES (NON-PUBLIC WORKS PROJECTS) ............................................. PAGE 13 5.1 REQUEST FOR PROPOSALS (RFP) .................................................................. PAGE 13 5.2 INVITATION FOR BID (IFB) .............................................................................. PAGE 14 CHAPTER 6. LOCAL VENDOR/BIDDERPREFERENCE ..................................... PAGE 14 CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING ............................. PAGE 14 7.1 PURCHASES NOT READILY ADAPTABLE TO COMPETITIVE PRICING ........................ PAGE 14 7.2 SOLE SOURCE PURCHASES ............................................................................. PAGE 14 CHAPTER 8. PURCHASE SPECIFICATIONS ..................................................... PAGE 15 CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY ......................................... PAGE 15 9.1 PROPERTY W ITH NO SALVAGE VALUE ............................................................ PAGE 16 9.2 UNCLAIMED, SEIZED OR ABANDONED PROPERTY ............................................. PAGE 16 9.3 REPORTING .................................................................................................. PAGE 16 9.4 DONATIONS OF SURPLUS PROPERTY .............................................................. PAGE 16 CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS ..................... PAGE 16 10.1 RECYCLED PRODUCTS ................................................................................. PAGE 16 CHAPTER 11. CAPITAL EQUIPMENT .................................................................. PAGE 17 CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES ............ PAGE 17 CHAPTER 13. RISK MANAGEMENT ..................................................................... PAGE 17 CHAPTER 14. CONTRACTOR’S OPERATING REQUIREMENTS ........................ PAGE 18 APPENDIX – DEFINITION OF TERMS ................................................................... PAGE 19 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 3 CHAPTER 1. GENERAL INFORMATION 1.1. CONTROLLING REGULATIONS Controlling regulations for the Purchasing function are set forth in the City of Rohnert Park Municipal Code, and California Government Codes Sections 54202 and 54203. In the event of any conflict between the Purchasing Policies and the City of Rohnert Park Municipal Code and/or any City Council Resolution, then the Municipal Code or City Council Resolution shall take precedence. 1.1.1. Purchasing Policies shall be modified by means of periodic Resolution of the City Council. 1.1.2. Nothing within the Purchasing Policies shall be construed as requiring a department, purchaser, or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Additionally, nothing within the Purchasing Policies shall be construed as requiring the City, department, purchaser, or contractor to take any action that conflicts with local, State, or federal requirements. 1.1.3. Purchasing procedures may be developed and/or modified to facilitate compliance with Purchasing Policies, subject to City Manager approval. 1.1.4. Purchases related to the conduct of Public Projects may be subject to additional and/or different requirements, as described in these Policies. 1.2. ETHICS AND ACCOUNTABILITY Purchasing Policies are developed under the authority of Chapter 3.04 Purchasing Program of the City of Rohnert Park Municipal Code. The City Manager (or his/her designee) serves as the Purchasing Agent, and is charged with the responsibility and authority for coordinating and controlling the City’s purchasing function in accordance with Purchasing Policies. 1.2.1 The Purchasing Agent and all departments shall adhere to the Purchasing Policies when procuring materials, supplies, equipment, vehicles and services. All purchases shall be limited to the approved budget or as otherwise authorized by City Council or, City Manager, or Assistant City Manager. Purchasing dollar limits specified in the Purchasing Policies are “per order” unless otherwise indicated. 1.2.2 Applicable competitive bidding categories, authorization limits or contract award procedures will be based on unit cost, total purchase cost for consolidated bid items, or fiscal year aggregates in the case of standing purchase orders or similar ongoing purchasing arrangements. Staging of CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 4 purchases to avoid competitive bidding procedures or authorization limits is prohibited. 1.2.3 All personnel engaged in the purchasing function shall exercise good judgment in the use and stewardship of City resources, and all Purchasing functions shall be conducted with absolute integrity and objectivity. Purchases are subject to public scrutiny; employees shall follow a strict rule of personal conduct that will not compromise the City in the conduct of its business. Any employee intentionally and/or repeatedly making purchases in a manner that circumvents ignores or fails to comply with the Purchasing Policy will be subject to disciplinary action, in accordance with City Personnel procedures. 1.3. PURCHASING AGENT RESPONSIBILITIES The City Manager or his/her designee shall act as the City’s Purchasing Agent. The Purchasing Agent is responsible for procurement of materials, supplies, equipment, vehicles and services; administration of Purchasing Policy and procedures; and management of surplus City property. To perform these functions efficiently and assist departments, the Purchasing Agent shall: A. Coordinate and manage procurement of the City’s materials, supplies, equipment, vehicles and services from the lowest responsive and responsible bidder when required by the Purchasing Policies. B. Ensure full and open competition on all purchases as required by the Purchasing Policies, and make purchase award recommendations to the appropriate authority. C. Identify, evaluate and utilize purchasing methods that best meet the needs of the City (cooperative purchases, standing purchase orders, contractual agreements, etc.). D. Recommend revisions to Purchasing Policy and procedures when necessary, and keep informed of current developments in the field of Public Purchasing. E. In consultation with the Finance Director act as the City’s agent in the transfer and disposal of surplus equipment and materials. 1.4. DEPARTMENT RESPONSIBILITIES Each Department is responsible for facilitating prudent, efficient and cost-effective purchases. To meet these responsibilities, Departments shall: A. Ensure staff is trained on the terminology and requirements set forth in the Purchasing Policy and procedures. B. Each Department Head shall provide a list with sample signature to the Finance Director and Purchasing Agent of staff authorized to approve CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 5 requisitions, blanket or standing purchase orders, authorize confirming purchase orders, invoices and the dollar limit for each individual. C. Minimize urgent and sole source purchases, and provide written findings and documentation when such purchases may be necessary. D. Prohibit splitting orders or projects for the purpose of avoiding procurement requirements or authorization limits. E. Anticipate requirements sufficiently in advance to allow adequate time to obtain goods in accordance with best purchasing practices. F. Maximize coordination of purchases to take advantage of cost savings for bulk purchases of commonly used goods and services. G. Identify the account from which purchases will be made and provide evidence that encumbrance appropriation are available in the budget. H. Provide a business justification for each purchase. I. Provide appropriate documentation that goods or services have been received, including properly signed off packing/receiving slips and confirmation that items have been received in good condition. J. Invoices related to contracts or purchases authorized by the City Council or City Manager or Assistant City Manager can be approved for payment by the Department Head or their designee. CHAPTER 2. ENCUMBRANCE OF FUNDS Except in emergency or urgent situations, the Purchasing Agent shall not issue any Purchase Order nor shall any contract be approved for materials, supplies, equipment, vehicles or services unless there exists an unencumbered appropriation in the department budget against which said purchase or contract is to be charged. Funds shall be encumbered by means of Purchase Order for all purchases exceeding $3,000. CHAPTER 3. PURCHASING METHODS 3.1 PETTY CASH Departments may request petty cash for use in purchasing small or immediately needed items, for expenditures that would be impractical to process through the Purchase Order system. Petty cash “banks” may be established and maintained for this purpose as authorized by the City Manager or Finance Director. A. Department Heads or designee shall be responsible for assuring compliance with the petty cash policy and procedures, and for the security of petty cash in the Department. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 6 B. Each Department that requests a petty cash banks shall appoint a custodian of the bank that is responsible for controlling the bank and requesting reimbursement to replenish funds. C. Department staff may make small or urgent purchases in amounts not to exceed $50 per request. Multiple petty cash slips shall not be used to “split” orders so as to circumvent this limit. D. Petty cash slips shall include the business justification for the purchase, and be signed by appropriate supervisory staff. E. Petty cash may not be “loaned” to any individual for any reason. Department’s petty cash “bank” will be replenished based on submittal of signed petty cash slips and receipts to Finance for expenditures made. The Finance Department shall periodically audit Department’s petty cash “bank”. 3.2 CREDIT CARDS Under certain circumstances, use of a City credit card may be the most appropriate method for purchases. 3.2.1. City credit cards will be distributed on an as-needed basis to staff at the discretion of the Department Heads. Delegated spending authority will be consistent with or lower than spending limits for Purchase Orders. 3.2.2. City credit cards shall be utilized for purchase of supplies and materials, and shall not be used to contract for or purchase services, including professional services. 3.2.3. All purchases by credit card shall be shipped or delivered to a City address. 3.2.4. All credit card purchases must be documented in the same fashion as regular purchases including properly signed off packing/receiving slips, confirmation that goods have received in good condition and business justifications for the purchases. 3.2.5. If sales tax has not been paid at the time of purchase, this must be noted so that Finance can ensure that sales/use tax is paid to the State. 3.2.6. Use of the City credit card for personal purchases, cash advances or to purchase alcohol is prohibited. 3.2.7. Failure to comply with established procedures may result in discontinuance of use of the credit card by the employee/department, and may subject the employee to disciplinary action, in accordance with City Personnel procedures. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 7 3.3 PURCHASE REQUISITIONS Departments shall submit requests for goods and equipment to the Purchasing Agent by standard Requisition Form. Signature authority for Requisitions shall be the same as that for Purchase Orders. 3.3.1 Departments shall submit completed Requisitions for purchases in excess of $3,000 that have yet to be made and for which the Purchasing Agent shall complete the purchase. 3.4 PURCHASING LIMITS 3.4.1 Authorized approvers of Requisitions and Contracts shall be limited as indicated in the table below: $1 to $1,000 Staff as delegated by Department Head $1 to $3,000 Supervisor/Manager as delegated by Dept. Head $1 to $15,000 Department Head, includes contracts $1 to $50,000 Assistant City Manager, includes contracts $1 to $100,000 City Manager/Assistant City Manager, includes contracts Informal Bid Limit City Manager/Assistant City Manager, Construction Projects threshold as defined by California Uniform Public Construction Cost Accounting Act (CUPCCAA) as set forth in Public Contract Code section 22032, as it may be amended from time to time. 3.5 CONTRACTS FOR GOODS AND SERVICES 3.5.1 City contracts shall be consistent with State and federal laws, and shall be fully executed prior to the performance of any contract work. Each contract shall be approved as to form by the City Attorney, unless such contract is developed consistent with a template pre-approved as to form by the City Attorney (in which case the individual contract need not receive separate attorney approval). 3.5.2 Contract signature authority shall be aligned with that for purchasing limits, as designated in the Rohnert Park Municipal Code, Section 3.04, and as per contract. The City Manager, Assistant City Manager or designee may execute any contract for which authorization has been granted pursuant to Ordinance, Resolution, or other action of the City Council, providing sufficient unencumbered funds exist. Contracts or Agreements related to transfer of title to real property must be signed by the Mayor or designee. Any contract made, or purported to be made, by the City in violation of this section shall be void and of no force or effect. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 8 3.5.3 The term or life of an Agreement shall be set, including, e.g., dates for required performance, with dates for phase completion if applicable, as well as for overall project completion. An Agreement may be made for a project in which completion of required work extends beyond one year; such an Agreement is not considered a multi-year agreement in the context of this Policy. 3.5.4 Multi-year agreements are encouraged for ongoing general services and consultant/professional services with a defined scope of work such as, but not limited to, janitorial and landscape maintenance, attorneys and accountants, and printing. The annual value of multi-year contracts and single year contracts with options to renew shall be considered in obtaining the appropriate signature authority. Any renewal periods for such contracts shall require a contract amendment, including proper signatures, executed prior to performance of the additional work or provision of the additional goods. 3.5.5 The City Manager, Assistant City Manager, or designee may approve alternative selection, evaluation, and award procedures for a specific contract or class of contracts (except as provided herein), if available information demonstrates that a substantial cost savings, enhancement in quality or performance, or other public benefit will result from use of the alternative contracting method. The alternative contracting method shall meet the purpose and goals of the Purchasing Policies and shall substantially promote the public interest in a manner that could not be achieved by complying with the competitive procurement methods otherwise available under the Purchasing Policies. 3.5.6 In event of emergency or urgent circumstances City Manager and Assistant City Manager has the authority to authorize service contracts and follow up with City Council at the earliest opportunity. Except in an emergency or urgent circumstance, as approved by the City Manager, no work shall commence, until all required contract documentation (e.g., insurance certificates and endorsements, licenses, permits) has been provided to the City. 3.6 TYPES OF CONTRACTS A. Standing Supply Agreements - Department Heads, or designees, may negotiate Standing Supply Agreements with vendors for purchase of repetitive-use, non-capital equipment as defined in Chapter 11 “Capital Equipment” of the Purchasing Policy, items common to one or several departments. The Purchasing Agent will coordinate Standing Supply Agreements and process transactions by means of Purchase Order; signature authority and dollar values apply accordingly. B. Master Service Agreements – Department Heads may establish Master Service Agreements with specific vendors to provide services over time. A CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 9 Contract/Task Order including a written outline of the scope of work and payment terms is required for services made through Master Service Agreements; a new contract for each purchase is unnecessary. Contract dollar limits and signature authority are applicable, and requirements such as insurance and indemnification may vary depending on the type of service required. Funds shall be encumbered in an adequate amount to complete the task or order; unused funds will be unencumbered following completion of the purchase. C. Cooperative Purchase Agreements - The Purchasing Agent has the authority to: join with other public jurisdictions in Cooperative Purchasing Agreements; buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with this document, even if the City has not joined with that public agency in a formal agreement; and, purchase from the United States of America, any state, municipality or other public corporation, or agency, without following formal purchasing procedures as defined in the Purchasing Policy. A Purchase Order is required for purchases made through Cooperative Purchase Agreements, subject to approvals and dollar limitations accordingly. D. Consultant and Professional Services Agreements - The City Manager or designee shall prescribe the procedures governing the solicitation and selection of proposals, and award of consultant service Agreements, including professional services. Contracts may be awarded through a competitive or negotiated process based on solicitation of qualifications and proposals of at least three providers (which may be waived at the discretion of the City Manager or Assistant City Manager based on State law, and for sole source, urgent and emergency purchases, or as otherwise provided in the Purchasing Policy). Such procedures shall have the express purpose of obtaining contractual services of the highest quality together with the most cost-effective pricing. Proposals and/or Qualifications solicited for Professional Services shall be evaluated based on criteria other than pricing, as defined in the solicitations (such as demonstrated competence and professional qualifications), and the City may then negotiate with the most responsive and responsible vendor For grant funded projects, the City shall follow any procurement requirements imposed under the grant agreement or required for use of grant funding. For state and federally funded transportation projects, the City shall procure architectural and engineer services agreements in accordance with the State of California Department of Transportation Local Assistance Procedures Manual, Chapter 10, as may be subsequently amended, in order to maintain eligibility for reimbursement. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 10 E. Contracts for Non-Public Works Projects, Goods, and General Services- Contracts may be established for non-public works projects and purchases of goods and general (i.e., non-consultant) services, utilizing informal or formal processes for submission of proposals or bids. Contracts shall be developed based on the requirements for those processes as indicated in the Purchasing Policy and procedures F. Contracts for Public Projects - Accounting procedures were established by the California Uniform Public Construction Cost Accounting Commission, and are detailed in the Commission’s Accounting Policies and Procedures Manual. PCC §22000-22050 describe both the informal and formal bidding procedures, project dollar thresholds, bidding and noticing requirements, rejection of bids, the definition and procedure for emergency Public Projects, and other mandates related to CUPCCAA. Rather than the City’s Purchasing Ordinance or Policy, Public Projects are subject to definitions, terms and conditions specified in the California Uniform Public Construction Cost Accounting Act (CUPCCAA), Public Contract Code Section 2200, et seq., as may be amended from time to time. When Public Contract Code (PCC) requirements contradict City requirements, the PCC will apply. PCC § 22002(c), as may be amended, defines a “Public Project” as: (a) "Public project" means any of the following: (i) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (ii) Painting or repainting of any publicly owned, leased, or operated facility. (iii) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. (b) "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following: (i) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (ii) Minor repainting. (iii) Resurfacing of streets and highways at less than one inch. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 11 (iv) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (v) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. (c) For purposes of this chapter, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement. City Council adopted Ordinance No. 710 and Resolution No. 2004-70 in March 2004, thereby electing that the City become subject to CUPCCAA. The competitive bidding process is not required for public projects less than $3,000. The City Manager and Assistant City Manager isare authorized to award Public Project contracts solicited through CUPCCAA informal bidding processes. Contracts exceeding the informal bid limit set forth in Public Contract Code section 22032 (as it may be revised from time to time), are let in accordance with CUPCCAA formal bidding procedures, and awarded by the City Council. In accordance with Government Code section 830.6, the City Engineer shall have authority to review and approve the plan or design of any construction work or work of improvement to public property, for contracts for construction subject to approval by the City Manager or Assistant City Manager. For contracts to be awarded by the City Council, the City Engineer shall review such plans and designs and shall recommend the approval of such plan or design by the City Council as part its of award of such contract. PCC § 22037, as may be amended, describes the formal bidding process as follows: Notice inviting formal bids shall state the time and place for receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency; or if there is no newspaper printed and published within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 12 places for the posting of its of its notices. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. In addition to the notice required by this section, the public agency may give such other notice as it deems proper. 3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS A substantial change to a Purchase Order or Contract (i.e., pricing, terms and conditions, specifications and/or scope of work) shall be documented as a Change Order, Task Order, or Contract Amendment. 3.7.1 City Manager, Assistant City Manager and Department Heads may sign Change Orders, Task Orders, and Contract Amendments for purchases and contracts up to the maximum of the limits set forth in section 3.4.1. 3.7.2 Change Orders, Task Orders, and Contract Amendments generally should not exceed 10% of the original contract amount, unless authorized by the applicable signing authority. A new scope of work and/or a new contract may be required when the change exceeds 10% of the original amount. The individual designated in the initial Contract or Council Action shall make that decision. 3.7.3 A Change Order, Task Order, or Contract Amendment is not required when taxes, shipping and/or handling cause a purchase to exceed the authorized amount; the signatory limit may also be exceeded in that circumstance. 3.8 URGENT AND EMERGENCY PURCHASES Sound judgment shall be used in keeping urgent, disaster and emergency purchases to an absolute minimum. Specific procedures for managing these purchases shall apply, as determined by the Finance Director and Purchasing Agent. 3.8.1 Urgent Purchases – Immediate purchases of material, supplies, equipment, and/or services may be made when an urgent circumstance (as defined in the Purchasing Policy Appendix) exists, and procurement should not be delayed by use of normal competitive and financial procedures. Urgent purchases shall be authorized by the City Manager or designee. Urgent purchases shall be followed, as soon as practical, with submission of a Confirming Requisition that includes a written justification for the purchase having been made outside normal procedures, and Council will be notified as soon as practicable. Lack of planning does not constitute justification for an urgent purchase. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 13 3.8.2 Disaster and Emergency Purchases – In a disaster or emergency (as defined in the Purchasing Policy Appendix), the City Manager or his/her designee may authorize deviation from the purchasing practices required by the Purchasing Policy, including, but not limited to, the immediate purchase of material, supplies, equipment, and professional services, including those in excess of his/her City Council-approved signature threshold, in the manner provided for in the Purchasing Policy Appendix. CHAPTER 4. INFORMAL COMPETITIVE PRICING – GOODS AND GENERAL SERVICES, NON-PUBLIC WORKS PROJECTS 4.1 COMPETITIVE QUOTES The Department or the Purchasing Agent may purchase goods and services in the open market based on evaluation of competitive quotes. A minimum of three (3) competitive quotes shall be solicited for purchases greater than $3,000 and less than $100,000. Requests for quotations must be made or distributed, utilizing Request for Quotation forms or alternate forms as may be approved. Written documentation of quotes must be provided. 4.1.1 Competitive quotes are not required for purchases below $3,000, but shall be solicited prior to completing Purchase Orders if reasonably possible. 4.1.2 The City Manager/Designee may award the purchase to the lowest responsive and responsible party whose quote fulfills the intended purpose, quality, and delivery needs of the solicitation. In lieu of awarding the purchase, the City Manager/Designee may reject the quotes, or may negotiate further to obtain terms more acceptable to the City. 4.1.3 The City Manager/Designee may dispense with quotes in emergency and urgent circumstances, as outlined under Section 3.8 “Urgent and Emergency Purchases” of the Purchasing Policy. CHAPTER 5. FORMAL COMPETITIVE PRICING – GOODS AND GENERAL SERVICES, NON-PUBLIC WORKS PROJECTS When purchases are anticipated to exceed $100,000, and/or require City Council approval, formal competitive procedures must be completed. These procedures include sealed proposals solicited through a Request for Proposal (RFP) and sealed bidding solicited through an Invitation for Bid (IFB). 5.1 REQUESTS FOR PROPOSALS (RFP) 5.1.1 A contract or purchase agreement may be entered into by means of sealed proposals solicited through a Request for Proposal (RFP). The Request for CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 14 Proposal shall state the criteria for evaluation and the relative importance of price and other factors. 5.1.2 The Purchasing Agent shall determine the RFP procedures, including whether and where public notice of formal proposals shall be made. Sealed proposals shall be submitted to the Purchasing Agent by the date and time specified on the prescribed forms. 5.1.3 No work shall be performed unless and until a contract has been executed, except under urgent and emergency circumstances as defined in this policy. 5.2 INVITATION FOR BID (IFB) A contract or purchase may be entered into by means of sealed proposals solicited through an Invitation for Bid (IFB). The Purchasing Agent shall determine the procedures for IFBs for non-public projects, and no work shall be performed unless and until a Purchase Order has been issued, except under urgent and emergency circumstances as defined in the Purchasing Policy. CHAPTER 6. LOCAL VENDOR/BIDDER PREFERENCE 6.1 A bid price preference of 1% shall be granted to local vendors/bidders (those providing goods or services in the City of Rohnert Park, or elsewhere in Sonoma County); however, the preference shall not exceed $5,000. 6.2 Rohnert Park vendors/bidders will be given priority in the selection process over those from other Sonoma County cities if the Rohnert Park bid is evaluated equally to any of those cities. To qualify for the preference, local vendors/bidders must submit proof of the address of their principal place of business and a copy of a current City business license. 6.3 The local vendor/bidder preference shall apply when written proposals or bids are solicited, but shall not apply to Public Projects or purchases made in cooperation with other jurisdictions. The local vendor/bidder preference will be waived when prohibited by federal, State or other law or regulation, or by conditions specified by grantors, as determined by the Purchasing Agent. CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING - GOODS AND GENERAL SERVICES, NON-PUBLIC PROJECTS 7.1 Purchases not readily adaptable to the open market and bidding processes may be eligible for exemption from competitive pricing. These purchases include, but are not limited to utilities, subscriptions, memberships, software licenses, advertisements, temporary services, insurance or bond premiums and travel expenses. Exemptions are restricted to those items appearing on a list maintained CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 15 by the Purchasing Agent. Departments may submit written requests to the Purchasing Agent for additional exemptions, which will be approved if appropriate and added to the list. 7.2 Sole Source Purchases - Upon recommendation of the Department Head, the City Manager or Assistant City Manager may waive bidding requirements for sole source purchases if he/she determines sufficient justification exists. Sole source purchases shall be coordinated by the Purchasing Agent, and may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in Sonoma County, items that perform a complex or unique function or purchases when a certain product is the only one proven to be acceptable or compatible with existing equipment. Sole source purchases should be kept at a minimum, to encourage competition and more favorable prices. 7.3 Cooperative Purchases as defined in the Purchasing Policies are exempt from competitive pricing conducted by the City. CHAPTER 8. PURCHASE SPECIFICATIONS 8.1 Use of brand names in specifications shall be for the purpose of describing the standard of quality, performance, and characteristics the City desires, and not be intended to limit or restrict competition. If a brand name is incorporated into a specification, a minimum of two acceptable brands shall be listed whenever possible and shall be followed by the statement “or approved equal” unless the sole source policy applies. 8.2 Use of specifications provided by a specific manufacturer should be avoided, however, if used, the name of the manufacturer, model number, etc., should be indicated. The bid document shall clearly state that the use of the manufacturer’s specifications are for the sole purpose of establishing the level of quality desired. The Purchasing Agent will determine and approve any product submitted as an “or equal.” 8.3 The Purchasing Agent may limit bidding to a specific product type or a brand name product when purchasing equipment or supplies required to be compatible with existing equipment or to perform complex or unique functions. 8.4 Public Contract Code § 3400 requirements should be reviewed when brand names and/or manufacturer specifications are being considered for inclusion in a bid solicitation. CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY The City Manager or designee is authorized to exchange, trade-in, sell and dispose of surplus personal property having salvage value in the open market, by public auction, by competitive sealed bids or by exchange or trade in for new goods. The sale or lease of CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 16 surplus personal property to a governmental, public or quasi-public agency may be without advertisement for or receipt of bids. Employees are not eligible to receive or purchase surplus property, however, employees may receive personalized items, and receive or purchase at market value items considered to be memorial or commemorative in nature, subject to City Manager approval. 9.1 PROPERTY WITH NO SALVAGE VALUE Surplus personal property with no salvage value, as determined by the Purchasing Agent, shall be disposed of in a manner that salvages recyclable components, if practical. 9.2 UNCLAIMED, SEIZED OR ABANDONED PROPERTY The Purchasing Agent, with City Manager approval, is authorized to sell or dispose of all goods in the possession or custody of the Department of Public Safety which are unclaimed, seized and/or abandoned and may be legally disposed of by the City. 9.3 REPORTING The Purchasing Agent shall provide reports to Finance Director indicating surplus personal property disposed of, the method of disposal, and the amounts received from disposal, and shall maintain records for public inspection relative to the disposal of surplus personal property for a period of time in compliance with State law and the City’s records retention schedule. 9.4 DONATIONS OF SURPLUS PROPERTY Upon approval in advance in writing by the City Manager, surplus personal property may be donated to governmental, public or quasi-public agencies, charitable or non-profit organizations on a first-come first-served basis to be utilized for non-profit purposes. CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS In purchasing paper products (including printing and writing paper), the City shall require the following: (1) If fitness and quality are equal, City employees and departments shall purchase and use recycled-content paper products, that consists of at least 30 percent by fiber weight postconsumer fiber, instead of non-recycled products whenever recycled paper products are available at the same or lesser total cost than non-recycled items. Whenever recycled content paper products are procured, they shall meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. (3) The City shall require that vendors certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 17 paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. (4) The City shall require that vendors certify in writing, on invoices or receipts provided, that the paper products offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). (5) Provide records to the City’s procurement recordkeeping designee of all paper product purchases within thirty (30) days of the purchase (both recycled-content and non- recycled content, if any is purchased) made by any department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products are provided, include a description of why recycled-content products were not procured. 10.1 RECYCLED PRODUCTS Recycled products covered under this policy include: paper (printing and copy), paper products, plastic, printer cartridges, antifreeze, glass, metal, oil, paint, solvents, tires, tire-derived products, compost and aggregate, such as those used in building construction, road construction, office products and fleet maintenance. 10.2 EXCEPTIONS Exceptions to this policy are granted under the following conditions: A. The cost is greater than 105% of the cost of a comparable non-recycled product. B. A recycled product option cannot be identified, after a due diligence search. C. Critical performance criteria cannot be met by any recycled product. D. A recycled product is not available within a reasonable amount of time. E. Other exceptions as granted by consent of the City Manager or Assistant City Manager. CHAPTER 11. CAPITAL EQUIPMENT Purchase of equipment or furniture at a unit cost of $5,000 or greater with a useful life greater than 5 years shall be capitalized in accordance with the City’s capitalization policy. A Purchase Order must be issued; Standing Purchase Orders may not be substituted. At the time of receipt, a tracking number shall be issued and affixed to the asset. CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 18 To keep costs under control and assure implemented technologies work together harmoniously and meet staff needs, the City of Rohnert Park Information Technology Department (IT) shall standardize and control all purchases of equipment touching the Data and Telephone networks, as well as desktop computers. 12.1 With limited exceptions, the Information Technology Department shall include in its annual budget funding to support all cross-department technologies, and shall work cooperatively with the Purchasing Agent to identify technology vendors and purchasing methods. While the Information Technology Department may provide support for specific departmental technology needs, those needs may be funded through department budgets. 12.2 The list of those authorized by the City Manager or Assistant City Manager to request technology purchases shall be maintained by the Information Technology Department. CHAPTER 13. RISK MANAGEMENT 13.1 The Purchasing Agent shall adhere to and follow the insurance requirements and monitor compliance as established by the City’s Risk Management Agency. In accordance with the type of services to be provided. The Purchasing Agent shall ensure the proper insurance requirements are included in any standard contract for services. Contracts will not be fully executed until all required insurance certificates and endorsements have been received, reviewed and approved; additional requirements may apply to Public Projects. 13.2 Requirements for contract bonds, such as Performance Bonds, Labor and Material Bonds and/or Fidelity Bond shall be determined by the Project Manager’s Department Head, with advisement from the Purchasing Agent when required. Bonds are maintained by the project manager, and forwarded to the City Clerk’s office upon contract completion. Requirements related to Public Projects may vary from those for non-public projects. CHAPTER 14. CONTRACTOR’S OPERATING REQUIREMENTS 14.1 Any person doing business in the City must possess a current City of Rohnert Park Business License, as required by the Rohnert Park Municipal Code. 14.2 Prior to contract award, the project manager shall verify that the contractor’s State Contractors License is valid and in good standing, and the Contractor has not been debarred by the Federal Government. Verification shall be documented in the permanent contract file. 14.3 No contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public works project unless registered with the Department of CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 19 Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 14.4 All contractors (including consultants and service providers) and their respective subcontractors who meet any of the following criteria shall be required to successfully pass a California Department of Justice Live Scan Fingerprinting background check conducted by the City of Rohnert Park Department of Public Safety: • Work with children when performing on-site services • Access City of Rohnert Park computers Contractors shall be responsible for obtaining Live Scan Fingerprinting prior to performing work and shall bear the cost thereof at the time of fingerprinting. