HomeMy WebLinkAbout2007/01/23 City Council Resolution 2007-15A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
SONOMA COUNTY TRANSPORTATION AUTHORITY
REGARDING DISPOSITION OF REGIONAL TRAFFIC MITIGATION FUNDS
FROM THE UNIVERSITY DISTRICT SPECIFIC PLAN
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an agreement by and between the Sonoma County Transportation
Authority and the City of Rohnert Park, a municipal corporation, for regarding disposition of
regional traffic mitigation funds from the University District Specific Plan.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute this agreement in substantially similar form to the attached agreement for and on behalf
of the City of Rohnert Park subject to approval as to form by the City Attorney.
DULY AND REGULARLY ADOPTED this 23rd day of January, 2007.
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City Cler _A
aoRNERT PAe
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: NO STAFFORD: AYE VIDAK-MARTINEZ: AYE
AYES: (4) NO—ES: (1) — ABSENT: (0) ABSTAIN: (0)
JH-S:05-f
AGREEMENT FOR DISPOSITION OF REGIONAL TRAFFIC MITIGATION
FUNDS FROM THE UNIVERSITY DISTRICT SPECIFIC PLAN
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF ROHNERT PARK
This Agreement for Disposition of Regional Traffic Impact Funds from the University
District Project (hereinafter "Agreement ") is made and entered into as of February 5, 2007
( "Effective Date ") by and between the CITY OF ROHNERT PARK ( "CITY ") and the
SONOMA COUNTY TRANSPORTATION AUTHORITY ( "AUTHORITY ").
RECITALS
1. On July 25, 2006, CITY adopted Ordinance No. 761 approving a development
agreement ( "UDSP Development Agreement ") between CITY and University District LLC
and Vast Oak Properties L.P. ( "Developer ") for development of that certain property known
as the University District Specific Plan, which is described and depicted in Exhibit "A"
attached hereto ( "UDSP Project ").
2. The UDSP Project environmental impact report ( "UDSP EIR ") identified
regional traffic impacts that the Developer and CITY are unable to mitigate unilaterally
primarily because they are outside CITY's jurisdiction.
3. Section 4.02 of the UDSP Development Agreement (attached hereto as
Exhibit "B" and incorporated by reference herein) includes a provision requiring Developer
to pay to CITY $3,500 per market rate residential unit toward mitigating regional traffic
impacts ( "Impact Fees ") until such time as a regional traffic impact fee is established. After
establishment of such a regional traffic impact fee, Developer shall pay the regional traffic
impact fee in lieu of the $3,500 per unit. Under the UDSP Development Agreement, Impact
Fees are to be used exclusively for regional traffic improvements (projects located outside of
the Urban Growth Boundary of the City of Rohnert Park) approved by CITY which mitigate
regional traffic impacts identified in the UDSP EIR ( "Regional Traffic Projects ").
4. Regional Traffic Projects eligible for funding under this Agreement may include
projects that will relieve traffic in the Penngrove area. Based upon the transportation and
traffic analysis in Section 3.11 of the UDSP EIR, the unincorporated Penngrove area will
experience a significant increase in the level of traffic congestion due to the UDSP
development. The AUTHORITY will establish a process to allocate Impact Fees to
Regional Traffic Projects in conjunction with Measure M sales tax funds and other available
funding sources.
5. Mitigation of the regional traffic impacts of the University District Specific Plan
through execution by CITY and AUTHORITY of this Agreement is a condition to approval
UDSP Regional Traffic Impact Funds Disposition Agreement
City of Rohnert Park
Page 1 of 7
by the Local Agency Formation Commission of the County of Sonoma of the University
District Specific Plan and the annexation of the area within the plan into CITY. In order to
assist CITY to meet this condition of approval, CITY has proposed that those Impact Fees
collected by Developer be transferred by CITY to AUTHORITY for use by AUTHORITY
to fund Regional Traffic Projects.
6. AUTHORITY warrants to CITY that AUTHORITY is capable of and
possesses the skill, experience, ability, background, certification, and knowledge to approve,
fund, and oversee the Regional Traffic Projects and to allocate the Impact Fees to such
projects only.
7. CITY wishes to transfer to AUTHORITY all Impact Fees collected from
Developer, and AUTHORITY is willing to accept such Impact Fees and to allocate those hnpact
Fees exclusively to Regional Traffic Projects, in compliance with Section 4.02 of the UDSP
Development Agreement.
8. AUTHORITY and CITY desire to enter into this Agreement to define a framework
to enable the two parties to work cooperatively in funding and managing Regional Traffic
Projects.
NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY
do hereby agree as follows:
SECTION I
CITY AGREES:
1. Payment of Regional Traffic Impact Funds. CITY shall, on an annual basis, transfer
all Impact Fees collected from Developer pursuant to Section 4.02 of the UDSP Development
Agreement (the "Regional Traffic Impact Funds ") to AUTHORITY for allocation to Regional
Traffic Projects.
2. Delegation of Authority. CITY hereby delegates to AUTHORITY its authority and
responsibility under Section 4.02 of the UDSP Development Agreement to approve Regional
Traffic Projects for the specific purpose of mitigating regional traffic impacts identified in the
UDSP EIR; provided, however, that AUTHORITY shall not approve any Regional Traffic
Project without first consulting with CITY as provided in Section II, Paragraph 1 below.
SECTION II
AUTHORITY AGREES:
1. Performance of Regional Traffic Projects. AUTHORITY shall be responsible for
approval of, and allocation of Regional Traffic Impact Funds to, Regional Traffic Projects to be
implemented by eligible public entities. AUTHORITY shall consult with CITY prior to
UDSP Regional Traffic Impact Funds Disposition Agreement
City of Rohnert Park
Page 2 of 7
making any final decision to approve any Regional Traffic Project.
2. Allocation of Funds. AUTHORITY shall allocate the Regional Traffic Impact
Funds exclusively to those Regional Traffic Projects which serve the specific purpose of
mitigating regional traffic impacts as identified in the UDSP EIR. If CITY consents to
AUTHORITY's approval of a Regional Traffic Project during the consultation required by
Section II, Paragraph 1, it shall be conclusively presumed that such Regional Traffic Project
serves the specific purpose of mitigating regional traffic impacts as identified in the UDSP EIR.
3. Segregation of Funds. AUTHORITY shall hold the Regional Traffic Impact Funds
in a separate, unique account and allocate interest earned on held funds to said account.
4. Return of Funds. AUTHORITY shall return to CITY any funds in the Regional
Traffic Impact Funds account that have not been committed in writing or expended by
AUTHORITY for the construction of the Regional Traffic Projects as of August 24, 2021.
5. Administrative Expenses. AUTHORITY shall charge reasonable administrative
expenses to the Regional Traffic Impact Funds account similar to those expenses incurred in
administering Measure M monies.
6. Reporting Requirements. AUTHORITY shall provide CITY with an annual
accounting of revenue, interest, and expenditures relating to the Regional Traffic Impact Funds.
7. . Compliance with Laws. With regard to the Regional Traffic Projects,
AUTHORITY shall at all times use reasonable care to comply with all applicable laws of the
United States, the State of California, the County, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory agencies, now in
force and as they may be enacted, issued, or amended during the term of this Agreement.
Notwithstanding the foregoing, CITY recognizes and understands that legal challenges to the
Regional Traffic Projects may occur, and CITY agrees that AUTHORITY shall not be deemed
to have breached the provisions, of this Paragraph solely because a legal challenge to a Regional
Traffic Project is successful.
8. Records. For the duration of the Agreement, and for five (5) years following the
discharge of this Agreement, AUTHORITY shall make available to CITY all records relating to
the performance of this Agreement.
SECTION III
IT IS MUTUALLY AGREED:
1. Term. This Agreement will remain in effect until discharged as provided in
Paragraph 2 or 12 of this Section III.
2. Discharge. This Agreement shall be subject to discharge as follows:
UDSP Regional Traffic Impact Funds Disposition Agreement
City of Rolmert Park
Page 3 of 7
a. This Agreement may be canceled by a party for breach of any material
obligation, covenant or condition hereof by the other party, upon notice to the breaching party.
With respect to any breach which is reasonably capable of being cured, the breaching party shall
have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching party
diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty
(60) days from the date of the initial notice, unless a further extension is granted by the non -
breaching party. On cancellation, the non - breaching party retains the same rights as a party
exercising its right to terminate under the provisions of Paragraph 2(b) below, except that the
canceling party also retains any remedy for breach of the whole contract or any unperformed
balance. If the Agreement is canceled by CITY because AUTHORITY has failed to meet the
requirements to use the Regional Traffic Impact Funds towards regional traffic impacts identified
in the UDSP EIR, CITY may, at its option, demand repayment of all unexpended and
uncommitted funds and funds determined by audit not to have been expended or committed as
provided for in this Agreement, with interest accrued thereon.
b. By mutual consent of both parties, this Agreement may be terminated at any
time. Upon termination by mutual consent, AUTHORITY shall repay to CITY any unexpended
and uncommitted funds originally provided to AUTHORITY under this Agreement, and any
interest that has accrued thereon.
