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2015/12/22 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, December 22, 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 December 22, 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 (Ahanotu __ Callinan__ Stafford __ Mackenzie __ Belforte __) 2. PLEDGE OF ALLEGIANCE 3. 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. 4. 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/RPFA/Successor Agency Joint Regular Meeting, December 8, 2015 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated December 22, 2015 C. City Council Resolutions for Adoption: 1. 2015-190 Approving a Job Description and Salary Range for Senior Payroll/Fiscal Specialist in the Finance Department; Adding a 1.0 FTE Senior Payroll/Fiscal Specialist and Deleting a 1.0 FTE Payroll/Fiscal Specialist 2. 2015-191 Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges Revised December 8, 2015 3. 2015-192 Authorizing the City Manager to Execute Task Order 2015-03 with W-Trans for Traffic Signal System Needs Study, and Adopt a Budget Amendment to Fund the Traffic Signal System Needs Study D. Approve a Master Maintenance Agreement with Antheia LP for the Fiori Estates Development and Authorizing the City Manager to Sign Council Motion/Vote City of Rohnert Park Joint Regular Meeting Agenda December 22, 2015 for City Council/RPFA/CDC Successor Agency Page 3 of 5 5. PUBLIC HEARING: (NO EARLIER THAN 5PM) UNIVERSITY DISTRICT SPECIFIC PLAN PROJECT Consideration of a first amendment to the Development Agreement between the City of Rohnert Park and University District LLC and Vast Oak Properties L.P. regarding the Affordable Housing Plan in connection with development of the property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131-019, and 047-131-024 and -025) and the property located south of Rohnert Park Expressway, east of J Section, and north of Copeland Creek (APN 047-131-026 and 047-131-027) A. Staff Report B. Public Comment C. Ordinance for Introduction: 1. An Ordinance of the City of Rohnert Park Approving a First Amendment to the Development Agreement between the City of Rohnert Park and Vast Oak Properties L.P. and University District LLC, regarding the Affordable Housing Plan, in connection with the development of the property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131-019, and 047- 131-024 and -025) and the property located south of Rohnert Park Expressway, east of J Section, and north of Copeland Creek (APN 047-131- 026 and 047-131-027) a. Council motion/discussion/roll call vote (Ahanotu __ Callinan___ Stafford__ Mackenzie__ Belforte __) 6. Consider Approving Final Maps for Vast Oaks Phase 1 Development (University District Specific Plan Area) and Taking Various Related Actions A. Staff Report B. Public Comment C. Resolutions for Adoption: 1. 2015-193 Authorizing the City Manager to Accept Grant Deeds Conveying 53 Acres for a Water Tank Site from University District LLC and Right-of-Way for Keiser Avenue from Vast Oak Properties LP and To Take Other Actions Necessary to Close Escrow 2. 2015-194 Approving a Vast Oak Final Map Phase 1-A, Vast Oak Final Map Phase 1-B,Vast Oak Final Map Phase 1-C, and Vast Oak Final Map Phase 1-D, and Accepting Offers of Dedication for Right-of-Way, Public Parks, Public Utility Easements, Public Access Easements, Drainage Easements and Public Storm Drain and Sewer Easements a. Council motion/discussion/vote City of Rohnert Park Joint Regular Meeting Agenda December 22, 2015 for City Council/RPFA/CDC Successor Agency Page 4 of 5 7. 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. 8. 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. 9. 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. 10. 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. 11. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda December 22, 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 December 22, 2015, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on December 17, 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 17th day of December, 2015, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, December 8, 2015 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Ahanotu called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on December 3, 2015. Present: Amy O. Ahanotu, Mayor Gina Belforte, Vice Mayor Jake Mackenzie, Councilmember Joseph T. Callinan, Councilmember Pam Stafford, Councilmember Absent: None Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Assistant City Attorney Barnhill, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze, Development Services Director Pawson, Director of Human Resources Perrault, Director of Public Works and Community Services McArthur, Director of Public Safety Masterson, Administrative Assistant Saldanha, Executive Assistant to the City Manager Adams, and Commander Taylor. 2. PLEDGE OF ALLEGIANCE Led by Vice Mayor Belforte. 3. PRESENTATIONS A. Mayor’s Certificate of Recognition: Honoring Sonoma State University’s Phi Delta Theta Fraternity for Adopting Magnolia Park Mayor Ahanotu read and presented the certificate to Frank Dittrich, Phi Delta Theta’s Community Service Chair City of Rohnert Park Joint Regular Meeting Minutes December 8, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 4 4. PUBLIC COMMENTS Rohnert Park Library Commissioner Barbara Mackenzie provided an update on library system and her work as Rohnert Park’s representative. 5. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, November 24, 2015 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated December 8, 2015 2. Successor Agency to the CDC Bills/Demands for Payment dated December 8, 2015 C. City Council Resolutions for Adoption: 1. 2015-186 Accepting the Development Impact Fee Report for Fiscal Year July 1, 2014 through June 30, 2015 2. 2015-187 Approving and Adopting the Specifications for the Honeybee Pool Heater and Filter Installation Project No. 2015-24 and Awarding the Contract to Gregory Equipment, Inc., and Finding the Project Exempt from CEQA 3. 2015-188 Supporting a Grant Application from the Child Parent Institute to Initiate the Raising Successful Kids Program in the Cotati-Rohnert Park Unified School District 4. 2015-189 Endorsing and Prioritizing the City of Rohnert Park ADA Transition Plan and Implementation Project and the Laguna Bike and Pedestrian Bridge Approach ADA Barrier Removal for FY 2016-2017 Community Development Block Grant Funding Application D. Ordinances for Adoption: 1. No. 893 An Ordinance of the City of Council of the City of Rohnert Park, California, Acting in its Capacity as the Legislative Body of the City of Rohnert Park Community Facilities District No, 2015-01 (Southeast Specific Plan – Services) Authorizing the Levy of a Special Tax within said Community Facilities District E. Authorize the City of Rohnert Park to join the Rotary Club of Rohnert Park-Cotati as a Corporate Member (PULLED by Stafford) ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar. Motion carried by the following unanimous 5-0 roll call vote: AYES: Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: None. E. Authorize the City of Rohnert Park to join the Rotary Club of Rohnert Park-Cotati as a Corporate Member ACTION: Moved/seconded (Belforte/Mackenzie) Authorizing the City of Rohnert Park to join the Rotary Club of Rohnert Park-Cotati as a Corporate Member. City of Rohnert Park Joint Regular Meeting Minutes December 8, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 4 Motion carried by the following unanimous 5-0 roll call vote: AYES: Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: None. 6. MATTERS FROM/FOR COUNCIL A. Discuss Meeting Schedule for the Week of December 21, 2015 ACTION: Moved/seconded (Belforte/Mackenzie) to temporarily amend the City Council Protocols, Section VI.A Public Hearings to allow for a December 22, 2015, public hearing to start at 5:00 pm or as soon thereafter as City Council Agenda permits. Motion carried by the following unanimous 5-0 vote: AYES: Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT: None. 7. CEREMONY FOR INSTALLATION OF OFFICERS FOR THE YEAR 2016 A. Reflection 2015 1. Year’s Highlights (slide show) Video presentation. 2. Mayor’s Comments Mayor Ahanotu commented on 2015. 3. Council Members’ Comments Councilmembers Callinan, Stafford, Mackenzie, and Vice Mayor Belforte commented on 2015. B. Presentation to Mayor Amy O. Ahanotu for 2015 Year as Mayor Vice Mayor Belforte presented Mayor Ahanotu with memento of the past year and thanked him for his service. C. Installation and Confirmation of Mayor Belforte and Vice Mayor Mackenzie for 2016 Outgoing Mayor Ahanotu presented the gavel to incoming Mayor Belforte. Mayor Belforte assumed the gavel and seated the City Council. D. Vision 2016 2. Councilmembers’ Comments Councilmembers Ahanotu, Callinan, Stafford, and Vice Mayor Mackenzie expressed their vision for 2016. 1. Mayor’s Comments Mayor Belforte expressed her vision for 2016. City of Rohnert Park Joint Regular Meeting Minutes December 8, 2015 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 4 8. ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 6:49 pm. Refreshments followed the regular meeting. _____________________________________ __________________________________ JoAnne M. Buergler, City Clerk Gina Belforte, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 4C1 1 Meeting Date: December 22, 2015 Department: Finance Submitted By: Betsy Howze, Finance Director Prepared By: Betsy Howze, Finance Director Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving a Job Description and Salary Range for Senior Payroll/Fiscal Specialist in the Finance Department; adding a Senior Payroll/Fiscal Specialist and deleting a Payroll/Fiscal Specialist RECOMMENDED ACTION: Approve the attached resolution authorizing and approving a job description and salary range for Senior Payroll/Fiscal Specialist in the Finance Department; adding a Senior Payroll/Fiscal Specialist and deleting a Payroll/Fiscal Specialist. BACKGROUND: In October 2015, staff evaluated the organizational structure of the Finance Department and determined that the authority and level of responsibility assigned to certain positions were no longer reflective of current duties. As certain higher level functions had been assumed by the Finance Director and Supervising Accountant, staff requested that the Utility Billing and Revenue Manager position be replaced by a lower level Accounting Services Supervisor position that would have more emphasis on revenue collection/analysis and higher level operation processes. This downgrade approved by Council on October 27, 2015 created an estimated annual cost savings of $6,445, plus additional savings of $8,865 due to the elimination of longevity pay, for a total of $15,310. Staff proposes to utilize these savings to fund the net cost to add a Senior Payroll/Fiscal Specialist. ANALYSIS: While the Accounting Services Supervisor has overall responsibility for operations and revenue analysis, staff would like to add a Senior Payroll/Fiscal Specialist to provide indirect or direct supervision of the Accounting Specialists. Based on the current structure, the Accounting Services Supervisor position supervises 6 direct reports. Having this number of direct reports reduces the ability of that position to manage at a higher level. The proposed structure will have the Senior Payroll/Fiscal Specialist supervise the 2 staff that provide the customer service at the front counter. This change would relieve the Accounting Supervisor of lower level operations that can be handled by a Senior Payroll/Fiscal Specialist with general direction provided by the Accounting Services Supervisor. In addition, this change creates a path for succession planning and development of City staff. 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. 4C1 2 In order to maintain internal equity, staff recommends placement of the Senior Payroll/Fiscal Specialist in the Confidential unit in existing range 78-CF: Position Title Monthly Salary Range Unit Range Senior Payroll/Fiscal Specialist $4,552 - $5,534 Confidential 78-CF For comparison, the proposed salary range for the Senor Payroll/Fiscal position is approximately 5% higher than the salary range for Payroll Fiscal Specialist position, and 24% lower than the Accounting Services Supervisor position: Position Title Monthly Salary Range Unit Range Payroll/Fiscal Specialist $4,336 - $5,271 Confidential 76-CF Accounting Services Supervisor $5,790 - $7,037 Confidential 88-CF The Senior Payroll/Fiscal Specialist would be assigned to a current Payroll/Fiscal Specialist through an internal recruitment and does not change existing staffing levels. The Senior Payroll/Fiscal Specialist would report to and receive direction from the Accounting Services Supervisor. OPTIONS CONSIDERED: Option 1: The City would convert an existing Payroll/Fiscal Specialist to a Senior Payroll/Fiscal Specialist to handle lower level operations to free up the Accounting Services Supervisor to concentrate on revenue collection/analysis and higher level operations. Recommended. Due to the current organizational structure and long-term needs of the department, this option is recommended. Option 2: The City would continue operating with the current structure. The Accounting Services Supervisor would continue to handle the lower level day-to-day operation. Not recommended. The Accounting Services Supervisor may not have sufficient time to work on higher level analysis and operations. This option is not recommended. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this change compared at the top step of both positions with fully loaded benefits is an increase of approximately $4,255.00/year. Of this amount approximately $1,064 or 25% will be paid for by the General Fund and $3,191 or 75% will be funded by the Water, Sewer, and Recycled Water Funds. The $15,310 savings realized with the downgrade of the Accounting Services Supervisor position is more than sufficient to cover the increased cost on a budgetary basis. Add Senior Fiscal/Payroll Specialist (salary and benefits) $95,079 Delete Fiscal/Payroll Specialist (salary and benefits) 90,824 Increase $ 4,255 Less Available Savings 15,310 Net Savings $11,055 ITEM NO. 4C1 3 Staff recommends that the Council approve a change in the allocation in the FY 2015-16 Budget from the position of Payroll/Fiscal Specialist to Senior Payroll/Fiscal Specialist; add a Senior Payroll/Fiscal Specialist and delete a Payroll/Fiscal Specialist. Department Head Approval Date: 12/11/15 City Manager Approval Date: 12/11/15 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Resolution. 2. Job Description for Senior Payroll/Fiscal Specialist. RESOLUTION NO. 2015-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A JOB DESCRIPTION AND SALARY RANGE FOR SENIOR PAYROLL/FISCAL SPECIALIST IN THE FINANCE DEPARTMENT; ADDING A 1.0 FTE SENIOR PAYROLL/FISCAL SPECIALIST AND DELETING A 1.0 FTE PAYROLL/FISCAL SPECALIST WHEREAS, the Finance Department has an Accounting Services Supervisor position with overall responsibility for operations and revenue analysis; and WHEREAS, staff has analyzed staffing needs, options and costs and recommends creation of a new position of Senior Payroll/Fiscal Specialist to provide indirect or direct supervision of the Accounting Specialists in order to relieve the Accounting Services Supervisor of lower level operations and create a path for succession planning and development of City staff; and WHEREAS, staff has created a job description for this position that meets the needs of the City, and WHEREAS, in order to maintain internal equity, staff recommends placement of the Senior Payroll/Fiscal Specialist in the Confidential unit in existing range 78-CF. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the new position of Senior Payroll/Fiscal Specialist with a job description as provided for in Exhibit A, which is attached hereto and incorporated by this reference; BE IT FURTHER RESOLVED that the Senior Payroll/Fiscal Specialist position is established at the salary range listed above; and BE IT FURTHER RESOLVED that the position allocated in the FY 2015-16 budget is changed from a 1.0 FTE Payroll/Fiscal Specialist to 1.0 FTE Senior Payroll/Fiscal Specialist. DULY AND REGULARLY ADOPTED this 22nd day of December, 2015. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT “A” City of Rohnert Park SENIOR PAYROLL/FISCAL SPECIALIST $4,552 - $5,534 monthly (Existing Confidential Salary Range 78-CF) DEFINITION Performs accounting and statistical record keeping assignments related to the preparation and maintenance of fiscal reports, records, and processing of the City’s payroll; performs a variety of accounting activities related to the City’s fringe benefit and retirement programs; performs confidential employee relations-related research as required; performs advanced accounting functions related to utility billing and reporting; may supervise assigned staff; performs other duties as assigned. DISTINGUISHING CHARACTERISTICS The Senior Payroll/Fiscal Specialist is a lead classification in the Finance Department that may provide direct or indirect supervision of assigned staff and is responsible for performing detailed account and statistical record keeping assignments related to the processing of the City’s payroll, fringe benefit programs and employee relations related projects, as well as advanced accounting functions related to utility billing and reporting. Reviews and is responsible for the work of assigned staff. This class is distinguished from the Accounting Services Supervisor in that the latter has overall responsibility for the utility billing and revenue operations, and other areas as assigned. SUPERVISION RECEIVED/EXERCISED This class receives general supervision from the Accounting Services Supervisor and may provide direct and indirect supervision of Accounting Specialists. The Senior Payroll/Fiscal Specialist is expected to work with a great deal of independence in performing functions related to payroll and fringe benefits, utility and other billings, cash receipts, as well as meeting the operational needs of the Finance Department. ESSENTIAL JOB DUTIES These duties are a representative sample; position assignments may vary. Payroll: • Receives, reviews, verifies and processes payroll-related records and documentation • Calculates, reviews and processes the City’s payroll • Audits and reconciles the payroll register • Prepares accounting records and reports such as State and Federal Income Tax and CalPERS Reports • Audits records for completeness, accuracy and conformance with policies and procedures City of Rohnert Park Senior Payroll/Fiscal Specialist Page 2 of 5 • Implements changes in the payroll computer system involving the implementation of labor agreements and major changes in salaries, benefits, and/or the calculation of payroll checks • Under the direction of the Finance Director, works directly with the Human Resources Dept. to solve problems and implement payroll and benefits changes • Under the direction of the Finance Director, works directly with the Information Services Dept. to maintain accuracy of the payroll computer system and documents changes and errors and tests new payroll system updates • Assists auditors • Researches and answers questions regarding payroll and benefits’ records, policies and procedures • Follows laws regarding the release of information regarding personal, confidential, financial employee information • Compiles payroll data for use in budget preparation and employee negotiations • Calculates taxes and prepares W -2’s • Inputs data into specialized data base software system to produce payroll • Checks computer printouts for accuracy of information • Distributes payroll to department heads, supervisors and employees • Computes, adjusts and distributes required monthly, semi-monthly, quarterly and yearly reports • Disburses payments to benefit providers • Checks, adjusts, and makes all correcting journal entries for payroll and fringe benefit data, deductions, and insurance funds • Performs a variety of account and statistical record keeping work related to the City’s retirement program • Assists employees and retirees with their CalPERS retirement questions • Implements directives in employee bargaining unit Memoranda of Agreement and Outlines of Benefits • Receives and processes a variety of payroll information and data • Operates a variety of office equipment and specialized computer software systems • Maintains confidentiality of a variety of information • Responds to a variety of requests for information from financial institutions and the courts regarding the City’s payroll functions • Processes payroll, sends monthly invoices and process monthly CalPERS reporting for REMIF • Creates new Accounts Receivable accounts • Sends out monthly A/R invoices for retiree medical and rent • Calculates and Invoices for property damage and DUI Cost recovery and other City services • Updates A/R rates based on CPI and/or contract agreements as necessary • Makes A/R adjustments • Other duties as assigned City of Rohnert Park Senior Payroll/Fiscal Specialist Page 3 of 5 Accounting: • Handles public requests, questions and complaints over the telephone and by mail regarding utility billing and rates, water leaks, animal and business license billing and fees; works to resolve customer complaints; compiles and assembles information from department files, records, regulations in response to inquires • Prepares financial reports independently; checks and balances reports and records of other agencies or departments; prepares and batches financial and statistical information for data processing and billing; reviews and balances input documents; monitors and reconciles data processing output; monitors and verifies daily, weekly and monthly data processing printouts • Answers inquiries related to department records, accounts and programs; explains rules, regulations, policies, and procedures; explains the proper use and completion of forms and documents • Prepares a variety of materials to assist in daily operations such as city revenue reconciliation, utility billing closing and final billing, deposit refunds, and water leak adjustments; consolidates an assortment of statistical information from a number of sources, including revenue from all city departments, fixed assets compilation, and reconciliation of program budget expenditure • Backs up other positions in the Finance Department and does special projects as assigned by the Accounting Services Supervisor, or Finance Director • May provide lead direction or supervision and trains Accounting Specialists or Payroll Fiscal Specialists • Manages metered water accounts, including making necessary changes to specialized software database • Helps to maintain and update automated utility billing system and uses system to prepare utility bills, billing registers and reports; interprets error messages and corrects errors • Under the direction of the Finance Director, helps prepare rate analyses and financial studies for utility funds and updates rate models; recommends changes in City fees and charges • Reviews and audits deposits, payments and adjustments to proper accounts • Coordinates meter reading functions and analyzes meter reading input • Coordinates meter reading service requests, repairs, replacements, and audits • Prepares monthly journal entries QUALIFICATIONS Education/Training/Experience: Sufficient education, training and experience to successfully perform the duties of a Senior Payroll/Fiscal Specialist. A typical way of obtaining the required qualifications is to: City of Rohnert Park Senior Payroll/Fiscal Specialist Page 4 of 5 • Possess the equivalent of an Associate’s Degree in Accounting or related field, and • The equivalent of three (3) years of progressively responsible experience in accounting, as well as financial and statistical recordkeeping work involved in utility or other billings, the processing of a public agency payroll of a jurisdiction of a comparable size to the City of Rohnert Park • Certified Payroll Professional Certification is desirable Knowledge of: • Thorough knowledge of methods and practices of public financial and statistical recordkeeping, including payroll and benefit functions • Laws and regulations governing the maintenance and destruction of records relating to a public agency payroll, fringe benefits, employee, financial and retirement program records • Basic principles and functions of budget, classification and compensation schedule, personnel rules & regulations, memoranda of agreement, and outlines of benefits for bargaining units in a public agency setting • Terminology used in financial and statistical recordkeeping • Research methodology • Principles of basic mathematics, accounting principles, practices, and procedures, and basic statistics • Modern office methods, procedures, and practices • Proper business English usage, spelling, grammar, and punctuation • Principles and practices of effective supervision, including training, directing and prioritizing, performance monitoring and evaluation, and disciplinary processes Skill to: • Perform data entry quickly and accurately in order to meet work deadlines and requirements • Perform 10-key by touch • Use specialized computer software programs • Apply applicable Federal, State and/or local laws, rules & regulations • Perform basic mathematical calculations • Maintain required records Ability to: • Prepare and maintain accurate and up-to-date payroll information, files & records • Process and calculate a variety of payroll actions including wage garnishments, benefits, deductions, withholdings, retroactive pay, and overtime calculations • Meet legal deadlines for the payroll • Balance and prepare payroll taxes for State and Federal quarterly and annual returns • Research and reconcile errors and issues that may arise and develop internal control systems City of Rohnert Park Senior Payroll/Fiscal Specialist Page 5 of 5 • Evaluate, develop and install complex payroll systems and procedures • Be sensitive to political issues that arise within the context of payroll • Develop effective policies and procedures to meet payroll requirements • Set-up and revise account or statistical recordkeeping procedures and records • Review, code, post, adjust and summarize fiscal transactions or statistical data • Maintain and reconcile control records • Prepare final reports and statements • Lead and train Accounting Specialists • Provide back-up support in the Finance Department • Communicate effectively and professionally (verbally and in writing) with internal and external customers • Perform difficult and detailed accounting work quickly and accurately under deadlines • Handle confidential tasks such as payroll with the utmost privacy and decorum • Apply contract provisions, laws, rules, and regulations pertaining to payroll and special projects • Prepare and maintain a variety of payroll-related fiscal and accounting records and reports • Analyze situations accurately and adopt an effective course of action • Exercise good judgment and act within the scope of authority in the position • Keep supervisor informed of potential issues and problems • Post data and make mathematical calculations with speed and accuracy • Operate office machines, including computerized payroll systems, personal computer, typewriters, copiers, faxes and calculators • Establish and maintain cooperative working relationships • Learn and utilize new technology Working Conditions: Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily office activities. The position also requires grasping, repetitive hand movement, and fine coordination in preparing statistical reports and data using a computer keyboard. The position requires near, far, and color vision in reading correspondence, statistical data and using a computer, and hearing is required when providing phone and face-to-face customer service. The need to lift, drag, and push files, paper, and documents weighing up to 25 pounds is also required. The incumbent juggles multiple tasks, works under pressure of deadlines, frequent interruptions and is exposed to common office environment noise. The position may be required to work weekends and evenings to meet deadlines. FLSA Status: Non-exempt Employee Unit: Confidential Unit Approved By: Date Approved: ITEM NO. 4C2 1 Meeting Date: December 22, 2015 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Tracy Rankin, Human Resources Analyst Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges revised December 8, 2015 RECOMMENDED ACTION: Approve the attached resolution authorizing and approving the City of Rohnert Park Current Pay Rates and Ranges revised December 8, 2015. BACKGROUND: Council approved the City of Rohnert Park Current Pay Rates and Ranges document dated September 11, 2015 on September 22, 2015, pursuant to Resolution No. 2015-156. Since that date, the following position and salary changes have been approved and/or require updating: Description Action Approval Accounting Services Supervisor New position; add to pay rates and ranges Confidential Unit New Range 88-CF $5,952 - $7,234 Monthly Resolution No. 2015-171 dated 10/27/15 Utility Billing and Revenue Manager Position eliminated; remove from pay rates and ranges Resolution No. 2015-171 dated 10/27/15 Part-Time Fire Inspector New position; add to pay rates and ranges RPEA Unit Existing Range 81 $28.25 - $34.34 Hourly Resolution No. 2015-175 dated 11/10/15 Public Works Operations Manager Position eliminated; remove from pay rates and ranges Resolution No. 2015-179 dated 11/24/15 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. 4C2 2 Description Action Approval Management Unit • Development Services Manager Confidential Unit • Secretary II • Deputy City Clerk RPEA Unit • Office Assistant II • Reg PT Office Assistant II • Public Safety Records Technician • Secretary II • Administrative Secretary • Building Inspector • Accountant/Auditor Miscellaneous Part-Time – Community Services • PT Senior Pool Manager Obsolete positions; remove from pay rates and ranges N/A - correction In addition, the following pay rates and ranges require revision to bring the City into compliance with the mandated State minimum wage increase effective January 1, 2016 and avoid compaction between positions: Description Action Approval Miscellaneous Part-Time Hourly Positions – Community Services Department • Range 38 • Range 41 • Range 43 Adjust salary ranges to reflect California minimum wage increase to $10/hour effective 1/1/16 Compliance with state law Miscellaneous Part-Time Hourly Positions – Community Services Department • Range 45 • Range 53 • Range 59 Adjust salary ranges to avoid compaction between positions Miscellaneous Part-Time Hourly Positions – Administrative, Performing Arts, Public Safety • PT Administrative Assistant • PT Office Assistant • PT Administrative Intern • PT Box Office Assistant • PT Theater Technician • PT Community Services Leader Adjust salary ranges to reflect California minimum wage increase to $10/hour effective 1/1/16 Compliance with state law The new rates will go into effect the pay period beginning December 27, 2015. ITEM NO. 4C2 3 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. In addition to the approved position and salary changes noted above, California State Minimum Wage is set to increase from $9.00 to $10.00 per hour on January 1, 2016. The current seven step range structure for the miscellaneous part-time hourly positions in the Community Services Department was created in anticipation of this upcoming increase and allows for dropping the lower level rates to come into compliance on January 1, 2016 and also addresses the issue of compaction between positions. For the miscellaneous part-time hourly positions in other departments, the current salary range structure includes a broad range of hourly rates instead of actual steps and can be easily modified to make rates below $10.00 per hour obsolete. Attached as Exhibit A to this staff report is the updated City of Rohnert Park Current Pay Rates and Ranges revised December 8, 2015 that incorporates the changes listed above. Staff recommends that the Council adopt the updated Pay Rates and Ranges by resolution. OPTIONS CONSIDERED: This is not applicable. FISCAL IMPACT/FUNDING SOURCE: Approximately 18 employees are currently below the rate of $10.00 per hour. The fiscal impact will include an hourly pay increase for these employees to the new California minimum wage rate. Hourly increases range from $.24 to $1.00 per hour and will result in a maximum additional annual cost of $18,000. In addition 9 employees require adjustments to avoid compaction issues between positions. The fiscal impact will include an hourly pay increase for these employees that range from $.55 to $1.58 per hour and will result in a maximum additional annual cost of $14,220. Department Head Approval Date: N/A City Manager Approval Date: 12/15/15 City Attorney Approval Date: N/A Finance Director 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 December 8, 2015 2. Exhibit “A” City of Rohnert Park Current Pay Rates and Ranges revised December 8, 2015 RESOLUTION NO. 2015-191 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 DECEMBER 8, 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 September 11, 2015 on September 22, 2015 pursuant to Resolution No. 2015-156 and several positions have been subsequently approved and/or require updating; and WHEREAS, California State Minimum Wage is set to increase from $9.00 to $10.00 per hour on January 1, 2016 and the salary ranges for certain miscellaneous part-time hourly positions require revision to bring the City into compliance with the mandated increase; and WHEREAS, staff recommends that the City Council adopt the updated City Pay Rates and Ranges document revised December 8, 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 December 8, 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 22nd day of December, 2015. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A CITY OF ROHNERT PARK CURRENT PAY RATES & RANGES Revised December 8, 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 Planning Manager (PLMG)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 88-CF CLASS STEP Hourly Biweekly Monthly Annually Accounting Services Supervisor (ASSP)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 Confidential Unit (Unrepresented) 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 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) PT Fire Inspector (PTFI) 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 Accountant/Auditor (AAUD)X 1 $32.71 $2,616.46 $5,669 $68,028 Management Analyst (MANA)2 $34.34 $2,747.08 $5,952 $71,424 Accountant (ACCT)3 $36.06 $2,884.62 $6,250 $75,000 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 RANGE 94 CLASS STEP Hourly Biweekly Monthly Annually Building Official (BDBO)X 1 $38.76 $3,101.08 $6,719 $80,628 2 $40.70 $3,256.15 $7,055 $84,660 3 $42.74 $3,419.08 $7,408 $88,896 4 $44.87 $3,589.85 $7,778 $93,336 5 $47.12 $3,769.38 $8,167 $98,004 CITY OF ROHNERT PARK - PAY RATES AND RANGES Service Employees' International Union (SEIU - Local 1021) - Maintenance Workers *Inactive salary step; acting pay previously incorporated into base salary 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 *6 $32.73 $2,618.38 $5,673 $68,078 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)1 3 $10.00 PT Community Services Leader (PTCSL)2 4 $10.26 3 5 $10.77 4 6 $11.31 5 7 $11.88 RANGE 41 STEP Hourly PT Instructor/Lifeguard (PTIL)1 $9.02 2 $9.47 3 $10.00 1 4 $10.44 2 5 $10.96 3 6 $11.51 4 7 $12.08 5 new $12.69 RANGE 43 STEP Hourly PT Senior Community Services Leader (PTSCSL)1 $9.29 2 $9.76 3 $10.25 1 4 $10.76 2 5 $11.30 3 6 $11.87 4 7 $12.46 5 new $13.08 RANGE 45 STEP Hourly PT Senior Lifeguard (PTSRL)1 $10.00 PT Sports Center Coordinator (PTSC)2 $10.51 3 $11.03 1 4 $11.58 2 5 $12.16 3 6 $12.77 4 7 $13.41 5 new $14.08 RANGE 53 STEP Hourly PT Pool Manager (PTPMGR)1 $11.30 2 $11.86 1 3 $12.46 2 4 $13.08 3 5 $13.73 4 6 $14.42 5 7 $15.14 RANGE 59 STEP Hourly PT Senior Pool Manager (SPMG)1 $12.46 PT Community Services Coordinator (PTCSC)2 $13.08 1 3 $13.73 2 4 $14.42 3 5 $15.14 4 6 $15.90 5 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 $10.50 - $28.50 PT Office Assistant (PTO1)$9.03 $10.00 - $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 $10.00 - $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 $10.45 - $11.40 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 $10.00 - $13.30 Public Safety Hourly Animal Shelter Assistant (ASA)$11.40 - $14.25 PT Community Services Leader (PTCSL)$9.00 $10.00 - $11.88 Public Works Hourly Seasonal Maintenance Assistant (SMA)$11.40 - $14.00 Public Safety Amount/Percentage Euthanasia Certification 7% Stipends by Unit 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. 4C3 1 Meeting Date: December 22, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Authorizing the City Manager to Execute Task Order 2015-03 with W-Trans for a Traffic Signal System Needs Study, and adopting a budget amendment to fund the Traffic Signal System Needs Study RECOMMENDED ACTION: Adopt a Resolution authorizing the City Manager to execute Task Order 2015-03 with W-Trans for a Traffic Signal System Needs Study, and adopting a budget amendment to fund the Traffic Signal System Needs Study. BACKGROUND: The City has a network of traffic signals on its arterial and collector roadways that are operated to allow for the safe and orderly movement of traffic throughout the City. In 2013, concurrent with opening of the Casino, the City undertook a project to coordinate the traffic signals on Golf Course Drive and Rohnert Park Expressway and has made periodic adjustments to signal performance since then. As the economy recovers, there has been anecdotal evidence in the form of public observations and follow-up work by City staff that there are traffic delays at signalized intersections at some times of the day and week. In addition, as a result of planned growth, the City will be bringing on-line, five new traffic signals on Snyder Lane and Rohnert Park Expressway east of Snyder Lane. In order to ensure that the existing traffic signals are operating as effectively as possible, engineering staff is proposing a Traffic Signal System Needs Study that will serve as a master plan to guide operations of and improvements to our traffic signal system. This study, which will focus on existing infrastructure, not new signal locations, will allow the City to receive maximum benefit from its existing system. The Traffic Signal System Needs Study can also serve as the first piece of a more comprehensive review of the City’s overall traffic management and calming options and can provide operational data that will assist engineering staff in applying for grants to improve the City’s overall circulation system. ANALYSIS: In 2010, the City entered into a Master Agreement with W-Trans to serve as the City’s contract traffic engineer. They have performed or peer-reviewed the majority of the traffic studies completed in the City including recent work for the Northwest Specific Plan Area and the Central Rohnert Park Priority Development Area. W-Trans also developed the design for the traffic signal coordination project on Golf Course and Rohnert Park Expressway and have been active in follow-up review and adjustments to the signal system. Engaging W-Trans to do this work via a task order is consistent with the City’s Purchasing Policy. Specifically, Section 3.6.6(B) authorizes Master Service Agreements to establish 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. 4C3 2 terms of agreements with specific vendors over time and dictates that task orders be used to specify the scope of work and payment terms. Engineering staff has requested a proposal from W-Trans for this work and negotiated the scope and budget for the work. Because of W-Trans’ extensive experience with the City, the study can be performed for $29,000, which is quite cost-effective. Undertaking the Traffic Signal System Needs Study is consistent with Strategic Plan Goal C (ensure the effective delivery of public services), because it will result in recommendations that allow the City to improve the performance of our existing traffic signal network. It is consistent with Strategic Plan Goal D (continue to develop a vibrant community) because City’s efforts to plan for changes and modifications to the overall circulation system will be firmly grounded in a strong technical understanding of the current system. OPTIONS CONSIDERED: 1. Undertake a Traffic Signal System Needs Study as the first step in optimizing the performance of the City’s overall circulation and traffic management system. This is the recommended option because, for a relatively low cost, the City will quickly have access that allows it to maximize the value it receives from its existing infrastructure. Undertaking this initial analysis does not preclude the City from initiating a more comprehensive review of circulation system options in the future. 2. Undertake a traffic signal system analysis as part of a larger analysis of alternatives to improve the City’s circulation and traffic management system. This option is not recommended because it will take significantly longer to complete this more comprehensive analysis, delaying potential benefits to the public. By approaching analysis of the existing signal system as a first step, the City will benefit from near- term improvements, without closing off future options. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $29,000.00. Funding for the Traffic Signal System Needs Study will come from the following sources: Gas Tax Fund (Fund 130): $14,500 Casino Recurring Public Services Fund (Fund 183): $14,500 There exists adequate budget appropriation for consultant services in the Casino Recurring Public Service Fund for FY 2015-2016, therefore no additional appropriation is needed in this funding source for this study. However, additional budget appropriation is needed for the consultant expenses in the Gas Tax Fund for FY 2015-16 to fund this study. Department Head Approval Date: 12/11/2015 City Manager Approval Date: 12/15/15 City Attorney Approval Date: 11/3/2015 Finance Director Approval Date: 11/3/2015 Attachments (list in packet assembly order): 1. Resolution authorizing the City Manager to execute Task Order 2015-03 with W-Trans for a Traffic Signal System Needs Study, and adopting a budget amendment to fund the Traffic Signal System Needs Study 2. Task Order 2015-03 with W Trans for Traffic Signal System Needs Study 3. Task Order Exhibit A, Scope of Work and Exhibit B, Budget and Schedule 1 RESOLUTION NO. 2015-192 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER 2015-03 WITH W-TRANS FOR TRAFFIC SIGNAL SYSTEM NEEDS STUDY, AND ADOPT A BUDGET AMENDMENT TO FUND THE TRAFFIC SIGNAL SYSTEM NEEDS STUDY WHEREAS, City desires to improve the traffic flow within the City; and WHEREAS, the City’s traffic signal system is an important element of maintaining smooth and orderly traffic circulation throughout the City; and WHEREAS, a traffic signal system needs is the first step in improving traffic flow; and WHEREAS, W-Trans, the City’s contract traffic engineer, is qualified to perform such a study and has submitted a proposal to the City for a Traffic Signal System Needs Study NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve Task Order 2015-03 with W-Trans for Traffic Signal System Needs Study BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this study, including the execution of a Task Order with W-Trans for the above said study. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to appropriate $14,500 from the Gas Tax Fund - Unreserved Fund Balance (130-0000- 251-2510) to Gas Tax Fund - Consultant Expenses (130-0000-400-6101). DULY AND REGULARLY ADOPTED this 22nd day of December, 2015. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk AHANOTU: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) W-TRANS TASK ORDER NO. 2015-03 CITY OF ROHNERT PARK AND W-TRANS AUTHORIZATION TO PREPARE TRAFFIC SIGNAL SYSTEMS NEEDS STUDY SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct W-Trans to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and W-Trans ("Consultant") hereto dated August 11, 2011 and authorized by Resolution 2011-63 (“Master Agreement”). SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Attachment “A” - Scope of Services, which is attached hereto and incorporated by this reference. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 of this Task Order shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Attachment “B,” which is attached hereto and incorporated by this reference, for an amount not-to-exceed $29,000. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 of this Task Order shall be completed by August 1, 2016, or as extended by the City Manager. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference and remain in full force and effect. Approved this 22th day of December, 2015. Signatures on Next Page CITY OF ROHNERT PARK W-Trans ____________________________ Darrin Jenkins, City Manager (Date) Name and Title (Date) Per Resolution 2015-XX adopted by the Rohnert Park City Council at its meeting of 12/22/2015 ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ City Attorney 490 Mendocino Avenue, Suite 201 SANTA ROSA, CA 95401 707.542.9500 475 14th Street, Suite 290 OAKLAND, CA 94612 510.444.2600 1276 Lincoln Avenue, Suite 204 SAN JOSE, CA 95125 650.314.8313 w-trans.com Fee Schedule 2015 Staff Billing Rates Position Billing Rate (per hour) Principal $205 – $235 Associate Principal $180 – $200 Senior Engineer/Planner $150 – $175 Engineer/Planner $125 – $145 Associate Engineer/Planner $110 – $120 Assistant Engineer/Planner $95 – $105 Technician/Administrative $75 – $95 Intern $30 – $75 Field Technician $15 – $40 2015 Expense Charges Item Charge Mileage $0.63/mile* Services and Expenses 10% surcharge These rates are valid for work initiated prior to December 31, 2015. Work initiated after January 1, 2016, and any subsequent year may be billed at the revised rates established for that year. Mileage charge will be based on the IRS Standard Mileage Rate set at $0.575 for January through June 2015) plus 10 percent, rounded to the nearest cent. ITEM NO. _____________ 1 Meeting Date: December 22, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving a Master Maintenance Agreement with Antheia LP for the Fiori Estates Development and Authorizing the City Manager to Sign RECOMMENDED ACTION: By Minute Order Approve a Master Maintenance Agreement with Antheia LP for the Fiori Estates Development and Authorize the City Manager to Sign BACKGROUND: The City’s General Plan, which is its guiding framework for development approval, contains policies that require new development to support the costs of maintenance and services required to support that development. On February 18, 2013,the City of Rohnert Park’s Planning Commission approved Planning Commission Resolution Number 2013-07 Approving a Conditional Use Permit and Site Plan and Architectural Review for a 244-unit Apartment Complex (Fiori Estates) located on an 11.09 acre site on Dowdell Avenue Northerly of Carlson Court (APN 143-040-125). The Conditions of Approval for this development require, among other things, that the applicant comply with City’s Municipal Code, including its grading ordinance and adopted standards and the mitigation measures included in the Stadium Lands Environmental Impact Report. On June 11, 2013, the City of Rohnert Park City Council reviewed its options for complying with the Municipal Separate Storm Sewer (MS4) requirements promulgated by the State and Regional Water Quality Control Boards and concluded it would be beneficial to enroll under the “Phase 1 MS4” permit originally issued by the North Coast Regional Water Quality Control Board to the City of Santa Rosa, Sonoma County and the Sonoma County Water Agency. On December 3, 2013, the Deputy City Engineer approved the site plans for the Fiori Estates Project which include onsite and offsite stormwater detention and treatment facilities designed to comply with the Regional Board’s MS4 requirements. On July 14, 2014, the City of Rohnert Park City Council approved its Resolution 2014-081 adopting modifications to the City’s Manual of Standards, including adoption of the Low Impact Development Manual, which contains design guidelines for on and offsite features that control the quantity and quality of stormwater runoff from newly developed sites. The Fiori Estates project had been designed in accordance with these standards. On October 8, 2015, the North Coast Regional Water Quality Control Board adopted an update to the Phase 1 MS4 Permit (Order No. R1-2015-0030) that, among other things, required 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. _____________ 2 permitted entities to put into place agreements and monitoring programs to ensure that low impact development features, including those on private property, are functional and maintained over time. In addition to the stormwater detention and treatment facilities, during project implementation, the developer requested, and the City agreed, to include enhanced landscaping within the public right-of-way on Dowdell Avenue, as part of the project. The City’s agreement was based on the developer’s commitment to maintain the landscaping at no cost to the City. The Fiori Estates property has recently been transferred from Spanos Corporation (the Developer) to Antheia LP. The proposed Maintenance Agreement is with Antheia LP because this entity will have the long- term maintenance obligation. The proposed Maintenance Agreement is the formal document that outlines overall private maintenance responsibilities and allows the City to demonstrate compliance with its MS4 permit. ANALYSIS: The City’s General Plan, Conditions of Approval and its Stormwater Permit from the Regional Board all require that adequate provisions be made for maintenance of improvements that serve the new development. In the case of the Fiori Estates project there is both landscaping in the public right-of-way (see Maintenance Agreement Exhibit B) and onsite