2015/08/25 City Council Agenda Packet
City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928
PHONE: (707) 588-2227 FAX: (707) 794-9248 WEB: 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, August 25, 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 and participation at its regular city
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 the City’s website: 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 the Rohnert Park Financing Authority of the
City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised
at public hearing(s) described in this agenda, or in written correspondence delivered to the City of
Rohnert Park at, or prior to the public hearing(s).
RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil
Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines
specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time
within which the decision may be challenged to the 90th day following the date that the decision becomes
final.
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3):
Members of the City Council receive no additional compensation as a result of convening this joint
meeting of the City Council and the Rohnert Park Financing Authority.
PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or
on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and
a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of
speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING
ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices
upon entering the Council Chamber. Use of these devices causes electrical interference with the sound
recording and TV broadcast systems.
Mission Statement
“We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow.”
City of Rohnert Park Joint Regular Meeting Agenda August 25, 2015
for City Council/RPFA/CDC Successor Agency Page 2 of 5
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING
- CALL TO ORDER/ROLL CALL
(Callinan __ Mackenzie__ Stafford __ Belforte __ Ahanotu __)
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
A. Mayor’s Certificate of Recognition: Honoring Cal Ripken Baseball Teams, 8U Blue
Rohnert Park and 11U Blue Rohnert Park, for Winning the 2015 Pacific Southwest
Regional Tournament
4. DEPARTMENT HEAD BRIEFING
A. Department of Public Safety: Explorer Pancake Breakfast & Open House –
Saturday, August 29, 2015 from 8am – 11:30am at 5200 Country Club Drive
5. PUBLIC COMMENTS
Persons wishing 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 one or more action(s)
of the City Council and/or the Rohnert Park Financing Authority and Successor
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 Special Meeting, August 11, 2015
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated August 25, 2015
2. Successor Agency to the CDC Bills/Demands for Payment dated August 25,
2015
3. Councilmember Stafford’s Appointment of Sarah Finnigan to the Mobile Home
Parks Rent Appeals Board - term expiring December 31, 2016
4. RPFA- Cash Report for Month Ending July 2015)
5. Housing Successor Agency- Cash Report for Month Ending July 2015
6. Successor Agency- Cash Report for Month Ending July 2015
7. City- Cash Report for Month Ending June 2015
C. City Council Resolutions for Adoption:
1. 2015-135 Authorizing and Approving the Deletion of One Maintenance
Worker I Position and Two Part-time Seasonal Maintenance
Assistant Positions and the Addition of One Supervising
Maintenance Worker Position in the Public Works
Department
City of Rohnert Park Joint Regular Meeting Agenda August 25, 2015
for City Council/RPFA/CDC Successor Agency Page 3 of 5
2. 2015-136 Authorizing and Approving the City of Rohnert Park Current
Pay Rates and Ranges Revised August 3, 2015
3. 2015-137 Authorizing and Approving a Public Improvement Agreement
by and between the University District LLC and Vast Oak
Properties L.P. for Various Surface and Landscape
Improvements within the Vast Oak Property Phase 1 Project
and Finding These Projects Covered by the Updated Final
Environmental Impact Report for the University District
Specific Plan Project As Amended
4. 2015-138 Authorizing the City Manager to Execute Change Orders up
to Twenty Percent (20%) of the Original Contract Amount for
the Benicia Pool Renovation Project (Project No. 2014-06)
D. Authorize the City Manager to Execute an Intergovernmental Services
Agreement with the County of Sonoma for Material Testing and Inspection
Services
E. Authorize the City Manager to Execute the First Amendment to the Design
Professional Services Agreement Re: Public Outreach with Data Instincts for
Various Construction Projects within the City for $30,000
Council Motion/Vote
7. Consideration of a Resolution Urging the State to Provide New Sustainable
Funding for State and Local Transportation Infrastructure
A. Staff Report
B. Public Comments
C. Resolution for Adoption:
1. 2015-139 Urging the State to Provide New Sustainable Funding for State
and Local Transportation Infrastructure
a. Council motion/discussion/vote
8. Consideration of a City of Rohnert Park Legislative Platform 2015-16
A. Staff Report
B. Public Comments
C. Council discussion/direction
9. Consideration of Draft Bond Project List for Use of Former Community
Development Commission Tax Allocation Bonds
A. Staff Report
B. Public Comments
C. Council discussion/direction
10. Consideration of a City of Rohnert Park Grant Support Policy
A. Staff Report
B. Public Comments
C. Council discussion/direction
City of Rohnert Park Joint Regular Meeting Agenda August 25, 2015
for City Council/RPFA/CDC Successor Agency Page 4 of 5
11. Designation of Proceeds from the Stadium Lands Property Sale
A. Staff Report
B. Public Comments
C. Council discussion/direction
12. COMMITTEE / LIAISON / OTHER REPORTS
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.
13. COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this
meeting. Council Members desiring to read or discuss any communication may do so
at this time. No action may be taken except to place a particular item on a future
agenda for Council consideration.
14. MATTERS FROM/FOR COUNCIL
Prior to agenda publication, any Councilmember may place an item on this portion of
the agenda. Upon the 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 or her own activities or brief announcements regarding an event of
community interest.
15. 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.
16. CLOSED SESSION (Estimated Duration: 30 min)
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Real Property Negotiators (Government Code §54956.8)
Property: Property: 6750 Commerce Blvd. (APN: 143-380-015); 100 Avram
Avenue (APNs: 143-380-022 through 029) and 120 Avram Avenue (APN:
143-061-052)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Party: North Bay Homes and Land, Inc.
Under Negotiation: Price and Terms
B. Reconvene Joint Regular Meeting Open Session in Council Chamber
C. Report On Closed Session (Government Code § 54957.1)
17. ADJOURNMENT
City of Rohnert Park Joint Regular Meeting Agenda August 25, 2015
for City Council/RPFA/CDC Successor Agency Page 5 of 5
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If
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 and state your name and address for the
record. Any item raised by a member of the public which is not on the agenda and may require Council
action shall be automatically referred to staff for investigation and disposition which may include placing
on a future agenda. If the item is deemed to be an emergency or the need to take action arose after
posting 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 Government Code and may take
action thereon.
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person
to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707)
588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City.
Please notify the City Clerk’s 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 inspection at City
Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am
to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all,
of the members of the City Council regarding any item on this agenda after the agenda has been
distributed will also be made available for inspection at City Hall during regular business hours.
CERTIFICATION OF POSTING OF AGENDA
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the August
25, 2015 Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review
on August 20, 2015, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The
agenda is also available on the City web site at www.rpcity.org,
Executed this 20th day of August, 2015 at Rohnert Park, California.
___________________________________________
JoAnne M. Buergler, City Clerk
MINUTES OF THE ADJOURNED SPECIAL MEETING
OF THE CITY OF ROHNERT PARK CITY COUNCIL
Tuesday, August 11, 2015
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Ahanotu called the Special Meeting to order at 4:00 pm, the notice for which being
legally noticed on August 10, 2015.
Present: Amy O. Ahanotu, Mayor
Gina Belforte, Vice Mayor
Joseph T. Callinan, Councilmember
Jake Mackenzie, Councilmember
Pam Stafford, Councilmember
Absent: None
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney
Kenyon, and City Clerk Buergler.
2. PUBLIC COMMENTS
Alan Moody expressed his dissatisfaction on the level of assistance and accommodations
provided by the City related to his disability.
3. CLOSED SESSION
A. Mayor Ahanotu made the closed session announcement pursuant to Government
Code §54957.7 and Council recessed to Closed Session at 4:08 pm in 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 Case)
B. Reconvened Joint Regular Meeting Open Session in Council Chamber 5:00 pm
C. Report On Closed Session (Government Code § 54957.1)
Mayor Ahanotu reported: no reportable action.
4. ADJOURNMENT
Mayor Ahanotu adjourned the Special Meeting at 5:00 pm.
_____________________________________ __________________________________
JoAnne Buergler, City Clerk Amy O. Ahanotu, Mayor
City of Rohnert Park City of Rohnert Park
Item 6.A.1
ITEM NO. 6.B.3
Meeting Date: August 25, 2015
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Acceptance of Reports- Councilmember Stafford’s Appointment of Sarah
Finnigan to the Mobile Home Rent Appeals Board - term expiring December
31, 2016
REPORT: Councilmember Stafford is appointing Sarah M. Finnigan to the Mobile Home Rent
Appeals Board to complete a term expiring December 31, 2016.
Department Head Approval Date: NA
City Manager Approval Date:
City Attorney Approval Date: NA
Finance Director Approval Date: NA
Attachments (list in packet assembly order):
1. Fact Sheet for Appointment
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
ITEM NO. 6.B.3
Meeting Date: August 25, 2015
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Acceptance of Reports- Councilmember Stafford’s Appointment of Sarah
Finnigan to the Mobile Home Rent Appeals Board - term expiring December
31, 2016
REPORT: Councilmember Stafford is appointing Sarah M. Finnigan to the Mobile Home Rent
Appeals Board to complete a term expiring December 31, 2016.
Department Head Approval Date: NA
City Manager Approval Date:
City Attorney Approval Date: NA
Finance Director Approval Date: NA
Attachments (list in packet assembly order):
1. Fact Sheet for Appointment
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
ITEM NO. 6.C.1
1
=
Meeting Date: August 25, 2015
Department: Public Works
Submitted By: John McArthur, Director of Public Works and Community Services
Agenda Title: Consideration of a Resolution Authorizing and Approving the Deletion of a
Vacant Maintenance Worker I Position, Deletion of Two Part-Time
Seasonal Maintenance Assistant Positions, and the Addition of a
Supervising Maintenance Worker Position in the Public Works
Department
RECOMMENDED ACTION:
Adopt a Resolution authorizing and approving the deletion of a vacant Maintenance Worker I
position, deletion of two part-time Seasonal Maintenance Assistant positions and the addition of
a Supervising Maintenance Worker position in the Public Works Department.
BACKGROUND:
An existing Maintenance Worker I (MWI) retired in August 2015. This employee was budgeted
in multiple Public Works divisions; primary work assignments were landscape duties in Parks
and Streets. Upon the retirement of the MWI, staff has reevaluated the long-term needs of the
Department and is recommending replacing this position with a Supervising Maintenance
Worker (SMW) to perform and oversee landscape and parks maintenance activities.
ANALYSIS:
Public Works General Services Supervisor Tom Kelley directly oversees twenty employees (11
full-time and 9 part-time) that perform citywide landscape, parks, street, and building
maintenance functions. On a daily basis, these employees are spread throughout the City
working on various planned or emergency maintenance projects. The number of direct
supervisees for the General Services Supervisor is very high and has proven to be difficult to
manage; ideally the span of control would be in the five to seven employee range to be most
efficient. Compounding the span of control problems is the logistical issue in overseeing a high
number of employees that are spread out across the City.
The SMW is an existing classification in the Public Works Department. This position is a
working class position that performs various maintenance activities as well as directly oversees
field staff. Currently, there are three SMW’s in the Utilities Division and no SMW’s in the
General Services Division.
Staff is proposing to fill the vacant (retired) MWI with a SMW and eliminate two part-time
Seasonal Maintenance Assistants. The new SMW would perform and help plan and oversee
day-to-day landscape and parks maintenance activities. With the increased field oversight of
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
ITEM NO. 6.C.1
2
these activities, staff believes that the quality and consistency of the maintenance work in parks
and landscape areas would improve. Other benefits would be reducing the General Services
Supervisor’s span of control to a more manageable level.
Nine part-time Seasonal Maintenance Assistant (SMA) positions are included in the 2015-16
Parks and Streets operating budgets to assist with landscaping functions. Staff has had ongoing
difficulty in reliably filling these positions. A consistent pattern of unsuccessful recruitments,
inability of candidates passing the pre-employment process or retaining the employees once they
are hired has plagued the Department. The result has been an ongoing high part-time employee
vacancy rate. In addition to a loss of productivity in landscape services, there is a significant
effort of Human Resources and Public Works staff that have been unsuccessful in filling these
vacancies. In light of the current recruitment issues and high vacancy rates, eliminating two
part-time positions would not adversely affect productivity.
FISCAL IMPACT:
In the FY 2015-16 Operating Budget, the vacant MW1 position was allocated 70% General
Fund, and 30% Utilities. Staff is proposing to allocate the SMW 100% to the General Fund
since the incumbent would be working in parks and streets. The total additional ongoing annual
cost of the proposed conversion and eliminating the two part-time positions to the General Fund
would be $24,576, and will be funded from existing Public Works General Fund appropriations.
The following table summarizes the fiscal impacts of the proposed position changes. Note:
annual costs include salary and benefits.
GF ($/yr) Utilities ($/yr) Total ($/yr)
Eliminate:
MWI (62,542) (26,803) (89,345)
2 SMA (26,600) (26,600)
Add:
SMW 113,718 113,718
NET: 24,576 (26,803) (2,227)
Department Head Approval Date: August 3, 2015
Finance Director Approval Date: August 10, 2015
City Manager Approval Date: August 17, 2015
City Attorney Approval Date: N/A
Attachments (list in packet assembly order):
1. Resolution
2. Current Public Works Organizational Chart
3. Proposed Public Works Organizational Chart
RESOLUTION NO. 2015-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE DELETION OF ONE MAINTENANCE
WORKER I POSITION AND TWO PART-TIME SEASONAL MAINTENANCE
ASSISTANT POSITIONS AND THE ADDITION OF ONE SUPERVISING
MAINTENANCE WORKER POSITION IN THE PUBLIC WORKS DEPARTMENT
WHEREAS, an existing Maintenance Worker I (MWI) in the Public Works Department
retired in August 2015, said position was budgeted in multiple Public Works divisions, with
primary work assignments in landscape, parks and streets; and
WHEREAS, staff has re-evaluated the long-term needs of the Department and is
recommending replacing the Maintenance Worker I position with a Supervising Maintenance
Worker (SMW) to perform and oversee landscape and park maintenance activities; and
WHEREAS, the Supervising Maintenance Worker is an existing classification in Public
Works and is a working class position that also oversees field staff; and
WHEREAS, staff is proposing to delete the vacant Maintenance Worker I position and
add a Supervising Maintenance Worker position; and
WHEREAS, staff is proposing to delete two part-time Seasonal Maintenance Assistant
positions; and
WHEREAS, staff recommends approval of the deletion of a Maintenance Worker I
position, deletion of two part-time Seasonal Maintenance Assistant positions, and the addition of
a Supervising Maintenance Worker position at the salary range of 79W ($5,013 - $6,093) in the
SEIU bargaining unit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the deletion of one Maintenance Worker I position
and two part-time Seasonal Maintenance Assistant positions and the addition of a Supervising
Maintenance Worker position in the Public Works Department.
DULY AND REGULARLY ADOPTED this 25th day of August, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
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Attachment 2
ITEM NO. 6.C.2
1
Meeting Date: August 25, 2015
Department: Human Resources
Submitted By: Victoria Perrault, Human Resources Director
Prepared By: Victoria Perrault, Human Resources Director
Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the
City of Rohnert Park Current Pay Rates and Ranges revised August 3, 2015
RECOMMENDED ACTION:
Approve the attached resolution authorizing and approving the City of Rohnert Park Current Pay
Rates and Ranges revised August 3, 2015.
BACKGROUND:
The City Council approved the City of Rohnert Park Current Pay Rates and Ranges document
dated July 1 , 2015 on July 14, 2015, pursuant to Resolution No. 2015-123. Since that date,
the following position and salary changes have been approved and/or require updating:
Description Action Approval
Administrative Assistant - Confidential New position; add to pay rates and
ranges
Confidential Unit
New Range 74 -CF
$4,115 - $5,002 Monthly
Resolution No. 2015-127
dated 07/28/15
Property Technician New position; add to pay rates and
ranges
RPEA Unit
New Range 76
$4,336 - $5,271 Monthly
Resolution No. 2015-126
dated 07/28/15
Public Works Operations Manager
(formerly Assistant Public Works
Director)
Position conversion; update pay
rates and ranges
No salary change
Management Unit
Existing Range 94
$7,427 - $9,027 Monthly
City Manager
07/30/15
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
ITEM NO. 6.C.2
2
ANALYSIS: California Public Employees’ Retirement Law at Section 570.5 of the California
Code of Regulations Title 2 requires the City Pay Rates and Ranges document published on
the City’s internet site to be approved, in its entirety, by the City Council each time a
modification is made.
Attached as Exhibit A to this staff report is the updated City of Rohnert Park Current Pay
Rates and Ranges revised August 3, 2015 that incorporates the changes listed above.
Staff recommends that the Council adopt the updated Pay Rates and Ranges by resolution.
FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact.
