2015/07/28 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, July 28, 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 July 28, 2015
for City Council/RPFA/CDC Successor Agency Page 2 of 5
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING
- CALL TO ORDER/ROLL CALL
(Callinan __ Mackenzie__ Stafford __ Belforte __ Ahanotu __)
2. PLEDGE OF ALLEGIANCE
3. DEPARTMENT HEAD BRIEFING
A. Economic Development: Update on City Marketing Plan
B. Department of Public Safety: National Night Out, Tuesday, August 4, 2015 5-8pm
4. 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.
5. 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, July 14, 2015
2. City Council/RPFA/Successor Agency Joint Regular Meeting, June 23, 2015
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated July 28, 2015
2. Successor Agency to the CDC Bills/Demands for Payment dated July 28, 2015
3. City Councilmembers Quarterly Expense Report (April, May, June)
C. City Council Resolutions for Adoption:
1. 2015-126 Approving the Conversion of the Full Time Community
Service Officer Position to a Full Time Property Technician
Position in the Public Safety Department
2. 2015-127 Authorizing and Approving the Conversion of the Full Time
Secretary II Position (Confidential) to a Full Time
Administrative Assistant Position (Confidential) in the Public
Safety Department
3. 2015-128 Authorizing and Approving an Agreement Regarding the
Establishment and Collection of Regional Traffic Impact Fees
for the Northwest Specific Plan Area between the City of
Rohnert Park and the County of Sonoma
City of Rohnert Park Joint Regular Meeting Agenda July 28, 2015
for City Council/RPFA/CDC Successor Agency Page 3 of 5
D. Authorize the City Manager to Execute an Agreement with Bartel Associates
for Actuarial Consulting Services
E. Authorizing the City Manager to Execute the Third Amendment to the Land
Lease Agreement for the Benicia Park Cell Tower Site
F. Authorizing the City Manager to Execute Assignment of Recycled Water User
Agreements with the City of Santa Rosa
G. Authorizing the City Manager to Execute an Extension to the Municipal
Staffing Agreement for Temporary Staffing Services with Government Staffing
Services Inc., DBA MuniTemps in the Amount of $14,000
6. CLOSED SESSION (Estimated Duration: 20 min.)
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Real Property Negotiators (Government Code §54956.8)
Property: Stadium Lands Lot 1 (APN: 143-040-124)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Anthony J. Manos, Corton Partners/Bruce Orr &
Associates
Under Negotiation: Price and Terms
B. Reconvene Joint Regular Meeting Open Session in Council Chamber
C. Report on Closed Session (Government Code § 54957.1)
7. 2015 Mid-year Status Report on Implementation of Rohnert Park Strategic Plan
A. Staff Report
B. Public Comment
C. Council discussion/direction
8. PUBLIC HEARING (NOT BEFORE 6PM)
Consider Adoption of Amendments to Proposed Recreation Facilities User Fee
Schedule - Conduct Public Hearing and Consider Adopting a Resolution Approving a
Modified Recreational Facility Rental and Program User Fee Schedule and
Superseding Resolution No. 2014-027
A. Staff Report
B. Conduct Public Hearing
C. Resolution for Adoption:
1. 2015-129
Approving the Modified Recreational Facility and Program
Fees Schedule and Superseding Resolution No. 2014-027
a. Council motion/discussion/vote
9. 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.
City of Rohnert Park Joint Regular Meeting Agenda July 28, 2015
for City Council/RPFA/CDC Successor Agency Page 4 of 5
10. 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.
11. 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.
12. PUBLIC COMMENTS
Persons wishing to address the Council on City business not listed on the Agenda may
do so at this time. Each speaker will be allotted three minutes. Those wishing to
address the Council on any report item listed on the Agenda should submit a “Speaker
Card” to the City Clerk before announcement of that agenda item.
13. ADJOURNMENT
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.
City of Rohnert Park Joint Regular Meeting Agenda July 28, 2015
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CERTIFICATION OF POSTING OF AGENDA
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the July 28,
2015, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on
July 23, 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 23rd day of July 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, July 14, 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 5:02 pm, the notice for which being
legally noticed on July 9, 2015.
Present: Amy O. Ahanotu, Mayor
Gina Belforte, Vice Mayor
Pam Stafford, Councilmember
Joseph T. Callinan, Councilmember
Absent: Jake Mackenzie, Councilmember
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney
Kenyon, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze, Human
Resources Director Perrault, Acting Development Services Director and City Engineer
Pawson, Director of Public Works and Community Services McArthur, Community
Services Supervisor Herman, and Director of Public Safety Masterson.
2. PLEDGE OF ALLEGIANCE
Led by Carol Adams, Executive Assistant to the City Manager.
3. PRESENTATIONS
A. Mayor’s Proclamations:
1. Acknowledging July 2015 as Parks and Recreation Month
Mayor Ahanotu read and presented proclamation to Parks and Recreation
Commissioner Black.
2. Honoring and Thanking Airport Express for 35 Years of Service and Support to
the Rohnert Park Community
Item: 5.A.1
City of Rohnert Park Joint Regular Meeting Minutes July 14, 2015
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Mayor Ahanotu read and presented proclamation to Howard Emigh, Sonoma
County Airport Express President and Tony Geraldi, Sonoma County Airport
Express General Operations Manager.
B. Mayor’s Certificates of Recognition: Honoring the Mike Hauser Algebra Academy
Facilitators, Educators, Sponsors, and Students
Mayor Ahanotu read and presented the certificates to those present:
Algebra Academy Associates: Leslie Anderson, Santa Rosa Chamber of Commerce
(Workforce Development Manager); Sponsor: Gerard Guidice, Sally Tomatoes;
Algebra Academy Students: Alejandro Alvarez Solorio, Kennia Balderas, Anahi
Calva, Cesar Cazares, Alyiha Hernandez, Sousiva Ing, Jimena Jimenez, Ramiro
Olmedo, Carlos Daniel Perez Pacheco, Jorge Sanchez, and Veronica Saucedo; Staff
Participants: City Manager Jenkins, Acting Director of Development Services/City
Engineer Pawson, Deputy City Engineer da Rosa, Retired Senior Engineering
Technician Pedroncelli, Environmental Compliance Specialist Bautista, and thanked
Director of Public Safety Masterson, Sergeant Aaron Johnson, and Executive
Assistant to the City Manager Adams. Kelly Bass Seibel, Santa Rosa Chamber of
Commerce Vice President of Public Policy, expressed her appreciation of those who
participated in making the program a success.
4. DEPARTMENT HEAD BRIEFING
A. Department of Public Safety- 4th of July Activities Briefing
Public Safety Director Masterson provided the briefing which included a review of
the last four years.
24 hour period (0700 to 0700) 2012 2013 2014 2015
Police Calls for Service 352 421 194 258
Fireworks Calls for Service 89 90 63 93
Arrests 6 10 6 9
Admin Cites for Fireworks 10 11 3 6
Medical Calls for Service 3 7 13 8
Fire Calls for Service 13 16 25 16
Fires *total includes dumpster fires 7* 7* 8* 4*
Dumpster Fires 6 0 6 1
5. PUBLIC COMMENTS
None.
6. CONSENT CALENDAR
A. Approval of Minutes for:
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated July 14, 2015
2. Successor Agency to the CDC Bills/Demands for Payment dated July 14, 2015
C. City Council Resolutions for Adoption:
City of Rohnert Park Joint Regular Meeting Minutes July 14, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 6
1. 2015- 121 Accepting a Grant in the Amount of $47,625 from the State of
California Department of Alcoholic Beverage Control for Grant
Assistance Program Funds
2. 2015-122 Authorizing and Approving the City of Rohnert Park Pay Rates and
Ranges Dated Fiscal Year 2013-2014
3. 2015-123 Authorizing and Approving the City of Rohnert Park Current Pay
Rates and Ranges Revised July 1, 2015
4. 2015-124 Authorizing and Approving the Third Amendment to Task Order
2011-06 with Brelje & Race Consulting Civil Engineers for Design
Review/Value Engineering and Construction Management Services
for Adrian Drive Sewer and Water Rehabilitation Project 2012-04
D. Authorizing the City Manager to Execute Consultant Services Agreements with Code
Source and 4LEAF, Inc. for Professional Plan Check and Building Inspection
Services
E. Authorizing the City Council to Sign a Letter to the Donohoe Family Celebrating the
Life of Ashley Donohoe
ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar.
Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan,
Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None,
ABSENT: Mackenzie.
7. CLOSED SESSION
A. Mayor Ahanotu made the closed session announcement pursuant to Government
Code §54957.7 and Council recessed to Closed Session at 5:34 pm in Conference
Room 2A to Consider:
1. Conference with Real Property Negotiators (Government Code §54956.8)
Property: Stadium Lands Lot 1 (APN: 143-040-124)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Anthony J. Manos, Corton Partners/Bruce Orr & Associates
Under Negotiation: Price and Terms
2. Conference with Real Property Negotiators (Government Code §54956.8)
Property: 435 Southwest Boulevard (APN: 143-370-010)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Dave Peterson
Under Negotiation: Price and Terms
B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 6:00 pm
C. Report on Closed Session (Government Code § 54957.1)
Mayor Ahanotu reported: no reportable action.
City of Rohnert Park Joint Regular Meeting Minutes July 14, 2015
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8. Authorizing and Approving the Producer/Distributor Agreement for Transfer of
the Rohnert Park Reuse System and Supply of Recycled Water between the City of
Santa Rosa and the City of Rohnert Park and Finding this Action Exempt under the
California Environmental Quality Act
Acting Development Services Director and City Engineer Pawson presented the item.
Mike Sherman, Geysers and Reclamation Superintendent, and Mike Prinz, Deputy
Director Subregional System, were present. Recommended Action(s): Approve a
Resolution authorizing and approving the Producer/Distributor Agreement for Transfer of
the Rohnert Park Reuse System and Supply of Recycled Water between the City of Santa
Rosa and the City of Rohnert Park and finding this action exempt under the California
Environmental Quality Act.
Public Comment: Gary Coffman. Deputy Director Subregional System Prinz answered
questions regarding the hauling of water and residential recycled water fill stations.
ACTION: Moved/seconded (Stafford/Belforte) to adopt Resolution 2015-125
Authorizing and Approving the Producer/Distributor Agreement for
Transfer of the Rohnert Park Reuse System and Supply of Recycled Water
between the City of Santa Rosa and the City of Rohnert Park and Finding
this Action Exempt under the California Environmental Quality Act.
Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan,
Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None,
ABSENT: Mackenzie.
City Council directed staff to briefly investigate the possibility of
providing a residential recycled water fill station.
9. Designating a Voting Delegate and Alternate/s for the League of California Cities
Annual Conference – September 30-October 2, 2015, San Jose, CA
City Manager Jenkins presented the item. Recommended Action(s): consider designating
a voting delegate and alternate/s for the League of California Cities Annual Conference
being held September 30-October 2, 2015, in San Jose, CA and directing staff to
complete the Voting Delegate Form and submit it to the League of California Cities.
Public Comment: None.
ACTION: Moved/seconded (Belforte/Stafford) the designation of Mayor Ahanotu as
the voting delegate for the League of California Cities Annual Conference.
Motion carried unanimously by the following 4-0-1 vote: AYES: Callinan,
Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS: None,
ABSENT: Mackenzie.
10. Proposed Recreation Facility and Activity Fee Increases and Direction Regarding
Amendment of the Recreation Facility and Program Fee Schedule
Director of Public Works and Community Services McArthur and Community Services
Supervisor Herman presented the item. Recommended Action(s): Discuss and provide
City of Rohnert Park Joint Regular Meeting Minutes July 14, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 6
direction on updates and amendments to the Recreation Facility and Program Fee
Schedule for future consideration.
Mayor Ahanotu stepped away from the dais 6:42 pm and returned 6:44 pm
Public Comment: None.
Mayor Ahanotu stepped away from the dais 7:00 pm and returned 7:05 pm
Public Comment: None.
ACTION: By Consensus (none opposed, Mackenzie absent) City Council directed
staff to keep family swim and individual swim for residents at the current
rate, and bring this item back at the July 28, 2015 Council Meeting for
consideration.
11. PUBLIC HEARING CONTINUED FROM MAY 26, 2015: (NO EARLIER THAN
6PM- Noticed April 17 and 24, 2015, April 29, 2015, and May 27, 2015)
Proposed City of Rohnert Park Community Facilities District No. 2015-01
(Southeast Specific Plan Services) – Consideration of Resolutions Establishing the
Community Facilities District and Certifying the Results of the Special Tax Election
and an Ordinance Levying the Special Tax
Acting Development Services Director and City Engineer Pawson presented the item.
Recommended Action(s): Close the continued Public Hearing and terminate proceedings.
Hearing Opened April 28, 2015
Public Comments: None.
Hearing Closed 7:13 pm
ACTION: None.
12. COMMITTEE / LIAISON/ OTHER REPORTS
Golf Course Oversight Committee (7/7)
Councilmember Callinan reported discussion on course conditions, maintenance, and
operations.
Local Agency Formation Commission - LAFCO (7/1)
Councilmember Stafford reported the Northwest Specific Plan Area annexation was
approved and an agreement will be on a future City Council agenda.
Rohnert Park Chamber of Commerce
Councilmember Stafford reported Lisa Orloff is the new Director and Cully Williamson,
Mary’s Pizza Shack, is the Chair. Councilmember Callinan reported Keith Woods, Chief
Executive Officer, spoke at Noon Times and complemented the City of Rohnert Park on
its building and code compliance assistance.
Vice Mayor Belforte reported on the pre-opening test run at Amy’s Drive Thru.
City of Rohnert Park Joint Regular Meeting Minutes July 14, 2015
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13. COMMUNICATIONS
City Manager reported approximately 80 attended the July 7, 2015, Town Hall Meeting
hosted by Mayor Ahanotu and Councilmember Jake Mackenzie.
14. MATTERS FROM/FOR COUNCIL
Councilmember Callinan has received numerous complaints regarding the garbage
company’s customer service and call hold time. City Council directed staff to look into
the issue.
15. PUBLIC COMMENTS
None.
16. ADJOURNMENT
Mayor Ahanotu adjourned the joint regular meeting at 7:26 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Amy O. Ahanotu, Mayor
City of Rohnert Park City of Rohnert Park
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, June 23, 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 June 18, 2015.
Present: Amy O. Ahanotu, Mayor
Joseph T. Callinan, Councilmember
Jake Mackenzie, Councilmember
Absent: Gina Belforte, Vice Mayor
Pam Stafford, Councilmember
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Assistant City
Attorney Visick, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze,
Human Resources Director Perrault, Acting Development Services Director and City
Engineer Pawson, Management Analyst Tacata, Senior Engineering Technician
Pedroncelli.
2. PLEDGE OF ALLEGIANCE
Led by Jacob Davis.
3. PRESENTATIONS
A. Mayor’s Proclamation: Honoring Senior Engineering Technician, Rick Pedroncelli
on the Occasion of his Retirement
Mayor Ahanotu read and presented the proclamation to Rick Pedroncelli.
4. DEPARTMENT HEAD BRIEFING
A. Public Safety: Use ‘Safe and Sane’ Fireworks or Risk Fines of $1,000
Public Safety Director Masterson provided the briefing.
City of Rohnert Park Joint Regular Meeting Minutes June 23, 2015
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B. Announcement of Schedule for Town Hall Meeting – July 7, 2015 from 6-8 pm at the
Rohnert Park-Cotati Regional Library
Assistant City Manager Schwartz announced the meeting.
5. PUBLIC COMMENTS
None.
6. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council/ RPFA/Successor Agency Joint Special Meeting, June 15, 2015
2. City Council/RPFA/Successor Agency Joint Regular Meeting, June 9, 2015
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated June 23, 2015
2. Successor Agency to the CDC Bills/Demands for Payment dated June 23, 2015
3. RPFA – Cash Report for Month Ending May 2015
4. Housing Successor Agency- Cash Report for Month Ending May 2015
5. Successor Agency – Cash Report for Month Ending May 2015
C. City Council Resolutions for Adoption:
1. 2015- 113 Approving the Purchase of One (1) Jacobsen HR-9016T Wide Area
Mower in the amount of $82,630.64 for the Public Works
Department
2. 2015-114 Authorizing the Purchase of Spay/Neuter/Adoption Van for an
Amount not to Exceed $50,000.00 for the City of Rohnert Park
Animal Shelter
3. 2015-115 Authorizing and Approving a Paid Sick Leave Policy Pursuant to
AB 1522 for Temporary, Part-Time and Seasonal Employees and
Establishing the Accrual Method and the Minimum Sick Leave
Usage Increment
4. 2015-116 Authorizing and Approving a Public Improvement Agreement with
University District LLC and Vast Oak Properties L.P. for the Vast
Oak Property Phase 1 In-Tract Recycled Water System, In-Tract
Joint Trench and Street Lighting System and Phase 1 Offsite Joint
Trench and Street Lighting System and Finding this Project Covered
by the Updated Final Environmental Impact Report for the
University District Specific Plan Project as Amended
5. 2015-117 Authorizing the Purchase of One (1) Altec AT37G Aerial Bucket
Truck in the Amount of $99,758.55 for the Public Works
Department and Authorizing the Finance Director to Appropriate
Unanticipated Revenue
6. 2015-118 Approving and Adopting the Plans and Specifications for Rohnert
Park Expressway Rehabilitation (Project Number 2013-01),
Awarding the Construction Contract to Argonaut Constructors, and
Finding the Project Exempt from CEQA
City of Rohnert Park Joint Regular Meeting Minutes June 23, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 5
7. 2015-119 Approving and Adopting an Employer-Employee Organization
Relations Resolution for the City of Rohnert Park
D. Authorizing the City Manager to Execute an Agreement with the Sonoma County
Water Agency for Water Conservation Program Services in an Amount Not-to-
Exceed $80,000
ACTION: Moved/seconded (Callinan/Mackenzie) to approve the Consent Calendar.
Motion carried unanimously by the following 3-0-2 roll call vote: AYES:
Callinan, Mackenzie, and Ahanotu, NOS: None, ABSTAINS: None,
ABSENT: Stafford and Belforte.
7. COMMITTEE / LIAISON/ OTHER REPORTS
Water/Wastewater Issues Committee (6/11)
Councilmember Mackenzie reported the Committee discussed the Agreement with the
Sonoma County Water Agency for Water Conservation Program Services which was
approved on the Consent Calendar above. The Committee also discussed sub-metering.
Acting Development Services Director and City Engineer Pawson confirmed the Urban
Water Management Plan is expected to be updated July 2016.
Library Advisory Board (6/16)
Mayor Ahanotu reported an opening ceremony is being organized for the teen space at
the library and on the Farmers’ Market library outreach program.
League of California Cities – Legislative Committee
Mayor Ahanotu reported on AB 1220 which is Transient Occupancy Tax (TOT)
prohibition.
8. COMMUNICATIONS
Councilmember Mackenzie reported that how transportation infrastructure will be funded
by the State is something Metropolitan Transportation Commission (MTC) is watching.
Councilmember Mackenzie asked if our City Attorney’s Office is monitoring
inclusionary housing and how it applies to the City. Assistant City Attorney Visick
confirmed that they are assessing how it applies to the City’s Ordinance.
9. MATTERS FROM/FOR COUNCIL
City Manager Jenkins reported that the leadership team attended the Farmers’ Market
Friday, June 19, 2015, and interacted with about 100 attendees and distributed water
saving fixtures.
Councilmember Mackenzie requested a letter celebrating the life of Ashley Donohoe, a
Rohnert Park resident who was killed June 16, 2015, in a balcony collapse in Berkeley,
be sent to the Donohoe family.
City of Rohnert Park Joint Regular Meeting Minutes June 23, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 5
ACTION: Moved/seconded (Mackenzie/Callinan) to reorder the agenda, moving Item 12
forward.
Motion carried unanimously by the following 3-0-2 roll call vote: AYES:
Callinan, Mackenzie, and Ahanotu, NOS: None, ABSTAINS: None, ABSENT:
Stafford and Belforte.
12. PUBLIC COMMENTS
Gordon Anderson requested the City Council agendize transportation and his idea of Air
Trac High Speed Surface Transportation Systems.
Recessed 5:42 pm
Reconvened 6:00 pm
10. PUBLIC HEARING (NO EARLIER THAN 6PM- Noticed June 12 and 19, 2015)
Development Services Cost Recovery Annual Report
Management Analyst Tacata presented the item. Recommended Action(s): Consider
Development Services Cost Recovery Fees Annual Report - FY 2014-15, accept and file.
Hearing Opened 6:04 pm
Public Comments: None.
Hearing Closed 6:04 pm
ACTION: By Consensus City Council (none opposed, Belforte and Stafford absent)
accepted the report.
11. PUBLIC HEARING: (NO EARLIER THAN 6PM- Noticed June 12 and 19, 2015)
Wilfred/Dowdell Specific Plan Reimbursement Fee Annual Report for FY 2014-15
and Fee Update
Management Analyst Tacata presented the item. Recommended Action(s): 1) Consider
the Wilfred/Dowdell Specific Plan Reimbursement Fee Annual Report for FY 2014-15,
accept and file; 2) Hold a Public Hearing to consider the proposed update to the
Wilfred/Dowdell Specific Plan Reimbursement Fee (“Fee”); and 3) Adopt attached
resolution updating the Wilfred/Dowdell Specific Plan Reimbursement Fee and
superseding Resolution No. 2014-074.
Hearing Opened 6:09 pm
Public Comments: Nicole Roberts, representing her family and the Roberts Family Trust,
expressed concern regarding the future collection of the updated fee with the removal of
the parcels developed in Fiscal Year 2014-15 and stated all parcels should share in the
cost equally.
Hearing Closed 6:11 pm
Acting Development Services Director and City Engineer Pawson responded that the
Wilfred/Dowdell Specific Plan Reimbursement Fee is intended to capture only the costs
of processing the specific plan which is nearing completion. As development moves
City of Rohnert Park Joint Regular Meeting Minutes June 23, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 5
forward, the costs will be covered by the cost recovery fee schedule and not
Wilfred/Dowdell Specific Plan Reimbursement Fee.
ACTION: Moved/seconded (Callinan/Mackenzie) to Approve Resolution 2015-120,
Updating the Wilfred/Dowdell Specific Plan Reimbursement Fee and
Superseding Resolution No. 2014-074.
Motion carried unanimously by the following 3-0-2 roll call vote: AYES:
Callinan, Mackenzie, and Ahanotu, NOS: None, ABSTAINS: None,
ABSENT: Stafford and Belforte.
13. ADJOURNMENT
Mayor Ahanotu adjourned the joint regular meeting at 6:15 pm in honor of Ashley
Donohoe.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Amy O. Ahanotu, Mayor
City of Rohnert Park City of Rohnert Park
1
Meeting Date: July 28, 2015
Department: Public Safety
Submitted By: Brian Masterson, Director of Public Safety
Prepared By: Brian Masterson, Director of Public Safety
Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the
Conversion of a Community Service Officer Position to a Property
Technician Position in the Public Safety Department
RECOMMENDED ACTION:
Adopt a Resolution authorizing and approving the current full time Community Service Officer
Position to be converted to a full time Property Technician.
BACKGROUND:
The Department of Public Safety (“Department”) currently has two full time Community Service
Officer (“CSO”) positions. The CSO position responsible for the Abandoned Vehicle Abatement
(“AVA”) program was recently vacated. The other CSO position is currently assigned to the
Property and Evidence Room, after the former position of Property Technician was eliminated
due to budgetary constraints. Proper storage and disposition of property booked into the
Department is critical in operation of a public safety agency, and experience and expertise is
needed in performing this function. In light of the AVA CSO vacancy, the Department assigned
the current CSO to oversee the AVA program, and is seeking Council approval to convert a
vacant CSO position into a Property Technician position.
The Property Technician is a non-sworn position that works within Public Safety and is
responsible for the proper storage and disposition of property booked in the Department as
evidence or found property. The functions of this position include, but are not limited to:
• Storing, recording, indexing and securing of property received by Public Safety
• Releasing property to courts or other authorized personnel in compliance with applicable
laws, policies, and procedures
• Storing and releasing found property, maintaining logs and records regarding guns,
narcotics, and cash booked into custody
• Obtaining proper court authorization for destruction of narcotics and weapons
• Coordinating the public auctioning of property
• Researching court files regarding disposition for the purpose of evidence destruction.
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
2
ANALYSIS:
Staff has analyzed current staffing needs and determined that there is sufficient work load and
funding to convert the full time CSO position to a full time Property Technician position, which
is a job class that the City used to have. Staff recommends restoring the position of Property
Technician as set forth in the attached job description and placing the position in the RPEA
unit in a new range 76 as follows:
Posit ion Tit le Monthly Salary Range Unit Range
Property Technician $4,336 - $5,271 RPEA 76
FISCAL IMPACT:
As set forth below, the conversion of the CSO position to the Property Technician position will
come directly from within the existing Public Safety Budget. The increase to convert this
position from CSO to Property Technician is $8,854 for the full 2015-2016 Fiscal Year. As the
current CSO performing the Property Technician duties is receiving a stipend for the work, there
will be a cost reduction of $4,244, bringing the total net cost increase to $4,610. There will be
some additional savings in the 15-16 fiscal year as the position will not be filled until late August
or early September.
Cost Summary
ELIMINATE Annual Salary Benefits Total
Regular Full-Time CSO $ 58,521 $ 38,853 $ 97,374
Total eliminated $ 58,521 $ 38,853 $ 97,374
ADD Annual Salary Benefits Total
Regular Full-Time Property
Technician
$ 65,156 $ 41,072 $ 106,228
Total added $ 65,156 $ 41,072 $ 106,228
Gross Annual Change $ 8,854
Stipend Savings $ 4,244
Net Annual Change $ 4,610
Department Head Approval Date: N/A
City Manager Approval Date: 7/10/15
City Attorney Approval Date: N/A
RESOLUTION NO. 2015- 126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE CONVERSION OF THE FULL TIME
COMMUNITY SERVICE OFFICER POSITION TO A FULL TIME PROPERTY
TECHNICIAN POSITION IN THE PUBLIC SAFETY DEPARTMENT
WHEREAS, there is sufficient work load and funding to convert the vacant full time
Community Service Officer to a full time Property Technician, which is a job class that the City
used to have; and
WHEREAS, staff recommends the Property Technician position be placed in the RPEA
bargaining unit; and
WHEREAS, staff recommends a new salary range 76 of $4,336 - $5,271 per month and
that the Property Technician position be placed in this range; and
WHEREAS, staff recommends approval of the Property Technician position job
description and salary range 76.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the conversion of the current full time
Community Service Officer position to a full time Property Technician position in the Public
Safety Department, the associated job description and salary range, which is attached hereto as
Exhibit “A” and incorporated by this reference.
DULY AND REGULARLY ADOPTED this 28th day of July, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
Exhibit “A”
City of Rohnert Park
PROPERTY TECHNICIAN
$4,336 - $5,271
(New RPEA Salary Range 76)
DEFINITION
Performs a variety of assignments related to the maintenance and storage of
evidence and property held by the Public Safety Department; investigates forged
and worthless document complaints filed with the Department; and performs
other duties as required.
DISTINGUISHING CHARACTERISTICS
The Property Technician is a non-sworn working level class within the Public
Safety Department that is responsible for the proper storage and disposition of
property booked into the Public Safety Department as evidence or as found
property. The Property Technician has responsibility for the recording,
maintenance, storage, and security of evidence or property in compliance with
applicable laws. The incumbent is also assigned the investigation of complaints
regarding forged and worthless documents.
SUPERVISION RECEIVED/EXERCISED
General supervision is provided by a Public Safety Commander. Guidance may
be received from other supervisors involved in the investigation of crimes as to
the special handling of evidence received.
ESSENTIAL JOB DUTIES
(These duties are a representative sample; position assignments may vary)
• Stores, records, indexes, and secures property and evidence received by
the Public Safety Department;
• Releases property to courts or other authorized personnel in compliance
with applicable laws, policies, and procedures;
• Stores and releases found property;
• Maintains logs and records regarding guns, narcotics, and cash booked
into custody;
• Obtains proper court authorization for the destruction of narcotics and
weapons, coordinates the public auctioning of property;
• Researches court files regarding case disposition for the purpose of
evidence destruction;
• Maintains appropriate records and controls regarding property and
evidence;
• Transports evidence to laboratories for analysis;
City of Rohnert Park
Property Technician
Page 2 of 3
• Prepares supplemental reports for cases regarding evidence and property
storage;
• Contacts businesses regarding forged and worthless document
complaints;
• Orders supplies for the Department;
• May testify in court regarding chain of custody and other issues;
• Provides court liaison duties for the agency;
• Coordinates janitorial services for the entire agency;
• Delivers Department mail to various other City departments;
• May pick up and deliver supplies;
• Fingerprints applicants and City employees.
QUALIFICATIONS
Sufficient experience and education to successfully perform the duties of the
Property Technician. A typical way of obtaining the required qualifications is to
possess two years of experience working in a law enforcement environment with
responsibility for the collection, recording, and storage of evidence.
Knowledge of:
• Considerable knowledge of techniques of receipt, indexing, preserving,
and storing evidence and property;
• Federal, State, and local laws relating to the collection, recording,
identification, preservation, and destruction of evidence in criminal and
civil cases including weapons, narcotics, and cash;
• Basic investigative techniques utilized in researching forged and worthless
documents;
• Safety procedures for the proper handling of weapons and narcotics;
• Techniques of record keeping, indexing, filing, and storage as they relate
to evidence and property.
Ability to:
• Maintain and control evidence and property;
• Maintain accurate records;
• Prepare clear, concise and accurate reports;
• Present clear and accurate testimony in court;
• W ork in the sometimes unpleasant environment of handling evidence of
violent crimes.
LICENSE/CERTIFICATE
Possession of a Class C California driver’s license by date of appointment.
City of Rohnert Park
Property Technician
Page 3 of 3
WORKING CONDITIONS
Position requires sitting, standing, walking, reaching, twisting, turning, kneeling,
bending, and squatting, crouching in the performance of daily activities. The
position also requires grasping, repetitive hand movement, and fine coordination
in writing reports, and using a computer keyboard. Additionally, the position
requires near and color vision in viewing evidence and property. This position
may require working around blood, body fluids, narcotics, and other potential
toxic exposures. Incumbents may be required to lift, push, or pull property
weighting in excess of 25 pounds.
FLSA Status: Non-Exempt
Employee Unit: Rohnert Park Employees’ Association
Approved By:
Date Approved:
1
Meeting Date: July 28, 2015
Department: Public Safety
Submitted By: Brian Masterson, Director of Public Safety
Prepared By: Brian Masterson, Director of Public Safety
Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the
Conversion of a Full Time Secretary II Position (Confidential) to be
converted to a Full Time Administrative Assistant Position (Confidential)
in the Public Safety Department
RECOMMENDED ACTION:
Approve a Resolution authorizing and approving the current full time Secretary II (Confidential)
to be converted to full time Administrative Assistant (Confidential).
BACKGROUND:
Since 2008, the Department of Public Safety has had a Full Time Secretary II (Confidential) who
works 40 hours a week and is responsible for handling a limited range of administrative
assignments to support the Director of Public Safety and Command Staff. With the retirement of
the current Secretary II and the pending retirement of the Technical Services Commander, this
position will take on more administrative tasks related to the building of the Public Safety budget
and providing monthly reports pertaining to Department spending. The Administrative Assistant
will assist with purchase requisitions, monthly credit card billing reconciliation and some other
cost and expenditure reports in additions to the job functions performed today by the Secretary
II.
ANALYSIS:
There is a sufficient work load and funding to convert the full time Secretary II (Confidential) to
a full time Administrative Assistant (Confidential). Because the Administrative Assistant
position will continue to handle information pertaining to the City’s administration of employer-
employee relations, it should be designated under the unrepresented Confidential unit. Staff
recommends a new salary range 74CF of $4,115 - $5,002 per month for the Administrative
Assistant in the Confidential Unit, which is the same as salary range 74 in the RPEA Unit for this
position.