C. Notwithstanding anything in this Section III, Paragraph 2 to the contrary,
CITY may not discharge, cancel, or tenminate this Agreement if AUTHORITY has entered into
an agreement with any third party for the funding and implementation of any Regional Traffic
Project to be funded, in whole or in part, by Regional Traffic Impact Funds provided or to be
provided by CITY under this Agreement, and the discharge, cancellation, or termination would
preclude AUTHORITY from fully performing its duties and obligations under the third -party
agreement, unless such discharge, cancellation, or termination is due to AUTHORITY's breach
of any uncured, material obligation, covenant, or condition hereof, in which event CITY may
discharge, cancel, or terminate this Agreement under the provisions of Section III, Paragraph 2(a)
notwithstanding any third party agreement.
3. Indemnity. Each party to this Agreement (the "Indemnifying Party ") agrees to
accept all responsibility for loss or damage to any person or entity, and to defend, indemnify,
hold harmless and release the other party (the "Indemnified Party ") (including the Indemnified
Party's supervisors, officers, agents, and employees) from and against any and all liabilities,
actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity,
including the Indemnifying Party, to the extent resulting from the Indemnifying Party's own
negligence or willful misconduct in connection with the performance of this Agreement, but
excluding liabilities, actions, claims, damages, disabilities, or expenses to the extent caused by or
due to the negligence or willful misconduct of the Indemnified Party. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for the parties hereto or their agents under workers' compensation
acts, disability benefit acts, or other employee benefit acts.
UDSP Regional Traffic Impact Funds Disposition Agreement
City of Rolmert Park
Page 4 of 7
4. Notices. Any notice which may be required under this Agreement shall be in
writing, shall be effective when received, and shall be given by personal service, or by certified
or registered mail, return receipt requested, to the addresses set forth below, or to such addresses
which may be specified in writing to the parties hereto.
To CITY: Darrin Jenkins
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
707 -588 -2200
daienkins(cr &city org
To AUTHORITY: Suzanne Smith
Executive Director
Sonoma County Transportation Authority
520 Mendocino Avenue, Suite 240
Santa Rosa, CA 95401
707 -565 -5373
suzsmith @sctainfo.org
5. Additional Acts and Documents. Each party agrees to do all such things and take all
such actions, and to make, execute and deliver such other documents and instruments, as shall be
reasonably requested to carry out the provisions, intent and purpose of the Agreement.
6. Integration. This Agreement represents the entire agreement of the parties with
respect to the subject matter hereof. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein, or in other
contemporaneous written agreements.
7. Amendment. This Agreement may not be changed, modified or rescinded except in
writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall
be void and of no effect.
8. Independent Agency. AUTHORITY renders its services under this Agreement as
an independent agency. None of the AUTHORITY's agents or employees shall be agents or
employees of the CITY.
9. Assignment. __ The Agreement may not be assigned, transferred, hypothecated, or
pledged by any party without the express written consent of the other party.
10. Successors. This Agreement shall be binding upon the successor(s), assignee(s) or
transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be
construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than
as provided above.
UDSP Regional Traffic Impact Funds Disposition Agreement
City of Rohnert Park
Page 5 of 7
11. Severability. Should any part of this Agreement be determined to be unenforceable,
invalid, or beyond the authority of either party to enter into or carry out, such determination shall
not affect the validity of the remainder of this Agreement, which shall continue in full force and
effect; provided that, the remainder of this Agreement can, absent the excised portion, be
reasonably interpreted to give effect to the intentions of the parties.
12. Survival. The covenants and obligations in Section II, Paragraphs 4, 6, and 8, and
indemnification in Section III, Paragraph 3 of this Agreement shall survive the discharge (by
cancellation or earlier termination) of this Agreement.
13. Limitation. All obligations of CITY to transfer funds under the terms of this
Agreement are expressly subject to CITY's continued authorization to collect and transfer the
Impact Fees provided by Developer. If for any reason CITY's right to collect or expend such
Impact Fees is terminated or suspended in whole or part, CITY shall promptly notify
Ai1THORITY, and the parties shall consult on a course of action. If, after twenty -five (25)
working days, a course of action is not agreed upon by the parties, this Agreement shall be
terminated.
[Signatures to Follow on Next Page]
UDSP Regional Traffic Impact Funds Disposition Agreement
City of Rohnert Park
Page 6 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date.