Department Head Approval Date: N/A
City Manager Approval Date: 08/17/15
City Attorney Approval Date: N/A
Attachments (list in packet assembly order):
1. Resolution Authorizing and Approving the City of Rohnert Park Current Pay Rates and
Ranges revised August 3, 2015
2. Exhibit “A” City of Rohnert Park Current Pay Rates and Ranges revised August 3, 2015
RESOLUTION NO. 2015-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE CITY OF ROHNERT PARK CURRENT PAY
RATES AND RANGES REVISED AUGUST 3 , 2015
WHEREAS, the California Public Employees’ Retirement Law, at Section 570.5 of the
California Code of Regulations Title 2, requires the City of Rohnert Park to publish the City’s
Current Pay Rates and Ranges on the City’s internet site and the City Council to approve the Pay
Rates and Ranges in its entirety each time a modification is made; and
WHEREAS, the City Council previously approved the City Pay Rates and Ranges
document dated July 1, 2015 on July 14, 2015 pursuant to Resolution No. 2015-123 and several
positions have been subsequently approved and/or require updating; and
WHEREAS, staff recommends that the City Council adopt the updated City Pay Rates
and Ranges document revised August 3, 2015 attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the City of Rohnert Park Current Pay Rates and
Ranges revised August 3, 2015 attached hereto as Exhibit “A” and incorporated by this reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to
execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 25th day of August, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
ATTEST:
______________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A
CITY OF ROHNERT PARK
CURRENT PAY
RATES & RANGES
Revised August 3, 2015
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Management Unit (Unrepresented)
N/R CLASS STEP Hourly Biweekly Monthly Annually
City Council (COUN)N/A $189.77 $411.16
N/R CLASS STEP Hourly Biweekly Monthly Annually
City Manager (CMGR)N/A $15,750 $189,000
(By Employment Contract)
RANGE 105 CLASS STEP Hourly Biweekly Monthly Annually
Director of Public Safety (SDIR)N/A $13,864 $166,366
(By Employment Contract)
RANGE 103 CLASS STEP Hourly Biweekly Monthly Annually
Assistant City Manager (ACM)M 1 $61.48 $4,918.62 $10,657 $127,884
(By Employment Contract)2 $64.56 $5,164.62 $11,190 $134,280
3 $67.79 $5,423.08 $11,750 $141,000
4 $71.18 $5,694.00 $12,337 $148,044
5 $74.73 $5,978.77 $12,954 $155,448
RANGE 100 CLASS STEP Hourly Biweekly Monthly Annually
Director of Public Works and Community M 1 $53.94 $4,315.38 $9,350 $112,200
Services (PWCS)2 $56.64 $4,530.92 $9,817 $117,804
Director of Development Services (DODS)3 $59.47 $4,757.54 $10,308 $123,696
4 $62.44 $4,995.23 $10,823 $129,876
5 $65.56 $5,244.92 $11,364 $136,368
RANGE 98 CLASS STEP Hourly Biweekly Monthly Annually
Finance Director/City Treasurer (FDIR)M 1 $51.96 $4,157.08 $9,007 $108,084
City Engineer (CENG)2 $54.56 $4,364.77 $9,457 $113,484
Development Services Manager (DSMG)3 $57.29 $4,583.08 $9,930 $119,160
Human Resources Director (HRDIR)4 $60.16 $4,812.46 $10,427 $125,124
5 $63.16 $5,052.92 $10,948 $131,376
RANGE 94 CLASS STEP Hourly Biweekly Monthly Annually
Deputy City Engineer (DCENG)M 1 $42.85 $3,427.85 $7,427 $89,124
City Clerk (CCLERK)2 $44.99 $3,599.08 $7,798 $93,576
Technical Services Commander (TSCMDR)3 $47.24 $3,779.08 $8,188 $98,256
Public Works Operations Manager (PWOM)4 $49.60 $3,967.85 $8,597 $103,164
5 $52.08 $4,166.31 $9,027 $108,324
RANGE 90 CLASS STEP Hourly Biweekly Monthly Annually
Utility Billing and Revenue Manager (UBRM)M 1 $35.07 $2,805.23 $6,078 $72,936
2 $36.82 $2,945.54 $6,382 $76,584
3 $38.66 $3,092.77 $6,701 $80,412
4 $40.59 $3,247.38 $7,036 $84,432
5 $42.62 $3,409.85 $7,388 $88,656
RANGE 95 CLASS STEP Hourly Biweekly Monthly Annually
P.S. Commander (PSCMDR)P 1 $47.25 $3,780.00 $8,190 $98,280
2 $49.61 $3,968.77 $8,599 $103,188
3 $52.09 $4,167.23 $9,029 $108,348
4 $54.69 $4,375.38 $9,480 $113,760
5 $57.43 $4,594.15 $9,954 $119,448
Rohnert Park Public Safety Managers' Association (RPPSMA)
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Confidential Unit (Unrepresented)
RANGE 70-CF CLASS STEP Hourly Biweekly Monthly Annually
Human Resources Technician Trainee (HRTT)X 1 $17.35 $1,387.85 $3,007 $36,084
2 $18.21 $1,457.08 $3,157 $37,884
3 $19.13 $1,530.00 $3,315 $39,780
4 $20.08 $1,606.62 $3,481 $41,772
5 $21.09 $1,686.92 $3,655 $43,860
RANGE 72-CF CLASS STEP Hourly Biweekly Monthly Annually
Secretary II (SE2A)X 1 $22.68 $1,814.77 $3,932 $47,184
Human Resources Technician (HRT)2 $23.82 $1,905.69 $4,129 $49,548
3 $25.01 $2,000.77 $4,335 $52,020
4 $26.26 $2,100.92 $4,552 $54,624
5 $27.58 $2,206.15 $4,780 $57,360
RANGE 74-CF CLASS STEP Hourly Biweekly Monthly Annually
Administrative Assistant - Confidential (AACU)X 1 $23.74 $1,899.23 $4,115 $49,380
2 $24.93 $1,994.31 $4,321 $51,852
3 $26.18 $2,094.00 $4,537 $54,444
4 $27.48 $2,198.77 $4,764 $57,168
5 $28.86 $2,308.62 $5,002 $60,024
RANGE 76-CF CLASS STEP Hourly Biweekly Monthly Annually
Payroll/Fiscal Specialist (PFS)X 1 $25.02 $2,001.23 $4,336 $52,032
2 $26.27 $2,101.38 $4,553 $54,636
3 $27.58 $2,206.62 $4,781 $57,372
4 $28.96 $2,316.92 $5,020 $60,240
5 $30.41 $2,432.77 $5,271 $63,252
RANGE 78-CF CLASS STEP Hourly Biweekly Monthly Annually
Deputy City Clerk (DCC)X 1 $26.26 $2,100.92 $4,552 $54,624
2 $27.58 $2,206.15 $4,780 $57,360
3 $28.96 $2,316.46 $5,019 $60,228
4 $30.40 $2,432.31 $5,270 $63,240
5 $31.93 $2,554.15 $5,534 $66,408
RANGE 80-CF CLASS STEP Hourly Biweekly Monthly Annually
Executive Assistant to the City Manager X 1 $28.26 $2,261.08 $4,899 $58,788
(EACM)2 $29.68 $2,374.15 $5,144 $61,728
3 $31.16 $2,492.77 $5,401 $64,812
4 $32.72 $2,617.38 $5,671 $68,052
5 $34.36 $2,748.46 $5,955 $71,460
RANGE 84-CF CLASS STEP Hourly Biweekly Monthly Annually
Human Resources Analyst (HRA)X 1 $31.16 $2,492.77 $5,401 $64,812
2 $32.72 $2,617.38 $5,671 $68,052
3 $34.36 $2,748.46 $5,955 $71,460
4 $36.08 $2,886.00 $6,253 $75,036
5 $37.88 $3,030.46 $6,566 $78,792
RANGE 92-CF CLASS STEP Hourly Biweekly Monthly Annually
Supervising Accountant (SUPAC)X 1 $36.03 $2,882.77 $6,246 $74,952
2 $37.83 $3,026.77 $6,558 $78,696
3 $39.73 $3,178.15 $6,886 $82,632
4 $41.71 $3,336.92 $7,230 $86,760
5 $43.80 $3,504.00 $7,592 $91,104
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Confidential Unit (Unrepresented)
RANGE 94-CF CLASS STEP Hourly Biweekly Monthly Annually
Senior Analyst (SRAN)X 1 $38.41 $3,072.46 $6,657 $79,884
2 $40.33 $3,226.15 $6,990 $83,880
3 $42.35 $3,387.69 $7,340 $88,080
4 $44.46 $3,557.08 $7,707 $92,484
5 $46.69 $3,735.23 $8,093 $97,116
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Rohnert Park Employees' Association (RPEA)
RANGE 61 CLASS STEP Hourly Biweekly Monthly Annually
Office Assistant I (OA1)X 1 $17.35 $1,387.85 $3,007 $36,084
2 $18.21 $1,457.08 $3,157 $37,884
3 $19.13 $1,530.00 $3,315 $39,780
4 $20.08 $1,606.62 $3,481 $41,772
5 $21.09 $1,686.92 $3,655 $43,860
RANGE 63 CLASS STEP Hourly Biweekly Monthly Annually
Animal Health Technician (AHT)X 1 $18.21 $1,457.08 $3,157 $37,884
2 $19.13 $1,530.00 $3,315 $39,780
3 $20.08 $1,606.62 $3,481 $41,772
4 $21.09 $1,686.92 $3,655 $43,860
5 $22.14 $1,771.38 $3,838 $46,056
RANGE 64 CLASS STEP Hourly Biweekly Monthly Annually
Office Assistant II (OA2)X 1 $18.60 $1,488.00 $3,224 $38,688
Community Services Program Coordinator (CSPC)2 $19.53 $1,562.31 $3,385 $40,620
Public Safety Records Clerk (PSRC)3 $20.50 $1,640.31 $3,554 $42,648
Reg PT Office Assistant II (OA2P)4 $21.53 $1,722.46 $3,732 $44,784
5 $22.61 $1,808.77 $3,919 $47,028
RANGE 66 CLASS STEP Hourly Biweekly Monthly Annually
Accounting Specialist I/II – Level I (ASP1)X 1 $19.53 $1,562.31 $3,385 $40,620
2 $20.50 $1,640.31 $3,554 $42,648
3 $21.53 $1,722.46 $3,732 $44,784
4 $22.61 $1,808.77 $3,919 $47,028
5 $23.74 $1,899.23 $4,115 $49,380
RANGE 68 CLASS STEP Hourly Biweekly Monthly Annually
Secretary I (SEC1)X 1 $20.50 $1,640.31 $3,554 $42,648
2 $21.53 $1,722.46 $3,732 $44,784
3 $22.61 $1,808.77 $3,919 $47,028
4 $23.74 $1,899.23 $4,115 $49,380
5 $24.93 $1,994.31 $4,321 $51,852
RANGE 70 CLASS STEP Hourly Biweekly Monthly Annually
Technical Director (TECH)X 1 $21.53 $1,722.46 $3,732 $44,784
Accounting Specialist I/II – Level II (ASP2)2 $22.61 $1,808.77 $3,919 $47,028
3 $23.74 $1,899.23 $4,115 $49,380
4 $24.93 $1,994.31 $4,321 $51,852
5 $26.18 $2,094.00 $4,537 $54,444
RANGE 72 CLASS STEP Hourly Biweekly Monthly Annually
Public Safety Records Technician (PSRE)X 1 $22.61 $1,808.77 $3,919 $47,028
Secretary II (SEC2)2 $23.74 $1,899.23 $4,115 $49,380
3 $24.93 $1,994.31 $4,321 $51,852
4 $26.18 $2,094.00 $4,537 $54,444
5 $27.48 $2,198.77 $4,764 $57,168
RANGE 74 CLASS STEP Hourly Biweekly Monthly Annually
Community Services Specialist (CSSP)X 1 $23.74 $1,899.23 $4,115 $49,380
Community Development Assistant (SEC5)2 $24.93 $1,994.31 $4,321 $51,852
Administrative Assistant (AABS) 3 $26.18 $2,094.00 $4,537 $54,444
Information Systems Technician I (IST1)4 $27.48 $2,198.77 $4,764 $57,168
5 $28.86 $2,308.62 $5,002 $60,024
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Rohnert Park Employees' Association (RPEA)
RANGE 76 CLASS STEP Hourly Biweekly Monthly Annually
Property Technician (PRPT)X 1 $25.02 $2,001.23 $4,336 $52,032
2 $26.27 $2,101.38 $4,553 $54,636
3 $27.58 $2,206.62 $4,781 $57,372
4 $28.96 $2,316.92 $5,020 $60,240
5 $30.41 $2,432.77 $5,271 $63,252
RANGE 78 CLASS STEP Hourly Biweekly Monthly Annually
Information Systems Technician II (IST2)X 1 $26.18 $2,094.00 $4,537 $54,444
2 $27.49 $2,198.92 $4,764 $57,172
3 $28.86 $2,308.77 $5,002 $60,028
4 $30.30 $2,424.00 $5,252 $63,024
5 $31.82 $2,545.38 $5,515 $66,180
RANGE 81 CLASS STEP Hourly Biweekly Monthly Annually
Theatre Manager (THMG)X 1 $28.25 $2,260.15 $4,897 $58,764
Administrative Secretary (ASEC)2 $29.67 $2,373.23 $5,142 $61,704
Community Services Supervisor (CSSV)3 $31.15 $2,491.85 $5,399 $64,788
Purchasing Agent (PAGT)4 $32.71 $2,616.46 $5,669 $68,028
Animal Shelter Supervisor (ALSS)5 $34.34 $2,747.08 $5,952 $71,424
Records Supervisor (RCSU)
Code Compliance Officer (CCO)
Crime Analyst (CRA)
RANGE 83 CLASS STEP Hourly Biweekly Monthly Annually
Senior Engineering Technician (SRET)X 1 $29.66 $2,372.77 $5,141 $61,692
Public Works Inspector (PWIN)2 $31.14 $2,491.38 $5,398 $64,776
3 $32.70 $2,616.00 $5,668 $68,016
4 $34.33 $2,746.62 $5,951 $71,412
5 $36.05 $2,884.15 $6,249 $74,988
RANGE 85 CLASS STEP Hourly Biweekly Monthly Annually
Building Inspector (BLDI)X 1 $31.15 $2,491.85 $5,399 $64,788
Project Coordinator (PJC)2 $32.71 $2,616.46 $5,669 $68,028
Environmental Coordinator (EVC)3 $34.34 $2,747.08 $5,952 $71,424
4 $36.06 $2,884.62 $6,250 $75,000
5 $37.86 $3,028.62 $6,562 $78,744
RANGE 87 CLASS STEP Hourly Biweekly Monthly Annually
Deputy Chief Building Official (DCBO)X 1 $32.71 $2,616.46 $5,669 $68,028
Accountant/Auditor (AAUD)2 $34.34 $2,747.08 $5,952 $71,424
Management Analyst (MANA)3 $36.06 $2,884.62 $6,250 $75,000
Accountant (ACCT)4 $37.86 $3,028.62 $6,562 $78,744
5 $39.75 $3,180.00 $6,890 $82,680
RANGE 89 CLASS STEP Hourly Biweekly Monthly Annually
Information Systems Operations Manager (ISOM)X 1 $34.34 $2,747.08 $5,952 $71,424
2 $36.06 $2,884.62 $6,250 $75,000
3 $37.86 $3,028.62 $6,562 $78,744
4 $39.75 $3,180.00 $6,890 $82,680
5 $41.73 $3,338.77 $7,234 $86,808
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Rohnert Park Employees' Association (RPEA)
RANGE 92 CLASS STEP Hourly Biweekly Monthly Annually
Community Services Manager (CSMG)X 1 $36.03 $2,882.77 $6,246 $74,952
Planner III (PLNR3)2 $37.83 $3,026.77 $6,558 $78,696
3 $39.73 $3,178.15 $6,886 $82,632
4 $41.71 $3,336.92 $7,230 $86,760
5 $43.80 $3,504.00 $7,592 $91,104
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Service Employees' International Union (SEIU - Local 1021) - Maintenance Workers
RANGE 52W STEP Hourly Biweekly Monthly Annually
Maintenance Worker Trainee (MWT)1 $14.60 $1,167.69 $2,530 $30,360
2 $15.33 $1,226.31 $2,657 $31,884
3 $16.10 $1,287.69 $2,790 $33,480
4 $16.90 $1,352.31 $2,930 $35,160
5 $17.75 $1,420.15 $3,077 $36,924
RANGE 60W STEP Hourly Biweekly Monthly Annually
Landscape Maintenance Worker (LMW)1 $17.35 $1,387.85 $3,007 $36,084
2 $18.21 $1,457.08 $3,157 $37,884
3 $19.13 $1,530.00 $3,315 $39,780
4 $20.08 $1,606.62 $3,481 $41,772
5 $21.09 $1,686.92 $3,655 $43,860
RANGE 64W STEP Hourly Biweekly Monthly Annually
Meter Technician (PWMT)1 $19.00 $1,520.31 $3,294 $39,528
2 $19.96 $1,596.46 $3,459 $41,508
3 $20.95 $1,676.31 $3,632 $43,584
4 $22.00 $1,760.31 $3,814 $45,768
5 $23.11 $1,848.46 $4,005 $48,060
RANGE 70W STEP Hourly Biweekly Monthly Annually
Maintenance Worker I (MW1)1 $23.25 $1,860.00 $4,030 $48,360
2 $24.42 $1,953.23 $4,232 $50,784
3 $25.64 $2,051.08 $4,444 $53,328
4 $26.92 $2,153.54 $4,666 $55,992
5 $28.26 $2,261.08 $4,899 $58,788
RANGE 74W STEP Hourly Biweekly Monthly Annually
Maintenance Worker II (MW2)1 $25.66 $2,052.92 $4,448 $53,376
Fleet Mechanic (FMEC)2 $26.94 $2,155.38 $4,670 $56,040
3 $28.29 $2,262.92 $4,903 $58,836
4 $29.70 $2,376.00 $5,148 $61,776
5 $31.18 $2,494.62 $5,405 $64,860
RANGE 78W STEP Hourly Biweekly Monthly Annually
Electrician (ELEC)1 $28.21 $2,256.46 $4,889 $58,668
2 $29.61 $2,369.08 $5,133 $61,596
3 $31.10 $2,487.69 $5,390 $64,680
4 $32.65 $2,611.85 $5,659 $67,908
5 $34.28 $2,742.46 $5,942 $71,304
RANGE 79W STEP Hourly Biweekly Monthly Annually
Fleet Services Supervisor (FSS)1 $28.92 $2,313.69 $5,013 $60,156
Arborist (ARB)2 $30.37 $2,429.54 $5,264 $63,168
Supervising Maintenance Worker (SMW)3 $31.89 $2,550.92 $5,527 $66,324
4 $33.48 $2,678.31 $5,803 $69,636
5 $35.15 $2,812.15 $6,093 $73,116
RANGE 83W STEP Hourly Biweekly Monthly Annually
Utilities Services Supervisor (PWUSS)1 $31.88 $2,550.00 $5,525 $66,300
General Services Supervisor (GSSR)2 $33.47 $2,677.38 $5,801 $69,612
3 $35.14 $2,811.23 $6,091 $73,092
4 $36.90 $2,952.00 $6,396 $76,752
5 $38.75 $3,099.69 $6,716 $80,592
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Rohnert Park Public Safety Officers' Association (RPPSOA)
*Inactive salary step; only applies to existing employees affected by prior pay reduction/restoration
**Hourly rate based on 2,760 hours annually
RANGE 68 CLASS STEP Hourly Biweekly Monthly Annually
Public Safety Dispatcher (PSD)XD 1 $24.43 $1,954.62 $4,235 $50,820
2 $25.65 $2,052.00 $4,446 $53,352
3 $26.92 $2,153.54 $4,666 $55,992
4 $28.25 $2,260.15 $4,897 $58,764
5 $29.65 $2,372.31 $5,140 $61,680
PT Public Safety Dispatcher (PTD) - Hourly 1 $23.21
2 $24.37
3 $25.57
4 $26.84
5 $28.17
*6 $29.58
RANGE 69 CLASS STEP Hourly Biweekly Monthly Annually
Community Services Officer (CSO)S-CSO 1 $22.40 $1,791.69 $3,882 $46,584
2 $23.52 $1,881.23 $4,076 $48,912
3 $24.68 $1,974.46 $4,278 $51,336
4 $25.90 $2,072.31 $4,490 $53,880
5 $27.19 $2,175.15 $4,713 $56,554
RANGE 81 CLASS STEP Hourly Biweekly Monthly Annually