FISCAL IMPACT:
As set forth below, the conversion of the Secretary II to the Administrative Assistant will come
directly from within the existing Public Safety Budget. The increase to convert this position from
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
2
Secretary II to Administrative Assistant is $3,537 for the full fiscal year. There will be some
savings in the 15-16 fiscal year as the position will not be filled until late August or early
September.
Cost Summary
ELIMINATE Annual Salary Benefits Total
Regular Full-Time Secretary II $ (57,382) $ (32,334) $ (89,716)
Total eliminated $ (57,382) $ (32,334) $ (89,716)
ADD Annual Salary Benefits Total
Regular Full-Time Administrative
Assistant
$ 60,060 $ 33,193 $ 93,253
Total added $ 60,060 $ 33,193 $ 93,253
Net Annual Change $ 3,537
Department Head Approval Date: N/A
City Manager Approval Date: 7/15/15
City Attorney Approval Date: N/A
RESOLUTION NO. 2015- 127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND APPROVING THE CONVERSION OF THE FULL TIME
SECRETARY II POSITION (CONFIDENTIAL) TO A FULL TIME ADMINISTRATIVE
ASSISTANT POSITION (CONFIDENTIAL) IN THE
PUBLIC SAFETY DEPARTMENT
WHEREAS, the Public Safety Department employs a full time Secretary II
(Confidential) position who is responsible for handling a limited range of administrative
assignments to support the Director of Public Safety and Command Staff; and
WHEREAS, the current Secretary II incumbent is retiring and with the pending
retirement of additional administrative support staff in the Department, this position will assume
additional administrative tasks related to budget, financial reporting, and cost accounting duties
beyond the incumbent’s current job functions; and
WHEREAS, there is sufficient work load and funding to convert the full time Secretary
II (Confidential) position in the Public Safety Department to a full time Administrative Assistant
(Confidential) position ; and
WHEREAS, staff recommends a new salary range 74CF of $4,115 - $5,002 in the
Confidential Unit and that the Administrative Assistant (Confidential) be placed in this range.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the conversion of the current full time Secretary II
(Confidential) position to a full time Administrative Assistant (Confidential) in the Public Safety
Department,
DULY AND REGULARLY ADOPTED this 28th day of July, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
CALLINAN:_________ MACKENZIE:_________ STAFFORD:_________ BELFORTE: _________ AHANOTU:_________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
1
Meeting Date: July 28, 2015
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Agreement with County of Sonoma Regarding Establishment and
Collection of Regional Traffic Impact Fees Associated with Northwest
Specific Plan Area
RECOMMENDED ACTION: Approve Resolution authorizing Agreement with the County of
Sonoma regarding the establishment and collection of regional traffic impact fees for the
Northwest Specific Plan Area
BACKGROUND: On November 25, 2014 the City adopted various resolutions regarding the
Northwest Specific Plan Area (“NWSPA”) located south of Millbrae Avenue, west of Dowdell
Avenue, north of Business Park Drive, and east of Langner Avenue. These resolutions included
adopting a Specific Plan for the Area, certifying the Final Environmental Impact Report (FEIR),
Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring
Reporting Program and annexation. The FEIR identified regional traffic impacts from
development of the Area that cannot be mitigated unilaterally primarily because they are outside
the City’s jurisdiction.
The Council concurrently adopted a resolution initiating an application for annexation of the
Area to the City. The City subsequently submitted an application to the Local Agency Formation
Commission (LAFCO) in January, 2015.
LAFCO considered this item at its May and June, 2015 meetings. LAFCO staff recommended
approval without conditions. However, the County raised concerns regarding traffic impacts
associated with the annexation. The Commission directed the City and County to negotiate an
agreement to require a regional traffic impact fee for the impacts related to the development of
the NWSPA.
At its July 1, 2015 meeting LAFCO approved the annexation conditional on City approval by
July 28, 2015 of an agreement with the County on the establishment and collection of regional
traffic impact fees. City staff, City Attorney and County staff and County Counsel have agreed
upon the following terms of the attached agreement which requires the City to:
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
2
1. Fund and prepare a nexus study to establish regional traffic improvements and associated
fees required by development of the NWSPA,
2. Collect regional traffic fees from all developers in the NWSPA, and
3. Transfer the regional traffic fees to the County.
The Agreement requires the County to:
1. Keep the fees segregated in an independent account.
2. Use the fees only for projects identified in the Nexus Study
3. Administer the fees consistent with the Mitigation Fee Act
The agreement also requires the County to relieve the City of our obligations to collect and
transfer the fees if a Court finds that the County’s management of the fees violates the Mitigation
Fee Act.
ANALYSIS: The agreement with the County is consistent with the City’s obligations related to
regional traffic impact fees included in the FEIR for the NWSPA.
OPTIONS CONSIDERED: The City gave the County the option of the City administering the
fees and transferring them to the County for approved and funded projects; the County prefers
the recommended option which is acceptable to City staff.
FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the City by approving
this Agreement as funding for the nexus study and administration will be reimbursed by NWSPA
development when it occurs.
Department Head Approval Date: N/A
City Manager Approval Date: July 15, 2015
City Attorney Approval Date: July 15, 2015
Attachments (list in packet assembly order):
1. Agreement Regarding the Establishment and Collection of Regional Traffic Impact Fees
For the Northwest Specific Plan Area Between the City of Rohnert Park and the County
of Sonoma
2. Resolution Approving Agreement Regarding the Establishment and Collection of
Regional Traffic Impact Fees For the Northwest Specific Plan Area Between the City of
Rohnert Park and the County of Sonoma
OAK #4836-6851-1781 v1
RESOLUTION NO. 2015-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT REGARDING THE
ESTABLISHMENT AND COLLECTION OF REGIONAL TRAFFIC IMPACT FEES
FOR THE NORTHWEST SPECIFIC PLAN AREA BETWEEN THE CITY OF
ROHNERT PARK AND THE COUNTY OF SONOMA
WHEREAS, the City of Rohnert Park and County of Sonoma have expressed a desire to
enter into an agreement regarding the establishment and collection of regional traffic impact fees
for the Northwest Specific Plan Area,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Agreement by and between the City of
Rohnert Park, a municipal corporation, and the County of Sonoma Regarding the Establishment
and Collection of Regional Traffic Impact Fees for the Northwest Specific Plan Area
(“Agreement”) in substantially similar form as attached hereto as Exhibit “A” subject to review
and approval by the City Attorney.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute the Agreement.
DULY AND REGULARLY ADOPTED this 28th day of July, 2015.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
OAK #4836-6851-1781 v1
EXHIBIT A
AGREEMENT REGARDING THE ESTABLISHMENT AND
COLLECTION OF REGIONAL TRAFFIC IMPACT FEES FOR
THE NORTHWEST SPECIFIC PLAN AREA BETWEEN THE CITY OF ROHNERT
PARK AND THE COUNTY OF SONOMA AND
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 1
OAK #4845-7074-3588 v11
AGREEMENT REGARDING THE ESTABLISHMENT AND COLLECTION OF
REGIONAL TRAFFIC IMPACT FEES FOR THE NORTHWEST SPECIFIC PLAN AREA
BETWEEN THE CITY OF ROHNERT PARK AND THE COUNTY OF SONOMA
This Agreement Regarding the Establishment and Collection of Regional Traffic Impact
Fees For the Northwest Specific Plan Area (hereinafter “Agreement”) is made and entered into
as of July __, 2015 (“Effective Date”) by and between the CITY OF ROHNERT PARK
(“CITY”) and the COUNTY OF SONOMA (“COUNTY”).
RECITALS
1. On November 25, 2014, CITY adopted Resolution No. 2014-157 approving a
Specific Plan for the Northwest Specific Plan Area Located South of Millbrae Avenue, West of
Dowdell Avenue, North of Business Park Drive, and east of Langner Avenue in Sonoma County,
California (“NWSPA”).
2. On November 25, 2014, CITY adopted Resolution No. 2014-155 certifying the
Final Environmental Impact Report (“FEIR”), Adopting Statement of Overriding Considerations,
and Adopting Mitigation Monitoring Reporting Program for the NWSPA and annexation for the
NWSPA. The FEIR identified regional traffic impacts from development of the NWSPA that
cannot be mitigated unilaterally primarily because they are outside CITY’S jurisdiction.
3. On November 25, 2014, CITY adopted Resolution No. 2014-158 initiating an
application for a reorganization involving annexation to the CITY and concurrent detachment
from the Rincon Valley Fire Protection District and County Service Area No. 41 of the NWSPA.
CITY submitted an application for this reorganization to the Local Agency Formation
Commission of the County of Sonoma (“LAFCO”) in January 2015.
4. The FEIR includes a mitigation measure that commits the CITY to coordinating
with COUNTY to establish a regional impact fee program which would allow CITY to collect
fees from development within the NWSPA and contribute a proportional share of the total
mitigation costs of widening Stony Point Road associated with improving operations of the
intersections at Stony Point Road/Millbrae Avenue and Stony Point Road/Wilfred Avenue.
5. In order to establish and implement regional traffic impact fees for development
within the NWSPA (“NWSPA Regional Impact Fees”), it will be necessary for CITY to identify,
in consultation with the COUNTY, specific construction projects that will mitigate future traffic
impacts, the costs of those construction projects and the NWSPA’s share of those construction
projects. In accordance with the Mitigation Fee Act (Government Code Section 66000 et. seq.),
this establishment and implementation effort must include preparation of an appropriate study
establishing a reasonable relationship between: the fee’s use and the type of development project
on which the fee is imposed; the need for the public facility and the type of development project
on which the fee is imposed; and the amount of the fee and the cost of the public facility or
portion of the public facility attributable to the development on which the fee is imposed
(“Nexus Study”).
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 2
OAK #4845-7074-3588 v11
6. Mitigation of the regional traffic impacts of the NWSPA, as identified in the
FEIR, through execution by CITY and COUNTY of this Agreement was a condition to approval
by LAFCO of the Rohnert Park Reorganization No. 2014-0001 (Northwest Specific Plan),
involving annexation to the City of Rohnert Park and detachment from Rincon Valley Fire
Protection District and County Service Area No. 41.
7. CITY warrants to COUNTY that CITY is capable of and possesses the skill,
experience, ability, background, certification, and knowledge to approve, fund, and oversee the
preparation of the Nexus Study required by this Agreement.
8. CITY wishes to transfer to COUNTY all NWSPA Regional Impact Fees collected
from development within NWSPA following adoption of the appropriate Nexus Study, and
COUNTY is willing to accept such NWSPA Regional Impact Fees, to allocate those NWSPA
Regional Impact Fees exclusively to projects identified in the Nexus Study, to comply with all
reporting requirements of the Mitigation Fee Act and to refund NWSPA Regional Impact Fees to
appropriate parties as required by the Mitigation Fee Act, if COUNTY does not accomplish the
projects identified in the Nexus Study (or, if the administrative costs of refunding exceed the
amount to be refunded, to reallocate those Fees to related purposes in accordance with
Government Code section 66001(f)).
9. CITY and COUNTY desire to enter into this Agreement to define a framework to
enable the two parties to work cooperatively in the establishment, collection and administration
of NWSPA Regional Impact Fees.
NOW, THEREFORE, in consideration of the foregoing, CITY and COUNTY do
hereby agree as follows:
I. CITY AGREES:
1. Preparation of Nexus Study. CITY shall be responsible for authorizing,
conducting and funding a Nexus Study for the purpose of establishing regional traffic
improvements necessitated by development within the NWSPA which study shall be used to
establish NWSPA Regional Impact Fees. CITY agrees that the Nexus Study will be prepared in
accordance with all requirements of the Mitigation Fee Act (Government Code Section 66000 et
seq.).
2. Collection of NWSPA Regional Impact Fees. CITY hereby agrees to collect from
all developers who develop within the NWSPA all NWSPA Regional Impact Fees designated in
the Nexus Study prior to CITY’s approval of occupancy of the development project or any
portion thereof.
3. Transfer of NWSPA Regional Impact Fees to COUNTY. CITY shall, on a
quarterly basis, transfer to COUNTY for construction of those projects identified in the Nexus
Study, all NWSPA Regional Impact Fees collected by CITY from developers within the
NWSPA.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 3
OAK #4845-7074-3588 v11
4. Compliance with Laws. With regard to the NWSPA Regional Impact Fees, CITY
shall at all times use reasonable care to comply with all applicable laws of the United States, the
State of California, the City, and with all applicable regulations promulgated by federal, state,
regional, or local administrative and regulatory agencies, now in force and as they may be
enacted, issued, or amended during the term of this Agreement. Notwithstanding the foregoing,
COUNTY recognizes and understands that legal challenges to the NWSPA Regional Impact
Fees may occur, and COUNTY agrees that CITY shall not be deemed to have breached the
provisions of this Paragraph solely because a legal challenge to an Impact Fee is successful.
5. Records. For the duration of this Agreement, and for five (5) years following the
discharge of this Agreement, CITY shall make available to COUNTY all records relating to the
performance of this Agreement including all records produced in compliance with the Mitigation
Fee Act.
6. Failure to Comply. If a court of law determines that CITY’s’ collection and/or
transfer of NWSPA Regional Impact Fees under this Agreement is not in compliance with the
Mitigation Fee Act, CITY shall promptly take all reasonable steps necessary to bring the
collection and transfer of such fees into compliance with the Mitigation Fee Act. CITY
acknowledges that if it fails to collect and transfer fees in accordance with this Agreement, CITY
shall be responsible for undertaking alternative mitigation of the regional traffic impacts of the
NWSPA as required under Mitigation Measure TRANS-1A of the FEIR.
II. COUNTY AGREES:
1. Segregation of Fees. Upon receipt of NWSPA Regional Impact Fees from CITY,
COUNTY shall hold the NWSPA Regional Impact Fees in a separate, unique account and
allocate interest earned on held funds to said account.
2. Use of NWSPA Regional Impact Fees. COUNTY agrees that all NWSPA
Regional Impact Fees received from CITY shall be used exclusively for construction projects
identified in the Nexus Study, except as otherwise provided in the Mitigation Fee Act.
3. Administration of Funds. COUNTY's receipt and administration of all funds
received from City under this Agreement shall be in compliance with the Mitigation Fee Act.
4. Compliance with Laws. With regard to the NWSPA Regional Impact Fees,
COUNTY shall at all times use reasonable care to comply with all applicable laws of the United
States, the State of California, the County, and with all applicable regulations promulgated by
federal, state, regional, or local administrative and regulatory agencies, now in force and as they
may be enacted, issued, or amended during the term of this Agreement, including but not limited
to the Mitigation Fee Act. Notwithstanding the foregoing, CITY recognizes and understands that
legal challenges to the NWSPA Regional Impact Fees may occur, and CITY agrees that
COUNTY shall not be deemed to have breached the provisions of this Paragraph solely because
a legal challenge to the NWSPA Regional Impact Fee is successful.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
Page 4
OAK #4845-7074-3588 v11
5. Records. For the duration of this Agreement, and for five (5) years following the
discharge of this Agreement, COUNTY shall make available to CITY all records relating to the
performance of this Agreement including all records produced in compliance with the Mitigation
Fee Act.
6. Failure to Comply. COUNTY agrees that if a court of law has determined that
COUNTY’s receipt and administration of fees collected under this Agreement are not in
compliance with the Mitigation Fee Act, the CITY’s obligations under this Agreement to
transmit NWSPA Regional Impact Fees to COUNTY shall be suspended until such time that a
court of law has determined that the COUNTY has cured such non-compliance or the parties
have otherwise agreed. During the time of suspension, CITY shall continue to collect the
NWSPA Regional Impact Fees and shall hold such fees in a separate, unique account and
allocate interest earned on held funds to said account, unless a court of law has ordered, or the
parties have agreed to, a different allocation or distribution of the NWSPA Regional Impact
Fees. Once a court of law has determined that the COUNTY has cured any non-compliance with
the Mitigation Fee Act, CITY shall transmit to COUNTY all NWSPA Regional Impact Fees
accumulated during the suspension, together with interest accrued thereon, for COUNTY’s use
in accordance with this Agreement. In the event that COUNTY fails to cure such non-
compliance within the timeframes for expenditure of fees under the Mitigation Fee Act, CITY
shall refund NWSPA Regional Impact Fees to appropriate parties or reallocate such fees as
required by the Mitigation Fee Act.
