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2025/10/14 City Council Resolution 2025-075 RESOLUTION NO. 2025-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE FIRST AMENDMENT TO THE MEASURE H FUNDING AGREEMENT BETWEEN THE COUNTY OF SONOMA AND CITY OF ROHNERT PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME WHEREAS, on March 5, 2024, the voters of the County of Sonoma("County") approved Measure H, the Improved and Enhanced Local Fire Protection, Paramedic Services and Disaster Response Initiative, which added Article VIII to Chapter 12 of the County Code ("County Ordinance"); and WHEREAS, the County Ordinance enacts a retail transactions and use tax in the County at the rate of one half of a cent per dollar($0.005); and WHEREAS,the operative date for the retail transactions and use tax is October 1, 2024; and WHEREAS, the County Ordinance allocates five and one half percent (5.5%) of the retail transactions and use tax collected in the County to the City of Rohnert Park("City"); and WHEREAS,tax monies received under the County Ordinance may be used only to improve and enhance fire-related services,which include,but are not limited to, wildfire prevention, preparedness, emergency response, and vegetation management; recruitment and retention of local firefighters; updates to essential equipment and facilities; transfer of funds among designated local agencies or entities; implementation costs; and countywide expenditures; and WHEREAS,tax monies received under the County Ordinance may not be used to supplant the City's historical general fund contribution for providing fire related services; and WHEREAS, the County Ordinance requires, among other things, that the County enter into funding agreements with eligible recipient agencies, including the City, to ensure consistency in distributing funds, reporting, overseeing the use of funds, and administering the County Ordinance; and WHEREAS, the City approved the Measure H Funding Agreement on January 28, 2025; and WHEREAS, the County approved the Measure H Funding Agreement on February 11, 2025; and WHEREAS, section 4 and section 5 of the Measure H Funding Agreement, attached hereto as Exhibit"A" and incorporated herein by this reference, signaled the City and County's intent to amend at a later date to incorporate information related to baseline maintenance of effort and baseline personnel funding; and WHEREAS, the City and County intend to amend the Measure H Funding Agreement. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City that it does hereby approve the First Amendment to the Measure H Funding Agreement with the County, in substantially similar form as attached hereto as Exhibit"B." BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the same for and on behalf of the City. DULY AND REGULARLY ADOPTED this 14th day of October, 2025. CITY OF ' a ERT PARK Ger., d 'idi - 'f '-or ATTEST: l -( .L Elizabeth Machado, Assistant City Clerk .. 1 APOVDAS T4JI.M: �„ t i n U(L ---..------\ MI e archetta Key n, City Attorney Attachments: Exhibit A, Measure H Funding Agreement Exhibit B, First Amendment to Measure H Funding Agreement ADAMS: Absertl- ELWARD: ,10_ RODRIGUEZ: ra..`e_ SANBORN: gtie GIUDICE: akte AYES: ( j ) NOES: ( 93 ) ABSENT: ( 1 ) ABSTAIN: (,20 ) Resolution 2025-075 Deputy County Administrator Deputy County Counse' 0(1 1-4 1 0& City of Rohnert Park Measure H funding agreement signed - original Final Audit Report 2025-02-20 Created:2025-02-18 By:Megan Linsenmeyer (Megan.Linsenmeyer@sonoma-county.org) Status:Signed Transaction ID:CBJCHBCAABAAvPcCdMvrYRSyTqSvNks42F2k_skZtGuk City of Rohnert Park Measure H funding agreement signed - ori ginal" History Document created by Megan Linsenmeyer (Megan.Linsenmeyer@sonoma-county.org) 2025-02-18 - 8:05:36 PM GMT- IP address: 209.77.204.154 Document emailed to Christina Rivera (Christina.rivera@sonoma-county.org) for signature 2025-02-18 - 8:11:23 PM GMT Email viewed by Christina Rivera (Christina.rivera@sonoma-county.org) 2025-02-18 - 8:11:40 PM GMT- IP address: 50.228.223.25 Document signing delegated to Christel Querijero (Christel.querijero@sonoma-county.org) by Christina Rivera Christina.rivera@sonoma-county.org) 2025-02-18 - 8:25:31 PM GMT- IP address: 50.228.223.25 Document emailed to Christel Querijero (Christel.querijero@sonoma-county.org) for signature 2025-02-18 - 8:25:31 PM GMT Email viewed by Christel Querijero (Christel.querijero@sonoma-county.org) 2025-02-19 - 3:48:34 PM GMT- IP address: 104.47.65.254 Document e-signed by Christel Querijero (Christel.querijero@sonoma-county.org) Signature Date: 2025-02-19 - 3:49:24 PM GMT - Time Source: server- IP address: 209.77.204.154 Document emailed to Kristin Horrell (Kristin.Horrell@sonoma-county.org) for signature 2025-02-19 - 3:49:25 PM GMT Email viewed by Kristin Horrell (Kristin.Horrell@sonoma-county.org) 2025-02-19 - 4:05:00 PM GMT- IP address: 104.47.64.254 Document e-signed by Kristin Horrell (Kristin.Horrell@sonoma-county.org) Signature Date: 2025-02-20 - 3:15:48 AM GMT - Time Source: server- IP address: 209.77.204.154 Agreement completed. 