stormwater capture and treatment facilities (see Maintenance Agreement Exhibit C) that serve the project. The proposed Maintenance Agreement outlines the responsibility of the property owner to maintain these facilities, at no cost to the City. The Agreement also outlines the City’s rights to take corrective action and recover costs from the property owner if maintenance is not accomplished. Execution of the Maintenance Agreement allows the property owner to comply with the its Conditions of Approval, allows the City to comply with the requirements of its MS4 Permit and ensures that costs associated with maintaining the Fiori Estates property are born by the property owner. OPTIONS CONSIDERED: None. Approval of the Master Maintenance Agreement is consistent with the City’s General Plan policies Conditions of Approval and MS4 Permit. FISCAL IMPACT/FUNDING SOURCE: In accordance with the City’s General Plan policies, development of the Fiori Estates project has been designed to minimize impacts on both the General Fund and existing rate payers. The proposed Master Maintenance Agreement commits the property owner to maintenance obligations, particularly with respect to onsite storm water detention and treatment facilities and avoids impacts on the City. Department Head Approval Date: 12/08/2015 City Manager Approval Date: 12/14/2015 City Attorney Approval Date: 12/09/222 Finance Director Approval Date: NA Attachments (list in packet assembly order): 1. Master Maintenance Agreement RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk Space above this line reserved for recorder’s use Exempt from recording fee per Gov. Code § 27383. MASTER MAINTENANCE AGREEMENT (Fiori Estates Apartments) APN 143-040-125 THIS MASTER MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this day of , 2015, (“Effective Date”), by and between ANTHEIA, LP, a California limited partnership (“Developer”), and the CITY OF ROHNERT PARK, a California municipal corporation (“City”) with reference to the following facts. City and Developer may each be referred to as a “Party” or collectively as the “Parties.” RECITALS A. Developer is the owner of that certain real property located in the City of Rohnert Park, County of Sonoma, State of California, known as the Fiori Estates Apartment project and described on Exhibit “A”, attached hereto and incorporated by this reference as if fully set forth herein (the “Property”). The Property is being developed as a residential apartment project. B. In connection with its development of the Property, Developer’s predecessor in interest obtained a Conditional Use Permit and Site Plan and Architectural Review (PL2012-039UP/SR) (the “Project Approvals”) on February 28, 2013 (Planning Commission Resolution No. 2013-07). The Project Approvals require the installation and maintenance of certain public and private improvements both on the Property and along the Property frontage, which improvements are described and depicted on Exhibit “B” attached hereto and by this reference made a part hereof (the “Project Improvements” or the “Improvements”). The Project Improvements include frontage landscaping within the public right-of-way, including storm runoff treatment swales. C. In addition, the City’s National Pollutant Discharge Elimination System (“NPDES”) Municipal Separate Storm Sewer System (“MS4”) Permit, Order Number No. R1-2015-0030, issued by the North Coast Regional Water Resources Control Board, requires the City to implement and enforce specific requirements for the construction and maintenance of onsite storm water management facilities/best management practices (collectively, “BMP”) for development, redevelopment, and other applicable projects with the goal of mitigating impacts to storm water quality and runoff volume discharges into the MS4. Provisions of Title 15 and other applicable sections of the Rohnert Park Municipal Code shall apply to the construction, inspection and maintenance of BMP Facilities, as defined in Recital D below, and the enforcement of MS4 Permit requirements. 2 D. On December 3, 2013, the City approved Improvement Plans and a Final Standard Urban Stormwater Mitigation Plan (“SUSMP”) (collectively, “Plan”) for the Property which include provisions for the construction and maintenance of BMP facilities as part of the Improvements on the Property (the “BMP Facilities”). The BMP Facilities are described in Exhibit “C” attached hereto and by this reference made a part hereof and include water quality swales within the public right-of-way and on-site. E. The City and Developer will enter into a Recycled Water Use Agreement in substantial conformance with Exhibit “D”, Recycled Water Use Agreement, for the purpose of providing recycled water for irrigation of landscaping to be installed by Developer as part of the Improvements. F. The Developer recognizes that the City’s approval of the Project Approvals is based on the Developer’s commitment to the long-term maintenance, repair, care and, if and when necessary, replacement of the Improvements and the BMP Facilities, and that the Project Approvals would not have been approved without the assurance that this Agreement would be executed by the Developer. G. The City and the Developer desire to enter into an agreement pursuant to which the Developer will maintain the Improvements within the Maintenance Area as both are depicted on Exhibit “B”, as well as the BMP Facilities shown on Exhibit “C”. AGREEMENT NOW, THEREFORE, the City and the Developer (together, the “Parties”) hereby agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the Improvements by the Developer at its expense in accordance with the standards, including the Maintenance Standards (defined in Section 4 below), set forth herein and the construction, inspection and maintenance of the BMP Facilities. 2. IMPROVEMENTS AS A BENEFIT. The Developer agrees that the Improvements will materially benefit the Property and that Developer’s maintenance, repair, safe operation and, if and when necessary, replacement thereof in accordance with this Agreement is necessary for approval of the Developer’s Project Approvals. 3. DEVELOPER’S RESPONSIBILITIES. Developer, at its sole expense, shall construct, install, maintain, safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the Improvements identified in Exhibit “B” and “C”, as well as perform all necessary service on maintenance equipment, in order to ensure the attractive and healthy appearance of the landscaping, the attractive appearance, condition and safety of any and all structures, and the efficient operation of all of the Improvements, including paying the electrical expense of operating any pedestrian light and irrigation controller, said electrical expense to be paid by the Developer upon the direct receipt of invoices for electrical service from Pacific Gas and Electric, all in accordance with the Maintenance Standards described in Section 4 below, and industry and City standards applicable to similar improvements. 4. MAINTENANCE STANDARDS. The Developer and its maintenance staff, contractors and subcontractors shall comply with the following standards (collectively, “Maintenance Standards”) in connection with the required maintenance of the Improvements: 3 a. The Improvements shall be maintained in compliance with the Plan and Project Approvals, in good condition, and in accordance with the custom and practice generally applicable to public rights-of-way within the City of Rohnert Park. b. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of grass and lawn areas; pruning of trees, shrubs, and other vegetation; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; removal and replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. c. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. d. All maintenance work shall be performed in a good and workman like manner and shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. e. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governmental requirements. Precautionary measures shall be employed recognizing that all areas are open to public access. f. Any and all requirements for use of recycled water under the Recycled Water Use Agreement. 5. CITY’S RIGHT TO PERFORM MAINTENANCE. In the event that the Developer fails to repair, periodically inspect, maintain in good working condition, care for and, if and when necessary, replace the Improvements on and about the Property in the manner set forth herein, as solely determined by City, the City may enter upon the Property and take whatever steps it deems reasonably necessary to maintain, repair, periodically inspect, care for, and replace such Improvements, or to contract for the correction of such deficiencies, after written notice to the Developer. By executing this Agreement, Developer knowingly and willfully provides consent to the City to enter on the Property and perform such maintenance work as it deems necessary. Except as provided in Sheet C-1 of Exhibit C, it is expressly understood that the City is under no obligation to maintain or repair the Improvements, and in no event shall this Agreement be construed to impose such an obligation on the City. a. Notice to Developer. Prior to taking any such corrective action, the City agrees to notify the Developer in writing if the condition of said Improvements does not conform to the standards and requirements set forth herein, including without limitation the Maintenance Standards, and to specify the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Upon notification of any deficiency, the 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 rectify the problem. b. Lien for Costs of Required Maintenance. In the event that Developer fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such deficiency after 4 notification and after expiration of any applicable cure period, then the City may enter upon the Property and maintain, repair, care for and, if and when necessary, replace such Improvements at the Developer’s expense. The Developer agrees to reimburse the City within 60 days of the date of a notice identifying all charges and costs incurred by the City for such maintenance, repair and replacement work. Until so paid, the City shall have a lien on the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a “Notice of Claim of Lien” against the Property, provided City shall not record a Notice of Claim of Lien unless and until Developer fails to reimburse the City within 60 days of the notice identifying all charges and costs incurred by the City for such work. This lien shall affect all parcels jointly if portions of the Property have been sold. Any lien in favor of the City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgagee or beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of the City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority of any lease, sublease or easement unless such instrument is expressly subordinated to such lien. c. Legal Action. The City may bring legal action to collect the sums due as the result of expending public monies to maintain, repair and, if and when necessary, replace any Improvements which are the responsibility of the Developer as provided herein. The Developer agrees that if the City brings legal action to enforce its rights under this Section 5, the Developer shall pay the City all costs incurred by it, including reasonable attorneys’ fees and court costs, together with interest from the date the City provided notice under Section 5.a, at the rate of seven percent (7%) per annum. d. Additional Remedies. The Developer acknowledges and agrees that the City may also pursue any and all other remedies available in law or equity in the event of a breach of the Developer’s obligations and agreements set forth herein. e. Intention of City. Nothing in this Section 5 shall be construed, either expressly or by implication, as indicating an intention of the City to exercise dominion or control over the Improvements. 6. BMP FACILITIES. Developer hereby covenants, agrees and declares as follows: a. Developer shall, at its sole cost and expense, construct, inspect, and maintain the BMP Facilities, as shown on Exhibit “C” in accordance with the Plan and the SUSMP. b. Maintenance associated with the Dowdell Avenue water quality swales shall include, but not be limited to: removal of trash, weeds, debris and sediment; trimming, mowing, or replacement of vegetation; repair of ditch erosion; and periodic replacement of improvements as may be needed. c. Maintenance associated with the on-site water quality swales shall include, but not be limited to: watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of vegetation; removal and replacement, as needed, of all plant materials; and control of weeds. d. The Developer shall submit to the City inspection reports as required by the Plan and SUSMP. The Developer shall complete maintenance or repairs noted in the inspection reports. e. In the event Developer fails to maintain the BMP Facilities in good working condition as solely determined by the City in its reasonable discretion, the City may enter upon the 5 Property and take whatever steps it deems reasonably necessary to maintain and/or make in good working condition, such BMP Facilities. It is expressly understood that the City is under no obligation to maintain or repair the BMP Facilities, and in no event shall this Agreement be construed to impose such an obligation on the City. f. In the event that the City performs work of any nature, or expends any funds in the performance of such work for labor, use of equipment, supplies, materials, or the like, due to failure of the Landowner to perform its maintenance obligations under this Agreement, as solely determined by City in its reasonable discretion, Developer shall reimburse the City within sixty (60) days of receipt of notice for all costs incurred by the City to undertake such work. Costs shall include, but are not limited to, the actual cost of construction, maintenance and/or repair, and administrative costs directly related to such work. 7. RECYCLED WATER USE. Developer agrees to perform all requirements and obligations under the Recycled Water Use Agreement. 8. NO IMPAIRMENT OF LIEN. No violation or breach of the agreements, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Developer to the Site or any portion thereof shall be bound by such agreements, conditions, restrictions, limitations and provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise. 9. ENCROACHMENT PERMIT; RIGHT OF ENTRY. The Developer and the City acknowledge that, to the extent that the Improvements are located within the City rights-of-way, the Developer shall obtain a single on-going revocable encroachment permit from the City in order for the Developer to perform its obligations under this Agreement. Such an encroachment permit shall set forth the terms and provisions upon which the Developer has a right to enter onto such rights-of-way in order to perform maintenance, inspection, repair and, if and when necessary, replacement services (collectively, “Maintenance Services”). The encroachment permit shall be issued on the terms and conditions of this Agreement. The Developer shall obtain and deliver to the City, at no cost to the City, certificates of commercial general liability insurance which indicate that the City, its elective and appointive boards, commissions, officers, agents and employees are covered as additional insureds under all insurance policies maintained for performance of the Maintenance Services and other activities by (i) the Developer or (ii) any contractor or subcontractor directly or indirectly employed by the Developer to perform any Maintenance Services or other Activities. Each of these policies shall also provide that no cancellation, major change in coverage, or expiration may be affected by the insurance company or the insured during the time of performance of the Maintenance Services and other Activities, without first giving to the City thirty (30) days’ written notice prior to the effective date of such cancellation or change in coverage. The Developer shall not permit any contractor or subcontractor to commence or continue performing Maintenance Services or other Activities until the certificates or any substitute certificates have been approved by the City’s Risk Manager. 