Public Safety Officer Trainee (PSOT)S 1 $24.72 $1,977.23 $4,284 $51,408
RANGE 83 CLASS STEP Hourly Biweekly Monthly Annually
Public Safety Communications Supervisor XD 1 $32.42 $2,593.38 $5,619 $67,428
(PSCS)2 $34.03 $2,722.62 $5,899 $70,788
3 $35.72 $2,857.85 $6,192 $74,304
4 $37.49 $2,999.08 $6,498 $77,976
5 $39.35 $3,148.15 $6,821 $81,852
RANGE 83.5 CLASS STEP Hourly Biweekly Monthly Annually
New-hire Public Safety Officer (NEWB)S 1 $28.52 $2,281.38 $4,943 $59,316
2 $29.93 $2,394.46 $5,188 $62,256
RANGE 83.75 CLASS STEP **Hourly Biweekly Monthly Annually
New-hire Fire Public Safety Officer S 1 $19.75 $2,096.42 $4,542 $54,507
(NEWF)2 $20.73 $2,200.31 $4,767 $57,208
RANGE 84 CLASS STEP Hourly Biweekly Monthly Annually
Public Safety Officer (PSO)S 1 $31.42 $2,513.54 $5,446 $65,352
2 $32.98 $2,638.62 $5,717 $68,604
3 $34.62 $2,769.23 $6,000 $72,000
4 $36.33 $2,906.31 $6,297 $75,564
5 $38.13 $3,050.31 $6,609 $79,308
RANGE 86 CLASS STEP **Hourly Biweekly Monthly Annually
Fire Assignment Public Safety Officer S 1 $21.76 $2,309.81 $5,005 $60,055
(FPSO)2 $22.84 $2,424.69 $5,254 $63,042
3 $23.97 $2,544.69 $5,514 $66,162
4 $25.16 $2,670.65 $5,786 $69,437
5 $26.41 $2,803.00 $6,073 $72,878
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Rohnert Park Public Safety Officers' Association (RPPSOA)
*Inactive salary step; only applies to existing employees affected by prior pay reduction/restoration
**Hourly rate based on 2,760 hours annually
RANGE 89 CLASS STEP Hourly Biweekly Monthly Annually
Public Safety Sergeant (PSGT)S 1 $36.68 $2,934.00 $6,357 $76,284
Fire Marshal (PSFM)2 $38.49 $3,079.38 $6,672 $80,064
3 $40.40 $3,232.15 $7,003 $84,036
4 $42.41 $3,392.77 $7,351 $88,212
5 $44.50 $3,560.31 $7,714 $92,568
RANGE 91 CLASS STEP **Hourly Biweekly Monthly Annually
Fire Assignment Sergeant (FSGT)S 1 $25.40 $2,696.12 $5,842 $70,099
2 $26.66 $2,829.69 $6,131 $73,572
3 $27.98 $2,970.08 $6,435 $77,222
4 $29.37 $3,117.69 $6,755 $81,060
5 $30.82 $3,271.65 $7,089 $85,063
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Miscellaneous Part-Time (MISPT2) - Community Services Department
RANGE 38 STEP Hourly
PT Lifeguard/Cashier (PTLC)1 $9.00
PT Pool Cashier (PTPC)2 $9.50
PT Facility Attendant (PTFA)3 $10.00
PT Community Services Leader (PTCSL)4 $10.26
5 $10.77
6 $11.31
7 $11.88
RANGE 41 STEP Hourly
PT Instructor/Lifeguard (PTIL)1 $9.02
2 $9.47
3 $10.00
4 $10.44
5 $10.96
6 $11.51
7 $12.08
RANGE 43 STEP Hourly
PT Senior Community Services Leader (PTSCSL)1 $9.29
2 $9.76
3 $10.25
4 $10.76
5 $11.30
6 $11.87
7 $12.46
RANGE 45 STEP Hourly
PT Senior Lifeguard (PTSRL)1 $10.00
PT Sports Center Coordinator (PTSC)2 $10.51
3 $11.03
4 $11.58
5 $12.16
6 $12.77
7 $13.41
RANGE 53 STEP Hourly
PT Pool Manager (PTPMGR)1 $11.30
2 $11.86
3 $12.46
4 $13.08
5 $13.73
6 $14.42
7 $15.14
RANGE 59 STEP Hourly
PT Senior Pool Manager (SPMG)1 $12.46
PT Community Services Coordinator (PTCSC)2 $13.08
3 $13.73
4 $14.42
5 $15.14
6 $15.90
7 $16.70
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Miscellaneous Part-Time Hourly Positions
Administrative/Office Hourly
PT Administrative Assistant (PTAA)$9.50 - $28.50
PT Office Assistant (PTO1)$9.03 - $19.00
PT Information Systems Assistant (PTIS)$20.00 - $25.00
PT Technical Advisor (PTTA)$14.25 - $47.50
Temporary Management Analyst (TMAN)$25.00 - $40.00
PT Administrative Intern (PTAI)$9.03 - $19.00
Community Services Hourly
PT Custodian (PTC)$11.40 - $14.00
Performing Arts Center Hourly
PT Box Office Assistant (PTBA)$9.00 - $10.45
PT Assistant Box Office Manager (PTHBM)$10.00 - $12.00
PT Arts Center House Manager (PTHM)$10.00 - $12.00
PT Theater Technician (PTTT)$9.00 - $13.30
Public Safety Hourly
Animal Shelter Assistant (ASA)$11.40 - $14.25
PT Community Services Leader (PTCSL)$9.00 - $11.88
Public Works Hourly
Seasonal Maintenance Assistant (SMA)$11.40 - $14.00
CITY OF ROHNERT PARK - PAY RATES AND RANGES
Pensionable Stipends by Unit
*Inactive stipend; closed to new hires
**Only one POST stipend paid per employee
***Only pensionable for classic PERS members
All Units Amount/Percentage
Acting Pay 5% - 10%
*Longevity 2% - 10%
By Employment Contract Amount/Percentage
POST Certification Pay (Director of Public Safety) - Executive 10%
Confidential Amount/Percentage
Bilingual $100/month
Educational Incentive - BA/BS, MA/MS $50/month
Rohnert Park Employees' Association (RPEA)Amount/Percentage
Bilingual $100/month
Educational Incentive - MA/MS $50/month
Rohnert Park Public Safety Managers' Association (RPPSMA)Amount/Percentage
POST Certification Pay (Commanders) - Supervisory 7.0%
POST Certification Pay (Commanders) - Management 8.5%
Rohnert Park Public Safety Officers' Association (RPPSOA)Amount/Percentage
Acting Supervisor/Watch Commander 5% - 10%
Acting Lieutenant 10% - 15%
Bilingual 2.5%
Canine Handler 3.0%
Detective 5.0%
Educational - AA/AS (Sergeant, PSO, CSO)1.8%
Educational - AA/AS (Dispatcher, Comm Sup)2.4%
Educational - BA/BS (Sergeant, PSO, CSO)2.8%
Educational - BA/BS (Dispatcher, Comm Sup)3.6%
EMT 2.0%
Field Training Officer 5.0%
Non-Sworn Training Officer 5.0%
Fire Specialty 2.0%
Fire Engineer 2.5%
Fire Captain 4.0%
*Fire Marshal 15.0%
PSO Captain 3.0%
Master Officer 5.0%
Motorcycle Duty 3.0%
**Intermediate POST Certification 4.5%
**Advanced POST Certification 7.0%
**POST Supervisory Certification (Sergeant)9.0%
POST Field Evidence Tech Certification (CSO)2.5%
Property Technician (CSO)5.0%
Shift Differential 5.0%
Special/Extra Assignments 5.0%
***Uniform Allowance $240/year
Service Employees' International Union (SEIU)Amount/Percentage
Certification and License Program - Level I 2.6%
Certification and License Program - Level II 4.5%
Certification and License Program - Level III 6.0%
Educational Incentive Pay - Level I $75/month
Educational Incentive Pay - Level II $100/month
Educational Incentive Pay - Level III $135/month
ITEM NO. 6.C.3.
1
Meeting Date: August 25, 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 by and
between the University District LLC and Vast Oak Properties L.P. for
Various Surface and Landscape Improvements within the Vast Oak
Property Phase 1 Project and Finding These Projects Covered by the
Updated Final Environmental Impact Report for the University District
Specific Plan Project As Amended
RECOMMENDED ACTION: Adopt a Resolution Authorizing and Approving a Public
Improvement Agreement by and between the University District LLC and Vast Oak Properties
L.P. for Various Surface and Landscape Improvements within the Vast Oak Property Phase 1
Project and Finding These Projects Covered by the Updated Final Environmental Impact Report
for the University District 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 University District Specific Plan
Area. Both the Conditions of Approval for the Tentative Map and the Development Agreement
direct the construction of public infrastructure so that it will be coordinated with and available to
serve new residential and commercial development planned within the Specific Plan Area.
The Developer has begun development of the site, is completing the construction of underground
utilities and is ready to move forward with surface improvements (curb, gutter, sidewalk and
landscaping improvements) to serve the first 399 lots (see Attachment 1). The Developer and
City now need to enter into an Improvement Agreement to provide for the construction of this
infrastructure that will eventually be dedicated to the City.
ANALYSIS: The Developer is proposing to build all surface improvements including curb,
gutter, sidewalk and landscaping improvements to serve the 399 lots in Vast Oaks Phase 1. This
is a significant public works construction project with a total value of approximately $4 million.
In order to formalize the relationship between the Developer and the City before construction
begins, staff is recommending that the City enter into a Public Improvement Agreement with the
Developer.
The proposed Public Improvement Agreement is in the same form as the Offsite Public
Improvement Agreements for the Rohnert Park Expressway Utility Improvements and the
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
ITEM NO. 6.C.3.
2
Improvement Agreements for the in-tract underground utilities, 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 Developer’s duty to
install the improvements to City standards and protect them until acceptance; the City’s rights for
inspection and cost recovery; the process by which new improvements will be inspected by the
City; requirements to pay prevailing wage; requirements for bonds, insurance and indemnity and
the City’s remedies against breach or default by the 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 surface and landscaping improvements that serve
the first phase of development. These improvements were included in the Project Description
Section of the Draft Environmental Impact Report (Draft EIR dated July 2005) for the University
District Specific Plan. These improvements are necessary to serve the planned development.
Because the improvements were included in the Project Description, the analysis in the Draft
EIR included an analysis of the construction and operation of these improvements and mitigation
measures were developed to minimize any impacts. The Draft EIR identified 19 temporary
construction impacts that are associated with the development of the site, including the
construction of surface and landscape improvements. All of these impacts are less than
significant or can be reduced to a less than 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 site civil improvements, including surface and landscape
improvements 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 in the University District Specific Plan EIR, and their impacts were
analyzed and mitigated to a less than significant level, 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 biological impacts are included as part of the work.
OPTIONS CONSIDERED: None. The recommended action is consistent with the Conditions
of Approval for the Tentative Map and necessary to complete the project.
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) bond sale, through a
CFD that has been recently established by the California Statewide Communities Development
Authority. 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 guaranteed with performance and labor and material
bonds.
After acceptance of the improvements, the City will incur ongoing maintenance costs which will
be funded from the maintenance annuity deposit provided by the Developer in accordance with
the Development Agreement.
ITEM NO. 6.C.3.
3
Department Head Approval Date: N/A
City Manager Approval Date: 8/12/15
City Attorney Approval Date: 08/10/15
Attachments
1. Attachment 1 – Vast Oak Project Phase 1 Proposed Development Area
2. Resolution Authorizing and Approving a Public Improvement Agreement by and
between the University District LLC and Vast Oak Properties L.P. for Various
Surface and Landscape Improvements within the Vast Oak Property Phase 1 Project
and Finding These Projects Covered by the Updated Final Environmental Impact
Report for the University District Specific Plan Project As Amended.
3. Exhibit A to Resolution - Public Improvement Agreement by and between the
University District LLC and Vast Oak Properties L.P. for Various Surface and
Landscape Improvements within the Vast Oak Property Phase 1
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RESOLUTION NO. 2015-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A PUBLIC IMPROVEMENT AGREEMENT BY
AND BETWEEN THE UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES
L.P. FOR VARIOUS SURFACE AND LANDSCAPE IMPROVEMENTS WITHIN THE
VAST OAK PROPERTY PHASE 1 PROJECT AND FINDING THESE PROJECTS
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 approving the Final Environmental Impact Report (EIR) for the
University District Specific Plan including a draft EIR, a recirculated draft EIR, responses to
comments, changes, clarifications and corrections to the draft EIR, and recirculated draft EIR and
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 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; and
WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted
Ordinance Number 878 approving a Development Agreement (“Development Agreement”)
between the City of Rohnert Park and Vast Oak Properties L.P. and the University District LLC
(“Developer”); and
WHEREAS, the Developer has submitted plans, specifications and drawings
(“Improvement Plans”) for the in-tract surface and landscape improvements for 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 with the Conditions of Approval;
and
WHEREAS, the Developer has posted performance and labor and materials bonds in the
amount of $4,049,426 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 construction
and dedication obligations under the Conditions of Approval and Development Agreement; and
2015-137
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Public Improvement Agreement with
University District LLC and Vast Oak Properties L.P. for Various Surface and Landscape
Improvements within the Vast Oak Property Phase 1 attached as Exhibit A.
BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed
public meeting of August 25, 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 25th day of August, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
ATTEST:
______________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
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 DISTRICT LLC AND VAST OAK PROPERTIES L.P.
FOR VARIOUS SURFACE AND LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK
PROPERTY PHASE 1 PROJECT
THIS PUBLIC IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into on
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 “Developer.”
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 adopted its Ordinance
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 various surface
and landscape improvements (the “Improvements”). The plans for the Improvements are listed in the
summary below (the “Improvement Plans”). These plans are on file in the office of the City Engineer and
have been approved as outlined below. The infrastructure included in the Improvement Plans is illustrated
in Exhibit 1. The summary of the Improvement Plans is:
Exhibit A to Resolution
Page 1 of 21
Summary of Surface and Landscape Improvement Plans
• Vast Oak Phase I Improvement Plans, City of Rohnert Park, CA, July 2015, WDID#1
49C370212, prepared by MacKay & Somps, 49 Sheets (Sheets 1-49, and approved by the City
Engineer on August __, 2015.
• Landscape Construction Documents for: West Detention Basin, Vast Oak at University District,
Rohnert Park, CA, June 15, 2015, prepared by vanderToolen and Associates, 11 Sheets (Sheets
L-0 thru L-10), and approved by the City Engineer on August __, 2015.
