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
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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
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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
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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
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P110•
i
Nigh Speed Surface Transportation Systeas
P. Q. Box 3871 Santa Koaa California 95403
Founded 1969
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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
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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 employees 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 temployees
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 employees 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 Citys 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 Citys 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 Citys 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.
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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
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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.
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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
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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
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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
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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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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 /Lhbt9
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)