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2014/02/25 City Council Agenda Packet City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 792-1876 ♦ 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, February 25, 2014, Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California This meeting of the Rohnert Park City Council is dedicated in honor and remembrance of former City Treasurer from 1968-1976, Robert H. Sheehan, who passed away February 2, 2014. 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 February 25, 2014 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 (Belforte__ Mackenzie__ Stafford __ Ahanotu __ Callinan __) 2. PLEDGE OF ALLEGIANCE By Mena Khiobouakham, Monte Vista Elementary Student 3. PRESENTATIONS A. Mayor’s presentation of a Proclamation: Recognition and Honor be Conferred upon David Lee and DK Landscaping for supporting the Boys & Girls Club 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 February 11, 2014 B. Acceptance of Reports for: 1. Annual Review of Complete Streets Achievements Report 2. City Bills/Demands for Payment Dated February 25, 2014 3. Successor Agency to the CDC Bills/Demands for Payment Dated February 25, 2014 4. Housing Successor Agency- Cash Report for Month Ending January 2014 5. Successor Agency- Cash Report for Month Ending January 2014 6. RPFA- Cash Report for Month Ending January 2014 C. City Council Resolutions for Adoption: 1. 2014-016 Authorizing and Approving a First Amendment to Design Professional Services Agreement with URS for Traffic Signal Coordination, Traffic Analysis and Implementation for Rohnert Park Expressway and Golf Course Drive, Project GM003 2. 2014-017 Authorizing and Approving a Consultant Services Agreement for Professional Audit Services with Macias Gini and O’Connell LLP City of Rohnert Park Joint Regular Meeting Agenda February 25, 2014 for City Council/RPFA/CDC Successor Agency Page 3 of 5 3. 2014-018 Authorizing and Approving an Employment Agreement between the City of Rohnert Park and Mark Walsh for Finance Director Services and Confirming the Appointment of Mark Walsh as City Treasurer Council Motion/Vote 6. FY 2013-14 MID-YEAR FINANCIAL REVIEW, UPDATES, AND BUDGET AMENDMENT REQUESTS A. FY 2013-14 Mid-Year General Fund Review 1. Mid-Year Review i. Revenues ii. Expenditures 2. Public Comments 3. Council Discussion B. FY 2013-14 General Fund Budget Amendment Requests 1. Staff Report i. Revenue Amendments ii. Departmental Appropriation Amendments iii. Service Increases 2. Public Comments 3. Resolution for Adoption: 1. 2014-019 Approving the Budget Adjustments for Fiscal Year 2013/2014 a. Council motion/discussion/vote C. Graton Mitigation Program Budget Mid-Year Update 1. Staff Report 2. Public Comments 3. Council Discussion D. Approval and Authorization of Hiring, Adding to the Budget, and Increasing an Appropriation for a Part-Time Technical Advisor Position– Fire Services 1. Staff Report 2. Public Comments 3. Resolution for Adoption: 1. 2014-020 Authorizing City Staff to Hire a Part Time Technical Advisor Position – Fire Division, Approving Addition of the Position in the Budget and Authorizing an Increase in Appropriations a. Council motion/discussion/vote 7. PROPOSED AMENDMENT TO THE RECREATION FEE SCHEDULE FOR COMMUNITY SERVICES FACILITIES, EVENTS, AND PROGRAMS Discussion and direction regarding proposed Community Facility and Activity Fee Increases and Direction Regarding Amendment of the Community Facility User Fee Schedule City of Rohnert Park Joint Regular Meeting Agenda February 25, 2014 for City Council/RPFA/CDC Successor Agency Page 4 of 5 A. Staff Report B. Public Comment C. Council discussion/direction 8. PROPOSED AMENDMENTS TO THE ROHNERT PARK SIGN REGULATIONS Discussion and direction of proposed amendments to Rohnert Park Municipal Code Chapter 17.04 (definitions) and 17.27 (signs) A. Staff Report B. Public Comment C. Council discussion/direction 9. STANDING COMMITTEE / LIAISON 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. A. Standing Committee Reports 1. Education Committee, 2/19 (Stafford/Callinan) B. Liaison Report 1. Mayors and Council Members and City Selection Committee, 2/13 (Callinan) 2. Library Advisory Board, 2/18 (Ahanotu) 3. Russian River Watershed Association, 2/20 (Stafford) C. Other Reports 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 12. PUBLIC COMMENTS Persons wishing to address the Council on any Closed Session 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. 13. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda February 25, 2014 for City Council/RPFA/CDC Successor Agency Page 5 of 5 CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the February 25, 2014, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on February 20, 2014, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 20th day of February, 2014, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk 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. Office of the Mayor of the City of Rohnert Park, California P r o c l a m a t i o n Proclaiming that an Award of Recognition for Outstanding Community Service be presented to D A V I D L E E President and Owner of DK Landscaping WHEREAS, in 2012, David Lee promised the Boys & Girls Clubs of Central Sonoma County that DK Landscaping would provide initial landscaping work and regular maintenance to the Rohnert Park Boys & Girls Club on Santa Barbara Drive as well as donate $25 to the club for each new landscape maintenance account they received that year; and WHEREAS, in November 2012 Mr. Lee presented the club with a check for $600 and renewed his promise for 2013; and WHEREAS, December 13, 2013, David and wife Kathy presented the club with a check for $1200; and WHEREAS, these checks, as well as landscaping services to the club, totaled a combined donation of $7852. NOW, THEREFORE, BE IT PROCLAIMED that I, Joseph Callinan, as Mayor and on behalf of the City Council of the City of Rohnert Park, do hereby recognize and thank David Lee for the significant contributions he has made as a business leader and as a pillar of our Community. Proclaimed this 25th day of February by: ____________________________________________ Joseph T. Callinan, Mayor Item 3 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, February 11, 2014 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 Callinan called the joint regular meeting to order at 5:02 pm, the notice for which being legally noticed on February 6, 2014. Present: Joseph T. Callinan, Mayor Amy O. Ahanotu, Vice Mayor Gina Belforte, Council Member (arrived 5:09 pm) Jake Mackenzie, Council Member Pam Stafford, Council Member Absent: None Staff present: City Manager Jenkins, City Attorney Kenyon, City Clerk Buergler, Director of Public Works and Community Services McArthur, Senior Analyst Atkins, Interim Development Services Director Ponton, Interim Finance Director Walsh, Human Resource Director Perrault, Lieutenant Strouse, and Technical Services Division Manager Mazzanti. 2. PLEDGE OF ALLEGIANCE Led by Aiden Streeter, Monte Vista Elementary School Student. 3. PRESENTATIONS A. Mayor’s Proclamation: Recognition for Outstanding Service presented to Rohnert Park Family Resource Center for their Annual Coat Giveaway Mayor Callinan read and presented the proclamation to James Gattis, Executive Director and Counseling Programs Coordinator. Item 5.A.1 City of Rohnert Park Joint Regular Meeting Minutes February 11, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 8 B. Rohnert Park Family Resource Center: Its focus on child welfare issues and services for the Rohnert Park Community by Robin Bowen, Executive Director of the California Parenting Institute Toni Sprouse and Robin Bowen with the California Parenting Institute provided the presentation. 4. SSU STUDENT REPORT Libby Dippel, Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative, announced Fiddler on the Roof showing from February 6-16, 2014; for the 6th year in a row SSU ranked the highest per capita of all 23 CSU campuses in submitting international programs applications; March 2, 2014 is a Greek Community Service Day; SSU is establishing North Bay Engineering Industry Advisory Board to serve the needs of hi-tech companies; Paul Draper, Director of Sustainability and chair of Sustainability Executive Committee; Weill Hall Spring Series runs from February 4 to April 26, 2014; visit sonomaseawolves.com for sports schedules; and a hot topic on campus is the proposed Academic Success Fee. Dippel provided copies of the STAR and feedback regarding the 120 Day Ordinance. Belforte stepped away from dais 5:24 pm returned 5:28 pm. 5. DEPARTMENT HEAD BRIEFING A. Department of Public Safety: Annual Crime Report Director of Public Safety Masterson presented the report. B. Finance Department: General Fund 10 Year History and Short-term Outlook Interim Finance Director Walsh presented the briefing. 6. PUBLIC COMMENTS Alan Cook commented on the processing of utility billing and requested the City implement additional systems such as emailing and telephone billing notifications. 7. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting January 28, 2014 B. Acceptance of Reports for: 2. City Bills/Demands for Payment Dated February 11, 2014 C. City Council Resolutions for Adoption: 1. 2014-008 Rejecting the Claim of Gary Leucht 2. 2014-009 Authorizing and Approving a Design Professional Services Agreement for the Rohnert Park Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 with GHD, Inc., for Design Engineering Services 3. 2014-010 Authorizing and Approving a Design Professional Services Agreement for the Eastside Trunk Sewer Phase III and Snyder Lane City of Rohnert Park Joint Regular Meeting Minutes February 11, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 8 Widening Project No. 2014-01 with GHD, Inc., for Design Engineering Services 4. 2014-011 Authorizing and Approving a Design Professional Services Agreement for the Rohnert Park Interceptor Outfall Gravity Section Rehabilitation Project No. 2011-04 with Brelje and Race, Inc., for Design Review and Construction Management Engineering Services ACTION: Moved/seconded (Mackenzie/Belforte) to approve the Consent Calendar. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. 8. VOLUNTARY WATER CONSERVATION EFFORTS Director of Public Works and Community Services McArthur presented the item. Recommended Action(s): adopt Resolution 2014-12 supporting the Sonoma-Marin Saving Water Partnership Efforts and Governor Brown’s Emergency Drought Declaration and encouraging 20% voluntary water conservation. Public Comment: Paul Libeu and Mac McCaffry suggested the installation of water meters at Mountain Shadows would help measure conservation efforts. ACTION: Moved/seconded (Mackenzie/Stafford) the Recommended Action. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Mackenzie/Belforte) to reorder the agenda and move Item 12 forward. Motion carried unanimously by the following 5-0 vote: AYES: Belforte, Mackenzie, Stafford, Ahanotu, and Callinan NOS: None, ABSTAINS: None, ABSENT: None. 12. PUBLIC HEARING: (NO EARLIER THAN 6PM – Noticed 1/31/2014) CITY OF ROHNERT PARK PARKING PERMIT PROGRAM Lieutenant Strouse presented the item. Recommended Action(s): 1) Approve all of Maximillian Way being designated as a Permitted Parking Area based on the submitted signatures on the attached petition, which meets the requirement of the existing City Ordinance (818) 10.50. MC; 2) Approve a Permitted Parking Areas on Maurice Avenue extending from Michael Way to Mercedes Way to accommodate those residences with corner lots based on the submitted signatures on the attached petition, which meets the requirement of the existing City Ordinance (818) 10.50. MC; 3) Approve a time restriction of Monday – Friday from 6 a.m. to 10 p.m., which covers the problem hours for the area; 4) Create a master list of Permitted Parking Zones within the City to be maintained and updated as necessary at City Hall where permits will be issued; and 5) City of Rohnert Park Joint Regular Meeting Minutes February 11, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 8 Establish a Residential Permit Parking Fee of $20.00 to be renewed annually and a fee of $5.00 for Temporary Parking Permits on each occasion. Mackenzie stepped away from dais 7:01 pm and returned 7:05 pm Public Hearing Opened 7:43pm Public speaking in support of the item: Paul Eager- as parking options were reduced for students Maximillian has experienced parking problems, may inconvenience some visitors; Rick Duncan – trash, noise, speeding, safety, parking are issues, and permit parking may increase property values; and Beth Buckley – restore order. Submitted to the City Clerk: one email received. Public speaking in opposition of the item: Rusty Rudick – will push parking issue to other streets, does not want to pay to park, is SSU’s issue; and Tony Trisciuzzi - does not have enough parking, may lower property values, system manipulation, does not feel he had all the information regarding the process; Submitted to the City Clerk: petition opposed by residents on Maximillian signed by 16 and two emails representing 13 addresses. Public speaking to the item: Jim Stevens- concerns are permitting process for many vehicles during a gathering, manipulating the system when multiple people share a residence and would like to see a 6 am to 7 pm time frame on Maurice. Public Hearing Closed 7:42 pm ACTION: Moved/seconded (Stafford/Mackenzie) to approve Resolution 2014-013 approving the Addition of Maximillian Place to the M-Section Residential Permit Parking Area of the City-Wide Residential Permit Parking Program. Motion was amended to include the following language to the end of Now, Therefore, Be It Resolved: “including the ability pursuant to Section 10.50.050c of the Rohnert Park Municipal Code to modify or alter this residential permit parking area should health and/or welfare concerns arise.” Motion carried by the following 4-1 vote: AYES: Belforte, Mackenzie, Stafford, and Ahanotu, NOS: Callinan, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Mackenzie/Belforte) to approve Resolution 2014-014 approving the Addition of Maurice Avenue between Mercedes Way and Michael Way to the M-Section Residential Permit Parking Area of the City-Wide Residential Permit Parking Program. Motion was amended to include the following language to the end of Now, Therefore, Be It Resolved: “including the ability pursuant to Section 10.50.050c of the City of Rohnert Park Joint Regular Meeting Minutes February 11, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 8 Rohnert Park Municipal Code to modify or alter this residential permit parking area should health and/or welfare concerns arise.” Motion carried by the following 4-1 vote: AYES: Belforte, Mackenzie, Stafford, and Ahanotu, NOS: Callinan, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Belforte/Stafford) to approve Resolution 2014-015 Approving the Establishment of Residential Permit Parking Fees and adding the following language to the end of Now, Therefore, Be It Resolved: “including the ability pursuant to Section 10.50.050c of the Rohnert Park Municipal Code to modify or alter this residential permit parking area should health and/or welfare concerns arise.” Motion carried by the following 4-1 vote: AYES: Belforte, Mackenzie, Stafford, and Ahanotu, NOS: Callinan, ABSTAINS: None, ABSENT: None. Stafford stepped away from dais 7:53 pm and Returned 7:59 pm 9. FACILITY CAPITAL PROJECTS LIST FOR USE OF FORMER CDC (RDA) TAX ALLOCATION BONDS Director of Public Works and Community Services McArthur presented the item. Recommended Action(s): approve 1) the Facility Capital Projects List for use of former CDC (RDA) 2007RTax Allocation Bonds (“bonds”), subject to review and approval by bond counsel, the Successor Agency Oversight Board and the Department of Finance, and 2) the Recreation Facility Capital Improvement Project List using capital outlay funds. ACTION: By Consensus City Council directed staff to: Table 1 – High Priority Projects Project Council Action Community Center Roof Move forward B-Pool Renovation or Spray Park Move forward with analyzing renovation and analyze spray park – Seek public input Sports Center Locker Room Retrofit/Rebuild Move forward and analyze refurbishing spa areas Public Safety Main HVAC Replacement Move forward – Apply for PG&E financing program PAC HVAC Replacement (4 Units) Move forward Senior Center Roof Replacement Move forward A, B, and L Park Restroom Renovation Analyze – and bring back operational analysis City of Rohnert Park Joint Regular Meeting Minutes February 11, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 8 Table 2 – Medium Priority Projects Project Council Action Senior Center Restroom Renovation Move forward PAC Roof Replacement Move forward Community Center Parking Lot Overlay Move forward – analyze lighting of entries and exits and parking lots. Table 3 – Lower Priority Projects Project Council Action Library Parking Lot Paving & Landscaping Move forward Community Center Courtyard Upgrade Do not move forward If additional funding is available, add review of Community Center Complex master plan and look at other projects around the City that can be added. Recreation Facility Capital Improvement Projects Project Council Action M-Park Tennis Court Reconstruction (4 Courts – North Side) Move forward H-Pool Filter & Heater Replacement Move forward Mackenzie stepped away from the dais 8:55 pm and returned 8:59 pm 10. CONSIDERATION OF AMENDMENTS TO THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF) JOINT POWERS AUTHORITY AGREEMENT (JPA) City Manager Jenkins introduced the item. Recommended Action(s): change to the REMIF JPA voting membership to give associate members full voting rights; conditioning Rohnert Park’s approval of the full voting membership of the associate members on another JPA amendments allowing flexibility for amendments to the JPA. ACTION: By Consensus (Belforte and Callinan opposed changing the JPA) City Council supported changing the JPA voting membership, conditioning Rohnert Park’s approval - for certain types of amendments which are not detrimental to any of the member agencies, the JPA will provide for amendment by a supermajority vote of the members. The Actual JPA amendment language will come to Council for formal consideration at a future meeting. City of Rohnert Park Joint Regular Meeting Minutes February 11, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 7 of 8 11. OVERSIGHT BOARD TO THE CDC SUCCESSOR AGENCY REPLACEMENT APPOINTMENT City Manager Jenkins presented the item. Recommended Action(s): Acknowledge resignation of Linda Babonis from the Oversight Board (“OSB”) to the Community Development Commission Successor Agency and confirm the Mayor’s appointment of Marilyn Ponton to the OSB. ACTION: By Consensus (none opposed) City Council supported the Mayor’s Appointment of Marilyn Ponton to the OSB. 13. STANDING COMMITTEE / LIAISON REPORTS A. Standing Committee Reports B. Liaison Reports 1. Water Advisory Committee, 2/3 Mayor Callinan and McArthur reported the Committee nominated a chair and vice chair, discussed water supply, and Water Agency Budget which proposes a 3.6% rate increase. 2. SCTA/RCPA, 2/10 Council Member Mackenzie reported discussion of SB 743 pertaining to CEQA and if City staff has technical comments they forward to SCTA by February 14, 2014. C. Other Reports Golden Gate Bridge - Council Member Belforte reported the last public meeting regarding proposed rate increases will be held in San Rafael. Russian River Water Shed Association - Council Member Stafford reported working on the budget and work plan for the next fiscal year. SMART – Council Member Mackenzie reported MTC allocated Marin County Transportation dollars to assist with south end of toward Larkspur. Sonoma County Legislative Committee – Vice Mayor Ahanotu reported on proposed legislation AB 194, AB 1448, and AB 1439 and recommended the bills be watched. 14. COMMUNICATIONS A. Staff’s response to a letter from Dorothy Torrilhon regarding road maintenance at the Spreckels Performing Arts Center entrance/exit from Snyder Lane. Council Member Belforte received registration information on the California Economic Development conference April 8 and 9, 2014, and suggested attendance. 15. PUBLIC COMMENTS Alan Cook suggested working on sidewalks throughout the City if additional funding is realized while working through the projects list discussed in Item 9. City of Rohnert Park Joint Regular Meeting Minutes February 11, 2014 for City Council/Rohnert Park Financing Authority/Successor Agency Page 8 of 8 16. CLOSED SESSION A. Mayor Callinan made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 9:15 pm in Conference Room 2A to Consider: 1. Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): City Manager Jenkins Employee Organization: a. Service Employees’ International Union (SEIU) b. Rohnert Park Employees’ Association (RPEA) c. Rohnert Park Public Safety Officers’ Association (RPPSOA) d. Rohnert Park Public Safety Managers’ Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 11:10 pm C. Mayor’s Report On Closed Session (Government Code § 54957.1) No reportable action. 17. ADJOURNMENT Mayor Callinan adjourned the joint regular meeting at 11:10 pm. _____________________________________ __________________________________ JoAnne Buergler, City Clerk Joseph T. Callinan, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 5.B.1 1 Meeting Date: February 25, 2014 Department: Development Services Department Submitted by: Darrin Jenkins, City Manager, City Engineer Prepared By: Patrick Barnes, Deputy City Engineer Agenda Title: Annual Review of Complete Streets Achievements Report per Resolution No 2012-111 RECOMMENDED ACTION: Council review and acceptance of the Annual Complete Streets Report. BACKGROUND: The Complete Streets Policy was adopted by Resolution No 2012-111 by the City Council of the City of Rohnert Park on September 25, 2012. The Complete Streets Policy requires that “Annually the City Engineer shall provide a report to the City Council that includes the number of new miles of bicycle lanes, sidewalks and number of new curb ramps, improved crossings and signage.” ANALYSIS: During the last year, the City has constructed the following Complete Street amenities: Miles of bicycle lanes: Class 2 bicycle lanes: 2.6 miles Class 3 bicycle lanes (Sharrow* Lanes): 0.0 miles This was completed as part of the Wilfred Widening Project. Multi Use Bridge: 1 This was completed as part of the Wilfred Widening Project. Miles of bike path: 0.0 miles Miles of new sidewalks: 0.64 miles These were constructed as part of the Wilfred Widening and Labath/Business Park Project. Number of new curb ramps: New curb ramps: 28 Improved with truncated domes: 14 These were constructed as part of the Wilfred Widening, Labath/Business Park Project, and 2013 ADA Upgrades projects. 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. 5.B.1 2 Number of new improved crossings: 6 These were constructed as part of the 2013 Various Streets Project, Wilfred Widening and Labath/Business Park Project. Pedestrian and Bicycle Signage: 17 signs These were constructed as part of the Arlen / East Cotati overlay project. Pedestrian Push Buttons: 11 These were constructed as part of the 2013 Various Streets Project, Wilfred Widening and Labath/Business Park Project. *A Sharrow is a pavement marking that indicates to drivers that the road is to be shared with bicyclists. OPTIONS CONSIDERED: N/A FISCAL IMPACT/FUNDING SOURCE: N/A Department Head Approval Date: 2/7/2014 City Manager Approval Date: 2/8/2014 City Attorney Approval Date: N/A ITEM NO. 5.C.1 1 Meeting Date: February 25, 2014 Department: Development Services Submitted By: Rick Pedroncelli, P. L. S., Senior Engineering Technician Prepared By: Rick Pedroncelli, P. L. S., Senior Engineering Technician Agenda Title: Authorize and Approve First Amendment to Design Professional Services Agreement with URS for Traffic Signal Coordination, Traffic Analysis and Implementation for Rohnert Park Expressway and Golf Course Drive, Project GM003 RECOMMENDED ACTION: Authorize and Approve amendment to Design Professional Services agreement with URS for Traffic Signal Coordination, Traffic Analysis and Implementation for Rohnert Park Expressway and Golf Course Drive, Project GM003. BACKGROUND: The City Council approved a Design Professional Services agreement with URS for Traffic Signal Coordination, Traffic Analysis and Implementation for Rohnert Park Expressway and Golf Course Drive, Project GM003 by adopting City Council resolution number 2013-085 on May 28, 2013. The original agreement included costs not to exceed $121,890.00 to be paid for out of the Graton Mitigation Fund. During execution of the project a number of additional services relating to URS’s original scope became necessary and staff requested URS to perform. The additional services are items that staff felt needed to be addressed prior to the casino opening in order to minimize potential impacts of the casino on local traffic. The following is a list of these additional services and changes from the original scope of work: 1. Lane configuration changes on Golf Course Dr. and Commerce Blvd: included changes to westbound Golf Course Drive West approaching Redwood Drive and change to northbound Commerce Blvd approaching Golf Course Drive. 2. Additional signalized intersections were added along Golf Course Dr. to be included in the coordination plans, including: Roberts Lake Road, Doubletree Drive and Fairway Drive. These intersections were added in the interest of serving local traffic. 3. Included in the original scope of work, URS prepared and submitted an MTC PASS grant application on behalf of Rohnert Park for the “After Study” of this project. The funding was not approved by MTC. Administration of PASS grant funding has been removed from the scope of work. 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. 5.C.1 2 4. An additional signal coordination plan called a “Flush Plan” was prepared by URS. A Flush Plan is used during periods of grid lock along a traffic corridor. 5. URS was instrumental in fine tuning the traffic signal timings prior to and during the casino opening days. The time spent exceeded the original estimated scope. The actual cost incurred is being captured in the amended scope. 6. The “After Study” was originally an optional item in the scope of work and now is Task 10 of the amended scope of work. This work is necessary in order to develop final timing plans for the corridor based on actual traffic conditions after the casino opening. This work is not yet completed and therefore is an estimate. 7. Additional coordination with Caltrans district office staff relating to installation of hardware and/or software within Caltrans operated signal cabinets and right of way. This work is completed. ANALYSIS: Item numbers 1, 3, 4, 5 & 7 listed above are tasks that are complete and amount to $30,081.00 worth of the additional costs. Item numbers 2 & 6 have not been fully completed yet and the additional costs are estimated not to exceed $26,205.00. Item number 2 added three intersections thereby increasing the scope for both the pre-casino opening and after studies. Item number 6, the “After Study” is necessary in order to collect current traffic count information, analyze the data and development final signal timing plans. The total additional costs amount to $56,286.00, bringing the total fee for this agreement with URS to $178,176. URS has invoiced the City $111,167.00 as of January 2014 invoicing. The adopted FY 2013/14 Program Budget, Graton Mitigation fund includes $2,664,000 One- Time Development Fees funding various mitigation items. Staff prepared a program budget and presented it as a conceptual budget, acknowledging the need to provide flexibility between line items during the year due to the unique nature of the casino opening mitigation effort. This budget allocated $152,000 for Engineering Experts – Traffic, Signals, Striping, Signs and $210,000 for Street Maintenance. The $152,000 allocated for Engineering Experts was intended for the traffic signal coordination project among other traffic related design and analysis in preparation for the opening of the casino. The actual expenses as of January 2014 accounted under Engineering Experts is $157,505, which is $5,505 over budget. The $210,000 allocated for Street Maintenance was intended to fund the Rohnert Park Expressway Overcrossing Slurry Seal, Sign and Striping project, which actually cost a total of $187,280 or $22,720 under budget. Staff has reconciled the Graton Mitigation fund balance. The reconciled budget can absorb the additional $56,285.00 in addition to the $5,505 overage as well as have funds available for city contract traffic engineering peer review of the final signal coordination plans. Staff has made adjustments in order to balance the line items in the Graton Mitigation Fund budget. The adjustments are made to the following line items and transferred to the Engineering Experts line item: 1. Other – Communication & Security, reduce by $10,000 2. Contingency, reduce by $34,000 3. Printing, reduce by $4,000 4. Street Maintenance, reduce by $22,720 ITEM NO. 5.C.1 3 OPTIONS CONSIDERED: Staff recommends approving this amendment in order to complete the traffic signal coordination project. The options of: stopping the consultants work, removing the three added intersections from the scope, using other funding sources to pay for the amendment, and delaying the “After Study”, were all considered. The recommendation for approval is in the best interest of the Rohnert Park residences, because Stopping the consultants work would leave the traffic signal timing as is which is based on projected traffic volumes, not actual volumes. Removing the three intersections (Golf Course Dr. at Roberts Lake Road, Double Tree Dr. and Fairway) from the scope of work is not in the interest of local traffic because the Golf Course Dr. coordination would favor casino traffic over local traffic. Using other funding sources is not realistic due to other Capital Improvement projects using those other funds. Delaying the After Study is not favorable because the current traffic signal coordination is based on projected traffic patterns and appears to be experiencing some inefficiency which will be addressed with final coordination plans. FISCAL IMPACT/FUNDING SOURCE: The URS additional costs are billable to and paid by the Graton Mitigation Fund. The adopted program budget for the Graton Mitigation Fund has the additional funds available based upon staff’s reconciliation of the fund. Department Head Approval Date: 2/12/14 City Manager Approval Date: 2/13/14 City Attorney Approval Date: 2/12/14 Attachments (list in packet assembly order): 1. Resolution with first amendment to agreement RESOLUTION NO. 2014-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A FIRST AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH URS FOR TRAFFIC SIGNAL COORDINATION, TRAFFIC ANALYSIS AND IMPLEMENTATION FOR ROHNERT PARK EXPRESSWAY AND GOLF COURSE DRIVE, PROJECT GM003 WHEREAS, City Council resolution number 2013-085 adopted May 28, 2013, authorized and approved a Design Professional Services Agreement (“Agreement”) with URS for Traffic Signal Coordination, Traffic Analysis and Implementation for Rohnert Park Expressway and Golf Course Drive, Project GM003; and WHEREAS, during the execution of the Agreement, additional services related to URS’s original scope became necessary and staff requested URS to perform in order to complete the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an amendment to the Agreement to amend the scope of work to include additional services performed and to compensate URS an additional $56,286.00. