2015/06/09 City Council Resolution 2015-109RESOLUTION NO. 2015 -109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE THIRD AMENDMENT TO THE USER
AGREEMENT BETWEEN THE CITY OF SANTA ROSA AND THE CITYOF
ROHNERT PARK RELATED TO RECYLED WATER
WHEREAS, the City of Santa Rosa (Santa Rosa) and the City of Rohnert Park (Rohnert
Park), together with the cities of Cotati and Sebastopol and the South Park Sanitation District, are
partners in the Santa Rosa Subregional Water Recycling System (Subregional System); and
WHEREAS, Santa Rosa, in its role as managing partner for the Subregional Systems,
administers various user agreements with customers that use recycled water produced by the
Subregional System; and
WHEREAS, Santa Rosa and Rohnert Park are parties to a User Agreement dated March
28, 1995 (User Agreement), which has been amended once to add the Rohnert Park Pump Sewer
Lift Station to the list of approved recycled water users, and a second time to extend the term of
the User Agreement to June 30, 2015; and
WHEREAS, Santa Rosa and Rohnert Park are currently negotiating a new agreement
related to recycled water; and
WHEREAS, Rohnert Park has requested and Santa Rosa has agreed to extend the term
of the current User Agreement until September 30, 2015 to allow for completion of the
negotiations over the new agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it makes the following determinations with regard to the second amendment to the User
Agreement:
Section 1. The foregoing recitals are true and correct and material to this Resolution;
Section 2. The City Council finds and determines that entry into the second amendment to
the User Agreement will continue the use of an existing, operating recycled water system and the
City and the Subregional System have an existing agreement the permits the use of recycled
water on some City -owned sites. Amending the User Agreement to extend the term is exempt
from the California Environmental Quality Act (CEQA) under California Code of Regulations,
Title 14, Division 6, Chapter 3 (CEQA Guidelines ) Section 15301 (b) because the agreement
covers the operation, repair, maintenance, and permitting of an publicly -owned utility. The City
Manager is authorized and directed to file a Notice of Exemption pursuant to the CEQA
guidelines.
Section 3. The City Council does hereby authorize and approve the second amendment to the
User Agreement by and between the City of Santa Rosa, a municipal corporation, and the City of
Rohnert Park, a municipal corporation, for recycled water service.
Section 4. The City Manager is hereby authorized and directed to take all actions to
effectuate this second amendment for and on behalf of the City of Rohnert Park, including
execution, if necessary, in substantially similar form to the amendment attached hereto as Exhibit
"A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 9th day of June, 2015.
CITY OF ROHNERT PARK
Amy O. Ahanotu, Mayor
ATTEST:
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(2)
Exhibit A to Resolution
THIRD AMENDMENT TO USER AGREEMENT
BETWEEN THE CITY OF SANTA ROSA AND THE CITY OF ROHNERT PARK
This Third Amendment to User Agreement ( "Agreement ") dated March 28th, 1995, and
as previously amended, between the City of Santa Rosa ( "CITY ") and the City of Rohnert Park
( "USER ") (collectively, the "Parties ") is made as of this day of June 2015.
RECITALS
A. The Parties entered into Agreement related to the provision of reclaimed water (also
known as recycled water) from CITY to USER, which has been amended twice to
include the addition of the Rohnert Park Sewer Lift Station to the list of locations of
USER's application areas, and to extend the term of the Agreement to June 30, 2015;
B. The Parties now desire to further amend Agreement in order to extend the term of
Agreement pending ongoing negotiation of a new Recycled Water Supply Agreement
and to include the addition of Roberts Lake Park and Rohnert Park City Hall to the list of
locations of USER's application areas. The Parties continue to expect that the proposed,
new Recycled Water Supply Agreement will address numerous aspects of recycled water
supply to USER, including, but not limited to, the definition of a producer- distributor
relationship between CITY and USER. This producer- distributor relationship is expected
to include the transfer of Subregional Urban Reuse Customers to USER, including all
existing urban reuse customers within Rohnert Park City limits and Sonoma State
University.