2025-02-20 - 3:15:48 AM GMT 1 FIRST AMENDMENT TO MEASURE H FUNDING AGREEMENT BETWEEN THE COUNTY OF SONOMA AND THE CITY OF ROHNERT PARK This Agreement is made and entered into as of _______________________ (“Effective Date”) by and between the County of Sonoma (“County”) and the City of Rohnert Park (“City”) (collectively, “Parties”). RECITALS WHEREAS, on March 5, 2024, the voters of Sonoma County approved Measure H, “The Improved and Enhanced Local Fire Protection, Paramedic Services and Disaster Response Transactions and Use Tax Ordinance”, which added Article VIII to Chapter 12 of the Sonoma County Code (“Ordinance”); and WHEREAS, the Ordinance provides funding to achieve effective and efficient regional fire response services throughout the County; and WHEREAS, the County is charged with a fiduciary duty in administrating the tax proceeds generated by the Ordinance and implementation of the Ordinance is the responsibility of an Oversight Committee which reports directly to the County Board of Supervisors; and WHEREAS, Section 12-61 of the Ordinance states: “The Expenditure Plan set forth in section 12-66 is intended as a specific and legally binding and enforceable limitation on how the proceeds of the transactions and use tax imposed by this Ordinance may be spent”; and WHEREAS, as part of the Ordinance Expenditure Plan, Section 12-66(D) provides allocation percentages for entities receiving funds generated by the Ordinance (“Recipients”); and WHEREAS, as part of independent Oversight Committee and performance audit, Section 12- 67(B) of the Ordinance requires Recipients to prepare and distribute to the Oversight Committee specific information in annual reports not later than December 31st of each year; and WHEREAS, as part of the oversight and administration of the Ordinance, Section 12-68(A) of the Ordinance requires a funding agreement between the County and Recipients before any tax proceeds are distributed; and WHEREAS, Section 12-65 of the Ordinance requires that Ordinance proceeds shall not be used to supplant the City’s historical proportional allocation to fire related services and establishes a baseline maintenance of effort requirement that shall not be violated; and WHEREAS, Section 12-68(A) of the Ordinance further requires that the funding agreement between the County and Recipients shall establish existing revenue used to fund existing personnel 2 in order to establish the baseline for measuring compliance with the requirement that sales tax proceeds generated by the Ordinance shall only be used to pay for additional personnel; and WHEREAS, the County and Recipients desire to have a uniform agreement to ensure consistency in distribution, reporting, oversight, and administration of the funds generated by the Ordinance; and WHEREAS, the City approved the Measure H Funding Agreement on January 28, 2025; and WHEREAS, the County approved the Measure H Funding Agreement on February 11, 2025; and WHEREAS, section 4 and section 5 of the Measure H Funding Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, signaled the City and County’s intent to amend at a later date to incorporate information related to baseline maintenance of effort and baseline personnel funding; and WHEREAS, the City and County intend to amend the Measure H Funding Agreement. NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows: 1. Incorporation of Recitals. The recitals above are true and correct and incorporated herein by reference. 2. Incorporation of the Measure H Funding Agreement. The Measure H Funding Agreement previously entered into by the Parties attached hereto as Exhibit “A” is incorporated herein by reference. The Parties agree to comply with the purpose, intent, use of fund limitations and specific implementation provisions of the Ordinance, which became operative October 1, 2024. 