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2017/11/14 City Council Agenda Packet City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 794-9248 ♦ WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, November 14, 2017 Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/RPFA agendas and minutes may be viewed at the City’s website: www.rpcity.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” City of Rohnert Park Joint Regular Meeting Agenda November 14, 2017 for City Council/RPFA/CDC Successor Agency Page 2 of 6 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS 4. SSU STUDENT REPORT By Isabelle Briseno, Legislative Representative, Sonoma State University Associated Students, Inc. (SSU ASI) 5. DEPARTMENT HEAD BRIEFING 6. 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. 7. 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. None. B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated November 14, 2017 2. RPFA- Cash Report for Month Ending October 2017 3. Housing Successor Agency- Cash Report for Month Ending October 2017 4. Successor Agency- Cash Report for Month Ending October 2017 5. City- Cash Report for Month Ending August 2017 C. City Council Resolutions for Adoption: 1. 2017-128 Approving Agreements for Non-Exclusive Temporary Construction and Demolition Debris Box Collection Service with Industrial Carting, Pacific Sanitation and Recology Sonoma Marin 2. 2017-129 Approving a Public Improvement Agreement for the Vast Oak East In-Tract, Backbone and Hinebaugh Creek Trail Phase Two Landscaping Improvements with the University District LLC and Vast Oaks L.P. and Related Actions City of Rohnert Park Joint Regular Meeting Agenda November 14, 2017 for City Council/RPFA/CDC Successor Agency Page 3 of 6 3. 2017-130 Approving and Authorizing Execution of an Amendment to the Master Maintenance Agreement with University District LLC and Vast Oak L.P. for the Vast Oak East Development 4. 2017-131 Approving Vast Oak East Final Map Phase 2-A, Vast Oak East Final Map Phase 2-B, Vast Oak East Final Map Phase 2- C, and Vast Oak East Final Map Phase 2-D, and Accepting Offers of Dedication for Public Right-Of-Way, Public Parks, Public Utility Easements, Public Access Easements, and Drainage Easements 5. 2017-132 Authorizing the Department of Public Safety to Accept a $30,000 California Board of State and Community Corrections Funding Allocation from the Santa Rosa Police Department and to Award the Funds to Crossing the Jordan Community Outreach Program 6. 2017-133 Authorizing the Finance Director to Approve a Budget Amendment for 2007R Excess Bond Proceeds 7. 2017-134 Authorizing the 2017 Manhole Rehabilitation Project No. 2017-11, Finding the Project Exempt from CEQA, Approving and Adopting Plans and Specifications, Authorizing the Finance Director to Increase Appropriations for the Project and Awarding the Contract to H&R Plumbing and Drain Cleaning, Inc. D. Authorize the City Manager to Execute Task Order 2017-03 with Dudek for Design and Environmental Services for the Trail to Crane Creek Regional Park (Project 2007-19) for $160,000 E. Authorize the City Manager to Execute Task Order 2017-02 with LCA Architects for Construction Management Services Council Motion/Vote 8. Update on Form Based Code Downtown Charrette A. Staff Report B. Public Comments C. Council discussion/direction 9. Discussion and Direction on Retail Attraction Project A. Staff Report B. Public Comments C. Council discussion/direction 10. Discussion and Direction on an Amendment to the Franchise Agreement with Rohnert Park Disposal for Refuse, Recycling, Compost Materials, and Street Sweeping, including a Rate Increase A. Staff Report B. Public Comments C. Council discussion/direction City of Rohnert Park Joint Regular Meeting Agenda November 14, 2017 for City Council/RPFA/CDC Successor Agency Page 4 of 6 11. Discussion and Direction on Assignment of the Franchise Agreement with Rohnert Park Disposal for Refuse, Recycling, Compost Materials, and Street Sweeping to Recology Sonoma Marin A. Staff Report B. Public Comments C. Council discussion/direction 12. Consideration of Options for a Potential Future Skate Park A. Staff Report B. Public Comments C. Council discussion/direction 13. Discussion and Direction Regarding Bocce Courts at the Community Center A. Staff Report B. Public Comments C. Council discussion/direction 14. Consideration of Benicia Park Little League Field Naming A. Staff Report B. Public Comments C. Council discussion/action 15. PUBLIC HEARING (NO EARLIER THAN 6PM) INTRODUCTION OF ORDINANCE – Consideration of an Ordinance Amending Chapter 17.27 Signs of the Zoning Ordinance under Title 17 of the Rohnert Park Municipal Code A. Staff Report B. Conduct Public Hearing C. Ordinance for Introduction and Reading of Title: 1. No. 912 An Ordinance of the City of Rohnert Park, California, Amending Section 17.27.050 of Chapter 17.27 (Signs) of the Rohnert Park Municipal Code a. Council motion/discussion/roll call vote (Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __) 16. INTRODUCTION OF ORDINANCE – Consideration of Adjustments to Rohnert Park Municipal Code Chapter 9.70, Mobile Home Ordinance, Changing the Term of Office for Commissioners from Two Years to Four Years and Extending the Terms of Office of Existing Commissioners A. Staff Report B. Public Comments C. Ordinance for Introduction and Reading of Title: 1. No. 913 An Ordinance of the City of Rohnert Park Amending Chapter 9.70.030.E of the Rohnert Park Municipal Code (Mobile Home Ordinance) to Provide for a Change to Rent Appeals Board Commissioners’ Term of Office City of Rohnert Park Joint Regular Meeting Agenda November 14, 2017 for City Council/RPFA/CDC Successor Agency Page 5 of 6 a. Council motion/discussion/roll call vote (Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __) 17. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports B. Liaison Reports 1. Water Advisory Committee (11/6) 2. Sonoma Clean Power (11/9) 3. Sonoma County Transportation Authority (SCTA) (11/13) C. Other Reports 18. 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. A. Recommendation from Parks & Recreation Commission Regarding Oak Grove Park Dedication 19. MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. A. Discuss Meeting Schedule for the Week of December 25, 2017 20. PUBLIC COMMENTS Persons wishing to address the Council on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 21. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda November 14, 2017 for City Council/RPFA/CDC Successor Agency Page 6 of 6 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the November 14, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on November 9, 2017, 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 9th day of November, 2017, at Rohnert Park, California. ___________________________________________ Caitlin Saldanha, Deputy City Clerk Item No. 7B1 Item No. 7B2 Item No. 7B3 Item No. 7B4 Item No. 7B5 ITEM NO. 7C1 1 Meeting Date: November 14, 2017 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Award of Agreements for Non-Exclusive Temporary Construction and Demolition Debris Collection Service to Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin RECOMMENDED ACTIONS: 1. Approve the issuance of Non-Exclusive Temporary Construction and Demolition Debris Box Agreements to Industrial Waste & Debris Box Rentals, Inc., doing business as Industrial Carting (“Industrial Carting”); M&M Services, Inc., doing business as Pacific Sanitation (“Pacific Sanitation”); and Recology Sonoma Marin for a period of seven (7) years; and 2. Authorize the City Manager to execute the Agreements on behalf of the City of Rohnert Park with Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin. BACKGROUND & ANALYSIS: In 2011 the City Council approved the award of exclusive multiple provider franchise agreements for temporary debris box and roll-off collection services to Rohnert Park Disposal, Inc. and Industrial Carting. The term of the agreements was 4 ½ years, which expired on June 30, 2016. The agreements have been extended in six month increments with the latest extension expiring December 31, 2017. The City issued a Request for Proposals for Non-Exclusive Collection Service on September 15, 2017. The submission deadline was October 6, 2017. The City received timely responsive proposals from the following companies: • Industrial Carting; • Pacific Sanitation; and • Recology Sonoma Marin. Staff, in conjunction with the City’s consultant R3 Consulting Group, Inc., have reviewed the proposals and determined that each has met the City’s requirements. A detailed report summarizing the review is attached. Staff recommends the City Council approve new agreements with Industrial 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. 7C1 2 Carting, Pacific Sanitation, and Recology Sonoma Marin to begin collection services under the Non- Exclusive Temporary Construction and Demolition Debris Collection Service Agreement effective January 1, 2018, and further recommends authorizing the City Manager to execute and deliver on behalf of the City, a notice of intent to award the agreements to both parties. OPTIONS CONSIDERED: 1. Recommended Option: Award agreements with the three qualified vendors. 2. Alternative: The City could re-open the procurement process but is unlikely to attract additional vendors. STRATEGIC PLAN ALIGNMENT: By approving the proposed agreement awards, the City Council would be furthering Goal C of the City’s Strategic Plan by ensuring the effective delivery of public services. FISCAL IMPACT/FUNDING SOURCE: The City will receive equal payments from each selected franchisee totaling $75,000 for the cost of the procurement, including consulting costs, legal fees, and staff costs. These payments to the City will be split into two equal payments, with the first payment due no later than January 15, 2018 and the second payment due no later than January 15, 2019. The City receives 15% of gross revenues from debris box vendors via franchise fees; these fees totaled $98,468 in 2016 and may be higher during times of peak construction. Current costs are covered by the rates and fees paid by those receiving the services. The current terms of both contracts with The Ratto Group and Industrial Carting remain in full force and effect until the January 1, 2018 effective date of the new agreements. Finance Dept. Approval Date: November 2, 2017 City Manager Approval Date: November 3, 2017 City Attorney Approval Date: October 31, 2017 Attachments: 1. R3 Consulting Group’s Evaluation Report 2. Approving Resolution www.r3cgi.com 1512 Eureka Road, Suite 220, Roseville, CA 95661  Tel: 916‐782‐7821  |  Fax: 916‐782‐7824  2600 Tenth Street, Suite 424, Berkeley, CA 94710  Tel: 510‐647‐9674 627 S. Highland Avenue, Suite 300, Los Angeles, CA 90036  Tel: 323‐559‐7470    Purpose and Background  The purpose of this memorandum is to present an evaluation and analysis of the proposals submitted in  response to the City of Rohnert Park’s (City) Request for Proposals (RFPs) for Non‐Exclusive Temporary  Construction and Demolition Debris Collection Service (Collection Services), for a projected start date of  January 1, 2018.  The City released the RFPs for Non‐Exclusive Collection Service on September 15, 2017. The Proposal  Submission Deadline was October 6, 2017.  The deadline for questions on the RFP from the proposers was on September 25, 2017. An Addendum to  the RFP was released on September 26, 2017, which has been acknowledged and signed by all proposers.  The purpose of the Addendum was to clarify proposers’ questions and provide additional data.   The  City  received  proposals  for  the  Non‐Exclusive  Temporary  Construction  and  Demolitions  Debris  Collection Service RFP from the following companies:  Industrial Carting; Pacific Sanitation; and Recology. Initial Pass/Fail Compliance Check  Three proposals were received for this Collection Service RFP.  All three passed the Initial Pass/Fail Compliance Check. To: Don Schwartz, City of Rohnert Park  From:  Carrie Baxter, R3 Consulting Group, Inc.  Date:  October 26, 2017  Subject:  Comparison of Applications Submitted for Non‐Exclusive Temporary Construction and  Demolition Debris Collection Service  Attachment 1 to Staff Report Mr. Don Schwartz  October 20, 2017  Page 2 of 11  Proposal Evaluation  Proposal Submittal Requirements  Proposers were required to submit an electronic copy by email, and two hard copies of their application,  supporting documentation and a signed Agreement to the City by 1:00 p.m. PDT on October 6, 2017.    All three proposers met these submittal requirements.    Section 1: Company and Subcontractor Identification  Proposers were required to provide the Business Name or Name of the Company or Corporation, along  with company or corporate office address and phone information. They were also required to provide the  name, address and phone information of all subcontractors directly involved in collection, processing, or  disposal operations.   All three proposers provided sufficient contact information, including  their office addresses,  phone information and website or email address.   o Recology has entered into an Asset Purchase Agreement to acquire substa ntially all assets  of The Ratto Group, including the Material Recovery Facility located at 3417 Standish Ave  in Santa Rosa, as well as the facility located at 3400 Standish Ave. The acquisition is  expected to be completed in October of 2017. Recology will own these facilities by the  time service begins on January 1, 2018. This proposal is submitted under the assumption  that the asset purchase will close as expected in 2017. Recology will notify the City of  Rohnert Park of any delay or changes if the Asset Purchase Agreement is not completed  before January 1, 2018.   o Industrial Carting  stated  that  they  have  common  ownership  with  Global  Materials  Recovery Services, 3899 Santa Rosa Ave. in Santa Rosa.  o Pacific Sanitation stated no subcontractors or notable comments.    Section 2: Company Qualifications  Proposers were asked to identify key staff persons, an address and phone of local contact and a City  business license number, as well as to provide references for three governmental clients and litigation  history.   The proposers were also to provide a letter of commitment from a qualified insurance carrier. If applicants  do not submit a certificate of insurance by December 15, 2017, the Application will be rejected.   The proposer must submit a performance bond in an amount of $10,000.00 within ten calendar days from  the date the City awards and executes the Agreement. If the proposer does not submit a performance  bond they must provide, as part of the Application, a letter of credit from a State of California License  Surety Company acceptable to the City in form and content.    All three proposers provided key staff persons, local contact information and references for three  governmental clients.    All three proposers provided  their litigation history for the past 5 years. The following is a  summary of litigation history reviewed by R3:  Mr. Don Schwartz  October 20, 2017  Page 3 of 11  o Industrial Carting had no litigation history.   o Pacific  Sanitation  submitted  documentation  outlining  and  explaining  their  litigation  history for the last 5 years. Pacific Sanitation gave a full list of incidents, regardless of the  incidents impact on this contract, with all the resulting outcomes of each incident. Pacific  Sanitation noted that around April 2013 they were issued 2 citations from Cal‐Osha for an  accident on a job site. One citation was issued not wearing leather gloves, and the other  was for not properly training lift gate procedures. These citations were appealed, and one  was dismissed.  o Recology had no litigation history.    All three proposers provided commitment letters or current insurance coverage to meet the City’s  requirements.   All three proposers provided documentation for the Performance Bond with either a letter of  credit from a surety company or a current performance bond.    Section 3: Technical Approach  Proposers were asked to provide a description of the manner in which the requested serviced are to be  provided, including the following:   Method to reduce wear‐and‐tear and damage on the City’s streets;   Methods used to tarp or cover loads;   Customer outreach and load inspection program;   Vehicle and container maintenance program;   Hazardous Waste and Universal Waste Management Protocol;   Health and safety management procedures;    The number of collection vehicles operating within the City of Rohnert Park, with a list of the  vehicles including information on the make, model number, capacity, year, VIN, license number,  and fuel type; and   Facility information for all proposed recycling, transfer/processing, and disposal facilities.    Industrial Carting  Industrial Carting proposed the following:   Use of lighter 6‐wheeler trucks.    Truck routes to use major thoroughfares to minimize traffic on residential streets and to reduce  the wear and tear on the City’s streets.    Provide clear instructions about how to load debris boxes.    Offer smaller boxes to customers describing collection material as “heavy” such as rock, dirt,  sheetrock, etc.   Mr. Don Schwartz  October 20, 2017  Page 4 of 11   Heavy‐duty tarps will be attached to full debris boxes before loading them onto the truck.    A “Conditions of Use” form is signed by customers, informing them of restrictions and guidelines  for use of the debris box.   Vehicle maintenance will be maintained at Industrial Carting’s corporation yard in Santa Rosa. All  equipment is maintained regularly and complies with the California Vehicle Code.   Workers are trained to identify types of materials that are hazardous or otherwise not accepted  at the facility. If found, forms are completed, and generators are required to collect and properly  dispose of the hazardous material.   Each employee receives a safety orientation and employee handbook containing the company’s  safety policy, job instructions, job descriptions, and instruction  on  hazardous  materials.  In  addition, safety meetings are held monthly.  Industrial Carting has listed 4 vehicles for use in this Collection Service agreement:  Table 1: Industrial Carting’s Collection Vehicle List  Make Model  Number Capacity Year VIN Vehicle  License No.  Fuel  Type AutoCar  Roll‐off  54,999 lbs.  2017  5VCACLVF4H  H223619 *Waiting for  new plates Diesel  AutoCar  Roll‐off  54,999 lbs.  2008  5VCSC6JF88H  205841 8U57823  Diesel  Freightliner  Roll‐off  54,999 lbs.  1990  1FUYZCYBXC  H410741 5E76102  Diesel  Hino  Bin Truck  20,000 lbs.  2007  5PVNJ8JT1725  551134 8E30343  Diesel  *New Vehicle, waiting for DMV to issue plates and registration card.     Pacific Sanitation  Pacific Sanitation proposed the following:   Longer wheel base trucks are used to lessen the vehicle impact on the City’s streets.    Wood is placed under the wheels of debris boxes to lessen the impact the wheels will have on the  asphalt.    Drivers are trained to assess the weight of the containers on site. In the event that a debris box is  too  heavy,  a  supervisor  is  notified  and  informs  the  customer  that the container cannot be  removed until they lighten the load.    Auto truck tarpers, or conventional heavy tarps are used to tarp or cover loads.    A Customer Service Representative informs customers of the materials that are acceptable and  unacceptable for the collection containers.    All the debris boxes are labeled with stickers outlining unacceptable materials.   Mr. Don Schwartz  October 20, 2017  Page 5 of 11   Upon covering all loads, the driver performs a visual inspection of the contents in the debris box.  Should  unacceptable  material be found, the customer is asked to remove  them before the  container is removed.    Strictly enforce a 90‐day maintenance and safety inspection program, which is documented.    All containers are maintained as needed to be in a safe, serviceable and functional condition.    Workers perform visual checks before picking up a debris container. If a hazardous material is  found, the customer is notified and required to remove it before the debris box is removed. If a  hazardous material is not identified until after the removal of a debris box, the legal regulatory  actions are taken to remove said hazardous material.    Performs monthly safety meetings, which cover any incidents that occurred during the previous  period. All incidents are reviewed by a safety committee and addressed accordingly. Pacific  Sanitation also has a written Hazardous Materials Business Plan, Fire Prevention, Control and  Mitigation Plan, Injury and Illness Prevention Program, and Storm Water Plan.    Employee training is an ongoing process, and employees are provided with personal protective  equipment.   Pacific Sanitation listed 10 vehicles for use in this Collection Service agreement:     Table 2: Pacific Sanitation’s Collection Vehicles  Vehicle  ID Make Model  Number Capacity Year VIN Vehicle  License No.  Fuel  Type D‐13  Peterbilt  340  60,000 lbs.  2008  2NDRLN9X48  M760323 8J14848  Diesel  D‐14  Peterbilt  340  60,000 lbs.  2008  2NHRLN9X68  M760923 8J77877  Diesel  D‐21  Kenworth  T800  54,500 lbs.  2000  1VKDU19X4Y  S850545 19734E1  Diesel  D‐22  Kenworth  T800  60,000 lbs.  2014  1NKDLP0X0E  J410182 66718L1  Diesel  D‐23  Peterbilt  567  60,000 lbs.  2015  1NPCL70X5F  D299067 77063T1  Diesel  D‐24  Peterbilt  567  60,000 lbs.  2016  1NPCL70X1G  D354714 56674X1  Diesel  D‐25  Peterbilt  567  60,000 lbs.  2017  1NPCL70X4G  D410310 56830Z1  Diesel  D‐26  Peterbilt  567  60,000 lbs.  2018  1NPCL70X7J  D451133 06463C2  Diesel  D‐27  Kenworth  T880  60,000 lbs.  2018  1NKZLP0X6H  J141258 83924A2  Diesel  D‐19  AutoCar  WX64  60,000 lbs.  2005  5VCDCMF15H  201685 8K53116  Diesel    Mr. Don Schwartz  October 20, 2017  Page 6 of 11  Recology  Recology proposed the following:   Onboard tablet‐based electronic routing system to provide updated and efficient routes, while  allowing supervisors to monitor progress and get updates on any route or delivery issues.    All collection vehicles are equipped with either manual or automatic cover systems   All Construction and Demolition debris boxes will have labels listing all prohibited materials to  educate customers.    Recology’s Vehicle Maintenance Program features Preventative Maintenance, Vehicle Condition  Reports, and a 63‐point scheduled Safety Inspections. The Preventative Maintenance is done  using a computer system to log the number of hours the vehicle is in use to determine when the  vehicle needs to be serviced next. Vehicle Condition Reports are required to be done before and  after each shift by the drivers to identify any machine defects, leaks, or necessary repairs or  adjustments needed. Recology’s container maintenance program ensure that all containers are  kept in good condition to prevent leaks.    Recology has a standardized Load Check Policy designed to screen for hazardous waste, universal  waste and any other prohibited materials. Employees are trained in the policy as applicable to  their job function. Loads containing hazardous materials are rejected immediately.   Recology’s safety program complies with Federal, State, and Local laws, regulations, and industry  best standards. Recology has an Illness & Injury Prevention Plan (IIPP), which includes guidance  on responding to general chemical, physical, and biological hazards. Recology’s IIPP is reviewed  and updated annually.    All drivers receive safety training, and are required to attend monthly safety meetings, followed  by weekly safety tailgate meetings held by supervisors.   Recology has listed two collection vehicles for use in this Collection Service agreement:    Table 3: Recology’s Collection Vehicles  Make Model  Number Capacity Year VIN Vehicle License  No.  Fuel Type  Volvo     27.5 Tons  2015  4V5KC9EH9FN  923091 12795Z1 Renewable  Diesel  AutoCar  ACX  27.5 Tons  2005  5VCDC6MF15  H201542 8B97944 Renewable  Diesel    All proposers were required to list the proposed Recycling Facilities, Transfer/Processing Facilities, and  the Disposal Facilities utilized for this Agreement. Table 4 shows a comparison of the proposed facilities.  Mr. Don Schwartz  October 20, 2017  Page 7 of 11  Table 4: Comparison of Recycling, Transfer, and Disposal Facilities Proposed  Recycling Facilities   Proposer Facility Name Address Material Types  Accepted Processing/ Tip Fee  Daily  Permitted  Capacity  (TPD)  Local Land  Use Permit  Number  CalRecycle  SWFP#          Industrial  Carting                    Industrial  Carting    Redwood Landfill  and Recycling  Center   8950 Redwood Hwy.,  Novato, CA 94948  Asphalt,  Concrete, Other  inerts for  recycling  $40 per cubic yard plus  variable  fees/surcharge per  load  2300  N/A  21‐AA‐0001  Waste  Management  Earthcare of Marin   8950 Redwood Hwy.,  Novato, CA 94948  Clean wood,  other organics  for composting  $33 per cubic yard plus  variable  fees/surcharge per  load  514  N/A  21‐AA‐0068  CASS (Custom  Alloy)  2730 Peralta S.,  Oakland, CA 94607 Metals  N/A  No Limits  N/A  N/A  Sims Metals  Management   600 S. 4th St.,  Richmond, CA 94804  Metals  N/A  No Limits  N/A  N/A  Schnitzer Steel  1101 Embarcadero  West, Oakland, CA  94607   Paper  N/A  No Limits  N/A  N/A  Pacific  Sanitation  Stony Point Rock  Quarry  7171 Stony Point Rd  Cotati, CA 94931  Concrete &  Aggregate $10/Load  N/A  PLP09‐0004  N/A  Recology Healdsburg  Transfer Station  166 Alexander Valley  Rd Healdsburg, CA  95448  Mixed Municipal  Mixed C&C: $154/ton  Clean Concrete:  $58/ton  Clean Wood: $113/ton Clean Green Waste:  $113/ton  Inert: $58/ton  720  T‐017448  49‐AA‐0245    Transfer/Processing Facilities   Proposer Facility Name Address Material Types  Accepted Processing/ Tip Fee  Daily  Permitted  Capacity  (TPD)  Local Land  Use Permit  Number  CalRecycle  SWFP#  Industrial  Carting  Global Materials  Recovery Services  (Industrial Carting  Affiliate Company)  3899 Santa Rosa  Ave., Santa Rosa, CA  95407  Construction and  Demolition  Debris,  Recyclable  Materials and  Green Waste  $115.00 per ton  543.5  PLP 01‐0064  49‐AA‐0390   M&M Services, Inc.  Dba; WMRF  590 Caletti Ave  Windsor, CA 65492  Construction,  Demolition, and  Inert Material  $117.00/ton Gate Rate  175  Conforming  Use 49‐AA‐0398        Pacific  Sanitation  Healdsburg Transfer  Station  166 Alexander Valley  Rd Healdsburg, CA  95448  Construction/de molition,  Industrial Mixed  municipal, Wood  waste, Other  designated  $117.00/ton Gate Rate  720  MND  SCH2005112 071  (12/1/87)  49‐AA‐0245  Mr. Don Schwartz  October 20, 2017  Page 8 of 11  Transfer/Processing Facilities   Proposer Facility Name Address Material Types  Accepted Processing/ Tip Fee  Daily  Permitted  Capacity  (TPD)  Local Land  Use Permit  Number  CalRecycle  SWFP#   Central Transfer  Station  500 Meacham Rd  Petaluma, CA 94952  Construction/de molition,  Industrial Mixed  municipal, Wood  waste, Other  designated  $117.00/ton Gate Rate  1,500  SMNDUPE  13‐0065 49‐AA‐0404  Recology Healdsburg Transfer  Station  166 Alexander Valley  Rd Healdsburg, CA  95448  Mixed Municipal  Mixed C&C: $154/ton  Clean Concrete:  $58/ton  Clean Wood: $113/ton Clean Green Waste:  $113/ton  Inert: $58/ton  720  T‐017448  49‐AA‐0245    Disposal Facilities  Proposer Facility Name Processing/Tip Fee  Industrial  Carting Sonoma County Landfill/Transfer System  $117.50 per ton  Pacific  Sanitation Sonoma County Landfill/Transfer System  $117.50 per ton  Recology  Sonoma County Landfill/Transfer System  Mixed C&C: $154/ton  Clean Concrete: $58/ton  Clean Wood: $113/ton  Clean Green Waste: $113/ton  Inert: $58/ton    Section 4: Minimum Diversion Requirements  The Agreement states that the Franchisee will be responsible for delivering all materials the Franchisee  collects to a permitted and licensed Processing Facility for processing prior to disposal.    All three proposers acknowledged and signed Section 4 of the submitted proposal.    Section 5: Franchise Fee  The Agreement states that the Franchise Fee of 15% will be paid directly to the City on a quarterly basis  by the fifteenth (15th) day of the following quarter.    All three proposers acknowledged and signed Section 5 of the submitted proposal.     Section 6: Reimbursement of the Cost of Procurement  The Agreement states that the maximum reimbursement for the cost of this procurement process set by  the City will be $75,000.00. As per the RFP Application, all proposers must agree to Section 2.4.9:  Reimbursement for the Cost of this Procurement Process. The RFP states that the awarded proposers will  Mr. Don Schwartz  October 20, 2017  Page 9 of 11  split the procurement cost of $75,000.00 equally. In the scenario that all three proposers are accepted,  payment of $25,000.00 will be expected from each of the proposing companies. These payments to the  City will be split into two equal payments ($12,500.00), with the first payment due no later than January  15, 2018 and the second payment due no later than January 15, 2019.    All three proposers acknowledged and signed Section 6 of the submitted proposal.    Section 7: Application Certification   All  three  proposers  acknowledged  and  signed  Section  7  of  the  submitted  proposal  with  no  exceptions made.    Section 8 – Form A: Certification of Non‐Gratuities   All three proposers acknowledged and signed Section 8: Form A of the submitted proposal with  no exceptions made.    Section 8 – Form B: Non‐Collusion Affidavit of Applicant   All three proposers acknowledged and signed Section 8: Form B of the submitted proposal with  no exceptions made.     Section 8 – Form C: Process Integrity Rules   All three proposers acknowledged and signed Section 8: Form C of the submitted proposal with  no exceptions made.    Section 9: Proposed Initial Maximum Rates  Proposers were required to submit proposed initial processing rates to the City in the event only one  franchisee is operating in the City.     Table 5, on the following page, shows a comparison of the three proposed rates for various disposal  material.     Mr. Don Schwartz  October 20, 2017  Page 10 of 11    Table 5: Comparison between Proposed Initial Maximum Rates   8CY 10CY 20CY 30 CY 40CY  Mixed C&D  Industrial Carting  Processing Fee $135.00  Pull Only $325.00  $350.00  $350.00  $350.00   $375.00  Pacific Sanitation     Processing Fee $135.00  Pull Only $400.00  $450.00  $475.00  $500.00   $525.00  Recology   Processing Fee $154.00  Pull Only $193.00  $193.00  $208.00  $216.00   $224.00  Clean Concrete Only  Industrial Carting  Processing Fee $135.00  Pull Only $325.00  $350.00  $350.00  $350.00   $375.00  Pacific Sanitation    Processing Fee $50.00  Pull Only $400.00  $450.00  $475.00  $500.00   $525.00  Recology   Processing Fee $58.00  Pull Only $177.00  $177.00  $192.00  $200.00   $208.00  Clean Wood Only  Industrial Carting Processing Fee $135.00  Pull Only $325.00  $350.00  $350.00  $350.00   $375.00  Pacific Sanitation     Processing Fee $100.00  Pull Only $400.00  $450.00  $475.00  $500.00   $525.00  Recology   Processing Fee $113.00  Pull Only $177.00  $177.00  $192.00  $200.00   $208.00  Clean Green Waste Only  Industrial Carting  Processing Fee $135.00  Pull Only $325.00  $350.00  $350.00  $350.00   $375.00  Pacific Sanitation     Processing Fee $100.00  Pull Only $400.00  $450.00  $475.00  $500.00   $525.00  Recology   Processing Fee $113.00  Pull Only $177.00  $177.00  $192.00  $200.00   $208.00  Inerts (Dirt & Rocks)  Industrial Carting  Processing Fee $135.00  Pull Only $325.00  $350.00  $350.00  $350.00   $375.00  Pacific Sanitation    Processing Fee $100.00  Pull Only $400.00  $450.00  $475.00  $500.00   $525.00  Recology   Processing Fee $58.00  Pull Only $177.00  $177.00  $192.00  $200.00   $208.00  Mr. Don Schwartz  October 20, 2017  Page 11 of 11  Finding and Recommendation  Proposals  from  all  three  companies,  Industrial  Carting,  Pacific Sanitation, and Recology, passed the  application  evaluation  process.  Based  on  the  requirements  outline  in  the  RFP,  all  three  companies  qualified to provide collection services under the Non‐Exclusive Temporary Construction and Demolition  Debris Collection Service Agreement.   R3 recommends the City execute new agreements with each of the three proposers to begin Collection  Services on January 1, 2018.   1 2017-130 RESOLUTION NO. 2017-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AGREEMENTS FOR NON-EXCLUSIVE TEMPORARY CONSTRUCTION AND DEMOLITION DEBRIS BOX COLLECTION SERVICE WITH INDUSTRIAL CARTING, PACIFIC SANITATION AND RECOLOGY SONOMA MARIN WHEREAS, Rohnert Park Municipal Code section 8.12.200 requires that waste collection services be provided by contract; WHEREAS, the existing non-exclusive franchise agreements for temporary debris box services with Industrial Carting and Rohnert Park Disposal, Inc. expire on December 31, 2017; WHEREAS, on September 15, 2017, the City issued its Request for Proposal for Non- Exclusive Temporary Construction and Demolition Debris Collection Service; WHEREAS, proposals were timely received for non-exclusive temporary construction and demolition debris box collection service from Industrial Waste & Debris Box Rentals, Inc., doing business as Industrial Carting (“Industrial Carting”), M&M Services, Inc., doing business as Pacific Sanitation (“Pacific Sanitation”), and Recology Sonoma Marin; WHEREAS, all applications passed the initial screening test for responsiveness and have satisfied appropriate City requirements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it hereby accepts and approves the proposals submitted by Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin, and approves the award of a non-exclusive franchise to Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin for temporary construction and demolition debris collection service. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves the Non-Exclusive Temporary Construction and Demolition Debris Collection Service Agreement, incorporated by reference, subject to minor revisions by the City Attorney or City Manager. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and deliver on behalf of the City of Rohnert Park, agreements with Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin, in substantially similar form as approved by the City Council, and take other actions as may be necessary and appropriate to effectuate the award of the non-exclusive franchise. 2 2017-130 DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14th day of November, 2017. CITY OF ROHNERT PARK _________________________ Jake Mackenzie, Mayor ATTEST: ____________________________________ JoAnne M. Buergler, City Clerk AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) 1 2017-128 RESOLUTION NO. 2017-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AGREEMENTS FOR NON-EXCLUSIVE TEMPORARY CONSTRUCTION AND DEMOLITION DEBRIS BOX COLLECTION SERVICE WITH INDUSTRIAL CARTING, PACIFIC SANITATION AND RECOLOGY SONOMA MARIN WHEREAS, Rohnert Park Municipal Code section 8.12.200 requires that waste collection services be provided by contract; WHEREAS, the existing non-exclusive franchise agreements for temporary debris box services with Industrial Carting and Rohnert Park Disposal, Inc. expire on December 31, 2017; WHEREAS, on September 15, 2017, the City issued its Request for Proposal for Non- Exclusive Temporary Construction and Demolition Debris Collection Service; WHEREAS, proposals were timely received for non-exclusive temporary construction and demolition debris box collection service from Industrial Waste & Debris Box Rentals, Inc., doing business as Industrial Carting (“Industrial Carting”), M&M Services, Inc., doing business as Pacific Sanitation (“Pacific Sanitation”), and Recology Sonoma Marin; WHEREAS, all applications passed the initial screening test for responsiveness and have satisfied appropriate City requirements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it hereby accepts and approves the proposals submitted by Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin, and approves the award of a non-exclusive franchise to Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin for temporary construction and demolition debris collection service. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves the Non-Exclusive Temporary Construction and Demolition Debris Collection Service Agreement, incorporated by reference, subject to minor revisions by the City Attorney or City Manager. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and deliver on behalf of the City of Rohnert Park, agreements with Industrial Carting, Pacific Sanitation, and Recology Sonoma Marin, in substantially similar form as approved by the City Council, and take other actions as may be necessary and appropriate to effectuate the award of the non-exclusive franchise. Supplemental Item Agenda Item #7.C.1 City Council Meeting 11/14/2017 2 2017-128 DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14th day of November, 2017. CITY OF ROHNERT PARK _________________________ Jake Mackenzie, Mayor ATTEST: ____________________________________ JoAnne M. Buergler, City Clerk AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ROHNERT PARK November 14, 2017 Page 1 of 42 Non-Exclusive Temporary Construction and 1 Demolition Debris Collection Service Agreement 2 3 Executed Between the 4 City of Rohnert Park 5 And 6 _________________________ 7 8 9 10 11 This ___ day of _____ 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Supplemental Item No. 2 Agenda Item #7C1 City Council Meeting November 14, 2017 CITY OF ROHNERT PARK November 14, 2017 Page 2 of 42 This page intentionally left blank. 36 CITY OF ROHNERT PARK November 14, 2017 Page 3 of 42 TABLE OF CONTENTS 37 Non-Exclusive Temporary Construction and Demolition Debris 38 Collection Service Agreement 39 ARTICLE 1. DEFINITIONS ........................................................................................ 6 40 ARTICLE 2. TERM OF AGREEMENT ...................................................................... 10 41 ARTICLE 3. SERVICES PROVIDED BY THE FRANCHISEE .................................. 10 42 ARTICLE 4. RATES, BILLING AND PAYMENTS ..................................................... 15 43 ARTICLE 5. MINIMUM DIVERSION REQUIREMENTS ........................................... 16 44 ARTICLE 6. COLLECTION EQUIPMENT ................................................................ 17 45 ARTICLE 7. FRANCHISEE’S OFFICE ..................................................................... 19 46 ARTICLE 8. RECORD KEEPING & REPORTING REQUIREMENTS ..................... 19 47 ARTICLE 9. NONDISCRIMINATION ........................................................................ 21 48 ARTICLE 10. SERVICE INQUIRIES AND COMPLAINTS ........................................ 21 49 ARTICLE 11. QUALITY OF PERFORMANCE ......................................................... 21 50 ARTICLE 12. AGREEMENT COMPLIANCE ............................................................ 25 51 ARTICLE 13. PERFORMANCE BOND .................................................................... 25 52 ARTICLE 14. INSURANCE ...................................................................................... 26 53 ARTICLE 15. INDEMNIFICATION ............................................................................ 28 54 ARTICLE 16. DEFAULT ........................................................................................... 30 55 ARTICLE 17. MODIFICATIONS TO THE AGREEMENT .......................................... 32 56 ARTICLE 18. LEGAL REPRESENTATION ............................................................... 3 3  57 ARTICLE 19. FINANCIAL INTEREST ...................................................................... 33 58 ARTICLE 20. FRANCHISEE’S PERSONNEL .......................................................... 33 59 ARTICLE 21. INDEPENDENT FRANCHISEE .......................................................... 34 60 ARTICLE 22. LAWS TO GOVERN ........................................................................... 34 61 ARTICLE 23. CONSENT TO JURISDICTION .......................................................... 34 62 ARTICLE 24. ASSIGNMENT .................................................................................... 34 63  64  65 CITY OF ROHNERT PARK November 14, 2017 Page 4 of 42 ARTICLE 25. COMPLIANCE WITH LAWS .............................................................. 35 66 ARTICLE 26. PERMITS AND LICENSES ................................................................ 36 67 ARTICLE 27. OWNERSHIP OF WRITTEN MATERIALS ......................................... 36 68 ARTICLE 28. WAIVER ............................................................................................. 36 69 ARTICLE 29. PROHIBITION AGAINST GIFTS ........................................................ 37 70 ARTICLE 30. POINT OF CONTACT ........................................................................ 37 71 ARTICLE 31. CONFLICT OF INTEREST ................................................................. 37 72 ARTICLE 32. NOTICES ........................................................................................... 37 73 ARTICLE 33. FRANCHISEE’S RECORDS .............................................................. 38 74 ARTICLE 34. ENTIRE AGREEMENT ....................................................................... 38 75 ARTICLE 35. SEVERABILITY .................................................................................. 39 76 ARTICLE 36. RIGHT TO REQUIRE PERFORMANCE ............................................ 39 77 ARTICLE 37. ALL PRIOR AGREEMENTS SUPERSEDED ..................................... 39 78 ARTICLE 38. HEADINGS ........................................................................................ 39 79 ARTICLE 39. REPRESENTATIONS AND WARRANTIES OF FRANCHISEE .......... 39 80 ARTICLE 40. EFFECTIVE DATE ............................................................................. 41 81 82 CITY OF ROHNERT PARK November 14, 2017 Page 5 of 42 CITY OF ROHNERT PARK 83 This “AGREEMENT” is made and entered into this ___ day of _______, 2017 (“Effective Date”), 84 by and between the City of Rohnert Park, a California municipal corporation, (hereinafter referred 85 to as "CITY") and ____________, a California [corporation], (hereinafter referred to as 86 "FRANCHISEE”). 87 RECITALS 88 WHEREAS, the Legislature of the State of California, by enactment of the California Integrated 89 Waste Management Act of 1989 (“Act”) and subsequent additions and amendments (codified at 90 California Public Resources Code Section 40000 et seq.), has declared that it is in the public 91 interest to authorize and require local agencies to make adequate provisions for Solid Waste 92 Collection within their jurisdiction; and, 93 WHEREAS, the State of California (the “State”) has found and declared that the amount of Solid 94 Waste generated in California, coupled with diminishing landfill space and potential adverse 95 environmental impacts from landfilling and the need to conserve natural resources, have created 96 an urgent need for State and local agencies to enact and implement an aggressive integrated 97 waste management program. The State has, through enactment of the Act, directed the 98 responsible State agency, and all local agencies, to promote disposal site Diversion and to 99 maximize the use of feasible Solid Waste reduction, re-use, recycling, and Composting options in 100 order to reduce the amount of Solid Waste that must be disposed of in disposal sites; and, 101 WHEREAS, the CITY Council of the CITY (the “City Council”) has determined through a 102 competitive procurement process for Non-Exclusive Temporary Construction and Demolition 103 Debris Collection Service that FRANCHISEE, by demonstrated experience, reputation and 104 capacity, is qualified to provide for the Non-Exclusive Temporary Construction and Demolition 105 Debris Collection Service within the corporate limits of the CITY, the transportation of such 106 material to appropriate places for processing, recycling, Composting and/or disposal; and the 107 processing of materials; and City Council desires that FRANCHISEE be engaged to perform such 108 services on the basis set forth in this AGREEMENT; and 109 WHEREAS, the FRANCHISEE, through its proposal to the CITY, has proposed and represented 110 that it has the ability and capacity to provide for the Non-Exclusive Temporary Construction and 111 Demolition Debris Collection Service within the corporate limits of the CITY; the transportation of 112 such material to appropriate places for processing, recycling, Composting and/or disposal; and 113 the processing of materials; and 114 WHEREAS, this AGREEMENT has been developed by and is satisfactory to the CITY and the 115 FRANCHISEE. 116 NOW, THEREFORE, in consideration of the mutual covenants, conditions, and consideration 117 contained herein, the CITY and FRANCHISEE hereby agree as hereinafter set forth: 118 119 CITY OF ROHNERT PARK November 14, 2017 Page 6 of 42 ARTICLE 1. Definitions 120 For the purpose of this Collection Service Agreement, hereinafter referred to as "AGREEMENT,” 121 the definitions contained in this Article shall apply unless otherwise specifically stated. If a word 122 or phrase is not defined in this Article, the definition of such word or phrase as contained the City 123 Municipal Code shall control. When not inconsistent with the context, words used in the present 124 tense include the future, words in tfhe plural include the singular, and words in the singular include 125 the plural. Use of the masculine gender shall include the feminine gender. 126 1.01 AB 939. The California Integrated Waste Management Act (California Public 127 Resources Code Sections 40000 et al.) redefined solid waste management in an effort to reduce 128 the volume and toxicity of solid waste that is landfilled and incinerated by requiring local 129 governments to prepare and implement plans to improve the management of waste resources. 130 1.02 AGREEMENT. This written document and all amendments thereto, between the 131 CITY and the FRANCHISEE, governing the provision of Non-Exclusive Temporary Construction 132 and Demolition Debris Collection Service as provided herein. 133 1.03 Agreement Year. Each twelve (12) month period from January 1st to December 134 31st, beginning January 1, 2018. 135 1.04 Applicable Law. For purposes of this AGREEMENT, Applicable Laws includes 136 without limitation, AB 341, AB 939, AB 1594, AB 1826, SB 1016 and all amendments and related 137 subsequent legislation. 138 1.05 Bin. A metal container, with a capacity of one (1) to eight (8) cubic yards of 139 Construction and Demolition Debris, designed or intended to be mechanically dumped into a 140 loader packer type truck that is approved for such purpose by the CITY. 141 1.06 Biohazardous or Biomedical Waste. Any waste which may cause disease or 142 reasonably be suspected of harboring pathogenic organisms; including waste resulting from the 143 operation of medical clinics, hospitals, and other facilities processing wastes which may consist 144 of, but not limited to, human and animal parts, contaminated bandages, pathological specimens, 145 hypodermic needles, sharps, contaminated clothing and surgical gloves. 146 1.07 CalRecycle. California’s Department of Resources Recycling and Recovery 147 (CalRecycle) administers and provides oversight for all of California’s state-managed waste 148 handling and recycling programs. 149 1.08 Change in Law. Any change in (or any new) laws, ordinances, rules, regulations, 150 orders, judgments, decrees, interpretations, decisions or permit requirements, of or by any 151 federal, state or local governmental entity (collectively “Applicable Laws”), applicable on or after 152 the Effective Date. 153 1.09 CITY. The City of Rohnert Park, California. 154 1.10 City Representative. That person, or their designee, designated by the CITY to 155 administer and monitor the provisions of this AGREEMENT. 156 1.11 Collection Service. See Non-Exclusive Temporary Construction and Demolition 157 Debris Collection Service. 158 1.12 Commercial Service Unit. Any combination of retail, professional, wholesale 159 and industrial facilities, place of business and other commercial enterprises in the Service Area 160 utilizing a common cart or Bin for the accumulation and set-out of Solid Waste. 161 CITY OF ROHNERT PARK November 14, 2017 Page 7 of 42 1.13 Composting. The controlled biological decomposition of Organic Waste into a 162 specific mixture of decayed organic matter meeting the definition of “compost” in Public 163 Resources Code Section 40116. 164 1.14 Construction and Demolition Debris. Commonly used or discarded materials 165 removed from construction, remodeling, repair, demolition, or renovation operations on any 166 pavement, house, commercial building, or other structure, or from landscaping. Such materials 167 include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, 168 aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, 169 masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood 170 scraps, scrap metal, building materials, packaging and rubble resulting from Construction, 171 remodeling, renovation, repair and demolition operations on pavements, houses, commercial 172 buildings and other structures. With the exception of soil, dirt, concrete, and asphalt, Construction 173 and Demolition Debris does not include Garbage and Exempt Waste. 174 1.15 Container. A Bin or Roll-off Container provided by FRANCHISEE to Service 175 Recipients for the collection of Construction and Demolition Debris. 176 1.16 County. Sonoma County, California 177 1.17 Disposal Facility. The Sonoma County Landfill/Transfer System owned by 178 Sonoma County for the disposal of Garbage, Processing Residue, and other materials as 179 appropriate. 180 1.18 Diversion. Activities that reduce or eliminate the amount of solid waste, garbage, 181 green waste, and construction and demolition debris that is disposed of in a solid waste or other 182 permitted landfill. 