AMENDMENT
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. TERM.
Section 1 of Agreement is amended to read as follows:
"The term of this Agreement shall commence on the date of this Agreement and end on
September 30, 2015, unless terminated earlier under Section 15 of the Agreement."
2. AREA OF USE (SITE).
Section 2 of Agreement is amended to read as follows:
"USER shall use reclaimed water supplied by CITY on a total of approximately 87.5 acres
(Site). The location of the Site is described in the table below and replaces all previous
descriptions of the Site.
Application Area Name Application Site Street Address Approximate Irrigation Area
Page 1 of 3
3. PRICE OF RECLAIMED WATER
Sections 11 (c) is hereby added to Agreement to read as follows:
"(c) Notwithstanding Subsections 11(a) and I I(b) above, USER agrees that if a new
Recycled Water Supply Agreement or a new User Agreement is not negotiatied and
executed prior to August 1, 2015, USER shall begin paying for all reclaimed water
supplied to Site effective August 1, 2015. USER shall pay CITY for all reclaimed water
delivered to USER at 95% of USER's current potable water retail rate.
CITY shall read USER's recycled water meter(s) approximately monthly consistent with
CITY's normal meter reading schedule for billing purposes and shall bill USER for the
total quantity delivered to USER during the billing period in accordance with CITY's
standard billing practices. USER may periodically review CITY's meter readings if
desired. USER agrees to pay CITY within 20 days of receipt of CITY's bill."
4. All other terms of Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year
above written.
Page 2 of 3
(Acres)
Rohnert Park Stadium
5900 Labath Ave.
3
Dorotea Park
901 Santa Dorotea Circle
6
............ ..
Eagle Park
1105 Emily Ave
8
Sunrise Park
5201 Snyder Lane
10
.....................
Comm. & Rec. Center
5401 Snyder Lane
7
.....................
Rainbow Park
1345 Rosana Way
2
...............
Colegio Vista Park
1150 Southwest Blvd.
6
................. -
Alicia Park
300 Arlen Drive
3
Benecia Park
7450 Santa Barbara Dr.
4
Magnolia Park
1401 Middlebrook Way
9
Public Safety Yard
500 City Hall Drive
4
Rohnert Park Lift Station
201 Jimmy Rogers Lane
15
Roberts Lake Park
5010 Roberts Lake Drive
5.5
Roberts Lake Road Park &
Ride
Roberts Lake Road at Golf
Course Drive
4.5
Rohnert Park City Hall
130 Avram Avenue
0.5
3. PRICE OF RECLAIMED WATER
Sections 11 (c) is hereby added to Agreement to read as follows:
"(c) Notwithstanding Subsections 11(a) and I I(b) above, USER agrees that if a new
Recycled Water Supply Agreement or a new User Agreement is not negotiatied and
executed prior to August 1, 2015, USER shall begin paying for all reclaimed water
supplied to Site effective August 1, 2015. USER shall pay CITY for all reclaimed water
delivered to USER at 95% of USER's current potable water retail rate.
CITY shall read USER's recycled water meter(s) approximately monthly consistent with
CITY's normal meter reading schedule for billing purposes and shall bill USER for the
total quantity delivered to USER during the billing period in accordance with CITY's
standard billing practices. USER may periodically review CITY's meter readings if
desired. USER agrees to pay CITY within 20 days of receipt of CITY's bill."
4. All other terms of Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year
above written.
Page 2 of 3
USER
CITY OF ROHNERT PARK
Name: Darrin Jenkins
Title: City Manager
Date:
Per Resolution No. 2015 - adopted
by the Rohnert Park City Council at meeting
of June 9, 2015.
CITY
CITY OF SANTA ROSA
LIMB
Name: David Guhin
Title: Director of Santa Rosa Water
ATTEST:
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
in
Michelle Marchetta Kenyon, City Attorney
Page 3 of 3