10. VIOLATION. In addition to any remedies outline in the City’s Stormwater Permit and the Recycled Water Use Agreement, any violation of this Agreement, the Plan, SUSMP, or Recycled Water Use Agreement by Developer shall be deemed a public nuisance under Chapter 1.24, Nuisance Abatement, of the Rohnert Park Municipal Code and City shall be entitled to the remedies available to it under Chapter 1.24, in addition to the remedies available to it under Chapters 1.16 and 1.25. The remedies 6 identified herein shall be in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the City. 11. PERMITS AND APPROVALS. To the extent that performance of the Maintenance Services or other Activities requires permits or governmental approvals, the Developer shall, at its sole cost and expense, obtain such permits and approvals. The City shall issue encroachment permits, from time to time, on the terms set forth in Section 8 above. 12. TERM. This Agreement shall commence immediately upon the Effective Date and shall continue in perpetuity until and unless terminated, with or without cause, by the City upon thirty (30) days written notice to Developer. 13. INDEMNIFICATION. Developer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the City and its Council, boards, offices, commissions, officials, agents and employees, from and against any liability, (including, but not limited to, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, damages, losses, expenses or costs of any kind, including reasonable attorneys’ fees, that may be asserted by any person or entity, including Developer, whether actual, alleged or threatened, interest, defense costs, and expert witness fees), where the same relates to, or arises out of, any work performed or services provided under this Agreement by the Developer, or the Developer’s contractors, subcontractors, agents or employees, including, but not limited to, the performance of the Maintenance Services or other Activities, excepting only that resulting from the sole, active negligence or intentional misconduct of the City, its employees, officials, or agents. Developer’s duty to defend and hold harmless, as set forth herein, shall include the duty to defend as set forth in California Civil Code Section 2778. This indemnification obligation shall survive termination of this Agreement and is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the Developer or its agents under insurance policies or workers’ compensation acts, disability benefits acts or other employees’ benefits acts. If any judgment or claim against the City, its officials, agents, or employees, shall be entered, Developer shall pay all cost and expenses in connection therewith. 14. DEFAULT. The failure to maintain the Improvements will constitute an event of default. Upon such event of default, the City shall provide written notice to the Developer. Upon receipt of the written notice, the Developer shall have thirty (30) days to remedy such event of default (or such longer period of time as may reasonably be required, provided that the Developer shall commence to remedy such default within thirty (30) days period and thereafter diligently prosecute such remedy to completion). If the Developer fails to remedy the event of default within the prescribed time period, the City shall have the right to do all work necessary to remedy the event of default and charge the Developer actual costs incurred by the City for such work. 15. ASSIGNMENT BY CITY. The City shall have the right at its option to assign its rights and obligations under this Agreement to another public agency without consent of the Developer. 16. AGREEMENT ATTACHES TO LAND AND BINDS DEVELOPER’S SUCCESSORS AND ASSIGNS. This Agreement attaches to and runs with the Property in perpetuity, and shall be recorded against the Property. This Agreement binds the assigns and successors-in-interest of the Developer. The City and its successors and assigns, in the event of any breach of this Agreement, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings against the Developer or its permitted successors and assigns to enforce the curing of such breach. 7 17. ASSIGNMENT BY DEVELOPER. Except in connection with a sale of the Property, the Developer may assign its obligations under this Agreement only with the prior written approval of the City. In connection with any such assignment, the Developer and its assignee shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney 18. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or three (3) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: To the Developer: Antheia, LP 100 Shoreline Highway, Building B, Suite 100 Mill Valley, CA 94941 Attn: Anthony Saris To the City: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attn: City Manager With a copy to: Michelle Marchetta Kenyon Rohnert Park City Attorney 1901 Harrison Street Oakland, California 94612 19. MISCELLANEOUS. a. Entire Agreement, Amendments. This Agreement contains the entire understanding and agreement of the parties. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement. b. Paragraph Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof. c. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of Sonoma. d. Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties. e. Exhibits. Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference. f. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. 8 g. Authority. Each person 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. h. No Agency Relationship. Neither the Developer nor any of the Developer’s agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of any of the Developer’s obligations under this Agreement. Nor shall City and Developer, be deemed to have become a partner of each other in the conduct of their respective business or otherwise a joint venture. i. Attorneys’ Fees and Costs. Either Party may bring a lawsuit to enforce or require performance of the terms of this Agreement, and the prevailing party in such suit or proceeding shall be entitled to recover from the other party’s reasonable costs and expenses, including attorneys’ fees. [SIGNATURES ON FOLLOWING PAGE] ITEM NO. 1 Meeting Date: December 22, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: PUBLIC HEARING: University District Specific Plan Project (File No. PL2012-048DA) – Consideration of a first amendment to the Development Agreement between the City of Rohnert Park and University District LLC and Vast Oak Properties L.P. regarding the Affordable Housing Plan in connection with development of the property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131-019, and 047-131-024 and -025) and the property located south of Rohnert Park Expressway, east of J Section, and north of Copeland Creek (APN 047-131-026 and 047-131- 027). RECOMMENDED ACTION: Introduce Ordinance No. 894 approving a first amendment to the Amended and Restated Development Agreement between the City of Rohnert Park and University District LLC and Vast Oak Properties L.P. regarding the Affordable Housing Plan in connection with development of the property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131- 019, and 047-131-024 and -025) and the property located south of Rohnert Park Expressway, east of J Section, and north of Copeland Creek (APN 047-131-026 and 047-131-027). BACKGROUND: The University District Specific Plan (UDSP) is one of five specific plan areas designated in the City’s General Plan for future development. The UDSP includes approximately 300 acres of lands owned by five property owners (University District LLC, Vast Oak Properties, Cotati-Rohnert Park Unified School District, Gee, and Linden) in the City of Rohnert Park. In 2006, the UDSP document (“Specific Plan”) was approved and associated General Plan amendments were adopted and implemented. The adopted Specific Plan addresses the land use and development standards for the UDSP area, which was annexed to the City in 2006. The approved Specific Plan allowed a maximum of 1,645 residential units (excluding second residential units) and a maximum of 175,000 square feet (sf) of building area. An Environmental Impact Report (EIR) was prepared and adopted by the City in conjunction with the 2006 approval of the Specific Plan. 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. 2 In April 2014, the City Council approved revisions to the adopted Specific Plan, including the Development Standards and Design Guidelines. As part of the approval process, the City Council also approved an Addendum to the UDSP EIR and approved the following entitlements: Rescission of Tentative Maps and Development Area Plans approved in 2006; General Plan Amendments; Revised Specific Plan, Development Standards and Design Guidelines; Tentative Map; Tentative Parcel Map; and Development Agreement (DA). The DA executed between the City, Vast Oak Properties, and University District LLC for development of the Vast Oak and UD LLC properties establishes the benefits and commitments connected with the entitlement to and build out of the UDSP Project. The original DA was entered into on July 11, 2006 and the amended and restated DA was entered into on April 22, 2014. The amended and restated DA provides for the requirements of the law and includes special conditions providing for the timely funding of infrastructure as well as on-going maintenance and operation of public facilities in the Project area. Included as Exhibit D to the amended and restated DA is the Affordable Housing Plan, in which the Project proponent outlines how the City’s Inclusionary Housing Ordinance will be met through the provision of 218 affordable apartment units. The Affordable Housing Plan states that the Project proponent will develop the apartment units or donate the High Density Residential site to a non-profit affordable housing developer for construction of the affordable units. The site would be sheet-graded and utilities would be stubbed to the site. The Project proponent has requested revisions to the Affordable Housing Plan that modify the timing of dedications to an affordable housing developer. Staff and the Project proponent have negotiated the request and are bringing forward a proposed amendment to the DA that will both respond to the proponent’s request and strengthen the City’s leverage to ensure that timing for construction of affordable housing is met. PLANNING COMMISSION ACTION: On December 10, 2015, the Planning Commission held a public hearing to consider its recommendation to the City Council on the revisions to the UDSP DA. The Planning Commission meeting included a presentation from City staff and an opportunity for public comment. No public comments were received on the proposed amendment. At the conclusion of public hearing, the Planning Commission unanimously voted to approve a resolution recommending that the City Council adopt an ordinance approving the amended Development Agreement. The Recommended Actions section of this report reflects the Planning Commission action. PROPOSAL AND ANALYSIS: As currently written, the Affordable Housing Plan outlines the following program for ensuring construction of the affordable units. 1. Within 180 days of approval of the amended and restated DA, the Developer shall offer the affordable housing site for dedication to the City or to an affordable housing developer; 2. Prior to donation of the land, it shall be sheet graded with stubbed utilities; ITEM NO. 3 3. The affordable housing developer shall have documented qualifications approved by the City; 4. Concurrently with the recording of the first final map for the Vast Oak Property, the Developer shall transfer the fee interest in the property to the affordable housing developer; 5. If the affordable housing developer has not commenced construction of the affordable units within 3 years of issuance of the first market-rate building permit, the Developer shall repurchase the site and commence construction itself; and 6. The City may withhold the issuance of the final 50 (fifty) market-rate building permits for the Project until construction of the affordable apartment complex is complete. The Developer has offered the affordable housing site to the City (see Attachment 1), which satisfies the first requirement. The Developer has sheet graded the site, although utilities are not yet extended to its limits. The Developer has also been negotiating with Burbank Housing Development Corporation (Burbank), an affordable housing developer that is acceptable to the City and which has the qualifications required by the Affordable Housing Plan, satisfying the third requirement. The Developer and Burbank have executed a Letter of Intent to develop an affordable housing project consistent with the requirements of the Affordable Housing Plan (see Attachment 2). While the Letter of Intent is an important demonstration of the commitment to complete the affordable housing units, it is not the binding transfer agreement required by the Affordable Housing Plan. In order to allow the first Final Map to move forward, staff and the Developer have negotiated the following revised Affordable Housing Plan. 1. Within 180 days of approval of the amended and restated DA, the Developer shall offer the affordable housing site for dedication to the City or an affordable housing developer. This requirement is unchanged and satisfied. 2. Prior to donation of the land, it shall be sheet graded. This requirement has been modified to remove stubbed utilities and is satisfied. 3. The affordable housing developer shall have documented qualifications approved by the City. This requirement is unchanged and satisfied. 4. Concurrently with the recording of the first final map for the Vast Oak Property, the Developer shall enter into a Letter of Intent with the approved affordable housing developer. This is a new requirement which reduces the Developer’s obligations prior to first final map. 5. Not later than the recording of the final map for the second phase of development on the Vast Oak Property, the Developer shall transfer the fee interest in the property to the affordable housing developer. This is a new requirement which increases the Developer’s obligations prior to the final map for the second phase of development and ensures that fee interest is transferred before the second final map. ITEM NO. 4 6. If the affordable housing developer has not commenced construction of the affordable units within 3 years of issuance of the first market-rate building permit, the Developer shall repurchase the site and commence construction itself. This requirement is unchanged so that even with the proposed modification to the Affordable Housing Plan, construction will commence within 3 years of issuance of the first market-rate building permit. 