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 20 APPENDIX – DEFINITION OF TERMS 1. AMENDMENT – any change or modification in the terms and conditions of a contract, accomplished by agreement of the parties; similar function to a change order 2. AWARD – a contract or purchase made with a vendor that successfully completes a bidding or competitive proposal process 3. BIDDER’S LIST – list of responsible prospective suppliers and contractors to whom notice of Invitations for Bid on Public Projects may be delivered 4. CHANGE ORDER – document used to detail a substantial change to a Purchase Order or construction contract 5. CITY – City of Rohnert Park, California 6. COMPETITIVE QUOTE – verbal or written pricing quotation made by vendor(s) regarding specific purchases; typically three are required prior to purchasing item or service (also known as Informal Competitive Pricing) 7. CONSULTANT SERVICES – services of an advisory nature that provide a recommended course of action or personal expertise, and that have an end product which is basically a transmittal of information 8. CONTRACT – all types of City agreements, regardless of what they may be called, for the procurement or disposal of goods, supplies, services, professional or consulting services, or construction 9. CONTRACTS FOR GOODS AND VARIOUS SERVICES – for purchases of goods and services through non-pre-qualified vendors for non-public projects, utilizing informal or formal processes for submission of proposals or bids, based on the requirements for these processes 10. CONTRACTOR – any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor, printer, or other entity not in the employment of the City that has entered into a binding contract with the City, or serves in a subcontracting capacity with an entity having a contract with the City, to provide goods, supplies, services, professional services, construction or disposal of surplus supplies 11. EMERGENCY PURCHASE – purchase or service procured under circumstance of a Federal, State or City declared disaster or where a circumstance poses clear, substantial, and imminent danger (e.g., fire, flood, explosion, storm, earthquake, epidemic, riot, civil defense) and immediate action is necessary to prevent or mitigate major loss or significant impairment of life, health, property, or essential public services; procurement should not be delayed by use of normal competitive and CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 21 financial procedures. Emergency purchases related to Public Projects must meet requirements established by CUPCCA. 12. ENCUMBRANCE – placement of a financial hold on a specified amount of funds designated for a particular purpose, prior to making a purchase or payment on a contract related to that purpose, and preventing the use of those funds for any other purpose 13. EXEMPT PURCHASE – a purchase not readily adaptable to the open market and formal bidding or competitive pricing processes, such as magazine subscriptions and membership dues; also emergency and other purchases as detailed in the Purchasing Policy 14. GENERAL SERVICES – the furnishing of labor, time or effort by a vendor primarily through use of manual or technical skills that may or may not produce a tangible commodity; e.g., janitorial work, landscape maintenance, equipment repair and service, rubbish and waste removal, clothing rental and cleaning, and minor repainting (non-public projects) 15. JOB ORDER CONTRACT – a contract competitively bid for a base year and multiple option years for Public Projects of minor construction and renovation, alterations, painting and repair of existing facilities 16. LOWEST RESPONSIBLE, RESPONSIVE BIDDER – bidder submitting the bid or proposal meeting all requirements of the specifications, terms, and conditions of the Invitation for Bids or Request for Proposal resulting in the lowest cost to the City in a total cost concept or based solely on price, taking into consideration the financial and practical ability of the vendor to perform the contract and past performance of the vendor 17. PERFORMANCE BOND – a bond issued to the City as a guarantee against the failure of a contractor to meet obligations specified in the contract 18. PROFESSIONAL SERVICES – services provided by an educated, certified or licensed specialist, or technical expert, that may be subject to procurement restrictions in accordance with State law, and City contract requirements, beyond that of regular (non-professional) consultant services 19. PURCHASE ORDER – A document representing a contract between the City and the vendor, utilized for ordering goods and services, and subject to specific signature authorities based on the dollar value of the purchase(s) 20. REQUEST FOR STATEMENT OF QUALIFICATIONS (RSQ) – document providing details regarding a desired purchase (typically a service), and soliciting qualifications from vendors CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-03 2.04.001 1/11/2022 22 21. REQUEST FOR PROPOSALS (RFP) – document providing details regarding a desired purchase, and soliciting pricing quotations from vendors 22. REQUEST FOR QUOTATIONS (RFQ) – process to invite suppliers to provide written or verbal pricing and/or other details regarding products and services of interest to the City; facilitating vendor comparison and purchase under the best available terms 23. SOLE SOURCE PURCHASE – commodities and services that can be obtained from only one vendor, proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, or items that perform a complex or unique function; exempt from bidding 24. SURPLUS PROPERTY – personal property which the City no longer has use for, has fully depreciated, or which has exhausted its intended life; also goods in the possession or custody of the Department of Public Safety that are unclaimed, seized and/or abandoned 25. TASK ORDER – issued under Master Agreements to secure services from the consultant as needed; include the specific scope of work required by the City, the compensation due for that specific scope of work, and any terms and conditions that may pertain solely to the task; creates a financial obligation for the City 26. URGENT PURCHASE – a purchase made when a sudden, unexpected occurrence, while not an emergency as defined in the Purchasing Policies, necessitates expedited action to prevent or mitigate loss, protect property or public health and safety, and ensure essential public services (e.g., street signal outage, heating system failure at the Senior Center in winter, off-site fire truck repair) RESOLUTION NO. 2022-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE PURCHASING POLICY TO GRANT THE ASSISTANT CITY MANAGER THE SAME PURCHASING AUTHORITY AS THE CITY MANAGER WHEREAS; Government Code sections 54201 et seq. govern purchasing by local governmental bodies and require that every local agency adopt policies and procedures to govern their purchases of supplies and equipment; WHEREAS, the City Council of Rohnert Park has adopted Chapter 3.04, “Purchasing Program,” by o rdinance of the City Council, providing that purchasing policies of the City may be adopted and amended by resolution of the City Council; and WHEREAS, the City Council adopted the current Purchasing Policy by Resolution 2022-03 on January 11, 2022; and WHEREAS, the City Manager has delegated the task of signing contracts and agreements to the Assistant City Manager; and WHEREAS, staff recommend that the Council revise the Purchasing Policy to grant the Assistant City Manager the same purchasing authority as the City Manager to allow the Assistant City Manager to review, approve and execute any agreements, contracts, change orders, task orders and contract amendments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the attached Purchasing Policy, which is incorporated by this reference as though set forth in full, as the policy which shall supersede prior policies and shall govern the City’s purchasing functions pursuant to Chapter 3.04, “Purchasing Program,” of Title 3, “Revenue and Finance,” of the Rohnert Park Municipal Code. DULY AND REGULARLY ADOPTED this 24th day of May, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 1 TABLE OF CONTENTS CHAPTER 1. GENERAL INFORMATION ............................................................... PAGE 3 1.1 CONTROLLING REGULATIONS ........................................................................... PAGE 3 1.2 ETHICS AND ACCOUNTABILITY .......................................................................... PAGE 3 1.3 PURCHASING AGENT RESPONSIBILITIES ............................................................ PAGE 4 1.4 DEPARTMENT RESPONSIBILITIES ...................................................................... PAGE 4 CHAPTER 2. ENCUMBRANCE OF FUNDS ........................................................... PAGE 5 CHAPTER 3. PURCHASING METHODS................................................................ PAGE 5 3.1 PETTY CASH ................................................................................................... PAGE 5 3.2 CREDIT CARDS ............................................................................................... PAGE 6 3.3 PURCHASE REQUISITIONS ................................................................................ PAGE 7 3.4 PURCHASING LIMITS ........................................................................................ PAGE 7 3.5 CONTRACTS FOR GOODS AND SERVICES .......................................................... PAGE 7 3.6 TYPES OF CONTRACTS .................................................................................... PAGE 8 A. STANDING SUPPLY AGREEMENTS .............................................................. PAGE 8 B. MASTER SERVICE AGREEMENTS ................................................................ PAGE 9 C. COOPERATIVE PURCHASE AGREEMENTS .................................................... PAGE 9 D. CONSULTANT AND PROFESSIONAL SERVICES AGREEMENTS ......................... PAGE 9 E. CONTRACTS FOR NON-PUBLIC WORKS PROJECTS, GOODS AND GENERAL SERVICES ................................................................................. PAGE 9 F. CONTRACTS FOR PUBLIC PROJECTS ........................................................ PAGE 10 3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS .................... PAGE 11 3.8 URGENT AND EMERGENCY PURCHASES .......................................................... PAGE 12 CHAPTER 4. INFORMAL COMPETITIVE PRICING – GOODS AND SERVICES (NON-PUBLIC WORKS PROJECTS) .......................... PAGE 13 4.1 COMPETITIVE QUOTES ................................................................................... PAGE 13 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 2 CHAPTER 5. FORMAL COMPETITIVE PRICING – GOODS AND SERVICES (NON-PUBLIC WORKS PROJECTS) ............................................. PAGE 13 5.1 REQUEST FOR PROPOSALS (RFP) .................................................................. PAGE 13 5.2 INVITATION FOR BID (IFB) .............................................................................. PAGE 14 CHAPTER 6. LOCAL VENDOR/BIDDERPREFERENCE ..................................... PAGE 14 CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING ............................. PAGE 14 7.1 PURCHASES NOT READILY ADAPTABLE TO COMPETITIVE PRICING ........................ PAGE 14 7.2 SOLE SOURCE PURCHASES ............................................................................. PAGE 14 CHAPTER 8. PURCHASE SPECIFICATIONS ..................................................... PAGE 15 CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY ......................................... PAGE 15 9.1 PROPERTY W ITH NO SALVAGE VALUE ............................................................ PAGE 16 9.2 UNCLAIMED, SEIZED OR ABANDONED PROPERTY ............................................. PAGE 16 9.3 REPORTING .................................................................................................. PAGE 16 9.4 DONATIONS OF SURPLUS PROPERTY .............................................................. PAGE 16 CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS ..................... PAGE 16 10.1 RECYCLED PRODUCTS ................................................................................. PAGE 16 CHAPTER 11. CAPITAL EQUIPMENT .................................................................. PAGE 17 CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES ............ PAGE 17 CHAPTER 13. RISK MANAGEMENT ..................................................................... PAGE 17 CHAPTER 14. CONTRACTOR’S OPERATING REQUIREMENTS ........................ PAGE 18 APPENDIX – DEFINITION OF TERMS ................................................................... PAGE 19 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 3 CHAPTER 1. GENERAL INFORMATION 1.1. CONTROLLING REGULATIONS Controlling regulations for the Purchasing function are set forth in the City of Rohnert Park Municipal Code, and California Government Codes Sections 54202 and 54203. In the event of any conflict between the Purchasing Policies and the City of Rohnert Park Municipal Code and/or any City Council Resolution, then the Municipal Code or City Council Resolution shall take precedence. 1.1.1. Purchasing Policies shall be modified by means of periodic Resolution of the City Council. 1.1.2. Nothing within the Purchasing Policies shall be construed as requiring a department, purchaser, or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Additionally, nothing within the Purchasing Policies shall be construed as requiring the City, department, purchaser, or contractor to take any action that conflicts with local, State, or federal requirements. 1.1.3. Purchasing procedures may be developed and/or modified to facilitate compliance with Purchasing Policies, subject to City Manager approval. 1.1.4. Purchases related to the conduct of Public Projects may be subject to additional and/or different requirements, as described in these Policies. 1.2. ETHICS AND ACCOUNTABILITY Purchasing Policies are developed under the authority of Chapter 3.04 Purchasing Program of the City of Rohnert Park Municipal Code. The City Manager (or his/her designee) serves as the Purchasing Agent, and is charged with the responsibility and authority for coordinating and controlling the City’s purchasing function in accordance with Purchasing Policies. 1.2.1 The Purchasing Agent and all departments shall adhere to the Purchasing Policies when procuring materials, supplies, equipment, vehicles and services. All purchases shall be limited to the approved budget or as otherwise authorized by City Council, City Manager, or Assistant City Manager. Purchasing dollar limits specified in the Purchasing Policies are “per order” unless otherwise indicated. 1.2.2 Applicable competitive bidding categories, authorization limits or contract award procedures will be based on unit cost, total purchase cost for consolidated bid items, or fiscal year aggregates in the case of standing purchase orders or similar ongoing purchasing arrangements. Staging of CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 4 purchases to avoid competitive bidding procedures or authorization limits is prohibited. 1.2.3 All personnel engaged in the purchasing function shall exercise good judgment in the use and stewardship of City resources, and all Purchasing functions shall be conducted with absolute integrity and objectivity. Purchases are subject to public scrutiny; employees shall follow a strict rule of personal conduct that will not compromise the City in the conduct of its business. Any employee intentionally and/or repeatedly making purchases in a manner that circumvents ignores or fails to comply with the Purchasing Policy will be subject to disciplinary action, in accordance with City Personnel procedures. 1.3. PURCHASING AGENT RESPONSIBILITIES The City Manager or his/her designee shall act as the City’s Purchasing Agent. The Purchasing Agent is responsible for procurement of materials, supplies, equipment, vehicles and services; administration of Purchasing Policy and procedures; and management of surplus City property. To perform these functions efficiently and assist departments, the Purchasing Agent shall: A. Coordinate and manage procurement of the City’s materials, supplies, equipment, vehicles and services from the lowest responsive and responsible bidder when required by the Purchasing Policies. B. Ensure full and open competition on all purchases as required by the Purchasing Policies, and make purchase award recommendations to the appropriate authority. C. Identify, evaluate and utilize purchasing methods that best meet the needs of the City (cooperative purchases, standing purchase orders, contractual agreements, etc.). D. Recommend revisions to Purchasing Policy and procedures when necessary, and keep informed of current developments in the field of Public Purchasing. E. In consultation with the Finance Director act as the City’s agent in the transfer and disposal of surplus equipment and materials. 1.4. DEPARTMENT RESPONSIBILITIES Each Department is responsible for facilitating prudent, efficient and cost-effective purchases. To meet these responsibilities, Departments shall: A. Ensure staff is trained on the terminology and requirements set forth in the Purchasing Policy and procedures. B. Each Department Head shall provide a list with sample signature to the Finance Director and Purchasing Agent of staff authorized to approve CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 5 requisitions, blanket or standing purchase orders, authorize confirming purchase orders, invoices and the dollar limit for each individual. C. Minimize urgent and sole source purchases, and provide written findings and documentation when such purchases may be necessary. D. Prohibit splitting orders or projects for the purpose of avoiding procurement requirements or authorization limits. E. Anticipate requirements sufficiently in advance to allow adequate time to obtain goods in accordance with best purchasing practices. F. Maximize coordination of purchases to take advantage of cost savings for bulk purchases of commonly used goods and services. G. Identify the account from which purchases will be made and provide evidence that encumbrance appropriation are available in the budget. H. Provide a business justification for each purchase. I. Provide appropriate documentation that goods or services have been received, including properly signed off packing/receiving slips and confirmation that items have been received in good condition. J. Invoices related to contracts or purchases authorized by the City Council or City Manager or Assistant City Manager can be approved for payment by the Department Head or their designee. CHAPTER 2. ENCUMBRANCE OF FUNDS Except in emergency or urgent situations, the Purchasing Agent shall not issue any Purchase Order nor shall any contract be approved for materials, supplies, equipment, vehicles or services unless there exists an unencumbered appropriation in the department budget against which said purchase or contract is to be charged. Funds shall be encumbered by means of Purchase Order for all purchases exceeding $3,000. CHAPTER 3. PURCHASING METHODS 3.1 PETTY CASH Departments may request petty cash for use in purchasing small or immediately needed items, for expenditures that would be impractical to process through the Purchase Order system. Petty cash “banks” may be established and maintained for this purpose as authorized by the City Manager or Finance Director. A. Department Heads or designee shall be responsible for assuring compliance with the petty cash policy and procedures, and for the security of petty cash in the Department. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 6 B. Each Department that requests a petty cash banks shall appoint a custodian of the bank that is responsible for controlling the bank and requesting reimbursement to replenish funds. C. Department staff may make small or urgent purchases in amounts not to exceed $50 per request. Multiple petty cash slips shall not be used to “split” orders so as to circumvent this limit. D. Petty cash slips shall include the business justification for the purchase, and be signed by appropriate supervisory staff. E. Petty cash may not be “loaned” to any individual for any reason. Department’s petty cash “bank” will be replenished based on submittal of signed petty cash slips and receipts to Finance for expenditures made. The Finance Department shall periodically audit Department’s petty cash “bank”. 3.2 CREDIT CARDS Under certain circumstances, use of a City credit card may be the most appropriate method for purchases. 3.2.1. City credit cards will be distributed on an as-needed basis to staff at the discretion of the Department Heads. Delegated spending authority will be consistent with or lower than spending limits for Purchase Orders. 3.2.2. City credit cards shall be utilized for purchase of supplies and materials, and shall not be used to contract for or purchase services, including professional services. 3.2.3. All purchases by credit card shall be shipped or delivered to a City address. 3.2.4. All credit card purchases must be documented in the same fashion as regular purchases including properly signed off packing/receiving slips, confirmation that goods have received in good condition and business justifications for the purchases. 3.2.5. If sales tax has not been paid at the time of purchase, this must be noted so that Finance can ensure that sales/use tax is paid to the State. 3.2.6. Use of the City credit card for personal purchases, cash advances or to purchase alcohol is prohibited. 3.2.7. Failure to comply with established procedures may result in discontinuance of use of the credit card by the employee/department, and may subject the employee to disciplinary action, in accordance with City Personnel procedures. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 7 3.3 PURCHASE REQUISITIONS Departments shall submit requests for goods and equipment to the Purchasing Agent by standard Requisition Form. Signature authority for Requisitions shall be the same as that for Purchase Orders. 3.3.1 Departments shall submit completed Requisitions for purchases in excess of $3,000 that have yet to be made and for which the Purchasing Agent shall complete the purchase. 3.4 PURCHASING LIMITS 3.4.1 Authorized approvers of Requisitions and Contracts shall be limited as indicated in the table below: $1 to $1,000 Staff as delegated by Department Head $1 to $3,000 Supervisor/Manager as delegated by Dept. Head $1 to $15,000 Department Head, includes contracts $1 to $100,000 City Manager/Assistant City Manager, includes contracts Informal Bid Limit City Manager/Assistant City Manager, Construction Projects threshold as defined by California Uniform Public Construction Cost Accounting Act (CUPCCAA) as set forth in Public Contract Code section 22032, as it may be amended from time to time. 3.5 CONTRACTS FOR GOODS AND SERVICES 3.5.1 City contracts shall be consistent with State and federal laws, and shall be fully executed prior to the performance of any contract work. Each contract shall be approved as to form by the City Attorney, unless such contract is developed consistent with a template pre-approved as to form by the City Attorney (in which case the individual contract need not receive separate attorney approval). 3.5.2 Contract signature authority shall be aligned with that for purchasing limits, as designated in the Rohnert Park Municipal Code, Section 3.04, and as per contract. The City Manager, Assistant City Manager or designee may execute any contract for which authorization has been granted pursuant to Ordinance, Resolution, or other action of the City Council, providing sufficient unencumbered funds exist. Contracts or Agreements related to transfer of title to real property must be signed by the Mayor or designee. Any contract made, or purported to be made, by the City in violation of this section shall be void and of no force or effect. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 8 3.5.3 The term or life of an Agreement shall be set, including, e.g., dates for required performance, with dates for phase completion if applicable, as well as for overall project completion. An Agreement may be made for a project in which completion of required work extends beyond one year; such an Agreement is not considered a multi-year agreement in the context of this Policy. 3.5.4 Multi-year agreements are encouraged for ongoing general services and consultant/professional services with a defined scope of work such as, but not limited to, janitorial and landscape maintenance, attorneys and accountants, and printing. The annual value of multi-year contracts and single year contracts with options to renew shall be considered in obtaining the appropriate signature authority. Any renewal periods for such contracts shall require a contract amendment, including proper signatures, executed prior to performance of the additional work or provision of the additional goods. 3.5.5 The City Manager, Assistant City Manager, or designee may approve alternative selection, evaluation, and award procedures for a specific contract or class of contracts (except as provided herein), if available information demonstrates that a substantial cost savings, enhancement in quality or performance, or other public benefit will result from use of the alternative contracting method. The alternative contracting method shall meet the purpose and goals of the Purchasing Policies and shall substantially promote the public interest in a manner that could not be achieved by complying with the competitive procurement methods otherwise available under the Purchasing Policies. 3.5.6 In event of emergency or urgent circumstances City Manager and Assistant City Manager has the authority to authorize service contracts and follow up with City Council at the earliest opportunity. Except in an emergency or urgent circumstance, as approved by the City Manager, no work shall commence, until all required contract documentation (e.g., insurance certificates and endorsements, licenses, permits) has been provided to the City. 3.6 TYPES OF CONTRACTS A. Standing Supply Agreements - Department Heads, or designees, may negotiate Standing Supply Agreements with vendors for purchase of repetitive-use, non-capital equipment as defined in Chapter 11 “Capital Equipment” of the Purchasing Policy, items common to one or several departments. The Purchasing Agent will coordinate Standing Supply Agreements and process transactions by means of Purchase Order; signature authority and dollar values apply accordingly. B. Master Service Agreements – Department Heads may establish Master Service Agreements with specific vendors to provide services over time. A CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 9 Contract/Task Order including a written outline of the scope of work and payment terms is required for services made through Master Service Agreements; a new contract for each purchase is unnecessary. Contract dollar limits and signature authority are applicable, and requirements such as insurance and indemnification may vary depending on the type of service required. Funds shall be encumbered in an adequate amount to complete the task or order; unused funds will be unencumbered following completion of the purchase. C. Cooperative Purchase Agreements - The Purchasing Agent has the authority to: join with other public jurisdictions in Cooperative Purchasing Agreements; buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with this document, even if the City has not joined with that public agency in a formal agreement; and, purchase from the United States of America, any state, municipality or other public corporation, or agency, without following formal purchasing procedures as defined in the Purchasing Policy. A Purchase Order is required for purchases made through Cooperative Purchase Agreements, subject to approvals and dollar limitations accordingly. D. Consultant and Professional Services Agreements - The City Manager or designee shall prescribe the procedures governing the solicitation and selection of proposals, and award of consultant service Agreements, including professional services. Contracts may be awarded through a competitive or negotiated process based on solicitation of qualifications and proposals of at least three providers (which may be waived at the discretion of the City Manager or Assistant City Manager based on State law, and for sole source, urgent and emergency purchases, or as otherwise provided in the Purchasing Policy). Such procedures shall have the express purpose of obtaining contractual services of the highest quality together with the most cost-effective pricing. Proposals and/or Qualifications solicited for Professional Services shall be evaluated based on criteria other than pricing, as defined in the solicitations (such as demonstrated competence and professional qualifications), and the City may then negotiate with the most responsive and responsible vendor For grant funded projects, the City shall follow any procurement requirements imposed under the grant agreement or required for use of grant funding. For state and federally funded transportation projects, the City shall procure architectural and engineer services agreements in accordance with the State of California Department of Transportation Local Assistance Procedures Manual, Chapter 10, as may be subsequently amended, in order to maintain eligibility for reimbursement. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 10 E. Contracts for Non-Public Works Projects, Goods, and General Services- Contracts may be established for non-public works projects and purchases of goods and general (i.e., non-consultant) services, utilizing informal or formal processes for submission of proposals or bids. Contracts shall be developed based on the requirements for those processes as indicated in the Purchasing Policy and procedures F. Contracts for Public Projects - Accounting procedures were established by the California Uniform Public Construction Cost Accounting Commission, and are detailed in the Commission’s Accounting Policies and Procedures Manual. PCC §22000-22050 describe both the informal and formal bidding procedures, project dollar thresholds, bidding and noticing requirements, rejection of bids, the definition and procedure for emergency Public Projects, and other mandates related to CUPCCAA. Rather than the City’s Purchasing Ordinance or Policy, Public Projects are subject to definitions, terms and conditions specified in the California Uniform Public Construction Cost Accounting Act (CUPCCAA), Public Contract Code Section 2200, et seq., as may be amended from time to time. When Public Contract Code (PCC) requirements contradict City requirements, the PCC will apply. PCC § 22002(c), as may be amended, defines a “Public Project” as: (a) "Public project" means any of the following: (i) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (ii) Painting or repainting of any publicly owned, leased, or operated facility. (iii) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. (b) "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following: (i) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (ii) Minor repainting. (iii) Resurfacing of streets and highways at less than one inch. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 11 (iv) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (v) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. (c) For purposes of this chapter, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement. City Council adopted Ordinance No. 710 and Resolution No. 2004-70 in March 2004, thereby electing that the City become subject to CUPCCAA. The competitive bidding process is not required for public projects less than $3,000. The City Manager and Assistant City Manager are authorized to award Public Project contracts solicited through CUPCCAA informal bidding processes. Contracts exceeding the informal bid limit set forth in Public Contract Code section 22032 (as it may be revised from time to time), are let in accordance with CUPCCAA formal bidding procedures, and awarded by the City Council. In accordance with Government Code section 830.6, the City Engineer shall have authority to review and approve the plan or design of any construction work or work of improvement to public property, for contracts for construction subject to approval by the City Manager or Assistant City Manager. For contracts to be awarded by the City Council, the City Engineer shall review such plans and designs and shall recommend the approval of such plan or design by the City Council as part its of award of such contract. PCC § 22037, as may be amended, describes the formal bidding process as follows: Notice inviting formal bids shall state the time and place for receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency; or if there is no newspaper printed and published within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as places for the posting of its of its notices. The notice inviting formal CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 12 bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. In addition to the notice required by this section, the public agency may give such other notice as it deems proper. 3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS A substantial change to a Purchase Order or Contract (i.e., pricing, terms and conditions, specifications and/or scope of work) shall be documented as a Change Order, Task Order, or Contract Amendment. 3.7.1 City Manager, Assistant City Manager and Department Heads may sign Change Orders, Task Orders, and Contract Amendments for purchases and contracts up to the maximum of the limits set forth in section 3.4.1. 3.7.2 Change Orders, Task Orders, and Contract Amendments generally should not exceed 10% of the original contract amount, unless authorized by the applicable signing authority. A new scope of work and/or a new contract may be required when the change exceeds 10% of the original amount. The individual designated in the initial Contract or Council Action shall make that decision. 3.7.3 A Change Order, Task Order, or Contract Amendment is not required when taxes, shipping and/or handling cause a purchase to exceed the authorized amount; the signatory limit may also be exceeded in that circumstance. 3.8 URGENT AND EMERGENCY PURCHASES Sound judgment shall be used in keeping urgent, disaster and emergency purchases to an absolute minimum. Specific procedures for managing these purchases shall apply, as determined by the Finance Director and Purchasing Agent. 3.8.1 Urgent Purchases – Immediate purchases of material, supplies, equipment, and/or services may be made when an urgent circumstance (as defined in the Purchasing Policy Appendix) exists, and procurement should not be delayed by use of normal competitive and financial procedures. Urgent purchases shall be authorized by the City Manager or designee. Urgent purchases shall be followed, as soon as practical, with submission of a Confirming Requisition that includes a written justification for the purchase having been made outside normal procedures, and Council will be notified as soon as practicable. Lack of planning does not constitute justification for an urgent purchase. 3.8.2 Disaster and Emergency Purchases – In a disaster or emergency (as defined in the Purchasing Policy Appendix), the City Manager or his/her CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 13 designee may authorize deviation from the purchasing practices required by the Purchasing Policy, including, but not limited to, the immediate purchase of material, supplies, equipment, and professional services, including those in excess of his/her City Council-approved signature threshold, in the manner provided for in the Purchasing Policy Appendix. CHAPTER 4. INFORMAL COMPETITIVE PRICING – GOODS AND GENERAL SERVICES, NON-PUBLIC WORKS PROJECTS 4.1 COMPETITIVE QUOTES The Department or the Purchasing Agent may purchase goods and services in the open market based on evaluation of competitive quotes. A minimum of three (3) competitive quotes shall be solicited for purchases greater than $3,000 and less than $100,000. Requests for quotations must be made or distributed, utilizing Request for Quotation forms or alternate forms as may be approved. Written documentation of quotes must be provided. 4.1.1 Competitive quotes are not required for purchases below $3,000, but shall be solicited prior to completing Purchase Orders if reasonably possible. 4.1.2 The City Manager/Designee may award the purchase to the lowest responsive and responsible party whose quote fulfills the intended purpose, quality, and delivery needs of the solicitation. In lieu of awarding the purchase, the City Manager/Designee may reject the quotes, or may negotiate further to obtain terms more acceptable to the City. 4.1.3 The City Manager/Designee may dispense with quotes in emergency and urgent circumstances, as outlined under Section 3.8 “Urgent and Emergency Purchases” of the Purchasing Policy. CHAPTER 5. FORMAL COMPETITIVE PRICING – GOODS AND GENERAL SERVICES, NON-PUBLIC WORKS PROJECTS When purchases are anticipated to exceed $100,000, and/or require City Council approval, formal competitive procedures must be completed. These procedures include sealed proposals solicited through a Request for Proposal (RFP) and sealed bidding solicited through an Invitation for Bid (IFB). 5.1 REQUESTS FOR PROPOSALS (RFP) 5.1.1 A contract or purchase agreement may be entered into by means of sealed proposals solicited through a Request for Proposal (RFP). The Request for Proposal shall state the criteria for evaluation and the relative importance of price and other factors. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 14 5.1.2 The Purchasing Agent shall determine the RFP procedures, including whether and where public notice of formal proposals shall be made. Sealed proposals shall be submitted to the Purchasing Agent by the date and time specified on the prescribed forms. 5.1.3 No work shall be performed unless and until a contract has been executed, except under urgent and emergency circumstances as defined in this policy. 