III. IT IS MUTUALLY AGREED:
1. Term. This Agreement will remain in effect until fully performed or otherwise
discharged by mutual agreement of the parties as provided in Paragraph 3 or 14 of this Section
III.
2. Satisfaction of FEIR Mitigation Measures. It is understood between CITY and
COUNTY that execution and implementation of this Agreement satisfies all CITY obligations
under Mitigation Measure TRANS-1A of the FEIR.
3. Discharge. This Agreement shall be subject to discharge as follows:
a. This Agreement may be canceled by a party for any uncured, ongoing
breach of any material obligation, covenant or condition hereof by the other party, upon notice to
the breaching party. With respect to any breach which is reasonably capable of being cured, the
breaching party shall have thirty (30) days from the date of the notice to initiate steps to cure. If
the breaching party has initiated steps to cure within thirty (30) days and diligently pursues cure,
such party shall be allowed a reasonable time to complete that cure, not to exceed one hundred-
eighty (180) days from the date of the initial notice, unless a further extension is granted by the
non-breaching party. Such extension shall not be unreasonably denied, conditioned or delayed.
On cancellation, the non-breaching party retains the same rights as a party exercising its right to
terminate under the provisions of Paragraph 3(b) below, except that the canceling party also
retains any remedy for breach of the whole contract or any unperformed balance. If the
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
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Agreement is canceled by CITY because COUNTY has failed to meet the requirements to use
the NWSPA Regional Impact Fees towards regional traffic impacts identified in the NWSPA in
accordance with the Mitigation Fee Act and the timeframes set forth therein, CITY may, at its
option, demand repayment of all unexpended and uncommitted funds and funds determined by
audit not to have been expended or committed as provided for in this Agreement and the
Mitigation Fee Act, with interest accrued thereon and, thereafter, CITY shall be responsible for
undertaking alternative mitigation of the regional traffic impacts of the NWSPA as required
under Mitigation Measure TRANS-1A of the FEIR.
b. By mutual consent of both parties, this Agreement may be terminated at
any time. Upon termination by mutual consent, (i) COUNTY agrees that it shall be responsible
for third party claims arising from COUNTY's use of any unexpended and uncommitted funds
originally provided to COUNTY under this Agreement, and any interest that has accrued
thereon; and (ii) CITY agrees that it shall be responsible for undertaking alternative mitigation of
the regional traffic impacts of the NWSPA as required under Mitigation Measure TRANS-1A of
the FEIR.
c. Notwithstanding anything in this paragraph 3 of Section III, to the
contrary, CITY may not discharge, cancel, or terminate this Agreement if COUNTY has entered
into an agreement with any third party for the funding, design and/or implementation of any
construction project identified in the Nexus Study to be funded, in whole or in part, by NWSPA
Regional Impact Fees provided or to be provided by CITY under this Agreement, and the
discharge, cancellation, or termination would preclude COUNTY from fully performing its
duties and obligations under the third-party agreement.
4. Indemnity. Each party to this Agreement (the “Indemnifying Party”) agrees to
accept all responsibility for loss or damage to any person or entity, and to defend, indemnify,
hold harmless and release the other party (the “Indemnified Party”) (including the Indemnified
Party’s supervisors, officers, agents, and employees) from and against any and all liabilities,
actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity,
including the Indemnifying Party, to the extent resulting from the Indemnifying Party’s
performance of its obligations, or any failure to perform its obligations, under this Agreement,
but excluding liabilities, actions, claims, damages, disabilities, or expenses to the extent caused
by or due to the negligence or willful misconduct of the Indemnified Party. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for the parties hereto or their agents under workers’ compensation
acts, disability benefit acts, or other employee benefit acts.
5. Notices. Any notice which may be required under this Agreement shall be in
writing, shall be effective when received, and shall be given by personal service, or by certified
or registered mail, return receipt requested, to the addresses set forth below, or to such addresses
which may be specified in writing to the parties hereto.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
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OAK #4845-7074-3588 v11
To CITY:
City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
707-588-2243
admin@rpcity.org
To COUNTY:
Director
Permit and Resource Management Department
2550 Ventura Avenue
Santa Rosa, CA 95403
(707) 565-1900
6. Additional Acts and Documents. Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and instruments, as shall
be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
7. Integration. This Agreement represents the entire agreement of the parties with
respect to the subject matter hereof. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein.
8. Amendment. This Agreement may not be changed, modified or rescinded except
in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement
shall be void and of no effect.
9. Independent Agency. COUNTY renders its services under this Agreement as an
independent agency. None of the COUNTY’s agents or employees shall be agents or employees
of the CITY. None of the CITY’s agents or employees shall be agents or employees of the
COUNTY.
10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or
pledged by any party without the express written consent of the other party.
11. Successors. This Agreement shall be binding upon the successor(s), assignee(s)
or transferee(s) of the COUNTY or CITY as the case may be. This provision shall not be
construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other
than as provided above.
12. Severability. Should any part of this Agreement be determined to be
unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such
determination shall not affect the validity of the remainder of this Agreement, which shall
continue in full force and effect; provided that, the remainder of this Agreement can, absent the
excised portion, be reasonably interpreted to give effect to the intentions of the parties.
NWSPA Regional Traffic Impact Fees Agreement
City of Rohnert Park
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13. Survival. The covenants and obligations in paragraph 6 of Section II, and
indemnification obligations in paragraph 4 of Section III of this Agreement shall survive the
termination of this Agreement.
14. Limitation. All obligations of CITY to transfer funds under the terms of this
Agreement are expressly subject to CITY’s continued legal authority to collect and transfer the
NWSPA Regional Impact Fees collected from development. If for any reason CITY’s right to
collect or expend such NWSPA Regional Impact Fees is terminated or suspended in whole or
part by a court of law, CITY shall promptly notify COUNTY, and the parties shall consult on a
course of action. If, after ninety (90) days, a course of action is not agreed upon by the parties,
this Agreement shall be terminated, restricted or suspended commensurate with the judicially
determined limits of the City’s legal authority. CITY acknowledges that, notwithstanding such
termination, restriction or suspension of this Agreement, CITY shall remain responsible for
mitigation of the regional traffic impacts of the NWSPA, as required under Mitigation Measure
TRANS-1A of the FEIR.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date.
CITY OF ROHNERT PARK COUNTY OF SONOMA
By: By:
Amy Ahanotu, Mayor Susan Gorin, Chairwoman
ATTEST: APPROVED AS TO SUBSTANCE:
By: By:
JoAnne Buergler, City Clerk Veronica Ferguson, CAO
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
By: By:
City Attorney County Counsel
1
Up to
Meeting Date: July 28, 2015
Department: Finance
Submitted By: Betsy Howze, Finance Director
Prepared By: Betsy Howze, Finance Director
Agenda Title: Authorize the City Manager to Execute an Agreement with Bartel
Associates for Actuarial Consulting Services
RECOMMENDED ACTIONS:
Authorize the City Manager to execute a 3 year agreement with Bartel Associates for actuarial
consulting services in an amount not to exceed $48,000.
BACKGROUND:
Government Accounting Standards require that a government have an actuarial valuation of its
Other Post-Employment Benefits (OPEB) every two years or when a significant change has been
made to a plan. The City had its last valuation for the period ending June 30, 2013, and is due for
its valuation for the period ending June 30, 2015.
As a result of the June 30, 2011 valuation, the Council looked at options for funding the OPEB
unfunded liability, and adopted a funding plan, which included authorizing the opening of a trust
fund with the California Employers’ Retiree Benefit Trust (CERBT). This plan called for the
City to make the “pay go” costs each year in benefit payments to retirees, and an additional
contribution that would fully fund the City’s OPEB obligation to retirees by 2045. The plan is
currently funded each year at a set amount of $300,000 for the General Fund Portion of the
liability. By 2025, this amount increases to $1.5M for the CERBT payment portion which when
combined with the “pay go” amount equals $4M.
As funds have become available, the Council has approved additional funds for the CERBT
account. In FY 13-14 Council authorized an additional General Fund payment of $620,000, and
in FY 14-15 an additional $690,000 was authorized.
In July 2014, the City implemented a negotiated change in labor contracts with regard to future
retire medical obligations that included a buy-out of retiree medical for active employees. This
change was expected to have a significant impact on the City’s future obligation.
In order to prepare for the FY 15-16 Budget, the City requested that our actuary Bartel and
Associates prepare a preliminary valuation; however, a final valuation is now required as of the
end of FY 14-15 per accounting standards. Because the preliminary work was completed earlier
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
2
this year, the final valuation should be completed well within the time to include the required
information in the City’s audited financial statements.
The valuation will also be used to recommend an update to the 2011 funding plan.
OPTIONS CONSIDERED:
This is a required report.
FISCAL IMPACT:
The total contract maximum is $48,000, and covers actuarial and reporting services for three
fiscal years: FY 15-16 $20,000; FY 16-14 1,500; FY 17-18 $25,000. Also included is a
contingency of $1,500 for additional work that would only be authorized if deemed necessary by
the City Manager. Funds to pay the FY 2015-16 cost of the contract has been budgeted in the
FY 2015-16 Finance Budget, and a portion of the costs will be recouped through the Cost
Allocation Plan.
Department Head Approval Date: July 13, 2015
City Manager Approval Date: July 14, 2015
City Attorney Approval Date: N/A
Attachments (list in packet assembly order):
1. Proposed contract.
AGREEMENT
ACTUARIAL CONSULTING SERVICES
THIS AGREEMENT is entered into as of the lOth day of April, 2015 by and between the CITY
OF ROHNERT PARK ("City"), a California municipal corporation, and Bartel Associates, LLC
("Consultant").
RECITALS
WHEREAS, City desires to obtain actuarial consulting services for Fiscal Years 2015-
2018 for Post-retirement Healthcare Program on behalfofthe City; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined terms set
forth in such recitals and in the introductory paragraph preceding the recitals, are hereby
incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his/her designee shall represent City for all
purposes under this Agreement. The Finance Director, Betsy Howze is hereby designated as the
Project Manager. The Project Manager shall supervise the progress and execution of this
Agreement.
B. Consultant. The Consultant shall assign Marilyn Oliver, to have overall
responsibility for the progress and execution of this Agreement for Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the "Scope of Work" attached hereto as Exhibit A and incorporated herein by reference.
1
B. Time of Performance. The services of Consultant are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with all applicable legal requirements
and shall meet the standard of quality ordinarily to be expected of competent professionals in
Consultant's field of expertise.
4. Compensation and Method of Payment.
A . Compensation. The compensation to be paid to Consultant, for
professional services, shall be at the rate and schedules attached hereto as Exhibit A, and
incorporated herein by reference. Payment by City under this Agreement shall not be deemed a
waiver of unsatisfactory work, even if such defects were known to the City at the time of
payment.
A. Timing of Payment. Consultant shall submit itemized monthly statements
for work performed. City shall make payment, in full, within thirty (30) days after approval of
the invoice by the Project Manager.
B. Changes in Comoensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Paragraph 4(A) without prior written
amendment to this Agreement.
C. Taxes. Consultant shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
D. No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty ( 40) hours
per work week, or work performed during non-standard business hours, such as in the evenings
or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it
is in the form of sick leave, administrative leave, or for any other form of absence.
E. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Consultarit shall not commence any work exceeding the Scope of
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Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
6. Term. This Agreement shall commence upon its execution by both parties and
shall continue in full force and effect until completed, amended pursuant to Section 21, or
otherwise terminated as provided herein.
7. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if any,
shall be subject to the Project Manager's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all reports submitted by the Consultant under
the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by
any person, firm, corporation, or agency without the expressed written consent of the City.
Reports prepared under the Agreement shall be made available, upon request, to City without
restriction or limitations on their use. (Except as stated in paragraph 19. D. regarding Consultant
not being liable for such use). Consultant may retain copies of the above-described information
but agrees not to disclose or discuss any information gathered, discussed or generated in any way
through this Agreement without the written permission of City during the term of this
Agreement, unless required by law. Consultant's working papers are the Consultant's property.
9. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
10. Conflict of Interest.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees to at all times avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Consultant is not a designated employee within the meanmg of the
Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel independent of the control and
direction of the City or of any City official, other than normal contract monitoring; and
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(2) Possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs.
§ 18700(a)(2).)
11. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement.
12. Indemni ty. To the fullest extent permitted by law, Consultant hereby agrees to
defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its
officers, elected officials, employees, agents, and volunteers from and against any and all claims,
demands, damages, costs, liabilities, or obligations brought on account of or arising out of any
acts, errors, or omissions of Consultant, its officers, employees, agents, and subcontractors
undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful
misconduct of City. The City has no liability or responsibility for any accident, loss, or damage
to any work performed under this Agreement whether prior to its completion and acceptance or
otherwise. Consultant's duty to indemnify and hold harmless, as set forth herein, shall include
the duty to defend as set forth in California Civil Code § 2778. This indemnification obligation
is not limited in any way by any limitation on the amount or type of damages or compensation
payable by or for Consultant under Worker's Compensation, disability or other employee benefit
acts or the terms, applicability or limitations of any insurance held or provided by Consultant and
shall continue to bind the parties after termination/completion of this agreement. This
indenmification shall be regardless of and not in any way limited by the insurance requirements of this
contract. This indenmification is for the full period of time allowed by law and shall survive the
termination of this agreement.
13. Consultant Not an Agent of City. Consultant, its officers, employees and agents
shall not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that Consultant, in the performance
of the work and services agreed to be performed by Consultant, shall act as and be an
independent contractor and not an agent or employee of City; and as an independent contractor,
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's
employees, and Consultant hereby expressly waives any claim it may have to any such rights.
15. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. Consultant
shall maintain a City business license. The City is not responsible or liable for Consultant's
failure to comply with any or all ofthe requirements contained in this paragraph.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
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provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencmg performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Consultant and Consultant's sub-consultants (if any)
shall, to the extent required by the California Labor Code, pay not less than the latest prevailing
wage rates to workers and professionals as determined by the Director of Industrial Relations of
the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of
the applicable wage determination are on file at the City's office of the City Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code§ 6401.7, which requires every
employer to adopt a written injury and illness prevention program.
E. City Not Responsible. City is not responsible or liable for Consultant's
failure to comply with any and all of its requirements under this section and Agreement.
F. Waiver of Subrogation. Consultant and Consultant's insurance company
agree to waive all rights of subrogation against City, its officers, elected officials, employees,
agents and volunteers for losses paid under Consultant's workers' compensation insurance policy
which arise from the work performed by Consultant for the City.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by the City, or as required by law.
17. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent. Any assignment
without such approval shall be void and, at the City's option, shall immediately cause this
Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
18. Insurance. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit B to this Agreement.
19. Termination of Agreement; Default.
1208604vl 80078/0012 Revised: 10/27/10
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon 5-days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, in addition to all other remedies provided by law, City may termin,ate this Agreement
immediately upon written notice. In such event, Consultant shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred hereunder, an amount
which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause, Consultant
shall tum over to the City Manager immediately copies of reports prepared by Consultant or its
subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. Consultant shall
be entitled to retain copies of such documents and shall not be required to erase all electronic
backup copies or data. As stated above in section 8, Consultant's working papers remain the
property of Consultant. Consultant, however, shall not be liable for the City's use of incomplete
materials nor for the City's use of complete documents if used for other than the project
contemplated by this Agreement.
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory Services performed through the date of
temporary suspension.
21. Merger: Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between the City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
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court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc.
shall be addressed to the other party at the address set forth below. Either party may change its
address by notifying the other party of the change of address. Notice shall be deemed
communicated within 72 hours from the time of mailing if mailed as provided in this section.
Ifto City:
If to Consultant:
Betsy Howze
City of Rohnert Park -City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Marilyn Oliver, Vice President and Actuary
Bartel Associates, LLC
411 Borel Avenue, Suite 101
San Mateo, CA 94402
26. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to the City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to the City
for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
27. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
28. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, age, sex, creed, color, sexual orientation, marital status or national
origin. Consultant will take affirmative action to ensure that applicants are treated during such
employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or
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national ongm. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Consultant further agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions-of this nondiscrimination
clause.
29. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than the Consultant.
30. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
31. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
32. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work I Compensation
B. Exhibit B: Insurance Requirements
33. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
34. News Releases/Interviews. All Consultant and sub-consultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by the City.
35. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
36. Authori!,y. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
37. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant
comes within the definition of Consultant under the Political Reform Act (Government Code
§87100), Consultant shall complete and file a "Statement ofEconomic Interest" with the Clerk of
the City of Rohnert Park disclosing Consultant and/or such other person's financial interests.
-8-
1208604vl 80078/0012 Revised: 10/27110
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date
first above written.
CITY OF ROHNERT PARK
By: __________________________ ___
City Manager
Date: --------------------------
APPROVED AS TO FORM:
By: __________________________ ___
City Clerk
-9-
1208604vl 80078/0012
BARTEL ASSOCIATES, LLC
By:~~b. cct·~
Title: t/t Cu l?eff=.r.L)t.Jr
Date: 4/.>\o ld1J t '>' r I
Revised: 10/27/10
EXHIBIT A
SCOPE OF WORK I COMPENSATION
Actuarial Consulting Services and Associated Fees for FY 2015-2018 are outlined in the attached
letter from Bartel Associates dated March 18, 2015.
TOTAL CONTRACT NOT TO EXCEED $48,000.
[10]
1208604v 1 80078/0012 Revised: 10/27/10
EXHIBITB
INSURANCE REQUIREMENTS for Consultant Services Agreement
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and coverage
required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. Limits are subject to review
but in no event less than $2,000,000 (Two Million Dollars) per occurrence, and $4,000,000 (Four Million
Dollars) annual aggregate .
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 (One
Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-
owned auto .endorsement to the general liability policy described above . If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers or authorized to transact insurance in the state of California and with an A .M Bests rating of A-
or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant.
1. Consultant agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insureds the City, its officers, elected officials, employees, agents,
and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If
completed operations coverage is excluded, the policy must be endorsed to include such coverage.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
[11]
1208604vl 80078/0012 Revised: 10/27110
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application of
such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so-called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City's protection without City's prior
written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days' notice to City of any cancellation
of coverage. Consultant agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply
with the requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self-insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project that
is brought onto or involved in the project by Consultant, provide the same minimum insurance
coverage required of Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the
[12]
1208604vl 80078/0012 Revised: 10/27110
requirements of this section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review ..
12. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self-insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention, the deductible or
self-insured retention must be declared to the City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be available prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within forty-five days of the expiration of
the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its officers, elected officials, employees, agents, and
volunteers.
18. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits· or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in
this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this
Section.
[13]
1208604vl 80078/0012 Revised: 10/27/10
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional
insurance coverage required by this agreement Any such provisions are to be deleted with
reference to City. It is not the intent of City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
[14]
1208604vl 80078/0012 Revised: 10/27/10
CERTIFICATE OF CONSULTANT
I, HEREBY CERTIFY that I am the Vice President and Actuary, and a duly authorized
representative of the firm of Bartel Associates, LLC whose address is 411 Borel A venue, Suite
101, San Mateo, CA 94402 and that neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date I I Signature
[15]
l208604vl 80078/0012 Revised: 10/27/10
1
Meeting Date: July 28, 2015
Department: Development Services
Submitted By: Mary Grace Pawson, Acting Director of Development Services
Prepared By: Mary Grace Pawson, Acting Director of Development Services
Agenda Title: Authorizing the City Manager to Execute the Third Amendment to the
Land Lease Agreement for the Benicia Park Cell Tower Site
RECOMMENDED ACTION: Authorize the City Manager to Execute the Third Amendment
to the Land Lease Agreement for the Benicia Park Cell Tower Site.
BACKGROUND: On June 29, 2004, the City and Sprint entered into a Land Lease Agreement
to locate a cell tower at the City’s Benicia Park. This Agreement has been amended twice to
accommodate changes in use at the site. Sprint wishes to modify the installation to add new
equipment at the site and the City has negotiated additional rent to accommodate this increased
use. In addition Sprint and the City have negotiated modifications to four other areas of the
agreement described below.
Section 7, which describes the City’s approval process has been modified to allow the City 30
days to review time for proposed changes, except in special cases, where the City may request
additional review time in writing.
Section 10, which describes termination proceedings, has been revised to replace annual
termination provisions with provisions for termination for specific causes including, default by
either party, interference with cell towers operation and City redesign of the larger park site
(after 15 years of from the effective date of the amendment).
Section 11, which provides for protection against frequency interference, has been revised to
better describe each parties’ obligations to comply with all noninterference and other rules of the
Federal Communications Commission and specifically protect the City’s Public Safety
equipment on the site.
The proposed amendment also deletes Section 13 which contains provisions related to rights of
first refusal should the City choose to sell all or part of the Property.
OPTIONS CONSIDERED: None. Executing the Third Amendment is consistent with ongoing
use of the Benicia Park Site for cell tower service.
FISCAL IMPACT/FUNDING SOURCE: The Third Amendment will increase the lease
revenue by $600 per month for the Benicia Park site.
Department Head Approval Date: NA
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
2
City Manager Approval Date: 7/10/2015
City Attorney Approval Date: 07/10/2015
Finance Director Approval Date: NA
Attachments (list in packet assembly order):
1. Third Amendment to the Land Lease Agreement for the Benicia Park Cell Tower
Site
Site Name: Benicia Park Site ID #: SF62XC903
THIRD AMENDMENT TO LAND LEASE AGREEMENT
This Third Amendment to Land Lease Agreement (this "Amendment"), effective as of the date last signed below ("Effective
Date"), amends a certain Land Lease Agreement between Sprint Spectrum Realty Company, L.P., a Delaware limited partnership,
successor in interest to Sprint Spectrum L.P., a Delaware limited partnership ("Lessee") and the City of Rohnert Park ("Lessor"),
dated June 29, 2004, as amended by First Amendment to Land Lease Agreement dated June 12, 2007, and Second Amendment to
Land Lease dated October 25,2012 (collectively, the "Agreement").
BACKGROUND
WHEREAS, Lessee desires to modify its installation on the Premises by adding a total of three (3) antennas, and
three (3) RRU's as more particularly described in Exhibit B-1 dated July 24, 2014, annexed hereto. Lessee and Lessor also desire to
modify the provisions of the Agreement to increase the rent due under the Agreement, modify provisions related to approval of
alterations on the Property, revise provisions related to termination, revise provisions related to frequency interference, delete
provisions related to rights of first refusal should Lessor choose to sell all or part of the Property.
AGREEMENT
For good and valuable consideration the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as
follows:
1. Modification to the Facilities. Exhibit B to the Agreement is hereby replaced by Exhibit B-1, a copy of which is attached
and made a part hereof. Upon full execution of this Amendment, Lessee is permitted to do all work necessary to prepare, maintain and
alter the Premises to install or otherwise modify Lessee's equipment, as described and contemplated above and in Exhibit B-1.
2. Modification to Rent. As additional consideration for the modification and other rights set forth in this Amendment, starting
on the date Sixty (60) days after the full execution of this Amendment; the monthly rent will be increased by Six Hundred Dollars
($600.00).
3. Section 7 (Use; Governmental Approvals). The sentence beginning in the 14th line with the words "In the event Lessor
does not either. .. " and ending with "Lessor will be deemed to have approved them" is deleted in its entirety and replaced with the
following: Plans submitted to Lessor will be considered to be unreasonably withheld, conditioned or delayed if Lessor does not
provide written approval or disapproval within thirty (30) calendar days from receipt of such plans in writing from Lessee. If for some
reason Lessor requires more time for review, Lessor agrees to notify Lessee in writing of such circumstance and provide a new
reasonable timeframe outlining when Lessee will receive approval or disapproval of such plans from Lessor.
4. Section 10 (Annual Termination). -This section is deleted in its entirety and replaced with the following: This Agreement
may be terminated, without penalty or further liability, pursuant to the following conditions: (a) by either party on thirty (30) days'
prior written notice, if the other party remains in default under Section 24 of this Agreement after the applicable cure periods; (b) by
Lessee upon sixty (60) days prior written notice if it can demonstrate in writing that its signal is being blocked or there is incurable
interference and despite reasonable efforts to remedy this, its signal cannot reach its desired coverage area; (c) by LESSOR after
expiration of the first fifteen (15) years from the Effective Date of this Agreement: Lessor may terminate this Agreement upon two (2)
year's notice to Lessee under the following conditions: (i) Lessor or its successor in interest has engaged architects and/or engineers to
prepare plans for the re-development of the Property; (ii) Lessee's equipment cannot be relocated to another area of the Property
reasonably acceptable to Lessor and Lessee; and (iii) Lessee's equipment cannot be relocated to an alternate, nearby property owned
by the Lessor that is reasonably acceptable to Lessee.
5. Section 11 (Interference). This section is deleted in its entirety and replaced with the following:
At all times during the term of this Agreement, Lessee agrees to use equipment of the type and frequency that will not cause
interference to Lessor's (City Police and Fire) equipment on or in Lessor's property and shall comply with all non-
interference and otherrules of the Federal Communications Commission ("FCC"). If any interference to the
use or enjoyment of the Property by Lessor results, directly or indirectly, from the operation of any of Lessee's equipment,
Lessee shall cease operations of its equipment as soon as possible, and in no event more than forty eight (48) hours, after
written notice from Lessor. Lessee shall not resume operation of its equipment (except for intermittent testing) until the
interference has been corrected to the satisfaction of Lessor.
Provided that any frequencies used by Lessee will not cause interference with the properly licensed and permitted frequencies in use
or in operation at the Premises and notwithstanding anything to the contrary contained herein or in the Agreement, Lessee may operate
Lessee's Facilities at any existing frequencies for which it has all requisite permits, leases or licenses. It is understood that Lessee's
equipment currently operates within the following licensed frequency ranges:
CDMA
CDMA
LTE 1.9
LTE 2.5
Transmit
1930.625 to 1939.375
862.275 to 863.525
1990.625 to 1994.375
2496-2690Mhz
Receive
1850.625 to 1859.375
817.275 to 818.525
1910.625 to 1914.375
2496-2690Mhz
Any future non City of Rohnert Park or County of Sonoma Police and Fire department or Federal Department of Homeland
Security lease, license, with any third party entered into by Lessor shall be conditioned upon the contracting party not
interfering with the operation of Lessee's equipment. Lessor shall require such condition in future leases and licenses at the
Property and to promptly and reasonably enforce such provisions.
Lessor and Lessee acknowledge that they are both using the Premises to operate various radio equipment in accordance with
applicable Federal Communications Commission Rules. Lessor and Lessee believe that both systems can co-exist without
interference with each other's systems. Lessee agrees to accept the risk of any interference occurring and further agrees that
should its system or any of its components cause interference to Lessor's system or any of its components, that Lessee, at its
expense, will take all necessary steps to eliminate said interference to the satisfaction of Lessor. Lessee also agrees to bear
any and all costs necessary to determine the existence of, as well as the nature and cause of any interference, including but
not limited to, professional radio frequency surveys and transmission strength monitoring.
6. Section 13 (Right of First Refusal). -This section is hereby deleted in its entirety from the Agreement.
7. General Terms and Conditions.
a. All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the
terms contained in the Agreement.
b. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and
conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth herein, all provisions of the
Agreement are ratified and remain unchanged and in full force and effect.
c. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original.
d. Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and
perform its respective obligations under this Amendment.
***SIGNATURES ON FOLLOWING PAGE***
Basic Amendment template. Project Vision
Revised 5.25.11 2
The parties have executed this Amendment as of the Effective Date.
Lessor:
City of Rohnert Park
By: __________________________ _
Name: ---------------------------
Title:
Date:
(Date must be completed)
Attest:
By: __________________________ ___
Name: __________________________ _
Title: ---------------------------
Date: ________________ _
(Date must be completed)
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
ATTEST:
JoAnne Buergler, City Clerk
Basic Amendment template, Project Vision
Revised 5.25.11
Lessee:
Sprint Spectrum Realty Company, L.P.
a Delaware limited partnership
By: -~t2t:..c,..L.l..<' /~'---"'t(_"'----ir--f;_'--+<-~~-"=--
Name: /J L B A t-=1'1 I Ol 0 /tll_jg£:{2_
Title: _ __::?;__r:_.;..e...e...L-A'-I'i-.L..-Vl'--1-W~-'-'it__,_cb"-->oEJL"'-'--
Date: --~v-+-( -"'=-?o___,/r--~-D_____,t S::..___ __
(Date must be completed)
3
Basic Amendment template, Project Vision
Revised 5.25. II
Exhibit B-1
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1
Meeting Date: July 28, 2015
Department: Development Services
Submitted By: Mary Grace Pawson, Acting Director of Development Services
Prepared By: Mary Grace Pawson, Acting Director of Development Services
Agenda Title: Authorizing the City Manager to Execute Assignment of Recycled Water
User Agreements with the City of Santa Rosa
RECOMMENDED ACTION: Authorize the City Manager to Execute Assignment of Recycled
Water User Agreements with the City of Santa Rosa
BACKGROUND: On July 14, 2014, the Council authorized the execution of an Agreement
with the City of Santa Rosa that transfers the Rohnert Park Reuse System, including customers,
to the City of Rohnert Park, effective August 1, 2015. This Agreement was also approved by
Santa Rosa’s Board of Public Utilities on July 16, 2015. There are 17 users of the Rohnert Park
Reuse System including, the City, Foxtail Golf Course, the Cotati-Rohnert Park Unified School
District, Sonoma State University, CalTrans and 12 private irrigation customers. Each of these
users has a User Agreement with Santa Rosa that outlines the terms and conditions for recycled
water use, including the rate paid for water and the customers’ site management responsibilities.
The existing User Agreements are referenced as Exhibit A to the Assignment Agreement and
these User Agreements have been placed on file with City Clerk for Council’s reference. The
recommended action would allow the City Manager to execute Assignment Agreements with
Santa Rosa for each user, in substantially similar form to Attachment 1. Through the assignment
agreements, Santa Rosa would transfer its rights and obligations under each User Agreement to
Rohnert Park, after which the City would become the recycled water provider for that customer.
OPTIONS CONSIDERED: None. Executing the Assignment of User Agreements is consistent
with the approved Recycled Water System Transfer.
FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact from executing the
Assignment of User Agreements
Department Head Approval Date: NA
City Manager Approval Date: 07/15/2015
City Attorney Approval Date: 07/13/2015
Finance Director Approval Date: NA
Attachments (list in packet assembly order):
1. Assignment of User Agreement
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
1
ASSIGNMENT OF USER AGREEMENT
[Reference name User Agreement with Customer here]
This ASSIGNMENT OF USER AGREEMENT (“Assignment”) is made and entered into as of
this ________ day of ________, 2015, (the “Effective Date”), by and between the City of Santa
Rosa, a charter city (“Assignor”) and the City of Rohnert Park, a general law city (“Assignee”)
(collectively, the “Parties”).
RECITALS
A. Assignor and Assignee have entered into that certain “Producer/Distributor Agreement for
Transfer of the Rohnert Park Urban Reuse System and Supply of Recycled Water” dated July 13,
2015 (the “Agreement”), pursuant to which Assignor is transferring to Assignee the Rohnert
Park Urban Reuse System as more particularly described in the Agreement. Unless otherwise
defined in this Agreement, capitalized terms shall have the meanings given to them in the
Agreement.
B. Assignor is a party to the [NAME OF USER AGREEMENT WITH CUSTOMER] between
Assignor and [NAME OF USER IN THE USER AGREEMENT TO BE ASSIGNED] dated
_____________ (“User Agreement”), a copy of which is attached as Exhibit A to this
Assignment and incorporated by reference.
C. Pursuant to the terms of the Agreement, Assignor desires to assign Assignor's rights, title, and
interest in the User Agreement to Assignee, and Assignee desires to accept the assignment and
assume all of Assignor’s obligations under the User Agreement.
NOW, THEREFORE, in consideration of the terms and conditions of the Agreement, Assignor
and Assignee agree as follows:
1. Assignment of User Agreement Rights.
Assignor assigns and transfers to Assignee all of its right, title, and interest in and to the User
Agreement as of the Effective Date.
