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2015/06/23 City Council Agenda Packet Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 PHONE: (707) 588-2227FAX: (707) 794-9248WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, June 23, 2015 Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL -COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/RPFA agendas and minutes may be viewed at 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 t City of Rohnert Park in court, you may be limited to raising onl at public hearing(s) described in this agenda, or in written correspondence delivered Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Procedure Section 1094.5 may be had only if a petition is filed with the court no later than specified in Section 1094.6 of the California Code of Civil Proc within which the decision may be challenged to the 90th day follate that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § : Members of the City Council receive no additional compensation a meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on agenda items if unable to comment at the scheduled time (limi a 30 minute total time limit, or allocation of time determined bsiding Officer based on number of PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING speaker cards submitted). ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other co upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. City of Rohnert Park Joint Regular Meeting AgendaJune 23, 2015 for City Council/RPFA/CDC Successor Agency25 Page of 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING -CALL TO ORDER/ROLL CALL (Callinan __ Mackenzie__ Stafford __ Belforte __ Ahanotu __) PLEDGE OF ALLEGIANCE 2. 3.PRESENTATIONS A.Mayors Proclamation: Honoring Senior Engineering Technician, Rick Pedroncelli on the Occasion of his Retirement DEPARTMENT HEAD BRIEFING 4. A.Public Safety: Use Safe and Sane Fireworks or Risk Fines of $1,000 B.Announcement of Schedule for Town Hall Meeting  July 7, 2015 from 6-8pm at the Rohnert Park-Cotati Regional Library PUBLIC COMMENTS 5. Personswishing 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 on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 6.CONSENT CALENDAR All items on the Consent Calendar will be considered together by oneor moreaction(s) of the City Council and/or the Rohnert Park Financing AuthorityandSuccessor 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. A.Approval of Minutes for: 1.City Council/RPFA/Successor Agency Joint Special Meeting, June 15, 2015 2.City Council/RPFA/Successor Agency Joint RegularMeeting, June 9, 2015 B.Acceptance of Reports for: 1.City Bills/Demands for Payment dated June 23, 2015 2.Successor Agency to the CDC Bills/Demands for Payment dated June 23, 2015 3.RPFA  Cash Report for Month Ending May 2015 4.Housing Successor Agency- Cash Report for Month Ending May 2015 5.Successor Agency  Cash Report for Month Ending May 2015 6.City- Cash Report for Month Ending May 2015 C.City Council Resolutions for Adoption: 1. 2015-113Authorizing the Purchase of One (1) Jacobsen HR-9016T Wide Area Mower in the amount of $82,630.64 for the Public Works Department 2. 2015-114Authorizing the Purchase of Spay/Neuter/Adoption Van for an Amount not to Exceed $50,000.00 for the City of Rohnert Park Animal Shelter City of Rohnert Park Joint Regular Meeting AgendaJune 23, 2015 for City Council/RPFA/CDC Successor Agency35 Page of 3. 2015-115Authorizing and Approving a Paid Sick Leave Policy Pursuant to AB 1522 for Temporary, Part-Time and Seasonal Employees and Establishing the Accrual Method and the Minimum Sick Leave Usage Increment 4. 2015-116Authorizing and Approving a Public Improvement Agreement with University District LLC and Vast Oak Properties L.P. for the Vast Oak Property Phase 1 In-Tract Recycled Water System, In-Tract Joint Trench and Street Lighting System and Phase 1 Offsite Joint Trench and Street Lighting System and Finding this Project Covered by the Updated Final Environmental Impact Report for the University District Specific Plan Project as Amended 5. 2015-117Authorizing the Purchase of One (1) Altec AT37G Aerial Bucket Truck in the Amount of $99,758.55 for the Public Works Department and Authorizing the Finance Director to Appropriate Unanticipated Revenue 6. 2015-118Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation (Project Number 2013-01), Awarding the Construction Contract to Argonaut Constructors, and Finding the Project Exempt from CEQA 7. 2015-119Approving and Adopting an Employer-Employee Organization Relations Resolution for the City of Rohnert Park D.Authorizing the City Manager to Execute an Agreement with the Sonoma County Water Agency for Water Conservation Program Services in an Amoun-to- Exceed $80,000 Council motion/vote COMMITTEE / LIAISON / OTHER REPORTS 7. 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.COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communicationmay do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. MATTERS FROM/FOR COUNCIL 9. Prior to agenda publication, any Councilmember may place an item on this portion of the agenda.Uponthe concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action.In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his orher own activities or brief announcements regarding an event of community interest. City of Rohnert Park Joint Regular Meeting AgendaJune 23, 2015 for City Council/RPFA/CDC Successor Agency45 Page of 10.PUBLIC HEARING: (NO EARLIER THAN 6PM) Development Services Cost Recovery Annual Report A.Staff Report B. Conduct Public Hearing C.Council discussion/action 11.PUBLIC HEARING: (NO EARLIER THAN 6PM) Wilfred/Dowdell Specific Plan Reimbursement Fee Annual Report for FY 2014-15 and Fee Update A.Staff Report B. Conduct Public Hearing C. Resolution for Adoption: 1. 2015-120Updating the Wilfred/Dowdell Specific Plan Reimbursement Fee and Superseding Resolution No. 2014-074 a. Council motion/discussion/vote 12.PUBLIC COMMENTS Persons wishing to address the Council 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 on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. ADJOURNMENT 13. NOTE: Time shown for any particular matter on the agenda is an estimat considered earlier or later than the time indicated depending on you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum record.Any item raised by a member of the public which is not on the ag action shall be automatically referred to staff for investigation and disp on a future agenda. If the item is deemed to be an emergency or 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 Go thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other to assist you while attending this City Council meeting, please 588-2227 at least 72 hours prior to the meeting to ensure arrangemen Please notify the City Clerks Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: 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 inspecti located at 130 Avram Avenue, during regular business hours, Mond 5:00 pm. Any writings or documents subject to disclosure that arall, or a majority of all, of the members of the City Council regarding any item on this agend will also be made available for inspection at City Hall during r City of Rohnert Park Joint Regular Meeting AgendaJune 23, 2015 for City Council/RPFA/CDC Successor Agency55 Page of CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, dec June 23, 2015, Joint Regular Meeting of the Rohnert Park City Council/RPFA was June 18, 2015 at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, Calif www.rpcity.org also available on the City web site at , th Executed this 18 day of June, 2015 at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk ItemNo.3.A KXC-U-11 Distr. @ Mtg. Of:ti cc: cc: File: P110• i Nigh Speed Surface Transportation Systeas P. Q. Box 3871 Santa Koaa California 95403 Founded 1969 P.r � � a � THE UNINTENDED CONSEQUENCES OF UMTA, URBAN MASS TRANSIT ACT 1964 August 14, 1994 It is often said that the best intended plans of the political element of government are fraught with pot holes and lack the true understanding of the problem. This results in the inappro- priate political urge to "fix it" now! These rushes to judgment by'the political bodies in government. Who's intellectual capital of the technical subject matter and of true management ability brings about serious and often horren- dously destructive effects of unintended consequences. We have seen it for. more than twenty years with Urban Mass Transit Act of 1964. The first unintended consequence was the failure of the political body. i began egan with Congress and their fellow political bodies of State, County, Regional District and city level. Nobody made the provisions to adequately define the problems. We first see the political body providing an avenue for the bureaucracy to enter into the area of commerce and the business world. Such entry into the commercial and business world have had far reaching deleterious effects on the economy. It affected the local business community and just plain John Q. Citizen to provide adequate, applicable and affordable transportation to fit his economy and social requirement. The private sector has and is suffering because of these unintended consequences of UMTA. The unintended consequences of UMTA loosed the bureaucracy and the bureaucratic mind-set to enter and extensively control of the everyday level of peoples transportation requirements. This action by the bureaucratic mind have been and is nothing short of an economic and social disaster upon the private sector. it has spent all the resources on one mode using an antiquated system in deference to the five true modes of surface transporta- tion necessary to support the economy and social requirements of the private sector. This bureaucratic operation of the surface Transportation- systems. becomes an impediment to the Airborne and Sea-borne transportation systems. The economy and speial,fabric have been so strained by this f6 orm 1 World events have changed rapidly with little correct reaction from the State. The local political elements have not moved significantly to adjust policy to meet the changing conditions. The fall of the Berlin wall was the water mark of these world changes. The next major even was the folding of the Communist State in Russia. Russia was one of the two supper powers of the world under the past political and economic era of post WWII and the Cold War period of political policy and economic circumstance. The world had a need then for security consideration on a par with all. other economic, political and social conditions. An inordinate amount of treasure and resources were devoted to security con- cerns. These concerns and requirement have substantially dimin- 4- e e S 4- C,- P h ea A A n A I in -F 4- rip 1-% 4- S 4- e f undesd 4- in re payrti 4- 3 -1, - - - ­_ --- - ____ -- d L4 _L AA .Ltd � A� k� 11 i3 W J_ L+ I It no plan in the foreseeable future to pay off these debts. The cost of winding down the security oriented economy and policy continues to be near as much as the ongoing cost to maintain the security posture of the cold war era. The multiple prong problem of winding down the defense economy, with the long delayed infrastructure needs of the civil and commercial eras of the economy has no discernible direction. The finding of resources to pay the debt and its annual interest' Fund new capital resources for burgeoning private world market sector. The rebuilding and change-over of social-economic in- frastructures to come up to speed in the advancing open world trading economy and meet its ever increasing changes and new situations. All these factors have been at work in California and the degree of poor incompetent political leadership comes out of political. self-serving motives of government and its appendages. The bu- reaucracy grabs for dollars to maintain and extend it "turf" at the expense of the Governed and to the peril of the business person and his employee. Transportation is the most notable of the anomalies of this political course and the disastrous unintended consequences. 2 BART was sold on a bonding cost of 999 Million this was less than a third of the true cost of Three Billion Dollars. BART is by design of system, an 18th century system similar to that of James Watts original steam train system of 1769. That system was designed for the industrial revolution. It was and is a station to station cyclic system which fit the economy and social order that was economy spawned by the industrial revolu- tion. The rate of development allowed this system to serve effi- ciently until the age of the requirement of a door to door demand systems. That influence first came into major contention at the turn of the century and expressed itself industrially in the motor car and most remarkably with Henry Fords Model 'T'. The relationship of James Watts railroad steam car was to conform to the economic cyclic system of the industrial revolution in industrializing England. Its need to move people, raw material. and service factories near the source of water power in the interior of the Great Briton. it also proved to have more capaci- - � wL L I-AL %-T U V _L U I ty than canals to move finished goods from the interior to -the seaport towns where the early stages of the industrial revolution took place. The requirements of production and their economic and delivery systems made many improvements on the system both in speed and capability. In 1807 Robert Fulton produced the first economic use of steam power on water in the United States. The genius of many men like Ely Whitney and his major contribution of mass production of ordinance with interchangeable identical parts, railroad made his contributions possible and marketable. Similar to England the Railroads in America made it possible to make use of the land area far distant from the seaport for manu- facture. it allowed the taping of the enormous potential of water power and the vast supplies of coal, Lumber and iron ores to feed the factories of the American industrial Revolution. The transportation system in the form of railroads made many changes in the social fabric of England. Most village folk lived and married, establish families and livelihoods, had children and rarely strayed more than a few miles out of their village area® These social tendencies for a population to become related by lack of mobility and intermarriage with in this small geographic area and gene pool stifled human development, industr-ially and 3- At the time of Hernando De Soto about 1540, the American Plains 51 I Indian had a precarious existence. The introduction of the horse by De Soto made all the difference. The tribes flourished with the new technology. After the Civil War and the mass westward expansion of the United States became a major movement. The Plains Indian had so mastered the technology of the horse, to field the finest light cavalry seen to that date. Superior technology of and industrial society provided the means to defeat the Plains'Indian. The Indians used a technology years old and it was not equal to the changes industrially that had long taken root in a competitive society. The current Railroad systems including transit systems currently in use and those planned by government are that station to sta- tion cyclic system emulating those of 1769. The hardware has undergone much innovation. The change from steam, too electric or diesel with greater capacity and speed. It is essentially the same system as the 18th century system built for the smoke stack industrial revolution of 300 years ago. That industry is in free fall decline. It is now seen that this smoke stack industry is soon to pass as the main economic engine. Make no mistake, there will be a few industries that will retain the outward vestiges of the smoke stack industrial complex. These industries are likely to be the energy companies and their related industrial dependents such as the oil and chemical manufacturing industry. The search for new ways to efficiently use clean fuel and sources of energy will keep this area to a smaller part of the total mix of manufacturing. The trend even now can be seen. The uses of composite materials with superior applications to metals have become a- -factor today. Consider the plastic industry came into being with the introduction of nylon in the late 1930s*. It is now a major industry and the basis for composite materials The greatest thing demonstrated by change of technology in socie- ties has been the rate of change and mobility in populations and product mix. Another archaic system now under construction in Los Angeles California is the ten billion dollars a year budget for the building of and underground rail subway system emulating New York circa 1890. No matter how new the hardware. If the system is not changed from the station to station cyclic system to the reflect the current social and economically used door to door demand system. The money spent will be economically inappropriate and will construct and ineffective system with no conversion possibilities. it will to become nothing other than an economic depravation to 21st century economy. These inappropriate systems built and run by government will be a constant financial burden of many fold, over and above its short term public works contributory value., to a door to door demand economy and social order. This door to door demand system was originally commercially expressed in this century by the Ford Model 'T' prior to the first World War. 6*1 All these railroad systems now in operation and under the conditions of UMTA 1.964 law as experienced in California are financial dead weight to the economy of California. if California and the west coast states of the United States do not begin to make perilous political efforts to change or meet the order of economics. I believe the Japanese will shortly perfect their hydrodynamics magneto propulsion of the YamatO I and leave us in the dust of history. The technology of (LIM) Linear Impulse Motor is fast approaching the engineering solution toward making this form of propulsion system viable. The applicable to large vessels by Japan to con- tainer,ships of 600 feet length with a 40,000 ton displacement designation at speeds across the pacific of sixty knots cruising will effectively shut the United States out of the market. In these systems the turn around time will. be based in a roll on roll off, door to door LTL freight mode. The container will be made of composite materials, a bit more expensive than steel and based in the standard 20 foot container configuration (TEUs) now in service. The composite material container will afford air transportability with out major consideration of transfer to a special air transportable unite as now is the case. The stan- dard unite and weight configuration makes the integrated system functional on land, sea and in the air. The modification of the Antonov AH 124 aircraft with new third generation 4000 series Pratt and Whitney 100,000 , lb thrust engines make such configurations most desirable. With the modi- fied Antonav AH 124 these engines and their power facilitate the changes from four engines to two engines with sirullar fu-el economy configuration to weight and speed at altitude ratio of the smaller Boeing 777 with the 4084. The Rolls-Royce Trent 800 from the same manifold configuration and interchangeable with P&W 4084 is certified at 90,000 thrust and is part of the family of engines from the proven RB211. All these things are part of an integrated system. Europe is voicing concerns with this form of solution today. Unfortunately the political element has fallen heir to the con- trol of the vast sums of tax dollars which were thought to be used to bring on line appropriate integrated systems for the economic reality of an aggressive expanding economy. A truly integrated competitive efficient modern 21st century system. The current disaster has come about as the results of 1.964 UNITA act as the unintentional consequence of the bureaucracy in control. of "Mass Transit". The term Mass Transit has become an expensive bad joke. The political monopoly of professional politician and -their fellow travelers in the turf building bureaucracy must soon be dissolved in favor of private industry and its ability to design, build and operate effective, efficient and applicable Trans- portation systems at market. These systems make profits by serv- ing the buying public and their economy and social. condition. 0 GORDON ANDERSON Senior Officer AIRTRAC HIGH SPEED SURFACE TRANSPORTATION SYSTEMS ASSOCIATED PRESS Aml—Ly- 44 'd --F-f) ...a!-. -�!— --±.j- - F/ e I zz Man a Avela ir in sils outside the Burre, v t., factory where it was made. - 40 -- --, — — — � A--* 1. P B U) W Z 3 a Ic W u w Is IL lu I- as W Z � �, , c. v cc w w a .a . co tw W co ® v ® ®""acav:vvc� a®® ooa�v •. tia�i yap ^ CZ ,00�" En A ®� cso�o°o �aoo��® c cv m v w a� u co a.w WwCJ v�byb +3 1' _ 4, •�b voi,o��cti�� o °�N,a��av °aRy°`b v�a+ci� araA � „�'a o c aav6s •cow a ai � ° ��.� am �v ava E `"s. �oo ��a,CJa �0 v�vaa '8��a -W Cc, - Mgcor. 4 ril ;;��' •v .o v �vv ocdai � �ao ®a bti vz v a:H CZ q ca aA Y � av v ua`"av os,v on w a ac caw .o ac u�vP. zA s�z z° °'a���e pw'� u o�s �� ®cases d?yA�,� n�ti y ee 4) o Rs s � • � o asp � a � ,., oc5 CD o ® CD `"'+v �• =v °a a® s �as aoo ctlw�°a � ro® a��v cr � a» � v cc a ItemNo.6.A.1 MINUTES OF THE JOINT SPECIALMEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Monday,June 15,2015 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TOTHE CDCJOINTSPECIAL MEETING -CALL TO ORDER/ROLL CALL Councilmember Mackenzie called the joint special meeting to order at 1:00 pm, the notice for which being legally noticed on June 11, 2015. Present: Gina Belforte, Vice Mayor (arrived 1:02 pm) Joseph T. Callinan, Councilmember Jake Mackenzie, Councilmember Pam Stafford, Councilmember Absent: Amy O. Ahanotu, Mayor Staff present: City Manager Jenkins, City Attorney Kenyon, and City Clerk Buergler. ACTION: Moved/seconded (Callinan/Stafford) to appoint Councilmember Mackenzie Acting Mayor Pro Tempore. Motion carried unanimously by the following 3-0-2 vote: AYES: Mackenzie, Stafford,and Callinan, NOS: None, ABSTAINS: None, ABSENT: Belforte and Ahanotu. 2.PUBLIC COMMENTS None. Vice Mayor Belforte arrived 1:02 pm and assumed the gavel from Acting Mayor Pro Tempore Mackenzie. 3.CONSENT CALENDAR A.City Council Resolutions for Adoption: 1.2015- 112 Approving the Residential Purchase Agreement and Joint Escrow Instructions for the Sale of 7783 Burton Avenue to Jose Sanchez, Ivonne Rosas, Candelaria Martinez, and Victor Martinez City of Rohnert Park Joint SpecialMeeting Minutes June15, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency22 Page of ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar. Motion carried unanimously by the following 4-0-1 vote: AYES: Mackenzie, Stafford, Callinan, and Belforte, NOS: None, ABSTAINS: None, ABSENT: Ahanotu. 4.CLOSED SESSION A.Mayor Pro Tempore Belforte made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 1:03 pmin the Council Chamber to Consider: 1.Conference with Legal Counsel  Anticipated Litigation - Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): (One C B.Reconvened Joint Special Meeting Open Session in Council Chamber at 1:40 pm C.Report on Closed Session (Government Code § 54957.1) Mayor Pro Tempore Belforte reported: no reportable action. 5.ADJOURNMENT Mayor Pro Tempore Belforte adjourned the joint special meeting at 1:40 pm. _______________________________________________________________________ JoAnne M. Buergler, City ClerkAmy O. Ahanotu,Mayor Cityof Rohnert ParkCity of Rohnert Park ItemNo.6.A.2 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, June9, 2015 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TOTHE CDCJOINT REGULAR MEETING -CALL TO ORDER/ROLL CALL Mayor Ahanotu called the joint regular meeting to order at 5:02 pm, the notice for which being legally noticed on June 4, 2015. Present: Amy O. Ahanotu, Mayor Gina Belforte, Vice Mayor Pam Stafford, Councilmember Jake Mackenzie, Councilmember Joseph T. Callinan, Councilmember Absent: None Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Kenyon, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze, Human Resources Director Perrault, Acting Development Services Director and City Engineer Pawson, Director ofPublic Works and Community Services McArthur, and Director of Public Safety Masterson, Planner Spence-Wells, and Planning Technical Advisor Weisbrod. 2.PLEDGE OF ALLEGIANCE Led by Elsa and Moira Hazard. 3.PRESENTATIONS A.Mayors Certificate of Recognition: Honoring and Thanking Stephen Kirschenmann for his Volunteer Efforts in Economic Development Mayor Ahanotu read and presented certificate to Stephen Kirschenmann. B.Mayors Proclamation: Recognizing June 15, 2015 as World Elder Abuse Awareness Day in the City of Rohnert Park City of Rohnert Park Joint Regular Meeting Minutes June9, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency26 Page of Mayor Ahanotu read and presented certificate to Community Services Specialist Schieberl. C.Petaluma People Services Center: Update on Health and Human Services -Elece Hempel Elece Hempel provided an update and described services coming to Rohnert Park and will be providing contacts for resources to Rohnert Park Public Department. D.Informational Presentation by the Suncal Team Regarding the Proposed Rohnert Crossings Planned Development Michael Olson, Suncal, and Chris Hall, Hart Howerton, presented. 4.DEPARTMENT HEAD BRIEFING None. 5.PUBLIC COMMENTS Logan Pitts, representing Assemblymember Bill Dodds, announced Fraud Prevention Town Hall event Friday, June 19, 2015, 4:30 to 6:30 pm at the Ro Center which is co-sponsored by the City of Rohnert Park. 6.CONSENT CALENDAR A.Approval of Minutes for: 1.City Council/RPFA/Successor Agency Joint Regular Meeting, May 26, 2015 2.City Council/RPFA/Successor Agency Joint Regular Meeting, May 12, 2015 B.Acceptance of Reports for: 1.City Bills/Demands for Payment dated June 9, 2015 2.Successor Agency to the CDC Bills/Demands for Payment dated June 3.Complete Streets Annual Report C.City Council Resolutions for Adoption: 1. 2015- 106 Authorizing and Approving the Second Amendment to Consultant Services Agreement with AECOM Technical Services, Inc. for Professional Planning Services for the Central Rohnert Park Priority Development Area 2. 2015-107 Adopting an Appropriations Limit for the City of Rohnert Park for the 2015/16 Fiscal Year Pursuant to Article XIII B of the California Constitution 3.2015-108 Rejecting the Claim of Beverly Bridges 4.2015-109 Authorizing and Approving the Third Amendment to the User Agreement Between the City of Santa Rosa and the City of Rohnert Park Related to Recycled Water D. Authorizing the City Manager to Execute the First Amendment to the Design Professional Services Agreement with Coastland Civil Engineering, Inc. for Rohnert Park Expressway Rehabilitation Phase 2 (Project Number 2015-01) City of Rohnert Park Joint Regular Meeting Minutes June9, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency36 Page of E. Authorizing the City Manager to Execute Public Access and Public Agreements with Amys Kitchen Restaurant Holdings LLC F. Authorize the Purchase of Self Contained Breathing Apparatus (SC and Fit Tester from Bauer Compressors in the Amount of $186,757. City Manager to Execute Purchase Documentation; and Authorize th Director to Make Appropriations to Cover Associated Costs G. Authorizing the City Manager to Execute Consultant Services Agre Coda Associates, Inc. for Professional Plan Check and Building I H. Approving Appointment to the Parks and Recreation Commission I.Authorizing the City Manager to Execute a Task Order for Design Services for Rohnert Park Street Smart (Project Number 2013-02) and Road Rehabilitation (Project Number 2014-04) with GHD Inc. ACTION: Moved/seconded (Callinan/Mackenzie) to approve the Consent Calendar. Motion carried unanimously by the following 5-0 vote: AYES: Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: None. 7.CLOSED SESSION A.Mayor Ahanotu made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 6:38 pm in Conference Room 2A to Consider: 1.Conference with Real Property Negotiators (Government Code §5495 Property: 7783 Burton Avenue (APN: 143-203-001) City Negotiator: Darrin Jenkins, City Manager Negotiating Parties: Grant Walsh; Laura De'Rutte; Caroline Fuller; Kenneth Wong; and Rikki Barron Under Negotiation: Price and Terms B.Reconvened Joint Regular Meeting Open Session in Council Chamber at 6:50 pm C.Report on Closed Session (Government Code § 54957.1) Mayor Ahanotu reported: no reportable action. Councilmember Mackenzie returned from Closed Session to dais 6:53 pm 8.Review and Consideration of Adoption of City of Rohnert Park Operating and Capital Improvements Program Budgets FY 2015/16 Finance Director Howze presented the item. Recommended Action(s): 1. consider and approve a resolution adopting the City Budget for Fiscal Year 2015/16 and 2. consider and approve a resolution adopting the Proposed Five-Year Capital Improvement Program (CIP) for FY 2015/16 through FY 2019/20, and the Capital Improve 2015/16 as included in the City Budget for Fiscal Year 2015/16. Public Comment: None. City of Rohnert Park Joint Regular Meeting Minutes June9, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency46 Page of ACTION: Moved/seconded (Callinan/Stafford) to adopt Resolution 2015-110 Approving and Adopting the Operating Budget for the City of Rohn Park for Fiscal Year 2015-16. Motion carried unanimously by the following 5-0 vote: AYES: Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Stafford/Belforte) to adopt Resolution 2015-111 Approving the Five-Year Capital Improvements Program (CIP) for Fiscal Years 2015/16 through 2019/20 and Approving Fiscal Year 2015/16 CIP Projects. Motion carried unanimously by the following 5-0 vote: AYES: Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: None. 9.PUBLIC HEARING: (NO EARLIER THAN 6PM-Noticed May 30,2015) Approve an Interim Urgency Ordinance Extending the City’s Moratorium on and Prohibition of the Issuance of Building Permits or Other Entitlements for the Establishment, Expansion or Relocation of any Boat, RV and Outdoor Storage Facility, Self-Storage Facility or Vehicle Storage Yard Pending the Review and Possible Amendment of Zoning and Other Regulations to Such Facilities to Become Effective Immediately Callinan stepped away from dais 7:26 pm Acting Development Services Director and City Engineer Pawson and Planning Technical Advisor Weisbrod presented the item. Recommended Action(s): Approve an Interim Urgency Ordinance Extending the Citys Moratorium on andof the Issuance of Building Permits or Other Entitlements for the Estab Relocation of any Boat, RV and Outdoor Storage Facility, Self-Storage Facility or Vehicle Storage Yard Pending the Review and Possible Amendment o Regulations to Such Facilities to Become Effective Immediately. Callinan returned 7:28 pm Hearing Opened 7:28pm Public Comments: None. Hearing Closed 7:28pm ACTION: Moved/seconded (Stafford//Belforte) to adopt Interim Urgency Ordinance 889, an Interim Urgency Ordinance of the City Council of the City of Rohnert Park, California, Extending the Citys Moratorium on and Prohibiting the Issuance of Permits or Other Entitlements for th Establishment, Expansion or Relocation of Any Boat, RV, and Outdoor Storage Facility, Self-Storage Facility, or Vehicle Storage Yard Pending City of Rohnert Park Joint Regular Meeting Minutes June9, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency56 Page of the Review and Possible Amendment of Zoning and Other Regulations to Such Facilities, to Become Effective Immediately. Motion carried unanimously by the following 5-0 roll call vote: AYES: Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: None. 10.Economic Development Update, June 2015 Assistant City Manager Schwartz presented the item. Recommended Action(s): Discuss and provide direction on June 2015 Economic Development Update and authorize staff to participate in the business attraction strategies listed in the staff report. Public Comment: None. ACTION: By Consensus (none opposed), City Council directed staff to move forward. 11.Discussion and Direction on Enhanced Water Conservation Program Acting Development Services Director and City Engineer Pawson presented the item. Recommended Action(s): Provide direction on proposed actions to enhance the Citys Water Conservation Program and assist residents in complying wit Public Comment: None. ACTION: The item was referred to the Water/Wastewater Issues Committee. 12.COMMITTEE / LIAISON/ OTHER REPORTS LAFCO (6/3) - Councilmember Stafford reported Jay Jasperse of the Sonoma County Water Agency provided a presentation regarding new regulations f Sustainability Agencies which will be of interest to the Water/Wastewater Issue Committee. The Northwest Specific Plan Area annexation has been continued to July 1, 2015. Councilmember Mackenzie stated there is an issue regarding regional transportation management that has come up during this annexatio staff to provide a full report once the annexation is finalized. Health Action (5/28) - Vice Mayor Belforte reported on the topic indicating that a persons health is affected by where he/she lives and showed a v- The Social Determinants of Health, geared toward local government. Health Action is now monitoring policy related to health. 