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the first amendment to agreement attached hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 25th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibit A BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) FIRST AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT WITH URS FOR DESIGN SERVICES FOR THE TRAFFIC SIGNAL COORDINATION, TRAFFIC ANALYSIS AND IMPLEMENTATION FOR ROHNERT PARK EXPRESSWAY AND GOLF COURSE DRIVE PROJECT #GM003 This First Amendment to the Agreement between the City of Rohnert Park (“City”) and URS, (“Design Professional”) for additional design services (“First Amendment”) is entered into as of the 25th day of February, 2014, (“Effective Date”), by and between City and Design Professional. RECITALS A. City and Design Professional are parties to that certain Agreement for Services for the Traffic Signal Coordination, Traffic Analysis and Implementation for Rohnert Park Expressway and Golf Course Drive dated May 28, 2013 (“Agreement”). B. City and Design Professional now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Amendment to Scope of Services. In addition to the services provided for under Section 1 and Exhibit A of the Agreement, Design Professional shall provide additional traffic engineering services in connection with traffic signal timing and coordination. The “Scope of Work and Schedule of Performance” attached to the Agreement is hereby replaced and superseded by the Scope of Work and Schedule of Performance set out in the attached Attachment A, which is incorporated herein by this reference and shall be considered to be part of Exhibit A. 2. Amendment to Compensation. The Agreement originally provided for Design Professional’s compensation not to exceed $121, 890. Design Professional shall perform the above-referenced additional services described in this First Amendment for a total not-to- exceed amount of $56,286.00. Thus, the compensation provided for in Section 3(A) of the Agreement shall be amended to include a total not to exceed amount of $178,176.00. 3. Agreement in Effect. Except as expressly amended by this First Amendment, the Agreement is otherwise unmodified and shall remain in full force and effect and is incorporated and restated herein as if set forth at length. Each reference in the Agreement to itself shall be deemed to also refer to this First Amendment. 4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK: By:________________________/_______ Darrin Jenkins, City Manager (Date) Per Resolution No. 2014-_____ adopted by the Rohnert Park City Council on February 25, 2014. ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney URS: By:___________________________/_ Name:__________________________ (Date) Title:____________________________ By:___________________________/_ Name:__________________________ (Date) Title:____________________________ ITEM NO. 5.C.2 1 Meeting Date: February 25, 2014 Department: Finance Submitted By: Mark Walsh, Interim Finance Director Prepared By: Angie Smith, Purchasing Agent Agenda Title: Adopt Resolution Approving the Contract for Independent Audit Services with Macias Gini and O’Connell LLP RECOMMENDED ACTION: Approve the Contract for Independent Audit Services with Macias Gini and O’Connell LLP BACKGROUND: The City currently undergoes a complete audit of its financial statements by an outside independent auditing firm before it presents annual financial statements to the public. The audit is an important part of being accountable to the public, and acknowledges the fiduciary relationship between a local government and its citizens. ANALYSIS: The City’s current contract ended with the completion of the June 30, 2013 audit. Staff solicited proposals for Independent Audit Services and seven (7) Audit Firms responded. Upon evaluation of the proposals four (4) Audit Firms were asked to participate in an interview process. Following the interviews staff recommends, Macias Gini and O’Connell LLP (MGO) based on the following considerations: 1) MGO’s proposal includes a relatively high number of audit hours, meeting the City’s interest for a robust audit of the City’s financial statements. 2) MGO has superior knowledge of redevelopment dissolution activity, with extensive experience in auditing former redevelopment agencies, and conducting the agreed-upon- procedures engagements required of successor agencies by the State of California. 3) MGO is a recognized expert in governmental auditing and financial reporting, and will assist the Finance Department staff in evaluating reporting requirements and practices. 4) MGO’s proposed audit partner, David Bullock, CPA has prior experience auditing the City of Rohnert Park, and has expertise with RDA dissolution practices for other governments in Sonoma County. 5) Staff negotiated a reduced price of $71,055 for the audit of FY 2013-2014, with 3% increases for FY 2014-2015 and 2015-2016. The price is $4,645 less than what is paid under the current auditor’s contract; and includes no additional charges for preparing the Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 5.C.2 2 comprehensive annual financial report (CAFR). The current auditor charged the City an additional $18,000 for preparing CAFR report. 6) MGO’s proposal includes making their in-house training program available to Finance Department staff, which will help save City training resources. 7) The Finance Department will be tasked with implementing the Government Accounting Standards Board’s Statement Number 60, “Accounting and Financial Reporting for Pensions,” and that task will require significant additional training, accounting and audit efforts for fiscal year 2014-2015. MGO removed an additional $7,500 originally proposed for their part of this project, because of the City’s policy against paying extra to audit new accounting standards. Said contract will cover audit services for fiscal years 2013-2014 through 2015-2016, with the possibility of a two year extension. FISCAL IMPACT/FUNDING SOURCE: Funds are budgeted for each year in the General Fund for Independent Audit Services. Department Head Approval Date: 2-13-14 (Walsh) City Manager Approval Date: 2-13-14 (Jenkins) City Attorney Approval Date: 2-6-2014 (Barnhill) Attachments: 1. Approving Resolution 2. Contract Agreement 2014-017 RESOLUTION NO. 2014-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE CONTRACT FOR INDEPENDENT AUDIT SERVICES WITH MACIAS GINI AND O’CONNELL LLP WHEREAS, the City currently undergoes a complete audit of its annual financial statements by an outside independent auditing firm; and WHEREAS, the current independent audit contract ended with the completion of the June 30, 2013 audit; and WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6(D), the City staff solicited proposals for Independent Audit Services, and seven (7) proposals were received of which four (4) firms were interviewed; and WHEREAS, staff recommended Macias Gini and O’Connell LLP (MGO) based on their professional skill and qualifications, the scope of work included in their proposal and other factors identified in the staff report presented to the City Council on February 25, 2014; and WHEREAS, contract will cover audit services for three (3) audit years, with the possibility of a two year extension: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a contract by and between Macias Gini and O’Connell and the City of Rohnert Park for independent audit services in the following amounts: Audit Year Audit Year Audit Year Contractor Name 2013-2014 2014-2015 2015-2016 Macias Gini and O’Connell $71,055 $73,188 $75,383 Walnut Creek, CA BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park, including the agreement for services in substantially similar form as shown in Exhibit A, subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 25th day of February, 2014. ( 2 ) CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibit A BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) [1] Revised: 10/27/10 City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into as of the 25th day of February , 2014 by and between the CITY OF ROHNERT PARK (“City”), a California municipal corporation, and Macias Gini and O’Connell LLP (“Consultant”) RECITALS WHEREAS, City desires to obtain professional Audit Services to perform examination of the City’s financial records; 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 Accounting Supervisor 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 David Bullock, CPA 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. Exhibit A -2- 1208604v1 80078/0012 Revised: 10/27/10 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. Bound copies of the Comprehensive Annual Financial Report, and the Rohnert Park Financing Authority financial statements are to be completed no later than December 15 for each consecutive year 2014, 2015 & 2016. All additional work is to be completed by March of the following year. 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, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit B, and incorporated herein by reference. However, in no event shall the amount City pays Consultant exceed for the years 2013/2014 $71,055, 2014/2015 $73,188, & 2015/2016 $75,383. 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 Compensation. 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 -3- 1208604v1 80078/0012 Revised: 10/27/10 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. Consultant shall not commence any work exceeding the Scope of 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 for three years with the option to renew the agreement for two (2) additional years upon mutual agreement of both parties. Contract shall remain 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 work papers compiled 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. Data prepared or obtained 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, including audit programs, analytical review schedules, and statistical sampling results, analyses and schedules 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 -4- 1208604v1 80078/0012 Revised: 10/27/10 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 meaning 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 (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. Indemnity. 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 indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification 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, -5- 1208604v1 80078/0012 Revised: 10/27/10 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 of the 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 provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing 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 -6- 1208604v1 80078/0012 Revised: 10/27/10 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 C to this Agreement. 19. Termination of Agreement; Default. 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 terminate 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 turn over to the City Manager immediately copies of studies, computations, and other data, whether or not completed, 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. -7- 1208604v1 80078/0012 Revised: 10/27/10 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 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. If to City: City Clerk City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 If to Consultant: David Bullock, CPA (Partner) Macias Gini and O’Connell LLP 2121 N. California Blvd., Suite 750 Walnut Creek, CA 94596 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, -8- 1208604v1 80078/0012 Revised: 10/27/10 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 national origin. 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 B. Exhibit B: Compensation -9- 1208604v1 80078/0012 Revised: 10/27/10 C. Exhibit C: 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. Authority. 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 and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person’s financial interests. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first above written. -10- 1208604v1 80078/0012 Revised: 10/27/10 CITY OF ROHNERT PARK CONSULTANT By: __________________________________ City Manager By: Title: Date: Date: Per Resolution No. 2014-__adopted by the Rohnert Park City Council at its meeting of February 25, 2014 . APPROVED AS TO FORM: By: __________________________________ City Attorney By: __________________________________ City Clerk [11] 1208604v1 80078/0012 Revised: 10/27/10 EXHIBIT A Scope of Work The City Council and Finance Department requires outside auditing services to audit all of the City funds. In addition the audit firm is to issue the required opinion letters in order for the City to satisfy the requirements to issue a “single audit” edition of its General Purpose Financial Statement. The audits of the General Purpose Financial Statements shall be made in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records and such other auditing procedures as the auditor considers necessary in the circumstances in order to allow for an expression of an opinion of the General Purpose Financial Statements being audited. Audits to be performed include: • Comprehensive Annual Financial Report (CAFR) • Single Audit Financial Statements if required • Report on the City’s GANN Appropriations Limit calculations • Rohnert Park Financing Authority Financial Report (RPFA) • Transportation Development Act (TDA) Compliance Report if required The auditors will be required to observe the adequacy of the system of internal control, and if weaknesses are noted, make appropriate recommendations. The auditor’s comments shall be included in a separate management letter. The scope of the audit shall comply with all the general law provisions, code regulations and bond requirements of all the funds of the City of Rohnert Park. All state and federal regulations regarding audit requirements shall be included in the scope of the audit. It shall be the auditor’s responsibility to assist the City in observation of and compliance with the necessary GFOA requirements for the Certificate of Achievement for Excellence in Financial Reporting. It shall be the auditor’s responsibility to have their department print all the reports. Auditors shall provide in-house client training on new standard’s and government auditing and financial reporting as is warranted. [12] 1208604v1 80078/0012 Revised: 10/27/10 EXHIBIT B Compensation [13] 1208604v1 80078/0012 Revised: 10/27/10 EXHIBIT C 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. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (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. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage’s. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, sub-consultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. 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 [14] 1208604v1 80078/0012 Revised: 10/27/10 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 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 insured’s 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. 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 coverage’s 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. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. 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 coverage’s 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 [15] 1208604v1 80078/0012 Revised: 10/27/10 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, noncontributing 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 who 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 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. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. 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. 15. 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. [16] 1208604v1 80078/0012 Revised: 10/27/10 16. 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. 17. 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 submitted 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 five days of the expiration of the coverage’s. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. [17] 1208604v1 80078/0012 Revised: 10/27/10 CERTIFICATE OF CONSULTANT I, HEREBY CERTIFY that I am a Partner, and a duly authorized representative of the firm of Macias Gini and O’Connell LLP, whose address is 2121 N. California Blvd., Suite 750, Walnut Creek, California 94596 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 Signature ITEM NO. 5.C.3 1 And Meeting Date: February 25, 2014 Department: Administration/Human Resources Submitted By: Darrin Jenkins, City Manager Prepared By: Human Resources Department Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving an Employment Agreement with Mark Walsh for Finance Director Services and Confirming the Appointment of Mark Walsh as City Treasurer RECOMMENDED ACTION: Approve the attached resolution which authorizes and approves an employment agreement with Mark Walsh for Finance Director Services and confirms the appointment of Mark Walsh as City Treasurer. BACKGROUND: In 2013 the City Manager executed a recruitment for Finance Director. This single position management class oversees and directs the finance and information technology departments for the City along with serving as the City Treasurer and City Auditor. Typical functions including directing , managing and overseeing the City’s financial services including financial reporting, budget preparation and auditing, debt administration, revenue management, and city-wide information technology services. Emphasis was placed on the City’s need for expertise in innovative financial strategies and best practices in municipal finance operations. During the recruitment time period for this director level position, the City Manager resigned and an interim City Manager was instated. ANALYSIS: Mr. Walsh was selected from the original qualified applicant pool to serve as the interim Finance Director for a period three months during the transition of the new City Manager. He has extensive director level experience in local government financial and information technology services and has successfully led the department during his tenure as Interim Finance Director. He meets the qualifications for the position and has proven to be a valuable addition to the executive team. The proposed agreement is a 40 hours per week position with salary set at step 4 of the current Finance Director salary range. Step 4 is currently $10,427 month /$125,133 annually. As stated above, the duties of Finance Director include serving as City Treasurer. Municipal Code Section 2.04.080 requires that the City Manager appoint a City Treasurer, subject to approval of the City Council. Pursuant to that authority, the City Manager seeks Council approval to appoint Mr. Walsh to serve as City Treasurer during the term of the employment 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 ITEM NO. 5.C.3 2 FISCAL IMPACT/FUNDING SOURCE: This position is budgeted at a level higher than the pay rate in the agreement, so there is no real fiscal impact. Department Head Approval Date: City Manager Approval Date: City Attorney Approval Date: Attachments (list in packet assembly order): 1. Resolution Authorizing and Approving Employment Agreement Between City of Rohnert Park and Mark Walsh For Finance Director Services 2. Employment Agreement – Mark Walsh 3. Finance Director class description 2014-018 RESOLUTION NO. 2014-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MARK WALSH FOR FINANCE DIRECTOR SERVICES AND CONFIRMING THE APPOINTMENT OF MARK WALSH AS CITY TREASURER WHEREAS; City desires to retain the services of Mark Walsh to serve as the Finance Director in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement; WHEREAS, Mark Walsh desires to serve as Finance Director of the City of Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement; WHEREAS, Mark Walsh has the necessary education, experience, skills and expertise to serve as the Finance Director; WHEREAS, the City Manager, as appointing power, and Mark Walsh desire to agree in writing to the terms and conditions of employment; WHEREAS, Municipal Code Section 2.04.080 (Power of Appointment) provides that the City Manager will appoint a City Treasurer, subject to approval of the City Council; and WHEREAS, pursuant to that authority, City Manager desires to appoint Mark Walsh to serve as City Treasurer and seeks confirmation of that appointment from City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes and approves the Employment Agreement between the City of Rohnert Park and Mark Walsh for Finance Director Services (“Finance Director Employment Agreement”) attached hereto as Exhibit “A.” BE IT FURTHER RESOLVED that the City Council hereby approves the appointment of Mark Walsh as City Treasurer. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 25th day of February, 2014. ( 2 ) CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibit A BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Page 1 of 7 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MARK WALSH Exhibit A Page 2 of 7 EMPLOYMENT AGREEMENT Between CITY OF ROHNERT PARK AND MARK WALSH THIS AGREEMENT between the CITY OF ROHNERT PARK (“City”) and Mark Walsh (“Employee”) is dated for reference purposes as of February 25, 2014, and is deemed effective as of that date. RECITALS WHEREAS, the City requires the services of a Finance Director; WHEREAS, Employee desires to serve as Finance Director of the City of Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement; WHEREAS, Employee has the necessary education, experience, skills and expertise to serve as the City’s Finance Director and City Treasurer; and WHEREAS, the City Manager, as appointing power, and Employee desire to agree in writing to the terms and conditions of Employee’s employment; AGREEMENT NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. DUTIES. (a) City agrees to employ Employee as Finance Director of the City of Rohnert Park to perform the functions and duties specified in the City of Rohnert Park Job Description for the Finance Director position, attached hereto as Exhibit A, and to perform other legally permissible and proper duties and functions as City Manager may from time to time assign or appoint such as City Treasurer. (b) Employee shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by City. (c) Employee shall not engage in any activity, which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under this Agreement and annually thereafter, Employee must complete disclosure forms required by law. 2. HOURS OF WORK The Finance Director is an exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligations of the Finance Director position. The Finance Director is expected to work customary business hours. Page 3 of 7 3. TERM The term of this Agreement shall be three (3) years from the date of adoption specified or until terminated by either party in accordance with the provisions set forth in this agreement or by the event of the death or permanent disability of Employee. 4. RESIGNATION AND TERMINATION (a) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City's Finance Director. Employee may terminate this Agreement by submitting written notice of his resignation to City. Employee shall give the City thirty (30) days written notice of his intention to resign. (b) Employee is an "at will" employee who serves at the pleasure of the City Manager and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee as Finance Director with or without cause at any time. There is no express or implied promise made to Employee for any form of continued employment. Further, nothing in this Agreement is intended to, or does, confer upon Employee any due process right to a hearing or other administrative process pertaining to termination, before or after a decision by the City to terminate his employment, unless Employee is entitled to a name clearing hearing under California or federal law. No terms of this Agreement may be altered without an express written document signed by the Employee and City Manager and approved by the City Council. (c) Employee may be terminated for cause at any time by providing Employee written notice of his termination for cause. Termination for cause means termination based upon a breach of any of the terms of this Agreement, malfeasance of any nature occurring during the course and scope of the Employee's duties as Finance Director; or a conviction, plea bargain, or personal adverse State or federal determination against Employee individually involving any felony, intentional tort, crime of moral turpitude, violation of statute or law constituting forfeiture of office, misconduct in office for personal gain, misuse of public funds for personal benefit, conflict of interest resulting in conviction, or any other incompatible activity or conflict of interest listed in Section 7 of City Personnel Rules and Regulations. (d) Severance Benefits (1) In the event Employee is terminated from employment without cause while still willing and able to perform his duties under this Agreement, then City agrees to pay Employee one (1) month severance if termination occurs during the first year (12 months) of employment; a lump sum cash payment equal to three (3) months of his base monthly compensation during the second or third year (12-36 months) of employment. (2) In addition, City shall extend to Employee the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Act of 1986 (COBRA). (3) In the event Employee is terminated for cause, Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law. Employee shall not be entitled to any severance benefits. Page 4 of 7 5. COMPENSATION AND BENEFITS. (a) City agrees to pay Employee for his services rendered pursuant hereto as Finance Director a gross monthly salary of $10,427 payable in bi-monthly installments of at the same time as other employees of the City are paid and subject to all applicable payroll taxes and withholdings. The position of Finance Director is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked. (b) In accordance with City policy, City Manager will review and evaluate performance of Employee as Finance Director once each year. During this annual review, City agrees to consider all possible merit based increases. (c) Employee shall be entitled to all benefits, rights, and privileges accorded to the non- public safety Management Unit except as otherwise provided in this Agreement. If there is any conflict between this Agreement and any resolution fixing compensation and benefits for non-public safety City Department Directors or other unclassified employees, this Agreement shall control. Leave accrual rates shall be based on Employee’s original hire date of December 2, 2013 and all accrued leaves of absence earned by Employee in his interim position with City shall be carried over to his employment as Finance Director on an hour-for-hour basis. (d) Employee shall be included in the City’s Miscellaneous Plan with the California Public Employees’ Retirement System (“CalPERS”) at the two percent (2.0 %) at sixty-two (62), highest three year average program if he meets the definition of a new employee under the PEPRA program and shall contribute at least fifty percent (50%) of the normal cost rate to CalPERS. (e) The Employee shall not be entitled to receive retiree medical benefits currently offered to non-public safety Management Unit employees. (f) If available and budgeted, City will provide up to three thousand dollars ($3,000.00) per fiscal year for Employee’s professional development expenses. Use of these dollars shall be subject to the prior approval of the City Manager. (g) Employee is subject to City Personnel Rules and Regulations as an Executive Management Employee and is exempt from specific rules and regulations as set forth in Section 1, subsection (C) of the Personnel Rules, as amended or supplemented from time to time. Employee is exempt from the City’s Grievance Policy and Procedure as set forth in Resolution No. 79-22 and incorporated by reference into the Management Unit Outline and City Personnel Rules and Regulations. 