• Landscape Construction Documents for: Hinebaugh Creek Class I Bike Trail, Phase One, Vast
Oak at University District, Rohnert Park, CA, August, 2015, prepared by vanderToolen and
Associates, 15 Sheets (Sheets L-0 thru L-14), and approved by the City Engineer on August __,
2015.
F. The Developer wishes to begin the construction of the surface and landscape
improvements and may complete the work in phases.
G. City and Developer desire to enter an agreement providing for the construction and
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 the terms and conditions set
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 obligations to satisfy the
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 2, 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, at the Developer's sole cost and expense,
the Improvements, in accordance with the Improvement Plans and to the satisfaction of the City Engineer,
in his/ her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict
accordance with the terms and conditions of this Agreement. The construction, installation and
completion of the Improvements including all labor and materials furnished in connection therewith are
hereinafter referred to collectively as the "Work."
Page 2 of 21
City shall not be responsible or liable for the maintenance or care of the Improvements unless and until
City formally approves and accepts them in accordance with its policies and procedures. City shall
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 the sole and exclusive risk of the
Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all the
Improvements in a state of good repair until they are completed by Developer and approved and accepted
by City. Such maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters,
sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and
thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and
sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It
shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall
promptly perform such maintenance work when notified to do so by City. If Developer fails to properly
prosecute its maintenance obligation under this section, City may do all work necessary for such
maintenance and the cost thereof shall be the responsibility of Developer and its surety under this
Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in writing of the
deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Except in an
emergency, Developer shall have thirty (30) days from the date of the notice within which to correct,
remedy or cure the deficiency. If the written notification states that the problem is urgent 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 injury of any nature in any
way related to or caused by the Improvements or their condition prior to acceptance.
4.2. Completion Date. Developer will complete the Work within one year of the
Effective Date or as required by the Development Agreement, whichever is sooner. All Work will be
completed in a good and workmanlike manner in accordance with accepted design and construction
practices. This completion date may be extended by the City in its sole and absolute discretion at the
request of Developer, which request shall be 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 total estimated cost of the Work is Four Million
Forty-nine Thousand Four Hundred Twenty-six Dollars ($4,049,426) which includes the discrete
components outlined in the summary below. Notwithstanding this estimate, Developer hereby
acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this
estimate, (b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is
obligated to complete the Work at its own cost, expense, and liability.
Summary of Estimated Cost of Components of the Work
• Vast Oak Phase I Surface Improvements (Backbone) - Six Hundred Three Thousand One
Hundred Ninety Dollars ($603,190).
• Vast Oak Phase I Surface Improvements (Phase 1A - Cypress) – Six Hundred Ninety-five
Thousand Two Hundred Ninety Dollars ($695,290)
• Vast Oak Phase I Surface Improvements (Phase 1B - Mulberry) – One Million Eighty-nine
Thousand Nine Hundred Eighty Dollars ($1,089,980)
• Vast Oak Phase I Surface Improvements (Phase 1C - Magnolia) - Eight Hundred Sixty-three
Thousand Seven Hundred Thirty Dollars ($863,730)
• Vast Oak Phase I Surface Improvements (Phase 1D - Cypress) – Three Hundred Twenty
Thousand Two Hundred Seventy Dollars ($320,270)
• West Detention Basin Landscaping - Three Hundred Eighty-two Thousand Five Hundred
Dollars ($382,500)
Page 3 of 21
• Hinebaugh Creek Class I Bike Trail, Phase One Landscaping – Ninety-four Thousand Four
Hundred Sixty-six Dollars ($94,466)
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 modifications, changes or revisions as
necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted
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, shall be named in writing by Developer
prior to commencement of the Work, shall be present on the Property during the performance of the
Work, and may not be changed without the advance notification to and satisfaction and concurrence of
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 the Work.
4.7. Commencement of Construction and Inspection. Developer and its
contractor or subcontractors shall not commence construction of the Improvements until 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
to carry on construction activities in the City's right-of-way as described in Section 4.6. All work
performed on the Improvements shall be done in strict compliance with the City approved plans,
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 to construct the Improvements shall be borne
solely by Developer (including the applicable Inspection Fee in accordance with the City's adopted
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 and its authorized agents shall, at all times
during the performance of the Work, have free access to the Work and shall be allowed to examine the
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 services furnished by City in connection with
this Agreement, including those performed by consultants under contract with the City (the "City Costs").
City agrees not to double charge Developer (through the imposition of both a processing fee and a
consultant charge) for any individual monitoring, inspection, testing or evaluation service. In addition,
City agrees to limit its use of outside consultants to those reasonably necessary or desirable, as
determined by the City Manager or his designee in his reasonable discretion, to accomplish the requisite
inspection, administration and monitoring. The estimated cost for the inspection, administration and
testing services is Sixty Thousand Four Hundred Seventy Dollars ($60,470.00) (the "Estimated Cost").
Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to
accomplish the requisite inspection, administration and monitoring may significantly exceed this estimate,
(b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is obligated to
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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 with terms and conditions of the Reimbursement Agreement between City and
Developer dated January 10, 2006 and the Development Agreement.
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 employee of the City indicating the work complies
with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments
thereof, or any combination of all of these acts shall not relieve Developer of its obligation to fulfill this
Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the
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, et seq ("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
actions arising out of or incident to Developer's obligations under this section. Developer agrees to
satisfy, to the extent applicable, its obligation of registering with the Department of Industrial
Relations and furnishing electronic certified payroll records to the Labor Commissioner pursuant 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
work required and comply with the City's Business License Ordinance.
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 public roads, streets, or other public or
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, Developer shall obtain the written acceptance
of such repair or payment from any owner whose private property was repaired by Developer or to
whom Developer has paid the full cost of such repair in accordance with this Section 4.14. City shall be
under no obligation whatsoever to accept the Work completed under this Agreement until such time as
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 furnishing labor
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 Developer in accordance with Section 6.1.2
of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless
said liens are released by bond in compliance with Civil Code section 3143.
4.16. Liability for Work Prior to Formal Acceptance. Until the City has formally
accepted the Improvements, Developer shall be solely responsible for all damage to the work,
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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
satisfaction of the City Engineer any damage to the utilities systems, concrete work, street paving
or other public improvements that may occur in connection with the Improvements work.
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 Work or pays the full cost of such repair
to the owner whose property was damaged and (c) obtains the written acceptance of such repair or
payment from any owner whose private property was repaired by Developer or to whom Developer
paid the full cost of such repair, Developer will provide City with a written notice of completion,
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 Engineer shall inspect the Work and repairs
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 Engineer, in his/her reasonable discretion,
and whether the written acceptances have been provided. If the Work and repair are, in the opinion of
the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided,
the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete
and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written
acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The
requirement for written acceptances may be waived by the City Engineer, in his/her reasonable
discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City
Engineer's failure to respond to Developer's written notification within thirty (30) days will not be
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 Engineer will recommend acceptance of
the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation,
the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for
the Property. The acceptance of the Improvements, offers of dedication and right-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 City Attorney, in the Official Records of
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 the date of recordation of the notice of
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 constructed, or caused to be installed or
constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the
requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without
cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the
Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly,
by failing to repair, replace or reconstruct work thirty (30) days after notification by City, or in
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accordance with this requirement, or should the exigencies of the situation require repairs, replacements
or reconstruction to be made before Developer can be notified, City may, at its option, make the
necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the
City upon demand the actual cost of such repairs, replacements or reconstruction.
4.20. Record Drawings. Upon completion of the Improvements and prior to final
acceptance by the City Council, Developer shall deliver to City one electronic file, in a format
specified by the City Engineer, and one mylar copy of "as-built" drawings. These drawings shall
be in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State
of California as to accuracy and completeness, and shall reflect the Improvements as actually
constructed, with any and all changes incorporated therein. Developer shall be solely responsible
and liable for ensuring the completeness and accuracy of the record drawings.
4.21. Ownership of Improvements. From and after acceptance of the
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 Communities Development
Authority to form a Community Facilities District to fund the construction of some of the
infrastructure required by Development Agreement. City and Developer acknowledge that the
Improvements are in the category of infrastructure that is potentially eligible for funding through a
Community Facilities District and that Developer's costs may be reimbursed with the proceeds of
Community Facilities District 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 Municipal Code, Developer will furnish and
deliver to City, within the times set forth below, the following surety bonds, each of which must be
issued by a surety company duly and regularly authorized to do general surety business in the State of
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(ies) in the total amount of Four Million Forty-nine Thousand Four Hundred Twenty-six
Dollars ($4,049,426), concurrently with the execution of this Agreement, which must meet the
requirements of 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 released by the City
effective upon the date of recordation of the notice of acceptance of the improvements as described in
Section 4.18.2 and Developer's delivery of the Warranty Security described in Section 6.1.3. Securities
shall be furnished in accordance with the following schedule.
Schedule of Performance Securities
• Vast Oak Phase I Surface Improvements (Backbone) - Six Hundred Three Thousand One
Hundred Ninety Dollars ($603,190).
• Vast Oak Phase I Surface Improvements (Phase 1A - Cypress) – Six Hundred Ninety-five
Thousand Two Hundred Ninety Dollars ($695,290)
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• Vast Oak Phase I Surface Improvements (Phase 1B - Mulberry) – One Million Eighty-nine
Thousand Nine Hundred Eighty Dollars ($1,089,980)
• Vast Oak Phase I Surface Improvements (Phase 1C - Magnolia) - Eight Hundred Sixty-three
Thousand Seven Hundred Thirty Dollars ($863,730)
• Vast Oak Phase I Surface Improvements (Phase 1D - Cypress) – Three Hundred Twenty
Thousand Two Hundred Seventy Dollars ($320,270)
• West Detention Basin Landscaping - Three Hundred Eighty-two Thousand Five Hundred
Dollars ($382,500)
• Hinebaugh Creek Class I Bike Trail, Phase One Landscaping – Ninety-four Thousand Four
Hundred Sixty-six Dollars ($94,466)
6.1.2 Labor and Materials Security. Developer shall furnish and deliver labor
and materials security(ies) in the amount of Four Million Forty-nine Thousand Four Hundred Twenty-
six Dollars ($4,049,426), 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 Attorney. The security shall secure payment to
the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing 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 all claimants for whom claims of lien
have been recorded and notice given in writing to the City Council. The balance of the security shall be
retained until the final settlement of all such claims and obligations. If no such claims have been
recorded, the security shall be released in full by the City Engineer. Securities are expected to be
furnished in accordance with the following schedule.
Schedule of Labor and Materials Securities
• Vast Oak Phase I Surface Improvements (Backbone) - Six Hundred Three Thousand One
Hundred Ninety Dollars ($603,190).
• Vast Oak Phase I Surface Improvements (Phase 1A - Cypress) – Six Hundred Ninety-five
Thousand Two Hundred Ninety Dollars ($695,290)
• Vast Oak Phase I Surface Improvements (Phase 1B - Mulberry) – One Million Eighty-nine
Thousand Nine Hundred Eighty Dollars ($1,089,980)
• Vast Oak Phase I Surface Improvements (Phase 1C - Magnolia) - Eight Hundred Sixty-three
Thousand Seven Hundred Thirty Dollars ($863,730)
• Vast Oak Phase I Surface Improvements (Phase 1D - Cypress) – Three Hundred Twenty
Thousand Two Hundred Seventy Dollars ($320,270)
• West Detention Basin Landscaping - Three Hundred Eighty-two Thousand Five Hundred
Dollars ($382,500)
• Hinebaugh Creek Class I Bike Trail, Phase One Landscaping – Ninety-four Thousand Four
Hundred Sixty-six Dollars ($94,466)
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 Code. The amount of Six
Hundred Four Thousand Seven Hundred Nineteen Dollars ($604,719) 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 of one
(1) year following the date of recordation of the notice of acceptance of the improvements against any
defective work or labor done, or defective materials furnished. Securities shall be furnished in
accordance with the following schedule.
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Schedule of Warranty Securities
• Vast Oak Phase I Surface Improvements (Backbone) – Ninety Thousand Four Hundred Seventy-
eight Dollars and Fifty Cents ($90,478.50).
• Vast Oak Phase I Surface Improvements (Phase 1A - Cypress) – One Hundred Four Thousand
Two Hundred Ninety-three Dollars and Fifty Cents ($104,293.50)
• Vast Oak Phase I Surface Improvements (Phase 1B - Mulberry) – One Hundred Sixty-three
Thousand Four Hundred Ninety-seven Dollars ($163,497)
• Vast Oak Phase I Surface Improvements (Phase 1C - Magnolia ) - One Hundred Twenty-nine
Thousand Five Hundred Fifty-nine Dollars and Fifty Cents ($129,559.50)
• Vast Oak Phase I Surface Improvements (Phase 1D -Cypress ) – Forty-eight Thousand Forty
Dollars and Fifty Cents ($48,040.50)
• West Detention Basin Landscaping - Fifty-seven Thousand Three Hundred Seventy-five Dollars
($57,375)
• Hinebaugh Creek Class I Bike Trail, Phase One Landscaping - Eleven Thousand Four Hundred
Seventy-five Dollars ($11,475)
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 have Developer post additional security,
the City may require either a cash deposit or a surety bond guaranteeing performance in a form and
signed by sureties satisfactory to it. The condition of the security shall be that if Developer fails to
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 perform the obligations of the
Agreement.
7 Indemnity and Insurance.
7.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its
elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from
and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively,
"Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees',
acts, omissions, or operations under this Agreement, including, but not limited to, the performance of
the Work, whether such acts, omissions, or operations are by Developer or any of Developer's
contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the
sole negligence or willful misconduct of the City. This indemnification includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or
expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all
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 defense.
The aforementioned indemnity shall apply regardless of whether or not City has prepared,
supplied or approved plans and/or specifications for the Work or Improvements and regardless of
whether any insurance, workers compensation, disability or other employee benefit acts or terms
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 acceptance of the bonds or insurance required
under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive the
expiration or termination of this Agreement.
Developer agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every contractor and 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
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event Developer fails to obtain such indemnity obligations from others as required here, Developer
agrees to be fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will in no way act as
a waiver of any rights 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 may
occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance
and endorsements to City before any Work commences. The insurance policy shall, at a minimum,
contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, elected officials, employees, consultants, agents and
volunteers are to be covered as additional insured’s as respects to liability arising
out of activities performed by or on behalf of Developer. The coverage shall
contain no special limitations on the scope of protection afforded to the City, its
officers, elected officials, employees, consultants, agents and volunteers.
(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 has been completed
to the satisfaction of the City Engineer.
(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 coverage be
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 policy shall not affect
the coverage provided to the City, its officers, elected officials, employees,
consultants, agents and volunteers.
(6) Developer's insurance coverage shall be primary insurance as respects the City,
its officers, elected officials, employees, consultants, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, elected officials,
employees, consultants, agents and volunteers shall be in excess of Developer's
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 and its contractors
shall provide a financial guarantee satisfactory to City guaranteeing payment of
losses and related investigation costs, claims, and administrative and defense
expenses.
(8) Developer and Developer's insurance company agree to waive all rights of
subrogation against City, its officers, elected officials, employees, agents and
volunteers for losses paid under Developer's workers' compensation insurance
policy which arise from the work performed by Developer.
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(9) Developer’s insurance shall apply separately to each insured against whom claim
is made or suit is brought, and include a “separation of insureds” or
“severability” clause which treats each insured separately, except with respect to
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 insurance coverages
requirements and/or limits shall be available to the Additional Insured, including
but not limited to any umbrella or excess insurance. Furthermore, the
requirements for coverage and limits shall be the greater of: (a) the minimum
coverage and limits specified in this Agreement; or (b) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured.
In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or
all work must cease as of the cancellation date until replacement insurance coverage is provided.
If Developer fails to maintain insurance coverage or provided insurance documentation which is
required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. City, at its
sole option, may terminate this Agreement and obtain damages from Developer resulting from said
breach. Alternatively, City may purchase the required insurance coverage, and without further notice to
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.
7.3. Workers' Compensation Insurance. Developer shall provide, or cause to be
provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their
subcontractors, agents and representatives to also maintain Workers' Compensation insurance as
required by law. No Work shall commence until such Workers' Compensation insurance is obtained and
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 certificates, 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.
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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 set forth herein
or abandons the Work.
(2) Developer assigns the Agreement without the prior written consent of City.
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of
creditors, or a receiver is appointed in the event of Developer's insolvency.
(4) Developer or Developer's contractors, subcontractors, agents or employees, fail
to comply with any terms or conditions of this Agreement.
(5) Any delay in the construction of any portion of the Work or repairs, which in the
reasonable opinion of the City Engineer, endangers public or private property.
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 to complete the Work
by contract or other method the City considers advisable, at the sole expense of Developer. Developer,
immediately upon demand, shall pay the costs and charges related to the Work and any subsequent
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 to Developer as may be on or about the
Property and necessary for completion of the work. In the event of default, the financial institution
holding the security shall be liable to City to pay the face amount of the bonds, as specified under
Section 6.