7. The City may withhold the issuance of the final 400 market-rate building permits for market-rate residential units in the Project until construction of the affordable apartment complex is complete. This requirement has been modified to allow the City to withhold up to 400 building permits if the affordable housing units are not completed. This modified requirement significantly increases the City’s ability to ensure that the affordable housing units are completed. The proposed Development Agreement amendment does reduce the Developer’s burden prior to the recording of the first final map. However, the timing requirement to begin the actual construction of the affordable units remains unchanged and with the proposed amendment, the City gains significant leverage to ensure that the affordable units are actually constructed in a timely fashion. Staff believes this proposed amendment balances the goal of beginning construction on market rate units within the University District with ensuring that the affordable housing is constructed in a manner that does not compromise the City’s commitment to timely construction of affordable housing. ENVIRONMENTAL ANALYSIS: Pursuant to the California Environmental Quality Act (CEQA), the City of Rohnert Park, as the lead agency, has previously conducted an environmental review of the Project. The City prepared an EIR to address the potentially significant adverse environmental impacts that may be associated with the planning, construction, or operation of the Project and to identify appropriate and feasible mitigation measures and alternatives that may be adopted to significantly reduce or avoid the impacts identified in the EIR. The City certified the Final EIR on May 23, 2006 and approved an Addendum to the Final EIR on April 8, 2014. The proposed Development Agreement amendment involves no substantial changes in the project, substantial changes with respect to the circumstances under which the Project will be undertaken or new information of substantial importance of the kind that would require additional environmental review pursuant to Section 15162 of the CEQA Guidelines. PUBLIC HEARING NOTIFICATION AND INFORMATION: A public hearing notice denoting the time, date and location of this hearing was published in the Community Voice on December 11, 2015 prior to this Council meeting. Property owners within 300 feet of the Project site and interested parties requesting notification were also mailed notices, and notice was posted pursuant to state law. OPTIONS CONSIDERED: Do not approve the proposed ordinance approving the first amendment to the Development Agreement, and retain the 2014 approved agreement. This ITEM NO. 5 option would delay the approval of the first final map for the University District and is not recommended. FISCAL IMPACT/FUNDING SOURCE: None, the applicant/developer pays their own costs to process the application and to develop the property including the required infrastructure. Department Head Approval Date: 12/08/15 City Manager Approval Date: 12/10/15 City Attorney Approval Date: 12/16/15 Finance Director Approval Date: NA Attachments (list in packet assembly order): A. Offer of Affordable Housing Site Dedication to the City B. Letter of Intent 9.22 acre Vast Oak Property Inclusionary housing site C. Ordinance No. 894 (Development Agreement) D. First Amendment to the Amended and Restated Development Agreement 1 ORDINANCE NO. 894 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND VAST OAK PROPERTIES L.P. AND UNIVERSITY DISTRICT LLC, REGARDING THE AFFORDABLE HOUSING PLAN, IN CONNECTION WITH THE DEVELOPMENT OF THE PROPERTY LOCATED SOUTH OF KEISER AVENUE, WEST OF PETALUMA HILL ROAD, AND NORTH OF ROHNERT PARK EXPRESSWAY (APN 045-262-001 THROUGH -004, 047-131-019, AND 047-131-024 AND -025) AND THE PROPERTY LOCATED SOUTH OF ROHNERT PARK EXPRESSWAY, EAST OF J SECTION, AND NORTH OF COPELAND CREEK (APN 047-131-026 AND 047-131-027) WHEREAS, Government Code § 65864, et seq., authorizes the City of Rohnert Park to enter into development agreements which will provide certainty, definition and commitment to developers as well as provide for necessary public improvements required by development; WHEREAS, Vast Oak Properties L.P. and University District LLC (collectively, “Developer”) submitted applications to the City of Rohnert Park for a General Plan Amendment, Specific Plan, Tentative Map and rezoning for real property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131-019, and 047-131-024 and -025) and the property located south of Rohnert Park Expressway, east of J section, and north of Copeland Creek (APN 047-131-026 and 047-131- 027), (the “Property”); WHEREAS, on April 8, 2014, the City Council approved those applications allowing development of the Property, which includes 1,645 residential units, approximately 100,000 square feet of commercial space, and approximately 20 acres of park and open space (the “Project”); WHEREAS, in connection with the Project, Developer and City staff negotiated a development agreement (“Development Agreement”) in accordance with the requirements of Government Code § 65864, et seq., and Chapter 17.21, “Development Agreement Procedure,” of the Rohnert Park Municipal Code (“RPMC”), for the Property; WHEREAS, on April 8, 2014, the City Council reviewed and approved an Addendum to certified the Final Environmental Impact Report prepared for the Project; and has otherwise carried out all requirements for the Project pursuant to CEQA; WHEREAS, on April 22, 2014, the City Council considered and adopted Ordinance No. 878 approving a Development Agreement between the City of Rohnert Park and Vast Oak Properties L.P. and University District LLC; WHEREAS, the Developer filed Planning Application No. PL2012-048DA Amend proposing a First Amendment to the Development Agreement between the City of Rohnert Park and the Developer (“Development Agreement Amendment”), in connection with Specific Plan 2 for the property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131-019, and 047-131-024 and -025) and the property located south of Rohnert Park Expressway, east of J section, and north of Copeland Creek (APN 047-131-026 and 047-131-027); WHEREAS, on December 10, 2015 the Planning Commission held a public hearing at which time the Planning Commission reviewed the proposed Development Agreement Amendment and recommended approval by the City Council; WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on December 22, 2015 the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposed Development Agreement Amendment; WHEREAS, the City Council has reviewed and considered the information contained in proposed Development Agreement Amendment. NOW, THEREFORE the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Findings for Adoption of Development Agreement Amendment The City Council has reviewed Planning Application No. PL2012-048DA Amend and the proposed Development Agreement Amendment and hereby makes the following findings: A. A duly noticed public hearing regarding the proposed Development Agreement Amendment was held by the City Council on December 22, 2015 in conformance with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. B. The Development Agreement Amendment (attached as Exhibit A) is consistent with the General Plan and the University District Specific Plan and would continue to direct the Project's development in an orderly manner that benefits the City. C. Pursuant to RPMC Section 17.21.040, the following factors have been taken into consideration, as applicable, with respect to the Development Agreement Amendment: other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; ability of the applicant to fulfill public facilities financing plan obligations; the relationship of the project to the city's growth management program; the provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessible to the public; the type and magnitude of the project's economic effects to the city of Rohnert Park; and the contribution if any toward meeting the city's housing needs. 3 D. The City Council has certified a Final Environmental Impact Report for the University District Specific Plan, which evaluated the impacts of the Project, including implementation of this ordinance, and adopted associated CEQA Findings, a Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program in Resolution No. 2006- 141. Further, an Addendum to the Final Environmental Impact Report was approved in Resolution No. 2014-032. The proposed Development Agreement Amendment involves no substantial changes in the project, substantial changes with respect to the circumstances under which the Project will be undertaken or new information of substantial importance of the kind that would require additional environmental review pursuant to Section 15162 of the CEQA Guidelines. SECTION 2. Adoption of Development Agreement Amendment The City hereby adopts the Development Agreement Amendment in substantially similar form as attached hereto and incorporated herein as Exhibit A. SECTION 3. Compliance with State Law A. The City will act in accordance with the provisions of Government Code §§ 65856(e) and 66006. B. In accordance with Government Code §§ 65868.5, no later than 10 days after the City enters into the Development Agreement Amendment, the City Clerk will record the Development Agreement Amendment with the County Recorder. C. In accordance with Government Code §§ 65865.1 and RPMC Section 17.21.050(A), the City will conduct an annual review of the Development Agreement, as amended by the Development Agreement Amendment, to ensure compliance with the terms. SECTION 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. This ordinance was introduced by the Council of the City of Rohnert Park on December 22, 2015, and was adopted on January 12, 2016 by the following roll call vote: 4 AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ___________________________ Gina Belforte, Mayor ATTEST: JoAnne M. Buergler, City Clerk Attachment: Exhibit A APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney OAK #4812-3723-5499 v1 1 EXHIBIT A TO ORDINANCE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928-2486 Attention: City Clerk Space Above This Line Reserved for Recorder’s Use Exempt from Recording Fee Per Government Code Section 27383 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First Amendment”) is entered into as of the ____ day of ______________, 2015, by and among UNIVERSITY DISTRICT LLC, a Delaware limited liability company (“UD”), VAST OAK PROPERTIES L.P., a California limited partnership (“VO”) and the CITY OF ROHNERT PARK, a California municipal corporation (“City”). UD and VO are sometimes collectively referred to herein as “Developer,” and City and Developer are sometimes herein referred to as a “Party” and collectively as “Parties.” RECITALS A. The Parties have previously entered into that certain Amended and Restated Development Agreement by and among UD, VO and the City as of April 22, 2014 and recorded on July 28, 2014, as Instrument No. 2014051817 in the Official Records of Sonoma County (“Development Agreement”). B. The Parties now desire to amend the Development Agreement for the purposes of revising Exhibit D regarding the timing of affordable housing obligations. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: Defined Terms. All capitalized terms used and not otherwise defined in the First 1. Amendment shall have the same meaning in this First Amendment as in the Development Agreement. Amendment of Exhibit D. Exhibit D to the Development Agreement is hereby 2. deleted in its entirety and replaced with Exhibit D-1, attached hereto and incorporated herein by this reference. OAK #4812-3723-5499 v1 2 Effect of First Amendment. Except to the extent the Development Agreement is 3. modified by this First Amendment, the remaining terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Development Agreement and the terms of this First Amendment, the terms of this First Amendment shall prevail. Counterparts. This First Amendment may be executed in counterparts, each of 4. which shall be deemed an original, but all of which together shall constitute one and the same First Amendment. Recordation of First Amendment to Development Agreement. The City Clerk 5. shall record an executed copy of this Amendment in the Official Records of the County of Sonoma. [SIGNATURES ARE ON FOLLOWING PAGE] OAK #4812-3723-5499 v1 3 IN WITNESS WHEREOF, this First Amendment has been entered into by and between Developer and City as of the day and year first above written. CITY: City of Rohnert Park, a California municipal corporation By: City Manager Approved as to Form: By: City Attorney Attest: By: City Clerk DEVELOPER: UNIVERSITY DISTRICT LLC, a Delaware limited liability company By: Name: Title: VAST OAK PROPERTIES L.P., a California limited partnership By: Name: Title: OAK #4812-3723-5499 v1 Acknowledgment NOTARY ACKNOWLEDGMENTS State of California ) ) ss County of ___________ ) On , before me,___________________________________________, (Name of Notary) notary public, 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. (Notary Signature) 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. OAK #4812-3723-5499 v1 Acknowledgment State of California ) ) ss County of ___________ ) On , before me,___________________________________________, (Name of Notary) notary public, 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. (Notary Signature) 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. OAK #4812-3723-5499 v1 Exhibit D-1 EXHIBIT D-1 REVISED AFFORDABLE HOUSING PLAN I. INTRODUCTION The Project has been designed to substantially increase the housing stock in the City and to help alleviate the City’s need for housing affordable to Very Low, Low, and Moderate Income Households. Subject to potential adjustment as provided in Section IX below, Developer agrees to provide 15% of the total Project as Affordable Units in the Project, consisting of two hundred and eighteen (218) Affordable Apartments as defined in the City’s Inclusionary Ordinance. Unless otherwise defined herein, capitalized terms contained in this Affordable Housing Plan shall have the meaning given to such terms in the Amended and Restated Agreement. II. AFFORDABLE APARTMENT COMPLEX A. Obligation to Construct. The Developer shall either (1) construct the Affordable Apartments on dedicated parcels comprising the VO property in accordance with the plans and specifications approved by the City, or (2) dedicate land within the VO property, as solely determined by the Developer, to one or more non-profit housing developers in lieu of Developer’s construction of the Affordable Apartments. (1) In the event that Developer decides to donate the land to an affordable housing developer, prior to donating the land to the non-profit, Developer shall confirm that the land is appropriately zoned, buildable, free of toxic substances and contaminated soils. Developer shall dedicate the land provided for under this Section II.A. (1) in such size as to satisfy the 15% Affordable Housing Requirement for 1,454 total Vast Oak and UDLLC units, and (2) within 180 days of the approval of the Ordinance adopting the Amended and Restated Agreement either: i) offer the land for dedication to an affordable housing developer interested in developing the Affordable Apartment Complex; or ii) offer to dedicate to the City the land necessary for the construction of the Affordable Apartment Complex. Prior to donating this land to the non-profit, the Developer shall ensure that the land is sheet grated super pad lots. The non-profit to whom the Developer donates the land shall have a minimum of five years’ experience in development, ownership, operation, and management of similar sized affordable rental housing projects, and shall demonstrate that it has the capacity to construct and operate the affordable housing apartments. (2) Concurrently with recordation of the first final map for the Vast Oak Property, Developer provide a Letter of Intent to transfer the fee interest in the Affordable Apartment Complex site to an affordable housing developer selected by Developer and approved by the City Manager or his or her designee in his or her reasonable discretion. The City Manager or his or her designee shall not withhold approval of the affordable housing developer provided the proposed affordable housing developer (i) has at least five (5) year’s experience in the development, ownership, operation and management of similar size affordable rental housing projects, (ii) does not have any record of material violations of discrimination restrictions or OAK #4812-3723-5499 v1 Exhibit D-2 other state or federal laws or regulations or local governmental requirements applicable to such projects, and (iii) has the financial capability to develop and operate the Affordable Apartment Complex. Developer shall remain obligated to construct the Affordable Apartment Complex and shall, therefore, retain the right and option to repurchase the Apartment Site from the designated affordable housing developer. Not later than the recordation of the final map for the second phase of development on the Vast Oak Property, Developer shall transfer the fee interest in the Affordable Apartment Complex site to the designated affordable housing developer. Regardless of when the site is transferred, if Developer’s designated affordable housing developer has not commenced construction of the Affordable Apartment Complex, as demonstrated by the pouring of foundations, within three years of issuance of the first building permit for the Project, Developer, at its expense, will repurchase the Apartment Site from the designated affordable housing developer and commence and complete the construction of the Apartment Complex as soon as possible, but in any event within six years after issuance of the first building permit for the Project. Developer acknowledges and agrees that City shall have the right to withhold issuance of building permits for the last 400 market-rate residential units in the Project until such time as construction of the Affordable Apartment Complex has been satisfactorily completed as evidenced by a final certificate of occupancy. (3) Irrespective of the entity that constructs the Affordable Apartments, construction shall be completed no later than completion of the market-rate units that are part of the Project. In recognition of the fact that Developer may phase construction of the market-rate or commercial units, for purposes of this Affordable Housing Plan, the phrase “completed no later than market-rate units” shall mean no later than the City’s issuance of the 850th cumulative market-rate residential unit building permit. (4) The Developer shall provide in its transfer documents donating land within its Project to a non-profit housing developer for a reversion in fee to Developer of the land upon which the Affordable Apartments are to be constructed if the Affordable Apartments have not been constructed as required by this Affordable Housing Plan. If the non-profit housing developer has not completed construction of the Affordable Apartments as set forth in this Affordable Housing Plan, then the Developer will be required to complete construction