6. INDEMNIFICATION. In accordance with the terms, conditions, and limitations of the Government claims Act (Gov't Code §§ 810 et seq.), City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Finance Director. Based on its sole discretion, the City will determine whether to compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment, and the otherwise expiration of this Agreement for any acts undertaken or his capacity as Finance Director, regardless of whether the notice of filing of a lawsuit for Page 5 of 7 such tort, claim, demand, or other legal action occurs during or following Employee's employment with City as Finance Director. 7. CONFLICT OF INTEREST PROHIBITION. Employee represents and warrants to City that, to the best of his knowledge, he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with the performance of his duties under this Agreement. 8. CONFIDENTIAL INFORMATION. “Confidential Information” is all non-public information pertaining to the business of City (or any Cit y affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his/her employment or otherwise produced or acquired by or on behalf of City. Confidential Information shall include, without limitation, proprietary information such as trade secrets, confidential financial data and formulae, attorney client-privileged information, confidential licensing information, software and other computer programs, copyrightable material, and other information exempt from production under the California Public Records Act and/or the Freedom of Information Act. During his employment by City, Employee shall disclose Confidential Information only for the benefit of City and as may be necessary to perform his job responsibilities under this Agreement. Following termination, Employee shall not disclose any Confidential Information, except with the express written consent of City. Employee’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement. 9. GENERAL EXPENSES. City recognizes and agrees to pay and/or reimburse Employee for reasonable and necessary travel, subsistence and other business expenses incurred by Employee in the performance of his duties with prior approval by the City Manager. 10. NOTICES. Any notices required by this Agreement shall be in writing and either given in person or by first class mail with postage prepaid and addressed as follows: TO CITY: City Manager City o f Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 TO EMPLOYEE: Mark Walsh Home Address on File with Human Resources Page 6 of 7 11. ATTORNEY'S FEES. In the event of any mediation, arbitration or litigation to enforce any of the provisions of this Agreement, each party shall bear its own attorney's fees and costs. 12. ENTIRE AGREEMENT. This Agreement is the final expression of the complete agreement of the parties with respect to the matters specified herein and supersedes all prior oral or written understandings, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. Except as prescribed herein, this Agreement cannot be modified except by written mutual agreement signed by both parties and approved by the City Council. To the extent that the practices, policies, or procedures of City, now or in the future, apply to Employee, and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. 13. ASSIGNMENT. This Agreement is not assignable by either City or Employee. 14. SEVERABILITY. In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of the Agreement shall remain in full force and effect t unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement. 15. PROVISIONS THAT SURVIVE TERMINATION. Many sections of this Agreement are intended by their terms to survive the termination of employment with the City, including but not limited to Sections 3(d) and 5. These sections, and the others so intended, shall survive termination of employment and termination of this Agreement. 16. JURISDICTION AND VENUE. This Agreement shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in Sonoma County, California. 17. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 18. EFFECTIVE DATE. This Agreement shall be deemed effective on the February 25, 2014. Page 7 of 7 19. ACKNOWLEDGMENT. Employee acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his judgment and not on any representations or promises other than those contained in this Agreement. IN WITNESS WHEREOF, the City has caused the Agreement to be signed and executed on its behalf by its City Manager. It has also been executed by Employee on the date first above written. CITY OF ROHNERT PARK By:_____________________________ Darrin Jenkins City Manager Per Resolution No. 2014-__ adopted by the Rohnert Park City Council on_____. By:_______________________ JoAnne Buergler City Clerk EMPLOYEE By:______________________________ Mark Walsh APPROVED AS TO FORM: By:__________________________ Michelle Marchetta Kenyon City Attorney City of Rohnert Park FINANCE DIRECTOR DEFINITION Serves as a member of the City’s executive team. Directs, manages, and oversees the activities and operations of the Finance Department including financial reporting, accounting, payroll, budget preparation, treasury function, debt administration, revenue management, utility billing, business licensing, and purchasing; advises the City Manager and City Council on financial matters. Serves as the City Treasurer and City Auditor. Performs other duties as assigned. DISTINGUISHING CHARACTERISTICS The Finance Director has responsibility for the lawful, effective and prudent disbursement, investment and management of City funds as well as for ensuring the City’s compliance with all regulations governing the keeping of municipal financial records and the filing of reports. The incumbent is responsible for maintaining positive community relations while efficiently collecting sufficient taxes, fees and fines to sustain the City’s operations. The incumbent is expected to know all laws, codes and standards regulating municipal finances and within these guidelines has the discretion to plan, organize and direct the City’s financial operations. SUPERVISION RECEIVED/EXERCISED Administrative direction is provided by the City Manager. The Finance Director provides direct and indirect supervision of staff engaged in the operations of the Finance Department. ESSENTIAL JOB DUTIES (These duties are a representative sample; position assignments may vary) • Directs, manages and oversees all Finance Department services and activities including financial reporting, accounting, payroll, budget preparation, treasury function, debt administration, revenue management, utility billing, business licensing, and purchasing • Advises the City Manager and presents to the City Council on financial matters • Works closely with the executive team to develop and improve finance operations and systems • Monitors and evaluates the efficiency and effectiveness of financial methods and procedures, administrative and support systems; identifies opportunities for improvement; directs the implementation of changes • Prepares and presents reports to the City Council and various committees and commissions regarding the City’s financial matters; supports the City Manager in the administration, development and strategic planning of finance and budget strategies City of Rohnert Park Finance Director Page 2 • Serves as the City Treasurer, auditor, and financial advisor overseeing financial forecasting, investment management, and related financial activities • Oversees and participates in the preparation of financial statements in accordance with generally-accepted accounting standards; • Serves as the City’s principal budget officer; coordinates and advises city department leadership on the development and administration of the City’s budget; strategizes on city-wide long term budget forecasting; reviews and controls programs and projects to ensure cost effectiveness • Participates in and makes presentations to the City Council and a wide variety of committees, boards and commissions • Works cooperatively to address City issues, ensures overall health of the organization, fosters good communications between program staff and provides consistent and professional management • Represents the City and the Finance department to outside groups and organizations and participates in community and professional groups providing technical assistance as necessary • Conducts studies of cash on hand and cash flow requirements to determine investment schedules • Ensures availability of funds for debt service payments and proper accounting for bond funds • Reviews capital improvement projects and ensures that authorized expenditures match the proper funding source • Supervises the maintenance of the General Ledger and the preparation and analysis of various financial statements, schedules and reports • Oversees the design and maintain finance software • Serves on the Emergency Management Team in the event of a disaster or emergency • Provides outstanding and friendly customer service CITY EMPLOYEES ARE EXPECTED TO: • Provide outstanding and friendly customer service • Create and maintain a respectful and collaborative working environment • Communicate honestly and behave in a manner that is ethical, legal and fiscally responsible • Demonstrate care for the organization, customers and coworkers • Practice and encourage initiative and innovation to improve the workplace QUALIFICATIONS Education/Training/Experience: Sufficient education, training and experience to manage the finances of a city, the collection, accounting and reporting of City funds and the work of a city Finance Department. A typical way to obtain the required qualifications is to have: City of Rohnert Park Finance Director Page 3 • A Bachelor’s Degree from an accredited college or university with major course work in accounting, business or public administration, and • Five years of professional, comprehensive and increasingly responsible work experience in governmental accounting, auditing and financial management, including two years in a managerial capacity • A Master’s Degree and public sector experience are highly desirable License/Certificate: • CPA Certificate is desirable. • Possession of a valid California Class C Driver’s License by date of appointment Special Requirements: Per California State Law, smoking is not permitted inside City facilities/vehicles or within 20 feet of main entrances, exits, and operable windows Attend Council Meetings, budget work sessions and community meetings Knowledge of: • Thorough knowledge of the principles and practices of public agency finance, including general and governmental accounting, auditing and reporting functions • Principles and practices of public agency budget development and administration and sound financial management policies and procedures • Thorough knowledge of laws, codes and standards regulating municipal finances and within these guidelines has the discretion to plan, organize and direct the City’s financial operations • Trends and innovations in the field of finance and governmental accounting Knowledge of fund and cash-basis of accounting and reporting • Standard financial office procedures, machines, manual and automated data storage, processing and retrieval systems • Thorough knowledge of laws, codes and regulations pertaining to the financial operations of municipal government Skill to: • Manage public money, make financial plans, projections and budgets and to apply financial regulations and sound accounting principles to a wide variety of transactions • Use spreadsheets and other computer applications related to financial operations • Analyze, interpret and quickly act upon data related to investment decisions and other financial transactions. • Make independent decisions and solve practical operational problems Ability to: • Evaluate, develop and improve finance operations and systems; manage and deliver related projects to successful conclusion City of Rohnert Park Finance Director Page 4 • Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor the distribution of work, support systems, and internal reporting relationships; identify opportunities for improvement; direct and implement changes • Develop and implement department policies and procedures • Plan, organize, direct and coordinate the work of management, supervisory, professional, technical and administrative support personnel • Conduct a variety of departmental organizational and operational studies and investigations; recommend modifications to programs, policies and procedures as appropriate • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals • Provide administrative and professional leadership and direction for the Department and the City • Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner • Select, train, motivate and direct department personnel directly and through subordinate management staff evaluate and review work for acceptability and conformance with department standards • Contribute to the overall quality of the department’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and City needs • Establish and maintain cooperative working relationships • Learn and apply new technology Working Conditions: The position requires prolonged sitting in the performance of daily duties and frequent repetitive keyboarding for inputting data and preparing reports and other documents. The position also requires walking, standing, stooping, some pushing, dragging, and light lifting while obtaining and returning journals, printouts, documents and boxes. Near, far and color vision is required in reading correspondence, statistical data, and using a computer. Hearing is required when providing phone and face-to-face customer service and attending meetings. The position works in an office environment, around standard office equipment, interacts with the public, and is subject to interruptions and deadlines. FLSA Status: Exempt Employee Unit: At Will - Contract Approved By: Gabriel A. Gonzalez, City Manager Revised: March 9, 2012, September 16, 2013 Approved: April 22, 1997 February 25th, 2014 FY 13 -14 Mid-Year Transactions Review (agenda item 6A) Revenues to date Expenditures to date FY 13 -14 Revenue Projections and Budget Amendments (6B) Agenda FY 2013/14 General Fund RevenueBudget to Mid-Year Actual General Fund Revenue 2013/14 Adopted Budget Y-T-D Actual thru 12/31/13 $ Available From Budget Actual As % of Budget Property Tax 3,365,640$ 1,981,693$ (1,383,947)$ 58.9% Real Property Transfer 75,000 73,080 (1,920) 97.4% Measure E 3,169,317 1,729,903 (1,439,414) 54.6% Sales and Other Taxes 8,036,384 4,090,638 (3,945,746) 50.9% Transient Occupancy Tax 2,000,000 1,373,385 (626,615) 68.7% Licenses and Permits 1,012,125 913,056 (99,069) 90.2% Fines & Forfeitures 161,200 79,934 (81,266) 49.6% Interest and Rents 344,988 268,714 (76,274) 77.9% Intergovernmental 2,901,730 1,661,149 (1,240,581) 57.2% Charges for Current Services 439,550 457,541 17,991 104.1% Community Services Revenues 1,569,540 758,538 (811,002) 48.3% Other Income 100,000 972,072 872,072 972.1% Total General Fund Revenues 23,175,474$ 14,359,702$ (8,815,772) 62.0% One-Time FY 13/14 Revenues (in thousands) Sale of Stadium Land $503K Redwood Equities Incentive 300K SMV Fire Truck Donation 50K Total one-time revenues $853K FY 2013/14 General Fund ExpendituresBudget to Mid-Year Actual a)Administration includes –City Council, City Manager, Economic Development, Legal, Human Resources General Fund Expenditures 2013/14 Adopted Budget Y-T-D Actual thru 12/31/13 Remaining Budget Actual As % of Budget Administration a)1,888,093$ 777,064$ 1,111,029$ 41.2% Finance 577,383 274,980 302,403 47.6% Development Services 868,590 543,330 325,260 62.6% Public Safety 15,209,119 6,925,287 8,283,832 45.5% Animal Services 451,108 224,843 226,265 49.8% Public Works 2,064,380 1,024,595 1,039,785 49.6% Community Services 2,363,528 1,389,589 973,939 58.8% Retirees Medical Benefits 1,715,253 869,441 845,812 50.7% Fees & Debt Service (Non Dpt)326,594 200,015 126,579 61.2% Total General Fund Expenditures 25,464,048$ 12,229,143$ 13,234,906 48.0% FY 13-14 Budget Amendment Requests(6B) General Fund Revenue Amendments Account Name Current Budget Change +/-Revised Budget Justification/Comments Property Tax 3,365,640 (167,041) 3,198,599 County projection Property Transfer Tax 75,000 55,000 130,000 current year collections General Sales Tax 4,656,998 437,150 5,094,148 MuniServices projection Sales Tax in lieu 1,667,386 86,355 1,753,741 MuniServices projection Measure E 3,169,317 301,183 3,470,500 MuniServices projection Transient Occupancy Tax (TOT)2,000,000 530,000 2,530,000 Current year collections Property Tax in lieu of VLF 2,600,000 129,406 2,729,406 County projection Cost Recovery - Planning - 25,700 25,700 Administrative fees collection Cost Recovery - Engineering - 41,500 41,500 Administrative fees collection Engineering Fees 110,000 120,000 230,000 Increase in development Gold Ridge - Contract Classes 20,000 66,000 86,000 new contract Gold Ridge - Rental 2,000 12,000 14,000 new tenants Total Budget Amendment Request 17,666,341 1,637,253 19,303,594 City Manager’s Office Account Description Current Budget Change +/-Revised Budget 001-1200-400-6101 Contractual Services 56,375 58,000 114,375 1 001-1200-400-6930 Election Expense 25,000 70,000 95,000 2 001-1200-400-5210 Special Dept Exp 20,300 (3,700) 16,600 3 001-1200-400-4201 Part-Time Salaries - 3,700 3,700 4 001-1200-400-4985 Salary Adjustment 148,700 (26,000) 122,700 5 Total Budget Amendment Request – CM Office 250,375 102,000 352,375 Justification/Comments 5) Move 2 months ED Manager salary to DS Engineer position 1) $46K requested for Lew Edwards Group Measure A cost $12K requested for Management Partner consultant cost 2) Election cost for Measure A Extension 3) 120 hours of PT labor cost for record retention project 4) 120 hours of PT labor cost for record retention project Human Resources Account Description Current Budget Change +/-Revised Budget 001-1700-400-4201 Part-Time Salaries 16,000 29,000 45,000 001-1700-400-5231 Cell Phone - 500 500 001-1700-400-5210 Special Dept Supplies - 1,110 1,110 001-1700-400-5272 Auto Allowance 4,320 (2,495) 1,825 001-1700-400-6210 Recruitment - 3,900 3,900 001-1700-400-6101 Contractual Services - 60,000 60,000 001-1700-400-4985 Salary Adjustment 339,375 (133,873) 205,502 Total Budget Amendment Request – HR 359,695 (41,858) 317,837 Justification/Comments 7) Total salaries savings from vacant positions 1) Backfill for vacant HR Analyst position 2) 5 months remaining for cell phone cost for HR Director position 3) Various supplies needed for HR dept 4) 5 months remaining for auto allowance cost for HR Director position 5) Anticipated recruitment cost for HR Analyst 6) Backfill for vacant HR Director Finance Account Description Current Budget Change +/-Revised Budget 001-1300-400-6101 Contractual Services - 35,200 35,200 1 001-1300-400-4985 Salary Adjustments 450,305 (35,200) 415,105 2 001-1300-400-6600 Travels & Meetings 275 725 1,000 3 001-1300-400-5272 Auto Allowance 8,835 (6,335) 2,500 4 Total Budget Amendment Request – Finance 459,415 (5,610) 453,805 Justification/Comments 1) Backfill for vacant FD and additional help with projects 2) Salary savings from FD vacancy 3) Various City function attendance 4) Correct auto allowance budget due to staff allocation Development Services Account Description Current Budget Change +/-Revised Budget 001-1600-400-4401 Overtime Salaries 4,115 15,350 19,465 1 001-1600-400-4999 Cost Reimbursement (520,000) 70,000 (450,000) 2 001-1600-400-6101 Contractual Services 59,494 55,420 114,914 3 001-1600-400-6600 Travel & Meetings 700 860 1,560 4 001-1600-400-4985 Salary Adjustment 1,090,003 26,000 1,116,003 5 Total Budget Amendment Request – DS 634,312 167,630 801,942 Justification/Comments 1) Increase workload demands from originally planned projects 2) Staff hours being shifted from billable to non-billable projects 3) Additional plan check consulting contract for building permits issues 4) Offsite TRAKit training for permit system implementation 5) Move 2 months ED Manager salary to DS Engineer position Note: Cost recovery and engineering fee revenue budget is increased by $187,200. Public Safety Account Description Current Budget Change +/-Revised Budget 001-2100-400-4985 Salary Adjustment 12,209,283 (100,000) 12,109,283 1 001-2100-400-4101 Over-Time Salaries 760,000 100,000 860,000 2 001-2300-400-9610 C/O - Vehicle - 300,000 300,000 3 Total Budget Amendment Request – Public Safety 12,969,283 300,000 13,269,283 Justification/Comments 1) Salary savings to backfill overtime increase 2) Increase in OT caused by vacancies; offset with salary savings 3) Purchase of fire engine funded by Sonoma Mountain Village Note: The fire engine was financed by a FY 12-13 donation, and arrived FY 13-14. Public Works -General Account Description Current Budget Change +/-Revised Budget 001-3300-400-5251 Uniforms 1,100 1,050 2,150 1 001-3300-400-5231 Cell Phones 780 432 1,212 2 Total Budget Amendment Request – General Service 1,880 1,482 3,362 Justification/Comments 2) Phones removed from adopted budget, reinstated January 2014 1) Per SEIU side letter to employee MOA (includes cost of jackets) Public Works -Streets Account Description Current Budget Change +/-Revised Budget 001-3420-400-5251 Streets/Uniforms 1,860 1,450 3,310 1 001-3420-400-9610 Streets/C/O Vehicles - 10,000 10,000 2 001-3420-400-5210 Streets/Special Dept. Suppli 67,315 7,000 74,315 3 001-3420-400-6420 Streets/Vandalism/ Losses 25,000 30,000 55,000 4 001-3420-400-5231 Streets/Cell Phones 420 648 1,068 5 001-3420-400-6101 Streets/Signal Lights 68,889 3,059 71,948 6 Total Budget Amendment Request - Streets 163,484 52,157 215,641 Justification/Comments 5) Phones removed from adopted budget; reinstated January 2014. 6) Additional signalized intersections added in FY 13/14. 1) Per SEIU side letter to employee MOA (includes cost of jackets) 2) Existing 1996 backhoe loader, used for light-duty loading functions, reached end of useful life; 2004 replacement backhoe purchased from Water for $20K; cost split with Parks-4001. 3) $7K requested for street light maintenance (bulb and cobra head replacement); 4) Budget amount covers avg. repair/replacement costs for 2 poles. This year, we have experienced 4 times the amount of damages poles from traffic accidents. Some expenses are recoverable. Public Works -Parks Account Description Current Budget Change +/-Revised Budget 001-4001-400-5251 Parks/Uniforms 1,560 2,000 3,560 1 001-4001-400-9610 Parks/Maintenance/ C/O Vehicles 21,100 10,000 31,100 2 001-4001-400-5231 Parks/Cell Phones - 648 648 3 Total Budget Amendment Request – Parks 22,660 12,648 35,308 Justification/Comments 1) Per SEIU side letter to employee MOA (includes cost of jackets) 2) Existing 1996 backhoe loader, used for light-duty loading functions, reached end of useful life; 2004 replacement backhoe purchased from Water for $20K; cost split with Streets-3420. 3) Phones removed from adopted budget; reinstated January 2014. Gold Ridge Site Account Description Current Budget Change +/-Revised Budget 001-5400-400-6101 Contractual Services 11,000 63,000 74,000 1 Total Budget Amendment Request – Gold Ridge 11,000 63,000 74,000 Justification/Comments 1) Related revenue account is increased by $66,000. Other Account Description Current Budget Change +/-Revised Budget 001-1910-400-49xx Retiree Medical 1,715,253 (115,253) 1,600,000 1 001-0000-400-8100 Transfer-out 392,151 300,000 692,151 2 Total Budget Amendment Request – Others 2,107,404 184,747 2,292,151 Justification/Comments 2) OPEB Pre-funding 1) Reduction based on actuarial study General Fund Revenues -Proposed 2013-14 2013-14 $INC/(DEC) 2012-13 ADOPTED PROPOSED FROM ACTUAL BUDGET AMENDMENT ADOPTED REVENUE Property Taxes 2,996,980$ 3,365,640$ 3,198,599$ (167,041)$ Real Property Transfer 126,804 75,000 130,000 55,000 Sales & Use Tax 6,266,360 6,324,384 6,847,889 523,505 Measure E 3,289,495 3,169,317 3,470,500 301,183 Transient Occupancy Tax 2,202,885 2,000,000 2,530,000 530,000 Franchise fees 1,682,427 1,712,000 1,712,000 - Licenses and Permits 1,161,006 1,012,125 1,012,125 - Fines & Forfeitures 200,266 161,200 161,200 - Interest and Rents 337,801 344,988 344,988 - Intergovernmental 3,134,389 2,901,730 3,031,136 129,406 Charges for Current Services 653,114 439,550 626,750 187,200 Community Services Fees 1,519,666 1,569,540 1,647,540 78,000 Other Income 1,395,347 100,000 100,000 - TOTAL REVENUE 24,966,540$ 23,175,474$ 24,812,727$ 1,637,253 General Fund Expenditures -Proposed 2013-14 2013-14 $INC/(DEC) 2012-13 ADOPTED PROPOSED FROM ACTUAL BUDGET AMENDMENT ADOPTED EXPENSE Administration 1,582,520$ 1,888,093$ 1,948,235$ 60,142$ Finance 482,200 577,383 571,773 (5,610) Information Technology 662,420 - - - Development Services 788,683 868,590 1,036,220 167,630 Rent Appeals Board 74,228 - - - Public Safety - Police & Fire 13,781,812 15,209,119 15,509,119 300,000 Animal Services 431,222 451,108 451,108 - Public Works 2,046,812 2,064,380 2,130,667 66,287 Community Services 2,223,016 2,363,528 2,426,528 63,000 Retiree Medical 1,509,135 1,715,253 1,600,000 (115,253) Fees & Debt Service (Non Departmental)500,733 326,594 326,594 - TOTAL EXPENSE 24,082,781$ 25,464,048$ 26,000,244$ 536,196$ Transfer In from Other Funds 1,038,718$ 1,285,000$ 1,285,000$ -$ Transfers Out to Other Funds (563,589) (392,151) (692,151) (300,000) TOTAL TRANSFERS 475,129$ 892,849$ 592,849$ (300,000)$ NET CHANGE IN FUND BALANCE 1,358,888$ (1,395,725)$ (594,668)$ 801,057$ Council Questions/Discussions Action ITEM NO. 6.A Meeting Date: February 25th, 2014 Department: Finance Submitted By: Mark Walsh, Interim Finance Director Prepared By: Mark Walsh/Ana Kwong Agenda Title: FY 2013-14 Mid-Year Financial Review: FY13/14 Mid-Year General Fund Review BACKGROUND: The City Council adopted the FY 13-14 operating budget on June 25, 2013. The Finance Department has prepared a mid-year revenue and expenditure report to provide accounting information for the City major general fund accounts. The purpose of this report is to provide an accounting summary that give a general indication of progress to date. A separate report addressing FY 13-14 budget amendments includes updated projections for major revenue accounts. ANALYSIS: The financial information reported includes transactions through December 31, 2013, the mid- point of the fiscal year that starts July 1st and ends June 30th. At mid-year, total general fund revenue is $14,359,702, which is 62% of the adopted budget’s total, $23,175,474. General fund expenditures through December 2013 total $12,229,143, or 48% of the budgeted amount of $25,464,048. It is important to note that simply “doubling” mid-year revenue and expenditure numbers is a natural inclination, but doing so may cause projection problems, because many revenue and expenditure transaction do not occur evenly throughout the year. However, mid-year data is an important indicator of budget progress, and major variations from planned revenue and expenditures can be identified. The Finance Department has analyzed the transactions in the major accounts, and we believe the mid-year data reflects healthy revenue growth in most major categories, and overall expenditures that are tracking favorable, compared to budget. Department Head Approval Date: 2/13/2014 City Manager Approval Date: 2/14/14 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. General Fund Summary, 2. Revenue Summary 3. Expenditure Summary Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT GENERAL FUND FY13/14 Budget vs. Actual 2nd Quarter Financial Update 2012-13 2013-14 2013-14 Actual AMENDED 2012-13 ADOPTED ACTUAL As % of BUDGET ACTUAL BUDGET 12/31/2013 Budget REVENUE Property Taxes 2,662,411$ 2,996,980$ 3,365,640$ 1,981,693$ (a)59% Real Property Transfer 75,000 126,804 75,000 73,080 (b)97% Sales & Use Tax 6,398,587 6,266,360 6,324,384 3,451,543 55% Measure E/A 2,600,000 3,289,495 3,169,317 1,729,903 55% Transient Occupancy Tax 1,700,000 2,202,885 2,000,000 1,373,385 (c)69% Franchise fees 1,430,000 1,682,427 1,712,000 639,095 37% Licenses and Permits 855,500 1,161,006 1,012,125 850,020 (d)84% Fines & Forfeitures 158,130 200,266 161,200 82,100 51% Interest and Rents 785,705 337,801 344,988 252,536 (e)73% Intergovernmental 3,192,406 3,134,389 2,901,730 1,661,149 57% Charges for Current Services 544,000 653,114 439,550 457,541 (f)104% Community Services Fees 1,630,000 1,519,666 1,569,540 758,538 48% Other Income 109,370 1,395,347 100,000 972,072 (g)972% TOTAL REVENUE 22,141,109$ 24,966,540$ 23,175,474$ 14,282,654$ 62% EXPENSE Administration 1,622,587$ 1,582,520$ 1,888,093$ 768,148$ 41% Finance 524,926 482,200 577,383 274,980 48% Information Technology 744,573 662,420 - - (h) Development Services 1,015,916 788,683 868,590 543,330 (i)63% Rent Appeals Board 43,697 74,228 - - (j) Public Safety - Police & Fire 14,901,384 13,781,812 15,209,119 6,925,287 (k)46% Animal Services 427,603 431,222 451,108 224,843 50% Public Works 2,200,583 2,046,812 2,064,380 1,024,595 50% Community Services 2,271,906 2,223,016 2,363,528 1,389,589 (l)59% Retiree Medical 1,715,253 1,509,135 1,715,253 869,441 51% Fees & Debt Service (Non Departmental)817,395 500,733 326,594 117,893 (m)36% TOTAL EXPENSE 26,285,823$ 24,082,781$ 25,464,048$ 12,138,104$ 48% Transfer In from Other Funds 1,543,989$ 1,038,718$ 1,285,000$ 508,000$ 40% Transfers Out to Other Funds (109,500) (563,589) (392,151) (277,122) 71% TOTAL TRANSFERS 1,434,489$ 475,129$ 892,849$ 230,878$ NET CHANGE IN FUND BALANCE (2,710,225)$ 1,358,888$ (1,395,725)$ 2,375,428$ (a) Includes $463,761 of Redevelopment Property Tax Trust Fund (RPTTF) distributions of tax increment (b) Increase due to increased activity in the sale of properties (c) Increase TOT collections (d) Licenses & Permits increased due to changes in billing methods. Activity is non-linear. (e) Interests & Rents increased due to new cell tower lease agreements, and a contract for the digital sign (f) Increase in fee-driven development activity. (g) Due to one-time revenue; i.e., sale of stadium land, Redwood Equities (h) Information Technology is moved to an internal service fund. (i) Development Services increased due to a shift in "billable" hours to "non-billable" projects (e.g. TRAKit) (j) Rent Appeals Board accounting moved from the general fund to a special revenue fund (k) Decreased expenditures are attributed to vacant position in the first half of the fiscal year. (l) Expenses are non-linear (m) Property Tax administration fees and audit fees are paid later in the fiscal year. 1 City of Rohnert Park Revenue Summary Report For Six Months Ending December 31, 2013 6 months 6 Months Adopted Ending % Budget 12/31/2013 Difference + / - Major Funds: General 11,587,737$ 14,282,654$ 2,694,917$ 23% Water 3,296,078 3,217,444 (78,634) -2% Sewer 6,746,569 5,202,874 (1,543,695) -23% Total Major Operating Funds 21,630,384$ 22,702,972$ 1,072,588$ 5% General Fund Variance Explanations: Property Tax 1,682,820$ 1,981,693$ 298,873$ 18%Increase in both secured property portion and RPTTF RDA redistribution Real Property Transfer Tax 37,500 73,080 35,580 95%Increase due to increased activity in the sale of properties Sales Tax 2,328,499 2,531,129 202,630 9%Sales tax collections reflect an improving economy Measure E/A 1,584,659 1,729,903 145,244 9%Sales tax collections reflect an improving economy Sales Tax In Lieu 833,693 920,414 86,721 10%Increase in Sales Tax in lieu is consistent with increase in sales tax collections Transient Occupancy Tax 1,000,000 1,373,385 373,385 37%Transient Occupancy Tax increase is reflective of increased tourism Franchise Fees 856,000 639,095 (216,905) -25%Revenues are not linear License & Permits 506,063 850,020 343,958 68% Plan check fees have increased due to changes in business license billing methods; non-linear Fines, Forfeits & Penalties 80,600 82,100 1,500 2% Interest and Rents 172,494 252,536 80,042 46% Increase is due to a new agreement for cell tower leases, and a digital sign incentive payment Intergovernmental 1,450,865 1,661,149 210,284 14%Increase in State Motor Vehicle in Lieu, consistent with property tax receipts Charges for Services 219,775 457,541 237,766 108% Increase in fee-driven development activity. Other Income/Donations 50,000 972,072 922,072 1844%Sold Stadium Land property $503K & Redwood Equities Incentive $300K Community Services Income 784,770 758,538 (26,232) -3% Total General Fund Revenue 11,587,737$ 14,282,654$ 2,694,917$ 23% 2 City of Rohnert Park Expenditure Summary Report For Six Months Ending December 31, 2013 6 months 6 Months Adopted Ending % Budget 12/31/2013 Difference + / - Major Funds: General 12,928,100$ 12,138,104$ (789,996)$ -6% Water 3,965,131 3,278,139 (686,992) -17% Sewer 6,825,546 6,216,719 (608,827) -9% Total Major Operating Funds 23,718,777$ 21,632,962$ (2,085,815)$ -9% General Fund Variance from prior year explanations: City Council 55,258$ 63,263$ 8,005$ 14%Increase due to non-linear expenditures City Manager's Office 390,805 328,758 (62,047) -16%Decrease attributed to a vacant position Economic Development 86,980 21,861 (65,119) -75%Decrease due to the reallocation of staff time to the Successor Agency Finance 288,692 274,980 (13,712) -5% Information Technology - - - Information Technology is accounted for in internal service fund City Attorney Office 212,575 197,450 (15,125) -7% Development Services 434,295 543,330 109,035 25% Development Services increased due to a shift in "billable" hours to "non-billable" projects (e.g. TRAKit, the online permit system) Human Resources 198,429 156,816 (41,613) -21%Decrease attributed to vacancies Rent Appeals Board - - - The Rent Appeals Board is now accounted for in a special revenue fund City Office Building 94,047 94,190 143 0% City Office Annex 9,750 9,539 (211) -2% Fees & Debt Service (Non Dpt)255,576 14,164 (241,412) -94%Expenditures in this account are non-linear Retirees Medical 857,627 869,441 11,815 1% Public Safety - Police & Fire 7,604,560 6,925,287 (679,273) -9%Decrease attributed to vacancies Animal Shelter 225,554 224,843 (711) 0% Public Works 1,032,190 1,024,595 (7,595) -1% Community Services 1,181,764 1,389,589 207,825 18%Expenditures are non-linear Total General Fund Expenditures 12,928,100$ 12,138,104$ (789,996)$ -6% ITEM NO. 6.B 1 Meeting Date: February 25th, 2014 Department: Finance Submitted By: Mark Walsh, Interim Finance Director Prepared By: Mark Walsh, Interim Finance Director and Ana Kwong, Accounting Supervisor Agenda Title: FY 2013-14 Mid-Year Financial Review: FY 2013-14 General Fund Budget Amendment Requests RECOMMENDED ACTION: Staff recommends that the City Council of the City of Rohnert Park amend the FY 13-14 adopted operating budget, by resolution, and authorize the Finance Director to record changes in anticipated revenues and appropriations for expenditures as listed in the attachment. BACKGROUND: The City Council adopted the FY 13-14 budget on June 25th, 2013. The Finance Department has prepared a mid-year revenue projection for the general fund’s most significant revenue categories. We also considered and recommend adjustments to departments’ revenue and expenditure accounts based on analysis performed in concert with the City Manager and operating departments. Increases in anticipated revenues do not require formal City Council action, but they are recommended in order to provide a clearer picture of updated financial expectations, and to provide a more valid benchmark from which to measure end-of-year final results. Revenue increases that support increased service level expenditure are also recommended to be recorded to keep an accurate picture of the City’s intention to not increase general fund net costs. Total appropriations, the legal authority to spend, can only be increased by formal action of the City Council. We recommend appropriations increases, as indicated in the attached documents, primarily based on the projection for increased revenues. ANALYSIS: We analyzed the general fund’s major revenue categories, and recommend adjustments as indicated. The categories analyzed make up 76% of the total budgeted revenue for FY 13-14. We used information from outside experts to project property and sales taxes. The Sonoma County Auditor-Controller’s Office helped with property taxes; and Muni-Services was consulted for sales taxes. The table below reflects the results of the analysis, and recommended adjustments to revenue accounts. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.B 2 Account Name Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Property Tax Decrease Revenue 3,365,640 (167,041) 3,198,599 Based on County projection 2 Property Transfer Tax Increase Revenue 75,000 55,000 130,000 Based on current year collections 3 General Sales Tax Increase Revenue 4,656,998 437,150 5,094,148 Based on MuniServices projection on current market 4 Sales Tax in lieu Increase Revenue 1,667,386 86,355 1,753,741 Based on MuniServices projection on current market 5 Measure E Increase Revenue 3,169,317 301,183 3,470,500 Based on MuniServices projection on current market 6 Transient Occupancy Tax (TOT)Increase Revenue 2,000,000 530,000 2,530,000 Based on current year collections 7 Property Tax in lieu of VLF Increase Revenue 2,600,000 129,406 2,729,406 Based on County projection 8 Cost Recovery - Planning Increase Revenue - 25,700 25,700 Administrative fees collection 9 Cost Recovery - Engineering Increase Revenue - 41,500 41,500 Administrative fees collection 10 Engineering Fees Increase Revenue 110,000 120,000 230,000 Increase in development projects 11 Gold Ridge - Contract Classes Increase Revenue 20,000 66,000 86,000 new contract 12 Gold Ridge - Rental Increase Revenue 2,000 12,000 14,000 new tenants Total Budget Amendment Request 17,666,341 1,637,253 19,303,594  Receipts through the County of Sonoma’s Auditor-Controller’s Office, including property taxes, sales taxes in lieu, and property taxes in lieu of vehicle license fees, are now estimated to generate $7,681,746, which is $48,720 over the adopted budget of $7,633,026 for those sources.  Transient Occupancy Tax (TOT) collections are projected to total $2,530,000, which is $530,000 higher than the $2,000,000 budgeted. TOT was budgeted conservatively, because some of the prior year’s growth was attributed to the construction of the casino. We will have a better understanding of the ongoing impact on TOT as we review collections for months that are further away from the November 2013 opening date of the casino.  Measure E sales tax is projected to exceed estimates by $309,683, and bring in $3,479,000 compared to the budgeted amount of $3,169,317. General sales tax is now estimated to bring in $5,094,148, which is $437,150 more than the $4,656,998 budgeted.  Other increases relate to revenue-driven activity, such as what occurs in the Development Services and Gold Ridge budgets. Recommended increases in appropriations for expenditure and net operating transfers out total $836,196. The expenditure increases include accounting-type adjustments such as recording a $300,000 expenditure for the Sonoma Mountain Village fire truck in FY 13-14, although the donation to buy the truck was received in FY 12-13; and an operating transfer to pre-fund retiree medical costs as previously directed by the City Council ($300,000). Some budget amendments are necessary to accommodate minor changes; and some amendments move appropriations between line-item categories, but don’t increase costs, like moving $100,000 from Public Safety salaries to overtime to account for the effect of vacant positions. Summary: Recommended revenue increases of $1,637,253 are offset by increased appropriations ($536,196) and transfers out ($300,000) to account for the recommended change. Expected collections in ongoing revenues reflect an economic recovery. ITEM NO. 6.B 3 General fund expenditures are tracking budgeted amounts, with 48% expended through December. Appropriations changes are recommended to accommodate the accounting for a fire truck purchase ($300,000) and retiree medical prefunding ($300,000); to provide support for fee- driven activity; make line-item adjustments; and accommodate changes in Public Works in recognition of increased replacement needs and the opportunity to acquire used equipment to avoid a higher expenditure in the following year. Department Head Approval Date: 2/19/2014 City Manager Approval Date: 2/19/2014 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. General Fund Budget Amendments - Revenues 2. General Fund Budget Amendments - Expenditures 3. General Fund Budget Summary – With Proposed Amendments 4. Resolution City of Rohnert Park FY13/14 General Fund Budget Amendments Revenues Account Name Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Property Tax Decrease Revenue 3,365,640 (167,041) 3,198,599 Based on County projection 2 Property Transfer Tax Increase Revenue 75,000 55,000 130,000 Based on current year collections 3 General Sales Tax Increase Revenue 4,656,998 437,150 5,094,148 Based on MuniServices projection on current market 4 Sales Tax in lieu Increase Revenue 1,667,386 86,355 1,753,741 Based on MuniServices projection on current market 5 Measure E Increase Revenue 3,169,317 301,183 3,470,500 Based on MuniServices projection on current market 6 Transient Occupancy Tax (TOT)Increase Revenue 2,000,000 530,000 2,530,000 Based on current year collections 7 Property Tax in lieu of VLF Increase Revenue 2,600,000 129,406 2,729,406 Based on County projection 8 Cost Recovery - Planning Increase Revenue - 25,700 25,700 Administrative fees collection 9 Cost Recovery - Engineering Increase Revenue - 41,500 41,500 Administrative fees collection 10 Engineering Fees Increase Revenue 110,000 120,000 230,000 Increase in development projects 11 Gold Ridge - Contract Classes Increase Revenue 20,000 66,000 86,000 new contract 12 Gold Ridge - Rental Increase Revenue 2,000 12,000 14,000 new tenants Total Budget Amendment Request 17,666,341 1,637,253 19,303,594 City of Rohnert Park FY13/14 General Fund Budget Amendments Expenditures Administration - City Manager's Office City Manager Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Contractual Services 1200 6101 Increase Appropriation 56,375 58,000 114,375 $46K requested for Lew Edwards Group Measure A cost $12K requested for Management Partner consultant cost 2 Election Expense 1200 6930 Increase Appropriation 25,000 70,000 95,000 Election cost for Measure A Extension 3 Special Dept Exp 1200 5210 Decrease Appropriation 20,300 (3,700) 16,600 120 hours of PT labor cost for record retention project 4 Part-Time Salaries 1200 4201 Increase Appropriation - 3,700 3,700 120 hours of PT labor cost for record retention project 5 Salary Adjustment 1250 4985 Decrease Appropriation 148,700 (26,000) 122,700 Move 2 months ED Manager salary to DS Engineer position Total Budget Amendment Request – CM Office 250,375 102,000 352,375 Human Resources Human Resources Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Part-Time Salaries 1700 4201 Increase Appropriation 16,000 29,000 45,000 Backfill for vacant HR Analyst position 2 Cell Phone 1700 5231 Increase Appropriation - 500 500 5 months remaining for cell phone cost for HR Director position 3 Special Dept Supplies 1700 5210 Increase Appropriation - 1,110 1,110 Various supplies needed for HR dept 4 Auto Allowance 1700 5272 Decrease Appropriation 4,320 (2,495) 1,825 5 months remaining for auto allowance cost for HR Director position 5 Recruitment 1700 6210 Increase Appropriation - 3,900 3,900 Anticipated recruitment cost for HR Analyst 6 Contractual Services 1700 6101 Increase Appropriation - 60,000 60,000 Backfill for vacant HR Director 7 Salary Adjustment 1700 4985 Decrease Appropriation 339,375 (133,873) 205,502 Total salaries savings from vacant positions Total Budget Amendment Request – HR 359,695 (41,858) 317,837 Finance Finance Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Contractual Services 1300 6101 Increase Appropriation - 35,200 35,200 Backfill for vacant FD and additional help with projects 2 Salary Adjustments 1300 4985 Decrease Appropriation 450,305 (35,200) 415,105 Salary savings from FD vacancy 3 Travels & Meetings 1300 6600 Increase Appropriation 275 725 1,000 Various City function attendance 4 Auto Allowance 1300 5272 Decrease Appropriation 8,835 (6,335) 2,500 Correct auto allowance budget due to staff allocation Total Budget Amendment Request – Finance 459,415 (5,610) 453,805 1 City of Rohnert Park FY13/14 General Fund Budget Amendments Expenditures Development Services Development Services Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Overtime Salaries 1600 4401 Increase Appropriation 4,115 15,350 19,465 Increase workload demands from originally planned projects 2 Cost Reimbursement 1600 4999 Decrease Appropriation (520,000) 70,000 (450,000) Staff hours being shifted from billable to non-billable projects 3 Contractual Services 1600 6101 Increase Appropriation 59,494 55,420 114,914 Additional plan check consulting contract for building permits issues 4 Travel & Meetings 1600 6600 Increase Appropriation 700 860 1,560 Offsite TRAKit training for permit system implementation 5 Salary Adjustment 1600 4985 Increase Appropriation 1,090,003 26,000 1,116,003 Move 2 months ED Manager salary to DS Engineer position Total Budget Amendment Request – DS 634,312 167,630 801,942 Note: Cost recovery and engineering fee revenue budget is increased by $187,200. Public Safety Public Safety Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Salary Adjustment 2100 4985 Decrease Appropriation 12,209,283 (100,000) 12,109,283 Salary savings to backfill overtime increase 2 Over-Time Salaries 2100 4101 Increase Appropriation 760,000 100,000 860,000 Increase in OT caused by vacancies; offset with salary savings 3 C/O - Vehicle 2300 9610 Increase Appropriation - 300,000 300,000 Purchase of fire engine funded by Sonoma Mountain Village Total Budget Amendment Request – Public Safety 12,969,283 300,000 13,269,283 Note: The fire engine was financed by a FY 12-13 donation, and arrived FY 13-14. Public Works - General Services General Services Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Uniforms 3300 5251 Increase Appropriation 1,100 1,050 2,150 Per SEIU side letter to employee MOA (includes cost of jackets) 2 Cell Phones 3300 5231 Increase Appropriation 780 432 1,212 Phones removed from adopted budget, reinstated January 2014 Total Budget Amendment Request – General Services 1,880 1,482 3,362 2 City of Rohnert Park FY13/14 General Fund Budget Amendments Expenditures Public Works - Streets Streets Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Streets/Uniforms 3420 5251 Increase Appropriation 1,860 1,450 3,310 Per SEIU side letter to employee MOA (includes cost of jackets) 2 Streets/C/O Vehicles 3420 9610 Increase Appropriation - 10,000 10,000 Existing 1996 backhoe loader, used for light-duty loading functions, reached end of useful life; 2004 replacement backhoe purchased from Water for $20K; cost split with Parks-4001. 3 Streets/Special Dept. Supplies 3420 5210 Increase Appropriation 67,315 7,000 74,315 $7K requested for street light maintenance (bulb and cobra head replacement); 4 Streets/Vandalism/Losses 3420 6420 Increase Appropriation 25,000 30,000 55,000 Budget amount covers avg. repair/replacement costs for 2 poles. This year, we have experienced 4 times the amount of damages poles from traffic accidents. Some expenses are recoverable. 5 Streets/Cell Phones 3420 5231 Increase Appropriation 420 648 1,068 Phones removed from adopted budget; reinstated January 2014. 6 Streets/Signal Lights 3420 6101 Increase Appropriation 68,889 3,059 71,948 Additional signalized intersections added in FY 13/14. Total Budget Amendment Request - Streets 163,484 52,157 215,641 Public Works - Parks Parks Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Parks/Uniforms 4001 5251 Increase Appropriation 1,560 2,000 3,560 Per SEIU side letter to employee MOA (includes cost of jackets) 2 Parks/Maintenance/C/O Vehicles 4001 9610 Increase Appropriation 21,100 10,000 31,100 Existing 1996 backhoe loader, used for light-duty loading functions, reached end of useful life; 2004 replacement backhoe purchased from Water for $20K; cost split with Streets-3420. 3 Parks/Cell Phones 4001 5231 Increase Appropriation - 648 648 Phones removed from adopted budget; reinstated January 2014. Total Budget Amendment Request – Parks 22,660 12,648 35,308 Community Services - Gold Ridge Gold Ridge Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Contractual Services 5400 6101 Increase Appropriation 11,000 63,000 74,000 Related revenue account is increased by $66,000. Total Budget Amendment Request – Gold Ridge 11,000 63,000 74,000 Others Other General Fund Acct #Object Code Action to be Taken Current Budget Change +/-Revised Budget Justification/Comments 1 Retiree Medical 1910 49xx Decrease Appropriation 1,715,253 (115,253) 1,600,000 Reduction based on actuarial study 2 Transfer-out 0000 8100 Increase Appropriation 392,151 300,000 692,151 OPEB Pre-funding Total Budget Amendment Request – Others 2,107,404 184,747 2,292,151 Grand Total 836,196 3 GENERAL FUND - (WITH PROPOSED AMENDEDMENTS) 2013-14 2013-14 $INC/(DEC) 2012-13 ADOPTED PROPOSED FROM ACTUAL BUDGET AMENDMENT ADOPTED REVENUE Property Taxes 2,996,980$ 3,365,640$ 3,198,599$ (167,041)$ Real Property Transfer 126,804 75,000 130,000 55,000 Sales & Use Tax 6,266,360 6,324,384 6,847,889 523,505 Measure E 3,289,495 3,169,317 3,470,500 301,183 Transient Occupancy Tax 2,202,885 2,000,000 2,530,000 530,000 Franchise fees 1,682,427 1,712,000 1,712,000 - Licenses and Permits 1,161,006 1,012,125 1,012,125 - Fines & Forfeitures 200,266 161,200 161,200 - Interest and Rents 337,801 344,988 344,988 - Intergovernmental 3,134,389 2,901,730 3,031,136 129,406 Charges for Current Services 653,114 439,550 626,750 187,200 Community Services Fees 1,519,666 1,569,540 1,647,540 78,000 Other Income 1,395,347 100,000 100,000 - TOTAL REVENUE 24,966,540$ 23,175,474$ 24,812,727$ 1,637,253 EXPENSE Administration 1,582,520$ 1,888,093$ 1,948,235$ 60,142$ Finance 482,200 577,383 571,773 (5,610) Information Technology 662,420 - - - Development Services 788,683 868,590 1,036,220 167,630 Rent Appeals Board 74,228 - - - Public Safety - Police & Fire 13,781,812 15,209,119 15,509,119 300,000 Animal Services 431,222 451,108 451,108 - Public Works 2,046,812 2,064,380 2,130,667 66,287 Community Services 2,223,016 2,363,528 2,426,528 63,000 Retiree Medical 1,509,135 1,715,253 1,600,000 (115,253) Fees & Debt Service (Non Departmental)500,733 326,594 326,594 - TOTAL EXPENSE 24,082,781$ 25,464,048$ 26,000,244$ 536,196$ Transfer In from Other Funds 1,038,718$ 1,285,000$ 1,285,000$ -$ Transfers Out to Other Funds (563,589) (392,151) (692,151) (300,000) TOTAL TRANSFERS 475,129$ 892,849$ 592,849$ (300,000)$ NET CHANGE IN FUND BALANCE 1,358,888$ (1,395,725)$ (594,668)$ 801,057$ RESOLUTION NO. 2014-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE BUDGET ADJUSTMENTS FOR FISCAL YEAR 2013/2014 WHEREAS, the City of Rohnert Park on June 25th, 2013, adopted the budget for fiscal year 13/14; and WHEREAS, the City of Rohnert Park has prepared a mid-year revenue projection for the general fund’s most significant revenue categories based on experiencing in various adjustments to changing conditions since the budget was adopted and needs to amend the budget to reflect these adjustments; and WHEREAS, the City of Rohnert Park has recommended increases in appropriations for expenditures, net operating transfers out; including but not limited to accounting-type adjustments; and some budget amendments are necessary to accommodate minor changes; and some amendments move appropriations between line-items categories, but don’t increase costs; and WHEREAS, the City of Rohnert Park General Fund expenditures are tracking budgeted amount, with 48% expended through December and appropriations changes are recommended to accommodate the accounting adjustments; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park that it adopts the fiscal year 13/14 General Fund Operating Budget Amendments as indicated in the attached document, “General Fund – With Proposed Amendments” a copy of which is attached as Exhibit A. DULY AND REGULARLY ADOPTED this 25th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ JoAnne Buergler, City Clerk Attachments: 2013/14 General Fund – With Proposed Amendments BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU:_________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Casino Mitigation Fund Mid-Year Financial Update 1 Report Timeframe •Data in this report is through the Month of December. •This report is the first financial update that includes the casino opening of November 5th. 2 Contributions •Contributions are from the following funding sources in the 2013 MOU with Graton Rancheria: 1.Development Fee Contribution Prior to Opening; 2.Law Enforcement Contribution Prior to Opening. •These contributions will cover mitigation efforts until the recurring contributions initiate in June. 3 4 Contributions •Total budgeted contributions received through December are $2,944,000. •This includes a $30,000 advance from Sonoma County for a fire services agreement during the initial opening of the casino. $250,000 $2,664,000 0%10%20%30%40%50%60%70%80%90%100% Law Enforcement (Sec. 2.2) One-Time Development Fees (Sec. 2.1) Percentage of Annual Budget Received Contribution Areas Graton Mitigation Fund Performance –Contributions Through December Current Actual Annual Budget $2,664,000 $500,000 5 Expenditures •Expenditures are at 46% of the combined total annual expenditures. •Most of the specific line-items are well under their annual amounts. •Line-items that are approaching annual programmed levels include: –Engineering Experts; –Advertising; –Street Maintenance Transfer-Out. 6 7 $709,690 $133,940 $220,349 $342,304 0%10%20%30%40%50%60%70%80%90%100% Transfers Materials, Supplies, and Equipment Outside Professionals Salaries and Benefits Percentage of Annual Budget Expended Expenditure Areas Graton Mitigation Fund Performance Through December Current Actual Annual Budget $392,000 $348,600 $1,066,000 $1,257,400 Salaries and Benefits •Dedicated Staff: –Public Safety Traffic Officer –Public Safety Traffic Sergeant –Senior Analyst •Non-Dedicated Staff Time: –Significant staff time in the following areas: •Casino Mitigation Task Force planning •Casino opening •Casino Mitigation Contribution Plan development 8 Outside Professionals •Engineering Experts – Traffic signal coordination and street signs. •Planning Professionals –Objectionable business ordinances. •Legal Professionals –Legal review of ordinances and other casino matters. 9 Materials, Supplies, and Equipment •Public Safety motorcycle •CHP contract •Casino traffic signs •Traffic management plans •City entrance beautification 10 Transfers •Rohnert Park Expressway improvements and striping. •Offsetting lost revenue. •Reserve transfer. 11 Questions 12 ITEM NO. 6.C 1 Meeting Date: February 25, 2014 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Bryce Atkins, Senior Analyst Agenda Title: FY 2013-14 Mid-Year Financial Review: Graton Mitigation Program Budget Mid-Year Update RECOMMENDED ACTION: This is an informational item. BACKGROUND: A Memorandum of Understanding (MOU) between the Federated Indians of Graton Rancheria (Tribe) and the City of Rohnert Park (City) was created and entered into in order to mitigate the impacts of the casino on our community. In this MOU, provisions are made for payments to the City by the Tribe in order to mitigate potential impacts of the casino’s presence adjacent to the City. The City only receives two portions of the total contributions until June of 2014; these funds are outlined in Section 2.1 and 2.2 of the MOU, Non-Recurring Development Fee Contribution Prior to Opening and Law Enforcement Contribution Before Opening, respectively. The attached report in presentation format is an update from the report previously issued in November, and encompasses the period including the casino opening of November 5, 2013, from July 1st through December 31st, 2013. ANALYSIS: Contributions This past quarter, the City received no additional contributions from either funding sections under the MOU. This is not a surprise, as the last report contained both the first and second installments, due to it being 4 months of data. As such, the contributions budgeted for this fiscal year are still as planned. Through December, the City has received $2,664,000 for general mitigation, and $250,000 for law enforcement mitigation. The City anticipated having these funds within the reporting period of the first 6 months, so the contributions are being received in the proper amounts and time. Additionally, the City received a $30,000 advance from Sonoma County for fire services provided per a separate agreement entered into by the City. These are essentially pass-through funds, as any unused portion for the additional work associated with the fire services during the initial opening must be returned to the County. The contributions received by the City total $2,944,000 through the month of December. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.C 2 Expenditures The City’s expenditures through December total $1,406,283. With the annual planned total expenditures, transfers, and reserves totaling $3,064,000 planned for this year, total expenditures are less than 46% of planned expenditures. These expenditures were anticipated for this report, and large expenditure areas are as follows: • $341,144 in salaries and benefits for dedicated personnel, as well as non- dedicated staff time. This is the largest item over the period; • $273,200 transferred out to reserves; • $250,500 transferred out to offset lost revenue; • $185,990 for the Rohnert Park Expressway Slurry Seal and Striping Project; • $127,760 for engineering experts relating to signal coordination and traffic improvements; • $92,589 for continuing work on business moratoria and ordinance revisions, as well as legal review; • $11,422 for City entrance beautification; • $7,404 for changeable message signs during the opening month of the casino; • $5,149 for litter removal by the California Conservation Corps. These account for the vast majority of the period expenses, along with other smaller costs in keeping with contracted services and other minor expense items. There are three line-items that are showing close to annual expenditure levels, Engineering Experts, Advertising, and Transfer Out – Street Maintenance. For the Engineering Experts line- item, there is an item on this agenda that seeks to complete the work of this line item, and involves some transfers between savings in some line-items to cover the anticipated deficits that it would generate. Advertising is also highly used. Although there are no definitive expenses known, there will possibly be more noticing needed for the ordinance work. If this becomes more than the line- item has allotted funds for, then similar movement of savings will be made to address that potential deficit as well. The slurry seal project on Rohnert Park Expressway is complete, which is the reason why the Street Maintenance line-item expenditure is close to the annual amount. The savings from this project may be used to augment other line-items that are approaching their annual amount. Productivity For the funds expended in this report, most of the work was continuation of work initiated in the previous report. Below is a listing of what has been achieved with the funds expended. Some of these items are still in progress. 1. Hiring of 3 dedicated staff members (1 Public Safety Sergeant, 1 Public Safety Traffic Officer, and 1 Senior Analyst); 2. Non-dedicated staff time spent on the projects and work below; 3. Rohnert Park Expressway slurry seal; ITEM NO. 6.C 3 4. Traffic congestion planning; 5. Signal coordination and street striping; 6. Traffic signs; 7. “No Casino Parking” business sign program; 8. Public safety motorcycle and equipment; 9. Contract for additional patrols by the California Highway Patrol; 10. City entrance beautification; and 11. Planning and legal work on objectionable businesses moratoria and ordinance revisions. Conclusion Overall, the City has received 95% of the planned annual revenues, and spent 46% of the planned annual expenditures. The mitigation fund is performing on-target. With that being said, staff will continue to monitor all of the expenditures, and provide extra oversight of the line-items that have seen higher expenditures. A performance report tied to the program budget is attached, as well as the slides for the presentation being made during the agenda item. OPTIONS CONSIDERED: Not applicable. FISCAL IMPACT/FUNDING SOURCE: Not applicable. Department Head Approval Date: N/A City Manager Approval Date: 2/18/2014 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Casino Mitigation Fund Performance Report. 