5.2 INVITATION FOR BID (IFB) A contract or purchase may be entered into by means of sealed proposals solicited through an Invitation for Bid (IFB). The Purchasing Agent shall determine the procedures for IFBs for non-public projects, and no work shall be performed unless and until a Purchase Order has been issued, except under urgent and emergency circumstances as defined in the Purchasing Policy. CHAPTER 6. LOCAL VENDOR/BIDDER PREFERENCE 6.1 A bid price preference of 1% shall be granted to local vendors/bidders (those providing goods or services in the City of Rohnert Park, or elsewhere in Sonoma County); however, the preference shall not exceed $5,000. 6.2 Rohnert Park vendors/bidders will be given priority in the selection process over those from other Sonoma County cities if the Rohnert Park bid is evaluated equally to any of those cities. To qualify for the preference, local vendors/bidders must submit proof of the address of their principal place of business and a copy of a current City business license. 6.3 The local vendor/bidder preference shall apply when written proposals or bids are solicited, but shall not apply to Public Projects or purchases made in cooperation with other jurisdictions. The local vendor/bidder preference will be waived when prohibited by federal, State or other law or regulation, or by conditions specified by grantors, as determined by the Purchasing Agent. CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING - GOODS AND GENERAL SERVICES, NON-PUBLIC PROJECTS 7.1 Purchases not readily adaptable to the open market and bidding processes may be eligible for exemption from competitive pricing. These purchases include, but are not limited to utilities, subscriptions, memberships, software licenses, advertisements, temporary services, insurance or bond premiums and travel expenses. Exemptions are restricted to those items appearing on a list maintained by the Purchasing Agent. Departments may submit written requests to the Purchasing Agent for additional exemptions, which will be approved if appropriate and added to the list. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 15 7.2 Sole Source Purchases - Upon recommendation of the Department Head, the City Manager or Assistant City Manager may waive bidding requirements for sole source purchases if he/she determines sufficient justification exists. Sole source purchases shall be coordinated by the Purchasing Agent, and may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in Sonoma County, items that perform a complex or unique function or purchases when a certain product is the only one proven to be acceptable or compatible with existing equipment. Sole source purchases should be kept at a minimum, to encourage competition and more favorable prices. 7.3 Cooperative Purchases as defined in the Purchasing Policies are exempt from competitive pricing conducted by the City. CHAPTER 8. PURCHASE SPECIFICATIONS 8.1 Use of brand names in specifications shall be for the purpose of describing the standard of quality, performance, and characteristics the City desires, and not be intended to limit or restrict competition. If a brand name is incorporated into a specification, a minimum of two acceptable brands shall be listed whenever possible and shall be followed by the statement “or approved equal” unless the sole source policy applies. 8.2 Use of specifications provided by a specific manufacturer should be avoided, however, if used, the name of the manufacturer, model number, etc., should be indicated. The bid document shall clearly state that the use of the manufacturer’s specifications are for the sole purpose of establishing the level of quality desired. The Purchasing Agent will determine and approve any product submitted as an “or equal.” 8.3 The Purchasing Agent may limit bidding to a specific product type or a brand name product when purchasing equipment or supplies required to be compatible with existing equipment or to perform complex or unique functions. 8.4 Public Contract Code § 3400 requirements should be reviewed when brand names and/or manufacturer specifications are being considered for inclusion in a bid solicitation. CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY The City Manager or designee is authorized to exchange, trade-in, sell and dispose of surplus personal property having salvage value in the open market, by public auction, by competitive sealed bids or by exchange or trade in for new goods. The sale or lease of surplus personal property to a governmental, public or quasi-public agency may be without advertisement for or receipt of bids. Employees are not eligible to receive or purchase surplus property, however, employees may receive personalized items, and receive or CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 16 purchase at market value items considered to be memorial or commemorative in nature, subject to City Manager approval. 9.1 PROPERTY WITH NO SALVAGE VALUE Surplus personal property with no salvage value, as determined by the Purchasing Agent, shall be disposed of in a manner that salvages recyclable components, if practical. 9.2 UNCLAIMED, SEIZED OR ABANDONED PROPERTY The Purchasing Agent, with City Manager approval, is authorized to sell or dispose of all goods in the possession or custody of the Department of Public Safety which are unclaimed, seized and/or abandoned and may be legally disposed of by the City. 9.3 REPORTING The Purchasing Agent shall provide reports to Finance Director indicating surplus personal property disposed of, the method of disposal, and the amounts received from disposal, and shall maintain records for public inspection relative to the disposal of surplus personal property for a period of time in compliance with State law and the City’s records retention schedule. 9.4 DONATIONS OF SURPLUS PROPERTY Upon approval in advance in writing by the City Manager, surplus personal property may be donated to governmental, public or quasi-public agencies, charitable or non-profit organizations on a first-come first-served basis to be utilized for non-profit purposes. CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS In purchasing paper products (including printing and writing paper), the City shall require the following: (1) If fitness and quality are equal, City employees and departments shall purchase and use recycled-content paper products, that consists of at least 30 percent by fiber weight postconsumer fiber, instead of non-recycled products whenever recycled paper products are available at the same or lesser total cost than non-recycled items. Whenever recycled content paper products are procured, they shall meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. (3) The City shall require that vendors certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 17 (4) The City shall require that vendors certify in writing, on invoices or receipts provided, that the paper products offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). (5) Provide records to the City’s procurement recordkeeping designee of all paper product purchases within thirty (30) days of the purchase (both recycled-content and non- recycled content, if any is purchased) made by any department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products are provided, include a description of why recycled-content products were not procured. 10.1 RECYCLED PRODUCTS Recycled products covered under this policy include: paper (printing and copy), paper products, plastic, printer cartridges, antifreeze, glass, metal, oil, paint, solvents, tires, tire-derived products, compost and aggregate, such as those used in building construction, road construction, office products and fleet maintenance. 10.2 EXCEPTIONS Exceptions to this policy are granted under the following conditions: A. The cost is greater than 105% of the cost of a comparable non-recycled product. B. A recycled product option cannot be identified, after a due diligence search. C. Critical performance criteria cannot be met by any recycled product. D. A recycled product is not available within a reasonable amount of time. E. Other exceptions as granted by consent of the City Manager or Assistant City Manager. CHAPTER 11. CAPITAL EQUIPMENT Purchase of equipment or furniture at a unit cost of $5,000 or greater with a useful life greater than 5 years shall be capitalized in accordance with the City’s capitalization policy. A Purchase Order must be issued; Standing Purchase Orders may not be substituted. At the time of receipt, a tracking number shall be issued and affixed to the asset. CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES To keep costs under control and assure implemented technologies work together harmoniously and meet staff needs, the City of Rohnert Park Information Technology CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 18 Department (IT) shall standardize and control all purchases of equipment touching the Data and Telephone networks, as well as desktop computers. 12.1 With limited exceptions, the Information Technology Department shall include in its annual budget funding to support all cross-department technologies, and shall work cooperatively with the Purchasing Agent to identify technology vendors and purchasing methods. While the Information Technology Department may provide support for specific departmental technology needs, those needs may be funded through department budgets. 12.2 The list of those authorized by the City Manager or Assistant City Manager to request technology purchases shall be maintained by the Information Technology Department. CHAPTER 13. RISK MANAGEMENT 13.1 The Purchasing Agent shall adhere to and follow the insurance requirements and monitor compliance as established by the City’s Risk Management Agency. In accordance with the type of services to be provided. The Purchasing Agent shall ensure the proper insurance requirements are included in any standard contract for services. Contracts will not be fully executed until all required insurance certificates and endorsements have been received, reviewed and approved; additional requirements may apply to Public Projects. 13.2 Requirements for contract bonds, such as Performance Bonds, Labor and Material Bonds and/or Fidelity Bond shall be determined by the Project Manager’s Department Head, with advisement from the Purchasing Agent when required. Bonds are maintained by the project manager, and forwarded to the City Clerk’s office upon contract completion. Requirements related to Public Projects may vary from those for non-public projects. CHAPTER 14. CONTRACTOR’S OPERATING REQUIREMENTS 14.1 Any person doing business in the City must possess a current City of Rohnert Park Business License, as required by the Rohnert Park Municipal Code. 14.2 Prior to contract award, the project manager shall verify that the contractor’s State Contractors License is valid and in good standing, and the Contractor has not been debarred by the Federal Government. Verification shall be documented in the permanent contract file. 14.3 No contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 19 14.4 All contractors (including consultants and service providers) and their respective subcontractors who meet any of the following criteria shall be required to successfully pass a California Department of Justice Live Scan Fingerprinting background check conducted by the City of Rohnert Park Department of Public Safety: • Work with children when performing on-site services • Access City of Rohnert Park computers Contractors shall be responsible for obtaining Live Scan Fingerprinting prior to performing work and shall bear the cost thereof at the time of fingerprinting. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 20 APPENDIX – DEFINITION OF TERMS 1. AMENDMENT – any change or modification in the terms and conditions of a contract, accomplished by agreement of the parties; similar function to a change order 2. AWARD – a contract or purchase made with a vendor that successfully completes a bidding or competitive proposal process 3. BIDDER’S LIST – list of responsible prospective suppliers and contractors to whom notice of Invitations for Bid on Public Projects may be delivered 4. CHANGE ORDER – document used to detail a substantial change to a Purchase Order or construction contract 5. CITY – City of Rohnert Park, California 6. COMPETITIVE QUOTE – verbal or written pricing quotation made by vendor(s) regarding specific purchases; typically three are required prior to purchasing item or service (also known as Informal Competitive Pricing) 7. CONSULTANT SERVICES – services of an advisory nature that provide a recommended course of action or personal expertise, and that have an end product which is basically a transmittal of information 8. CONTRACT – all types of City agreements, regardless of what they may be called, for the procurement or disposal of goods, supplies, services, professional or consulting services, or construction 9. CONTRACTS FOR GOODS AND VARIOUS SERVICES – for purchases of goods and services through non-pre-qualified vendors for non-public projects, utilizing informal or formal processes for submission of proposals or bids, based on the requirements for these processes 10. CONTRACTOR – any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor, printer, or other entity not in the employment of the City that has entered into a binding contract with the City, or serves in a subcontracting capacity with an entity having a contract with the City, to provide goods, supplies, services, professional services, construction or disposal of surplus supplies 11. EMERGENCY PURCHASE – purchase or service procured under circumstance of a Federal, State or City declared disaster or where a circumstance poses clear, substantial, and imminent danger (e.g., fire, flood, explosion, storm, earthquake, epidemic, riot, civil defense) and immediate action is necessary to prevent or mitigate major loss or significant impairment of life, health, property, or essential public services; procurement should not be delayed by use of normal competitive and CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 21 financial procedures. Emergency purchases related to Public Projects must meet requirements established by CUPCCA. 12. ENCUMBRANCE – placement of a financial hold on a specified amount of funds designated for a particular purpose, prior to making a purchase or payment on a contract related to that purpose, and preventing the use of those funds for any other purpose 13. EXEMPT PURCHASE – a purchase not readily adaptable to the open market and formal bidding or competitive pricing processes, such as magazine subscriptions and membership dues; also emergency and other purchases as detailed in the Purchasing Policy 14. GENERAL SERVICES – the furnishing of labor, time or effort by a vendor primarily through use of manual or technical skills that may or may not produce a tangible commodity; e.g., janitorial work, landscape maintenance, equipment repair and service, rubbish and waste removal, clothing rental and cleaning, and minor repainting (non-public projects) 15. JOB ORDER CONTRACT – a contract competitively bid for a base year and multiple option years for Public Projects of minor construction and renovation, alterations, painting and repair of existing facilities 16. LOWEST RESPONSIBLE, RESPONSIVE BIDDER – bidder submitting the bid or proposal meeting all requirements of the specifications, terms, and conditions of the Invitation for Bids or Request for Proposal resulting in the lowest cost to the City in a total cost concept or based solely on price, taking into consideration the financial and practical ability of the vendor to perform the contract and past performance of the vendor 17. PERFORMANCE BOND – a bond issued to the City as a guarantee against the failure of a contractor to meet obligations specified in the contract 18. PROFESSIONAL SERVICES – services provided by an educated, certified or licensed specialist, or technical expert, that may be subject to procurement restrictions in accordance with State law, and City contract requirements, beyond that of regular (non-professional) consultant services 19. PURCHASE ORDER – A document representing a contract between the City and the vendor, utilized for ordering goods and services, and subject to specific signature authorities based on the dollar value of the purchase(s) 20. REQUEST FOR STATEMENT OF QUALIFICATIONS (RSQ) – document providing details regarding a desired purchase (typically a service), and soliciting qualifications from vendors CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE PAGE PURCHASING POLICY 2022-052 2.04.001 5/24/2022 22 21. REQUEST FOR PROPOSALS (RFP) – document providing details regarding a desired purchase, and soliciting pricing quotations from vendors 22. REQUEST FOR QUOTATIONS (RFQ) – process to invite suppliers to provide written or verbal pricing and/or other details regarding products and services of interest to the City; facilitating vendor comparison and purchase under the best available terms 23. SOLE SOURCE PURCHASE – commodities and services that can be obtained from only one vendor, proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, or items that perform a complex or unique function; exempt from bidding 24. SURPLUS PROPERTY – personal property which the City no longer has use for, has fully depreciated, or which has exhausted its intended life; also goods in the possession or custody of the Department of Public Safety that are unclaimed, seized and/or abandoned 25. TASK ORDER – issued under Master Agreements to secure services from the consultant as needed; include the specific scope of work required by the City, the compensation due for that specific scope of work, and any terms and conditions that may pertain solely to the task; creates a financial obligation for the City 26. URGENT PURCHASE – a purchase made when a sudden, unexpected occurrence, while not an emergency as defined in the Purchasing Policies, necessitates expedited action to prevent or mitigate loss, protect property or public health and safety, and ensure essential public services (e.g., street signal outage, heating system failure at the Senior Center in winter, off-site fire truck repair) CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: APPENDIX TO PURCHASING POLICY: EMERGENCY AND DISASTER PURCHASING POLICY 2.04.001 APPENDIX ☒RESO NO: 2018-154 NOVEMBER 27, 2018 Page 1 of 6 TABLE OF CONTENTS 1.GENERAL INFORMATION ...................................................................................................................... 1 2.DELEGATION OF PURCHASING AUTHORITY IN EMERGENCY ................................................................ 2 3.PROCUREMENT PROCEDURES .............................................................................................................. 3 4.REPORTING AND CONTRACTING .......................................................................................................... 5 1.GENERAL INFORMATION 1.1. Purpose and Scope. 1.1.1. This Emergency and Disaster Purchasing Policy (“Policy”) modifies the City’s normal purchasing practices to assure that, in exigent circumstances caused by a proclaimed Emergency or Disaster, the City is able to acquire the goods and services required to address an immediate threat to life, public health, or safety or an immediate threat of significant damage to improved public and private property while still maintaining an effective purchasing process and complying with applicable local and state purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this Policy also assures that City procurements comply with federal regulations applicable to FEMA (Federal Emergency Management Agency) disaster grant reimbursement. 1.1.2. This Policy does not govern emergency purchases related to Public Works projects, which are subject to the procedures set forth in the Public Contract Code sections 20168 and 22050 et seq. Emergency purchases to repair or replace public facilities may proceed prior to adoption of the working details, drawing, plans, and specifications, only when in accordance with the Public Contract Code. Staff responsible for Public Projects shall be held accountable for compliance with these requirements. 1.1.3. For purposes of this Policy, an Emergency and Disaster shall be deemed to exist when a condition exists that presents an immediate threat to life, public health, or safety, or an immediate threat of significant damage to improved public or private property, and a local Emergency or Disaster has been proclaimed. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to health, safety, or improved property shall follow the City’s regular Purchasing Policy. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: APPENDIX TO PURCHASING POLICY: EMERGENCY AND DISASTER PURCHASING POLICY 2.04.001 APPENDIX ☒ RESO NO: 2018-154 NOVEMBER 27, 2018 Page 2 of 6 1.2. Definitions. For purposes of this Policy: 1.2.1. A proclaimed disaster or emergency exists if: (1) the Governor has declared a state of emergency for an area which includes the geographic territory of the City; or (2) the City has declared an emergency in the City in the manner provided for in Chapter 2.52 of the Rohnert Park Municipal Code. 1.2.2. "Director of Emergency Services" means the person designated as the director of emergency services as specified in Rohnert Park Municipal Code Section 2.52.050, as may be amended from time to time. 2. DELEGATION OF PURCHASING AUTHORITY IN EMERGENCY 2.1 City Manager Authority. In an emergency, if the City Manager or Director of Emergency Services determines that material, supplies, equipment, and/or services must be procured before the City Council is able to assemble and approve these purchases, the City Manager has authority, subject to the limitations set forth in sections 2.1.1 and 2.1.2, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to health, safety or improved property. 2.1.1 Limits of Single Purchase Authority. The City Manager or Director of Emergency Services or his/her designee shall have the authority to make individual purchases up to and including $500,000 on his or her signature alone. The City Manager or Director of Emergency Services or his/her designee shall have the authority to make purchases in excess of $500,000, up to a maximum of $1,000,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by another councilmember. If the Mayor or a councilmember is physically unavailable to provide a physical signature, then approval by electronic or verbal means shall be permitted and such approval shall be documented by the City Manager or Director of Emergency Services. 2.1.2 City Council Authorization. Nothing contained in this Policy shall limit the authority of the City Manager to make purchases and take such other emergency steps as are, or may be, authorized by the City Council, including opening a line or lines of credit to accommodate necessary purchases. 2.2 Sub-Delegation of Purchasing Authority. At any time that the City Manager is not available to approve purchases as allowed in this chapter, the duty shall be carried out by the Director of Emergency Services. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: APPENDIX TO PURCHASING POLICY: EMERGENCY AND DISASTER PURCHASING POLICY 2.04.001 APPENDIX ☒ RESO NO: 2018-154 NOVEMBER 27, 2018 Page 3 of 6 2.3 Sub-Delegation of Purchasing Authority to Department Heads. If none of the people designated in the order of succession as Director of Emergency Services are available, and the delay in getting his/her signature would pose an immediate threat to health, safety, or improved property, the City Department Directors (including Public Safety, Public Works, Human Resources, Development Services, and Finance) or his/her designee, shall each have authority to procure in accordance with other requirements of this Policy any equipment, supplies, services, or other items necessary for his or her department to respond to the immediate threat to health, safety, or improved property, up to a maximum of $100,000. 3. PROCUREMENT PROCEDURES 3.1 Compliance with Federal Regulations. All purchases made under this Policy shall comply with the applicable provisions of 2 CFR Part 200, as those regulations may be amended from time to time. 3.2 Requisition. 3.2.1 Competition. All procurements must be conducted in a manner that promotes full and open competition. 3.2.2 Procurement Methods. The following methods of procurement may be utilized by the City Manager or Director of Emergency Services or his/her designee using the methods of procurement set forth in 2 CFR section 200.320, as may be subsequently amended from time to time. At the time of adoption of this Policy, the federal procurement thresholds, as set forth in 2 C.F.R. section 200.320 are: Under $10,000 Micro-Purchases: no solicitation required so long as the price is deemed reasonable. $10,000 to $250,000 Small Purchases: informal procurement required via receipt of an adequate number of price quotes. $250,001 and above Sealed Bids or Competitive Proposals. Sealed Bids: require formal advertising, two or more bidders are willing and able to respond, and a public opening of the bids. A fixed price contract is awarded to lowest responsive and responsible bidder. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: APPENDIX TO PURCHASING POLICY: EMERGENCY AND DISASTER PURCHASING POLICY 2.04.001 APPENDIX ☒ RESO NO: 2018-154 NOVEMBER 27, 2018 Page 4 of 6 Competitive Proposals: when sealed bids is not appropriate, requires advertising, includes a written method for conducting the technical evaluation, and responses must be solicited from an adequate number of qualified sources, normally more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. 3.3 Non-Competitive Purchasing. Procurement by solicitation from a single source is allowable only when one or more of the following situations apply: (1) the item is available only through a single source; (2) public exigency or emergency will not permit delay required from competitive solicitation; (3) the purchase will be reimbursed from a federal grant, and the federal awarding agency or pass-through entity has expressly authorized a noncompetitive process; (4) after solicitation of a number of sources, competition is deemed inadequate. 3.4 Justification of Non-Competitive Purchasing. Any use of non-competitive purchasing shall be justified and documented prior to purchase. 3.4.1 The City Manager or Director of Emergency Services may determine procurement by non-competitive purchasing is appropriate if sufficient justification exists. 3.4.2 If the decision to use non-competitive purchasing is solely based on public exigency or emergency, then the procurement should be limited to that which must be performed immediately, allowing subsequent procurement by competitive proposals. Examples of such acquisitions include, but are not limited to: (1) placement of emergency protective measures; (2) procurement of scarce commodities, goods, or services; or (3) acquisition or rental of emergency equipment, emergency consulting services, emergency road clearance or other emergency requirements. 3.5 Solicitation Procedures for Non-Competitive Proposals. Even where exempt from competitive solicitation, telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids, shall be conducted in an effort to obtain multiple competitive proposals, when and if time allows in light of the exigent circumstances. If reimbursement under a federal grant award is anticipated for the purchase, then in accordance with 2 CFR section 200.323, the City Manager or the Director of Emergency Services shall ensure that profit is negotiated as a separate element of the price for each contract in which there is no price competition. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: APPENDIX TO PURCHASING POLICY: EMERGENCY AND DISASTER PURCHASING POLICY 2.04.001 APPENDIX ☒ RESO NO: 2018-154 NOVEMBER 27, 2018 Page 5 of 6 3.6 Solicitation Requirements for Competitive Proposals. 3.6.1 Locations of Postings for Requests for Proposals or Solicitation of Bids. The City Manager or the Director of Emergency Services may waive requirements for public posting of requests for proposals or solicitation of bids, provided the invitation for bids or request for proposals is advertised or publicized. Notices soliciting bids or requests for proposals may be posted at the Emergency Operations Center or Alternate Emergency Operations Center, if the primary Emergency Operations Center is not being used. 3.6.2 Length of Time for Posting Requests for Proposals or Solicitation of Bids. The City Manager or the Director of Emergency Services may shorten any bid period to expedite the award of contracts for emergency equipment, goods, or services, and should seek to assure that the shortened bid period allows multiple suppliers to submit bids. 3.6.3 Number of Bids Required. Solicited bids that are non-responsive shall count towards the minimum numbers of bids required when there is a declared Emergency and Disaster in the City. 3.7 Contract Price Analysis. For a purchase over $250,000, if reimbursement under a federal grant award is anticipated, the City Manager or the Director of Emergency Services shall ensure that a cost or price analysis in accordance with 2 CFR section 200.323 is performed prior to receiving bids or proposals, and that profit is negotiated as a separate element of the price for each contract. 4. REPORTING AND CONTRACTING 4.1 Reporting. As soon as reasonably possible after purchases are made pursuant to this Policy, the Director of Emergency Services or department head shall submit to the Finance Director, or his or her designee, a requisition and notation that the commodity has been ordered on an emergency basis from the vendor designated together with justification for the purchase having been made pursuant to this Policy. Upon receipt of requisitions, the Finance Director, Purchasing Agent, or his/her designee, shall prepare purchase orders for the emergency equipment, supplies, services, or other items in accordance with the requirements of this Policy. 4.2 City Council Notification. The Finance Director or his/her designee, shall inform the City Council, at its next regular or special meeting or as soon as reasonably possible thereafter, of any purchases made in excess of $100,000, or whenever the aggregate of purchases is greater than $500,000. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: APPENDIX TO PURCHASING POLICY: EMERGENCY AND DISASTER PURCHASING POLICY 2.04.001 APPENDIX ☒RESO NO: 2018-154 NOVEMBER 27, 2018 Page 6 of 6 4.3 Public Posting of Contract Awards. All contracts awarded that exceed $100,000 shall be provided to the City Council within thirty (30) days of award, and thereafter shall be publicly posted. 4.4 Authority to Cancel Emergency Procurements. Any purchase order or contract procured under this Policy shall include a provision indicating that the City has the authority to rescind or terminate a contract for non-performance when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or non-performance presents an immediate threat to health, safety, or improved property. 4.5 Requirement for Separate Invoicing. All contracts and purchase orders made under this Policy shall require separate invoicing from routine (non-disaster related) purchases, and require invoices to state the goods, services, or equipment provided and shall specify the location where the goods or services were delivered. 4.6 Mandatory Federal Terms. If reimbursement under a federal grant award is anticipated for a purchase, then the purchase orders or contract for such purchase shall contain all provisions required under 2 CFR section 200.326. ITEM NO. 6.I. 1 Meeting Date: May 28, 2019 DRAFT Date: May 24, 2022 Department: Public Safety, Fire Division Submitted By: Jim Thompson, Fire Marshal Prepared By: Jim Thompson, Fire Marshal Agenda Title: Adopt a Resolution Declaring Weeds to be a Nuisance and Provide for Weed Abatement Pursuant to Government Code Sections 39560 Through 39588; Article 2 - Alternative Procedures for Weed and Rubbish Abatement and Set a Public Hearing For June 14, 2022 RECOMMENDED ACTION: Staff recommends that the City Council adopt a resolution declaring weeds to be a nuisance and provide for weed abatement pursuant to Government Code Sections 39560 through 39588; Article 2 – Alternate Procedures for Weed and Rubbish Abatement and set a public hearing for June 14, 2022. BACKGROUND: Each year the City Council adopts resolutions declaring weeds to be a nuisance and directing property owners to abate the weeds or be subject to City-initiated abatement through the use of a contractor. ANALYSIS: A citywide inspection for lots and properties for compliance of the weed abatement standards has been implemented by the City. Property owners are contacted by letter, phone or e-mail to remind them about the annual process of cutting hazardous vegetation. Late spring rains could create the need for property owners to cut twice and final compliance could be delayed. This program has been successful for years and has historically been able to achieve 100 percent compliance. We intend to continue that successful record. Rohnert Park Chapter 8.08 provides for the City’s process for weed abatement, in conjunction with state law. As part of the process, the Council adopts a resolution declaring the existence of weeds on specified properties to be a public nuisance subject to abatement by the City, if property owners do not take action to address their own weeds. This first resolution fixes the date for property owners to protest any destruction of weeds on their lands. After the resolution is adopted, the municipal code requires that notice of the hearing be published twice. Staff intends Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.I. 2 to have the notice published in the Community Voice regarding the Weed Abatement Hearing to be scheduled for June 14, 2022. Additionally, written notices of the hearing and the requirement to abate weeds will be mailed to non-compliant property owners in accordance with provisions of state law. At the June 14, 2022 protest hearing, the City Council will be asked to adopt a resolution authorizing abatement of weeds by the City, at the property owner’s expense. Upon adoption of the resolution authorizing abatement, property owners become liable for any subsequent costs of enforcement, which may be imposed as a lien against the property. Inspections for compliance of the properties noted would be scheduled to begin June 27, 2022 with abatements to begin July 25, 2022. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This item aligns with the City’s Strategic Plan Goal C – Ensure the effective delivery of services, and Plan Goal D – Continue to develop a vibrant community. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends adopting the resolution declaring weeds subject to abatement. Historically, this weed abatement procedure has been utilized each year with good results and no opposition. 2. Alternative: Staff also considered the option of not abating unmanaged weed growth on properties within the city. This results in a blighted appearance and has been a contributing factor in significant vegetation fires during the summer and fall months. FISCAL IMPACT/FUNDING SOURCE: No significant fiscal impacts are related to this. If abatement is needed the property owner shall bear those costs. Senior Code Compliance Officer Approval Date: N/A Department Head Approval Date: 5/6/2022 Finance Director Approval Date: N/A City Attorney Approval Date: 5/6/2022 Assistant City Manager Approval Date: 5/18/2022 Attachments: 1) Resolution 2) Exhibit A to the Resolution: List of Properties to Be Subject to Abatement 3) Sample Letter -To property owner 4) Vegetation Management Information Bulletin RESOLUTION 2022-053 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING WEEDS TO BE A NUISANCE AND PROVIDING FOR WEED ABATEMENT PURSUANT TO GOVERNMENT CODE SECTIONS 39560 THROUGH 39588; ARTICLE 2 - ALTERNATIVE PROCEDURES FOR WEED AND RUBBISH ABATEMENT AND SETTING PUBLIC HEARING FOR JUNE 14, 2022. WHEREAS, there exists on numerous lots and parcels of real property within the City of Rohnert Park weeds, dry grass, stubble, brush, litter and other flammable material which creates a fire hazard; WHEREAS, for the last several decades, the City of Rohnert Park has ordered the abatement of such weeds, dry grass, stubble, brush, litter and other flammable materials; WHEREAS, the City has traditionally achieved 100 percent compliance from affected property owners; and WHEREAS, the City desires to continue with an annual weed abatement program to protect the public health, peace, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK that the weeds, dry grass, stubble, brush, litter and other flammable material endangers the public safety by creating a fire hazard and constitutes a public nuisance and shall be abated as such. BE IT FURTHER RESOLVED that the Department of Public Safety of the City of Rohnert Park has prepared a listing of each such lot or parcel describing it by the street name and the Assessor's Parcel Number according to the official City Assessment Map, a copy of such listing is attached hereto as Exhibit “A.” BE IT FURTHER RESOLVED that notice shall be given to destroy, remove and clear dry weeds, grass, stubble, brush, litter and other flammable materials existing on said lots or parcels within the City of Rohnert Park, and a hearing on said matters is hereby set for June 14, 2022, at the hour of 5:00 p.m., in the City Hall Council Chamber, Rohnert Park, California. BE IT FURTHER RESOLVED that the Department of Public Safety of the City of Rohnert Park is hereby directed to give notice of such public hearing to the owners of the lots or parcels subject to this resolution in accordance with Section 39567.1 of the Government Code of the State of California. BE IT FURTHER RESOLVED that the Fire Marshal of the City of Rohnert Park is hereby designated as the person referred to in Government Code Sections 39560, et. seq. as "Superintendent" and shall have all the powers and perform all of the duties and acts as therein specified. Resolution 2022-053 2 BE IT FURTHER RESOLVED that in addition to the notice requirements set forth in Sections 39564 through and including 39567.1 of the Government Code, the City Clerk of the City of Rohnert Park is hereby directed to cause to be published twice in a newspaper of general circulation, notice of (1) this resolution, (2) the direction to property owners to destroy, remove and clear dry weeds, grass, stubble, brush, litter and other flammable materials, and (3) the public hearing to hear objections from property owners regarding the destruction or removal of such weeds and other materials, the first publication of which shall be not less than ten (10) days prior to said public hearing. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 24th day of May, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: _____________________________ Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) 130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248 www.rpcity.org City Council Jackie Elward Mayor Willy Linares Vice Mayor Gerard Giudice Susan Hollingsworth-Adams Pam Stafford Councilmembers ________________ Darrin Jenkins City Manager Don Schwartz Assistant City Manager Michelle Marchetta Kenyon City Attorney Sergio Rudin Assistant City Attorney Cindy Bagley Director of Community Services Nishil Bali Finance Director Vanessa Garrett Director of Public Works Sylvia Lopez Cuevas City Clerk Tim Mattos Public Safety Director Mary Grace Pawson Director of Development Services Victoria Perrault Human Resources Director May 27, 2022 Property Owner SAMPLE LETTER PO BOX 1234 Rohnert Park, CA 94928 RE: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH AND REFUSE 1234 OAK Street, Rohnert Park, CA 94928 - APN # 123-456-789 Notice is hereby given that on the 24th day of May, 2022, the City Council of the City of Rohnert Park passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish and refuse were upon or in front of property on this street, in Rohnert Park, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish and refuse. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish and refuse are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk. All property owners having any objections to the proposed removal of the weeds, rubbish and refuse are hereby notified to attend a meeting of the City Council of the City of Rohnert Park to be held on June 14, 2022 at the hour of 5:00 p.m. or as soon thereafter as the matter is reached, when and where their objections will be heard and given due consideration. Questions regarding these matters prior to the meeting should be directed to the Fire Division Staff at (707) 707-584-2641. Date: [at least 5 days prior to hearing on objections] Sylvia Lopez City Clerk City of Rohnert Park WEED ABATEMENT PARCELS-2021 FINAL 1 Adrian Dr.7305 143-150-024 El Roys Express Mex Inc, 2665 Santa Rosa Ave. # 354, Santa Rosa, CA 95407 2 Adrian Dr.7309 143-150-023 El Roys Express Mex Inc, 2665 Santa Rosa Ave. # 354, Santa Rosa, CA 95407 3 Business Park Dr.0 143-040-135 Redwood Crossings RP LLC, 855 Lakeville, Suite #200, Petaluma, CA 94954 4 Business Park Dr.0 045-075-015 Philip MacKovski et al, 2360 Mendocino Ave. A2-303, Santa Rosa, CA 95403 5 Carlson Ct.655 143-930-053 Leo Pennacchio, Tr. 1408 Owl Point, Santa Rosa, CA 95409 6 Cascade Ct.160 143-021-006 Pape Properties, PO Box 407, Eugene, OR 97440 7 City Center Drive 415 143-051-066 Blue Apple Dental LLC, 1535 Maria Pl. Rohnert Park, CA 94928 8 Commerce Blvd.5900 143-021-064 OPS Properties, 7 Forest Trail Petaluma, CA 94952 9 Commerce Blvd.6001 143-021-036 C & R Holdings LTD. 2001 Addison St. Ste 300, Berkeley, CA 94704 Mail to: Expressway Self Storage, 6001 Commerce Blvd, RP. 10 Dowdell Ave.4649 045-075-009 Cactus Mesquite Properties LLC, 317 Commercial St., N.E. Suite A PMB 277, Albequerque, NM 87102 11 Dowdell Ave.4443 045-054-007 Salvador Sanchez, 4443 Dowdell Ave. Santa Rosa, CA 95407 12 Dowdell Ave.4455 045-054-008 Fern Lingron, 4455 Dowdell Ave., Santa Rosa 95407-8308 13 Dowdell Ave.4475 045-054-030 Redwood Equities Investments, 520 Mendocino Ave. Ste. 250 Santa Rosa, CA 95401-5284 14 Dowdell Ave.4483 045-054-029 Jose Delatorre, 4483 Dowdell Ave., Santa Rosa, CA 95407 15 Dowdell Ave.4521 045-054-014 Shirley Thibodeau, 1516 Sylvan Way, Ste. 207, Lodi, CA 95242 16 Dowdell Ave.5000 143-040-134 Roseville 3 Land LLC, C/o Panattoni Development Company Inc., 8775 Folsom Blvd. Ste 200, Sacramento, CA 95826 17 Golf Course Dr. W 107 045-054-018 Samer Daoud Ishaq, 1000 Via Palo Linda, Fairfield, CA 94534 18 Golf Course Dr. W 151 045-054-041 Yoseph Halaweh, 583 Millbrae Ave., Santa Rosa, CA 95407 19 Golf Course Dr. W 157 045-054-024 Sonoma Nine Fraternal & Civic Club C/o Cleveland Moore, 253 Circulo Tierra, Rohnert Park, CA 94928 20 Golf Course Dr. W 223 045-053-014 Adobe Creek LLC, 2129 4th St., Santa Rosa, CA 95404 21 Golf Course Dr. W 295 045-053-009 Blue Laguna LLC, 2129 Fourth St., Santa Rosa, CA 95404 22 Golf Course Dr. W 80 045-075-016 Timothy Tesconi et al, c/o Tawny Tesconi, 3912 Walker Ave., Santa Rosa, CA 95407 23 Heartwood Dr.1241 160-460-044 NO CA Conf Assn of Seventh Day Adven, C/o NCC Property Management, PO Box 619015, Roseville, CA 95661 24 Labath Ave.4560 045-054-028 Raiyawa Ilisapeci Mamarau, 4560 Labat Ave., Santa Rosa, CA 95407 25 Labath Ave.4567 045-053-012 Heidi Maldonado, 4567 Labath Ave., Santa Rosa, CA 95407-8368 26 Labath Ave.4570 045-054-027 Adobe Creek LLC, 2129 4th St., Santa Rosa, CA 95404 27 Labath Ave.4573 045-053-013 Heidi Maldonado, 4567 Labath Ave., Santa Rosa, CA 95407-8368 28 Labath Ave.4580 045-054-025 Maxine Hall, 7240 Fircrest Ave., Sebastopol, CA 95472-4432 29 Labath Ave.4590 045-054-026 Maxine Hall, 7240 Fircrest Ave., Sebastopol, CA 95472-4432 30 Laguna De Santa Rosa multiple lots EXHIBIT A WEED ABATEMENT PARCELS-2021 FINAL 31 Martin Ave.611 143-930-061 Wine Box, LLC. P.O. Box 908, Gonzalez, CA 93926/A.M.L. Management P.O. Box 2664, Granite Bay, CA 95746 32 Medical Center Drive 1371 159-460-004 Philon Properties, C/O Farella Braun & Martel LLP, 6844 Nolan Rd., Forestville, CA 95436 33 Medical Center Dr.1401 159-460-005 ST Joseph Health Northern California LLC, C/o Ernst & Young LLP, PO Box 331848, Nashville, TN 37203 34 Medical Center Dr.1451 159-460-020 ST Joseph Health Northern California LLC, C/o Ernst & Young LLP, PO Box 331848, Nashville, TN 37203 35 Millbrae Ave.108 045-054-003 108 West Millbrae LLC. 24 Oakdale Ave., San Rafael, CA 94901 36 Millbrae Ave.140 045-054-042 Priscilla Jones, 140 Millbrae Ave., Santa Rosa, CA 95407-8319 37 Millbrae Ave.142 045-054-040 Gaab Jason, 146 Millbrae Ave., Santa Rosa CA 95407-8319 38 Millbrae Ave.146 045-054-038 Gaab Jason, 146 Millbrae Ave., Santa Rosa CA 95407-8319 39 Millbrae Ave.148 045-054-037 Michael Roberts, 148 Millbrae Ave., Santa Rosa, CA 95407-8319 40 City Center Drive 6 143-051-071 Lewis Epstein, 614 Vermont St., San Francisco, CA 94107 41 Park Ct.655 143-040-067 Lowenberg Associates LP, 235 Montgomery St., Ste 800, San Francusco, CA 94104 42 Professional Ctr. Ct. 310 143-490-022 310 Professional Center Dr. LLC, 4376 Goodson Way, Rohnert Park, CA 94928 43 RPX 380 143-391-087 Phan, LLC, 380 Rohnert Park Expressway, Rohnert Park, CA 94928 44 RPX 0 143-391-089 Phan, LLC, 380 Rohnert Park Expressway, Rohnert Park, CA 94928 45 Redwood Dr.6258 143-391-091 RP Express LLC, C/o John Ward Page Jr, 2849 Creekside Rd., Santa Rosa, CA 95405 46 Redwood Dr.6603 143-391-080 George Kokalis 36 Lisbon St. San Rafael, CA 94901 47 Snyder Ln.4689 160-460-045 Snyder Lane Baptist Church, P.O. Box 1409 Rohnert Park, CA 94927 48 Snyder Ln.4695 160-460-043 Assembly of God Church, 4695 Snyder Ln., Rohnert Park, CA 94928 49 Snyder Ln.5040 045-253-007 The Creath Family, 202 Scott St., Mill Valley, CA 94941 50 Snyder Ln.5154 045-253-019 Cotati Rohnert Park Unified School Dist., 325 E. Cotati Ave., Cotati CA 94931-4476 51 Southwest Blvd.0 143-150-056 Ricasata-Miller Maria Victoria C., 1787 Adams St., San Mateo, CA 94403 52 State Farm Dr.5980 143-021-080 Barbi Buchanan Trust, c/o Lewella Buchanan, P.O. Box 1040, RP, CA 94927-1040 53 Valley House Dr.Multi ple 046-051-045 Sonoma Mountain Village LLC, P.O. Box 7087, Cotati, CA 94931 54 Willis Ave.4655 045-075-008 Cactus Mesquite Properties LLC, 317 Commercial St. NE Ste. A, PMB 277, Albequerque, NM 87102 55 Willis Ave.4657 045-075-020 Sebastopol Co-Op LLC, P.O. Box 1128 Santa Rosa, CA 95406 56 Willis Ave.4663 045-075-021 Sebastopol Co-Op LLC, P.O. Box 1128 Santa Rosa, CA 95406 Address /APN Property Address Owners Info 143-150-024 7305 Adrian Dr. 143-150-023 7309 Adrian Dr. 143-040-135 0 Business Park Dr. 143-040-134 0 Business Park Dr. 045-075-015 0 Business Park Dr. 143-930-053 655 Carlson Ct. 143-021-006 160 Cascade Ct. 143-051-066 415 City Center Dr. 143-021-064 5900 Commerce Blvd. 143-021-036 6001 Commerce Blvd.C & R Holdings LTD. 3182 Campus Dr. #32 San Mateo, CA 94403 045-075-009 4649 Dowdell Ave. 045-054-007 4443 Dowdell Ave. 045-054-008 4455 Dowdell Ave. 045-054-030 4475 Dowdell Ave. 045-054-029 4483 Dowdell Ave. 045-054-014 4521 Dowdell Ave. 045-054-018 107 Golf Course Dr. W 045-054-021 109 Golf Course Dr. W 045-054-041 151 Golf course Dr. W 045-054-024 157 Golf course Dr. W 045-053-014 223 Golf Course Dr. W 045-053-009 295 Golf Course Dr. W 045-075-016 80 Golf Course Dr. W 160-460-044 1241 Heartwood Dr. 045-253-009 1220 Keiser Ave. 045-054-028 4560 Labath Ave. 045-053-012 4567 Labath Ave. 045-054-027 4570 Labath Ave. 045-053-013 4573 Labath Ave. 045-054-025 4580 Labath Ave. 045-054-026 4590 Labath Ave. 045-053-007 4528 Langner Ave. 143-930-061 611 Martin Ave. 159-460-005 1401 Medical Center Dr. 159-460-020 1451 Medical Center Dr. 045-054-003 108 Millbrae Ave. 045-054-042 140 Millbrae Ave. 045-054-040 142 Millbrae Ave. 045-054-038 146 Millbrae Ave. 045-054-037 148 Millbrae Ave. 143-051-071 6 Padre Parkway 143-040-067 655 Park Ct. 143-490-022 310 Professional Center Ct. 143-391-087 380 R. P. Expressway 143-391-089 0 Rohnert Park Expressway 143-391-080 6603 Redwood Dr. 160-460-045 4689 Snyder Ln. 160-460-043 4695 Snyder Ln. 045-253-007 5040 Snyder Ln. 143-150-056 0 Southwest Blvd. 143-021-080 5980 State Farm Dr. 046-051-045 1400 Valley House Drive 045-075-008 4655 Willis Ave. 045-075-020 4657 Willis Ave. 045-075-021 4663 Willis Ave. Owner Mailing Address C/o Address Suite The Black Co.c/o Charles 17559 Calle De Palermo The Black Co.c/o Charles 17559 Calle De Palermo Redwood Crossings RP, LLC 855 Lakeville, Suite #200 C.B. Properties, Inc.2375 Hardies Ln. 2375 Hardies Ln. Santa Rosa, CA 95409 Phillip MacKovski et al 1594 Villa Rica Dr. 1594 Villa Rica Dr. Henderson, NV 95403 Leo Pennacchio Tr.1408 Owl Point 1408 Owl Point Santa Rosa, CA 95409 Pape Properties 355 Goodpasture Island Rd Suite 300 355 Goodpasture Island Rd., Suite 300 Eugene, OR 97401 Blue Apple Dental, LLC 1535 Maria Pl. 1535 Maria Pl. Rohnert Park, CA 94928 OPS Properties, Attn: Ken Elie 7 Forest Trail 7 Forest Trail Petaluma, CA 94952 Expressway Self Storage 6001 Commerce Blvd 6001 Commerce Blvd Rohnert Park, CA 94928 Cactus Mesquite Properties, LLC 317 Commercial St. N.E.Suite A PMB 277 317 Commercial St. N.E. Suite A PMB 277 Albequerque, NM 87102 Salvador Sanchez 4443 Dowdell Ave. 4443 Dowdell Ave. Santa Rosa, CA 95407 Fern Lingron 4455 Dowdell Ave. 4455 Dowdell Ave. Santa Rosa, CA 95407 Redwood Equities Investments 520 Mendocino Ave. Suite 250 520 Mendocino Ave. Suite 250 Santa Rosa, CA 95401-5284 Jose Delatorre 4483 Dowdell Ave. 4483 Dowdell Ave. Santa Rosa, CA 95407 Shirley Thibodeau 1516 Sylvan Way Suite 207 1516 Sylvan Way Suite 207 Lodi, CA 95242 Samer Daoud Ishaq 1000 Via Palo Linda 1000 Via Palo Linda Fairfield, CA 94534 Raymond Loosli 4860 Regents Park Ln. 4860 Regents Park Ln. Fremont, CA 94538-0395 Yoseph Halaweh 583 Millbrae Ave. 583 Millbrae Ave. Santa Rosa, CA 95407 Sonoma Mine & Fraternal Club c/o Leslie Ja 4030 Chico Ave. c/o Leslie James Wright 4030 Chico Ave. Santa Rosa, CA 95407-6504 Arshi Benham P.O. Box 2329 P.O. Box 2329 Rohnert Park, CA 94927 Girmay Temesegen 2234 W. Mila Way 2234 W. Mila Way Queen Creek, AZ 85142-6693 Timothy Tesconi et al c/o Tawny 3912 Walker Ave. c/o Tawny Tesconi 3912 Walker Ave. Santa Rosa, CA 95407 No. Cal. Assn. of Seventh Day Adventists c/o NCC Pro P.O. Box 23165 c/o NCC Property Management P.O. Box 23165 Pleasant Hill, CA 94523 Olympia Investments, Inc.4670 Willow Rd. Suite 200 4670 Willow Rd. Suite 200 Pleasanton, CA 94588 Oliver Hussey 4560 Labath Ave. 4560 Labath Ave. Santa Rosa, CA 95407 Heidi Maldonado 4567 Labath Ave. 4567 Labath Ave. Santa Rosa, CA 95407-8368 Steve Prueitt P.O. Box 44 P.O. Box 44 Fulton, CA 95439 Heidi Maldonado 4567 Labath Ave. 4567 Labath Ave. Santa Rosa, CA 95407-8368 Maxine Hall 7240 Fircrest Ave. 7240 Fircrest Ave. Sebastopol, CA 95472-4432 Maxine Hall 7240 Fircrest Ave. 7240 Fircrest Ave. Sebastopol, CA 95472-4432 Eric Jones 4528 Langner Ave. 4528 Langner Ave. Santa Rosa, CA 95407 Wine Box, LLC P.O. Box 908 P.O. Box 908 Gonzalez, CA 93926 Santa Rosa Health System 1165 Montgomery Drive 1165 Montgomery Drive Santa Rosa, CA 95495 Santa Rosa Health System 1165 Montgomery Drive 1165 Montgomery Drive Santa Rosa, CA 95495 108 West Millbrae LLC 24 Oakdale Ave. 24 Oakdale Ave. San Rafael, CA 94901 Priscilla Jones 140 Millbrae Ave. 140 Millbrae Ave. Santa Rosa, CA 95407 James Sloan 146 Millbrae Ave. 146 Millbrae Ave. Santa Rosa, CA 95407-8319 James Sloan 146 Millbrae Ave. 146 Millbrae Ave. Santa Rosa, CA 95407-8319 Michael Roberts 148 Millbrae Ave. 148 Millbrae Ave. Santa Rosa, CA 95407-8319 Lewis Epstein 614 Vermont St. 614 Vermont St. San Francisco, CA 94107 Straus Family Creamery-Attn: Ed Brush 1105 Industrial Ave. 1105 Industrial Ave. Petaluma, CA 94952 George Kokalis 36 Lisbon St. 36 Lisbon St. San Rafael, CA 94901 Phan, LLC 380 Rohnert Park Expressway 380 Rohnert Park Expressway Rohnert Park, CA 94928 Phan, LLC 380 Rohnert Park Expressway 380 Rohnert Park Expressway Rohnert Park, CA 94928 George Kokalis 36 Lisbon St. 36 Lisbon St. San Rafael, CA 94901 Heartwood Church P.O. Box 1409 P.O. Box 1409 Rohnert Park, CA 94928 Crossroads Church 4695 Snyder Ln. 4695 Snyder Ln. Rohnert park, CA 94928 The Creath Family, Attn: Corey 202 Scott St. 202 Scott St. Mill Valley, CA 94941 Tariq Mohammad 7763 Bernice Ct. 7763 Bernice Ct. Rohnert Park, CA 94928 Barbi Buchanan Trust c/o Lewella P.O. Box 1040 c/o Lewella Buchanan P.O. Box 1040 Rohnert Park, CA 94927-1040 Sonoma Mountain Village LLC P.O. Box 7087 P.O. Box 7087 Cotati, CA 94931 Cactus Mesquite Properties, LLC 317 Commercial Street. N.E.Suite A PMB 277 317 Commercial Street. N.E. Suite A PMB 277 Albequerque, NM 87102 Sebastopol Co-Op, LLC P.O. Box 1128 P.O. Box 1128 Santa Rosa, CA 95406 Sebastopol Co-Op, LLC P.O. Box 1128 P.O. Box 1128 Santa Rosa, CA 95406 City Pacific Palisades, CA 90272 Pacific Palisades, CA 90272 Petaluma, CA 94954 Santa Rosa, CA 95409 Henderson, NV 95403 Santa Rosa, CA 95409 Eugene, OR 97401 Rohnert Park, CA 94928 Petaluma, CA 94952 Rohnert Park, CA 94928 Albequerque, NM 87102 Santa Rosa, CA 95407 Santa Rosa, CA 95407 Santa Rosa, CA 95401-5284 Santa Rosa, CA 95407 Lodi, CA 95242 Fairfield, CA 94534 Fremont, CA 94538-0395 Santa Rosa, CA 95407 Santa Rosa, CA 95407-6504 Rohnert Park, CA 94927 Queen Creek, AZ 85142-6693 Santa Rosa, CA 95407 Pleasant Hill, CA 94523 Pleasanton, CA 94588 Santa Rosa, CA 95407 Santa Rosa, CA 95407-8368 Fulton, CA 95439 Santa Rosa, CA 95407-8368 Sebastopol, CA 95472-4432 Sebastopol, CA 95472-4432 Santa Rosa, CA 95407 Gonzalez, CA 93926 Santa Rosa, CA 95495 Santa Rosa, CA 95495 San Rafael, CA 94901 Santa Rosa, CA 95407 Santa Rosa, CA 95407-8319 Santa Rosa, CA 95407-8319 Santa Rosa, CA 95407-8319 San Francisco, CA 94107 Petaluma, CA 94952 San Rafael, CA 94901 Rohnert Park, CA 94928 Rohnert Park, CA 94928 San Rafael, CA 94901 Rohnert Park, CA 94928 Rohnert park, CA 94928 Mill Valley, CA 94941 Rohnert Park, CA 94928 Rohnert Park, CA 94927-1040 Cotati, CA 94931 Albequerque, NM 87102 Santa Rosa, CA 95406 Santa Rosa, CA 95406 Department of Public Safety - Fire Services Division 500 City Center Drive Rohnert Park, CA 94928 www.rpcity.org Fire Department Information Bulletin SUBJECT: VEGETATION MANAGEMENT Bulletin Number: 060-2020 Date of Issue: March 1, 2018 Date of Revision: January 1, 2020 Code Reference: 2019 California Fire Code 2019 California Building Code City of Rohnert Park Municipal Code, Ordinance 938 PRC 4291 NOTE: This bulletin is a summary of Fire Department interpretations of City, State, and Federal requirements. Information contained herein applies to typical instances and may not address all circumstances. SCOPE: This bulletin is applicable to any property within the City limits, whether inhabited or not. Final approval is subject to field inspection. Historically, wildfires have been devastating to properties at the edges of developed cities or with unmanaged vegetation. As a result, the Fire Prevention division declares weeds and unmanaged vegetation a public nuisance each year. Annual inspections of undeveloped parcels are performed in the spring of each year, and the property owners are notified when the vegetation is excessive or poses a threat of the support or spread of fire. Due to the long season from spring to fall, a second cutting is sometimes required, often in September. It is expected that the property owner will respond by mowing weeds or trimming vegetation as prescribed. The first remediation must be complete by June 14. If that does not happen, the City Manager has empowered the Fire Prevention Division to have the property abated at the owner's expense. GENERAL REQUIREMENTS: • Grasses are expected to be mowed to a maximum height of 3". • Trees are to be limbed up a minimum of 10' • 30' of defensible space is required around a structure. Large or vacant parcels may require a consultation. Per PRC 4291, CFC Chapter 49 You may contact the Fire Prevention Division at (707)584-2641. ITEM NO. 6.J. 1 Meeting Date: May 24, 2022 Department: Public Works Submitted By: Vanessa Garrett, Public Works Director Prepared By: Nick Bennett, Environmental Coordinator Agenda Title: Adopt a Resolution Authorizing the Assistant City Manager to Sign an Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler’s Agreement to Be Bound by City’s Waste Delivery Commitment RECOMMENDED ACTION: Adopt a resolution authorizing the Assistant City Manager to sign an Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler’s Agreement to Be Bound by City’s Waste Delivery Commitment (Amendment). BACKGROUND: Six cities (Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa and Sebastopol) are each party to a Waste Delivery Agreement between Republic (WDA), as well as a Franchised Hauler’s Agreement (FDA) between each city, Republic, and Recology. Republic operates the landfills within Sonoma County. Recology collects and hauls waste, compost, and recycling within each agency’s city limit to several approved landfills. The WDA and FDA agreements precede SB 1383 regulations, and they require a limited food and mixed waste disposal service to be offered by Republic and Recology. The food and mixed waste disposal requirements have greatly expanded since the adoption of SB-1383, a law that requires significantly more diversion of compostable materials than was contemplated in the WDA and FDA agreements. Rohnert Park has completed amendments to our current contract with Recology to provide the full range of hauling services that meet SB-1383 requirements and no longer need Recology and Republic to run the program contained within the WDA and FDA. ANALYSIS: The City has already amended its franchise agreement with Recology to account for SB 1383 regulations, and are currently in compliance with state law. The amendment to the WDA that is being proposed removes language for the antiquated mixed waste disposal program that is not in compliance with SB 1383, and moves the language to refer to the franchise agreements for each agency for the organics program. This approach is preferable to the alternative, which would attempt to build an SB 1383 compliant program through a patchwork of existing and amended agreements, some of which are not directly enforceable by the cities and involve Republic, which – as the landfill operator – is not otherwise involved in provision of organic waste collection services. Agreement Amendments Proposed The following changes are being proposed: • To amend agreements with Republic and Recology to retire the existing commercial food waste/dry waste program and eliminate the $4.22/ton gate fee that funds the program. The gate fee was charged as this material arrived at the landfill. With the specific SB-1383 waste Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.J. 2 diversion requirements, this type of material needs to be tracked from the location of creation and cannot just be taken and dropped off at a landfill. • Retirement of the existing programs in the WDA and FHA agreements. This allows the City to manage its SB 1383 obligations directly with Recology through the franchise agreement. The Council approved an amendment to Recology’s franchise agreement to require SB 1383 compliant collection services on January 25, 2022. As a result of the City’s amended franchise agreement with Recology it is appropriate to remove language in the WDA and FHA regarding the provision and funding of these Programs, which are being retired by the County and Republic. The needs of City to comply with SB 1383 are already being addressed by having the City’s organic waste programs funded and regulated by the franchise agreement with Recology. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The proposed action is consistent with Strategic Plan Goal D – Continue to develop a vibrant community. Implementing mandated programs is necessary to ensure that the City remains in compliance with CalRecycle’s SB- 1383 regulations. OPTIONS CONSIDERED: Option 1: (Recommended Option) Authorize the Assistant City Manager to sign an Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler’s Agreement to Be Bound by City’s Waste Delivery Commitment. Option 2: Do not amend the Agreement. This is not recommended because staff would not be able to perform the actions required by SB-1383 regulations. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the WDA and FDA amendment approval, which removes a program. The estimated cost to implement SB 1383 is a 3.2% net increase to customer rates, effective July 1, 2022. These fees are already incorporated into the city’s franchise agreement with Recology, and removal of the mixed waste program at the landfill was already accounted for when determining the rate increase. Department Head Approval Date: 04/27/2022 Finance Approval Date: 04/22/2022 City Attorney Approval Date: 04/25/2022 Assistant City Manager Approval Date: 05/17/2022 Attachments 1. Resolution Authorizing the City Manager to Sign an Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler’s Agreement to Be Bound by City’s Waste Delivery Commitment. 2. Exhibit A: WDA/FHA Amendment 3. Recology SB 1383 Cost Proposal RESOLUTION NO. 2022-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE ASSISTANT CITY MANAGER TO SIGN AN OMNIBUS AMENDMENT TO WASTE DELIVERY AGREEMENT AND FRANCHISED HAULER’S AGREEMENT TO BE BOUND BY CITY’S WASTE DELIVERY COMMITMENT WHEREAS; the City is party to a Waste Delivery Agreement between Republic Services of Sonoma County, Inc. and also party to a Franchised Hauler’s Agreement To Be Bound by City’s Waste Delivery Commitment, between the City, Republic, and Recology; and WHEREAS, Republic and Recology are parties to an Agreement for Operations of Sonoma County Transfer Stations and Materials Recovery Facility (Prime Subcontract), pursuant to which Republic subcontracted to Recology certain of Republic’s obligations under the Amended and Restated Agreement for Operation of the Central Landfill and County Transfer Stations (MOA) between the County of Sonoma and Republic; and WHEREAS, the MOA, Prime Subcontract, WDAs and FHAs (County Agreements) contemplate that Recology will provide a limited program for collection of Commercial Food Waste and Dry Commercial Mixed Waste within urban areas of City (Programs), to be compensated solely through a portion of the Facility Operations Service Fee that Recology receives under the Prime Subcontract; and WHEREAS, the Programs and related compensation contemplated by the County Agreements do not meet the requirements of SB 1383, including provision of organics service to all residential and commercial generators, periodic route reviews to monitor contamination, periodic compliance reviews to monitor participation, and detailed reporting related to the foregoing; and WHEREAS, the needs of the City to comply with SB 1383 are met through the City’s organic waste and Dry Commercial Mixed Waste programs fully funded under its franchise agreement with Recology; and WHEREAS, eliminating the funding for the Programs under the Prime Subcontract will allow the Gate Rates charged to Recology on Committed City Waste delivered to the County facilities to be reduced by the portion that previously funded the Programs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Assistant City Manager to Sign an Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler’s Agreement to Be Bound by City’s Waste Delivery Commitment, as shown in Exhibit A and subject to minor revisions by the city manager and city attorney. DULY AND REGULARLY ADOPTED this 24th day of May, 2022. Resolution 2022-054 2 CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A to Resoluton 1 OMNIBUS AMENDMENT TO WASTE DELIVERY AGREEMENT AND FRANCHISED HAULER’S AGREEMENT TO BE BOUND BY CITY’S WASTE DELIVERY COMMITMENT This Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement (this “Amendment”) is entered into as of January 1, 2022, by and among the City of Rohnert Park (“City”), Republic Services of Sonoma County, Inc. (“Republic”), and Recology Sonoma Marin (“Recology”). WHEREAS, each of the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa and Sebastopol (the “Committed Cities” or “Cities”) is party to a Waste Delivery Agreement between the City and Republic (each, a “WDA”), and also party to a Franchised Hauler’s Agreement To Be Bound by City’s Waste Delivery Commitment, between the City, Republic, and Recology (each, an “FHA”); WHEREAS, Republic and Recology are parties to an Agreement for Operations of Sonoma County Transfer Stations and Materials Recovery Facility (the “Prime Subcontract”), pursuant to which Republic subcontracted to Recology certain of Republic’s obligations under the Amended and Restated Agreement for Operation of the Central Landfill and County Transfer Stations (the “MOA”) between the County of Sonoma and Republic; WHEREAS, the MOA, Prime Subcontract, WDAs and FHAs (collectively, the “County Agreements”) contemplate that Recology will provide a limited program for collection of Commercial Food Waste and Dry Commercial Mixed W aste within urban areas of City (the “Programs”), to be compensated solely through a portion of the Facility Operations Service Fee that Recology receives under the Prime Subcontract; WHEREAS, the Programs and related compensation contemplated by the County Agreements do not meet the requirements of SB 1383, including provision of organics service to all residential and commercial generators (not just urban customers), periodic route reviews to monitor contamination, periodic compliance reviews to monitor participation, and detailed reporting related to the foregoing; WHEREAS, the parties believe that the needs of City to comply with SB 1383 can be best served by having City’s organic waste and Dry Commercial Mixed W aste programs fully funded under its franchise agreement with Recology, rather than attempting to implement an SB-1383 compliant program by supplementing the existing (noncompliant with SB1383) Programs with additional services under City’s franchise agreement; WHEREAS, eliminating the funding for the Programs under the Prime Subcontract will allow the Gate Rates charged to Recology (as City’s franchised hauler) on Committed City Waste delivered to the County facilities to be reduced (compared to what the Gate Rates would otherwise be) by the portion that previously funded the Programs; NOW, THEREFORE, the parties agree as follows: 1.Effective as of April 1, 2022, and subject to Section 3 below, Section 2.3 of City’s WDA, and Sections 3 and 4 of City’s FHA (and of Exhibit C to City’s WDA, which sets forth the form of the FHA), are hereby deleted and of no further force or effect. 2 2.Effective as of April 1, 2022, and subject to Section 3 below, City’s FHA is hereby amended to add the following as Section 1(a) thereof: “To maximize route efficiency under its franchise agreement with City, Recology may collect Commercial Food Waste in its residential collection vehicles, commingled with residential organics, provided that the tonnage of Commercial Food Waste so collected in City, the other cities that are party to a Waste Delivery Agreement with Republic where Recology is the franchised hauler, and the unincorporated County combined, does not exceed 15% of the total tonnage of Commercial Food Waste collected by Recology from such jurisdictions (calculated on an aggregate (combined) basis, not jurisdiction by jurisdiction by jurisdiction), and provided further that Recology compensates Republic Services of Sonoma County, Inc. (“Republic”) appropriately for such commingled Commercial Food Waste, in a manner to be mutually agreed by County, Republic and Recology. Compliance with the preceding sentence is intended as an alternative means of complying with City’s and Recology’s obligations to deliver Committed Waste to Republic and shall not be deemed a violation thereof.” 3.The effectiveness of Sections 1 and 2 is subject to satisfaction of all of the following conditions: (a) The MOA and Prime Subcontract are amended to, among other things: (i) adjust the Gate Rate and the Facility Operations Service Fee to eliminate the portion that funds the Programs (currently $4.21 per ton), on all tons on which such portion is included, (ii) revise Republic’s diversion tonnage goal in Section 9.2 of the MOA and Section 5.4 of the Prime Subcontract from 67,000 to 44,735 tons per year, and Recology’s diversion tonnage goal in Section 5.4 of the Prime Subcontract from 46,173 to 23,908 tons per year; (iii) delete the second sentence of the first paragraph of Section 9.7 of the MOA, and (iv) delete Section 5.16 of the Prime Subcontract, all such amendments to be effective as of April 1, 2022; (b)On or before April 1, 2022, (i) each of County and the Committed Cities enters into a written amendment to its respective franchise agreement with Recology that includes a rate adjustment as negotiated between the City and Recology, to fund the Commercial Food Waste program (and, if continued, the Dry Commercial Mixed Waste program) provided by Recology in such jurisdiction pursuant to the franchise agreement, and (ii) each other of the Committed Cities enters into an omnibus amendment to its WDA and FHA that is identical in all material respects to this Amendment. Any of the conditions set forth in this subsection (b) may be waived by Recology in writing to the other parties hereto. 4.In the event of any conflict between this Amendment and City’s WDA or FHA, this Amendment shall govern. This Amendment may be executed in counterparts and/or by electronic signature (e.g. DocuSign). As used in this Amendment, “including” and its variants mean “including without limitation.” 5.Nothing contained herein shall change the definition of Committed Waste within the WDA. More specifically, Commercial Food W aste and Dry Commercial Mixed Waste are and shall continue to be considered Committed Wastes. This Amendment does not modify the categories of Waste exempt from payment of the Facility Operations Fee in Section 8.3 of the Prime Subcontract. 3 6.Except as expressly amended herein, each of the County Agreements shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above. City of Rohnert Park By: Name: Title: Date:____________________________ APPROVED AS TO FORM: ________________________________ City Attorney ATTEST: City Clerk Republic Services of Sonoma County, Inc. By: Name: Title: Date: Recology Sonoma Marin By: Name: Title: Date: ACKNOWLEDGED: County of Sonoma By: Name: Title: Date:____________________________ SB1383 Projected Costs for Year 1 of Implementation City of Rohnert Park Increase to be applied July 1, 2022* Rohnert Park Additional Annual Expenses Quant.Total Cost $ Amortized Capital Costs - -See spending detail below $27,254 FTE Driver(s) 0.33 58,460 Commercial compost tip fees (per year)-Incremental tonnage only**29,863 Compost collection truck fuel (per year)29,099 Contamination mailers + postage (per year) $.40 each 800 409 Contamination tags (per year) $.40 each 800 409 FTE Waste Zero Specialist(s) (salary = $60k, full compensation = $90k)75% N/A (FA covers this) Incr. Cost of Curr. Comm'l FW Program***181,444 TOTAL COSTS $326,938 City Fees 57,695 TOTAL Required Revenue $384,633 Projected Annual Revenue for 2021 $11,969,990 SB1383 2021 Costs % of 2021 Revenue 3.2% * Note 2021 costs as a % of 2021 revenues provides % increase to be applied on 7/1/2022 in addition to RRI. ** Assumes 50% of organic tonnage diverted from current MSW stream. Capital Resources Quant.Total Cost $ 2yd. compost bins w/ labels 40 $33,200 96 gallon compost carts w/ labels 180 14,760 Additional FL compost collection trucks 0.15 57,900 Additional SL compost collection trucks 0.18 67,140 Capital Costs (Amortized Above) $173,000 ***Incremental Cost of Current Food Waste Program represents the total costs of the current FW program less the revenue generated from the MOA fee added to the tip fee. Note: When the MOA fee is removed, the tip fee will be reduced by the same amount. Current rates will remain effective based on the lower tip fee to ensure continued receipt of the revenue provided for the current FW program. Attachment 3 ITEM NO. 6.K. 1 Meeting Date: May 24, 2022 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Louis Kirk, Senior Code Compliance Officer Agenda Title: Code Compliance Division Quarterly Report – First Quarter, 2022 RECOMMENDED ACTION: Receive and file the code compliance report for the first quarter of 2022. BACKGROUND: Consistent with Council direction, staff provides quarterly and summary annual updates on its code compliance activities. This report provides an update on the activities of the Code Compliance division during the first quarter of 2022. ANALYSIS: Impacts from the COVID-19 Pandemic: With the rescission of Sonoma County Health Orders in February and March of 2022, Code Compliance effectively concluded 21 months of COVID related enforcement activities. Over the course of this period, Code Compliance: • Provided signage and other educational materials to more than 2,600 businesses; • Responded to 221 direct requests regarding violations of health orders (61 of which were referred to Public Safety); • Issued 193 verbal warnings or admonishments; • Dispensed 21 Administrative Citations; and • Assessed nearly $18,000 in fines and penalties. As of the end of the first quarter, all remaining COVID-related code cases have been closed. Pending further changes to County Health Orders, Code Compliance is at this time standing down from COVID-related enforcement activities. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.K. 2 Code Compliance Activity related to Homelessness Issues: During the second quarter of 2021, Code Compliance assumed responsibility for answering complaints, conducting assessments, and managing other duties relating to homeless encampments located on public property; this represented an expansion of existing Code Compliance duties, which previously addressed homelessness-related issues on private property only. In September of 2021, the City Council authorized the addition of a Code Compliance staff position to meet staffing requirements for these additional duties. This new position was filled in the first quarter of 2022. With the addition of this new position, Code Compliance activities involving homelessness issues took on a heightened level of focus during the first quarter. As a result of this restructuring, several accompanying changes have also been made regarding the manner in which Code Compliance cases will be reported from this point forward. These changes – which are observable in this report – include the creation of a new case category, designated “Homelessness Issues,” as well as an ongoing effort to retroactively update all current and prior cases involving homeless issues in order to more accurately associate them with this new category. While this change will affect the exactness of some historic category counts in the short term, making this adjustment now will better afford staff the ability to more precisely document activity levels pertaining to homelessness issues in the future. Code Compliance Activity - First Quarter 2022: For the period commencing January 1, 2022 and ending March 31, 2022, Code Compliance activity can be briefly summarized in the following table: 2022 Q1 Existing New Closed Remaining Open Cases: 251* 180 121 315 *Modified and differs from data provided in the 2021 Q4 report During the first quarter of 2022, Code Compliance staff added 180 new cases to the 251 cases carried over from the fourth quarter of 2021, and closed 121 cases during the same period. We started the second quarter of 2022 with a carryover of 315 active cases. Despite new cases outnumbering closed cases, an examination of historic case closure rates per quarter – depicted in the below chart – show that this has occurred on many prior occasions: ITEM NO. 6.K. 3 Analytics: First Quarter: The number of first quarter cases received in 2022 is greater than the number of cases received in the immediately previous quarter, and also exceeds counts for the same quarter from the prior year (in fact, first quarter 2022 numbers exceed every prior first quarter for which records exist). Not unexpectedly, the category now showing the largest amount of growth pertains to Homelessness Issues. Setting aside this outlying new category, base case numbers for the first quarter of 2022 remain largely consistent with growth and activity patterns noted during prior years. 