of the Affordable Apartments itself. Developer shall do so at Developer’s sole expense, and Developer shall complete construction of the Affordable Apartments no later than issuance of the building permit for the 850th cumulative market-rate unit. (5) City shall not be obligated to issue any additional building permits to Developer beyond the 850th cumulative market-rate building permit until the Affordable Apartments are satisfactorily completed, as evidenced by a final certificate of occupancy, according to the terms of the Amended and Restated Agreement and this Affordable Housing Plan. B. Affordability. Subject to adjustment as provided in Section VI, below, the Affordable Apartment Complex shall contain Two Hundred and Eighteen (218) Affordable Apartments located on one site on the VO North Property. Fifty percent (50%) of the Affordable Apartments shall be rented to Very Low Income Households at an Affordable Rent. The remaining fifty percent (50%) of the Affordable Apartments shall be rented to Low Income Households at an Affordable Rent. OAK #4812-3723-5499 v1 Exhibit D-3 C. Affordable Housing Agreement. Affordable rental properties shall be restricted for 55 years as is required by the Rohnert Park Municipal Code. In order to ensure that these affordability restrictions remain in place, the Developer or the non-profit to whom the Developer donates the land, shall enter into an Affordable Housing Agreement with the City in a form and content acceptable to the City Attorney. The Affordable Housing Agreement shall be recorded against the Affordable Apartments land or project site prior to the issuance of the building permit for the 850th market- rate residential unit. The Affordable Housing Agreement shall include at least the following terms: 1. The requirement to construct the Affordable Apartment Complex as provided herein; 2. Provisions restricting the rental of the Affordable Apartments to Low and Very Low Income Households at an Affordable Rent as defined by the Rohnert Park Municipal Code for a period of 55 years; 3. Non-discrimination covenants; 4. Provisions requiring income certification before the lease of any Affordable Apartment Units and recertification every year thereafter; 5. Provisions requiring the submittal of certificates of continuing program compliance to the City on at least an annual basis; 6. Restrictions on the ability to transfer the Affordable Apartment Complex; 7. Maintenance and management requirements, including City remedies following notice and opportunity to cure; 8. Provisions regarding the marketing of the Affordable Apartments, including any approved preference program, as set forth in Section II(E) below. D. Quality/Standards. The Affordable Apartments shall be of high architectural quality, effectively and aesthetically designed and constructed in a workmanlike manner with professionally rendered finishes. The Affordable Apartments shall be indistinguishable from the comparable market rate condominiums in exterior and interior design, quality, materials, fixtures and architectural elements (other than interior flooring materials, countertops, cabinetry and appliances which shall be high quality, but need not be identical to the market rate condominiums). At least eighty percent (80%) of the Affordable Apartments shall be 2-bedroom/2-bath units or larger, and at least ten percent (10%) shall be 3-bedroom/2-bath units. Developer shall use best efforts to increase number of 3-bedroom/2-bath units by converting 2-bedroom/2-bath units where feasible to do so within the design/footprint. OAK #4812-3723-5499 v1 Exhibit D-4 E. Marketing/Implementation. Developer or its designated affordable housing developer shall prepare and implement a marketing and implementation plan for the rental of the Affordable Apartments. The plan must be in a form and content reasonably acceptable to the City and include, among other things, the following: 1. A plan to market the Affordable Apartments to eligible households; 2. Procedures for the rental of the Affordable Apartments, including the slotting of applications and creation of a waiting list, eligibility determination, income certification and annual recertifications; and 3. To the extent permitted by law, a preference program, whereby Developer shall give preference in the rental of the Affordable Apartments first to nurses, Cotati/Rohnert Park Unified School district staff and faculty, peace officers as defined by Penal Code section 830.1(a) and persons employed as firefighters, who live or work in the City; second to other income qualified City municipal employees; third to income qualified employees of Sonoma State University; fourth to persons who live and work in Rohnert Park; fifth to persons who live in Rohnert Park; sixth to persons who work in Rohnert Park; and seventh to all others. III. IN-LIEU FEES In the event that the City adopts any other affordable or inclusionary housing ordinance, including an in-lieu fee that would apply to the Project, Developer may, in its sole discretion, comply with any future adopted form of affordable or inclusionary housing ordinance through the payment of in-lieu fees. IV. COMPLIANCE MONITORING Commencing one year after the Effective Date and every year through the Term, Developer shall submit an annual implementation plan to the City summarizing the status of compliance with the Affordable Housing Plan, including status of construction and rental of the Affordable Units and status of construction of the affordable Second Units. This compliance can be included within the Annual Review of the Amended and Restated Agreement. The Developer shall submit the required Processing Fees to cover the City’s costs to review and monitor the Developer’s compliance with the Affordable Housing Plan. V. DEVELOPER’S OBLIGATION The obligations set forth in this Affordable Housing Plan are the obligations of Developer, who shall be responsible for fulfilling them at Developer’s sole cost and expense. Neither the City nor the Rohnert Park Community Development Agency will have any obligation to assist in the development of any of the Affordable Apartment Units or Second Units. Developer shall provide any and all subsidies necessary to construct the Affordable Units and Second Units and to comply with all provisions of this Affordable Housing Plan. OAK #4812-3723-5499 v1 Exhibit D-5 VI. PRIORITY The Affordable Housing Agreements described above shall be superior to any mortgage, deed of trust, lien or other encumbrance (other than the lien for current taxes or assessments not yet due) recorded against the Property, and shall be enforceable against any party who has acquired its title by foreclosure, trustee’s sale, voluntary conveyance or otherwise. If so requested by City, Developer or its successor shall execute and agree to the recording of a subordination agreement evidencing the provisions of this Section VI. VII. ADJUSTMENT A. General. The Developer may seek a reduction, adjustment, or waiver of these Affordable Housing requirements as is set forth in Rohnert Park Municipal Code Section 17.07.020, footnote (N), subsection 15. Furthermore, the Developer may elect to satisfy its affordable housing requirements, at Developer’s sole discretion, by constructing the Affordable Units or dedicating the property in Vast Oak North for the Affordable Apartments. B. Potential Reduction in Affordable Units. Developer is obligated to provide 218 Affordable Apartments in accordance with the City Inclusionary Ordinance. In the event that the anticipated total number of attached and detached market rate residential units is reduced through subdivision mapping or other approval processes, the number of Affordable Apartments and Affordable Units required to be developed within the Project will be reduced proportionately, with any fractional units rounded up to the nearest whole number. 1 ORDINANCE NO. 894 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND VAST OAK PROPERTIES L.P. AND UNIVERSITY DISTRICT LLC, REGARDING THE AFFORDABLE HOUSING PLAN, IN CONNECTION WITH THE DEVELOPMENT OF THE PROPERTY LOCATED SOUTH OF KEISER AVENUE, WEST OF PETALUMA HILL ROAD, AND NORTH OF ROHNERT PARK EXPRESSWAY (APN 045-262-001 THROUGH -004, 047-131-019, AND 047-131-024 AND -025) AND THE PROPERTY LOCATED SOUTH OF ROHNERT PARK EXPRESSWAY, EAST OF J SECTION, AND NORTH OF COPELAND CREEK (APN 047-131-026 AND 047-131-027) WHEREAS, Government Code § 65864, et seq., authorizes the City of Rohnert Park to enter into development agreements which will provide certainty, definition and commitment to developers as well as provide for necessary public improvements required by development; WHEREAS, Vast Oak Properties L.P. and University District LLC (collectively, “Developer”) submitted applications to the City of Rohnert Park for a General Plan Amendment, Specific Plan, Tentative Map and rezoning for real property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131-019, and 047-131-024 and -025) and the property located south of Rohnert Park Expressway, east of J section, and north of Copeland Creek (APN 047-131-026 and 047-131- 027), (the “Property”); WHEREAS, on April 8, 2014, the City Council approved those applications allowing development of the Property, which includes 1,645 residential units, approximately 100,000 square feet of commercial space, and approximately 20 acres of park and open space (the “Project”); WHEREAS, in connection with the Project, Developer and City staff negotiated a development agreement (“Development Agreement”) in accordance with the requirements of Government Code § 65864, et seq., and Chapter 17.21, “Development Agreement Procedure,” of the Rohnert Park Municipal Code (“RPMC”), for the Property; WHEREAS, on April 8, 2014, the City Council reviewed and approved an Addendum to certified the Final Environmental Impact Report prepared for the Project; and has otherwise carried out all requirements for the Project pursuant to CEQA; WHEREAS, on April 22, 2014, the City Council considered and adopted Ordinance No. 878 approving a Development Agreement between the City of Rohnert Park and Vast Oak Properties L.P. and University District LLC; WHEREAS, the Developer filed Planning Application No. PL2012-048DA Amend proposing a First Amendment to the Development Agreement between the City of Rohnert Park and the Developer (“Development Agreement Amendment”), in connection with Specific Plan 2 for the property located south of Keiser Avenue, west of Petaluma Hill Road, and north of Rohnert Park Expressway (APN 045-262-001 through -004, 047-131-019, and 047-131-024 and -025) and the property located south of Rohnert Park Expressway, east of J section, and north of Copeland Creek (APN 047-131-026 and 047-131-027); WHEREAS, on December 10, 2015 the Planning Commission held a public hearing at which time the Planning Commission reviewed the proposed Development Agreement Amendment and recommended approval by the City Council; WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on December 22, 2015 the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposed Development Agreement Amendment; WHEREAS, the City Council has reviewed and considered the information contained in proposed Development Agreement Amendment. NOW, THEREFORE the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Findings for Adoption of Development Agreement Amendment The City Council has reviewed Planning Application No. PL2012-048DA Amend and the proposed Development Agreement Amendment and hereby makes the following findings: A. A duly noticed public hearing regarding the proposed Development Agreement Amendment was held by the City Council on December 22, 2015 in conformance with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. B. The Development Agreement Amendment (attached as Exhibit A) is consistent with the General Plan and the University District Specific Plan and would continue to direct the Project's development in an orderly manner that benefits the City. C. Pursuant to RPMC Section 17.21.040, the following factors have been taken into consideration, as applicable, with respect to the Development Agreement Amendment: other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; ability of the applicant to fulfill public facilities financing plan obligations; the relationship of the project to the city's growth management program; the provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessible to the public; the type and magnitude of the project's economic effects to the city of Rohnert Park; and the contribution if any toward meeting the city's housing needs. 3 D. The City Council has certified a Final Environmental Impact Report for the University District Specific Plan, which evaluated the impacts of the Project, including implementation of this ordinance, and adopted associated CEQA Findings, a Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program in Resolution No. 2006- 141. Further, an Addendum to the Final Environmental Impact Report was approved in Resolution No. 2014-032. The proposed Development Agreement Amendment involves no substantial changes in the project, substantial changes with respect to the circumstances under which the Project will be undertaken or new information of substantial importance of the kind that would require additional environmental review pursuant to Section 15162 of the CEQA Guidelines. SECTION 2. Adoption of Development Agreement Amendment The City hereby adopts the Development Agreement Amendment in substantially similar form as attached hereto and incorporated herein as Exhibit A. SECTION 3. Compliance with State Law A. The City will act in accordance with the provisions of Government Code §§ 65856(e) and 66006. B. In accordance with Government Code §§ 65868.5, no later than 10 days after the City enters into the Development Agreement Amendment, the City Clerk will record the Development Agreement Amendment with the County Recorder. C. In accordance with Government Code §§ 65865.1 and RPMC Section 17.21.050(A), the City will conduct an annual review of the Development Agreement, as amended by the Development Agreement Amendment, to ensure compliance with the terms. SECTION 4. Actions to Effectuate. The City Manager is hereby authorized and directed to provide written consent and certifications, execute documents and take other actions on behalf of City, which are not expressly and specifically reserved for the City Council, to implement and effectuate the terms of the Development Agreement, as may be amended. SECTION 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases . 4 SECTION 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. This ordinance was introduced by the Council of the City of Rohnert Park on December 22, 2015, and was adopted on January 12, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ___________________________ Gina Belforte, Mayor ATTEST: JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney ITEM NO. ______ 1 Meeting Date: December 22, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving Final Maps for Vast Oaks Phase 1 Development (University District Specific Plan Area) and Taking Various Related Actions RECOMMENDED ACTION: Adopt the following Resolutions in order: 1. Resolution Authorizing the City Manager to Accept the Grant Deeds Conveying 53 Acres for a Water Tank Site from University District LLC and Right-of-Way for Keiser Avenue from Vast Oak Properties LP and To Take Other Actions Necessary to Close Escrow 2. Resolution Approving Vast Oak Final Map Phase 1-A, Vast Oak Final Map Phase 1-B, Vast Oak Final Map Phase 1-C and Vast Oak Final Map Phase 1- D and Accepting Offers of Dedication for Public Right-of-Way, Public Parks, Public Utility Easements, Public Access Easements, Drainage Easements and Public Storm Drain and Sewer Easements 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. Over the course of the past year the Developer has been working to satisfy the Tentative Map Conditions and Development Agreement requirements in order to secure a Final Map for the first phase of development. Specifically, the Developer has extended all required utilities to the site and is completing the site work necessary to support the creation of 399 single-family residential lots in its first development phase known as Vast Oaks Phase 1. The Developer has applied for and received Planning Commission and City Council approval for the Development Area Plans that will guide the overall building and landscape standards for the development and has received Planning Commission approval for its model home complex. At this time the Developer is seeking approval of its Final Map and is making the property dedications, maintenance commitments and construction commitments necessary to fully satisfy its Conditions of Approval and Development Agreement requirements. (See Attachment 1 – Location and Vicinity Map). ANALYSIS: The Developer has prepared a Final Map and submitted it to the City for review. The map has been checked for technical accuracy and conformance with the Tentative Map. 