13.COMMUNICATIONS Councilmember Callinan announced the Friday evening Farmers Market has begun and the year-round Sunday Farmers Market is open. Councilmember Stafford reported on the Project Graduation 2015 event. Councilmember Mackenziereported Saturday, June 13, 2015, there is an opening ceremony at the Taylor Mountain Regional Park, Petaluma Hill Road entrance. City of Rohnert Park Joint Regular Meeting Minutes June9, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency66 Page of 14.MATTERS FROM/FOR COUNCIL Councilmember Callinan requested an item be agendized regarding a HVAC system at the Sports Center. Councilmembers Stafford and Mackenzie supported item. City Attorney Kenyon requested a Special Meeting to hold a closed session regarding significant exposure to litigation. The meeting was scheduled for Monday, June 15, 2015 at 1:00 pm. 15.PUBLIC COMMENTS None. 16.ADJOURNMENT Mayor Ahanotu adjourned the joint regular meeting at 8:34 pm. _____________________________________ __________________________________ JoAnne M. Buergler, City ClerkAmy O. Ahanotu,Mayor City of Rohnert ParkCity of Rohnert Park ItemNo.6.B.1 ItemNo.6.B.2 ItemNo.6.B.3 ItemNo.6.B.4 ItemNo.6.B.5 ItemNo.6.B.6 ItemNo.6.C.1 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 AGENDAREPORT Meeting Date:June 23, 2015 Department: Public Works Submitted By:John McArthur, Director of Public Works and Community Services Prepared By: Angie Smith, Purchasing Agent Adopt Resolution Authorizing the Purchase of one (1)Commercial Agenda Title Jacobsen HR-9016T Wide Area Mower in the amount of $82,630.64 for the Public Works Department RECOMMENDED ACTION: City Council Adopt a Resolution Authorizing the Purchase of one (1) Commercial Jacobsen HR- 9016T Wide Area Mower in the amount of $82,630.64 for the Public Works Department. BACKGROUND: The City owns and maintains 221 total acres of landscaped area. This includes 101.5 acres of turf in park areas that requires frequent mowing. The department currently has two (2) small mowers and one (1) mid-size mower that were purchased in 2009. The existing mid-size mower has reached the end of its useful service life and should be replaced. Staff is recommending replacing the mid-size mower with a Jacobsen HR-9016T Wide Area Mower. ANALYSIS: City landscape staff uses the turf mowersdaily to maintain the Citys parks and streets turf areas. The existing mid-size mower had a life expectancy of seven years and is currentlyexperiencing a multitude of mechanical malfunctions and breakdowns. Staff has determined that in order to continue to provide reliable turf maintenance and avoid costly r-size mower should be replaced as soon as possible. The Commercial Jacobsen HR-9016T Wide Area Mower is a commercial grade mower that is an industry standard for maintaining large turf areas. The larger Jacobsen mower would increase landscape staffs efficiency due to a greater mow rate capacity Additionally, the Jacobsen mower has a more efficient engine that is more powerful, quieter and more fuel efficient than the existing mowers. Staff had also ve claims with other local agencies including the Cotati Rohnert Pa OPTIONSCONSIDERED: A new wide area mower is essential to support the ongoing landscape maintenance needs of the Public Works Department. Staff has determined that attempting to extend the useful servic of the existing mower would not be in the Citys best interest. The existing mower is unreliable and in need of ongoing expensive repairs. It is highly unlikely cost effectively repaired and operate reliably. Other options c 1 newer mower through a rental/lease agreement. Since turf maintenance is a frequen ongoing function, leasing a mower would be very expensive and no Purchasing the mower through a Cooperative Purchasing Program with National Joint Powers Alliance offers the best value to the City. The Jacobsen HR-9016T Wide Area Mower is the industry standard with ten years life expectancy. As per the City Ordinance, Section 3.04.080 allows for Cooperative Purchasing, the City is exercising the rito purchase said mower by way of cooperative purchasing. FISCAL IMPACT/FUNDING SOURCE: Sufficient funding is available to purchase the Jacobsen HR-9016T Wide Area Mower from savings in the FY 2014-15 Public Works General Services, Parks, and Streets operating budgets. Total purchase price of Jacobsen HR-9016T Wide Area Mower is $82,630.64. Upon replacement, the existing mid-size mower will be removed from the Citys fleet and disposed of at auction. VEHICLE REPLACEMENT FUNDS: Per City Council Vehicle Replacement Policy No. 415.37, approved by City Council Resolu No. 2011-56 on 6-28-2011, replacement funds will be set aside each fiscal year in th Equipment Replacement Fund in amounts based on each vehicleand/or equipmentprojected replacement value and expected service life. Department Head Approval Date:J.McArthur (6-2-2015) Finance Director Approval Date:B. Howze (6-8-2015) City Manager Approval Date:D. Jenkins (6-8-2015) City Attorney Approval Date:N/A Attachments: 1. Resolution 2 RESOLUTION NO. 2015- 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE PURCHASE OF ONE (1)JACOBSEN HR-9016T WIDE AREA MOWER IN THE AMOUNT OF $82,630.64 FOR THE PUBLIC WORKSDEPARTMENT WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the Citys purchasing functions shall be governed by the Citys WHEREAS, the Public Works Department, has funds available in fiscal year 2014/2015 for the purchase of one (1) Jacobsen HR-9016T Wide Area Mower, and; WHEREAS, as per the City Ordinance No. 843, Resolution No. 2012-22 this mower is available for purchase through a Cooperative Purchase Program with the National Joint Powers Alliance as per Contract #070313-JCS from Jacobsen West of Sacramento, California. WHEREAS , the total cost for one (1) Jacobsen HR-9016T Wide Area Mower is $82,630.64, and; WHEREAS, the purchase of one (1) Jacobsen HR-9016T Wide Area Mower will be fully funded through Public Works General Services, Streets and Parks operating budget and; WHEREAS, the City Council considered this Resolution at its duly noticed meeting on June 23, 2015 along with the staff report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the purchase for the aforementioned one (1) Jacobsen HR-9016T Wide Area Mower from the following authorized vendor at or below the following amount: Contractor Name Jacobsen West, Sacramento, California$82,630.64 BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions necessary to effectuate this purchase, includinexecution ofdocuments pertaining to the same for and on behalf of the City of Rohnert Park, and transferring appropriations within the Public Works Department. rd DULY AND REGULARLY ADOPTED this 23 day of June, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk CALLINAN:_________ MACKENZIE:_________ STAFFORD:_________ BELFOR AYES: ( ) NOES: ( ) ABSENT: ( ItemNo.6.C.2 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 Meeting Date:June 23, 2015 Department:Public Safety/ Animal Shelter Submitted By:Angie Smith, Purchasing Agent Agenda Title:Adopt Resolution Authorizing the Purchase of a Spay/Neuter/Adoption Van for an amount not to exceed $50,000.00forthe City of Rohnert Park Animal Shelter RECOMMENDED ACTION: City Council Adopt a Resolution Authorizing the Purchase of a Spay/Neuter/Adoption Van for an amount not to exceed $50,000 for the City of Rohnert Park Animal Shelter BACKGROUND : In fiscal year 2014/2015, theCity of Rohnert Park Animal Shelter budgeted $50,000.00 for the purchase of a spay/neuter/adoption van. Since 2008 the Citys Animal Shelter has been offering our commu neuters and low-cost alteration of dogs. The program has gone through several different metamorphoses before settling on the existing format. Clinics are offered twice a month, animal intake and discharge happens at the shelter so that the Shelter is the publics point of contact. After collecting all the animals the shelter drives them over to a contracted vet clinic for the surgery. Towards the end of the day the animals are brought bacshelter for discharge to their owners. The transportation process usually involves two vehicles, which means two staff members or two City approved volunteers. The Shelter also participates in many public outreach and adoption events in our community and beyond. Trying to stay in the publics eye, find forever homes the animals, and be a convenient resource to the citizens is a constant effort. Currently, each time the Shelter has an event they have to locate the supplies throughout the shelter and load up t process at the end of the day upon returning to the shelter. NEEDS ASSESSMENT: Having a dedicated van for these programs would solve several of the problemswhilegiving, the shelter a very visible presence in the community, both at the events and driving back and forth. In deciding the type of van to purchase staff ruled out the ones with cages and windows already built in as that limits the use of the vehicle. By having a basith some built- in storage unitit can serve many functions including use during disasters. It ill allow the Shelter to transport all the animals to Fix-it Clinics in just one vehicle thereby saving gas and staff time. Staff looked at several models of vans and determinedthat having one tall enough to stand in was important as well as having one long enough to carry everything for a full adoption event set-up. Staff needed a front bench seat to transport three staff members (the minimum needed for most outreach events), thus eliminating the need for a secon third person. Staff considered the cost of maintenance,repairs, type of fuel (diesel vs. gas) used, and options offered and found that the 2016 Ram ProMaster offered everything needed for the Shelters planned use and needs. ANTICIPATED USE: The Pet Adoption Wagon, or PAW the name selected for the new van, will be used atevents and functions throughout the City. A colorful decal wrap will be a highly visible presence at the Friday Night Markets, local schools for animal education programs and other adoption outreach events. Driving the van through town will help give the identity to those unaware of our facility and programs. The van will provide the following services: transport animals to our Fix-it Clinics twice a month; go out to our monthly adoption event at the Unleashed Pet Store in Santa Rosa and to other adopanimal education volunteers to schools throughout our City for education programs; be used as part of our Wellness Clinics that we offer to low-income residents, and last but not least, it will be available as a mobile shelter, bringing supplies and cages in case of a disaster. ANALYSIS: Staff received prices from two (2) local vendors. This van is unique and not all dealers carry them. Staff reviewed the specifications, pricing and drove the vans. The RAM ProMaster was the only model that is available with a gas motor. The Public Works Fleet Division stated a gas motor would best meet the needs of the Animal Shelter as wel of the Fleet Division for lower on-going maintenance costs. The RAM ProMaster was also the lowest cost per the summary outline below. VENDORCOST Smothers European, Santa Rosa, CA$46,323.00 Autoworld, Petaluma, CA $45,723.39 Per the City Ordinance 843, Resolution 2012-22 thisvan is available for purchase through Autoworld of Petaluma, CA, in an amount not to exceed $50,000. The requested not-to-exceed amount will cover any unforeseen costs for taxes or delivery fee FISCAL IMPACT/FUNDING SOURCE: The purchase of the van will be fully funded by the Spay Neuter Adoption Fund and haszero impact to the General Fund.Funds are generated from the spay/neuter program, pet licenses and state fees collected for intakeanimals being redeemed at the shelter. State law allows this money to be used for spay neuter and animal education programs. Since the vehicle will be used for both these program fund. The money for the decal wrap and any interior modifications and materials needed, will be paid for by the Animal Shelter League. VEHICLE REPLACEMENT FUNDS: In compliance with the Fiscal Policy, Use of Restricted Capital Reserve Funds approved by City Council Resolu-56, funds will be set aside annually from the Spay Neuter Adoption Fund in a Vehicle Replacement Fund based on the replacement schedule of the new vehicles. Department Head Approval Date: N/A Finance Director Approval Date: B. Howze (6-8-2015) City Manager Approval Date:D. Jenkins (6-8-2015) City Attorney Approval Date:N/A Attachments: Resolution RESOLUTION NO. 2015- 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE PURCHASE OF SPAY/NEUTER/ADOPTION VAN FOR AN AMOUNT NOT TO EXCEED $50,000.00FOR THE CITY OF ROHNERT PARKANIMAL SHELTER WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the Citys purchasing functions shall be governed by the Citys WHEREAS, the City of Rohnert Park Animal Shelter, has funds available in fiscal year 2014/2015for the purchase of a Spay/Neuter/Adoption Van, and; WHEREAS, as per the City Ordinance No. 843, Resolution No. 2012-22 this van is available for purchase through Autoworld of Petaluma, California. WHEREAS, the purchase for the spay/neuter/adoption van will be fully funded through the spay neuter adoption fund and; WHEREAS, the City Council considered this Resolution at its duly noticed meeting on June 23, 2015 along with the staff report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the purchase for the aforementioned spay neuter adoption van from the following authorized vendor at or below the following amount: VendorNameNot to Exceed Autoworld, Petaluma, CA $50,000 BEIT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions necessary to effectuate this purchase, includinexecution ofdocuments pertaining to the same for and on behalf of the City of Rohnert Park. rd DULY AND REGULARLY ADOPTED this 23 day of June, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: ____________________________ JoAnne M. Buergler, City Clerk CALLINAN:_________ MACKENZIE:_________ STAFFORD:_________ BELFORTE: _________ AHANOTU:_________ AYES: ( ) NOES: ( ) ABSENT: ( ItemNo.6.C.3 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 Meeting Date:June 23, 2015 Department: Human Resources Submitted By:Victoria Perrault, Director of Human Resources Prepared By: Tracy Rankin, Human Resources Analyst Consideration and Adoptionof ResolutionAuthorizing and Approving a Agenda Title: Paid Sick Leave Policy Pursuant to Assembly Bill1522 for Temporary, Part-Time and Seasonal Employees and Establishing the Accrual Method and the Minimum Sick Leave Usage Increment RECOMMENDED ACTION: Adopt a Resolution authorizing and approving a paid sick leave policy pursuant to AB 1522 for temporary, part-time and seasonal employees and establishing the accrual method minimum sick leave usage increment. BACKGROUND: On September 10, 2014, Governor Brown signed into law Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014 that provides three (3) eligible employees beginning July 1, 2015. Effective January 1, to post information aboutAB 1522 but the paid sick leave provisions do not go into effect July 1, 2015. AB 1522 sets forth the conditions and purposes fo paid. AB 1522 allows the employer to choose between two accrual methods and sets a minimum usage increment for paid sick leave that does not exceed two (2) An employee who, on or after July 1, 2015, works for 30 or more entitled to paid sick leave. Employees, including part-time, temporary and seasonalemployees, must earn at least one hour of paid sick leave for every 30 hours worked. Accrual begins on the first day of employment, or on July 1, 2015 for current employees. City part-time, temporary and seasonal employees are not covered by any co bargaining agreement, benefits resolution or any other benefits policy. As employees are subject to the provisions of AB 1522. All other employees of the City a covered under collective bargaining units or a benefits resolution that meet or exceed the minimum requirements for AB 1522 paid sick leave and are, therefore, not subject to AB 1522. An employee is not eligible to begin using any accrued paid sickcalendar days of employment with the City. An employee is only allowed to use up to a maximum of 3 days or 24 hours, whichever is greater, of paid sick leave in a -month period. Theemployee 1 can only accrue paid sick leave up to a cap of six (6) days or 4whichever is greater. Sick leave does not accrue once the cap is reached, butaccrual begins again when accrued sick leave drops below the cap. Any unused accrued paid sick leave carries over year-to-year while continuously employed. If an employee separates from City employment and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick be reinstated. However, if a re-hired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used. FISCAL IMPACT: The financial impact of implementing AB 1522 is unknown at thistime; however any additional costs would be limited to covering services performed by part-time staff during sick leave absences. Department Head Approval Date:N/A City Manager Approval Date:06/11/15 City Attorney Approval Date:06/10/15 Attachments (list in packet assembly order): 1.Resolution of the City of Rohnert Park Authorizing and Approving a Paid Sick Leave Policy Pursuant to AB 1522 for Temporary, Part-Time and Seasonal Employees and Establishing the Accrual Method and the Minimum Sick Leave Usage Increment 2.Policy - Paid Sick Leave for Temporary, Part-Time, and Seasonal Employees 3.Assembly Bill No. 1522 2 RESOLUTION NO. 2015- 115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFROHNERT PARK AUTHORIZING AND APPROVINGA PAID SICK LEAVE POLICY PURSUANT TO AB 1522 FOR TEMPORARY, PART-TIME AND SEASONAL EMPLOYEES AND ESTABLISHING THE ACCRUAL METHOD AND THE MINIMUM SICK LEAVE USAGE INCREMENT WHEREAS , on September 10, 2014 the Governor of the State of California Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) provi covered employees effective July 1, 2015; and WHEREAS , the AB 1522 paid sick leave provisions are to take effect July 1 WHEREAS , the City of Rohnert Park wishes to establish a paid sick leave pursuant to AB 1522 for part-time, temporary and seasonal employees; and WHEREAS , part-time, temporary and seasonal employees are not covered by any existing collective bargaining agreement, benefits resolution no WHEREAS , AB 1522 allows the City to establish the accrual method and th usage increment for paid sick leave; and WHEREAS , AB 1522 provides City employees who work 30 or more days a yea entitled to paid sick leave to be accrued at a rate of no less t worked. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park hereby adopts the provisions under the City of Rohnert Park Temporary, Part-Time and Seasonal Employees shown as Exhibit A to this resolution. DULY AND REGULARLY ADOPTED this 23rd day of June, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk CALLINAN: ________ MACKENZIE: ________ STAFFORD: _________ BELFO AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTA EXHIBIT A CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECTPOLICY NO.RESO. NO.EFF. DATEPAGE 1OF 4 PAID SICK LEAVEFOR TEMPORARY, PART-07/01/2015 TIME, AND SEASONAL EMPLOYEES I.PURPOSE AND SCOPE A.Purpose In accordance with the Healthy Workplaces/Healthy Families Act o Rohnert Park (“City”) recognizes that employees will need days off from work from time to time to address their medical needs. This document establish procedures the City shall adhere to with regards to paid sick leave in accordance with et seq California Labor Code section 245 . B.Applicability This policy applies to temporary, part-time, and seasonal employees who, on or after July 1, 2015, work for the City for 30 or more days within 12 mo of employment and who are not eligible for any form of “comprehensive leave” benefit provided by the City to other employee groups. C.Exclusions Employees not covered by this policy are those whoare eligible for “comprehensive leave” benefitsprovided by the City pursuant to a memorandum of agreement (represented employees), outline of certain conditions of employ and salary adjustments (non-represented employees) or employment agreement. II.POLICY A.Entitlements Employees covered by this policy begin to accrue paid sick leave at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked begin employment, or on July 1, 2015 for current employees. An employ begin using any accrued paid sick leave until after 90calendardays of employment with the City. Paid sick leave will not be considered hours worked for purposes calculation. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECTPOLICY NO.RESO. NO.EFF. DATEPAGE4OF 4 PAID SICK LEAVE FOR TEMPORARY, PART-07/01/15 TIME, AND SEASONALEMPLOYEES Employees are entitled to use 3 days or 24 hours of paid sick leave,whichever is greater,within each 12-month period of employment. Twenty-four (24) hours shall be the maximum benefit except in situations where an employee’s regularly scheduled work dayis longer than an 8-hour day (e.g. an employee who works four, 10-hour days per week).In such cases, a “day” shall be the equivalent of the hours in temployee’s regularly-scheduled work day. Employees can only accrue paid sick leave up to a cap of six (6) whichever is greater. Sick leave does not accrue once the cap is reached, but accrual begins again when accrued sick leave drops below the cap. Any u sick leave carries over year to year while continuously employed. Paid sick leave made available under this policy has no cash value, and the City does not pay Employees for available unused sick leave at separation. B.Usage 1.An employee may useavailablepaid sick leavebeginning on the 90th calendar day of employment. 2.The City shall allow the use of paid sick leaveupon the oral or written request of an employee for themselves or a family member for the diagnosis, care or treatment of an existinghealth condition orpreventative care, or specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code secti and 230.1(a).Paid sick leaveis intended to be used only when required for thesespecified reasons. 3.“Family member” for purposes of this paid sick leave policy mean a.A child (biological, adopted, or foster child, stepchild, legal ward, or child to whom the employee stands in loco parentis, regardless of the age or dependency status); b.A biological, adoptive, or foster parent, stepparent, or legal g anemployee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; c.A spouse; d.A registered domestic partner; e.A grandparent; f.A grandchild; g.A sibling. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECTPOLICY NO.RESO. NO.EFF. DATEPAGE4OF 4 PAID SICK LEAVE FOR TEMPORARY, PART-07/01/15 TIME, AND SEASONALEMPLOYEES 4.Employeesmust provide reasonable advance notification, orally or in writi of the need to use paid sick leave,if foreseeable. If the need to usepaid sick leaveis not foreseeable, the employeemust provide notice as soon as practical.The City will not condition the use of sick leave on the employee finding someone to cover his/her work. 5.Employees must use sick leave inat least one half (.5) hourincrements. 6.Employees will only receive paid sick leave for the number of ho would have worked during their scheduled shift. For example, if the employee was scheduled for a four hour shift, they would be compe with four hours of paid sick leave only. 7.Asset forth in Section II,employees can use up to a maximum of 3 days or 24 hours, whichever is greater, of paid sick leave in a 12-month period. 8.If an employee separates from City employment and is rehired by the Cit within one year of the date of separation, previously accrued an sick leave hours shall be reinstated. However, if a rehired employee had not yet worked the requisite 90 calendar days of employment to use paid sick leave at the time of separation, the employee must still satisfy employment requirement collectively over the periods of employme City before any paid sick leave can be used. C.Additional Information Information regarding the City’s policy on the use of sick leave part-time, temporary and seasonal employees, and all employees may ob this policy at any time from their supervisors. Inquiries regarding the application of this policy may be direct supervisor, department head, Human Resources or directly to the CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECTPOLICY NO.RESO. NO.EFF. DATEPAGE4OF 4 PAID SICK LEAVE FOR TEMPORARY, PART-07/01/15 TIME, AND SEASONALEMPLOYEES AGREEMENT FOR USE OF SICK LEAVE AS A CITY OF ROHNERT PARK EMPLOYEE By signing this agreement, I certify that I understand the termsconditionsof this agreement and the City’s policy, and I accept responsibility for agreement. I also understand that violations of the policy may result in disciplinary action as provided for in the City’s Personnel Rules,up to andincluding termination. Employee Full Name: Employee Signature: Date:____________________ Attachment 3 ItemNo.6.C.4 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 Meeting Date: June 23, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Acting Director of Development Services Prepared By: Mary Grace Pawson, Acting Director of Development Services Agenda Title:Authorizing and Approving a Public Improvement Agreement with University District LLC and Vast Oak Properties L.P. for the Vast Oak Property Phase 1 In-Tract Recycled Water System, In-Tract Joint Trench and Street Lighting System and Phase 1 Offsite Joint Trench and Street Lighting System and Finding This Project Covered by the Updated Final Environmental Impact Report for the University District Specific Project As Amended RECOMMENDED ACTION: Adopt aResolution Authorizing and Approving a Public Improvement Agreement with University District LLC and Vast Oak Oak Property Phase 1 In-Tract Recycled Water System, In-Tract Joint Trench and Street Lighting System and Phase 1 Offsite Joint Trench and Street Lighstem and Finding This Project Covered by the Updated Final Environmental Impact Report Specific Plan Project As Amended BACKGROUND: The City has approved a Tentative Map and entered into a Development Agreement with the University District LLC and Vast Oak Properties L.P. (Developer) to facilitate the orderly development of the area known as the Univ Area. Both the Conditions of Approval for the Tentative Map and direct the construction of public infrastructure so that it will be coor serve new residential and commercial development planned within The Developer has begun development of the site. The Developer has largely completed initial sheet-grading activities and is currently constructing offsite water, sewer, storm drain recycled water system improvements and in-tract water, sewer and storm drain systems. At this point, the Developer has finalized its design of the in-tract recycled water system and in-tract and offsite joint trench and street lighting system serving the first 399 lots contemplated for development and illustrated in Attachment 1. These are the final underground utility improvements needed to serve first phase of development. The Developer is working to comp the underground improvements early this summer so that it can mo improvements (curb, gutter, sidewalk and street improvements) an housing units by the end of the summer. The Developer and City now need to enter into an Improvement Agreementto provide for the construction of this utility infrastructure that will eventually be dedicated to the City. 1 ANALYSIS: The Developer is proposing to build the in-tract Phase 1 recycled water system, the in-tract Phase 1 joint trench and street lighting system and the of lighting system on Rohnert Park Expressway from Snyder Lane to a This is a significant public works construction project with a total value of approximately $1,885,360. In order to formalize the relationship between the Developer and th construction begins, staff is recommending that the City enter ia Public Improvement Agreement with the Developer. The proposed Public Improvement Agreementis in the same form as the Offsite Public Improvement Agreements for the Rohnert Park Expressway Utility Improvements and the Improvement Agreements for the in-tract water, sewer and storm drain systems, all of which have been approved by Council. Like the other Improvement Agreements, this Agreement outlines in more detail than specified in the Conditions of Approval or the Development Agreement, the Developers duty to install the improvements to City standards and protect them until acceptance; the Citys rights for inspection and cost reco improvements will be inspected by the City; requirements to pay for bonds, insurance and indemnity and the Citys remedies against breach or defaul Developer. The Agreement also specifies that the Developer will be required to post performance and labor and material bonds, for the full constructed value. ENVIRONMENTAL ANALYSIS: The proposed Public Improvement Agreement will authorize and provide for the installation of the recycled water system and joint trench and street lighting systems that serve the first phase of development. These improvements were included in the Project Description Section of the Draft Environmental Impact Report (Draf 2005) for the University District Specific Plan (specifically Ch Utility Infrastructure Systems beginning on page 2-5). These underground utilities are necessary to provide service to the planned development. Because the improvements were includedin the Project Description, the analysis in the Draft EIR included an analysis of the constr improvements and mitigation measures were developed to minimize any impacts. The Draft EIR identified 19 temporary construction impacts that are associated installation. All of these impacts are less than significant or significant level with standard construction mitigation that will be incorporated into the approved plans required by the Public Improvement Agreement. The description of the required Utility Infrastructure was not substantially changed by either the Final EIR (March 2006) or the CEQA Addendum (February 2014). Because the proposed improvements were included in the Project Description considered Specific Plan EIR, and their impacts were analyzed and mitigated no further CEQA analysis is required. The City will use its plan approval process to ensure that mitigations to control construction noise, dust, hazards and bio part of the work. OPTIONS CONSIDERED: 1.Authorize and Approve the Public Improvement Agreement for the Vast Oak Property Phase 1 In-Tract Recycled Water System, In-Tract Joint Trench and Street Lighting System and Phase 1 Offsite Joint Trench and Street Lighting Syst(recommended action). This action allows Council to approve the major details of the business 2 arrangement between the City and the Developer moving forward, w flexibility in the timing of construction. 2.Do not approve the Public Improvement Agreement until all improv complete and approved. This option is not recommended because it may result in a substantial delay in the construction schedule. FISCAL IMPACT/FUNDING SOURCE: The project will be constructed and paid for by the Developer. The Public Improvement Agreement acknowledges that the Developer may, at a later date, be reimbursed for costs from a Community Facilities District (CFD) CFD be established. If CFD bonds are used to fund some, or all, of the infrastructure, these bonds will be repaid from special tax revenue generated from the property within the Specific Plan Area and will not be an obligation of the City. Construction of public improvements required under the Conditions of Approval has or will be guarant and material bonds. After acceptance of the improvements, the City will incur ongoing maintenance costs for the recycled water system, which will be funded by rates paid by the newly developed properThe City will also incur ongoing costs for maintenance of the streetng system, which will be funded from the maintenance annuity deposit provided by the Deve Development Agreement. Department Head Approval Date:N/A City Manager Approval Date:5/26/2015 City Attorney Approval Date:5/23/2015 Attachments 1.Attachment 1  Vast Oak Project Phase 1 Proposed Development Area 2.Resolution Authorizing and Approving a Public Improvement Agreement with University District LLC and Vast Oak Properties L.P. for the Vas Phase 1 In-Tract Recycled Water System, In-Tract Joint Trench and Street Lighting System and Phase 1 Offsite Joint Trench and Street Lighting Syst This Project Covered by the Updated Final Environmental Impact R University District Specific Plan Project As Amended 3.Exhibit A to Resolution - Public Improvement Agreement with University District LLC and Vast Oak Properties L.P. for the Vast Oak Property PhaseIn-Tract Recycled Water System, In-Tract Joint Trench and Street Lighting System and Phase 1 Offsite Joint Trench and Street Lighting System 4.Agreement Exhibit 1 - Vast Oak Property Phase 1 In-Tract Water Recycled Water Improvements 5.Agreement Exhibit 2  Vast Oak Property Phase In-Tract Joint Trench and Street Lighting System and Phase 1 Offsite Joint Trench and Street Lighting System 6.Agreement Exhibit 3 - Property Subject to Agreement 3 Attachment1 RESOLUTION NO. 2015- 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A PUBLIC IMPROVEMENT AGREEMENT WITH UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES L.P. FOR THEVAST OAK PROPERTY PHASE 1IN-TRACT RECYCLED WATERSYSTEM, IN-TRACT JOINT TRENCH AND STREET LIGHTING SYSTEM AND PHASE 1 OFFSITE JOINT TRENCH AND STREET LIGHTING SYSTEM AND FINDING THIS PROJECT COVERED BY THE UPDATED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN PROJECT AS AMENDED WHEREAS, on May 23, 2006, the City Council of the City of Rohnert adopted Resolution No 2006-141 approvingthe Final Environmental Impact Report (EIR) for the University District Specific Plan including a draft EIR, a recir to comments, changes, clarifications and corrections to the draft E appendices (together the 2006 EIR); and WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-032 approving an addendum to the 2006 EIR (together with the 2006 EIR collectively called the Updated Final EIR); and WHEREAS , on April 8, 2014, the City Council of the City of Rohnert Park a Resolution No. 2014-035, approving the Tentative Map for the University District Vast Oak Property, prepared by MacKay & Somps and dated February 2014 (th to certain conditions of approval; and WHEREAS , on April 22, 2014, the City Council of the City of Rohnert Par Ordinance Number 878 approving a Development Agreement (Development Agreement) between the City of Rohnert Park and Vast Oak Properties L.P. an (Developer); and WHEREAS , the Developer hassubmitted plans, specifications and drawings (Improvement Plans) for the in-tract recycled water system, joint trench and street light improvements and Phase 1 of the offsite joint trench and street light improvefor the Vast Oak Property Phase 1 development; and WHEREAS, the Improvement Plans have been reviewed by the City Engineer and have been determined to be technically accurate and in conformance wiConditions of Approval; and WHEREAS, the Developer has posted performance and labor and materials bonds in the amount of $1,888,360 to cover the construction of the improvements; and WHEREAS , the City and Developer desire to enter into an Improvement Agreement for the proposed construction to more thoroughly define the terms and conditions of the constr and dedication obligations under the Conditions of Approval and Development Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approvethe Public Improvement Agreement with University District LLC and Vast Oak Properties L.P. for the Vast Oak Property Phase 1 In-Tract Recycled Water System, In-Tract Joint Trench and Street Lighting System and Phase 1 Offsit Joint Trench and Street Lighting System attached as Exhibit A. BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed public meeting of June 9, 2015, the City Council of the City of Rohnert Park finds that the public improvements and activities were adequately described and mitigated in the Updated Final EIR, including any addenda and that no other CEQA analysis is warranted. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Public Improvement Agreement, in substantially similar form to that agreement attached hereto and incorporated by this reference as Exhibit A, subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 23rd day of June, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk CALLINAN: _________MACKENZIE: _________STAFFORD: _________BELFORTE:_________AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ( 2 ) Exhibit Ato Resolution RRB ) ECORDING EQUESTED Y AWRMT: ) ND HEN ECORDED AIL O ) City of Rohnert Park ) 130 Avram Avenue ) Rohnert Park, California 94928-2486 ) Attention: City Clerk ) ) (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICTLLCAND VAST OAK PROPERTIES L.P. FOR THE VAST OAK PROPERTY PHASE 1 IN-TRACT RECYCLED WATERSYSTEM, IN- TRACT JOINT TRENCH AND STREET LIGHTING SYSTEM AND PHASE 1 OFFSITE JOINT TRENCH AND STREET LIGHTING SYSTEM THIS PUBLIC IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ______ day of ______________ 2015 (the "Effective Date") by and between UNIVERSITY DISTRICT LLC, a Delaware limited liability corporation (University District), VAST OAK PROPERTIES L.P., a California limited partnership ("Vast Oak"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"), with reference to the following facts and intentions. University District and Vast Oak are collectively referred to herein as R E C I T A L S A.On April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-035, approving the Tentative Map for the University District Vast Oak Property, prepared by MacKay & Somps and dated February 2014 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B.On April 22, 2014, the City Council of the City of Rohnert Park No. 878 approving a Development Agreement with the Developer (the Development Agreement C.Both the Conditions and the Development Agreement require that the Developer provide adequate in-tract infrastructure for its development. D.The Developer has submitted plans, specifications and drawings for the recycled water system that will serve Phase 1 of the Vast Oak Development which were prepared by MacKay & Somps, Inc., and titled Vast Oak Phase 1 Improvement Plans, City of Rohnert Park, Califo sheets  hereinafter Vast Oak Phase 1 Improvement Plans). The Developer has also submitted plans, specifications and drawings for the in-tract and offsite joint trench and street lighting improvements will serve Phase 1 of the Vast Oak Development, which were prepay MacKay and Somps and titled XXXXXX (XX sheets  hereinafter Phase 1 Joint Trench Plans) Together these plans, specifications and drawings are the Improvement Plans . The infrastructure included in the Improvement Plans is illustrated in Exhibits 1 and 2. E.The Vast Oak Phase 1 Improvement Plans are on file in the office of the City Engineer and were approved by the City Engineer on the 8th day of April, 2015 for Domestic Water, Recycled Water, Sanitary Sewer and Storm Drain Systems only. F.The Phase 1 Joint Trench Plans are on file in the office of the City Enginee approved by the City Engineer on the ___ day of ___________ 2015 F. The Developer wishes to begin the construction illustrated on the Vast Oak Improvement Plans and the Phase 1 Joint Trench Plans and to complete that construction in phases. G. City and Developer desire to enter an agreement providing for th installation of the Improvements in accordance with the plans, specification and drawings described in Recital D. A G R E E M E N T NOW, THEREFORE, in consideration of the faithful performance of forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together with the Conditions and the requirements of Chapter 16.16 of the Rohnert Park Municipal Code (RPMC), are hereby incorporated into and form a material part of this Agreement 2. Purpose; Effective Date 2.1 Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's Conditions. 2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above 3. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit 3, attached hereto and incorporated by this reference. 4. Improvements 4.1 Duty to Install Improvements.Developer will design, construct, install and complete, or cause to be constructed, installed and completed, a the Improvements, in accordance with the Improvement Plans and to the satisfactihe City Engineer, in his/ her reasonable discretion. Developer will also supply all labor and accordance with the terms and conditions of this Agreement. The completion of the Improvements including all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." City shall not be responsible or liable for the maintenance or cunless and until City formally approves and accepts them in accordance with its policies and procedures. Ci exercise no control over the Improvements unless and until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at e risk of the Developer at all times prior to Citys acceptance of the Improve Improvements in a state of good repair until they are completed 2 by City. Such maintenance shall include, but shall not be limited to, repair of pavement, curbs, sidewalks, signals, parkways, water mains, and sewers; maintaini thriving condition reasonably acceptable to City; removal of debd storm drains; and sweeping, repairing, and maintaining in good and safe condition ments. It shall be Developers responsibility to initiate all maintenance promptly perform such maintenance work when notified to do so by City. If Developer prosecute its maintenance obligation under this section, City ma maintenance and the cost thereof shall be the responsibility of d its surety under this Agreement. Prior to undertaking said maintenance work, City agrees to notif deficiencies and the actions required to be taken by the DevelopExcept in an emergency, Developer shall have thirty (30) days from the date of the notice within remedy or cure the deficiency. If the written notification statt and relates to the public health and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any damages or injur way related to or caused by the Improvements or their condition 4.2. Completion Date. Developer will complete the Work within one year of the Effective Date or as required by the Amended and Restated Development Agreement and Developer, whichever is sooner. All Work will be completed in a good and workmanlike manner i accordance with accepted design and construction practices. Thi the City in its sole and absolute discretion at the request of D accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 6 shall remain enforceable throughout the term of the extension. 4.3. Estimated Cost of Work. The estimated cost of the Work is One Million Eight Hundred Eighty-five Thousand Three Hundred Sixty Dollars ($1,885,360). Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual cos significantly exceed this estimate, (b) this estimate in no way (c) that Developer is obligated to complete the Work at its own cost, expens 4.4. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors, or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such m necessary in order to complete the Work in a good and workmanlike manner in accordance wit design and construction standards. 4.5. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable discretion, with authority to act for and on behalf of Developer prior to commencement of the Work, shall be present on the Prope Work, and may not be changed without the advance notification to and satisfaction the City Engineer. 4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform thork. 4.7. Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvements Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance, including any encroachment permit required 3 to carry on construction activities in the City's right-of-way as in Section All work strict compliance with the City approved plans, performed on the Improvements shall be done in specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection and approval by City. All fees and costs construct the Improvements shall be borne solely by Developer (including the applicableInspectionFeeinaccordancewiththeCity'sadopted Engineering Fee Schedule). Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship 4.8. Examination of Work. All of the Work shall be performed to the satisfaction of the City Engineer, in his/her reasonable discretion. The City aauthorized agents shall, at all times during the performance of the Work, have free access to the Work Work and all materials used and to be used in the Work. 4.9. City's Inspection, Administration and Testing Costs. Developer shall pay to City the actual cost for all inspection, administration and testing s this Agreement, including those performed by consultants under c City agrees not to double charge Developer (through the imposition of both a p consultant charge) for any individual monitoring, inspection, te City agrees to limit its use of outside consultants to those reanably necessary or desirable, as determined by the City Manager or his designee in his reasonable inspection, administration and monitoring. The estimated cost for the inspection, administration and testing services is Twenty-eight Thousand, Two Hundred Eighty Dollars and Forty Cents ($28,280.40) (the "Estimated Cost"). Notwithstanding this estimate, Developer hereby acknowledges and (a) the actual costs to accomplish the requisite inspection, administration and monitoring may significantly exceed this estimate, (b) this estimate in no way (c) that Developer is obligated to reimburse the City for its actual cost, expense, and liability associated with said inspection, administration and monitoring. City will bill the Developer for the actual costs of inspection, administration and testing in a manner consistent wi Reimbursement Agreement between City and Developer dated January 10, 2006 and the Development Agreement Approved by City Ordinance 878 on April 22, 2014. 4.10 No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employeating the work complies with this Agreement, or acceptance of all or any portion of the thereof, or any combination of all of these acts shall not relief its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damage failure to comply with this Agreement. 4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52, Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into the storm drainage system. 4.12 Prevailing Wages. The work of the Improvements constitutes a "public work" as defined in the California Labor Code, section 1771, etseq("Labor Code Regulations"). Developer agrees and acknowledges that the construction of the Improvements is subject to the payment of prevailing wages and agrees to comply with the requirements of the Labor Code Regulations. Further, Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all claims, damages, suits or section. Developer agrees to actions arising out of or incident to Developer's obligations under this 4 satisfy, to the extent applicable, its obligation of registering with the Department of Industrial Relations and furnishing electronic certified payroll records to Senate Bill 854 (2014). 4.13. Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of Ordinance. work required and comply with the City's Business License 4.14. Repair of Work Damaged During Construction. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all publ private property (both real and personal) damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, De of such repair or payment from any owner whose private property whom Developer has paid the full cost of such repair in accordance with Section 4.14. City shall be under no obligation whatsoever to accept the Work completed unde all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer, except as otherwise provided in section 4.18.1. 4.15. Payments. Developer agrees that it will pay, when due, all those furnish or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Develo 6.1.2 of this Agreement shall not be released if any mechanics liens o said liens are released by bond in compliance with Civil Code section 3143. 4.16. Liabilityfor Work Prior to Formal Acceptance. Until the City has formally accepted the Improvements, Developer shall be solely responsible for all damage the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees. Developer shall replace or repair any portion of the Improvements that have been destroyed or damaged prior to final acceptance of completed work by the City. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer shall repair to the the utilitiessystems, concrete work, street paving satisfaction of the City Engineer any damage to connection with the Improvements work. or other public improvements that may occur 4.17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street, or private or public property damaged as a result of the to the owner whose property was damaged and (c) obtains the writr payment from any owner whose private property was repaired by De paid the full cost of such repair, Developer will provide City w together with copies of all written acceptances. 4.18. Final Acceptance. 4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 4.17 above, City Engine and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Eng and whether the written acceptances have been provided. If the 5 the City Engineer, not complete and satisfactory, and/or written acceptan the City Engineer will list the deficiencies that must be correc and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written not requirement for written acceptances may be waived by the City En/her reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptan Engineer's failure to respond to Developer's written notificatio deemed a breach or default under this Agreement. 4.18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 4.18.1, the City the Improvements, or a portion thereof, to the City Council. In the City Engineer will recommend the acceptance of the offers of ded the Property. The acceptance of the Improvements, offers of ded-of-way and easements, if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the C Sonoma County. 4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all Work performed under this Agreement and all materials used in the Work for a period of one (1) year after th acceptance of the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement or part of any Improvement installed or construc constructed by Developer, or any of the work done under this Agr requirements of the Improvement Plans or this Agreement, Developer shall, without delay and with cost to City, repair, replace or reconstruct any defective or ot Work or Improvement to the satisfaction of the City Engineer. S fail to act promptly, by failing to repair, replace or reconstruct work thirty (30) da accordance with this requirement, or should the exigencies of th or reconstruction to be made before Developer can be notified, City may, at its option, m necessary repairs, replacements or perform the necessary reconst City upon demand the actual cost of such repairs, replacements o 4.20. Record Drawings. Upon completion of the Improvements and prior acceptance by the City Council, Developer shall deliver to City one electronic file, in a format These drawings shall specified by the City Engineer, and one mylar copy of "as-built" drawings. engineer licensed by the State be in a form acceptable to the City Engineer, shall be certified by an of California as to accuracy and completeness, and shall reflect the Improvements as actually Developershall be solely responsible constructed, with any and all changes incorporated drawings. and liable for ensuring the completeness and accuracy of the record 4.21. Ownership of Improvements. From and after acceptance of Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City. 5. Community Facilities District; Intent to Reimburse. City and Developer acknowledge that each is working with the California Statewide C Authority to form a Community Facilities District to fund the construction of some of th infrastructure required by the Amended and Restated Development Developer and City. City and Developer acknowledge that the Improvements are in the 6 of infrastructure that is potentially eligible for funding through a Community Facilities District and that Developer's costs may be reimbursed with the proceeds o bonds at some future date. 6. Security. 6.1 Performance, Labor and Materials and Warranty Security. In accordance with Sections 16.16.060 through 16.16.070 of the Rohnert Park Municip deliver to City, within the times set forth below, the following issued by a surety company duly and regularly authorized to do general sur California, or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney. 6.1.1 Performance Security. Developer shall furnish and deliver performance security in the amount One Million Eight Hundred Eighty-five Thousand Three Hundred Sixty Dollars ($1,885,360), concurrently with the execution of this Agreement, which must me Government Code Section 66499.1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney. The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be releasedive upon the date of recordation of the notice of acceptance of the improvements as d4.18.2 and Developer's delivery of the Warranty Security described in Section 6.1.3. 6.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and materials securityin the amount of One Million Eight Hundred Eighty-five Thousand Three Hundred Sixty Dollars ($1,885,360)., concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Asecurity shall secure payment to the contractor(s) and subcontractor(s) performing the labor, materials or equipment to them. The City shall retain each security until both (i) the City accepts the Work in accordance with Section 4.18 above and (ii) the statute of limitations to file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be reduced by the City Engineer to an amount not less than the total amount claimed by have been recorded and notice given in writing to the City Councsecurity shall be retained until the final settlement of all such claims and oblig recorded, the security shall be released in full by the City Engineer. 6.1.3. Warranty Security. Developer shall furnish and deliver warranty security in the amount specified in section 16.16.070 c. of the Rohnert Park Municipal . The amount of Two Hundred Eighty-two Thousand Eight Hundred Four Dollars ($282,804) shall be provided upon acceptance of the Improvements and prior to release of the Performance Security. The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period (1) year following the date of recordation of the notice of acce defective work or labor done, or defective materials furnished. 6.2. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to the City may require either a cash deposit or a surety bond guaranteeing pe signed by sureties satisfactory to it. The condition of the secu perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to Agreement. 7 7 Indemnity and Insurance. 7.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, em and against any and all claims, liabilities, losses, damages or "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, omissions, or operations under this Agreement, including, the Work, whether such acts, omissions, or operations are by Dev contractors, subcontractors, agents or employees, except to the ex sole negligence or willful misconduct of the City. This indemnif payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of City, its elected officials, legal expenses and costs incurred by each of them. Developer shall defend the City as required by California Civil Code Section 2778, and with counsel reasonably acceptable to the City developer shall have no right to seek reimbursement from City for the costs of d. The aforementioned indemnity shall apply regardless of whether ored, supplied or approved plans and/or specifications for the Work or whether any insurance, workers compensation, disability or other employee benefit act required under this Agreement are applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acce under the provisions of this Agreement. Developers obligation t expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements with pr set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the e fails to obtain such indemnity obligations from others as requir responsible according to the terms of this section. Failure of Ctor compliance with these requirements imposes no additional obligations on City and will hereunder. 7.2. Insurance.Developer shall maintain Commercial General Liability Insurance protecting the City from incidents as to bodily injury liability and property damage liability that occur as a result of the Work and additional repairs. Developer and endorsements to City before any Work commences. The insuranc, at a minimum, contain, or be endorsed to contain, the following provisions: (1) The City, its officers, elected officials, employees, consultant volunteers are to be covered as additional insureds as respects out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afford officers, elected officials, employees, consultants, agents and (2) The amounts of public liability and property damage coverage shall not be less than $3,000,000 (Three Million Dollars) per occurrence for bodily injury, personal injury and property damage. (3) The insurance shall be maintained in full force until the work h to the satisfaction of the City Engineer. 8 (4) The insurance policy shall provide for 30 days notice of cancellation to the City. The policy shall not be cancelled earlier than nor the amount of reduced earlier than thirty (30) days after the City receives notice from the insurer of the intent of cancellation or reduction. (5) Any failure to comply with the reporting provisions of the polic the coverage provided to the City, its officers, elected officia consultants, agents and volunteers. (6) Developer's insurance coverage shall be primary insurance as res its officers, elected officials, employees, consultants, agents insurance or self-insurance maintained by the City, its officers, elected officials, employees, consultants, agents and volunteers shall be in excess insurance and shall not contribute to it. (7) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer an shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrati expenses. (8) Developer and Developer's insurance company agree to waive all r subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Developer's workers' compensati policy which arise from the work performed by Developer. (9)Developers insurance shall apply separately to each insured aga is made or suit is brought, and include a separation of insureds or severability clause which treats each insured separately, exce the limits of the insurer's liability (cross-liability endorsement). (10) It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insu requirements and/or limits shall be available to the Additional but not limited to any umbrella or excess insurance. Furthermore, the requirements for coverage and limits shall be the greater of: (a coverage and limits specified in this Agreement; or (b) the broa maximum limits of coverage of any insurance policy or proceeds a named insured. In the event that Developer's insurance is cancelled, Developer all work must cease as of the cancellation date until replacemen If Developer fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a materiCity, at its sole option, may terminate this Agreement and obtain damages froDeveloper resulting from said breach. Alternatively, City may purchase the required insurance coverage, and without furthe Developer, may deduct from sums due to Developer any premium costs advanced by City for such insurance. These remedies shall be in addition to any other remedies available to City. 9 7.3. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, an subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Comp in full force and effect. 7.4.Other Insurance Requirements. Developer shall (1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall clearly evidence all insurance required in this section and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage except on thirty (30) days prior written notice to City. (2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein. (3) Replace or require the replacement of policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements. (4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements. (5) Place all insurance required herein with insurers licensed to do business in California. 8. Breach of Agreement; Opportunity to Cure; Remedies. 8.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time or abandons the Work. (2) Developer assigns the Agreement without the prior written consen (3) Developer is adjudged bankrupt or makes a general assignment for creditors, or a receiver is appointed in the event of Developer' (4) Developer or Developer's contractors, subcontractors, agents or to comply with any terms or conditions of this Agreement. (5) Any delay in the construction of any portion of the Work or repa reasonable opinion of the City Engineer, endangers public or pri The City may serve written notice of breach and default upon Developer and the financial institution holding the security. 8.2. Breach of Agreement; Performance by City. If the City gives Developer notice, under Section 8.1, of breach and default of this Agreement, the City may proceed Work 10 by contract or other method the City considers advisable, at the immediately upon demand, shall pay the costs and charges related repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging Property and necessary for completion of the work. In the evention holding the security shall be liable to City to pay the face amo Section 6. 8.3. Remedies. City may bring legal action to compel performance of this Agre and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs. Developer agrees that if legal action is brought by Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. No failur or remedy hereunder shall operate as a waiver of any other right hereunder. 9. Miscellaneous. 9.1 Compliance with Laws.Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of thi cost and expense, obtain all necessary permits and licenses for ssary notices, pay all fees and taxes required by law and make any and all deposits utilities that will serve the development on the Property. Copie permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 9.2. Notices.Formal written notices, demands, correspondence and communicatio between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express indicated below, provided that a receipt for delivery is provide postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner either party may from time-to-time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney 11 Developer: University District LLC 500 La Gonda Way, Ste. 100 Danville, CA 94526 Attn: Mr. Kevin Pohlson Vast Oak Properties L.P. c/o Quaker Hill Development Corp. P.O. Box 2240 Healdsburg, CA 95448 Attn: Mr. Craig R. Harrington Notices delivered by deposit in the United States mail as provide shall be deemed to have been served two (2) business days after the date of deposit if addres California, and three (3) business days if addressed to an addre the State of California. 9.3 Attorney Fees. Should any legal action or arbitration be brought by either pa because of breach of this Agreement or to enforce any provision shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 9.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the in this Agreement. This Agreement may not be altered, amended or modified without t hereto. 9.5. Runs with the Land; Recordation.This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 9.6. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Site with the prior writt with any such assignment, Developer and its assignee shall execute and deliver t assignment and assumption agreement in a form acceptable to the 9.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 9.8. Severability. If any provision of this Agreement is held, to any extent, inv the remainder of this Agreement shall not be affected, except as provision, and shall remain in full force and effect. 9.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party 9.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partn and the Developer's relationship to the City, if any, arising he contractor. Developers contractors and subcontractors are exclusively and solely under the control dominion of Developer. Further, there are no intended third part obligation assumed by the Parties. 12 9.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, su hereto; provided, however, that this Agreement shall not be bind any portion of the Property unless this Agreement has been assigned pursuant to Section 9.6, in which event this Agreement shall remain binding upon Developer. 9.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Sonoma, State of California. 1 0.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 0.15. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 10.16. Headings. Section headings in this Agreement are for convenience only an not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 10.17. Authority. Each party executing this Agreement on behalf of a party repre and warrants that such person is duly and validly authorized to to bind and if such party is a partnership, corporation or trust trustee has full right and authority to enter into this Agreemen hereunder. 10.18 Joint and Several Liability. University District and Vast Oak agree to and shall be jointly and severally liable for all obligations of Developer un IN WITNESS WHEREOF, City and Developer have executed this Agreem Date. "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: By: City Manager Per Resolution No. 2015-____ adopted by the Rohnert Park City Council at its meeting of June 9, 2015. 13 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "DEVELOPER" University District LLC, ________________________________________ Dated: By: Kevin Pohlson Vice President By:_________________________________ Gregory Glenn Chief Financial Officer Vast Oak Properties L.P. ________________________________________ By: Craig R. Harrington General Partner 14 ACKNOWLEDGMENT 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. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved evidence to be the person(s) whose name(s) is/are subscribed to strument and acknowledged to me that he/she/they executed the same in his/her/their author signature(s) on the instrument the person(s), or the entity upon executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State o paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 15 ACKNOWLEDGMENT 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. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On __________________ before me, _______________________________ (here insert name and title of the officer) personally appeared _______________________________, who proved evidence to be the person(s) whose name(s) is/are subscribed to the within i to me that he/she/they executed the same in his/her/their author 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 o paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 16 ACKNOWLEDGMENT 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. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________ (here 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 to me that he/she/they executed the same in his/her/their author signature(s) on the instrument the person(s), or the entity upon executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State o paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 17 AGREEMENT EXHIBIT 1 RECYCLED WATER SYSTEM AGREEMENT EXHIBIT 2 (PAGE 1 OF 2) iN-TRACT jOINT TRENCH AGREEMENT EXHIBIT 2 (PAGE 2 OF 2) OFF-SITE JOINT TRENCH Agreement Exhibit 3 Property Covered by Agreement ItemNo.6.C.5 Mission Statement “We Care forOur Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date:June 23, 2015 Department: Public Works Submitted By:John McArthur, Director of Public Works and Community Services Prepared By: Angie Smith, Purchasing Agent Adopt Resolution Authorizing the Purchase of one (1)Altec AT37GAerial Agenda Title Bucket Truckin the amount of $99,758.55for the Public Works Departmentand Appropriating Unanticipated Revenue for the Purchase RECOMMENDED ACTION: City Council Adopt a Resolution Authorizing the Purchase of one (1) Altec AT37G Aerial Bucket Truck in the amount of $99,758.55 for the Public Works Department and authorizing the Finance Director to appropriate unanticipated revenue. BACKGROUND: Public Works currently has one (1) 15 year-old bucket truck that has reached the end of its useful service life and should be replaced. The existing bucket truck to expensive mechanical failures and can no longer be certified for performing electrical service (street light) work. Staff is recommending replacing the bucket truck with an Altec AT37G Aerial Bucket Truck. ANALYSIS: A reliable bucket truck is an essential specialty vehicle for PuThe existing bucket truck had an original service life expectancy of 10 years and is currently 15 years old and experiencing a multitude of mechanical issues. The Citys fleet maintenance program has effectively repaired and maintained the bucket truck so that an additional five years which is well beyond its expected service life. Staff has determined that attempting to extend the useful service life of the existing buc the Citys best interest. The existing bucket truck is unreliabrepairs to be able to operate safely. A new bucket truck is essential to support the ongoing maintenance needs of the Public Works Department. The Altec AT37G Aerial Bucket Truck is a commercial grade aerial bucket truck that is an industry standard. The bucket is insulated for performing electrical work, it provides an additional 5 foot of working height and the platform capacity is rated up to 400 lbs., which makes it safer for employees. The truck is designed to increasell maintenance costs. OPTIONS CONSIDERED: 1 Fleet maintenance staff has determined that the existing unit can no longer be cost effectively maintained and provide reliable service.Other options considered would be acquiring a newer bucket truck through a rental/lease agreement. Since streetlight maintenance and tree work is an ongoing function and used a bucket truck is daily for this purpose; leasing a bucket truck would be very expensive and not a good option to pursue. Purchasing the bucket truck through a Cooperative Purchasing Program with National Joint Powers Alliance Contract #031014-ALT offers the best value to the City. The Altec Aerial AT37G Bucket Truck is the industry standard with a twelve year service life expectancy. As per the City Ordinance, Section 3.04.080 allows for Cooperative Purchasing, the the right to purchase said bucket truck by way of cooperative purchasing. FISCAL IMPACT/FUNDING SOURCE: Sufficient funding is available to purchase the Altec Aerial AT37G Bucket Truck from unanticipated revenue received from the implementation of the FY2014-15 Cost Allocation Plan. However, savings in the FY 2014-15 Budget will be used first to the extent the savings can be identified. Total purchase price of Altec Aerial AT37G Bucket Truck is $99,758.55. Upon replacement, the existing bucket truck will be removed from the Citys fleet and disposed of at auction. VEHICLE REPLACEMENT FUNDS: Per City Council Vehicle Replacement Policy No. 415.37, approvedesolution No. 2011-56 on 6-28-2011, replacement funds will be set aside each fiscal year in th Replacement Fund in amounts based on each vehicles projected replacement value and expected service life. Department Head Approval Date:06-08-15 Finance Director Approval:06-17-15 City Manager Approval Date:06-17-15 City Attorney Approval Date:N/A Attachments: 1. Resolution 2 RESOLUTION NO. 2015-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE PURCHASE OF ONE (1)ALTEC AT37G AERIAL BUCKET TRUCK IN THE AMOUNT OF $99,758.55FOR THE PUBLIC WORKSDEPARTMENT AND AUTHORIZING THE FINANCE DIRECTOR TOAPPROPRIATE UNANTICIPATED REVENUE WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 pro the Citys purchasing functions shall be governed by the Citys WHEREAS, the Public Works Department, has funds availablein fiscal year 2014/2015 for the purchase of one (1) Altec AT37G Aerial Bucket Truck, and; WHEREAS, as per the City Ordinance No. 843, Resolution No. 2012-22 this bucket truck is available for purchase through a Cooperative Purchase Program with the National Joint Powers Alliance as per Contract #031014-ALT from Altec Industries, Inc. of Sacramento, California. WHEREAS , the total cost for one (1) Altec AG37T Aerial Bucket Truck is $99,758.55, and; WHEREAS, the purchase of one (1) Altec AG37T Aerial Bucket Truck will be fully funded through Public Works General Services, Streets, Mitigation, Water and Sewer operating budget and; WHEREAS, the City Council considered this Resolution at a duly noticed regular meeting on June 23, 2015 along with the staff report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the purchase for the aforementioned one (1) Altec AG37T Aerial Bucket Truck from the following authorized vendor at or below the following amount: Contractor Name Altec Industries, Inc., Sacramento, California $99,758.55 BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions necessary to effectuate this purchase, including the execution of documents pertaining to the same for and on behalf of the City of Rohnert Park; BE IT FURTHER RESOLVED that the Finance Directoris hereby authorized and approved to appropriate unanticipated FY 2014-15 Cost Allocation Plan revenue in an amount not to exceed $99,759 to effectuate the purchase from the Public001- 3420-400-9610. rd DULY AND REGULARLY ADOPTED this 23 day of June, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk CALLINAN:_________ MACKENZIE:_________ STAFFORD:_________ BELFOR AYES: ( ) NOES: ( ) ABSENT: ( ABSTAIN: ( ) ItemNo.6.C.6 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 AGENDAREPORT Meeting Date:June 23, 2015 Department: Development Services Submitted By:Mary Grace Pawson, Acting Development Services Director Prepared By: Art da Rosa, Deputy City Engineer Agenda Title:Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation (Project Number 2013-01), Awarding the Construction Contract to Argonaut Constructors, and Finding the Project Exempt from CEQA RECOMMENDED ACTION: Adopta Resolution Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation (Project Number 2013-01), Awarding the Construction Contract to Argonaut Constructors, and Finding the Project Exempt from CEQA. BACKGROUND: The Rohnert Park Expressway Rehabilitation Project is a federally funded project, with Federal Number of STPL-5379(020). The project description is pavement rehabilitation of Rohnert Park Expressway from State Farm Drive rehabilitation will consist of dig-outs and overlay. Existing lane configuration, including existing Class 2 bike lanes, will be maintained and enhanced bike lane markings will be added. The Project was advertised for construction on May 8, 2015, and bids were received and opened on June 11, 2015. While Rohnert Park Expressway from Commerce Boulevard to State Farm Drive is not part of this project, Engineering is developing Rohnert Park Expressway Rehabilitation Phase 2 (RPX Phase 2) project to cover this area. It will be done as a separate project, due to the inflexibility of federal funds. RPX Phase 2 is under design and it has reached t ANALYSIS: The City of Rohnert Park Municipal Code Title 3 Chapter 3.04 pro City's purchasing functions shall be governed by the city's purching policy. An invitation to bid was posted /published on May 8, 2015,in consistency with City of Rohnert Park Purchasing Policy, Section 3.6.6F Contracts for Public Projects, which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Account Act. One addendum was issued on May 29, 2015, for a second pre-bid meeting and to set a bid opening date from June 8, 2015 to June 11, 2015. The engineers estimate for the project was $2,063,516 including a 10% allowance for contingency. The City received four bids listed as follow: Contractor Bid Amount Argonaut Constructors$1,289,908.39 Team Ghilotti $1,371,984.00 1 Ghilotti Construction$1,392,206.96 Ghilotti Brothers $1,437,976.00 Staff andits design and construction management consultant reviewed the b responsiveness and contractor responsibilityand recommends award to Argonaut Constructors with a bid of $1,289,908.39. The contractor is found to be responsible and responsive. ENVIRONMENTAL ANALYSIS: This project is funded from several sources including federal funds. A National Environmental Policy Act (NEPA) Determination was approved on September 3, 2015, and determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR771.117(b). As such, excluded from the requirements to prepare an environmental asses impact statement. As for CEQA Determination, the scope of work is pavement rehabilitation. It is therefore categorically exempt from the California Environmental Quality Act (CEQA)under the CEQA Guidelines sections 15301 (Existing Facilities) and 15032 (Replaon). OPTIONS CONSIDERED: None. The recommended action is necessarytoallow for the construction of the Rohnert Park Expressway Rehabilitation Project and for the City to keep its commitment of delivering the federal funds already approved for this project. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the project is up to $1,483,394.65 (the $1,289,908.39 construction contract together with a 15% allowance for change orders). Due to the fact that the City received a favorable bid, a 15% contingency is requested to achieve more to on this project. The project is included in the Citys adopted Capital Improvemen-01 (310-1301-400-9901) approved by Resolution 2013-099. Funding sources for the project are: Federal (One Bay Area Grant): $1,103,000 Casino Impact Mitigation Contributions: $1,200,000 Department Head Approval Date:06/12/2015 City Manager Approval Date: City Attorney Approval Date:06/12/2015 Attachments (list in packet assembly order): 1.Resolution Approving and Adopting the Plans and Specifications for Rohnert Park Expressway Rehabilitation (Project Number 2013-01), Awarding the Construction Contract to Argonaut Constructors and Finding the Project Exempt from CEQA 2.Resolution Exhibit A - Construction Contract Agreement 2 RESOLUTIONNO. 2015-118 A RESOLUTION APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR ROHNERT PARK EXPRESSWAY REHABILITATION (PROJECT NUMBER 2013-01),AWARDING THE CONSTRUCTION CONTRACT TO ARGONAUT CONSTRUCTORS, AND FINDING THE PROJECT EXEMPT FROM CEQA WHEREAS , the Rohnert Park Expressway Rehabilitation Project (Project Number 2-01 and hereinafter Project) includes the rehabilitation of the existing pavement surface o Park Expressway from State Farm Drive to Snyder Lane; and WHEREAS , the plans and specifications for the Project were prepared by Coastland Civil Engineering, Inc., and approved by the City Engineer; and WHEREAS , the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS , consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedu (UCCAP) set forth in the Uniform Public Construction Cost Account Act, an invitation to bid was posted/published on May 8, 2015, for the Project; and WHEREAS , an addendum was issued on May 29, 2015, for a second pre-bid meeting and to set a bid opening date from June 8, 2015, to June 11, 2015; and WHEREAS, four bids were received on the bid opening date of June 11, 2015; and WHEREAS , Development Services staff determined that Argonaut Constructors submitted the lowest cost bid and is the lowest responsive and r with a bid amount of $1,289,908.39; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1.The above recitals are true and correct and material to this Resolution. 2.The plans and specifications for the Rohnert Park Expressway Rehabilitation Project No. 2013-01 are hereby approved and adopted. 3.The City Council finds that the Project is exempt from review under the California Environmental Quality Act (CEQA) because the scope of the project is pavement rehabilitation, and is therefore categorically exempt under CEQA Guidelines sect 15301 (Existing Facilities) and 15032 (Replacement or Reconstruction), and therefore directs staff to file a Notice of Exemption for the project. 4.In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all . 5.In accordance with California Public Contract Code Section 20160 other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of 1 Argonaut Constructors, for the Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law. 6.The City Manager is hereby authorized and directed to execute the contract with Argonaut Constructors, in substantially similar form to Exhibit A, for the sum of the base bid for the amount one million two hundred eighty nine thousand nine hundred eight dollars thirty nine cents ($1,289,908.39) for construction of the Project in accordance with the bid documents and applicable law upon submission by Argonaut Constructors, of all documents required pursuant to the Project bid documents. 7.The City Manager is hereby authorized to execute change orders iount not to exceed 15% of the base bid or one hundred ninety three thousand four hundred eighty six dollars and twenty six cents ($193,486.26). 8.City staff is hereby directed to issue a Notice of Award to Argonaut Constructors for this project. 9.This Resolution shall become effective immediately. 10.All portions of this resolution are severable. Should any indivi Resolution be adjudged to be invalid and unenforceable by a body jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged i The City Council of the City of Rohnert Park hereby declares that it would have a and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause,sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 23rdday ofJune, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk CALLINAN: _________BELFORTE: _________MACKENZIE: _________STAFFORD: _________AHANOTU:_________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ( 2 ) EXHBITA C O N T R A C T ROHNERT PARK EXPRESSWAY REHABILITATION PROJECT PROJECT NO. 2013-01 rd THIS AGREEMENT, made and entered into this 23day of June, 2015, by and between Argonaut Constructors, hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to performing the work hereinafter mentioned in accordance with the Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation s the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on June 23, 2015, the items and quantities of which are more particularly set forth in the Contractor's bid th City Clerk, except work to be performed by subcontractors as set forth in th for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within 85 calendar days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractors work and that Contractor shall diligently pursue performance of In the event the Contractor does not complete the work within th or within such further time as said City Council must have authomust pay to the City liquidated damages in the amount of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) per day for each and every day's delay in finishing the work beyond the so specified. Additional provisions with regard to said time ofmpletion and liquidated damages are set forth in the specifications, which provisions are hereby by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of $1,289,908.39. 1 LA #4834-0043-9827 v1 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreeme plans and specifications; special conditions; standard specifica standard plans; reference specifications. In the absence of a c in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5.Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of i agents will have control over the conduct of Contractor or any o employees, agents or subcontractors, except as expressly set forth in the Contract Contractor may not at any time or in any manner represent that i employees, agents, or subcontractors are in any manner officers, subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per classification or type of worker needed to execute this Contractbe on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, C Contractor must post at the work site, or if there is no regular principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevaili (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay specified prevailing rate of per diem wages to all workers employed in the executi contract. (Labor Code § 1774.) Contractor is responsible for c section 1776 relative to the retention and inspection of payroll 2 LA #4834-0043-9827 v1 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to employed in the execution of the Contract by Contractor or any s day, or portion thereof, in which the worker is paid less than the prevailing may also be liable to pay the difference between the prevailing to each worker for each calendar day, or portion thereof, for wher was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontracto properly registered apprentices in the execution of the Contract compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contrac applicable joint apprenticeship committee, must employ apprentic occupations in a ratio of not less than one hour of apprentices work for every fi labor performed by a journeyman (unless an exception is granted contribute to the fund or funds in each craft or trade or a like Apprenticeship Council, and that contractors and subcontractors must otherwise qualified employees as apprentices solely on the groun national origin, ancestry or color. Only apprentices defined inCode section 3077, who are in training under apprenticeship standards and who have writ be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and anr agree to comply, as applicable, with the labor and reporting requirements-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the C Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a will forfeit as a penalty to City the sum of $25.00 for each worecution of this Contract by Contractor or any subcontractor for each calend worker is required or permitted to work more than eight hours in hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (C 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontra tradesmen in any apprenticeable occupation to apply to the joint the site of the public works project and which administers the ahip program in that trade for a certificate of approval. The certificate will also fix the will be used in the performance of the Contract. The ratio of ap cases must not be less than one to five except: A.When unemployment in the area of coverage by the joint apprentic committee has exceeded an average of 15 percent in the 90 days p 3 LA #4834-0043-9827 v1 request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of it through apprenticeship training on an annual basis statewide or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize h life, safety, or property of fellow employees or the public at l specified task to which the apprentice is to be assigned is of shat training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered all of his Contracts on an annual average of not less than one a journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registere any apprenticeable trade on such Contracts and if other Contract making such contributions. The Contractor and any Subcontractor under him must comply with Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedulesay be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeshi offices. . 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons public works on any basis listed in subdivision (a) of Section 1 Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Gover contractor for public works who violates this section is subject imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) 4 (commencing with Section 3700) of the Labor Code of the State ornia, the Contractor is required to secure the payment of compensation to his employees and keep in effect adequate Workmen's Compensation Insurance. 4 LA #4834-0043-9827 v1 The undersigned Contractor is aware of the provisions of Sectionof the Labor Code which requires every employer to be insured against liability fo undertake self-insurance in accordance with the provisions of that Code, and wi such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance:To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited defense costs and liabilities of any nature that may be asserted Contractor, in whole or in part, arising out of Contractors activities hereu activities of other persons employed or utilized by Contractor i the Contractor in the performance of this Agreement excepting liue to the active negligence of the City. This indemnification obligation is not limitation on the amount or type of damages or compensation paya Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for peformance of the work under this Contract the insurance required by the Special Provis Contractor procure and maintain insurance shall in no way be con duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements im obligations on City and will in no way act as a waiver of any ri 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the wo impracticable to proceed, or when the City is prevented from pro act of God, by law, or by official action of a public authority.dition, the occurrence of any of the following is a default by Contractor under this Contr A. Contractor refuses or fails to prosecute the Work or any part th such diligence as will insure its completion within the time speitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment f benefit of creditors, or a receiver is appointed on account of C D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E.Contractor fails to make prompt payment to any subcontractor or 5 LA #4834-0043-9827 v1 material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty u Contract. Upon the occurrence of a default by Contractor, the Director wil of default on Contractor specifying the nature of the default and the steps needed to correct default. Unless Contractor cures the default within 10 days aft satisfactory arrangements acceptable to City for the correction fault are made, as determined by City, City may thereafter terminate t notice on Contractor. In such case, Contractor will not be enti payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately ser termination upon Contractors surety. The surety will have the pursuant to this Contract; provided, however, that if the surety d of its intention to take over and perform this Contract within f notice of termination or does not commence performance within 10days from the date of such notice, City may take over the Work and prosecute the same to co any other method it may deem advisable for the account and at th Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City ma so doing, take possession of, and utilize in completing the Workls, appliances, plant, and other property belonging to Contractor as may be on t necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the re Contractor, securities equivalent to the amount withheld must be agency, or with a state or federally chartered bank as the escrow ag moneys to the Contractor upon satisfactory completion of the con Securities eligible for substitution under this section must inc California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any sec withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of 6 LA #4834-0043-9827 v1 of the Contractor, the Contractor may direct the investment of t the Contractor shall receive the interest earned on the investments upon the provided for in Section 22300 for securities deposited by the Co completion of the Contract, the Contractor shall receive from thities, interest, and payments received by the escrow agent from the Cit section. Any escrow agreement entered into pursuant to this section must the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the de Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the u Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the written consent of City, which consent may be withheld in Citys sole di experience and qualifications of Contractor were material consid C. Binding Effect. This Agreement is binding upon the heirs, execut administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Docu is the entire, complete, final and exclusive expression of the P be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to th E. Modification of Contract. No amendment to or modification of th Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that modifications cannot be waived and that any attempted waiver wil F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be d which, when taken together, constitute one and the same instrume Contract will be considered executed when the signature of a party is delivered by facsim other electronic transmission. Such facsimile or other electron effect as an original signature. 7 LA #4834-0043-9827 v1 G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, conditi Party of any breach of the provisions of this Contract will not provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed an governed according to the laws of the State of California. Each par to review this Contract with legal counsel. The Contract will b and in accordance with its fair meaning. It will not be interprstrictly for or against either party. I.Severability. If any term, condition or covenant of this Contra declared or determined by any court of competent jurisdiction to unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforc J. Venue. In the event of litigation between the parties, venue in courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these pr executed by its officers, thereunto duly authorized, and Contrac, all on the day and year first above written. CITY OF ROHNERT PARKARGONAUT CONSTRUCTORS ____________________________________ Darrin Jenkins, City ManagerDate Name/Title Date Per Resolution No. 2015-______adopted by the Rohnert Park City Council at its meeting of June 23, 2015. ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney 8 LA #4834-0043-9827 v1 ItemNo.6.C.7 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 Meeting Date:June 23, 2015 Department: Human Resources Submitted By:Victoria Perrault, Human Resources Director Prepared By: Victoria Perrault, Human Resources Director Consideration and Adoptionof Employer-Employee Organization Agenda Title: Relations Resolution for the City of Rohnert Park RECOMMENDED ACTION: Adopt updated Employer-Employee Organization Relations Resolution for the City of Rohne Park. BACKGROUND: On January 10, 1977,the City Council adopted Resolution 77-07, Employer- Employee Organization Relations Resolution(EERR). The purpose of this Resolution is to provide orderly procedures for the administration of employer-employee relations between the City and its employee organizations pursuant to Chapter 10, Division 4, Title I of the Government Code of the State of California (Sections 3500 et seq.) also known as the Meyers- Milias-Brown Act (MMBA). It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that directly affect and primarily involve the wages, hours and employment of employees in appropriate units and that are not pr Law. ANALYSIS: On October 9, 2011, Assembly Bill646 was signed into law and amended the MMBA to require a new mandatory fact-finding impasse process. Effective as of January 1, 2012, if a l employer and its employee organization are unable to reach agreee employee organization (but not the employer) may request that th submitted to a fact-finding panel. This process is overseen by the California Public Relations Board (PERB), which administers the labor laws gover public sector labor- management relationships. The current City EERR (Resolution 77-07) must be amended to include the mandatory fact- finding impasse process in order to comply with the 2012 MMBA amendments. The Director of 1 Human Resources provided all bargaining unit representatives wit as well as a red-lined version with the proposed changes. All bargaining units had the opportunity to comment and make suggestions. Following input froining units the final version attached is recommended for approval by the City C Attached is Employer-Employee Organization Relations Resolution No. 2015-119which includes the mandated fact-finding impasse process in Section 10 and which supersedes and rescinds Employer-Employee Organization Relations Resolution 77-07. FISCAL IMPACT: There is no fiscal impact known at this time. Department Head Approval Date:NA City Manager Approval Date:6/17/15 Finance Director Approval Date:NA City Attorney Approval Date:5/26/15 Attachments (list in packet assembly order): 1.Employer-Employee Organization Relations Resolution 2 RESOLUTION NO. 2015-119 APPROVING AND ADOPTING AN EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK ARTICLE I  GENERAL PROVISIONS . Sec. 1. Statement of Purpose This Resolution implements Chapter 10, Division 4, Title 1 of th of California (Sections 3500 et seq.) the Meyers-Milias-Brown Act (MMBA) by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. It is the purpose of this Resolution to provide procedures for m with Recognized Employee Organizations regarding matters that directly affect and p wages, hours and other terms and conditions of employment of empiate units and that are not preempted by Federal or State Law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters which include among others: The exclusive right to determine the commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; reli lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government o all necessary actions to carry out its mission in emergencies; a over its organization and the technology of performing its work. Sec. 2. Definitions. As used in this Resolution, the following terms shall have the m a.Appropriate Unit means a unit of employee classes or positions pursuant to Article II hereof. b.City means the City of Rohnert Park, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herei c.Confidential Employee means an employee, who, in the course ofties, has access to information relating to the Citys administration -employee relations. d.Consult/Consultation in Good Faith means to communicate orally the purpose of presenting and obtaining views or advising of intctions; and, as distinguished from meeting and conferring in good faith regardin required scope of such meet and confer process, does not involve proposals and counterproposals in an endeavor to reach agreement subject to Article IV hereof. e.Day means calendar day unless expressly stated otherwise. f.Employee Relations Officer means the City Manager or his duly representative. 1 g.Impasse means that the representatives of the City and a Recogloyee Organization have reached a point in their meeting and conferrin where their differences on matters to be included in a Memorandu Understanding, and concerning which they are required to meet an so substantial and prolonged that further meeting and conferring would be futile. h.Management Employee means an employee having responsibility fo administering or managing the implementation of City policies or also supervises one or more employee other than himself, and who has the authority in the interest of the City to hire, transfer, suspend, lay off, discharge, assign, reward, and discipline other employees, or re them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is routine or clerical nature, but requires the use of independent judgment. i.Recognized Employee Organization means an employee organization which has been formally acknowledged by the City as the employee organizat the employees in an appropriate representation unit pursuant to ARTICLE II  REPRESENTATION PROCEEDINGS Sec. 3. Filing of Recognition Petition By Employee Organization. An employee organization that seeks to be formally acknowledged Employee Organization representing the employees in an appropria with the Employee Relations Officer containing the following information and documentation: a.Name and address of the employee organization. b.Names and titles of its officers. c.Names of employee organization representatives who are authorize behalf of the organization. d.A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the Ci e.A statement whether the employee organization is a chapter of, o or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such othe f.Certified copies of the Employee organizations constitution and by-laws. g.A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by e-mail and/or regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h.A statement that the employee organization has no restriction on on race, color, creed, sex or national origin. i.The job classifications or titles of employees in the unit claim the approximate number of member employees therein. j.A petition signed by thirty percent of the employees in the unit be appropriate thereby designating the employee organization to rep employment relations with the City. Such written proof shall be confirmation to the Employee Relations Officer or to a mutually disinterested third party. 