2. Acceptance of Assignment and Obligations.
Assignee agrees to and accepts the assignment of Assignor’s rights, title, and interest in and to
the User Agreement, and assumes and covenants to keep, perform, and fulfill Assignor’s
obligations under the User Agreement.
3. Successors and Assigns.
2
This Assignment shall inure to the benefit of, and be binding on, successors and assigns of the
parties.
4. Counterparts.
This Assignment may be executed in any number of counterparts, each of which shall be deemed
an original. The counterparts shall together constitute but one agreement.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the Effective Date.
CITY OF ROHNERT PARK
By: __________________________________
Name: _______________________________
Title: ________________________________
ATTEST:_____________________________
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
By: __________________________________
Michelle Marchetta Kenyon, City Attorney
CITY OF SANTA ROSA
By: ________________________________
Name:______________________________
Title:_______________________________
APPROVED AS TO FORM:
By: _________________________________
City Attorney’s Office
Attachment: User Agreement
1
Meeting Date: July 28, 2015
Department: Public Works
Submitted By: John McArthur, Director of Public Works and Community Services
Agenda Title: Authorize the City Manager to Execute an Extension to the Municipal
Staffing Agreement for Temporary Staffing Services with Government
Staffing Services Inc., dba MuniTemps in the Amount of $14,000
RECOMMENDED ACTION:
City Council Authorize the City Manager to execute and extension to the Municipal Staffing
Agreement with Government Staffing Services, Inc., dba MuniTemps, for temporary staffing
services in the amount of $14,000.
BACKGROUND:
The fiscal year 2015-16 Operating Budget includes a new position in the Public Works
Department to oversee and ensure legal compliance with a variety of environmental programs.
Earlier this spring, with the anticipation of growing environmental program needs, the City
entered into an agreement for temporary staffing services with Government Staffing Services,
Inc., dba MuniTemps for a part-time Environmental Specialist position. Over the past few
months, the part-time Environmental Specialist has played a critical role in implementing
emergency State mandated water conservation measures and the transition plan of the City of
Santa Rosa recycled water system to the City of Rohnert Park.
ANALYSIS:
The full-time Environmental Coordinator job classification was approved by the City Council on
July 14, 2015 and the position is currently being recruited. Staff anticipates having this position
filled later this summer. The current agreement with MuniTemps will reach its maximum
expenditure limit by the first week of August. In the meantime, the services provided by the
part-time position are still needed. Staff recommends extending the agreement until September
30, 2015 at which time the full-time position should be filled. The extension amount would be
$14,000 and the total agreement value would be increased from $30,000 to $44,000. The
proposed extension would exceed the City Manager’s authority for approving a service
agreement; therefore this extension is before the City Council for approval.
OPTIONS CONSIDERED:
In consideration of the short time frame and current need, as well as the unique experience and
familiarity of the existing part-time employee, extending the current agreement provides the best
opportunity to successfully implement the current environmental projects and programs.
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.
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Terminating the agreement and pursuing part-time help from other sources would disrupt or halt
any momentum gained on these efforts.
FISCAL IMPACT/FUNDING SOURCE:
Sufficient funding is available in the Water, Sewer and Reclaimed Water 2015-16 Operating
Budgets for the proposed agreement extension.
Department Head Approval Date: July 21, 2015
City Manager Approval Date: July 22, 2015
City Attorney Approval Date: N/A
Attachments:
1. Government Staffing Services, Inc., dba MuniTemps, Municipal Staffing Agreement
2. Exhibit “A” Environmental Specialist Exhibit to Agreement
Rev. 7/15
Page 1
Municipal Staffing Agreement
GOVERNMENT STAFFING SERVICES, INC., dba MuniTemps, with its Corporate Mailing
Address at MuniTemps Corporate Lockbox, PO Box 718, Imperial Beach, CA 91933
(“STAFFING FIRM”), and the CITY OF ROHNERT PARK, with its principal municipal office
located at 130 Avram Avenue, Rohnert Park, CA 94928 (“CITY”) agree to the terms and
conditions set forth in this Municipal Staffing Agreement (the “Agreement”).
STAFFING FIRM’s Duties and Responsibilities
1. STAFFING FIRM will:
a. Recruit, screen, interview, and assign its employees (“Assigned Employees”) to
perform the type of work described on Exhibit A under CITY’s supervision at the
locations specified on Exhibit A;
b. Pay Assigned Employees’ wages and provide them with the benefits that STAFFING
FIRM offers to them;
c. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and
workers’ compensation benefits; and handle unemployment and workers’
compensation claims involving Assigned Employees;
d. Prior to assigning any employees to perform any work for City, STAFFING FIRM will
identify potential candidates to CITY that are “Retired Annuitants” from the California
Public Employees Retirement System (CalPERS)
CITY’s Duties and Responsibilities
2. CITY will:
a. Properly supervise Assigned Employees performing its work and be responsible for
its business operations, products, services, and intellectual property;
b. Properly supervise, control, and safeguard its premises, processes, or systems, and
not permit STAFFING FIRM employees to operate any vehicle or mobile equipment
(unless authorized under section 2.f. below), or entrust them with unattended
premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret
information, negotiable instruments, or other valuables without STAFFING FIRM’s
express prior written approval or as strictly required by the job description provided to
STAFFING FIRM;
c. Provide Assigned Employees with a safe work site and provide appropriate safety
information, training, and safety equipment with respect to any hazardous
substances or conditions to which they may be exposed at the work site;
d. Not change Assigned Employees’ job duties without STAFFING FIRM’s express prior
written approval; and
Rev. 7/15 Page 2
e. Exclude Assigned Employees from CITY’s benefit plans, policies, and practices, and
not make any offer or promise relating to Assigned Employees’ compensation or
benefits.
f. CITY is authorized to direct STAFFING FIRM’s employees to drive CITY vehicles
and equipment if CITY assumes liability for STAFFING FIRM’s employees under
CITY’s auto insurance policy and names STAFFING FIRM as “additionally insured”.
Payment Terms, Bill Rates, and Fees
3. CITY will pay STAFFING FIRM for its performance at the rates set forth on Exhibit A and
will also pay any additional costs or fees set forth in this Agreement. STAFFING FIRM
will invoice CITY for services provided under this Agreement on a Semi-Monthly basis.
Payment is due on receipt of invoice. Invoices will be supported by the pertinent time
sheets or other agreed system for documenting time worked by the Assigned
Employees. CITY’s signature or other agreed method of approval of the work time
submitted for Assigned Employees certifies that the documented hours are correct and
authorizes STAFFING FIRM to bill CITY for those hours. If a portion of any invoice is
disputed, CITY will pay the undisputed portion.
4. STAFFING FIRM shall email invoices and supporting timesheets directly to the CITY’s
Accounts Payable office with a copy sent to any designated Department of the CITY.
5. STAFFING FIRM may assign two classes of Employees at CITY: (1) “Executive”
Employees are presumed to be exempt from laws requiring premium pay for overtime,
holiday work, or weekend work. These Employees are assigned on a fixed monthly
salary contract which will be paid and pro rated on a bi-weekly pay cycle. When
assigned Employee completes project at CITY, CITY will be required to pay the pro rated
amount of the monthly salary contract agreed to in Exhibit A as of the full week ending
last day worked at the CITY. (2) “Non-Executive” Employees are presumed to be
nonexempt from laws requiring premium pay for overtime, holiday work, or weekend
work. STAFFING FIRM will charge CITY special rates for premium work time only when
an Assigned Employee’s work on assignment to CITY, viewed by itself, would legally
require premium pay and CITY has authorized, directed, or allowed the Assigned
Employee to work such premium work time. CITY’s special billing rate for premium hours
will be the same multiple of the regular billing rate as STAFFING FIRM is required to
apply to the Assigned Employee’s regular pay rate. (For example, when federal law
requires 150% of pay for work exceeding 40 hours in a week, CITY will be billed at 150%
of the regular bill rate.)
6. STAFFING FIRM may also provide “direct hire” (executive search) services if requested
by the CITY. The direct hire fee is $10,000 for positions with annual salary “less than”
$100,000 and $15,000 for positions with annually salary “greater than” $100,000. A
separate Exhibit “A” would be provided for any direct hire services requested by CITY.
Confidential Information
7. Both parties may receive information that is proprietary to or confidential to the other
party or its affiliated companies and their CITYs. Both parties agree to hold such
information in strict confidence and not to disclose such information to third parties or to
use such information for any purpose whatsoever other than performing under this
Agreement or as required by law. No knowledge, possession, or use of CITY’s
confidential information will be imputed to STAFFING FIRM as a result of Assigned
Employees’ access to such information.
Rev. 7/15 Page 3
Cooperation
8. The parties agree to cooperate fully and to provide assistance to the other party in the
investigation and resolution of any complaints, claims, actions, or proceedings that may
be brought by or that may involve Assigned Employees.
Indemnification and Limitation of Liability
9. To the extent permitted by law, STAFFING FIRM will defend, indemnify, and hold CITY
and its directors, officers, agents, representatives, and employees harmless from all
claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused
by STAFFING FIRM’s breach of this Agreement; its failure to discharge its duties and
responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful
misconduct of STAFFING FIRM or STAFFING FIRM’s officers, employees, or authorized
agents in the discharge of those duties and responsibilities. The foregoing indemnity
excludes claims arising as a result of the sole negligence or willful misconduct of City.
10. To the extent permitted by law, CITY will defend, indemnify, and hold STAFFING FIRM
and its parent, subsidiaries, directors, officers, agents, representatives, and employees
harmless from all claims, losses, and liabilities (including reasonable attorneys’ fees) to
the extent caused by any acts undertaken by STAFFING FIRM employees at the
direction of CITY employees.
11. Neither party shall be liable for or be required to indemnify the other party for any
incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in
connection with this Agreement, regardless of the form of action (whether in contract,
tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if
such party has been advised of the possibility of such damages.
12. As a condition precedent to indemnification, the party seeking indemnification will inform
the other party within 15 business days after it receives notice of any claim, loss, liability,
or demand for which it seeks indemnification from the other party; and the party seeking
indemnification will cooperate in the investigation and defense of any such matter.
13. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete
agreement between the parties with respect to indemnification, and each party waives its
right to assert any common-law indemnification or contribution claim against the other
party.
Miscellaneous
14. Notwithstanding any other provision of this Agreement to the contrary, the provisions of
paragraphs 9 - 13 shall remain effective after termination or renewal of this Agreement.
15. No provision of this Agreement may be amended or waived unless agreed to in a writing
signed by the parties.
16. Each provision of this Agreement will be considered severable, such that if any one
provision or clause conflicts with existing or future applicable law or may not be given full
effect because of such law, no other provision that can operate without the conflicting
provision or clause will be affected.
17. This Agreement and the exhibits attached to it contain the entire understanding between
the parties and supersede all prior agreements and understandings relating to the
subject matter of the Agreement.
Rev. 7/15 Page 4
18. The provisions of this Agreement will inure to the benefit of and be binding on the parties
and their respective representatives, successors, and assigns.
19. The failure of a party to enforce the provisions of this Agreement will not be a waiver of
any provision or the right of such party thereafter to enforce each and every provision of
this Agreement.
20. CITY will not transfer or assign this Agreement without STAFFING FIRM’s written consent.
21. Any notice or other communication will be deemed to be properly given only when sent
via the United States Postal Service or a nationally recognized courier, addressed as
shown on the first page of this Agreement.
22. Neither party will be responsible for failure or delay in performance of this Agreement if
the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God,
or any other causes beyond the control of the nonperforming party.
23. The provisions of this agreement shall be entered into according to the laws of the State
of California.
Term of Agreement
24. This Agreement will be for a term of 12 months from the first date on which both parties
have executed This agreement may be extended for 12 additional months by mutual
agreement of both parties. The Agreement may be terminated by either party upon 15
days written notice to the other party.
Authorized representatives of the parties have executed this Agreement below to
express the parties’ agreement to its terms.
CITY OF ROHNERT PARK GOVERNMENT STAFFING SERVICES, INC.
Signature Signature
Printed Name Printed Name
Title Title
Date Date
07/22/2015
John Herrera, CPA
President / CEO
GOVERNMENT STAFFING SERVICES, INC.EXHIBIT "A"
of Municipal Staffing Agreement
Municipality:City of Rohnert Park Notes
Client Contact: Tracy Rankin Human Resources Analyst
Interim Position:
Environmental Compliance
Specialist Marc Bautista
Bill Rate per Hour:$58.68
Hours per Week:Open
Start Date:TBD
Expected Duration:3+ Months Depending on Needs of City.
Authorized Signature: ____________________________
City Representative
Job Description
This position will provide technical support and program management in the following areas:
· Reclaimed water permit implementation and administration
· Sewer system management plan administration
· Potable water conservation program development and administration
· Storm water permit administration and best management practices implementation
· Potable water system monitoring program administration
· Potable water system and reclaimed water system backflow program administration
These bill rates will remain in effect through June 30, 2016, or until pay rate is changed for the employee named above, at which time City and
MuniTemps can discuss a new bill rate to absorb a higher pay rate for employees assigned as shown above. Bill rate also assume that City will
maintain no more than 30 hour per week work schedules as well as keep employee on MuniTemps payroll during the term of this assignment. There
is no conversion fee should City convert Marc Bautista to permanent City employee from MuniTemps.
Municipal Staffing Agreement City of Rohnert Park - Exhibit A (Environmental Compliance Specialist)7/22/2015 10:24 AM
1
Meeting Date: July 28, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: 2015 Mid-year Status Report on Implementation of Rohnert Park
Strategic Plan
RECOMMENDED ACTION:
Staff is requesting that the City Council receive and accept the 2015 Mid-year Status Report on
implementation of the City’s Strategic Plan.
BACKGROUND:
The City adopted a Strategic Plan in December, 2011 to guide the organization and communicate
our mission, vision, and values to the community. In 2012, the City adopted an Implementation
Plan to help move from values to action. The City updated the Strategic Plan and Implementation
Action Plan in 2013, 2014, and in March of 2015.
The purpose of this item is to provide an update to the Council on progress associated with the
Strategic Plan. As with other updates, staff will present the progress via a Power Point
presentation during the Council meeting. The report will reflect changes in the strategies and
action plan adopted by the Council in March, 2015; these strategies support the enduring goals of
the Strategic Plan.
In particular, the goals and most recent strategies include:
Goal A: Practice Participative Leadership at all levels
Strategies
• Communicate with the community and team members in identifying priorities and
possibilities.
• Implement organizational development practices.
Goal B: Achieve and Maintain Financial Stability
Strategies
• Implement the economic development program.
• Prepare current and future financial condition assessment.
• Establish financial policies, procedures and systems that represent best practices.
• Identify new and innovative ways to increase revenues.
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
2
Goal C: Ensure the Effective Delivery of Public Services
Strategies
• Deliver the highest quality services in the most cost-efficient manner with an
emphasis on excellent customer service.
• Emphasize high quality customer service.
• Improve accountability and continuous improvement through performance
measurement and managing for results.
• Integrate technology into operations.
Goal D: Continue to Develop a Vibrant Community
Strategies
• Support implementation of major planned developments.
• Improve transportation and infrastructure.
• Integrate State Farm/SMART train/City Center Plans into a Priority Development
Area.
• Improve public facilities, programs and services to meet the changing needs of the
community.
FISCAL IMPACT/FUNDING SOURCE:
There is no fiscal impact from receiving and accepting this status report. The Strategic Plan
activities are incorporated in the Adopted Budgets.
Department Head Approval Date: N/A
City Manager Approval Date: July 14, 2014
City Attorney Approval Date: N/A
Attachments (list in packet assembly order):
1
1
Meeting Date: July 28, 2015
Department: Community Services
Submitted By: John McArthur, Director Public Works and Community Services
Prepared By: Mitch Austin, Community Services Manager
Agenda Title: PUBLIC HEARING (NOT BEFORE 6PM) ADOPTION OF
AMENDMENTS TO PROPOSED RECREATION FACILITIES USER
FEE SCHEDULE - Conduct Public Hearing and Consider Adopting a
Resolution Approving a Modified Recreational Facility Rental and
Program User Fee Schedule and Superseding Resolution No. 2014-027
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving a modified Recreation
Facility and Program Fee Schedule effective August 1, 2015 and superseding Resolution No.