183 1.19 Dwelling Unit. Any individual living unit in a single-family dwelling (SFD) or multi-184 family dwelling (MFD) structure or building intended for, or capable of being utilized for, residential 185 living other than a hotel or motel. 186 1.20 Effective Date. The date this AGREEMENT is executed. 187 1.21 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, 188 automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-189 acid batteries, any matter or materials which are not acceptable for disposal at a Solid Waste 190 landfill as defined in the Act and those wastes under the control of the Nuclear Regulatory 191 Commission. 192 1.22 Food Waste. Food scraps and trimmings and other putrescible waste that result 193 from food production, preparation, cooking, storage, consumption or handling. Food Waste 194 includes but is not limited to: meat, fish and dairy waste, fruit and vegetable waste and grain 195 waste. Food Waste does not include Exempt Waste. 196 1.23 Franchise Fee. The payment made by FRANCHISEE to CITY for the privilege of 197 providing Collection Services. 198 1.24 FRANCHISEE. The other party to this AGREEMENT. 199 1.25 Garbage. All putrescible and non-putrescible solid, semi-solid and associated 200 liquid waste, as defined in California Public Resources Code Section 40191. Garbage does not 201 include those items defined herein as Construction and Demolition Debris, Green Waste or 202 Exempt Waste. 203 CITY OF ROHNERT PARK November 14, 2017 Page 8 of 42 1.26 Gift. That which is defined, and not exempted, in California Government Code 204 Section 82028 and the gift regulations of the Fair Political Practices Commission at 2 C.C. R Sec 205 18940 et seq., as may be amended from time to time. 206 1.27 Green Waste. Any vegetative matter resulting from normal yard and landscaping 207 maintenance that is not more than three (3) feet in its longest dimension or six (6) inches in 208 diameter and fits in the Green Waste Cart utilized by the Service Recipient. Green Waste includes 209 plant debris, such as palm, yucca and cactus, grass clippings, leaves, pruning, weeds, branches, 210 brush, holiday trees, and other forms of vegetative waste and must be generated by and at the 211 Service Unit wherein the Green Waste is collected. Green Waste does not include items herein 212 defined as Garbage or Exempt Waste. 213 1.28 Gross Revenue. All revenue amounts collected by FRANCHISEE for the provision 214 of Collection Services pursuant to this AGREEMENT, calculated in accordance with Generally 215 Accepted Accounting Procedures (GAAP). The Gross Revenue, for purposes of this 216 AGREEMENT, does not include any revenue generated from the sale of Recyclable Material or 217 Organic Waste, or other receipts from state and local government accounts (e.g. grants, cash 218 rewards and rebates) resulting from the performance of this AGREEMENT. 219 1.29 Hazardous Waste. Any material which is defined, regulated or listed as a 220 “hazardous”, “toxic”, a “pollutant”, or words of similar import waste under California or United 221 States law or any regulations promulgated pursuant to such law, as such state or federal law or 222 regulations may be amended from time to time; and “designated waste” as defined in California 223 Water Code Section 13173. 224 1.30 Large Green Waste. Oversized Green Waste such as tree trunks and branches 225 with a diameter of not less than six (6) inches and not more than two (2) feet and a length of not 226 more than five (5) feet in its longest dimension, which are attributed to the normal activities of a 227 SFD, or MFD Service Unit. Large Green Waste must be generated by and at the Service Unit 228 wherein the Large Green Waste is collected. 229 1.31 Master Operating Agreement (“MOA”). The Agreement for Operation of The 230 Central Landfill and County Transfer Stations Between County of Sonoma and Republic Services 231 of Sonoma County, Inc., including Exhibit I thereto, the Agreement for Operations of Sonoma 232 County Transfer Stations and Material Recovery Facility Between The Ratto Group of Companies, 233 Inc. and Republic Services of Sonoma County, Inc. 234 1.32 MFD Service Unit. Any combination of Dwelling Units in the Service Area utilizing 235 a common Bin or cart for the accumulation and set-out of Solid Waste. 236 1.33 Non-Collection Notice. A form developed and used by the FRANCHISEE, as 237 approved by the CITY, to notify Service Recipients of the reason for non-collection of materials 238 set out by the Service Recipient for collection by FRANCHISEE pursuant to this AGREEMENT. 239 1.34 Non-Exclusive Temporary Construction and Demolition Debris Collection Service 240 (Collection Service(s)). Temporary collection and processing of non-putrescible Solid Waste by 241 utilizing a Container for the temporary collection of Construction and Debris Materials by a person 242 or company that holds a valid Non-Exclusive Temporary Construction and Demolition Debris 243 Collection Service Agreement from the CITY and the delivery of that material to permitted and 244 licensed Processing Facility. 245 1.35 Organic Waste. Those materials which are capable of being composted and which 246 would otherwise be process as Recyclable Material or disposed of as Garbage. Organic Waste 247 includes any vegetative matter resulting from normal yard and landscaping maintenance that is 248 CITY OF ROHNERT PARK November 14, 2017 Page 9 of 42 not more than three (3) feet in its longest dimension or six (6) inches in diameter. Organic Waste 249 includes plant debris, such as palm, yucca and cactus, grass clippings, leaves, pruning, weeds, 250 branches, brush, holiday trees, and other forms of vegetative waste. Organic Waste also includes 251 Food Waste, Stable Matter, and food packaging items such as pizza boxes, paper towels, waxed 252 cardboard and food contaminated paper products. Organic Waste does not include items herein 253 defined as Exempt Waste. 254 1.36 Processing Facility. The licensed and permitted facility designated by the 255 FRANCHISEE and approved by the CITY, for the processing of Construction and Demolition 256 Debris, and other materials as appropriate. 257 1.37 Recyclable Materials. Those materials which are capable of being recycled and 258 which would otherwise be processed as Organic Waste or disposed of as Garbage. Recyclable 259 Materials include newsprint (including inserts); mixed paper (including magazines, catalogs, 260 envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg 261 cartons, office ledger paper, and telephone books); glass containers; aluminum beverage 262 containers; scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet 263 in any dimension for any single item); steel including “tin” cans, aerosol cans (empty, non-toxic 264 products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any 265 dimension for any single item); bimetal containers; plastic bottles (#1-7); aluminum foil and pans; 266 concrete; used motor oil and filters; dry cell household batteries when contained in a sealed 267 heavy-duty plastic bag; and those materials added by the FRANCHISEE from time to time. 268 1.38 Residuals. Those materials that are a result of Recyclable Material or Organic 269 Waste processing, such as from the operations at a Processing Facility, that cannot be diverted 270 from landfill disposal. 271 1.39 Roll-off Container. A metal container with a capacity to hold up to forty (40) cubic 272 yards of Construction and Demolition Debris that is normally loaded onto a motor vehicle and 273 transported to an appropriate facility. 274 1.40 Service Area. That area within the corporate limits of the City of Rohnert Park, 275 California. 276 1.41 Service Recipient. An individual or company receiving Non-Exclusive Temporary 277 Construction and Demolition Debris Collection Service. 278 1.42 Service Recipient Rate. The dollar amount charged by FRANCHISEE to Service 279 Recipients to receive Collection Service. 280 1.43 Service Unit. SFD Service Units, MFD Service Units, and Commercial Service 281 Units. 282 1.44 SFD Service Unit. Any Dwelling Unit in the Service Area utilizing a cart, or any 283 combination of Dwelling Units sharing carts, for the accumulation and set out of Solid Waste. 284 1.45 Sludge. The accumulated solids, residues, and precipitates generated as a result 285 of waste treatment or processing, including wastewater treatment, water supply treatment, or 286 operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, 287 grease traps, privies, or similar disposal appurtenances or any other such waste having similar 288 characteristics or effects. 289 1.46 Solid Waste. Garbage, Recyclable Materials and Organic Waste resulting from 290 the normal activities of a Service Unit. Solid Waste must be generated by and at the Service Unit 291 wherein the Solid Waste is collected and does not include items defined herein as Exempt Waste. 292 CITY OF ROHNERT PARK November 14, 2017 Page 10 of 42 1.47 SCWMA. The Sonoma County Waste Management Agency. 293 1.48 Stable Matter. Manure and other waste matter normally accumulated in stables or 294 in livestock or poultry enclosures. 295 1.49 Waste Delivery Agreement (“WDA”). That certain agreement between the CITY 296 and Republic Services of Sonoma County dated October 23, 2014. 297 1.50 Work Day. Any day, Monday through Saturday. 298 ARTICLE 2. Term of AGREEMENT 299 2.01 Term. The term of this AGREEMENT is a seven (7)-year period beginning 300 January 1, 2018 and terminating on December 31, 2024. 301 2.02 Extensions. -The FRANCHISEE or CITY may request one (1) three (3)-year term 302 extension to this original AGREEMENT and, at CITY’s sole option, CITY may grant 303 FRANCHISEE’s request to so extend the term. Under no circumstances shall CITY be obligated 304 to extend the term, and under no circumstances shall CITY be obligated to grant the full three (3) 305 years of extension (i.e., an extension for a shorter time period may instead be granted by the 306 CITY if it chooses). FRANCHISEE or CITY must request the three (3) year extension by July 1, 307 2023. In addition, a term extension shall only be granted in the event that at least two (2) 308 Franchisees are eligible for an extension. However, this requirement will not be the sole 309 determinant of whether or not the CITY grants the extension. 310 2.02.1 Notification of Eligibility. Beginning on or about July 1, 2022, provided 311 the City Manager determines that the FRANCHISEE has met all the requirements of the 312 AGREEMENT, including but not limited to the Diversion Requirements set forth in Article 5, the 313 Record Keeping and Reporting Requirements set forth in Article 8, and the Contract Compliance 314 Review per Article 12, the CITY may offer the FRANCHISEE in writing one (1) or more extensions 315 to the term of this AGREEMENT for an amount of time to be determined by the CITY,but for no 316 more than an additional three (3) years total. FRANCHISEE shall provide written notice to the 317 CITY as to whether FRANCHISEE accepts or rejects the CITY’s offer within twenty (20) Work 318 Days of the date of the offer. If the FRANCHISEE accepts the offer, the FRANCHISEE shall also 319 submit the Extension Administration Fee payment described in Section 2.02.2 below within twenty 320 (20) Work Days of the offer. If FRANCHISEE fails to provide either the written notice or the 321 payment to the CITY within twenty (20) Work Days, the CITY’s offer of an extension shall be 322 deemed withdrawn. 323 2.02.2 Extension Administration Fee. If FRANCHISEE accepts the CITY’s 324 offer of extension, the FRANCHISEE shall make a payment to the CITY to cover the CITY’s actual 325 administrative costs incurred in extending the AGREEMENT. This payment shall be due to the 326 CITY with the FRANCHISEE’s written notice of acceptance described in Section 2.02.1. The total 327 payment amount to the CITY shall not exceed a total of $5,000 per extension period per 328 FRANCHISEE. 329 2.03 Maximum Term. The maximum term of the AGREEMENT, including all extensions, 330 shall not extend beyond December 31, 2027. 331 ARTICLE 3. Services Provided by the FRANCHISEE 332 3.01 Award of AGREEMENT. Except as otherwise provided in this AGREEMENT, the 333 FRANCHISEE is herein granted a non-exclusive franchise to provide Temporary Construction 334 CITY OF ROHNERT PARK November 14, 2017 Page 11 of 42 and Demolition Debris Collection Service within the Service Area. No other Solid Waste or 335 recycling service shall be provided by the FRANCHISEE. 336 3.02 Limitations to Scope of Non-Exclusive Franchise. 337 3.02.1 No Collection of Garbage, Recyclable Materials or Organic Waste Carts or 338 Bins from any Service Unit covered under the Collection Service Agreement between the City 339 of Rohnert Park and Sonoma County Resource Recovery, LLC, or any successor arrangement 340 entered into by the CITY for such service. 341 3.02.2 No large items removed from a premise by a property cleanup or 342 maintenance company as an incidental part of the total cleanup or maintenance service offered 343 by the company rather than as a hauling service; 344 3.02.3 No agricultural waste, stable matter, manure and any other animal by 345 product for use as tallow 346 3.02.4 No by-products of sewage treatment, including Sludge, ash, grit and 347 screenings; 348 3.02.5 No Hazardous Waste, regardless of its source; 349 3.03 FRANCHISEE acknowledges and agrees that the CITY may permit other persons 350 besides the FRANCHISEE to collect any and all types of materials excluded from the scope of 351 this AGREEMENT, as set forth above, without seeking or obtaining approval of FRANCHISEE. If 352 FRANCHISEE can produce evidence that other persons are servicing Garbage, Recyclable 353 Materials, or Organic Waste carts or Bins, or large items in a manner that is not consistent with 354 the CITY’s Municipal Code or this AGREEMENT, it shall report the location, the name and phone 355 number of the person or company to the CITY along with FRANCHISEE’S evidence of the 356 violation of the exclusiveness of this AGREEMENT and CITY shall determine and take 357 appropriate action to enforce the Code and this AGREEMENT. 358 3.03.1 The scope of this AGREEMENT shall be interpreted to be consistent with 359 Applicable Law, now and during the term of the AGREEMENT. If future judicial interpretations of 360 current law, or new laws, regulations, or judicial interpretations, limit the ability of the CITY to 361 lawfully provide for the scope of services as specifically set forth herein, FRANCHISEE agrees 362 that the scope of the AGREEMENT will be limited to Temporary Construction and Demolition 363 Debris collection services and materials which may be lawfully provided and that the CITY shall 364 not be responsible for any lost profits or losses claimed by FRANCHISEE to arise out of limitations 365 of the scope of the AGREEMENT set forth herein. In such an event, it shall be the responsibility 366 of FRANCHISEE to minimize the financial impact of such future judicial interpretations or new or 367 amended laws. 368 3.04 Service Standards. FRANCHISEE shall perform Collection Services under this 369 AGREEMENT in a thorough and professional manner. Collection Services described in this 370 AGREEMENT shall be performed regardless of weather conditions or difficulty of Collection. 371 3.05 Hours and Days of Collection. 372 3.05.1 Collection Services shall be provided, commencing no earlier than 7:00 373 a.m. and terminating no later than 6:00 p.m., Monday through Friday, and commencing no 374 earlier than 8:00 a.m. and terminating no later than 5:00 p.m. on Saturday, with no service on 375 Sundays. The hours, days, or both of Collection Service may be extended due to extraordinary 376 circumstances or conditions with the prior written consent of the City Representative. 377 CITY OF ROHNERT PARK November 14, 2017 Page 12 of 42 3.05.2 The CITY may direct FRANCHISEE to reduce the Collection Service hours 378 in areas around schools to 3:00 p.m., and in high traffic areas during peak commute hours. 379 When the CITY is conducting road overlay or slurry projects, the CITY reserves the right to 380 temporarily redirect or restrict FRANCHISEE from collection in the affected areas or temporarily 381 change the Collection Service hours if needed. The hours of Collection Service may be 382 extended due to extraordinary circumstances or conditions with the prior written consent of the 383 City Representative. If Commercial Service Units are within one hundred (100) feet of SFD or if 384 the CITY or FRANCHISEE receives repeated noise complaints from residents, the hours of 385 Collection Service for Commercial Service Units may be revisited between the parties in good 386 faith. 387 3.06 Manner of Collection Service. The FRANCHISEE shall provide Collection Services 388 with as little disturbance as possible and shall leave any Container in an upright position at the 389 same point it was collected without obstructing alleys, roadways, driveways, sidewalks, or mail 390 boxes unless the FRANCHISEE or Service Recipient applies for and the CITY issues an 391 encroachment permit. 392 3.07 Temporary Construction and Demolition Debris Containers. 393 3.07.1 Ownership. Ownership of Containers distributed by the FRANCHISEE 394 shall rest with the FRANCHISEE except in the case of the termination of the AGREEMENT prior 395 to the expiration of the initial term or optional extension term due to the default of the 396 FRANCHISEE. Under such circumstances, the CITY shall have the right to take possession of 397 the Containers and shall retain such possession until satisfactory arrangements can be made to 398 provide Collection Service using other equipment. Such time of possession, the CITY shall not 399 be limited, and regardless of the time of possession, there shall be no monies owing to the 400 FRANCHISEE from the CITY for the use of the equipment. Upon the receipt of written notice from 401 the CITY, FRANCHISEE shall submit to the City Representative an inventory of Containers, 402 including their locations. 403 3.07.2 Inspection and Cleaning. FRANCHISEE shall inspect all Containers prior 404 to delivery. Containers shall be in safe, clean and sanitary, and in operable condition with working 405 doors, hinges, locking devices, safety devices, floors and side walls without holes, free of material 406 or material build up, and without broken wheels, welds, or ladders that could cause street damage 407 or harm to users. 408 3.07.3 Graffiti Removal. FRANCHISEE shall remove any and all graffiti within two 409 (2) Work Days of FRANCHISEE being notified by the City Representative or public. 410 FRANCHISEE shall not deliver a Container without FRANCHISEE information visible or with any 411 graffiti appearing on the Container. 412 3.08 Labor and Equipment. FRANCHISEE shall provide and maintain all labor, 413 equipment, tools, facility(ies), and personnel supervision required for the performance of 414 FRANCHISEE’S obligations under this AGREEMENT. FRANCHISEE shall at all times have 415 sufficient backup equipment and labor to fulfill FRANCHISEE’S obligations under this 416 AGREEMENT. No compensation for FRANCHISEE’S services or for FRANCHISEE’S supply of 417 labor, equipment, tools, facilities or supervision shall be provided or paid to FRANCHISEE by the 418 CITY or by any Service Recipient except as expressly provided by this AGREEMENT. 419 3.09 Transfer, Recycling, and Processing Facilities. 420 3.09.1 Transfer, Recycling, and Processing Facilities. FRANCHISEE shall select 421 the transfer, and Processing Facilities. Material collected under this AGREEMENT shall be 422 CITY OF ROHNERT PARK November 14, 2017 Page 13 of 42 delivered to permitted and licensed facilities that comply with the CalRecycle regulations under 423 Title 14, Chapter 3, Minimum Standards for Solid Waste Handling and Disposal (Article 5.9 – 424 Sections 17380-17386). Except as set forth below, all material collected as a result of performing 425 Collection Services shall be transported to, and delivered on the same day as collection, to a 426 properly permitted and licensed Disposal, transfer, recycling, or Processing Facility. All material 427 collected will be weighed and documented through a weight ticket using certified scales located 428 at the receiving facility. In the event the recycling, or Processing Facility is closed on a Work Day, 429 the FRANCHISEE shall transport the material at such other legally permitted and licensed facility. 430 FRANCHISEE must assure that all transfer, recycling, and Processing Facilities are properly 431 permitted and licensed to receive material collected under this AGREEMENT. Failure to comply 432 with this provision shall result in the levy of Liquidated Damages as specified in Article 11 of this 433 AGREEMENT and may result in the FRANCHISEE being in default under this AGREEMENT. 434 3.09.2 FRANCHISEE shall deliver all Residuals from processed Construction and 435 Demolition Debris Collected by FRANCHISEE to the Disposal Facility for the term of the Waste 436 Delivery Agreement. 437 3.09.3 Permitted and Licensed Facilities. FRANCHISEE must assure that all 438 disposal, transfer, recycling, or processing facilities selected by FRANCHISEE shall possess all 439 existing permits and approvals by local enforcement agencies for the disposal, transfer, recycling, 440 or processing site to be in full compliance with all regulatory agencies to conduct all operations at 441 the approved location. FRANCHISEE, upon written request from the CITY, shall arrange for the 442 facilities selected by the FRANCHISEE to provide copies of facility permits, notices of violations, 443 inspection areas or concerns, or administrative action to correct deficiencies related to the 444 operation. Failure to provide facility information shall result in the levy of Liquidated Damages as 445 specified in Article 11 of this AGREEMENT and may result in the FRANCHISEE being in default 446 under this AGREEMENT. 447 3.09.4 Processing and Disposal. FRANCHISEE shall process and dispose of all 448 material collected from Service Units pursuant to this AGREEMENT in accordance with the 449 following hierarchy: 450  Reuse 451  Disassemble for reuse or recycling 452  Recycle 453  Disposal 454 3.09.5 FRANCHISEE shall not landfill such collected material unless the material 455 cannot be reused or recycled. 456 3.09.6 CITY Direction of Collected Material. CITY reserves the right to direct 457 FRANCHISEE to take collected material pursuant to this AGREEMENT to a designated site or 458 sites for the purpose of permitting persons who will reuse or recycle such material obtain the 459 collected material at no cost. FRANCHISEE shall have no obligation to dispose of the collected 460 material or material residue remaining at the directed site or sites after reusers and recyclers have 461 removed reusable or recyclable items; however, this is subject to, and does not supersede, the 462 requirements of Section 3.09.2 that FRANCHISEE deliver all Residuals from processed 463 Construction and Demolition Debris Collected to the Disposal Facility for the term of the WDA and 464 any extension thereof, or any other similar CITY waste delivery commitment. 465 CITY OF ROHNERT PARK November 14, 2017 Page 14 of 42 3.10 Inspections. The CITY shall have the right to inspect the FRANCHISEE’S facilities 466 or collection vehicles and their contents at any time while operating inside or outside the CITY. 467 3.11 Spillage and Litter. The FRANCHISEE shall not litter premises in the process of 468 providing Collection Service or while its vehicles are on the road. The FRANCHISEE shall 469 transport all materials collected under the terms of this AGREEMENT in such a manner as to 470 prevent the spilling or blowing of such materials from the FRANCHISEE'S collection vehicle. The 471 FRANCHISEE shall exercise all reasonable care and diligence in providing Collection Service so 472 as to prevent spilling or dropping of material and shall immediately, at the time of occurrence, 473 clean up such spilled or dropped materials. All Containers will be tarped or covered transporting 474 on CITY streets. 475 3.11.1 The FRANCHISEE shall not be responsible for cleaning up sanitary 476 conditions caused by the carelessness of the Service Recipient; however, the FRANCHISEE shall 477 clean up any material or residue that is spilled or scattered by the FRANCHISEE or its employees. 478 3.11.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris 479 resulting from the FRANCHISEE’S operations or equipment repair shall be covered immediately 480 with an absorptive material and removed from the street surface to comply with all local, state, 481 and federal agency rules and regulations. The CITY must be notified of any liquid spill greater 482 than an eighth (1/8) of a cup within two (2) hours upon incident. When necessary, FRANCHISEE 483 shall apply a suitable cleaning agent to the street surface to provide adequate cleaning. To 484 facilitate such cleanup, FRANCHISEE’S vehicles shall at all times carry sufficient quantities of 485 petroleum absorbent materials along with a broom and shovel. 486 3.11.3 The above paragraphs notwithstanding, FRANCHISEE shall clean up any 487 spillage or litter caused by FRANCHISEE within two (2) hours upon notice from the CITY or public. 488 3.11.4 In the event damage to CITY streets is caused by a hydraulic oil spill, 489 FRANCHISEE shall be responsible for all repairs to return the street to the same condition prior 490 to the spill. FRANCHISEE shall also be responsible for all clean-up activities related to the spill. 491 Repairs and clean-up shall be performed in a manner satisfactory to the City Representative and 492 at no cost to the CITY. 493 3.12 Ownership of Materials. 494 3.12.1 Title to Construction and Demolition Debris material shall pass to 495 FRANCHISEE at such time as said materials are placed in the FRANCHISEE’S collection vehicle. 496 3.12.2 Title to material collected as part of the City Requested- Clean-up Service 497 or Special Collection Service shall pass to FRANCHISEE at the time the material is placed in the 498 Container or other collection vehicle or container approved for use at the event. 499 3.13 Hazardous Waste. 500 3.13.1 Under no circumstances shall FRANCHISEE’S employees knowingly 501 collect Hazardous Waste, or remove unsafe or poorly containerized Hazardous Waste, from a 502 collection Container. If FRANCHISEE determines that material placed in any Container for 503 collection is Hazardous Waste, or other material that may not legally be accepted at the Disposal 504 Facility or one of the Processing Facilities, or presents a hazard to FRANCHISEE'S employees, 505 the FRANCHISEE shall have the right to refuse to accept such material. The generator shall be 506 contacted by the FRANCHISEE and requested to arrange for proper disposal service. If the 507 generator cannot be reached immediately, the FRANCHISEE shall, before leaving the premises, 508 leave a Non-Collection Notice, which indicates the reason for refusing to collect the material. 509 CITY OF ROHNERT PARK November 14, 2017 Page 15 of 42 3.13.2 If Hazardous Waste is found in a collection Container that poses an 510 imminent danger to people or property, the FRANCHISEE shall immediately notify the Rohnert 511 Park Department of Public Safety. The FRANCHISEE shall immediately notify the CITY of any 512 Hazardous Waste that has been identified. 513 3.13.3 If Hazardous Waste is identified at the time of delivery to the Disposal 514 Facility, or one of the processing facilities and the generator cannot be identified, FRANCHISEE 515 shall be solely responsible for handling and arranging transport and disposition of the Hazardous 516 Waste. 517 3.14 Regulations and Record Keeping. FRANCHISEE shall comply with emergency 518 notification procedures required by Applicable Laws and regulatory requirements. All records 519 required by regulations shall be maintained at the FRANCHISEE’S facility. These records shall 520 include waste manifests, waste inventories, waste characterization records, inspection records, 521 incident reports, and training records. 522 ARTICLE 4. Rates, Billing and Payments 523 4.01 Billing and Collection of Payment. The FRANCHISEE shall be responsible for the 524 billing and collection of payments for all Non-Exclusive Temporary Construction and Demolition 525 Debris Collection Service. 526 4.02 Production of Invoices. The FRANCHISEE shall produce an invoice, in a form and 527 format that is approved by the City Representative, for services received under this 528 AGREEMENT. The FRANCHISEE’S invoice shall be remitted to the Service Recipient and will 529 include at a minimum; date of service, material collected, weight collected, and total amount 530 charged. 531 4.03 Methods of Payment. FRANCHISEE shall provide the means for customers to pay 532 bills through one or more of the following methods: cash, checks, credit cards, internet payment 533 service or automatic withdrawal from bank account. 534 4.04 FRANCHISEE’S Payments to CITY. FRANCHISEE shall make payment to the 535 CITY of such fees as may be specified in this Section. 536 4.04.1 Franchise Fee. To reimburse CITY for costs associated with administration 537 of the AGREEMENT and the impacts of the operations on CITY facilities and resources, and in 538 consideration of the franchise granted to FRANCHISEE by the AGREEMENT, FRANCHISEE 539 shall make the following Franchise Fee payments to the City: 540 4.04.1.1 Quarterly Franchise Fee Payments. FRANCHISEE shall 541 pay CITY a quarterly Franchise Fee payment (“Quarterly Franchise Fee Payment”) equal to fifteen 542 percent (15%) of all gross receipts paid by customers and collected under the terms of the 543 AGREEMENT. Payment to CITY shall be due by 5:00 p.m. PT on the fifteenth (15th) day of the 544 month following the quarter the revenues are collected. If the 15th day of the month falls on a day 545 that CITY is closed or a holiday, then the Franchise Fee Payment shall be due on the next 546 business day. Each such payment shall be accompanied by an accounting, which sets forth 547 FRANCHISEE’S gross receipts collected during the preceding month. Gross receipts shall 548 specifically include revenue received by the FRANCHISEE from any entity, including Federal, 549 State, County, or other local facilities within the Service Area for the provision of Collection 550 Services by the FRANCHISEE. Gross receipts shall specifically exclude any revenue from the 551 sale from Recyclable Materials and from grant funding. Failure to pay the correct amount or fees 552 within the required timeline will result in liquidated damages per Article 11. 553 CITY OF ROHNERT PARK November 14, 2017 Page 16 of 42 4.04.2 Reimbursement for the Cost of Procurement. The CITY requires the 554 Franchisee(s) to reimburse the CITY up to Seventy-Five Thousand ($75,000) for the cost of this 555 procurement, divided evenly amongst all Franchisee(s) as determined prior to AGREEMENT 556 execution. 557 4.04.3 The reimbursement will be made to the CITY in two (2) equal payments. 558 The first payment shall be submitted to the City no later than January 15, 2018 and the second 559 payment shall be submitted to the City no later than January 15, 2019. This amount will be shared 560 equally between all Franchisees that are awarded Agreements. 561 No. of Agreements Awarded Amount to be paid 562 by each Franchisee 563 1 $75,000 564 2 $37,500 565 566 3 $25,000 567 568 4 $18,750 569 570 5 $15,000 571 572 6 $12,500 573 574 7 $10,715 575 576 4.04.4 Penalty for Late Payments. Any payments described in this Section 4.04 or 577 elsewhere in the AGREEMENT that are received by the CITY after the due date will be assessed 578 a late penalty equal to twenty-five percent (25%) of the original amount due. Failure by 579 FRANCHISEE to pay both the original payment amount and the late penalty within thirty (30) days 580 of written notice of the delinquency by the CITY will be considered an event of default, and the 581 CITY may terminate the AGREEMENT immediately. 582 4.05 No acceptance by CITY of any payment shall be construed as an accord that the 583 amount is in-fact the correct amount, nor shall such acceptance of payment be construed as a 584 release of any claim CITY may have against FRANCHISEE for any additional sums payable under 585 the provisions of this AGREEMENT. All amounts paid shall be subject to independent audit and 586 recompilation by CITY. If, after the audit, such recompilation indicates an underpayment 587 FRANCHISEE shall pay to CITY the amount of the underpayment and shall reimburse CITY for 588 all reasonable costs and expenses incurred in connection with the audit and recompilation within 589 ten (10) Work Days of receipt of written notice from CITY that such is the case. If, after audit, such 590 recompilation indicates an overpayment, CITY shall notify the FRANCHISEE in writing of the 591 amount of the overpayment, less costs and expenses incurred in connection with the audit and 592 recompilation. FRANCHISEE may offset the amounts next due following receipt of such written 593 notice by the amount specified therein. 594 ARTICLE 5. Minimum Diversion Requirements 595 5.01 Tonnage Data. On or before April 15, 2018 and quarterly thereafter during the term 596 of this AGREEMENT, FRANCHISEE shall deliver to CITY a quarterly report as specified in 597 Section 8.02.1 listing the actual tonnage delivered by the FRANCHISEE to the Disposal or 598 CITY OF ROHNERT PARK November 14, 2017 Page 17 of 42 Processing Facility, the tonnage of material discarded or landfilled including residue, the tonnage 599 of material recycled or composted by material type (metal, wood, concrete, Green Waste, etc.) 600 for the preceding quarter, and the number of Service Recipients collected. 601 5.02 Minimum Diversion Requirements. The FRANCHISEE guarantees delivery of all 602 materials collected during the term of this AGREEMENT to a permitted and licensed Processing 603 Facility, recycler or re-user, for processing. 604 5.03 In the event that the SCWMA or authorized jurisdiction within Sonoma County, 605 certifies a Processing Facility(ies) during the term of the AGREEMENT, if directed by the CITY, 606 the FRANCHISEE guarantees delivery of all materials collected for the remainder of the term of 607 this AGREEMENT to be delivered to a certified Processing Facility. 608 ARTICLE 6. Collection Equipment 609 6.01 Equipment Specifications. 610 6.01.1 General Provisions. All equipment used by FRANCHISEE in the 611 performance of services under this AGREEMENT shall be of a high quality. The collection 612 vehicles shall be designed and operated so as to prevent collected materials from escaping from 613 the vehicles. All collection Containers while driving on CITY streets shall be tarped, covered, or 614 enclosed with screening material to prevent collected materials from leaking, blowing, or falling 615 from the vehicles. All collection vehicles and Containers shall be watertight and shall be operated 616 so that liquids do not spill during collection or in transit. 617 6.01.2 Clean Air Vehicles. During the term of this AGREEMENT, to the extent 618 required by law, FRANCHISEE shall provide its collection vehicles to be in full compliance with 619 current local, State and federal clean air requirements that were adopted and any other 620 applicable air pollution control laws. 621 6.01.3 Safety Markings. All Collection equipment used by FRANCHISEE shall 622 have appropriate safety markings including, but not limited to, highway lighting, flashing and 623 warning lights, clearance lights, and warning flags. All such safety markings shall be subject to 624 the approval of the CITY and shall be in accordance with the requirements of the California 625 Vehicle Code, as may be amended from time to time. 626 6.01.4 Collection Vehicle Signage and Painting. Collection vehicles, except 627 reserve equipment used on a temporary basis, shall be painted and numbered consecutively 628 without repetition and shall have the FRANCHISEE'S name, FRANCHISEE’S customer service 629 telephone number, and the number of the vehicle painted in letters of contrasting color, at least 630 three (3) inches high, on each side of each vehicle. No advertising shall be permitted other than 631 the name of the FRANCHISEE. FRANCHISEE shall repaint or discontinue the use of a collection 632 vehicle at the request of the City Representative to maintain a positive public image as reasonably 633 determined by the City Representative. Collection vehicle signage may be applied using stickers 634 instead of paint, but only so long as the stickers are designed for permanent use and are 635 appropriately maintained to ensure a clean appearance. 636 6.01.5 Signage, Painting, and Cleaning. Containers shall be painted and 637 numbered consecutively without repetition and shall have the FRANCHISEE'S name, 638 FRANCHISEE’S customer service telephone number, and the number of the Container painted 639 in letters of contrasting color, at least three (3) inches high, on at least two (2) sides of each 640 Container. No advertising shall be permitted other than the name of the FRANCHISEE. Such 641 Containers as are provided by the FRANCHISEE shall be steam cleaned by the FRANCHISEE 642 CITY OF ROHNERT PARK November 14, 2017 Page 18 of 42 as frequently as necessary so as to maintain sanitary conditions. FRANCHISEE shall repaint or 643 discontinue the use of a Container at the request of the City Representative to maintain a positive 644 public image as reasonably determined by the City Representative. Container signage may be 645 applied using stickers instead of paint, but only so long as the stickers are designed for permanent 646 use and are appropriately maintained to ensure a clean appearance. 647 6.01.6 Collection Vehicle Noise Level. All collection vehicle operations shall be 648 conducted as quietly as possible and must comply with U.S. EPA noise emission regulations 649 currently codified at 40 CFR Part 205, and other applicable State County and CITY noise control 650 regulations. 651 6.01.7 Collection Vehicle Size Limitations. Collection vehicles must not exceed a 652 maximum gross vehicle weight of 56,000 pounds (includes both the truck and load weight), no 653 more than 3 axles, and a total load capacity of 40 yards. 654 6.02 Collection Vehicle Registration, Licensing and Inspection. On or before December 1, 655 2017, or as soon as practical, and annually thereafter on December 1, during the term of this 656 AGREEMENT, FRANCHISEE shall submit documentation to the City Representative to verify 657 that each of the FRANCHISEE’S collection vehicles are in compliance with all registration, 658 licensing and inspection requirements of the California Highway Patrol, the California Department 659 of Motor Vehicles, local permitting agency, and any other Applicable Laws or regulations. 660 FRANCHISEE shall not use any vehicle to perform collection services that is not in compliance 661 with applicable registration, licensing, and inspection requirements. 662 6.03 Equipment and Collection Vehicle Maintenance. FRANCHISEE shall maintain 663 Collection equipment and vehicles in a clean condition and in good repair at all times. All parts 664 and systems of the collection equipment and collection vehicle shall operate properly and be 665 maintained in a condition satisfactory to CITY. FRANCHISEE shall wash all collection equipment 666 and collection vehicles at least once a month or more frequently as the CITY may require. 667 However, in times of drought conditions, upon Franchisee or City notification, washing of 668 collection equipment and vehicles may be suspended. 669 6.04 Maintenance Log. FRANCHISEE shall maintain a maintenance log for all collection 670 vehicles. The log shall at all times be accessible to CITY by physical inspection upon request of 671 City Representative, and shall show, at a minimum, each collection vehicle’s FRANCHISEE 672 assigned identification number, date purchased or initial lease, dates of performance of routine 673 maintenance, dates of performance of any additional maintenance, a copy of the most recent BIT 674 inspection report, and description of additional maintenance performed. 675 6.04.1 Equipment and Vehicle Inventory. As of the Effective Date, and annually 676 thereafter as specified in Section 8.02.2, during the term of this AGREEMENT, FRANCHISEE 677 shall provide to CITY an inventory of collection vehicles and major collection equipment used 678 by FRANCHISEE for Collection or transportation and performance of services under this 679 AGREEMENT. The inventory shall indicate each collection vehicle by FRANCHISEE assigned 680 identification number, DMV license number, the most recent BIT inspection report, the age of 681 the chassis and body, type of fuel used, the type and capacity of each vehicle, the number of 682 collection vehicles by type, the date of acquisition, the decibel rating and the maintenance 683 status. FRANCHISEE shall submit to the City Representative, either mail or e-mail, an updated 684 inventory annually to the CITY or more often at the request of the City Representative. 685 6.04.2 Reserve Collection Equipment and Collection Vehicles. The FRANCHISEE 686 shall have available to it, at all times, reserve collection equipment and collection vehicles which 687 can be put into service and operation within one (1) hour of any breakdown. Such reserve 688 CITY OF ROHNERT PARK November 14, 2017 Page 19 of 42 collection equipment and collection vehicles shall correspond in size and capacity to the 689 collection equipment used by the FRANCHISEE to perform the contractual duties. 690 ARTICLE 7. FRANCHISEE’S Office 691 7.01 FRANCHISEE’S Office. The FRANCHISEE shall maintain an office within Sonoma 692 County that provides a toll-free telephone access to residents and businesses of the CITY and is 693 staffed by trained and experienced Customer Service Representatives (“CSR’s”). Such office 694 shall be equipped with sufficient telephones that all Collection Service related calls received 695 during normal business hours are answered by an employee within five (5) rings, and shall have 696 responsible persons in charge during Collection hours and shall be open during such normal 697 business hours, 8:00 a.m. to 5:00 p.m. on all Work Days. The FRANCHISEE shall provide either 698 a telephone answering service or mechanical device to receive Service Recipient inquiries during 699 those times when the office is closed. Calls received after normal business hours shall be returned 700 and addressed the next Work Day morning. 701 7.01.1 Emergency Contact. The FRANCHISEE shall provide the City 702 Representative with an emergency phone number where the FRANCHISEE can be reached 703 outside of the required office hours. 704 7.01.2 Multilingual/TDD Service. FRANCHISEE shall at all times maintain the 705 capability of responding to telephone calls in English and one (1) other language (Spanish) as 706 the CITY may direct. FRANCHISEE shall at all times maintain the capability or responding to 707 telephone calls through Telecommunications Device for the Deaf (TDD) Services. 708 7.01.3 Service Recipient Calls. During office hours, FRANCHISEE shall 709 maintain a telephone answering system capable of accepting at least five (5) incoming calls at 710 one (1) time. FRANCHISEE shall record all calls including any inquiries, service requests, and 711 complaints into a customer service log. 712 7.01.4 Incoming Calls. All incoming calls will be answered within five (5) rings. 713 Any call “on-hold” in excess of one and one-half (1.5) minutes shall have the option to remain 714 “on-hold” or to be switched to a message center where Service Recipient can leave a message. 715 FRANCHISEE’S CSR shall return Service Recipient calls. 716 ARTICLE 8. Record Keeping & Reporting Requirements 717 8.01 Record Keeping. 718 8.01.1 Accounting Records. FRANCHISEE shall maintain full, complete and 719 separate financial, statistical and accounting records, pertaining to cash, billing, and provisions of 720 all Collection Services provided under this AGREEMENT, prepared on an accrual basis in 721 accordance with generally accepted accounting principles. Such records shall be subject to audit, 722 copy, and inspection. FRANCHISEE shall report Gross Revenues received from provision of the 723 Collection Services. FRANCHISEE shall maintain and preserve all cash, billing and disposal 724 records for a period of not less than five (5) years following the close of each of the 725 FRANCHISEE'S fiscal years. 726 8.01.2 AGREEMENT Materials Records. FRANCHISEE shall maintain records of 727 the quantities of Construction and Demolition Debris Collected from provisions of this 728 AGREEMENT and disposed under the terms of this AGREEMENT, and (ii) Recyclable Materials, 729 by type, collected, processed, sold, donated or given for no compensation, and residue disposed. 730 CITY OF ROHNERT PARK November 14, 2017 Page 20 of 42 8.01.3 Other Records. FRANCHISEE shall maintain all other records reasonably 731 related to provision of Collection Services, whether or not specified in this Article 8 or elsewhere 732 in the AGREEMENT. 733 8.02 Reporting Requirements. Quarterly reports shall be submitted no later than 5:00 734 p.m. PT thirty (30) calendar days after the end of the reporting quarter and annual reports shall 735 be submitted no later than 5:00 p.m. PT thirty (30) calendar days after the end of each Agreement 736 Year. If the 15th day of the month falls on a day that CITY is closed or a holiday, then the report 737 shall be due the on the next business day. Quarterly and annual reports shall be submitted 738 electronically via e-mail to the CITY and its designated representative on a CITY approved 739 reporting form. 740 8.02.1 Quarterly Reports. Quarterly reports to the CITY shall include: 741 8.02.1.1 Material Collected Data. A listing of the tonnage collected from all 742 Collection Services, diverted and disposed by the FRANCHISEE at the Disposal and 743 Processing Facility for the preceding quarter, including the number of pulls. 744 8.02.1.2 Recycling Data. The number of gross tons collected, processed, 745 and sold or delivered to a recycler (other than Processing Facility) by material type for the 746 preceding quarter. Indicate, by material type (and grade where appropriate), quarterly total of 747 Recyclable Materials processed and sold including facility name and location. Indicate any 748 quantities, by material type, donated or otherwise disbursed without compensation. Indicate 749 quarterly totals and location for Residue disposed. 750 8.02.1.3 Collection Services. Indicate the number of Service Recipients 751 served within the given period of time 752 8.02.1.4 Diversion. The diversion figures shall be calculated as the tons of 753 materials collected by FRANCHISEE from the provision of Collection Services in the CITY that 754 are delivered to the Processing Facility approved by CITY, or that are otherwise handled in a 755 manner that counts as diversion under applicable CalRecycle regulations (in each case, net of all 756 residue from processing), divided by the total tons of materials collected in the Service Area by 757 FRANCHISEE from the provision of Collection Services for the preceding quarter. 758 8.02.1.5 Franchise Fee Payments. Indicate the revenue collected and total 759 franchise fees paid to CITY for the preceding quarter. 760 8.02.1.6 Operational Problems and Actions Taken. Indicate instances of 761 property damage or injuries, overweight vehicles, and any loads rejected, reason for rejection 762 and disposition of load after rejection. 763 8.02.2 Annual Reports. The annual report to the CITY shall include all quarterly 764 reports in Sections 8.2.1 through 8.2.1.3 summarized by quarter and totaled for the year. The 765 FRANCHISEE shall include a historical comparison of the last Agreement Year and prior years 766 with a brief explanation on any increases or decreases in tonnage and Diversion figures of all 767 Agreement Years. Annual reports to the CITY shall also include: 768 8.02.2.1 A summary of all prior year’s Gross Revenue received and 769 Franchise Fees paid. 770 8.02.2.2 Updated complete inventory of collection vehicles, Containers and 771 major collection/processing equipment, including stationary, rolling stock and Containers by type 772 and size. See Section 6.04.1 for additional inventory reporting requirements. 773 CITY OF ROHNERT PARK November 14, 2017 Page 21 of 42 8.02.2.3 A copy of existing permits and approvals by local enforcement 774 agencies for the Disposal, transfer, recycling or Processing Facilities selected by FRANCHISEE. 775 8.03 Additional Reporting. The FRANCHISEE shall furnish the CITY with any additional 776 reports as may reasonably be required by CITY, such reports to be prepared within thirty (30) 777 days following the reporting period or written notice. 778 ARTICLE 9. Nondiscrimination 779 9.01 Nondiscrimination. In the performance of all work and services under this 780 AGREEMENT, FRANCHISEE shall not discriminate against any person on the basis of such 781 person’s race, sex, color, national origin, religion, marital status, age, disability, or sexual 782 orientation. FRANCHISEE shall comply with all applicable local, state, and federal laws and 783 regulations regarding nondiscrimination, including those prohibiting discrimination in employment. 784 ARTICLE 10. Service Inquiries and Complaints 785 10.01 FRANCHISEE’S Customer Service. All service inquiries and complaints shall be 786 directed to the FRANCHISEE. A representative of the FRANCHISEE shall be available to receive 787 the complaints during normal business hours, as specified in Section 7.01. All service complaints 788 will be handled by the FRANCHISEE in a prompt and efficient manner. In the case of a dispute 789 between the FRANCHISEE and a Service Recipient cannot be resolved accordingly, the matter 790 will be reviewed and a decision made by the City Representative. 