2022 Q1 Comparison to prior quarter Category 2021Q4 2022 Q1 Δ   Construction 16 15 -1 -6% Homelessness Issues 14 40 26 186% Property Maintenance 41 35 -6 -15% Public Nuisance 40 46 6 15% Shopping Cart 14 3 -11 -79% Signage 4 3 -1 -25% Zoning 14 19 5 36% Other 13 19 6 46% Totals 156 180 24 15% 2022 Q1 Comparison to same quarter/prior year Category 2021Q1 2022 Q1 Δ   Construction 11 15 4 36% Homelessness Issues 0 40 40 n/a Shopping Cart 1 3 2 200% Property Maintenance 38 35 -3 -8% Public Nuisance 24 46 22 92% Zoning 7 19 12 171% Signage 0 3 3 n/a Other 34 19 -15 -44% Totals 115 180 65 57% The following charts take the above information and further break it down, providing a visual comparison of case categories across the four distinct stages of the first quarter (carryover; new; closed; and remaining open): ITEM NO. 6.K. 4 2022 Q1 Case breakdown by category Geographic Distribution of Cases: The geographic distribution of new cases received during the first quarter, as well as for all cases remaining open as we entered the second quarter, are shown in the following two maps: ITEM NO. 6.K. 5 2022 Q1 new cases, citywide ITEM NO. 6.K. 6 2022 Q1 All open cases, citywide ITEM NO. 6.K. 7 Shopping Cart Ordinance Update: Staff have completed the educational/onboarding process with the business community, and have now entered the active enforcement stage of this ordinance. All but four businesses (Burlington Coat Factory, Walmart, Walmart Neighborhood Market, and the new Dollar Tree) have completed their Shopping Cart Retention and Retrieval Plan application submittals, received their permits, and started to implement their respective plans. Staff is actively escalating enforcement action and impounding carts as needed to encourage continuing code compliance. The presence of stray carts throughout the community is now in visible decline. This trend is expected to continue to improve with ongoing enforcement efforts, and as more businesses gain proficiency in better managing their property. Administrative Citation Update: Code Compliance protocols dictate that citations are generally issued when other efforts have failed to bring about compliance; for this reason, most citations are issued in response to continuing violations. Citation fine amounts generally vary between $100 and $1300 depending upon the violation type and whether previous citations have been issued for the same violation within a prescribed amount of time. Where multiple violations are listed on a single citation, each violation can carry a separate fine. Penalties are automatically applied to fines that are not paid on time. During the first quarter of 2022, Code Compliance issued three administrative citations. Two of these citations were associated with enforcement of water quality regulations stemming from homelessness issues, while the remaining citation involved regular municipal code enforcement. These citations resulted in the assessment of $1,450 in fines and penalties. CODE COMPLIANCE FORECAST: Continuing a trend that began in 2021, Code Compliance continues to process record-breaking numbers of new cases. These increases can be seen in the following chart, demonstrating growth over the prior year, and – as a new feature – breaking out Homelessness Issues as a separate, up-to-date category: ITEM NO. 6.K. 8 Despite the challenges presented by a growing influx of new cases, the addition of a new Code Compliance Officer position – and the subsequent realignments of duties related to homelessness issues – is freeing staff resources that are now being applied to contend with the increased number of service requests being received, as well as reduce the existing case load. Looking forward: In the annual summary for 2021, staff announced that a city-wide survey of residential neighborhoods had been completed, in long-term anticipation of a future discussion and direction item before the City Council. The purpose of this forthcoming item will be to explore the state of the city’s residential neighborhoods and illustrate ways in which seemingly minor violations can propagate over time, contributing to neighborhood decline. Auspiciously, many residents responding to the City’s recent annual community survey expressed recognition of the need for increased attention to this specific issue. The objective of the survey was to assess every residential neighborhood through the dual lenses of (1) neighborhood age, and (2) the prevalence of defined maintenance conditions or issues tending to be indicators of violations commonly associated with property decline. For purposes of this survey, these indicators were defined within three broad groupings, consisting of parking violations, fence/wall violations, and general property maintenance violations. These groups are defined in greater detail below: ITEM NO. 6.K. 9 Indicators of Parking Violations: • Dilapidation of a Durable Surface (driveway or pad) • Driving across curb/curb ramp/sidewalk • Parking upon a front yard (paved) • Parking upon a front yard (unpaved) • Parking upon a side yard (paved) • Parking upon a side yard (unpaved) • Parking (other) • Unpermitted driveway approach (new, or widened existing) • Widening of driveway (contiguous) Indicators of Fence/Wall Violations: • Causing a sight-distance/visibility hazard • Located in the public right-of-way/easement • Over-height (front yard) • Over-height (rear yard) • Over-height (side yard) • Other Indicators of Property Maintenance Violations: • Building exteriors (deteriorated paint/stucco, roofing, doors/windows, structural) • Inoperative vehicles • Accumulations of junk/debris • Accumulations of dead/overgrown vegetation • Other In preparation of the larger staff presentation to be held before the City Council later this year, the following brief abstract of these survey results is intended to provide a functional preview for this future discussion and direction item. The survey results indicate that potential parking violation indicators are the single largest category of observed potential violations across the City. Survey summary at-a-glance Total properties surveyed 12,507 Properties with one or more indicators of violation 1,602 Percentage of properties with violation indicators 12.8% Properties with Parking violation indicators 1,252 Percent of all properties surveyed 10.0% Properties with Fence/Wall violation indicators 422 Percent of all properties surveyed 3.4% Properties with Maintenance violation indicators 274 Percent of all properties surveyed 2.2% ITEM NO. 6.K. 10 Locations of violation indicators by City section City Section Parking Fence/Wall Maintenance Parking AND Fence/Wall Parking AND Property Maintenance Fence/Wall AND Property Maintenance All Three A 135 15 65 11 49 7 6 B 130 34 38 14 21 7 4 C 78 20 17 8 15 3 2 D 154 55 24 24 21 3 3 E 130 22 26 10 21 2 2 F 66 35 11 11 8 2 1 G 101 37 16 4 14 1 1 H 106 52 15 13 14 3 2 J 16 11 3 1 2 0 0 K 0 0 0 0 0 0 0 L 133 27 28 5 24 5 2 M 125 103 18 20 15 4 4 O 0 0 0 0 0 0 0 R 30 6 3 0 3 0 0 S 44 5 10 3 8 0 0 W 4 0 0 0 0 0 0 Accurate assessment and frank discussion of observed violation patterns and options for their more effective resolution are foundational to stabilizing, revitalizing and preserving our neighborhoods. Staff looks forward to completing this multi-year project and bringing it before the City Council, presenting potential pathways we may pursue in order to achieve these important goals. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Two of the goals of the City’s Strategic Plan are to “Ensure the effective delivery of public services,” and to “Continue to develop a vibrant community.” Included in the strategies of these two goals are the aims to promote the delivery of high quality, cost effective services; promote neighborhood improvement; and provide for programs that support the community. In support of these goals, staff submits this report. FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact on the City’s General Fund. Department Head Approval Date: 05/11/2022 Finance Approval Date: N/A City Attorney Approval Date: N/A Assistant City Manager Approval Date: 5/11/2022 Attachments: None. ITEM NO. 6.L. 1 Meeting Date: May 24, 2022 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Approve the Second Amendment to Agreement for Consultant Services with SDI Presence, LLC for Services to Support Implementation of Tyler Munis Finance and Human Resources System, Increasing Services by $171, 588 for Total Not-to- Exceed Contract Amount of $937,948 RECOMMENDED ACTION: Approve, by Minute Order, the Second Amendment to Agreement for Consultant Services with SDI Presence, LLC for Services to Support Implementation of Tyler Munis Finance and Human Resources System, Increasing Services by $171, 588 for Total Not-to-Exceed Contract Amount of $937,948. BACKGROUND: In November, 2019 the City Council approved a contract with SDI Presence for consulting services to support implementation of the Tyler Munis Finance and Human Resources system. The contract amount was for $766,360 and the term was for three years. Implementation of a new system such as Munis is complex. Successful implementations typically require expertise in managing information system projects, including understanding the new system, how to leverage the system by changing business processes, strong project management, and managing the contract with the provider of the new system. The project management role is nearly a full-time job, and we also need expertise in finance and HR. SDI Presence has provided quality consulting assistance in filling these roles. Implementation of the Tyler system includes three phases. In Phase I we implemented the human resources functionality. We are nearing the completion of Phase II, which includes core finance functions. We are preparing to launch Phase III, which will include utility billing and business and animal licensing. ANALYSIS: Primarily because of delays caused by poor performance by Tyler during Phase I, the timeline for completing all three phases of implementation has shifted from April, 2022 until June, 2023. This delay requires that we continue to engage SDI Presence as their support is essential to the success of the project. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Making effective use of information systems is one of the strategies to meet the Strategic Plan’s goal of providing quality services. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.L. 2 OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends approving the contract amendment with SDI Presence because it is essential to the successful completion of implementing the Tyler Munis system. 2. Alternative: Staff also considered not amending the contract and recommends against this option because we lack the staff capacity – both time and expertise – to provide the support necessary for the project. FISCAL IMPACT/FUNDING SOURCE: The amendment is for $171,588, bringing the total contract amount from $766,360 to $937,948. Funding for the amended contract is included in the FY 22-23 budget. The total cost of the Tyler implementation is $3.4 million. Senior Code Compliance Officer Approval Date: N/A Department Head Approval Date: N/A Finance Approval Date: 05/06/22 City Attorney Approval Date: 05/06/22 Assistant City Manager Approval Date: 05/06/22 Attachments 1. Amendment to Contract with SDI Presence 1 SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES This SECOND AMENDMENT (“SECOND AMENDMENT”) to the AGREEMENT FOR CONSULTANT SERVICES, dated as of November 26, 2019 (“Agreement”) is entered into as of the 24th day of May, 2022, by and between the City of Rohnert Park ("City"), a California municipal corporation, and SDI Presence LLC, a Delaware limited liability company ("Consultant"), a with reference to the following facts, understandings and intentions. Recitals WHEREAS, the City and Consultant entered into that certain Agreement, described above, for the purpose of providing implementation support for the City’s transition to the Tyler Technologies Enterprise Resource Planning System including for Finance, Human Resources/Payroll, Business and Animal Licensing and Utility Billing modules; and WHEREAS, as a result in delays in the implementation of the Tyler Technologies Enterprise Resource Planning System, the City desires to have Consultant provide further implementation support; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: Agreement 1.Compensation. The second sentence of Section 4. A of the Agreement is amended to read in its entirety: “However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement, including work performed under the Second Amendment, exceed $937, 948.” Compensation for services provided under this Second Amendment shall be at the rate of $175 per hour, and SDI shall not invoice for travel time, mileage, hotels, or meals under this rate, nor shall it bill the City for other incidentals or expenses without preapproval in writing from the City. 2.Term. Section 5 of the Agreement is amended to state in its entirety “This Agreement shall commence upon its execution by both parties and shall continue in full force and effect until December 31, 2023, unless otherwise amended pursuant to Section 19, or otherwise terminated as provided herein.” 3.Remaining Terms. Except as expressly modified herein by this Second Amendment, the parties affirm that the agreement shall remain in full force and effect and that the performance of services under this Second Amendment shall be under such terms as provided under the Agreement. 4.Counterpart Signatures. This Second Amendment may be signed in multiple counterparts. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. Attachment 1 2 CITY OF ROHNERT PARK CONSULTANT By: __________________________________ Assistant City Manager By: Title: Date: Date: By Minute Order, adopted by the Rohnert Park City Council at its meeting of <<Date of meeting>>. CONSULTANT By: Title: APPROVED AS TO FORM: Date: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk ITEM NO. 6.M. 1 Meeting Date: May 24, 2022 Department: Community Services Submitted By: Cindy Bagley, Director of Community Services Agenda Title: Adopt a Resolution Authorizing the Assistant City Manager to Execute a License Agreement with the Flynn Creek Circus, LLC for Use of the Community Center Lawn July 11 – 18, 2022 RECOMMENDED ACTION: Adopt a resolution authorizing the Assistant City Manager to execute a license agreement with the Flynn Creek Circus, LLC for use of the Community Center Lawn July 11- 18, 2022. BACKGROUND: The Flynn Creek Circus (Flynn Creek) is a traveling, all-human spectacle under a big top canopy and based in Northern California. Flynn Creek is currently in its 9th season of touring. Flynn Creek has produced its event in Sonoma County for many years, including Rohnert Park at SOMO Village. This year, Flynn Creek has approached the City of Rohnert Park to produce their event at the Rohnert Park Community Center. The license agreement includes rental fees for use of the space as well as a revenue sharing component and can be found in Attachment A. Staff is requesting the City Council adopt the resolution in Attachment B authorizing the Assistant City Manager or his designee to execute the agreement with Flynn Creek. ANALYSIS: Flynn Creek would access the Community Center Lawn on July 11, 2022 to begin set-up. Shows would begin on July 14 and conclude on July 17. They would be off the premises by the end of the day on Monday, July 18. The schedule of shows would be as follows: Thursday, July 14 - 7:00pm Friday, July 15 - 7:00 pm Saturday, July 16 – 1:00pm, 4:00pm and 8:00pm (Adults 21+ show at 8pm)* Sunday, July 17- 1:00pm and 4:00pm *The adults only show consists of adult humor not meant for an audience under the age of 21. The tent will open to the public 30 minutes prior to the show time each day. Flynn Creek will also be producing a youth camp from 9am-noon, Wednesday, July 14 through Friday, July 16. There will be a recital for participant’s families on Friday, July 16 at 11:00am. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.M. 2 Flynn Creek would be responsible for the full rental rate for use of the space totaling $3,952. This includes the cost of a Rohnert Park business license. In addition, they would be sharing 10% of gross ticket sales and youth camp revenue, minus the facility use fee. Some of the cast members would be sleeping in RV’s on and around the Community Center Lawn. Ordinance 9.41.030 of the City’s Municipal Code does not allow for camping on public property unless given a written permit issued by the City. By entering into this agreement, Staff will be able to provide a permit to Flynn Creek for overnight camping during the time period of July 11-July 18. The cast also serve as security during the overnight hours. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Authorizing the execution of this agreement is in line with City Council priority, “memorable community experience for all.” OPTIONS CONSIDERED: 1. Recommended Option: The City Council could adopt the Resolution 2022-XXX authorizing the Assistant City Manager or his designee to execute the agreement with Flynn Creek Circus, LLC. 2. City Council could choose not to adopt the resolution. Doing so would not provide the community access to this memorable experience FISCAL IMPACT/FUNDING SOURCE: If City Council approves of staff’s recommendation the general fund would gain a minimum of $3,952 in revenue. There is no negative impact to the general fund by adopting the attached resolution. Department Head Approval Date: C. Bagley 5/3/2022 Finance Director Approval Date: N. Bali N/A City Attorney Approval Date: S. Rudin 5/11/2022 Assistant City Manager Approval Date: D. Schwartz 5/19/2022 Attachments 1. License Agreement Between City of Rohnert Park and Flynn Creek Circus, LLC 2. Resolution Attachment 1 1 OAK #4866-5352-8606 v2 CITY OF ROHNERT PARK LICENSE AGREEMENT WITH FLYNN CREEK CIRCUS LLC FOR USE OF THE ROHNERT PARK COMMUNITY CENTER FOR CIRCUS ACTIVITIES This License Agreement (“Agreement”) is made and entered into as of May 2, 2022 (“Effective Date”) by and between the City of Rohnert Park (“City”) and the Flynn Creek Circus LLC, a California limited liability company (“FCC”). City and FCC are referred to herein collectively as the “Parties” and individually as a “Party.” RECITALS WHEREAS, FCC desires to conduct a fundraising circus event, consisting of 6 shows and a circus camp program at Rohnert Park Community Center, 5401 Snyder Lane, Rohnert Park, California, 94928 (“Community Center”); and, WHEREAS, the City has agreed to host this fundraising circus event at a designated location at the Community Center, subject to the terms and conditions of this Agreement; NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1.PERMITTED USE AND LICENSE City grants to FCC a revocable, personal, non-exclusive and non-possessory privilege and license (“License”) to enter upon and use that portion of the Community Center identified as the License Area in Exhibit “B” and incorporated herein, for the limited purpose and subject to the terms, conditions and restrictions set forth herein. FCC may enter upon and use the License Area solely for purposes of conducting a fundraising circus, subject to such further requirements and restrictions as set forth in Exhibit A and incorporated herein (the “Activities”). This Agreement gives FCC a License only and notwithstanding anything to the contrary herein, this License does not constitute a grant by City of any ownership, leasehold, easement or other property interest or estate whatsoever in the License Area, or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws. Without limiting the foregoing, this License is subject and subordinate to all existing documents and 2 OAK #4866-5352-8606 v2 instruments of record affecting the City property. FCC must secure all additional necessary approvals, permits and consents, and deliver all necessary notices, before commencing work or activities in the License Area, including any approvals, permits, consents or notices required from or to City or any other agency. FCC covenants and agrees, for the benefit of City, that FCC shall fully comply with the terms and conditions of any rules and regulations promulgated by City as they apply to any work or activities to be performed or temporary facilities to be installed by FCC on the License Area pursuant to this Agreement, and City shall have no responsibility or liability of any kind with respect thereto. C ity reserves the right to use the License Area in common with FCC, as long as such use does not materially interfere with FCC’s Activities within the License Area. FCC shall obtain any and all permits, licenses and approvals (collectively, “Approvals”) of all regulatory agencies and other third parties that are required to commence the Activities. FCC shall ensure that it, or its vendors, obtain any required licensing from ABC regarding alcohol sales in connection with the Activities. FCC shall, at its expense, conduct and cause to be conducted all activities on the License Area allowed hereunder in a safe and reasonable manner and in compliance with all laws, ordinances, requirement, policies and standards of City and all other governmental or other regulatory authorities with jurisdiction and authority over the License Area and the Activities (including, without limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. FCC shall, at its sole expense, procure and maintain in force at all times during its use of the License Area any and all business and other licenses or approvals necessary to conduct the activities allowed hereunder. FCC understands and agrees that City is entering into this Agreement in its capacity as a property owner with a proprietary interest in the License Area and not as a regulatory agency with police powers. FCC further understands and agrees that no approval by City for purposes of this Agreement shall be deemed to constitute approval of any other federal, state, or other local regulatory authority with jurisdiction, and nothing herein shall limit FCC’s obligation to obtain all such regulatory approvals at FCC’s sole cost, or limit in any way City’s exercise of its police powers. 2.TERM The term of this Agreement shall begin on the Effective Date and shall remain in effect until 30 days after the final performance (July 17, 2022) (“Expiration Date”), unless sooner terminated pursuant to Section 3 below. 3.TERMINATION Either Party may terminate this Agreement for any reason by providing ten (10) days’ written notice to the other Party pursuant to Section 5 below. 3 OAK #4866-5352-8606 v2 Subject to the foregoing notice requirement, City may at its sole option freely revoke and terminate this License at any time without cause or liability, and without any obligation to pay any consideration to FCC or return to FCC of any part of the License Fee. Upon the effective date of any revocation or termination, FCC shall immediately surrender the License Area in the condition required under this License Agreement. 4.NOTICES All notices under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows: (a) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States mail; (b) When mailed by certified mail with return receipt requested, notice shall be effective upon receipt of delivery is confirmed by a return receipt; (c) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. The place of delivery of all notices under this Agreement shall be as follows; City: Cindy Bagley Director of Community Services – City of Rohnert Park 5401 Snyder Lane, Rohnert Park, CA 94928 (707) 588-3452 FCC: Attn: Blaze Birge, FCC Owner P.O. Box 1111 Mendocino, CA 95460 (510)381-4004 5.AS IS CONDITION OF LICENSE AREA; DISCLAIMER FCC accepts the License Area in its “AS IS” condition, without representation or warranty of any kind by City, its officers, agents or employees, and subject to all applicable laws, rules and ordinances governing the use of the License Area. Without limiting the foregoing, this License is made subject to any and all existing and future covenants, conditions, restrictions, easements, encumbrances and other title matters affecting the License Area, whether foreseen or unforeseen, and whether such matters are of record or would be disclosed by an accurate inspection or survey. 6.NO COST TO CITY FCC shall bear all costs and expenses of any kind or nature in connection with its use of the License Area, and shall keep the License Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the License Area. 7. INSURANCE During the Term of this Agreement, FCC shall obtain and maintain insurance covering claims for injuries to persons or damage to property which may arise out of or in 4 OAK #4866-5352-8606 v2 connection with use of License Area by FCC or FCC’s contractors or agents, as set forth in Exhibit “C”. The insurance carrier shall maintain an A.M. Best rating of not less than A-: VII. 8.INDEMNIFICATION FCC shall indemnify, defend, reimburse and hold harmless City, its officers, agents, employees and contractors, and each of them (collectively, the “Indemnified Parties”), from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, “Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the City Property, or any part thereof, whether such injury, death, damage or destruction is caused by the person or property of FCC, its officers, directors, members, employees, agents, consultants, contractors or subcontractors (collectively, “Agents”), its invitees, guests or business visitors (collectively, “Invitees”), or third persons, relating to any use or activity under this Agreement; (b) any failure by FCC to faithfully observe or perform any of the terms, covenants or conditions of this Agreement; (c) the use of the License Area or any activities conducted thereon by FCC, its Agents or Invitees; (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by FCC, its Agents or Invitees, on, in, under or about the City Property, any improvements or into the environment; or (e) any failure by FCC to faithfully observe or perform any terms, covenants or conditions of this Agreement; except solely to the extent of Claims resulting directly from the sole negligence or willful misconduct of City or City’s authorized representatives. In addition to FCC’s obligation to indemnify City, FCC specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any Claim that actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to FCC by City and continues at all times thereafter. The foregoing indemnity shall include, without limitation, reasonable attorneys’, experts’ and consultants' fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by the indemnified parties, including, without limitation, damages for decrease in the value of the City Property and claims for damages or decreases in the value of adjoining property. FCC’s obligations under this Section shall survive the expiration or other termination of this Agreement. City and City Indemnified Parties shall have no liability to FCC or any FCC Party as the result of damage or loss to property or injury to or death of any such person arising directly or indirectly from the Activities conducted pursuant to this Agreement, except for damages to FCC property caused by the sole negligence or willful misconduct of City. The parties intend that damages and/or costs and all other terms implying an amount tied to liability shall include consequential damages. The amount and type of insurance coverage requirements set forth in this Agreement will in no way be construed as limiting the scope of the FCC’s indemnity in this Section. The obligations pursuant to this Section 8 shall survive the expiration or earlier termination of this Agreement. 5 OAK #4866-5352-8606 v2 9.INTEGRATION This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. No representations, oral agreements, or inducements have been made by either of the Parties, except as expressly set forth herein. This Agreement may not be changed, modified, or rescinded except by written amendment signed by both Parties. 10.SEVERABILITY Should any part of this Agreement be determined to be unenforceable, invalid or illegal, such determination shall not affect the validity of the remainder of the Agreement, which shall continue in full force and effect. 11.LICENSE FEES For use of the License Area for a fundraising circus, FCC agrees to pay (i) a $3,952 non- refundable facility use fee, payable no later than July 1, 2022, minus any costs of obtaining a City-issued business license, and to pay (ii) 10% of gross ticket sales and youth camp program revenue, minus the above facility use fee and costs, due no later than 30 days after the final show scheduled under this Agreement. FCC’s concession and merchandising sales shall not be included in calculation of gross ticket sales. FCC shall provide City with access to its books and records for purposes of determining amounts due under this Agreement, as set forth in Exhibit A. 12.SECURITY DEPOSIT Upon execution of this Agreement, FCC will pay to City $1,000 as a security deposit for faithful performance of FCC’s duties under this Agreement. If FCC shall default on any of the terms of this Agreement, and City chooses to cure the FCC’s default following notice and opportunity to cure, the City may use the security deposit for such purpose. Any unused security deposit existing at the termination of this Agreement which is not already used to offset damage, if any, caused to the Licensed Premises by FCC’s use, shall be refunded to Licensee within 14 days of said termination. 13.PERMITTED USE FCC, shall use the Rohnert Park Community Center as outlined in Exhibit A only for the Term of this Agreement. FCC will have access to the License Area during the term of this Agreement. At the completion of this Agreement or upon termination, FCC shall be responsible for conducting a comprehensive and thorough review of the site and restore it to the condition received. 14.DUTIES OF THE CITY OF ROHNERT PARK City’s sole duties under this Agreement shall be shall be to make available the License Area under the terms and conditions of this Agreement. In addition, the City shall allow 6 OAK #4866-5352-8606 v2 FCC the use of the digital billboard sign (on site), subject to any limitations determined reasonable in the City’s sole discretion, to advertise the Activities and shall distribute any flyers or the materials provided by Flynn Creek Circus at City facilities. Additionally, the City’s community services department shall advertise the event in a manner similar to advertisement of City events in the City’s recreation guide, social media, and email lists, as determined appropriate in the Director of Community Services’ sole discretion. City shall also provide access to a garden hose connection for water for FCC’s use. No other utilities shall be provided by City. City will provide onsite access to trash and recycling dumpsters. City shall mark the approximate location of underground utilities where the big tent will be placed prior to the set-up date. 15.NO JOINT VENTURE This Agreement does not create a partnership or joint venture between City and FCC as to any activity conducted by FCC on, in or relating to the License Area. Except as expressly set forth herein, the granting of the License by City does not constitute authorization or approval by City of any activity conducted by FCC on, in, around or relating to the License Area. FCC acknowledges that pursuant to this Agreement, the City’s responsibility is limited to the provisioning of the License Area to FCC, and that the Activities as performed by FCC and its contractors within or about the License Area shall be deemed the sole responsibility of FCC. 16.REPAIR OF DAMAGE If any portion of the License Area or any personal property of City located on or about the License Area is damaged or threatened by any of the Activities conducted by FCC or anyone acting by or through FCC hereunder, FCC shall immediately, at its sole cost, notify City by electronic mail of such damage or threat. City may, but shall not be obligated, to remedy such damage or threat at FCC’s sole cost, including applying the security deposit for such purposes, or City may elect to witness FCC’s repair work. In the event City elects not to remedy such damage or threat, FCC shall repair any and all such damage and restore the License Area or property to its previous condition subject to City’s inspection, review and approval. City has no responsibility or liability of any kind with respect to any utilities that may be on, in or under the License Area. 17.FORCE MAJEURE Neither party will be liable for failure or delay to perform obligations under this Agreement, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include with limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind 7 OAK #4866-5352-8606 v2 to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their duly authorized officers, as of the date first set forth above. For FCC: For City of Rohnert Park: Blaze Birge Owner, Flynn Creek Circus LLC City Manager Approved As to Form: City Attorney 8 OAK #4866-5352-8606 v2 EXHIBIT A SCOPE OF PERMITTED USE AND SCHEDULE Event Description: Flynn Creek Circus LLC (herein referred to as FCC) will perform 1 ½ - 2 hour shows at the Rohnert Park Community Center in cooperation with the City of Rohnert Park in FCC's Big Top Circus Tent. The performances will take place from July 14 -17, 2022. FCC staff, volunteers and equipment will arrive the Monday preceding the event weekend (July 11, 2022) and depart the Monday following the event weekend (July 18, 2022). Show times (subject to change): Thursday at 7:00pm Friday at 7pm Saturday at 1pm, 4pm and 8pm (Adults 21+ show at 8pm) Sunday at 1pm and 4pm Tent will open to the public 30 minutes prior to the show time each day. Youth Camp 9am-noon, Wednesday-Friday. Camp Recital 11am -noon, Friday Flynn Creek Circus Activities and Responsibilities *FCC will be responsible for all operational aspects of presenting the circus show including: *performing a high quality show, securing all equipment and staff *providing high quality promotional digital art (posters, PSA announcements, etc.) for distribution by the City *promoting ticket sales through internet advertising, postering and social networking *securing appropriate permits as required by city, state and county law including but not limited to a City of Rohnert Park Business License, County Health Department and the City of Rohnert Park Fire Marshall *erecting and dismantling the Big Top and all associated equipment *online ticket sales and at the door ticket sales *recycling and site clean up *FCC will use transparent accounting methods and provide complete ticket sales reports to the City. FCC shall keep and maintain full and complete records showing all income derived from any source and all expenses incurred for the Event, which records shall be available to the City upon City’s request for inspection, including for a period of thirty (30) days after the later of: expiration of the Agreement; the payment date, or termination of the Agreement. *FCC will notify necessary Emergency Services such as Rohnert Park Department of Public Safety and Sheriff's Office about the event. *FCC shall keep vehicle traffic on the field to a minimum. *FCC will partner with Circus Mentors Inc. to provide a wine and beer bar at the event. Proceeds from this activity will support Circus Mentors Inc. 501c3 *FCC shall ensure that Circus Mentors Inc. acquires the necessary ABC permit required to sell alcohol at special events. Big Top Tent installation and generator noise *FCC's professional riggers and volunteers will erect and dismantle the 120' x 80' circus tent on the Community Center lawn. Although some vehicle movement is required, FCC will keep this to a minimum. Liability and Security *FCC operates on safety standards that exceed national and international circus regulations. The security of our performers, audience and general public is our number one priority. Contracted parties of FCC carry individual liability insurance in addition to the Flynn Creek Circus LLC policy and the requirements of the Agreement. 9 OAK #4866-5352-8606 v2 *Security: The Big Top tent is secured by onsite artist staff housed in living trailers. This onsite presence is crucial to the security of the equipment inside the Big Top as well as the liability concerns with the general public. Rehearsals *The circus will be at the Location prior to the scheduled shows to run technical rehearsals and provide inspectors with an opportunity to survey the equipment. This activity is not open to the public. FCC understands the "greater" portions of the Community Center complex will be open to the general public from dawn to dusk during rehearsal and performance times. The fields containing the Big Top tent will be closed to the general public except during performance times, and the FCC staff trailers will be closed to general public at all times. 10 OAK #4866-5352-8606 v2 EXHIBIT B LICENSE AREA The License Area includes the following portions of the Rohnert Park Community Center Complex, 5401 Snyder Lane, Rohnert Park, California, 94928: 1. South Lawn (red)* *Vehicles must be parked in parking spaces unless absolutely necessary to reduce potential for damage to irrigation and turf. 2. Restroom (blue) – These restrooms shall be open ½ hour before show time and will close 3 hours later. 3.Restroom (orange) – These restrooms are open M-F 8am-5pm Additionally, the License Area includes non-exclusive rights to use of the parking area at the Community Center on a first-come, first-served basis. 11 OAK #4866-5352-8606 v2 EXHIBIT C INSURANCE REQUIREMENTS FCC shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the FCC’s use of the License Area and the activities of the FCC, its contractor(s), guests, agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering , Code 1 (any auto), or if Instructor has no owned autos, Code 8 (hired) and 9 (nonowned), with limits no less than $2,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note – required only if Instructor has employees). If the FCC 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 FCC. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the rental of the facility, work or operations performed by or on behalf of the FCC including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the FCC’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the FCC’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, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the FCC’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation FCC hereby grants to City a waiver of any right to subrogation which any insurer of said FCC may acquire against the City by virtue of the payment of any loss under such insurance. Renter agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Liquor Liability If FCC or any of its contractors or subcontractors will be supplying alcoholic beverages, the general liability insurance shall include host liquor liability coverage. If FCC is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage. If FCC intends to sell alcohol either the FCC or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage FCC shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. Special Risks or Circumstances City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances. 