8.3. Remedies. City may bring legal action to compel performance of this Agreement
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 City under this section of the Agreement,
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 failure on the part of City to exercise any right
or remedy hereunder shall operate as a waiver of any other right or remedy that City may have
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 this Agreement. Developer shall, at its own
cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay
all fees and taxes required by law and make any and all deposits legally required by those public
utilities that will serve the development on the Property. Copies and/or proof of payment of said
permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer
upon request.
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9.2. Notices. Formal written notices, demands, correspondence and communications
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 to the offices of City and Developer
indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail,
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 to such persons and addresses as
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
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 provided above shall be deemed to have been
served two (2) business days after the date of deposit if addressed to an address within the State of
California, and three (3) business days if addressed to an address within the United States but outside
the State of California.
9.3 Attorney Fees. Should any legal action or arbitration be brought by either party
because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party
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 matters addressed in this Agreement.
This Agreement may not be altered, amended or modified without the written consent of both parties
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 written approval of the City. In connection
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with any such assignment, Developer and its assignee shall execute and deliver to City a written
assignment and assumption agreement in a form acceptable to the City Attorney.
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, invalid,
the remainder of this Agreement shall not be affected, except as necessarily required by the invalid
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, partners, joint venturers or employees of City
and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent
contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and
dominion of Developer. Further, there are no intended third party beneficiaries of any right or
obligation assumed by the Parties.
9.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and
conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties
hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of
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 Superior Court of the County of
Sonoma, State of California.
9.13. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
9.14. 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.
9.15. Headings. Section headings in this Agreement are for convenience only and are
not intended to be used in interpreting or construing the terms, covenants or conditions contained in this
Agreement.
9.16. Authority. Each party executing this Agreement on behalf of a party represents
and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports
to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or
trustee has full right and authority to enter into this Agreement and perform all of its obligations
hereunder.
9.17 Joint and Several Liability. University District and Vast Oak agree to and shall
be jointly and severally liable for all obligations of Developer under this Agreement.
Page 14 of 21
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective
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 August 25, 2015.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 15 of 21
Dated:
"DEVELOPER"
University District LLC,
________________________________________
By:
Kevin Pohlson
Vice President
By:_________________________________
Gregory Glenn
Chief Financial Officer
Vast Oak Properties L.P.
________________________________________
By:
Craig R. Harrington
General Partner
Page 16 of 21
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 the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
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 of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
Page 17 of 21
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 to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
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 of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
Page 18 of 21
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 the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
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 of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
Page 19 of 21
EX
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1
ITEM NO. 6.C.4.
1
Meeting Date: August 25, 2015
Department: Public Works & Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Terrie Zwillinger, Project Coordinator
Agenda Title: Consideration of a Resolution Authorizing the City Manager to Execute Change
Orders up to Twenty Percent (20%) of the Contract Value for the Benicia Pool
Renovation Project (Project No. 2014-06)
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute
change orders up to twenty percent (20%) of the contract value for the Benicia Pool Renovation
Project (Project No. 2014-06).
BACKGROUND:
The Benicia Pool Renovation Project (“Project”) is the renovation of Benicia Pool which
includes the replacement of the pool liner, pool decking and building roofs. The project is
funded through 2007R Tax Allocation Bonds (TAB). On March 24, 2015, the City Council
adopted Resolution No. 2015-058 awarding a construction contract to Carr’s Construction
Services in the amount of $1,015,650 and Resolution No. 2015-057 appropriating funds from the
2007R TAB funds to the CIP for the project.
During the course of the project, changes to the contract documents have occurred due to site
conditions and city-requested changes, requiring change orders to the contract. The change
orders currently under consideration for the project will exceed 10% of the construction contract.
Resolution No. 2015-058 did not provide project-specific authority to the City Manager for
executing Contract Change Orders (CCOs) and in the absence of project-specific authorization,
the City’s Purchasing Policy limits the City Manager’s approval authority to 10% of the
approved construction contract, or $101,565.
ANALYSIS:
The project is currently in construction with approximately one month remaining until
substantial completion. Changes to the contract documents are due to either items encountered
during construction or as the result of city requested changes.
Several major construction issues arose during the course of the project including the following
items.
• Unforeseen Soil Conditions Encountered ($41,065): Clay soil was encountered 6 inches
below subgrade. The contract documents did not account for clay soil and the
geotechnical engineer recommended removal of 12 inches of material with infill of select
fill.
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
ITEM NO. 6.C.4.
2
• Revised location for Sewer and Water Tie-in ($20,000 est): The location for utility tie-
ins on the plans was incorrect. There was no water line in the location shown and the
sewer line did not have enough fall (incorrect invert) to flow correctly. Staff provided
guidance to new locations for tie-in into the sewer and water mains in the adjacent
parking lot. Change order included potholing for utilities to locate the mains.
• Irrigation Piping and Controllers ($10,084 est): Because of the expanded deck and
fencing, the existing irrigation system would not cover the new lawn area. A new
irrigation system needs to be installed, including dual valves for future irrigation in area
between new fence and sidewalk (City project).
• Light Niche Repair ($8,041): Contractor needed to patch abandoned lights and increase
the size of the hole in the pool shell to replace existing light niches due to conflict in
dimensions.
• Unforeseen Material under Pool Deck ($6,846): Unforeseen material was encountered
under pool deck, consisting of concrete and gunite. The material was removed by hand
because the contractor could not use a machine to do the work due to the coarse sand
backfill in the locations of material.
• Relocation of Pool Pump ($4,544): The electrical panel requires 36-inch clearance from
pool equipment and was in non-compliance. Contractor rotated the pump 90 degrees to
accommodate clearance requirements.
• Shower Valve ($4,543): There was a conflict in the shower valve as specified versus
what was shown in the plans.
In addition to the items listed above, there was a credit of $10,125 issued for removal of
insulation in the roofing. The total of change orders to date (several of which are in the process
of being negotiated) is approximately $112,000, which is 11% of the contract value.
Construction issues consist of approximately 8% of the changes and City-requested changes
consist of approximately 3%.
Heater: Two Bid Alternates were included for consideration in the original contract documents:
A-1) pool heater and A-2) two shade structures. The bid for the pool heater from the contractor
was $120,000 and was rejected because staff research on heater costs found that it would be
significantly less costly for the City to furnish the heater and install it as a separate project. Staff
included $70,000 in the total project budget to furnish and install the heater.
The intent was for staff to purchase the heater and install it over the winter season once the
project was complete. However, logistically, it was determined that it would be most efficient
for the heater to be installed during construction, prior to pool opening, because the retrofit of the
heater would require different vents in the new roof and removal of concrete in the new floor to
accommodate different plumbing.
Staff solicited bids and purchased a heater for $26,643.75, thus leaving $43,356.25 for
installation of the heater. It has been determined that it would be most efficient for the contractor
to install the heater as part of a change order request to the contract. The estimated cost for
installation from the contractor is $30,320. The combined purchase and install costs are within
the project budget, however because it would be now included in the construction contract,
would increase the total contract change amount to approximately $142,000 (14% of contract
value).
ITEM NO. 6.C.4.
3
Total Project Budget
Based on current change order requests, including the installation of the heater, change orders
would equal approximately 14% (or $142,000) of the construction contract. Because the project
still has approximately one month before substantial completion, staff recommends increasing
the contract change order authorization to 16% of the contract value (or $162,000). This would
provide an additional $20,000 in unforeseen project changes. It is not anticipated that this entire
amount would be used; however, it provides a buffer in the event additional changes are needed.
The project budget approved by Council on March 24, 2015 was $1,378,816. This included the
$70,000 outside the construction contract for heater purchase and installation. The total
recommended project costs are as follows:
Item Original Budget
with 10% Cont
Revised Budget
with 20% Cont
Change in
Budget
Construction Cost Construction Services, Inc $1,015,650 $1,015,650 $0
Construction Contingency $101,565 $203,130 $101,565
Design Engineer Costs $90,036 $90,036 $0
CM/Inspection $101,565 $101,565 $0
City Furnished Heater* $70,000 $26,643 ($43,356)
Total Project Cost $1,378,816 $1,437,025 $58,209
*Note: $70,000 was budgeted for the heater, however only $26,643 was spent to purchase the
heater. The remaining $43,356 is recommended to be moved to the construction contract
contingency.
The change in project budget is an additional $17,583.
ENVIRONMENTAL ANALYSIS: At the time of award, the Project determined to be exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15302(c) of Title 14 of the California Code of Regulations for replacement or reconstruction of
existing utility systems and/or facilities involving negligible or no expansion of capacity. The
changes to Project are associated solely with work necessary to renovate the project and did not
result in an expansion of capacity. As such the Project remains exempt from the requirements of
CEQA pursuant to Section 15302(c) of Title 14 of the California Code of Regulations.
OPTIONS CONSIDERED: None. Providing the City Manager with additional change order
authority is necessary to complete the project in compliance with the City’s Purchasing Policy.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $58,209
maximum. The funding source is from the 2007RTAB Bonds, Project PR-71. There are
sufficient funds available in the bond funds from the Community Center Parking Lot Overlay
Project, which was over funded. The overfunding from the Community Center Parking Lot
Overlay Project provided additional funds for other projects that were underfunded. See
Attachment 2 for revised Bond Public Improvement List.
ITEM NO. 6.C.4.
4
Department Head Approval Date: 8/11/15
City Manager Approval Date: 8/17/15
City Finance Director Approval Date: 8/14/15
City Attorney Approval Date: NA
Attachments (list in packet assembly order):
1. Resolution Authorizing the City Manager to Execute Change Orders Up to Twenty
Percent (20%) of the Original Contract Amount for the Benicia Pool Renovation Project
(Project No. 2014-06)
2. Updated Bond Public Improvement List
1
2015-138
RESOLUTION NO. 2015 – 138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS UP TO
TWENTY PERCENT (20%) OF THE ORIGINAL CONTRACT AMOUNT FOR THE
BENICIA POOL RENOVATION PROJECT (PROJECT NO. 2014-06)
WHEREAS, on March 24, 2015, the City Council adopted Resolution No. 2015-058
adopting the plans and specifications for the Benicia Pool Renovation Project (Project No. 2014-
06), finding the project exempt from the requirements of the California Environmental Quality
Act and awarding a construction contract to Carr’s Construction Services, Inc in the amount of
$1,015,650; and
WHEREAS, Resolution No. 2015-058 did not provide project-specific authority to the
City Manager for executing Contract Change Orders (CCOs); and
WHEREAS, in the absence of project-specific authorization, the City’s Purchasing
Policy limits the City Manager’s approval authority to 10% of the approved construction
contract, or $101,565; and
WHEREAS, during the construction of the Benicia Pool Renovation Project, staff
identified issues with soil conditions, unforeseen material under the pool deck and other items
that were not anticipated in the approved design and required additional work to accomplish; and
WHEREAS, staff expects that a 20% increase to the contract value is needed to
complete the contract change order work; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize the City Manager to execute CCOs up to twenty percent (20%)
of the original contract amount, and execute documents pertaining to same for and on behalf of
the City of Rohnert Park.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it
hereby authorize and approve the Director of Finance, or her designee to take all action
necessary to fund the project.
DULY AND REGULARLY ADOPTED this 25th day of August, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
2
2015-138
ATTEST:
______________________________
JoAnne M. Buergler, City Clerk
CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ATTACHMENT 2
Version 7 August 11, 2015
UPDATED Bond Public Improvement List
Available 2007R TAB Funds = $5.7 million
1999 TAB Funds = $622,535
TOTAL 6,322,535.00$
Project
Estimated
Cost ($ )
Construction
Contingency ($)
Total
Construction
($)
Design,
Environmental,
Legal,
Construction
Management ($)
March 2015
Project Total ($)
August 2015
Revised Total ($)
B-Pool Renovation and New Restroom 700,000 140,000 840,000 277,200 1,378,816 1,437,025
Sports Center Locker Rooms Retrofit 255,000 51,000 306,000 100,655 406,655 778,921
Public Safety Main HVAC Replacement 280,000 70,200 702,000 231,660 446,880 533,253
A-Park Restroom Renovation 220,000 44,000 264,000 87,120 169,403 169,403
L-Park Restroom Renovation 85,000 17,000 102,000 33,660 55,761 47,633
PAC HVAC Replacement (4 units)350,000 70,000 420,000 42,000 462,000 462,000
Community Center Roof Replacement 150,000 30,000 180,000 59,400 239,400 239,400
Senior Center Roof Replacment 150,000 30,000 180,000 54,000 234,000 234,000
Senior Center Restroom Renovation 70,000 14,000 84,000 25,200 109,200 109,200
PAC Roof Replacement 800,000 160,000 960,000 316,800 1,276,800 1,276,800
Library Parking Lot Paving and Landscaping 145,000 29,000 174,000 60,900 234,900 234,900
Community Center Parking Lot Overlay 820,000 164,000 984,000 324,720 1,308,720 800,000
Total Bond Funds 6,322,535 6,322,535
Note, B-Pool Renovation and Sports Center Locker Room include 15% Construction Contingency 0
ITEM NO. 6.D.
1
Meeting Date: August 25, 2015
Department: Development Services
Submitted By: Mary Grace Pawson, Acting Director of Development Services
Prepared By: Eydie Tacata, Management Analyst
Agenda Title: Authorize the City Manager to Execute Intergovernmental Services Agreement
with the County of Sonoma for Materials Testing and Inspection Services
RECOMMENDED ACTION:
By Minute Order, authorize the City Manager to execute Intergovernmental Services Agreement
with County of Sonoma for Materials Testing and Inspection Services.
BACKGROUND:
In 2012, the City entered into an Intergovernmental Services Agreement (“Agreement”) with the
County of Sonoma for project inspection services, laboratory and field services involving
sampling and testing of construction materials for contract compliance, and miscellaneous
engineering analysis related to the expertise of materials laboratory staff. The Agreement was a
result of a collaborative effort in 2011 by leaders of the eight Sonoma County municipalities to
work together to reduce costs and share resources on certain common services.
The City has utilized the County’s services as provided by the 2012 Agreement on several City
projects, including the 2013 Various Streets project (Citywide) and 2015 Pavement Repair
Services project (Golf Course Drive, Holly Avenue, Seed Farm Drive and Enterprise Drive).
The Agreement expired on June 12, 2015.
ANALYSIS:
The County has provided satisfactory materials testing services on an as-needed basis for several
of our pavement projects. The services were provided at rates comparable to private testing
facilities, and in some cases were more reasonable. The laboratory is Caltrans-certified and
meets requirements for Federally-funded projects such as the Rohnert Park Expressway
Rehabilitation, which is currently under construction.
This Agreement does not commit the County to provide any of the services identified in this
Agreement to City, nor does the Agreement commit the City to utilizing any of the County’s
services provided through the Agreement, and the City may choose to utilize third parties to
provide services instead.
This Minute Order would provide the City Manager with the authority to execute the
Intergovernmental Services Agreement with County of Sonoma over a three-year contract
period, in a form substantially similar to the Agreement in Attachment 1, and further provide the
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
ITEM NO. 6.D.
2
City Manager with the authority to extend the Agreement for one additional three-year period as
provided therein. The scope of services includes project inspection services, laboratory and field
services involving sampling and testing of construction materials for contract compliance, and
miscellaneous engineering analysis related to the expertise of materials laboratory staff.
FISCAL IMPACT/FUNDING SOURCE:
There is no net impact to the General Fund for the services provided through this Agreement.
The cost of these services is included in the capital improvement project budget approved by the
City Council. The lab services are funded by the capital projects’ funding sources, which may
include Gas Tax (Fund 130), Measure M Local Streets and Roads (Fund 135), Road Refuse
Impact Fund (Fund 125), Excess Bond Funds (Fund 325), Federal Grant Funds (Fund 310-3541),
or Casino Supplemental Mitigation Fund (Fund 178).
Department Head Approval Date: 8/11/2015
City Manager Approval Date: 8/17/2015
City Attorney Approval Date: 8/11/2015
Attachments:
1. Intergovernmental Services Agreement
-1-
INTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN
THE COUNTY OF SONOMA
AND
THE CITY OF ROHNERT PARK
This agreement ("Agreement"), dated as of ____________________ (“Effective Date”) is by
and between the County of Sonoma, a political subdivision of the State of California (hereinafter
"County"), and the City of Rohnert Park, a municipal corporation formed under the laws of the
State of California (hereinafter "City"). City and County may be individually or collectively
referred to herein as a “party” or the “parties,” respectively.
R E C I T A L S
WHEREAS County operates a materials laboratory and construction inspection office that
perform certain services, including project inspection services, laboratory and field services
involving sampling and testing of construction materials for contract compliance, and
miscellaneous engineering analysis related to the expertise of materials laboratory staff; and,
WHEREAS, City periodically has need of the types of services performed by County’s materials
lab and construction inspection services and desires to be able to utilize County for these services
on an as needed basis, and
WHEREAS, County is prepared to provide the services identified in this Agreement – provided
that County has the capacity and sufficient manpower at the time City requests such services –
upon the terms and conditions provided herein.
WHEREAS, this Agreement does not commit County to providing any of the services identified
in this Agreement to City. County may refuse to provide services requested by City pursuant to
this Agreement at any time, and City may choose to utilize third parties to provide services
instead of requesting services pursuant to this Agreement; and,
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained herein, the parties hereto agree as follows:
A G R E E M E N T
1. SCOPE OF SERVICES.
1.1 Services Offered. Subject to having sufficient capacity and available manpower
to perform any requested services, County agrees, upon receipt of a written request from City as
provided in Section 1.2 below, to offer to City the services described in Exhibit “A,” attached
hereto and incorporated herein by this reference (hereinafter "Services").