2 k.A request that the Employee Relations Officer formally acknowled as the Recognized Employee Organization representing the employes in the unit claimed to be appropriate for the purpose of meeting and conferr The Petition, including all accompanying documentation, shall be complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Sec. 4. City Response to Recognition Petition. Upon receipt of the Petition, the Employee Relations Officer sha a.There has been compliance with the requirements of the Recognitiition, and b.The proposed representation unit is an appropriate unit in accor this Article II. If an affirmative determination is made by the Officer on the foregoing two matters, he shall so inform the petloyee organization, shall give written notice of such request for reco employees in the unit and shall take no action on said request f thereafter. If either of the foregoing matters are not affirmati Employee Relations Officer shall offer to consult thereon with suc employee organization, and, if such determination thereafter rem shall inform the organization of the reasons therefor in writing employee organization may appeal such determination in accordance with Sec. 10 o this Resolution. Sec. 5. Open Period for Filing Challenging Petition. Within thirty (30) days of the date written notice was given to recognition petition for an appropriate unit has been filed, another employee organization may file a competing request to be formally acknowledged as the recognized employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition pe evidencing proof of employee support in the unit claimed to be a and otherwise in the same form and manner as set forth in Sec. 3 of this Article petition seeks establishment of an over-lapping unit, the Employee Relations Officer shall call for a hearing on such over-lapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. The shall determine the appropriate unit or units in accordance with The petitioning employee organizations shall have fifteen (15) d determination is communicated to them by the Employee Relations conform to such determination or to appeal such determination pursuant to Sec. 10 of this Article II. Sec. 6. Election Procedure. The employee Relations Officer shall arrange for a secret ballot party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisio organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The choice of no organization shall also be included on the ballot. Employees entitled to vote in such election shall be permanent positions within the designated appropriate unit who weriod 3 immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period b authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an el-off election if it received a numerical majority of all valid votes cast in the election. In an elect where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolu 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to c shall be conducted by the American Arbitration Association. Costs of conducting elections shall be borne in equal shares by appearing on the ballot. In the event the petitioning organization has a majority of the currently on dues deduction and no valid challenging petition ha acknowledge the employee organization as the recognized employee organization. Sec. 7. Procedures for Decertification of Recognized Employee Organizati A Decertification Petition alleging that the incumbent Recognize longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of January of a recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of Understanding then having be whichever occurs later. A Decertification Petition may be filed representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under pe complete: a.The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for fur b.The name of the established appropriate unit and of the incumbent Employee Organization sought to be decertified as the representa c.An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, er relevant and material facts relating thereto. d.Proof of employee support that at least thirty (30) percent of tloyees in the established appropriate unit no longer desire to be represented Recognized Employee Organization. Such proof shall be submitted to the Employee Relations Officer or to a mutually agreed upon drd party within the time limits specified in the first paragraph of 4 An employee organization may, in satisfaction of the Decertifica under, file a Petition under this section in the form of a Recogn that evidences proof of employee support of at least thirty (30) percent and otherwise c of this Article. The Employee Relations Officer shall initially determine whether compliance with the applicable provisions of this Article II. If his determ shall offer to consult thereon with the representative(s) of suc organization, and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reaso employees or employee organization may appeal such determination 10 of this Article II. If the determination of the Employee Relations Officer is in determination is reversed on appeal, he shall give written notic Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a sec or about fifteen (15) days after such notice to determine the wi decertification, and, if a Recognition Petition was duly filed hereunder, the que Such election shall be conducted in conformance with Sec. 6 of t Sec. 8. Policy and Standards for Determination of Appropriate Units. The policy objectives in determining the appropriateness of units shall be the e unit on (1) the efficient operations of the City and its compati City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of i objectives require that the appropriate unit shall be the broade an identifiable community of interest. Factors to be considered shall b a. Similarity of the general kinds of work performed, types of qual and the general working conditions. b. History of representation in the City and similar employment; ex however, that no unit shall be deemed to be an appropriate unit solely on the which employees in the proposed unit have organized. c. Consistency with the organizational patterns of the City. d. Number of employees and classifications, and the effect of the administration of employer-employee relations created by the fragmentation of classificatio proliferation of units. e. Effect of the classification structure and impact on the stabili- employee relationship of dividing a single or related classification among two or more units. Notwithstanding the foregoing provisions of this Section, manage employees shall not be included in any unit. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete 5 retain, reallocated or delete modified classifications or positirom units in accordance with the provisions of this Section. Sec. 9. Procedure for Modification of Established Appropriate Units. Requests by employee organizations for modifications of establis considered by the Employee Relations Officer only during the perspecified in Sec. 7 of this Article II. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Sec. 3 of this Article, shall contain citations in support of the proposed modified unit in terms of the polic hereof. The Employee Relations Officer shall process such petiti this Article II. The Employee Relations Officer may on his own motion propose during the period specified in Sec. 7 of this Article, that an established unit be modified. T written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 8 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employ may be appealed as provided in Section 10 of this Article. If a to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organization units pursuant to Sec. 3 hereof. Sec. 10. Appeals. An employee organization aggrieved by a unitdetermination of the Employee Relations Officer may, within ten (10) days of notice of the determination, request the intervention of the California State Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, instead appeal the determination to the City Council within fifteen (15) days of no Officers determination or the termination of proceedings pursuant to Government Code Sections 3507.1 or 3507.3, whichever is later. The City Councils decision shall be binding. An employee organization aggrieved by a determination of the Employee Relations Officer that Recognition Petition (Sec. 3); Challenging Petition (Sec. 5) or Decertification or Recognition Petiti (Sec. 7)  or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 7)  has not been filed in compliance with the applicable provisions of this Article, may, within fifteen (15) days of notice of such determination, appeal Council for final decision. Appeals to the City Council shall be filed in writing with the C served on the Employees Relations Officer. The City Council shall commence to consider t within thirty (30) days of the filing of the appeal. The City Coiscretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding. ARTICLE III  ADMINSTRATION 6 Sec. 11. Submission of Current Information by Recognized Employee Organizions. All changes in the information filed with the City by a Recogniz items a. through h. of its Recognition Petition under Sec. 3 of to the Employee Relations Officer within fourteen (14) days of such change. Sec. 12. Payroll Deductions on Behalf of Employee Organization. Upon formal acknowledgment by the City of a Recognized Employee Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization authorization of employees in the unit represented by Recognized provided therefor by the City. The providing of such service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the Understanding and/or applicable administrative procedures. Sec. 13. Employee Organization Activities -- Use of City Resources. Access to City work locations and the use of City paid time, fac resources by employee organizations and those representing them provided for in Memoranda of Understanding and/or administrative procedures, shall be limi activities pertaining directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for ion meetings and elections, and shall not interfere with the efficiency, safety a Sec. 14. Administrative Rules and Procedures. The City Manager is hereby authorized to establish such rules ano implement and administer the provisions of this Resolution after organizations. ARTICLE IV  IMPASSE PROCEDURES Sec. 15. Initiation of Impasse Procedures. If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a together with a statement of its position on all disputed issues scheduled promptly by the Employee Relations Officer. The purpose of such impa a.To identify and specify in writing the issue or issues that rema b.To review the position of the parties in a final effort to resol issues; and c.If the dispute is not resolved, to discuss arrangements for the procedures provided herein. Sec. 16. Impasse Procedures. Impasse procedures are as follows: a.Mediation - If the parties agree to submit the dispute to mediation the dispute shall be submitted to mediation. The costs of mediation shall be borne equally. Mediation shall b conducted by a mutually agreed upon mediator, or a mediator suppnia 7 State Mediation and Conciliation Service. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any p time concerning the issues. b.Fact-Finding If after the impasse meeting described in Section 15 above, 1) t failed to agree to submit the dispute to mediation or 2) failed to agree on a mediator, or 3) failed to resolve the dispute through mediatio recognized employee organization may request that the parties d fact-finding panel. Mediation is not required prior to requesting th to a fact-finding panel. The request shall be accompanied by a statement t have been unable to effect a settlement. Such request may be fi 1.Not sooner than thirty (30) days, but no more than forty-five (45) days, following the appointment or selection of a mediator under Article IV Sect 2.If the dispute was not submitted to mediation, not later than th following the date that either party provided the other with written notice of a declaration of impasse. Within five (5) days after receipt of the written request, each serve as its member of the fact-finding panel. Within five (5) days after the selection of panel members by the parties, the Public Employment Relations Board (PERB) shall be asked to select a chairperson of the fact-finding panel. Within five (5) days after PERB selects a chairperson, the parties may mutually agree upon a perto serve as chairperson in lieu of the person selected by PERB. Within ten (10) days of its appointment, the panel shall meet wities or their representatives, either jointly or separately, and make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. All Fact-finding panel procedures and any findings and recommendations by the Fact-finding panel shall comply with of Government Code sections 3505.4 and 3505.5. In arriving at their findings and recommendations, the fact-finders shall consider, weigh, and be guided by all of the following criteria: 1.State and Federal laws that are applicable to the employer and employees. 2.Local rules, regulations, or ordinances. 3.Stipulations of the parties. 4.The interests and welfare of the public and the financial ability of the public agency. 5.Comparison of the wages, hours, and conditions of employment of the employe involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies. 6.The consumer price index for goods and services, commonly known of living. 7.The overall compensation presently received by the employees, in wage compensation, vacations, holidays, and other excused time, insurance and 8 pensions, medical and hospitalization benefits, the continuity a employment, and all other benefits received. 8.Any other facts, not confined to those specified in paragraphs ( inclusive, which are normally or traditionally taken into consideration i the findings and recommendations. (a) Additional facts that are normally or traditionally taken into consideration in making findings and recommendations, that the fact-finder shall also consider are: (i) Equitable employment-benefit relationships between job classifications and positions within the City. (ii) The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average consumer price index for goods and services, commonly known as the cost of living index. (iii) The benefits of job stability and continuity of employment. (iv) The difficulty, or lack thereof, recruiting and retaining qualified personnel. If the dispute is not settled within thirty (30) days after the appointmeFact- finding panel, or upon agreement of the parties within a longer period, the fact-finder(s) shall make written findings of fact and recommended terms of settlement, which shall be advisory only. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairman of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Recognized Emplo Organization. If these parties have not resolved the impasse with service of the findings and recommendations upon them, City shall make them public by submitting them to the City Clerk for consideration by the City with the Councils legislative consideration of the issues at im If the parties agreed to submit the impasse directly to the City after applicable mediation and fact-finding procedures have been exhausted, but no earlier than 10 days after the fact-finders written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Govern 3505.5 the City Council may, after holding a public hearing regarding the impasse, implement its last, best and final offer but shall not implement agreement. Any legislative action by the City Council on the impasse shall binding. Sec. 17. Cost of Impasse Procedure. The costs for the services of a mediator and fact-finder or chairman of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne 9 equally by the City and the Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs shall be borne by such party. ARTICLE V  MISCELLANEOUS PREVISIONS Sec. 18. Construction. This Resolution shall be administered and construed as follows: a.Nothing in this Resolution shall be construed to deny to any per organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law. b.This Resolution shall be interpreted so as to carry out its purp c.Nothing in this Resolution shall be construed as making the prov Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organization the right to particip cooperate, or encourage, directly or indirectly, any strike, sic stoppage or slowdown of work. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination have abandoned their employment; and employee organizations may rights accorded them under this Resolution and other City law for a period up to one (1) year from commencement of such activity. Sec. 19. Severability. If any provision of this Resolution, or the application of such circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstance other than those as to whic affected thereby. This Resolution supersedes and rescinds Employer-Employee Organization Relations Resolution 77-07. h DULY AND REGULARLY adopted this 23 day of June, 2015 CITY OF ROHNERT PARK ____________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTA 10 ItemNo.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 AGENDA REPORT Meeting Date:June 23, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Acting Director of Development Services Prepared By:Mary Grace Pawson, Acting Director of Development Services Agenda Title:Authorizing the City Manager to Execute an Agreement with the Sonoma County Water Agency for Water Conservation Program Services in an Amount Not-to-Exceed $80,000 RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute an Agreement with the Sonoma County Water Agency for Water Conservation Program Services in an amount not to exceed $80,000. BACKGROUND: On April 28, 2015, the City Council adopted an Interim Emergency Ordinance that allows the City to comply with the states most res including Governor Browns April 1, 2015 Executive Order calling conservation efforts and the State Water Boards Emergency Regul and May 6, 2015. Together these state mandates require that the ter use by 16% from 2013 levels and include specific water conservation measures that focus on reducing outdoor water use. The City has been responding to the states drought mandates sin through its own efforts and efforts of its customers, has reduced water use by approximately 11% from 2013 levels. These savings have been achieved largely through regional cooperation with the Sonoma Marin Water Saving Partnership (Partnership) which in Petaluma, Rohnert Park, Santa Rosa and Sonoma, the Town of Windsor and the Marin Municipal, North Marin and Valley of the Moon Water Districts. O amongst the lowest per capita use in California and the Partners coordinated message and coordinated water conservation measures t ANALYSIS: Because of the increased conservation requirements and the lengt City has been calling for conservation savings, staff is proposie the Citys water conservation program in order to provide our customers with addi new requirements. While the City does not have adequate staff resources to expand conservation activities internally, both the Sonoma County Water Agency (Agency) and the City of Santa Rosa have a staff of water conservation professionals. both the Agency and Santa Rosa for assistance. The Agency respon. Its staff is already providing similar service to other Agency contractors including the Town of Windsor and North Marin Water District. Staff is proposing a contract with Sonoma County Water Agency (Agency) to provide ind outdoor residential water audits and a large landscape audit program. The Agency has proposed a maximum cost of $160 for each audit and staff is recommending an $80,000 contract with the Agency which will fund approximately 500 audits. The Agencys cost for each audit can be reduced if multiple audits are consolidated in a single field visit to Rohnert Park. Staff will work 1 with the Agency to achieve this type of efficiency. These audits are foundational for helping customers to understand water saving options and the rebate programs availabl verifying that rebates result in water savings. The site inspections include a d customers and distribution of the Citys give-away water saving devices such as faucet aerators, shower timers and shut-off nozzles for hoses. Staff reviewed this recommendation with Councils Water Issues Committee on June 11, 2015, and the Committee supported this focused conservation effort. On June 9, 2015, staff requested Council direction on several ot the Citys water conservation program including a cash-for-grass rebate program and demonstration projects on City and private landscapes. Council r work to better define these program elements, their costs and th Committee emphasized this Council direction. Staff will continue to monitor Citys water use and will work to develop more detailed conserva consideration, should additional efforts be required to meet thed savings. OPTIONS CONSIDERED: 1.Authorize the City Manager to execute an Agreement with the Sonoma County Water Agency for Water Conservation Program Services in an amount not to exceed $80,000 (recommended action). This action will provide meaningful additional assistance to the Citys customers as we work together to meet the States mandated savings requirement. 2.Authorize the City Manager to execute an Agreement with the Sonoma County Water Agency for Water Conservation Program Services with a lower not-to-exceed amount. Staff is not recommending this option because it would reduce the amou be provided to customers. 3.Direct staff to implement a conservation program. This is not re does not have sufficient staff with the expertise necessary to undertake a conservati program. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $80,000. Funding would come from the Water Enterprise Fund. There are sufficient funds within the budget for this proposed contract. Department Head Approval Date:N/A City Manager Approval Date:06/17/2105 City Attorney Approval Date:06/09/2015 Attachments: 1.Attachment 1 - Reimbursement Agreement for the City of Rohnert Park Water Conservation Program Fiscal Year 2015/2016 2 Attachment1 For accessibility assistance with this document, please contact (707) 547-1900, Fax at (707) 544-6123, or TDD through the California Relay Service (by dialing 71 Reimbursement Agreement for the City of Rohnert Park Water Conservation Program Fiscal Year 2015/2016 This Agreement is between the Sonoma County Water Agency, a body corporate and politic of the State of California (hereinafter Water Agency), and City of Rohnert Park (hereinafter City). RECITALS A.City and Water Agency share the goal of promoting increased water use reduce operating costs, avoid or defer capital improvement costs associated with expansion of water supply and wastewater disposal systems, minimize associate meet the criteria and standards of state and federal regulatory B.The Restructured Agreement for Water Supply (Restructured Agreement) authorizes Water Agency to implement water conservation measures that are cost-effective and will reduce water demands on Water Agencys water transmission system. C.City and Water Agency are signatories to the Memorandum of Understanding R Water Conservation in California (MOU) as governed by the Califo Council (CUWCC). D.The MOU identifies water conservation Best Management Practices MPs) that achieve long-term reductions in per-capita water demand to improve supply reliability, reduce the im- term water shortage conditions, and provide a more accurate basi planning efforts. E.Water Agency and Cityhave cooperated to develop, implement, and fund a water conserva program and City desires Water Agencys assistance in developing and implementing Citys water conservation measures as described in Exhibit A, which is an int F.City is requesting services and materials from Water Agency for implementation and administra of Citys water conservation program and will reimburse Water Agency fo G.Water Agency and City do mutually desire to cooperate in the implementation of Citys water conservation program. AGREEMENT City and Water Agency agree as follows: 1.RECITALS A.The above recitals are true and correct. 2.DEFINITIONS A.For the purposes of this Agreement the following terms and defin Reimbursement Agreement for the City of Rohnert Park Water Conservation Program 1 Fiscal Year 2015-16 1)Participants: City-approved water customers who apply to participate in individual Measures as described in Exhibit A. 2)Regional Program Measures: Water conservation Measures described in Exhibit A that are implemented by Water Agency on behalf of multiple municipali 3.COORDINATION A.City shall coordinate work with Water Agencys Representative. Conta Water Agency City Water Agency Representative:City Representative: Carrie Pollard, Water Agency Programs Marc Bautista, Environmental Specialist, or assigned personnel Compliance Specialistor assigned personnel Sonoma County Water Agency City of Rohnert Park 404 Aviation Boulevard 130 Avram Avenue Santa Rosa, CA 95403-9019 Rohnert Park, CA 94928 Phone: 707-547-1968 Phone: 707-588-2235 Email: Carrie.Pollard@scwa.ca.gov Email: mbautista@rpcity.org 4.CITY'S RESPONSIBILITIES Assist Water Agency with administration of Program as follows: A.Direction: Provide Water Agency Representative with requested policy and/ during Program. B.Marketing Data: Provide Water Agency Representative with access to water custo billing data to be used for marketing various water conservation C.Applicant Review: Review the Water Agency-submitted list of applicants requesting Program rebates/incentives to determine if applicant is a qualif rebate/incentive. D.Record Keeping: Maintain complete and accurate records of all transactions in with generally accepted accounting principles for enterprise accounting as promulgated by the American Institute of Certified Public Accountants and the G Standards Board. Such records shall be available to Water Agency inspection and analysis. E.Payment: Make payment to Water Agency as specified in Paragraph . 6 5.WATER AGENCY'S RESPONSIBILITIES A.Coordination: Coordinate, document, and report on the Regional Program Measures that Water Agency performs, including management, administration, bud-up of Measures described in Exhibit A and provide staff to respond to from City customers, as needed. B.Collateral Materials: Design and produce Program brochures and applications, as appl and approved by City. C.Regional Programs: Administer Regional Program Measures as described in Exhibit A. Reimbursement Agreement for the City of Rohnert Park Water Conse 2 Fiscal Year 2015-16 D.Quarterly Reports: Prepare quarterly reports summarizing status of Measures compl Water Agency and submit the report to City and to Water Agencys General Manager. E.Record Keeping: Water Agency will maintain complete and accurate records of al Agency costs and transactions associated with performance of Wat responsibilities under this Agreement in compliance with general principles for enterprise accounting as promulgated by the America Public Accountants and the Governmental Accounting Standards Boa be available to City at all reasonable times for inspection and analysis. 6.FUNDING A.Payment to Water Agency: 1)Amount: City shall pay Water Agency for services and materials authorized and under this agreement. Total amount paid to Water Agency shall not exceed $80,000. Reimbursement amount shall be determined based on current weight including overhead, for Water Agency representative listed in Pa3.Aand assigned support staff, plus actual costs of applicable material 2)Invoices: Water Agency shall invoice City quarterly for reimbursement of expenses incurred by Water Agency for Program. Invoices submitted to City by Water Agency shall include a complete cost accounting by Measure and be clear Agencys invoice number and Reimbursable Agreement for the City of Rohnert Park, Water Conservation Program Funded in Fiscal Year 2015/2016, TW 14/15-129. Upon receipt, review, and approval of invoice and Quarterly Status ReCity will pay Water Agency for Program costs as authorized herein and itemized in sa 7.MUTUAL INDEMNIFICATION A.Each party shall indemnify, defend, protect, hold harmless, and officers, agents, and employees, from and against any and all cl damages, causes of action, liability, costs, or expense (includittorneys fees and witness costs) arising from or in connection with, or caused by any act, such indemnifying party or its agents, employees, contractors, s This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the agents, employees, contractors, subcontractors, or invitees unde acts, disability benefit acts, or other employee benefit acts. 8.TERM OF AGREEMENT A.This Agreement shall remain in effect until depletion of the not-to-exceed amount listed in Paragraph 6, or until June 30, 2017, whichever occurs first, unless terminated earlier in accordance with the provisions of Paragraph 9. 9.TERMINATION OF AGREEMENT A.This Agreement may be terminated by either party for any reason days written notice by either party. Water Agencys right to texercised by Water Agencys General Manager. Reimbursement Agreement for the City of Rohnert Park Water Conse 3 Fiscal Year 2015-16 10.ADDITIONAL REQUIREMENTS A.Authority to Amend Agreement: Changes to the Agreement may be authorized only by written amendment to this Agreement, signed by both parties. Mi not increase the amount paid under the Agreement, and which do not significantly chan the Agreement or significantly lengthen time schedules may be ex Agency's General Manager in a form approved by County Counsel. authority, neither Water Agency nor City is under any obligation to approve such amendments. B.No Waiver of Breach: The waiver by Water Agency of any breach of any term or promis contained in this Agreement shall not be deemed to be a waiver of such term or promise or any subsequent breach of the same or any other term or promise c Agreement. C.Construction: To the fullest extent allowed by law, the provisions of this A construed and given effect in a manner that avoids any violation regulation, or law. The parties covenant and agree that in the on of this Agreement is held by a court of competent jurisdiction to b unenforceable, the remainder of the provisions hereof shall rema and shall in no way be affected, impaired, or invalidated thereb City and Water Agency acknowledge that they have each contributed to Agreement and that, in the event of a dispute over the interpret the language of the Agreement will not be construed against one party in favor of the other. City and Water Agency acknowledge that they have each had an adequate consult with counsel in the negotiation and preparation of this Agreement. D.No Third-Party Beneficiaries: Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in thi E.Applicable Law and Forum: This Agreement shall be construed and interpreted according to the substantive law of California excluding the law of conflicts terms of this Agreement or for the breach thereof shall be broug of Sonoma. F.Captions: The captions in this Agreement are solely for convenience of reference. They are not a part of this Agreement and shall have no effect on its con G.Merger: This writing is intended both as the final expression of the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement, pursuant to Code of Civ 1856. No modification of this Agreement shall be effective unle modification is evidenced by a writing signed by both parties. H.Survival of Terms: All express representations, waivers, indemnifications, and l liability included in this Agreement will survive its completion I.Time of Essence: Time is and shall be of the essence of this Agreement and every provisio hereof. Reimbursement Agreement for the City of Rohnert Park Water Conse 4 Fiscal Year 2015-16 IN WITNESS WHEREOF, the parties hereto have executed this Agreem TW 14/15-129 Reviewed as to substance: By: Water Agency General Manager Reviewed as to funds: By: Water Agency Division Manager - Administrative Services Approved as to form: Approved as to form: By: By: Deputy County Counsel City Attorney Sonoma County Water Agency City of Rohnert Park By: By: Chair, Board of Directors Mayor Date: Date: Attest:Attest: By: By: Clerk of the Board City Clerk Reimbursement Agreement for the City of Rohnert Park Water Conse 5 Fiscal Year 2015-16 EXHIBIT A Water Conservation Program Summary Regional Program Measures Regional Water Smart Home Project Task Number = 7124A1 City will participate in and Water Agency will coordinate the Water A Home Program. Water Agency will perform a site evaluation of in-using fixtures and then provide a report with a list of water savings recommendCity. Water Agency will provide City with copies of the Participant reports. Regional Large Landscape Water Use Survey Project Task Number = 7124 City may participate in and Water Agency will coordinate the Water Ag Landscape Water Use Survey Program. Water Agency will offer and perform large landscape water usesurveys as requested by City. The Large Landscape Water Use Survey includes measurement of landscape area, measurement of total irrigable area, irrigation systems check, danalysis, development of irrigation schedules, and Participant survey report. Water Agency will providCitywith copies of Participant Reports. Reimbursement Agreement for the City of Rohnert Park Water Conservation Program A-1 Fiscal Year 2015-16 0 i rr H V V k U � N CC o a COO •� Q a A N () N a) a) O C C a) N U a) U U > _� — > i 4 0> i�c Q ca N > Q. 