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. ______ 2 Map includes the required street right-of-way dedications, park land dedications and easement dedications in favor of the City. Pursuant to Municipal Code section 16.10.200, the Developer has also submitted (1) a certificate from the county tax collector stating that all taxes and assessments due have been paid pursuant to Government Code section 66492, and (2) verification that it has executed and filed with the clerk of the county board of supervisors security for taxes and assessments pursuant to Government Code section 66493. Pursuant to Municipal Code section 16.14.020(K)(3), the final map has been reviewed by the Parks and Recreation Commission and it has made its recommendations to the City Engineer regarding the Final Map (see Attachment 2). The Tentative Map conditions require the Developer to dedicate the right-of-way necessary to allow for the improvement of Keiser Avenue (see Attachment 1). The Developer has agreed to deed this right-of-way to the City and staff is requesting Council’s approval to accept the dedication. The Development Agreement requires the Developer to dedicate a 53 acre parcel east of Petaluma Hill Road to the City (known as the Anderson 53 and illustrated on Attachment 1). This site will provide protected open space and allow for the construction of the water storage tank necessary to serve the development and the construction of a regional detention basin on Copeland Creek that is currently being planned and designed by the Sonoma County Water Agency with a grant from the North Coast Resource Partnership. The Developer has agreed to deed this site to the City and opened an escrow to complete the transfer in accordance with the requirements of the Development Agreement. ENVIRONMENTAL ANALYSIS: The proposed land dedications and Final Map will allow for the development of 399 single family lots. This development was included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated July 2005) for the University District Specific Plan and analyzed in that document. The description of the development 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. OPTIONS CONSIDERED: None. The approval of the Final Maps is an administrative action and not a discretionary action. The City is required to approve the Final Maps once the required Conditions of Approval have been met. The City Engineer has determined that all required conditions and requirements have been met and recommends that the Final Maps be approved. FISCAL IMPACT/FUNDING SOURCE: In accordance with the City’s General Plan policies, development within the University District Specific Plan Area has been designed to minimize impacts on both the General Fund and existing rate payers. This is accomplished in several ways. 1. Infrastructure construction is funded by the developer at no cost to the City. In cases where the infrastructure is included in the City’s Public Facilities Finance Plan, as is the ITEM NO. ______ 3 case with Rohnert Park Expressway widening, the Developer will receive credits against Public Facilities Fees for the infrastructure provided. 2. Amenities within the development, including landscaping and trails and storm water quality improvements, are privately owned and maintained by a Homeowner’s Association. The proposed Master Maintenance Agreement commits the developer and eventually the Homeowner’s Associations to these specific obligations and avoids impacts on the City. 3. The Development Agreement requires the developer to provide a Maintenance Annuity deposit with the City when certificates of occupancy are issued for the new residential units. This Maintenance Annuity deposit has been calculated to cover the City’s cost of providing public services and maintaining publicly owned facilities including the new streets and Twin Creeks Park. Department Head Approval Date: 11/11/2015 City Manager Approval Date: 12/16/2015 City Attorney Approval Date: 11/11/2015 Finance Director Approval Date: NA Attachments (list in packet assembly order): 1. Attachment 1 – Location and Vicinity Map 2. Attachment 2 - Resolution of the Park and Recreation Commission of the City of Rohnert Park Making a Recommendation to the City Engineer Regarding Specific Improvements to Satisfy a Tentative Map Condition Related to Parkland Dedication within the University District Specific Plan Area 3. Attachment 3 – Park and Recreation Commission Resolution 2015-01 4. Resolution Authorizing the City Manager to Accept the Grant Deeds Conveying 53 Acres for a Water Tank Site from University District LLC and Right-of-Way for Keiser Avenue from Vast Oak Properties LP and To Take Other Actions Necessary to Close Escrow 5. Resolution Exhibit A – Grant Deed for Keiser Avenue Right-of-Way 6. Resolution Exhibit B – Grant Deed for Anderson 53 7. Resolution Approving Vast Oak Final Map Phase 1-A, Vast Oak Final Map Phase 1- B, Vast Oak Final Map Phase 1-C and Vast Oak Final Map Phase- D and Accepting Offers of Dedication for Public Right-of-Way, Public Parks, Public Utility Easements, Public Access Easements, Drainage Easements and Public Storm Drain and Sewer Easements 8. Resolution Exhibit A – Final Map Crane Creek Regional ParkVast OakPhase 1 Anderson 53 acreTank Site Attachment1: Location and Vicinity Map 0 0.25 0.50.125 Mi¹ Map by City of Rohnert Park, J.Aguirre 10/28/15 ENGNAS\RP GIS\CraneCreekRegional trail Petaluma Hill Road R o h n e r t P a r kRohnert P a r k WaterTank E.Cotati Avenue RPX Widening Keiser Ave Dedication Rohnert Park Expressway Snyder Ln Crane Creek Trail Easement Sonoma State University (SSU) 1 OAK #4819-7225-3226 v1 RESOLUTION NO. 2015-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT DEEDS CONVEYING 53 ACRES FOR A WATER TANK SITE FROM UNIVERSITY DISTRICT LLC AND RIGHT-OF-WAY FOR KEISER AVENUE FROM VAST OAK PROPERTIES LP AND TO TAKE OTHER ACTIONS NECESSARY TO CLOSE ESCROW WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 878, approving a Development Agreement (“Development Agreement”) between the City of Rohnert Park and Vast Oak Property L.P. and University District LLC (“Developer”); and WHEREAS, the Developer intends to file the final maps for Phases 1-A, 1-B, 1-C, and 1-D for the Vast Oak Property, consisting of 399 single-family residential lots; and WHEREAS, the Development Agreement and the Conditions of Approval for Tentative Map for University District Development require the Developer to dedicate a 53 acre parcel known as the Anderson 53 site to the City for public purposes including the construction of a water tank prior to the approval of the first Final Map; and WHEREAS, the Development Agreement and the Conditions of Approval for the Tentative Map for University District Development also require the Developer to dedicate right- of-way necessary for the widening of Keiser Avenue prior to the approval of the Final Map; WHEREAS, the owners of these properties have offered the required dedications in the form of the Grant Deeds included as Exhibits A and B to this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to accept the 53 acre water tank site and the Keiser Avenue right-of-way as described in the Grant Deeds included as Exhibits A and B, with minor revisions as may be approved by the City Manager and City Attorney, in accordance with the terms set forth in the Development Agreement. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents, including certificates of acceptance, and take all other actions necessary to close escrow in accordance with the terms of the Development Agreement and Condition of Approval. 2 DULY AND REGULARLY ADOPTED this 22nd day of December, 2015. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibits A and B AHANOTU: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A to Resolution 1 RECORDED AT THE REQUEST OF AND AFTER RECORDING MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk Space above this line reserved for recorder’s use Exempt from recording fee pursuant to Gov. Code 27383 GRANT DEED This Grant Deed (the “Grant Deed”) is made on ________________, 2015, by University District LLC, a Delaware Limited Liability Corporation (“Grantor”), to the City of Rohnert Park, a California municipal corporation (“City”) with reference to the following: Recitals A. Grantor has submitted an application to the City to developer certain real property located in the City of Rohnert Park, County of Sonoma, State of California. B. In connection with the approval of its development project and in lieu of acquisition by eminent domain, Grantor is granting certain real property to the City. C. Grantor now desires to grant deed to City the property described herein. NOW THEREFORE, for valuable consideration, the value, adequacy and receipt of which are hereby acknowledged: Grantor does hereby grant and convey to City that certain real property legally described on Exhibit A, attached hereto and incorporated herein by reference. [SIGNATURES ON FOLLOWING PAGE] 2 IN WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the day and year first written above. GRANTOR: By: Name: Its: By: Name: Its: [signature must be acknowledged by a notary public] 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property conveyed by Grant Deed dated _____________, 2015, from , as grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City Rohnert Park pursuant to authority conferred by Resolution No. ________ of the City Council adopted on , and the City of Rohnert Park, as grantee, consents to recordation of said Grant Deed. Dated: ______________, 2015 By: _________________________ Darrin Jenkins, City Manager [Signature Must Be Notarized] Exhibit A to Resolution Exhibit A EXHIBIT A Legal Description [to be inserted] Acknowledgement 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 ) County of ________________________ ) On ____________________, before me, ____________________________, a Notary Public, 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 Exhibit B to Resolution 1 OAK #4833-8352-0041 v1 RECORDED AT THE REQUEST OF AND AFTER RECORDING MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk Space above this line reserved for recorder’s use Exempt from recording fee pursuant to Gov. Code 27383 GRANT DEED This Grant Deed (the “Grant Deed”) is made on ________________, 2015, by Vast Oak Properties LP, a California Limited Partnership (“Grantor”), to the City of Rohnert Park, a California municipal corporation (“City”) with reference to the following: Recitals A. Grantor has submitted an application to the City to developer certain real property located in the City of Rohnert Park, County of Sonoma, State of California. B. In connection with the approval of its development project, Grantor is required to dedicate certain real property to the City. C. In order to comply with the conditions of the project approval, Grantor now desires to grant deed to City the property described herein. NOW THEREFORE, for valuable consideration, the value, adequacy and receipt of which are hereby acknowledged: Grantor does hereby grant and convey to City that certain real property legally described on Exhibit A, attached hereto and incorporated herein by reference. [SIGNATURES ON FOLLOWING PAGE] 2 OAK #4833-8352-0041 v1 IN WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the day and year first written above. GRANTOR: By: Name: Its: By: Name: Its: [signature must be acknowledged by a notary public] 3 OAK #4833-8352-0041 v1 CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property conveyed by Grant Deed dated _____________, 2015, from , as grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City Rohnert Park pursuant to authority conferred by Resolution No. ________ of the City Council adopted on , and the City of Rohnert Park, as grantee, consents to recordation of said Grant Deed. Dated: ______________, 2015 By: _________________________ Darrin Jenkins, City Manager [Signature Must Be Notarized] Exhibit B to Resolution Exhibit A OAK #4833-8352-0041 v1 EXHIBIT A Legal Description [to be inserted] Acknowledgement OAK #4833-8352-0041 v1 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 ) County of ________________________ ) On ____________________, before me, ____________________________, a Notary Public, 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 1 RESOLUTION NO. 2015-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING VAST OAK FINAL MAP PHASE 1-A, VAST OAK FINAL MAP PHASE 1- B, VAST OAK FINAL MAP PHASE 1-C, AND VAST OAK FINAL MAP PHASE 1-D, AND ACCEPTING OFFERS OF DEDICATION FOR PUBLIC RIGHT-OF-WAY, PUBLIC PARKS, PUBLIC UTILITY EASEMENTS, PUBLIC ACCESS EASEMENTS, DRAINAGE EASEMENTS AND PUBLIC STORM DRAIN AND SEWER EASEMENTS WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-035 approving the Tentative Map for the University District Plan, prepared by MacKay & Somps and dated February 2014 (the “Tentative Map”), subject to certain conditions of approval (“Conditions”); and WHEREAS, Vast Oak Property L.P. and University District LLC (“Developer”) has submitted the Final Maps for Phases 1-A, 1-B, 1-C, and 1-D for the Vast Oak Property (“Maps”), consisting of 399 single-family residential lots, for filing; and WHEREAS, the Maps have been reviewed by the City Engineer and City Surveyor and have been determined to be technically accurate and in conformance with the California Subdivision Map Act, the City’s Municipal Code requirements set forth in Title 16 and the Tentative Map and Conditions; and WHEREAS, the Developer has complied with all Conditions required to be completed prior to filing the final maps; and WHEREAS, pursuant to Municipal Code section 16.10.200, the Developer has submitted (1) a certificate from the county tax collector stating that all taxes and assessments due have been paid pursuant to Government Code section 66492, and (2) verification that it has executed and filed with the clerk of the county board of supervisors security for taxes and assessments pursuant to Government Code section 66493; and WHEREAS, the Developer has submitted all required security in connection with approved subdivision improvement agreements; and WHEREAS, the Developer has submitted all required certificates and submittals and paid all required fees, the City Engineer has presented the Final Map to the City Council pursuant to Municipal Code section 16.10.190; and WHEREAS, the Maps include the following offers of dedication: 1) Phase 1-A: Public Street Right-of-Way (Karrington Place, Kensington Place, Kenton Place, Kenwood Place, Kevin Place, Kim Place, King Place, Kolton Place, and Kyle Place) and Public Utility Easements 2 2) Phase 1-B: Public Street Right-of-Way (Karleigh Place, Karrington Place, Kassidy Place, Keats Place, Kerry Road, Kincade Place, and King Place), Parcel “C” (Public Park), Public Utility Easements, Drainage Easements (over Parcels “B” and “D”), Public Access Easement (over Parcel “D”), and Public Sewer and Storm Drain Easements (over Lots 233-236) 3) Phase 1-C: Public Street Right-of-Way (Kaitlyn Place, Kelliann Place, Kelly Place, Kendra Place, Kensington Place, Kerry Road, Kingwood Place, and Kirby Place) and Public Utility Easements 4) Phase 1-D: Public Street Right-of-Way (Keats Place, Kenneth Place, Kincade Place, Kingwood Road, and Kite Place), Parcels “A” and “B” (Public Park), Public Utility Easements, Drainage Easement (over Parcel “C”), and Public Access Easement (over Parcel “C”) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that: 1. The City Council hereby finds as follows with the respect to the Tentative Map and Maps: a. The Maps are determined to be consistent with the City’s Municipal Code and the Subdivision Map Act. b. The Maps are in substantial conformance with the Tentative Map and all Conditions required to be completed prior to filing the final maps have been met. 2. The Maps, namely the Final Maps for Vast Oak Phases 1-A, 1-B, 1-C, and 1-D, which are attached hereto and incorporated by this reference as Exhibit A, are hereby approved and the City Council accepts, subject to improvement, the Offers of Dedication for Public Right-of-Way, Public Parks, Public Utility Easements, Public Access Easements, Drainage Easements, and Public Sewer and Storm Drain Easement as shown on the Maps. 3. The City Manager is hereby authorized to take any and all further actions to effectuate the recordation of the Maps in compliance with the Conditions. 3 DULY AND REGULARLY ADOPTED this 22nd day of December, 2015. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )