2015/07/28 City Council Resolution 2015-128RESOLUTION NO. 2015-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT REGARDING THE
ESTABLISHMENT AND COLLECTION OF REGIONAL TRAFFIC IMPACT FEES
FOR THE NORTHWEST SPECIFIC PLAN AREA BETWEEN THE CITY OF
ROHNERT PARK AND THE COUNTY OF SONOMA
WHEREAS, the City of Rohnert Park and County of Sonoma have expressed a desire to
enter into an agreement regarding the establishment and collection of regional traffic impact fees
for the Northwest Specific Plan Area,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Agreement by and between the City of
Rohnert Park, a municipal corporation, and the County of Sonoma Regarding the Establishment
and Collection of Regional Traffic Impact Fees for the Northwest Specific Plan Area
( "Agreement ") in substantially similar form as attached hereto as Exhibit "A" subject to review
and approval by the City Attorney.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute the Agreement.
DULY AND REGULARLY ADOPTED this 28th day of July, 2015.
CITY OF ROHNERT PARK
r
Mayor
ATTEST:
- ty Clerk
CALLINAN: NAC MACKENZIE:'AsAQ STAFFORD: 9 2 � BELFORTE: (� AHANOTU:��
AYES: (-cj ) NOES: (p ) ABSENT: ( Q ) ABSTAIN: )
OAK #4836- 6851 -1781 v1
EXHIBIT A
AGREEMENT REGARDING THE ESTABLISHMENT AND
COLLECTION OF REGIONAL TRAFFIC IMPACT FEES FOR
THE NORTHWEST SPECIFIC PLAN AREA BETWEEN THE CITY OF ROHNERT
PARK AND THE COUNTY OF SONOMA AND
OAK #4836-6851-1781 vl
AGREEMENT REGARDING THE ESTABLISHMENT AND COLLECTION OF
REGIONAL TRAFFIC IMPACT FEES FOR THE NORTHWEST SPECIFIC PLAN AREA
BETWEEN THE CITY OF ROHNERT PARK AND THE COUNTY OF SONOMA
This Agreement Regarding the Establishment and Collection of Regional Traffic Impact
Fees For the Northwest Specific Plan Area (hereinafter "Agreement ") is made and entered into
as of July , 2015 ( "Effective Date ") by and between the CITY OF ROHNERT PARK
( "CITY ") and the COUNTY OF SONOMA ( "COUNTY ").
RECITALS
1. On November 25, 2014, CITY adopted Resolution No. 2014 -157 approving a
Specific Plan for the Northwest Specific Plan Area Located South of Millbrae Avenue, West of
Dowdell Avenue, North of Business Park Drive, and east of Langner Avenue in Sonoma County,
California ( "NWSPA ").
2. On November 25, 2014, CITY adopted Resolution No. 2014 -155 certifying the
Final Environmental Impact Report ( "FEIR "), Adopting Statement of Overriding Considerations,
and Adopting Mitigation Monitoring Reporting Program for the NWSPA and annexation for the
NWSPA. The FEIR identified regional traffic impacts from development of the NWSPA that
cannot be mitigated unilaterally primarily because they are outside CITY'S jurisdiction.
3. On November 25, 2014, CITY adopted Resolution No. 2014 -158 initiating an
application for a reorganization involving annexation to the CITY and concurrent detachment
from the Rincon Valley Fire Protection District and County Service Area No. 41 of the NWSPA.
CITY submitted an application for this reorganization to the Local Agency Formation
Commission of the County of Sonoma ( "LAFCO ") in January 2015.
4. The FEIR includes a mitigation measure that commits the CITY to coordinating
with COUNTY to establish a regional impact fee program which would allow CITY to collect
fees from development within the NWSPA and contribute a proportional share of the total
mitigation costs of widening Stony Point Road associated with improving operations of the
intersections at Stony Point Road/Millbrae Avenue and Stony Point Road /Wilfred Avenue.
5. In order to establish and implement regional traffic impact fees for development
within the NWSPA ( "NWSPA Regional Impact Fees "), it will be necessary for CITY to identify,
in consultation with the COUNTY, specific construction projects that will mitigate future traffic
impacts, the costs of those construction projects and the NWSPA's share of those construction
projects. In accordance with the Mitigation Fee Act (Government Code Section 66000 et. seq.),
this establishment and implementation effort must include preparation of an appropriate study
establishing a reasonable relationship between: the fee's use and the type of development project
on which the fee is imposed; the need for the public facility and the type of development project
on which the fee is imposed; and the amount of the fee and the cost of the public facility or
portion of the public facility attributable to the development on which the fee is imposed
( "Nexus Study ").