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C Oa) me i N O U N O "a =?� -2 C 7 O C 'C S � U Q L 7 � m N U N O C-6 3 E cu 7 �O O U 3 c c in aU m O (D id cu Q c° m � .c a) ++ Q L y 'O L 0 0 O cn L O Q C U cn c O O O p ._ d ..- N-0 =0) N U L U O LZ : m (!J U7 ItemNo.10 Mission Statement “We Care for Our Residents by Working Together to Build a BetterCommunity for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: June 23, 2015 Department: Development Services Submitted By: Eydie Tacata, Management Analyst Prepared By: Eydie Tacata, Management Analyst Development Services Cost Recovery Annual Report –FY 2014-15 Agenda Title: RECOMMENDED ACTIONS: Consider Development Services Cost Recovery Fees Annual Report - FY 2014-15, accept and file. BACKGROUND: The Rohnert Park Municipal Code, Chap. 3.32 Cost Recovery  Fee Service Charge System (Cost Recovery Ordinance) provides for the establishment of user fees for recovery of the costs of the city in providing certain services, products and regulatoa review of these fees and an annual report to include: 1.The services for which cost recovery fees are charged; 2.The amount of the cost recovery fee charged for each service; 3.The percentage of actual costs recovered by each cost recovery f 4.Recommendations for modifications to the services for which cost charged, the amounts of cost recovery fees or the percentage of costs recovered in order to assure that the cost recovery fees continue to recover the re share of costs from applicants requesting services. This staff report and the attached fee schedules include the required information. The report also provides an overall review of the departments cost recovery program and the over the past fiscal year. DISCUSSION: Development Services provides consultations, plan review, permitting and inspections for residential, commercial, and industrial development within Rohnert Park. The department recovers its costs for these services in accordance with approvefee schedules, of which those in effect at this time and throughout this past fiscal year are attached to this report. (The last fee schedule update approved by the City Council in April 2015 will will be the subject of next years annual cost recovery report.) Most of the fees in the current fee schedules are set at 100% cost recovery level, with the exception of a few 1 adjusted in consultation with the City Council and other stakeho concerns. Fiscal Year 2014-15Review Development Services cost recovery fee program is expected to generate over $880,000 by the end of Fiscal Year 2014-15 (FY 2014-15) from the services provided to permit and development applicants and represented in the attached fee schedThe table below summarizes the departments cost recovery fee revenues for FY 2014-15 as well as prior years: Development Services Fee Revenues FY 12-13FY 13-14FY 14-15FY 14-15FY 15-16 YTD Variance (through from Proposed Revenue AccountsActualActualBudget 5/31/15)budgetBudget Building -Plan Check $164,320 $104,129 $105,000 $203,902 193.8%$230,000 Building -Permits/Inspection $231,005 $309,701 $235,000 $370,384 157.2%$435,000 Planning  Flat fee applications $107,433 $81,591 $90,000 $53,171 58.1%$90,000 Engineering -Plan Check/Permits $228,487 $300,332 $110,000 $127,481 115.9%$125,000 Planning - Zoning Clearance $14,195 $16,065 $14,000 $18,274 129.3%$16,000 Planning  Cost Recovery $60,874 $25,700 $60,028 233.6%$40,700 Engineering -Cost Recovery $42,346 $41,500 $49,208 118.6%$41,500 TOTAL FEE REVENUE$745,439 $915,038 $621,200 $882,448 141.7%$978,200 Department budget$788,683 $1,036,220 $1,088,175 $1,088,175 $1,381,467 Percentage of department budget offset by fee revenue 94.5% 88.3% 57.1% 81.1% 70.8% As shown in the table above,in FY 2014-15, Development Services has exceeded its fee revenue target by 24% and will recover over 81% of its budgeted operational costs. The rest of the departments operational expenses are fully covered by a combination of direct billing for processing the specific plans; funds from the capital project fund to offset services provided on major construction projects; water and sewer enterprise funds for staff support to utilities; and transfers from other restricted funds (for example, General Plan Maintenance Fee Funds to off department expenses for the ongoing implementation of the General Plan). This years notable increase in actual compared to budgeted revenuesis attributed to the permitting and inspection of the 244-unit Fiori Estates apartments, Amys Kitchen drive-through restaurant, Park Plaza shopping center exterior renovations and Sonoma Mountain Village tenant improvements; grading permits and inspection for Oxford Suites; and plan check of the 81-unit multi-family residential project, The Reserve at Dowdell. For next fiscal year, revenues are projected with an overall increase from the FY 2014-15 budget specifically in building plan check revenues and building permit and inspection revenues. The 2 Reserve at Dowdell has completed plan check and is expected to pull building permits for its 18 buildings. Significant residential development is expected to b on the east side of Rohnert Park, including plan check and inspection of 10 model homes and 30 production homes in University District, Vast Oaks Phase 1, and 6 model homes and 19 production homes in the Southeast Specific Plan. Staff believes that adequate cost recovery was achieved for FY 2014-15 with the current fee schedule and that the fees were set appropriately. Since the fee schedule was recently updated in April 2015 to inc well as an annual fee escalator based on the Consumer Price Index, staff has no further recommendations at this time for changes to the fee schedule, adjustments to the amounts of cost recovery, or adjustments to the services provided. Staff will monitor the implementation of the new fee schedule and the resulting cost recovery, and at an appropriate time or with the next annual report, will return to the City Council with adjustments if any are needed. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the recommended action for the City recovery annual report and to file and accept the report. Department Head Approval Date:06/08/2015 City Manager Approval Date:06/08/2015 City Attorney Approval Date:N/A Attachments: Attachment A: Building Fee Schedule and Cost Recovery Percentage Attachment B: Planning Fee Schedule and Cost Recovery Percentages Attachment C: Engineering Fee Schedule and Cost Recovery Percent 3 AttachmentA BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees New Construction Occupancy Group R /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Cost for each Cost for each Percentage of Project Additional 100 SF Additional 100 SF service cost IBCSizeBase Cost @ Base Cost @ or fractional part or fractional part recovered through ClassIBC Occupancy TypeThresholdThreshold SizeThreshold Size thereofthereoffee 5,000 R-1Residential - Hotels & Motels$7,061$16.12$5,649$12.90100% 25,000 $10,285$6.22$8,228$4.97100% 50,000 $11,839$12.54$9,471$10.03100% 100,000 $18,109$4.32$14,487$3.45100% 250,000 $24,586$3.18$19,669$2.54100% 500,000 $32,526$2.34$26,021$1.87100% Apartments, Permanent 1,500 R-2$5,571$41.83$4,457$33.47100% 7,500 $8,081$16.59$6,465$13.27100% 15,000 $9,325$32.69$7,460$26.15100% 30,000 $14,228$11.36$11,382$9.09100% 75,000 $19,340$8.31$15,472$6.65100% 150,000 $25,573$6.08$20,458$4.86100% 1,000 R-3$3,354$33.60$2,683$26.87100% Dwellings - Custom Homes, Models, First Master Plan 2,500 $3,858$21.00$3,086$16.80100% 3,500 $4,068$39.47$3,254$31.60100% 5,000 $4,660$65.33$3,728$52.27100% (See Note 3 below) 6,500 $5,640$35.73$4,512$28.60100% 8,000 $6,176$19.54$4,941$15.65100% 1,000 R-3$360$0.00$288$0.00100% Dwellings - Plot Plan Check (Production Phase) 2,500 $360$0.00$288$0.00100% 3,500 $360$0.00$288$0.00100% 5,000 $360$0.00$288$0.00100% (See Note 4 below) 6,500 $360$0.00$288$0.00100% 8,000 $360$0.00$288$0.00100% R-3 Additions 50 R-3$283$170.00$226$136.0825% 250 $623$156.80$498$125.4435% 500 $1,015$170.80$812$136.6450% 1,000 $1,869$88.13$1,495$70.5260% 2,500 $3,191$96.92$2,553$77.5275% 5,000 $5,614$106.59$4,491$85.21100% NOTES: (1)Projectsizeforplancheckfeecalculationpurposesisgrosssquarefootageasmeasuredfromtheoutsideof exteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor ConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. (3)RefertocurrentMasterPlanPolicyandProceduresforapplicationoffees. (4)RefertoPlotPlanCheckandProductionPhaseInspectionsPolicyforapplicationoffees. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees New Construction Occupancy Group R /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Cost for each Cost for each Percentage of ProjectBase Cost Base Cost Additional 100 SF Additional 100 SF service cost IBCSize@ Threshold @ Threshold or fractional part or fractional part recovered ClassIBC Occupancy TypeThresholdSizeSize thereofthereofthrough fee 5,000 R-1Residential - Hotels & Motels$11,181$9.67$8,945$7.74100% 25,000 $13,115$18.82$10,492$15.05100% 50,000 $17,819$11.18$14,255$8.95100% 100,000 $23,410$8.05$18,728$6.44100% 250,000 $35,484$7.72$28,387$6.17100% 500,000 $54,778$7.40$43,822$5.91100% Apartments, Permanent 1,500 R-2$4,421$12.17$3,537$9.73100% 7,500 $5,151$24.65$4,121$19.72100% 15,000 $7,000$14.93$5,600$11.94100% 30,000 $9,239$10.50$7,391$8.40100% 75,000 $13,964$10.14$11,171$8.11100% 150,000 $21,570$9.79$17,256$7.83100% 1,000 R-3$3,225$60.20$2,580$48.13100% Dwellings - Custom Homes, Models, First Master Plan 2,500 $4,128$9.20$3,302$7.40100% 3,500 $4,220$78.27$3,376$62.60100% 5,000 $5,394$58.07$4,315$46.47100% (See Note 2 below) 6,500 $6,265$40.40$5,012$32.33100% 8,000 $6,871$28.11$5,497$22.49100% 1,000 R-3$2,666$50.33$2,133$40.27100% Dwellings - Production Phase Permitting and Inspections 2,500 $3,421$38.90$2,737$31.10100% 3,500 $3,810$44.07$3,048$35.27100% 5,000 $4,471$47.60$3,577$38.07100% (See Note 3 below) 6,500 $5,185$34.27$4,148$27.40100% 8,000 $5,699$24.67$4,559$19.72100% R-3 Additions 50 R-3$302$101.00$241$80.9825% 250 $504$187.60$403$149.9235% 500 $973$112.80$778$90.2850% 1,000 $1,537$91.73$1,229$73.3960% 2,500 $2,913$122.52$2,330$98.0375% 5,000 $5,976$163.64$4,781$130.94100% NOTES: (1)Projectsizeforinspectionfeecalculationpurposesisgrosssquarefootageasmeasuredfromtheoutside ofexteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor VBby1.50. ConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVA (3)RefertocurrentMasterPlanPolicyandProceduresforapplicationoffees. (4)RefertoPlotPlanCheckandProductionPhaseInspectionsPolicyforapplicationoffees. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees New Construction Occupancy Groups A, B, & E /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Base Cost Cost for each Cost for each Percentage of Project@ @ Additional 100 Additional 100 service cost IBCSizeThreshold Threshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSize Size part thereofpart thereofthrough fee A-11,500 $6,503$50.62$5,202$40.50100% All A Occupancy Types (Excluding restaurants, Assembly & TI's) $9,540$21.13$7,632$16.91100%7,500 $11,125$39.31$8,900$31.45100%15,000 $17,021$13.57$13,617$10.86100%30,000 $23,128$9.92$18,502$7.94100%75,000 $30,570$7.25$24,456$5.81100%150,000 Assembly - food and drink A-2 $1,536$179.40$1,229$143.5050%250 Restaurants, night clubs, bar $3,330$143.60$2,664$114.8875%1,250 $5,125$108.56$4,100$86.84100%2,500 $7,839$37.33$6,271$29.87100%5,000 $10,639$27.43$8,511$21.94100%12,500 $14,068$20.16$11,254$16.12100%25,000 A-3, A-4500 $2,869$65.70$2,295$52.55100% Small assembly bldgs, indoor sport viewing arena, skating rink, tennis court $4,183$23.92$3,346$19.16100%2,500 $4,781$50.86$3,825$40.68100%5,000 $7,324$17.53$5,859$14.02100%10,000 $9,953$12.91$7,962$10.33100%25,000 $13,180$9.51$10,544$7.61100%50,000 A-51,500 $7,124$53.73$5,699$42.98100% Outdoor activities, amusement park, skating rink, tennis court $10,348$20.71$8,278$16.57100%7,500 $11,901$42.00$9,521$33.60100%15,000 $18,201$14.46$14,561$11.57100%30,000 $24,710$10.67$19,768$8.54100%75,000 $32,713$7.87$26,170$6.30100%150,000 B500 $3,724$83.95$2,979$67.15100% All B Occupancy Types (Buildings or spaces $5,403$33.60$4,322$26.88100%2,500 used for service type transactions, including $6,243$229.32$4,994$183.46100%5,000 storage of records and accounts; restaurants $17,709$42.23$14,167$33.79100%10,000 with less than 50 people. Not including office and TI's) $24,044$30.98$19,235$24.78100%25,000 $31,788$22.73$25,430$18.17100%50,000 BProfessional Office500 $2,578$62.10$2,062$49.70100% $3,820$24.80$3,056$19.84100%2,500 $4,440$49.90$3,552$39.92100%5,000 $6,935$17.17$5,548$13.74100%10,000 $9,511$11.80$7,609$9.44100%25,000 $12,460$8.11$9,968$6.49100%50,000 All E Occupancy Types (Excluding TI's) E $4,889$75.37$3,911$60.30100%750 $7,150$28.21$5,720$22.56100%3,750 $8,208$57.93$6,566$46.35100%7,500 $12,553$20.09$10,042$16.08100%15,000 $17,074$14.72$13,659$11.77100%37,500 $22,593$10.79$18,074$8.62100%75,000 NOTES: (1)Projectsizeforplancheckfeecalculationpurposesisgrosssquarefootageasmeasuredfromtheoutsideof exteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor ConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees New Construction Occupancy Groups A, B, & E /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Cost for each Cost for each Percentage of ProjectBase Cost @ Base Cost @ Additional 100 SF Additional 100 SF service cost IBCSizeThresholdThreshold or fractional part or fractional part recovered ClassIBC Occupancy TypeThresholdSizeSize thereofthereofthrough fee A-11,500 $5,693$16.30$4,554$13.05100% All A Occupancy Types (Excluding restaurants, Assembly & TI's) $6,671$32.20$5,337$25.76100%7,500 $9,086$18.95$7,269$15.16100%15,000 $11,929$13.60$9,543$10.88100%30,000 $18,048$13.06$14,438$10.45100%75,000 $27,841$12.54$22,273$10.03100%150,000 Assembly - food and drink A-2 $1,186$90.70$949$72.6350%250 Restaurants, night clubs, bar $2,093$137.36$1,675$109.8675%1,250 $3,810$47.84$3,048$38.28100%2,500 $5,006$34.00$4,005$27.20100%5,000 $7,556$32.66$6,045$26.12100%12,500 $11,638$31.37$9,310$25.08100%25,000 A-3, A-4500 $2,294$19.45$1,835$15.55100% Small assembly bldgs, indoor sport viewing arena, skating rink, tennis court $2,683$37.04$2,146$29.64100%2,500 $3,609$22.70$2,887$18.16100%5,000 $4,744$16.48$3,795$13.19100%10,000 $7,216$15.53$5,773$12.42100%25,000 $11,098$14.63$8,878$11.70100%50,000 A-51,500 $5,959$17.23$4,767$13.78100% Outdoor activities, amusement park, skating rink, tennis court $6,993$33.23$5,594$26.59100%7,500 $9,485$19.89$7,588$15.91100%15,000 $12,469$14.38$9,975$11.50100%30,000 $18,940$13.66$15,152$10.93100%75,000 $29,186$12.98$23,349$10.38100%150,000 B500 $1,656$13.25$1,325$10.60100% All B Occupancy Types (Buildings or spaces $1,921$28.36$1,537$22.68100%2,500 used for service type transactions, including $2,630$16.48$2,104$13.18100%5,000 storage of records and accounts; restaurants $3,454$11.83$2,763$9.46100%10,000 with less than 50 people. Not including office and TI's) $5,228$11.36$4,182$9.09100%25,000 $8,068$10.91$6,454$8.73100%50,000 BProfessional Office500 $1,704$14.45$1,363$11.55100% $1,993$27.40$1,594$21.92100%2,500 $2,678$16.34$2,142$13.08100%5,000 $3,495$12.01$2,796$9.61100%10,000 $5,296$12.67$4,237$10.13100%25,000 $8,463$13.37$6,770$10.69100%50,000 All E Occupancy Types (Excluding TI's) E $2,278$12.93$1,822$10.37100%750 $2,666$25.55$2,133$20.43100%3,750 $3,624$15.12$2,899$12.09100%7,500 $4,758$10.92$3,806$8.74100%15,000 $7,215$10.47$5,772$8.38100%37,500 $11,141$10.04$8,913$8.03100%75,000 NOTES: (1)Projectsizeforinspectionfeecalculationpurposesisgrosssquarefootageasmeasuredfromtheoutsideofexterior walls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor ConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees New Construction Occupancy Groups F, H, M, S, U /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Base Cost Cost for each Cost for each Percentage of @ Project@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize part thereofpart thereofthrough fee F-1 Woodworking F-1 $4,424$50.30$3,539$40.25100%1,000 $6,436$19.28$5,149$15.42100%5,000 $7,400$39.10$5,920$31.28100%10,000 $11,310$13.53$9,048$10.82100%20,000 $15,368$9.98$12,294$7.99100%50,000 $20,359$7.36$16,287$5.90100%100,000 F-11,000 $2,638$20.93$2,110$16.75100% $3,475$60.12$2,780$48.10100%5,000 All F-1 Occupancy Types (excluding woodworking and industrial/manufacturing) $6,481$2.80$5,185$2.24100%10,000 $6,761$11.28$5,409$9.02100%20,000 $10,145$6.70$8,116$5.36100%50,000 $13,496$3.98$10,797$3.19100%100,000 F-1, F-2 Industrial/Manufacturing and All F-2s $4,888$27.95$3,910$22.36100%2,000 $7,124$10.65$5,699$8.52100%10,000 $8,189$21.68$6,551$17.35100%20,000 $12,525$7.48$10,020$5.99100%40,000 $17,015$5.46$13,612$4.37100%100,000 $22,478$3.99$17,982$3.19100%200,000 High Hazard Group H-2 $4,049$46.63$3,239$37.30100%1,000 Pose health hazards H-4 $5,914$17.58$4,731$14.06100%5,000 $6,793$35.90$5,434$28.72100%10,000 $10,383$12.38$8,306$9.91100%20,000 $14,098$9.06$11,278$7.25100%50,000 $18,629$6.63$14,903$5.30100%100,000 H-3High Hazard100 $2,130$247.00$1,704$197.50100% Readily support combustion $3,118$96.40$2,494$77.20100%500 $3,600$188.90$2,880$151.10100%1,000 $5,489$65.80$4,391$52.63100%2,000 $7,463$48.06$5,970$38.46100%5,000 $9,866$35.10$7,893$28.11100%10,000 H-5High Hazard1,500 $5,694$43.50$4,555$34.80100% Semiconductor fabrication, R&D $8,304$16.27$6,643$13.01100%7,500 $9,524$33.66$7,619$26.93100%15,000 $14,573$11.57$11,658$9.25100%30,000 $19,778$8.52$15,822$6.82100%75,000 $26,171$6.27$20,937$5.03100%150,000 MMercantile - Market (retail or wholesale)4,500 $4,686$11.91$3,749$9.53100% $6,830$4.56$5,464$3.65100%22,500 $7,856$9.21$6,285$7.36100%45,000 $11,999$3.20$9,599$2.56100%90,000 $16,320$2.32$13,056$1.86100%225,000 $21,549$1.68$17,239$1.35100%450,000 AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees New Construction Occupancy Groups F, H, M, S, U /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Base Cost Cost for each Cost for each Percentage of @ Project@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize part thereofpart thereofthrough fee S-1Storage - Moderate and Low Hazard1,000 $3,118$35.75$2,494$28.60100% S-25,000 $4,548$13.84$3,638$11.08100% Storage - Low Hazard, Parking Garages Open or Enclosed $5,240$27.53$4,192$22.02100%10,000 $7,993$9.48$6,394$7.59100%20,000 $10,838$7.01$8,670$5.61100%50,000 $14,345$5.18$11,476$4.15100%100,000 S-1600 $2,249$44.04$1,799$35.25100% Storage - Moderate Hazard, Repair Garage, Motor vehicles (not high hazard) $3,306$15.83$2,645$12.67100%3,000 $3,781$33.47$3,025$26.77100%6,000 $5,789$11.49$4,631$9.19100%12,000 $7,858$8.48$6,286$6.79100%30,000 $10,403$6.26$8,322$5.02100%60,000 Motor Vehicles Fuel Dispensing S $1,850$208.25$1,480$166.50100%100 $2,683$84.00$2,146$67.20100%500 $3,103$161.00$2,482$128.80100%1,000 $4,713$57.53$3,770$46.03100%2,000 $6,439$40.60$5,151$32.48100%5,000 $8,469$28.65$6,775$22.92100%10,000 U100 Accessory- Agricultural building, Private $2,263$260.75$1,810$208.75100% garage/shed $3,306$107.00$2,645$85.60100%500 $3,841$200.00$3,073$160.00100%1,000 $5,841$69.47$4,673$55.57100%2,000 $7,925$50.70$6,340$40.56100%5,000 $10,460$37.00$8,368$29.60100%10,000 NOTES: (1)Projectsizeforplancheckfeecalculationpurposesisgrosssquarefootageasmeasuredfromtheoutside ofexteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor ConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees New Construction Occupancy Groups F, H, M, S, U /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Base Cost Cost for each Cost for each Percentage of Project @@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThreshold SizeSize part thereofpart thereofthrough fee F-1 Woodworking F-1 $3,249$14.38$2,599$11.50100%1,000 $3,824$27.68$3,059$22.14100%5,000 $5,208$16.01$4,166$12.81100%10,000 $6,809$11.63$5,447$9.31100%20,000 $10,299$11.21$8,239$8.97100%50,000 $15,903$10.81$12,722$8.64100%100,000 F-11,000 $1,953$7.00$1,562$5.60100% $2,233$17.12$1,786$13.70100%5,000 All F-1 Occupancy Types (excluding woodworking and industrial/manufacturing) $3,089$11.72$2,471$9.38100%10,000 $4,261$10.19$3,409$8.15100%20,000 $7,318$9.37$5,854$7.50100%50,000 $12,005$8.62$9,604$6.90100%100,000 F-1, F-2 Industrial/Manufacturing and All F-2s $3,605$7.58$2,884$6.06100%2,000 $4,211$15.17$3,369$12.13100%10,000 $5,728$8.93$4,582$7.15100%20,000 $7,514$6.42$6,011$5.14100%40,000 $11,366$6.18$9,093$4.94100%100,000 $17,545$5.95$14,036$4.75100%200,000 High Hazard Group H-2 $4,250$18.25$3,400$14.60100%1,000 Pose health hazards H-4 $4,980$35.28$3,984$28.22100%5,000 $6,744$21.27$5,395$17.02100%10,000 $8,871$15.28$7,097$12.22100%20,000 $13,455$14.64$10,764$11.71100%50,000 $20,775$14.03$16,620$11.22100%100,000 H-3High Hazard100 $1,461$66.25$1,169$53.00100% Readily support combustion $1,726$119.80$1,381$95.80100%500 $2,325$71.60$1,860$57.30100%1,000 $3,041$52.60$2,433$42.07100%2,000 $4,619$50.10$3,695$40.08100%5,000 $7,124$47.72$5,699$38.18100%10,000 H-5High Hazard1,500 $4,770$13.73$3,816$10.98100% Semiconductor fabrication, R&D $5,594$26.72$4,475$21.37100%7,500 $7,598$15.85$6,078$12.68100%15,000 $9,975$11.48$7,980$9.18100%30,000 $15,141$10.95$12,113$8.76100%75,000 $23,351$10.44$18,681$8.36100%150,000 MMercantile - Market (retail or wholesale)4,500 $3,419$3.37$2,735$2.69100% $4,025$6.46$3,220$5.17100%22,500 $5,479$3.83$4,383$3.06100%45,000 $7,203$2.72$5,762$2.17100%90,000 $10,870$2.62$8,696$2.10100%225,000 $16,776$2.52$13,421$2.03100%450,000 AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees New Construction Occupancy Groups F, H, M, S, U /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Base Cost Cost for each Cost for each Percentage of Project @@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThreshold SizeSize part thereofpart thereofthrough fee S-1Storage - Moderate and Low Hazard1,000 $2,013$8.95$1,610$7.18100% S-25,000 $2,371$16.80$1,897$13.44100% Storage - Low Hazard, Parking Garages $3,211$10.19$2,569$8.15100%10,000 Open or Enclosed $4,230$7.20$3,384$5.76100%20,000 $6,390$6.97$5,112$5.57100%50,000 $9,874$6.75$7,899$5.39100%100,000 S-1600 $1,951$14.92$1,561$11.92100% Storage - Moderate Hazard, Repair $2,309$27.20$1,847$21.77100%3,000 Garage, Motor vehicles (not high hazard) $3,125$16.47$2,500$13.17100%6,000 $4,113$11.83$3,290$9.47100%12,000 $6,243$11.22$4,994$8.98100%30,000 $9,609$10.64$7,687$8.52100%60,000 Motor Vehicles Fuel Dispensing S $1,516$66.25$1,213$53.00100%100 $1,781$126.00$1,425$100.80100%500 $2,411$77.00$1,929$61.60100%1,000 $3,181$54.47$2,545$43.57100%2,000 $4,815$52.40$3,852$41.92100%5,000 $7,435$50.41$5,948$40.33100%10,000 U100 $1,230$58.50$984$46.75100% Accessory- Agricultural building, Private $1,464$99.40$1,171$79.60100%500 garage/shed $1,961$61.70$1,569$49.30100%1,000 $2,578$44.87$2,062$35.90100%2,000 $3,924$42.68$3,139$34.14100%5,000 $6,058$40.60$4,846$32.47100%10,000 NOTES: (1)Projectsizeforinspectionfeecalculationpurposesisgrosssquarefootageasmeasuredfromthe (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor (3) AdjustedCostRecovery%isresultofstaffrecommendationand/orCouncildirection. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees New Construction Occupancy Groups I & L /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Base Cost Cost for each Cost for each Percentage of Project@@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize part thereofpart thereofthrough fee Institutional - Health Care Centers I-1 $3,506$79.35$2,805$63.45100%500 $5,093$31.08$4,074$24.88100%2,500 $5,870$61.72$4,696$49.38100%5,000 $8,956$21.36$7,165$17.09100%10,000 $12,160$15.70$9,728$12.56100%25,000 $16,085$11.54$12,868$9.23100%50,000 I-21,000 $6,224$70.50$4,979$56.40100% Institutional - Nursing Home/Assisted Living/Convalescent Hospital $9,044$27.34$7,235$21.88100%5,000 $10,411$54.93$8,329$43.94100%10,000 $15,904$19.11$12,723$15.29100%20,000 $21,638$13.95$17,310$11.16100%50,000 $28,615$10.18$22,892$8.15100%100,000 Labs - California ONLY L $4,361$50.33$3,489$40.25100%1,000 $6,374$19.28$5,099$15.42100%5,000 $7,338$38.48$5,870$30.79100%10,000 $11,186$13.42$8,949$10.73100%20,000 $15,211$9.80$12,169$7.84100%50,000 $20,110$7.16$16,088$5.73100%100,000 NOTES: (1)Projectsizeforplancheckfeecalculationpurposesisgrosssquarefootageasmeasuredfromthe outsideofexteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvalue forConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees New Construction Occupancy Groups I & L /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Base Cost Cost for each Cost for each Percentage of @ Project@ Additional 100 Additional 100 service cost Threshold IBCSizeThreshold SF or fractional SF or fractional recovered Size ClassIBC Occupancy TypeThresholdSize part thereofpart thereofthrough fee Institutional - Health Care Centers I-1 $2,495$22.55$1,996$18.05100%500 $2,946$43.28$2,357$34.60100%2,500 $4,028$25.16$3,222$20.14100%5,000 $5,286$18.03$4,229$14.42100%10,000 $7,990$17.20$6,392$13.76100%25,000 $12,290$16.41$9,832$13.13100%50,000 I-21,000Institutional - Nursing Home/Assisted $5,290$22.15$4,232$17.73100% Living/Convalescent Hospital $6,176$44.44$4,941$35.54100%5,000 $8,398$26.41$6,718$21.13100%10,000 $11,039$18.96$8,831$15.17100%20,000 $16,726$18.13$13,381$14.50100%50,000 $25,791$17.34$20,633$13.86100%100,000 Labs - California ONLY L $4,545$19.08$3,636$15.25100%1,000 $5,308$38.20$4,246$30.56100%5,000 $7,218$22.70$5,774$18.16100%10,000 $9,488$16.37$7,590$13.09100%20,000 $14,398$15.58$11,518$12.47100%50,000 $22,190$14.83$17,752$11.88100%100,000 NOTES: (1)Projectsizeforinspectionfeecalculationpurposesisgrosssquarefootageasmeasuredfromthe outsideofexteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvalue VBby1.50. forConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVA AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees New Construction All Shell Buildings /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IA, VB VV Base Cost Base Cost Cost for each Cost for each Percentage of Project@@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize part thereofpart thereofthrough fee All Shell Buildings1,000 $3,724$41.98$2,979$33.58100% $5,403$16.16$4,322$12.94100%5,000 $6,211$32.73$4,969$26.18100%10,000 $9,484$11.40$7,587$9.12100%20,000 $12,905$8.29$10,324$6.63100%50,000 $17,048$6.03$13,638$4.82100%100,000 NOTES: (1)Projectsizeforplancheckfeecalculationpurposesisgrosssquarefootageasmeasuredfromtheoutside ofexteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor ConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees New Construction All Shell Buildings /hb{w…/Lhb—t9 IIA, IIB, IIIA, IIIB, IVVA, VB Base Cost Cost for each Cost for each Percentage of ProjectBase Cost @ @ Additional 100 SF Additional 100 service cost IBCSizeThresholdThreshold or fractional part SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize thereofpart thereofthrough fee All Shell Buildings1,000 $2,606$14.05$2,085$11.23100% $3,168$20.52$2,534$16.42100%5,000 $4,194$14.41$3,355$11.53100%10,000 $5,635$9.13$4,508$7.30100%20,000 $8,373$8.47$6,698$6.78100%50,000 $12,609$7.86$10,087$6.30100%100,000 NOTES: (1)Projectsizeforinspectionfeecalculationpurposesisgrosssquarefootageasmeasuredfromtheoutsideof exteriorwalls. (2)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvaluefor ConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees Tenant Improvements Occupancy Groups A, B, E, F, H, I , M, S and "other" /hb{w…/Lhb—t9 VA, VB IIA, IIB, IIIA, IIIB, IV Base Cost Base Cost Cost for each Cost for each Percentage of Project@@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize part thereofpart thereofthrough fee AAssembly Occupancy500 $1,214$71.45$971$57.1650% Other than food and drink2,500 $2,643$55.48$2,114$44.3975% $4,030$42.62$3,224$34.10100%5,000 $6,161$14.79$4,929$11.83100%10,000 $8,379$10.80$6,703$8.64100%25,000 $11,078$7.89$8,862$6.31100%50,000 A-2Assembly Occupancy500 $1,214$71.45$971$57.1650% Food and drink establishment2,500 $2,643$55.48$2,114$44.3975% (Restaurant, night club, bar)5,000 $4,030$42.62$3,224$34.10100% $6,161$14.79$4,929$11.83100%10,000 $8,379$10.80$6,703$8.64100%25,000 $11,078$7.89$8,862$6.31100%50,000 BBusiness Occupancy500 $1,073$62.70$859$50.1550% Services, except professional office, $2,327$50.04$1,862$40.0275%2,500 medical office, nail salon/hair salon, and $3,578$38.10$2,862$30.48100%5,000 restaurants with less than 50 occupants) $5,483$12.95$4,386$10.37100%10,000 $7,426$9.65$5,941$7.72100%25,000 $9,838$7.19$7,870$5.75100%50,000 BBusiness Occupancy500 $953$55.00$762$44.0350% $2,053$44.20$1,643$35.3475%2,500 Professional Office5,000 $3,158$32.82$2,526$26.26100% $4,799$11.51$3,839$9.21100%10,000 $6,525$8.46$5,220$6.77100%25,000 $8,641$6.22$6,913$4.98100%50,000 BBusiness Occupancy500 $1,073$62.70$859$50.1550% $2,327$50.04$1,862$40.0275%2,500 Medical Office / Exam5,000 $3,578$37.50$2,862$30.00100% $5,453$12.95$4,362$10.36100%10,000 $7,395$9.64$5,916$7.72100%25,000 $9,806$7.18$7,845$5.75100%50,000 BBusiness Occupancy250 $487$36.00$390$28.7850% $847$44.88$677$35.9075%1,250 Nail / Hair Salon2,500 $1,408$23.32$1,126$18.68100% $1,991$5.19$1,593$4.15100%5,000 $2,380$19.04$1,904$15.23100%12,500 AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees Tenant Improvements Occupancy Groups A, B, E, F, H, I , M, S and "other" /hb{w…/Lhb—t9 VA, VB IIA, IIB, IIIA, IIIB, IV Base Cost Base Cost Cost for each Cost for each Percentage of Project@@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize part thereofpart thereofthrough fee BBusiness Occupancy250 $576$42.70$461$34.2050% $1,003$49.04$803$39.2475%1,250 Restaurants under 50 person occupancy2,500 $1,616$15.00$1,293$12.00100% $1,991$5.19$1,593$4.15100%5,000 $2,380$19.04$1,904$15.23100%12,500 EEducational Occupancy500 $762$45.85$610$36.6950% $1,679$35.48$1,343$28.3975%2,500 $2,566$26.94$2,053$21.54100%5,000 $3,913$9.32$3,130$7.46100%10,000 $5,311$6.81$4,249$5.45100%25,000 $7,014$4.98$5,611$3.98100%50,000 F, HF & H Occupancy Tenant Improvements1,000 $1,761$52.03$1,409$41.6350% $3,842$40.66$3,074$32.5375%5,000 Factory10,000 $5,875$31.01$4,700$24.81100% High Hazard20,000 $8,976$10.83$7,181$8.67100% $12,226$7.83$9,781$6.27100%50,000 $16,143$5.66$12,914$4.53100%100,000 II Occupancy Tenant Improvements1,000 $4,361$50.33$3,489$40.25100% $6,374$19.28$5,099$15.42100%5,000 Institutional10,000 $7,338$38.48$5,870$30.79100% $11,186$13.42$8,949$10.73100%20,000 $15,211$9.80$12,169$7.84100%50,000 $20,110$7.16$16,088$5.73100%100,000 MM Occupancy Tenant Improvements2,000 $1,621$38.91$1,297$31.1350% $4,734$7.24$3,787$5.79100%10,000 Mercantile20,000 $5,458$14.23$4,366$11.38100% $8,303$4.95$6,642$3.96100%40,000 $11,273$3.63$9,018$2.91100%100,000 $14,904$2.66$11,923$2.14100%200,000 SS Occupancy Tenant Improvements150 $1,850$138.83$1,480$111.00100% $2,683$56.00$2,146$44.80100%750 Storage1,500 $3,103$107.33$2,482$85.87100% $4,713$37.67$3,770$30.13100%3,000 $6,408$27.48$5,126$21.99100%7,500 $8,469$20.05$6,775$16.05100%15,000 AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check Fees Tenant Improvements Occupancy Groups A, B, E, F, H, I , M, S and "other" /hb{w…/Lhb—t9 VA, VB IIA, IIB, IIIA, IIIB, IV Base Cost Base Cost Cost for each Cost for each Percentage of Project@@ Additional 100 Additional 100 service cost IBCSizeThresholdThreshold SF or fractional SF or fractional recovered ClassIBC Occupancy TypeThresholdSizeSize part thereofpart thereofthrough fee Other Tenant Improvements500 $2,948$66.85$2,358$53.50100% $4,285$26.16$3,428$20.92100%2,500 $4,939$51.80$3,951$41.44100%5,000 $7,529$18.04$6,023$14.43100%10,000 $10,235$13.22$8,188$10.58100%25,000 $13,540$9.69$10,832$7.76100%50,000 NOTES: (1)ProjectsizeforTenantImprovementplancheckfeecalculationpurposesistotalsquarefootagefrom insidewalltowallmeasurements. (2)PlancheckfeeadjustmentsforTenantImprovements(TIs): ˜TIwithallsystems(mechanical,electrical,plumbing,andstructural):100%basecostfee ˜TIwithoutplumbing/mechanical:70%basecostfee+70%incrementalcostfee ˜TIwithoutelectrical:70%basecostfee+70%incrementalcostfee ˜TIonlyaddingwalls:70%basecostfee+70%incrementalcostfee (3)TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiplyvalue forConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees Tenant Improvements Occupancy Groups A, B, E, F, H, I , M, S and "other" /hb{w…/Lhb—t9 VA, VB IIA, IIB, IIIA, IIIB, IV Base Cost Base Cost Cost for each Cost for each Percentage of @@ Project Additional 100 SF or Additional 100 SF service cost ThresholdThreshold IBCSize fractional part or fractional part recovered SizeSize ClassIBC Occupancy TypeThreshold thereofthereofthrough fee AAssembly Occupancy500 $525$31.40$420$25.1350% (Other than food and drink)2,500 $1,153$31.88$923$25.5075% $1,950$15.30$1,560$12.24100%5,000 $2,715$8.37$2,172$6.70100%10,000 $3,971$7.45$3,177$5.96100%25,000 $5,833$6.63$4,666$5.30100%50,000 A-2Assembly Occupancy500 $720$30.25$576$24.1950% Food and drink 2,500 $1,325$49.80$1,060$39.8575% (Restaurant, night club, bar)5,000 $2,570$19.06$2,056$15.24100% $3,523$11.27$2,818$9.01100%10,000 $5,213$10.17$4,170$8.14100%25,000 $7,756$9.18$6,205$7.35100%50,000 BBusiness Occupancy500 $561$24.30$449$19.4650% $1,047$30.48$838$24.3775%2,500 Services, except professional office, medical $1,809$13.88$1,447$11.10100%5,000 office, nail salon/hair salon, and restaurants with less than 50 occupants) $2,503$7.58$2,002$6.07100%10,000 $3,640$7.16$2,912$5.73100%25,000 $5,430$6.76$4,344$5.41100%50,000 BBusiness Occupancy500 $525$25.20$420$20.1850% $1,029$29.28$824$23.4275%2,500 Professional Office5,000 $1,761$12.94$1,409$10.34100% $2,408$7.58$1,926$6.07100%10,000 $3,545$6.98$2,836$5.58100%25,000 $5,289$6.43$4,231$5.13100%50,000 BBusiness Occupancy500 $634$28.75$507$23.0350% $1,209$36.40$968$29.1075%2,500 Medical Office / Exam5,000 $2,119$15.74$1,695$12.60100% $2,906$9.03$2,325$7.22100%10,000 $4,260$8.53$3,408$6.82100%25,000 $6,393$8.06$5,114$6.44100%50,000 BBusiness Occupancy250 $564$42.20$452$33.7550% $986$33.76$789$26.9675%1,250 Nail / Hair Salon2,500 $1,408$17.12$1,126$13.72100% $1,836$7.25$1,469$5.80100%5,000 $2,380$19.04$1,904$15.23100%12,500 AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees Tenant Improvements Occupancy Groups A, B, E, F, H, I , M, S and "other" /hb{w…/Lhb—t9 VA, VB IIA, IIB, IIIA, IIIB, IV Base Cost Base Cost Cost for each Cost for each Percentage of @@ Project Additional 100 SF or Additional 100 SF service cost ThresholdThreshold IBCSize fractional part or fractional part recovered SizeSize ClassIBC Occupancy TypeThreshold thereofthereofthrough fee BBusiness Occupancy250 $634$53.20$507$42.6050% $1,166$38.56$933$30.8075%1,250 Restaurants under 50 person occupancy2,500 $1,648$23.64$1,318$18.92100% $2,239$8.92$1,791$7.13100%5,000 $2,908$23.26$2,326$18.61100%12,500 EEducational Occupancy500 $525$21.65$420$17.3350% $958$28.32$767$22.6675%2,500 $1,666$12.00$1,333$9.60100%5,000 $2,266$7.27$1,813$5.81100%10,000 $3,356$6.69$2,685$5.35100%25,000 $5,028$6.16$4,022$4.93100%50,000 F, HF & H Occupancy Tenant Improvements1,000 $1,093$22.15$875$17.7250% $1,979$29.50$1,583$23.6075%5,000 Factory10,000 $3,454$12.39$2,763$9.91100% High Hazard20,000 $4,693$7.62$3,754$6.10100% $6,980$7.03$5,584$5.62100%50,000 $10,494$6.49$8,395$5.18100%100,000 II Occupancy Tenant Improvements1,000 $4,051$20.05$3,241$16.03100% $4,853$32.32$3,882$25.86100%5,000 Institutional10,000 $6,469$22.02$5,175$17.62100% $8,671$14.36$6,937$11.48100%20,000 $12,978$13.39$10,382$10.72100%50,000 $19,675$12.49$15,740$10.01100%100,000 MM Occupancy Tenant Improvements2,000 $1,264$22.81$1,011$18.2550% $3,089$10.02$2,471$8.02100%10,000 Mercantile20,000 $4,091$6.94$3,273$5.55100% $5,479$4.48$4,383$3.59100%40,000 $8,169$4.16$6,535$3.33100%100,000 $12,328$3.86$9,862$3.09100%200,000 SS Occupancy Tenant Improvements150 $1,385$50.83$1,108$40.67100% $1,690$72.53$1,352$58.00100%750 Storage1,500 $2,234$51.40$1,787$41.13100% $3,005$32.84$2,404$26.27100%3,000 $4,483$29.97$3,586$23.99100%7,500 $6,731$27.35$5,385$21.91100%15,000 AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Inspection Fees Tenant Improvements Occupancy Groups A, B, E, F, H, I , M, S and "other" /hb{w…/Lhb—t9 VA, VB IIA, IIB, IIIA, IIIB, IV Base Cost Base Cost Cost for each Cost for each Percentage of @@ Project Additional 100 SF or Additional 100 SF service cost ThresholdThreshold IBCSize fractional part or fractional part recovered SizeSize ClassIBC Occupancy TypeThreshold thereofthereofthrough fee Other Tenant Improvements500 $1,706$20.35$1,365$16.25100% $2,113$26.12$1,690$20.92100%2,500 $2,766$20.14$2,213$16.10100%5,000 $3,773$11.84$3,018$9.47100%10,000 $5,549$10.74$4,439$8.59100%25,000 $8,233$9.74$6,586$7.79100%50,000 NOTES: ProjectsizeforTenantImprovementinspectionfeecalculationpurposesistotalsquarefootage (1) frominsidewalltowallmeasurements. InspectionfeeadjustmentsforTenantImprovements(TIs): (2) ˜TIwithallsystems(mechanical,electrical,plumbing,andstructural):100%basecostfee+ 100%incrementalcostfee ˜TIwithoutplumbing/mechanical:70%basecostfee+70%incrementalcostfee ˜TIwithoutelectrical:85%basecostfee+85%incrementalcostfee ˜TIonlyadding/movingwalls:70%basecostfee+70%incrementalcostfee TocalculateConstructionTypeIAandIBbasecostandcostforeachadditional100SF:Multiply (3) valueforConstructionTypeIIAIIBIIIAIIIBIVby1.20andConstructionTypeVAVBby1.50. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Mechanical, Electrical and Plumbing Permits Percentage of FEE TYPESFEEservice cost recovered through fee MECHANICAL PERMIT FEES Stand Alone Mechanical Plan Check (hourly rate) $ 99. UNIT FEES: A/C, Residential (each) Plan Check $ 70.00 100.00% A/C, Residential (each) Inspection $ 118.00 100.00% Furnace, less than 100,000 Btu, residential, including wall heat Furnace, more than 100,000 Btu, residential, including wall heat Furnace, non-res, less than 100,000 Btu $ 133.00 100.00% Furnace, non-res, more than 100,000 Btu $ 148.00 100.00% Refrigeration Compressor $ 147.00 100.00% Boiler $ 254.00 100.00% Chiller $ 246.00 100.00% Heat Pump (Package Unit) $ 103.00 100.00% Air Handler $ 103.00 100.00% Duct Work (only) $ 103.00 100.00% Make-up Air System $ 148.00 100.00% Moisture Exhaust Duct, non-residential (Clothes Dryer) $ Vent Fan, Single Duct (each) $ 96.00 100.00% Exhaust Hood and Duct (Residential) $ 117.00 100.00% Exhaust Hood, Type I (Commercial Grease Hood) $ 321.00 Exhaust Hood, Type II (Commercial Steam Hood) $ 231.00 Refrigerator Condenser Remote $ 170.00 100.00% Walk-in Box/Refrigerator Coil $ 163.00 100.00% Install/Relocate suspended heater, recessed wall heater, or floo Install/Relocate/Replace appliance vent installed and not includ Repair/Alter/Add heating appliance, refrigeration unit, cooling absorption, or evaporative cooling system, including installatio Repair/Alter/Add heating appliance, refrigeration unit, cooling absorption, or evaporative cooling system, including installatio Install/Relocate boiler or compressor, up to and including 3HP, Btu/h (each) $ 126.00 100.00% Install/Relocate boiler or compressor, over 3HP and up to and in 100,000 Btu/h and up to and including 500,000 Btu/h (each) $ Install/Relocate boiler or compressor, over 15 HP and up to and 500,000 Btu/h and up to and including 1,000,000 Btu/h (each) $ Install/Relocate boiler or compressor, over 30 HP and up to and 1,000,000 Btu/h and up to and including 1,750,000 Btu/h (each) $ Install/Relocate boiler or compressor, over 50 HP, or absorption Air-handling unit, including attached ducts. (Note: this fee shal of a factory-assembled appliance, cooling unit, evaporative cool required elsewhere) (each) $ 131.00 100.00% Air-handling unit over 10,000 CFM (each) $ 117.00 100.00% AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Mechanical, Electrical and Plumbing Permits Percentage of FEE TYPESFEEservice cost recovered through fee Evaporative cooler other than portable type (each) $ Ventilation fan connected to a single duct (each) $ 8 Ventilation system that is not a portion of any heating or air-c6.00 100.00% Hood installation that is served by mechanical exhaust, includin ppliance or piece of equipment not classed in other appliance ca A (each) $ 162.00 100.00% OTHER FEES: Other Mechanical Inspections (per hour) $ 99.00 100.00% PLUMBING/GAS PERMIT FEES Stand Alone Plumbing Plan Check (hourly rate) $ 99.00 UNIT FEES: Fixtures (each) $ 81.00 100.00% Gas System First Outlet $ 104.00 100.00% Each Additional Outlet $ 10.00 100.00% Building Sewer $ 103.00 100.00% Grease Trap (Inside Building, Each) $ 138.00 100.00% Backflow Preventer First 5 $ 82.00 100.00% Each after the First 5 $ 16.00 100.00% Roof DrainÏRainwater System $ 96.00 100.00% Shower Valves including associated plumbing $ 118.00 1 Water Heater $ 87.55 85.00% Water Pipe Repair/Replacement, residential $ 103.00 10 Water Pipe Repair/Replacement, non-residential $ 162.0 Water Service Supply Line, residential $ 103.00 100.00% Water Service Supply Line, non-residential $ 162.00 10 Drain-Vent Repair/Alterations, residential $ 96.00 100.00% Drain-Vent Repair/Alterations, non-residential $ 148.0 Drinking Fountain $ 96.00 100.00% Solar Water System Fixtures (solar panels, tanks, water treatmen Solar Water Heating, swimming pool, residential $ 341. Solar Water Heating, swimming pool, non-residential $ Graywater Systems $ 345.00 100.00% Medical Gas System (Each Outlet) $ 151.00 100.00% Plumbing fixture or trap or set of fixtures on one trap, includi (each) $ 96.00 100.00% Industrial waste pretreatment interceptor, including its trap an functioning as fixture traps (each) $ 204.00 100.00% Install/Alter/Repair water piping and/or water treating equipmen Repair/Alter drainage or vent piping (each fixture) $ Lawn sprinkler system on any one meter, including backflow prote Backflow devices not included in other fee services, e.g., build AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Mechanical, Electrical and Plumbing Permits Percentage of FEE TYPESFEEservice cost recovered through fee Atmospheric-type vacuum breakers not included in other fee servi103.00 100.00% Atmospheric-type vacuum breakers not included in other fee servic over 5 units) $ 103.00 100.00% Canon Manor Sewer Lateral $ 542.00 100.00% Residential Sewer Lateral $ 229.00 100.00% OTHER FEES: Other Plumbing and Gas Inspections (per hour) $ 99.00 ELECTRICAL PERMIT FEES Stand Alone Electrical Plan Check (hourly rate) $ 99. SYSTEM FEES: Single-Family Dwelling (SFD) Residential Service, up to and incl Single-Family Dwelling (SFD) Residential Service, greater than 4 Non-Residential (Multi-Family Dwelling (MFD) / Commercial / Indu Non-Residential (Multi-Family Dwelling (MFD) / Commercial / Indu Non-Residential (Multi-Family Dwelling (MFD) / Commercial / Indu Non-Residential (Multi-Family Dwelling (MFD) / Commercial / Indu Non-Residential (Multi-Family Dwelling (MFD) / Commercial / Indu Subpanels Residential & multi-family dwelling subpanel 100amps $ 84.00 93.00% Residential & multi-family dwelling subpanel > 100amps $ Non-residential subpanel 100amps $ 84.00 96.00% Non-residential subpanel > 100amps $ 110.25 96.00% Non-Residential Circuits 15 or 20 amp, first 10 circuits (each) $ 96.00 100.00% 15 or 20 amp, next 90 circuits (each) $ 126.00 100.00% 15 or 20 amp, over 100 circuits (each) $ 178.00 100.00% 30 or 40 amp circuits (each) $ 122.00 100.00% 50 to 175 amp circuits (each) $ 165.00 100.00% 200 amp and larger circuits (each) Plan Check $ 171.00 200 amp and larger circuits (each) Inspection $ 141.00 Temporary Service (each) $ 195.00 100.00% Temporary Pole (each) $ 144.00 100.00% Outdoor Events AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Mechanical, Electrical and Plumbing Permits Percentage of FEE TYPESFEEservice cost recovered through fee Carnivals, circuses, or other traveling shows or exhibitions uti and attractions $ 293.00 100.00% Electric generator and electrically-driven rides (each) $ Mechanically-driven rides and walk-through attractions or displa System of area and booth lighting (each) $ 107.00 100.00% Temporary Power Service Temporary distribution system and temporary lighting and recepta light, Christmas tree sales lots, firework stands, etc. $ Pre-Inspection (per hour) $ 237.00 100.00% Generator Installation (per kW) $ 111.00 100.00% UNIT FEES: Receptacle, Switch, Lighting Outlets, and Lighting Fixtures - RESIDENTIAL $0.06/SF 100.00% (Includes receptacles, switch, lighting, or other outlets at whi feeders, and meters; lighting fixtures, sockets or other lamp-ho Residential Appliances Fixed residential appliances or receptacle outlets for same, inc mounted cooking tops; electric ranges; self-contained room conso heaters; food waste grinders; dishwashers; washing machines; wat operated appliances (each) not exceeding one horsepower (HP) in (For other types of air conditioners and other motor-driven appl Apparatus) Nonresidential Appliances Nonresidential appliances and self-contained factory-wired, nonr dental devices; food, beverage, and ice cream cabinets; illumina machines; laundry machines; or other similar types of equipment Nonresidential appliances and self-contained factory-wired, nonr horsepower (HP), kilowatt (kW), or kilovolt-ampere (kVA) in rati beverage, and ice cream cabinets; illuminated show cases; drinki machines; or other similar types of equipment (each) $ (For other types of air conditioners and other motor-driven appl Apparatus) Power Apparatus Motors, generators, transformers, rectifiers, synchronous conver conditioners and heat pumps, cooking or baking equipment, and ot kilowatts (kW), or kilovolt-amperes (kVA), or kilovolt-amperes-r Up to and including 1 (each) $ 122.00 100.00% Over 1 and not over 10 (each) $ 139.00 100.00% Over 10 and not over 50 (each) $ 208.00 100.00% Over 50 and not over 100 (each) $ 236.00 100.00% Over 100 (each) $ 258.00 100.00% (For equipment or appliances having more than one motor, transfo ratings may be used. These fees include all switches, circuit br directly related control equipment.) Bus ways Trolley and plug-in-type bus ways - each 100 feet or fraction th AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Mechanical, Electrical and Plumbing Permits Percentage of FEE TYPESFEEservice cost recovered through fee (An additional fee will be required for lighting fixtures, motor and plug-in-type bus ways. No fee is required for portable tools Signs, Outline Lighting, and Marquees Signs, Outline Lighting, or Marquees $ 103.00 100.00% New electric branch circuit only for existing and future signs, branch circuits within the same sign, outline lighting system, o Miscellaneous Apparatus, Conduits, Bus ways, and Conductors Electrical apparatus, conduits, and conductors for which a permi forth: Plan Check $ 92.00 100.00% Electrical apparatus, conduits, and conductors for which a permi forth: Inspection $ 94.00 100.00% (This fee is not applicable when a fee is paid for one or more s apparatus, bus ways, signs, or other equipment) OTHER FEES: Other Electrical Inspections (per hour) $ 99.00 100.00% OTHER INSPECTIONS AND FEES Inspections outside of normal business hours, 0-2 hours (minimum Minimum charge - 2 hours, includes administrative and profession Each additional hour or portion thereof $ 169.00 100.0 Reinspections Minimum charge (See Reinspection Fee in MISCELLANEOUS FEES table Each additional hour or portion thereof $ 169.00 100.0 Inspections for which no fee is specifically indicated, per hour MISCELLANEOUS FEES table) Additional Plan Review required by changes, additions, or revisi Supplemental Plan Check Fee in MISCELLANEOUS FEES table) AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Miscellaneous Permits ercenage o Ptf FEE TYPESUnitNoteFEEservice cost recovered through fee AntennaÏTelecom Facility Cellular/Mobile Phone, free-standing new structure each$1,727 100% Cellular/Mobile Phone, attached to existing structure each$941 100% Each addt'l co-located antenna each addt'l antenna$199 100% Application Meeting First Hou r hourly rate$99 100% Each additional 1/2 hour hourly rate$49 100% Arbor/Trellis (R-3s only over 120ft, non R-3), Awning/Canopy (supported by building) R-3 each$147 50% Balcony addition (R-3) up to 200 SF$549 100% each additional 50 SF Balcony addition (R-3) over 200 SF or portion thereof$131 100% Business License Inspections each$74 100% Carport (R-3) - Plan Check each$224 100% Carport (R-3) - Inspection each$436 100% Change of Occupancy (over the counter) each$43 100% minimum fee, actual costs Change of Occupancy (1)$137 100% thereafter Chimney (factory-built, masonry), Chimney Repair each$424 100% Covered Porch (R3), Deck (wood) >30" above grade up to 200 SF$147 50% each additional 100 SF Covered Porch (R3), over 200 SF or portion thereof$78 50% Demolition Commercial - Inspection each$249 100% Residential - Inspection each$249 100% Disabled Access Compliance Inspection hourly rate$99 100% Door New door (non structural) each$150 100% New door (structural shear wall/masonry) each$704 100% Duplicate/Replacement Job Card each$144 100% per 100 SF or portion Exterior Renovation, Non-Residential thereof$62 100% AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Miscellaneous Permits ercenage o Ptf FEE TYPESUnitNoteFEEservice cost recovered through fee Fence Masonry any height up to 100 LF$331 100% Non-masonry, over 6 feet in height; up to 100 LF$231 100% Non-masonry, over 6 feet in height; masonry any height, over Each additional 100 LF 100 LF or portion thereof$199 100% Final Inspection Permit (non-residential only) to reactivate an expired permit each(2)$325 100% Fireplace New Pre-Fabricated/Metal Fireplace - Plan Check each$212 100% New Pre-Fabricated/Metal Fireplace - Inspection each$318 100% Fireplace Repairs / Demolition Plan Check each$195 50% Inspection each$183 50% Flag pole (over 20 feet in height) each$481 100% Fire Repairs Residential, more than 30% damaged - Use Residential Addition Fee Residential, less than 30% damaged - Plan Check each$424 100% Residential, less than 30% damaged - Inspection each$560 100% Commercial, use New Construction Tenant Improvement Foundation Only Residential W/O New Construction Permit each$897 100% W/ New Construction Permit each$405 100% Foundation Repair, R3 each$754 100% Foundation Repair, non-R3 each$904 100% Garage (detached) Wood frame up to 1,000 SF each$1,215 100% Wood frame over 1,000 SF and less than 2000 SF For portion of 1000 SF$230 100% Garage Conversion, Residential each$357 100% Generator each$624 100% Insulation (batt, blown-in, injection) each$129 100% AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Miscellaneous Permits ercenage o Ptf FEE TYPESUnitNoteFEEservice cost recovered through fee Master Plan - Revisions (3) Deferred Submittal Processing Fee each(3) (4)$364 100% Minor (no change in structure or square footage) each(3) (4)$231 100% Major (USE RESIDENTIAL NEW CONSTRUCTION - MASTER PLAN) (3) Master Plan - Duplicate Set Processing Fee each(3) (4)$182 100% Oven (Commercial) each$735 100% PartitionÏCommercial, Interior (up to 30 LF) up to 30 LF$506 100% each additional 30 LF Partition over 30 LF - Plan Check or portion thereof$144 100% each additional 30 LF Partition over 30 LF - Inspection or portion thereof$137 100% PartitionÏResidential, Interior (up to 30 LF) up to 30 LF$268 100% each additional 30 LF Partition over 30 LF or portion thereof$169 100% Patio Cover (wood frame, metal frame, other) up to 300 SF$443 100% each additional 300 SF Patio, over 300 SF or portion thereof$312 100% Enclosed (wood frame, metal frame, other) up to 300 sf$935 100% each additional 300 SF Enclosed patio over 300 SF - Plan Check or portion thereof$268 100% each additional 300 SF Enclosed patio over 300 SF - Inspection or portion thereof$62 100% Photovoltaic System 1 - 15 kilowatts - Plan Check each$150 100% 1 - 15 kilowatts - Inspection each$156 100% 16 - 50 kilowatts - Plan Check each$312 100% 16 - 50 kilowatts - Inspection each$430 100% 51 - 100 kilowatts- Plan Check each$529 100% 51 - 100 kilowatts - Inspection each$648 100% 101 - 200 kilowatts- Plan Check each$747 100% 101 - 200 kilowatts - Inspection each$823 100% 201 - 500 kilowatts - Plan Check each$1,679 100% 201 - 500 kilowatts - Inspection each$3,225 100% 500 kilowatts - 1 megawatt - Plan Check each$3,933 100% 500 kilowatts - 1 megawatt - Inspection each$5,231 100% AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Miscellaneous Permits ercenage o Ptf FEE TYPESUnitNoteFEEservice cost recovered through fee Plot Plan - Revision each(5)$137 100% minimum fee, actual costs Product Review (1)$118 100% thereafter RemodelÏResidential Remodel up to 300 SF - Plan Check up to 300 SF$293 100% Remodel up to 300 SF - Inspection up to 300 SF$311 100% each additional 100 SF Remodel, over 300 SF - Plan Check or portion thereof $68 100% each additional 100 SF Remodel, over 300 SF - Inspection or portion thereof $93 100% Kitchen - Plan Check each$268 100% Kitchen - Inspection each$354 100% Bath - Plan Check each$175 100% Bath - Inspection each$236 100% minimum fee, actual costs Reinspection Fee / Final Inspection Fee (SFD) (1), (3)$137 100% thereafter Repairs Repairs, non-residential, non-structural - Plan Check $350 89% each Repairs, non-residential, non-structural - Inspection $365 100% each Repairs, residential - Plan Check $350 89% each Repairs, residential - Inspection $365 100% each Re-roof Single Family Dwelling (SFD) Residential only (w/ new roof sheathing) - Inspection each$306 100% Single Family Dwelling (SFD) Residential only (w/o new roof sheathing) - Inspection each$212 100% Multi-Family Dwelling (Apartments/Condominiums) - each 5,000 SF or Inspection portion thereof$442 100% each 5,000 SF or Commercial - Plan Check portion thereof$56 100% each 5,000 SF or Commercial - Inspection portion thereof$404 100% Revisions to approved plans Commercial New (4)$118 100% Minimum fee Tenant Improvement (4)$118 100% Minimum fee Single Family Dwelling (4)$118 100% Minimum fee Addition (4)$118 100% Minimum fee Remodel (4)$118 100% Minimum fee AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Miscellaneous Permits ercenage o Ptf FEE TYPESUnitNoteFEEservice cost recovered through fee Roof Structure Replacement - Plan Check up to 500 SF$212 100% Roof Structure Replacement - Inspection up to 500 SF$329 100% each additional 100 SF Roof structure replacement, over 500 SF or portion thereof$43 100% SaunaÏsteam each$723 100% SCEIP projects for which permits not typically issued (use Minimum Processing Fee) Siding Stone and Brick Veneer (interior or exterior), up to 800 sf up to 800 SF$461 100% Other Siding up to 800 SF - Plan Check (for commercial only) up to 800 SF$180 100% Other Siding up to 800 SF - Inspection up to 800 SF$230 100% each additional 800 SF Additional siding or portion thereof$169 100% Signs, new ( 100 SF area) (6) Roof / Projecting Signs each(6)$306 100% Monument each(6)$281 100% Pole (under 10') each(6)$306 100% Wall/Awning Sign, Non-Electric each(6)$262 100% Wall, Electric each(6)$287 100% Other Sign - Plan Check each(6)$212 100% Other Sign - Inspection each(6)$131 100% Signs, new (>100 SF area) (6) Roof / Projecting Signs each(6)$499 100% Monument each(6)$350 100% Pole (over 10') each(6)$449 100% Wall/Awning Sign, Non-Electric each(6)$331 100% Wall, Electric each(6)$405 100% Other Sign - Plan Check each(6)$274 100% Other Sign - Inspection each(6)$293 100% Site Accessibility per hour$99 100% Skylight Less than 10 SF each$212 100% Greater than 10 SF or structural each$468 100% Solar Panels (Thermal), residential or equal each$338 100% AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Miscellaneous Permits ercenage o Ptf FEE TYPESUnitNoteFEEservice cost recovered through fee Storage Racks Storage racks over 8' high, up to 100 LF first 100 LF$674 100% each additional 100 LF Storage racks over 8' high, over 100 LF or portion thereof$237 100% Structural Repairs (Non-Residential) - Plan Check Each$518 100% Structural Repairs (Non-Residential) - Inspection Each$927 100% Structural Repairs (Residential) - Plan Check Each$405 100% Structural Repairs (Residential) - Inspection Each$442 100% Stucco Applications up to 400 SF$455 100% each additional 400 SF Stucco Application, over 400 SF or portion thereof$280 100% Supplemental Plan Check Fee (after 3rd review) First hour each(1)$137 100% per 1/2 hour or portion Each Additional 1/2 hour or portion thereof thereof(1)$68 100% Supplemental Inspection Fee First 1/2 hour each(1)$68 100% per 1/2 hour or portion Each Additional 1/2 hour or portion thereof thereof(1)$68 100% Swimming Pool/Spa Vinyl-lined (up to 800 sf) each$635 100% Fiberglass each$635 100% Gunite (up to 800 sf) each$635 100% Additional pool (over 800 sf or portion thereof) each$374 100% Commercial pool (up to 800 sf) each$1,095 100% Commercial pool (over 800 sf or portion thereof) each$1,268 100% Spa or Hot Tub (Pre-fabricated) each$685 100% minimum fee, actual costs Temporary Occupancy Approval (4)$449 100% thereafter Trash Enclosure each$624 100% Window or Sliding Glass Door New Window (change in opening size/location, non-structural) each$112 50% New window (structural shear wall/masonry) - Plan Check each$261 100% New window (structural shear wall/masonry) - Inspection each$162 100% Bay Window (structural) - Plan Check each$261 100% Bay Window (structural) - Inspection each$423 100% Minimum Processing Fee (Administrative - No Permit) each(7)$37 100% AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 BUILDING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Plan Check and Inspection Fees Miscellaneous Permits ercenage o Ptf FEE TYPESUnitNoteFEEservice cost recovered through fee Notes: 1. Minimum fee includes professional and minimum adminstrative staff time for service 2. Inspection fee for reactivation of residential permits is included in "Reinspection Fee." 3. Refer to Master Plan Policy 4. Processing fee only. Staff time and materials cost, or actual consultant fee + City administrative fee may be in addition to processing fee. 5. Refer to Plot Plan and Production Phase Policy 6. "New" signs means the replacement of an existing sign with a new one, or installation of a new si an existing electrical source. 7. Use for SCEIP projects & other "non-permit" projects for intake and processing costs. AdoptedMarch22,2011(Reso.No.201126) UpdatedSeptember11,2012(Reso.No.2012105) EffectiveDecember1,2012 ATTACHMENT B PLANNINGFEESCHEDULEANDCOSTRECOVERYPERCENTAGES % Cost Fee Recovery Service Current Fee No.with Current Fee Actual cost of time & materials charged against an 1 Annexation Initial Deposit as determined by staff. An approved 100% Reimbursement Agreement is required. Residents: $281 plus the actual cost of publishing / 25% noticing 2 Appeals to City Council Non- residents: $1,125 plus the actual cost of 100% publishing / noticing Residents: $390 plus the actual cost of publishing / 25% noticing Appeals to Planning 3 Commission Non- residents: $1,560 plus the actual cost of 100% publishing / noticing $88 - one address 50% $130 - 2 to 5 addresses 50% 4 Assignment of Address $218 - 6 to 20 addresses 50% $348 - 21 or more addresses 50% Assignment of Temporary 5 $65 50% Power Pole Address 6 Business License Research $85 100% Certificate of Zoning 7 $520 100% Compliance Condition Modification/Waiver 8 $283 50% - Administrative Condition Modification/Waiver Actual cost of time & materials charged against an 9 100% - Planning Commission Initial Deposit of $1,000 Actual cost of time & materials charged against an Development Agreement, 10 Initial Deposit as determined by staff. An approved 100% Processing & Amendment Reimbursement Agreement is required. Actual cost of time & materials charged against an 11 Development Area Plan Initial Deposit of $9,000. 100% An approved Reimbursement Agreement is required. $283 plus the actual cost of any outside agency fees Filing & Notice of Categorical 12 (such as County Filing Fee, State Clearinghouse Fee 50% Exemption and Office of Planning & Research) AdoptedJuly27,2010(Reso.No.201081) RevisedSeptember17,2012(Reso.No.2012105) EffectiveDecember1,2012 ATTACHMENT B PLANNINGFEESCHEDULEANDCOSTRECOVERYPERCENTAGES % Cost Fee Recovery Service Current Fee No.with Current Fee Actual cost of time & materials charged against an Initial Deposit as determined by staff. An approved Environmental Impact Report 13 Reimbursement Agreement is required. Applicant is 100% Review also responsible for any other agency fees (e.g. State Fish & Game fees, etc.) Actual cost of time & materials charged against an 14 Final Development Plan Initial Deposit as determined by staff. An approved 100% Reimbursement Agreement is required. Actual cost of time & materials charged against an 15 Final Specific Plan Initial Deposit as determined by staff. An approved 100% Reimbursement Agreement is required. Actual cost of time & materials charged against an 16 General Plan Amendment Initial Deposit of $5,000. An approved 100% Reimbursement Agreement may be required. 17 Home Occupation Permit $85 100% 18 Pre-Application Conference $248 50% Pre-Application Conference - 19 $990 100% Concept Plan Review Pre-Application Conference - 20 Single-Family Dwelling, $175 100% Owner-Occupied Initial Study/Negative Actual cost of time & materials charged against an 21 100% Declaration Initial Deposit of $2,000. Letter of Public 22 $435 100% Necessity/Convenience $412 plus the actual cost of any outside agency fees 23 Notice of Determination (such as County Filing Fee, State Clearinghouse Fee 50% and Office of Planning & Research) Specific Plan/Planned Actual cost of time & materials charged against an Development: 24 Initial Deposit as determined by staff. An approved 100% Amendment/Revision of Reimbursement Agreement is required. Related Items - Standard AdoptedJuly27,2010(Reso.No.201081) RevisedSeptember17,2012(Reso.No.2012105) EffectiveDecember1,2012 ATTACHMENT B PLANNINGFEESCHEDULEANDCOSTRECOVERYPERCENTAGES % Cost Fee Recovery Service Current Fee No.with Current Fee Sign Review 25 $98 50% (Single Sign) New - $520 50% Sign Program Review - 26 New/Revised Revised - $348 50% Actual cost of time & materials charged against an 27 Preliminary Development Plan Initial Deposit as determined by staff. An approved 100% Reimbursement Agreement is required. $6,450 plus the actual cost of publishing / noticing and 28 Rezoning 100% reprinting of City zoning maps. Within existing footprint - $1,480 100% Site Plan & Architectural Review : Expansion of footprint - Actual cost of time & materials 29 Building Remodel charged against an Initial Deposit as determined by (Commercial & Industrial) 100% staff. An approved Reimbursement Agreement is required. Site Plan & Architectural Review: 30 $1,210 plus the actual cost of publishing / noticing 100% Building Remodel ( 2 Residential Units) Site Plan & Architectural Review: Actual cost of time & materials charged against an 31 100% New Structure (Commercial & Initial Deposit of $1,200 Industrial) Site Plan & Architectural Review: Actual cost of time & materials charged against an 32 100% New Structure/Change-In-Use Initial Deposit of $1,200 ( 2 Residential Units) Actual cost of time & materials charged against an Specific Plan - Preliminary 33 Initial Deposit as determined by staff. An approved 100% Plan Reimbursement Agreement is required. Actual cost of time & materials charged against an 34 Specific Plan Amendment Initial Deposit as determined by staff. An approved 100% Reimbursement Agreement is required. AdoptedJuly27,2010(Reso.No.201081) RevisedSeptember17,2012(Reso.No.2012105) EffectiveDecember1,2012 ATTACHMENT B PLANNINGFEESCHEDULEANDCOSTRECOVERYPERCENTAGES % Cost Fee Recovery Service Current Fee No.with Current Fee Actual cost of time & materials charged against an 35 Specific Plan Preparation Initial Deposit as determined by staff. An approved 100% Reimbursement Agreement is required. Subdivision: 36 $695 plus the actual cost of publishing / noticing. 100% Extension to Approved Minor Subdivision: Actual cost of time & materials charged against an 37 100% Revision to Approved Minor Initial Deposit of $1,200. Subdivision: Actual cost of time & materials charged against an 38 Extension /Revision to Initial Deposit as determined by staff. An approved 100% Approved - Major Reimbursement Agreement is required. Actual cost of time & materials charged against an Tentative Map - Major 39 Initial Deposit as determined by staff. An approved 100% ( 5 Lots) Reimbursement Agreement is required. Tentative Map - Minor Actual cost of time & materials charged against an 40 100% ( 4 Lots) Initial Deposit of $4,000 Use Permit Actual cost of time & materials charged against an 100% 41 (Commercial/Industrial/ Initial Deposit of $1,000 Mixed-Use) Use Permit - Residential 2 Actual cost of time & materials charged against an 100% 42 Units Initial Deposit of $1,000 Actual cost of time & materials charged against an Variance 100% 43 Initial Deposit of $2,500 Minor - $130 50% Temporary Use Permit 46 Major - Actual cost of time & materials charged 100% against an Initial Deposit of $1,000 Time Extension To Approved - 47 $175 plus the actual cost of publishing / noticing 100% Minor AdoptedJuly27,2010(Reso.No.201081) RevisedSeptember17,2012(Reso.No.2012105) EffectiveDecember1,2012 ATTACHMENT B PLANNINGFEESCHEDULEANDCOSTRECOVERYPERCENTAGES % Cost Fee Recovery Service Current Fee No.with Current Fee Time Extension To Approved - 48 $695 plus the actual cost of publishing / noticing 100% Major 49 Administrative Permit $650 100% 50 Violation Correction $520 100% Planning review of building Actual cost of time and materials to be collected at 51 100% permits building permit issuance Tree Permit Clearance 52 $201 100% (Exemption) Approval for Tree Removal Actual cost of time and materials to be billed against 53 100% (Tree Removal Permit) an initial deposit of $512 NotesonFees: 1.Forallfeesthatarebasedonactualcostoftimeandmaterials:Citystafftimeisbasedonfully burdenedhourlyrateasupdatedperiodically 2.Forallfeesthatarebasedonactualcostoftimeandmaterials:Ifoutsideconsultantisused, theactualcostfortheconsultantwillbepassedthroughtotheapplicantandwillincludea7% administrativechargetocoverCityoverheadcostsspecifictotheprocessingoftheproject. 3.Foranyservicesthatarenotincludedinthisfeeschedule,City­·EEx­fullyburdenedhourlyrate willbeusedtocalculatechargesdue. 