2. Presentation slides. Casino Mitigation Fund Performance Report Mid-Year Update Program Budget Casino Mitigation FY 2013-14 Contributions Program Funding Through December % Received Casino Mitigation Funds - One-Time Development Fees (Sec. 2.1)1 2,664,000$ 2,664,000$ 100.00% Casino Mitigation Funds - Law Enforcement (Sec. 2.2)500,000$ 250,000$ 50.00% Casino Opening Fire Services Contract - Sonoma County -$ 30,000$ 100.00% FY 2012-13 Expenses2 (100,000)$ -$ 0.00% Total Contributions 3,064,000$ 2,944,000$ 96.08% Labor Expenses % Used Salary/Benefits - Dedicated Positions 550,000$ 245,458$ 44.63% Part Time Salaries 10,000$ -$ 0.00% Staff Time & Overtime - Non-dedicated Positions 506,000$ 95,686$ 18.91% Total Salaries & Benefits 1,066,000$ 341,144$ 32.00% Other Expenses City Attorney Zoning Issues 160,000$ 60,837$ 38.02% Outside Professionals Planning Experts - Zoning Issues 60,000$ 31,752$ 52.92% Engineering Experts - Traffic, Signals, Striping, Signs 152,000$ 127,760$ 84.05% Other - Communication, Security 20,000$ -$ 0.00% Contractors 50,000$ 4,041$ 8.08% Utilities 5,000$ -$ 0.00% Office Supplies 4,100$ 2,561$ 62.46% Communication 2,500$ -$ 0.00% Postage 4,000$ 232$ 5.80% Printing 8,000$ -$ 0.00% Training 20,000$ 1,249$ 6.25% Advertising 10,000$ 7,272$ 3 72.72% Travel, Conferences, Meetings 5,000$ 71$ 1.42% Program Supplies 50,000$ 16,409$ 32.82% Equipment 40,000$ 19,120$ 47.80% Contingency 150,000$ 84,146$ 56.10% Total Other Expenses 740,600$ 355,449$ 47.99% Total Expenses 1,806,600$ 696,593$ 38.56% Surplus/(Deficit) by Program 1,257,400$ 2,247,407$ Transfer Out - Offsetting Lost Revenue 501,000$ 250,500$ 50.00% Transfer Out - Street Maintenance 210,000$ 185,990$ 88.57% Reserves 546,400$ 273,200$ 50.00% Total Expenses, Transfers, and Reserves 3,064,000$ 1,406,283$ 45.90% Program Balance 0$ 1,537,717$ Notes: 1 Contributions actually received in FY 2012-13. Shown here for clarity. 2 Estimated year end actual expenses incurred in FY2012-13. Shown here for clarity. 3 This line-item decreased, as some charges in this fund were more appropriately relocated into the Contractors line-item. Casino Mitigation Fund Mid-Year Financial Update 1 Report Timeframe •Data in this report is through the Month of December. •This report is the first financial update that includes the casino opening of November 5th. 2 Contributions •Contributions are from the following funding sources in the 2013 MOU with Graton Rancheria: 1.Development Fee Contribution Prior to Opening; 2.Law Enforcement Contribution Prior to Opening. •These contributions will cover mitigation efforts until the recurring contributions initiate in June. 3 4 Contributions •Total budgeted contributions received through December are $2,944,000. •This includes a $30,000 advance from Sonoma County for a fire services agreement during the initial opening of the casino. $250,000 $2,664,000 0%10%20%30%40%50%60%70%80%90%100% Law Enforcement (Sec. 2.2) One-Time Development Fees (Sec. 2.1) Percentage of Annual Budget Received Contribution Areas Graton Mitigation Fund Performance – Contributions Through December Current Actual Annual Budget $2,664,000 $500,000 5 Expenditures •Expenditures are at 46% of the combined total annual expenditures. •Most of the specific line-items are well under their annual amounts. •Line-items that are approaching annual programmed levels include: –Engineering Experts; –Advertising; –Street Maintenance Transfer-Out. 6 7 $709,690 $133,940 $220,349 $342,304 0%10%20%30%40%50%60%70%80%90%100% Transfers Materials, Supplies, and Equipment Outside Professionals Salaries and Benefits Percentage of Annual Budget Expended Expenditure Areas Graton Mitigation Fund Performance Through December Current Actual Annual Budget $392,000 $348,600 $1,066,000 $1,257,400 Salaries and Benefits •Dedicated Staff: –Public Safety Traffic Officer –Public Safety Traffic Sergeant –Senior Analyst •Non-Dedicated Staff Time: –Significant staff time in the following areas: •Casino Mitigation Task Force planning •Casino opening •Casino Mitigation Contribution Plan development 8 Outside Professionals •Engineering Experts – Traffic signal coordination and street signs. •Planning Professionals – Objectionable business ordinances. •Legal Professionals – Legal review of ordinances and other casino matters. 9 Materials, Supplies, and Equipment •Public Safety motorcycle •CHP contract •Casino traffic signs •Traffic management plans •City entrance beautification 10 Transfers •Rohnert Park Expressway improvements and striping. •Offsetting lost revenue. •Reserve transfer. 11 Questions 12 ITEM NO. 6.D Meeting Date: February 25, 2014 Department: Public Safety Submitted By: Brian Masterson, Director of Public Safety Prepared By: Lt. Mike Bates Presented By: Lt. Jeff Taylor and Technical Services Manager Terri Mazzanti Agenda Title: FY 2013-14 Mid-Year Financial Review: Approval and Authorization of Hiring, Adding to the Budget, and Increasing an Appropriation for a Part Time Technical Advisor - Fire Services RECOMMENDED ACTION: Staff recommends that the City Council take the following action by adoption of Resolution No. 2014-020: 1. Authorize City staff to hire an hourly Part Time Technical Advisor (Non-Safety) to assist with general fire inspections, plan review, special event inspections, technical and specialty duties, and projects on as needed basis; and 2. Approve adding the Part Time Technical Advisor position to the remainder of the 2013/14 budget year and continuing in future fiscal years; and 3. Authorize the Finance Director to increase appropriations in the amount of $12,000 in account number 001-2100-400-4201. The funding source is increase in plan check fees revenue account 001-0000-300-3237 in the amount of $50,000. BACKGROUND: The fire division is, currently, responsible for approximately 1500 annual fire inspections. A large portion of these annual inspections are performed by the on-duty fire crews. The crews have a basic level of general fire safety / code compliance knowledge to complete company level inspections. Any compliance issues or complications are forwarded to the Fire Marshal to be handled at his or her level. Presently all new business, moderate and high hazard, fire alarm, fire sprinkler, suppression system, specialty system, tenant improvement, new construction, and special event inspections are completed by the Fire Marshal. The Fire Marshal also reviews special permits, conducts plan checks and flow tests, handles all aspects of firework sales, and participates in monthly Fire Prevention Officer, and Fire Investigation Task Force meetings/events. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.D 2 In the absence of the Fire Marshal (i.e. vacation, days off, etc.), there is currently no backfill. The Part Time Technical Advisor will be able to fill the void to assist with the duties requiring immediate attention. ANALYSIS: In previous years fire prevention staffing included a Fire Marshal, a Fire Inspector, a Fire Community Service Officer, and a part-time contract plan reviewer. Presently, only the Fire Marshal position remains. Since the reduction in staffing, additional responsibilities have been added to the Fire Marshal position. These include assistance in fire suppression overhead, fire investigation, administrative duties, building management, and special project oversight. With the current and future projects planned throughout the city, an additional resource will be necessary to assist with the increase in plan reviews, fire inspections, special projects, etc. The department has seen a moderate 35% increase in special inspections from 2011, 2012, through 2103. These include fire protection and building plan reviews, as well as new business and construction fire inspections. It appears this trend will continue to increase based on the influx of building permits and new business. OPTIONS CONSIDERED: Assign additional inspections to on duty fire crews. In addition to monthly inspections, the crews are required to handle calls for service, complete daily training and chores, conduct public presentations, and complete assigned projects as well as ancillary duties. Based on the current workload and basic level of training, it is not feasible to place the additional workload on the crews assigned to fire. The emphasis for crews should be on daily training to maintain and/or improve efficiency. FISCAL IMPACT/FUNDING SOURCE: For fiscal year 2013/2014 there’s a moderate increase in our fire and building permits / fire inspection fees. This has increased fire division revenues directly. The 2013/2014 projected revenues for the Fire Division is $200,000. Our 2013/2014 midyear actual revenues are at $184,863. A conservative estimate of 2013/2014 year end revenues is at $250,000. Additionally, we anticipate several large construction projects to be started that will directly increase revenues from plan check fees and inspection permits fees. The increase in revenues would be used to cover the costs of the Part Time Technical Advisor. The prorated cost needed to be appropriated in fiscal year 13/14 is approximately $12,000. The costs for the Technical Services Advisor are based on a maximum of 900 hours annually, at up to $40.00 per hour ($36,000). In absence of projected increase in revenues and/or the workload in the fire division decreases, the Technical Service Advisor would not be scheduled any hours. Department Head Approval Date: February 13, 2014 City Manager Approval Date: February 13, 2014 City Attorney Approval Date: February 20, 2014 Attachments: Resolution RESOLUTION NO. 2014-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING CITY STAFF TO HIRE A PART TIME TECHNICAL ADVISOR POSITION – FIRE DIVISION, APPROVING ADDITION OF THE POSITION IN THE BUDGET AND AUTHORIZING AN INCREASE IN APPROPRIATIONS WHEREAS; the Public Safety Fire Division has seen a moderate increase in new construction projects, tenant improvement projects, new business inspections, requiring additional needed staffing for plan review, and inspections; and WHEREAS, the current staffing of the Fire Division- Fire Prevention is only the Fire Marshal, in which in previous years included an additional PSO, and CSO Inspector, that were eliminated due to budgetary restraints; and WHEREAS, the revenues from new construction, tenant improvements, plan review, inspections, project reviews, and developer fees have increased above the budgeted revenues to supplement the cost of the position; and WHEREAS, staff recommends the hiring of a Part Time Technical Advisor (Non-Safety) to assist with general non–suppression Fire Division related duties, on an as needed basis, at a per hour rate of up to $40.00; with an annual maximum of 900 hours. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby: (1) authorizes City staff to hire a Part Time Technical Advisor, (2) approves adding the position to the remainder of the 2013/14 budget year and continuing in future fiscal years, and (3) authorizes the Finance Director to increase appropriations in the amount of $12,000 in account number 001-2100-400-4201. The funding source is increase in plan check fees revenue account 001-0000-300-3237 in the amount of $50,000. DULY AND REGULARLY ADOPTED this 25th day of February, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Proposed Community Services Facility Fee Schedule 2014 CONSIDERATIONS o Current general fund deficit is $1.9M o Majority of the costs associated with Community Services are facility upkeep and repairs o Cost of maintenance, utilities, supplies keeps rising o California Minimum Wage increases to $9.00 on July 1, 2014 and $10.00 on January 1, 1016 o Pending Federal legislation to increase even higher GOALS FOR DETERMINING FEES o Reduce the operating deficit for facilities o Provide funds for future repairs, equipment and improvements o Negate the State Minimum Wage hike o Maintain affordability to residents o Phase-in of increased fees over the next two years o City’s Cost Allocation Study may affect future fees COMMUNITY CENTERS Includes the Community Center, Burton Ave Rec., Ladybug, Gold Ridge and Senior Center (MU Room) •Proposed change to rental classifications •Modest increases in rates for all facilities •Establish rental rates for Gold Ridge Recreation Center PROPOSED CLASSIFICATION CHANGES CURRENT A.City/School/Resident Youth groups B.Resident Non-profit Groups C.Resident Private and Church Groups D.Non-resident, Non-profit Groups E.Non-resident Private & Church Groups F.Commercial PROPOSED A. Non-profit 501c Groups (consolidated A, B & D) B. Private Resident Groups (C) C. Private Non-resident Groups (E) D. Commercial (F) COMMUNITY CENTERS •Proposed rates based on new classifications •Establish Youth and Adult rental rates for Gold Ridge •Estimated increase in revenue of $10,000 TENNIS COURTS •Increase hourly rental rate for private rental of courts •Offset cost of utilities •Rohnert Park Tennis Club OK with increase •In-line with other park facility rental rates •Increase in revenue of $1250 Callinan Sports & Fitness Center •Establish a Facility Capital Reserve Fund •New revenue placed in a reserve fund •Major future equipment purchases such as regular replacement of cardio and weight equipment •Major building improvements such as HVAC Callinan Sports & Fitness Center •Modest increase in monthly membership rates –$2 increase for Youth, Seniors and Disabled –$3 increase for Adults –$5 increase for Families (up to 6 members) •Annual membership rates increased equally •No proposed increase in Junior memberships ($30/year) •Estimated annual revenue of $55,000 to Reserve Fund (1500 current members) Swimming Pools •$10 increase in cost of swim lessons •Modest increase in cost of private party rentals •No increase in cost of lap swim or rec swim •Increase in staffing costs of $10,000 in FY 14- 15 due to new minimum wage •Estimated revenue of $12,000 to help offset •Will need to revisit fees in FY 15-16 Spreckels Performing Arts Center •Establish a Capital Reserve Fund for Spreckels •Increase of $2.00 for in-house productions •$10,000 additional revenue for reserve Other Proposed Fees •Modest increase in Adult Sports Leagues •Modest increase in summer camp fees •Total fee proposed increases $86,000/year •$55,000 of this transferred to Capital Reserve Fund •$31,000 to offset increases in Minimum Wage and reduce GF deficit Questions/Comments ITEM NO. 7 1 1 Meeting Date: February 25, 2014 Department: Community Services Submitted By: John McArthur, Director Public works and Community Services Prepared By: Guy Miller, Community Services Manager Agenda Title: PROPOSED AMENDMENT TO THE RECREATION FEE SCHEDULE FOR COMMUNITY SERVICES FACILITIES, EVENTS, AND PROGRAMS Discussion and direction regarding proposed Community Facility and Activity Fee Increases and Direction Regarding Amendment of the Community Facility User Fee Schedule RECOMMENDED ACTION: Staff recommends that the City Council directs staff to update and amend the Community Facility User Fee Schedule. The final proposal will be brought back to City Council on March 11, 2014 for public hearing and final approval if the Council so directs. BACKGROUND: The Community Services staff annually evaluates the fees charged for various facilities and programs and makes recommendations for adjustments. The recommendations are based on current market rates and actual costs to deliver services. Annual surveys of other local agencies are done to determine current market rates and trends. We face new fiscal challenges in 2014 with the increase in California’s Minimum Wage Law as well as increased maintenance costs. The State of California Hourly Minimum Wage is set to increase from $8.00 to $9.00 on July 1, 2014 and from $9.00 to $10.00 on January 1, 2016. Approximately 35% of the current Community Services part-time employees are making less than the $9.00/hour minimum wage which goes into effect July 1, 2014. This will have a significant impact on the cost of operating these facilities. This increase in operational costs was considered in this proposal and the fiscal impact of this proposal is outlined later in this report. The proposed 2014 Community Services Fee schedule is attached for the Council’s consideration and review. This schedule details current and recommended program, facility, and event fees and specific justification for adjusting each fee. The Parks and Recreation Commission considered the proposed Fee Schedule at their December 16, 2013 and January 27, 2014 meetings and recommends Council approval. PROPOSAL: Most public recreational facilities are not fully cost-recovering and typically have some sort of impact on the General Fund. The Community Services Department 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 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. 7 2 80% which is very high for public facilities and programs. While many of the direct and indirect operating expenses are recovered, our facilities are aging and are in need of capital repairs and improvements. These growing capital needs were previously identified as unfunded liabilities and were amortized in the Community Services Capital Improvement Program. A significant funding source for this program will need to come from an operating expense transfer to the capital program. Projected capital expenses are also included as a reference to assist in the determination of the best use of the proposed Facility Capital Reserve Fund. The following changes to various Community Facilities are proposed (please see the attached Exhibit A: Proposed Community Services Fee Schedule). Community Center We currently have six different user classifications which determine the fee for facility rentals. These include: A. City/School Resident Youth Groups B. Resident Non-Profit Groups C. Resident Private and Church Groups D. Non-Resident, Non-Profit Groups E. Non-Resident Private and Church Groups F. Commercial Groups With so many different classifications it is often difficult to determine where a particular group falls. Many of the church groups also have non-profit status. National non-profit groups (considered non-resident) can also have local chapters (resident). The existing classifications were often unclear and confusing and the staff often had to pick the “best fit” to determine the proper fee schedule. This led to inconsistencies between groups and from year-to year for repeat renters. Staff contacted some other local jurisdictions and found that none had more than four different classifications. After much research and discussion staff chose to propose a four classification system as follows: A. Non-Profit holding a 501c tax exempt status (former classifications A, B and D) B. Private Rohnert Park Resident (former classification C) C. Private Non-resident (former classification E) D. Commercial (former classification F) These new classifications greatly simplify the fee schedule and eliminates the staff from having to determine the “best fit” for each group. A single private classification was considered (combining B and C) but staff felt it best to maintain a discounted fee for Rohnert Park residents. These new classifications are proposed for the Community Center, Burton Avenue, Ladybug, and Gold Ridge Recreation Centers. A new proposed Fee Schedule (see attached) was created using the above new classifications with the idea of generating new revenue to offset the increased minimum wage and maintenance costs. The proposed new fees are estimated to generate an additional $6500 in annual revenue for the Community Center, $3500 for Burton Ave Rec Center, and $2000 at the Senior Center. No ITEM NO. 7 3 additional revenue is projected for Ladybug because all the user groups renting Ladybug are non- profit. Parks and Tennis Courts Staff is proposing to increase the fee for the use of the tennis courts by local tennis clubs from $1.00 per court/per hour to $2.00 per court/per hour. The proposed fee increase is not intended to fully recover all operating costs. The most significant operation and maintenance cost is lighting. In making this recommendation, staff only considered this direct operating cost. Currently, lighting costs are far greater than court user fees. The proposed fee would result in an annual increase in revenue of $1,200 and would help, but not completely offset operation and maintenance costs. Other growing maintenance concerns are the court surfaces, a funding source will eventually need to be identified to resurface several of the City’s tennis courts. Staff consulted with the local tennis club about the proposed fee increase. The local tennis club had no concerns and felt that even with the proposed increase that the fees were very reasonable. Callinan Sports & Fitness Center Establishment of a Facility Capital Reserve Fund: The Facility Capital Reserve Fund is a newly established process that will be used to plan major capital expenditures for community facilities. Future capital needs include the replacement of the cardio and weight equipment on a regular basis, building upgrades and major mechanical equipment replacement. Projects will be funded through a variety of sources, and funding for high-priority projects will be dedicated on an annual basis through the budget process. Funding sources include the General Fund, transfers from the operating budget (user fees), grants, donations, endowments, debt, and sponsorships. The Community Services Department is proposing a modest across-the-board increase in Sports & Fitness Center membership fees and Performing Arts Center ticket fees to fund the Facility Capital Reserve Fund. Funds generated by this increase in fees would be placed into the Facility Capital Reserve Fund. This will provide a consistent source of revenue for capital repairs and improvements for the Sports & Fitness Center and other community facilities. Staff is proposing modest increases to all membership classifications to establish a revenue source for the Facility Capital Reserve Fund. The increases range from $2.00 per month for teens and seniors to $5.00 per month for family memberships. These membership fee increases are projected to generate approximately $50,000 in new revenue. A portion of this revenue will be used to offset direct operating cost increases with the balance funding the Facility Capital Reserve Fund. The amount dedicated to the fund will be determined during the budget process each year. Swimming Pools The new minimum wage will affect the cost of operating the swimming pools the greatest because those facilities are staffed exclusively by part-time employees. The cost of operating three pools will increase approximately $10,000 due to the increase in minimum wage in the 2014-15 fiscal year and again the following year. It will be difficult to offset this amount through our recreation swim and lap swim programs since we are already at market rate and any increases may reach a point of diminishing returns if attendance drops. The logical area to increase fees is in swim lessons and private rentals. Lessons taught in the private sector are significantly more costly than our public facility lessons and staff believes that there is room to ITEM NO. 7 4 raise fees without incurring a potential loss of participants. Staff recommends a $10 per session increase in the cost of swim lessons. Benicia Pool lessons will remain $10 per session less than Honeybee Pool to stimulate more registrations at that pool. This increase is estimated to generate an additional $12,000 in revenue to offset the minimum wage hike and increased utility costs. The fees for private pool rentals were increased in 2013 but staff recommends an additional increase in these fees in 2014. This will generate an additional $700 annually. Schedule B demonstrates the actual cost of the swimming pool operation and shows that these fees do not exceed the actual cost to deliver this service. Performing Arts Center To fund the proposed Facility Capital Reserve Fund staff is recommending increasing the ticket fees for in-house productions by $2.00 per ticket. Approximately 5,000 tickets are expected to be sold in 2014-15 which will generate an additional $10,000 for the reserve fund. The amount dedicated to the fund will be determined during the budget process each year. Schedule B demonstrates the estimated annual costs to operate the Performing Arts Center, including capital improvement. The proposed fee increase does not exceed the actual cost of operation. OPTIONS CONSIDERED: Local municipalities were polled and their fees evaluated for market rates. 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. Most of the cities polled had not yet considered the effect the new minimum wage will have on their operating budgets. Staff considered these projected increases in evaluating our fees which may put some of our fees above local current market rates. We expect other cities to follow suit once they evaluate the new wage law. FISCAL IMPACT/FUNDING SOURCE: The proposed fees should help increase the Department’s cost recovery rate, partially fund needed facility repairs, and decrease the burden on the City’s General Fund. Staff estimates that the proposals discussed above would increase operating revenue by approximately $86,000/year. Approximately $55,000 of this increase will be transferred to the new Facility Capital Reserve Fund with $31,000 used to offset the increases in operational costs. The 2013-14 and 2014-15 Capital Improvement Plans have identified needed improvements for which the Facility Capital Reserve Fund will be used. The new minimum wage law is estimated to increase our operating costs by $21,000 (10% increase). The $31,000 in new revenue will offset this increased staffing cost as well as some increased maintenance costs. These fees are not 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. ITEM NO. 7 5 ENVIRONMENTAL IMPACT: If the Council directs staff to return with a resolution to adopt the proposed fees, staff has determined that 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: 2/11/2014 City Manager Approval Date: 2/13/2014 City Attorney Approval Date: 2/11/2014 Attachments (list in packet assembly order): 1. Schedule A: Proposed Facility Fee Schedule 2. Schedule B: Fee Increases vs. Cost of Services SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 1 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments CLASSIFICATIONS PROPOSED NEW CLASSIFICATIONS A. City/School/Resident Youth Groups Non Profit (cosolidated 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 All $400.00 B $400.00 1999 C $400.00 1999 D $400.00 1999 E $400.00 1999 F $400.00 1999 Clean-up Fee All $95.00 2010 Hourly Rentals (Mon-Sat)A $45.00 2012 Non-Profit $85.00 $800 B $75.00 2012 Private - Resident $110.00 $4,000 C $95.00 2012 Private - Non-Resident $121.00 $200 D $105.00 2012 Commercial $145.00 $0 E $120.00 2012 F $145.00 2012 Hourly Rentals (Sunday)A $35.00 2012 Non-Profit $60.00 $950 Revised to include M-Th 8a-5p B $57.00 2012 Private - Resident $70.00 $0 C $72.00 2012 Private - Non-Resident $77.00 $0 D $79.00 2012 Commercial $80.00 $0 E $90.00 2012 F $109.00 2012 Kitchen (flat)All $100.00 2007 With rent of MU only Kitchen (hourly)All $15.00 Weekday 8a - 5p only 2nd Facility Attn. (flat)All $30.00 2007 COMMUNITY CENTER LOBBY Flat fee All $100.00 2007 Art Reception (1 hour max)All $20.00 2012 SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 2 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments COMMUNITY CENTER PATIO Hourly Rental ($100 deposit)All $100.00 2007 All $25.00 $150 limit 2hrs, daylight hrs only COMMUNITY CENTER OUTDOOR WEDDING AREA Flate Rate All $200.00 2010 Must reserve the Multi-Use Room also COMMUNITY CENTER PLAZA Application Fee All $10.00 Non-refundable Minor Event All $300.00 See application for event sizes Major Event All $850.00 COMMUNITY CENTER - MEETING ROOM 2 AND LOUNGE Damage Deposit A B $200.00 2007 All $200.00 C D E F $200.00 2007 Clean-up Fee A n/c 1996 All $55.00 B C D E F $55.00 2004 Rental (hourly)A $25.00 2010 Non-Profit $40.00 $30 B $35.00 2002 Private - Resident $45.00 $0 C $45.00 2002 Private - Non-Resident $50.00 $0 D $50.00 2002 Commercial $70.00 $0 E $55.00 2002 F $70.00 2002 COMMUNITY CENTER - MEETING ROOM #2, #3, CRAFTS ROOM #1, GARDEN ROOM OR LOUNGE Damage Deposit All $100.00 2007 Clean-up Fee A n/c 1996 All $40.00 May be waived for some events B C D E F $40.00 2004 Rental A B $25.00 hour 2007 Non-Profit $25.00 $0 Friday, Saturday or Sunday Uses A $10.00 hourly 2010 Non-Profit $15.00 $450 Monday - Thursday B $15.00 hourly 2010 Private - Resident $35.00 $0 C $35.00 2002 Private - Non-Resident $39.00 $0 D $40.00 2002 Commercial $50.00 $0 E $45.00 2002 F $50.00 2002 SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 3 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments COMMUNITY CENTER MEETING ROOM #1 OR CONFERENCE ROOM Damage Deposit A B $25.00 1999 All $25.00 May be waived for some events C D E F $25.00 1996 Rental A B $25.00 hour 2007 Non-Profit $25.00 Friday, Saturday or Sunday Uses A $10.00 hourly 2010 Non-Profit $10.00 Monday - Thursday B $15.00 hourly 2010 Private - Resident $25.00 C $25.00 2002 Private - Non-Resident $28.00 D $30.00 2002 Commercial $35.00 E $35.00 2002 F $45.00 2002 COMMUNITY CENTER MISCELLANEOUS EQUIPMENT Piano (flat per use)All $25.00 1996 Coffee pot - each All $10.00 1996 BURTON AVENUE RECREATION CENTER Damage Deposit A n/c 1996 Non-Profit $400.00 May be waived for some events B C $400.00 1999 PR, PNR, C $400.00 D E F $400.00 1996 Clean-up Fee A $80.00 2007 All $95.00 B C D E F $80.00 2002 Rental (weekend only)A $50.00 2007 Removed Rental (Monday-Thursday, Sunday)A,B,E $10.00 2010 Non-Profit $15.00 $450 Rental (hourly)B $60.00 2007 Non-Profit $65.00 $0 C $70.00 2007 Private - Resident $75.00 $3,000 D $80.00 2007 Private - Non-Resident $83.00 $0 E $90.00 2007 Commercial $110.00 $0 F $110.00 2007 LADYBUG RECREATION BUILDING Damage Deposit A B $50.00 1999 All $50.00 May be waived for some events. C $50.00 1999 D E F $50.00 1999 Rental (flat)A $10.00 2003 Non-Profit $15.00 $0 Flat Rate, 3 hrs. max, ongoing use only Rental (flat)B $15.00 2002 Rental (hourly)C $20.00 1999 Private - Resident $20.00 $0 D $20.00 1999 Private - Non-Resident $25.00 $0 E $25.00 1999 Commercial $30.00 $0 F $30.00 1999 SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 4 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments GOLD RIDGE RECREATION CENTER N/A Resident Youth Group $25.00 Hourly Non-Resident Youth Group $30.00 Resident Adult\Private $60.00 Non-Resdient Adult\Private $66.00 SENIOR CENTER ACTIVITY ROOM (4 hour minimum) Damage Deposit A n/c 1996 All $400.00 May be waived for some events B $400.00 1999 C $400.00 1999 D E F $400.00 1999 Clean-up fee A $95.00 2007 Rental (hourly)A $30.00 2007 Non-Profit $40.00 $300 B $40.00 2007 Private - Resident $65.00 $1,440 C $55.00 2007 Private - Non-Resident $71.00 $0 D $65.00 2007 Commercial $90.00 $20 E $75.00 2007 F $85.00 2007 2nd Facility Attn. (flat)All $25.00 2007 For events after 12 a.m. for groups with 100 or more. SENIOR CENTER DINING ROOM/DROP-IN/SUITE C Damage Deposit A $100.00 2007 All $100.00 May be charged for some events. B C $100.00 2007 D E F $100.00 2007 Clean-up Fee A $50.00 2007 All $50.00 May be charged for some events. B C D E F $50.00 2007 Rental (hourly)A $20.00 2007 Non-Profit $25.00 $100 B $30.00 2007 Private - Resident $35.00 $100 C $45.00 2007 Private - Non-Resident $39.00 $0 D $50.00 2007 Commercial $50.00 $0 E $55.00 2007 F $65.00 2007 SENIOR CENTER KITCHEN Rate per use A $100.00 2007 Flat Rate per use. B $100.00 2007 C $100.00 2007 D E F $100.00 2007 SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 5 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments SENIOR CENTER MISCELLANEOUS EQUIPMENT Coffee urn (100 cup) - each All $20.00 2007 P.A. system/2 microphones All $25.00 2007 SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 6 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments PICNIC AREAS Groups of 20 & under $40.00 2010 Resident fees 21-50 people $50.00 2010 Resident fees 51-100 people $100.00 2010 Resident fees 101-200 people n/a 2010 Plus $100 damage deposit - Resident fee Groups of 20 & under $55.00 2010 Non-resident fees 21-50 people $75.00 2010 Non-resident fees 51-100 people $125.00 2010 Non-resident fees 101-200 people n/a 2010 Plus $100 damage deposit - Non-resident fee GROUP PICNIC AREAS Alicia Park 1-100 people $125.00 2010 Resident fees Alicia Park 101-200 people $150.00 2010 Plus $100 damage deposit - Resident Fees Alicia Park 201-300 people $200.00 2010 Plus $100 damage deposit - Resident Fees Alicia Park 301 or more $250.00 2010 Plus $100 damage deposit - Resident Fees Alicia Park 1-100 people $175.00 2010 Non-resident Fees Alicia Park 101-200 people $200.00 2010 Plus $100 damage deposit - Non-resident Fees Alicia Park 201-300 people $250.00 2010 Plus $100 damage deposit - Non-resident Fees Alicia Park 301 or more $300.00 2010 Plus $100 damage deposit - Non-resident Fees PARK RESERVATIONS Youth Day Camps $25.00 2007 TENNIS COURTS Private rentals $25.00 1999 Per court/per day Tennis Club $1.00 2009 $2.00 $1,250 Per court/per hour SPECIAL EVENT USES Community Center grass $100.00 2010 Park areas other than picnics $150.00 2010 For special events, i.e., weddings, etc. Refund/Change Processing Charge $10.00 2007 SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 7 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments CALLINAN SPORTS & FITNESS CENTER MEMBERSHIPS Teen EFT $14.00 2009 $16.00 $2,800 Ages 14-17 Adult EFT $24.00 2009 $27.00 $24,000 Ages 18 - 59 Senior EFT $14.00 2009 $16.00 $7,000 Ages 60+ Disabled EFT $14.00 2009 $16.00 $2,000 Family EFT $55.00 2009 $60.00 $6,000 Junior Annual $30.00 2009 Teen Annual $168.00 2009 $192.00 $430 Adult Annual $288.00 2009 $324.00 $3,600 SeniorAnnual $168.00 2009 $192.00 $1,900 Disabled Annual $168.00 2009 $192.00 $1,900 Family Annual $660.00 2009 $720.00 $240 Membership Card Fee $3.00 2009 $5.00 $600 DROP-IN General $8.00 2000 18 years and over Volleyball Only $4.00 2007 Teen (gym only)$4.00 2007 Disabled $4.00 2007 MISCELLANEOUS FEES Racquet or Ball Rental $0.50 1995 Monthly Locker Rental w/EFT $4.00 2009 Yearly Locker Rental $48.00 2009 Childcare, per child/per hour $2.00 2009 Resident Card Fee $15.00 2003 ROOM RENTALS Main Gym - Adult Commercial (admission fee charged)$110.00 2012 Hourly Main Gym - Resident Youth Group $25.00 2012 Hourly Main Gym - Non-Resident Youth Group $30.00 2012 Hourly Main Gym - Youth Half Gym Only $15.00 2012 Hourly Activity Room $25.00 2012 Hourly Childcare Room $20.00 2012 Hourly SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 8 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments SWIMMING POOL FEES GENERAL ADMISSION 5 and Under Non-Swimmer Free Accompanied by an adult Adult $5.00 2010 Ages 18 through 59 Youth $4.00 2010 Ages 6 through 17 Senior Citizens $4.00 2010 Age 60 and older Disabled $4.00 2010 Lap Swim $5.00 2010 Family Night $8.00 2010 Per family - limit of 6 Last Hour of Public Swim 1/2 price FAMILY SWIM PASSES Summer $260.00 2010 Up to six family menbers INDIVIDUAL SEASON PASSES Summer $130.00 2010 INDIVIDUAL SEASON PASSES SENIOR/DISABLED Summer $80.00 2010 RESIDENTIAL DAY CARE Summer Season Pass $300.00 2007 Up to 12 children plus supervisors DISCOUNT SWIM PASSES Adult $40.00 2010 10 swims Youth $30.00 2010 10 swims Senior/Disabled $30.00 2010 10 swims SWIM SCHOOL First Two Swimmers (ea.) Honeybee Pool $60.00 2010 $70.00 $8,000 2 week session Additional Swimmers $52.00 2010 $62.00 $2,000 2 week session First Two Swimmers (ea.) Benicia Pool $50.00 2012 $60.00 $1,000 2 week session Additional Swimmers $42.00 2012 $52.00 $200 2 week session Non-residents (additional)$7.00 2000 2 week session PRIVATE LESSONS 1 Student/1 Lesson $25.00 2001 1/2 hour lesson 2 Students/1 Lesson $30.00 2001 1/2 hour lesson SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 9 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments 1 Student/5 Lessons $100.00 2001 110.00 $100 2 Students/5 Lessons $120.00 2001 POOL RENTAL RATES 1-25 Persons 95.00 2012 100.00 $100 Per hour w/staff 26-50 110.00 2012 115.00 $100 Per hour w/staff 51-100 125.00 2012 130.00 $300 Per hour w/staff 101-150 135.00 2012 140.00 $200 Per hour w/staff CITY CENTER PLAZA Application Fee All $10.00 2010 Non-refundable Minor Event All $300.00 2010 See application for event sizes Major Event All $850.00 2010 FARMERS MARKET Application Fee (all pay)$25.00 2010 Certified Farmers 10% of gross 2010 Minimum $5. Not to exceel $30. Plaza Food Vendors $50.00 2010 Per day All other Plaza Vendors $30.00 2010 Per day Non-Profit Organizations $10.00 2010 Per day ROBERTS LAKE BRICK MEMORIAL Per engraved brick $100.00 2010 Actual brick cost is $66 Second Keepsake Brick $50.00 2010 ARTS & MUSIC FESTIVAL Crafts Vendor All $50.00 2010 Food Vendor (multiple offerings)$250.00 2010 Food Vendor (one item offered)$50.00 2010 HOLIDAY CRAFTS FAIRE Vendor booth (2 days)All $100.00 2010 Electrical outlet $20.00 2010 8 foot table $20.00 2010 ADULT SPORTS SOFTBALL All leagues $375.00 2012 $395 6 games + playoffs BASKETBALL SCHEDULE A PROPOSED 2014 COMMUNITY SERVICES FEE SCHEDULE 2/20/2014 10 Program/Facility Classification Current Fee Date of Last Increase Classification Proposed Fee Cash/Year Fiscal Impact Comments All Leagues n/a n/a $480 New program VOLLEYBALL Summer A & B Leagues $235.00 2001 Self-officiated Summer C League $235.00 2001 Officials provided Spring A & B Leagues $235.00 2003 Self-officiated Spring C League $235.00 2001 Officials provided RECREATION PROGRAMS Burton Summer Camp $100 2012 $115 1 week camp Gold Ridge Summer Camp $80 2013 $88 1 week camp SCHEDULE B PROJECTED EXCESS (DEFICIENCY) OF REVENUES FOR COMMUNITY SERVICES FACILITIES UNDER 2014 FEE SCHEDULE Sports Swimming Community Senior Center Pools Centers Center TOTAL REVENUES $494,300 $162,600 $435,040 $71,000 $406,600 TOTAL EXPENDITURES 496,134 392,081 711,124 201,130 563,059 NET OPERATING PROFIT (LOSS)(1,834) (229,481) (276,084) (130,130) (156,459) ANNUAL CAPITAL IMPROVEMENT COSTS* 78,000 18,400 9,800 8,200 21,000 NET OPERATING PROFIT (LOSS) W/CAPITAL IMPROVEMENTS (79,834) (247,881) (285,884) (138,330) (177,459) TOTAL PROPOSED FEE INCREASE 50,000 2,000 10,000 2,000 10,000 OVER (UNDER) EXPENDITURES AFTER FEE INCREASES (29,834)$ (245,881)$ (275,884)$ (136,330)$ (167,459)$ Performing Arts Center *Annual Capital Improvements based on 2012-2013 Capital Improvements Program. Annual costs represent a five to 30 year amortization schedule. Update to Sign Regulations Discussion City Council February 25, 2014 Subject Consider amendments to sign regulations ◦Chapter 17.27 Signs (and 17.04 Definitions) ◦Casino Mitigation Implementation Plan ◦Planning Commission recommends approval Purpose ◦Address new trends ◦Simplify and streamline process ◦Strengthen provisions ◦Create a more legally defensible code Overall changes proposed Sign definitions (section 17.04.030) ◦Added missing terms ◦Good definitions = easy interpretations ◦Good definitions = legal defensibility Purpose statements added (17.27.010) More transparent process (17.27.020 & .030) Improved sign design, maintenance and removal provisions (17.27.080 & .120) Sign Programs (17.27.040) Sign Programs (17.27.040) What are sign programs? ◦Decided by Planning Commission ◦Apply to all project signs ◦No sign program? => standard sign code applies Proposed change ◦Sign program applies to more sites Buildings with 3 or more tenants (versus 4) Building 20,000 sf or larger Site on 2 acres or larger Impact / Benefit ◦Planning Commission will see more sign programs ◦Applicants will have more flexibility Exempt Signs (17.27.050) What does exempt mean? ◦Doesn’t need a sign permit ◦Limits within this section of code apply Proposed Changes ◦Distinguish between a community entry sign and an on-site directional sign ◦City informational signs (replaces “entry sign”) Permits City owned signs at key city entries and locations ◦“On-site” directional signs More directional signs permitted Helps to navigate large sites Hand-held Signs –Prohibit? Definition (17.04) ◦“Hand-held” means a sign that is held by or otherwise mounted on a person. For the purposes of this title, hand-held sign does not include a noncommercial sign Hand-held sign on list of prohibited signs (Section 17.27.060.P.) Limitation would not apply to noncommercial message (e.g. campaign signs, etc.) Planning Commission ◦Decided to not prohibit handheld signs in recommended draft ◦Requested that the City Council discuss Flags Planning Commission concern that flag regs were too restrictive Flags classified as “exempt” but with limits. Proposed new provisions: ◦Allow more than one flag per pole ◦Flags can’t exceed 50% pole height ◦Permit shorter wood pole –12’-0” (metal required if taller) ◦Reference to Federal flag lighting rules ◦Allow small flags in front yards for special occasions (e.g. Boy Scouts) Campaign Signs Not permitted on public property (including street rights-of-way) Permitted on private property: ◦With property owner permission Proposed changes –size limits (none in code now): ◦Size: 6 sf (residential) and 12 sf (nonres) ◦Height: 5 ft (residential) and 8 ft (nonres) Planning Commission ◦Did not want to limit the number of signs per parcel ◦Does Council want to limit number per parcel? Above limits are consistent with neighboring jurisdictions Special Event Signs Non-profit banners 3 locations (4th location no longer exists) ◦Commerce/Golf Course ◦SW corner Redwood/Golf Course Drive West ◦W side of Commerce (near Arlen/101) ◦NE corner E.Cotati/Snyder Planning Commission requested changes. Allow placement: All Rohnert Park based organizations (regardless of activity location) All non-profit organizations holding Rohnert Park event Recommendation Discuss and provide direction to staff Next Steps ◦Revisions as necessary ◦Prepare an ordinance for introduction ◦Hold a public hearing ITEM NO. 8 1 Meeting Date: February 25, 2014 Department: Development Services Submitted By: Marilyn Ponton, Development Services Manager Prepared By: Jeff Beiswenger, Planner III Agenda Title: PROPOSED AMENDMENTS TO THE ROHNERT PARK SIGN REGULATIONS Discussion and direction of proposed amendments to Rohnert Park Municipal Code Sections 17.04 and 17.27 (FILE PL2013-029MC) RECOMMENDED ACTION: Staff requests that the City Council discuss proposed amendments to sign regulations and provide direction to staff. Based on this direction, staff will amend the proposed regulations and prepare an ordinance for consideration at a subsequent meeting. BACKGROUND: Staff has prepared updates to the City’s zoning ordinance regulations related to signs. The updates are part of the Casino Mitigation Implement Plan for Fiscal Year 2013-14. The increased commercial activity expected will result in request for new and replacement signage. The current regulations are outdated and should be updated prior to the expected influx of new commercial activity. The Planning Commission held public hearings and discussed this item on November 14, 2013 and January 23, 2014 and adopted a resolution recommending approval of the signage regulations by the City Council. Regulations relating to signs within the City of Rohnert Park are included within Chapter 17.27 Signs of the Zoning Ordinance (Title 17 of the Municipal Code) and signage definitions are included within Chapter 17.04. These provisions apply to all signs within the City. The purpose of the revisions are to better address new sign types and technologies that have emerged over the past several years, provide more enforceable sign code provisions, create a more user-friendly code that is more readable and easier to understand and interpret. ZONING AMENDMENTS SUMMARY: The following is a summary of the changes that are proposed. Detailed redlines of the chapters are included as Attachments 1 and 2 to this report. 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. 8 2 Sign code definitions (Section 17.04.030) Definitions have been updated to add missing terms, update certain terms and consolidate all definitions into one location. The changes to the definitions will make the code more legally defensible and enable staff to make better informed decisions on how certain regulations apply. Purpose Statements (Section 17.27.010) Purpose statements have been added and they can be helpful in case of a legal challenge and when making findings to support a permit approval or denial. Applicability and General Provisions (Section 17.27.020 and Section 17.27.030) New language clarifies when a sign permit is required and basic requirements that apply to all signs. The new language should create a more user friendly and “transparent” process. Sign permits and sign programs (Section 17.27.040) The proposed language will require a sign program to all non-residential projects with three or more tenants (instead of four) and any commercial building over 20,000 square feet or occupying site that is two or more acres. This will result in more sign program applications heard by the Planning Commission and will also provide applicants with more flexibility. Exempt signs (Section 17.27.050) These signs are exempt from a sign permit, but must still meet the requirements of the sign code. A number of changes have been made to this section: • Provisions for city information signs at key locations within the community. • More directional signs permitted for commercial site. • Flag pole provisions to limit the height of wood flag poles and the number of flags per pole for safety considerations. Federal flag lighting guidelines are included. • Larger identification sign for a live-work business (2 sf versus 1 sf). • Size limits on campaign and election signs consistent with neighboring cities. • Minor changes to special event banner regulations to allow for more non-profit organizations to utilize the posting locations. Prohibited Signs (Section 17.27.060) Items have been added to the list of prohibited signs. Definitions in Chapter 17.04 have been updated to help with enforcement. Signs added include: • More restrictions on vehicle signage. • Signs that could be overly distracting or confusing to drivers has been expanded. • Painted signs and statuary. • Handheld signs with commercial messages (“sign spinners”). General sign area, height, illumination and location standards (Section 17.27.070) Provisions related to sign illumination have been added to limit the hours that a sign can be lighted in the vicinity of a residential district (unless the business is open during those hours). No movement or flashing of the illumination is permitted. ITEM NO. 8 3 Sign Design, materials, construction and maintenance standards (Section 17.27.080) This is a new section that was created in order to consolidate all maintenance and other provisions related to sign code enforcement into a single section. The section will make it easier to find provisions relating to code enforcement. Zoning district sign standards (Section 17.27.090) The section contains development standards organized in a series of tables. The existing tables are complex and difficult to interpret. The proposed changes are minor and are intended to reduce the complexity without radically changing the code requirements. Changes to the table that separate out building mounted versus free-standing signs, result in slightly more sign area permitted and one additional sign permitted per parcel. Special sign type requirements (Section 17.27.100) This section includes provisions that apply to specific sign types. Only a few changes are proposed. Additional limits have been placed on the size of awning signs (e.g. logos, graphics and lettering). This sign is limited to the business name, logo and business type. Removal of signs (Section 17.27.120) This section provides regulations relating to unsafe signs, illegal signs and legal nonconforming signs. This section clarifies when signs are to be removed and provide the City staff with the authority to have signs removed. Appeals (Section 17.27.140) This is a new section that allows for signage determinations to be appealed. The zoning ordinance already has an appeals procedure for similar types of administrative determinations so this section is referenced. This corrects a deficiency under the current code where it is unclear that appeal rights are available. DISCUSSION: Certain topics that merit additional discussion by the City Council are included as follows: Topic: Expand the use of Sign Programs The existing code requires a sign program for commercial development with four or more tenants. The proposed code language expands the number of properties that are required to have a sign program (3 or more tenants, 20,000 sf buildings, 2 acre site). ITEM NO. 8 4 Sign programs benefit the property owner by providing more flexibility that the typical sign regulations. Sign programs also benefit the public by help ensure that projects have a consistent aesthetic. More processing time may be needed, but most shopping center remodels require a Planning Commission hearing for design approvals and sign programs can be combined so that processing time is not increased. Topic: Limit Height and Materials of Flag Poles Staff has proposed limiting the use of wooden flag poles as a public safety issue since they can break in high winds. After discussion, the Planning Commission determined that wooden flag poles should be permitted up to 12 feet in height (metal for taller poles). A limit on the number of flags per pole has been established and a reference to Federal flag light guidelines has been included. Topic: Establish Size Limits on Campaign Signs Size limits have been added to the ordinance to be consistent with neighboring jurisdictions. Staff also proposed placing a limit on the number of election signs per parcel, but the Planning Commission suggests not including this provision (too restrictive). Topic: Expand Eligibility for Special Event Signs The City offers three locations within the city right-of-way for placement of banners by non- profit organizations. Currently only Rohnert Park based organizations are able to use these locations. Planning Commission suggests that this be expanded to allow all non-profits with an event in Rohnert Park to use these locations. Topic: Consider Banning Hand-held Signs Staff proposed placing a limit on hand-held signs (sign twirlers), but Planning Commission was divided on whether to limit this type of activity and decided to not include it in the recommend draft. Negative impacts discussed included driver distraction and public safety. This sign type Figure 1 – Sign Programs provide coordinated design details for all signs within a shopping center ITEM NO. 8 5 can have a positive impact on businesses by helping to direct customer traffic. If the City Council chooses to regulate “hand-held signs,” this sign type could be included on the list of prohibited signs. Hand-held signs are considered off-site advertising which is prohibited by the Code. Even if added to the list of prohibited signs, this would be difficult to enforce, as “spinners” pop up at intermittent times. Discussion Staff recommends that the City Council discuss the above items and provide direction. Based on this direction, a revised draft ordinance to update the sign regulations will be prepared. ENVIRONMENTAL DETERMINATION: An Initial Study and a Negative Declaration have been prepared in accordance with the provisions of the CEQA Guidelines. This was available for public review prior to the first Planning Commission hearing as required. When the ordinance comes before the City Council for possible adoption, the Negative Declaration will be submitted for consideration. OPTIONS CONSIDERED: Staff considered making no change to the Sign Ordinance. That option would not achieve the goal of modernizing, streamlining and reorganizing the regulations to make them more usable. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this project is staff time and legal counsel review costs related to the preparation of signage regulations. The project is funded with the casino mitigation monies as planned in the mitigation program budget. NEXT STEPS: Staff is seeking City Council direction on the proposed amendments to sign regulations as recommended by the Planning Commission. With City Council direction, staff will amend the regulations accordingly and prepare and ordinance for a public hearing and possible approval by the City Council. Department Head Approval Date: 2/12/2014 City Manager Approval Date: 2/13/2014 City Attorney Approval Date: 2/11/2014 Attachments (list in packet assembly order): 1. Zoning Ordinance Amendments Chapter 17.04 2. Zoning Ordinance Amendment Chapter 17.27 3. PowerPoint Presentation 1 Sign Code Definitions 17.04.030 Definitions of words and terms. [All of the existing text after the definition for “Setback” and prior to the definition for “Single family residential will be replaced by the following. This update will not include any other changes in Chapter 17.04] "Sign" means a device, display, figure, message, placard or structure, including its component parts, situated indoors or outdoors, which is constructed, designed, intended or used to advertise or otherwise attract or direct attention, provide information, to a business, event or location, institution, person, product or service, or promotes the interests of any person, by any means including, but not limited to:, color, design, figures, illumination, letters, projected images or words., and is visible from any public street, road, highway, right-of-way, or parking area. Signage terminology used in this code includes the following: 1. "Abandoned" means any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on premises where the sign is displayed. 2. "Address" means a sign identifying the position of a land use in relationship to a public or private street. 3. "Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign. 4. Area. See "Sign area." 5. "Attention attracting device" means animated or moving signs, including signs held by mechanical mannequin or other devices, balloons, banners, beacons, blinking or traveling lights, flashing messages, inflatable signs (and figures), pennants, search lights, spinners and streamers, but excluding approved temporary banners, time/temperature devicesanddevices, and electronic message boards. 5.6."Awning" means a sign attached to a roof-like projection from the wall of a building that serves to shield a doorway or window from the weather and is often constructed of weather resistant fabric. 6.7.Banner. See "Flags, banners or pennants." 7.8."Campaign" means a temporary sign that is designed for the purpose of advertising to support the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of or opposition to a candidate or proposition for afrom public election or a sign expressing political, religiousoffice at any national, state, or other ideological sentiment that does not advertise a product or servicelocal election. 2 8.9."City entry" means a public sign located at specific entry points to the city of Rohnert Park. 9.10. "Commemorative" means a sign which commemorates the historical status and/or date of erection. 11. Commercial message" means any wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. 12. “Commercial” means any sign with a commercial message. 13. “Construction” means a sign that identifies the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. 10.14. "Copy" means words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. 11.15. "Directional" means a sign that has been designed and erected for the sole purpose of directing vehicular and/or pedestrian traffic within a project, e.g., restroom, security office, entrance/exit and telephones. 12.16. "Directory" means a sign that lists tenants of a multiple tenant building or center. 13.17. "Double-faced" means a sign which has back to back sign copy where the angle between the two faces does not exceed thirty degrees. 14.18. "Edge of roof" means on a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three feet above the roof deck, whichever is less. 15.19. "Electronic message center" means a sign with a fixed or changing display composed of a series of lights, but not including time/temperature displays. 16.20. "External illumination" means the lighting of an object from a light source located at a distance from the object. 17.21. "Flags, banners or pennants" means cloth, plastic, paper or similar material used for advertising purposes attached to framing, line, pole, structure, staff or vehicle. 18.22. "Flashing" means a sign that includes an intermittent or sequential flashing light source. 3 19.23. "Freestanding, monument" means a sign that is supported by a base structure that rests on the ground and is not supported or attached to a building. 20.24. "Freeway oriented" means a freestanding sign located on a nonresidential property and directly adjacent to Highway 101. 25. “Hand-held” means a sign that is held by or otherwise mounted on a person. For the purposes of this title, hand held sign does not include a noncommercial sign. 21.26. Height, sign. See "Sign height." 27. “Illegal sign” means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and (e) any sign that is in violation of the provisions of Chapter 17.27(Signs). 22.28. "Inflatable device" means an object that is filled with a gas, including CO2. 23.29. "Internal illumination" means the lighting of an object from within the interior so that light rays go through the face of the sign. This does not include a sign with a light source that is attached to the face of the sign and is perceived as a design element of the sign. 24.30. "Live/work" means a sign that identifies the location of a live/work unit within a mixed-use or similar type development. 25.31. "Maintenance, normal" means the painting and cleaning of signs and/or the replacement of like parts of a nonstructural nature e.g., lights, panels, trim pieces and other similar items. 26.32. Marquee. See "Theatre, marquee." 27.33. "Mural" means a two dimensional piece of art which is applied to the flat surface or wall of a building. 28.34. "Neon" means a light source that is generated by inserting electrical energy into a chemically inert gas. 35. “Noncommercial message" means any wording, logo or other representation that does not directly or indirectly, name, advertise or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity. 4 36. “Noncommercial sign” means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. 29.37. "Nonconforming" means an advertising structure or sign which was lawfully erected and maintained in conformance with the requirements in effect at the time, and which has subsequently come under new amended requirements and no longer complies with the requirements. 30.38. "Obscene" means a sign that includes materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. 31.39. "Off-site, billboard" means a sign identifying a use, facility, service or product that is not located, sold or manufactured on the same premises as the sign. 40. "On-site sign" means any sign which directs attention to an occupancy, business, commodity, good, product, service or other activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this title, all signs with noncommercial messages are deemed to be “on-site,” regardless of location. 32.41. Pennants. See "Flags, banners or pennants." 33.42. "Permanent" means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. 34.43. "Primary street frontage" means the primary street frontage is the most prominent public right-of-way as related to a lot of record. 44. "Private information" means signs that are required or permitted by law to be posted, e.g., "Beware of Dog" as well as service station pricingor signs displayed on private property that are intended to preserve and protect public health, safety and general welfare. Examples include, but are not limited to: beware of dog signs, no soliciting signs, and no trespassing signs, 35.45. "Portable" means an "A" frame sign or other sign attached to a devise used to allow the sign to be rolled or moved around. 36.46. "Projecting or suspended" means a sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting outward from the building. 37.47. "Public information" means a sign that has been displayed by a federal, state or local agency for the purpose of protecting public health, safety and general welfare. 5 48. "Real estate" means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent or directing people to a property. Not including, and does not include temporary subdivision signs. 38.49. "Roof" means a sign mounted on the roof of a building or supported entirely by the building and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. 39.50. "Sign area" means the surface of a sign. shall be calculated by enclosing the extreme limits of all framing, writing, logo, emblem or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. 51. “Sign face” means that portion of a sign intended to be viewed from one direction at a time. 40.52. "Sign height" means the vertical distance from the lowest point of the base of the sign to the highest point of the structure, where the lowest point of the base of the sign structure does not include fill, planters or other materials that artificially increase the sign height. 53. "Sign program" means a process for reviewing and approving nonresidential or mixed use structures, containing four or moresignage for larger sites and buildings, and for properties with multiple tenants, for the purpose of ensuring aesthetic compatibility and equitable signage area. 41.54. "Sign structure" means the supporting framework or bracing of a sign and incidental to the sign display. 55. “Subdivision” means a sign that identifies a subdivision project with units for sale. 42.56. "Temporary" means a sign intended to be displayed for a limited period of time and capable of being viewed at a building frontage, including but not limited to: construction and subdivision signs, campaign and election signs, garage sale signs, real estate signs, seasonal decorations and special event signs. “Theatre, marquee”. "Marquee theatre" 43.57. “Theatre marquee”means a sign whichthat is attached to or otherwise made part of a permanent roof-like structure and projects beyond the building wall in the form of a large canopy to provide protection from the weather. 44.58. "Three-dimensional" means a sign that has a relief image on its surface that exceeds six inches. 45.59. "Time/temperature" means the area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area. 6 60. “Unsafe sign” means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism. 61. "Vehicle" means a sign that is used or intended for use as a portable sign and is towed or affixed to a vehicle that is not operated and/or moved on a regular basis. used to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of the vehicle. 46.62. "Wall" means a sign that is attached or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. 47.63. "Window" means a sign posted, painted, placed, or affixed inon the interior or onexterior of a window exposed to public view. An aninterior, and includes an interior sign that faces a window exposed to public view and is located within threetwo feet of the window. This definition does not include window displays of merchandise offered for sale, so long as such displays are located more than two feet from the window on the interior. 1 Chapter 17.27 - SIGNS Sections: 17.27.010 - Purpose. The councilpurposes of the city of Rohnert Park establishesthese sign standards that are intended toand regulations include: A. Protect the public safety and welfare by avoiding hazardous distractions or conditions to pedestrian and vehicle traffic through careful placement, orientation, design and maintenance of signage. B. Ensure that signage is clearly stated, appropriately scaled, and in harmony with the character and appearance of the building or use that is being identified; and. C. Apply a fair standard equally among sign owners and those who wish to use signs C. Maintain and enhance the city’s appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. D. Protect residential districts and adjoining nonresidential districts from adverse impacts of excessive numbers or sizes of nearby signs. E. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. F. Limit the number and size of signs to levels that reasonable allow for the identification of institutional or commercial locations and the nature of the use, business or services provided at such location. G. Regulate the number and sizes of signs according to standards consistent with the types of establishments in each zoning district or in different portions of a zoning district. H. Avoid unnecessary and time consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City’s building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter. I. Respect and protect the right of free speech by sign display, while reasonably regulating the structural locational and other aspects of signs not related to communication, generally for the public health, safety, welfare and specifically to 2 serve the public interests in community aesthetics and traffic and pedestrian safety. J. Enable the fair and consistent enforcement of these sign standards and regulations. K. Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes stated in this section. 17.27.020 - Applicability. A. Regulation. The requirements of this chapter shall apply to all signs in all zoning districts. B. Sign Content. The provisions of this chapter do not regulate the message content of signs (sign copy). CA. Regulation. This chapter regulates signs located on private property within all zoning district of the city. This chapter also applies to signs within public rights- of-way, and to property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter. B. Definitions. Definitions of the specialized terms and phrases used in this chapter are contained in Rohnert Park Municipal Code, Chapter 17.04 (Definitions).) of this municipal code. References to “department” means the Department of Development Services, and references to “manager” means the Development Services Manager or the manager’s designee. D. Maintenance. Each and every sign in the city shall be maintained in good structural condition at all times including all paint, metal parts and supports. 17.27.030 17.27.030 General provisions. A. Sign Permit Required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter, change commercial message copy (except for changeable copy signs), move, or display any temporary or permanent sign without first obtaining a sign permit in accordance with the provisions of this chapter. No additional sign permit or approval is required for cleaning or other normal maintenance of a previously approved sign, unless a structural or electrical change is made. 3 B. Owner’s Consent Required. The consent of the property owner, designated agent, or person in control or possession of the property is required before any sign may be erected on any private property within the city. C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. A sign permit or sign program approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial messages are deemed to be “on-site,” regardless of location. D. Substitution of Noncommercial Messages. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional permit is required to substitute a noncommercial message for any other message on a permitted sign, provided the sign structure is already approved or exempt from the sign permit requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail. E. Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages. F. Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the sign permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. 17.27.040 Sign permit and sign program requirements. A. General. Unless specifically exempted in Section 17.27.040 Section 17.27.050 (Exempt), no Signs), a sign shall be installed, erectedpermit or altered unlesssign program approval ismust be secured for all signs in accordance with this chapter. 4 Granting a permit or approval in accordance with this chapter in no way eliminates the need to otherwise obtain a constructionbuilding or encroachment permit when required. BB. Purpose. The purpose of the sign permit and sign program requirement is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. C. Sign Programs. A sign program shall be required for: 1. Any new nonresidential project with fourthree (3) or more tenants; 1.2.Building groups that involve fourthree (3) or more live/work uses; and 2.3.Any existing nonresidential project consisting of fourthree (3) or more tenants, where more than sixty60 percent of the existing signs or building exterior are being rehabilitated within a twelve12-month period.: C. Review Authority. Notwithstanding an application for conditional use permit or site design and architectural review which includes new signs or signage, the review authority for a sign permit application shall be the zoning administrator and the review authority for a sign program shall be the planning commission. The review authority may require conditions of approval to achieve the purpose of this chapter. 4. Any single building of more than 20,000 square feet: and 5. Any commercial building or buildings occupying two (2) or more acres. D. Procedure. Application Process. 1. An application for a sign permit or sign program shall be prepared, filed and processedmust be made in compliance with this chapter. Submittals shallwriting on the form provided by the department and accompanied by the required fee established by city council resolution. 1.2.The application must include descriptive materials sufficient to conduct a proper evaluation including the following items: a. A site plan showing existing improvements and proposed sign locations; 5 b. Detailed elevations showing the proposed signage, including the dimensions and locations; c. A detailed plan of the proposed signage, including dimensions, proposed illumination and method of attachment or mounting; d. Samples and descriptions of the proposed sign copy, colors and materials; 1. Photographs of all existing signage and buildings or site areas where proposed signage will be placed; e. A completed construction permit application, as needed, in conformance with Rohnert Park Municipal Code, Title 15Title 15 (Buildings and Construction). ) of this municipal code. f. Such additional information requested by the department as may be necessary to make a fully informed decision, process the application and make the required findings. 3. The manager will initially determine whether the application contains all the information and items required by this chapter and may be deemed complete. 4. All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United State mail, the date upon which personal service of such notice is provided or the date that the notice is electronically transmitted (if applicable). 5. No application will be accepted if: a. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application. b. The application is substantially the same as an application previously denied, unless: (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application. c. The applicant has not submitted for processing or obtained any applicable permit for the underlying use of the property. 6 E. Standard Sign Permit Review Process. 1. After receiving a complete sign permit application, the manager must cause the application to be reviewed and render a written decision to approve or deny the application within ten business days. 2. Determinations on sign permit applications are to be guided by the standards, criteria and findings set forth in this chapter. 3. The manager may refer certain sign permit applications to the planning commission for review. Such determination should be made within ten business days of a complete application and acted upon by the planning commission within 60 days or concurrent with any related and required project approval that is presented to the planning commission. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the manager or planning commission must be in writing and must specify the grounds for such denial. F. Standard Sign Program Review Process. 1. After receiving a complete sign program application, the manager must schedule consideration of the sign program by the planning commission within 60 days of the complete application or concurrent with any related and required project approval that is presented to the planning commission. 2. Determinations on sign program applications are to be guided by the standards, criteria, and findings set forth in this chapter. 3. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the planning commission must be in writing and must specify the grounds for such denial. 7 G. Findings. A sign permit or sign program that is reviewed in compliance with this chapter shallmay be approved only after the following findings and determinations are made by the appropriate review authority: 1. That the proposed location of the use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the sign is located; 2. That the proposed location of the sign and the conditions under which the sign would be operated and maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;. 3. The proposed sign is in substantial conformance with the provisions of the zoning code. FH. Approval Period, Expiration and Time Extensions. A sign permit or sign program approval shallwill expire one (1) year from itsthe date of issuance unless the sign or at least one (1) sign in an approved sign program has been installed in accordance with the conditions of approval. If the sign permit or sign program is for a building or shopping center under construction, the one year approval period will commence on the date of issuance of the first Certificate of Occupancy for the project. 1. Prior to expiration, of a sign permit or program, the applicant may apply for an extension of up to one (1) additional year. The extension shallrequest will be reviewed by the review authority that acted on the original request. 2. The permit or approval shallwill be null and void if the zoning ordinance changes significantly prior to the installation of the sign to a point that given the new regulations in the zoning ordinance such a sign would not be permitted. I. Revocation. The initial reviewing authority may revoke any sign permit or sign approval according to the process outlined in Section 17.25.140 through 17.25.148 upon refusal of the permit or approval holder to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days opportunity to cure. 17.27.040050 - Exempt signs. The following signs are allowed without a sign permit or sign approval provided that they otherwise comply with the city's design guidelines and this chapter. A sign which is considered exempt in accordance with this chapter in no way eliminates the need to otherwise obtain a constructionbuilding or encroachment permit when required. 8 A. Address Signs. Street address numbers that aremust be installed in compliance with the California Fire Code or the U.S. Postal Service. B. Commemorative Signs. Signs which commemorate a building's historical status and/or date of erection, when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type material and made as an integral part of the structure when suchSuch signs are wall mounted and may not exceedingexceed six (6) square feet in areaDevelopment Services Manager or designee.area and are subject to the approval of the manager.. C. C. City Informational Signs. The city may erect identification, welcome and/or directional signs at entries and key locations within the community. D. On-Site Directional Signs. Signs that are designedSuch signs are subject to the following provisions: 1. Directional Entry Sign (Small). One on premise parking and erected for the sole purpose of directing vehicular and/or pedestrian traffic within a project (e.g., exit, telephone, restroom, security office, etc.)directional sign not exceeding one (1) double-faced sign is permitted per site entrance. The sign face may not exceed four (4) square feet in area and the sign height may not exceed five (5) feet. 2. Directional Entry Sign (Large). A larger directional sign may be used in place of each Directional Entry Sign (Small) if the sign is setback more than 100 feet from a public way. This sign may be up to ten (10) square feet in area and up to eight feet in height. 1.3.Small Internal Directional Signs. Other directional signs may be used throughout a project site so long as the area of each sign does not exceed one square foot in area and located on a project site. E. D. Entry Signs. 1. AnyOpen / Closed Sign. Each business shall be entitled tomay have one "open/closed" sign, not exceeding one square foot in area. 2. The city shall be entitled to identification or welcome signs, one at each entry to the city, or other public locations, not exceeding sixty-four square feet in area. EF. Flags and Flag Poles. Flags of national, state or local governments, or nationally recognized religious, fraternal or public service agencies provided that: 9 1. TheA single flag that does not exceed one-fourth the height of the flag pole; and two or more flags combined that do not exceed one-half the height of the flag pole. 2. ResidentialProperties in residential zoning districts shallmay have no more than one flag per property and the flag pole shallthat does not exceed twelve12 feet in height; and. 3. Nonresidential Properties in nonresidential zoning districts shallmay have no more than three (3) flags per property and the flag pole shallmay not exceed thirty (30) feet in height. F4. If taller than twelve (12) feet in height, the flag pole must be constructed of metal, fiberglass or carbon fiber. Wood flag poles taller than twelve (12) feet are not permitted. 5. According to federal flag guidelines, the United States flag should only be displayed from sunrise to sunset unless properly illuminated for nighttime visibility. If illuminated, flag lighting shall be directed and/or shielded to avoid off-site glare. 6. Smaller flags displayed during daylight hours for Federal holidays (e.g. Veterans Day, Memorial Day, etc.) are permitted without limitation. G. Live/Work. Signs that identify the location of an occupation in a live/work unit provided the sign does not exceed one Such signs may not exceed two (2) square foot, isfeet and must be attached to the wall of the building in which the use is housed and is nonilluminated.may not be illuminated. For building groups that involve fourthree (3) or more live/work units, an integrated sign program shall beis required in accordance with(B) Section 17.27.040.C (Sign Programs). G. Normal Maintenance and Nonstructural Modifications. The following maintenance or modifications are allowed unless otherwise subject to Section 17.27.030(BSign Permit and Sign Program Requirements) as follows: 1. Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs; 2. Nonstructural modifications of the face or copy of an existing conforming sign; 3. Normal maintenance of conforming signs and sign copy. H. Private Signs. Signs required by law, or signs displayed on private property which are directed toward preserving and protecting public health, safety and general welfare. Examples include, but are not limited to: beware of dog signs, no 10 trespassing signs, service station pricing signs, or similar signage. Lettering on beware of dog or no trespassing signs shall not exceed three inches in height. I. Public H. Private Informational Signs. Such signs may not exceed one square feet in area. I. Public Informational Signs. Signs displayed by a federal, state or local governmental agency when required to carry out its responsibility to protect public health, safety and general welfare. Examples include, but are not limited to: public hearing signs, emergency and warning signs necessary for public safety or civil defense, signs locating underground facilities, and traffic signs erected and maintained by an authorized public agency. 1. On-Site Signs Required for City Public Hearing Notification. On-site signs for public hearing notification before a city agency are allowed without a sign permit but shallmust comply with the following specifications and operational procedures: a. Sign Area. Each sign shall be ofmust comply with the following minimum and maximum area requirements, based on the size of the subject parcel. Table 17.27 – 1: Public Hearing Signs Lot Area RequiredMinimum Sign Area Less than 6,000 sf, or store front 6 sf 6,000 sf to 20,000 sf 12 sf Greater than 20,000 sf 224 sf More than 1 acre 32 sf b. Height Limit. Sign height shallmay not exceed sixeight feet. c. Location. The sign shallmay be located not less than five feet inside the property line for residential zones, not less than one foot inside the property line for commercial and industrial zones and shall be placed in an area that is most visible to the public. The sign shall be located outside of any vision triangle, as described in Section 17.14.040 (Clear Vision Triangled. Other Restrictions. d. Other Restrictions. i. No sign shallmay be illuminated, ii. One (1) sign shallmust be displayed per public street frontage of the subject property, and 11 iii. Removal is required within fifteen (15) days after the noticed public hearing. e. Verification. On or before the required date of posting, the applicant or applicant's representative shallmust submit to the department a signed affidavit of the installation of an on-site public hearing sign. J. Temporary Signs. 1. Construction and Subdivision Identification Signs. Signs in any district that identify a construction or subdivision project site Such signs are permitted in all zoning districts subject to the following: a. At least oneOne sign containing thirty-twonot exceeding 32 square feet per site. For each site larger than ten acres, one additional thirty-two32 square foot sign per ten acre increment is allowed; b. One sign containing tennot exceeding six (6) square feet for each model home and located on the site of each model home in the subdivision; c. At least one One (1) off-site directional sign not exceeding ten (10) square feet. Any off-site directional sign containing ten square feet is allowed.may be required to be large enough to accommodate more than one (1) construction or subdivision project. The location and number of direction signs shallwill be determined by the zoning administrator.manager. 2. Campaign and Election Signs. Signs thatSuch signs are related to public campaigns and elections when they conformsubject to the following: a. No campaign or election sign shall bea. Campaign signs are not permitted on any public property or within any public right-of-way. In order to assist the public in locating public property, the city shallwill make available, through the office of the Rohnert Park city manager, a map showing publicly owned real property within the city of Rohnert Park. As to those areas of right-of-way or other small parcels wherein it is difficult to determine the line of demarcation between public and private property, the city sign enforcement authority, as designated by the city manager, shallwill inquire of the nearest adjacent private property owner or owners as to whether they have given permission to the posting of the sign. If the owner or owners reply in the negative it shallwill be conclusively presumed that the sign was posted in violation of this section. If the nearest owner or owners indicate that permission was given to post the sign then the city shallwill ascertain by survey or other accurate method as to whether the sign is posted on public or private property and shall proceed accordingly;. 12 b. Any campaign or election sign placed upon privately owned property shall secure the writtenmust receive consent of the owner or occupant thereof;. c. No campaign or election sign shall be posted or displayed prior to ninety days before the date of the election; d. All campaign or election signs shallmust be removed within ten days after the day of the election to which it pertains. The person or organization placing the sign and the owner and the occupant of the premises upon which the sign is placed shallare each be responsible for the removal thereofof such signs. In the event it becomes necessary for employees of the city to remove such signs, the city may hold all or any of the abovementioned parties responsible for the costs incurred by the city in removing such signs. e. 3. Garage Sales Signs. One sign containing four square feet located in anyEach campaign or election sign is subject to the following limitations: i. In all residential district and placed on the property where the districts, signs are limited to six (6) square feet in area. All free- standing signs are limited to five (5) feet in height. ii. In all non-residential districts, signs are limited to twelve (12) square feet in area. All free-standing signs are limited to eight (8) feet in height. iii. Only one sign per candidate or issue is permitted on a single parcel. 3. Freestanding Signs. In residential zones only, each parcel is permitted two temporary freestanding noncommercial signs (this includes “garage sale is being conducted and not occurring more than four times in any one calendar year.sales” and similar incidental “for sale” signs typical at a residential address). Such signs may not exceed six (6) square feet in area and four (4) feet in height, and may not be illuminated. Such signs are in addition to all other signage allowed under this chapter. 4. Real Estate Signs. NonilluminatedSuch signs usedmay not be illuminated and are subject to advertise a property that is for sale, lease or rent shall comply with the following regulations: a. Residential Signs. One sign containingnot exceeding six (6) square feet in area located on the property being advertised. Riders on such signs are limited to three (3) square feet in area. 13 b. Residential Open House Signs. Signs directing customers to an open house may not exceedingexceed two (2) square feet which may contain the words "Open House" together with an arrow indicating the direction to the open house between the hours of eight a.m. and eight p.m. No more than one sign per direction may be placed at any intersection. c. "Open House" Real Estate Sign. One (1) sign not exceeding six (6) square feet may be placed on the property coinciding with the hours of open viewing. The sign may also contain the name of the selling firmsales person or firm sponsoring the open house. d. Nonresidential Real Estate Signs. One (1) sign not exceeding twenty20 square feet per frontage that is located on a nonresidential property being advertised. A maximum of one (1), two (2) foot by three (3) foot window sign is allowed for each vacancy. All signs must be non-illuminated. One (1) sign is allowed per frontage. Signs exceeding these limitations may be administratively approved by the director. 5. Seasonal Decorations. Decorations and displays related to locally recognized holidays including, but not limited to: Christmas, Thanksgiving and Fourth of July. The decorations may be installed up to thirty days prior to the holiday and shall be removed no later than ten days after the holiday. 6. Special Event Signs. Signs or banners that advertise and publicize special events, including, but not limited to civic events, special events for non-profit organizations (must be Rohnert Park based organizations: civic events, or the event must be in Rohnert Park), grand openings, religious services and athletic sign upssignups are permitted in accordance with the following standards or guidelines: a. A maximum of two special event signs containing up to twenty-fournot exceeding thirty two (32) square feet each, located on the property where the event is taking place. Except that one (1) banner for civicspecial events may stretch across City Center Drive and/or Lynne Conde Way; and up to fourthree (3) banners not exceeded thirty two (32) square feet each and no more than one (1) at each location for civicspecial events may be placed at the following locations: i. West side of Commerce Boulevard at Golf Course Drive (west of 4960 through 5050 Commerce Boulevard); iii. Southwest corner of Redwood Drive and Golf Course Drive WestWilfred Avenue (APN 045-082-053);iii; ii. West side of Commerce Boulevard, in the vicinity of Arlen Drive on the landscaped strip adjacent to Highway 101 (APNs 143-061-036 and 143-084-002);; and 14 iviii. Northeast corner of E. Cotati Avenue at Snyder Lane (APN 047- 400-081).. b. The term that the special event sign or banner may be displayed shall not exceed fourteen consecutive days orand more than four times in any calendar year. c. A deposit in the total amount of twoc. Two hundred dollars shall be deposited with the department of community developmentDevelopment Services Department to assure that the special event signs are removed at the conclusion of the event and against which the city may charge the costs of removal if the applicant fails to do so. If the applicant removes the special event signs the funds deposited with the city shall be reimbursedrerefunded to the applicant. d. A list of the location of the special event signs or banners together with the required deposit shall be submitted to the department of community developmentDevelopment Service Department before the installation of the proposed signs or banners. e. The applicant shall submit to the department of community developmentDevelopment Services Department a list of names, addresses and telephone numbers of three responsible adults in the organization to whom the sign permit is issued. 