1.2 Request & Provision of Services. City may request that Services be rendered
pursuant to this Agreement by presenting a written request for Services to County. All requests
ATTACHMENT 1
-2-
must be approved in writing by an authorized County representative, and County shall not be
obligated to perform any Services unless and until a request has been approved and executed as
provided hereinafter. The Services being requested and the time for completion of the Services
(hereinafter “Scope of Services”) shall be clearly identified in the written request. County may
deny a Scope of Services and refuse to provide Services to City for any reason. No Services
shall be provided until the Scope of Services is signed by both parties. Neither party guarantees
a minimum or maximum amount of Services that it will request or provide pursuant to this
Agreement.
1.3 Non-Exclusivity. This Agreement does not preclude either (i) City from hiring
third parties to perform Services or using its own facilities, equipment and personnel to perform
Services, or (ii) County from entering additional agreements to perform Services for third
parties. City retains its discretion to decide if and when to place a request for Services with
County, and nothing in this Agreement shall be construed as requiring City to request Services
from County. County retains its discretion to decide if and when to accept a request for Services
from City, and nothing in this Agreement shall be construed as requiring County to accept a
request for Services from City.
2. CONTACT INFORMATION AND HOURS OF OPERATION.
County’s Materials Lab is located at 2688 Ventura Avenue, Santa Rosa, CA 95403 and
County’s Construction Inspection Office is located at 2300 County Center Drive, Suite B-100,
Santa Rosa, CA 95403. Contact information and hours of operation for County’s Materials Lab
are provided in Exhibit “A,” attached hereto and incorporated herein by this reference. From
time to time, this Exhibit may be updated to reflect any changes to the contact information or
hours of operation stated therein.
3. CHARGES AND BILLING.
3.1 Payment. All Services performed hereunder, shall be invoiced and paid on a time
and material/expense basis in accordance with the rates set forth in Section 3.2 herein. County
shall invoice City within thirty (30) days of the completion of the Services covered by the Scope
of Services. Unless otherwise requested by City, in the event County accepts multiple Scopes of
Services in a calendar month, County may elect to instead provide one invoice to City for all of
the Services provided within a calendar month. City shall remit payment to County within thirty
(30) days of City’s receipt and approval of an invoice.
3.2 Billing and Rates. All expenses, including labor, materials, vehicle mileage,
testing expendables, overhead, and third-party charges, shall be charged to City at direct cost
based on County’s established rates at the time such Services are performed. County’s rates are
established each fiscal year and are subject to change. County’s current rates for the Services are
set forth in Exhibit “A,” attached hereto and incorporated herein by this reference. County
agrees to notify City of any changes in the rates for the Services in a timely manner.
ATTACHMENT 1
-3-
4. AGREEMENT ADMINISTRATION & DISPUTE RESOLUTION.
4.1 Authority to Act Under This Agreement. All action pursuant to this Agreement
requiring approval of or agreement by “City” may be authorized by the City’s Deputy City
Engineer, Patrick Barnes, or a duly authorized delegate (“authorized City representative”). All
action pursuant to this Agreement requiring approval of or agreement by “County” may be
authorized by County’s Director of Transportation and Public Works, or a duly authorized
delegate, as long as such decisions or actions are within the authority delegated to the Director
by the Sonoma County Board of Supervisors (“authorized County representative”). For the
purposes of approving a written request for Services pursuant to Section 1.2 above, the Director
hereby delegates such authority to the individuals identified in Section II of Exhibit “A.”
4.2 Problem Resolution and Dispute Process. If at any time, a disagreement or
problem should arise concerning the operation of this Agreement, the parties agree that the
dispute will be resolved at the division manager level within County and City’s respective
organizations. If the appropriate City representative and the County representative are unable to
resolve the problem within 30 days, the matter shall be submitted to the City Manager and the
Director of Transportation and Public Works or their respective designees.
5. INDEMNIFICATION.
Each party shall indemnify, defend, protect, hold harmless, and release the other, and any and all
of its officers, agents, and employees, from and against any and all claims, suits, losses,
proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and
costs, witness costs, court costs, interest, and defense costs) where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by the indemnifying party or by any individual or entity for which the indemnifying
party is legally liable, including but not limited to officers, agents, employees or sub-contractors.
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 indemnifying party under workers’
compensation acts, disability benefit acts, or other employee benefit acts. This indemnity
provision survives the Agreement. The provisions of this section do not apply to claims
occurring as a result of the sole negligence of the party which would otherwise be indemnified.
The provisions of this section shall not release either party from liability arising from its gross
negligence or willful acts or omissions or the gross negligence or willful acts or omissions of its
officials, employees and agents.
6. INSURANCE.
Each party shall be responsible for maintaining the insurance specified in attached Exhibit D
either through a program of insurance or self-insurance or any combination thereof.
7. TERM OF AGREEMENT.
This Agreement shall commence on the Effective Date and shall have an initial term of three (3)
years unless terminated earlier in accordance with the provisions of Section 8 below. The parties
ATTACHMENT 1
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may mutually agree in writing to extend the term of this Agreement for one (1) additional three-
year term at any time prior to its expiration or termination. Any such extension shall be upon the
same terms and conditions set forth herein.
8. TERMINATION.
8.1 Termination Without Cause. Notwithstanding any other provision of this Agreement,
at any time and without cause, either party shall have the right, in its sole discretion, to terminate
this Agreement by giving thirty (30) days written notice to the other party.
8.2 Termination for Cause. Notwithstanding any other provision of this Agreement,
should a party fail to perform any of its material obligations hereunder or otherwise violate any
of the terms of this Agreement, the other party, in addition to any other remedies, may
immediately terminate this Agreement by giving the noncompliant party written notice of such
termination, stating the reason for termination.
8.3 Completion of Pending Services; Payment Upon Termination. The parties agree that
if either party terminates the Agreement pursuant to this Section 8, County will complete any
Services for which a Scope of Services has already been signed in accordance with the terms of
this Agreement and the Scope of Services, unless City agrees in writing that County is released
from providing any further Services stated in the Scope of Services. Upon termination of this
Agreement by either party, County shall be entitled to receive full payment for all services
satisfactorily rendered and expenses incurred hereunder through and until the final date of
termination. In the event City releases County from providing further Services under any
pending Scope of Services, City agrees to pay County an amount which bears the same ratio to
the total payment specified in the Scope of Services as the services satisfactorily rendered
hereunder by County bear to the total services otherwise required to be performed for such total
payment.
8.4 Authority to Terminate. The Board of Supervisors has the authority to terminate this
Agreement on behalf of County. In addition, the Purchasing Agent or the Director of
Transportation and Public Works, in consultation with County Counsel, shall have the authority
to terminate this Agreement on behalf of County. The City Council or City Manager has the
authority to terminate this Agreement on behalf of City.
9. INDEPENDENT AGENCIES.
9.1 Each party is and shall at all times remain a wholly independent agency and nothing
herein shall be construed or is intended to make either party an officer, employee or agent of the
other party. Neither party shall have the authority to bind the other party in any manner, nor to
incur any obligation, debt or liability of any kind on behalf of or against the other party, whether
by contract or otherwise, unless such authority is expressly conferred under this Agreement or is
otherwise expressly conferred in writing by the other party.
9.2 The personnel performing the Services under this Agreement on behalf of City shall
at all times be under City’s exclusive direction and control, and the personnel performing the
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Services under this Agreement on behalf of County shall at all times be under County’s
exclusive control. Neither party, nor any elected or appointed boards, officers, officials,
employees or agents of the party, shall have control over the conduct of the other party or any of
the other party’s officers, employees, or agents except as set forth in this Agreement. Neither
party shall at any time or in any manner represent that the other party or any of the other party’s
officers, employees, or agents are in any manner officials, officers, employees or agents of the
other party.
9.3 None of County’s officers, employees or agents shall obtain any rights to retirement,
health care or any other benefits which may otherwise accrue to City’s employees. None of
City’s officers, employees or agents shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to County’s employees.
10. ADDITIONAL DOCUMENTS AND AGREEMENTS
The parties agree to cooperate in the execution of any additional documents or agreements that
may be required to carry out the terms of this Agreement.
11. AGREEMENT CONTROLLING.
In the event of a conflict between the provisions of the body of this Agreement and the Exhibits,
the provisions of the body of the Agreement shall prevail.
12. NOTICES.
Whenever notice is required there under, it shall be given in writing to the parties as follows:
City of Rohnert Park:
City Manager
130 Avram Avenue
Rohnert Park, CA 94928
County of Sonoma:
Director of Transportation and Public Works
2300 County Center Dr. B-100
Santa Rosa, CA 95403
When so addressed, notice shall be deemed served as follows:
(a) If a notice, bill or payment is given by a generally recognized overnight courier
service, the notice, bill or payment shall be deemed received on the next business day.
(b) When a copy of a notice, bill or payment is sent by facsimile or email, the notice, bill
or payment shall be deemed received upon transmission as long as (1) the original
copy of the notice, bill or payment is promptly deposited in the U.S. mail and
postmarked on the date of the facsimile or email (for a payment, on or before the due
date), (2) the sender has a written confirmation of the facsimile transmission or email,
and (3) the facsimile or email is transmitted before 5 p.m. (recipient’s time).
(c) In all other instances, notices, bills and payments shall be effective upon receipt by
the recipient.
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Changes may be made in the names and addresses of the person to whom notices are to be given
by giving notice pursuant to this Section 12.
13. ASSIGNMENT/DELEGATION.
Neither party hereto shall assign, delegate, sublet, or transfer any interest in or duty under this
Agreement without the prior written consent of the other, and no such transfer shall be of any
force or effect whatsoever unless and until the other party shall have so consented.
14. NON-DISCRIMINATION.
County and City shall comply with all applicable federal, state and local laws, rules, and
regulations in regard to nondiscrimination in employment because of race, color, ancestry,
national origin, religion, sex, marital status, sexual orientation, age, medical condition (including
AIDS or HIV), handicap, or other prohibited basis. All nondiscrimination rules or regulations
required by law to be included in this Agreement are deemed incorporated by this reference.
15. AMENDMENT.
Changes to this Agreement may be authorized only by written amendment, signed by both the
Rohnert Park City Counsel and the Sonoma County Board of Supervisors.
16. CONSENT
Wherever in this Agreement the consent or approval of one party is required to an act of the
other party, such consent or approval shall not be unreasonably withheld or delayed.
17. ENTIRE AGREEMENT
This Agreement, including the attached Exhibits “A” and “B,” is intended both as the final
expression of the Agreement between 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 Civil
Procedure Section 1856. No statements, representations or other Agreements, whether oral or
written, made by any party which are not embodied herein shall be valid and binding. Except for
rates and contact information specifed in Exhibits A, no modification of this Agreement shall be
effective unless and until such modification is evidenced by a writing signed by both parties.
The Department of Transportation and Public Works, in consultation with County Counsel, may
execute minor amendments on behalf of County. The parties agree that this requirement for
written modifications cannot be waived and that any attempted waiver shall be void.
18. WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement
shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of
any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
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Acceptance by either party of any Services by the other party shall not constitute a waiver of any
of the provisions of this Agreement.
19. EXCUSABLE DELAYS
County shall not be liable for damages, including liquidated damages, if any, caused by delay in
performance or failure to perform due to causes beyond the control of County. Such causes
include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local
governments not parties to this Agreement, court orders, fires, floods, epidemics, strikes,
embargoes, and unusually severe weather.
20. APPLICABLE LAW; VENUE
This Agreement shall be construed and interpreted according to the substantive law of California,
regardless of the law of conflicts to the contrary in any jurisdiction. Any action to enforce the
terms of this Agreement or for the breach thereof shall be brought and tried in Santa Rosa or the
forum nearest to the City of Santa Rosa, in the County of Sonoma.
21. CONSTRUCTION/SEVERABILITY
To the fullest extent allowed by law, the provisions of this Agreement shall be construed and
given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. If any
term, condition or covenant of this Agreement is declared or determined by any court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall not be affected thereby and the Agreement shall be read and construed without
the invalid, void or unenforceable provision(s). The parties acknowledge that they have each
contributed to the making of this Agreement and that, in the event of a dispute over the
interpretation of this Agreement, the language of the Agreement will not be construed against
one party in favor of the other. The parties acknowledge that they have each had an adequate
opportunity to consult with counsel in the negotiation and preparation of this Agreement.
22. 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 third parties.
23. 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 construction or interpretation.
—THIS SPACE INTENTIONALLY LEFT BLANK—
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective
Date.
CITY OF ROHNERT PARK:
By: ________________________
City Manager
Date: ________________
Per ______________adopted by the Rohnert Park
City Council at its meeting of__________________.
APPROVED AS TO FORM FOR CITY:
By: ______________________________
City Attorney
Date: _______________
ATTEST:
By:
City Clerk
Date: _______________
COUNTY OF SONOMA:
By:
Chair
Board of Supervisors
Date: ________________
APPROVED AS TO FORM FOR
COUNTY:
By: ______________________________
County Counsel
Date: _______________
APPROVED AS TO SUBSTANCE
FOR COUNTY:
By: ______________________________
Director of Transportation and Public Works
Date: _______________
ATTEST:
By:
Clerk of the Board of Supervisors
Date: _______________
ATTACHMENT 1
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EXHIBIT A
COUNTY OF SONOMA MATERIALS LAB OPERATIONS
From time to time, this information may be updated by County to reflect any changes to the
information supplied herein.
I. County Hours of Operation
Soils Testing Lab: 7:30 A.M. to 4:30 P.M., Monday through Friday
Closed for lunch from Noon to 12:30 P.M.
Holidays: Standard County holidays are observed.
II. Phone numbers
Administration
David Dammuller, Construction Senior Engineer 565-2401
Sarah Fredericks, Construction Coordinator 565-2597
Victor Hayes, Materials Testing Coordinator 565-2025
Administration Division FAX number 565-3870
Soils & Materials Testing Lab FAX number 565-2322
County of Sonoma Rates and Services:
Labor Rates:
All rates are estimated and will be billed at actual rates and include currently approved indirect
cost rate.
Engineering Technician II $95.00/hour
Engineering Technician III $110.00/hour
Engineering Technician IV $125.00/hour
Senior Engineer $155.00/hour
Miscellaneous Charges:
Testing expendables will be billed at actual cost
Mileage will be billed at current federal reimbursable rates
ATTACHMENT 1
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Exhibit B
Insurance Requirements
Each party shall maintain the insurance or self-insurance specified below.
1. Workers Compensation and Employers Liability Insurance
a. Workers' Compensation insurance with statutory limits as required by the Labor Code of
the State of California.
b. Employers' Liability with limits of 1,000,000 per Accident; 1,000,000 Disease per
employee; 1,000,000 Disease per policy.
c. Required Evidence of Coverage:
i. Certificate of Insurance
2. General Liability Insurance
a. Commercial General Liability Insurance on an occurrence basis, no less broad than ISO
form CG 00 01.
b. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall
apply separately to each Project.
c. Agencies shall disclose any deductible or self-insured retention in excess of $25,000.
County for each Scope of Services is responsible for any deductible or self-insured
retention.
d. City shall be an additional insured for liability arising out of ongoing and completed
operations by or on behalf of County in the performance of this Agreement.
e. The insurance provided to City as an additional insured shall apply on a primary and non-
contributory basis with respect to any insurance or self-insurance maintained by City.
f. Required Evidence of Coverage:
i. Copy of the additional insured endorsement;
ii. Copy of the endorsement indicating that coverage for City is primary and non-
contributory; and
iii. Certificate of Insurance.
3. Automobile Liability Insurance
a. Minimum Limits: $1,000,000 combined single limit per accident.
b. Coverage shall apply to all owned, hired and non-owned autos.
c. Required Evidence of Coverage:
i. Certificate of Insurance.
4. Documentation
a. All required Evidence of Coverage shall be submitted prior to the execution of this
Agreement.
b. Required Evidence of Coverage shall be submitted for any renewal or replacement of a
policy that already exists at least ten (10) days before expiration or other termination of
the existing policy.
ATTACHMENT 1
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5. Policy Obligations
The parties’ indemnity and other obligations shall not be limited by the foregoing insurance
requirements.
6. Material Breach
If either party fails to maintain insurance coverage which is required pursuant to this
Agreement, it shall be deemed a material breach of this Agreement. The other party, at its
sole option, may terminate this Agreement and obtain damages from the party committing
said breach.
ATTACHMENT 1
ITEM NO. 6.E.
1
Meeting Date: August 25, 2015
Department: Development Services
Submitted By: Mary Grace Pawson, Acting Director of Development Services
Prepared By: Art da Rosa, Deputy City Engineer
Agenda Title: Authorize the City Manager to Execute the First Amendment to the Design
Professional Services Agreement Re: Public Outreach with Data Instincts for
Various Construction Projects within the City for $30,000
RECOMMENDED ACTION: Authorize the City Manager to Execute the First Amendment
to the Design Professional Services Agreement Re: Public Outreach with Data Instincts Various
Construction Projects within the City for $30,000.