4.Foranyservicesthatarenotincludedinthisfeescheduleandareperformedbyaconsultant, theactualcostoftheconsultantwillbepassedthroughtotheapplicantandwillincludea7% administrativechargetocoverCityoverheadcostsspecifictotheprocessingoftheproject. AdoptedJuly27,2010(Reso.No.201081) RevisedSeptember17,2012(Reso.No.2012105) EffectiveDecember1,2012 ATTACHMENT C ENGINEERING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Initial deposit or f fees based on % Cost Recovery Engineering ServicesFeestime and with Current Fee Sign Review$110 per plan100% 1 Conditional Use Permit$420 per permit100% 2 Preliminary Site Plan$630 per plan100% 3 Specific PlanTime and materials charged against deposit ****$16,000100% 4 Preliminary Landscape Plan Check$330 per plan100% 5 Tentative Parcel Map ReviewTime and materials charged against deposit$1,150100% 6 Tentative Subdivision Map ReviewTime and materials charged against deposit$2,400100% 7 Time and materials charged against deposit or upon Grading/Site Improvement Plan CheckCity Engineer's estimate$3,300100% 8 1.5% of City Engineer's estimated cost of improvement Grading/Site Improvement Inspection**100% 9 Final Parcel Map ReviewTime and materials charged against deposit$1,950100% 10 Final Subdivision Map ReviewTime and materials charged against deposit$3,800100% 11 Final Map Amendment / Revision Review (Minor)$560 per map100% 12 Final Map Amendment / Revision Review (Major)Time and materials charged against deposit$1,100100% 13 Time Extension$100 per application100% 14 Time and materials charged against deposit or upon Public Improvement Plan CheckCity Engineer's estimate$3,200100% 15 Subdivision Plan CheckTime and materials charged against deposit$2,400100% 16 1.5% of City Engineer's estimated cost of improvement Public Improvement Inspection**100% 17 1.5% of City Engineer's estimated cost of improvement Subdivision Inspection**100% 18 Lot Line Adjustment Review$840 per application, plus actual consultant costs100% 19 Street Blocking Permit$170 per permit50% 20 Street Vacation / Abandonment RequestTime and materials charged against deposit$1,250100% 21 $290 minimum charge per permit or actual cost at City Minor Encroachment Permit / Inspectionstaff hourly rate, whichever is greater100% 22 $1,200 minimum charge per permit or actual cost at Major Encroachment Permit / InspectionCity staff hourly rate, whichever is greater100% 23 Plumbing Permit issued by Engineering / $290 minimum charge per permit or actual cost at City Inspectionstaff hourly rate, whichever is greater100% 24 Annual Blanket Encroachment Permit$480 per permit¹100% 25 ATTACHMENT C ENGINEERING FEE SCHEDULE AND COST RECOVERY PERCENTAGES Initial deposit or f fees based on % Cost Recovery Engineering ServicesFeestime and with Current Fee Transportation Permit$16 for single trip permit; $100 for annual permit ***100% 26 Reversion to Acreage / Lot Merger$670 per application100% 27 Notes: FOR ALL FEES: If outside consultant is used, the actual cost for addition to any City staff time and materials. **If time and material costs rise above 1.5% of City Engineer's at the applicable hourly rates. ***State-mandated limit ****If outside consultant is used, this actual cost will be pass will be added. Further, other City management costs may be appl Annual Blanket Encroachment Permits are intended for Public Util 1 excavation encroachments. New construction and installation are charged on blanket permits if staff unit times exceed that of wh ItemNo.11 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 Meeting Date: June 23, 2015 Department: Development Services Submitted By: Eydie Tacata, Management Analyst Prepared By: Eydie Tacata, Management Analyst Wilfred/DowdellSpecific Plan Reimbursement Fee Annual Report for FY Agenda Title: 2014-15and Fee Update RECOMMENDED ACTIONS: (1)Consider the Wilfred/Dowdell Specific Plan Reimbursement Fee Annual Reporfor FY 2014-15, accept and file; (2)Hold a Public Hearing to consider the proposed update to the Wilfred/Dowdell Specific Plan Reimbursement Fee (Fee); and (3)Adopt attached resolution updating the Wilfred/Dowdell Specific Fee and superseding Resolution No. 2014-074. BACKGROUND: The Rohnert Park Municipal Code provides for the adoption of fee reimburse an applicant or the City for costs associated with the preparation, adoption administration of a specific plan. Specific plan reimbursement f property owners/developers who develop their properties and deri plan area having been established. The Municipal Code also requires that a report be prepared annually on specific plan reimbursement fees to include the following: 1. Itemization of costs incurred by the applicant or the city in th and administration of the specific plan, including costs incurred 2. Itemization of specific plan fees collected in the preceding bud cumulatively; and 3. Additions to (by annexation or otherwise) and deletions of land the specific plan area. The annual report is intended to ensure the specific plan reimbursement fee is reviewed regularly and adjusted as appropriate in relation to the costs to process the specific plan area. The City of Rohnert Park has established only one specific plan reimbursement fee: the Wilfred/Dowdell Specific Plan Reimbursement Fee (Fee). This City Council item serves as 1 the annual report required by the Municipal Code and also proposes a fee update to reflect changes in the total processing costs and redistribution of thesecosts to the Wilfred/Dowdell Specific Plan Area parcels for which reimbursement fees have not yet been paid. WILFRED/DOWDELL SPECIFIC PLAN REIMBURSEMENT FEE ANNUAL REPORT FOR FY 2014-15: Itemization of costs: The Fee was established by Resolution No. 2011-70 in 2011. The Fee was based on total costs of $409,677.69, which were costs incurred from November 1998 through April 2011 for processing the Wilfred/Dowdell Specific Plan. Costs include City staff time; consultants for specific plan preparation and adoption, annexation, and environme pursuant to CEQA; legal expenses; noticing; and overhead costs. The Fee has been updated twice since its establishment, with the most recent update appro Resolution No. 2014-074 on a basis of $449,649.19 in total costs includingadditional costs from July 2013 through April 2014. Since the adoption of Resolution No. 2014-074, the City has incurred an additional $5,188.74 in staff and legal costs to develop a Public Safety Outfit Mitigation Fee, triggered by the CEQA requirements for the Specific Plan, together with project accoun and fee reporting pursuant to the Municipal Code. This means tha total $454,837.93 in costs has been incurred by the City to process the specific planand represents the 2015 Basis of the Exhibit A Wilfred/Dowdell Specific Plan Reimbursement Fee. This new basis is detailed in to the attached resolution and supersedes the 2014 basis for the fe These costs are allocated amongst the properties in the Wilfred/Do proportion to the size of the parcel. The parcels included in the Specific Plan Area, their acreage and their share of overall costs is included in Table 1. Table 1. Wilfred/Dowdell Specific Plan Parcels, Acreage and Share of Specific Plan Costs Assessor Parcel No. Parcel Acreage Prorata Share of Specific Plan Costs 045-075-0162.26 9.32% 045-075-0171.02 4.21% 045-075-0031.25 5.15% 045-075-0055.06 20.87% 045-075-0065.08 20.95% 045-075-0083.78 15.59% 045-075-0091.26 5.20% 045-075-0100.16 0.66% 045-075-0110.05 0.20% 045-075-0120.12 0.49% 045-055-0294.21 17.36% 24.25acres 100.00% As each parcel within the Specific Plan Area is developed, that parcels prorated share of the total cost is paid to the City. 2 Itemization of Specific Plan Fees Collected: In Fiscal Year 2014-15, $123,305.86 in Wilfred/Dowdell Specific Plan Reimbursement Fees was collected from property owners/developers of the specific plan parcels as follows in Table 2. Table 2. Wilfred/Dowdell Specific Plan Reimbursement Fees Paid Assessor Parcel No. Owner/Developer Fee Amount Paid 045-055-029 COBT LLC / Baney Corporation(Oxford Suites) $78,062.81 045-075-017 Amys Kitchen Restaurant Holdings $18,913.08 045-075-003 Amys Kitchen Restaurant Holdings $23,177.79 045-075-011 Amys Kitchen Restaurant Holdings $927.11 045-075-012 Amys Kitchen Restaurant Holdings $2,225.07 TOTAL FEES COLLECTED $123,305.86 These Fee amounts were specified in Resolution No. 2014-074for each parcel. The Fees were paid at time of building or grading permit issuance for projects Fiscal Year 2014-15 is the first time the City experienced development in the Wilfred/Dowdell Specific Plan Area, so the fee payments summarized in Table 2 are also the cumulative total of Wilfred/Dowdell Specific Plan Reimbursement Fees collected since the establishment of the fee. These fees do not include the parcels share of work that was done in Fiscal Year 2014-15 that benefitted the parcels, specifically the adoption of the Wilfred which satisfied a required mitigation measure for all property i Additions or Deletions to the Wilfred/Dowdell Specific Plan: There have been no additions or deletions in acreage to the Wilfred/Dowdell Specific Plan Area. ANALYSISFOR UPDATED FEE: As of April 2015, a total of $454,837.93 in costs has been incurred by the City to process the specific plan. These costs benefit all property within the Specific Plan. Rohnert Park Municipal Code 17.06.450 provides that the fee can be amended from time to time. In order to achieve adequate cost recovery of the specific plan costs and to fairly distribute the costs to benefitting parcels, staff recommends that the Fee be updated as illustrated in Table 3. Table 3. Wilfred/Dowdell Specific Plan - Amended Fee Calculation Parcel Prorated Fee per Additional costs from Assessor Parcel No. Proposed Updated Fee Acreageshare Reso. No. 2014-074 May 2014-April 2015 045-075-016 2.26 9.32%$41,905.45 $483.57 $42,389.02 045-075-017 1.02 4.21% $18,913.08 $218.25 $19,131.33 045-075-003 1.25 5.15% $23,177.79 $267.46 $23,445.25 045-075-005 5.06 20.87% $93,823.71 $1,082.68 $94,906.39 045-075-006 5.08 20.95% $94,194.55 $1,086.96 $95,281.51 045-075-008 3.78 15.59% $70,089.65 $808.80 $70,898.45 045-075-009 1.26 5.20% $23,363.22 $269.60 $23,632.82 045-075-010 0.16 0.66% $2,966.76 $34.24 $3,000.99 045-075-011 0.05 0.21% $927.11$10.70 $937.81 045-075-012 0.12 0.49% $2,225.07 $25.68 $2,250.74 045-055-029 4.21 17.36% $78,062.81 $900.81 $78,963.62 24.5 100.00% $449,649.19$5,188.74 $454,837.93 3 COLLECTION OF THE UPDATED FEE: For parcels that have not yet developed, the updated fee amount will continue to be due at the time of issuan permit. The five parcels that have already developed have paid fees of $ basis. However, these parcels have an actual fair share of $124,728.75 including costs that were incurred in Fiscal Year 2014-15 for their benefit. Staff will collect the modest additional s costs under the provisions of the reimbursement agreements with these parcels developed in Fiscal Year 2014-15, they will be removed from the fee calculations for any subsequent updates. OPTIONS CONSIDERED: 1.Receive and file the annual report for the Wilfred/Dowdell Speci Reimbursement Fee and approve an update of the Fee to reflect payments made and new costs incurred (recommended action). This action will keep the f development activity, providing both the City and potential deve information on cost recovery needs. 2.Receive and file the annual report but do not update the Fee. The Council may choose not update the Fee at this time. There is no required timeline to u reimbursement fee. However, if the Fee is not current the City developers with a Fee update at some later date or not recovering cos for processing this specific plan. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the recommended action for the City Council to consider this specific plan reimbursement fee annual report and to file and accept the report. There is no fiscal impact to the General Fund to update the fee. deposited into a restricted account that offsets the expenses al to process the specific plan. If the fees are not updated, there is a potential impact to the Fund because costs associated with processing the Wilfred/Dowdel recovered from benefitting development. Department Head Approval Date:06/09/2015 City Manager Approval Date:06/15/2015 City Attorney Approval Date:06/09/2015 Attachments: 1.Resolution of the City Council of the City of Rohnert Park Updating the Wilfred/Dowdell Specific Plan Reimbursement Fee and Superseding Resolution 2014-074. 2.Exhibit A to Resolution: 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee 4 RESOLUTION NO. 2015-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK UPDATING THEWILFRED/DOWDELL SPECIFIC PLAN REIMBURSEMENT FEE AND SUPERSEDING RESOLUTION NO. 2014-074 WHEREAS , Rohnert Park Municipal Code 17.06.450 allows the Rohnert Park City Council to adopt by resolution, a fee schedule for costs incurr and implementation of a specific plan including the preliminary costs incurred pursuant to CEQA; WHEREAS , on September 23, 2008, the City Council of the City of Rohnert Park certified the Environmental Impact Report (EIR) and Supplemental EIR prepa Wilfred/Dowdell Specific Plan Area (Area) and adopted the Wilfred/Dowdell Specific Plan, and the Area was subsequently annexed to Rohnert Park on December 10, 2009; WHEREAS, on July 26, 2011, the City Council adopted Resolution No. 2011-70 to establish the Wilfred/Dowdell Specific Plan Reimbursement Fee (Fee) which isto be charged to developers/property owners of parcels in the Area to reimburse the City of Rohnert Park for specific plan preparation costs of $409,677.69 incurred by the City through April 30, 2011. The fee is imposed at the time of parcel map application or building is prorated based on a parcels share of developable acreage within the Area; WHEREAS, on August 27, 2013 the City Council adopted Resolution No. 2013-126 to update the Fee to reflect an increased amount of total costs incurred by the City of $448,023.50 consisting of consultant costs, City administrative fees, public noticing and to process the project through for continued specific plan imple through June 30, 2013; WHEREAS, on June 24, 2014 the City Council adopted Resolution No. 2014-074 to update the Fee to reflect an increased amount of total costs inc$449,649.19 consisting of consultant costs, City administrative fees, public to process the project through for continued specific plan implementation pursuant to CEQA through April 30, 2014; WHEREAS, the amount of costs incurred by the City for the Area now totals $454,837.93 consisting of consultant costs, City administrative fees, legal fees, public noticing and City staff labor costs to process the project through April 30, 2015; WHEREAS, Rohnert Park Municipal Code 17.06.450 provides that the Fee can be amended from time to time. WHEREAS , the City Council finds and determines as follows: A.The Wilfred/Dowdell Specific Plan was prepared and adopted by the City to fac the orderly and systematic development of the Area through the e comprehensive planning program consistent with the Rohnert Park General Plan. B.Persons or entities seeking to develop projects in the Area derive substantialbenefits from the preparation and adoption of the Wilfred/Dowdell Specific Plan in that: 1.Environmental documents prepared in connection with the Wilfred/Dowdell Specific Plan, including the EIR and Supplemental EIR, reduce the scope and cost of subsequent environmental review that otherwise is required in connection with Wilfred/Dowdell Specific Plan Area development projects; 2.Preparation of the Wilfred/Dowdell Specific Plan substantially reduces the scope and cost of planning review otherwise required in connection with Wilfred/Dowdell Specific Plan Area developments projects; C.California Government Code Section 65456 allows that the City Council after adopting a specific plan, may impose a specific plan fee upon persons seeking governmental approvals which are required to be consistent with The fees shall be established so that, in the aggregate, they de not exceed, the cost of preparation, adoption, and administration of the specific plan, including costs incurred pursuant to Division 13 (commencing wit the Public Resources Code. D.A specific plan reimbursement fee as contemplated by California Section 65456 and Rohnert Park Municipal Code 17.06.450 is not a tax subject to the supermajority voting provisions of Article XIII of the Californi amended by Proposition 26, but is an exception under Section 1(e)(1) and (6) of Article XIII C of the California Constitution as amended by Proposition 26, to wit: (e) As used in this article, "tax" means any levy, charge, or exaction of any kind imposed by a local government except the following: (1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege…. (6) A charge imposed as a condition of property development. E.The $454,837.93 in costs in 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee (Exhibit A) are reimbursable costs pursuant to California Government Code Section 65456 and Rohnert Park Municipal Code 17.06.450. These costs exceed the $449,649.19 amount on which the existing Fee updated by Resolution No. 2014-074was based. F.City staff anticipates that additional costs for the administrat Wilfred/Dowdell Specific Plan may be incurred. Pursuant to Rohnert Park Municipal Code 17.06.450F, City staff will report to the City Council least once every year or more frequently as needed, the updated costs of the preparation, adoption and administration of the Wilfred/Dowdell Specific Plan, and may request that the City Council consider amending the Fee as established by this Resolution. WHEREAS , notice of the public hearing before the City Council on this F published twice in the newspaper for at least ten (10) days purs and was mailed fourteen (14) days in advance to persons who requested the informati WHEREAS , for at least ten (10) days prior to the public hearing a copy 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee(Exhibit A)was made available for public review at the City Clerks office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2.Environmental Clearance. The adoption of this Resolution is exempt from the California Environmental Quality Act as this action is project as defined in California Code of Regulations, Title 14 20, Section 15378(a): (a) "Project" means the whole of an action, 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,… Section 3.Fee Updated. The Wilfred/Dowdell Specific Plan Reimbursement Fee (Wilfred/Dowdell Reimbursement Fee) is updated to reflect the total costs incurred by the City through April 30, 2015 for the preparation, adoption, and implementation of the Wilfred/Dowdell Specific Plan including costs incurred pursu The Wilfred/Dowdell Reimbursement Fee is established to reimburse the City for these expenses. It is not a monetary exaction for the purposes of defraying the public facilities. Payment of the Wilfred/Dowdell Reimbursement to any applicable fee(s) which may be imposed to offset impacts to public facilities. Section 4.Amount of Fee. The Wilfred/Dowdell Reimbursement Fee charged for each parcel is a prorated amount in accordance with the applican derived from the specific plan, as nearly as can be estimated. poses of estimating relative benefit, the amount of the Wilfred/Dowdell R based on a prorated share of developable acreage within the Wilf Plan acreage. The amount of the Wilfred/Dowdell Reimbursement Fo each parcel is as follows: Wilfred/Dowdell Specific Plan Reimbursement Fee based on 2015 Ba Assessors Parcel Fee based on Number Parcel Acreage Prorata Share 2015 Basis of Costs (Exhibit A) 045-075-016 2.269.32% $42,389.02 045-075-017 1.024.21% $19,131.33 045-075-003 1.255.15% $23,445.25 045-075-005 5.0620.87%$94,906.39 045-075-006 5.0820.95%$95,281.51 045-075-008 3.7815.59%$70,898.45 045-075-009 1.265.20% $23,632.82 045-075-010 0.160.66% $3,000.99 045-075-011 0.050.21% $937.81 045-075-0120.120.49%$2,250.74 045-055-029 4.2117.36%$78,963.62 24.25 100.00% $454,837.93 Section 5.Time of Payment. The Wilfred/Dowdell Reimbursement Fee shall be due and payable prior to the issuance of a building permit, or aication of subdivision map or parcel map, whichever comes first. Section 6.Uses of Fee Revenue. Revenue generated from the Wilfred/Dowdell Reimbursement Fee shall be used only to reimburse the City for c preparation and adoption of the Wilfred/Dowdell Specific Plan and costs incurred pursuant to CEQA for the Wilfred/Dowdell Specific Plan. Section 7.Creation of Fee Account. Wilfred/Dowdell Reimbursement Fees collected shall be deposited in a restricted account maintained within this account, and any interest accrued thereon, shall be used solely f purpose set forth by this Resolution. Once monies in the account reimburse the City for its costs incurred, those monies shall be the City. Section 8.Refunds. No applicant shall be entitled to a refund of the Wilfred/Dowdell Reimbursement Fee collected if, for any reason, subject to the Wilfred/Dowdell Reimbursement Fee does not procee Section 9.Exemptions. Thefee shall not apply to building permits for reconstruction and expansion of legal non-conforming residential uses in the Specific Plan Area as determined by the City Manager or designee. Section 10.Appeals. Appeal of any reimbursement fee imposed pursuant to this Resolution shall be made in accordance with the appeal procedures established in the Rohnert Park Municipal Code for the City Council. Section 11.Amendments to Fee. This fee may be reviewed and amended by resolution from time to time as provided by Rohnert Park Municip Section 12.Severability. If any action, subsection, sentence, clause or phrase of this Resolution or the fees levied by this Resolution shall be held i unconstitutional by a court of competent jurisdiction, such inva the validity of the remaining portions of this Resolution or the fees levied by this Resolution that can be given effect without the invalid provisio BE IT FURTHER RESOLVED, that the Fee established by this resolution supersedes the Fee established by Resolution No. 2011-70 and updated by Resolution No. 2014-074 and Resolution No. 2013-126 and as shown in Exhibit A. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert th Park on this 23 day of June, 2015. ATTEST: CITY OF ROHNERT PARK ____________________________________ City Clerk Mayor CALLINAN: _________MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A to Resolution 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee Summary and Notes SPECIFIC PLAN PROCESSING COSTS SUMMARY Total Costs to Date Item EIR Contract & Supplemental EIR Contract$330,040.45 Legal and Other Services, Noticing, and City Staff Time$124,797. SPECIFIC PLAN PROCESSING COSTS through April 2015$454,837.93 (1) Summary of total cost change from 2014 Basis Amount Costs incurred from May 2014 through April 2015 Legal services - Burke, Williams & Sorensen LLP Inv. #180945$2,4 (2) Legal services - Burke, Williams & Sorensen LLP Inv. #181675$449.28 (2) 7% administrative fee for legal consultant services shown above$204.42 Public Noticing - The Community Voice Inv. #14131$418.00 (3) City staff labor - May 2014 through April 2015$1,646.00 (4) Total Cost Change May 2014 through April 2015$5,188.74 Notes: (1)This accounting includes costs of consultants invoiced and paid encumbered and payable through 4/30/2015, and staff services ren for: Preliminary Specific Plan Specific Plan Environmental Impact Report (EIR) Supplemental EIR Annexation Studies and development of environmental mitigation and monitoring program as required by the EIR. (2) 7% City Administrative Fee is applied to all consultant costs ot to which a 20% EIR Administrative Fee is charged. (3)No administrative fee is applied to services (i.e. printing, pub fees. (4)City Staff Project Time is based on hourly rates and/or fully bu rates + overhead as determined by fee study) in place at the tim incurred. No administrative fee is applied to staff labor costs. (Updated 6/14/15) EXHIBIT A to Resolution 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee EIR and Supplemental EIR costs (Costs through 4/30/15) EIR CONSULTANT Total Contract Expenditures Company/Organizationamountto Date PARSONS HBA89,282.00$ 89,272.00$ Company/OrganizationInvoice No.Invoice Datmoun eAt PARSONS HBA146878511/2/989,340.00 PARSONS HBA*Dec. 9824,840.00 PARSONS HBA15451231/31/9927,380.00 PARSONS HBA15926904/1/9910,044.00 PARSONS HBA*17,668.00 89,272.00 Subtotal City administrative fee20%17,854.40 TOTAL EIR CONSULTANT & ADMINISTRATIVE FEE COSTS107,126.40$ SUPPLEMENTAL EIR CONSULTANT Paid by Date PaidCheck Nomoun Company/OrganizationInvoice No.Invoice DateAt MACTEC Engineering and Consulting80944526/16/046/30/041461581,911.00 MACTEC Engineering and Consulting81000117/26/048/11/04146618705.25 MACTEC Engineering and Consulting81062728/30/049/15/04147427564.90 MACTEC Engineering and Consulting81116319/29/0410/13/041479861,284.68 MACTEC Engineering and Consulting811737111/3/0411/9/041487141,480.53 MACTEC Engineering and Consulting812389812/3/0412/14/041494552,849.43 MACTEC Engineering and Consulting812768712/31/041/12/05149944710.26 MACTEC Engineering and Consulting81334952/4/052/15/051508567,424.45 MACTEC Engineering and Consulting81374753/4/054/6/051518375,521.15 MACTEC Engineering and Consulting81416515/4/055/18/054519735,715.79 MACTEC Engineering and Consulting81463196/3/056/15/051528761,894.80 MACTEC Engineering and Consulting81519086/29/056/30/051534404,123.40 MACTEC Engineering and Consulting81561158/1/058/16/051542782,163.71 MACTEC Engineering and Consulting81597058/1/058/16/05154798428.08 MACTEC Engineering and Consulting81639478/19/059/23/051557927,065.64 MACTEC Engineering and Consulting81679819/22/0510/5/0515600217,674.40 MACTEC Engineering and Consulting817431211/1/0511/17/051570116,992.91 MACTEC Engineering and Consulting818380112/23/051/31/061584651,174.31 MACTEC Engineering and Consulting82019165/2/066/7/061613381,131.24 MACTEC Engineering and Consulting82070635/31/066/30/061621845,012.37 MACTEC Engineering and Consulting82127236/30/066/30/061625746,636.78 MACTEC Engineering and Consulting82156388/2/068/16/06165692356.74 MACTEC Engineering and Consulting82194208/28/069/20/06163792432.34 MACTEC Engineering and Consulting823066311/6/0611/15/06165043853.13 MACTEC Engineering and Consulting82243349/27/0611/15/06165043981.75 MACTEC Engineering and Consulting823234711/27/0612/20/06165973577.50 MACTEC Engineering and Consulting82400731/29/072/26/071673951,141.38 MACTEC Engineering and Consulting82454063/2/073/21/071679567,613.65 MACTEC Engineering and Consulting8250033a3/30/077/27/071704921,993.53 MACTEC Engineering and Consulting82549195/4/076/1/071696801,929.88 MACTEC Engineering and Consulting82668597/20/079/11/071716831,429.48 MACTEC Engineering and Consulting82745038/31/0712/3/071722742,686.36 MACTEC Engineering and Consulting82966752/15/082/29/081761332,105.91 MACTEC Engineering and Consulting83021333/28/084/11/081772612,812.01 MACTEC Engineering and Consulting83064645/2/086/4/08178444230.00 EXHIBIT A to Resolution 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee EIR and Supplemental EIR costs (Costs through 4/30/15) MACTEC Engineering and Consulting83175487/31/089/24/081810992,225.56 MACTEC Engineering and Consulting83211548/22/089/24/08181099668.63 MACTEC Engineering and Consulting83405022/9/097/15/0918723211,233.78 MACTEC Engineering and Consulting84279645/6/116/15/11199738894.50 MACTEC Engineering and Consulting84306506/3/117/6/11200035273.25 AMEC (formerly MACTEC)84385588/19/1110/19/112020613,863.71 AMEC (formerly MACTEC)84409049/2/1110/19/112020616,599.37 AMEC (formerly MACTEC)844388110/5/1110/26/112022011,791.92 AMEC (formerly MACTEC)844829611/29/111/18/12203795506.50 AMEC (formerly MACTEC)845230512/23/112/8/1220419712,061.76 AMEC (formerly MACTEC)K095806773/28/124/18/122054428,016.26 AMEC (formerly MACTEC)K025206225/14/126/5/1220631583.28 AMEC (formerly MACTEC)K025210723/25/134/17/132119331,081.46 156,908.72 Subtotal City administrative fee20%31,381.74 TOTAL SUPPLEMENTAL EIR CONSULTANT & ADMINISTRATIVE FEE COSTS188,290.46$ SUPPLEMENTAL EIR CONSULTANT - Contracts Payable Company/OrganizationContract descriptionAmount remaining in contract Amendment #5 to Agreement for Services with MACTEC Inc. for Biological-Environmental AMEC (formerly MACTEC)Services for the Wilfred Dowdell Specific Plan 28,852.99 28,852.99 Subtotal City administrative fee20%5,770.60 TOTAL CONTRACTS PAYABLE & ANTICIPATED ADMINISTRATIVE FEE COSTS34,623.59$ $330,040.45 TOTAL EIR & SUPPLEMENTAL EIR COSTS (Reviewed 6/1/15. Last updated 5/29/14; no additional costs in this category of specific plan processing.) EXHIBIT A to Resolution 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee Legal and Other Services, Noticing, and City Staff Time (Costs through 4/30/15) LEGAL AND CONSULTING SUPPORT SERVICE S InvoicePaid by Company/OrganizationInvoice No.DateDate PaidCheck NoAmount Whitlock & Weinberger Transportation, Inc.22183/27/004/20/0010476,325.00 Whitlock & Weinberger Transportation, Inc.21642/28/006/9/00105952,360.35 Whitlock & Weinberger Transportation, Inc.22704/24/006/9/00105951,650.00 Whitlock & Weinberger Transportation, Inc.23615/29/0010/6/001104605.00 Whitlock & Weinberger Transportation, Inc.23956/26/0010/6/001104110.00 Whitlock & Weinberger Transportation, Inc.24597/31/0010/6/001104275.00 Whitlock & Weinberger Transportation, Inc.25218/28/0010/6/0011041,009.00 Whitlock & Weinberger Transportation, Inc.25819/25/0011/9/0011121,457.50 Whitlock & Weinberger Transportation, Inc.264910/30/0011/30/00115,539.20 Whitlock & Weinberger Transportation, Inc.272511/27/001/12/011121,135.00 Whitlock & Weinberger Transportation, Inc.28031/2/012/9/01113638408.65 Whitlock & Weinberger Transportation, Inc.28981/29/012/23/011138110.00 Whitlock & Weinberger Transportation, Inc.29862/26/013/9/01114311,207.50 Whitlock & Weinberger Transportation, Inc.30773/26/014/5/0111500330.00 Winzler & Kelly Consulting Engineers1247211/24/042/7/05153080546.75 Winzler & Kelly Consulting Engineers1309612/13/045/25/05153080525.50 Winzler & Kelly Consulting Engineers147023/17/055/25/05153080212.00 McDonough Holland & Allen1785567/27/068/9/06162663202.80 McDonough Holland & Allen1799538/31/069/15/061636811,054.56 McDonough Holland & Allen1811159/28/0610/19/061643973,240.12 McDonough Holland & Allen18212510/31/0611/15/061650493,850.08 McDonough Holland & Allen18306211/29/0612/13/06165699450.84 McDonough Holland & Allen18407112/23/061/17/071663471,414.92 McDonough Holland & Allen1851581/29/072/7/07166935932.88 McDonough Holland & Allen1864062/24/073/14/07167787503.88 McDonough Holland & Allen1873893/27/074/25/071688382,988.96 McDonough Holland & Allen1894565/24/076/6/0716985785.80 McDonough Holland & Allen1902876/23/076/23/07Accrued2,516.80 McDonough Holland & Allen1916607/31/076/30/071716841,038.44 McDonough Holland & Allen1923128/27/0710/3/071724051,009.32 Winzler & Kelly Consulting Engineers318709/17/0710/17/071728821,764.00 McDonough Holland & Allen1935349/29/0710/31/07173101163.80 Winzler & Kelly Consulting Engineers3237110/16/0711/14/071735041,134.00 Winzler & Kelly Consulting Engineers3373012/24/071/16/08175049378.00 McDonough Holland & Allen19681012/28/071/16/08174981932.88 McDonough Holland & Allen1997963/31/085/14/08178054301.60 McDonough Holland & Allen2035207/31/086/30/08180678507.00 McDonough Holland & Allen2044558/27/0810/8/081814874,089.80 McDonough Holland & Allen2052619/26/0810/15/08181584642.20 Coastland Civil Engineering, Inc.2920510/31/0812/3/081824914,109.25 Coastland Civil Engineering, Inc.2928011/30/0812/17/08182919451.25 McDonough Holland & Allen20734111/26/081/21/09183524257.40 McDonough Holland & Allen20633410/31/081/21/091835241,437.80 Coastland Civil Engineering, Inc.296863/31/094/29/09185478267.50 Alicia Giudice2009-12112/10/0912/22/09190110580.00 North Fork AssociatesPL09-052-0112/31/092/8/10190931174.36 North Fork AssociatesPL09-052-693/7/113/16/11198136751.25 North Fork AssociatesPL09-052-754/7/114/27/11198827289.25 North Fork AssociatesPL09-052-805/4/115/25/11199414220.38 Burke, Williams & Sorensen LLP1474406/20/116/30/112002471,099.80 6/30/2011 Burke, Williams & Sorensen LLP2009267/15/112009262,389.40 (accrued) EXHIBIT A to Resolution 2015 Basis of the Wilfred/Dowdell Specific Plan Reimbursement Fee Legal and Other Services, Noticing, and City Staff Time (Costs through 4/30/15) Burke, Williams & Sorensen LLP1489668/8/119/21/112015811,419.60 Burke, Williams & Sorensen LLP15074510/26/1111/16/11202671605.28 Dudek201227948/10/118/21/12207823931.01 Dudek201231699/18/1210/17/122087501,520.00 Dudek2012335810/9/1211/8/12209184137.75 Dudek2012450212/20/121/16/13210380429.88 Burke, Williams & Sorensen LLP1688498/30/139/18/13214745474.24 Burke, Williams & Sorensen LLP1809459/17/1410/15/142219322,471.04 Burke, Williams & Sorensen LLP18167510/8/1412/3/14222776449.28 73,474.85 Subtotal City administrative fee7%5,143.24 SUBTOTAL CONSULTANTS:78,618.09$ PUBLIC NOTICING AND OTHER SERVICES InvoicePaid by Company/OrganizationInvoice No.DateDate paidCheck NoAmount Fedex Kinko's1090000031732/22/073/14/07167775872.24 The Community Voice84989/12/089/24/08181074214.50 Sonoma County Clerkn/a9/23/089/24/081811372,656.75 Sign-A-Rama51868/22/089/24/081811341,003.99 The Community Voice861310/17/0810/17/08181794173.25 Sonoma County Clerkn/a4/14/094/15/0918541050.00 Sonoma LAFCOn/a4/14/094/15/091854115,800.00 The Community Voice84338/15/086/30/09181074103.50 CA Board of Equalizationn/an/a10/30/091892331,200.00 Your Other Office, Inc.371311/18/0912/2/0918973322.89 The Community Voice71607/11/118/10/11200824520.00 The Community Voice131308/16/138/28/13214274308.00 The Community Voice1413110/1/1410/22/14222053418.00 SUBTOTAL13,343.12$ CITY STAFF PROJECT TIME City staff time (Engineering) 2005 Draft EIR; mtgs; corresponden115.50 City staff time (Engineering) 2006 Draft EIR; mtgs.; corresponde1,059.12 City staff time (Engineering) 2007 Draft EIR; correspondence; sp798.35 City staff time (Engineering) 2008 Draft EIR; final draft EIR; r1,968.30 City staff time (Engineering) 2009 Specific plan review; annexat3,405.25 City staff time (Dev. Services) 2010 ROW issues; street imprvmnt1,665.00 City staff time (Dev. Services) 2011Site plan, ROW, roadways, CO15,723.00 City staff time (Dev. Services) 2012Plan review, accounting; fil5,049.25 City staff time Jan 2013 - June 2013Plan review, accounting; fil596.25 City staff time July 2013 - April 2014Accounting; files; reporti810.25 Public safety CEQA mitigation fee; accounting; files; City staff time May 2014 - April 2015reporting1,646.00 SUBTOTAL32,836.27$ Legal and other services, public noticing, and city staff project time total:$124,797.48 (Updated 6/1/15)