SONG A C NTY
CITY OF ROHNERT PARK TRANSPORTATION AUTHORITY
Vicki Vidak- Martinez, Mayor
Per Resolution No. 2007 ®15 adopted by the
City Council at is meeting of January 23; 2007
ATTEST:
By:
OVED
ehn,
STANCE:
Smith, Executive Director
APPROVED AS-TO LEGAL F(": APPROVED AS TO LEGAL FORM:
_ 1 �.., ,..,; ►:�►.l'J -
• /IrI ounsel
APR 1 E
CITY op
ROHNERT PARN
LJDSP Regional Traffic Impact Funds Disposition Agreement
City of Rohnert Park
Page 7 of 7
University District Specific Plan Regional Traffic Mitigation Funds Disposition Agreement
Between the SONOMA COUNTY TRANSPORTATION AUTHORITY
and CITY OF ROHNERT PARK
EXHIBIT A
DESCRIPTION AND DEPICTION OF UDSP PROPERTY
(For Staff Insertion)
Exhibit A UDSP Regional Traffic Funds Disposition Agreement
City of Rohnert Park
Page 1 of 1
982422v2A 80078/0016
Exhibit A
Description and Depiction of UDSP Property
Real proms in the unincorporated area of the county of Sonoma, State 'of CaGfat'nia, described
as fdfGws:
Parcel fine:
Lying in Rancho Cotad and being a portion of the lands of Henry Nimebauch Anderson as .
described in Book 864 of Official. Records at Page 194, being ft.re pariiccaiarty deSWI)ed as
hallows.
Beginning at a point on the Westerty property line of the lands of AnclersoN said point being the
Southeast comer of Parcel N of the lands of the City of Sonoma as de if ed in Book 2166 df
Official Records, at Page 300 said point Beats North 89° 23' 4t1°' East 190.01 f from a set iron
Ripe, thence leaving said One North 89° 23'40' East €69..2.29 feet to the NorthwfA clutter of the
parcel conveyed to the State of California by deW rea xxW March 28, 1967 In.B iok 2260 of
Official Reaxds, Page 173, Sonoma County Rends, thence ait7t1t31 the Weft Rw of salts fwcel
South 00 02'40' West 300 feet to a pant;_ thence North 89° 23'40' 95 feet try a paint;
thence South 00 02' 40" West 80 feet to a point; thence South 89° 23' 4W West 95 feet to a
point: thence South 00' 02' 40" West 514 feet to the South line of said Anderson p 4,, thence
We-,t along said South line 1592.29 feet to the Sou#west comet of said Anderson pal; thence
North 0° 02' 20" West 871.50 feet to the point of beginning.
.Parcel Two:
An easement for private and public road and Incidental purposes over the following described
parcel:
Beginning at a point which hats North 891 23' 40" East 95 feet dL*Unt (real the Ndttheast
comer of the above described parcel; thence North 89"' 23' 411" East €00 feet; thence South 00
02' 40" West 380 feet; thence South 89° 23` 40" West €00 feet to a pant; thence North 0* 02'
40" East 380 feet to the point of beginning.
APN; 047.131 -026 -000 and 047- 131 -027 -000
Exhibit A
Description and Depiction of UDSP Property
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Exhibit A
Description and Depiction of UDSP Property
Read property in the unincarporated area of the County of Sonoma, State of California, describiul
as foil:
1112Aii<4 V
Pavel One
Being a portion of that tract conveyed to Frank H. Denrtiao and George B. Murphy and David R.
Risk and Jam C� Risk, by Deed dated February 23, 1911 and recorded in Book 272 of Deeds,
page 200, Sonoma County ReCorcfs, and commencing at a strike marked 30 and 3 €, standing on
the South boundary of the lands conveyed to Denman and Murphy by said .Risk Brothers, from
which a stake marked "Risk" standing at the Southwest corner of said land bears Idlest 44.45
chains distant thence almV time South boundary of said lands East, 10.32 chains to a stake
.marked n and 33; thence North across said lances, at 19.15 chains a stake rrnaAed 32 and 33,
starui'aig on the South side of a road laid out across said lands of Denman and MiurOw, at 19.45
chairis to tfie center of said road; thence . along the center of said road South 890 30` West, €0.32
chains to a poW from which a stake marked all and 31 standing on the South side of said road
mars Soutb 30 links distant; thence South 19;35 chains to the point of beginning.
parcel -rW0
An easement 60 feet in width for general road and public utility Warposes, the centertine of which
is the same as the East line of the parcel of land conveyed to Janes T$sley by Deed recorded in
Book 2307 at page 590, Sonoma County Records.