BACKGROUND: On March 10, 2015, the City Council approved a resolution approving and
authorizing a $36,000 Design Professional Services Agreement with Data Instincts, Inc. for
Public Outreach Services to support the extensive construction taking place in the Snyder Lane
and Rohnert Park Expressway Corridors. At the time the contract was executed, staff anticipated
that public outreach work would be required, at a minimum, from April to September 2015.
Due to the heavy construction season that the City is engaged in, Data Instinct’s outreach
activities have supported the Rule 20A Utility Undergrounding on Snyder Lane, the Eastside
Trunk Sewer Phase 3 / Snyder Lane Widening Project, the Rohnert Park Expressway
Rehabilitation Project, and the University District’s offsite construction on Rohnert Park
Expressway. While the Rule 20A and Eastside Trunk Sewer Project are largely complete, work
will continue on the Snyder Lane Widening, Rohnert Park Expressway Rehabilitation and
University District offsite improvements through the end of the calendar year. Data Instinct’s
outreach activities, including regular email and website updates have been instrumental in
helping the public anticipate and plan for the disruption associated with construction. Their
activities have also been instrumental in supporting coordination with the school district
regarding construction activities. Staff recommends retaining their services through the balance
of the construction season.
ANALYSIS: The current contract is for $36,000. As of July 31, 2015, the contract remaining
balance was $5,372. The rate of expenditure is approximately $6,125 per month. The proposed
contract amendment amount will allow staff to fund outreach activities through the end of the
calendar year.
OPTIONS CONSIDERED: As an option, staff has considered doing outreach activities in-
house. Due to personnel movements, the City is currently advertising for multiple positions in
the Engineering Division. Doing outreach activities in-house will add to the tasks to the
remaining staff which we do not have the capacity to perform.
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
ITEM NO. 6.E.
2
ENVIRONMENTAL ANALYSIS: The proposed action is an approval of a public outreach
contract related to road work, and does not propose or approve any specific land use. As such,
this project is deemed to be exempt under CEQA’s General Rule as articulated in Guidelines
section 15061 (b) (3) in that it can be seen with certainty that there is no possibility that the
activity may have a significant effect on the environment. It is therefore categorically exempt
from the California Environmental Quality Act (“CEQA”).
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is $30,000. Because
the Eastside Trunk Sewer/Snyder Lane Widening Project (City CIP Project 2014-01) is the
largest and most disruptive project in the Snyder Lane/Rohnert Park Expressway Corridor, the
public outreach activities are funded from this project. The breakdown by funding source is
outlined below.
Road, 310-1401-400-9901, $22,000
Sewer, 540-1401-400-9901, $6,600
Community Center, 325-0000-400-8310, $1,200
Department Head Approval Date: 08-04-2015
City Manager Approval Date: 08-12-2015
City Attorney Approval Date: 08-11-2015
Finance Director Approval Date:
Attachments (list in packet assembly order):
Contract Amendment
m:\00_agendas - city council\08-25-2015\d01_datainstincts_1st_amend_attachment_contract_2015_8_25.docx
FIRST AMENDMENT TO
THE DESIGN PROFESSIONAL SERVICES AGREEMENT WITH
DATA INSTINCTS RE: PUBLIC INFORMATION AND OUTREACH SERVICES
This First Amendment to the Agreement between the City of Rohnert Park (“City”) and Data
Instincts, (“Design Professional”) for additional services (“First Amendment”) is entered into as
of the _________ day of ___________________________, 2015, (“Effective Date”), by and
between City and Design Professional.
RECITALS
A. City and Design Professional are parties to that certain Agreement entitled “Design
Professional Services Agreement Re: Public Information and Outreach Services” March 10,
2015, and authorized through Resolution No. 2015-45 approved by the City Council on
March 10, 2015, for the amount of $36,000.00.
B. City and Design Professional now desire to enter into this First Amendment to provide for
additional work as described below.
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby
amend the Agreement as follows:
1. Scope of Services. The scope of services shall remain the same as the original contract and
the schedule for providing services shall be extended from September 2015 through
December 2016.
2. Compensation. Design Professional shall perform the services described in this First
Amendment for a total not-to-exceed amount of $30,000.00
3. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall
remain in full force and effect.
4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts
which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first
written above.
CITY OF ROHNERT PARK:
By:________________________/_______
Darrin Jenkins, City Manager (Date)
Per Minute Order adopted by the Rohnert Park City Council
at its meeting of August 25, 2015
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
__________________________________
City Attorney
DESIGN PROFESSIONAL:
By:___________________________/_
Name:__________________________ (Date) Title:____________________________
ITEM NO. 7
Meeting Date: August 25, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Darrin Jenkins, City Manager
Agenda Title: Consideration of a Resolution Urging the State to Provide New
Sustainable Funding for State and Local Transportation
RECOMMENDED ACTION:
Adopt the attached resolution urging state to provide transportation funding.
BACKGROUND:
Governor Brown has called an extraordinary session of the Legislature to address the immense
underfunding of California’s transportation infrastructure. The League of California Cities asked
Rohnert Park to weigh in on the proposed funding. The attached resolution, if passed, would
indicate the City’s support for transportation funding.
Department Head Approval Date: N/A
City Manager Approval Date: August 10, 2015
City Attorney Approval Date: N/A
Attachments:
1. Resolution
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
2015-139
RESOLUTION NO. 2015-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE
AND LOCAL TRANSPORTATION INFRASTRUCTURE
WHEREAS, Governor Edmund G. Brown, Jr. has called an extraordinary session to
address the immense underfunding of California’s transportation infrastructure; and
WHEREAS, cities and counties own and operate more than 81 percent of streets and
roads in California, and from the moment we open our front door to drive to work, bike to
school, or walk to the bus station, people are dependent upon a safe, reliable local transportation
network; and
WHEREAS, the City of Rohnert Park has participated in efforts with the California State
Association of Counties, League of California Cities, and California’s Regional Transportation
Planning Agencies to study unmet funding needs for local roads and bridges, including sidewalks
and other essential components; and
WHEREAS, the resulting 2014 California Statewide Local Streets and Roads Needs
Assessment, which provides critical analysis and information on the local transportation
network’s condition and funding needs, indicates that the condition of the local transportation
network is deteriorating as predicted in the initial 2008 study; and
WHEREAS, the results show that California’s local streets and roads are on a path of
significant decline. On a scale of zero (failed) to 100 (excellent), the statewide average pavement
condition index (PCI) is 66, placing it in the “at risk” category where pavements will begin to
deteriorate much more rapidly and require rehabilitation or rebuilding rather than more cost-
effective preventative maintenance if funding is not increased; and
WHEREAS, the results show that the City of Rohnert Park’s local streets have an
average pavement index of 67, placing them in the “at risk” category; and
WHEREAS, if funding remains at the current levels, in 10 years, 25 percent of local
streets and roads in California will be in “failed” condition; and
WHEREAS, cities and counties need an additional $1.7 billion just to maintain a status
quo average pavement condition of 66, and much more revenue to operate the system with Best
Management Practices, which would reduce the total amount of funding needed for maintenance
in the future; and
2015-139
WHEREAS, models show that an additional $3 billion annual investment in the local
streets and roads system is expected to improve pavement conditions statewide from an average
“at risk” condition to an average “good” condition; and
WHEREAS, if additional funding isn’t secured now, it will cost taxpayers twice as much
to fix the local system in the future, as failure to act this year will increase unmet funding needs
for local transportation facilities by $11 billion in five years and $21 billion in ten years; and
WHEREAS, modernizing the local street and road system provides well-paying
construction jobs and boosts local economies; and
WHEREAS, the local street and road system is also critical for farm to market needs,
interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to
react quickly to emergency calls and a few minutes of delay can be a matter of life and death;
and
WHEREAS, maintaining and preserving the local street and road system in good
condition will reduce drive times and traffic congestion, improve bicycle safety, and make the
pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping
the State achieve its air quality and greenhouse gas emissions reductions goals; and
WHEREAS, restoring roads before they fail also reduces construction time which results
in less air pollution from heavy equipment and less water pollution from site run-off; and
WHEREAS, in addition to the local system, the state highway system needs an
additional $5.7 billion annually to address the state’s deferred maintenance; and
WHEREAS, in order to bring the local system back into a cost-effective condition, at
least $7.3 billion annually in new money going directly to cities and counties; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK strongly urges the Governor and Legislature to identity a
sufficient and stable funding source for local street and road and state highway maintenance and
rehabilitation to ensure the safe and efficient mobility of the traveling public and the economic
vitality of California.
2015-139
RESOLVED FURTHER, that the City of Rohnert Park strongly urges the Governor and
Legislature to adopt the following priorities for funding California’s streets and roads.
1. Ensure the investment in transportation infrastructure is new revenue
and does not affect City revenue. The City is not seeking transportation
funding at the expense of local discretionary funding or local control of
expenditures of existing revenue.
2. Make a significant investment in transportation infrastructure. Any
package should seek to raise at least $6 billion annually and should remain in
place for at least 10 years or until an alternative method of funding our
transportation system is agreed upon.
3. Focus on maintaining and rehabilitating the current system. Repairing
California’s streets and highways involves much more than fixing potholes. It
requires major road pavement overlays, fixing unsafe bridges, providing safe
access for bicyclists and pedestrians, replacing storm water culverts, as well as
operational improvements that necessitate the construction of auxiliary lanes
to relieve traffic congestion choke points and fixing design deficiencies that
have created unsafe merging and other traffic hazards. Efforts to supply
funding for transit in addition to funding for roads should also focus on fixing
the system first.
4. Equal split between state and local projects. We support sharing revenue
for roadway maintenance equally (50/50) between the state and cities and
counties, given the equally-pressing funding needs of both systems, as well as
the longstanding historical precedent for collecting transportation user fees
through a centralized system and sharing the revenues across the entire
network through direct subventions. Ensuring that funding to local
governments is provided directly, without intermediaries, will accelerate
project delivery and ensure maximum accountability.
5. Raise revenues across a broad range of options. Research by the California
Alliance for Jobs and Transportation California shows that voters strongly
support increased funding for transportation improvements. They are much
more open to a package that spreads potential tax or fee increases across a
broad range of options, including fuel taxes, license fees, and registration fees,
rather than just one source. Additionally, any package should move California
toward an all-users pay structure, in which everyone who benefits from the
2015-139
system contributes to maintaining it – from traditional gasoline-fueled
vehicles, to new hybrids or electric vehicles, to commercial vehicles.
6. Invest a portion of diesel tax and/or cap & trade revenue to high-priority
goods movement projects. While the focus of a transportation funding
package should be on maintaining and rehabilitating the existing system,
California has a critical need to upgrade the goods movement infrastructure
that is essential to our economic well-being. Establishing a framework to
make appropriate investments in major goods movement arteries can lay the
groundwork for greater investments in the future that will also improve air
quality and reduce greenhouse gas emissions.
7. Strong accountability requirements to protect the taxpayers’ investment.
Voters and taxpayers must be assured that all transportation revenues are
spent responsibly. Local governments are accustomed to employing
transparent processes for selecting road maintenance projects aided by
pavement management systems, as well as reporting on the expenditure of
transportation funds through the State Controller’s Local Streets and Roads
Annual Report.
8. Provide Consistent Annual Funding Levels. Under current statute, the
annual gas tax adjustment by the Board of Equalization is creating extreme
fluctuations in funding levels – a $900 million drop in this budget year alone.
A transportation funding package should contain legislation that will create
more consistent revenue projections and allow Caltrans and transportation
agencies the certainty they need for longer term planning.
DULY AND REGULARLY ADOPTED this 25th day of August, 2015.
CITY OF ROHERT PARK
_______________________________
Amy O. Ahanotu, Mayor
ATTEST:
____________________________
JoAnne M. Buergler, City Clerk
CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ITEM NO. 8
Meeting Date: August 25, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Darrin Jenkins, City Manager
Agenda Title: Consideration of a City of Rohnert Park Legislative Platform
RECOMMENDED ACTION:
Consider staff’s proposal to adopt a legislative platform to provide guidance regarding state
legislative matters and allow the City to weigh in on such matters in a timely fashion. Staff is
seeking council direction prior to finalizing the legislative platform.
ANAYSIS:
The California State Legislature considers thousands of bills each two-year legislative session.
Any number of these bills can affect cities—through changes in funding, employment law, water
regulation, etc. From time-to-time the League of California Cities asks its members to support or
oppose certain bills because they are so beneficial or so damaging to city interests. It may be
beneficial for the City Council to provide overall guidance that allows staff or the mayor to send
letters of support or opposition to the League and the legislature in certain instances.
Occasionally, the City is asked by council members of other cities, legislators from other
districts, the public (generally outside Rohnert Park), and others to take positions that do not
materially affect the scope and purpose of municipal government. These tend to be quality of
life or social issues such as “end-of-life” legislation or federal government matters like foreign
policy. Staff recommends that the City Council adopt a legislative platform that states it does not
take positions on matters outside the scope and purpose of municipal government and these items
generally will not be considered at City Council meetings.
The legislative platform would not preclude the mayor or two council members from placing an
item on the agenda for consideration. It would provide guidance to others about positions
typically taken by the City Council.
Department Head Approval Date: N/A
City Manager Approval Date: 8/18/15
City Attorney Approval Date: N/A
Attachments:
1. Draft Legislative Platform
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
(Attachment 1)
City of Rohnert Park
2015-16 Legislative Platform
September 2015
Page 1
The League of California Cities is the primary resource for the City with
respect to state legislative matters affecting municipal government. When
requested to do so by the League the City of Rohnert Park takes the
following positions and the Mayor, Vice-Mayor or City Manager may send
corresponding letters of opposition or support without further City Council
action.
Government Administration & Budget/Finance: Protect and secure local
authority and revenue sources.
1) Oppose any attempts to restrict local authority with respect to issues that
affect local communities.
2) Oppose attempts to decrease, restrict or eliminate city revenue sources.
3) Oppose any efforts at the state level to retain additional revenues currently
dedicated to local government for state purposes.
4) Support state budget plan that provides sustainable, reliable funding for
priority local government programs.
5) Support increases in transportation funding for local street and road
improvements.
Quality of Life, Social Issues, and Political Statements: The City of Rohnert
Park generally will not consider taking local positions on matters not affecting the
primary scope and purpose of municipal government – for example social issues
or foreign policy.
ITEM NO. 9
1
Meeting Date: August 25, 2015
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Terrie Zwillinger, Project Coordinator
Agenda Title: Consideration of Draft Bond Project List for Use of Former Community
Development Commission Tax Allocation Bonds
RECOMMENDED ACTION:
Staff recommends that the City Council approve the Draft Bond Projects List for use of former
Community Development Commission (CDC) 2007RTax Allocation Bonds (“bonds”), subject to
review and approval by bond counsel, the Successor Agency Oversight Board and the State
Department of Finance.
BACKGROUND:
On February 11, 2014, the City Council approved the use of $5.7 million in bond proceeds for
multiple facility improvement projects within the former Redevelopment Area (RDA). On April
9, 2014, the project list was approved by the Oversight Board (OSB) and later approved by the
State Department of Finance (DOF). Several of these original former CDC bond projects have
since been implemented.
On February 10, 2015 City Council approved the use additional $627,546 in uncommitted bond
proceeds from the 1999 Tax Allocation Bonds (TABS) that will be used as contingency funds for
projects that have already been approved.. The total amount of bond proceeds currently
allocated to the bond project list is approximately $6.3 million.
Pending OSB and DOF approval, an additional $10,055,725 in bond funds are available for
projects in the former RDA. On May 22, 2007, the former Community Development
Commission entered into a reimbursement agreement (as amended on August 26, 2008) with the
City whereby the former Commission would fund 88% of the project cost of the Eastside Sewer
Main Phase 1 Improvement Project, which is the portion of the project that lies within the RDA
project area, in advance of the City receiving the money through public facilities finance fees
recorded in the Public Facility Finance Fee Special Revenue Fund. The former Commission
funded this project from the 2007R Tax Allocation Bond proceeds. The advance was transferred
from the former Commission to the Successor Agency on February 1, 2012, when all
redevelopment agencies in California ceased to exist. The current balance is $10,055,725.
In planning the fiscal year 15-16 budget, it was anticipated that there would be sufficient funds
available in the Public Facility Finance Fee fund to repay $500,000 of the funds advanced for the
sewer project to the Successor Agency. As these funds are repaid, they retain their identity of
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
ITEM NO. 9
2
bond proceeds and are therefore available to be used for the same purpose as when issued, which
is for capital projects within the former redevelopment area.
ANALYSIS:
Staff had previously identified several high-priority facility projects that currently have no
funding source. These projects have been characterized as unfunded liabilities. The bond
proceeds could be used to pay for these identified unfunded liabilities that are located within the
former Redevelopment Area project area. Examples include but are not limited to the
Performing Arts Center HVAC Replacement (Phase II), Senior Center parking lot overlay, and
Sports Center exterior coating. These potential projects would be consistent with the original
bond covenants as well as address known unfunded liabilities.
Utilizing the Bond Proceeds for Capital Improvements
The objectives of using the bond money to restore City infrastructure are to: 1) avoid significant
general fund maintenance costs, 2) reduce operating expenses, 3) relieve maintenance workload
on staff, and 4) avoid further structural deterioration.