791 10.01.1 The FRANCHISEE will utilize the Customer Service Log to maintain 792 a record of all inquiries and complaints in a manner prescribed by the CITY. 793 ARTICLE 11. Quality of Performance 794 11.01 Intent. FRANCHISEE acknowledges and agrees that one of CITY’s primary goals 795 in entering into this AGREEMENT is to ensure that the Collection Services are of the highest 796 caliber, that Service Recipient satisfaction remains at the highest level, that the minimum 797 Diversion levels are achieved, and that materials collected are put to the highest and best use to 798 the extent feasible. 799 11.02 Service Supervisor. As of the Effective Date and annually thereafter during the 800 term of this AGREEMENT, FRANCHISEE shall provide the CITY with the name and contact 801 information of the supervisor to be in charge of the Collection Service within the Service Area. At 802 least thirty (30) calendar days prior to replacing the designated supervisor, FRANCHISEE shall 803 notify CITY in writing of the name and qualifications of the new service supervisor. FRANCHISEE 804 shall insure that such replacement is an individual with like qualifications and experience. The 805 supervisor shall be available to the City Representative through the use of telecommunication 806 equipment at all times that, FRANCHISEE is providing Collection Services. In the event the 807 supervisor is unavailable due to illness or vacation, FRANCHISEE shall designate an acceptable 808 substitute who shall be available and who has the authority to act in the same capacity as the 809 supervisor. The service supervisor shall provide the CITY with an emergency phone number 810 where the supervisor can be reached outside of normal business hours. 811 11.03 Liquidated Damages. The parties further acknowledge that consistent and reliable 812 Collection Service is of utmost importance to CITY and that CITY has considered and relied on 813 FRANCHISEE’s representations as to its quality of service commitment in awarding the 814 AGREEMENT to the FRANCHISEE. The parties further recognize that some quantified standards 815 CITY OF ROHNERT PARK November 14, 2017 Page 22 of 42 of performance are necessary and appropriate to ensure consistent and reliable service and 816 performance. The parties further recognize that if FRANCHISEE fails to achieve the performance 817 standards, or fails to submit required documents in a timely manner, CITY, and CITY’s residents 818 and businesses will suffer damages and that it is and will be impractical and extremely difficult to 819 ascertain and determine the exact amount of damages. Therefore, without prejudice to CITY’s 820 right to treat such non-performance as an event of default under Article 16, the parties agree that 821 the Liquidated Damages amount defined in this Article 11 represent reasonable estimates of the 822 amount of such damages considering all of the circumstances existing on the Effective Date of 823 this AGREEMENT, including the relationship of the sums to the range of harm to CITY, customers 824 and the community as a whole that reasonably could be anticipated and the anticipation that proof 825 of actual damages would be costly or impractical. In placing their initials at the places provided, 826 each party specifically confirms the accuracy of the statements made above and the fact that 827 each party has had ample opportunity to consult with legal counsel and obtain an explanation of 828 the Liquidated Damages provisions at the time that the AGREEMENT was executed. 829 FRANCHISEE Initial Here__________ 830 FRANCHISEE agrees to pay (as Liquidated Damages and not as penalty) the following amounts: 831 Liquidated Damages Item Amount a. Failure to notify the CITY within two (2) hours of an incident related to Section 3.11 Spillage and Litter. $100.00 per incident per Service Recipient. b. Failure or neglect to make a good faith effort to completely resolve each complaint within 90 days of receiving the complaint from a Service Recipient or CITY. $100.00 per incident per Service Recipient. c. Failure to clean up or compensate for spillage or litter caused by FRANCHISEE within 90 Work Days of being notified of the incident. $300.00 per incident per location. d. Failure to repair damage or compensate for damage to customer property caused by FRANCHISEE or its personnel within 90 Work Days of being notified of the incident. $500.00 per incident per location. e. Failure to repair damage or compensate for damage to CITY property caused by FRANCHISEE or its personnel within 90 Work Days of being notified of the incident. $1,500.00 per incident. f. Failure to compensate for damage to CITY streets, not within normal wear and tear, caused by FRANCHISEE or equipment of FRANCHISEE within 90 Work Days of being notified of the incident. $3,000.00 per incident and the actual cost of repair to CITY’s satisfaction—no cost to CITY. g. Failure to maintain collection equipment in a clean, safe, and sanitary manner. $500.00 per incident per day. CITY OF ROHNERT PARK November 14, 2017 Page 23 of 42 Liquidated Damages Item Amount h. Failure to have a collection vehicle operator properly licensed. $2,500.00 per incident per day. i. Failure to maintain office hours as required by this AGREEMENT. $500.00 per incident per day. j. Failure to maintain or submit as specified in the AGREEMENT to CITY, all documents and reports required under the provisions of this AGREEMENT. $250.00 per incident per day. k. Failure to properly cover materials in collection vehicles. $500.00 per incident. l. Failure to display FRANCHISEE’S name and customer service phone number on collection vehicles and Containers. $500.00 per incident per day. m. Failure to comply with the hours of operation as required by this AGREEMENT. $1,000.00 per incident per day. n. Failure to remove graffiti within two (2) Work Days or delivering a debris box with graffiti on it to a customer. $500.00 per incident. o. Failure to have FRANCHISEE personnel in proper uniform. $250.00 per incident per day. p. Collection vehicles that exceed 56,000 lbs. GVW, 3 axles, or load capacity of greater than 40 yards. $500.00 per incident q. Failure to deliver and process collected materials at Processing Facility prior to delivering Solid Waste to Disposal Facility. Current Tipping Fee at Sonoma County Landfill System/ton Disposed r. Failure to deliver any collected materials to a properly permitted and licensed Disposal Facility, transfer, or Processing Facility, as appropriate, except as otherwise expressly provided in this AGREEMENT. $2,500.00 first failure $5,000.00 second failure. 30 day notice of Termination for third subsequent failure. s. Failure to meet collection vehicle noise requirements. $250.00 per incident per day. t. Failure to provide facility information requested by the CITY within five (5) work days $250.00 per incident per day u. Failure to pay correct value of Franchise Fee or failure to pay Quarterly Franchise Fee by required due date. 25% of amount due. CITY OF ROHNERT PARK November 14, 2017 Page 24 of 42 Liquidated Damages Item Amount v. Failure to pay penalty for incorrectly calculated or late Franchise Fee. Immediate termination. w. Disposal of Residuals at a facility except for Disposal Facility. Immediate termination. x. Failure to maintain or provide required insurance certificates during the term of the Agreement. Immediate termination. y. Failure to cooperate or provide the requested documents for a Performance Review within thirty (30) Work Days. FRANCHISEE will be considered in Default of AGREEMENT. 11.4. Procedure for Review of Liquidated Damages. The City Representative may 832 assess Liquidated Damages pursuant to this Article 11 on a monthly basis. At the end of each 833 month during the term of this AGREEMENT, the City Representative shall issue a written notice 834 to FRANCHISEE (“Notice of Assessment”) of the liquidated damages assessed and the basis for 835 each assessment. 836 11.4.1. The assessment shall become final unless, within ten (10) calendar days 837 of the date of the notice of assessment, FRANCHISEE provides a written request for a meeting 838 with the City Manager and City Representative to present evidence that the assessment should 839 not be made. 840 11.4.2. The City Representative shall schedule a meeting between FRANCHISEE 841 and the City Manager or the Manager’s designee as soon as reasonably possible after timely 842 receipt of FRANCHISEE’S request for the same. 843 11.4.3. The City Manager or the Manager’s designee shall review FRANCHISEE’S 844 evidence and render a decision sustaining or reversing the liquidated damages as soon as 845 reasonably possible after the meeting. Written notice of the decision shall be provided to 846 FRANCHISEE. 847 11.4.4. In the event FRANCHISEE does not submit a written request for a meeting 848 within ten (10) calendar days of the date of the Notice of Assessment, the City Representative’s 849 determination shall be final and FRANCHISEE shall submit payment to CITY no later than that 850 tenth (10th) day. 851 11.4.5. If monies are owed to FRANCHISEE, CITY with notification to 852 FRANCHISEE, will deduct the liquidated damages from amounts otherwise due to FRANCHISEE. 853 11.4.6. CITY’S assessment or collection of liquidated damages shall not prevent 854 CITY from exercising any other right or remedy, including the right to terminate this AGREEMENT, 855 for FRANCHISEE’S failure to perform the work and services in the manner set forth in this 856 AGREEMENT. 857 CITY OF ROHNERT PARK November 14, 2017 Page 25 of 42 ARTICLE 12. AGREEMENT Compliance 858 12.01 Selection and Cost. The CITY may conduct a “Compliance Review” of the 859 FRANCHISEE’S performance and compliance with the requirements of this AGREEMENT during 860 the term of this AGREEMENT, including prior to an extension. At the discretion of the CITY, 861 Compliance Reviews may occur every two (2) years, or as deemed necessary. The Compliance 862 Reviews will be performed by a qualified firm under contract to the CITY. The CITY shall have the 863 final responsibility for the selection of the firm but shall seek and accept comments and 864 recommendations from the FRANCHISEE. The FRANCHISEE shall be responsible for the cost 865 of the Compliance Review, up to a maximum of Ten Thousand Dollars ($10,000.00) per 866 Compliance Review. CONTRACTOR will reimburse CITY thirty (30) days from CITY submitting 867 invoice or request to CONTRACTOR for reimbursement. 868 12.02 Purpose. The Compliance Review shall be designed to meet the following 869 objectives: 870 12.02.1 Verify that Franchise Fees, and other fees required under this 871 AGREEMENT, have been properly calculated and paid to the CITY. 872 12.02.2 Verify FRANCHISEE’S compliance with the reporting requirements 873 and performance standards of this AGREEMENT. 874 12.03 FRANCHISEE’S Cooperation. FRANCHISEE shall cooperate fully with the review 875 and provide all requested data, including operational data, financial data, and other data 876 requested by the CITY within thirty (30) Work Days. Failure of the FRANCHISEE to cooperate or 877 provide the requested documents in the required time shall be considered an event of default. 878 12.04 AGREEMENT Actions. Whenever action and/or approval by the CITY is required 879 under this AGREEMENT, the City Manager or his or her designee may act on and/or approve 880 such matter unless specifically provided otherwise, or unless the City Manager determines in his 881 or her discretion that such action or approval requires referral to the City Council for consideration. 882 ARTICLE 13. Performance Bond 883 13.01 Performance Bond. The AGREEMENT must be executed and a performance bond 884 must be furnished by the FRANCHISEE within ten (10) calendar days from the date CITY awards 885 and executes the Agreement; otherwise, the bid bond shall be forfeited to the CITY. The 886 FRANCHISEE shall furnish to the CITY, and keep current, a performance bond in a form that is 887 acceptable to the CITY, for the faithful performance of this AGREEMENT and all obligations 888 arising hereunder in the amount of Ten Thousand Dollars ($10,000.00). 889 13.01.1 The performance bond shall be executed by a surety company that 890 is acceptable to the CITY, and is included on the list of surety companies approved by the 891 Treasurer of the United States. 892 13.02 Letter of Credit. As an alternative to the performance bond required by Section 893 13.01, at CITY’s option, FRANCHISEE may deposit with CITY an irrevocable letter of credit in an 894 amount as set forth in Article 13.01, acceptable to the CITY in form and content and issued by an 895 FDIC insured banking institution chartered to business in the state of California, in the CITY’s 896 name, and callable at the discretion of the CITY. Nothing in this Article 13 shall in any way obligate 897 the CITY to accept a letter of credit in lieu of the performance bond. 898 CITY OF ROHNERT PARK November 14, 2017 Page 26 of 42 ARTICLE 14. Insurance 899 14.01 Insurance Policies. FRANCHISEE shall secure and maintain throughout the term 900 of this AGREEMENT insurance against claims for injuries to persons or damages to property 901 which may arise from or in connection with FRANCHISEE’S performance of work or services 902 under this AGREEMENT. FRANCHISEE’S performance of work or services shall include 903 performance by FRANCHISEE’S employees, agents, representatives and subcontractors. 904 14.01.1 Minimum Scope of Insurance. Insurance coverage shall be at least 905 this broad: 906 14.01.1.1 Insurance Services Office Form No. G0 0002 or, if approved 907 by CITY, its equivalent, covering Comprehensive General Liability and Insurance Services Office 908 Form No. GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services 909 Office Commercial General Liability coverage (“occurrence” form CG 0001). 910 14.01.1.2 Insurance Services Office Form No. CA 0001 covering 911 Automobile Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025. 912 Coverage shall also include code 8, “hired autos” and code 9 “non-owned autos.” 913 14.01.2 Workers’ Compensation Insurance as required by the 914 California Labor Code and Employers Liability Insurance and/or Errors and Omissions. 915 14.01.3 Hazardous Waste and Environmental Impairment Liability 916 Insurance. 917 14.01.4 Employee Blanket Fidelity Bond. 918 14.02 Minimum Limits of Insurance. FRANCHISEE shall maintain insurance limits no 919 less than: 920 14.02.1 Comprehensive General Liability: Ten Million Dollars 921 ($10,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and 922 property damage. 923 14.02.2 Automobile Liability: Ten Million Dollars ($10,000,000.00) 924 combined single limit per accident for bodily injury and property damage. 925 14.02.3 Workers’ Compensation and Employers Liability: Workers’ 926 Compensation limits as required by the California Labor Code and Employers Liability limits of 927 Three Million Dollars ($3,000,000.00) per accident. 928 14.02.4 Employee Blanket Fidelity Bond. Employee Blanket Fidelity Bond 929 in the amount of Five Hundred Thousand Dollars ($500,000.00) per employee, covering 930 dishonesty, forgery, alteration, theft, disappearance, destruction (inside or outside). 931 14.02.5 Hazardous Waste and Environmental Impairment Liability: Three 932 Million Dollars ($3,000,000.00) each occurrence/Ten Million Dollars ($10,000,000.00) policy 933 aggregate covering liability arising from the release of waste materials and/or irritants, 934 contaminants or pollutants. Such coverage shall, if commercially available without involvement of 935 CITY, automatically broaden in its form of coverage to include legislated changes in the definition 936 of waste material and/or irritants, contaminants or pollutants. This policy shall stipulate this 937 insurance is primary and no other insurance carried by CITY will be called upon to contribute to 938 the loss suffered by the FRANCHISEE hereunder and waive subrogation against the CITY and 939 other additional insured’s. 940 CITY OF ROHNERT PARK November 14, 2017 Page 27 of 42 14.03 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention 941 must be declared to, and approved by, CITY. 942 14.04 Endorsements. The policies are to contain, or be endorsed to contain, the following 943 provisions: 944 14.04.1 The CITY, its officers, employees, agents and volunteers are to be 945 covered as additional insured with respect to liability arising out of automobiles owned, leased, 946 hired or borrowed by or on behalf of FRANCHISEE; products and completed operations of 947 FRANCHISEE; and with respect to liability arising from work or operations performed by or on 948 behalf of the FRANCHISEE including material parts or equipment furnished in connection with 949 such work or operations; Pollution and/or Asbestos Pollution. 950 14.04.2 FRANCHISEE’S insurance coverage shall be primary insurance as 951 respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-952 insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall be 953 excess of the FRANCHISEE’S insurance and shall not contribute with it. 954 14.04.3 Each insurance policy required by this clause shall be occurrence-955 based, or an alternative form as approved by the CITY and shall be endorsed to state that 956 coverage shall not be cancelled by the Insurer except after thirty (30) days prior written notice has 957 been given to the CITY. 958 14.04.4 The FRANCHISEE’S insurance shall apply separately to each 959 insured against whom claim is made or suit is brought, except with respect to the limits of the 960 insurer’s liability. 961 14.04.5 The Automobile Liability policy shall be endorsed to delete the 962 Pollution and/or the Asbestos exclusion and add the Motor Carrier act endorsement (MCS-90) TL 963 1005, TL 1007 and /or other endorsements required by federal or state authorities. 964 14.04.6 Worker’s Compensation and Employers Liability Coverage. The 965 insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, 966 employees, and volunteers for losses arising from work performed by the Grantee for the CITY. 967 14.04.7 All Coverage. Each insurance policy required by this clause shall 968 be occurrence-based or an alternate form as approved by the CITY and endorsed to state that 969 coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or limits 970 except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has 971 been given to the CITY. 972 14.04.7.1 Any failure to comply with reporting provisions of the policies 973 shall not affect FRANCHISEE’S obligations to CITY, its officers, officials, employees, agents, or 974 volunteers. 975 14.04.7.2 The CITY, its officers, officials, agents, employees and 976 volunteers shall be named as additional insured on all policies. 977 14.05 Acceptability of Insurers. Insurance is to be placed with insurers acceptable to the 978 CITY. 979 14.06 Verification of Coverage. FRANCHISEE shall furnish CITY with original certificates 980 and with amendatory endorsements effecting coverage required by this clause. The 981 endorsements are to be signed by a persons authorized by the Insurer to bind coverage on its 982 behalf. The endorsements are to be on forms provided by the CITY, unless the insurer will not 983 use the CITY’s forms. All endorsements are to be received and approved by the CITY before work 984 CITY OF ROHNERT PARK November 14, 2017 Page 28 of 42 commences. As an alternative to the CITY’s forms, the Franchisee’s insurer may provide 985 complete copies of all required insurance policies, including endorsements effecting coverage 986 required by these specifications. 987 14.07 Subcontractors. FRANCHISEE shall include all subcontractors as insured under 988 its policies or shall obtain separate certificates and endorsements for each subcontractor. 989 14.07.1 Proof of insurance shall be mailed to the following address or any 990 subsequent address as may be directed in writing by the CITY. 991 City of Rohnert Park 992 Risk Management 993 130 Avram Avenue 994 Rohnert Park, CA 94928 995 14.08 Modification of Insurance Requirements. The insurance requirements provided in 996 this AGREEMENT may be modified or waived by the CITY, in writing, upon the request of 997 FRANCHISEE if the CITY determines such modification or waiver is in the best interest of CITY 998 considering all relevant factors, including exposure to CITY. 999 14.09 Rights of Subrogation. All required insurance policies shall preclude any 1000 underwriter's rights of recovery or subrogation against CITY, its officers, officials, employees, and 1001 volunteers for losses arising from work performed by FRANCHISEE for the CITY under this 1002 AGREEMENT, with the express intention of the parties being that the required insurance 1003 coverage protects both parties as the primary coverage for any and all losses covered by the 1004 above-described insurance. FRANCHISEE shall ensure that any companies issuing insurance to 1005 cover the requirements contained in this AGREEMENT agree that they shall have no recourse 1006 against CITY for payment or assessments in any form on any policy of insurance. The clauses 1007 ‘Other Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ as 1008 it appears in any policy of insurance in which CITY is named as an additional insured shall not 1009 apply to CITY. 1010 ARTICLE 15. Indemnification 1011 15.01 Indemnification of the CITY. FRANCHISEE shall defend, indemnify and hold 1012 harmless, to the fullest extend allowed by law, CITY, its officers, officials, employees, volunteers 1013 agents and assignees (indemnities), from and against any and all loss, liability, penalties, 1014 forfeitures, claims, demands, actions, proceedings or suits, in law or in equity, of every kind and 1015 description, (including, but not limited to, injury to and death of any person and damage to 1016 property, or for contribution or indemnity claimed by third parties) arising or resulting from or in 1017 any way connected with: (i) the operation of the FRANCHISEE, it agents, employees, 1018 FRANCHISEEs, and/or subcontractors, in excising the privileges granted to it by this 1019 AGREEMENT; (ii) the failure of the FRANCHISEE, it agents, employees, FRANCHISEEs, and/or 1020 subcontractors to comply in all respects with the provisions and requirements of this 1021 AGREEMENT, Applicable Laws, ordinances and regulations, and/or applicable permits and 1022 licenses; and (iii) the acts of FRANCHISEE, its agents, employees, FRANCHISEES, and/or 1023 subcontractors in performing services under this AGREEMENT for which strict liability is imposed 1024 by law. The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, 1025 forfeiture, claim, action, suite injury, death, or damage is also caused in part by any of the 1026 indemnitees’ negligence. FRANCHISEE’s indemnity obligations under all sections of this Article 1027 15 shall survive the expiration or earlier termination of this AGREEMENT. 1028 CITY OF ROHNERT PARK November 14, 2017 Page 29 of 42 15.02 The FRANCHISEE’S obligation to defend, hold harmless, and indemnify shall not 1029 be excused because of the FRANCHISEE’S inability to evaluate liability or because the 1030 FRANCHISEE evaluates liability and determines that the FRANCHISEE is not liable the claimant. 1031 The FRANCHISEE must respond within thirty (30) days to the tender of a claim for defense and 1032 indemnity by the CITY, unless this time has been extended by the CITY. If the FRANCHISEE fails 1033 to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any 1034 other remedy authorized by law, so much of the money due the FRANCHISEE under the by virtue 1035 of this AGREEMENT as shall reasonably be considered necessary by the CITY, may be retained 1036 by the CITY until disposition has been made or the claim or suit for damages, or until the 1037 FRANCHISEE accepts or ejects the tender of defense, whichever occurs first. With respect to 1038 third party claims against the FRANCHISEE, the FRANCHISEE waives any and all rights of any 1039 type to express or implied indemnity against the indemnities. 1040 15.03 Hazardous Substances Indemnification. The FRANCHISEE shall indemnify, hold 1041 harmless, defend with counsel acceptable to the CITY, protect and hold harmless the CITY, its 1042 officers, officials, employees, agents, assigns and any successor or successors to the CITY’s 1043 interest from and against all claims, damages (including but not limited to special, consequential, 1044 natural resources and punitive damages) injuries, response mediation and removal costs, losses, 1045 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, 1046 interest, fines, charges, penalties, attorney’s fees for the adverse party and expenses (including 1047 but not limited to attorney’s and expert witness fees and costs incurred in connection with 1048 defending against any of the forgoing or enforcing this indemnity) of any kind whatsoever paid, 1049 incurred or suffered by, or asserted against CITY or is officers, officials, employees, agents, 1050 assigns, or contactors arising from or attributable to acts or omissions including but not limited to 1051 any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, 1052 response, closure or other plan (regardless of whether undertake due to governmental action) 1053 concerning any hazardous substance or Hazardous Wastes at any place where FRANCHISEE 1054 transports, stores, or disposes of Solid Waste pursuant to this AGREEMENT. The foregoing 1055 indemnity is intended to operate as an AGREEMENT pursuant to Section 107(e) of CERCLA, 42 1056 U.S.C. sections 9607(c) and California Health and Safety Code Section 25364, to defend insure, 1057 protect, hold harmless and indemnify the CITY from liability. 1058 15.04 FRANCHISEE agrees to protect, indemnify, hold harmless, and defend CITY with 1059 counsel selected by FRANCHISEE and approved by CITY, to pay all attorneys’ fees, and to 1060 indemnify and hold CITY harmless from and against all fines or penalties imposed by CalRecycle 1061 if the Diversion goals specified in California Public Resources Code Section 41780 as of the date 1062 hereof and hereafter throughout are not met by the CITY with respect to the materials collected 1063 by FRANCHISEE and if the lack in meeting such goals are attributable to the failure of the 1064 FRANCHISEE to implement and operate the recycling or Diversion programs or undertake the 1065 related activities required by this AGREEMENT. 1066 15.05 FRANCHISEE shall defend, hold harmless, and indemnify CITY, its officers, 1067 officials, employees, volunteers, agents and assignees (indemnitees) from and against any loss, 1068 liability, penalties, forfeiture, claims, damages, demands, actions, proceedings or suits, in law or 1069 equity, of every kind and description, arising from the CITY’s setting of maximum Service Rates 1070 for Collection Service under this AGREEMENT and/or in connection with the application of Article 1071 XIIC and Article XIID of the California Constitution to the imposition, payment, or collection of 1072 Service Rates and fees for services provided by FRANCHISEE under this AGREEMENT, and/or 1073 in connection with the imposition or payment of Franchise Fees under this AGREEMENT. 1074 CITY OF ROHNERT PARK November 14, 2017 Page 30 of 42 15.06 Consideration. It is specifically understood and agreed that the consideration 1075 inuring to the FRANCHISEE for the execution of this AGREEMENT consists of the promises, 1076 payments, covenants, rights, and responsibilities contained in this AGREEMENT. 1077 15.07 Obligation. The execution of this AGREEMENT by the FRANCHISEE shall 1078 obligate the FRANCHISEE to comply with the foregoing indemnification provision; however, the 1079 collateral obligation of providing insurance must also be complied with as set forth in Article 14 1080 above. 1081 15.08 Subcontractors. The FRANCHISEE shall require all subcontractors to enter into 1082 an AGREEMENT containing the provisions set forth in the preceding subsection in which 1083 AGREEMENT the subcontractor fully indemnifies the CITY in accordance with this AGREEMENT. 1084 15.09 Exception. Notwithstanding Sections 15.01, 15.02 and 15.03 of this AGREEMENT, 1085 FRANCHISEE’S obligation to indemnify, hold harmless and defend CITY, its officers and 1086 employees shall not extend to any loss, liability, penalty, plain, damage, action or suit arising or 1087 resulting from acts or omissions constituting willful misconduct or sole negligence on the part of 1088 the CITY its officers or employees. 1089 15.10 Damage by FRANCHISEE. If FRANCHISEE’S employees or subcontractors 1090 cause any injury, damage, or loss to CITY property, including but not limited to CITY streets or 1091 curbs, FRANCHISEE shall reimburse CITY for CITY’s cost of repairing such injury, damage, or 1092 loss. Such reimbursement is not in derogation of any right of CITY to be indemnified by 1093 FRANCHISEE for any such injury, damage, or loss. With the prior written approval of CITY, 1094 FRANCHISEE may repair the damage at FRANCHISEE’S sole cost and expense. Damage to 1095 CITY streets shall not include normal wear and tear caused by collection vehicles. 1096 ARTICLE 16. Default 1097 16.01 Termination. The CITY may terminate this AGREEMENT, except as otherwise 1098 provided below in this Article, by giving the FRANCHISEE thirty (30) calendar days advance 1099 written notice, to be served as provided in Article 33, upon the determination of any one of the 1100 following events: 1101 16.01.1 The FRANCHISEE shall take the benefit of any present or future 1102 insolvency statute, or shall make a general assignment for the benefit of creditors, or is the subject 1103 of a voluntary or involuntary petition in a bankruptcy court seeking an arrangement for its 1104 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or 1105 under any other law or statute of the United States or any state thereof, or consent to the 1106 appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 1107 16.01.2 By, or pursuant to, or under the authority of any legislative act, 1108 resolution or rule or any order or decree of any Court or governmental board, agency or officer 1109 having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or 1110 substantially all of the property of the FRANCHISEE, and such possession or control shall 1111 continue in effect for a period of sixty (60) calendar days; or 1112 16.01.3 The FRANCHISEE has defaulted, by failing or refusing to pay in a 1113 timely manner the Liquidated Damages or other monies due the CITY and said default is not 1114 cured within thirty (30) calendar days of receipt of written notice by CITY to do so; or 1115 16.01.4 The FRANCHISEE has defaulted by allowing any final judgment for 1116 the payment of money to stand against it unsatisfied and said default is not cured within thirty 1117 (30) calendar days of receipt of written notice by CITY to do so; or 1118 CITY OF ROHNERT PARK November 14, 2017 Page 31 of 42 16.01.5 In the event that the monies due the CITY under Article 4 or any 1119 unpaid Liquidated Damages owed to the CITY under Article 11 are the subject of a judicial 1120 proceeding, the CITY may, at its option, call the Performance Bond, or hold the FRANCHISEE 1121 in default of this AGREEMENT. All bonds shall be in the form acceptable to the City Attorney; 1122 or 1123 16.01.6 The FRANCHISEE has defaulted, by failing or refusing to perform 1124 or observe the terms, conditions or covenants in this AGREEMENT, including but not limited to 1125 satisfactory conformance with the requirements of Article 3 and Article 11 hereof, the service 1126 levels prescribed herein, or any of the rules and regulations promulgated by the CITY pursuant 1127 hereto, or by wrongfully failing or refusing to comply with the instructions of the City 1128 Representative relative thereto; provided that said default is not cured within thirty (30) calendar 1129 days of receipt of written notice by the CITY to do so, or if by reason of the nature of such 1130 default, the same cannot be remedied within thirty (30) calendar days following receipt by the 1131 FRANCHISEE of written demand from the CITY to do so, the FRANCHISEE fails to commence 1132 the remedy of such default within said thirty (30) calendar days following such written notice or 1133 having so commenced shall fail thereafter to continue with diligence the curing thereof. In any 1134 dispute concerning failure to remedy or diligence in pursuing a cure, the FRANCHISEE shall 1135 have the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) 1136 calendar days, and (b) that it is proceeding with diligence to cure said default, and such default 1137 will be cured within a reasonable period of time. However, notwithstanding anything contained 1138 herein to the contrary, for the failure of the FRANCHISEE to provide Collection Services for a 1139 period of three (3) consecutive Work Days, on the fourth (4th) Work Day the CITY may secure 1140 the FRANCHISEE'S equipment, records and other property used or useful in providing 1141 Collection Services under this AGREEMENT in order to provide interim Collection Services until 1142 such time as the matter is resolved and the FRANCHISEE is again able to perform pursuant to 1143 this AGREEMENT; provided, however, if the FRANCHISEE is unable for any reason or cause 1144 to resume performance at the end of thirty (30) calendar days all liability of the CITY under this 1145 AGREEMENT to the FRANCHISEE shall cease and this AGREEMENT may be deemed 1146 terminated by the CITY, and the CITY shall retain equipment, records and other property used 1147 in providing Collection Services on an interim basis unit the CITY has made other suitable 1148 arrangements for the provision of Collection Services, which may include award of the 1149 AGREEMENT to another FRANCHISEE. 1150 16.01.7 In the event that the AGREEMENT is terminated, FRANCHISEE 1151 shall furnish the CITY with immediate access to all of its business records related to its customer 1152 and billing accounts for collection services. 1153 16.02 Violations. Notwithstanding the foregoing and as supplemental and additional 1154 means of termination of this AGREEMENT under this Article, in the event that FRANCHISEE'S 1155 record of performance shows that FRANCHISEE has frequently, regularly or repetitively defaulted 1156 in providing Collection Services, and, after written default notices from CITY, has not timely cured 1157 such defaults within the applicable cure periods set forth in Section 16.01.6, CITY in its sole 1158 discretion may determine that FRANCHISEE is a "habitual violator", in which case FRANCHISEE 1159 shall be deemed to have waived the right to any further notice or grace period to correct any 1160 subsequent default. 1161 16.02.1 CITY shall thereupon issue FRANCHISEE a final warning citing the 1162 circumstances for such determination, and any single default by FRANCHISEE of whatever 1163 nature, subsequent to FRANCHISEE’s receipt of such warning, shall be grounds for immediate 1164 termination of the AGREEMENT. 1165 CITY OF ROHNERT PARK November 14, 2017 Page 32 of 42 16.02.2 In the event of any such subsequent default, CITY may terminate 1166 this AGREEMENT upon giving of final written notice to FRANCHISEE, such termination to be 1167 effective upon the date specified in CITY’s written notice to FRANCHISEE, and all contractual 1168 fees due hereunder plus any and all charges and interest shall be payable to said date, and 1169 FRANCHISEE shall have no further rights hereunder. 1170 16.02.3 Immediately upon the specified date in such final notice 1171 CONTRACTOR shall proceed to cease any further performance under this Agreement. 1172 16.03 Effective Date. In the event of the aforesaid events specified above, and except as 1173 otherwise provided in said subsections, termination shall be effective upon the date specified in 1174 the CITY's written notice to the FRANCHISEE and upon said date this AGREEMENT shall be 1175 deemed immediately terminated and upon such termination all liability of the CITY under this 1176 AGREEMENT to the FRANCHISEE shall cease, and the CITY shall have the right to call the 1177 performance bond and shall be free to negotiate with other Franchisees for the operation of the 1178 herein specified services. The FRANCHISEE’s AGREEMENT terminated due to failure to 1179 perform shall reimburse the CITY all direct and indirect costs of providing interim Collection 1180 Services until a new appointed Franchisee is determined. 1181 16.04 Immediate Termination. CITY may terminate this AGREEMENT immediately upon 1182 written notice to FRANCHISEE in the event FRANCHISEE fails to provide and maintain the 1183 performance bond as required by this AGREEMENT, FRANCHISEE fails to obtain or maintain 1184 insurance policies endorsements as required by this AGREEMENT, FRANCHISEE fails to 1185 provide the proof of insurance as required by this AGREEMENT, FRANCHISEE offers or gives 1186 any Gift prohibited by CITY administrative policy, or Disposal of Residuals at a facility except for 1187 Disposal Facility. 1188 16.05 Termination – Delivery of material to a facility that is not properly permitted or 1189 licensed to accept material. The CITY may terminate this AGREEMENT with thirty (30) days 1190 written notice in the event the FRANCHISEE delivers material collected under this AGREEMENT 1191 to a facility that is not properly permitted or licensed to accept the material collected under this 1192 AGREEMENT. 1193 16.06 Termination Cumulative. CITY’s right to terminate this AGREEMENT is cumulative 1194 to any other rights and remedies provided by law or by this AGREEMENT. 1195 16.07 Reinstatement after Termination. Should this AGREEMENT be terminated by the 1196 CITY, the FRANCHISEE or any company acquired by, or sold to the FRANCHISEE shall not be 1197 eligible to re-apply for reinstatement to provide Collection Services until after the term of all 1198 awarded agreements have expired. 1199 ARTICLE 17. Modifications to the Agreement 1200 17.01 AGREEMENT Modifications and Changes in Law. The CITY and the 1201 FRANCHISEE understand and agree that the California Legislature has the authority to make 1202 comprehensive changes in Solid Waste Management legislation and that these and other 1203 changes in law in the future which mandate certain actions or programs for counties or 1204 municipalities may require changes or modifications in some of the terms, conditions or 1205 obligations under this AGREEMENT. The FRANCHISEE agrees that the terms and provisions 1206 of the Municipal Code, as it now exists or as it may be amended in the future, shall apply to all 1207 of the provisions of this AGREEMENT and the Service Recipients of the FRANCHISEE located 1208 within the Service Area. In the event any future Change in Law, modifications to the Municipal 1209 Code, or directed changes by the CITY materially alters the obligations of the FRANCHISEE, 1210 CITY OF ROHNERT PARK November 14, 2017 Page 33 of 42 then the affected compensation as established under this AGREEMENT shall be adjusted. 1211 Nothing contained in this AGREEMENT shall require any party to perform any act or function 1212 contrary to law. The CITY and FRANCHISEE agree to enter into good faith negotiations 1213 regarding modifications to this AGREEMENT which may be required in order to implement 1214 changes in the interest of the public welfare or due to Change in Law. When such modifications 1215 are made to this AGREEMENT, the CITY and the FRANCHISEE shall negotiate in good faith, 1216 a reasonable and appropriate compensation adjustment for any increase or decrease in the 1217 services or other obligations required of the FRANCHISEE due to any modification in the 1218 AGREEMENT under this Article. The CITY and the FRANCHISEE shall not unreasonably 1219 withhold AGREEMENT to such compensation adjustment. 1220 17.01.1 FRANCHISEE acknowledges and agrees that CITY may permit 1221 other Franchisees, contractors or companies besides FRANCHISEE to provide additional 1222 Collection Services. 1223 ARTICLE 18. Legal Representation 1224 18.01 Acknowledgement. It is acknowledged that FRANCHISEE and CITY each were, 1225 or had the opportunity to be, represented by counsel in the preparation of, and contributed 1226 equally to the terms and conditions of, this AGREEMENT and, accordingly, the rule that an 1227 agreement shall be interpreted strictly against the party preparing the same shall not apply 1228 herein due to the joint contributions of both parties. 1229 ARTICLE 19. Financial Interest 1230 19.01 Representation. FRANCHISEE warrants and represents that no elected official, 1231 officer, agent or employee of the CITY has a financial interest, directly or indirectly, in this 1232 AGREEMENT the compensation to be paid under it and, further, that no CITY employee who acts 1233 in the CITY as a “purchasing agent” as defined in the appropriate Section of California Statutes, 1234 nor any elected or appointed officer of the CITY, nor any spouse or child of such purchasing 1235 agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the 1236 FRANCHISEE and, further, that no such CITY employee, purchasing agent, CITY elected or 1237 appointed officer, or the spouse or child of any of them, alone or in combination, has a material 1238 interest in the FRANCHISEE. Material interest means direct or indirect ownership of more than 1239 five percent (5%) of the total assets or capital stock of the FRANCHISEE. 1240 ARTICLE 20. Franchisee’s Personnel 1241 20.01 Personnel Requirements. The FRANCHISEE shall employ and assign qualified 1242 personnel to perform all services set forth herein. The FRANCHISEE shall be responsible for 1243 ensuring that its employees comply with all Applicable Laws and regulations and meet all Federal, 1244 State, and local requirements related to their employment and position. 1245 20.01.1 The CITY may request the transfer of any employee of the 1246 FRANCHISEE who materially violates any provision hereof, or who is wanton, negligent, or 1247 discourteous in the performance of his duties. 1248 20.01.2 FRANCHISEE’S field operations personnel shall be required to 1249 wear a clean uniform shirt bearing the FRANCHISEE’S name. FRANCHISEE’S employees, who 1250 normally come into direct contact with the public, including drivers, shall bear some means of 1251 individual photographic identification such as a name tag or identification card. 1252 CITY OF ROHNERT PARK November 14, 2017 Page 34 of 42 20.01.3 Each driver of a collection vehicle shall at all times carry a valid 1253 California driver's license and all other required licenses for the type of collection vehicle that is 1254 being operated. 1255 20.01.4 Each driver of a collection vehicle shall at all times comply with all 1256 applicable state and federal laws, regulations, and requirements. 1257 20.01.5 FRANCHISEE’S employees, officers, and agents shall at no time 1258 be allowed to identify themselves or in any way represent themselves as being employees of the 1259 CITY. 1260 20.01.6 The FRANCHISEE'S name and the customer service telephone 1261 number shall be properly displayed on all collection vehicles. 1262 ARTICLE 21. Independent Franchisee 1263 21.01 In the performance of services pursuant to this AGREEMENT, FRANCHISEE shall 1264 be an independent FRANCHISEE and not an officer, agent, servant or employee of CITY. 1265 FRANCHISEE shall have exclusive control of the details of the services and work performed and 1266 over all persons performing such services and work. FRANCHISEE shall be solely responsible 1267 for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if 1268 any. Neither FRANCHISEE nor its officers, employees, agents, contractors, or subcontractors 1269 shall obtain any right to retirement benefits, Workers’ Compensation benefits, or any other 1270 benefits which accrued to CITY employees and FRANCHISEE expressly waives any claim it may 1271 have or acquire to such benefits. 1272 ARTICLE 22. Laws to Govern 1273 22.01 The law of the State of California shall govern the rights, obligations, duties, and 1274 liabilities of CITY and FRANCHISEE under this AGREEMENT and shall govern the interpretation 1275 of this AGREEMENT. 1276 ARTICLE 23. Consent to Jurisdiction 1277 23.01 The parties agree that any litigation between CITY and FRANCHISEE concerning 1278 or arising out of this AGREEMENT shall be filed and maintained exclusively in the Superior Court 1279 of Sonoma County, State of California, or in the United States District Court for the Northern 1280 District of California, as applicable pursuant to their respective jurisdiction. Each party consents 1281 to service of process in any manner authorized by California law. 1282 ARTICLE 24. Assignment 1283 24.01 No assignment of this AGREEMENT or any right occurring under this 1284 AGREEMENT shall be made in whole or in part by the FRANCHISEE without the express written 1285 consent of the CITY. The CITY shall have full discretion to approve or deny, with or without cause, 1286 any proposed or actual assignment by the FRANCHISEE. Any assignment of this AGREEMENT 1287 made by the FRANCHISEE without the express written consent of the CITY shall be null and void 1288 and shall be grounds for the CITY to declare a default of this AGREEMENT and immediately 1289 terminate this AGREEMENT by giving written notice to the FRANCHISEE, and upon the date of 1290 such notice this AGREEMENT shall be deemed immediately terminated, and upon such 1291 termination all liability of the CITY under this AGREEMENT to the FRANCHISEE shall cease, and 1292 CITY OF ROHNERT PARK November 14, 2017 Page 35 of 42 the CITY shall have the right to call the performance bond and shall be free to negotiate with other 1293 contractors, the FRANCHISEES, or any other person or company for the service which is the 1294 subject of this AGREEMENT. In the event of any assignment, the assignee shall fully assume all 1295 the liabilities of the FRANCHISEE. 1296 24.02 The use of a subcontractor to perform services under this AGREEMENT shall not 1297 constitute delegation of FRANCHISEE’S duties provided that FRANCHISEE has received prior 1298 written authorization from the City Representative to subcontract such services and the City 1299 Representative has approved a subcontractor who will perform such services. FRANCHISEE 1300 shall be responsible for directing the work of FRANCHISEE’S subcontractors and any 1301 compensation due or payable to FRANCHISEE’S subcontractor shall be the sole responsibility of 1302 FRANCHISEE. The City Representative shall have the right to require the removal of any 1303 approved subcontractor for reasonable cause. 1304 24.03 For purposes of this Article when used in reference to FRANCHISEE, 1305 "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of at least 1306 fifty-one percent (51%) of FRANCHISEE'S assets dedicated to service under this AGREEMENT 1307 to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of 1308 FRANCHISEE to a third party provided said sale, exchange or transfer results in a change of 1309 control of FRANCHISEE (with control being defined as ownership of more than fifty percent (50%) 1310 of FRANCHISEE’S voting securities); (iii) any dissolution, reorganization, consolidation, merger, 1311 re-capitalization, stock issuance or re-issuance, voting trust, pooling AGREEMENT, escrow 1312 arrangement, liquidation, subcontracting or lease-back payments, or other transaction which 1313 results in a change of control of FRANCHISEE; (iv) any assignment by operation of law, including 1314 insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for 1315 an execution being levied against this AGREEMENT, appointment of a receiver taking possession 1316 of FRANCHISEE'S property, or transfer occurring in the event of a probate proceeding; and (v) 1317 any combination of the foregoing (whether or not in related or contemporaneous transactions) 1318 which has the effect of any such transfer or change of control of FRANCHISEE. 1319 24.04 FRANCHISEE acknowledges that this AGREEMENT involves rendering a vital 1320 service to CITY’s residents and businesses, and that CITY has selected FRANCHISEE to perform 1321 the services specified herein based on (i) FRANCHISEE’S experience, skill and reputation for 1322 conducting and management of operations in a safe, effective, and lawful fashion, at all times in 1323 keeping with applicable environmental laws, regulations and best management practices as 1324 governed by Federal, State, and local governments, and (ii) FRANCHISEE'S financial resources 1325 to maintain the required equipment and to support its indemnity obligations to CITY under this 1326 AGREEMENT. CITY has relied on each of these factors, among others, in choosing 1327 FRANCHISEE to perform the services to be rendered by FRANCHISEE under this AGREEMENT. 1328 ARTICLE 25. Compliance with Laws 1329 25.01 In the performance of this AGREEMENT, FRANCHISEE shall comply with all 1330 Applicable Laws, regulations, ordinances, and codes of the Federal, State, and local 1331 governments, including without limitation the Municipal Code of the City of Rohnert Park. 1332 25.02 CITY shall provide written notice to FRANCHISEE of any planned amendment to 1333 the Municipal Code that would substantially affect the performance of FRANCHISEE’S services 1334 CITY OF ROHNERT PARK November 14, 2017 Page 36 of 42 pursuant to this AGREEMENT. Such notice shall be provided at least thirty (30) calendar days 1335 prior to the City Council’s approval of such an amendment. 1336 ARTICLE 26. Permits and Licenses 1337 26.01 FRANCHISEE shall obtain, at its own expense, all permits and licenses required 1338 by law or ordinance and maintain same in full force and effect throughout the term of this 1339 AGREEMENT. FRANCHISEE shall provide proof of such permits, licenses, or approvals and shall 1340 demonstrate compliance with the terms and conditions of such permits, licenses and approvals 1341 upon the request of the City Representative. 