2014/10/14 City Council Resolution 2014-129RESOLUTION NO. 2014 -129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ESTABLISHING AND SETTING A SCHEDULE FOR THE WILFRED DOWDELL
PUBLIC SAFETY EQUIPMENT MITIGATION FEE AND FINDING ADOPTION OF
THE FEE EXEMPT FROM CEQA
WHEREAS, the General Plan of the City of Rohnert Park requires that new
development pay its proportionate share of the cost of capital improvements made necessary
by that new development; and
WHEREAS, the Final Environmental Impact Report (FEIR) for the Wilfred Dowdell
Specific Plan Area (SPA) included Mitigation 3.10 -2; and
WHEREAS, Mitigation 3.10 -2 requires that "The Project applicant shall provide funds for
the purchase of equipment needed to outfit the additional Public Safety Officer required as a
result of Project development. The amount shall be determined and agreed upon by the Chief of
Public Safety and the Finance Director of the City of Rohnert Park "; and
WHEREAS, Exhibit A, which is attached to this Resolution and incorporated by this
reference is a financial analysis that provides an accounting of the costs required to equip an
additional public safety officer and an allocation of those costs to the property within the Wilfred
Dowdell SPA; and
WHEREAS, the analysis included in Exhibit A has been reviewed and agreed upon by the
Chief of Public Safety and the Finance Director of the City of Rohnert Park as an accurate
reflection of the attributable costs; and
WHEREAS, notice of the public hearing before the City Council on this adoption of the
Wilfred Dowdell Public Safety Equipment Mitigation Fee was published twice in the
newspaper for at least ten (10) days pursuant to Government Code Section 6062(a) and was
mailed to interested persons who requested the information fourteen (14) days in advance;
WHEREAS, the analysis in Exhibit A was made available for public review for at least
fourteen (14) days prior to the public hearing on this Resolution;
WHEREAS, on October 14, 2014 the City Council of the City of Rohnert Park
conducted a duly noticed public hearing to receive and consider public comments on the staff
report and presentation regarding the establishment of the Wilfred Dowdell Public Safety
Equipment Mitigation Fee and the analysis included in Exhibit A; and
WHEREAS, the City Council hereby finds and determines as follows:
A. Exhibit A complies with California Government Code Section 66001 by establishing
the basis for imposition of fees on new development. In particular, Exhibit A
i. identifies the purpose of the fee;
ii. identifies the use to which the fee will be put;
iii. shows a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed;
iv. shows a reasonable relationship between the need for the mitigation
and the type of development project on which the fee is imposed because
the mitigation is required to accommodate the increased need for public
safety services generated by new development; and
v. shows a reasonable relationship between the amount of the fee and the
cost of the mitigation or portion of the mitigation attributable to the
development on which the fee is imposed because the proposed fees are
proportional to the new population generated by each type of
development.
B. The fees collected pursuant to this Resolution shall be used to finance the
mitigation described in the FEIR for the Wilfred Dowdell Specific Plan and
Exhibit A.
C. After considering the specific mitigation description and cost estimates identified
in Exhibit A, the City Council approves such descriptions and cost estimates, and
finds them reasonable as the basis for calculating and imposing the Wilfred
Dowdell Public Safety Equipment Mitigation Fee.
D. The mitigation and fee methodology identified in Exhibit A are consistent with the
City's General Plan, including recent updates to the General Plan, because it
implements the General Plan policy that requires that new development pay its
proportionate share of the cost of capital improvements made necessary by that new
development.
E. The Public Safety Equipment Mitigation Fee is categorically exempt from
environmental review pursuant to the California Environmental Quality Act
guidelines section 15061(b) (3). The intent of the Wilfred Dowdell Public Safety
Equipment Mitigation Fee is to provide one means of mitigating potential
environmental impacts which have been identified in environmental analyses of other
planning efforts, including the General Plan EIR. It is also statutorily exempt
pursuant to CEQA Guidelines Section 15273 which provides that CEQA does not
apply to the establishment or approval of rates, tolls, fares and other charges by public
agencies when they are for the purpose of meeting operating expenses and these fees
offset the city's costs of outfitting additional public safety officers to service the new
population in the Wilfred Dowdell Specific Plan Area.
(2 )
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorize and approve:
1. Establishment of Fee; Schedule. The Wilfred Dowdell Public Safety Equipment
Mitigation Fee for various parcels within the Specific Plan Area is hereby established and
set forth in Exhibit A. The parcels all have identical land use in the City's General Plan
including recent updates to the General Plan. In the future, the General Plan Land Use
Framework should be consulted as necessary to support accurate determination of fees.
2. Use of Fee. The funds generated by the imposition of the Wilfred Dowdell Public Safety
Equipment Mitigation Fee shall be solely used: (a) for the purposes described in Exhibit
A; (b) for reimbursing the City for the development's fair share of those costs already
incurred by the City as a result of the development; or (c) for reimbursing developers who
funded public safety equipment mitigation beyond that needed to mitigate the impacts of
the developers' project or projects. The Wilfred Dowdell Public Safety Equipment
Mitigation Fee shall be deposited, accounted for, and expended in accordance with
Government Code Section 66006 and all other applicable provisions of law.