3. Amendment to section 4 of the Measure H Funding Agreement. Section 4 of the Measure H Funding Agreement is repealed in its entirety and restated as follows: 4. Baseline maintenance of effort. As provided in Section 12-65, Ordinance proceeds shall not be used to supplant the City’s historical general fund contribution for providing fire related services. The proportional allocation to determine maintenance of effort is the City’s baseline operating budget for Fiscal Year 2021-2022, which includes ad valorem property taxes, parcel taxes or any other taxes and/or fees in support of the operating cost for providing fire related services, but excludes limited term funds such as capital projects, grants, grant matches or other one-time revenues, will be reported on the City’s Annual Report in Exhibit A. The City’s baseline operating budget for Fiscal Year 2021-2022, which sets forth the City’s proportional allocation is as follows: $2,866,326; 7.33%. 5. Amendment to section 5 of the Measure H Funding Agreement. Section 5 of the Measure H Funding Agreement is repealed in its entirety and restated as follows: 3 5. Baseline personnel funding. For the purposes of Section 12-68(A) of the Ordinance, as provided in the operating budget for Fiscal Year 2021-2022, the City’s annual existing revenues used to fund existing personnel in order to establish the baseline for measuring compliance with the requirement that sales tax proceeds shall only be used to pay for additional personnel will be reported on the City’s Annual Report in Exhibit A. The City’s baseline personnel funding for Fiscal Year 2021-2022 is as follows: 3,038,291. 6. Continuing Effect of the Measure H Funding Agreement. Distribution of Funds. Except as expressly amended, the Measure H Funding Agreement remains in full force and effect as originally executed. All rights and obligations of the Parties under the Measure H Funding Agreement that are not expressly amended by this First Amendment shall remain unchanged. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. COUNTY OF SONOMA CITY OF ROHNERT PARK By:____________________ By:________________________ Board of Supervisors, Chairperson Marcela Piedra, City Manager ATTEST: By:________________________ By:________________________ Clerk of the Board of Supervisors Sylvia Lopez Cuevas, City Clerk APPROVED AS TO LEGAL FORM FOR COUNTY: FOR CITY: _______________________ ____________________________ County Counsel Michelle Marchetta Kenyon, City Attorney 4 EXHIBIT A ANNUAL REPORT TO MEASURE H OVERSIGHT COMMITTEE Pursuant to the requirements of Sonoma County Code section 12-67(B), this is the annual report of the allocation of funds received by the reporting agency under the Sonoma County voter-approved Measure H, “The Improved and Enhanced Local Fire Protection, Paramedic Services and Disaster Response Transactions and Use Tax Ordinance” (“Ordinance”). Name of Agency receiving Measure H funds: _______________________________________ Reporting period: FY 24-25 (4/26/24 to 6/30/25 (with April-June proceeds received 9/10/25)) 1. Detail of the activities related to the Ordinance this reporting period, based on attached budget to actual report, balance sheet, and fund balance report. 2. Summary of the positions and start up, equipment and facilities that were funded with revenue from the Ordinance. 3. The specific activities that support fire prevention, including vegetation management. 4. Update on the status of facility capital improvement projects that are funded with revenue from the Ordinance. 5. Demonstration of compliance with the requirement that revenue from the Ordinance shall be used for enhancing operations. Proportional budget allocation for fire related services: FY 21-22 $2,866,326; FY 21-22 7.33%; this reporting period: $__________; ____%. Personnel expenditures: FY 21-22 $___________; this reporting period $___________. 6. Any material changes in service needs within the agency’s jurisdiction or countywide. 7. Any remaining funds from allocations provided in previous years, and an explanation for proposed use of such funds. 5 Required Attachments: Annual Budget Budget to Actual Report Balance Sheet Fund Balance Report Most recent annual audit and/or other independent financial review FY 21-22 budget documents showing baseline dollar figure for maintenance of effort and personnel expenditures.