1342 26.02 FRANCHISEE shall ensure that all facilities selected by the FRANCHISEE obtain, 1343 at their own expense, all permits and licenses required by law or ordinance and maintain same in 1344 full force and effect throughout the term of this AGREEMENT. FRANCHISEE shall ensure that 1345 facilities used by the FRANCHISEE provide proof of such permits, licenses, or approvals and 1346 shall demonstrate compliance with the terms and conditions of such permits, licenses, and 1347 approvals upon the request of the City Representative. 1348 ARTICLE 27. Ownership of Written Materials 1349 27.01 All reports, documents, brochures, public education materials, and other written, 1350 printed, electronic or photographic materials developed by FRANCHISEE that are expressly 1351 required by this AGREEMENT or produced by FRANCHISEE at the request of the CITY for use 1352 under this AGREEMENT, whether developed directly or indirectly by CITY or FRANCHISEE shall 1353 be and shall remain the property of CITY without limitation or restrictions on the use of such 1354 materials by CITY. FRANCHISEE shall not use such materials in connection with any project not 1355 connected with this AGREEMENT without the prior written consent of the City Representative. 1356 This Article 28 does not apply to ideas or concepts described in such materials and does not apply 1357 to the format of such materials. 1358 ARTICLE 28. Waiver 1359 28.01 Waiver by CITY or FRANCHISEE of any breach for violation of any term covenant 1360 or condition of this AGREEMENT shall not be deemed to be a waiver of any other term, covenant 1361 or condition or any subsequent breach or violation of the same or of any other term, covenant, or 1362 condition. The subsequent acceptance by CITY of any fee, tax, or any other monies which may 1363 CITY OF ROHNERT PARK November 14, 2017 Page 37 of 42 become due from FRANCHISEE to CITY shall not be deemed to be a waiver by CITY of any 1364 breach for violation of any term, covenant, or condition of this AGREEMENT. 1365 ARTICLE 29. Prohibition Against Gifts 1366 29.01 FRANCHISEE represents that FRANCHISEE is familiar with CITY’s prohibition 1367 against the acceptance of any Gift by a CITY officer or designated employee. FRANCHISEE shall 1368 not offer any CITY officer or designated employee any Gifts prohibited by the CITY. 1369 ARTICLE 30. Point of Contact 1370 30.01 The day-to-day dealings between the FRANCHISEE and the CITY shall be 1371 between the FRANCHISEE and the City Representative. 1372 ARTICLE 31. Conflict of Interest 1373 31.01 FRANCHISEE shall comply with CITY requirements for conflict of interest and will 1374 file all required disclosure statements. 1375 ARTICLE 32. Notices 1376 32.01 Except as provided herein, whenever either party desires to give notice to the 1377 other, it must be given by written notice addressed to the party for whom it is intended, at the 1378 place last specified and to the place for giving of notice in compliance with the provisions of this 1379 paragraph. For the present, the parties designate the following as the respective persons and 1380 places for giving of notice: 1381 As to the CITY: 1382 Don Schwartz 1383 Assistant City Manager 1384 City of Rohnert Park 1385 Rohnert Park City Hall 1386 130 Avram Avenue 1387 Rohnert Park, CA 94928 1388 Phone: (707) 588-2200 1389 Email: dschwartz@rpcity.org 1390 1391 CITY OF ROHNERT PARK November 14, 2017 Page 38 of 42 As to the FRANCHISEE: 1392 Name ____________________ 1393 D.B.A (if applicable) ____________________ 1394 Title ____________________ 1395 Company ____________________ 1396 Address ____________________ 1397 TOWN, State, Zip Code ____________________ 1398 Phone ____________________ 1399 Fax: ____________________ 1400 E-Mail: ____________________ 1401 1402 32.02 Notices shall be effective when received at the address as specified above. 1403 Changes in the respective address to which such notice is to be directed may be made by written 1404 notice. 1405 32.03 Notice by CITY to FRANCHISEE of a collection or other Service Recipient problem 1406 or complaint may be given to FRANCHISEE orally by telephone at FRANCHISEE’S local office 1407 with confirmation sent as required above by the end of the Work Day. 1408 ARTICLE 33. Franchisee’s Records 1409 33.01 FRANCHISEE shall maintain any and all letters, books of account, invoices, 1410 vouchers, canceled checks, and other records or documents evidencing or relating to charges for 1411 services or expenditures and disbursements charged to Service Recipients for a minimum period 1412 of five (5) years, or for any longer period required by law, from the date of final payment to 1413 FRANCHISEE pursuant to this AGREEMENT. 1414 33.02 FRANCHISEE shall maintain all documents and records which demonstrate 1415 performance under this AGREEMENT for a minimum period of five (5) years, or for any longer 1416 period required by law, from the date of termination or completion of this AGREEMENT. 1417 33.03 Any records or documents required to be maintained pursuant to this 1418 AGREEMENT shall be made available for inspection or audit, at any time during regular business 1419 hours, upon written request by the City Representative, the City Attorney, City Auditor, City 1420 Manager, or a designated representative of any of these officers. Copies of such documents shall 1421 be provided to CITY for inspection at the CITY offices when it is practical to do so. Otherwise, 1422 unless an alternative site is mutually agreed upon, the records shall be available at 1423 FRANCHISEE’S address indicated for receipt of notices in this AGREEMENT. 1424 33.04 Where CITY has reason to believe that such records or documents may be lost or 1425 discarded due to the dissolution, disbandment or termination of FRANCHISEE’S business, CITY 1426 may, by written request or demand of any of the above named officers, require that custody of 1427 the records be given to CITY and that the records and documents be maintained in City Hall. 1428 Access to such records and documents shall be granted to any party authorized by 1429 FRANCHISEE, FRANCHISEE’S representatives, or FRANCHISEE’S successor-in-interest. 1430 ARTICLE 34. Entire Agreement 1431 34.01 This AGREEMENT and the Exhibits attached hereto constitute the entire 1432 AGREEMENT and understanding between the parties hereto, and it shall not be considered 1433 CITY OF ROHNERT PARK November 14, 2017 Page 39 of 42 modified, altered, changed, or amended in any respect unless in writing and signed by the parties 1434 hereto. 1435 ARTICLE 35. Severability 1436 35.01 If any provision of this AGREEMENT or the application of it to any person or 1437 situation shall to any extent be held invalid or unenforceable, the remainder of this AGREEMENT 1438 and the application of such provisions to persons or situations other than those as to which it shall 1439 have been held invalid or unenforceable, shall not be affected, shall continue in full force and 1440 effect, and shall be enforced to the fullest extent permitted by law. 1441 ARTICLE 36. Right to Require Performance 1442 36.01 The failure of the CITY at any time to require performance by the FRANCHISEE 1443 of any provision hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor 1444 shall waiver by the CITY of any breach of any provision hereof be taken or held to be a waiver of 1445 any succeeding breach of such provision or as a waiver of any provision itself. 1446 ARTICLE 37. All Prior Agreements Superseded 1447 37.01 This document incorporates and includes all prior negotiations, correspondence, 1448 conversations, agreements, contracts and understandings applicable to the matters contained in 1449 this AGREEMENT and the parties agree that there are no commitments, agreements, contracts 1450 or understandings concerning the subject matter of this AGREEMENT that are not contained in 1451 this document. Accordingly, it is agreed that no deviation from the terms of this AGREEMENT 1452 shall be predicated upon any prior representations, agreements, or contracts, whether oral or 1453 written. 1454 ARTICLE 38. Headings 1455 38.01 Headings in this document are for convenience of reference only and are not to be 1456 considered in any interpretation of this AGREEMENT. 1457 ARTICLE 39. Representations and Warranties of 1458 FRANCHISEE 1459 The FRANCHISEE, by acceptance of this AGREEMENT, represents and warrants the 1460 conditions presented in this Article 39. 1461 39.01 Corporate Status. The FRANCHISEE is a {corporation} duly organized, validly 1462 existing and in good standing under the laws of the State of California (“State”). It is qualified to 1463 transact business in the State and has the power to own its properties and to carry on its business 1464 as now owned and operated and as required by this AGREEMENT. 1465 39.02 Corporate Authorization. FRANCHISEE (via its Board of Directors, 1466 shareholders, and/or members, as applicable) has taken all necessary action required by law, 1467 and under its articles of incorporation, operating agreement, and/or its bylaws, to authorize the 1468 execution of the AGREEMENT. The Person signing this AGREEMENT on behalf of 1469 CITY OF ROHNERT PARK November 14, 2017 Page 40 of 42 FRANCHISEE represents and warrants that they have the authority to do so. This AGREEMENT 1470 constitutes the legal, valid, and binding obligation of the FRANCHISEE. 1471 39.03 AGREEMENT Will Not Cause Breach. To the best of FRANCHISEE’S 1472 knowledge after responsible investigation, the execution or delivery of this AGREEMENT or the 1473 performance by FRANCHISEE of its obligations hereunder does not conflict with, violate, or result 1474 in a beach: (i) of any law or governmental regulation applicable to FRANCHISEE; or (ii) any term 1475 or condition of any judgment, order, decree, of any court, administrative agency, or other 1476 governmental authority, or any AGREEMENT or instrument to which FRANCHISEE is a party or 1477 by which FRANCHISEE or any of its properties or assets are bound, or constitutes a default 1478 hereunder. 1479 39.04 No Litigation. To the best of FRANCHISEE’S knowledge after responsible 1480 investigation, there is no action, suite, proceeding or investigation, at law or in equity, before or 1481 by any court or governmental authority, commission, board, agency or instrumentality decided, 1482 pending or threatened against FRANCHISEE wherein an unfavorable decision, ruling or finding, 1483 in any single case or in the aggregate would: 1484 39.04.1 Materially adversely affect the performance by FRANCHISEE of its 1485 obligations hereunder; 1486 39.04.2 Adversely affect the validity or enforceability of this AGREEMENT; 1487 or 1488 39.04.3 Have a material adverse effect on the financial conditions of 1489 FRANCHISEE, or any surety or entity guaranteeing FRANCHISEE’S performance under this 1490 AGREEMENT. 1491 39.05 No Adverse Judicial Decisions. To the best of FRANCHISEE’S knowledge 1492 after responsible investigation, there is no judicial decision that would prohibit this AGREEMENT 1493 or subject this AGREEMENT to legal challenge. 1494 39.06 No Legal Prohibition. To the best of FRANCHISEE’S knowledge after reasonable 1495 investigation, there is no Applicable Law in effect on the date FRANCHISEE signed this 1496 AGREEMENT that would prohibit the FRANCHISEE’S performance of its obligations under this 1497 AGREEMENT and the transactions contemplated hereby. 1498 39.07 FRANCHISEEs Statements. The FRANCHISEEs proposal and other 1499 supplemental information submitted to the CITY, which the CITY has relied on in awarding and 1500 entering this AGREEMENT, do not: (i) contain any untrue statement of a material fact, or (ii) omit 1501 to state a material fact that is necessary in order to make the statements made, in light of the 1502 circumstances in which they were made, not misleading. 1503 39.08 FRANCHISEE’S Investigation. FRANCHISEE has made an independent 1504 investigation (satisfactory to it) of the conditions and circumstances surrounding the 1505 AGREEMENT and the work to be performed hereunder. FRANCHISEE has taken such matters 1506 into consideration in entering this AGREEMENT to provide services in exchange for the 1507 compensation provided for under the terms of this AGREEMENT. 1508 39.09 Ability to Perform. FRANCHISEE possesses the business, professional, and 1509 technical expertise to Collect, Transport, and Process the Construction and Demolition Debris 1510 CITY OF ROHNERT PARK November 14, 2017 Page 41 of 42 material generated in the CITY. FRANCHISEE possesses the ability to secure equipment, 1511 facility(ies), and employee resources required to perform its obligations under this AGREEMENT. 1512 39.10 Voluntary Use of Disposal Location. The FRANCHISEE, without constraint and as 1513 a free-market business decision in accepting this AGREEMENT, agrees to use the Disposal 1514 Facility for the purposes of disposing of all Residuals Collected in the CITY. Such decision by 1515 FRANCHISEE in no way constitutes a restraint of trade notwithstanding any Change in Law 1516 regarding flow control limitations or any definition thereof. 1517 ARTICLE 40. Effective Date 1518 This AGREEMENT shall become effective as of the Effective Date, having been properly 1519 executed by the CITY and the FRANCHISEE and the FRANCHISEE shall begin Non-Exclusive 1520 Temporary Construction and Demolition Debris Collection Service, as covered herein, as of 1521 January 1, 2018. 1522 IN WITNESS WHEREOF, the CITY and the FRANCHISEE have executed this AGREEMENT on 1523 the day and year first written above. 1524 1525 CITY OF ROHNERT PARK November 14, 2017 Page 42 of 42 1526 CITY OF ROHNERT PARK Company Name 1527 1528 _____________________ ________ 1529 1530 1531 ____________________ _________ _____________________ ________ 1532 Darrin Jenkins Company Representative/Title 1533 City Manager 1534 1535 Rohnert Park Business 1536 License No. __________ 1537 ____________________ _________ 1538 Don Schwartz 1539 Assistant City Manager 1540 1541 1542 1543 1544 1545 The foregoing AGREEMENT has been reviewed and approval is recommended: 1546 1547 1548 1549 Resolution No. 2017 - ____________________ 1550 Approved by City Council 1551 1552 1553 1554 Approved as to Form: 1555 1556 ______________________ _________ 1557 (Name) Date 1558 City Attorney 1559 1560 1561 ITEM NO. 7C2 and 7C3 1 Meeting Date: November 14, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Authorizing and Approving a Public Improvement Agreement and an Amendment to the Master Maintenance Agreement for the Vast Oak East Development in the University District RECOMMENDED ACTION: Adopt the following resolutions: 1. Authorizing and Approving a Public Improvement Agreement for the Vast Oak East In- tract, Backbone and Hinebaugh Creek Trail Improvements with the University District LLC and Vast Oaks L.P. and Related Actions 2. Approving and Authorizing Execution of an Amendment to the Master Maintenance Agreement with University District LLC and Vast Oak L.P. for the Vast Oak East Development BACKGROUND: The City has approved a Tentative Map and entered into a Development Agreement with the University District LLC and Vast Oak Properties L.P. (“Developer”) to facilitate the orderly development of the University District Specific Plan Area. Both the Conditions of Approval for the Tentative Map and the Development Agreement require that public infrastructure construction be coordinated to serve development. These documents also require that the Developer provide for maintenance of certain private facilities. The developer has prepared final maps for the second phase of its development, known as Vast Oak East, and is seeking City approval of these maps. The developer has entered into several public improvement agreements with the City and has completed construction of a majority of the infrastructure serving Vast Oak East, with the exception of landscape improvements. The proposed action will authorize the public improvement agreement for landscape improvements in Vast Oak East. In addition, various Vast Oak East improvements need to be included into the Master Maintenance Agreement for the University District. The proposed action includes the approval of an amendment to this Master Maintenance Agreement to provide for ongoing maintenance of improvements in Vast Oak East. Both of these actions are necessary before the final maps for Vast Oak East can be approved. 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. 7C2 and 7C3 2 ANALYSIS: Public Improvement Agreement: As noted above, the developer has entered into several public improvement agreements with the City that cover the majority of the new infrastructure in Vast Oak East. At this time, the remaining infrastructure required to satisfy the Development Agreement includes: • In-Tract and Backbone Landscaping within the development consistent with the approved Development Area Plans. • Hinebaugh Creek Trail Phase Two Landscaping within the development and consistent with the approved Development Area Plans. The Developer is committing to complete the construction of these improvements through an additional Improvement Agreement and has posted the necessary performance and labor and materials bonds with the City. The proposed Public Improvement Agreement is in the same form that has been previously approved by Council. Like the other Improvement Agreements, the Agreement outlines in more detail than specified in the Conditions of Approval or the Development Agreement, the Developer’s duty to install the improvements to City standards and protect them until acceptance; the City’s rights for inspection and cost recovery; the process by which new improvements will be inspected by the City; requirements to pay prevailing wage; requirements for bonds, insurance and indemnity and the City’s remedies against breach or default by the Developer. Master Maintenance Agreement: The Developer has previously entered into a Master Maintenance Agreement (Agreement) with the City, dated April 13, 2016, covering the Vast Oak West development. The Master Maintenance Agreement outlines the responsibility of the Developer and eventually the Homeowner’s Association (HOA) it has created, to maintain private facilities including landscaping, trails and storm water quality improvements. The Agreement also outlines the City’s rights to take corrective action and recover costs from the HOA if maintenance is not accomplished. The City has prepared an Amendment to the Master Maintenance Agreement (Amendment) which covers the Vast Oak East phase of the development. The Amendment will add those additional properties within Vast Oak East to the original Agreement. ENVIRONMENTAL ANALYSIS: The proposed Public Improvement Agreement will authorize and provide for the construction of landscaping that will serve the development. These improvements were included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated July 2005) for the University District Specific Plan. Because the improvements were included in the Project Description, the analysis in the Draft EIR included an analysis of the construction and operation of these improvements and mitigation measures were developed to minimize any impacts. The Draft EIR identified 19 temporary construction impacts that are associated with the development of the site, including the construction of infrastructure improvements. All of these impacts are less than significant or can be reduced to a less than ITEM NO. 7C2 and 7C3 3 significant level with standard construction mitigation that will be incorporated into the approved plans required by the Public Improvement Agreements. The description of the required infrastructure improvements necessary to serve the development was not substantially changed by either the Final EIR (March 2006) or the CEQA Addenda (February 2014). Because the proposed improvements were included in the Project Description considered in the University District Specific Plan EIR, and their impacts were analyzed and mitigated to a less than significant level, no further CEQA analysis is required. The City will use its plan approval process to ensure that mitigations to control construction noise, dust, hazards and biological impacts are included as part of the work. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The recommended action is consistent with the Development Agreement and Conditions of Approval for the Tentative Map and necessary to complete the project. FISCAL IMPACT/FUNDING SOURCE: The proposed actions will have no direct fiscal impact on the City. The developer will construct the landscaping covered by the improvement agreement at its cost, and has posted bonds to ensure its completion. The purpose of the Master Maintenance Agreement is to clarify maintenance responsibilities and ensure the maintenance of facilities by parties other than the City. For facilities maintained by the City, the developer has committed to and is making deposits into a Maintenance Annuity Fund to cover the City’s costs. Department Head Approval Date: 10/31/2017 Finance Director Approval Date: NA City Attorney Approval Date: 11/02/2017 City Manager Approval Date: 11/07/2017 Attachments 1. Resolution Authorizing and Approving a Public Improvement Agreement for the Vast Oak East In-Tract, Backbone, and Hinebaugh Trail Phase Two Landscape Improvements with University District LLC and Vast Oak LP and Related Actions 2. Resolution Approving and Authorizing the Execution of an Amendment to the Master Maintenance Agreement Amendment with University District LLC and Vast Oak LP for the Vast Oak East Development RESOLUTION NO. 2017-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A PUBLIC IMPROVEMENT AGREEMENT FOR THE VAST OAK EAST IN-TRACT, BACKBONE, AND HINEBAUGH CREEK TRAIL PHASE TWO LANDSCAPING IMPROVEMENTS WITH THE UNIVERSITY DISTRICT LLC AND VAST OAK LP AND RELATED ACTIONS WHEREAS, on May 23, 2006, the City Council of the City of Rohnert adopted Resolution No 2006-141 approving the Final Environmental Impact Report (EIR) for the University District Specific Plan Area including a draft EIR, a recirculated draft EIR, response to comments, changes, clarifications, and corrections to the draft EIR and recirculated draft EIR and appendices (together the “2006 EIR”); and WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-032 approving an addendum to the 2006 EIR (together with the 2006 EIR collectively called the “Updated Final EIR”); and WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-035 approving the Tentative Map for the University District Plan, prepared by MacKay & Somps and dated February 2014 (the “Tentative Map”), subject to certain conditions of approval (“Conditions”); and WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 878, approving a Development Agreement (“Development Agreement”) between the City of Rohnert Park and Vast Oak Property L.P. and University District LLC (“Developer”); and WHEREAS, the Developer intends to file the Final Maps for Phases 2-A, 2-B, 2-C, and 2-D for the Vast Oak East Property, consisting of 323 single-family residential lots; and WHEREAS, the Development Agreement and the Conditions of Approval include requirements for Developer to construct the following improvements in conjunction with the first Final Map filed for the University District Property: all in-tract improvements within the Final Map areas, including streets, storm drainage, water, sewer, recycled water, joint trench and streetlighting, landscaping, and the Hinebaugh Creek Trail Phase Two; and WHEREAS, the Developer has previously entered into Improvement Agreements for the construction of in-tract and backbone utilities, joint trench and streetlighting, and street surface improvements, which constitute a portion of the required improvements; and WHEREAS, the Developer has submitted plans and specifications for the improvement of the In-Tract, Backbone, and Hinebaugh Creek Trail Phase Two Landscaping (“Improvement Plans”) which have been reviewed by the City Engineer and determined to be technically accurate and in conformance with the Conditions of Approval, and which collectively include all required improvements not included in prior improvement agreements; and WHEREAS, the Developer has posted performance and labor and materials bonds in conjunction with the Improvement Agreements for the construction of in-tract and backbone street surface improvements, joint trench and landscaping, and which include the cost of landscaping in the following amounts: ( 2 ) 2017-129 1) Kingwood Road and Knight Road Backbone Landscaping Improvements: Seventy Three Thousand, Eight Hundred Dollars and No Cents ($73,800.00). 2) Phase 2-B, 2-C, and 2-D and Hinebaugh Creek Trail Phase Two Land scaping Improvements: Four Hundred Thirty Thousand, Three Hundred Forty Dollars and No Cents ($430,340.00). WHEREAS, the City and Developer desire to enter into a Public Improvement Agreement for the In -Tract, Backbone and Hinebaugh Creek Trail Landscaping to more thoroughly define the terms and conditions of the construction and dedication obligations under the conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Public Improvement Agreement for the In - Tract, Backbone and Hinebaugh Creek Trail Phase Two Landscaping with the University District LLC and Vast Oak LP included as Exhibit A to this Resolution. BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed public meeting of November 14, 2017, the City Council of the City of Rohnert Park finds that the public improvements and activities were adequately described and mitigated in the University District Specific Plan Area Updated Final EIR, and that no other CEQA analysis is warranted. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Public Improvement Agreement for the Vast Oak East In -Tract, Backbone, and Hinebaugh Creek Trail Phase Two Landscaping with University District LLC in substantially similar form to the agreement attached hereto and incorporated by this reference as Exhibit A subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 14th day of November, 2017. CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A to Resolution 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk ) ) ) ) ) ) ) ) (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC AND VAST OAK LP FOR THE VAST OAK EAST IN- TRACT, BACKBONE, AND HINEBAUGH CREEK TRAIL PHASE TWO LANDSCAPING This Public Improvement Agreement (the "Agreement") is made and entered into on this ______ day of ______________ 2017 (the "Effective Date") by and between University District, LLC, a Delaware Limited Liability Company, Vast Oak LP , a California Limited Partnership ( together "Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as “Party” and collectively as “Parties”. RECITALS A. On April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-035, approving the Tentative Map for the University District Vast Oak Property, prepared by MacKay & Somps and dated February 2014 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance No. 878 approving a Development Agreement with the Developer (the “Development Agreement”) C. Both the Conditions and the Development Agreement require that the Developer provide adequate in-tract infrastructure for its development. D. The Developer has submitted plans, specifications and drawings for the various in-tract landscape improvements (the “Improvements”). The plans for the Improvements are listed in the summary below (the “Improvement Plans”). These plans are on file in the office of the City Engineer and have been approved as outlined below. • Landscape Construction Documents for: Kingwood Road and Knight Road Backbone Landscape, Vast Oak at University District, Rohnert Park, CA, _________ 2017, prepared by vanderToolen and Associates, 15 Sheets (Sheets L-0 thru L-14), and approved by the City Engineer on ________________, 2017. • Landscape Construction Documents for: Cypress East at University District Production, Parkways, Vast Oak at University District, Rohnert Park, CA, _____________ 2017, prepared by vanderToolen and Associates, 8 Sheets (Sheets L-0 thru L-7), and approved by the City Engineer on _____________, 2017. (Phase 2-B) 2 • Landscape Construction Documents for: Sycamore at University District Parkways, Production, Phase One, Vast Oak at University District, Rohnert Park, CA, ___________ 2017, prepared by vanderToolen and Associates, 12 Sheets (Sheets L-0 thru L-11), and approved by the City Engineer on _______________, 2017. (Phase 2-C) • Landscape Construction Documents for: Chestnut at University District, Vast Oak at University District, Rohnert Park, CA, ______________ 2017, prepared by vanderToolen and Associates, 8 Sheets (Sheets L-0 thru L-7), and approved by the City Engineer on ________________, 2017. (Phase 2-D) • Landscape Construction Documents for: Hinebaugh Creek Trail, Phase Two, Vast Oak at University District, Rohnert Park, CA, ____________, 2017, prepared by vanderToolen and Associates, 19 Sheets (Sheets L-0 thru L-19), and approved by the City Engineer on _____________, 2017. E. Developer intends to file final maps for Phases 2-A, 2-B, 2-C, and 2-D within the University District Vast Oak Property, consisting of 323 single-family residential lots (the “Project”) and wishes to begin the construction of the landscaping improvements and may complete the work in phases. F. City and Developer desire to enter an agreement providing for the construction and installation of the Improvements in accordance with the plans, specification and drawings described in Recital D. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together with the Project Approvals and the requirements of Chapter 16.16 of the RPMC, are hereby incorporated into and form a material part of this Agreement 2. Purpose and Effective Date 2.1 Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions for the Project. 2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above. 3. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the “Property”). 4. Improvements 4.1 Duty to Install Improvements. Developer will design, construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital D above) and to the satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The 3 construction, installation and completion of the Improvements including all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in writing of the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Developer shall have thirty (30) days from the date of the notice within which to correct, remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. 4.2. Completion Date. Developer will complete the Work within two years of the Effective Date or as required by the Conditions of Approval for the University District Vast Oak Property, whichever is sooner. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 5 shall remain enforceable throughout the term of the extension. 4.3. Estimated Cost of Work. The estimated cost of the Work is as follows: a) Kingwood Road and Knight Road Backbone Landscape Improvements: Seventy Three Thousand, Eight Hundred Dollars and Zero Cents ($73,800) b) Phase 2-B, 2-C, and 2-D and Hinebaugh Creek Trail Phase Two Landscape Improvements: Four Hundred Thirty Thousand, Three Hundred Forty Dollars and Zero Cents ($430,340.00) Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. 4.4. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as 4 necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards. 4.5. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work. Any change in the superintendent will require advance notification to the City Engineer and concurrence of the City Engineer and the Engineer of Record for the Improvement Plans. 4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. 4.7. Inspection: All of the Improvements shall be constructed and installed to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, at all times during the construction of the Improvements, have free access to the Improvements and shall be allowed to examine and inspect the Improvements and all material used and to be used in the Improvements to confirm compliance with City Plans and Specifications. 4.8. Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvements until Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance, including any encroachment permit required to carry on construction activities in the City's right-of-way as described in Section 4 .6. All work performed on the Improvements shall be done in strict compliance with the City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees and costs to construct the Improvements shall be borne solely by Developer (including the applicable Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship. 4.9. City's Inspection, Administration and Testing Costs. Developer shall pay to City the actual cost for all inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Costs"). City agrees not to double charge Developer (through the imposition of both a processing fee and a consultant charge) for any individual monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside consultants to those reasonably necessary or desirable, as determined by the City Manager or his designee in his reasonable discretion, to accomplish the requisite inspection, administration and monitoring. The estimated cost for the inspection, administration and testing services is Seven Thousand, Five Hundred Sixty Two Dollars and Ten Cents ($7,562.10) (the "Estimated Cost"). Concurrently with the execution of this Agreement, Developer shall deposit an amount equal to the Estimated Cost with City for the payment of the City Costs. In the event that the Estimated Cost is insufficient to cover the actual City Costs incurred, Developer shall, upon notice in writing by the City Engineer, deposit such additional amount as may be required to pay the City Costs. Any amount of the Estimated Cost, initial deposit or additional amounts deposited remaining after payment of all City Costs will be returned to Developer. City may, at its discretion, deposit such funds in an interest-bearing account and retain any and all interest earned. 4.10. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies 5 with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement. 4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52, Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into the storm drainage system. 4.12. Prevailing Wages. The work of the Improvements do not constitute a "public work" as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations") because the work is not being paid for in whole or in part out of public funds. City and Developer acknowledge that the construction of the Improvements is not subject to the payment of prevailing wages. Further, Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all claims, damages, suits or actions arising out of or incident to Developer's obligations under this section and the payment of prevailing wages. 4.13. Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance. 4.14. Repair of Work Damaged During Construction. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer, except as otherwise provided in section 5.18.1 4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 5.1.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 3143. 4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the Improvements, Developer shall be solely responsible for all damage to the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees. Developer shall replace or repair any portion of the Improvements that have been destroyed or damaged prior to final acceptance of completed work by the City Council or the City Engineer. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer shall repair to the satisfaction of the City Engineer any damage to the utilities systems, concrete work, street paving or other public improvements that may occur in connection with the Improvements work. 6 4.17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street, or private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances. 4.18. Final Acceptance. 4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 417 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether the written acceptances have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement. 4.18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation, the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements, if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County. 4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all work performed under this Agreement and all materials used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction. 4.20. Record Drawings. Upon completion of the Improvements and prior to final acceptance by the City Council, Developer shall deliver to City one electronic file, in a format specified by the City Engineer, and one mylar copy of "as-built" drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of 7 California as to accuracy and completeness, and shall reflect the Improvements as actually constructed, with any and all changes incorporated therein. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings. 4.21. Ownership of Improvements. From and after acceptance of the Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City. 5. Security. 5.1 Performance, Labor and Materials and Warranty Security. In accordance with Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney. 5.1.1 Performance Security. Developer shall furnish and deliver labor and materials security concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amounts below: a) Kingwood Road and Knight Road Backbone Landscape Improvements: Seventy Three Thousand, Eight Hundred Dollars and Zero Cents ($73,800) b) Phase 2-B, 2-C, and 2-D and Hinebaugh Creek Trail Phase Two Landscape Improvements: Four Hundred Thirty Thousand, Three Hundred Forty Dollars and Zero Cents ($430,340.00) The Developer may utilize bonds posted for the Public Improvement Agreement for Vast Oak East Surface and Dry Utility Improvements with the University District LLC and Vast Oak L.P., and the Public Improvement Agreement for Vast Oak East Backbone Surface and Dry Utility Improvements with the University District LLC and Vast Oak L.P., in meeting this requirement, as those bonds include the cost of the Vast Oak East In-Tract, Backbone, and Hinebaugh Creek Trail Phase Two Landscaping Improvements. The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security described in Section 5.1.3. 5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and materials security concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amounts below: a) Kingwood Road and Knight Road Backbone Landscape Improvements: Seventy Three Thousand, Eight Hundred Dollars and Zero Cents ($73,800) b) Phase 2-B, 2-C, and 2-D and Hinebaugh Creek Trail Phase Two Landscape Improvements: Four Hundred Thirty Thousand, Three Hundred Forty Dollars and Zero Cents ($430,340.00) 8 The Developer may utilize bonds posted for the Public Improvement Agreement for Vast Oak East Surface and Dry Utility Improvements with the University District LLC and Vast Oak L.P., and the Public Improvement Agreement for Vast Oak East Backbone Surface and Dry Utility Improvements with the University District LLC and Vast Oak L.P., in meeting this requirement, as those bonds include the cost of the Vast Oak East In-Tract, Backbone, and Hinebaugh Creek Trail Phase Two Landscaping Improvements. The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain each security until both (i) the City accepts the Work in accordance with Section 4.18 above and (ii) the statute of limitations to file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the security shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the security shall be released in full by the City Engineer. 5.1.3. Warranty Security. Developer shall furnish and deliver warranty security in the amount specified in section 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the Improvements and prior to release of the Performance Security, in the amounts below: a) Kingwood Road and Knight Road Backbone Landscape Improvements: Eleven Thousand, Seventy Dollars and Zero Cents ($11,070.00) b) Phase 2-B, 2-C, and 2-D and Hinebaugh Creek Trail Phase Two Landscape Improvements: Sixty Four Thousand, Five Hundred Fifty One Dollars and Zero Cents ($64,551.00) The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one (1) year following the date of recordation of the notice of acceptance of the improvements against any defective work or labor done, or defective materials furnished. 5.2. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have Developer post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement. 6. Indemnity and Insurance. 6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, omissions, or operations under this Agreement, including, but not limited to, the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence or willful misconduct of the City. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. 9 The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every contractor and sub-contractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 6.2. Insurance. Developer shall maintain Commercial General Liability Insurance protecting the City from incidents as to bodily injury liability and property damage liability that may occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance and endorsements to City before any Work commences. The insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, elected officials, employees, consultants, agents and volunteers are to be covered as additional insured’s as respects to liability arising out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, consultants, agents and volunteers. (2) The amounts of public liability and property damage coverage shall not be less than $3,000,000 (Three Million Dollars) per occurrence for bodily injury, personal injury and property damage. (3) The insurance shall be maintained in full force until the work has been completed to the satisfaction of the City Engineer. (4) The insurance policy shall provide for 30 days’ notice of cancellation to the City. The policy shall not be cancelled earlier than nor the amount of coverage be reduced earlier than 30 days after the City receives notice from the insurer of the intent of cancellation or reduction. (5) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, elected officials, employees, consultants, agents and volunteers. (6) Developer's insurance coverage shall be primary insurance as respects the City, its officers, elected officials, employees, consultants, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected officials, employees, consultants, agents and volunteers shall be in excess of Developer's insurance and shall not contribute to it. (7) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such 10 deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. (8) Developer and Developer's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Developer's workers' compensation insurance policy which arise from the work performed by Developer. In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided. 6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect. 6.4. Other Insurance Requirements. Developer shall: (1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall clearly evidence all insurance required in this section and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage except on thirty (30) days prior written notice to City. (2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein. (3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements. (4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements. (5) Place all insurance required herein with insurers licensed to do business in California. 7. Breach of Agreement; Opportunity to Cure; Remedies. 7.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work. (2) Developer assigns the Agreement without the prior written consent of City. 11 (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement. (5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the security. 7.2. Breach of Agreement; Performance by City. If the City gives Developer notice, under Section 7.1, of breach and default of this Agreement, the City may proceed to complete the Work by contract or other method the City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section 5. 7.3. Remedies. City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement, Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. 8. Miscellaneous. 8.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 8.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 12 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: University District LLC, 500 La Gonda Way, #100 Danville, CA 94526 Attn. Kevin Pohlson Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 8.3 Attorney Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 8.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 8.5. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 8.6. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney. 8.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 8.8. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 8.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 8.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 13 8.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 8.6, in which event this Agreement shall remain binding upon Developer. 8.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 8.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 8.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 8.15. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 8.16 Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 8.17 Joint and Several Liability. University District and Vast Oak agree to and shall be jointly and severally liable for all obligations of Developer under this Agreement. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. Signatures on Next Page 14 "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: By: City Manager Per Resolution No. 2017-____ adopted by the Rohnert Park City Council at its meeting of November 14, 2017. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 15 Dated: "DEVELOPER" University District LLC A Delaware Limited Liability Company By: ____________________________ Name:_______________________ Title:________________________ DEVELOPER" University District LLC A Delaware Limited Liability Company By: ____________________________ Name:_______________________ Title:________________________ Dated: "DEVELOPER" Vast Oak LP A California Limited Partnership By: ____________________________ Name:_______________________ Title:________________________ 16 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 18 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 1 RESOLUTION NO. 2017-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE MASTER MAINTENANCE AGREEMENT WITH UNIVERSITY DISTRICT LLC AND VAST OAK L.P. FOR THE VAST OAK EAST DEVELOPMENT WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-035 approving the Tentative Map for the University District Specific Plan Area, prepared by MacKay & Somps and dated February 2014 (the “Tentative Map”), subject to certain conditions of approval (“Conditions”); and WHEREAS, University District LLC (“Developer”) has submitted the Final Maps for the second phase of development under the Tentative Map, specifically Phases 2-A, 2-B, 2-C, and 2- D for the Vast Oak East Property Phase 2 (“Phase 2 Maps”), consisting of 323 single-family residential lots, for approval; and WHEREAS, the Phase 2 Maps have been reviewed by the City Engineer and City Surveyor and have been determined to be technically accurate and in conformance with the Tentative Map; and WHEREAS, the Conditions of Approval for the Tentative Map require that Developer enter into an agreement with the City for the long-term maintenance of certain improvements, including but not limited to, landscaping on private and public property, stormwater treatment measures, and the Hinebaugh Creek Trail (“Improvements”), and to establish a Homeowner’s Association (“Association”) to perform ongoing maintenance responsibilities; and WHEREAS, the City and Developer have previously entered into a Master Maintenance Agreement (Agreement) for the Vast Oak Phase 1 development; and WHEREAS, the City and Developer now intend to enter into an Amendment to the Master Maintenance Agreement (Amendment) included as Exhibit A; and WHEREAS, the Amendment provides the inclusion of the properties within the Phase 2 Maps under the Agreement; and WHEREAS, the Amendment provides for the ongoing maintenance of Improvements within the boundaries of the Phase 2 Maps and the assignment of this responsibility to the Association when appropriate and satisfies the Conditions of the Tentative Map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Amendment to the Master Maintenance Agreement included as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Master Maintenance Agreement Amendment, in substantially similar form to that amendment attached hereto and incorporated by this reference as Exhibit A subject to minor modification by the City Manager or City Attorney. ( 2 ) 2017-130 DULY AND REGULARLY ADOPTED this 14th day of November, 2017. ____________________________________ Jake Mackenzie, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Resolution Exhibit A OAK #4840-8280-0978 v1 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attention: City Clerk ) ) ) ) ) ) ) (Space Above This Line for Recorder’s Use Only) Exempt from recording fee per Gov. Code § 27383 AMENDMENT TO MASTER MAINTENANCE AGREEMENT This AMENDMENT TO MASTER MAINTENANCE AGREEMENT (“Amendment”), is made as of by and between UNIVERSITY DISTRICT, LLC, a Delaware limited liability company, and VAST OAK PROPERTIES, L.P., a California Limited Partnership , (collectively, “Developer”), and CITY OF ROHNERT PARK, a California municipal corporation (the “City”). 1. Maintenance Agreement. On April 13, 2016, Developer and City entered into an agreement entitled “MASTER MAINTENANCE AGREEMENT (University District - Vast Oak)” dated April 13, 2016 (the “Maintenance Agreement”). 