AP14,. 045- 26:2 -001
TRACT TWO
Parcel One
13elN a portion of the tract conveyed to Frank H. Denman and Geo B. Murphy, by David R. Risk
and lames C:, disk icy need dated February 23, 1911 and recorded in Book 272 of Deeds, page
200, Sori ma County Records, and commencing at a stake marked 034, standing on the South
boundary of said lands and at the Nordieast cornier of Lands conveyed to Geo H. Anderson by
C;oW CompwW, by Deed recorded In (Soak 181 of Coeds, Rage 477, and Sonoma County
Records; tfiemeakxV said line West 10.26 chains to a stake marked 32 and 33; thence North
14.15 chains to a stake marked 32 and 33, standing on the South Fine of a 40 foot road laid out
across said lands of d=rank H Denman and Geo 8. Murphy, and along South line of lands of H.
Cotristock, at 19.45 claims to center of road; thence along center of same, Norkh 890 31Y East,
10.26 chains;: thence leaving said road South 30 Wks, a stake marked 34 and 35, standing on the
South side of said road, 19..57 chains the point of commencement:
Excepting therefrom any portion of said land lying Easterly of the agreed boundary line as
&scribed in that certain Boundary lane Agreement and Quitclaim Dead executed by and between
Nwth Bay Title Company and Cottonwood Enterprises recorded March 21, 1994 under Document
No. 1994 0037474 Sonoma County Reciards
Also excepting therefrom any (Mori of said Land lying Easterly of the agreed boundary line as
A-115 `American TEle
Exhibit A
Description and Depiction of UDSP Property
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University District Specific Plan Regional Traffic Mitigation Funds Disposition Agreement
Between the SONOMA COUNTY TRANSPORTATION AUTHORITY
and CITY OF ROHNERT PARK
EXHIBIT B
SECTION 4.02 OF UDSP DEVELOPMENT AGREEMENT
Section 4.02 Regional Traffic Improvement Fee.
Developer agrees to pay, at the time of issuance of a building permit for each
residential and /or commercial unit or building within the Project, any future regional traffic improvement
impact fee enacted by City (or by City, other area municipalities and /or the County of Sonoma) pursuant
to the Mitigation Fee Act (Govermnent Code Section 66000, et seq.) that is consistently applied on a
city -wide basis to all substantially similar types of development projects. If no regional traffic impact
fee has been enacted at the time of issuance of a building permit for such residential or commercial unit
or building, then Developer shall pay City, at the time of permit issuance, a fee ( "Regional Traffic Fee")
equal to Three Thousand Five Hundred Dollars ($3,500) for each market rate residential unit to mitigate
the regional traffic impacts of the Project. Developer shall be entitled to a credit against the Regional
Traffic Fee for Developer's actual out -of- pocket costs paid to unaffiliated third parties in connection with
Developer's construction and installation of City approved regional traffic improvements, if any. For
purposes of this Section 4.02, City approved regional traffic improvements shall include regional
roadway and traffic improvements that mitigate regional traffic impacts identified in the EIR, as selected
by City from time to time in its discretion. Roadway and traffic improvements included within the PFFP
or required by the Project Approvals or the MMRP, including the Rohnert Park Expressway and Keiser
Avenue improvements and various traffic signals on Petaluma Hill Road, shall not be considered City
approved regional traffic improvements for purposes of this Section 4.02. All Regional Traffic Fees paid
by Developer shall be held by City in a separate account and used exclusively for City approved regional
traffic improvements which mitigate regional traffic impacts identified in the EIR. If, within fifteen (15)
years of the Effective Date of this Agreement, such Regional Traffic Fees have not been committed in
writing or expended by City for the construction of regional traffic improvements that meet the criteria
set forth above, City shall return such unexpended and uncommitted Regional Traffic Fees to Developer.
In consideration of Developer's agreement to pay the Regional Traffic Fee
as provided in subsection 4.02A, above, City covenants that for the five (5) year period
commencing on the Effective Date and continuing until the fifth (5th) anniversary thereof, City
will not enter into any development agreement pursuant to the Development Agreement Statute
for any residential development within a Specific Plan area or for any other residential project
that includes 100 or more market rate dwelling units, unless such development agreement
contains a provision obligating the developer of such project to pay a regional traffic
improvement fee, the amount of which shall be determined by City in its reasonable discretion
based upon the project's regional traffic impacts, as identified in the applicable CEQA document
Exhibit B UDSP Regional Traffic Funds Disposition Agreement
City of Rohnert Park
Page 1 of 2
982422v2A 80078/0016
for the project. City's obligations under this subsection 4.0213 shall immediately terminate in the
event that City, by itself or in cooperation with other area municipalities, enacts a regional traffic
improvement impact fee pursuant to the Mitigation Fee Act.
Exhibit B UDSP Regional Traffic Impact Funds Disposition Agreement
City of Rohnert Park
Page 2 of 2
982422v2A 80078/0016