2014-027.
BACKGROUND:
The Community Services Department annually evaluates the fees charged for recreation facilities
and programs and makes recommendations for adjustments as needed. Recreation fees were
previously adjusted in March 2014. The proposed fee schedule includes several modest fee
adjustments that are needed to accomplish cost recovery objectives or increased facility use and
program participation.
Fee increases based on cost recovery objectives include adjustment necessitated by increased
service costs. The most notable cost increase is due to the California minimum wage increase
from $9.00 to $10.00/ hour, which will go into effect January 1, 2016. In order to sustain
current cost recovery rates, certain fees related to services that are provided by part-time staff
will need to be increased. The projected effect of the minimum wage increase is $15,000/year in
additional labor cost.
Some fee increases are needed to fund new programs or service level increases. New services,
including increased facility oversight, are needed to provide better maintenance service at remote
recreation facilities.
Certain recreation fees are recommended to be reduced with the intent of increasing program
participation. Staff has reviewed local market recreation fees, as well as evaluating current
attendance and the effects of previous recreation fee increases, and is recommending reducing
certain fees.
The proposed 2015 Recreation Facility and Program Fee Schedule is attached for City Council
consideration and review. The Parks and Recreation Commission considered a previous Fee
Schedule at their March 16, 2015 meeting and recommend City Council approval.
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
2
At the July 14, 2015 City Council meeting, staff proposed recreation fees, and has since included
City Council direction in the attached recreation fee schedule. City Council reviewed and
discussed summer swim pass proposed rate increases and directed staff to keep family and
individual swim passes at the same rate as previous years. The Family Swim Pass rate will stay
at $260 and the Individual Summer Swim Pass rate will stay at $130. New to the fee schedule is
the addition of a Non-resident Summer Swim Pass; the proposed fee was accepted by the City
Council and can be found on the attached fee schedule for final approval. Staff researched
summer swim pass rates in neighboring Santa Rosa as requested by the City Council and found
rates in Santa Rosa to be lower than what is offered here in Rohnert Park. Santa Rosa offers a
Family Swim Pass for $210 in comparison to Rohnert Park’s Family Swim Pass at $260. In
summary, upon direction from the City Council, there are no increases in swimming program
fees. Staff will return to City Council in fiscal year 2015-16 with a comprehensive Cost
Recovery Policy that will provide a framework for setting swimming and other recreation fees in
the future.
PROPOSAL:
Most public recreational facilities are not fully cost-recovering and typically have some sort of
impact on the General Fund. The City Council establishes appropriate fees to help offset this
General Fund impact while still providing affordable rental and program opportunities for our
residents. The Department’s operating cost-recovery level is approximately 70%, which is very
high for public facilities and programs. The proposed fee schedule is projected to generate over
$20,000 in additional revenue.
The following changes to various fees in the Recreation Facility and Program Fee Schedule are
proposed (please see the attached Exhibit A: Proposed Recreation Facility and Program Fee
Schedule). Below is a description of the proposed fee changes by facility and program.
Community Center
• Application Fee for Plaza Use - Use of the Community Center Plaza can be
administratively complex. When processing the application, staff has to check schedules
of all three facilities coordinate extra clean-up with Public Works and is often researching
special set-up or operation needs of the user, such as electricity or internet access. The fee
has been adjusted to help cover staff time costs associated with processing the
application.
• Attendant Fee - This is an additional fee that will be added to rentals for groups of 300 or
more that use the Community Center. Staff has noticed that having just one person
closing large parties creates difficulties in resetting the building for the next day’s users.
Having a second attendant will provide a better closing process and thus an enhanced
experience by all users.
• Cleaning fee for users with food or large groups – Some users have activities which have
a significant impact on cleanliness of the room; for example, the carpet may need more
attention and the restrooms often need extra cleaning. This proposed increase would
recover cost from these impacts.
• Whole Building Rate - This new rate was created to encourage use of the facility during
non-peak times and attract small conferences or expositions usually put on by non-profit
groups or professional affiliation groups. Other communities with similar facilities have
this kind of a fee.
3
• Kids Night Out (new program) fee- This is a new program proposed by staff to support
families and give kids a fun and exciting night out. This activity will take place at the
Community Center and recreation leaders will provide activities and supervision. The fee
covers the direct costs of the program.
• Alicia Park Picnic Rentals - Adjusted Picnic Rental Fees- Fees for rental of picnic areas
at Alicia Park are proposed to be reduced. Staff has observed frequent inquiries about
renting the park space, but that rentals are not occurring. Feedback from inquiries
indicates that the rental price is too high. It is staff’s intention to increase rented use of
the picnic areas at Alicia Park. The increased use will help offset costs with maintaining
the park and may discourage unwanted activities.
Adult Softball Leagues
Staff is proposing to modify the adult softball league(s) season and fees. The reason for the
proposed change is based upon local market rates for adult softball. Staff determined that the
current six-game season was comparatively too short and the cost per game was too high. The
current fee for Men’s League is $395 for a six-game season. The new fee would be $500 for a
10-game season. The cost for an extended schedule per game would be reduced from $65/game
to $50/game for Men’s League. By applying the same extension in the Co-ed League, the cost
per game would $53/game.
Callinan Sports & Fitness Center
The Callinan Sports and Fitness Center revenue is projected to exceed operational expenses by
approximately $29,800. However, operational expenses do not include a growing list of
unfunded facility capital needs. It is proposed that any net revenue (above operational costs) of
the facility be applied to the newly established Infrastructure Fund. The application of
anticipated revenue above operational costs is shown in Attachment B.
• Student Fee - This is a discounted fee that has been offered to students in the past.
Sonoma State Students often use this rate in the summer and winter breaks.
• Drop-in Disabled Fee (includes Seniors) - As a past practice, staff has applied the
Disabled Fee to Seniors; however, the discount is not included in the fee schedule. Staff
is proposing to include this discount in the fee schedule. If approved, staff will promote
this discounted fee to Seniors.
Swimming Pools
• Swimming Lessons Fee Restructure – Swim lesson fees were increased extensively in
2014 and this increase has had an impact on enrollment. Swim lesson revenue due to
lower enrollment is down over 10% as compared to past years. This summer, staff has
extended lesson teaching time to provide more value for the increased fees and staff is
proposing multi-lesson discounts. This will hopefully encourage more swim lessons for
existing participants. Based on City Council discussion on July 14, 2015, staff will bring
forward a more detailed report and analysis of swim lessons fees and utilization.
• Birthday Parties at Pools (new program) - This is a new program for the City. It is
common for public pools to also include a birthday party package and reserved area for
the party to use. New permanent shade structures are being added to Benicia Pool and
there is a covered area at Honeybee Pool that would provide ideal spaces for birthday
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parties. This program will enhance the community’s experience of the space and create a
new revenue stream to offset pool operational and maintenance costs.
• Rental Increases- Rates for private rental of the pools have been increased due to the
rising market rate for aquatic staff. Due to the minimum wage increase, pay rates are
increasing for lifeguards and this use is lifeguard intensive.
Senior Center
• Coffee Fee – Staff is proposing to change the current coffee donation of $0.50 to a $0.50
fee with unlimited re-fills. The current donation arrangement has led to people not
paying (donating) their fair share for coffee which has created tension amongst Senior
Center patrons and exhaustion of the coffee budget. On June 11, 2015, staff presented
the proposed new coffee fee to the Senior Advisory Commission. The Senior Advisory
Commission supports the proposed new fee.
• Sunshine Bus Fees - These fees provide door to door service around town and include
bus service to Santa Rosa once a week. Past and current practice was to charge a fee;
however, the fee was never included in the fee schedule. Staff is proposing to include
the existing fee into the fee schedule.
Burton Avenue Recreation Center
• Attendant Fee- The facility has been accessed by renters without the oversight of staff.
At times this has led to unsatisfactory clean-up and disrepair of the facility. Staff is
proposing to have an attendant open/close the facility for renters to ensure proposer use
and closure. The direct costs of the attendant would be passed on to the renter.
Gold Ridge Recreation Building
• Restructured Fee Categories- The fee categories have been restructured to match the
other recreational building the City rents. For example the Youth Group Non-Profit fee is
now the Non-Profit fee. Also, a Commercial fee has been added to match the fee
structure of other facilities.
Ladybug Recreation Center
• Hourly Rental Fees- Fees have been increased to help recoup the rising costs of staff and
maintenance.
Inflationary Rate Adjustment
Staff recommends that the City adopt a mechanism to allow staff to adjust fees based on changes
in general inflation, which could be applied in June of each year. Specifically, staff is proposing
an option to adjust fees on an annual basis to account for inflation by adjusting some or all fees
to reflect the annual change in the Consumer Price Index, as calculated by the US Bureau of
Labor Statistics for the San Francisco-Oakland-San Jose area (Series CUURA422SA0).
OPTIONS CONSIDERED:
Several options were considered for each facility. The fees proposed have the greatest revenue
generation potential to meet the needs for operations, maintenance and capital improvements of
each facility while maintaining a reasonable cost for the participants utilizing them.
5
Not adjusting fees as proposed at this time could lead to multiple negative consequences
including insufficient revenue to sustain current service levels and reduced program
participation.
FISCAL IMPACT/FUNDING SOURCE:
The proposed fees should help maintain the Department’s cost recovery rate while also
encouraging greater use of City facilities and programs.
Staff estimates that the proposals discussed above would increase operating revenue by
approximately $20,000/year. The new minimum wage law is estimated to increase operating
costs by $15,000 (11% increase). The $20,000 in new revenue will offset this increased staffing
cost as well as some increased operational costs.
These fees are not considered a tax subject to the voting requirements of Proposition 26 because,
taking into account the City’s actual operations and maintenance costs, capital facility needs and
market rates for comparable facilities, it is a reasonable charge imposed for use of local
government property and confers a specific benefit directly to the payer that is not provided to
those not charged. Schedule B: Fee Increases vs. Cost of Services, demonstrates the fees do not
exceed the reasonable cost of providing the service.
ENVIRONMENTAL IMPACT:
The adoption of the fees would be exempt from the California Environmental Quality Act as this
action would not considered a “project” as defined in California Code of Regulations, Title 14,
Chapter 3, Article 20 Section 15378(b)(4), which excludes government funding mechanisms.
Department Head Approval Date: 7/15/15
City Manager Approval Date: 7/22/15
City Attorney Approval Date: 7/7/15
Attachments (list in packet assembly order):
1. Resolution
2. Schedule A: Proposed Recreation Facility and Program Fee Schedule
3. Schedule B: Fee Increases vs. Cost of Services
JH-S:05-d
RESOLUTION NO. 2015-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE MODIFIED RECREATIONAL FACILITY AND PROGRAM FEES
SCHEDULE AND SUPERSEDING RESOLUTION NO. 2014-027
WHEREAS, Resolution No. 2014-027 of the City Council of the City of Rohnert Park
(“City”) amending certain recreational facility rental and program fees was adopted on March 11,
2014;
WHEREAS, Rohnert Park Municipal Code Chapter 3.32, “Cost-Recovery – Fee and
Service Charge System,” provides for the “establishment of a fee system to recover costs of the
City in providing certain services, products and regulatory activities,” including regular review of
fees to assure that they “continue to recover the reasonable and proportional share of costs from
applicants requesting services,” and providing authority for the Council “to establish such fees by
resolution to support the costs of providing the service or services” requested by user;
WHEREAS, City staff has conducted an analysis of the costs of making various
recreational facilities and programs available to users, such as the Community Center, Senior
Center, Burton Ave. Recreation Center, Ladybug Recreation Center, Senior Center, and
swimming pools, and has determined that the fee schedule requires modification; and
WHEREAS, it is in the interests of the City to operate in a fiscally responsible manner,
and
WHEREAS, the cost of operating certain public facilities and programs have increased
due to increases in utilities, staffing, maintenance, and administrative overhead; and
WHEREAS, the City wishes to keep these facilities in good operating condition and
maintain them in a manner which creates an excellent user experience for the residents; and
WHEREAS, in certain circumstances, it is preferable to reduce recreational facilities and
program fees below the total cost to provide the service in order to facilitate use of those facilities
and programs;
WHEREAS, the City wishes to adjust its rental and user fees to an amount that does not
exceed the reasonable cost for the service or benefit provided and to charge this cost on those
who are provided the service or benefit;
WHEREAS, on July 14, 2015, the City Council of the City of Rohnert Park reviewed the
draft modified fee schedule and supporting data during a regularly-scheduled public meeting and
provided further guidance on the development of the new and modified fees;
( 2 )
WHEREAS, at its regular meeting of July 28, 2015, the City Council reviewed the
proposed revisions to the fee schedule and considered all facts relating to the modified fee
schedule, including a staff report, presentation, and public comment at a duly noticed public
hearing and found that the proposed fee schedule bears a fair relationship to the payer’s burdens
or benefits and does not exceed the reasonable costs of the services or benefits provided;
WHEREAS, in accordance with state law, the cost of services study and proposed fee
schedule were made available for public review at least ten (10) days prior to the meeting at
which the fee schedule was to be adopted;
WHEREAS, the City published notice for adoption of the fee schedule amendments in
accordance with state law;
WHEREAS, the modified fees are not a tax subject to the provisions of Article XII of the
California Constitution as amended by Proposition 26, but are an exception under Sections
1(e)(1), (2), (3), and (4) of Article XIII C. Nor are the fees Development Impact Fees (imposed
as a condition of approval of development).
NOW, THEREFORE, the City Council of the City of Rohnert Park DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and material to this
Resolution.
Section 2. Environmental Clearance. The adoption of this Resolution is exempt from
the California Environmental Quality Act as this action is not considered a “project” as defined
in California Code of Regulations, Title 14, Chapter 3, Article 20 Section 15378(b)(4), which
excludes government funding mechanisms and Section 15273, which excludes modification of
rates, tolls, fares and fees to meet operating expenses and the like. Modifying the rates for
various City services does not have the potential to have a significant environmental impact.
Section 3. Adoption of Fees. That it does hereby authorize and approve certain
adjustments to the recreation facility rental and program fees, which are more particularly
specified in the fee schedule attached hereto as Exhibit A and incorporated by this reference.
This schedule shall supersede Resolution No. 2014-027 and go into effect August 1, 2015.
Section 4. Constitutionality. If any action, subsection, sentence, clause or phrase of
this Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a
court of competent jurisdiction, such invalidity shall not affect the validity of the remaining
portions of this Resolution or the fees levied by this Resolution that can be given effect without
the invalid provisions.
( 3 )
DULY AND REGULARLY ADOPTED this 28th day of July 2015.