2. Right to Assign. Pursuant to Section 17 of the Maintenance Agreement, City and Developer desire to add the Added Property, described in Exhibit A, attached hereto and incorporated herein by this reference, to the Maintenance Agreement. 3. Effective Date. The term “Effective Date” shall mean the date set forth above. 4. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Maintenance Agreement. 5. Project Improvements. The term “Project Improvements,” as defined in the Maintenance Agreement, is hereby amended to include those improvements described in Exhibit B, attached hereto and incorporated herein by this reference. 6. Additional Obligations. Except as expressly set forth herein, all of the covenants, obligations and rights set forth in the Maintenance Agreement shall apply to the Added Property and Developer. 7. Miscellaneous. a. Each party to this Agreement shall execute and deliver such instruments, documents and other written information and take such other actions as the other party may reasonably require in order to carry out the intent of this Agreement. b. This Agreement and all the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. c. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one instrument. Resolution Exhibit A OAK #4840-8280-0978 v1 2 d. This Agreement is made and entered into in California, and the laws of California shall govern the validity and interpretation hereof and the performance by the parties hereto of their respective duties and obligations. e. This Agreement shall be recorded in the Official Records of the County of Sonoma, State of California. IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. DEVELOPER: University District LLC, a Delaware Limited Liability Company By: Name: Title: [Signature must be notarized] Vast Oak Properties L.P., a California Limited Partnership By: Name: Title: [Signature must be notarized] CITY: City of Rohnert Park, a Municipal Corporation By: Darrin Jenkins, City Manager [Signature must be notarized] ATTEST: JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney OAK #4840-8280-0978 v1 Acknowledgment ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On ____________ __, 20__ before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) ****************************** A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On ____________ __, 20__ before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) Resolution Exhibit A OAK #4840-8280-0978 v1 Acknowledgment ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On ____________ __, 20__ before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) PETALUMA HILL ROAD P A R C E L L A P A R T M E N T S I T E ( N O T A P A R T O F " U D A S S O C I A T I O N " ) C O M M E R C I A L C E N T E R ( N O T A P A R T O F " U D A S S O C I A T I O N " ) P A R C E L J P A R C E L K P A R C E L I P A R C E L G P A R C E L N P A R C E L M P A R C E L D P A R C E L C P A R C E L A P A R C E L E P A R C E L B P A R C E L H P A R C E L F 9 2 8 9 9 5 6 5 6 2 5 9 8 0 5 6 7 7 5 3 7 4 5 0 7 1 6 8 8 3 7 8 5 4 7 3 4 9 7 2 6 7 6 6 6 1 6 0 7 9 5 5 9 6 8 4 9 0 9 1 9 7 9 8 8 8 9 3 9 4 9 9 4 7 4 8 8 5 6 3 8 2 5 8 8 1 5 7 7 6 5 2 7 5 5 1 7 0 4 6 8 7 6 9 8 6 6 4 6 0 0 1 4 7 1 4 4 1 1 8 1 2 6 1 1 0 1 2 1 1 3 4 1 2 2 1 2 5 1 3 3 1 0 9 1 1 7 1 1 3 1 1 4 1 2 9 1 3 0 1 0 6 1 0 5 1 3 7 1 3 8 1 4 1 1 2 0 1 2 7 1 2 8 1 3 5 1 0 4 1 3 6 1 1 1 1 1 2 1 1 9 1 4 3 1 4 8 1 4 9 1 0 7 1 3 9 1 0 8 1 4 0 1 1 5 1 4 5 1 1 6 1 4 6 1 2 3 1 5 0 1 2 4 1 3 1 1 3 2 1 0 1 1 0 0 1 4 2 1 0 3 1 0 2 6 0 0 4 0 3 8 4 2 3 7 4 3 3 6 4 4 3 5 4 5 3 4 4 6 3 3 4 7 3 2 4 8 3 1 4 9 3 0 5 0 2 9 5 1 2 8 5 2 2 7 5 3 2 6 5 4 4 1 3 9 8 9 1 3 4 5 6 7 1 2 1 3 1 0 1 1 7 5 6 7 7 4 6 6 7 3 7 2 7 1 7 0 6 9 7 6 6 8 2 2 5 8 6 3 6 2 6 4 6 5 2 5 5 5 2 4 5 6 2 3 5 7 5 9 2 1 1 4 1 6 1 5 1 7 1 8 2 0 6 1 6 0 1 9 P A R C E L C P A R C E L A P A R C E L B 2 6 0 0 P A R C E L D 7 7 7 8 1 6 1 1 6 0 1 5 9 1 5 8 1 7 2 1 7 1 1 7 0 1 6 9 1 6 8 1 6 7 1 6 6 1 7 3 1 7 4 1 5 7 1 2 7 1 1 9 1 2 6 1 1 8 1 3 3 1 2 5 1 1 7 1 3 2 1 2 4 1 3 1 1 2 3 1 3 0 1 2 2 1 2 9 1 2 1 1 2 8 1 2 0 1 0 9 1 0 1 1 0 8 1 0 0 1 0 7 9 9 1 1 4 1 0 6 9 8 1 1 3 1 0 5 1 1 2 1 0 4 1 1 1 1 0 3 1 1 0 1 0 2 8 4 8 5 8 6 8 0 8 1 8 2 8 3 1 6 3 1 6 4 7 9 1 6 2 1 6 5 1 3 6 1 4 4 1 3 7 1 4 5 1 3 8 1 3 9 1 4 0 1 4 1 1 4 2 1 4 3 1 1 5 1 1 6 1 8 9 1 8 1 1 8 8 1 8 0 1 8 7 1 7 9 1 8 6 1 7 8 1 9 3 1 8 5 1 7 7 1 9 2 1 8 4 1 7 6 1 9 1 1 8 3 1 9 0 1 8 2 1 5 3 1 5 2 1 5 1 1 5 0 1 4 9 1 4 8 1 5 5 1 4 7 1 5 4 1 4 6 9 1 9 5 9 4 9 3 9 2 8 9 9 0 8 8 8 7 1 7 5 1 5 6 1 3 5 1 3 4 9 7 9 6 P A R C E L B 2 4 4 P A R C E L A P A R C E L C 2 7 4 2 6 6 2 7 3 2 6 5 2 7 2 2 6 4 2 7 1 2 7 0 2 7 7 2 6 9 2 7 6 2 6 8 2 7 5 2 6 7 2 3 9 2 3 1 2 3 2 2 3 3 2 3 4 2 3 5 2 3 6 2 2 9 2 3 7 2 3 0 2 3 8 2 4 0 2 4 1 2 4 2 2 4 3 2 4 4 2 4 5 2 4 6 2 6 3 2 6 1 2 5 3 2 6 0 2 5 2 2 5 9 2 5 1 2 5 8 2 5 0 2 5 7 2 4 9 2 5 6 2 4 8 2 5 5 2 6 2 2 5 4 2 7 8 2 4 7 2 1 3 2 0 7 1 9 9 2 0 6 1 9 8 2 0 5 1 9 7 2 0 4 1 9 6 2 1 1 2 0 3 1 9 5 2 1 0 2 0 2 1 9 4 2 0 9 2 0 1 2 0 8 2 0 0 2 1 2 2 1 9 2 1 8 2 1 7 2 1 6 2 1 5 2 1 4 2 2 0 6 0 0 2 2 7 2 2 6 2 2 5 2 2 4 2 2 3 2 2 2 2 2 1 2 2 8 P A R C E L A P A R C E L B PROPOSED LAND USE SUM M A R Y PARCELLANDUSE O W N E R S H I P A R E A ( N E T ) OPEN SPACE 1 9 . 5 2 ± A C LOTS 2 9 . 0 0 ± A C ROADWAYS 1 4 . 6 3 ± A C TOTAL 6 3 . 1 5 ± A C F U T U R E H I N E B A U G H C R E E K P E D E S T R I A N B R I D G E C O M M E R C I A L C E N T E R ( N O T A P A R T O F " U D A S S O C I A T I O N " ) P A R C E L F P A R C E L J P A R C E L G P A R C E L H 91521 2 7 3 3 3 9 1420 2 6 3 2 3 8 854101117162 3 2 2 2 9 2 8 3 4 3 5 4 1 4 0 2 5 3 0 3 1 12 3 6 13 3 7 18 4 2 192 4 67 4 3 4 4 4 5 123 P A R C E L B P A R C E L A P A R C E L C 6 0 0 P A R C E L D 92 8995 6 5 6 2 5 9 80 5 6 77 5 3 74 5 0 71 6 8 8378 5 4 73 4 9 72 6 7 6 6 6 1 6 0 79 5 5 96 849091979888939499 4 7 4 8 85 6 3 82 5 8 81 5 7 76 5 2 75 5 1 70 4 6 87 6 9 86 6 4 600 1 4 7 1 4 4 118 1 2 6 110 1 2 1 1 3 4 1 2 2 1 2 5 1 3 3 109117113114 1 2 9 1 3 0 106105 1 3 7 1 3 8 1 4 1 1 2 0 1 2 7 1 2 8 1 3 5 104 1 3 6 111112119 1 4 3 1 4 8 1 4 9 107 1 3 9 108 1 4 0 115 1 4 5 116 1 4 6 1 2 3 1 5 0 1 2 4 1 3 1 1 3 2 101 100 1 4 2 103 102 6 0 0 403842374336443545344633473248314930502951285227532654413989 13456712131011 7 5 6 7 7 4 6 6 7 3 7 2 7 1 7 0 6 9 7 6 6 8 2258 6 3 6 2 6 4 6 5 2555245623575921141615171820 6 1 6019 PARCEL C P A R C E L A P A R C E L B 2600 PARCEL D 7 7 7 8 1 6 1 1 6 0 1 5 9 1 5 8 1 7 2 1 7 1 1 7 0 1 6 9 1 6 8 1 6 7 1 6 6 1 7 3 1 7 4 1 5 7 1 2 7 1 1 9 1 2 6 1 1 8 1 3 3 1 2 5 1 1 7 1 3 2 1 2 4 1 3 1 1 2 3 1 3 0 1 2 2 1 2 9 1 2 1 1 2 8 1 2 0 1 0 9 1 0 1 1 0 8 1 0 0 1 0 7 9 9 1 1 4 1 0 6 9 8 1 1 3 1 0 5 1 1 2 1 0 4 1 1 1 1 0 3 1 1 0 1 0 2 8 4 8 5 8 6 8 0 8 1 8 2 8 3 1 6 3 1 6 4 7 9 1 6 2 1 6 5 1 3 6 1 4 4 1 3 7 1 4 5 1 3 8 1 3 9 1 4 0 1 4 1 1 4 2 1 4 3 1 1 5 1 1 6 1 8 9 1 8 1 1 8 8 1 8 0 1 8 7 1 7 9 1 8 6 1 7 8 1 9 3 1 8 5 1 7 7 1 9 2 1 8 4 1 7 6 1 9 1 1 8 3 1 9 0 1 8 2 1 5 3 1 5 2 1 5 1 1 5 0 1 4 9 1 4 8 1 5 5 1 4 7 1 5 4 1 4 6 9 1 9 5 9 4 9 3 9 2 8 9 9 0 8 8 8 7 1 7 5 1 5 6 1 3 5 1 3 4 9 7 9 6 P A R C E L B 2 4 4 P A R C E L A P A R C E L C 2 7 4 2 6 6 2 7 3 2 6 5 2 7 2 2 6 4 2 7 1 2 7 0 2 7 7 2 6 9 2 7 6 2 6 8 2 7 5 2 6 7 2 3 9 2 3 1 2 3 2 2 3 3 2 3 4 2 3 5 2 3 6 2 2 9 2 3 7 2 3 0 2 3 8 2 4 0 2 4 1 2 4 2 2 4 3 2 4 4 2 4 5 2 4 6 2 6 3 2 6 1 2 5 3 2 6 0 2 5 2 2 5 9 2 5 1 2 5 8 2 5 0 2 5 7 2 4 9 2 5 6 2 4 8 2 5 5 2 6 2 2 5 4 2 7 8 2 4 7 2 1 3 2 0 7 1 9 9 2 0 6 1 9 8 2 0 5 1 9 7 2 0 4 1 9 6 2 1 1 2 0 3 1 9 5 2 1 0 2 0 2 1 9 4 2 0 9 2 0 1 2 0 8 2 0 0 2 1 2 2 1 9 2 1 8 2 1 7 2 1 6 2 1 5 2 1 4 2 2 0 6 0 0 2 2 7 2 2 6 2 2 5 2 2 4 2 2 3 2 2 2 2 2 1 2 2 8 P A R C E L A P A R C E L B L E G E N D ITEM NO. 7C4 1 Meeting Date: November 14, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving Final Maps for Vast Oaks East Development in the University District Specific Plan Area and Related Actions RECOMMENDED ACTION: Adopt a resolution approving Vast Oak East Final Map Phase 2-A, Vast Oak East Final Map Phase 2-B, Vast Oak East Final Map Phase 2-C and Vast Oak East Final Map Phase 2- D and accepting offers of dedication for public right-of-way, public parks, public utility easements, public access easements, and drainage easements BACKGROUND: The City has approved a Tentative Map and entered into a Development Agreement with the University District LLC and Vast Oak Properties L.P. (“Developer”) to facilitate the orderly development of the area known as the University District Specific Plan Area. The developer has received approval for its first phase, Vast Oak West, and this phase is nearing completion. The developer has been working to satisfy the Tentative Map Conditions and Development Agreement requirements in order to secure final maps for the second phase of its development, known as Vast Oak East. Specifically, the Developer has extended all required utilities to the site and is completing the site work necessary to support the creation of 323 single-family residential lots in four neighborhoods, referred to as Vast Oak East 2-A, 2-B, 2-C and 2-D. The Developer has applied for and received Planning Commission and City Council approval for the Development Area Plans that will guide the overall building and landscape standards for these neighborhoods. At this time the Developer is seeking approval of the final maps for these four neighborhoods and is making the property dedications, maintenance commitments and construction commitments necessary to fully satisfy its Conditions of Approval and Development Agreement requirements. While this phase of the development includes dedication of parcels for trail use on Map 2-A and 2-B, this phase of the development does not include any parkland dedication that satisfies the requirements of Section 16.14.020 of the Municipal Code. As such, these final maps have not been referred to the Park and Recreation Commission for review. ANALYSIS: The Developer has prepared a four final maps and submitted these to the City for review. The maps have been checked for technical accuracy and conformance with the Tentative Map. The maps include the required street right-of-way dedications, park land (trail) dedications 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. 7C4 2 and easement dedications in favor of the City. Pursuant to Municipal Code section 16.10.200, the Developer has also submitted (1) a certificate from the county tax collector stating that all taxes and assessments due have been paid pursuant to Government Code section 66492, and (2) verification that it has executed and filed with the clerk of the county board of supervisors security for taxes and assessments pursuant to Government Code section 66493. Further, the Developer has executed all required subdivision improvement agreements and executed an amendment to its Master Maintenance Agreement to incorporate Phase 2. Concurrently with adoption of the resolution approving the Final Map, the City Council is being asked to adopt resolutions approving the final public improvement agreement for Vast Oak East and the amendment to the Master Maintenance Agreement, which actions are requirements for approval of the final maps. ENVIRONMENTAL ANALYSIS: The proposed land dedications and final maps will allow for the development of 323 single family lots. This development was included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated July 2005) for the University District Specific Plan and analyzed in that document. The description of the development was not substantially changed by either the Final EIR (March 2006) or the CEQA Addendum (February 2014). Because the proposed improvements were included in the Project Description considered in the University District Specific Plan EIR, and their impacts were analyzed and mitigated to a less than significant level, no further CEQA analysis is required. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The approval of the final maps is an administrative action and not a discretionary action. The City is required to approve the final maps once the required Conditions of Approval have been met. The City Engineer has determined that all required conditions and requirements have been met and recommends that the final maps be approved. FISCAL IMPACT/FUNDING SOURCE: In accordance with the City’s General Plan policies, development within the University District Specific Plan Area has been designed to minimize impacts on both the General Fund and existing rate payers. This is accomplished in several ways. 1. Infrastructure construction is funded by the developer at no cost to the City. 2. Amenities within the development, including landscaping and trails and storm water quality improvements, are privately owned and maintained by a Homeowner’s Association. The approved Master Maintenance Agreement commits the developer and eventually the Homeowner’s Association to these specific obligations and avoids impacts on the City. 3. The Development Agreement requires the developer to provide a Maintenance Annuity deposit with the City when certificates of occupancy are issued for the new residential units. This Maintenance Annuity deposit has been calculated to cover the City’s cost of ITEM NO. 7C4 3 providing public services and maintaining publicly owned facilities including the new streets and Twin Creeks Park. Department Head Approval Date: 10/31/2017 City Attorney Approval Date: 11/01/2017 Finance Director Approval Date: NA City Manager Approval Date: 11/03/2017 Attachments (list in packet assembly order): 1. Resolution Approving Vast Oak East Final Map Phase 2-A, Vast Oak East Final Map Phase 2-B, Vast Oak East Final Map Phase 2-C and Vast Oak East Final Map Phase 2-D and Accepting Offers of Dedication for Public Right-of-Way, Public Parks, Public Utility Easements, Public Access Easements, and Drainage Easements 2. Resolution Exhibit A – Final Maps JH-S:05-d RESOLUTION NO. 2017-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING VAST OAK EAST FINAL MAP PHASE 2-A, VAST OAK EAST FINAL MAP PHASE 2-B, VAST OAK EAST FINAL MAP PHASE 2-C, AND VAST OAK EAST FINAL MAP PHASE 2-D, AND ACCEPTING OFFERS OF DEDICATION FOR PUBLIC RIGHT-OF-WAY, PUBLIC PARKS, PUBLIC UTILITY EASEMENTS, PUBLIC ACCESS EASEMENTS, AND DRAINAGE EASEMENTS WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-035 approving the Tentative Map for the University District Plan, prepared by MacKay & Somps and dated February 2014 (the “Tentative Map”), subject to certain conditions of approval (“Conditions”); and WHEREAS, Vast Oak Property L.P. and University District LLC (“Developer”) has submitted the Final Maps for Phases 2-A, 2-B, 2-C, and 2-D for the Vast Oak East Property (“Maps”), consisting of 278 single-family residential lots, for filing; and WHEREAS, the Maps have been reviewed by the City Engineer and City Surveyor and have been determined to be technically accurate and in conformance with the California Subdivision Map Act, the City’s Municipal Code requirements set forth in Title 16 and the Tentative Map and Conditions; and WHEREAS, the Developer has complied with all Conditions required to be completed prior to filing the final maps; and WHEREAS, pursuant to Municipal Code section 16.10.200, the Developer has submitted (1) a certificate from the county tax collector stating that all taxes and assessments due have been paid pursuant to Government Code section 66492, and (2) verification that it has executed and filed with the clerk of the county board of supervisors security for taxes and assessments pursuant to Government Code section 66493; and WHEREAS, the Developer has executed all required subdivision improvement agreements and submitted all required security in connection with the subdivision improvement agreements; and WHEREAS, the Developer has submitted all required certificates and submittals and paid all required fees, the City Engineer has presented the Final Map to the City Council pursuant to Municipal Code section 16.10.190; and WHEREAS, the Maps include the following offers of dedication: 1) Phase 2-A: Public Street Right-of-Way (Kingwood Road, Knight Road), Parcel “D” (Public Trail) and Public Utility Easements 2) Phase 2-B: Public Street Right-of-Way (Kennedy Place, Kendal Place, Kelsey Way, Kelsey Place, and Kite Place), Parcel “D” (Public Trail), Public Utility Easements, Drainage Easements (over Parcels “C” and “E”), and Public Access Easement (over Parcels “C”, “E”, and “F”). 3) Phase 2-C: Public Street Right-of-Way (Kameron Place, Kameron Way, Kassandra Place, Kasey Place, Kelsey Way, Knight Road, and Knight Way) and Public Utility Easements ( 2 ) 2017-131 4)Phase 2-D: Public Street Right-of-Way (Kristina Place, Kristina Way, Kittyhawk Place, Kittyhawk Way, and Keegan Place), and Public Utility Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that: 1. The City Council hereby finds as follows with the respect to the Tentative Map and Maps: a. The Maps are determined to be consistent with the City’s Municipal Code and the Subdivision Map Act. b. The Maps are in substantial conformance with the Tentative Map and all Conditions required to be completed prior to filing the final maps have been met. 2. The Maps, namely the Final Maps for Vast Oak East Phases 2-A, 2-B, 2-C, and 2-D, which are attached hereto and incorporated by this reference as Exhibit A, are hereby approved and the City Council accepts, subject to improvement, the Offers of Dedication for Public Right- of-Way, Public Parks, Public Utility Easements, Public Access Easements, and Drainage Easements as shown on the Maps. 3. The City Manager is hereby authorized to take any and all further actions to effectuate the recordation of the Maps in compliance with the Conditions. DULY AND REGULARLY ADOPTED this 14th day of November, 2017. CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) SITE PROJECT OWNER'S STATEMENT: THE UNDERSIGNED, UNIVERSITY DISTRICT LLC, HAVE A RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP. WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FILING OF SAID MAP OF THE SUBDIVISION SHOWN WITHIN THE BOUNDARY LINES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES: 1.THE REAL PROPERTY DESIGNATED AS KINGWOOD ROAD AND KNIGHT ROAD FOR PUBLIC RIGHT OF WAY. 2.THE AREA DESIGNATED AS PUBLIC PARK, BEING PARCEL "D" HEREON, IS HEREBY DEDICATED TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR PUBLIC PARK PURPOSES AND ANY AND ALL IMPROVEMETS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS AND MAINTENANCE EASEMENTS FOR THE IMPROVEMENTS AND APPURTENANCES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: 1.THE AREAS DESIGNATED AS "PUBLIC UTILITY EASEMENT" (PUE) ARE HEREBY DEDICATED TO THE CITY OF ROHNERT PARK ON BEHALF OF THE PUBLIC OR ITS DESIGNEE FOR UNDERGROUND ELECTRIC, GAS, CABLE TELEVISION, AND TELEPHONE USE AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS, AND MAINTENANCE EASEMENTS OF THESE IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS “LANDSCAPE EASEMENT” (LE), AS SHOWN UPON SAID MAP ARE NOT HEREBY DEDICATED FOR USE BY THE GENERAL PUBLIC, BUT ARE FOR THE USE OF LANDSCAPING. MAINTENANCE OF SAID EASEMENTS AND RELATED FACILITIES CONTAINED HEREIN ARE THE RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION, ALL IN ACCORDANCE WITH THE SUBDIVISION'S COVENANTS, CONDITIONS AND RESTRICTIONS. THE AREA DESIGNATED AS PARCEL "A" , PARCEL "B", AND PARCEL "C" AS SHOWN UPON SAID MAP ARE NOT HEREBY DEDICATED FOR USE BY THE GENERAL PUBLIC, BUT ARE RESERVED FOR FUTURE DEVELOPMENT. UNIVERSITY DISTRICT LLC, A DELAWARE LIMITED LIABILTY COMPANY BY: BY: NAME: JOHN RYAN NAME: GREG GLENN ITS: PRESIDENT ITS: CFO DATE: DATE: NTS VICINITY MAP OWNER'S ACKNOWLEDGEMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON , 20__, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL COUNTY OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: COUNTY RECORDER'S CERTIFICATE THIS MAP, ENTITLED "VAST OAK PHASE 2-A", IS HEREBY ACCEPTED FOR RECORDATION, SHOWING A CLEAR TITLE AS PER LETTER OF TITLE WRITTEN BY ___________________________________, DATED THE ______ DAY OF __________________, 20__, AND AFTER EXAMINING THE SAME, I DEEM THAT SAID MAP COMPLIES IN ALL RESPECTS WITH THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES GOVERNING THE FILING OF SUBDIVISION MAPS. FILED THIS _____ DAY OF ____________, 20__, AT _____O'CLOCK _.M. IN BOOK _____ OF MAPS, PAGE(S) ________ IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA, AT THE REQUEST OF DARRIN JENKINS, CITY MANAGER. FEE PAID $SIGNED SONOMA COUNTY RECORDER STATE OF CALIFORNIA DOCUMENT NO. BY: DEPUTY VAST OAK EAST PHASE 2-A 45 LOTS 58.43 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, RESULTANT PARCEL 1, AS DESCRIBED IN DOCUMENT NUMBER ________, SONOMA COUNTY RECORDS CITY ENGINEER'S STATEMENT: I, MARY GRACE PAWSON, CITY ENGINEER OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, ENTITLED "VAST OAK PHASE 2-A", THAT SAID SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AS APPROVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ON APRIL 8, 2014 BY RESOLUTION NUMBER 2014-035, THAT ALL OF THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: MARY GRACE PAWSON, CITY ENGINEER CITY OF ROHNERT PARK , STATE OF CALIFORNIA R.C.E. 44573 EXPIRES: 03/31/2018 CITY SURVEYOR'S STATEMENT: I, ANNE-SOPHIE TRUONG, HEREBY STATE THAT THE MAP OF THIS SUBDIVISION WAS EXAMINED BY ME OR UNDER MY DIRECTION ON BEHALF OF THE CITY OF ROHNERT PARK AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: ANNE-SOPHIE TRUONG ACTING CITY SURVEYOR LS 8998 CITY CLERK'S CERTIFICATE I, JOANNE M. BUERGLER, CITY CLERK OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS MAP, ENTITLED, "VAST OAK PHASE 2-A", WAS PRESENTED TO THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS PROVIDED BY LAW AT A REGULAR MEETING THEREOF HELD ON THE _____ DAY OF __________ 20__ AND THAT SAID CITY COUNCIL DID THEREUPON APPROVE SAID MAP. SAID COUNCIL ALSO, ON BEHALF OF THE CITY, DID ACCEPT, SUBJECT TO IMPROVEMENTS, ANY REAL PROPERTY AND EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE OFFER OF DEDICATION. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF __________________ 20__. DATE: JOANNE M. BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA [FIRST AMERICAN TITLE COMPANY] Exhibit A to Resolution SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF UNIVERSITY DISTRICT LLC IN MARCH, 2014. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY; THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED PRIOR TO THE ACCEPTANCE OF THE IMPROVEMENTS, OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE SEPTEMBER, 2018, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATE: IAN BRUCE MACDONALD, LS 8817 LICENSE EXPIRES: 12-31-17 SPECIAL ASSESSMENTS CERTIFICATE: I, JOANNE BUERGLER, IN AND FOR THE CITY OF ROHNERT PARK, STATE OF CALIFORNIA DO HEREBY CERTIFY THAT, AS OF THIS DATE, THERE ARE NO SPECIAL ASSESSMENTS PENDING AGAINST SAID TRACT OF LAND OTHER THAN THOSE WHICH HAVE BEEN RECORDED AND OF WHICH THE SONOMA COUNTY TREASURER'S OFFICE SHOULD BE AWARE. DATED: JOANNE BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA SOILS REPORT A GEOTECHNICAL EXPLORATION UPDATE PREPARED BY ENGEO INCORPORATED FOR UD LLC AND VAST OAK PROPERTIES LOCATED IN ROHNERT PARK, CALIFORNIA, PROJECT NO. 5716.1.001.01, DATED APRIL 3, 2006 AND REVISED DECEMBER 12, 2012 IS ON FILE WITH THE CITY OF ROHNERT PARK. COUNTY TAX COLLECTOR'S CERTIFICATE ACCORDING TO THE RECORDS IN THE OFFICE OF THE UNDERSIGNED, THERE ARE NO LIENS AGAINST THIS SUBDIVISION, OR ANY PART THEREOF, FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. MY ESTIMATE OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES AND NOT YET PAYABLE IS $___________. THE LAND IN SAID SUBDIVISION IS NOT SUBJECT TO A SPECIAL ASSESSMENT OR BOND WHICH MAY BE PAID IN FULL, EXCEPT SPECIAL ASSESSMENTS FOR BONDS PAYABLE IN FULL FOR WHICH I ESTIMATE THAT THE AMOUNT REQUIRED FOR FULL PAYMENT IS $_____________. DATE: TAX COLLECTOR COUNTY OF SONOMA, STATE OF CALIFORNIA BY: COUNTY CLERK'S CERTIFICATE I CERTIFY THAT ALL BONDS, MONEY OR NEGOTIABLE BONDS REQUIRED UNDER THE PROVISIONS OF THE SUBDIVISION MAP ACT TO SECURE THE PAYMENT OF TAXES AND ASSESSMENTS HAVE BEEN FILED WITH, AND APPROVED BY, THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, NAMELY: BOND(S) UNDER GOVERNMENT CODE SECTIONS 66593(a) AND 66493(c) IN THE SUM OF $ AND $ RESPECTIVELY. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THIS DAY OF , 20__. CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SONOMA, STATE OF CALIFORNIA BY: VAST OAK EAST PHASE 2-A 45 LOTS 58.43 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, RESULTANT PARCEL 1, AS DESCRIBED IN DOCUMENT NUMBER ________, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] N89°56'07"W 1895.13' N90°00'00"W 1592.74' N89°23'45"E 1191.15' BNDY N90°00'00"E 23.00' BNDY N0°00'00"E 192.00' BNDY N90°00'00"W 23.00' BNDY N0°00'00"E 503.38' BNDY N90°00'00"E 194.12' BNDY N0 ° 0 0 ' 0 0 " E 52 1 . 3 0 ' B N D Y N89°56'07"W 733.19' BNDY N0°00'10"W 190.01' BNDY N90°00'00"E 507.90' BNDY N50°19'48"W 278.28' BNDY N90°00'00"E 161.01' BNDY N0°30'08"E 148.48' BNDY R=64.00' Δ=24°33'20" L=27.43' BNDY R=21.00' Δ=25°03'27" L=9.18' BNDY N0°00'00"E 433.00' BNDY 36 5 . 0 0 ' 68.00' N0 ° 0 0 ' 0 0 " E 8 7 2 . 1 6 ' B N D Y PARCEL A 41.78±AC N89°23'45"E 83.75'N0°00'00"E 58.00' DETAIL C NOT TO SCALEDETAIL B NOT TO SCALE DETAIL A NOT TO SCALE NORTHING EASTING NORTHING EASTING NAD27 (R-4)(NAD83 CA ZONE II, EPOCH 1991.35 ) PET #1 244,558.52 1,809,048.24 1,884,952.6 6,370,404.5 PET #5 252,493.30 1,809,044.25 1,892,887.3 6,370,400.5 VAST OAK EAST PHASE 2-A 45 LOTS 58.43 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, RESULTANT PARCEL 1, AS DESCRIBED IN DOCUMENT NUMBER ________, SONOMA COUNTY RECORDS BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. [FIRST AMERICAN TITLE COMPANY] NOTE: ALL DIMENSIONS AND DISTANCES ARE GIVEN IN FEET AND DECIMALS THEREOF. PARCEL D 9 15 21 27 33 39 14 20 26 32 3885 4 10 11 17 16 23 22 29 28 34 35 41 40 25 30 3112 3613 3718 42192467 43 44 45 1 2 3 PARCEL B PARCEL C 600 N90°00'00"W 1606.67' N0 ° 0 0 ' 0 0 " E 52 1 . 3 0 ' B N D Y 9 15 21 27 33 39 14 20 26 32 3885 4 10 11 17 16 23 22 29 28 34 35 41 40 25 30 3112 3613 3718 42192467 43 44 45 1 2 3 5.38±AC PARCEL B 4.65±AC PARCEL C 39 6 . 3 0 ' 181.93' N89°23'45"E 1191.15' BNDY N90°00'00"E 882.00' C 1 C2 N0 ° 0 0 ' 0 0 " E 4 6 5 . 6 0 ' B N D Y N90°00'00"E 1097.78' R=20.00' Δ=90°00'00" L=31.42' N0 ° 0 0 ' 0 0 " E 1 9 7 . 7 7 ' N90°00'00"W 904.09' R=20.00' Δ=98°54'15" L=34.52' Δ = 5 ° 3 9 ' 3 5 " L = 1 0 2 . 1 4 ' N00°00'00"E(R) N18°17'53"W 54.76' N00°00'00"E(R) R=20.00' Δ=80°18'46" L=28.03' R = 9 6 6 . 0 0 ' Δ = 1 1 ° 1 6 ' 5 8 " L = 1 9 0 . 2 3 ' 955.63' L1 L2 N90°00'00"E 534.55' BNDY R = 9 6 6 . 0 0 ' Δ = 1 1 ° 5 7 ' 2 2 " L = 2 0 1 . 5 8 ' B N D Y R = 1 0 3 4 . 0 0 ' Δ = 1 2 ° 4 7 ' 5 5 " L = 2 3 0 . 9 7 ' B N D Y N0 ° 0 0 ' 0 0 " E 4 4 0 . 3 8 ' B N D Y 1592.74' SEE DETAIL D BELOW N82°10'31"E 12.11' BNDY R = 1 0 3 4 . 0 0 ' Δ = 8 ° 5 4 ' 1 5 " L = 1 6 0 . 6 9 ' SEE DETAIL F BELOW N90°00'00"E 636.00' M-M N 5 ° 5 8 ' 4 1 " W 2 0 8 . 2 9 ' M - M N 5 ° 3 3 ' 2 4 " W 2 2 2 . 9 2 ' M - M N0°00'00"W 96.48' M-M N90°00'00"E 194.12' BNDY N90°00'00"W 1040.00' M-M 936.00' M-PL 104.00' M-PL N86°45'19"E(R) 30 ' 38 ' 30 ' 38 ' 30 ' 38 ' 34'34' 34'34' 34' N90°00'00"W 451.12' M-M N89°23'45"E 1257.97' M-M N89°23'45"E 184.51' M-M N89°23'45"E 887.27' M-M N0°00'00"E 58.00' M-M(83.75') N89°23'45"E 1766.54' M-M 30 ' 38 ' N0°00'00"E 433.00' BNDY N0°00'00"E 872.16' BNDY N1°11'17"E 31.12' BNDY 41.78±AC PARCEL A N86°08'46"E 340.31' N82°10'31"E 2 3 9 . 5 8 ' Line Table Line # L1 L2 Bearing N0°00'00"E N0°00'00"E Length 46.48' 46.48' Curve Table Curve # C1 C2 C3 C4 C5 Radius 20.00' 20.00' 30.00' 57.00' 8.00' Delta 90°00'00" 90°00'00" 15°12'17" 15°12'17" 90°00'00" Length 31.42' 31.42' 7.96' 15.13' 12.57' PARCEL D 13.93' N1 ° 1 1 ' 1 7 " E 31 . 1 2 ' B N D Y R = 5 0 .0 0 ' Δ = 2 2 °1 2 '3 7 " L = 1 9 .3 8 ' B N D Y R =5 0 .0 0 ' Δ =2 1 °0 1 '2 0 " L =1 8 .3 5 ' B N D Y N0 ° 0 0 ' 0 0 " E 46 5 . 6 0 ' B N D Y N90°00'00"W 1606.67' 1572.00' N0°00'00"E 440.38' BNDY N90°00'00"E 534.55' BNDY N72°48'03"E(R) N0 ° 0 0 ' 0 0 " E 38 . 0 0 ' M - P L N90°00'00"E 636.00' M-M 20.74' N90°00'00"E 45.63' BNDY N26°47'25"W(R)R =4 7 .5 0 'Δ =8 0 °2 4 '3 2 " L =6 6 .6 6 ' N0°00'00"E 14.60' 0.16±AC PUBLIC PARK PARCEL D 21.41'24.22' 15 . 8 5 ' 15 . 2 7 ' C3 C4 C 5 41.78±AC PARCEL A 25 . 0 0 ' 13.5'13.5' 27' PAE, PUE 10'10' N45°21'06"E 2.29' N89°23'45"E 1191.15' BNDY 955.63' R=966.00' Δ=11°16'58" L=190.23' N86°08'46"E 27.21' BNDY N44°48'07"W 15.38' BNDY N89°09'27"W(R) R=1034.00' Δ 12°47'55" L=230.97' BNDY 36.04'17.55' N0°36'15"W 71.42' M-M 13 . 4 2 ' M- P L 58.00' M-PL N88°24'15"W(R) N5°33'24"W 222.92' M-M NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. VAST OAK EAST PHASE 2-A 45 LOTS 58.43 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, RESULTANT PARCEL 1, AS DESCRIBED IN DOCUMENT NUMBER ________, SONOMA COUNTY RECORDS BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. PARCEL D 0.16±AC PUBLIC PARK [FIRST AMERICAN TITLE COMPANY] 9 15 21 27 14 20 2685 4 10 11 17 16 23 22 29 28 25 301213181924671 2 3 3140± SF 27 2726± SF 26 2760± SF 25 29 28 30 N90°00'00"E 194.12' BNDY N90°00'00"W 1606.67' N0 ° 0 0 ' 0 0 " E 5 2 1 . 3 0 ' B N D Y N90°00'00"W 1097.78' N90°00'00"W 882.00' 69.00'69.00'56.12' 40 . 0 0 ' 39 . 5 0 ' 45 . 5 0 ' 69.00'69.00'69.00'69.00'69.00'69.00' 12.88' 69.00'69.00'69.00'69.00'69.00'69.00'69.00'69.00'69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 40 . 0 0 ' N0 ° 0 0 ' 0 0 " W 39 . 5 0 ' N0 ° 0 0 ' 0 0 " W 45 . 5 0 ' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 39 . 5 0 ' N0 ° 0 0 ' 0 0 " W 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 40 . 0 0 ' N0 ° 0 0 ' 0 0 " W 39 . 5 0 ' N0 ° 0 0 ' 0 0 " W 45 . 5 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 39 . 5 0 ' N0 ° 0 0 ' 0 0 " W 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' 3140± SF 9 3140± SF 15 3140± SF 21 2726± SF 14 2726± SF 20 2726± SF 8 2726± SF 5 3140± SF 4 3140± SF 10 2726± SF 11 2726± SF 17 3140± SF 16 2726± SF 23 3140± SF 22 2760± SF 12 2760± SF 13 2760± SF 18 2760± SF 19 2760± SF 24 2760± SF 6 2760± SF 7 2760± SF 1 2726± SF 2 3140± SF 3 PARCEL B 936.00' M-PL N90°00'00"W 1040.00' M-M 104.00' M-PL N90°00'00"W 237.12' M-M N0 ° 0 0 ' 0 0 " E 50 3 . 0 0 ' M - M 30 ' 38 ' 30 ' 38 ' 36 5 . 0 0 ' N0 ° 0 0 ' 0 0 " E 43 3 . 0 0 ' B N D Y 41.78±AC PARCEL A 27 33 39 26 32 3829 28 34 35 41 40 25 30 31 36 37 42 43 44 45 2726± SF 29 3140± SF 28 2760± SF 30 27 26 25 N90°00'00"W 1606.67' N90°00'00"W 1097.78' N90°00'00"W 882.00' 69.00'69.00'69.00'69.00'69.00'110.12' 69.00'69.00'69.00'69.00'69.00'131.78'R =1 0 3 4 .0 0 ' Δ =8 °5 4 '1 5 " L =1 6 0 .6 9 N0 ° 0 0 ' 0 0 " E 46 . 4 8 ' R=2 0 . 0 0 ' Δ=90 ° 0 0 ' 0 0 " L=3 1 . 4 2 N90°00'00"W 130.12' N90°00'00"W 130.20' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N90°00'00"W 69.00' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 40 . 0 0 ' N0 ° 0 0 ' 0 0 " W 39 . 5 0 ' N0 ° 0 0 ' 0 0 " W 45 . 5 0 ' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 39 . 5 0 ' N0 ° 0 0 ' 0 0 " W 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 40 . 0 0 ' N0 ° 0 0 ' 0 0 " E 39 . 5 0 ' N0 ° 0 0 ' 0 0 " E 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 45 . 5 0 ' N0 ° 0 0 ' 0 0 " W 39 . 5 0 ' N0 ° 0 0 ' 0 0 " W 40 . 0 0 ' 3140± SF 33 3140± SF 39 2726± SF 32 2726± SF 38 3140± SF 34 2726± SF 35 2726± SF 41 3140± SF 40 2760± SF 31 2760± SF 36 2760± SF 37 2760± SF 42 5119± SF 43 5141± SF 44 5953± SF 45 PARCEL B 25 . 0 0 ' 20.00' 26 . 4 8 ' Δ=0°43'18" L=13.02' Δ =2 °3 1 '2 3 " L =4 5 .5 3 'N89°16'42"E(R) N86°45'19"E(R) 936.00' M-PL N90°00'00"W 1040.00' M-M N0 ° 0 0 ' 0 0 " W 9 6 . 4 8 ' M - M N 5 ° 5 8 ' 4 1 " W 2 0 8 . 2 9 ' M - M N90°00'00"E 636.00' M-M 30 ' 38 ' 30 ' 38 ' 34'34' 34'34' 30 ' 38 ' (54.00')(54.00') 10.00' 41.78±AC PARCEL A VAST OAK EAST PHASE 2-A 45 LOTS 58.43 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, RESULTANT PARCEL 1, AS DESCRIBED IN DOCUMENT NUMBER ________, SONOMA COUNTY RECORDS BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. [FIRST AMERICAN TITLE COMPANY] SITE PROJECT OWNER'S STATEMENT: THE UNDERSIGNED, UNIVERSITY DISTRICT LLC, HAVE A RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP. WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FILING OF SAID MAP OF THE SUBDIVISION SHOWN WITHIN THE BOUNDARY LINES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES: 1.THE REAL PROPERTY DESIGNATED AS KENNEDY PLACE, KENDAL PLACE, KELSEY WAY, KITE PLACE, AND KELSEY PLACE FOR PUBLIC RIGHT OF WAY. 2.THE AREA DESIGNATED AS PUBLIC PARK, BEING PARCEL "D" HEREON, IS HEREBY DEDICATED TO THE CITY OF ROHNERT PARK ON BEHALF OF THE PUBLIC OR ITS DESIGNEE FOR PUBLIC PARK PURPOSES AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS AND MAINTENANCE EASEMENTS FOR THE IMPROVEMENTS AND APPURTENANCES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS EASEMENT FOR PUBLIC PURPOSES: 1.THE AREA DESIGNATED AS "DRAINAGE EASEMENT", OVER PARCELS "C" AND "E" HEREON, IS HEREBY DEDICATED TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR DRAINAGE PURPOSES AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS, AND MAINTENANCE EASEMENTS FOR THESE IMPROVEMENTS AND APPURTENANCES. 2.THE AREA DESIGNATED AS "PUBLIC ACCESS EASEMENT", OVER A PORTION OF PARCEL F, AND OVER PARCELS "C" AND "E" HEREON, ARE HEREBY DEDICATED TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR PUBLIC INGRESS AND EGRESS PURPOSES AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS, AND MAINTENANCE EASEMENTS FOR THESE IMPROVEMENTS AND APPURTENANCES. 3.THE AREAS DESIGNATED AS "PUBLIC UTILITY EASEMENT" (PUE) ARE HEREBY DEDICATED TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR UNDERGROUND ELECTRIC, GAS, CABLE TELEVISION, AND TELEPHONE USE AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS, AND MAINTENANCE EASEMENTS FOR THESE IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS PARCELS "C" AND "E" AS SHOWN UPON SAID MAP ARE NOT HEREBY DEDICATED FOR USE BY THE GENERAL PUBLIC, BUT ARE RESERVED FOR OPEN SPACE PURPOSES. MAINTENANCE OF SAID PARCELS WILL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION OF THE SUBDIVISION AS SHOWN UPON THIS MAP IN ACCORDANCE WITH THE SUBDIVISIONS COVENANTS, CONDITIONS AND RESTRICTIONS. SAID PARCEL ARE TO BE CONVEYED TO THE HOMEOWNERS ASSOCIATION BY SEPARATE DOCUMENT SUBSEQUENT TO THE FILING OF THIS MAP. THE AREAS DESIGNATED AS PARCEL "A", PARCEL "B", AND PARCEL "G" AS SHOWN UPON SAID MAP ARE NOT HEREBY DEDICATED FOR USE BY THE GENERAL PUBLIC, BUT ARE RESERVED FOR FUTURE DEVELOPMENT. THE AREA DESIGNATED AS PARCEL "F" AS SHOWN UPON SAID SAID MAP IS NOT HEREBY DEDICATED FOR USE BY THE GENERAL PUBLIC, BUT IS TO BE CONVEYED TO THE HOMEOWNERS ASSOCIATION BY SEPARATE DOCUMENT SUBSEQUENT TO THE FILING OF THIS MAP. UNIVERSITY DISTRICT LLC, A DELAWARE LIMITED LIABILTY COMPANY BY: BY: NAME: JOHN RYAN NAME: GREG GLENN ITS: PRESIDENT ITS: CFO DATE: DATE: NTS VICINITY MAP OWNER'S ACKNOWLEDGEMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON , 20__, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL COUNTY OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: COUNTY RECORDER'S CERTIFICATE THIS MAP, ENTITLED "VAST OAK PHASE 2-B", IS HEREBY ACCEPTED FOR RECORDATION, SHOWING A CLEAR TITLE AS PER LETTER OF TITLE WRITTEN BY ___________________________________, DATED THE ______ DAY OF _______________, 20__, AND AFTER EXAMINING THE SAME, I DEEM THAT SAID MAP COMPLIES IN ALL RESPECTS WITH THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES GOVERNING THE FILING OF SUBDIVISION MAPS. FILED THIS _____ DAY OF ____________, 20__, AT _____O'CLOCK _.M. IN BOOK _____ OF MAPS, PAGE(S) ________ IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA, AT THE REQUEST OF DARRIN JENKINS, CITY MANAGER. FEE PAID $SIGNED SONOMA COUNTY RECORDER STATE OF CALIFORNIA DOCUMENT NO. BY: DEPUTY VAST OAK EAST PHASE 2-B 78 LOTS 69.50 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK PHASE 2-A AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, AND RESULTANT PARCELS C AND D2, AS DESCRIBED IN DOCUMENT NUMBER 2015-010549 SONOMA COUNTY RECORDS CITY ENGINEER'S STATEMENT: I, MARY GRACE PAWSON, CITY ENGINEER OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, ENTITLED "VAST OAK PHASE 2-B", THAT SAID SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AS APPROVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ON APRIL 8, 2014 BY RESOLUTION NUMBER 2014-035 THAT ALL OF THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: MARY GRACE PAWSON, CITY ENGINEER CITY OF ROHNERT PARK , STATE OF CALIFORNIA R.C.E. 44573 EXPIRES: 03/31/2018 CITY SURVEYOR'S STATEMENT: I, ANNE-SOPHIE TRUONG, HEREBY STATE THAT THE MAP OF THIS SUBDIVISION WAS EXAMINED BY ME OR UNDER MY DIRECTION ON BEHALF OF THE CITY OF ROHNERT PARK AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: ANNE-SOPHIE TRUONG ACTING CITY SURVEYOR LS 8998 CITY CLERK'S CERTIFICATE I, JOANNE M. BUERGLER, CITY CLERK OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS MAP, ENTITLED, "VAST OAK PHASE 2-B", WAS PRESENTED TO THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS PROVIDED BY LAW AT A REGULAR MEETING THEREOF HELD ON THE _____ DAY OF __________ 20__ AND THAT SAID CITY COUNCIL DID THEREUPON APPROVE SAID MAP. SAID COUNCIL ALSO, ON BEHALF OF THE CITY, DID ACCEPT, SUBJECT TO IMPROVEMENTS, ANY REAL PROPERTY AND EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE OFFER OF DEDICATION. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF __________________ 20__. DATE: JOANNE M. BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA [FIRST AMERICAN TITLE COMPANY] SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF UNIVERSITY DISTRICT LLC IN MARCH, 2014. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY; THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED PRIOR TO THE ACCEPTANCE OF THE IMPROVEMENTS, OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE SEPTEMBER, 2018, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATE: IAN BRUCE MACDONALD, LS 8817 LICENSE EXPIRES: 12-31-17 SPECIAL ASSESSMENTS CERTIFICATE: I, JOANNE BUERGLER, IN AND FOR THE CITY OF ROHNERT PARK, STATE OF CALIFORNIA DO HEREBY CERTIFY THAT, AS OF THIS DATE, THERE ARE NO SPECIAL ASSESSMENTS PENDING AGAINST SAID TRACT OF LAND OTHER THAN THOSE WHICH HAVE BEEN RECORDED AND OF WHICH THE SONOMA COUNTY TREASURER'S OFFICE SHOULD BE AWARE. DATED: JOANNE BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA SOILS REPORT A GEOTECHNICAL EXPLORATION UPDATE PREPARED BY ENGEO INCORPORATED FOR UD LLC AND VAST OAK PROPERTIES LOCATED IN ROHNERT PARK, CALIFORNIA, PROJECT NO. 5716.1.001.01, DATED APRIL 3, 2006 AND REVISED DECEMBER 12, 2012 IS ON FILE WITH THE CITY OF ROHNERT PARK. COUNTY TAX COLLECTOR'S CERTIFICATE ACCORDING TO THE RECORDS IN THE OFFICE OF THE UNDERSIGNED, THERE ARE NO LIENS AGAINST THIS SUBDIVISION, OR ANY PART THEREOF, FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. MY ESTIMATE OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES AND NOT YET PAYABLE IS $___________. THE LAND IN SAID SUBDIVISION IS NOT SUBJECT TO A SPECIAL ASSESSMENT OR BOND WHICH MAY BE PAID IN FULL, EXCEPT SPECIAL ASSESSMENTS FOR BONDS PAYABLE IN FULL FOR WHICH I ESTIMATE THAT THE AMOUNT REQUIRED FOR FULL PAYMENT IS $_____________. DATE: TAX COLLECTOR COUNTY OF SONOMA, STATE OF CALIFORNIA BY: COUNTY CLERK'S CERTIFICATE I CERTIFY THAT ALL BONDS, MONEY OR NEGOTIABLE BONDS REQUIRED UNDER THE PROVISIONS OF THE SUBDIVISION MAP ACT TO SECURE THE PAYMENT OF TAXES AND ASSESSMENTS HAVE BEEN FILED WITH, AND APPROVED BY, THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, NAMELY: BOND(S) UNDER GOVERNMENT CODE SECTIONS 66593(a) AND 66493(c) IN THE SUM OF $ AND $ RESPECTIVELY. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THIS DAY OF , 20__. DATE: CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SONOMA, STATE OF CALIFORNIA BY: VAST OAK EAST PHASE 2-B 78 LOTS 69.50 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK PHASE 2-A AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, AND RESULTANT PARCELS C AND D2, AS DESCRIBED IN DOCUMENT NUMBER 2015-010549 SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] N89°56'07"W 1895.13' 68.00' N90°00'00"W 194.12' N0 ° 0 0 ' 0 0 " E 5 2 1 . 3 0 ' N0°00'00"E 58.00' N89°23'45"E 83.75' N89°56'07"W 733.19' BNDY N90°00'00"E 23.00' BNDY N90°00'00"E 23.00' BNDY N90°00'00"W 1606.67' BNDY N90°00'00"E 161.01' BNDY N50°19'48"W 278.28' BNDY N90°00'00"E 507.90' BNDY N0°00'10"W 190.01' BNDY N0 ° 0 0 ' 0 0 " E 50 3 . 3 8 ' B N D Y N0 ° 0 0 ' 0 0 " E 36 5 . 0 0 ' B N D Y N90°00'00"E 23.00' BNDY N90°00'00"E 23.00' BNDY N90°00'00"E 23.00' BNDY N0°00'00"E 192.00' BNDY N0 ° 0 0 ' 4 1 " E 12 9 0 . 0 6 ' B N D Y N89°24'36"E 433.73' BNDY N0 ° 0 1 ' 4 4 " W 1 3 8 4 . 5 2 ' B N D Y N89°58'24"W 30.00' BNDY N0 ° 0 1 ' 5 0 " W 1 0 6 1 . 5 8 ' B N D Y N2°48'27"E 379.33' BNDY R=40.00' Δ=85°15'48" L=59.53' BNDY N88°04'15"E 201.29' BNDY N85°40'30"E 100.21' BNDY N82°10'31"E 50.71' BNDY N0 ° 0 0 ' 0 0 " E 46 5 . 6 0 ' B N D Y N1°11'17"E 15.27' BNDY R=50.00' Δ=22°12'37" L=19.38' BNDY R=50.00' Δ=21°01'20" L=18.35' BNDY 30' 20' 12 8 0 . 8 3 ' 11 7 5 . 0 8 ' DETAIL C NOT TO SCALE DETAIL B NOT TO SCALE DETAIL A NOT TO SCALE NORTHING EASTING NORTHING EASTING NAD27 (R-4)(NAD83 CA ZONE II, EPOCH 1991.35 ) PET #1 244,558.52 1,809,048.24 1,884,952.6 6,370,404.5 PET #5 252,493.30 1,809,044.25 1,892,887.3 6,370,400.5 BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-B 78 LOTS 69.50 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK PHASE 2-A AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, AND RESULTANT PARCELS C AND D2, AS DESCRIBED IN DOCUMENT NUMBER 2015-010549 SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] NOTE: ALL DIMENSIONS AND DISTANCES ARE GIVEN IN FEET AND DECIMALS THEREOF. N68°43'57"W 82.66' N90°00'00"E 98.00' R = 1 3 6.00' Δ = 3 2 °58'22" L = 7 8.27'N90°00'00"W 98.00' 85 83 87 82 88 81 89 80 90 79 91 78 92 77 93 76 94 75 95 74 96 73 97 72 98 71 99 8684 53 54 46 48 49 50 51 52 57 58 55 56 120 112 119 111 118 117 116 115 114 121 113 67 103 108 107 109 110 70 100 69 101 68 102 10466 59 61 60 62 63 65 10610564 PARCEL C PARCEL A PARCEL B 47 600 PARCEL D 122 123 73 97 72 98 71 99 57 58 56 112 111 113 67 103 108 107 109 110 70 100 69 101 68 102 10466 59 61 60 62 63 65 10610564 88 81 89 80 90 79 91 78 92 77 93 76 94 115 868485 53 54 46 48 49 50 51 52 55 120 119 118 117 N90°00'00"E 507.90' BNDY 116 12183 N 5 0 ° 1 9 ' 4 8 " W 2 7 8 . 2 8 ' B N D Y 87 82 N90°00'00"E 161.01' BNDY 75 95 74 96 114 12.93±AC PARCEL B 15.32±AC PARCEL A N89°56'07"W 733.19' BNDY N0 ° 0 0 ' 1 0 " W 19 0 . 0 1 ' B N D Y R=21.00' Δ=25°03'27" L=9.18' N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' N0 ° 0 0 ' 0 0 " E 19 2 . 0 0 ' B N D Y N0 ° 0 0 ' 0 0 " E 5 0 3 . 3 8 ' B N D Y N90°00'00"E 23.00' BNDY N90°00'00"E 23.00' BNDY N0 ° 0 0 ' 0 0 " E 3 6 5 . 0 0 ' B N D Y N90°00'00"W 1606.67' BNDY 708.10' N0 ° 0 0 ' 0 0 " E 9 8 0 . 0 0 ' 636.00'550.74' 0.81±AC PARCEL C 1.46±AC PARCEL D 122 123 47 N90°00'00"E 200.00' M-M N0 ° 0 0 ' 0 0 " E 4 9 2 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 4 7 1 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 5 0 3 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 5 2 4 . 0 0 ' M - M N90°00'00"W 106.00' M-PL N90°00'00"E 636.00' M-M (R-19)N90°00'00"W 636.00' M-MN90°00'00"W 200.00' M-MN90°00'00"W 204.00' M-M N0 ° 0 0 ' 0 0 " E 5 0 3 . 0 0 ' M - M ( R - 1 7 ) N90°00'00"E 204.00' M-M N0 ° 0 0 ' 0 0 " E 2 9 8 . 0 0 ' M - M ( R - 1 7 ) N0°00'00"E 38.00' M-PL 77.00' M-PL N0 ° 0 0 ' 0 0 " E 2 1 4 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 2 1 4 . 0 0 ' M - M (R - 1 7 ) 49.00' C1 R=45.50' Δ=104°34'55" L=83.05' L1(R) N90°00'00"W 72.92' N59° 5 3 ' 0 5 " E 140. 2 7 ' N0°00'00"E 25.11' C2 C3 N90°00'00"W 98.00'C4 C5 N69°00'07"W(R) 9.50' N90°00'00"W 168.07' L2(R) L3(R) C6C7L4C8C9 L5(R) L6 N87°15'12"W 103.14' C10 C11 N90°00'00"E 101.52' C12 C13 N86°32'41"E 138.12' R=998.00' Δ=5°26'37" L=94.82' C14 C15 L7 C16 L8 L9 L10L11 R =1 6 4 .0 0' Δ =2 5 °1 3 '5 5 " L =7 2 .2 2' N81°31'53"E 90.13' R=64.00' Δ=33°31'35" L=37.45' C17 C18 R=64.00' Δ=46°31'10" L=51.96' N68 ° 3 2 ' 1 7 " W 83. 5 4 ' R=16 4. 0 0 ' Δ=33°0 4 ' 2 7 " L=9 4.6 7 ' L 1 2 N68°26'11"W 34.30' C19 C20 C21 N0 ° 0 0 ' 0 0 " E 86 9 . 3 8 ' R=39.50' Δ=25°03'27" L=17.27' R=45.50' Δ=140°06'55" L=111.27' C22N90°00'00"W 98.00'C23 C24L13(R) N6 3 ° 2 9 ' 5 7 " W 11 4 . 1 5 ' L1 4 N65°17'57"E(R) 9.50' C25 C26 49.00' 13.18±AC PARCEL F 17 3 . 2 5 ' L15 75.04'93.03'48 . 0 8 ' 50 . 3 0 ' DRAINAGE EASEMENT, PUBLIC ACCESS EASEMENT N06°21'57"E(R) 46 5 . 0 0 ' M - P L 48 6 . 0 0 ' M - P L 12.24±AC PARCEL G N0 ° 0 0 ' 4 1 " E 12 9 0 . 0 6 ' B N D Y N0 ° 0 0 ' 0 0 " E 8 7 2 . 1 6 ' Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 Bearing N79°31'28"W N34°46'14"E N34°46'14"E N90°00'00"W N55°47'16"W N90°00'00"W N90°00'00"W N56°17'57"E N89°56'07"W N0°00'10"W N56°17'57"E N35°27'50"W N26°51'28"W N0°00'00"E N90°00'00"W Length 9.50' 4.56' 9.50' 105.99' 9.50' 75.52' 70.61' 75.51' 25.09' 16.76' 70.19' 25.62' 9.50' 60.00' 98.00' Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 Radius 39.50' 45.50' 39.50' 39.50' 45.50' 45.50' 39.50' 39.50' 45.50' 64.00' 21.00' 21.00' 64.00' 64.00' 21.00' 10.00' 21.00' 21.00' 21.00' 21.00' 64.00' 39.50' 39.50' 45.50' 45.50' 39.50' Delta 25°03'27" 31°53'00" 25°31'04" 25°31'04" 94°31'11" 52°35'06" 17°48'53" 17°48'53" 73°36'08" 30°51'36" 33°36'24" 33°08'10" 29°40'51" 33°57'23" 25°03'27" 33°42'03" 25°03'27" 25°03'27" 21°33'49" 25°03'27" 140°06'55" 25°03'27" 25°03'27" 51°54'55" 90°21'25" 25°03'27" Length 17.27' 25.32' 17.59' 17.59' 75.06' 41.76' 12.28' 12.28' 58.45' 34.47' 12.32' 12.14' 33.15' 37.93' 9.18' 5.88' 9.18' 9.18' 7.90' 9.18' 156.51' 17.27' 17.27' 41.23' 71.75' 17.27' 4.60±AC PARCEL E 1.46±AC PARCEL D PUBLIC PARK FUTURE TRAIL EASEMENT TO BE DEDICATED BY SEPARATE INSTRUMENT Δ=115°33'3 5 " L=129.0 8 ' Δ=24°33'20" L=27.43' 34.67' NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-B 78 LOTS 69.50 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK PHASE 2-A AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, AND RESULTANT PARCELS C AND D2, AS DESCRIBED IN DOCUMENT NUMBER 2015-010549 SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] 85 83 87 82 88 81 89 80 90 79 91 78 92 77 93 76 94 8684 53 54 46 48 49 50 51 52 55 120 119 118 117 116 115 121 PARCEL C 47 PARCEL D 122 123 3256± SF 88 3330± SF 81 3404± SF 89 3256± SF 80 3256± SF 90 3404± SF 79 3404± SF 91 3330± SF 78 3330± SF 92 3330± SF 77 3330± SF 93 76 94 3664± SF 863616± SF 84 3256± SF 53 3404± SF 54 3141± SF 46 3404± SF 48 3256± SF 49 3256± SF 50 3404± SF 51 3330± SF 52 55 4000± SF 120 4000± SF 119 4000± SF 118 4000± SF 117 4000± SF 116 4314± SF 115 4000± SF 121 3600± SF 85 3256± SF 83 3330± SF 87 3404± SF 82 N89°56'07"W 733.19' BNDY N0 ° 0 0 ' 0 0 " E 9 8 0 . 0 0 ' N86°32'41"E 138.12'R =6 4 .0 0' Δ =2 9 °4 0'51" L =3 3 .15' N0 ° 0 0 ' 0 0 " E 5 0 3 . 3 8 ' B N D Y N87°15'12"W 103.14' N90°00'00"E 101.52' R=64.00'Δ=30°51'36"L=34.47' N90°00'00"E 75.52 N90°00'00"E 68.11' N90°00'00"E 74.00' N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 51.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00 N90°00'00"E 74.00' N90°00'00"W 74.00' N0 ° 0 0 ' 0 0 " E 75 . 0 0 N0 ° 0 0 ' 0 0 " E 75 . 0 0 N0 ° 0 0 ' 0 0 " E 8 9 5 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 9 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 3 8 8 . 0 8 ' N0 ° 0 0 ' 0 0 " E 3 6 3 . 0 7 ' N90°00'00"W 60.00 N90°00'00"W 80.00 N90°00'00"W 80.00 N90°00'00"W 80.00 N90°00'00"W 80.00 N90°00'00"W 80.00 N90°00'00"W 80.00 N90°00'00"W 80.00' N90°00'00"W 73.12' N90°00'00"W 168.07' N90°00'00"W 103.00' 25.00'48.00'30.00' 50.00'48.00'50.00' 46 . 0 0 ' 44 . 0 0 ' 45 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 23 . 0 8 ' 50 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 45 . 0 0 ' 44 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 45 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 48 . 0 8 ' 50 . 3 0 ' 53 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 55 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 35 . 0 0 ' 55 . 0 0 ' 45 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 45 . 0 0 ' 45 . 0 0 ' 45 . 0 0 ' 45 . 0 0 ' 46 . 0 0 ' N90°00'00"E 105.99' R=21.00' Δ=33°36'24" L=12.32' R=21.00' Δ=33°08'10" L=12.14' N55°47'16"W(R) 9.50' 60 . 0 0 ' N34°46'14"E(R) 4.56' 28 . 0 7 ' N0 ° 0 0 ' 0 0 " E 45 . 0 0 N0 ° 0 0 ' 0 0 " E 46 . 0 0 N0 ° 0 0 ' 0 0 " E 44 . 0 0 PARCEL A N34°46'14"E(R) 9.50' N0 ° 0 0 ' 0 0 " E 45 . 0 0 C 1 C6 C7 C8 C9 C 1 0 C1 2 C 1 3 708.10' N0 ° 0 0 ' 0 0 " E 4 9 2 . 0 0 ' M - M N90°00'00"E 200.00' M-M N0 ° 0 0 ' 0 0 " E 4 7 1 . 0 0 ' M - M N90°00'00"E 23.00' BNDY C5 4166± SF 122 4726± SF 123 Δ=13°26'35" L=12.90' 1.46±AC PARCEL D 0.81±AC PARCEL C 3208± SF 47 C2 C3 C4 C 1 1 Δ=66°50'49" L=64.17' 26' (4 2 . 0 0 ' ) (47.00')(47.00') (4 7 . 0 0 ' ) 11 . 5 ' 11 . 5 ' 26' 26'26' 26'26' DRAINAGE EASEMENT PUBLIC ACCESS EASEMENT PUBLIC PARK 26'26' 93.03' SE E D E T A I L F SH E E T 6 SE E D E T A I L F SH E E T 6 SE E D E T A I L F SH E E T 6 SE E D E T A I L F SH E E T 6 N78°22'57"W(R) N90°00'00"E 74.00 N0 ° 0 0 ' 0 0 " E 46 . 0 0 ' 44 . 0 0 ' 45 . 0 0 ' N0 ° 0 0 ' 0 0 " E 44 . 0 0 ' N90°00'00"E 74.00 N0 ° 0 0 ' 0 0 " E 45 . 0 0 ' 46 . 0 0 ' N74°05'29"E(R) Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 Radius 30.00' 55.00' 55.00' 55.00' 45.50' 39.50' 25.00' 39.50' 45.50' 20.00' 55.00' 30.00' 20.00' Delta 25°03'28" 59°16'12" 9°08'57" 50°07'15" 73°36'08" 17°48'53" 90°00'00" 17°48'53" 52°35'06" 90°00'00" 80°17'24" 25°03'38" 90°00'00" Length 13.12' 56.90' 8.78' 48.11' 58.45' 12.28' 39.27' 12.28' 41.76' 31.42' 77.07' 13.12' 31.42' PARCEL E N0 ° 0 1 ' 5 0 " W 10 6 1 . 5 8 ' B N D Y N0 ° 0 1 ' 4 4 " W 13 8 4 . 5 2 ' B N D Y N89°58'24"W 30.00' BNDYN83°33'04"W 4 0 8 . 6 0 ' (1 1 0 . 6 7 ' ) (1 0 4 . 3 8 ' ) N76°52 ' 5 1 " W 4 4 6 . 2 3 ' 12.24±AC PARCEL G 13.18±AC PARCEL F PARCEL B 4.60±AC PARCEL E 12 8 0 . 8 3 ' 10 3 . 6 9 ' 11 4 . 9 7 ' N0 ° 0 0 ' 4 1 " E 12 9 0 . 0 6 ' B N D Y 11 7 5 . 0 8 ' N89°29'52"W(R) R=64.0 0 ' Δ=115°3 3 ' 3 5 " L=129. 0 8 ' 95 7 . 