12 OAK #4866-5352-8606 v2 RESOLUTION NO. 2022-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE ASSISTANT CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH FLYNN CREEK CIRCUS, LLC FOR USE OF THE COMMUNITY CENTER LAWN WHEREAS, Flynn Creek Circus, LLC (FCC) desires to conduct a fundraising circus event, consisting of 6 shows and a circus camp program at the Rohnert Park Community Center, 5401 Snyder Lane, Rohnert Park (“Community Center”); and WHEREAS, FCC desires access the Community Center from July 11 through July 18, 2022; and WHEREAS, the City has agreed to host this fundraising circus event at a designated location at the Community Center subject to the terms and conditions of the agreement attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED that the City of Rohnert Park City Council does hereby authorize the Assistant City Manager to execute the license agreement with Flynn Creek Circus, LLC DULY AND REGULARLY ADOPTED this 24th day of May, 2022. CITY OF ROHNERT PARK ___________________________ Jackie Elward, Mayor ATTEST: Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 7.A. 1 Meeting Date: May 24, 2022 Department Administration Submitted By: Sylvia Lopez Cuevas, City Clerk Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Consider Adopting a Resolution Appointing a Member to the Office of the Rohnert Park City Council for District 1 to serve until the November 8, 2022 General Municipal Election Results are Certified RECOMMENDED ACTION: Discuss the applications received to fill the Council vacancy left by Vice Mayor Linares in District 1, and adopt a resolution appointing one applicant to fill the Office of the Rohnert Park City Council for District 1 to serve until the November 8, 2022 General Municipal Election results are certified. BACKGROUND: Vice Mayor Linares was elected to the Council on November 3, 2020 from Council District 1. On April 18, 2022, Vice Mayor Linares announced his intention to resign from the City Council, effective upon appointment of his successor, but no later than May 25, 2022. Government Code § 36512 sets forth the requirements relating to filling vacancies in an elective or appointed office. Subdivision (b) of that section provides options to fill a vacancy in an elective office within 60 days from the commencement of the vacancy: 1) Fill the vacancy by appointment: Consistent with Government Code § 36512(b)(2)(A), as Vice Mayor Linares’ vacancy occurs in the first half of the term of office and at least 130 days prior to the next general election, the appointed person would hold office until the November 8, 2022 general municipal election; or 2) Call a special election to fill the vacancy at the next regularly scheduled election. On April 26, 2022, the City Council decided to fill the vacancy through an appointment process with potential candidates submitting applications for consideration. The application period was from April 27 to May 13, 2022 at 4:00 p.m. and applications were reviewed from May 13 to May 24, 2022. The Council will consider making the appointment of one of the applicants at its Council meeting on May 24, 2022. The appointed person would hold office until the results of the next election on November 8, 2022 are certified. ANALYSIS: In order to attract more applicants, the City Clerk’s office issued a press release, in both English and Spanish, on April 27, 2022. During the following days, this information was promoted on the City’s Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.A. 2 social media channels, posted at City facilities, and published in the Press Democrat and The Community Voice. The application period closed on May 13, 2022 at 4:00 p.m. and the City Clerk received applications from the following individuals: 1. David Soldavini 2. Sara Jordan 3. Samantha Rodriguez All applications were reviewed to ensure they met the required criteria and then were forwarded to all Councilmembers following the close of the application period on Friday May 13, 2022 at 4:00 p.m. for review. The applications were also posted on the City’s website for public inspection. Government Code §36512 (e)(1) contains special provisions related to filling vacancies in city council seats elected by district, where the vacancy is created by resignation of a councilmember for reasons other than facing charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. Under those provisions, Vice Mayor Linares may cast a vote on the appointment if the resignation will go into effect upon the appointment of his successor. Vice Mayor Linares may not cast a vote for a family member or any other person with whom he has a relationship that may create a potential conflict of interest. Moreover, if Vice Mayor Linares elects to cast a vote under these provisions, he shall be prohibited from the following actions for a period of two years after the appointment of his successor: (A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. (B) Entering into a contract of any kind with the city or a city vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. Staff is asking Council to appoint an individual from those who filed applications to fill the District 1 vacancy. The appointment will be made by majority of the vote of the Council and the appointment will become effective immediately. However, the appointed Councilmember cannot commence their duties until the oath of office is taken pursuant to California Constitution Article XX and Government Code section 1360. The appointed person would hold office until the results of the next election, November 8, 2022 are certified. Whomever is elected in the November, 2022 election would serve the remainder of Vice Mayor Linares’ term ending in December 2024. As indicated above, the Council must choose either to appoint someone to fill the vacancy or call for a special election within 60 days from commencement of the vacancy. Although 60 days from May 25, 2022 (last date the resignation would become effective) would put the deadline for the decision at July 24, 2022, the Council must also adhere to the election timelines which require that the call of the election occur no later than July 17, 2022 for the November 8, 2022 general election. If Council is unable to make an appointment by July 17, 2022, the seat will remain empty until the election in November. ITEM NO. 7.A. 3 STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This item aligns with the City’s Strategic Plan Goal A – Facilitate participative leadership at all levels, and Plan Goal C – Ensure the Effective Delivery of Public Services. OPTIONS CONSIDERED: 1. Discuss the applications received, nominate and adopt a resolution appointing a Member to the City of Rohnert Park Council to fill the District 1 vacancy; or 2. If the Council is not able to make an appointment on July 17, 2022, the seat will remain empty until the special election on November 8, 2022 takes place. FISCAL IMPACT/FUNDING SOURCE: The cost to advertise the City Council vacancy was $465. There is no fiscal impact by making an appointment to fill the Council vacancy. Finance Approval Date: N/A City Attorney Approval Date: 5/13/2022 Assistant City Manager Approval Date: 05/17/2022 Attachments: 1. Applications 2. Draft Resolution Attachment 1 RESOLUTION NO. 2022-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPOINTING A MEMBER TO THE OFFICE OF THE ROHNERT PARK CITY COUNCIL FOR DISTRICT 1 TO SERVE UNTIL THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION RESULTS ARE CERTIFIED WHEREAS, Vice Mayor Linares was elected to the position of City Councilmember for District 1 on November 3, 2020; and WHEREAS, the term of office to which Vice Mayor Linares was elected will expire in December 2024; and WHEREAS, on April 18, 2022, Vice Mayor Linares announced his resignation from the position of City Councilmember for District 1, effective upon appointment of his successor, but no later than May 25, 2022; and WHEREAS, Government Code § 36512 provides that the City Council has the authority, within sixty (60) days from the commencement of the vacancy, to fill the vacancy by appointment; and WHEREAS, consistent with Government Code § 36512(b)(2)(A), as Vice Mayor Linares’ vacancy occurs in the first half of the term of office and at least 130 days prior to the next general election, the appointed person would hold office until the November 2022 general municipal election; and WHEREAS, to ensure that the public is served with an individual for a reasonable amount of time before the next regularly scheduled municipal election, the City Council finds that it is in the best interests of the City of Rohnert Park to fill the vacancy by appointing a successor until certification and presentation of the November 8, 2022 election results, anticipated to occur in December 2022; and WHEREAS, the Council, acting through the City Clerk, noticed and solicited applications for appointment to fill the vacancy from qualified registered voters of District 1 of the City of Rohnert Park; and WHEREAS, the Council established the date of Friday, May 13, 2022 at 4:00 p.m. as the deadline for submission of said applications for appointment, and by said deadline received three (3) applications from qualified applicants; and WHEREAS, Government Code §36512(e)(1) provides that Vice Mayor Linares may participate in the deliberations and may cast a vote on the appointment and his resignation will go into effect upon the appointment of his successor; and WHEREAS, at a duly noticed regular meeting held on Tuesday, May 24 , 2022, the Council discussed qualified applicants who submitted; and Resolution 2022-055 2 WHEREAS, the Council having considered and voted upon the appointment in accordance with the Government Code § 36512, has reached agreement in the matter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park, pursuant to Government Code section 36512, hereby appoints XXXXXXX, an elector and registered voter of the City of Rohnert Park, District 1, to serve as a member of the Rohnert Park City Council representing District 1 for a term to expire upon certification and presentation of the November 8, 2022 election results, at which time a candidate will be elected to fill the remaining two year term of this Council seat. DULY AND REGULARLY ADOPTED this 24th day of May, 2022. CITY OF ROHNERT PARK ____________________________________ Jackie Elward, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 7.B. Meeting Date: May 24, 2022 Department: City Clerk’s Office Submitted By: Sylvia Lopez Cuevas, City Clerk Prepared By: Sylvia Lopez Cuevas, City Clerk Agenda Title: Discussion and Direction Regarding Regulations to the City Council Candidates’ Statements of Qualifications for the November 8, 2022 City of Rohnert Park Municipal Election RECOMMENDED ACTION: Provide direction to staff regarding regulations for candidates for elective office pertaining to the number of words on and costs of printing Candidates’ Statements of Qualifications. BACKGROUND: On January 1, 2018, the City of Rohnert Park entered into an agreement for election services with the County of Sonoma, which continues through December 31, 2022. City Council has previously set a 200 word limit on the Candidate’s Statement of Qualifications (SOQ), which is in alignment with the limit established by the Sonoma County Registrar of Voters Office (ROV). Council has previously covered the costs of the printing of the SOQ. City Council must establish City policy regarding the length (number of words) on the Candidates’ Statements of Qualifications. It also will set policy as to who shall pay for the printing of the candidates’ statements in the Voter Information Guide(s). The policy must be adopted no later than July 11, 2022, which is at least seven days before the opening of the nomination period. Traditionally, Council has adopted the policy at the same meeting in which the election is called–the first or second meeting in June. ANALYSIS: Any City Councilmember who may be a candidate in November 2022 should recuse himself or herself from discussing and providing direction on the costs of printing the Candidate’s Statement since the resolution could have a “personal financial effect.”1 The Councilmember would state the existence of the potential conflict, following the announcement of the agenda item and before discussion of the item, and recuse: 1. Disclose that voting on this item would create a conflict of interest because it would have “a personal financial effect” on the councilmember if he or she chooses to run for election, because the councilmember would be subject to the printing costs to be set by the Council. 1 Title 2 Cal. Code of Regulations § 18702.5 “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.B. 2. The councilmember must recuse himself or herself and leave the room after the above disclosure is made. However, if this results in the loss of a quorum, councilmembers may be randomly selected to take part in order to reach a quorum. When a councilmember is selected, he or she shall be selected for the duration of any related matters, including the adoption of any resolutions needed. The nomination period for City Council candidates for the November 8, 2022, Municipal Election opens on July 18, 2022. As part of the nomination process, each candidate has the option of providing a SOQ. City Council has previously set a 200 word limit on the SOQ, which is in alignment with the limit established by the Sonoma County ROV. Staff recommends Council continue the established 200 word limit. In 2018 and 2020, the City paid for the cost of printing the SOQ in English and Spanish, even though the City was not legally required to print in a foreign language. No other city in Sonoma County pays for the cost of printing of a candidate’s SOQ. The City’s average cost per candidate to print the SOQ at the 2020 first district election was $469.09. Sonoma County has been officially designated a bilingual County and all ballots, voter information guides that include instructions, measures, arguments, etc., will be printed in both English and Spanish. For this reason, the ROV estimates that the cost of printing a candidate’s SOQ this year will be higher. They estimate the cost to be between $416 to $768 per candidate plus additional translation and printing costs. There are numerous factors that determine the cost of printing a candidate’s SOQ’s, such as the number of registered votes in the district, number of candidates running for that seat, if the total number of statements is not divisible by four or the statement cannot be printed with any other statements. For these reasons, staff is unable to provide the exact amount the City would pay if the Council chooses to continue with its current practice of paying for the candidate’s SOQ’s. Using the highest estimate of $768 per candidate, the City would pay approximately $7,680 for ten candidates plus additional fees for translation and printing costs. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This item aligns with the City’s Strategic Plan Goal A – Facilitate participative leadership at all levels and Plan Goal C – Ensure the effective delivery of the City of Rohnert Park’s Municipal Elections. OPTIONS CONSIDERED: Direction to staff regarding regulations for candidates for elective office pertaining to Candidates’ Statements: 1. Staff recommends adopting regulations that continue the established 200 word limit which is in alignment with the limits set by the County and continue with the City’s policy of paying the printing costs of a candidate’s SOQ because this may eliminate a barrier to entry for potential candidates. 2. Alternative: Staff also considered discontinuing the practice of paying the cost of printing the SOQ and requiring the candidate to pay all costs. If Council would like to explore this, staff recommends consideration in a non-election year to allow all Councilmembers to participate in the policy decision. ITEM NO. 7.B. FISCAL IMPACT/FUNDING SOURCE: The fiscal impacts of the proposed action will occur in the new fiscal year. At the April 18, 2022 budget work session, staff proposed a budget of $50,000 to cover overall election costs in November 2022, including the printing of the SOQ’s. After the budget work session, staff received estimates from the Sonoma County ROV indicating the costs of having District 1, 3 and 5 on the November ballot could be up to $90,000 plus additional translation and printing costs. For this reason, Staff will be recommending a $100,000 in the proposed FY 2022-23 Elections Budget that the Council is expecting to review in June. Finance Approval Date: 5/6/2022 City Attorney Approval Date: 5/10/2022 Assistant City Manager Approval Date: 05/12/2022 Attachments: None. ITEM NO. 7.C. 1 Meeting Date: May 24, 2022 Department Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Nick Bennett, Environmental Coordinator Agenda Title: Introduce by title only, and waive reading of Ordinance No 966 - An Ordinance of the City Council of the City of Rohnert Park Adding Chapter 8.06 (Prohibitions on the Use and Sale of Products Containing Polystyrene and Requirements Relating to the Use of Compostable or Recyclable Products) to the Rohnert Park Municipal Code (CEQA Status: Exempt) RECOMMENDED ACTION: Consistent with Council’s direction from April 12, 2022, Staff is recommending Council to introduce by title only, and waive reading of an Ordinance adding Chapter 8.06 (Prohibitions on the Use and Sale of Products Containing Polystyrene and Requirements Relating to the Use of Compostable or Recyclable Products) to the Rohnert Park Municipal Code. BACKGROUND: On April 12, 2022, City Council discussed outreach and research conducted by Zero Waste Sonoma as well as a study focused on the polystyrene waste and litter. Zero Waste Sonoma concluded that there would be an environmental benefit for its members to adopt ordinances to reduce the amount of polystyrene and single-use food service ware waste. After discussions, Council directed staff to bring back an ordinance to prohibit the use and sale of disposable food service ware and other products containing polystyrene. Staff recommends moving forward with the proposed ordinance banning these types of products. ANALYSIS: The City of Rohnert Park is a member of Zero Waste Sonoma (formerly Sonoma County Waste Management Agency (SCWMA)), a Joint Powers Authority whose mission it is divert waste from landfill disposal in Sonoma County through reduction, reuse, and recycling. The Zero Waste Sonoma staff created a polystyrene waste reduction ordinance to encourage a regional ban on these types of items. Polystyrene items are common forms of litter and more environmentally friendly alternatives are readily available. Common examples of polystyrene foam products include styrofoam coffee cups, packing ‘peanuts,’ and containers for take-out and left over food from restaurants. The main elements of the proposed ordinance include the following: 1. Banning of polystyrene foam and PFAS (long lasting chemicals found in many different consumer, commercial, and industrial products) food service ware distributed by food and beverage establishments and food providers Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.C. 2 2. Banning of polystyrene foam products sold by retail vendors 3. Requiring food and beverage providers and special events to use locally recyclable or compostable food service ware when commercially available 4. Requiring food and beverage establishments and providers to provide single use straws, lids, to-go condiment packages and utensils upon request only 5. Recommending businesses impose voluntary “take-out” fees for disposable service ware and credits for reusable items 6. Requirements for compliance in contract and lease language for vendors and contractors doing business with the City. Zero Waste Sonoma will handle the education and enforcement with existing staff for compliance within the City limits through a separate agreement. Staff intend to put the approval of the agreement on the consent calendar for a subsequent meeting in conjunction with adoption of the proposed ordinance. STRATEGIC PLAN AND COUNCIL PRIORITY ALIGNMENT: This item is consistent with the city council strategic priority of climate resiliency because if directed to proceed it would reduce non- biodegradable waste. ENVIRONMENTAL REVIEW: The adoption of the ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15307 and 15308, as the purpose of the ordinance is to adopt regulations with respect to polystyrene which breaks down causing pollution and litter in public streets, waterways, and this action would result in additional protections for natural resources and the environmental, and in the alternative, exempt under CEQA Guidelines section 15061(b)(3) in that the regulations adopted would not result in any direct or indirect physical changes that are likely to have a significant effect on the environment. ALTERNATIVES CONSIDERED: 1. Recommended Action: Introduce Ordinance Adding Chapter 8.06 (Prohibitions on the Use and Sale of Products Containing Polystyrene and Requirements Relating to the Use of Compostable or Recyclable Products) to the Rohnert Park Municipal Code. This action will allow the City to be in alignment with the regional approach. 2. Do not introduce this ordinance. Without the proposed ordinance, the City will not be in alignment with the rest of the region who has already adopted some form of this ordinance. FISCAL IMPACT/FUNDING SOURCE: Financial impacts are expected to be minimal as a result of adopting this ordinance. Reduced sales tax collections from the prohibition of purchasing polystyrene service ware items are expected to be offset by the purchase of alternative service ware. The impact to staff’s workload will be negligible if we enter into an agreement with Zero Waste Sonoma for that agency to perform the education and enforcement. Enforcement would be complaint- based, and based on the experiences in the Counties of Santa Clara and Santa Cruz, there is expected to be an initial spike in staff time needed to respond to complaints in the first few months after the ordinance is effective, and then very little staff time needed thereafter to respond to complaints. Senior Code Compliance Officer Approval Date: 5/10/2022 Department Head Approval Date: 05/09/2022 ITEM NO. 7.C. 3 Finance Approval Date: 04/22/2022 City Attorney Approval Date: 04/27/2022 Assistant City Manager Approval Date: 5/10/2022 Attachments: 1. An Ordinance of the City Council of the City of Rohnert Park Adding Chapter 8.06 (Prohibitions on the Use and Sale of Products Containing Polystyrene and Requirements Relating to the Use of Compostable or Recyclable Products) to the Rohnert Park Municipal Code. ORDINANCE NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA ADDING CHAPTER 8.06 (PROHIBITIONS ON THE USE AND SALE OF PRODUCTS CONTAINING POLYSTYRENE AND REQUIREMENTS RELATING TO THE USE OF COMPOSTABLE OR RECYCLABLE PRODUCTS) TO THE ROHNERT PARK MUNICIPAL CODE WHEREAS, public agencies have a duty to protect the natural environment, the economy, and the health and safety of residents; and WHEREAS, products made from expanded polystyrene foam are not compostable, returnable or recyclable; and WHEREAS, there is a prevalence of polystyrene foam debris littering parks and public places, streets and roads, waterways, storm drains and beaches, which results in high financial and environmental costs to residents, wildlife and natural resources; and WHEREAS, perfluoroalkyl and polyflouroalkyl substances (“PFAS”), are synthetic chemicals commonly used in disposable food service ware products to repel water and grease, and oil, but are extremely persistent in the environment, leach into food, and can be taken up from soil into food; and, WHEREAS, eliminating the use of polystyrene foam, PFAS and other non-compostable and non-recyclable single-use food service ware items will maximize the operating life of landfills, lessen the economic and environmental costs of waste management for businesses and residents of Sonoma County, and further protect the public health and safety of residents, the natural environment, waterways and wildlife. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. VALIDITY The above recitals are hereby found to be true and correct. SECTION 2. FINDINGS The City Council finds: A. That the proposed amendments to the Rohnert Park Municipal Code will contribute to the public health, safety and welfare, by significantly lessening the use of polystyrene foam and other non-compostable and non-recyclable items within the City; B. That this ordinance is enacted pursuant to authority granted under Government Code Section 37100 to pass ordinances not in conflict with the Constitution and laws of the State or the United States; C. That enforcement of city ordinances is an essential government function and necessary to adequately protect the public health and safety. The proposed addition of Chapter 8.06 to the Rohnert Park Municipal Code will promote the public health, safety, and welfare in a manner consistent with applicable law. Ordinance No 966 Page 2 SECTION 3. ENVIRONMENTAL REVIEW A. This ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Environmental Code of Regulations because it can be seen with certainty that there is no possibility that this ordinance will have a significant negative effect on the environment; B. This Ordinance is exempt from CEQA on the separate and independent ground that it is an action of a regulatory agency (the City of Rohnert Park) for the protection of the environment because it will strengthen the City’s regulations regarding the distribution and sale of polystyrene products; and C. This Ordinance is categorically exempt from the requirements of CEQA under Section 15308 of Title 14 of the California Code of Regulations as an action by a regulatory agency for the protection of the environment. SECTION 4. CHAPTER 8.06, “PROHIBITIONS ON THE USE AND SALE OF PRODUCTS CONTAINING POLYSTYRENE AND REQUIREMENTS RELATING TO THE USE OF COMPOSTABLE OR RECYCLABLE PRODUCTS,” IS HEREBY ADDED TO THE ROHNERT PARK MUNICIPAL CODE AS FOLLOWS: Chapter 8.06 – PROHIBITIONS ON THE USE AND SALE OF PRODUCTS CONTAINING POLYSTYRENE AND REQUIREMENTS RELATING TO THE USE OF COMPOSTABLE OR RECYCLABLE PRODUCTS 8.06.010 Findings and intent. The City finds and declares: A. The City has a duty to protect the natural environment, our economy, and the health of its citizens. B. Products made from expanded polystyrene foam are not compostable, returnable or recyclable. Polystyrene foam easily breaks up into smaller pieces and, because it is lightweight, is carried by the wind even when it has been disposed of properly. C. There is a prevalence of polystyrene foam debris littering our parks and public places, streets and roads, waterways, storm drains and beaches. This litter exists at a financial cost to residents and an environmental cost to our natural resources. D. The City is situated near the Sonoma Coast and near waterways which drain to the marine environment. Marine animals and birds often confuse polystyrene foam pieces as a food source, which, when ingested, can impact the digestive tract, often leading to death. E. Discarded polystyrene constitutes a portion of the City’s waste stream. Laws, policies and regulations pertaining to this material have become a vital component in efforts to reduce the amount of disposed waste. F. It is not economically feasible to recycle most polystyrene in the city. Eliminating the use of polystyrene foam and other noncompostable and nonrecyclable items will maximize the operating life of our landfills and will lessen the economic and environmental costs of waste management for businesses and citizens of Sonoma County. Ordinance No 966 Page 3 G. According to the California Department of Resources Recycling and Recovery (CalRecycle), polystyrene’s overall environmental impacts are the second highest of any product, behind only aluminum. H. Alternative products exist for almost all uses of polystyrene foam. I. Restricting the use of polystyrene foam products will further protect the public health and safety of the City’s residents, the natural environment, waterways, and wildlife. 8.06.020 Definitions. Unless otherwise expressly stated, whenever used in this chapter the following terms shall have the meanings set forth below: A. "City" means that area within the corporate limits of the city of Rohnert Park, California, and all territory outside the city over which the city has jurisdiction by virtue of any constitutional provisions, or any ordinance or law. B. “City contractors and lessees” means any person or entity that has a contract with the City for works or improvements to be performed; for a franchise, concession or lease of property; for grant monies; or for goods and services or supplies to be purchased at the expense of the City. C. “City facilities” means any park, building, structure or vehicles owned or operated by the City; its agents, agencies, departments and franchisees. D. “Compostable” means products made entirely from natural plant fibers such as paper, bamboo, wood, sugarcane, and wheat. These products must be accepted at the industrial or municipal facilities that aerobically compost Sonoma County’s food scraps and yard debris. For the purposes of this ordinance, products that contain or are coated with plastic polymers such as polylactic acid (PLA) or polyethylene (PE) are not compostable. E. “Disposable food service ware” includes all containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, napkins and other food ware items designed for one-time use for prepared foods, including without limitation service ware for take-out foods and/or leftovers from partially consumed meals prepared by food providers. The term “disposable food service ware” does not include items composed entirely of aluminum, or polystyrene foam coolers and ice chests that are wholly encapsulated or encased within a more durable material so as to be reusable. F. “Food provider” means any vendor, business, organization, entity, group or individual, including retail food establishments, that offers food or beverages to the public and is located in or provides food within the City. G. “Person” means any natural person, firm, association, business or organization, corporation, partnership, trust, estate, or any other legal entity recognized by law as the subject of legal rights or duties. H. “PFAS” means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl and polyfluoroalkyl substances. I. “Polystyrene foam” means blown polystyrene and expanded and extruded foams made from thermoplastic, petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres Ordinance No 966 Page 4 (expandable bead polystyrene); injection molding; foam molding; and extrusion-blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. J. “Prepared food” means food or beverages commercially prepared on the food provider’s premises or within the City, using any cooking or food preparation technique, whether designed and intended to be consumed on or off-premises. K. “Recyclable” means material that can be sorted, cleansed, and reconstituted using recycling collection programs available in Sonoma County, for the purpose of using the altered material in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. L. “Retail vendor” means any store or other business that sells goods or merchandise, whether located within or operating within the City. M. “Reusable” means materials that will be used more than once in its same form by the customer, retail vendor or other reuse program. Reusable food service ware includes: food and beverage containers, packages and trays, such as, but not limited to, soft drink bottles and milk containers that are designed to be returned to the distributor or reused by the customer and that are provided as take-out containers. Reusable also includes durable containers, packages or trays used on-premises, returnable containers brought back to the food vendor and those intended to be taken home by the consumer for reuse, including all containers, bowls, plates, trays, cartons, cups, and other items that are designed for prolonged use, including, but not limited to, durable plastic, ceramic, glass, porcelain, and metal food service ware. N. “Special event promoter” means an applicant for any special event permit issued by the City, or any City employee(s) responsible for any organized special event in the City. 8.06.030 Prohibited food service ware and products. A. Food providers shall not sell, hand out, give away, distribute or otherwise make available for public or customer use any disposable food service ware that contains polystyrene foam or PFAS. B. City facilities, and any person renting a city facility, shall not provide disposable food service ware that contains polystyrene foam or PFAS. C. City departments may not purchase, acquire or use disposable food service ware that contains polystyrene foam or PFAS. D. City contractors and lessees may not use disposable food service ware that contains polystyrene foam or PFAS. 8.06.040 Prohibited retail sales. No retail vendor or special event promoter shall sell, rent or otherwise provide any disposable food service ware which is composed in whole or in part of polystyrene foam, except as exempted in Section 8.06.080 of this Chapter. In addition, no retail vendor shall sell, rent or otherwise provide the following items if they are composed in whole or in part of polystyrene foam: A. Coolers, ice chests, or similar containers, except where permitted under Section 8.06.080(F); Ordinance No 966 Page 5 B. Pool or beach toys, except where permitted under Section 8.06.080(F); and C. Packing peanuts or other polystyrene packaging materials. 8.06.050 Nonfood packaging material. It shall be a policy goal of the City to promote and encourage, on a voluntary basis, the elimination of all polystyrene foam packaging. Business establishments located outside the City are encouraged to eliminate use of any packaging that utilizes polystyrene foam, including both block polystyrene foam or packing peanuts; and to eliminate the purchase, use, distribution or sale, for home or personal use, any packaging which utilizes polystyrene foam. 8.06.060 Required compostable or recyclable disposable food service ware. A. All food providers utilizing any disposable food service ware shall use a compostable or recyclable product that is accepted at local recycling facilities. B. All City facilities and departments using any disposable food service ware shall use compostable or recyclable disposable food service ware. C. City contractors and lessees using any disposable food service ware shall use compostable or recyclable disposable food service ware in City facilities while performing under a City contract or lease. D. All food providers shall only provide straws, lids, cutlery, and to-go condiment packages upon request of customers. E. All food providers are encouraged to provide $0.25 credit for customers bringing their own reusable containers for to-go items. F. All food providers are encouraged to charge a ‘take out fee’ of $0.25 for disposable cups, lids, straws, and/or utensils. This fee is intended to offset the potential cost difference of compostable or recyclable food service ware. 8.06.070 Implementation—City contracts and leases. The City Manager or their designee is authorized to promulgate regulations, guidelines and forms and to take any and all other actions reasonable and necessary to enforce this chapter. 8.06.080 Exemptions. A. The City Manager or their designee may exempt a food provider, retail vendor or special event promoter from the requirements of this chapter for a one (1) year period upon showing that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The City Manager or their designee shall put the decision to grant or deny a waiver in writing. Such decision shall be final. B. A food provider, retail vendor or special event promoter granted an exemption must reapply prior to the end of the one-year exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year C. An exemption application shall include all information necessary for the City to make its decision, including but not limited to documentation showing the factual support for the Ordinance No 966 Page 6 claimed exemption. The City Manager or their designee may require the applicant to provide additional information to determine facts regarding the exemption application. D. The City Manager or their designee may approve the exemption application, in whole or in part, with or without conditions. E. Foods prepared and packaged outside the City and sold inside the City are exempt from the provisions of this chapter. This exemption shall not apply to food trucks, or food providers operating in City facilities, pursuant to City contracts, or as a special event promoter in the City. Purveyors of food prepared and packaged outside the City are encouraged to follow the provisions of this chapter. F. Notwithstanding the prohibition on retail sales of products containing polystyrene foam or PFAS, products in which polystyrene foam is included for insulating or flotation purposes and is completely encased in more durable material are exempt from the provisions of this chapter. Examples include reusable coolers, reusable ice chests, and similar reusable containers completely encased in more durable material; life preservers; personal floatation devices such as life jackets; and durable coolers not principally composed of polystyrene. G. Packaging for meat and fish is exempt from the provisions of this chapter. 8.06.090 Enforcement. The City Manager, or their designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of this chapter. The City Manager, or their designee, is authorized to establish regulations or administrative procedures to obtain compliance with this chapter, including, but not limited to, inspecting any retail vendor’s or special event’s premises, in accordance with applicable law, to verify compliance. 