17.27.050060 - Prohibited signs. The following signs, as defined by this code, are prohibited and subject to immediate abatement by the city of Rohnert Park's code enforcement officer. A. Abandoned Signs. Any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on the premises where the sign is displayed. B. Attention Attracting Sign Devices. Balloons, banners, beacons, blinking or traveling lights, flashing messages, inflatable signs (and figures), pennants, search lights, spinners, streamers and other similar attention attracting devices are prohibited. This does not include temporary banners, electronic message boards or time and temperature devices as permitted pursuant to Sections 17.27.040(J) (Exempt Signs) and 17.27.080(C) and (J) (Special Sign Type Requirements).. C. C. Flags unless considered exempt under Section 17.27.040 (Exempt Signs), F (Flags and Flag Poles) or specifically permitted as part of a sign program or a site plan and architectural review entitlement. 15 D. Internally illuminated cabinet signs, except where a dark, opaque background is used in conjunction with light, translucent lettering. ED. Obscene Signs. Signs that include materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. FE. Off-Site Signs (Billboards). A sign identifying a use, facility, service or product that is not located, sold or manufactured on the same premises as the sign. GF. Portable Signs. "A" frame sign or other sign attached to a device used to allow the sign to be rolled or moved around, except as otherwise allowed in this chapter. HG. Roof Signs. Notwithstanding roof and parapet signs that are except when approved in conjunction with site plan and architectural review for a building, no sign shall be installed above a roof or on top of the parapet of a building.. IH. Signs in the Public Right-of-Way. Signs that are placed in a street right-of-way without a valid encroachment permit, except as otherwise allowed in this chapter. This includes temporary signs displayed on public property, in the public right-of- way, utility pole, fence, tree or other vegetation. JI. Signs located in a vision triangle as described in Section 17.14.040 (Clear Vision Triangle). K. Vehicle Signs. This includes any vehicle sign parked within the public right-of- way or in a location on private property that is visible from a public thoroughfare. L. Signs which resemble any official marker erected by the city, state, or any governmental agency, or which, by reason of position, shape, color, or illumination would conflict with the proper functioning of any traffic signal or would be a hazard to vehicular or pedestrian traffic. M. Signs which produce odor, sound, smoke or fire or other emissions. N. A vehicle or equipment with mast arms or booms in an elevated position with intent to advertise. O. Signs painted on fences, walls and roofs. P. Statuary or representative figures used for advertising purposes. P. Handheld signs. 17.27.060070 - General sign requirementsarea, height, illumination and location standards. 16 A. Sign Area Measurement. The measurement of sign area to determine compliance with the sign area limitation shallwill be calculated as follows: 1. Area. The surfacearea of a sign shallwill be calculated by enclosing the extreme limits of all framing, writing, logo, emblem or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. 2. Double Faced Signs. The area of a double -faced (back-to-back) sign shallwill be calculated as a single sign face if the angle at the apex of the sign does not exceed thirty degrees. 3. Three-Dimensional Signs. Where a sign consists of three-dimensional objects the sign area shallwill be measured as their maximum projection upon a vertical plane. 4. Structure. Supporting framework or bracing that is clearly incidental to the sign display shallwill not be computed as part of the sign area. 5. Time/Temperature Signs. The area of any time and/or temperature device incorporated into a sign shallwill not be included in the calculation of total sign area. B. Sign Height Measurement. The height of a sign shall bewillbe measured as the vertical distance from the lowest point of the base of the sign structure, at grad level to the highest point of the sign structure, where the lowest point of the base of the sign structure does not include fill, planters or other materials that artificially increase the sign height.. C. Sign Illumination. 1. Externally illuminated signs must utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the site or onto any public right-of-way or adjoining properties. 3. 2. Internally illuminated cabinet signs shall havemust have opaque backgrounds where copy and a/or logo are/is the only illuminated features. 4. 3. Transformers, raceways and other types of electrical equipment and features shallmust be concealed. 4. Signs both visible from and within 100 feet of a residential district (R-E, R-R, R-L, R-M, R-H), or similar designation within a Planned Development or Specific Plan may not be illuminated between 10 p.m. and 7 a.m. 17 5. No movement or apparent movement or change in intensity of illumination is permitted. Rapidly flashing or stroboscopic lightingis also prohibited, D. Sign Location. 1. All signs shallmust be located on the same site as the subject of the sign, (i.e. on-site), except as otherwise allowed by this chapter. 2. No sign shallmay be located in the public right-of-way, except as otherwise allowed by this chapter and the following: a. Bus stop signs installed by a public transit company; b. Emergency warning signs erected by a government agency, public utility company or a contractor doing authorized work within the public right-of- way; c. Information signs of a public utility company regarding lines, pipes, poles or other facilities; or such asd. Public signs erected by or on behalf of a government agency to convey public information, identify public property, post legal notices or direct or regulate pedestrian or vehicular traffic. signs: 3. The location of all signs shall Signs must be installed in a fashionlocation and manner that ensures that: a. They do not block the sight lines of existing signs on adjacent properties; and b. Pedestrian and vehicular safety is maximized; and. c. Setback and area are appropriate for all freestanding or projecting signs. 17.27.080 – E. Sign Maintenance, Construction and Design. design, materials, construction, and maintenance standards All signs shallmust be maintaineddesigned, constructed and designedmaintained in compliance with the following standards: 1. All signs shall comply with the uniform codes of the city and any other applicable ordinances, resolutions or regulations; 18 2. Except for signs of a temporary nature (banners, flags, etc.) all signs shall be constructed of permanent materials and shall be permanently attached to the ground, building or other structure by direct attachment; 3. A. Permanent signs shallmust be designed by a qualified professional, i.e., architect, designer or others whose principal business is the design, manufacture, or sale of signs. B. Sign colors and materials should be compatible with the existing building designs and should contribute to legibility and design integrity. Signs should avoid the use of garish colors or combinations of colors. C. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial complex must be designed to incorporate the materials common or similar to all buildings. D. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements: 1. Type of construction materials; 2. Sign/letter color and style of copy; 3. Method used for supporting sign (i.e., wall or ground base); 4. Sign cabinet or other configuration of sign area; 5. Illumination; and 6. Location. E. Except for signs of a temporary nature (banners, flags, etc.) all signs must be constructed of durable materials. F. Every sign, including all parts, portions and materials, must be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city’s building code and electrical code. Under no circumstances may a permanent sign have an exposed back. G. All permanent signs must be permanently attached to the ground, building or other structure by direct attachment. H. Every sign and all parts, portions and materials must be maintained in good repair. The display surface of all signs must be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned out lamps or lighting, 19 replacement of broken faces, repainting of rust, chipped or peeling structures or faces within 15 days following written notification by the city. When there is a change or discontinuance of a business or occupancy such that a sign no longer represents a place of business or occupancy, the sign must be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure. I. Within 30 days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises must be repaired and restored to remove any visible damage or blemish left by the removal of the sign. 17.27.070090 - Zoning district sign standards. Each sign shallmust comply with the sign area, height and number provided by this section except as otherwise provided. Table 17.27-2: Standards for Signage in R-L*, R-M, R-H, R-M/M-H and P-I Districts Sign Type Allowed Maximum Height Maximum Number Maximum Sign Area Wall mount Below edge of roof. 1 of either sign type per street frontage or entrance. 16 sf maximum. each sign; 32 square feetsf. total for all signs. Freestanding 6 feetft. * Applies to multifamily, attached single family, public and quasi-public land uses only in an R-L zoning district. * . Table 17.27-3: Standards for Signage in C-N, C-O, M-U and OS-EC Districts Sign Type Allowed Maximum Height Maximum Number Maximum Sign Area FreestandingGround-mounted and Ground- floor 8 ft. 1 per street frontage. 0.25 sf. per linear ft. of property line adjoining street. Building Mounted (ground floor)Awning Below edge of roof. 3 of any combination of allowed sign types per primary street frontage (in no 0.5 sf for each linear ft of building frontage; or 0.25 sf for each linear ft of property line adjoining street, Formatted: Space Before: Auto, After: Auto Inserted Cells Formatted: Space Before: Auto, After: Auto Deleted Cells Deleted Cells Deleted Cells 20 case more than 1 freestanding sign) plus 1 of any allowed sign type per secondary street frontage (which may include an additional freestanding sign). Sites with 4 or more tenants will require a Sign Program: 1 of any allowed sign type per business frontage. whichever is less. Except for sign programs the maximum total signage allowed is 100 sf per lot of record. To be determined case by case; however should be in general compliance with the basic signage requirements. AwningFreestanding Below edge of roof8 feet. 3 of any combination of allowed building mounted sign types per primary street frontage. plus 1 of any allowed sign type per secondary street frontage. Sites with 3 or more tenants require a Sign Program with 1 of any allowed sign type per business frontage. 0.5 sf for each linear ft of building frontage; and 100 sf maximum area per lot of record (may be exceeded with a Sign Program). Projecting Below edge of roof. Suspended Below eave or canopy; and at least 8 ft. Merged Cells Merged Cells Split Cells Split Cells 21 above a walking surface. Wall Below edge of roof. Temporary/Portable Section 17.27.040(H) (Exempt Signs)Section 17.27.050 (H) (Exempt Signs) Window Section 17.27.080(Section 17.27.100 (J) (Special Sign Type Requirements) SecondBuilding Mounted (second floor and above) Awning Below edge of roof. 1 sign per tenant space. 12 sf for each tenant and. plus 1 directory sign not to exceed 12 sf per floor to identify upper floor occupants. Projecting Wall Window Section 17.27.080(JSection 17.27.100 (L) (Special Sign Type Requirements) Table 17.27-4 Standards for Signage in C-R, I-L, and I-L/O Districts Sign Type Allowed Maximum Height Maximum Number Maximum Sign Area Ground-mounted and Ground- floorFreestanding 8 ft. 1 per street frontage. 0.5 sf for each linear ft of property line adjoining street. Building Mounted (ground floor)Awning Below edge of roof. 3 of any combination of allowed sign types per primary street frontage (in no case more than 1 freestanding sign) plus 1 of any allowed sign type per secondary street frontage (which may include an additional freestanding sign). 1.0 sf for each linear ft of building frontage; or 0.5 sf for each linear ft of property line adjoining street, whichever is less. Except for sign programs the maximum total signage allowed is 200 sf per lot of record. To be determined case by case; however should be in Inserted Cells Inserted Cells Deleted Cells Deleted Cells Deleted Cells 22 Sites with 4 or more tenants will require a Sign Program: 1 of any allowed sign type per business frontage. general compliance with the basic signage requirements. AwningFreestanding Below edge of roof.8 feet. 3 of any combination of allowed sign types per primary street frontage. plus 1 of any allowed sign type per secondary street frontage. Sites with 3 or more Tenants require a Sign Program with 1 of any allowed sign type per business frontage. 1.0 sf for each linear ft of building frontage. 200 sf per lot of record (may be exceeded with a Sign Program. Projecting Below edge of roof. Suspended Below eave or canopy; at least 8 ft above a walking surface. Wall Below edge of roof. Temporary/Portable Section 17.27.040(H) (Exempt Signs)Section 17.27.040 (H) (Exempt Signs) Window Section 17.27.080(JSection 17.27.100 (L) (Special Sign Type Requirements) SecondBuilding Mounted (second floor and above) Awning Below edge of roof. 1 sign per tenant space. 12 sf for each tenant and . Projecting Formatted Table Merged Cells Merged Cells 23 Wall plus 1 directory sign not to exceed 12 sf per floor to identify upper floor occupants. Window Section 17.27.080(JSection 17.27.100 (L) (Special Sign Type Requirements) (Ord. 765 § 2 (part), 2006) 17.27.080100 - Special sign type requirements. This section is intended to be used in conjunction with other standards contained in this chapter. The zoning administrator or designeeThe manager is authorized to issue a sign permit for the following signs consistent with the regulations of this chapter, the city's design guidelines and any required building permit is obtained. A. Awning Signs. 1. Area. Not more than twenty-five (25) percent of the awning face or twenty- five (25) square feet whichever is less. Sign width on the sloped face or valance is limited to eighty five (85) percent of the awning width, on the sloped awning surface the maximum size of logos limited to two square feet. 2. Height. Below edge of roof. 3. Illumination. External lighting only. Back-lit or translucent awnings are not allowed. 4. Location. One or two story buildings only. 5. Information limited to the name, logo, and type of business. 6. On the valance the height of the letters should be limited to 80 percent of the valance height. B. Directory Signs. 1. Area. NoNot more than twelve (12) square feet. 24 2. Height. Six (6) feet maximum when freestanding or attached to wall. 3. Illumination. Internal or external lighting allowed subject to review. 4 3. Location. Permitted in any zoning district. C. Electronic Message Centers. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Publicly owned properties located adjacent to a major arterial or highway. D. Freestanding (Monument) Signs. 1. Area. Subject to the requirements of Section 17.27.070 Section 17.27.090 (Zoning District Standards). 2. Height. Subject to the requirements of Section 17.27.070 Section 17.27.090 (Zoning District Standards). 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. Permitted in all zoning districts. E. Freeway Oriented Freestanding Signs. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Any nonresidential zoning district immediately adjacent to Highway 101. F. Murals. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 25 3. Illumination. Determined by conditional use permit. 4. Location. Determined by conditional use permit. G. Neon Signs and Tubing. Notwithstanding neon signs and tubing that are approved in conjunction with site plan and architectural review for a building, neon signs and tubing may be used in limited quantitiesare subject to a conditional use permit in the C-R, C-N, I-L/O and M-U zoning districts. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Determined by conditional use permit. H. Projecting and Suspended Signs. 1. Area. No more than nine square feet. 2. Height. Below the edge of roof and not to exceed the top plate of the first floor of a multistoried building. Minimum clearance of eightten (10) feet between the bottom of the sign and the finished grade below. The clearance may be reduced to eight (8) if the sign is suspended below an awning, portico or other roof overhang. 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. No more than thirty-six inches of sign may project over a public right-of-way or easement. Signs which project over a public right-of-way or easement will need to secure an encroachment permit. I. Theatre Marquee Signs. In addition to the signage allowed in Section 17.27.070090 (Zoning District Standards), a sign with changeable copy that does not exceed sixty-five65 square feet may be permitted upon approval of a conditional use permit. J. Time and Temperature Devices. In addition to the signage allowed in Section 17.27.070090 (Zoning District Standards) a time and temperature device that does not exceed eight square feet may be permitted. K. Wall Signs. 1. Area. Notwithstanding the standards in Section 17.27.070090 (Zoning District Standards), a wall sign may be located on any primary or secondary building 26 frontage; the area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of the windows, doors and recesses. according to the area limits established in Tables 17.27-2, 17.27-3 and 17.27-4. . 2. Height. Below edge of roof. 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. No sign shall projectmayproject from the surface to which it is attached more than required for construction purposes, and in no case more than twelve12 inches. No sign shallmay interfere with the operation of a door or window. L. Window Signs (Permanent). 1. Area. No more than twenty20 percent of each glazed area. 2. Height. BelowWithin the window frame. 3. Illumination. By conditional use permit. 4. Location. The first and second floors of a building only. (Ord. 765 § 2 (part), 2006) 17.27.090110 - Nonconforming signs. A. General Requirements. Signs which lawfully existed, were maintained and became nonconforming after the adoption date of the ordinance codified in this chapter that rendered such sign nonconforming, shallmust be removed or made to conform within thirty days30 days after written notice by the department of community developmentin the following circumstances: 1. Where there is a land use change on the site; 2. When a request is made for an exterior alteration or remodel where site design and architectural review is required; 3. When a sign is damaged by any cause which results in replacement or repairs where the cost for replacement or repair is greater than fifty percent of its replacement value at the time the damage occurred; or 4. Unless theThe sign is amortized as noted in accordance with the Amortization Schedule Table. 27 Table 17.27-5: Amortization Schedule 200% Original Value (dollars) Amortization Period (years) < 500 Two 500 to < 1,000 Three 1,000 to < 3,000 Five 3,000 to < 6,000 Eight 6,000 and above Ten B. Multiple Signs. For the purpose of determining value when more than one nonconforming sign is located on a site, the original values shall bewill be aggregated. C. Value Determination. The original value of a sign shall be determined by any one of the following methods: 1. Appraisal in writing by a sign manufacturer; 2. Bill of sale; or 3. Description schedule from federal or state income tax return. (Ord. 765 § 2 (part), 2006) 17.27.100 - Enforcement.120 – Removal of signs A. A person who violates any section of this chapter shall be guilty of an infraction andA. Unsafe Signs. Any unsafe sign may be removed by the city without prior notice. Alternatively, the manager may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property 15 days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage will be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of 30 days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with applicable law. B. Illegal signs. Any illegal sign must be removed or brought into conformity by the permit holder, property owner, or person in possession and control of the property following written notice from the manager. Such notice must specify the nature 28 of the violation, order the cessation of the use and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair may not be less than 15 days from the date of mailing the notice. The manager’s order may be appealed to the planning commission according to the procedure in Section 17.25.120 and following. C. Legal nonconforming signs - special circumstances. In accordance with California Business & Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner’s or user’s ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter. 17.27.130 - Enforcement. A. The violation of any section of this chapter is an infraction and may be punished in accordance with the provisions set forth in Chapter 1.16, (General Penalty) of the Rohnert Park Municipal Codethis code. B. If the owner of any sign or sign structure fails or neglects to comply with provisions of this chapter, it shall constitutesuch noncompliance constitutes a public nuisance in accordance with the provisions of Chapter 1.24, (Nuisance Abatement) of the Rohnert Park Municipal Codethis code and may be abated in the manner provided by such chapter. 17.27.140 – Appeals A. Any person seeking to appeal a decision of the manager or planning commission granting or denying an application for issuance of a sign permit or sign program, revoking a permit or approval, or ordering the remediation or removal of a sign, may appeal such action in the manner provided by Article XII of Title 17 of this code commencing at Section 17.25.120. A.B. Any person dissatisfied with the final action taken by the planning commission or city council, as applicable, may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure section 1094.8. Update to Sign Regulations Discussion City Council February 25, 2014 Subject Consider amendments to sign regulations ◦Chapter 17.27 Signs (and 17.04 Definitions) ◦Casino Mitigation Implementation Plan ◦Planning Commission recommends approval Purpose ◦Address new trends ◦Simplify and streamline process ◦Strengthen provisions ◦Create a more legally defensible code What changes are proposed? Sign definitions (section 17.04.030) ◦Added missing terms ◦Good definitions = easy interpretations ◦Good definitions = legal defensibility Purpose statements added (17.27.010) More transparent process (17.27.020 & .030) Improved sign design, maintenance and removal provisions (17.27.080 & .120) Sign Programs (17.04.040) Sign Programs (17.04.040) What are sign programs? ◦Decided by Planning Commission ◦Apply to all project signs ◦No sign program? => standard sign code applies Proposed change ◦Sign program applies to more sites Buildings with 3 or more tenants (versus 4) Building 20,000 sf or larger Site on 2 acres or larger Impact ◦Planning Commission will see more sign programs ◦Applicants will have more flexibility Exempt Signs (17.27.050) What does exempt mean? ◦Doesn’t need a sign permit ◦Limits within this section of code apply Proposed Changes ◦City informational signs (replaces “entry sign”) Sign within the public right-of-way Code allows sign type Helpful if a “way-finding” program is developed ◦“On-site” directional signs More directional signs permitted Helps to navigate large sites Flags Planning Commission concern that flag regs were too restrictive Flags classified as “exempt” but with limits. Proposed new provisions: ◦Allow more than one flag per pole ◦Flags can’t exceed 50% pole height ◦Permit shorter wood pole – 12’-0” (metal required if taller) ◦Reference to Federal flag lighting rules ◦Allow small flags in front yards for special occasions (e.g. Boy Scouts) Campaign Signs Not permitted on public property (including street rights-of-way) Permitted on private property: ◦With property owner permission Proposed changes – size limits: ◦Size: 6 sf (residential) and 12 sf (nonres) ◦Height: 5 ft (residential) and 8 ft (nonres) Above limits are consistent with neighboring jurisdictions Special Event Signs Non-profit banners 3 locations (4th location no longer exists) ◦Commerce/Golf Course ◦SW corner Redwood/Golf Course Drive West ◦W side of Commerce (near Arlen/101) ◦NE corner E.Cotati/Snyder PC requested changes. Allow placement: All Rohnert Park based organizations (regardless of activity location) All non-profit organizations holding Rohnert Park event Recommendation Discuss and provide direction to staff Next Steps ◦Revisions as necessary ◦Prepare an ordinance for introduction ◦Hold a public hearing City of Rohnert Park • 130 Avram Avenue • Rohnert Park, California 94928 Phone (707) 588-2226 • Fax (707) 792-1876 • www.rpcity.org ROHNERT PARK CITY COUNCIL EDUCATION COMMITTEE SPECIAL MEETING NOTICE AND AGENDA Wednesday, February 19, 2014 at 4:00pm City Hall Council Chamber Committee Members: Joseph T. Callinan, Mayor Pam Stafford, Councilmember Staff Members: Darrin Jenkins, City Manager Marilyn Ponton, Development Services Director Call to Order Items for Discussion: Robin Bowen, Executive Director California Parenting Institute  Proposed education related services Sonoma State University  Wayfinding signage  M-Section Parking Adjournment Any writings or documents related to items of business referred to on this Agenda that are subject to disclosure and submitted to the members of the Education Committee after distribution of the agenda packet will be available for public inspection in the City Manager’s Office at 130 Avram Avenue, Rohnert Park, CA during normal business hours. Disabled Accommodation: If you have a disability which requires an accommodation, an alternative format, or another person to assist you while attending this meeting, please contact (707) 588-2226 as soon as possible to ensure arrangements for accommodation. Item 9.A.1 AGENDA SONOMA COUNTY CITY SELECTION COMMITTEE THURSDAY, FEBRUARY 13, 2014 6:00 P.M. ________________________________________________________________________ City of Cloverdale, Fire Protection District 451 South Cloverdale Blvd., Cloverdale I. CALL TO ORDER II. ROLL CALL Cloverdale Santa Rosa Cotati Sebastopol Healdsburg Sonoma Petaluma Windsor Rohnert Park III. APPROVAL OF MINUTES A. City Selection Committee Meeting, February 28, 2013, in Santa Rosa Motion/Second IV. BUSINESS ACTION ITEMS: 1. Select Chair and Vice Chair of the City Selection Committee for 2014 2. Select representative to fill vacancy on the Local Agency Formation Commission – Regular Member (four-year term ending May 2018) 3. Select representative to fill vacancy on the Remote Access Network (RAN) Board – Regular Member (no specific term, but must be filled by a Mayor) V. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA VI. ADJOURN Adjourn to Mayors and Councilmembers' Association meeting AGENDA Sonoma County Library ROHNERT PARK-COTATI REGIONAL LIBRARY ADVISORY BOARD Tuesday, February 18, 2014 – 4:00 P.M. Library Conference Room - 6250 Lynne Condé Way, Rohnert Park, CA 94928 1. CONVENING & INTRODUCTIONS 2. APPROVAL OF THE MINUTES OF THE MEETING OF December 2013 3. PUBLIC COMMENTS An opportunity for members of the public to address the Board; times may be limited to three minutes at the Chair’s discretion. 4. ACTION ITEMS 5. DISCUSSION ITEMS 5.1. LABs recently were awarded an approved yearly budget of $500 for community outreach and library promotion. Discussion and possible action on the LAB Budget Policy. 5.2. Meeting time change to the third Thursday of alternate months at 6:00 pm Discussion was tabled at the December meeting pending new member applications. 6. REPORTS & UPDATES Reports and updates on library governance, management, programs, services and support group as well as City Council activities. All items are for discussion only. 6.1. LIBRARY COMMISSIONER’S REPORT 6.2. LIBRARY DIRECTOR’S REPORT 6.3. BRANCH MANAGER’S REPORT 6.4. YOUTH MEMBER’S REPORT 6.5. FRIENDS OF ROHNERT-COTATI REGIONAL LIBRARY REPORT 6.6. CITY COUNCIL LIAISONS’ REPORTS 7. ADVISORY BOARD INFORMATION ITEMS An opportunity for members of the Advisory Board to present brief, factual information, respond to public comments, place items on the next agenda, or to request information from the Library Commissioner, Director or Branch Manager. 8. ADJOURNMENT Next meeting: Tuesday, April 15, 2014 at 4:00 p.m. 24 RUSSIAN RIVER WATERSHED ASSOCIATION MEETING OF THE BOARD OF DIRECTORS February 20, 2014, 9:00 AM Windsor Town Council Chambers 9291 Old Redwood Highway, Windsor, CA 95492 The Russian River Watershed Association complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please contact Executive Director, Virginia Porter, at (707) 833-2553 with any questions. A G E N D A A. Call to Order and Introductions B. Approval of the Agenda C. Approval of Standing Items: Minutes: December 12, 2013 Board of Directors Meeting D. Guest Speaker – Heidi Sanborn, California Product Stewardship Council – Alameda safe drug disposal ordinance and program E. 2014-2015 Work Plan  Overview and changes since December  Technical Working Group recommendation  Consider for adoption F. BOD Business  Update on 2014 RRWA Officers  Urban Creek Care Guide update  Video Contest topic update  North Coast Resources Partnership (NCRP) update  Stormwater program update  Safe Medicine Disposal Program update o Outreach campaign  Quagga and Zebra Mussel Consortium o Consider recommendation of voluntary program  Recent and on-going RRWA advocacy items o Next lunch meeting with NCRWQCB staff scheduled for March 17, 2014  Next Board Meetings: o April 24, 2014 – Student Video Contest; Guest Speaker: Lesley Estes, City of Oakland Watershed and Stormwater Management Division – Trash Reduction Efforts for Lake Merritt o July 24, 2014 – Guest Speaker: TBD o September 25, 2014 – Guest Speaker: Hardeep Takhar, P.E. Caltrans District 4 – Regional Caltrans Projects, Agency Partnerships, and Stormwater Treatment o December 11, 2014 – Guest Speaker: North Coast RWQCB Executive Officer Matt St. John - dialogue with RRWA Board G. Technical Working Group Activities  Update on project team activities  Meeting schedule: Apr 8, June 10 H. Items of Interest I. Public Comment J. Adjourn