3. Automatic Increase. The Wilfred Dowdell Public Safety Equipment Mitigation Fee
shall automatically increase on July 1 in each year hereafter in accordance with any
increases in the Engineering News Record Construction Cost Index for the San Francisco
Bay Area for the fiscal year ending on such July 1.
4. Fee Review. Annually, as part of the budget process, the City Manager shall review the
estimated cost of the described mitigation, the continued need for the mitigation and the
reasonable relationship between such need and the impacts of the various types of
development pending or anticipated and for which this fee is charged. The City Manager
shall report his or her findings to the City Council at a noticed public hearing and
recommend any adjustment to this fee or other action as may be needed.
5. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
attack, review, set aside, void or annul this resolution shall be brought within 120 days of
the date of adoption of this resolution.
6. Severability. If any provision or clause, or paragraph of this resolution or the imposition
of the Wilfred Dowdell Public Safety Equipment Mitigation Fee for any project with
Wilfred Dowdell Specific Plan Area or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions of
this resolution or other fees levied by this resolution which can be given effect without the
invalid provisions or application of fees, and to this end the provisions of the resolution
are declared to be severable.
7. Administration. The Wilfred Dowdell Public Safety Equipment Mitigation Fee shall be
administered in accordance with procedures outlined in Section 3.28 of the Rohnert Park
Municipal Code, except that the Wilfred Dowdell Public Safety Equipment Mitigation
(3 )
Fee shall be deposited in a dedicated account and shall not be comingled with the Public
Facilities Fee Fund.
Effective Date. Pursuant to Government Code 60017, this Resolution shall take effect
sixty (60) days after its adoption.
9. Recitals. The recitals to this Resolution are true and correct and material to the
adoption of this Resolution.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to this Resolution and the Wilfred Dowdell Public Safety
Equipment Mitigation Fee for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 14`h day of October, 2014.
19 _. € 2
CA L ATTEST: � - _ 24'0w
f , �rC �Cir 1oAnne M. ieierg
CITY OF ROHNERT PARK
Joscp] Callinan, Mayor
101XORTE: Pe6LkJ r N- 1ACKENZIi.: {a -JE STAF (){tI7: IN-1L A1IANaru- A' C CALLINAN: A4C
AYES: ( LA ) NOES: ( Q ) ABSENT: (j ) ABSTAIN: ( C) )
(4 )
Exhibit A
Wilfred Dowdell Public Safety Equipment Mitigation Fee Financial Analysis
Introduction and Purpose
The Environmental Impact Report (EIR) for the Wilfred Dowdell Specific Plan Area (SPA)
includes Mitigation Measure 3.10 -2 which reads:
"The Project applicant shall provide funds for the purchase of equipment needed to outfit the
additional Public Safety Officer required as a result of Project development. The amount shall
be determined and agreed upon by the Chief of Public Safety and the Finance Director of the
City of Rohnert Park. "
The mitigation applies across the Wilfred Dowdell SPA, which includes multiple parcels that
will develop and that will need to contribute their "fair share" of the cost of mitigation. The
purpose of this Exhibit is to demonstrate the methodology used to calculate the fair share of the
costs of the equipment needed to outfit an additional public safety officer and demonstrate that
these calculations meet the requirements of the Mitigation Fee Act (Government Code 66000 et.
seq.).
Definition and Cost of the Mitigation
The equipment necessary to outfit an additional public safety officer includes:
• Officer's vehicle which allows response to fire emergencies consistent with the City's
public safety practices,
• Officer's uniforms, and
• Officer's firearm.
The cost of this equipment is outlined in Table 1 below.
Table 1 - Public Safety Equipment and Costs (ENR CCI 10897.21)
Public Safety Officer's Equipment
_ .........
Cost
Vehicle
$ 40,000
Uniforms
$ 382
Duty Belts
$ 300
Turnouts
$ 3,000
Firearm
$ 400
Total
r $ 43,682
Administrative Allowance
The City actively administers its mitigation fee programs. Administrative activities include:
• Annual accounting and reporting as required by Act;
• Updating participating land uses based on development plans;
• Updating program costs based on inflation;
• Reviewing and updating fee allocation factors to reflect changes in property
configurations and zoning; and
• Updating the fee calculation exhibit and establishing new fees to reflect changes in costs,
land use and /or demographic changes.
Active administration of the program provides a benefit to new development by ensuring that the
charges are consistent, predictable, equitable and based on current understanding of costs and
land uses. Because administrative activity can vary from time to time, the City uses an
administrative allowance in order to budget for these activities. The City's allowance of 3% is
based on the 2005 AACE International Transactions'. These transactions document that the
"Program Management" costs for a wide range of water and wastewater programs, undertaken
over the 30 year period from 1973 to 2002, ran from a low of 1.5% to a high 9.7% with a
historical average of 3.2 %.2 The City's allowance is slightly lower than the documented
historical range for this type of cost.