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 1
OAK #4845- 7074 -3588 v1 l
6. Mitigation of the regional traffic impacts of the NWSPA, as identified in the
FEIR, through execution by CITY and COUNTY of this Agreement was a condition to approval
by LAFCO of the Rohnert Park Reorganization No. 2014 -0001 (Northwest Specific Plan),
involving annexation to the City of Rohnert Park and detachment from Rincon Valley Fire
Protection District and County Service Area No. 41.
7. CITY warrants to COUNTY that CITY is capable of and possesses the skill,
experience, ability, background, certification, and knowledge to approve, fund, and oversee the
preparation of the Nexus Study required by this Agreement.
8. CITY wishes to transfer to COUNTY all NWSPA Regional Impact Fees collected
from development within NWSPA following adoption of the appropriate Nexus Study, and
COUNTY is willing to accept such NWSPA Regional Impact Fees, to allocate those NWSPA
Regional Impact Fees exclusively to projects identified in the Nexus Study, to comply with all
reporting requirements of the Mitigation Fee Act and to refund NWSPA Regional Impact Fees to
appropriate parties as required by the Mitigation Fee Act, if COUNTY does not accomplish the
projects identified in the Nexus Study (or, if the administrative costs of refunding exceed the
amount to be refunded, to reallocate those Fees to related purposes in accordance with
Government Code section 66001(f)).
9. CITY and COUNTY desire to enter into this Agreement to define a framework to
enable the two parties to work cooperatively in the establishment, collection and administration
of NWSPA Regional Impact Fees.
NOW, THEREFORE, in consideration of the foregoing, CITY and COUNTY do
hereby agree as follows:
I. CITY AGREES:
1. Preparation of Nexus Study. CITY shall be responsible for authorizing,
conducting and funding a Nexus Study for the purpose of establishing regional traffic
improvements necessitated by development within the NWSPA which study shall be used to
establish NWSPA Regional Impact Fees. CITY agrees that the Nexus Study will be prepared in
accordance with all requirements of the Mitigation Fee Act (Government Code Section 66000 et
seq.).
2. Collection of NWSPA Regional Impact Fees. CITY hereby agrees to collect from
all developers who develop within the NWSPA all NWSPA Regional Impact Fees designated in
the Nexus Study prior to CITY's approval of occupancy of the development project or any
portion thereof.
3. Transfer of NWSPA Regional Irn pact Pees to COUNTY. CITY shall, on a
quarterly basis, transfer to COUNTY for construction of those projects identified in the Nexus
Study, all NWSPA Regional Impact Fees collected by CITY from developers within the
NWSPA.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 2
OAK #4845- 7074 -3588 v 1
4. Compliance with Laws. With regard to the NWSPA Regional Impact Fees, CITY
shall at all times use reasonable care to comply with all applicable laws of the United States, the
State of California, the City, and with all applicable regulations promulgated by federal, state,
regional, or local administrative and regulatory agencies, now in force and as they may be
enacted, issued, or amended during the term of this Agreement. Notwithstanding the foregoing,
COUNTY recognizes and understands that legal challenges to the NWSPA Regional Impact
Fees may occur, and COUNTY agrees that CITY shall not be deemed to have breached the
provisions of this Paragraph solely because a legal challenge to an Impact Fee is successful.
5. Records. For the duration of this Agreement, and for five (5) years following the
discharge of this Agreement, CITY shall make available to COUNTY all records relating to the
performance of this Agreement including all records produced in compliance with the Mitigation
Fee Act.
6. Fai lure to CO[nAIy. If a court of law determines that CITY' s' collection and /or
transfer of NWSPA Regional Impact Fees under this Agreement is not in compliance with the
Mitigation Fee Act, CITY shall promptly take all reasonable steps necessary to bring the
collection and transfer of such fees into compliance with the Mitigation Fee Act. CITY
acknowledges that if it fails to collect and transfer fees in accordance with this Agreement, CITY
shall be responsible for undertaking alternative mitigation of the regional traffic impacts of the
NWSPA as required under Mitigation Measure TRANS -1A of the FEIR.
II. COUNTY AGREES:
1. Segregation o F F ees. Upon receipt of NWSPA Regional Impact Fees from CITY,
COUNTY shall hold the NWSPA Regional Impact Fees in a separate, unique account and
allocate interest earned on held funds to said account.
2. Use of NWSPA Regional Impact Fees. COUNTY agrees that all NWSPA
Regional Impact Fees received from CITY shall be used exclusively for construction projects
identified in the Nexus Study, except as otherwise provided in the Mitigation Fee Act.