CITY OF ROHNERT PARK
____________________________________
Mayor
ATTEST:
______________________________
City Clerk
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 1
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
CLASSIFICATIONS NEW CLASSIFICATIONS
A. City/School/Resident Youth Groups Non Profit (consolidated A,B and D)
B. Resident Non-Profit Groups Private R.P. Resident ( C )
C. Resident Private and Church Groups Private Non-Resident ( E )
D. Non-Resident, Non-Profit Groups Commercial ( F )
E. Non-Resident Private & Church Groups
F. Commercial
COMMUNITY CENTER - MULTI USE ROOM
Damage Deposit A $400.00 1999 Non-Profit $400.00
B $400.00 1999 Private - Resident $400.00
C $400.00 1999 Private - Non-Resident $400.00
D $400.00 1999 Commercial $400.00
Clean-up Fee All $150.00 2014 All $150.00
Hourly Rentals (Peak Times Mon-Sat)A $85.00 2014 Non-Profit $85.00
B $110.00 2014 Private - Resident $110.00
C $121.00 2014 Private - Non-Resident $121.00
D $145.00 2014 Commercial $145.00
Hourly Rentals (Non-Peak Mon-Th/Sun)A $60.00 2014 Non-Profit $60.00
Non-Peak: M-Th 8a-5p All Sunday B $70.00 2014 Private - Resident $70.00
C $77.00 2014 Private - Non-Resident $77.00
D $80.00 2014 Commercial $80.00
Kitchen (flat w/ rent of MU only)All $100.00 2007 All $100.00
Kitchen (hourly: Non-Peak hrs M-Th)All $15.00 2014 All $15.00
Additional Facility Attn. (Flat Rate)All $30.00 2007 All $35.00 $630 Required for 300+ parties take down
COMMUNITY CENTER LOBBY
Flat fee All $100.00 2007 All $100.00
Art Reception (1 hour max)All $20.00 2012 All $20.00
COMMUNITY CENTER OUTDOOR WEDDING AREA
Flat Rate (with room use only)All $200.00 2010 All $200.00
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 2
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
COMMUNITY CENTER PLAZA
Application Fee All $10.00 $25.00 $150 Non-refundable
Minor Event (per application criteria)All $300.00 $300.00
Major Event (per application criteria)All $850.00 $850.00
COMMUNITY CENTER - MEETING ROOM 2 AND LOUNGE
Damage Deposit A B C D $200.00 2014 All $200.00
Clean-up Fee A $55.00 2014 All $55.00
Rental (hourly)A $40.00 2014 Non-Profit $40.00
B $45.00 2014 Private - Resident $45.00
C $50.00 2014 Private - Non-Resident $50.00
D $70.00 2014 Commercial $70.00
COMMUNITY CENTER - MEETING ROOM #2, #3, CRAFTS ROOM #1, GARDEN ROOM OR LOUNGE
Damage Deposit All $100.00 2014 All $100.00
Clean-up Fee (events with food or 40+)A B C D n/c 1996 All $40.00 $200
Rental (hourly Mon- Thursday)A $15.00 2014 Non-Profit $15.00
Rental (hourly)A $25.00 2014 Non-Profit $25.00
B $35.00 2014 Private - Resident $35.00
C $39.00 2014 Private - Non-Resident $39.00
D $50.00 2014 Commercial $50.00
COMMUNITY CENTER MEETING ROOM #1 OR CONFERENCE ROOM
Rental Hourly Friday, Saturday or Sunday U A $25.00 2014 Non-Profit $25.00
Rental (hourly Mon- Thursday)A $10.00 2014 Non-Profit $10.00
B $25.00 2014 Private - Resident $25.00
C $28.00 2014 Private - Non-Resident $28.00
D $35.00 2014 Commercial $35.00
COMMUNITY CENTER - ALL ROOMS, LOBBY & KITCHEN Fee created to encourage expo's & small
conferences
Damage Deposit None New Fee All $500.00
Clean-up Fee (events with food or 40+)None New Fee All $150.00 $450
Rental (Daily Use Mon- Thursday & Friday until 4:00PM)None New Fee All $800.00 $1,600
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 3
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
COMMUNITY CENTER MISCELLANEOUS EQUIPMENT
Piano (flat per use)All $25.00 2014 All $25.00
Coffee pot - each All $10.00 2014 All $10.00
BURTON AVENUE RECREATION CENTER
Damage Deposit A n/c 1996 Non-Profit $400.00
B C $400.00 1999 PR, PNR, C $400.00
Clean-up Fee A $95.00 2007 All $150.00 $3,000 Increased janitorial cost per contract
Rental (Monday-Thursday, Sunday)All $15.00 2014 Non-Profit $15.00
Rental (hourly)A $65.00 2014 Non-Profit $65.00
B $75.00 2014 Private - Resident $75.00
C $83.00 2014 Private - Non-Resident $83.00
D $110.00 2014 Commercial $110.00
Facility Open/Close (flat/casual use)None All $40.00 $1,200 Greater facility security/ensure ready for next
user
LADYBUG RECREATION BUILDING
Damage Deposit _ Single Use All $50.00 1999 All $50.00
Rental (flat; 3hour block)A $15.00 2003 Non-Profit $18.00 $3,000 Staff and maintenance cost recovery
Rental (hourly)B $20.00 2014 Private - Resident $20.00
C $25.00 2014 Private - Non-Resident $25.00
D $30.00 2014 Commercial $30.00
GOLD RIDGE RECREATION CENTER
Damage Deposit None All $200.00
Resident Youth Group $25.00 2014 Non-Profit $26.00 $250 Increased attendant costs
Non-Resident Youth Group $30.00 2014 Private - Resident $32.00 Increased attendant costs
Resident Adult\Private $60.00 2014 Private - Non-Resident $62.00 $250 Increased attendant costs
Non-Resident Adult\Private $66.00 2014 Commercial $100.00 Increased attendant costs
SENIOR CENTER ACTIVITY ROOM (4 hour minimum)
Damage Deposit All $400.00 2014 All $400.00
Clean-up fee All $150.00 2014 All $150.00
Rental (hourly)A $40.00 2014 Non-Profit $40.00
B $65.00 2014 Private - Resident $65.00
C $71.00 2014 Private - Non-Resident $71.00
D $90.00 2014 Commercial $90.00
2nd Facility Attn. (Flat Rate)All $25.00 2007 All $30.00 $300 Events after 12 a.m. for groups with 100 +
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 4
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
SENIOR CENTER DINING ROOM/DROP-IN/SUITE C
Damage Deposit All $100.00 2014 All $100.00
Clean-up Fee All $50.00 2014 All $50.00
Rental (hourly)A $20.00 2007 Non-Profit $25.00
B $30.00 2007 Private - Resident $35.00
C $45.00 2007 Private - Non-Resident $39.00
D $50.00 2007 Commercial $50.00
SENIOR CENTER KITCHEN
Rental (flat rate with rental of facility)A $100.00 2007 All $100.00
B $100.00 2007
C $100.00 2007
D $100.00 2007
SENIOR CENTER MISCELLANEOUS EQUIPMENT
Coffee urn (100 cup) - each All $20.00 2007 All $20.00
P.A. system/2 microphones All $25.00 2007 All $25.00
SENIOR CENTER- COFFEE
Cup of Coffee (Free refills)Donation New Fee All $0.50 $1,200 Used to be a suggested donation, prefer
having a fee
Sunshine Bus Local per ride Past Practice New Fee $7.00 Past Practice for riders
Sunshine Bus Santa Rosa per ride/ 1 rider
only
Past Practice New Fee $12.00 Past Practice for riders
Sunshine Bus Santa Rosa per ride/ 2 or
more riders
Past Practice New Fee $10.00 Past Practice for riders
PICNIC AREAS -ALL PARKS EXCEPT ALICIA PARK
Under 100 people $25.00 2010 Non-profit Groups $25.00
Groups of 20 & under $40.00 2010 Resident fees $40.00
21-50 people $50.00 2010 Resident fees $50.00
51 and Over people $100.00 2010 Resident fees $100.00
Deposit for 100+n/a 2010 $100.00
Groups of 20 & under $55.00 2010 Non-resident fees $55.00
21-50 people $75.00 2010 Non-resident fees $75.00
51 and Over people $125.00 2010 Non-resident fees $125.00
Deposit for 100+n/a 2010 $100.00
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 5
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
GROUP PICNIC AREAS
Alicia Park 1-100 people $125.00 2010 Resident $75.00 $450 Fees too high, many inquires not bookings.
Increased use/deters vandalism
Alicia Park 101-200 people $150.00 2010 $95.00 $380
Alicia Park 201-300 people $200.00 2010 $125.00 $125
Alicia Park 301 or more $250.00 2010 $150.00
Alicia Park 1-100 people $175.00 2010 Non-resident Fees $83.00 $249
Alicia Park 101-200 people $200.00 2010 $105.00 $210
Alicia Park 201-300 people $250.00 2010 $138.00
Alicia Park 301 or more $300.00 2010 $165.00
Alicia Park Deposit 101+$100.00
TENNIS COURTS
Private rentals (per court/day)$25.00 1999 $25.00
Tennis Club (hourly/court)$2.00 2014 $2.00
SPECIAL EVENT USES
Community Center grass $100.00 2010 $100.00
Park areas other than picnics $150.00 2010 $150.00
ADMINSTRATIVE
Refund/Change Processing Charge $10.00 2007 $10.00
CALLINAN SPORTS & FITNESS CENTER
MEMBERSHIPS
Teen EFT 14 - 17yrs $16.00 2014 $16.00
Adult EFT 18 - 59 yrs $27.00 2014 $27.00
Senior EFT 60+$16.00 2014 $16.00
Disabled EFT $16.00 2014 $16.00
Family EFT $60.00 2014 $60.00
Teen Annual $192.00 2014 $192.00
Adult Annual $324.00 2014 $324.00
Senior Annual $192.00 2014 $192.00
Disabled Annual $192.00 2014 $192.00
Family Annual $720.00 2014 $720.00
Seasonal Student (3mo) School Breaks New Fee $75.00 Past Practice to prorate for Students to provide
access on school breaks
Membership Card Fee $5.00 2014 $5.00
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 6
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
CALLINAN SPORTS & FITNESS CENTER (Continued)
DROP-IN
General Adult $8.00 2000 $8.00
Volleyball Only $4.00 2007 $6.00 Support equipment costs nets & balls
Teen (gym only)$4.00 2007 $4.00
Disabled/Seniors $4.00 2007 $4.00 Rate applied to Seniors as well
Group Rate (8am - 3pm M-F)$1.00 2007 $1.00
MISCELLANEOUS FEES
Racquet or Ball Rental $0.50 1995 $0.50
Monthly Locker Rental w/EFT $4.00 2009 $4.00
Yearly Locker Rental $48.00 2009 $48.00
Childcare, per child/per hour $2.00 2009 $2.00
Resident Card Fee $15.00 2003 $15.00
ROOM RENTALS (hourly)
Main Gym - Adult Commercial (admission fee charged)$110.00 2012 $110.00
Main Gym - Resident Youth Group $25.00 2012 $25.00
Main Gym - Non-Resident Youth Group $30.00 2012 $30.00
Main Gym - Youth Half Gym Only $15.00 2012 $15.00
Activity Room $25.00 2012 $25.00
Childcare Room $20.00 2012 $20.00
SWIMMING POOL FEES
GENERAL ADMISSION
5 and Under Non-Swimmer Free Free
Adult 18-59 $5.00 2010 $5.00
Youth 6 - 17 $4.00 2010 $4.00
Senior Citizens 60+$4.00 2010 $4.00
Disabled $4.00 2010 $4.00
Lap Swim $5.00 2010 $5.00
Family Swim (limit 6)$8.00 2010 $8.00
Birthday Party Package, per attendee None New Fee $12.00 $2,400 For Pool Birthday Parties during Rec. Swim
includes reserved area, food & decorations
Last Hour of Public Swim 1/2 price Delete
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 7
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
SWIMMING POOL FEES (Continued)
FAMILY SWIM PASSES
Summer (up to six family members)$260.00 2010 Resident $260.00
Non-resident $297.00 $185 Minimum Wage increasing
additional members $8.00
INDIVIDUAL SEASON PASSES
Summer $130.00 2010 Resident $130.00
Non-resident $152.00 $110 Minimum Wage increasing
INDIVIDUAL SEASON PASSES
SENIOR/DISABLED
Summer $80.00 2010 $80.00
RESIDENTIAL DAY CARE
Summer Season Pass up to 12 Children $300.00 2007 $340.00 $240 Minimum Wage increasing
DISCOUNT SWIM PASSES(10 swim)
Adult $40.00 2010 $40.00
Youth $30.00 2010 $30.00
Senior/Disabled $30.00 2010 $30.00
SWIM SCHOOL GROUP LESSONS
First Session (H Pool)$70.00 2010 Resident $70.00 Swim Lesson participation is down, creating
incentives to take more than one session of
lessons
$77.00 2010 Non-Resident $77.00
Second Session (H-Pool)Resident $65.00 $1,300
Non-Resident $72.00 $360
First Session (B/M Pool's)$60.00 2010 Resident $60.00
$66.00 2010 Non-Resident $66.00
Second Session (B/M Pool's)Resident $56.00 $560
Non-Resident $63.00 $315
PRIVATE LESSONS
1 Student/1 Lesson $30 2014 One on One 30 min 30.00 Structure consistent; better cost recovery
2 Students/1 Lesson $100 2014 One on Two 30 min 45.00
1 Student/5 Lessons $35 2014 One on One 30 min (4)115.00 $5 discount for four sessions
2 Students/5 Lessons $150 2014 One on Two 30 min (4)170.00 $10 discount for four sessions
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 8
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
SWIMMING POOL FEES (Continued)
POOL RENTAL RATES (M Pool 20% less)
1-25 Persons 100.00 2014 115.00 $120 Minimum Wage increasing
26-50 115.00 2014 130.00 $90
51-100 130.00 2014 140.00 $40
101-150 140.00 2014 150.00
CITY CENTER PLAZA
Application Fee All $10.00 2010 $25.00 $75 Consistent with other contracts
Minor Event All $300.00 2010 $300.00
Major Event All $850.00 2010 $850.00
ROBERTS LAKE BRICK MEMORIAL
Per engraved brick $100.00 2010 $100.00
Second Keepsake Brick $50.00 2010 $50.00
CITY OPERATED FESTIVALS
Crafts Vendor All $50.00 2010 All $50.00
Food Vendor (multiple offerings)$250.00 2010 $250.00
Food Vendor (one item offered)$50.00 2010 $50.00
HOLIDAY CRAFTS FAIRE
Vendor booth (2 days)All $105.00 2014 All $105.00
Electrical outlet $25.00 2014 $25.00
8 foot table $25.00 2014 $25.00
Food Vendor $105+10%
gross 2014
$105+10%
gross
ADULT SPORTS
SOFTBALL
All leagues $395.00 2014 Mens $500 Changing format from 6 games to 10 games
COED $530 Changing format from 6 games to 10 games
BASKETBALL
All Leagues $480.00 2014 $480
SCHEDULE A
PROPOSED 2015 RECREATION FACILITY AND PROGRAM FEE SCHEDULE
All fees listed below are subject to Inflationary Rate Adjustment
7/23/2015 9
Program/Facility Classification Current Fee
Date of Last
Increase Classification
Proposed
Fee
Cash/Year
Fiscal Impact Comments
ADULT SPORTS (Contined)
VOLLEYBALL
Summer A & B Leagues $235.00 2001 $235
Summer C League $235.00 2001 $235
Spring A & B Leagues $235.00 2003 $235
Spring C League $235.00 2001 $235
RECREATION PROGRAMS
Youth Camp Weekly Rate Resident $110 2014 Resident $110
Non-resident $122 2014 Non-resident $122
Youth Camp Friday Funday Resident $30 Resident $30
Non-resident $37 Non-resident $37
Youth Camp Excursions All Trip Costs All Trip Costs
Kids Night Out None New Fee Resident $20.00 $200 New Program
None New Fee Non-resident $27.00 $162 New Program
Open Studio Drop-in Fees
Adult Adult $13.00
Senior/Child under 12 Senior/Child $11.00
25# Bag of Clay(includes firing and glazing fees)Clay $30.00
City HUB Insurance Program
See Attachment A
SCHEDULE B
PROJECTED EXCESS (DEFICIENCY) OF REVENUES
FOR RECREATION FACILITIES PROGRAMS UNDER 2015 FEE SCHEDULE
Sports Swimming Community Senior
Center Pools Center Center
TOTAL REVENUES $529,368 $187,000 $351,000 $138,600 $64,750 $9,500 $47,700
TOTAL EXPENDITURES 499,585 521,765 427,273 311,844 89,717 24,094 81,896
NET OPERATING PROFIT (LOSS)29,783 (334,765) (76,273) (173,244) (24,967) (14,594) (34,196)
TOTAL PROPOSED FEE INCREASE - 6,195 4,519 1,500 4,562 3,000 500
*INFRASTRUCTURE FUND 30,000 0 0 0 0 0 0
OVER (UNDER) EXPENDITURES
AFTER FEE INCREASES (217)$ (328,570)$ (71,754)$ (171,744)$ (20,405)$ (11,594)$ (33,696)$
*Anticpated contribution to Infrastrucutre Fund; actual contribution will be calculated at the end of the fiscal year during which time only the revenue
received after expenses will be transferred to the Infrastructure Fund
Burton
Avenue Rec.
Center
Ladybug
Recreation
Center
Gold Ridge
Recreation
Center