The unfunded City facility needs mentioned above are a sample of several capital needs
throughout the City. The deferred facility capital improvement needs also represent a significant
growing operating and maintenance expense to the General Fund and have become a drain on
City resources in order to keep these facilities in operation. As these facilities age, maintenance
costs continue to increase. Staff’s time in repairing these facilities just to keep them in operation
and open to the public has steadily increased. Currently, an excessive amount of time and money
is spent on these facilities in performing emergency or temporary repairs. This reactive approach
to facility maintenance is not the best use of City resources.
On January 27, 2015 the City Council received an update on the City-wide Capital Improvement
Program – Building. This update identified approximately $1.8 million in annual capital needs
in City buildings and criteria for prioritizing building projects when funding became available.
In March 2015, staff developed a Facility Maintenance and Replacement Financial Model that
details major City building capital needs in each City building. The 2015-16 Operating Budget
includes $716,000 in the new Infrastructure Replacement Fund to begin to address the City’s
building capital needs.
With a possible $10,055,725 in bond funding available, staff has developed a draft Bond Projects
List with the objective of prioritizing facility capital improvements designed to eliminate
unfunded liabilities and/or reduce net operating expenses. Previously identified building project
needs that were identified in the Facility Maintenance and Replacement Financial Model and are
located within the former RDA project area are included in the proposed Bond Project list.
Additionally, staff added projects in various City buildings that have been recently identified as a
critical need.
Criteria for Setting Priorities
As bond funds become available, staff is proposing to use the prioritization criteria previously
reviewed with the City Council to implement the projects on the proposed Bond Project List.
The prioritization criteria first segregate projects that are deemed urgent. These are projects that
need to be completed as soon as possible to avoid a major component or facility failure. Non-
urgent projects would be prioritized through a weighted system that considers the following
criteria:
1. Safety, Legal, or Regulatory Requirements: This represents the need to mitigate risks to
the public and staff, and the need to comply with legal mandates.
ITEM NO. 9
3
2. Extent of Staff Use: This reflects how important the facility is to delivering services,
including the extent of public use.
3. Extent of Public Use and Access: This reflects the need to provide staff with quality work
space.
4. Financial leverage (availability of outside funding): This reflects the ability to leverage
other funding sources to cover the costs, thus saving General Funds. Sources could
include grants, lease revenue, and fees. Projects would be rated based on the extent of
outside cost recovery. Example: If all costs are recovered from outside sources, then the
project receives all points in this category.
5. Timing needs (i.e., urgency): This reflects the timing of the need to address the project,
and thus the ability to save money later by spending it sooner.
6. Aesthetics and/or green building: This reflects a ‘bonus’ to reflect the values of the ‘look’
of the facility and from demonstrating green building or similar practices.
Proposed Bond Funded Projects
The proposed bond funded projects would be implemented as bond funds become available.
Since the timing of funds through this mechanism is uncertain and may take up to several years
to become available, staff is proposing to list the projects into two categories. The first category
would be “High Priority Projects” that should be completed as soon as possible. The other
proposed projects would be listed as “Priority Projects” and would be prioritized through the
criteria listed above as funding becomes available. The prioritized project list would be
presented to Council for consideration prior to finalizing the list.
High Priority Projects
• ADA path of travel rehabilitation in parks
• Animal Shelter exterior coating/siding
• Animal Shelter HVAC replacement
• Community Center exterior coating
• Community Center HVAC replacement
• Community Center MU floor replacement
• Ladybug Park roof replacement
• PAC exterior coating
• PAC HVAC replacement (5 units)
• Public Safety Main mini-split AC replacement
• Replacement of stadium lighting in parks
• Senior Center exterior coating/siding
• Senior Center HVAC replacement
• Senior Center parking lot overlay
• Sports Center exterior coating
• Street paving rehabilitation in project area
ITEM NO. 9
4
Priority Projects – Would be prioritized as funds become available.
• Park field/irrigation renovation
• Park picnic area renovation
• Community Center courtyard renovation
• Public Safety Main interior coating
• Public Safety Main floor replacement
• Sports Center weight room equipment/floor
• Sports Center Activity Room equipment/floor
• Sports Center new HVAC system
• ADA Compliance (transition study, sidewalk repair)
• Skate feature in project area
Using the bond proceeds for needed capital improvements that are consistent with the bond
covenants and the capital outlay funds as recommended would restore the City’s valuable
community assets and relieve the General Fund of several million dollars in pending expenses.
Approving the proposed Bond Project List provides the following advantages:
1. Relieves the General Fund of several million dollars in pending expenses,
2. Provides a unique opportunity to restore aging facilities,
3. Provides an immediate benefit to the community,
4. Reduces maintenance costs,
5. Utilizes City staff time more efficiently, and
6. Frees up previously committed capital outlay funds to help meet additional
critical facility capital needs.
NEXT STEPS
The 2007R Tax Allocation Bonds can only be used for projects in the redevelopment project
area. Any expenditure of excess bond proceeds as allowed by the Redevelopment Dissolution
Act will require prior approval of the Successor Agency’s Oversight Board and be subject to
review by the Department of Finance.
Upon City Council direction, staff would: 1) work with the City Attorney and Bond Counsel to
prepare appropriate documents for review and approval, as applicable by the City Council,
Successor Agency Board, Oversight Board and Department of Finance to allow expenditure of
bond proceeds for projects on the approved Bond Projects List and 2) add and appropriate capital
outlay funds into the City’s Capital Improvement Program and commence planning phase of
each project.
Department Head Approval Date: August 10, 2015
City Manager Approval Date: August 18, 2015
City Attorney Approval Date: N/A
Attachments:
1. Redevelopment Area Map
E C O T A T I A V E
ROHNERT PARK EXPY
SNYDER LN
GO L F C O U R SE D R
W SIERRA AVE
HOLLY AVE
E RAILRO AD AVE
CAM INO CO LEGIO
FAIRWAY DR
MILLBRAE AVE
ARLEN DR
SANTA ALICIA DR
ENTERPRISE DR
BUSINESS PARK DR
GRANDVIEW
WAY
116
101
101
REDEVELOPMENT PROJECT AREA
0 1 20.5 Miles
Created June 2006, by Mike Hargreaves, Information Technology, City of Santa Rosa
ITEM NO. 10
Meeting Date: August 25, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Darrin Jenkins, City Manager
Agenda Title: Consideration of a City of Rohnert Park Grant Support Policy
RECOMMENDED ACTION:
Consider staff’s proposal to adopt a policy regarding grant support. Staff is seeking council
discussion and direction.
BACKGROUND:
From time-to-time non-profit community groups, businesses, and other governmental agencies
(for example Sonoma County Water Agency) apply for grants and seek letters of support from
the City of Rohnert Park. Invariably, the requests for support letters come with very short notice,
providing insufficient time to bring forward a City Council item for consideration. In an effort to
assist our non-profit community groups, businesses and other local government agencies bring
funds into our community, staff would like the Mayor, Vice-mayor, or City Manager to be
allowed to send letters of support in a timely manner.
Department Head Approval Date: N/A
City Manager Approval Date: 8/18/15
City Attorney Approval Date: N/A
Attachments:
1. Draft Grant Support Policy
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
(ATTACHMENT 1)
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
GRANT SUPPORT POLICY
POLICY NO. EFF. DATE PAGE 1 OF 1
APPROVED BY MINUTES
RESOLUTION NO.
ORDINANCE NO.
PURPOSE
The City of Rohnert Park encourages non-profit community groups, businesses, and other local
governments to seek funding opportunities through state, federal, and other grant programs.
Funds brought into our community benefit the people of our community.
POLICY
The Mayor, Vice-mayor, and City Manager are hereby authorized to send letters of support on
behalf of the City Council as part of grant applications when the grants meet all the following
criteria:
1) The grant would fund services, programs, projects, or equipment benefiting the people of
Rohnert Park and that are consistent with existing City services and/or policies
established by the City Council.
2) The grant does not require additional City resources to provide the service, program,
project, or equipment.
3) The City Manager or his/her designee reviewed the grant materials to confirm
consistency with this policy.
Draft Bond Project List
Presenters: John McArthur
Terrie Zwillinger
Overview
•Discuss additional available 2007R
TABs Proceeds
•Update of existing 2007R Bond
projects
•Discuss Draft Bond Project list
•Next Steps
Additional Bond Proceeds
•$10,055,725 2007R Bond Proceeds available
•Former CDC 2007 reimbursement agreement with
City whereby:
•In advance of receiving Public Facility Finance Fees -
Former CDC funded (88%) Phase 1 of the East Side
Trunk Sewer Project
•Advance transferred from Former CDC to the
Successor Agency-February 2012
•Anticipate $500,000 of Public Facility Finance Fee
Funds to repay portion of former CDC advance
Status of Existing Bond Projects
•Benicia Pool Renovation Project (Including Restroom):
IN CONSTRUCTION
•Sports Center Locker Room Renovation:
CONSTRUCTION TO BEGIN OCTOBER
•Public Safety Main HVAC Replacement:
CONSTRUCTION TO BEGIN OCTOBER
•Library Parking Lot Paving and Landscaping:
CONSTRUCTION FALL 2015
•Community Center Parking Lot Overlay:
CONSTRUCTION 2016
Status of Existing Bond Projects
•Park Restroom Renovation: 2016
•PAC HVAC Replacement (4 units): 2 Units 2015; 2 Units 2016
•Community Center Roof Replacement: 2016
•PAC Roof Replacement: 2016
•Senior Center Restroom Renovation: TBD
Redevelopment Project Area
Draft Bond Project List – High Priority
•HVAC Replacement
•Animal Shelter
•Community Center
•PAC (5 units)
•Public Safety Main mini-split AC
•Senior Center
•Paving/Sidewalks
•Street Paving in Project Area
•ADA path of travel rehabilitation in parks
•Senior Center parking lot
Draft Bond Project List (High Priority)
•Siding/Exterior Paint
•Animal Shelter
•Community Center
•PAC
•Senior Center
•Sports Center
•Roof Replacement
•Ladybug Recreation Building
•Other
•Replacement of stadium lighting in parks
•Community Center MU floor replacement
Draft Bond Project List (Funded as Proceeds Are Available)
•Park field/irrigation renovation
•Picnic area renovation
•Community Center courtyard renovation
•Public Safety Main interior coating
•Public Safety Main floor replacement
Draft Bond Project List (Funded as Proceeds Are Available)
•Sports Center weight room equipment/floor
•Sports Center activity room equipment/floor
•Sports Center new HVAC system
•Skate feature in project area
•ADA Compliance (Transition Study, sidewalk
repair)
Project Implementation
•Projects to be implemented as bond proceeds
become available
•Timing of proceeds is uncertain – may take up to
several years
•High priority projects completed as soon as
possible
Next Steps
•September 22, City Council consider Bond
Agreement
•September 24, Bond Agreement to Oversight
Board consider draft bond project list
•State (DOF) approval
•Once proceeds are available, add and
appropriate capital outlay funds into City’s CIP
ITEM NO. 11
OAK #4848-2466-8711 v1 1
Meeting Date: August 25, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Bryce Atkins, Senior Analyst
Agenda Title: Designation of Use of Proceeds from Stadium Lands Property Sale.
RECOMMENDED ACTION:
Council designate use of the sales proceeds from the sale of Stadium Lands property located at
5870 Labath (the “Property”).
BACKGROUND:
On August 11, 2015, Council adopted Resolution No. 2015-134, approving the sale of
approximately 12.25 acres of the City’s Stadium Lands for commercial use. The net proceeds of
the sale, as reported in the staff report introducing the resolution, is estimated at $6.2 million.
The agenda item also requested Council to designate the use of the sale proceeds. As the full
Council was not available at the meeting, direction was provided for staff to bring the item back
to the next regular Council meeting. During that meeting, the Council also asked staff and the
City Attorney to address any issues with regard to restrictions associated with the City’s use of
the proceeds from the Property sale.
DISPOSITION OF FUNDS:
Regarding the history of the acquisition of the Property, the Property was purchased using sewer
revenue bonds for planned expansion of the City’s sewer treatment plant. For financial reporting
purposes, the Property is not reported by the City as a sewer enterprise fund asset. Although the
purchase was made for future sewer infrastructure, the vast majority of the utility infrastructure
at the time of the purchase was funded through general property tax assessments.
Additionally, while the Property was originally anticipated for use as a sewer treatment plant, it
was not used for sewer purposes. The Property was maintained by the City’s General Fund, and
the City’s Community Development Commission paid for the improvements to the land. The
Property has been regarded as general City property for the past 35 years. Based upon the City’s
consistent characterization of the Property as a general fund asset, there is no legal requirement
that the proceeds of the sale be distributed to the sewer enterprise fund. Rather, all the proceeds
may be deposited into the City’s general fund.
Although no legal requirement mandates transfer of funds into the sewer enterprise fund, the
Council may want to consider paying back into that fund the principal and interest of the bonds
in consideration of the prior use of sewer revenue bonds to acquire the Property. Based on the
information about the bonds, the amount of the principal and interest totals $184,557.95.
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
ITEM NO. 11
OAK #4848-2466-8711 v1 2
Regardless of whether the Council chooses to deposit a portion of the sale proceeds into the
sewer enterprise fund, a portion of the sale proceeds must be used to repay a loan from the
former Community Development Commission for costs to improve the land. Following
repayment of the CDC loan to the Successor Agency, the remaining proceeds can be designated
however the Council desires. For example, proceeds could be used to fund capital projects or to
address deferred maintenance on City facilities. In addition, the proceeds could be used to pay
down long-term, unfunded liabilities or other Council directed purpose. These proceeds are a
one-time revenue source, and it is a best practice to use one-time revenues for one-time
expenditures.
OPTIONS FOR DESIGNATION AND USE OF FUNDS:
The Council has several options regarding the use of funds from sale, including:
1. Wait until the sale closes and determine the best use at that time
2. Use the proceeds to fund the City’s Capital projects including infrastructure and to
address deferred maintenance on City facilities
3. Use the proceeds to pay down long-term, unfunded liabilities. This would include
addressing portions of the retiree medical, employee retirement pension, and/or other
unfunded liabilities of the City, estimated at $76 million
4. Use the proceeds for another Council-designated purpose
Under any of the options above, the City Council may transfer some of the proceeds into the
sewer enterprise fund to pay the principal and interest of the bonds ($184,557.95) used to
purchase the Property. However, the Council is not legally obligated to do so.
ENVIRONMENTAL ANALYSIS:
Section 15061(b)(3) of the CEQA Guidelines exempts from CEQA review activities that do not
have the potential to cause significant effects on the environment. The designation regarding use
of revenue is exempt from CEQA under Section 15061(b)(3) because there is no possibility that
the designation will have an effect on the environment.
FISCAL IMPACT/FUNDING SOURCE:
The fiscal impact will consist of the net revenue, estimated to be approximately $6,215,000, to
be used in a manner as determined by Council.
Department Head Approval Date: N/A
City Manager Approval Date: 8/20/2015
City Attorney Approval Date: 8/19/2015
Attachments (list in packet assembly order):
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suppiemem *Q iar
City Council Meeting:
�ti 5 +R), l],
Water /Wastewater Issues
Subcommittee
aUguSC 2015
19
?,L7,KN E RT PAS
�ALIFORN1i
62
Drought Reporting Update
June
o 653 R -GPCD
o 16.0% reduction from 2013 baseline
• July
o 58.3 R -GPCD
o 37.7% reduction from 2013 basline
• Measures in effect
• Outreach and give aways
• Toilet and Washing Machine Rebate
• 3 -day per watering schedule
NewWater Conservation Measures
Available
• WaterSmart Survey —new City program
• "Save our Water Rebates" —new DWR
program
• Sheet Mulching Program — Agency, Daily
Acts and Sonoma CountyYouth Ecology
Corps
North Coast Resource Partnership
Grant
• $60,000 available to Rohnert Park
300 Toilet Rebates
40OWashing Machine Rebates
100 Water Site Assessments
40,000 square feet of water efficient
landscape replacement
North Coast Resource Partnership
Grant
Toilet Rebates $22,500 $7,500 $30,000
Washing Machine Rebates $15,000
Water Smart Surveys $79500
i Landscape Rebates $15,000
$5,000
$2,500
$5,000
$20,000
$10,000
$20,000
Totals $609000 $20,000 $809000
a
Step 1: Eligible local
agencies form
Groundwater
Sustainability
Agencies
Ste p 2:
Groundwater
Sustainability
Agencies in high or
medium priority
basins adopt
Groundwater
Sustainability Plans
0
Step 3: Local
agencies have 20
years to fully
implement the Plans
Groundwater SustainabilityAct
• Santa
Rosa Plain,
Petaluma
and Sonoma
Valley
Basins are
"medium
priorities"
• Stakeholder Interviews in these basins
emphasized the need for"local control"
• GSA eligible agency staff are meeting to
develop shared principles and work -plan
recommendations to bring to decision
makers
Eligible Local Agencies
Cotati
Rohnert Park
Santa Rosa
Sebastopol
Windsor
County of Sonoma
Sonoma County Water Agency
Sonoma
North Bay Water District
Valley of the Moon Water District
County of Sonoma
Sonoma County Water Agency
Petaluma
North Bay Water District
County of Sonoma
Sonoma County Water Agency