8.06.010 Violations. A. Any violation of this chapter shall be deemed an infraction and subject to Section 1.16.010 of this Code. B. It shall be deemed a public nuisance for any person owning, leasing, occupying or having charge or possession of any retail establishment in the City to allow a violation of this chapter. Any violation may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances, and each person violating a requirement under this chapter shall be subject to all enforcement procedures available to the city, including the institution of administration remedies under Chapter 1.24 or Chapter 1.25. Any person who violates any of the provisions of this chapter shall be responsible for the City’s attorney fees associated with the abatement. C. The penalties set forth in this chapter are cumulative and in addition to all other remedies, violations and penalties set forth in the Rohnert Park Municipal Code, state law or federal law. 8.06.011 No conflict with Federal or State law. Nothing in this chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any Federal or State law. Ordinance No 966 Page 7 SECTION 4. ACTIONS TO EFFECTUATE AND CODIFICATION The City Manager is hereby authorized and directed to take other actions on behalf of City, which are not expressly and specifically reserved for the City Council, to implement and effectuate this ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to resolve any numbering conflicts accordingly. SECTION 5. SEVERABILITY Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance. SECTION 6. EFFECTIVE DATE This ordinance shall be in full force and effective no less than 30 days after its adoption, and shall be published or posted as required by law. SECTION 7. PUBLICATION The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced by the City Council of the City of Rohnert Park on May 24, 2022 and DULY AND REGULARLY ADOPTED on June 14, 2022 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK __________________________________ Jackie Elward, Mayor ATTEST: ___________________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ___________________________________ Michelle M. Kenyon, City Attorney ITEM NO. 7.D. 1 Meeting Date: May 24, 2022 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Jenna Garcia, Housing Administrator Agenda Title: Discussion and Direction on the 2023 Housing Element Update RECOMMENDED ACTION: Receive a presentation and provide direction on the proposed goals, policies and programs to be included in the 2023 Housing Element Update. BACKGROUND: The Housing Element is one of the seven mandated elements of the General Plan, and the only element that must be updated on a set schedule, consistent with the establishment of state- mandated Regional Housing Needs Allocations (RHNA), which are published at eight-year intervals. The City last updated its Housing Element in 2014 and this current update will cover the planning period from 2023 to 2031. In the last few years, the Legislature has passed multiple housing bills that prescribe new requirements for Housing Elements and new “by-right” requirements for housing projects. By-right requirements obligate cities to approve certain housing development projects without an ability to apply many local codes and standards or require public hearings. Some of these bills reduce land use control for cities without a certified Housing Element. Staff’s goal for this Housing Element update is to meet the requirements established by the California Department of Housing and Community Development (HCD), preserve the City’s discretionary land use control to the maximum extent possible and bring forward meaningful local goals, policies and programs that support housing at all levels in Rohnert Park. At its March 22, 2022 meeting, the City Council reviewed background data for the Housing Element update including the City’s Regional Housing Needs Allocation (RHNA), the inventory of potential housing sites and the results of community outreach to date. Highlights of this presentation include: • Rohnert Park’s RHNA for the 2023-2031 Housing Element is 1,580 units, which is an increase of 76% over the current RHNA; and • While the City has sufficient land zoned within the proposed General Plan 2040 to meet its overall RHNA and anticipates the construction of several affordable housing projects in the next few years, additional policies and programs are required to demonstrate that the City has the tools in place to meet or exceed the RHNA requirements for below-market-rate units. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.D. 2 Based on Council direction and input from the community, staff and the consultant team have prepared a Draft Housing Strategy. Consistent with City Council direction, staff also began focused outreach around the housing sites proposed for inclusion in the City’s site inventory. At this time, Council is being asked to review and provide direction on the Draft Housing Strategy. This document will be updated to incorporate Council input from today’s meeting, after which staff and the consultant team will prepare the HCD Draft Housing Element. The Draft Housing Element will be posted for a 30-day public review period and then submitted to HCD for its 90-day review. ANALYSIS: The Housing Element includes five goals and a number of policies and implementation programs, which will guide City actions over the 2023-2031 Housing Element cycle. The goals, policies, and programs are designed to address the existing and projected housing needs of the City of Rohnert Park. The five proposed Housing Element Goals are presented below and continue the direction set by the current Housing Element, with modifications made to address new state law. Goal HO-1: New Housing Development (Continuing, amended to meet new laws) Provide opportunities for housing development that accommodate projected growth, mitigate potential constraints, and facilitate mobility within the ownership and rental markets. Ensure adequate sites are available to meet local housing needs. Goal HO-2: Balance of Housing Types (Continuing) Provide a diversity of housing types that accommodate projected population and demographic changes and enable residents to remain in Rohnert Park throughout their lives. Goal HO-3: Provision of Affordable Housing (Continuing) Provide for the housing needs of all economic segments of existing and future residents, giving highest priority to lower income households and minimizing the impact of potential governmental constraints. Preserve the city's existing affordable housing stock and ensure the long-term affordability of new below-market rate units. Goal HO-4: Fair Housing (Continuing) Promote housing opportunities for all people, regardless of race, religion, disability, gender, marital status, ancestry, or national origin. Promote housing opportunities for Rohnert Park residents with special needs, including seniors and the elderly, persons with disabilities, single female-headed households with children, large households, farm workers, people experiencing homelessness and residents with extremely low incomes. Goal HO-5: Preservation and Improvement of Housing Stock and Residential Neighborhoods (Continuing) Preserve and improve the City’s existing housing stock and character and quality of residential neighborhoods. Attachment 1 includes a summary table of the proposed Housing Element programs, and indicates the reasons each program is being proposed. Attachment 2 is the complete Draft Housing Strategy, which ITEM NO. 7.D. 3 provides more detailed descriptions of each proposed goal, policy and program, the party or parties responsible for each program’s implementation and the implementation schedule and funding source. The discussion below focuses on the new programs introduced in this Housing Element Update and provides an update on the focused outreach activities around housing sites. New Programs Proposed by the Housing Element Update: Fourteen new programs are proposed in this Housing Element Update, which are designed to assist the City in complying with the full range of requirements for housing elements. Some of these new programs were reviewed by City Council in March and each of the new program is presented below. When the new program is required to comply with state law, that is noted. Staff is seeking City Council confirmation on including each these new proposed programs in the Housing Element. HO-1.A No Net Loss of Residential Capacity to Accommodate RHNA. The new “No Net Loss” law requires that a City replace any site that was listed on the Housing Element sites inventory for below- market-rate housing if it ends up being developed as anything else. This program would put in place a procedure to track below-market-rate units built throughout the RHNA cycle and to review and update the sites inventory annually, ensuring the City has sufficient sites zoned to meet its RHNA at all income levels. This program is required to comply with state law. HO-1.B Administrative List of Additional Sites. This program would create and maintain a list of additional housing sites with appropriate zoning that could be added to the City’s sites inventory if and when the annual review indicates that there are insufficient sites to accommodate the City’s remaining RHNA. This program is required to comply with state law. HO-1.C Rezone to meet RHNA. This program ensures that the City has sufficient sites zoned to meet its RHNA obligations. The City has included some sites on its proposed Sites Inventory that are being considered for rezoning through the General Plan 2040 Land Change Use process. These include the Cross and Crown and St. John’s sites. Although the City Council has already indicated support for these sites to be rezoned for housing, the rezoning is not complete until the Final General Plan is adopted. Staff anticipates the General Plan adoption will occur in tandem with the Housing Element, however, in the event that the General Plan adoption is delayed by a few months, the City must still adopt a final Housing Element on time. This program builds in a buffer to ensure it can meet the State’s Housing Element update adoption deadline, even if the General Plan is delayed a few months. This program is required to comply with state law. HO-1.D Streamline Development Process. This program would put in place procedures to streamline housing development including creating objective design standards for multi-family and mixed-use projects and a written application process for housing projects eligible for SB 35 streamlining (if and when the City is subject to SB 35 provisions,) which increases by-right requirements. This program is required to comply with state law. HO-1.E Replacement Housing Program. Through this program, the City would require replacement housing units if new development occurs on a site listed on the sites inventory that currently has, or ITEM NO. 7.D. 4 previously had, residential uses and/or is currently occupied by lower-income households. This program is required to comply with state law. HO-2.D Incentivize and Promote ADU and JADU Development. This program was initially reviewed by City Council in March and would incentivize and promote the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) by providing technical assistance and resources for their development and rental. This program is required to comply with state law and would help the City meet its RHNA goals. At its March meeting, City Council indicated support for this program, and provided direction to include a plan for assisting applicants with the responsibilities of being landlords and include a plan for outreach about reduced penalties to existing unpermitted units. Both of these items have been added to the proposed program. HO-2.E Workforce Housing Overlay. This program was also reviewed by City Council in March and would seek to provide a Workforce Housing Overlay that allows owners of non-residential properties to develop certain types of affordable housing without the need for rezoning. This program is not required by state law but would provide another tool for the City meet its RHNA goals. At its March meeting, City Council indicated support for this program, and provided direction to include a plan to study appropriate locations for an overlay to apply to, including whether it would apply to approved plans and development agreements, and include a plan for outreach to property owners and residents in proposed overlay areas. The program now includes language to complete this plan and return to City Council for further direction on the program before the end of calendar year 2024. HO-3.B City Density Bonus Program. Through this program, the City would complete a study by July 2024 to determine if density bonuses that go beyond the state required minimums would incentivize the creation of affordable housing. A density bonus allows developers to increase the number of units built on a site zoned for high-density if they provide certain concessions, such as setting aside some or all of the units as affordable. The program proposed to complete this work by the end of 2024. This program is not required by state law, but may provide another tool for the City meet its RHNA goals. At its March meeting, the City Council indicated support for this program. HO-3.C Essential Housing Bond Financing Program. Through this program, the City would partner with a local non-profit to implement a financing structure that accesses essential function bonds to fund: (1) the acquisition of existing apartment complexes, then income restrict the units to households that are very low to moderate income, and (2) new development of deed-restricted affordable housing. In order for asset managers to access these types of bonds, Cities must join a Joint Powers Authority (JPA) and authorize the JPA to issue these bonds on behalf of the City. The asset manager than purchases the apartment complex, using only money from the bond financing, and sets the rents to be affordable to low and moderate income households. This program is not required by state law, but would help the City meet its RHNA goals. ITEM NO. 7.D. 5 At its March meeting, City Council indicated support for this program. HO-3.F Affordable Housing on Underutilized City Sites. This program focuses on better using under- utilized City-owned sites for affordable housing. This program goes beyond the minimum requirements of state law. The City Council reviewed this program in March and directed staff to engage in additional outreach in support of the program. Staff’s outreach efforts are described below. This program is not required by state law, but would help the City meet its RHNA goals. At its March meeting, City Council indicated support for this program. HO-3.G Prohousing Designation. The Prohousing Designation Program was recently created by the State to award additional points on housing funding applications to cities that go “above and beyond” in promoting housing development in their jurisdictions. In order to qualify for the designation, the City would need to first adopt some new housing programs and policies, and amend some of its zoning codes. The prohousing designation would make the City more competitive on large State housing and infrastructure grants – some of which could support development in the downtown area. Staff is proposing to begin work on updating policies, programs and zoning codes later this year, with a goal of submitting its prohousing designation application by summer 2023. This program is not required by state law, but would help the City access housing funding needed to meet its RHNA goals. HO-4.A Anti-Displacement Actions. This program incorporates some programs from the current Housing Element and addresses new State laws intended to reduce displacement. Displacement is defined as a situation where households are forced to move out of a housing unit or area for economic or physical reasons out of their control. The City’s program would include considering a condominium conversion ordinance, promoting programs for housing stability and eviction prevention and prioritize implementing the new “Essential Housing Bond Financing Program” (proposed program HO-3.C) in areas subject to higher likelihood of displacement. This program is required to comply with state law. HO-4.C Culturally Appropriate Outreach and Marketing. Through this program, the City would develop a process for affordable housing providers to conduct outreach to historically underrepresented populations, including people of color, when affordable housing programs are being marketed. This program is required to comply with state law. HO-4.E Inclusionary Housing Ordinance. Through this program, the City would review and recommend necessary amendments to its Inclusionary Housing Ordinance with the aim of promoting more on-site affordable housing units in new rental residential developments. This program is required to comply with state law. Sites Inventory Outreach: At its meeting in March, Council directed staff to conduct outreach efforts with the owners and neighbors of sites included on the draft sites inventory. Below is a summary of staff’s efforts to date: • Cotati-Rohnert Park Unified School District. Staff met with the Superintendent and Chief Business Official of the Cotati-Rohnert Park Unified School District on May 3, 2022. They ITEM NO. 7.D. 6 discussed both the school-owned site in University District Specific Plan area which is included in sites inventory and housing needs of school district staff, teachers and student families. • Cross & Crown Lutheran Church. Staff met with the Parish Councilmember tasked with conducting research on potential housing projects for this site on May 9, 2022. They discussed the type of housing the church may be interested in developing there and made introductions to three affordable housing developers in the area. • St. John’s Methodist Church. Staff have reached out to owner / representative to request a meeting. • 6020 Labath Avenue. (City-owned site adjacent to Fire Station 3 & Homekey Rohnert Park site.) Staff have been conducting weekly meetings with immediate neighbors of this site since December to solicit input on the Homekey Rohnert Park project. These meetings have also included a discussion of the use of the remaining portion of the parcel. • Roberts Lake Road Park & Ride. Staff are in the process of scheduling a meeting with the business owners across the street from the Roberts Lake Road Park & Ride. • Rohnert Expressway near Vida Nueva. Staff are in the process of scheduling a meeting with the on-site managers of Rancho Verde Mobile Home Park and Vida Nueva. NEXT STEPS: Based on the City Council review of the Draft Housing Strategy, staff and the consultant team will prepare the HCD Draft Housing Element, including a Draft Housing Sites Inventory, for a 30-day public review and then for a 90-day HCD review. CEQA review will be completed at this time. (Spring - Fall 2022). Following HCD review, a Draft Housing Element incorporating HCD’s requested changes and the CEQA document will be prepared for Planning Commission recommendation and City Council action. (Late 2022). If HCD finds the Element needs substantial edits to be in compliance with State law, the Element must be submitted for a 60-day period for subsequent HCD review. Public input will continue to be accepted at each of these review points. Rohnert Park’s HCD-reviewed Housing Element must be adopted by the City Council no later than January 31, 2023. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The Housing Element update supports Strategic Plan Goal D – Continue to Develop a Vibrant Community and City Council Strategic Priority “Attract housing at all levels.” FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact with providing direction on the Housing Element strategies. The preparation of the Draft Housing Element Document is a task in the Housing Element update contract, as authorized by the City Council on November 9, 2021. Funding comes from the State’s local early action program (LEAP,) ABAG’s regional early action program (REAP) and the General Plan Maintenance Fee – a fee charged to new development in order support the ongoing update and implementation of the City’s General Plan. While the City has sufficient funds to complete the Housing Element Update, the tasks associated with potential new ITEM NO. 7.D. 7 programs in the 2023 Housing Element may necessitate additional staffing support in Development Services. Department Head Approval Date: 05/10/2022 Code Compliance Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: 05/17/2022 Assistant City Manager Approval Date: 05/11/2022 Attachments: 1. Proposed Rohnert Park Housing Strategy Programs 2. City of Rohnert Park Draft Housing Strategy: Goals, Policies, and Programs ATTACHMENT 1: PROPOSED ROHNERT PARK HOUSING STRATEGY PROGRAMS CONTINU- ING NEW PROGRAM REASON FOR PROPOSED PROGRAM Address laws Address community /stakeholder input Meet RHNA goals Address previous program  HO-1.A No Net Loss of Residential Capacity to Accommodate RHNA    HO-1.B Administrative List of Additional Sites    HO-1.C Rezone to meet RHNA    HO-1.D Streamline Development Process    HO-1.E Replacement Housing Program   HO-2.A Accessible and Transparent Information     HO-2.B Outreach to Developers    HO-2.C Zoning for a Variety of Housing Types     HO-2.D Incentivize and Promote ADU and JADU Development     HO-2.E Workforce Housing Overlay    HO-3.A Mortgage Credit Certificate Program    HO-3.B City Density Bonus Program    HO-3.C Essential Housing Bond Financing Program    HO-3.D Homes for the Essential Workforce    HO-3.E At-Risk Units   CONTINU- ING NEW PROGRAM REASON FOR PROPOSED PROGRAM Address laws Address community /stakeholder input Meet RHNA goals Address previous program  HO-3.F Affordable Housing on Underutilized City Sites    HO-3.G Prohousing Designation    HO-4.A Anti-Displacement Actions    HO-4.B Fair Housing Information    HO-4.C Culturally Appropriate Outreach and Marketing    HO-4.D Actions to Address Homelessness    HO-4.E Inclusionary Housing Ordinance    HO-5.A Housing Rehabilitation for Low-and Moderate-Income Households   HO-5.B Provide Retrofit Information  11.Housing Element Draft Policy Document | May 2022 Page 11 -1 City of Rohnert Park Draft Housing Strategy: Goals, Policies, and Programs This Section contains the City’s Housing Plan for the 2023-2031 Housing Element planning period. State law recognizes the vital role local governments play in the supply and affordability of housing. Each local government in California is required to adopt a comprehensive, long-term general plan for the physical development of the city or county. In order to make adequate provision for the housing needs of all economic segments of the community, the Housing Element must do all of the following. Identify the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. Identify adequate sites which will be made available through appropriate zoning and development standards and with the public services and facilities needed to meet the needs of all income levels. This shall include rental housing, factory-built housing, mobile homes, emergency shelters, and transitional housing. Assist in the development of adequate housing to meet the needs of low and moderate income households. Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. Conserve and improve the condition of the existing affordable housing stock. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. Affirmatively further fair housing. The following goals, policies, and programs are designed to address the existing and projected housing needs of the City of Rohnert Park. Each program has one or more individuals, bodies, or agencies responsible for its implementation, along with a potential or committed funding source, and a schedule for its implementation during the 2023-2031 planning period. Goal New Housing Development Provide opportunities for housing development that accommodate projected growth, mitigate potential constraints, and facilitate mobility within the ownership and rental markets. Ensure adequate sites are available to meet local housing needs. (Source: Combined previous Goals HO-1 and parts of HO-8, amended to address new laws) Policies HO-1.1 Adequate Inventory of Residentially Zoned Land The City shall continue to provide an adequate supply of residentially zoned land at sufficient densities to accommodate its fair share of the existing and future housing needs. To accomplish this, the City shall maintain a sufficient inventory of sites suitably zoned for housing Attachment 2 Draft Policy Document Page 11-2 Public Review Draft Policy Document | May 2022 that can be added to the City’s Sites Inventory if and when an analysis provided through the Annual Progress Report indicates that sufficient sites may not exist to accommodate the City’s remaining RHNA, by income level, for the planning period. (Source: Previous Policy HO-1.1 amended to address SB 166) HO-1.2 Specific Plan and Annexation Assistance The City shall continue to facilitate residential development within new growth areas by assisting the preparation of specific plan and annexation applications. (Source: Previous Policy HO-1.2) HO-1.3 Adequate Infrastructure and Public Facilities for New Housing Development The City shall continue to ensure the adequate provision of streets, water, wastewater, solid waste, and parks. To do this, the City shall continue to require a Public Facilities Financing Plan for all new developing areas, ensure all necessary infrastructure and public facility improvements are constructed concurrently with the development, establish financing districts, and use subdivision agreements to finance adequate infrastructure, and work with regional agencies to ensure an adequate long-term water supply and wastewater disposal system. (Source: Combine Previous Policies HO-1.4 and HO-1.5 and Program HO-1.B) HO-1.4 Growth Management The City shall continue to review the Growth Management Program annually to ensure it does not pose a constraint to the City’s capacity to meet its RHNA targets. (Source: Previous Policy HO-1.6 and Previous Program HO-1.C) HO-1.5 Energy Efficiency and Renewable Energy Features The City shall continue to promote the use of energy efficiency features and renewable energy facilities in the design and construction of residential developments and shall continue to require the planting of trees as part of residential projects to provide cooling during the summer. (Source: Previous Policies HO-8.1 and HO-8.2) HO-1.6 Clear Development Standards and Approval Procedures. The City shall continue to maintain and administer clear development standards and approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters. New state regulations will require new procedures. (Source: Previous Policy HP-3.6) Programs No Net Loss of Residential Capacity to Accommodate RHNA (Source: New program, addresses SB 166 requirements) (a) To ensure sufficient residential capacity is maintained to accommodate the RHNA for each income category, staff will develop and implement a formal, ongoing (project-by- project) administrative evaluation procedure pursuant to Government Code Section 65863 within six months of adoption of the Housing Element. The evaluation procedure will track the number of extremely low-, very low-, low-, moderate-, and above moderate-income units constructed to calculate the remaining unmet RHNA. The evaluation procedure will also track the number of units built on the identified sites to 11. Housing Element Draft Policy Document | May 2022 Page 11 -3 determine the remaining site capacity, by income category, and will be updated as developments are approved. The Sites Inventory may be updated every year as the Annual Progress Report (APR) is completed, and the APR with the updated inventory will be available on the City’s website. Timing: Develop procedure within 6 months of Housing Element adoption (b) No project approval or other action that reduces the density or development capacity of a site shall be undertaken unless sufficient remaining sites are available or additional adequate sites are identified to meet the City’s RHNA obligation prior to approval of the development and made available within 180 days of approval of the development, as required by Senate Bill 166. Identification of the replacement sites, and the necessary actions to make the site(s) available will be adopted prior to or concurrent with the approval of the development. Timing: Ongoing, as projects are proposed on sites within inventory Responsibility: Development Services Funding Source: General Fund, Housing Fund Program HO-1.B Administrative List of Additional Sites (Source: New program, addresses SB 166 requirements) The City shall create and maintain a list of additional sites with appropriate zoning that could be added to the City’s Sites Inventory if and when an analysis provided through the Annual Progress Report indicates that sufficient sites may not exist to accommodate the City’s remaining RHNA, by income level, for the planning period. Timing: Create list by December 2023 Consider adding sites from list to inventory on an annual basis Responsibility: Development Services Funding Source: General Fund, Housing Fund Program HO-1.C Rezone to meet RHNA (Source: New program, addresses Government Code 65583.2) As part of the General Plan update, the City shall rezone sufficient sites in order to demonstrate an adequate inventory of sites to meet its Regional Housing Needs Assessment (RHNA) Allocations. These sites shall meet the standards set forth in Government Code Section 65583.2. Timing: Rezone sites within one year of adopting the Housing Element Responsibility: Development Services Funding Source: General Plan Maintenance Fee Fund Draft Policy Document Page 11-4 Public Review Draft Policy Document | May 2022 Program HO-1.D Streamline Development Process (Source: New program, addresses stakeholder feedback and potential governmental constraints) While the City’s processes generally support streamlined development review, the City shall implement the following actions to ensure compliance with state law. (a) Ensure the City has sufficient staff capacity to streamline development and implement Housing Element programs. Timing: 2024 (b) Develop a written SB 35 application process, including the pre-application and the procedure that would be used if the City becomes subject to SB 35 provisions. This process would provide a streamlined ministerial approval process to qualified residential and mixed-use development projects. The written procedures and checklists would be developed and made available on the City’s website. Timing: 2024 (c) Develop Objective Design and Development Standards for multi-family and mixed-use projects. Timing: 2024 Responsibility: Development Services Funding Source: General Fund Program HO-1.E Replacement Housing Program (Source: New program, addresses Government Code 65583.2(g)(3) requirements) 11. Housing Element Draft Policy Document | May 2022 Page 11 -5 The City will require replacement housing units subject to the requirements of Government Code Section 65915(c)(3) when any new development occurs on a site in the Sites Inventory if that site meets any of the following conditions: • Currently has residential uses or within the past five years has had residential uses that have been vacated or demolished; and • Was subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very-low income; or • Subject to any form of rent or price control through a public entity’s valid exercise of its police power; or • Occupied by low or very-low income households. Timing: Ongoing Responsibility: Development Services Funding Source: General Fund Goal Balance of Housing Types Provide a diversity of housing types that accommodate projected population and demographic changes and enable residents to remain in Rohnert Park throughout their lives. Policies HO-2.1 Housing Diversity The City shall continue to promote a diversity of housing types, including single-family detached and attached residences, mobile homes, multifamily rental and ownership units, second units, and units combined with non-residential uses. During the application and review process, the City shall continue to ensure that the projects provide for a diversity of housing types to address local housing needs, including senior housing, housing for persons with disabilities, and housing for extremely low-income households. (Source: Edited version of previous policies HO-2.1 and HO-2.2, addresses local needs) HO-2.2 Workforce Housing Locational Considerations The City shall encourage sustainably located residential and mixed-use development in order to enhance pedestrian access and reduce traffic. To do this, the City will provide additional development opportunities and incentives in locations where jobs and amenities are within pedestrian or transit access through the Workforce Housing Overlay. (Source: Previous Policy HP-2.5, edited for new program) Draft Policy Document Page 11-6 Public Review Draft Policy Document | May 2022 HO-2.3 Senior and Elderly Housing The City shall continue to assist in maintaining existing senior housing and in encouraging an increase in the supply of housing to meet the needs of seniors and the elderly, including housing that allows residents to age in place, particularly in areas that are accessible to public transit, commercial services, and health and community facilities. (Source: Previous Policies HO-5.7 and HO-5.8) Programs Program HO-2.A Accessible and Transparent Information (Source: Continuing program, addresses previous programs HO-3.C, new laws SB 319, AB 602, and stakeholder input) Timing: January 2024 Timing: 2025 Timing: Create summary by 2023 Update annually or as sites are developed Responsibility: Development Services Funding Source: General Fund, Housing Fund Program HO-2.B Outreach to Developers (Source: Continuing program, addresses previous programs HO- 5.C, HO-3.H, HO 3.I and stakeholder input) 11. Housing Element Draft Policy Document | May 2022 Page 11 -7 Timing: Annual Timing: Annual Timing: Review annually and update if needed Responsibility: Development Services Funding Source: Housing Fund Program HO-2.C Zoning for a Variety of Housing Types (Source: Continuing program, addresses previous policies HO-2.1, HO-2.2, HO-2.3, and Government Code 65583 and 65583.2 requirements) Timing: Review codes by Fall 2023 Draft Policy Document Page 11-8 Public Review Draft Policy Document | May 2022 Timing: June 2024 (c) The City will complete any legally permissible amendments to Specific Plans to ensure compliance with State laws related to transitional housing, supportive housing, group homes, Low Barrier Navigation Centers, and Accessory Dwelling Units. Timing: Amend remaining plans regulating land use by 2024 Responsibility: Development Services Funding Source: General Fund Program HO-2.D Incentivize and Promote ADU and JADU Development (New program, addresses Government Code 65583(c)(7) requirements, local needs and priorities and stakeholder input, and assists in accommodating regional housing needs) Timing: Review annually and update if needed Timing: Contact at least one regional organization by the end of 2023 to establish a partnership 11. Housing Element Draft Policy Document | May 2022 Page 11 -9 Share resources as they are available, at least twice annually. Publicize new ADU allowances to the public along with this outreach. Timing: Add JADU-specific materials to website by the end of 2023 Timing: December 2024 Timing: December 2024 Timing: Annually Timing: Review in 2026, if necessary, implement cost-reducing measures by 2027 Responsibility: Development Services Funding Source: General Fund, Rohnert Park Foundation, Housing Fund Program HO-2.E Workforce Housing Overlay (Source: New program, addresses local needs and priorities, and assists in accommodating regional housing needs) Draft Policy Document Page 11-10 Public Review Draft Policy Document | May 2022 Timing: December 2024 Responsibility: Development Services Funding Source: General Plan Maintenance Fee Fund Goal Provision of Affordable Housing Provide for the housing needs of all economic segments of existing and future residents, giving highest priority to lower income households and minimizing the impact of potential governmental constraints. Preserve the city's existing affordable housing stock and ensure the long-term affordability of new below-market rate units. (Source: Combined previous Goals HO-3 and HO-4) Policies HO-3.1 Efficient Use of City Resources The City shall make the maximum use of its available resources to address its housing needs, including for the provision of housing available to people experiencing homelessness and housing affordable to lower-income households. The City shall apply for regional, State, and Federal funding for affordable housing and provide documentation as needed in support of partner applications for regional, State and Federal financial assistance. (Source: Previous Policies HO-3.1 and HO-3.2, Program HO-3.A) HO-3.2 Inclusionary Housing The City shall continue to require below-market-rate housing to be included as part of residential ownership projects with over fifty units throughout the community, as required by the City's Inclusionary Housing Ordinance. The City shall review and amend its Inclusionary Housing Ordinance for rental developments in order to better address the needs of lower- income residents. (Source: Previous Policy HO-3.3, amended for local needs and new laws) 11. Housing Element Draft Policy Document | May 2022 Page 11-11 HO-3.3 Minimize Governmental Constraints The City shall strive to minimize governmental constraints on the provision of housing that is affordable to lower-income households and shall strive to ensure that its policies, regulations, and procedures do not add unnecessary costs to housing and do not act as an obstacle to new housing development. The City shall continue to facilitate the review of development applications, encourage pre-application meetings, and streamline the planning and building process for all residential development. (Source: Previous Policies HO-3.4, HO-3.5, and HO-3.7) HO-3.4 Support Development of Affordable Housing The City shall encourage the development of housing types that are affordable to lower- and moderate-income families, including to first-time homebuyers. (Source: Previous Policy HP-3.8 amended) HO-3.5 Preservation of Affordability The City shall strive to preserve the affordability of the city's existing housing stock by proactively contacting property owners . The City shall encourage and facilitate, to the extent possible, participation by property owners in Federal housing assistance programs that maintain affordability for very low- and low-income residents (Source: Previous Policies HO-4.1 and HO-4.3) HO-3.6 Long-Term Resale and Rent Affordability The City shall continue to impose resale or rent control requirements, for not less than 45 years for for-sale projects or 55 years for rental projects, on all units that are approved through the inclusionary housing program, receive City financial assistance, or State housing density bonuses to ensure that they remain affordable to the targeted income groups. (Source: Previous Policy HO-4.2) HO-3.7 Enforce Provisions for Mobile Homes The City shall continue to enforce provisions in its Municipal Code regulating the cessation of use, change of use, or conversion of use in mobile home parks and controlling mobile home space lease increases, and shall continue to provide staffing to the Mobile Home Rent Appeals Board. (Source: Previous Policies HO-4.4 and HO-4.5) HO-3.8 Condominium Conversions. The City shall ensure the conversion of rental housing to condominiums does not significantly reduce the rental housing supply through the implementation of a condominium conversion ordinance. (Source: Previous Policy HO-4.6) HO-3.9 Conversion to Affordability The City shall support efforts of non-profit organizations to convert market-rate housing into affordable housing. (Source: New policy to support new program) Programs Draft Policy Document Page 11-12 Public Review Draft Policy Document | May 2022 Timing: Outreach annually, beginning in 2024 or once program is available Responsibility: Development Services Funding Source: Housing Fund 11. Housing Element Draft Policy Document | May 2022 Page 11-13 Timing: Complete study by July 2024 Present recommendation by end of 2024 Responsibility: Development Services Funding Source: Housing Fund, General Plan Maintenance Fee Fund Timing: Establish JPA structure or join existing JPA by July 2023 Implement construction or acquisition projects through 2031 Responsibility: Development Services Funding Source: Housing Fund Timing: Ongoing Responsibility: Development Services Funding Source: Affordable Housing Fee Funds Draft Policy Document Page 11-14 Public Review Draft Policy Document | May 2022 Timing: Annual Timing: Annual Timing: Review annually. Contact at least three years before expiration of affordability covenants Timing: Annual Timing: Ongoing, as needed Responsibility: Development Services Funding Source: Housing Fund 11. Housing Element Draft Policy Document | May 2022 Page 11-15 Timing: 2025 Timing: Ongoing, review annually Responsibility: Development Services Funding Source: General Fund, Housing Fund Timing: Complete study by July 2023 Present recommendations by end of 2023 Responsibility: Development Services Funding Source: General Fund, Housing Fund, General Plan Maintenance Fee Fund Draft Policy Document Page 11-16 Public Review Draft Policy Document | May 2022 Goal Fair Housing Promote housing opportunities for all people, regardless of race, religion, disability, gender, marital status, ancestry, or national origin. Promote housing opportunities for Rohnert Park residents with special needs, including seniors and the elderly, persons with disabilities, single female- headed households with children, large households, farm workers, people experiencing homelessness and residents with extremely low incomes. (Source: Combined previous Goals HO-5 and HO-6) Polic ies HO-4.1 Affirmatively Further Fair Housing Affirmatively further fair housing by facilitating deliberate action to address and combat disparities, by fostering inclusive communities, and by undertaking only those actions that are consistent with the obligation to affirmatively further fair housing, in accordance with State law. (Source: New, added to address AB 686) HO-4.2 Distributed Affordable Housing The City shall continue to ensure that an over concentration of lower-income housing does not occur in any one neighborhood or area. (Source: Previous Policy HO-2.3) HO-4.3 Take Measures to Prevent Displacement The City shall take measures to avoid displacement of lower-income residents and shall strive to ensure affordable housing opportunities are included within planned development areas. (Source: Previous Policy HO-3.8, amended to address AB 686). HO-4.4 Social Equity The City shall encourage economic and racial integration, fair housing opportunity, and shall ensure compliance with fair housing laws and prohibit discriminatory housing practices. (Source: Previous Policy HO-6.2, amended to address AB 686) HO-4.5 Affordable Housing for Special Needs Groups. The City shall strive to ensure the provision of adequate and affordable housing for persons with special needs, including seniors and the elderly, persons with disabilities, single female- headed households with children, large households, farmworkers, people experiencing homelessness, and extremely low-income residents. The City will provide fee deferrals for affordable housing units, as required by law, in order to encourage developers to create more affordable units for lower-income households. (Source: Previous Policy HO-5.1 and 5.2, amended to address new laws) HO-4.6 Reasonable Accommodation The City shall continue to provide individuals with disabilities reasonable accommodation through flexibility in the application of land use, zoning, or building regulations, when necessary to eliminate barriers to housing opportunities. (Source: Previous Policy HO-5.3) 11. Housing Element Draft Policy Document | May 2022 Page 11-17 HO-4.7 Housing Accessibility The City shall strive to increase the stock of housing accessible to persons with disabilities, including physical, mental, and development disabilities, and require developers to strictly comply with HUD regulations and State Law concerning housing for persons with disabilities. The City shall support the efforts of advocacy groups to provide housing for disabled adults. (Source: Previous Policies HO-5.5 and HO-5.6) HO-4.8 Homeless Services The City shall strive to prevent homelessness and support efforts to provide interim and permanent housing options (including permanent supportive housing,) and shall maintain information regarding resources and services available to residents in need of shelter. (Source Previous Policies HO-5.9 and HO-5.10) Programs Anti-Displacement Actions (Source: New program, addresses AB 686 requirements, incorporates previous programs/policies HO-3.E and HO-4.6) Areas of the City are at increased risk of displacement. The City shall take measures to reduce the risk of displacement throughout the City, especially in areas of increased investment and development, through the following actions: (a) Consider a Condominium Conversion ordinance to limit the loss of rental housing stock. Timing: December 2024 (b) Continue to promote programs for housing stability and eviction prevention. Prepare a directory of trusted community partners willing to promote these programs. Utilize these partnerships to share resources in a culturally sensitive manner and incorporate place- based outreach. Timing: Prepare list by 2023 (c) When implementing Essential Housing Bond Financing Program prioritize areas subject to a higher likelihood of displacement, including properties surrounding the Central Rohnert Park Planned Development Area. Timing: Present recommendation by July 2023 Responsibility: Development Services Funding Source: General Fund Fair Housing Information (Source: Continuing program, includes previous programs HO- 6.A, HO-3.B, previous policies HO-6.3 and HO-6.4) The City shall take measures to provide and publicize information regarding fair housing programs, housing rights, and complaint procedures, including the following actions: Draft Policy Document Page 11-18 Public Review Draft Policy Document | May 2022 (a) Post information regarding local, State, and Federal fair housing programs in public places, including City Hall, the Community Center, and the Senior Center, and on the City’s Affordable Housing webpage. Include information about Fair Housing of Sonoma County to ensure residents with housing complaints can connect to the appropriate agencies and services. Timing: Review posted information annually and update postings and website if needed (b) Invite fair housing organizations, such as Sonoma County Legal Aid, to the annual housing fair (See Program HO-2.B) to share information and resources. Timing: Annual (c) Continue to maintain an inventory of existing affordable rental housing and affordable ownership opportunities and programs on the City website. Timing: Review inventory annually and update postings and website if needed Responsibility: Development Services Funding Source: Housing Fund Culturally Appropriate Outreach and Marketing (Source: New program, addresses AB 686 requirements and stakeholder input) Develop a program and process for affordable housing providers to conduct outreach to historically underrepresented populations, including people of color, when affordable housing programs are being marketed. Timing: July 2023 Responsibility: Development Services Funding Source: Housing Fund Actions to Address Homelessness (Source: Continuing program, addresses previous programs HO-5.C, HO-5.B, local needs and priorities) Continue current City actions to address homelessness, including the following actions: (a) Invest funding in outreach services and housing programs, such as interim housing, rapid rehousing, and permanent supportive housing. Utilize metrics-driven approach to ensure programs are performing according to their agreement with the City. Timing: Ongoing 11. Housing Element Draft Policy Document | May 2022 Page 11-19 (b) Continue facilitation of the Rohnert Park Homelessness Roundtable on a regular basis. Timing: Monthly or as needed (c) Support the construction, occupancy, and operation of local interim housing. Timing: Ongoing (d) Retain homeless services coordinator to manage and oversee City’s homeless services program. Timing: Ongoing (e) Support regional cooperation efforts to address homelessness, including providing technical assistance and support to City representatives serving on the Sonoma County Continuum of Care (CoC) Board and regularly attending and/or participating in CoC Board and subcommittee meetings. Timing: Ongoing (f) Explore additional innovative strategies and programs to better address and end homelessness. Timing: Present findings and/or make program recommendations to City Council annually Responsibility: Development Services Funding Source: Neighborhood Improvement and Workforce Housing Fund Inclusionary Housing Ordinance (Source: New program, addresses requirements of Government Code 65850.01 as amended by AB 1505) The City shall review its Inclusionary Housing Ordinance requirements for rental residential developments with the provisions of Government Code 65850.01 as amended by AB 1505 and amend if necessary to promote fair housing opportunity. The City will consider a variety of provisions for its Inclusionary Housing Ordinance, including allowances for alternative equivalents and units that are affordable by design. Timing: Review ordinance by December 2023 Recommend any necessary amendments to Planning Commission and City Council by December 2024 Responsibility: Development Services Funding Source: Affordable Housing Fee Funds, General Plan Maintenance Fee Fund Draft Policy Document Page 11-20 Public Review Draft Policy Document | May 2022 Goal Preservation and Improvement of Housing Stock and Residential Neighborhoods Preserve and improve the City’s existing housing stock and character and quality of residential neighborhoods. (Source: Combined previous Goals HO-7 and parts of HO-8) Policies HO-5.1 Existing Housing Stock Rehabilitation and Maintenance The city shall promote the ongoing maintenance of the existing housing stock and shall continue to partner with the Sonoma County Community Development Commission (CDC) to promote the CDC’s rehabilitation programs to lower- and moderate- income households, individuals with disabilities, seniors and the elderly, and advocacy groups that represent these special needs groups. (Source: Previous Policies HO-5.4 and HO-7.1) HO-5.2 Retrofitting Existing Structures. The City shall encourage homeowners and property owners of residential buildings to pursue retrofits to increase energy conservation and safety through incorporating energy efficient features, renewable energy generation facilities, and seismic safety retrofits. (Source: Previous Policies HO-8.3 and HO-7.3) HO-5.3 Promote Rehabilitation Programs The City shall encourage homeowners and property owners of residential buildings to pursue retrofits to increase energy conservation and safety through incorporating energy efficient features, renewable energy generation facilities, and seismic safety retrofits. (Source: Previous Policies HO-8.3 and HO-7.3) Programs Program HO-5.A Housing Rehabilitation for Low-and Moderate-Income Households (Source: Continuing program, Previous policies/programs HO-5.4 and HO-7.A) The City shall continue to partner with the Sonoma County Community Development Commission (CDC) on housing rehabilitation programs for low-and moderate-income households, including the following actions: (a) Update and distribute information about the CDC’s rehabilitation programs to individuals with disabilities, seniors and the elderly, and advocacy groups that represent these special needs groups. Timing: December 2025 11. Housing Element Draft Policy Document | May 2022 Page 11-21 (b) Provide and maintain information on rehabilitation programs, including the CDC rehabilitation program, on the City’s website. Timing: Ongoing Responsibility: Development Services Funding Source: General Fund (c) Pursue grant opportunities to create a residential rehabilitation program for lower income residents. Work with the Community Development Commission to apply for HOME, CalHome, and CDBG funds, as well as promote Section 504 Home Repair Program loans and grants to provide housing rehabilitation loans and weatherization services for income-eligible households to improve living conditions. Timing: Review of grant funding opportunities annually Program HO-5.B Provide Retrofit Information (Source: Continuing program, Previous policies HO-7.B through 7.D) The City shall provide information to residents and property owners regarding benefits of and opportunities for residential retrofits for safety and energy efficiency, including the following actions: (a) Maintain information on the City website regarding resources, financing, and guidelines for seismic safety retrofitting. Timing: Ongoing (b) Through implementation of the Climate Change Element, provide information related to energy efficiency retrofits Timing: Ongoing Responsibility: Development Services Funding Source: General Fund Draft Policy Document Page 11-22 Public Review Draft Policy Document | May 2022 Quantified Objectives One of the requirements of State law (California Government Code Section 65583(b)) is that the Housing Element contain quantified objectives for the maintenance, preservation, improvement, and development of housing. The quantified objectives set a goal for Rohnert Park to achieve based on needs, resources, and constraints. State law recognizes that the total housing needs identified by a community may exceed available resources and the community’s ability to satisfy this need. Under these circumstances the quantified objectives need not be, and are not intended to be, identical to the total housing needs. The quantified objectives shown in Table 11-1 represent goals. They are estimates based on past experience, anticipated funding levels, and anticipated housing market conditions. The quantified objectives are not designed to be minimum requirements. Rather they are based largely upon implementation programs that have measurable outcomes. However, the Housing Element contains several policies and implementation programs that reduce barriers and create opportunities for affordable housing. These policies and programs are essential in meeting the City’s housing needs but are more qualitative in nature and are difficult to quantify. Summary of Quantified Objectives City of Rohnert Park, 2023-2031 Program Types Extremely Low- Income Very Low- Income Low- Income Moderate- Income Above Moderate- Income New Construction 215 163 204 139 2,491 Conversion to Affordable 50 100 75 75 0 Preservation of Affordability 0 8 80 0 0 Rehabilitation 50 100 75 75 0 Total 265 370 416 280 2,491 Source: City of Rohnert Park, 2022. ITEM NO. 7.E. 1 Meeting Date: May 24, 2022 Department Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Public Hearing - Consider Adoption of a Resolution Approving the Issuance by the Independent Cities Finance Authority of Tax-Exempt Mobile Home Park Revenue Refunding Bonds and Taxable Mobile Home Park Revenue Refunding Bonds in an Aggregate Principal Amount Not to Exceed $25,000,000 for the Refinancing of Rancho Feliz Mobile Home Park and Las Casitas de Sonoma Mobile Home Park RECOMMENDED ACTION: Conduct a Public Hearing and consider adoption of a resolution approving the issuance by the Independent Cities Finance Authority of tax-exempt Mobile Home Park Revenue Refunding Bonds and taxable Mobile Home Park Revenue Refunding Bonds in an aggregate principal amount not to exceed $25,000,000 for the refinancing of Rancho Feliz Mobile Home Park and Las Casitas de Sonoma Mobile Home Park. BACKGROUND: The Independent Cities Finance Authority (Authority) is a Joint Powers Authority formed for the purpose of assisting its Members and Associate Members in the raising capital to finance the capital improvement needs associated with the provision of affordable housing. The City is an Associate Member of the Authority and in that role has facilitated the use of the Authority’s financing vehicles for acquisition and improvements of two mobile home parks in Rohnert Park, the Rancho Feliz Mobile Home Park on Redwood Drive and the Las Casitas de Sonoma Mobile Home Park on Bridgette Drive. Both Mobile Home Parks are owned and operated by Millennium Housing, LLC (Owner). The Owner currently pays debt service on the Authority’s bonds from the proceeds of rent collected in the two mobile home parks. The Owner and Authority have identified an opportunity to refund the current bonds at more favorable interest rates, which will allow more capital to be invested in operating in maintaining the mobile home parks. The City must consent to the issuance of the refunding bonds. On March 22, 2022, the City Council approved a resolution consenting to the issuance of $25,000,000 in taxable mobile home park revenue refunding bonds. Unfortunately changes in market conditions have made the issuance of only taxable bonds unfeasible. The Owner is now requesting the City broaden its consent to include tax-exempt bonds. ANALYSIS: The proposed refunding bonds will be issued in an amount not to exceed $25,000,000. The refunding bonds will carry a lower interest rate than the current bonds, in part because of their tax Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.E. 2 exempt status, and the bond proceeds will be utilized to pay off existing principal and make investments in the mobile home parks. The bonds are the obligation of the Authority and the City will not incur any financial obligation as a result of consenting to this refunding. The rental income from the mobile home parks will form the security for the bonds. Because mobile home park rents in Rohnert Park are controlled by the City’s Mobile Home Ordinance (Rohnert Park Municipal Code Chapter 9.70), the proposed refunding and refinancing cannot result in increases in mobile home park rent. The transaction will merely allow the Owner to take advantage of favorable interest rates in order to invest more of the rent revenue in park operation and maintenance and less in paying interest. As similar transaction occurred in 2021, with the City’s consent. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The recommended action is consistent with Strategic Plan Goal C – Ensure Effective Delivery of Public Services. Reducing the long-term debt service costs of the non-profit mobile home park operator will allow the operator to devote more resources to operating and maintaining the parks. The recommended action is also consistent the City Council’s priority of providing housing at all levels. OPTIONS CONSIDERED: None. The refinancing has been requested by the mobile home park operator and will provide for lower debt service costs. FISCAL IMPACT/FUNDING SOURCE: The proposed action will have no fiscal impact on the City because the Mobile Home Park Revenue Refunding Bonds are not an obligation of the City. The proposed action is intended to have a positive fiscal impact for the residents of the mobile home parks because it will reduce the costs associated with long-term debt and allow more of the rent revenue to be used for operation and maintenance of the parks. The proposed action will not have an impact on mobile home park rents which are set in accordance with the City’s Mobile Home Ordinance (Rohnert Park Municipal Code Chapter 9.70). Code Compliance Approval Date: NA Department Head Approval Date: 04/29/2022 Finance Approval Date: NA City Attorney Approval Date: 04/29/2022 Assistant City Manager Approval Date: 05/11/2022 Attachments: 1. Resolution approving the issuance by the Independent Cities Finance Authority of tax- exempt Mobile Home Park Revenue Refunding Bonds and taxable Mobile Home Park Revenue Refunding Bonds in an aggregate principal amount not to exceed $25,000,000 for the refinancing of Rancho Feliz Mobile Home Park and Las Casitas de Sonoma Mobile Home Park. Resolution 2022-056 1 RESOLUTION NO. 2022-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING, SUBJECT TO THE TERMS AND CONDITIONS HEREIN SET FORTH, THE ISSUANCE BY THE INDEPENDENT CITIES FINANCE AUTHORITY OF TAX-EXEMPT MOBILE HOME PARK REVENUE REFUNDING BONDS AND TAXABLE MOBILE HOME PARK REVENUE REFUNDING BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE REFINANCING OF RANCHO FELIZ MOBILE HOME PARK AND LAS CASITAS DE SONOMA MOBILE HOME PARK, EACH LOCATED IN THE CITY OF ROHNERT PARK WHEREAS, certain cities of the State of California (collectively, the “Members”) have entered into a Joint Powers Agreement (the “Joint Powers Agreement”) establishing the Independent Cities Finance Authority (the “Authority”) and prescribing its purposes and powers, and providing, among other things, for associate members of the Authority (an “Associate Member”); and WHEREAS, the Authority has been formed for the purpose, among others, of assisting its Members and Associate Members in the raising of capital to finance the capital improvement needs of Local Agencies (as defined in the Joint Powers Agreement), to provide for home mortgage financing with respect to those Members or Associate Members that are either a city or a county of the State of California, to provide financing in connection with the improvement, construction, acquisition, creation, rehabilitation and preservation of affordable housing within the boundaries of the Members and Associate Members, and to provide financing in accordance with the provisions of applicable law in connection with other projects and programs that are in the public interest and which benefit Members and Associate Members, including making loans to tax-exempt organizations from the proceeds of mortgage revenue bonds to finance the acquisition of multifamily rental housing, including mobile home parks, under the provisions of Chapter 8 of Part 5 of Division 31 (commencing with Section 52100) of the Health and Safety Code (the “Act”); and WHEREAS, the City of Rohnert Park (the “City”) is an Associate Member of the Authority; and WHEREAS, the Authority proposes to issue its (i) Mobile Home Park Revenue Refunding Bonds (Rancho Feliz and Las Casitas de Sonoma) (the “Tax-Exempt Bonds”) and (ii) Mobile Home Park Revenue Refunding Bonds (Rancho Feliz and Las Casitas de Sonoma) (Federally Taxable) (the “Taxable Bonds”, and together with the Tax-Exempt Bonds, the “Bonds”), each in one or more series; and WHEREAS, Millennium Housing, LLC, a California limited liability company (the “Owner”), has requested that the Authority issue and sell the Bonds in an aggregate principal amount of not to exceed $25,000,000; and Resolution 2022-056 2 WHEREAS, the proceeds from the sale of the Bonds, if any are issued, are intended to be used to make a loan to Owner, or a related party, to be used, along with other funds available to the Owner, (i) to refund the Authority’s Mobile Home Park Revenue Refunding Bonds (Rancho Feliz and Las Casitas de Sonoma) Series 2012 (the “Refunded Bonds”), (ii) finance additional renovations to be made to the (a) mobile home park with approximately 126 spaces known as Las Casitas de Sonoma Mobile Home Park located in the City at 7545 Bridgit Drive and (b) mobile home park with approximately 297 spaces known as Rancho Feliz Mobile Home Park located in the City at 6607 Redwood Drive (together, the “Projects”); (iii) finance other charitable purposes of the Owner as allowed under the Act; and (iv) finance certain costs of issuing the Bonds; and WHEREAS, the Owner is the owner and operator of the Projects; and WHEREAS, the City has determined that the operation of the Projects by the Owner provides affordable housing for low and very low-income residents residing in the City; and WHEREAS, the Tax-Exempt Bonds will be qualified “private activity bonds” for purposes of the Internal Revenue Code of 1986 (the “Code”); and WHEREAS, pursuant to Section 147(f) of the Code, the proposed issuance of private activity bonds is required to be approved by the “applicable elected representative” of the governmental units having jurisdiction over the areas in which the Projects are located, after a public hearing held after reasonable public notice; and WHEREAS, the members of the City Council are the applicable elected representatives of the City having jurisdiction over the area in which the Projects are located; and WHEREAS, such public hearing was conducted on the date hereof by the City Council at which time an opportunity was provided to interested parties to be heard with respect to the proposed issuance of the Tax-Exempt Bonds and the Projects; and WHEREAS, it is intended that this resolution shall constitute the approval of the proposed issuance of the Tax-Exempt Bonds required by Section 147(f) of the Code; and WHEREAS, the Projects are required to be occupied in part by persons of low and very low income in accordance with California laws and the requirements of the Code; and WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Rohnert Park approves as follows: Resolution 2022-056 3 Section 1. The City Council approves the issuance of the Bonds by the Authority solely to satisfy the requirements of the Joint Powers Agreement, as the elected representatives of the governmental unit having jurisdiction over the area in which the Projects are located. Section 2. The issuance and delivery of the Bonds shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority. It is the purpose and intent of this City Council that this resolution constitutes approval of issuance of the Bonds for the purposes of Section 147(f) of the Code. Section 3. The City shall have no responsibility or liability whatsoever with respect to the Bonds or the Projects. The payment of the principal, prepayment premium, if any, and purchase price of and interest on the Bonds shall be solely the responsibility of Owner. The Bonds shall not constitute a debt or obligation of the City. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Projects or to provide any refinancing of the Projects; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition or operation of the Projects; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 4. The City Manager, the City Attorney or their designees are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 5. This Resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank] Resolution 2022-056 4 PASSED, APPROVED AND ADOPTED this 24th day of May, 2022. CITY OF ROHNERT PARK _________________________________ Jackie Elward, Mayor ATTEST: __________________________________ Sylvia Lopez Cuevas, City Clerk GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________ STAFFORD: _________ LINARES: _________ ELWARD: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF ROHNERT PARK A public hearing will be held before the City Council of the City of Rohnert Park on Tuesday, May 24, 2022 at or after 5:00 p.m. in the Council Chambers located at 130 Avram Avenue, Rohnert Park, California 94928, to consider the proposed issuance by the Independent Cities Finance Authority (the “Authority”) of its mobile home park revenue refunding tax- exempt bonds in one or more series in the aggregate principal amount of not to exceed $25,000,000 (consisting of up to $25,000,000 allocated to the Rancho Feliz Mobile Home Park and up to $25,000,000 allocated to the Las Casitas de Sonoma Mobile Home Park, each park as further described herein and each allocation made at the discretion of the park owner, but in no event to exceed $25,000,000 in the aggregate) (the “Authority Bonds”) pursuant to Chapter 8 of Part 5 of Division 31 of the California Health and Safety Code. Certain requirements of the City to its approval of such issuance are set forth in a draft Resolution of the City Council of the City, a copy of which is on file with the City Clerk as a public record and is available for public inspection. Any approval shall be subject to the provisions set forth in such Resolution. Interested individuals may attend and participate in the public hearing in person. The proceeds from the sale of the Authority Bonds, if any are issued, are intended to be used to make a loan to Millennium Housing, LLC, a California limited liability company, or a related party (the “Borrower”), to be used, along with other funds available to the Borrower, to (i) refund certain revenue bonds previously issued by the Authority, the proceeds of which were loaned to the Borrower to finance the acquisition and renovation of (a) a mobile home park with approximately 126 spaces known as Las Casitas de Sonoma Mobile Home Park located in the City at 7545 Bridgit Drive and (b) a mobile home park with approximately 297 spaces known as Rancho Feliz Mobile Home Park located in the City at 6607 Redwood Drive (together, the “Projects”); (ii) finance additional renovations to the Projects; (iii) finance other charitable purposes of the Borrower; and (iv) finance certain costs of issuing the Bonds. The Borrower will be the owner and operator of the Projects. This public notice is intended to comply with public notice requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. The Projects are required to be occupied in part by persons of low and very low income in accordance with California laws and the requirements of Section 145 of the Internal Revenue Code of 1986, as amended. If you challenge the final decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Rohnert Park at, or prior to, the public hearing. Subject to exhaustion of administrative remedies, Code of Civil Procedure Section 1094.6 requires you to initiate such proceeding in court within 90 days of the final decision in this matter. Further information on this matter may be obtained by calling the Mary Grace Pawson, Director of Development Services at (707) 588-2234 or by sending an email to mpawson@rpcity.org. Written comments may be submitted to the City Clerk of the City of Rohnert Park, at 130 Avram Avenue, Rohnert Park, California 94928 via mail or via email to 2 4854-7546-6266, v. 4 cityclerk@rpcity.org. Written comments may be submitted any time prior to the hearing. Any person may appear and comment at the hearing. Subsequent to the public hearing, the City Council will consider approving the issuance of the Authority Bonds. DATED: May 13, 2022 CITY OF ROHNERT PARK By:/s/ Sylvia Lopez Cuevas, City Clerk ITEM NO. 7.F. 1 Meeting Date: May 24, 2022 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Discussion and Direction Regarding Potential Health and Human Services Hub in Rohnert Park RECOMMENDED ACTION: Discuss and provide direction on a potential health and human services hub in Rohnert Park. BACKGROUND: Most health and human services in California are provided by counties, non-profit organizations, and health and hospital systems. Many of the services, particularly when delivered by counties directly or through non-profits, are largely funded by the Federal and state governments, supplemented by some local county funds. Cities typically have little or no role in funding or offering these services. Services are delivered in different ways, including: a. By the provider directly in the community, where the location of a ‘home office’ does not matter to those receiving the services. Examples include county social workers responding to allegations of adult or child abuse. b. By the provider at a centralized location. In Sonoma County, job training offered by the County is provided in this manner in Santa Rosa, as are a range of services at the Family Justice Center in Santa Rosa. c. By the provider in cities and/or outlying communities. This is a common model in Sonoma County, where non-profits and health centers deliver many services in numerous communities. This report and proposal addresses primarily the third category of services. Unfortunately, Rohnert Park is often overlooked when it comes to locating these services. For example, we were the last City in Sonoma County to have a health center, while some other cities had numerous health centers. This void in local services can be a barrier for residents to access services. The County – which funds many of these services with mostly Federal and state dollars – typically focuses on larger population centers (Santa Rosa and Petaluma) or areas more distant from Santa Rosa, such as the western part of the County and Sonoma. Rohnert Park does not have a robust non-profit that offers a wide range of these services, which makes it more challenging for the County to contract to deliver services here. Based on preliminary discussions, we have identified several organizations interested in offering their services in Rohnert Park, listed with the type of services that they might provide: Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7.F. 2 • Petaluma People Services Center (PPSC): Counseling/therapy and youth employment as new services, and possibly a navigator for iRIDE (ride sharing). PPSC is also interested in moving the SAFE program from the Senior Center to a location closer to Public Safety, which might allow them to offer other services at the Senior Center. They are tracking calls from Rohnert Park for their services to provide a better idea of what is most needed. • Child Parent Institute: Parenting classes, supervised visits of parents and their children, family/child therapy, training for providers, and parenting consultations. CPI has applied for a grant to provide a Family Resources Center at John Reed School with at least some of these services. They will likely know the results of their application by the end of the month. There may be potential to offer additional services at this site; we have not discussed this with the School District. • Social Advocates for Youth: Outreach and enrollment in services for youth and young adults experiencing homelessness. • Catholic Charities: Enrollment in services for adults experiencing homelessness. • Sonoma County Human Services Department: Eligibility applications for health insurance, CalWORKs (cash assistance and employment services), and CalFresh (formerly known as food stamps), and perhaps other services. Additionally, we would like to find a site for the United Way to offer its annual Earn It, Keep It, Save It program which provides free tax preparation services and promotes access to tax credits for low- income families. While we are not in a position to offer an extensive range of health and human services, the City owns the building at 6250 State Farm Drive. The building has approximately 6,300 square feet of space. Currently, we are using or plan to use a portion of the space for 10-12 City staff. That leaves a considerable amount of space available. PROPOSAL: Staff propose that we further explore creating a health and human services hub using available space at the 6250 State Farm Drive site. Our proposed business model is that the City provide the space and start-up funding. We envision a phased effort, starting with services that are easy to provide given the current lay out of offices and space in the building. We may need to provide some items such as furniture, or provide for some cubicles. Depending on the interest of providers and their funding sources, we might over time pursue additional phases that require more substantive changes to the building. The City might also provide funding for a receptionist/navigator function to help ensure those seeking services are directed to the right provider, and to conduct initial assessments of needs. Depending on the hours of operation, this might include one or two positions, likely through a contract with one of the non-profits to be located at the hub. A phased approach that is relatively inexpensive and easy to accomplish will give us experience and help us determine if a more robust effort is worthwhile. Additionally, we may be able to obtain outside grant funding for some of the one-time costs if we develop a case for bringing services to Rohnert Park based on our needs and the lack of services. The 6250 State Farm Drive site is a good location for a hub as it is close to the Rohnert Park Health Center, Library, and public transportation. ITEM NO. 7.F. 3 Attachment 1 provides a diagram showing the lay out of the building. It is possible that City staff might occupy one side (i.e., North side) and that a hub might occupy the other side. Council direction to move forward with this idea will allow us to explore these and other matters in more detail. We do not want to proceed with further efforts unless the Council is supportive. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This proposal loosely aligns with the Strategic Plan goal of providing quality public services, recognizing that the services to be offered are not typically provided by cities. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends exploring a phased approach to the creation of a health and human services hub in Rohnert Park, starting with services that can be readily provided. Staff also recommends budgeting $50,000 in FY 22-23 so that some funding is available for start-up costs if needed. 2. Alternative 1: Staff also considered other uses for the 6250 State Farm Drive building. We did not recommend other options because we believe that creating a hub at that location represents a highly cost-effective opportunity to bring additional services to our residents. 3. Alternative 2: Staff explored other options for space for a hub. No other sites offer the low costs and central location of the proposed site. FISCAL IMPACT/FUNDING SOURCE: Other than the use of staff time, there is no cost to exploring further the potential to use the 6250 State Farm Drive space as a health and human services hub. One-time costs of implementing services are uncertain. They depend in part on the ability (if any) of non-profits and the County to fund start-up costs, and on the range of services offered. For comparative purposes, when we built cubicles for about 12 staff to work on the Tyler HR and financial system at this location, the cost was about $40,000. Some of these cubicles remain at the building, while others are being used elsewhere. Painting and carpeting the building would cost between $150,000 - $200,000; we are not proposing this change. The Infrastructure Fund is a discretionary funding source for Capital Improvement Programs. Staff will include $50,000 for initial onetime costs from the Infrastructure Fund in the FY 22-23 budget if the Council provides direction to proceed. We will return to the Council should additional funds be needed. The Infrastructure Fund has $130,000 in unallocated fund balance available. The Infrastructure Fund currently funds the majority of building and park projects because it is a “flexible” fund and there are several needed projects with no other funding source. Staff is also finalizing a building condition assessment, which looks at all city-owned buildings and recommends projects to keep up (or catch up) with the preventative maintenance needed for each facility to keep it safe and usable for years to come. The draft building condition report indicates that there will be a need for more funding allocations into the buildings to achieve its recommendations. A very preliminary estimate of on-going costs is $170,000 year for up to two ‘navigators’ plus the additional but not yet estimated utility costs from additional use of the building. ITEM NO. 7.F. 4 Senior Code Compliance Officer Approval Date: N/A Department Head Approval Date: N/A Finance Approval Date: 5.8.2022 City Attorney Approval Date: N/A Assistant City Manager Approval Date: 5.17.22 Attachments: 1. Lay out of 6250 State Farm Drive Building North side of building suite South Side of building suite