3. Administration of Funds. COUNTY's receipt and administration of all funds
received from City under this Agreement shall be in compliance with the Mitigation Fee Act.
4. Compliance witli Laws. With regard to the NWSPA Regional Impact Fees,
COUNTY shall at all times use reasonable care to comply with all applicable laws of the United
States, the State of California, the County, and with all applicable regulations promulgated by
federal, state, regional, or local administrative and regulatory agencies, now in force and as they
may be enacted, issued, or amended during the term of this Agreement, including but not limited
to the Mitigation Fee Act. Notwithstanding the foregoing, CITY recognizes and understands that
legal challenges to the NWSPA Regional Impact Fees may occur, and CITY agrees that
COUNTY shall not be deemed to have breached the provisions of this Paragraph solely because
a legal challenge to the NWSPA Regional Impact Fee is successful.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 3
OAK #4845- 7074 -3588 v] ]
5. Records. For the duration of this Agreement, and for five (5) years following the
discharge of this Agreement, COUNTY shall make available to CITY all records relating to the
performance of this Agreement including all records produced in compliance with the Mitigation
Fee Act.
6. Failure to Comply. COUNTY agrees that if a court of law has determined that
COUNTY's receipt and administration of fees collected under this Agreement are not in
compliance with the Mitigation Fee Act, the CITY's obligations under this Agreement to
transmit NWSPA Regional Impact Fees to COUNTY shall be suspended until such time that a
court of law has determined that the COUNTY has cured such non - compliance or the parties
have otherwise agreed. During the time of suspension, CITY shall continue to collect the
NWSPA Regional Impact Fees and shall hold such fees in a separate, unique account and
allocate interest earned on held funds to said account, unless a court of law has ordered, or the
parties have agreed to, a different allocation or distribution of the NWSPA Regional Impact
Fees. Once a court of law has determined that the COUNTY has cured any non - compliance with
the Mitigation Fee Act, CITY shall transmit to COUNTY all NWSPA Regional Impact Fees
accumulated during the suspension, together with interest accrued thereon, for COUNTY's use
in accordance with this Agreement. In the event that COUNTY fails to cure such non-
compliance within the timeframes for expenditure of fees under the Mitigation Fee Act, CITY
shall refund NWSPA Regional Impact Fees to appropriate parties or reallocate such fees as
required by the Mitigation Fee Act.
III. IT IS MUTUALLY AGREED:
1. Term. This Agreement will remain in effect until fully performed or otherwise
discharged by mutual agreement of the parties as provided in Paragraph 3 or 14 of this Section
III.
2. Satisfaction of F1IR Mitigation Measures. It is understood between CITY and
COUNTY that execution and implementation of this Agreement satisfies all CITY obligations
under Mitigation Measure TRANSAA of the FEIR.
Discharge. This Agreement shall be subject to discharge as follows:
a. This Agreement may be canceled by a party for any uncured, ongoing
breach of any material obligation, covenant or condition hereof by the other party, upon notice to
the breaching party. With respect to any breach which is reasonably capable of being cured, the
breaching party shall have thirty (30) days from the date of the notice to initiate steps to cure. If
the breaching party has initiated steps to cure within thirty (30) days and diligently pursues cure,
such party shall be allowed a reasonable time to complete that cure, not to exceed one hundred -
eighty (180) days from the date of the initial notice, unless a further extension is granted by the
non - breaching party. Such extension shall not be unreasonably denied, conditioned or delayed.
On cancellation, the non - breaching party retains the same rights as a party exercising its right to
terminate under the provisions of Paragraph 3(b) below, except that the canceling party also
retains any remedy for breach of the whole contract or any unperformed balance. If the
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 4
OAK #4845- 7074 -3588 vl i
Agreement is canceled by CITY because COUNTY has failed to meet the requirements to use
the NWSPA Regional Impact Fees towards regional traffic impacts identified in the NWSPA in
accordance with the Mitigation Fee Act and the timeframes set forth therein, CITY may, at its
option, demand repayment of all unexpended and uncommitted funds and funds determined by
audit not to have been expended or committed as provided for in this Agreement and the
Mitigation Fee Act, with interest accrued thereon and, thereafter, CITY shall be responsible for
undertaking alternative mitigation of the regional traffic impacts of the NWSPA as required
under Mitigation Measure TRANS -IA of the FEIR.
b. By mutual consent of both parties, this Agreement may be terminated at
any time. Upon termination by mutual consent, (i) COUNTY agrees that it shall be responsible
for third party claims arising from COUNTY's use of any unexpended and uncommitted funds
originally provided to COUNTY under this Agreement, and any interest that has accrued
thereon; and (ii) CITY agrees that it shall be responsible for undertaking alternative mitigation of
the regional traffic impacts of the NWSPA as required under Mitigation Measure TRANS -IA of
the FEIR.
C. Notwithstanding anything in this paragraph 3 of Section I11, to the
contrary, CITY may not discharge, cancel, or terminate this Agreement if COUNTY has entered
into an agreement with any third party for the funding, design and /or implementation of any
construction project identified in the Nexus Study to be funded, in whole or in part, by NWSPA
Regional Impact Fees provided or to be provided by CITY under this Agreement, and the
discharge, cancellation, or termination would preclude COUNTY from fully performing its
duties and obligations under the third -party agreement.
4. ]ndeinnity. Each party to this Agreement (the "Indemnifying Party ") agrees to
accept all responsibility for loss or damage to any person or entity, and to defend, indemnify,
hold harmless and release the other party (the "Indemnified Party ") (including the Indemnified
Party's supervisors, officers, agents, and employees) from and against any and all liabilities,
actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity,
including the Indemnifying Party, to the extent resulting from the Indemnifying Party's
performance of its obligations, or any failure to perform its obligations, under this Agreement,
but excluding liabilities, actions, claims, damages, disabilities, or expenses to the extent caused
by or due to the negligence or willful misconduct of the Indemnified Party. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for the parties hereto or their agents under workers' compensation
acts, disability benefit acts, or other employee benefit acts.
5. Notices. Any notice which may be required under this Agreement shall be in
writing, shall be effective when received, and shall be given by personal service, or by certified
or registered mail, return receipt requested, to the addresses set forth below, or to such addresses
which may be specified in writing to the parties hereto.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 5
OAK #4845- 7074 -3588 vl 1
To CITY:
To COUNTY:
City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
707 -588 -2243
admin @rpcity.org
Director
Permit and Resource Management Department
2550 Ventura Avenue
Santa Rosa, CA 95403
(707) 565 -1900
6. Additional Acts and Documents. Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and instruments, as shall
be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
7. Integration. This Agreement represents the entire agreement of the parties with
respect to the subject matter hereof. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein.
8. Amendment. This Agreement may not be changed, modified or rescinded except
in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement
shall be void and of no effect.
9. Independent A gene . COUNTY renders its services under this Agreement as an
independent agency. None of the COUNTY's agents or employees shall be agents or employees
of the CITY. None of the CITY's agents or employees shall be agents or employees of the
COUNTY.
10. Assi lilg_nent. The Agreement may not be assigned, transferred, hypothecated, or
pledged by any party without the express written consent of the other party.
11. Successors. This Agreement shall be binding upon the successor(s), assignee(s)
or transferee(s) of the COUNTY or CITY as the case may be. This provision shall not be
construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other
than as provided above.
12. Severability. Should any part of this Agreement be determined to be
unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such
determination shall not affect the validity of the remainder of this Agreement, which shall
continue in full force and effect; provided that, the remainder of this Agreement can, absent the
excised portion, be reasonably interpreted to give effect to the intentions of the parties.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 6
OAK 44845- 7074 -3588 vl 1
13. Survival. The covenants and obligations in paragraph 6 of Section II, and
indemnification obligations in paragraph 4 of Section III of this Agreement shall survive the
termination of this Agreement.
14. I-iinitation. All obligations of CITY to transfer funds under the terms of this
Agreement are expressly subject to CITY's continued legal authority to collect and transfer the
NWSPA Regional Impact Fees collected from development. If for any reason CITY's right to
collect or expend such NWSPA Regional Impact Fees is terminated or suspended in whole or
part by a court of law, CITY shall promptly notify COUNTY, and the parties shall consult on a
course of action. If, after ninety (90) days, a course of action is not agreed upon by the parties,
this Agreement shall be terminated, restricted or suspended commensurate with the judicially
determined limits of the City's legal authority. CITY acknowledges that, notwithstanding such
termination, restriction or suspension of this Agreement, CITY shall remain responsible for
mitigation of the regional traffic impacts of the NWSPA, as required under Mitigation Measure
TRANS -1A of the FEIR.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date.
CITY OF ROHNERT PARK
LOW
Amy Ahanotu, Mayor
ATTEST:
ME
JoAnne Buergler, City Clerk
APPROVED AS TO LEGAL FORM:
By:
City Attorney
OAK #4845- 7074 -3588 v] ]
COUNTY OF SONOMA
By:
Susan Gorin, Chairwoman
APPROVED AS TO SUBSTANCE:
I:
Veronica Ferguson, CAO
APPROVED AS TO LEGAL FORM:
ma
County Counsel
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 7