Land Uses Supporting the Mitigation
The requirement to outfit a public safety officer is a localized mitigation required in the Wilfred
Dowdell SPA and all properties within the SPA must contribute to satisfying the mitigation. The
approved land uses within the Wilfred Dowdell SPA include 25.10 acres all designated for
regional commercial development on the City's land use diagram. Because the land uses are
identical, the impacts to public safety are also identical for each acre of property.
Cost Allocation Factors
Because the land uses are identical, the relative impacts to public safety services are proportional
to the acreage of any given parcel. Larger parcels will allow for more development, with more
impacts. Smaller parcels will result in smaller developments with fewer impacts. Because of the
uniformity of the land uses, costs can be equitably apportioned by acreage of parcel.
Fee Calculation
Table 2 illustrates the fee calculation for the Public Safety Equipment Mitigation Fee. Because
all property within the SPA is currently zoned for region commercial use, the fee per acre is
identical.
' AACE is the Association for the Advancement of Cost Engineering
2 "Controlling Non - Construction Costs ", Tables 2 and 3. Peter R. Bredeheoft Jr. 2005 AACE International Transactions.
Table 2 — Calculation of the Wilfred Dowdell Public Safety Equipment Mitigation Fee
Mitigation Cost
Administrative Allowance
Total Mitigation Cost
Mitigation Fee per Acre (1)
$ 43,682
$ 1,310
$ 44,992
$1,792.51
Assessor's Parcel
Number
Owner Name
Acres
Fee Per
Acre
Fee Per
Parcel
045 - 055 -007
por
Cobt LLC
3.49
$1,792.51
$ 6,255.86
045 - 055 -007
por
Cobt LLC
1.09
$1,792.51
$ 1,953.84
045 - 075 -001
Tesconi Properties LLC
2.511
$1,792.51
$ 4,499.20
045 - 075 -002
Amy's Kitchen Restaurant Holdings LLC
1.25
$1,792.51
$ 2,240.64
045 - 075 -003
Amy's Kitchen Restaurant Holdings LLC
1.25
$1,792.51
$ 2,240.64
045 - 075 -005
Sebastopol Co -Op LLC
5.06
$1,792.51
$ 9,070.10
045 - 075 -006
Sebastopol Co -Op LLC
5.08
$1,792.51
$ 9,105.95
045 - 075 -008
Thomas & Helen Roberts
3.78
$1,792.51
$ 6,775.69
045 - 075 -009
Thomas & Helen Roberts
1.26
$1,792.51
$ 2,258.56
045 - 075 -010
Thomas & Helen Roberts
0.16
$1,792.51
$ 286.80
045 - 075 -011
Amy's Kitchen Restaurant Holdings LLC
0.05
$1,792.51
$ 89.63
045 - 075 -012
Amy's Kitchen Restaurant Holdings LLC
1 0.121
$1,792.51
$ 215.10
Totes I
1 25.101
$44,992.00
Notes:
(1) Cost per are is the Total Cost /Total Acres
Nexus Findings for the Public Safety Equipment Mitigation Fee
Purpose of Fee: The Public Safety Equipment Mitigation Fee funds the outfitting of one public
safety officer in accordance with Mitigation 3.2 -10 of the Final Environmental impact Report for
the Wilfred Dowdell Specific Plan Area.
Use of Fee: Revenue from the fee will be used to purchase the equipment necessary to outfit one
public safety officer including a vehicle, uniforms and turnout and a fire arm.
Relationship between Use of Fee and Type of Development: The development of non-
residential land uses within the SPA will result in an increased population of workers and
customers and visitors. The City will use fee revenue to provide the equipment necessary to
support the provision of public safety services to new workers, customers and visitors.
Relationship between Need for Improvements and the Type of Development: The Wilfred
Dowdell SPA Final EIR determined that outfitting one public safety officer was necessary to
mitigate the impacts of the type of development in the SPA. The Final EIR and its mitigation
measure established the relationship between the need for improved public safety outfitting and
new development.
Relationship between Amount of Fee and Cost Attributed to Development upon which Fee Is
Imposed: Parcel size, in acreage, is used to measure the relative impact of new development.
This is appropriate because all parcels carry the same land use designation and can be expected
to develop in a relatively similar fashion. Hence the size of the parcel is a reasonable indicator of
its impact.
Summary
The Final EIR for the Wilfred Dowdell SPA determined that outfitting a public safety officer
was necessary to mitigate the impacts of new development within the SPA. The Wilfred Dowdell
Public Safety Equipment Mitigation Fee provides a mechanism to satisfy this mitigation.
Because all property within the Specific Plan Area carries the same designation on the City's
land use map, it can be expected to develop in a similar fashion and cause similar impacts. This
allows the cost of mitigation to be allocated by gross acre of property since impacts will be
proportional to the size of property.
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