2 0 ' R=64.00' Δ=24°33'20" L=27.43' BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-B 78 LOTS 69.50 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK PHASE 2-A AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, AND RESULTANT PARCELS C AND D2, AS DESCRIBED IN DOCUMENT NUMBER 2015-010549 SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] DETAIL D 1"=100' NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. 38 . 0 0 ' M- P L 77 93 76 94 75 95 74 96 73 97 72 98 71 99 57 58 55 56 112 111 115 114 113 67 103 108 107 109 110 70 100 69 101 68 102 10466 59 61 60 62 63 65 106 10564 600 3404± SF 73 3256± SF 97 3330± SF 72 3404± SF 98 3256± SF 71 3256± SF 99 3404± SF 57 3256± SF 58 3484± SF 56 4000± SF 112 4000± SF 111 4000± SF 113 3330± SF 67 3256± SF 103 4000± SF 108 4000± SF 107 4000± SF 109 4000± SF 110 3404± SF 70 3404± SF 100 3330± SF 69 3330± SF 101 3330± SF 68 3330± SF 102 3404± SF 104 3330± SF 66 3256± SF 59 3330± SF 61 3404± SF 60 3256± SF 62 3404± SF 63 3614± SF 65 4314± SF 106 3614± SF 1053614± SF 64 3256± SF 74 3330± SF 96 4314± SF 114 3404± SF 75 3256± SF 95 3256± SF 76 3404± SF 943484± SF 55 77 93 115 54 N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"W 60.00' N90°00'00"W 1606.67' BNDY N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00'N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N90°00'00"E 74.00' N0 ° 0 0 ' 0 0 " E 3 9 5 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 9 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 9 5 . 0 0 ' N0 ° 0 0 ' 0 0 " E 4 2 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 9 8 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 3 6 5 . 0 0 ' B N D Y N0 ° 0 0 ' 0 0 " E 1 9 2 . 0 0 ' B N D Y N90°00'00"E 51.00' N90°00'00"E 31.00' N90°00'00"E 31.00' N90°00'00"E 23.00' BNDY N0 ° 0 0 ' 0 0 " E 3 8 8 . 0 8 ' 46 . 0 0 ' 44 . 0 0 ' 45 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 45 . 0 0 ' 45 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 30 . 0 0 ' 35 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 35 . 0 0 ' 55 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 55 . 0 0 ' 30 . 0 0 ' 45 . 0 0 ' 45 . 0 0 ' 45 . 0 0 ' 45 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 45 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 50 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 45 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 30 . 0 0 ' 50 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 45 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' 70 . 0 0 ' 54.00'54.00'54.00'60.00' 70 . 0 0 ' 50 . 0 0 ' PARCEL A N0 ° 0 0 ' 0 0 " E 44 . 0 0 ' N0 ° 0 0 ' 0 0 " E 46 . 0 0 ' N0 ° 0 0 ' 0 0 " E 45 . 0 0 ' N0 ° 0 0 ' 0 0 " E 45 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N90°00'00"E 51.00' N00°00'00"E(R)N00°00'00"E(R) C1 C 2 C3 C4 C 5 C6 C 7 77.00' M-PL127.00' M-PL N90°00'00"E 204.00' M-M N0 ° 0 0 ' 0 0 " E 5 0 3 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 5 2 4 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 4 9 2 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 47 1 . 0 0 ' M - M N90°00'00"W 106.00' M-PL N90°00'00"W 204.00' M-M N90°00'00"E 200.00' M-M N90°00'00"E 636.00' M-M 46 5 . 0 0 ' M - P L 48 6 . 0 0 ' M - P L 38 . 0 0 ' M- P L N00°00'00"W(R)N00°00'00"E(R) 26'26'26'26' 26' 26' 26'26' 26'26' 26 ' 26 ' 26' 30 ' 22 ' 46'46'46'46' (5 0 . 0 0 ' ) 100.00' M-PL 104.00' M-PL (R-17) N90°00'00"E 936.00' M-M TOTAL (R-19) SE E D E T A I L F TH I S S H E E T SE E D E T A I L F TH I S S H E E T SE E D E T A I L F TH I S S H E E T SE E D E T A I L F TH I S S H E E T SE E D E T A I L F TH I S S H E E T N90°00'00"E 74.00' N0 ° 0 0 ' 0 0 " E 45 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' N0 ° 0 0 ' 0 0 " E 45 . 0 0 ' N90°00'00"E 74.00' N0 ° 0 0 ' 0 0 " E 45 . 0 0 ' 46 . 0 0 ' 44 . 0 0 ' N0 ° 0 0 ' 0 0 " E 46 . 0 0 ' N90°00'00"E 74.00' N0 ° 0 0 ' 0 0 " E 44 . 0 0 ' 45 . 0 0 ' N90°00'00"E 74.00' N0 ° 0 0 ' 0 0 " E 46 . 0 0 ' 44 . 0 0 ' 46 . 0 0 ' N0 ° 0 0 ' 0 0 " E 44 . 0 0 ' Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 Radius 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' Delta 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" Length 31.42' 31.42' 31.42' 31.42' 31.42' 31.42' 31.42' 3' 3' 6' P U E 20' N90°00'00"W 1606.67' BNDY 13.93' N1 ° 1 1 ' 1 7 " E 15 . 2 7 ' B N D Y R = 5 0 .0 0 ' Δ = 2 2 °1 2 '3 7 " L = 1 9 .3 8 ' B N D Y R = 5 0 .0 0 ' Δ = 2 1 ° 0 1 '2 0 " L = 1 8 .3 5 ' B N D Y N1 ° 1 1 ' 1 7 " E 15 . 8 4 ' N0 ° 0 0 ' 0 0 " E 87 2 . 1 6 ' N0°00'00"E 465.60' BNDY 1.00' 3.83' R=47.50' Δ=4°51'29" L=4.03' R = 3 9 .5 0 ' Δ = 2 2 °0 3 '1 5 " L = 1 5 .2 0 ' N0°00'00"E 869.38' N72°48'03"E(R) PUBLIC ACCESS EASEMENT PA R C E L F PA R C E L D PA R C E L B N89°59'54"E 1.00' N0°00'06"W 1.02' N2 ° 2 1 ' 0 2 " W 4 7 . 4 2 ' R = 6 5 .0 0 ' Δ = 1 3 ° 2 3 '1 1 " L = 1 5 .1 9 ' N15°44'13"W 9.86' BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-B 78 LOTS 69.50 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK PHASE 2-A AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, AND RESULTANT PARCELS C AND D2, AS DESCRIBED IN DOCUMENT NUMBER 2015-010549 SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] DETAIL F 1"=10' DETAIL E 1"=10' NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. SITE PROJECT OWNER'S STATEMENT: THE UNDERSIGNED, UNIVERSITY DISTRICT LLC, HAVE A RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP. WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FILING OF SAID MAP OF THE SUBDIVISION SHOWN WITHIN THE BOUNDARY LINES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES: 1.THE REAL PROPERTY DESIGNATED AS KAMERON PLACE, KAMERON WAY, KASSANDRA PLACE, KASEY PLACE, KELSEY WAY, KNIGHT ROAD, AND KNIGHT WAY FOR PUBLIC RIGHT OF WAY. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS EASEMENT FOR PUBLIC PURPOSES: 1.THE AREAS DESIGNATED AS "PUBLIC UTILITY EASEMENT" (PUE) ARE HEREBY DEDICATED TO THE CITY OF ROHNERT PARK ON BEHALF OF THE PUBLIC OR ITS DESIGNEE FOR UNDERGROUND ELECTRIC, GAS, CABLE TELEVISION, AND TELEPHONE USE AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS, AND MAINTENANCE EASEMENTS FOR THESE IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS “LANDSCAPE EASEMENT”, AS SHOWN UPON SAID MAP ARE NOT HEREBY DEDICATED FOR USE BY THE GENERAL PUBLIC, BUT ARE FOR THE USE OF LANDSCAPING. MAINTENANCE OF SAID EASEMENTS AND RELATED FACILITIES CONTAINED HEREIN ARE THE RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION, ALL IN ACCORDANCE WITH THE SUBDIVISION'S COVENANTS, CONDITIONS AND RESTRICTIONS. UNIVERSITY DISTRICT LLC, A DELAWARE LIMITED LIABILTY COMPANY BY: BY: NAME: JOHN RYAN NAME: GREG GLENN ITS: PRESIDENT ITS: CFO DATE: DATE: NTS VICINITY MAP OWNER'S ACKNOWLEDGEMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON , 20__, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL COUNTY OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: COUNTY RECORDER'S CERTIFICATE THIS MAP, ENTITLED "VAST OAK PHASE 2-C", IS HEREBY ACCEPTED FOR RECORDATION, SHOWING A CLEAR TITLE AS PER LETTER OF TITLE WRITTEN BY ___________________________________, DATED THE ______ DAY OF _______________, 20__, AND AFTER EXAMINING THE SAME, I DEEM THAT SAID MAP COMPLIES IN ALL RESPECTS WITH THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES GOVERNING THE FILING OF SUBDIVISION MAPS. FILED THIS _____ DAY OF ____________, 20__, AT _____O'CLOCK _.M. IN BOOK _____ OF MAPS, PAGE(S) ________ IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA, AT THE REQUEST OF DARRIN JENKINS, CITY MANAGER. FEE PAID $SIGNED SONOMA COUNTY RECORDER STATE OF CALIFORNIA DOCUMENT NO. BY: DEPUTY VAST OAK EAST PHASE 2-C 115 LOTS 15.32 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS CITY CLERK'S CERTIFICATE I, JOANNE M. BUERGLER, CITY CLERK OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS MAP, ENTITLED, "VAST OAK PHASE 2-C", WAS PRESENTED TO THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS PROVIDED BY LAW AT A REGULAR MEETING THEREOF HELD ON THE _____ DAY OF __________ 20__ AND THAT SAID CITY COUNCIL DID THEREUPON APPROVE SAID MAP. SAID COUNCIL ALSO, ON BEHALF OF THE CITY, DID ACCEPT, SUBJECT TO IMPROVEMENTS, ANY REAL PROPERTY AND EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE OFFER OF DEDICATION. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF __________________ 20__. DATE: JOANNE M. BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA CITY ENGINEER'S STATEMENT: I, MARY GRACE PAWSON, CITY ENGINEER OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, ENTITLED "VAST OAK PHASE 2-C", THAT SAID SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AS APPROVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ON APRIL 8, 2014 BY RESOLUTION NUMBER 2014-035 THAT ALL OF THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: MARY GRACE PAWSON, CITY ENGINEER CITY OF ROHNERT PARK , STATE OF CALIFORNIA R.C.E. 44573 EXPIRES: 03/31/2018 CITY SURVEYOR'S STATEMENT: I, ANNE-SOPHIE TRUONG, HEREBY STATE THAT THE MAP OF THIS SUBDIVISION WAS EXAMINED BY ME OR UNDER MY DIRECTION ON BEHALF OF THE CITY OF ROHNERT PARK AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: ANNE-SOPHIE TRUONG ACTING CITY SURVEYOR LS 8998 [FIRST AMERICAN TITLE COMPANY] SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF UNIVERSITY DISTRICT LLC IN MARCH, 2014. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY; THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED PRIOR TO THE ACCEPTANCE OF THE IMPROVEMENTS, OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE OCTOBER, 2017, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATE: IAN BRUCE MACDONALD, LS 8817 LICENSE EXPIRES: 12-31-17 SPECIAL ASSESSMENTS CERTIFICATE: I, JOANNE BUERGLER, IN AND FOR THE CITY OF ROHNERT PARK, STATE OF CALIFORNIA DO HEREBY CERTIFY THAT, AS OF THIS DATE, THERE ARE NO SPECIAL ASSESSMENTS PENDING AGAINST SAID TRACT OF LAND OTHER THAN THOSE WHICH HAVE BEEN RECORDED AND OF WHICH THE SONOMA COUNTY TREASURER'S OFFICE SHOULD BE AWARE. DATED: JOANNE BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA SOILS REPORT A GEOTECHNICAL EXPLORATION UPDATE PREPARED BY ENGEO INCORPORATED FOR UD LLC AND VAST OAK PROPERTIES LOCATED IN ROHNERT PARK, CALIFORNIA, PROJECT NO. 5716.1.001.01, DATED APRIL 3, 2006 AND REVISED DECEMBER 12, 2012 IS ON FILE WITH THE CITY OF ROHNERT PARK. COUNTY TAX COLLECTOR'S CERTIFICATE ACCORDING TO THE RECORDS IN THE OFFICE OF THE UNDERSIGNED, THERE ARE NO LIENS AGAINST THIS SUBDIVISION, OR ANY PART THEREOF, FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. MY ESTIMATE OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES AND NOT YET PAYABLE IS $___________. THE LAND IN SAID SUBDIVISION IS NOT SUBJECT TO A SPECIAL ASSESSMENT OR BOND WHICH MAY BE PAID IN FULL, EXCEPT SPECIAL ASSESSMENTS FOR BONDS PAYABLE IN FULL FOR WHICH I ESTIMATE THAT THE AMOUNT REQUIRED FOR FULL PAYMENT IS $_____________. DATE: TAX COLLECTOR COUNTY OF SONOMA, STATE OF CALIFORNIA BY: COUNTY CLERK'S CERTIFICATE I CERTIFY THAT ALL BONDS, MONEY OR NEGOTIABLE BONDS REQUIRED UNDER THE PROVISIONS OF THE SUBDIVISION MAP ACT TO SECURE THE PAYMENT OF TAXES AND ASSESSMENTS HAVE BEEN FILED WITH, AND APPROVED BY, THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, NAMELY: BOND(S) UNDER GOVERNMENT CODE SECTIONS 66593(a) AND 66493(c) IN THE SUM OF $ AND $ RESPECTIVELY. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THIS DAY OF , 20__. DATE: CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SONOMA, STATE OF CALIFORNIA BY: VAST OAK EAST PHASE 2-C 115 LOTS 15.32 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] N89°56'07"W 1895.13' N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y N90°00'00"W 194.12' (R-16) N0 ° 0 0 ' 0 0 " W 52 1 . 3 0 ' ( R - 1 6 ) N90°00'00"W 406.00' N0°00'00"E 68.00' N89°23'45"E 83.75'N0°00'00"E 58.00' N0 ° 0 0 ' 0 0 " E 9 8 0 . 0 0 ' B N D Y N90°00'00"E 636.00' BNDY N90°00'00"W 75.04' BNDY R=45.50' Δ 94°31'11" L=75.06' BNDY R=39.50' Δ 25°31'04" L=17.59' BNDY N90°00'00"W 98.00' BNDY R=39.50' Δ 25°31'04" L=17.59' BNDY N0°00'00"E 25.11' BNDY N59°53'05"E 140.27' BNDY N90°00'00"E 72.92' BNDY N79°31'28"W 9.50' BNDY R=45.50' Δ 104°34'55" L=83.05' BNDY R=39.50' Δ 25°03'27" L=17.27' BNDY N90°00'00"E 49.00' BNDY N69°00'07"W 9.50' BNDY DETAIL C NOT TO SCALE DETAIL B NOT TO SCALE DETAIL A NOT TO SCALE NORTHING EASTING NORTHING EASTING NAD27 (R-4)(NAD83 CA ZONE II, EPOCH 1991.35 ) PET #1 244,558.52 1,809,048.24 1,884,952.6 6,370,404.5 PET #5 252,493.30 1,809,044.25 1,892,887.3 6,370,400.5 BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-C 115 LOTS 15.32 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] NOTE: ALL DIMENSIONS AND DISTANCES ARE GIVEN IN FEET AND DECIMALS THEREOF. 206 205 204 203 217 216 215 214 213 212 211 218 219202 172 164 171 163 178 170 162 177 169 176 168 175 167 174 166 173 165 154 146 153 145 152 144 159 151 143 158 150 157 149 156 148 155 147 129 130 131 125 126 127 128 208 209 124 207 181 189 182 190 183 184 185 186 187 188 160 161 234 226 233 225 232 224 231 223 238 230 222 237 229 221 236 228 235 227 198 197 196 195 194 193 200 192 199 191 136 140 139 138 137 134 135 133 132 220 201180179142141 244 210 181 189 182 190 183 184 185 186 187 188 226 233 225 232 224 231 223 230 222 229 221 228 227 198 197 196 195 194 193 200 192 199 191 136 140 139 138 137 134 135 133 132 220 201180179142141 204 203 217 216 218 219202 172 164 171 178 170 177 169 176 168 175 167 174 166 173 165 154 146 153 145 152 144 151 143 150 157 149 156 148 155 147 129 130 131 127 128 124 207160161 234 236 235 206 205 215 214 213 163 162159 158 125 126 238 237 212 211 208 209 N0 ° 0 0 ' 0 0 " E 4 9 6 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 5 2 4 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 6 2 4 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 3 9 6 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 5 2 7 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 6 2 4 . 0 0 ' M - M N90°00'00"E 212.00' M-M N90°00'00"E 212.00' M-M N90°00'00"W 212.00' M-M N90°00'00"E 106.00' M-PL N90°00'00"E 212.00' M-MN90°00'00"E 212.00' M-MN90°00'00"E 212.00' M-MN90°00'00"E 636.00' M-M N90°00'00"W 200.00' M-M N0 ° 0 0 ' 0 0 " W 96 . 4 8 ' M - M N0 ° 0 0 ' 0 0 " E 5 2 4 . 0 0 ' M - M ( R - 1 7 ) N0 ° 0 0 ' 0 0 " E 4 7 1 . 0 0 ' M - M ( R - 1 7 ) N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y N90°00'00"E N0 ° 0 0 ' 0 0 " E 9 8 0 . 0 0 ' B N D Y 636.00' BNDY N69°00'07"W(R) 9.50' BNDY R=39.50' Δ=25°31'04" L=17.59' BNDY N90°00'00"W 98.00' BNDY R=45.50' Δ=31°53'00" L=25.32' BNDY N0°00'00"E 25.11' BNDY N59°53'05"E 140.27' BNDY N79°31'28"W 9.50' BNDY N90°00'00"E 49.00' BNDY 106.00' M-PL N06°21'57"E(R)N90°00'00"W 75.04' BNDY R=45.50' Δ=104°34'55" L=83.05' BNDY N90°00'00"E 72.92' BNDY R=45.50' Δ=94°31'11" L=75.06' BNDY R=39.50' Δ=25°31'04" L=17.59' BNDY R=39.50' Δ=25°03'27" L=17.27' BNDY 210 (R-17) (R-17) (R-18) NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-C 115 LOTS 15.32 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] (R-18)(R-17) 206 205 204 203 217 216 215 214 213 212 211 218 219202 164 163 162 168 167 166 165 154 153 159 158 157 156 155 129 130 131 125 126 127 128 208 209 124 207 160 161 234 233 232 231 238 230 237 229 236 235 244 210 4000± SF 206 4000± SF 205 4000± SF 204 4000± SF 203 4000± SF 217 4000± SF 216 4000± SF 215 4000± SF 214 4000± SF 213 4200± SF 218 4534± SF 219 4534± SF 202 4000± SF 164 4000± SF 163 4000± SF 162 4000± SF 166 4000± SF 165 4000± SF 159 4000± SF 158 4000± SF 157 4000± SF 156 4000± SF 1554000± SF 129 4000± SF 130 4000± SF 125 4000± SF 126 4000± SF 127 4000± SF 128 4010± SF 2074314± SF 160 4314± SF 161 4717± SF 124 4000± SF 212 4000± SF 211 4088± SF 208 7261± SF 209 4400± SF 234 4400± SF 233 4400± SF 232 4400± SF 231 4400± SF 236 4400± SF 235 4000± SF 167 4000± SF 154 4400± SF 230 131 168153 229 4714± SF 238 4400± SF 237 N90°00'00"W 75.04' BNDY N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N0 ° 0 0 ' 0 0 " E 9 8 0 . 0 0 ' B N D Y 63 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 6.00' N0 ° 0 0 ' 0 0 " E 3 9 1 . 0 0 ' N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y N0 ° 0 0 ' 0 0 " E 9 2 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 9 2 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 2 9 1 . 0 0 ' N0 ° 0 0 ' 0 0 " E 4 2 3 . 0 0 ' N0 ° 0 0 ' 0 0 " E 1 0 5 7 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 35 . 0 0 ' 35 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 64 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 27 . 0 0 ' 9.00' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 64 . 0 0 ' 35.00'50.00'35.00'55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 40 . 0 0 ' N90°00'00"E 120.00'55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 60 . 0 0 ' 55 . 0 0 ' N90°00'00"W 120.00' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N90°00'00"W 80.00'N90°00'00"W 80.00' N90°00'00"E 80.00'N90°00'00"E 80.00' 55.00'50.00'55.00' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 51 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' 54 . 0 0 ' 45 . 0 0 ' N90°00'00"E 80.00' N59° 5 3 ' 0 5 " E 140. 2 7 ' B N D Y N90°00'00"E 72.92' BNDY N90°00'00"E 60.00' N90°00'00"E 80.00' R=55.0 0 ' Δ = 1 1 0 ° 4 5 ' 3 6 " L = 1 0 6 . 3 2 ' N06°21'57"E(R) N05°15'46"E(R) C 1 C 2 R=45.50' Δ=94°31'11" L=75.06' BNDY R=39.50' Δ=25°31'04" L=17.59' BNDY N90°00'00"W 98.00' BNDY C 1 0 C 1 1 N90°00'00"E 89.40' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N0 ° 0 0 ' 0 0 " E 84 . 0 0 ' N0 ° 0 0 ' 0 0 " E 84 . 0 0 ' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' C12 R=39.50' Δ=25°03'27" L=17.27' BNDY C5 C 4 C3 Δ=36°59'34" L=35.51' N90°00'00"E 73.01' C 8 C9 N69°00'07"W 9.50' BNDY N79°31'28"W 9.50' BNDY N90°00'00"E 80.00' N0 ° 0 0 ' 0 0 " E 4 9 6 . 0 0 ' M - M N90°00'00"E 212.00' M-M N0 ° 0 0 ' 0 0 " E 3 9 6 . 0 0 ' M - M N90°00'00"E 212.00' M-M N0 ° 0 0 ' 0 0 " E 5 2 7 . 0 0 ' M - M R=45.50' Δ=104°34'55" L=83.05' BNDY N90°00'00"E 106.00' M-PL 26' 26' 26' 26' (5 9 . 0 0 ' ) (4 2 . 0 0 ' ) (4 2 . 0 0 ' ) (5 9 . 0 0 ' ) 26' 26'(5 8 . 0 0 ' ) (4 2 . 0 0 ' ) N90°00'00"E 49.00' BNDY N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' 60.00'60.00' C7 C 6 15.56' 9.55' N0°00'00"E 25.11' BNDY R=39.50' Δ=25°31'04" L=17.59' BNDY R=45.50' Δ=31°53'00" L=25.32' BNDY 15.50' 22.00' SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T N 1 3 ° 1 0 ' 5 8 " W 4 9 . 7 3 ' N90°00'00"E 80.00' N90°00'00"E 80.00' N42°15'20"E(R) 50 . 0 0 ' N76°00'55"W(R) 4476± SF 210 TRAIL EASEMENT INSTRUMENT NO. ___________ Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 Radius 30.00' 55.00' 20.00' 20.00' 30.00' 55.00' 55.00' 20.00' 20.00' 30.00' 55.00' 20.00' Delta 26°01'20" 47°01'14" 90°00'00" 90°00'00" 26°01'20" 61°43'45" 12°02'16" 90°00'00" 90°00'00" 25°03'27" 35°32'00" 90°00'00" Length 13.63' 45.14' 31.42' 31.42' 13.63' 59.26' 11.56' 31.42' 31.42' 13.12' 34.11' 31.42' 20' 3' 3' 6' P U E BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-C 115 LOTS 15.32 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] DETAIL D 1"=10' NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. 172 171 178 170 177 169 176 168 175 167 174 173 154 146 153 145 152 144 151 143 150 149 148 147 130 131 181 189 182 190 183 184 185 186 187 188 226 225 224 223 230 222 229 221 228 227 198 197 196 195 194 193 200 192 199 191 136 140 139 138 137 134 135 133 132 220 201180179142141 244 4000± SF 181 4000± SF 189 4000± SF 182 4314± SF 190 4000± SF 183 4000± SF 184 4000± SF 185 4000± SF 186 4000± SF 187 4000± SF 188 4480± SF 226 4480± SF 225 4480± SF 224 4480± SF 223 4480± SF 222 4480± SF 229 4480± SF 221 4480± SF 228 4480± SF 227 4000± SF 198 4000± SF 197 4000± SF 196 4000± SF 195 4000± SF 194 4000± SF 193 4000± SF 200 4000± SF 192 4000± SF 199 4314± SF 191 4000± SF 136 4000± SF 140 4000± SF 139 4000± SF 138 4000± SF 137 4000± SF 134 4000± SF 135 4266± SF 133 4314± SF 132 6918± SF 220 4314± SF 201 4314± SF 1804314± SF 179 4314± SF 142 4314± SF 141 4000± SF 172 4000± SF 171 4000± SF 178 4000± SF 170 4000± SF 177 4000± SF 169 4000± SF 176 4000± SF 175 4000± SF 174 4000± SF 173 4000± SF 146 4000± SF 145 4000± SF 152 4000± SF 144 4000± SF 151 4000± SF 143 4000± SF 150 4000± SF 149 4000± SF 148 4000± SF 147 4000± SF 168 4000± SF 1534000± SF 131 230 167154130 218 219202 N0 ° 0 0 ' 0 0 " E 9 8 0 . 0 0 ' B N D Y N90°00'00"E 636.00' BNDY N0 ° 0 0 ' 0 0 " E 4 1 5 . 0 0 ' N0 ° 0 0 ' 0 0 " E 9 2 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 9 2 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 5 2 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 5 2 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 1 0 5 7 . 0 0 ' 55 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 35 . 0 0 ' 55 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 55 . 0 0 ' 60.00'60.00'60.00'60.00'60.00'66.00' N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y 87 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 35 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 30 . 0 0 ' 35 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 35 . 0 0 ' 35 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 35 . 0 0 ' 35 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 35 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 73 . 0 0 ' N90°00'00"W 60.00' N90°00'00"W 55.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"E 80.00' N90°00'00"E 120.00' 60.00'60.00' C1 C 2 C3 C 4 C5 C 6 C7 C 8 C9 C 1 0 N90°00'00"W 80.00' N90°00'00"W 80.00' N0 ° 0 0 ' 0 0 " E 3 9 1 . 0 0 ' N00°00'00"E(R)N00°00'00"E(R)N00°00'00"E(R)N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 50 . 0 0 ' N0 ° 0 0 ' 0 0 " E 5 2 4 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 6 2 4 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 6 2 4 . 0 0 ' M - M N90°00'00"E 636.00' M-M (R-17)N90°00'00"W 212.00' M-MN90°00'00"W 212.00' M-MN90°00'00"W 212.00' M-M N90°00'00"W 212.00' M-M 106.00' M-PL 48 6 . 0 0 ' M - P L 58 6 . 0 0 ' M - P L 58 6 . 0 0 ' M - P L 38 . 0 0 ' M- P L 38 . 0 0 ' M- P L 38 . 0 0 ' M- P L N90°00'00"E 212.00' M-M N0 ° 0 0 ' 0 0 " W 96 . 4 8 ' M - M (R - 1 7 ) 26'26' 46'46'46'46'46'40' 26'26'26'26' 26'26' 26'26'26'26'26' 26 ' 26 ' 26 ' 26 ' 26 ' 26 ' N00°00'00"E(R)N00°00'00"E(R) N00°00'00"E(R) 26 ' 26 ' (5 1 . 0 0 ' ) (4 6 . 0 0 ' ) (4 6 . 0 0 ' ) N0 ° 0 0 ' 0 0 " E 39 6 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 52 7 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 4 9 6 . 0 0 ' M - M N90°00'00"W 636.00' M-M TOTAL (R-18) SE E D E T A I L D SH E E T 5 SE E D E T A I L D SH E E T 5 SE E D E T A I L D SH E E T 5 SE E D E T A I L D SH E E T 5 SE E D E T A I L D SH E E T 5 SE E D E T A I L D SH E E T 5 SE E D E T A I L D SH E E T 5 SE E D E T A I L D SH E E T 5 Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 Radius 20.00' 25.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 14.00' Delta 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" Length 31.42' 39.27' 31.42' 31.42' 31.42' 31.42' 31.42' 31.42' 31.42' 21.99' BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-C 115 LOTS 15.32 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL A OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] (R-18) (R-17) (R-17)(R-17) (R-17) NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. SITE PROJECT OWNER'S STATEMENT: THE UNDERSIGNED, UNIVERSITY DISTRICT LLC, HAVE A RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP. WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING AND FILING OF SAID MAP OF THE SUBDIVISION SHOWN WITHIN THE BOUNDARY LINES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES: 1.THE REAL PROPERTY DESIGNATED AS KRISTINA PLACE, KRISTINA WAY, KITTYHAWK PLACE, KITTYHAWK WAY, KNIGHT WAY, AND KEEGAN PLACE FOR PUBLIC RIGHT OF WAY. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS EASEMENT FOR PUBLIC PURPOSES: 1.THE AREAS DESIGNATED AS "PUBLIC UTILITY EASEMENT" (PUE) ARE HEREBY DEDICATED TO THE CITY OF ROHNERT PARK ON BEHALF OF THE PUBLIC OR ITS DESIGNEE FOR UNDERGROUND ELECTRIC, GAS, CABLE TELEVISION, AND TELEPHONE USE AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS, AND MAINTENANCE EASEMENTS FOR THESE IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS “LANDSCAPE EASEMENT” (LE), AS SHOWN UPON SAID MAP ARE NOT HEREBY DEDICATED FOR USE BY THE GENERAL PUBLIC, BUT ARE FOR THE USE OF LANDSCAPING. MAINTENANCE OF SAID EASEMENTS AND RELATED FACILITIES CONTAINED HEREIN ARE THE RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION, ALL IN ACCORDANCE WITH THE SUBDIVISION'S COVENANTS, CONDITIONS AND RESTRICTIONS. UNIVERSITY DISTRICT LLC, A DELAWARE LIMITED LIABILTY COMPANY BY: BY: NAME: JOHN RYAN NAME: GREG GLENN ITS: PRESIDENT ITS: CFO DATE: DATE: NTS VICINITY MAP OWNER'S ACKNOWLEDGEMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON , 20__, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL COUNTY OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: COUNTY RECORDER'S CERTIFICATE THIS MAP, ENTITLED "VAST OAK PHASE 2-D", IS HEREBY ACCEPTED FOR RECORDATION, SHOWING A CLEAR TITLE AS PER LETTER OF TITLE WRITTEN BY ___________________________________, DATED THE ______ DAY OF _______________, 20__, AND AFTER EXAMINING THE SAME, I DEEM THAT SAID MAP COMPLIES IN ALL RESPECTS WITH THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES GOVERNING THE FILING OF SUBDIVISION MAPS. FILED THIS _____ DAY OF ____________, 20__, AT _____O'CLOCK _.M. IN BOOK _____ OF MAPS, PAGE(S) ________ IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA, AT THE REQUEST OF DARRIN JENKINS, CITY MANAGER. FEE PAID $SIGNED SONOMA COUNTY RECORDER STATE OF CALIFORNIA DOCUMENT NO. BY: DEPUTY VAST OAK EAST PHASE 2-D 85 LOTS 12.93 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL B OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS CITY CLERK'S CERTIFICATE I, JOANNE M. BUERGLER, CITY CLERK OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS MAP, ENTITLED, "VAST OAK PHASE 2-F", WAS PRESENTED TO THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS PROVIDED BY LAW AT A REGULAR MEETING THEREOF HELD ON THE _____ DAY OF __________ 2016 AND THAT SAID CITY COUNCIL DID THEREUPON APPROVE SAID MAP. SAID COUNCIL ALSO, ON BEHALF OF THE CITY, DID ACCEPT, SUBJECT TO IMPROVEMENTS, ANY REAL PROPERTY AND EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE OFFER OF DEDICATION. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF __________________ 20__. DATE: JOANNE M. BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA CITY ENGINEER'S STATEMENT: I, MARY GRACE PAWSON, CITY ENGINEER OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, ENTITLED "VAST OAK PHASE 2-F", THAT SAID SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AS APPROVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ON APRIL 8, 2014 BY RESOLUTION NUMBER 2014-035 THAT ALL OF THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: MARY GRACE PAWSON, CITY ENGINEER CITY OF ROHNERT PARK , STATE OF CALIFORNIA R.C.E. 44573 EXPIRES: 03/31/2018 CITY SURVEYOR'S STATEMENT: I, ANNE-SOPHIE TRUONG, HEREBY STATE THAT THE MAP OF THIS SUBDIVISION WAS EXAMINED BY ME OR UNDER MY DIRECTION ON BEHALF OF THE CITY OF ROHNERT PARK AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: ANNE-SOPHIE TRUONG ACTING CITY SURVEYOR LS 8998 [FIRST AMERICAN TITLE COMPANY] SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF UNIVERSITY DISTRICT LLC IN MARCH, 2014. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY; THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED PRIOR TO THE ACCEPTANCE OF THE IMPROVEMENTS, OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE OCTOBER, 2017, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATE: IAN BRUCE MACDONALD, LS 8817 LICENSE EXPIRES: 12-31-17 SPECIAL ASSESSMENTS CERTIFICATE: I, JOANNE BUERGLER, IN AND FOR THE CITY OF ROHNERT PARK, STATE OF CALIFORNIA DO HEREBY CERTIFY THAT, AS OF THIS DATE, THERE ARE NO SPECIAL ASSESSMENTS PENDING AGAINST SAID TRACT OF LAND OTHER THAN THOSE WHICH HAVE BEEN RECORDED AND OF WHICH THE SONOMA COUNTY TREASURER'S OFFICE SHOULD BE AWARE. DATED: JOANNE BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION STATE OF CALIFORNIA SOILS REPORT A GEOTECHNICAL EXPLORATION UPDATE PREPARED BY ENGEO INCORPORATED FOR UD LLC AND VAST OAK PROPERTIES LOCATED IN ROHNERT PARK, CALIFORNIA, PROJECT NO. 5716.1.001.01, DATED APRIL 3, 2006 AND REVISED DECEMBER 12, 2012 IS ON FILE WITH THE CITY OF ROHNERT PARK. COUNTY TAX COLLECTOR'S CERTIFICATE ACCORDING TO THE RECORDS IN THE OFFICE OF THE UNDERSIGNED, THERE ARE NO LIENS AGAINST THIS SUBDIVISION, OR ANY PART THEREOF, FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. MY ESTIMATE OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES AND NOT YET PAYABLE IS $___________. THE LAND IN SAID SUBDIVISION IS NOT SUBJECT TO A SPECIAL ASSESSMENT OR BOND WHICH MAY BE PAID IN FULL, EXCEPT SPECIAL ASSESSMENTS FOR BONDS PAYABLE IN FULL FOR WHICH I ESTIMATE THAT THE AMOUNT REQUIRED FOR FULL PAYMENT IS $_____________. DATE: TAX COLLECTOR COUNTY OF SONOMA, STATE OF CALIFORNIA BY: COUNTY CLERK'S CERTIFICATE I CERTIFY THAT ALL BONDS, MONEY OR NEGOTIABLE BONDS REQUIRED UNDER THE PROVISIONS OF THE SUBDIVISION MAP ACT TO SECURE THE PAYMENT OF TAXES AND ASSESSMENTS HAVE BEEN FILED WITH, AND APPROVED BY, THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, NAMELY: BOND(S) UNDER GOVERNMENT CODE SECTIONS 66593(a) AND 66493(c) IN THE SUM OF $ AND $ RESPECTIVELY. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THIS DAY OF , 20__. DATE: CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SONOMA, STATE OF CALIFORNIA BY: VAST OAK EAST PHASE 2-D 85 LOTS 12.93 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL B OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] N89°56'07"W 1895.13' BNDY N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y N90°00'00"W 550.74' BNDY SEE SHEET 4 N90°00'00"W 1042.00' N0°00'00"E 68.00' N89°23'45"E 83.75' N0 ° 0 0 ' 0 0 " W 52 1 . 3 0 ' ( R - 1 8 ) N0°00'00"E 58.00' N90°00'00"W 194.12' (R-18) N0 ° 0 0 ' 0 0 " E 8 6 9 . 3 8 ' B N D Y SEE SHEET 6 DETAIL C NOT TO SCALE DETAIL B NOT TO SCALE DETAIL A NOT TO SCALE NORTHING EASTING NORTHING EASTING NAD27 (R-4)(NAD83 CA ZONE II, EPOCH 1991.35 ) PET #1 244,558.52 1,809,048.24 1,884,952.6 6,370,404.5 PET #5 252,493.30 1,809,044.25 1,892,887.3 6,370,400.5 BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-D 85 LOTS 12.93 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL B OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] NOTE: ALL DIMENSIONS AND DISTANCES ARE GIVEN IN FEET AND DECIMALS THEREOF. 319 311 318 310 317 309 316 315 322 314 321 313 320 312 276 277 278 279 280 281 274 282 275 283 284 286 287 288 289 290 291 308 306 298 305 297 304 296 303 295 302 294 301 293 300 307 299 323292258 252 244 251 243 250 242 249 241 256 248 240 255 247 239 254 246 253 245 257 264 263 262 261 260 259 265 600 272 271 270 269 268 267 266 273 285 323292258 252 244 251 243 250 242 249 241 256 248 240 255 247 239 254 246 253 245 257 264 263 262 261 260 259 265 272 271 270 269 268 267 266 273 316 315 322 314 321 313 320 312276 277 278 279 280 281 274 282 275 283 284 286 287 288 289 290 291 308 306 298 305 297 304 296 303 295 302 294 301 293 300 307 299 319 311 318 310 317 309 N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y N90°00'00"W N0 ° 0 0 ' 0 0 " E 6 1 5 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 4 4 8 . 0 0 ' M - M N90°00'00"W 212.00' M-M N0 ° 0 0 ' 0 0 " E 5 3 6 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 5 3 6 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 9 8 4 . 0 0 ' M - M 550.74' BNDY N90°00'00"E 212.00' M-M N90°00'00"W 212.00' M-MN90°00'00"E 212.00' M-M N90°00'00"E 212.00' M-M N0 ° 0 0 ' 0 0 " E 6 2 4 . 0 0 ' M - M ( R - 1 8 ) N0 ° 0 0 ' 0 0 " E 5 2 7 . 0 0 ' M - M ( R - 1 8 ) N90°00'00"E 212.00' M-M N90°00'00"E 212.00' M-M (R-18) N90°00'00"E 212.00' M-M (R-18) N0 ° 0 0 ' 0 0 " W 96 . 4 8 ' M - M (R - 1 7 ) N90°00'00"W 636.00' TOTAL M-M (R-17) N90°00'00"E 49.00' BNDY R=39.50' Δ=25°03'27" L=17.27' BNDY R=45.50' Δ=90°21'25" L=71.75' BNDY N65°17'57"E 9.50' BNDY N68°43'57"W 82.66' BNDY N63°29'57"W 114.15' BNDY N26°51'28"W(R) 9.50' BNDY R=45.50' Δ=51°54'55" L=41.23' BNDY R=39.50' Δ=25°03'27" L=17.27' BNDY N90°00'00"W 98.00' BNDY R=39.50' Δ=25°03'27" L=17.27' BNDY R=45.50' Δ=140°06'55" L=111.27' BNDY R=39.50' Δ=25°03'27" L=17.27' BNDY N0 ° 0 0 ' 0 0 " E 8 6 9 . 3 8 ' B N D Y R=39.50' Δ=22°03'15" L=15.20' BNDY R=47.50' Δ=4°51'29" L=4.03' BNDY N0 ° 0 0 ' 0 0 " E 60 . 0 0 ' B N D Y 285 (R-17) (R-17) (R-17) NOTE: ALL FENCES, SOUND WALLS AND RETAINING WALLS SHALL BE CONSTRUCTED ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY OWNER OR ASSOCIATION, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-D 85 LOTS 12.93 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL B OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] (R-18) 311 310 309 314 313 312 276 277 278 279 280 281 274 282 275 283 284 286 287 288 289 290 291 308 306 305 304 303 302 301 307 244 243 242 241 248 240 247 239 246 245 600 285 4400± SF 311 4400± SF 310 4400± SF 309 4400± SF 244 4400± SF 243 4400± SF 242 4400± SF 241 4480± SF 248 4400± SF 240 4400± SF 247 4714± SF 239 4400± SF 246 4400± SF 245 4400± SF 314 4400± SF 313 4400± SF 312 4400± SF 276 4400± SF 277 4400± SF 278 4400± SF 279 4400± SF 280 4400± SF 281 4714± SF 274 4400± SF 282 4400± SF 275 5739± SF 283 6557± SF 284 4400± SF 286 4400± SF 287 4400± SF 288 4400± SF 289 4400± SF 290 4714± SF 291 4714± SF 308 4400± SF 306 4400± SF 305 4400± SF 304 4400± SF 303 4400± SF 302 4400± SF 301 4714± SF 307 249 315300 N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y N0 ° 0 0 ' 0 0 " E 1 0 5 7 . 0 0 ' N0 ° 0 0 ' 0 0 " E 5 1 1 . 0 0 ' N0 ° 0 0 ' 0 0 " E 3 4 4 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 9 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 9 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 6 9 . 3 8 ' B N D Y 40 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 56 . 0 0 ' 40 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 31 . 0 0 ' 40 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 29 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 40 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 40 . 0 0 ' 60.00'60.00' 60.00'60.00' N90°00'00"W 120.00' 56 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 60 . 0 0 ' 55 . 0 0 ' N90°00'00"E 49.00' BNDY N90°00'00"E 60.00' N68 ° 4 3 ' 5 7 " W 82. 6 6 ' B N D Y N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N6 3 ° 2 9 ' 5 7 " W 11 4 . 1 5 ' B N D Y N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"W 80.00' N90°00'00"E 120.00' N90°00'00"W 80.00'N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W (R) 72.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N0 ° 0 0 ' 0 0 " E 1 0 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 65 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' C1 C2 C 3 C4 C5 C6 C8 C9 C 1 0 C11 C12 C13C 1 4 C7 N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 60 . 0 0 ' Δ =6 3 °0 8 '3 2 " L =6 0 .6 1 ' Δ=25°03'27" L=24.05' N0 ° 0 0 ' 0 0 " E 60 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' L1(R) L2(R) N90°00'00"E 212.00' M-M N0 ° 0 0 ' 0 0 " E 4 4 8 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 9 8 4 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 6 1 5 . 0 0 ' M - M R = 5 5 .0 0 ' Δ =8 8 °1 2 '0 0 " L =8 4 .6 7 ' 26' 16.5' 26' 26' 15.5' 22' N90°00'00"W 212.00' M-M 106.00' M-PL 26' 26' (4 2 . 0 0 ' ) (5 8 . 0 0 ' ) (5 8 . 0 0 ' ) (4 2 . 0 0 ' ) (4 2 . 0 0 ' ) (5 8 . 0 0 ' ) 26'26'26'26' 26'16.5' R=45. 5 0 ' Δ=140°0 6 ' 5 5 " L=111.27' B N D Y N90°00'00"W 98.00' BNDY N0 ° 0 0 ' 0 0 " E 60 . 0 0 ' B N D Y N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N90°00'00"W 80.00' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' SE E D E T A I L D SH E E T 6 SE E D E T A I L D SH E E T 6 SE E D E T A I L D SH E E T 6 SE E D E T A I L D SH E E T 6 SE E D E T A I L D SH E E T 6 Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 Radius 39.50' 45.50' 20.00' 55.00' 30.00' 45.50' 39.50' 39.50' 39.50' 20.00' 20.00' 30.00' 20.00' 20.00' Delta 25°03'27" 90°21'25" 90°00'00" 49°45'30" 25°03'27" 51°54'55" 25°03'27" 25°03'27" 25°03'27" 90°00'00" 90°00'00" 25°03'27" 90°00'00" 90°00'00" Length 17.27' 71.75' 31.42' 47.76' 13.12' 41.23' 17.27' 17.27' 17.27' 31.42' 31.42' 13.12' 31.42' 31.42' Line Table Line # L1 L2 Bearing N65°17'57"E N26°51'28"W Length 9.50' 9.50' BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-D 85 LOTS 12.93 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL B OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] PARCEL D 226 225 224 223 222 229 221 228 227 220 38 . 0 0 ' M- P L 319 318 317 316 315 322 314 321 320 274 291 298 297 296 295 294 301 293 300 299 323292 258 252 251 250 249 256 248 255 254 253 257 264 263 262 261 260 259 265 272 271 270 269 268 267 266 273 4480± SF 319 4480± SF 318 4480± SF 317 4480± SF 316 4400± SF 315 4480± SF 322 4480± SF 321 4480± SF 320 4480± SF 298 4480± SF 297 4480± SF 296 4480± SF 295 4480± SF 294 4480± SF 293 4400± SF 300 4480± SF 299 6918± SF 3236918± SF 2926518± SF 258 4480± SF 252 4480± SF 251 4480± SF 250 4480± SF 249 4480± SF 256 4480± SF 255 4480± SF 254 4480± SF 253 6918± SF 257 4400± SF 264 4400± SF 263 4400± SF 262 4400± SF 261 4400± SF 260 4400± SF 259 4714± SF 265 4400± SF 272 4400± SF 271 4400± SF 270 4400± SF 269 4400± SF 268 4400± SF 267 4714± SF 266 6518± SF 273 314274291301248 N90°00'00"W 550.74' BNDY N0 ° 0 0 ' 0 0 " E 1 1 2 8 . 5 0 ' B N D Y N0 ° 0 0 ' 0 0 " E 1 0 5 7 . 0 0 ' N0 ° 0 0 ' 0 0 " E 4 3 8 . 0 0 ' N0 ° 0 0 ' 0 0 " E 4 3 8 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 9 0 . 0 0 ' N0 ° 0 0 ' 0 0 " E 8 9 0 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 73 . 0 0 ' 40 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 68 . 0 0 ' 66.00'66.00'66.00'66.00'66.00' 60.00'60.00' 55 . 0 0 ' 56 . 0 0 ' 55 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 73 . 0 0 ' 73 . 0 0 ' N90°00'00"W 80.00' N90°00'00"W 80.00' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 56 . 0 0 ' 87 . 0 0 ' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00'N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N0 ° 0 0 ' 0 0 " E 60 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' N0 ° 0 0 ' 0 0 " E 82 . 0 0 ' N90°00'00"W 80.00' 68 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 40 . 0 0 ' N90°00'00"W 80.00'N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"W 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N90°00'00"E 80.00' N0 ° 0 0 ' 0 0 " E 87 . 0 0 ' N0 ° 0 0 ' 0 0 " E 56 . 0 0 ' N0 ° 0 0 ' 0 0 " E 56 . 0 0 ' N0 ° 0 0 ' 0 0 " E 56 . 0 0 ' N0 ° 0 0 ' 0 0 " E 56 . 0 0 ' N0 ° 0 0 ' 0 0 " E 56 . 0 0 ' N0 ° 0 0 ' 0 0 " E 56 . 0 0 ' N0 ° 0 0 ' 0 0 " E 56 . 0 0 ' N0 ° 0 0 ' 0 0 " E 55 . 0 0 ' C1 C 2 C3 C 4 C5 C 6 C7 N00°00'00"E(R)N00°00'00"E(R)N00°00'00"E(R)N00°00'00"E(R)N00°00'00"E(R) N0 ° 0 0 ' 0 0 " E 8 6 9 . 3 8 ' B N D Y N90°00'00"W 212.00' M-M N0 ° 0 0 ' 0 0 " E 5 3 6 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 5 3 6 . 0 0 ' M - M N90°00'00"E 212.00' M-M N90°00'00"E 212.00' M-M N90°00'00"E 212.00' M-M N0 ° 0 0 ' 0 0 " E 61 5 . 0 0 ' M - M N0 ° 0 0 ' 0 0 " E 44 8 . 0 0 ' M - M 49 8 . 0 0 ' M - P L 49 8 . 0 0 ' M - P L N0 ° 0 0 ' 0 0 " E 9 8 4 . 0 0 ' M - M 38 . 0 0 ' M- P L 38 . 0 0 ' M- P L C 8 N90°00'00"W 120.00' 26'26' 26'16.5' 40'40'40'40'40' 26'26'26'26' 26 ' 26 ' 26 ' 26 ' (4 6 . 0 0 ' ) (4 6 . 0 0 ' ) N90°00'00"W 636.00' TOTAL M-M (R-17) 94 6 . 0 0 ' M - P L SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T SE E D E T A I L D TH I S S H E E T SE E D E T A I L D SH E E T 6 SE E D E T A I L D SH E E T 6 C9 N72°48'03"E(R) 20.74' PUBLIC ACCESS EASEMENT PER PHASE 2-B Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 Radius 20.00' 20.00' 14.00' 14.00' 14.00' 14.00' 14.00' 39.50' 47.50' Delta 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 22°03'15" 4°51'29" Length 31.42' 31.42' 21.99' 21.99' 21.99' 21.99' 21.99' 15.20' 4.03' 3' 3' 6' P U E 20' BASIS OF BEARINGS: THE BEARING N00°01'44"W AS SHOWN BETWEEN FOUND MONUMENTS ON THE RECORD OF SURVEY FILED IN BOOK 525 OF MAPS AT PAGES 37-39, SONOMA COUNTY RECORDS, PET #5 TO PET #1 IN THE C/L OF PETALUMA HILL ROAD. VAST OAK EAST PHASE 2-D 85 LOTS 12.93 ACRES A SUBDIVISION OF THE LANDS OF VAST OAK PROPERTIES, PARCEL B OF THE MAP OF VAST OAK EAST PHASE 2-B, AS RECORDED IN BOOK __ OF MAPS AT PAGES __ - __, SONOMA COUNTY RECORDS [FIRST AMERICAN TITLE COMPANY] DETAIL D 1"=10' ITEM NO. 7C5 1 Meeting Date: November 14, 2017 Department: Department of Public Safety Submitted By: Brian Masterson, Director of Public Safety Prepared By: Brian Masterson, Director of Public Safety Agenda Title: Authorize the City of Rohnert Park, Department of Public Safety to Accept an Allocation of $30,000 from the Board of State and Community Corrections (BSCC) and to Award the Funds to Crossing the Jordan RECOMMENDED ACTION: Adopt a resolution authorizing the City of Rohnert Park, Department of Public Safety to accept an allocation of $30,000 from the California Board of State and Community Corrections (BSCC) and award the funds to Crossing the Jordan community outreach program. BACKGROUND: As part of the 2016 Budget Act, the legislature allocated $20 million to city police departments to increase positive outcomes between municipal law enforcement and high risk-populations, with priority given to jurisdictions with high homeless populations and mental illness rates and a lack of existing resources to address these efforts. The intent of this funding was to assist local law enforcement agencies to use these funds to enhance public safety in their communities via the use of outreach teams, youth diversion programs, and other uses allowed under the Budget Act. Funds from the BSCC have been allocated to the chiefs in each of the 58 counties within the State. Each County shall authorize one law enforcement agency serve as the fiscal agent and allocate the funds in collaboration with the other police agencies within a county. The Chiefs of Police in Sonoma County have identified the Santa Rosa Police Department to be the fiscal agent. Crossing the Jordan has a proven transformation program for individuals that are homeless or suffer from alcohol or drug addiction. The Director of Crossing the Jordan is willing to work with the Department of Public Safety to offer their resources to assist high-risk individuals in Rohnert Park who want a better life. Attached to this staff report is partnership proposal that Crossing the Jordan offers. The $30,000 allocation from the BSCC will be a one-time award to assist Crossing the Jordan with their community outreach program in Rohnert Park. 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 ITEM NO. 7C5 2 ANALYSIS: This collaboration between the Department of Public Safety and Crossing the Jordan provides hope and an opportunity to assist individuals who are homeless and may suffer from drug and alcohol problems. The City has experienced an increase in property crimes and many times these crimes are committed by individuals who have addictions that cause them to commit crimes to support their addictions. It is our collective goal to assist these individuals and keep them from committing crimes in our Community. STRATEGIC PLAN ALIGNMENT: Goal C: Ensure the effective delivery of public services. Strategy: Deliver the highest quality services in the most cost effective manner with an emphasis on excellent customer service. OPTIONS CONSIDERED: Option 1: Recommended. Approve the acceptance of the $30,000 from the BSCC and award this money to the Crossing the Jordan. The money will be used by this non-profit to offer homeless outreach, outreach to high-risk youth, and assistance to such high-risk individuals who seek help from their drug and or alcohol addictions. Option 2: Not Recommended. The alternative would be to not accept the BSCC funding allocation and provide no assistance to high-risk individuals. FISCAL IMPACT/ FUNDING SOURCE: There is no fiscal impact to the City of Rohnert Park. The funding for this outreach has been provided by the BSCC and is held in trust by the City of Santa Rosa. The Chiefs from Sonoma County have approved the $30,000 allocation to the City of Rohnert Park Department of Public Safety and the award to Crossing the Jordan. If approved, the Finance Director will appropriate the funds and arrange for the award to Crossing the Jordan. Department Head Approval Date: October 10, 2017 Finance Director Approval Date: October 18, 2017 City Attorney Approval Date: October 26, 2017 City Manager Approval Date: November 8, 2017 Attachments: 1. Resolution 2. Proposal from Crossing the Jordan 3. Board of State and Community Corrections (BSCC) Local Funding Agreement RESOLUTION NO. 2017-132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY TO ACCEPT A $30,000 CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS FUNDING ALLOCATION FROM THE SANTA ROSA POLICE DEPARTMENT AND TO AWARD THE FUNDS TO CROSSING THE JORDAN COMMUNITY OUTREACH PROGRAM WHEREAS, the City of Rohnert Park desires to accept a $30,000 allocation of funding provided by the California Board of State Community Corrections (BSCC) to the police departments of Sonoma County, currently held by the Santa Rosa Police Department as fiscal agent; and, WHEREAS, the Department of Public Safety desires to provide such funds to Crossing the Jordan, a non-profit group, to be used to increase positive outcomes with high risk populations by offering outreach to homeless individuals and high risk youth, and to provide counseling, referrals, and other services to such individuals who need assistance with drug and alcohol related additions; and, WHEREAS, this funding shall be a one-time award to Crossing the Jordan; and WHEREAS, the funds received pursuant to this Resolution shall be used to supplement, and not supplant, expenditures by the Department of Public Safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Director of the Department of Public Safety and the Director of Finance to (1) accept funding in the amount of the $30,000 from the Santa Rosa Police Department on behalf of the City of Rohnert Park, and to further award such funds to Crossing the Jordan, and (2) execute all contracts, reports, and other documents as may be required to receive such funds and comply with applicable guidelines from the BSCC and Department of Finance. DULY AND REGULARLY ADOPTED this 14th day of November 2017. CITY OF ROHNERT PARK ______________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Partnership Proposal Rohnert Park Police Department August 31, 2017 Attachment 2 The Proposal Crossing the Jordan Foundation, Inc. seeks to partner with Rohnert Park Police Department for the purpose of serving those in need and assisting those that are struggling to transition into a healthy lifestyle. Who We Are Crossing the Jordan operates an 18-month residential Life Transformation Program. The program serves women and mothers with children who are addicted, homeless, battered, or are victims of human trafficking. Originally, we served only women and children. Since late 2013, we have added 2 residential men’s facilities. The residential program provides recovery groups, parenting, counseling, mentoring, and job skills training. Programs provide long-term transitional assistance in securing permanent housing and career placement. As a gift, each graduate is provided a vehicle upon graduation. Who We Serve Domestic Violence Domestic violence is the leading cause of injury to women between the ages of 15 and 44 in the United States—more than car accidents, muggings, and rapes combined. One in every four women will experience domestic violence in their lifetime. The number of American troops killed in Afghanistan and Iraq between 2001 and 2012 was 6,488. The number of American women who were murdered by current or ex male partners during that time was 11,766. That’s nearly double the amount of casualties lost during war. 3 women are murdered every day in the US by an intimate male partner. Children Witnesses of Domestic Violence 5 million children witness domestic violence each year in the US. Children in homes with violence are physically abused or seriously neglected at a rate 1500% higher than the national average. Those who grow up with domestic violence are 6 times more likely to commit suicide and 50 times more likely to abuse drugs and alcohol. Addiction 9 million women have used illegal drugs in the past year. Substance use by a pregnant mother can lead to long-term and even fatal effects, including low birth weight, birth defects, small head size, premature birth, problems with learning, memory, and emotional control. Human Trafficking Sex trafficking is a form of modern slavery that exists throughout the United States. 1 in 6 endangered runaways reported to them were likely sex trafficking victims. The average entry age of American minors into the sex trade is 12-14 years old. The prevalence and anonymity of the internet has fueled the rapid growth of sex trafficking, making the trade of women and children easier than ever before. Homelessness Child and family homelessness is an escalating crisis. Approximately 1.6 million children will experience homelessness over the course of a year. On any given day, researchers estimate that more than 200,000 children have no place to live. Over 92% of homeless mothers have experienced severe physical and/or sexual abuse during their lifetime. What We Provide Housing Providing long-term housing solutions is at the heart of our mission. Stabilizing the family while they heal and learn is the key to the success of our programs; most of the residents have never experienced a home environment that is safe and healthy. Our mission includes making the house a home. Crossing the Jordan currently operates 3 residential facilities with plans to open new homes throughout the country. The large main facility is for women and children with a license to serve 35 beds. There are two facilities are for men and single fathers with a total of 36 additional beds. Career Training No matter your past, employment is crucial for social integration, physical and mental health, well-being, and self-realization. Crossing the Jordan currently operates an online store, four retail locations, and a clothing export operation. Residents are trained during the program and offered full-time employment upon graduation. Currently, over 80% of our management staff are Crossing the Jordan graduates. Trainings & Workshops Crossing the Jordan has partnered with GAP Community, founded by Jean-Marie Jobs, to offer Life Transformational Training Workshops for our residents and graduates. GAP Community trainers provide world-class workshops for the purpose of personal transformation. GAP Community offers one- to four-day trainings that illuminate new ways of thinking and acting so residents can reach their vision—at home, at work, and in their community. The trainings provide interactive exercises, facilitated debriefs, and opportunities to explore and challenge what residents believe about themselves, others, and their circumstances. This heightened awareness allows them to gain powerful insights into how those beliefs determine their day-to-day choices. The insights the residents gain at training empower them to determine whether these beliefs are supporting their vision or if they are actually working against themselves to sabotage the future they have declared that they want. Health Crossing the Jordan understands the connection between the mind and body. We provide the opportunity for our residents to learn to “eat clean” and how that can impact their lives. Additionally, we have incorporated a fitness program into our curriculum which includes partnering with local boxing clubs and CrossFit trainers. We have also partnered with Sarah Grieb, the founder of Optimal You Expeditions. Optimal You’s mission is to inspire people to achieve their Optimal Health regardless of circumstance or adversity. We are dedicated to empowering individuals to passionately pursue their Optimal You through exploration, adventure, and fun. We appreciate that each person is unique and will define what is “optimal” according to his or her own vision. Living with Purpose Curriculum Crossing the Jordan has developed a unique curriculum that is currently in the process of becoming an evidence based program. With a success rate of 80% of those graduated, our programs are quickly getting noticed by those in the community but also from a former Standford Professor, Michael Howe, who will be conducting a study to document our success that is currently more 5 times that of the National average for successful transitioning our residents into permanent housing. Partnering with Rohnert Park Policy Department Crossing the Jordan’s co-founder, Dana Bryant, currently resides on the Sonoma County Human Trafficking Task Force as a first responder. Her husband and co-founder, Michael Bryant, works with local county probation and state parole for the purpose of serving the men in our community. Through these relationships, Crossing the Jordan has experience in working with local law enforcement in assisting the homeless of our county. Crossing the Jordan has a outreach team on staff that will come out on calls if a local policer officer has found a homeless and/drug addicted person that is desiring to get help. Crossing the Jordan proposes to have that same team serve the residents and/or homeless of the city of Rohnert Park. Crossing the Jordan will send out a staff member when we receive one of these calls. We will then screen that person and offer services and/or referrals. In the case that this person is under the influence, we would offer to bring the person to Orenda Detox Center in Santa Rosa. If that person is desiring to enter our program, we will continue to case manage them in partnership with the Orenda Detox Center and enter them in our program if they are accepted. We can also offer them other referrals if they need guidance. Crossing the Jordan’s mission is to serve those that have lost hope and are hurting. It is our honor and privilege to partner in this way. Attachment 3 ITEM NO. 7C6 1 Meeting Date: November 14, 2017 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Terrie Zwillinger, Project Coordinator Agenda Title: Authorize the Finance Director to Approve a Budget Amendment for Projects Funded with 2007R Excess Bond Proceeds _ RECOMMENDED ACTIONS: Adopt a Resolution authorizing the Finance Director to approve a Budget Amendment for projects funded with 2007R Excess Bond Proceeds. BACKGROUND: Several projects funded by the 2007R Excess Bond Proceeds are now complete. As the projects are closed out, some are over budget and some are under budget. The resolution attached provides the Finance Director authorization to move 2007R Excess Bond Proceeds funding from one project to another to balance the individual budgets. ANALYSIS: The following provides a brief explanation of the budget amendment items: Bond 1 & 2: • Alicia Park Restroom Renovation Project came in slightly over budget because of additional staff labor needed to finalize the project. $1,787 • The Library Parking Lot Paving and Landscaping Project needs to complete the landscaping portion of the project. $63,196 • The Community Center Roof Replacement Project is complete and is under-budget by $11,811. • The Community Center Parking Lot was part of the East Side Trunk Sewer Project and the City Council received an updated cost reconciliation at the April 25, 2017 meeting and Resolution No 2017-45 specifically unallocated $286,892 from the Bond Project, which frees up the funds to use on other projects. $233,474 was moved to fund the PAC Roof and HVAC Replacement Projects, leaving $53,172 to be used on other projects. Bond 3: • The Alicia Park ADA Path of Travel Project is complete and was under-budget by $5,392. 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. 7C6 2 • The Senior Center Parking Lot Paving Project went over budget due to the increased dig outs and asphalt needed to complete the project. $4,627 • Construction of the Senior Center HVAC has not yet begun, however the additional $765 from the Alicia Park ADA Path of Travel Project is being transferred to this project as a contingency. Table 1. Summary of 2007R Excess Bond Fund Proceeds Budget Amendments Account Name Change +/- BOND #1 & 2 Alicia Park Restroom Renovation Project No. 2015-04 $1,787 Library Parking Lot Paving Project No. 2015-09 $63,196 Community Center Roof Replacement Project No. 2015-06 ($11,811) Community Center Parking Lot Overlay Project No. 2014-07 ($53,172) Total $0 BOND #3 Alicia park ADA path of Travel Project No. 2017-05 ($5,392) Senior Center Parking Lot Paving Project No. 2017-12 $4,627 Senior Center HVAC Project No. 2017-12 $765 Total $0 STRATEGIC PLAN ALIGNMENT: This project is consistent with Strategic Plan Goal D2 – Improve Transportation and Infrastructure. FISCAL IMPACT/FUNDING SOURCE: No additional funds are needed to approve the budget amendment. Department Head Approval Date: (J. McArthur) 10/17/17 Finance Director Approval Date: (B. Howze) 10/17/17 City Manager Approval Date: (D. Jenkins) 11/8/17 City Attorney Approval Date: (Sergio Rudin) 10/18/17 Attachments (list in packet assembly order): 1. Resolution 2. Exhibit A: Summary of 2007R Excess Bond Funds Budget Amendments 1 RESOLUTION NO. 2017-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FINANCE DIRECTOR TO APPROVE A BUDGET AMENDMENT FOR PROJECTS FUNDED WITH 2007R EXCESS BOND PROCEEDS WHEREAS, the City and the Successor Agency to the former Community Development Commission pursued completion of certain projects using 2007R Excess Bond Proceeds; and, WHEREAS, several of the projects funded by 2007R Excess Bond Proceeds have now been completed; and, WHEREAS, budgets for the projects funded by 2007R Excess Bond Proceeds need to be adjusted and said adjustments are hereby incorporated in this resolution as Exhibit A: Summary of 2007R Excess Bond Fund Proceeds Budget Amendments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Director of Finance to approve a budget amendment, in conformity with and attached hereto as Exhibit A: Summary of 2007R Excess Bond Fund Proceeds Budget Amendments, to re-allocate project funding between various projects using 2007R Excess Bond Proceeds. DULY AND REGULARLY ADOPTED this 14th day of November, 2017. CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A Summary of 2007R Excess Bond Fund Proceeds Budget Amendments Account Name Change +/- BOND #1 & 2 Alicia Park Restroom Renovation Project No. 2015-04 $1,787 Library Parking Lot Paving Project No. 2015-09 $63,196 Community Center Roof Replacement Project No. 2015-06 ($11,811) Community Center Parking Lot Overlay Project No. 2014-07 ($53,172) Total $0 BOND #3 Alicia park ADA Path of Travel Project No. 2017-05 ($5,392) Senior Center Parking Lot Paving Project No. 2017-12 $4,627 Senior Center HVAC Project No. 2017-12 $765 Total $0 ITEM NO. 7C7 1 Meeting Date: November 14, 2017 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Terrie Zwillinger, Project Coordinator Agenda Title: Consideration of the 2017 Manhole Rehabilitation Project No. 2017-11, Finding the Project Exempt from CEQA, Approving and Adopting Plans and Specifications, Authorizing the Finance Director to Increase Appropriations in FY 17-18 for the Project and Awarding the Contract to H&R Plumbing and Drain Cleaning, Inc. _____________________________________________________________________________________________________ RECOMMENDED ACTIONS: Adopt a Resolution for the following actions: 1. Approve and adopt the plans and specifications for the 2017 Manhole Rehabilitation Project No. 2017-11, 2. Find such action exempt from California Environmental Quality Act (CEQA), 3. Accept the bids and award the contract for the project to H&R Plumbing and Drain Cleaning, Inc. in the amount of $305,750, and 4. Authorize the Finance Director to increase appropriations in the Project CIP Fund. BACKGROUND: The 2017 Manhole Rehabilitation Project No. 2017-11 project was identified in the FY 2016/17 CIP and provides $100,000 per year for the next 5 years. GHD was awarded a task order for the design for the project on March 13, 2017. The project was advertised for bids in FY 16/17 and two bids were received. The funding for the project was from the $100,000 allocated from the budget and $100,000 from the sewer fund contractual services, for a total of $200,000. However the bids were rejected: bidder No. 1 was found to be non-responsive because they did not meet the requirement of having a third party inspector; bidder No. 2 was substantially over budget for the project. A budget amendment was approved in June, 2017 to move $100,000 from the Sewer Fund Contractual Services into the project so that the funds could be used when the project was re-bid in FY 17/18. Given that FY 17/18 added another $100,000 to the project, staff added additional manholes to the project description and re-bid the project in September, 2017. 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. 7C7 2 ANALYSIS: Municipal Code Title 3, Chapter 3.04, Section 3.04.020 provides that the City's purchasing functions shall be governed by the City's purchasing policy. An invitation to bid was advertised on September 13, 2017 and was published on September 15 and 22, 2017 with the Community Voice, consistent with the City’s Purchasing Policy Section 3.6F Contracts for Public Projects which defers to the Cost Accounting Policies and Procedures Manual set forth under the California Uniform Public Contract Cost Accounting Act (CUPCCAA). The project was designed to rehabilitate 39 manholes, consisting of frame and cover replacement, and rehabilitation of 40 sewer manholes with Quadex, raising of five manholes in landscaped areas and removal and installation of three cubic yards of new sidewalk near MH 1587. The engineer’s estimate for the project was $278,000. Bid Analysis Bid opening occurred on October 5, 2017 at 3:00 PM and staff received two (2) bids, as listed below: No. Contractor Base Bid Amount 1 H&R Plumbing and Drain Cleaning El Sobrante, CA $305,750 2 SoCal Pacific Construction Corp Murrieta, CA $306,707 Staff reviewed the bids for responsiveness and contractor responsibility. The apparent low bidder was H&R Plumbing and Drain Cleaning, Inc. with a base bid in the amount of $305,750. Total Project Budget The total project budget is $357,000. The recommended cost to award the construction contract to H&R Plumbing and Drain Cleaning, Inc. is $305,750. Staff recommends that the City Council approve and adopt the plans and specifications as well as accept the bids and award a contract to the lowest responsible and responsive bidder, being H&R Plumbing and Drain Cleaning, Inc. Adopting the resolution would find the project to be exempt under CEQA regulations as is described below. Timeline If the City Council awards the bid, construction of the project would begin in early November, 2017. The construction period is 150 calendar days in the contract documents. Under the best circumstances, construction would be complete by March 2018. ENVIRONMENTAL ANALYSIS: The Project involves rehabilitation of manholes. Therefore, the Project is categorically exempt from the requirements of CEQA pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of CEQA Guidelines. (14 Cal. Code Regs. §§ 15301, 15302). STRATEGIC PLAN ALIGNMENT: This project is consistent with Strategic Plan Goal D2 – Improve Transportation and Infrastructure. ITEM NO. 7C7 3 OPTIONS CONSIDERED: Option 1: This project was designed to rehabilitate manholes in order to reduce inflow and infiltration into the sewer system. The project has been identified in the budget as a yearly maintenance item and staff recommends that the construction contract be approved. Staff recommends this Option. Option 2: If the project is not constructed, the manholes will continue to deteriorate and storm water will continue to infiltrate into the sewer system. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: The 2017 Manhole Rehabilitation Project No. 2017-11 in the amount of $357,000 is proposed to be funded through the Sewer Operating Budget. The project has been allocated $100,000 each year in the Budget. The project did not move forward last year and a budget amendment in the amount of $100,000 was approved with the intent of rolling over the $200,000 in funding identified in FY 16/17. Because this project is not considered a Capital Improvement Project, the Finance Director does not have the authority to roll funds for this project from year to year. Therefore, the $200,000 in funding identified in FY 16/17 could not be rolled into FY 17/18 and reverted back to the Sewer Fund. In addition, when budgeting for a 10% construction contingency and including other project related costs, the project would have required a budget amendment from the Sewer Fund to be fully funded. The Resolution attached would authorize the Finance Director to approve a budget amendment to move $257,000 from the Sewer Fund into this project. The budget for the awarded project is as follows: 2017 Manhole Rehabilitation Project No. 2017-11 Item Amount Construction Cost from H&R Plumbing and Drain Cleaning, Inc $305,750 10% Construction Contingency 30,575 Design Engineer Costs 10,502 Other Project Related Costs including: City labor, newspaper publishing, printing 10,173 Total Project Cost 357,000 Total Current Budget FY 17/18 100,000 Budget Shortfall (257,000) _____________________________________________________________________________________________________ Department Head Approval Date: (J. McArthur) 10/12/17 Finance Director Approval Date: (B. Howze) 10/18/17 City Manager Approval Date: (D. Jenkins) 11/9/17 City Attorney Approval Date: (Chad Herrington) 10/17/17 Attachments (list in packet assembly order): 1. Approving Resolution a. Exhibit A to the Resolution (Contract) 1 RESOLUTION NO. 2017-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE 2017 MANHOLE REHABILITATION PROJECT NO. 2017- 11, FINDING THE PROJECT EXEMPT FROM CEQA, APPROVING AND ADOPTING PLANS AND SPECIFICATIONS, AUTHORIZING THE FINANCE DIRECTOR TO INCREASE APPROPRIATIONS FOR THE PROJECT AND AWARDING THE CONTRACT TO H&R PLUMBING AND DRAIN CLEANING, INC. WHEREAS, the 2017 Manhole Rehabilitation Project No. 2017-11 (“Project”) will repair/rehabilitate 39 manholes, consisting of frame and cover replacement, and rehabilitate 40 sewer manholes with Quadex, raise five manholes in landscaped areas and remove and install three cubic yards of new sidewalk near MH 1587; and, WHEREAS, the City of Rohnert Park Municipal Code Title 3, Chapter 3.04, Section 3.04.020 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 3.6F Contracts for Public Projects which defer to the Cost Accounting Policies and Procedures Manual set forth under the California Uniform Public Contract Cost Accounting Act (CUPCCAA), an invitation to bid was advertised on September 13, 2017 with the Community Voice for the Project; and, WHEREAS, the plans and specifications for the Project were designed by GHD Inc. of Santa Rosa, California; and, WHEREAS, a budget amendment was approved in June, 2017 to move $100,000 from the Sewer Fund Contractual Services into the project so that the funds could be used when the project was bid in FY 17/18; and, WHEREAS, the project was bid on September 13, 2017 and the bids for the Project were opened on October 5, 2017; and, WHEREAS, Public Works staff reviewed the bids received for responsiveness and determined that H&R Plumbing and Drain Cleaning submitted the lowest cost bid and is the lowest responsive and responsible bidder; and, WHEREAS, the 2017 Manhole Rehabilitation Project No. 2017-11 in the amount of $357,000 is proposed to be funded through the Sewer Operating Budget; and, WHEREAS, because this project is not considered a Capital Improvement Project, the Finance Director does not have the authority to roll funds for this project from year to year; and, ( 2 ) 2017-134 WHEREAS, $200,000 in funding identified in FY 16/17 could not be rolled into FY 17/18 and reverted back to the Sewer Fund; and WHEREAS, there are sufficient funds in the Sewer Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: Section 1. The above recitals are true and correct and material to this Resolution. Section 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. Section 3. The Project is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction). (14 Cal. Code Regis. §§ 15301, 15302). Section 4. The plans and specifications for the 2017 Manhole Rehabilitation Project No. 2017-11 are hereby approved and adopted. Section 5. In accordance with California Public Contract Code Section 20160 et seq. and following any other applicable laws, the bids for the Project are accepted, and H&R Plumbing and Drain Cleaning, Inc. is hereby found to be the lowest responsive and responsible bidder and any irregularities in such bid are waived in accordance with applicable law. Section 6. The City Council of the City of Rohnert Park that it does hereby authorize the Director of Finance, to increase appropriation in the project funds ($257,000), to be funded by the Sewer Operating Budget, and any other administrative appropriations necessary to fund the project. Section 7. An agreement between H&R Plumbing and Drain Cleaning, Inc. and the City of Rohnert Park for the Project in the amount of Three Hundred Five Thousand Seven Hundred Fifty dollars ($305,750) has been prepared by the City and is attached hereto as Exhibit “A.” 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 of the agreement in substantially similar form to the agreement attached hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. Section 8. The City Manager is authorized to sign Contract Change Orders up to ten percent (10%) of the construction contract award amount. Section 9. City staff is hereby directed to issue a Notice of Award to H&R Plumbing and Drain Cleaning, Inc. for this project. Section 10. This Resolution shall become effective immediately. ( 3 ) 2017-134 Section 11. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 14th day of November, 2017. CITY OF ROHNERT PARK ____________________________________ Jake Mackenzie, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibit A AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Page 1 C O N T R A C T 2017 MANHOLE REHABILITATION PROJECT PROJECT NO. 2017-11 THIS AGREEMENT, made and entered into this _____ day of______________, 2017, by and between H&R Plumbing and Drain Cleaning, Inc., hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1.Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on November 14, 2017, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2.Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within 150 calendar days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of $500.00 per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3.Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of Three Hundred Five Thousand, Seven Hundred Fifty Dollars ($305,750). 4.Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a)This Agreement b)Notice Inviting Sealed Proposals c)Instruction and Information to Bidders Exhibit A to Resolution Page 2 d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Technical specifications j) Design Standards k) Plans, Profiles and/or Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revision s to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agen ts will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker empl oyed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint Page 3 apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration Page 4 of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. . 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. 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 Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. Page 5 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, t he occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, Page 6 securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other elect ronic Page 7 transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK H&R Plumbing and Drain Cleaning, Inc. ____________________________________ City Manager Date Name/Title Date Per Resolution No. ________________>adopted by the Rohnert Park City Council at its meeting of November 14, 2017. ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney ITEM NO. 7D 1 Meeting Date: October 24, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Authorizing the City Manager to Execute Task Order 2017-03 with Dudek for Design and Environmental Services for the Trail to Crane Creek Regional Park (Project 2007-19) for $160,000 RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute Task Order 2017-03 with Dudek for Design and Environmental Services for the Trail to Crane Creek Regional Park (Project 2007-19). BACKGROUND: In 2007, the City and its partners, Sonoma County Regional Parks (Regional Parks) and Sonoma State University, secured a $711,000 matching grant from the Sonoma County Open Space and Agricultural Preservation District (Open Space District) to construct a trail from the current terminus of the Copeland Creek Trail, on the Sonoma State Campus, to Crane Creek Regional Park. The proposed trail crosses the “Anderson 128” property which was dedicated to the City by the developer of the University District in 2016 (see Attachment 1). The Open Space District has extended the matching grant offer twice for the City and is requiring that the trail be completed by December 2018. The City has begun work on the first phase of the trail, which is conterminous with the access road to the City’s water tank #8. It is now necessary to begin environmental review and design work on the remaining segments of the trail so that construction can begin next spring. ANALYSIS: The City’s Purchasing Policy requires that consultant services be secured through a “qualifications based selection process”. In accordance with the purchasing policy staff prepared and distributed a “request for proposals” on September 8, 2017. The City received two proposals, one from Dudek, with support from local traffic and engineering consultants and one from Questa Engineering, also with some supporting subconsultants. Both proposing firms are qualified to perform the work but the Dudek team has more specific and relevant experience with the trail site. Dudek has performed the environmental studies and analysis that support the City’s water tank project. Their engineering subconsultant, Brelje & Race, currently managing the construction of the City’s water tank and brings a great deal of familiarity with the site, its topography and potential constraints and opportunities. Staff recommends retaining the Dudek team, primarily because their high degree of familiarity with the site and project will assist with meeting the ambitious schedule for the project. Dudek’s proposed fee for the environmental analysis, design and project permitting is just over $155,000. Staff is recommending a Task Order with a limit of $160,000, to provide some flexibility for unforeseen circumstances. The $160,000 is 12.35% of the City’s budget of $1.295 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. 7D 2 million dollars. Industry standard for project environmental planning, design and permitting is 10% to 15% of the project cost, so this proposal is reasonable. OPTIONS CONSIDERED: None. Securing design and environmental consulting services is a critical part of executing the grant funded project. In accordance with the City’s Purchasing Policy, staff secured proposals from qualified consultants for this work. The Dudek team is the most qualified team for this project and brings extensive familiarity with trail project and site and the City’s schedule goals for the project. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is $160,000. The funding source is Project 2007-19 which has an approved budget of $949,347 for Fiscal Year 2017-18. Department Head Approval Date: 10/31/2017 Finance Manager Approval Date: 11/02/2017 City Attorney Approval Date: 11/01/2017 City Manager Approval Date: 11/03/2017 Attachments (list in packet assembly order): 1. Location Map 2. Dudek Task Order 2017-03 Pr o p o s e d m u l Ɵ‐ us e p a t h * Pr o p o s e d c o n n e c t o r t r a i l * Pr o p o s e d 3 ’ ‐4’ w i d e di r t p a t h s * Wa t e r t a n k s e r v i c e r o a d (u n d e r c o n s t r u c Ɵ on ) Pr o p o s e d vi s t a p o i n t Wa t e r t a n k (u n d e r c o n s t r u c Ɵ on ) Pr o p o s e d t r a ffi c s i g n a l * Proposed trail alignments shown are conceptual. Actual trail alignments may vary in final design and construction. Pr o p o s e d c r o s s i n g LE G E N D Di r t p a t h s a n d v i s t a p o i n t s a r e ve r y c o n c e p t u a l Trail switchbacks likely within this zone Tr a i l s w i t c h b a c k s li k e l y w i t h i n t h i s z o n e Wa t e r t a n k r o a d i s c o v e r e d b y Un i v e r s i t y D i s t r i c t E I R 2 0 1 6 A d d e n d u m . Pr o p o s e d p a t h , c r o s s i n g an d t r a ffi c s i g n a l f o r in c l u s i o n i n C E Q A a n a l y s i s Pr o p o s e d m u l Ɵ‐ us e t r a i l , d i r t p a t h s a n d v i s t a p o i n t s f o r in c l u s i o n i n C E Q A a n a l y s i s , i n c l u d i n g p o r Ɵ ons inside Cr a n e C r e e k R e g i o n a l P a r k b o u n d a r i e s Cl a s s I m u l Ɵ‐ us e t r a i l c o n c e p t u a l a l i g n m e n t Ci t y  of  Ro h n e r t  Pa r k  — RE Q U E S T  FO R  PR O P O S A L S  — En v i r o n m e n t a l  an d  De s i g n  Co n s u l Ɵ ng  Se r v i c e s  fo r  Ph a s e  1  Se g m e n t  B  an d  Ph a s e  3  of  Trail  to  Crane  Creek  Regional  Park   DUDEK TASK ORDER NO. 2017-03 CITY OF ROHNERT PARK AND DUDEK AUTHORIZATION TO PROVIDE ENVIRONMENTAL REVIEW AND DESIGN SERVICES FOR THE TRAIL TO CRANE CREEK REGIONAL PARK (PROJECT 2007-19) SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct Dudek (“Consultant”) to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and Consultant dated June 28, 2016. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services, including the optional permitting task. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “A” for an amount not-to-exceed $160,000. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by June 1, 2018 or as extended by the City Manager. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 14th day of November, 2017. CITY OF ROHNERT PARK DUDEK ____________________________ Darrin Jenkins, City Manager (Date) Name, Title (Date) Per City Council Resolution 2017‐___ adopted on   November 14, 2017 ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ City Attorney 1 October 2017 Scope of Work for the Phase 1 Segment B and Phase 3 trail to Crane Creek Regional Park Task 1 Environmental review for Trail Phase 1-B and Trail Phase 3 intersection improvements including a new traffic signal, multi- use trail and creek crossing We have prepared this scope of work in response to the City’s request for preparation of an environmental document for the Phase 1 Segment B and Phase 3 trail to Crane Creek Regional Park project. The following scope of work and cost estimate assumes preparation of a Mitigated Negative Declaration (MND) and Initial Study (IS) to support the MND. This section describes the process and tasks that Dudek and our subconsultants will perform to accomplish the scope of work. The deliverables associated with each task are also included in this section. Administrative Draft MND Dudek will prepare an Administrative Draft MND for the project using the CEQA Guidelines Appendix G Environmental Checklist Form. The MND will identify potential environmental impacts and mitigation measures necessary to reduce impacts to less-than-significant levels. Upon execution of the contract, Dudek staff will meet with City of Rohnert Park (City) staff. This project initiation meeting will serve to confirm the project elements to include in the project description, review Dudek’s work plan and schedule, discuss background information and any project issues, and establish communication protocols and specifics related to internal review drafts and the format of the EIR. Dudek will also conduct a site visit to observe existing conditions on the project site and in the project vicinity with City staff (if available). As part of this task, Dudek will also review all relevant City documents including the University District Specific Plan EIR, University District Specific Plan EIR Addendum (2014), and University District Specific Plan EIR Addendum (2016). Prior to commencing work on the Initial Study, Dudek will prepare a draft project description for the MND/IS for review by the City. It is assumed the City will provide Dudek with project information and project details (e.g., grading information) to prepare an accurate project description. However, Dudek will work with City and, if necessary County staff, to develop reasonable project assumptions if required. Dudek will assist the City with their responsibility to comply with AB 52 by contacting the Native American Heritage Commission, preparing consultation letters and notices, and creating the 2 October 2017 accompanying location maps. Dudek will provide the City with the appropriate text for each letter and notice and will assist the City throughout the AB 52 consultation process. The City will provide Dudek with a Cultural Resources report and a Biological Resources report to prepare the biological resources and cultural resources sections of the IS and to support the findings included in the IS. Dudek will use CalEEMod to model air emissions associated with construction activities based on project detail provided by the City or reasonable assumptions development by Dudek and the City. Dudek will also model air emissions associated with project operation based on information provided by the traffic consultant, W-Trans. Dudek will also quantify greenhouse gas (GHG) emissions associated with the construction and operation of the project using CalEEMod. Traffic Signal Memorandum W-Trans will evaluate potential traffic impacts associated with the proposed project. W-Trans will prepare a traffic control device memorandum that evaluates the ideal traffic control device for the trail crossing at Petaluma Hill Road, which may identify a traffic signal, pedestrian hybrid beacon, or rectangular rapid flashing beacon as the most appropriate traffic control device. It is assumed the City (or the County) will provide available traffic count information to assist W-Trans in preparing this evaluation. If no traffic data is available, it may affect the schedule for delivering the memorandum. Trail Alignment and Bridge Siting BRC Engineers (BRCE) will identify the preliminary trail alignment for Phase 1B and Phase 3 and conduct the preliminary bridge siting. BRCE will analyze existing topographic information and walk the preliminary trail alignment with City staff, marking the route with flagging, and taking GPS locations. BRCE will create an exhibit showing the trail alignment to be used in the MND. BRCE will also conduct preliminary geotechnical investigations (surface review and existing records information review) for potential bridge abutment locations at the Copeland Creek trail crossing (Phase 3 Segment). Deliverables:  Electronic copy of the Administrative Draft MND for review  Electronic copy of the traffic memorandum  Electronic copy of the preliminary trail alignment map Public Review Draft MND Dudek will revise the Administrative Draft MND to incorporate comments provided by City staff and will prepare the Public Review Draft MND. Dudek will work with City staff to assemble, 3 October 2017 notice, and distribute the MND for public review. Dudek will prepare a Notice of Completion and submit 15 copies of the MND to the State Clearinghouse to initiate start of the 30-day comment period (if state agency review is required) and prepare a Notice of Intent to adopt an MND for review and approval by the City prior to public distribution. Deliverables:  Electronic copy of the Draft MND  One electronic and one hard copy of the Notice of Completion and Notice of Intent to adopt a MND  Deliver 15 copies of the MND to OPR (if state agency review is required) Addressing Comments on the MND and Preparing a Mitigation Monitoring and Reporting Program Following conclusion of the public review period, Dudek will prepare a memorandum to City staff that provides responses to all comments received. If any comments necessitate revisions to the text of the Draft MND we will prepare a Final MND that shows the revised text in underline and strike through. We are assuming no more than 30 individual comments will require a response (note that a single comment letter may contain multiple comments). This task assumes one round of revision for the memorandum based on City comments. It is assumed that no changes to technical reports would be required at this stage. A Mitigation Monitoring and Reporting Program will also be prepared for inclusion in the Final MND. Deliverables:  Electronic copy of the administrative draft and final comment memorandum (and Final MND if required) and Mitigation Monitoring and Reporting Program Project Management and Meetings Project management includes consultations by telephone and correspondence with City staff and the applicants. Project organization, billing, and application production supervision is also included. We have included an estimated total budget for this task, although Dudek would bill only for actual time expended. This scope of work assumes that Dudek’s project manager or principal-in-charge will attend up to six (6) in-person monthly coordination meetings and one meeting with the Sonoma County Bicycle and Pedestrian Commission. Dudek’s project manager will also attend up to two project approval hearings. Due to the accelerated schedule Dudek has also assumed two (2) additional meetings with City staff in the event a new issue or concern is raised that needs to be addressed. Dudek’s project manager would prepare coordination meeting notes to distribute to the team each month. 4 October 2017 Attendance at any additional meetings will be billed on a time and materials basis and will represent costs in addition to the proposed budget. Total Cost for Task 1 ............................................................................................................$52,325 Task 2 Preliminary Engineering and Resource Agency Permitting for Trail Phase 3 Based on a preliminary assessment, BRCE are assuming a clear span bridge could cross Copeland Creek. As part of this task, BRCE will attend a design kick-off meeting with City and Parks Department staff. To confirm a clear span bridge is feasible, BRCE will perform further geotechnical analyses (subsurface borings or excavated pits) for abutment design and perform value engineering for potential bridge options and alignments. This includes preparing a 60% PS&E with preferred trail alignment and bridge type/location and coordinating with the traffic design team at the roadway crossing. Utility location research and property/easements research will also be conducted. Should the final trail design determine that it is possible and practicable to clear-span the Creek, no resource agency permits would be required from the U.S. Army Corps of Engineers (USACE), North Coast Regional Water Quality Control Board (RWQCB), or the California Department of Fish and Wildlife (CDFW), and Section 7 Endangered Species Act (ESA) consultation would not need to be initiated with the National Marine Fisheries Service. In the event it is not feasible to design a clear span bridge, we have included an optional task below that lists the permits that would be required from the various regulatory agencies. Total Cost for Task 2 ............................................................................................................$41,820 Optional Task: Permitting If a clear span bridge is not feasible and resource agency permits are required, Dudek assumes all necessary grading and best management practice (BMP) evaluation requirements will be provided by the City’s engineer (for the RWQWB application) and a wetland delineation and a biological assessment will be provided as part of the biological work to be completed under a separate City contract (USACE application). It is not anticipate the project would result in the take of any species under the California Endangered Species Act (CESA). The project appears to be located in an area of the Santa Rosa Plain Conservation Strategy Study Area designated as “no effect” and consultation with USFWS would not be required. Should the USACE make a determination that consultation with USFWS is required pursuant to Section 7 ESA, Dudek would use the biological assessment prepared for the project for submittal to USACE to initiate consultation. 5 October 2017 Permit assistance does not include processing of RWQCB Waste Discharge Requirements (WDR), which would be required to permit impacts to isolated waters of the State that are not under federal wetlands jurisdiction or for projects of large dredge volume. It is not anticipated that WDRs will be required; however, if the RWQCB determines that WDRs are required, an additional scope of work and budget will be prepared and submitted for review and approval. We do not anticipate a process of environmental review and approvals from Sonoma County Water Agency (SCWA). Should SCWA make a determination review and authorization pursuant to their stream maintenance standards or other environmental review standards is necessary, we would revise our cost estimate accordingly. Total Cost for Optional Task ...............................................................................................$28,200 Task 3 Final Engineering and Construction Document Prepared for Trail Phase 3 W-Trans will design the appropriate traffic control device in conformance with City and State guidelines and standards. This assumes a pedestrian hybrid beacon will be the preferred traffic control device. The design fee may need to be adjusted up or down if a traffic signal or rectangular rapid flash beacon (RRFB) is selected, respectively. It is assumed an encroachment permit may be required by the County to install the traffic control device and that the City will approve the design. It is assumed the City will provide W-Trans with “As Built” record drawings for existing traffic signals, and access to traffic signal controller cabinets and the City will allow the abbreviated design format for minor modifications to City traffic signals, as described in the RFP. To assist in the final engineering, BRCE will prepare a critical path schedule for milestones and project completion; prepare 90% PS&E and incorporate design review comments, stormwater low impact development (LID) BMPs and CEQA mitigation measures. BRCE will also prepare 100% (signed) and bid-ready plans, Specifications and Engineer’s estimate of probable construction costs and will provide bidding and construction related services (prepare addenda, respond to bidder RFIs, review and respond to submittals, attend construction progress meetings and respond to contractor requests for information.) Upon construction completion BRCE will prepare Record Drawings. Total Cost for Task 3 ............................................................................................................$32,689 Total Cost for Tasks 1 -3 (including reimbursables) .....................................................$126,834 6 October 2017 ASSUMPTIONS  Dudek will reproduce the number of document copies, as specified in the scope of work, for distribution purposes. Additional copies can be provided on a time-and-materials basis with prior written authorization from the City.  Filing fees for notices at the County Clerk’s office and newspaper noticing fees are not included in the cost estimate.  This scope of work represents our best understanding of the project at this time. Additional coordination with the City may result in the need to address topics or work items not included herein. DUDEK Environmental and Design Services for Trail to Crane Creek Regional Park – Cost Proposal 1 Cost Proposal Table 1 illustrates Dudek’s detailed cost proposal for the requested services. TABLE. 1. COST PROPOSAL Employee Cathy C Spence-Wells Christine M Kronenberg Kaitlin E Roberts Adam R Giacinto Markus J Lang David M Wickens Craig P Seltenrich Matthew J Morales Devin R Brookhart Tyler R Friesen Labor Hours Labor @ Billing Rates Sub- Consultant Cost Sub- Consultant Billing Reimburseabl es Billing Total Employee Type Principal Enviro Specialist/ Planner VI Enviro Specialist/ Planner III Enviro Specialist/ Archaeologist IV Enviro Specialist/ Planner V Senior Project Manager/ Specialist II Enviro Specialist/ Planner VI Enviro Specialist/ Planner IV Editor GIS Specialist III % Used on job 6% 50% 17% 3% 3% 13% 6% 2% Phase 240.00 195.00 155.00 165.00 175.00 225.00 195.00 165.00 105.00 145.00 Task 1 Subtotal 14 120 40 8 6 - - 32 14 4 238 42,660.00 8,205 9,026 640 52,325.50 Prepare AD IS/MND 4 4 40 6 8 4 66 10,410.00 - 70 10,480.00 AB 52 Consultation support 8 32 40 6,600.00 - - 6,600.00 Screencheck IS/MND 4 4 420.00 - 70 490.00 Public review IS/MND 4 2 6 990.00 - 150 1,140.00 Project Meetings/Hearings 4 42 46 9,150.00 - 350 9,500.00 Project review/QA-QC 6 28 34 6,900.00 - - 6,900.00 Project Management 40 40 7,800.00 - - 7,800.00 W-Trans - Signal Memorandum 2 2 390.00 1,565 1,722 - 2,111.50 BRCE- Initial Reconnaissance - - 6,640 7,304 7,304.00 Task 2 Subtotal - - - - - - - - - - - - 38,018 41,820 - 41,819.80 W-Trans - 60% Design - - 8,338 9,172 - 9,171.80 BRCE - Preliminary Design - - 29,680 32,648 - 32,648.00 Task 3 Subtotal - - - - - - - - - - - - 29,717 32,689 - 32,688.70 W-Trans 90%/Final design - - 2,935 3,229 - 3,228.50 W-Trans Bid Set/Construction Support - - 4,662 5,128 - 5,128.20 BRCE - Final Design - - 22,120 24,332 - 24,332.00 Total Hours 14 120 40 8 6 - - 32 14 4 238 42,660.00 126,834.00 Total Billing 3,360.00 23,400.00 6,200.00 1,320.00 1,050.00 - - 5,280.00 1,470.00 580.00 42,660.00 75,940 83,534 640 $126,834.00 Optional Task Optional Task - Permitting - - - - - 82 50 - - - 132 28,200.00 - - - 28,200.00 Interagency Meeting 32 32 7,200.00 7,200.00 Prepare/Process Permit Applications 50 50 100 21,000.00 21,000.00 Total Optional Task Hours - - - - - 82 50 - - - 132 28,200.00 28,200.00 Total Optional Task Billing - - - - - 18,450.00 9,750.00 - - - 28,200.00 - - - $28,200.00 DUDEK Environmental and Design Services for Trail to Crane Creek Regional Park – Cost Proposal 2 INTENTIONALLY LEFT BLANK ITEM NO. 7E 1 Meeting Date: November 14, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Vanessa Marin Garrett, Civil Engineer Agenda Title: Authorizing the City Manager to Execute Task Order 2017-02 with LCA Architects for Construction Management Services RECOMMENDED ACTION: By Minute Order, authorize the City Manager to Execute Task Order 2017-02 with LCA Architects for Construction Management Services. BACKGROUND: The City’s Stadium Area Master Plan includes an approximately 3 acre site at the intersection of Labath and Martin Avenue for a “west side fire station”. Over the past two years, staff has been developing the design with the help of consultants for a fire station that meets the City’s needs. In 2016, through a competitive qualifications-based selection process, staff selected LCA Architects (LCA) to perform the master plan and conceptual design work for the new fire station. The process included working with the public safety staff to develop a programming document that captured the department’s space needs. The conceptual station design is complete and has been approved by the Planning Commission through the Site Plan and Architectural Review process. In February 2017, the City approved Task Order 2017-01 authorizing LCA Architects to provide design services for the new fire station on the west side of the City. LCA is currently working on completing these documents for building permit submittal in late 2017 and construction in 2018. ANALYSIS: As the City prepares the fire station project for construction, staff is working to secure the consultant support necessary to ensure that the project is successful. Because of the workload in Development Services and demands on staff time, staff is recommending that City retain a construction manager to assist staff. Construction management services are crucial to provide quality assurance and coordination during the project’s construction phase. The construction manager’s main duties for this project consist of: - Providing a constructability review prior to bidding the project - Reviewing and tracking all payments to the contractor - Tracking and managing all submittals and requests for information - Tracking and managing change order requests and working to reduce changes to the contract - Conducting progress meetings - Coordinating with the adjacent developer during construction 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. 7E 2 Staff is recommending retaining LCA for these services. LCA’s proposed construction manager worked with the City on the programing phase and is highly familiar with the project. Staff believes that keeping the same team through the construction process is a way to efficiently transfer between design and construction phases. The proposed services are for $120,000, which is approximately 3% of the overall construction cost. That amount is reasonable. STRATEGIC PLAN ALIGNMENT: The recommended option is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: Staff considered the two options listed below. 1. Authorize a task order for LCA to provide construction management services for the project (recommended option). This option will give staff the construction management support needed to move into the construction phase of the project. 2. Do not allow LCA to provide construction management services. This option will either require the construction management services to be done in-house or to have an RFP solicited for these services. When looking at proposals for similar projects around the area, the construction management services available have been minimal and greater in cost due to the demand. Staff does not have capacity to complete all of the services in this scope. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $120,000. The costs are proposed to be funded from the existing capital improvement project (CIP Project 2004-13), which has an approved budget of $3,532,622, of which approximately $3.4 million is remaining. Department Head Approval Date: 10/31/2017 City Attorney Approval Date: 10/26//2017 Finance Director Approval Date: 11/1/2017 City Manager Approval Date: 11/3/2017 Attachments (list in packet assembly order): 1. Attachment 1 – Task Order 2017-02 with LCA Architects Attachment 2 LCA TASK ORDER NO. 2017-02 CITY OF ROHNERT PARK AND LCA ARCHITECTS AUTHORIZATION TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE WEST SIDE FIRE STATION PROJECT PROJECT NO. 2004-13 SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct LCA Architects to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and LCA Architects ("Consultant") hereto dated June 14th, 2016. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B” for an amount not-to-exceed $120,000. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by September 1, 2019, or as extended by the City Manager. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this ______________ day of ______________________ , 2017. CITY OF ROHNERT PARK LCA ARCHITECTS ____________________________ Darrin Jenkins, City Manager (Date) Carl Campos, CEO (Date) Per Resolution No. 20_____-____ adopted by the Rohnert Park City Council at its meeting Of ________________, 20_______. APPROVED AS TO FORM: ATTEST: ____________________________ ____________________________ City Attorney City Clerk               LCA ARCHITECTS, INC.  2017 HOURLY FEE SCHEDULE*    DESCRIPTION  HOURLY RATE  Principal $215.00  Associate $190.00 to $215.00  Project Manager  $195.00  Construction Manager $150.00 to $185.00  Project Architect $135.00 to $185.00  Quality Control Manager $195.00  Specifications Writer $195.00  Job Captain $115.00 to $130.00  Designer  $95.00 to $175.00  CAD Tech  $95.00 to $140.00  Project Coordinator  $95.00 to $135.00  Administration/Research/Presentations $90.00 to $125.00  Clerical $105.00  Architectural Animation – Preparation of computer  generated views, renderings and simulations of  architectural interiors and exteriors.  Preparation  of video “fly‐by’s,” walkthrough’s, and other  simulations.    $170.00/hr.  Expert Witness – Review of documents, meetings,  site visits, telephone conferences, administration of  the documents and materials, research, deposition,  testimony, court appearances, and travel time.      $500.00/hr.    Perspective Sketches and Renderings, Visual  Simulations    On a Per Drawing Basis  Mileage (outside of the Walnut Creek area) **as adjusted by IRS guidelines    0.53.5/mile**    Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print  mounting, long distance phone calls, postage, express mail, and travel outside the Walnut Creek  area will be billed on a reimbursable basis: at cost plus 15%.    Overtime ‐ If overtime is required by staff, to meet a customer’s timing request, additional hourly  fee charges may apply.  California employment law will apply.          * Effective 01/01/2017. Subject to change quarterly.  ITEM NO. 8 1 Meeting Date: November 14, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Report on Downtown Design Charrette RECOMMENDED ACTION: Receive report and provide comment on the recommendations from the Downtown Design Charrette. BACKGROUND and ANALYSIS: As part of implementing the Central Rohnert Park Priority Development Area Plan, the City retained Opticos, an urban design firm, to prepare a form based code for the downtown district, generally bordered by Enterprise Drive to the south, Hinebaugh Creek to the north, Commerce Boulevard to the west and the SMART right-of-way to the east. A form based code is a zoning code tool that assists in ensuring that certain characteristics of “downtown areas” such as block-length, sidewalk width, streetscaping and building orientation, are consistently employed in the design of public and private spaces. As part of the developing this code, the City and its consultant hosted a four-day design workshop from November 6 through November 9 to secure input from the community and test design concepts. This council presentation will provide an overview of the concepts and recommendations coming from the design charrette and will provide an opportunity for City Council input. Based on this direction, the team will complete the proposed code for Council’s consideration and adoption in the first part of 2018. ALIGNMENT WITH STRATEGIC PLAN: This project is consistent with the Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. Council review of the recommendations from the design charrette is a necessary step in completing the form-based code. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to providing comments on the recommendations from the design charrette. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: November 8, 2017 Attachments (list in packet assembly order): None 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 Stefan Pellegrini Principal, Opticos Design Downtown Rohnert Park Form-based Code Charrette Rohnert Park City Council 14 November 2017 Downtown Rohnert Park Form-based Code Charrette Purpose & Overview1 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 3 •To implement the 2016 Rohnert Park PDA Plan •To update Zoning for the Downtown District Amenity Zone (DDAZ) and create a Form Based Code Why Are We Here? Charrette Purpose and Overview 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 4 Why a Form-based Code? To provide predictability and ensure that zoning delivers on the PDA plan’s vision FBC will provide an opportunity to consider and codify •Vision and Policy of the PDA plan •Street and Block network •Form and Character of Streets and Civic spaces •Form, character, and intensity of buildings Why a Form Based Code (FBC)? Charrette and Public Input Summary2 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 6 •Multi-day, collaborative planning event •Community Input at open houses •Stakeholder and Property Owner meetings •Design, land use, mobility, public amenities, open-space, economic development •Develop and Evaluate Alternatives •Preferred Plan developed What happened at the Charrette? Community Engagement 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 7 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 8 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 10 Community Engagement Opening Presentation and Community Visioning Exercise 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 11 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 12 Community Engagement •Active Users Group •Community Users Group •Technical Advisory Group •Individual Meetings with Property Owners Stakeholder Meetings 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 13 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 14 Community Engagement •Economic Development & Retail •Led by Michael Berne Brown Bag Lunch 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 15 Community Engagement •Tuesday 5:30pm to 7:30pm •Thursday 5:30pm to 7:30pm Community Open Houses Key Design Features: Making a Downtown3 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 17 Key Design Features Rohnert Park Expressway •Multiway Boulevard •Improve access to SMART Station Rohnert Park Expressway/Multiway Boulevard 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 18 Key Design Features •Improved connectivity to Transit and Civic Spaces •Parking located at center of blocks •Emphasize north-south corridor Street and Block Network 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 19 Key Design Features Plaza and Civic Spaces •Mixed-Use Retail Plaza at Rohnert Park Expressway •Station Square •Network of Green Spaces throughout Plan Central Retail Plaza Station Plaza 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 20 Key Design Features Retail/Mixed Use Approach •Retail at main plaza and along north-south street •Flexible Mixed- Use frontage along State Farm Dr., Station Square, and other key locations 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 21 Key Design Features •Potential Location across from main plaza •Second opportunity site for Civic building on State Farm Site City Hall Zoning Implementation Strategy4 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 23 Zoning Implementation Strategy •Regulating Plan •Form Standards by Zone •Use Standards by Zone •Zone Intent Illustrations •Review and Modification Process Code Update Components 14 November 2017 Rohnert Park Downtown Form-based Code Zoning Implementation Strategy Downtown Main Street Zone 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 25 Zoning Implementation Strategy Neighborhood Main Street Zone 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 26 Zoning Implementation Strategy Downtown Neighborhood Zone 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 27 Zoning Implementation Strategy Draft Regulating Plan Downtown Main Street Neighborhood Main Street Downtown Neighborhood 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 28 Zoning Implementation Strategy Multiway Boulevard (Rohnert Park Expressway) State Farm Drive (Streetscape Improvements) Neighborhood Streets (Streetscape Improvements) Neighborhood Streets (Flexible Location) Thoroughfare Plan 14 November 2017 Rohnert Park Downtown Form-based Code © 2017 Opticos Design, Inc.| 29 Zoning Implementation Strategy Community Plazas Attached Greens Pocket Plazas Central Plaza Station Square Civic Green Civic and Open Space Questions & Discussion5 ITEM NO. 9 1 Meeting Date: November 14, 2017 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Discussion and Direction on Retail Attraction Project RECOMMENDED ACTION: Provide feedback to staff and consultants on materials under development for the project to attract retail businesses to the City. BACKGROUND: In June, 2017 the City Council approved a contract with The Design Guild for assistance in attracting retail businesses to the City. The project includes the following components: a. A brochure, website, and site-specific materials to be used in marketing the City to retailers, retail brokers, and developers. b. Brief videos to complement the other marketing materials. c. An event to showcase Rohnert Park and opportunities for retail. d. Targeted recruitment of retailers and developers. e. Development of an action plan to follow up on the steps outlined above. ANALYSIS: The consultant team and staff have developed versions of the brochure, website home page, and site-specific materials. These will be presented at the City Council meeting for the Council’s discussion and direction. The team will then refine the materials, and move to producing the videos. The showcase event is tentatively scheduled for February 15, 2018. ALIGNMENT WITH STRATEGIC PLAN: This project is consistent with the Strategic Plan’s goal of fiscal sustainability and the commitment to engage in retail attraction in 2017 and 2018. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends that the City Council provide comments on the materials developed thus far. 2. Alternative: No other option was considered. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 9 2 FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to providing comments on the project materials. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: November 7, 2017 Attachments (list in packet assembly order): None Click to edit Master title style •Click to edit Master text styles •Second level •Third level •Fourth level •Fifth level Click to edit Master title style Click to edit Master subtitle style • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Whether this is your first or hundredth time roller-skating, CalSkate provides fun family entertainment for all ages and skill levels. Spend hours of fun and excitemet playing our selection of arcade games. 707.585.0500 | calskate.com CAL SKATE4 Fundemonium is more than just a toy, hobby, and game store; it’s a family fun experience, where families and hobby enthusiasts of all ages can meet and play. 707.800.4060 | fundemoniumtoys.com FUNDEMONIUM5 Our bowling center is the largest and most modern in the North Bay, featuring 50 state-of-the-art lanes with bum- pers and automatic scoring. 707. 585.0226 | doubledeckerlanes.com DOUBLE DECKER LANES6 The ultimate LEGO experience - enjoy a Lego workshop, or shop their massive collection of bricks. Get lost in imagination. 707.575.4888 | thebrickhutt.com THE BRICK HUTT7 Come catch some air in a massive combina- tion jumper with 75 interconnected trampoline beds, a 4-lane foam pit, 4-lane basketball slam, tram- poline dodgeball, our Ninja Warrior obstacle course for adults and kids. 707.416.4445 | rebounderzrohnertpark.com 3 REBOUNDERZ Come experience firsthand European-style racing with the most sophisticated electric karts available today. There competition electric karts are fine tuned machines that have superb cornering and quicker acceleration than gas powered karts. 707. 585.3748 | drivenraceway.com 2 DRIVEN RACEWAY Scandia offers two award winning miniature golf courses. Both of their 18-hole courses feature ponds, fountains, and a variety of obstacles to overcome. When it’s fun your looking for, you’ve come to the right place. 707.585.6511 | scandiafunland.com 1 SCANDIA Staying in the heart of Sonoma Wine Country, you’re centrally positioned for fun and games. From bowling to bouncing (trampolines!), and paint ball to race cars, kids of all ages will enjoy exploring this family fun zone. Games — or should we say “gaming” — for adults is found at the popular Nevada-style casino. An afternoon of black jack, slots, and poker gives way to an evening of dinner, drinks, and entertainment. Or spend some time exploring Sonoma County’s craft brew scene — one pull of the tap at a time. Catch a concert or a play at two of the area’s premier venues. Take a hike and explore the surrounding beauty by bike or foot. Then snuggle down into your Wine Country hotel. And be ready to start fresh again tomorrow. Welcome to Rohnert Park. www.rpcity.org/visitrohnertpark In the heart of Sonoma Wine Country, Graton Resort & Casino is California’s newest resort destination. Expe- rience incredible gaming action, great dining and live entertainment nightly. 707.588.7100 | GratonResortCasino.com 10 GRATON RESORT & CASINO Established in 1995, the Norgrove family invites you to come and discover their diverse menu, family friendly atmosphere and more than 14 freshly brewed beers on tap. 707.894.2722 | bearrepublic.com 9 BEAR REPUBLIC A cultural gem, now in its twenty-second year, the Per- forming Arts Center continues to present award-winning theatre, music, and dance. Come and delight your senses. 707.588.3400 | rpcity.org/spreckels.com 11 SPRECKELS PERFORMING ARTS CENTER With two 18-hole championship golf courses in the heart of the Wine Country, Foxtail Golf Club offers the perfect location for your next golf tournament, banquet or event. 707.584.7766 | playfoxtail.com 12 FOXTAIL GOLF COURSE Nestled in the picturesque foothills of Northern Califor- nia, the Green Music Center (GMC) is a focal point for year-round programming of premiere classical, contem- porary, jazz, chamber, and world music artists in concert. 866.955.6040 | gmc.sonoma.edu GREEN MUSIC CENTER13 June North Coast Wine and Food Festival 90 Gold-Medal wines. 20 amazing chefs. 1 extraordinary event. www.northcoastwineandfood.com July Fireworks Spectacular with Special Guest and the Santa Rosa Symphony Family-friendly festive concert followed by fireworks. The GMC’s Annual Bluegrass Festival A star-studded event featuring a who’s-who in bluegrass music. gmc.sonoma.edu August Sonoma County Blues and Arts Festival A pop-up festival filled with Sonoma grown blues and a beautifully curated fine art gallery. www.somoconcerts.com September Sonoma Wine Country Weekend: More than 200 wineries will pour thousands of wines, and over 60 local chefs whip up divine pairings. sonomawinecountryweekend.com Annual Events The SOMO Village Event Center hosts public and private events. SOMO Concerts hosts seasonal outdoor festivals with live music, local food, and artisans. 707.795.3550 | somovillage.com/events/ 8 SONOMA MOUNTAIN VILLAGE SOMO EntertainmentSURROUND YOURSELF IN ITEM NO. 10 1 Meeting Date: November 14, 2017 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Discussion and Direction on an Amendment to the Franchise Agreement with Rohnert Park Disposal for Refuse, Recycling, Compost Materials, and Street Sweeping, including a Rate Increase RECOMMENDED ACTION: Staff is requesting that the City Council provide direction on contract amendment and a rate increase for the City’s current franchise agreement with Rohnert Park Disposal, Inc. (“RPD”) for Refuse, Recycling, Compost Materials, and Street Sweeping. The proposed amendment includes a rate increase in accordance with current contractual requirements and supported by a detailed rate review. BACKGROUND: The City entered into a franchise agreement with RPD for a variety of solid waste hauling and other services in 2001. This contract has been amended and restated numerous times since then to, among other things, extend the term, add portable toilet service at City parks, require road impact mitigation to the City, require RPD to accept billing and rate setting responsibilities, and implement a methodology for rate adjustments. The most recent amendment took effect on January 1, 2013. The current contract with RPD expires on June 30, 2020. There is an option for a five-year extension if requested by RPD and if the City determines RPD is in compliance with the minimum performance and diversion requirements in the contract. Proposed changes to the contract have been necessitated by several factors. Since the last amendment, the City’s need for services has changed. Additionally, there have been considerable changes in solid waste management in the county which affect the City and this contract. Also, the current contract allows for RPD to request a detailed review of rates every three years, which was recently completed. Each of these factors is reflected in the proposed contract amendments. A solid waste consulting firm, R3 Consulting Group, Inc., has provided staff with substantial technical assistance in developing this amendment. One of the most recent developments is that Recology, Inc. intends to purchase the assets of RPD, and has requested that the City assign the contract to them. Staff and consultants have analyzed that request and are recommending approval in a separate agenda item. In anticipation of that possibility, staff have consulted with RPD and Recology, Inc. on the proposed contract changes. 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. 10 2 ANALYSIS: The key proposed changes include the following: 1. Battery collection and recycling: Residents may drop off batteries at a variety of City locations. Currently, Rohnert Park Disposal collects the batteries and delivers them to the City’s Corporation Yard, where they are stored until picked up for transportation to a recycling facility by another hauler. The proposed changes would eliminate the delivery and storage of batteries at the Corporation Yard. RPD would collect the batteries and transport them for recycling to an appropriate hazardous waste facility, such as the site operated under contract by the Sonoma County Waste Management Agency at the Central Landfill. 2. Street sweeping: The contract currently requires street sweeping to occur weekly. Some parts of the City could benefit from more frequent sweeping, particularly in the fall. The proposed changes would allow for that. The changes also alter the sweeping schedule so that sweeping will occur the day after garbage is picked up, which should be more effective. Additionally, the debris from street sweeping is currently dropped off at the City’s Corporation Yard, which is not an ideal site for a variety of reasons. The proposed contract changes would eliminate the use of the Yard for this purpose, with the debris hauled directly to the Central Landfill. Because of the additional travel time, RPD would need to add sweeper capacity, which will result in a 0.69% rate increase. 3. Public education funding: The contract currently includes a requirement that the City budget $25,000 for public education; the proposed amendment removes this requirement. Staff believe public education is sufficient without this funding. 4. Service at City facilities and events: The current contract includes the provision of portable toilets at the City parks. This service will be eliminated as the City re-opens our park restrooms. Additionally, service at City cans in parks will increase from two to three times per week, including adding sites for pick-up, and updating the schedule of City events to include the Second Sunday Fun Series and the Farmers Market. 5. Replacing Vehicles: The proposed amendment requires that the contractor’s vehicles that serve Rohnert Park be replaced with new vehicles by December 31, 2018. Existing vehicles have largely reached the end of their useful life. The rate review, outlined in more detail in item 7 below, was predicated on replacing the existing split-body trucks with new split-body trucks, and not making any changes to residential routing. If the vehicle types are changed, there may be a difference in cost of services going forward, effects on residential routing, and a greater impact on the City’s roads by increasing the number of stops at each residential account from 2 times per week to 3 times per week. Non-split body trucks (i) have a lower capital cost and lower operating cost, and (ii) allow for maxim load weights and greater efficiency in route collection (more collections per route). 6. New Services: The proposed changes would require that RPD collect source separated food waste from commercial businesses. This is a service required to comply with AB 1826 and with the City’s commitments under the Waste Delivery Agreement with Republic Services of Sonoma County, Inc. (“Republic”). The current contract only requires collection of compostable green materials. ITEM NO. 10 3 RPD will also be required to process dry mixed waste from commercial businesses, which involves separating mixed recyclables from refuse with the intention of diversion prior to disposal in the landfill. This change also addresses a commitment under the City’s Waste Delivery Agreement with Republic, now that the pre-requisite processing facility began operating in July 2017. 7. Rate Increase: The current contract allows for an annual rate adjustment based on the percentage change in the annual average of the refuse rate index numbers including labor, fuel, vehicle replacement, vehicle maintenance, processing and disposal fees, and consumer price index. Additionally, it allows RPD to request a detailed review of rates every three years, whereby all costs of service are reviewed. RPD requested and the City (via R3 Consulting) recently completed the rate review. The review found that a rate increase is justified based on the actual costs of operations and the need to replace existing vehicles; of the 19.33% increase, 8% is due to the replacement of vehicles. Current rates have been outpaced by increasing operating costs and fees. The increase is based on a clear and well-organized rate application, with generally reasonable assumptions and projections. R3 carefully reviewed the materials and data, and recommended a lower increase than initially requested. Because the contract allows for an increase after such review every three years, the increase is required by the contract and is not discretionary. Should the contractor not replace all of its vehicles, the City will impose liquidated damages under the contract. The proposed rate increase includes an additional 0.69% increase to allow for additional time needed for changes in street sweeping practices as a result of stricter regulatory requirements. The total proposed increase is 20.02%, with details shown in Table 1 below. Even with the proposed increases, rates for Rohnert Park would be below average when compared with other local jurisdictions, as set forth in Table 2. Table 1 below illustrates the dollar amount of the increase for different sizes of garbage cans. Table 2 compares the proposed higher rates with those of other local cities, including Santa Rosa and Windsor, which have recently approved new waste disposal contracts after competitive procurements. TABLE 1 CURRENT VS PROPOSED RESIDENTIAL RATE COMPARISON Cart Size (gal) 20 32 68 95 Rohnert Park Current Rate $ 8.71 $ 15.95 $ 24.93 $ 38.90 Rohnert Park Proposed Rate $10.45 $19.15 $29.92 $46.69 Percent of Residential Accounts 13 % 40 % 40 % 7 % Rate difference +$ 1.74 (+ 20.02%) +$ 3.20 (+ 20.02 %) +$ 4.99 (+ 20.02%) + $7.79 (+ 20.02 %) ITEM NO. 10 4 TABLE 2 CURRENT VS PROPOSED REGIONAL RATE COMPARISON JURISDICTION EFFECTIVE DATE 20-GAL 32-GAL 64*/68-GAL 95/96**-GAL Rohnert Park Proposed Rate TBD-Council Approval $10.45 $19.15 $29.92 $46.69 Cloverdale 10/1/2016 $15.72 $21.33 $33.26 $43.46 Cotati 4/1/2016 $9.80 $13.76 $36.08 $55.61 Healdsburg 4/1/2016 $11.28 $15.06 $21.73 $29.69 Novato Sanitary District 1/1/2016 $12.21 $19.53 $39.03 $58.57 Petaluma 7/1/2017 $9.75 $17.26 $32.73 $53.99 Rohnert Park (Current) 4/1/2017 $8.71 $15.95 $24.93 $38.90 Santa Rosa 1/1/2018 $ 23.56 $ 27.05 $ 41.11 $ 64.77 Sebastopol 4/1/2016 $11.37 $19.81 $35.85 $59.95 Windsor Rate 10/1/2017 $17.88 $24.00 $38.00 $59.00 Average $13.36 $19.31 $33.64 $51.55 Proposed Rohnert Park vs. Average -21.8% -0.8% -11.0% -9.4% The proposed amendment also includes a variety of other changes which are more administrative in nature. For example, the changes ensure that this contract conforms with existing agreements and arrangements with Republic and the County to deliver solid waste to the Central Landfill, and re-organizes the contract to make it easier to work with. ALIGNMENT WITH STRATEGIC PLAN: Providing solid waste services is a core City service. The new contract will improve the level of service, consistent with the Strategic Plan goal of ensuring the effective delivery of public services. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends that the City Council direct staff to proceed with the proposed recommendations for contract changes. The changes will improve ITEM NO. 10 5 services (such as increased service at City facilities), help ensure environmental compliance (such as with better street sweeping practices), and ensure the City complies with relevant contractual requirements (as with the rate increases). 2. Alternative: Staff considered numerous alternative changes to the existing contract, but did not recommend them because the recommended changes best meet the City’s service needs and legal requirements. FISCAL IMPACT/FUNDING SOURCE: The increased rates will result in increased revenue for the hauling services. The City receives a percentage of the revenue as franchise fees, which was approximately $1.6 million in 2016. An increase in rates will increase those fees by approximately $330,000/year. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: September 28, 2017 City Manager Approval Date: October 3, 2017 Attachments (list in packet assembly order): Rohnert Park City Council Solid Waste Contract Changes Discussion and Direction PRESENTATION TO: November 14, 2017 SLIDE 1 Proposed Amendments to RPD Contract Original agreement dated May 29, 2001 Changes in service area since inception: Waste Delivery Agreement and landfill changes Zero waste planning and program City is no longer responsible for billing customers Legislative updates Detailed rate review Overall organization and details needed Incorporate best management practices and recent legislation Public education requirements Reporting requirements SLIDE 2 Proposed Amendments to RPD Contract Battery Collection and Recycling Street Sweeping Redirect street sweeping waste from City corporation yard Change route dates to day after collection Add reporting requirement per RWQCB requirements Remove City-funded public education leftover from City-run billing system SLIDE 3 Proposed Amendments to RPD Contract Reducing park port-a-potties Increase collection from City cans in the parks (3x/week) Updating major City-sponsored events Require replacing current fleet with new vehicles by December 31, 2018 New source separated commercial food scrap collection services New commercial dry mixed waste processing SLIDE 4 Detailed Rate Review Total proposed increase 20.02% 19.33% rate increase •Funding for new vehicles (8% of the total 19.33% calculated rate increase) •Rates have been outpaced by increasing operating costs and fees Additional 0.69% increase as result of stricter street sweeping regulations CURRENT RESIDENTIAL RATES VS. CALCULATED RATE INCREASE 20 Gallon 32 Gallon 64 Gallon 96 Gallon Current Rates $8.71 $15.95 $24.93 $38.90 Proposed Rates $10.45 $19.15 $29.92 $46.69 $ Increase from Current Rates $1.74 $3.20 $4.99 $7.79 SLIDE 5 Sonoma County Rate Comparison Residential Collection Service Rates Jurisdiction Hauler Date of Last Rate Increase Cart size 20 Gallon 32 Gallon 64 Gallon 96 Gallon Cloverdale The Ratto Group 10/1/2016 $15.72 $21.33 $33.26 $43.46 Cotati The Ratto Group 4/1/2016 $9.80 $13.76 $36.08 $55.61 Healdsburg The Ratto Group 4/1/2016 $11.28 $15.06 $21.73 $29.69 Novato The Ratto Group 1/1/2016 $12.21 $19.53 $39.03 $58.57 Petaluma The Ratto Group 7/1/2017 $9.75 $17.26 $32.73 $53.99 Rohnert Park (Current)The Ratto Group 4/1/2017 $8.71 $15.95 $24.93 $38.90 Santa Rosa The Ratto Group 1/1/2018 $ 23.56 $ 27.05 $ 41.11 $ 64.77 Sebastopol The Ratto Group 4/1/2016 $11.37 $19.81 $35.85 $59.95 Windsor SCRR 10/1/2017 $17.88 $24.00 $38.00 $59.00 Rohnert Park (Proposed)The Ratto Group TBD $10.45 $19.15 $29.92 $46.69 Current Average $13.36 $19.31 $33.64 $51.55 Proposed Rohnert Park vs. Current Average -21.8%-0.8%-11.0%-9.4% ITEM NO. 11 1 Meeting Date: November 14, 2017 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Discussion and Direction on Assignment of the Franchise Agreement with Rohnert Park Disposal for Refuse, Recycling, Compost Materials, and Street Sweeping to Recology Sonoma Marin RECOMMENDED ACTION: Provide direction on the proposed assignment of the City’s franchise agreement with Rohnert Park Disposal, Inc. (“RPD”) for Refuse, Recycling, Compost Materials, and Street Sweeping (“Franchise Agreement”) to Recology Sonoma Marin, a wholly owned subsidiary of Recology Inc. (“Recology”). BACKGROUND: The City entered into a Franchise Agreement with RPD for a variety of solid waste hauling and other services in 2001. On August 25, 2017, the City received a request from RPD to assign the Franchise Agreement to Recology, Inc. RPD is owned by The Ratto Group (“TRG”). TRG and Recology have entered into an Asset Purchase Agreement (“APA”) that involves Recology acquiring substantially all of the assets owned by TRG, including the City’s Franchise Agreement as well as all equipment and facilities currently used by TRG to perform services for the City and other agencies in Sonoma and Marin Counties. Unlike a stock purchase, wherein the entire company would be purchased, and operations taken over under a new name, this asset purchase would effectively render TRG without assets to provide services, as those assets would become the property of Recology. Besides the Franchise Agreement with Rohnert Park, TRG operates a number of subsidiary companies which have solid waste franchises with various jurisdictions in Sonoma County. Based on the present understanding of the arrangement between TRG and Recology, the APA includes a condition that all jurisdictions must provide consent to the assignment of their respective franchises before the transfers under the APA take effect. A solid waste consulting firm, R3, was engaged to conduct a due diligence review of the fitness of Recology on behalf of cities, town, counties, and other agencies holding solid waste collection franchise agreements with the various subsidiary companies of TRG in order to evaluate the proposed assignment. This review included an assessment of:  Assignment provisions and other requirements of available agreements;  Financial and operational information provided by TRG and Recology, and recommendation regarding the appropriateness of assignment based on R3’s review; and Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 11 2  Likely effects of any assignment on rates and services for individual agencies. ANALYSIS: Section 12.6 of the Franchise Agreement requires RPD provide the City with the following for the City to consider an assignment:  Most recent 3 years of audited financials of the proposed assignee’s operations;  Demonstrated proof of proposed assignee’s technical capability to perform franchised services;  Evidence that the proposed assignee has more than 10 years of solid waste collection experience;  Evidence that the proposed assignee operates in an environmentally safe and conscientious fashion, and conducts refuse management practices in full compliance with federal, state, and local laws;  Payment of all costs incurred by City to consider and execute an assignment by hauler; and  No increase in costs to the services provided of any kind resulting directly or indirectly from the assignment or the acquisition of RPD. R3 found that Recology’s operational experiences qualify the company to provide services under the City’s agreement, and that Recology’s financial resources appear sufficient to meet the obligations of the City’s agreement, including vehicle and equipment capital replacements planned for 2018. R3 was not able to review the APA as TRG and Recology stated that the APA is confidential and would not be provided for review. As a result, R3’s global review of the fitness of Recology was limited to a review of the vehicle and facility assets subject to the APA, and financial and operational documents provided by Recology as they relate to Recology’s ability to perform services for the City under the Franchise Agreement. Overall, from an operational and financial perspective, R3 finds that Recology is qualified to perform services required by the Franchise Agreement. ALIGNMENT WITH STRATEGIC PLAN: Providing solid waste services is a core City service. Assignment of the contract will improve the level of service, consistent with the Strategic Plan goal of ensuring the effective delivery of public services. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends that the City Council direct staff to proceed with the proposed assignment. The changes will improve services and help ensure environmental compliance. 2. Alternative 1: Require RPD to continue service. FISCAL IMPACT/FUNDING SOURCE: There is no direct cost to the City for the recommended changes. The Franchise Agreement requires all costs incurred by the City to consider and complete any assignment to be covered by RPD. ITEM NO. 11 3 Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: November 6, 2017 City Manager Approval Date: November 9, 2017 Attachments (list in packet assembly order): Rohnert Park City Council Solid Waste Contract Assignment Discussion and Direction PRESENTATION TO: November 14, 2017 SLIDE 1 Request by The Ratto Group’s (TRG) and Recology includes assignment of agreements with cities, towns, counties and SCWMA to Recology R3 is conducting a review of the fitness of Recology: Assignment provisions and other requirements of agreements Financial and operational information Findings of the appropriateness of assignment Potential effects of assignment on rates and services for individual agencies Recology’s Request for Consent to Assignment SLIDE 2 Consent to Assignments Status to Date Assignments to Recology to date include: Bolinas Point Arena Novato Sanitary District Assignments scheduled for consideration in November: Healdsburg Rohnert Park Assignments to be scheduled for consideration: Cloverdale Cotati Marin County Sebastopol Stinson Beach SCWMA Sonoma County Petaluma Santa Rosa SLIDE 3 What is the Asset Purchase Agreement? Purchase all assets used by TRG to perform its contractual obligations under current agreements All permits All franchise agreements All other agreements (i.e., transport, E-waste) All equipment (i.e., carts, containers, software) All motor vehicles All materials handling equipment All real property used in the business SLIDE 4 What is the Assignment? Transfer of an agreement’s obligations and benefits from one party to another TRG will no longer be able to perform under the agreements because TRG will no longer possess assets needed to perform services SLIDE 5 Findings and Recommendation From an operational and financial perspective, R3 finds Recology qualified to perform services required by the Franchise Agreement TRG/Recology are covering the costs incurred by City to consider assignment application No rate increase resulting from the assignment Proceed with proposed assignment to improve service and help ensure environmental compliance ITEM NO. 12 1 Meeting Date: November 14, 2017 Department: Public Works & Community Services Submitted By: John McArthur, Director of Public Works and Community Services Agenda Title: Consider Options for a Potential Future Skate Park in Rohnert Park RECOMMENDED ACTION: Provide direction to staff on potential future skate park options in Rohnert Park. BACKGROUND: Compared to other Northern California cities, Rohnert Park has a large amount of acreage dedicated to parks which includes a variety of unique recreation, health and fitness amenities. The City’s abundant parks and recreation facilities contribute to the connectivity, character, health and culture of the community. However, the City’s extensive parks and recreation portfolio does not include a skate park or skate feature. In the near future, it is anticipated that the Five Creek Development will include a park with a modest skate feature. Currently, the nearest skate parks can be found in neighboring Sonoma County cities. The potential to add a skate park has been discussed for several years. The original (2008) and updated (2016) Parks and Recreation Facilities Master Plan lists a skate park as a desired future amenity. Accordingly, as a first step to determine the feasibility of a skate park, the City’s 2017 Strategic Plan includes an action plan item to explore the potential for a future skate park in Rohnert Park. The following skate park design alternatives analysis is intended to provide clarity on types of skate parks as well as suitable locations within the City of Rohnert Park. ANALYSIS: A skate park is an athletic facility designed and constructed specifically for skateboarders, in-line skaters and possibly freestyle BMX (bicycle motocross) riders. A well designed and appropriately located skate park offers a place to congregate, relax and perform skating skills in a safe environment and would be a significant addition to the City’s recreation portfolio. Skate Park Design Alternatives and Considerations There are multiple skate park design alternatives ranging from an expensive cast-in-place concrete structure to a lower-cost park with prefabricated modular elements that could be installed on existing infrastructure. Each skate park alternative has its own set of advantages, disadvantages and design considerations. Capital cost, maintenance and replacement cost, and future customization capability should be considered when selecting a skate park alternative. Other complimentary amenities that should be considered include fencing, lighting and seating areas. Fencing is not essential, but would be a desired amenity in a larger, full scale park. Incorporating fencing into the design can serve as a barrier against loiterers, vandals, and those 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. 12 2 who may seek entry into the park after hours. Fencing also keeps the park self-contained and prevents a loose skateboard from escaping the area. Although not required, lighting is also another desired feature for a skate park. Aside from making the park available for use after daylight hours (if so desired), lighting provides a layer of security for after-hours monitoring. Seating areas are also not essential, but would provide an area for skaters to rest as well as family members to observe. Cast-in-Place Concrete Skate Park A cast-in-place concrete park is a permanent and virtually maintenance-free skate park alternative and is the most popular choice amongst skaters. Concrete parks can be custom designed based on the community’s needs, but should include a blend of features that could be used by both beginners and advanced skaters. In addition to specific customization, concrete parks should contain certain fundamental features, like ledges, banked turns and a transitional element such as a bowl or quarter pipe. Ledges are specifically important because they're a feature that serves both beginners and advance skaters equally. However, despite their popularity, long life cycle, and low maintenance costs, concrete parks are the most expensive to build. Depending upon the park features and excluding amenities such as fencing and lighting, cast-in-place skate parks will cost between $25 and $35 per square foot. Generally speaking, a 15,000 square foot park could serve 100 skaters simultaneously and could be designed to meet all skill levels. The “all-in” cost, including concrete structure, fencing and lighting could cost between $750,000 and $1,200,000 depending upon the features and complexity of the park. Operating costs for a cast-in-place skate park are minimal. The most common maintenance issue experienced by other cities is graffiti vandalism. Many cities have adopted policies whereby the park is closed for a period of time in the event of vandalism. This approach has proven to be effective in deterring vandalism as skaters help “police” the activity of their counterparts so that the park isn’t closed. Once constructed, cast in place skate parks are not readily customizable in the future. The risk of constructing a permanent structure is that future trends and new skate park features could not be reasonably be added without committing to a significant capital project. The possibility therefore exists that the park could become unpopular with future skaters. Prefabricated Modular Skate Park Another skate park option would be to install multiple modular components on a flat surface, either concrete or asphalt with a surface treatment. Modular prefabricated skate features are made from wood, steel, concrete, or high density polyethylene (hdpe). The modular components would need to be installed on a smooth flat surface. Concrete would provide an ideal surface; however, asphalt with a thin hard surface coating such as that used in treating tennis courts could suffice. A 15,000 square foot 4-inch thick concrete pad would cost approximately $220,000 (construction cost only). Fencing and lighting would be an additional cost. Depending on the number and types of individual skate units selected, the modular park element could cost approximately $150,000. The total cost of a well-equipped modular park constructed on undeveloped land would be approximately $350,000 to $400,000. A less expensive alternative would be to install a modular park on an asphalt pad with a smooth surface treatment, this would reduce the construction cost by about $100,000. However, the maintenance costs with a treated asphalt ITEM NO. 12 3 surface would be much higher as the surface coating would have to be reapplied fairly frequently. Prefabricated Mini Skate Parks A prefabricated mini skate park would consist of one or two prefabricated modular units, but would be on a much smaller scale than the pre-cast and full scale modular parks mentioned above. The skate feature included in the Five Creek Park design would be considered a mini skate park. The construction cost for a mini skate park would be proportionally lower than a full scale prefabricated modular skate park. Skate Park Design Summary Cast-in-place concrete skate parks are preferred by skateboarders and generally offer more advantages than prefabricated modular parks. However, despite their advantages, cast-in-place parks are significantly more expensive to construct. Prefabricated modular parks are a lower cost alternative that can serve as an enjoyable community skate park. The City would need to include maintenance and replacement expenses in future operating budgets if this option were selected. The mini park offers a great deal of flexibility in selecting a location as they are much smaller and require less supporting infrastructure. Due to their relatively low cost and small footprint, the City could elect to install multiple mini parks at different ends of the City. The following table summarizes the major decision-making elements for the skate park alternatives discussed above. Table 1 – Design Alternative Summary SKATE PARK TYPE CAPITAL COST MAINTENANCE COST LIFE CYCLE (YRS)* FUTURE CUSTOMIZATION ** CAST-IN- PLACE Highest Lowest Longest Lowest PRE-FAB MODULAR Moderate Highest Low High PRE-FAB MINI Lowest Moderate Low High * Prefabricated skate park elements have limited life cycle, replacement funds should be set aside. ** Prefabricated skate park elements can be changed at any time. Skate Park Location Considerations Staff has identified multiple City owned locations that could support either type (cast-in-place or prefabricated modular) of skate park including: Community Center Complex (vacant lot east of the Performing Arts Center), Alicia Park former pool site, Sunrise Park, Alicia Park soccer courts, Gold Ridge Recreation Center. Factors in selecting a suitable location include community access, noise, visibility, and complimentary and existing amenities. • Community Access – considers centralization (location in City) and accessibility to as many residents as possible; a neighborhood park would not provide the highest access. ITEM NO. 12 4 Other considerations include locations near schools or other recreation centers and access methods such as by street, pathway or through an existing facility. • Noise – skate parks can generate large crowds and can be noisy. Locations near housing could generate complaints. • Visibility – ideally, the skate park would be highly visible to traffic, patrol vehicles, and pedestrians. Poor visibility could lead to loitering and vandalism. • Complimentary and Existing Amenities – includes parking, existing paved surfaces, restrooms, lighting, fencing, and seating areas. Community Center Complex – The vacant lot east of the Performing Arts Center (PAC) parking lot facing Snyder Lane could support a large scale skate park (Attachment 1). This lot is undeveloped and other than parking and nearby restrooms, there are no existing amenities. The location is near a creek path, school, and a recreation center. Noise would not be a factor as there are no nearby homes and the visibility is very good as the property fronts Snyder Lane. Alicia Park Former Pool Site – This location could accommodate a large scale park (Attachment 2). There is existing parking and the fencing around the former pool site is still in place and could be repurposed. The pool building is planned to be demolished which would improve the visibility. Noise could be a problem as this location is across the street from housing units. Access would be consistent with existing access to the neighborhood park. A community skate park at this location would not be the most accessible to residents in other sections of the City and could also overburden this neighborhood with too many visitors. Alicia Park Soccer Courts – The soccer courts were converted from two tennis courts several years ago. This location could accommodate a full scale or a mini prefabricated modular skate park (Attachment 3). There is existing parking, fencing, and lighting. The existing surface could also be rehabilitated to accommodate skaters. Visibility is good and there is a restroom nearby. Noise could be an issue for nearby housing residents. Similar to the former pool site, this location is not centrally located and the park could be overburdened with visitors from other areas in the City. Gold Ridge Recreation Center – The former school yard area could be converted into either type (cast-in-place or prefabricated modular) of skate park (Attachment 4). Parking could be accommodated on site or at Golis Park. Restrooms are nearby at Golis Park. If desired, lighting and fencing would have to be added. Visibility from the street is compromised by existing buildings. This location could serve the northern areas of the City well, but may be too isolated for residents from other sections. Skate Park Location Summary From this initial analysis, it appears that the vacant lot east of the PAC at the Community Center Complex would best serve the most residents and offer the most advantages compared to other identified locations. This location has the best visibility which is very important to deter vandalism and other undesirable behavior. Additionally, there is plenty of parking, no noise issues and the location is accessible by sidewalk, creek path and from the Community Center Complex. The other locations identified in this report would serve their respective neighborhoods well and could be good candidate for smaller features on scale with a neighborhood park. Each ITEM NO. 12 5 neighborhood location has potential noise, parking and security concerns. The following table summarizes the major decision-making elements for selecting a skate park location. Table 2 – Skate Park Location Considerations Summary LOCATION ACCESS VISIBILITY NOISE IMPACTS PARKING & RESTROOMS LIGHTING & FENCING COMMUNITY CENTER COMPLEX Highest Highest Lowest Highest Lowest ALICIA PARK POOL SITE Low Moderate Moderate High High ALICIA PARK SOCCER Low Good Moderate High Highest GOLD RIDGE Lowest Lowest Highest Lowest Low OPTIONS AND NEXT STEPS: This report is intended to provide an initial feasibility analysis for providing direction on the first steps in planning and building a future skate park in Rohnert Park. There are multiple options for City Council consideration. Option 1: Select the Community Center Complex vacant lot east of the Performing Arts Center as the future skate park location. Selecting a location at this time would allow staff to focus a more in-depth analysis at one location. Staff recommends this option. Upon selecting this location, staff recommends performing the following steps in selecting and planning a skate park. 1. Currently, there is no funding source to proceed with the first phase of this option which includes a thorough site analysis. Upon establishing a funding source, staff would conduct a detailed site assessment and analysis of skate park design alternatives for this location. This analysis would include initial park layouts, site plans, and cost estimates for each alternative described in this report. Public input would be included in this phase. The initial site analysis could cost between $25,000 and $40,000. 2. Select a skate park option, provide additional funding for design, and begin design phase. 3. Seek public input on the design, particularly from youth through an extensive public outreach campaign and complete design phase. 4. Fund and begin construction phase. ITEM NO. 12 6 Option 2: Do not select a location and conduct further analysis on all skate park options at each, or additional locations. Staff does not recommend this option because the analysis would be very expensive and focus more resources on locations that, excluding a mini-park, do not appear to be feasible. Option 3: A location and type of skate park could be selected at this time; however, staff does not believe there is enough information to make an informed decision and proceed with funding and design. Also, if this option were selected, an opportunity to gather public input would be lost. Staff does not recommend this option. STRATEGIC PLAN ALIGNMENT: Exploring the potential for a Skate Park is in included in the 2017 Strategic Plan Action Plan in GOAL C1: Deliver the highest quality service in the most cost efficient manner with an emphasis on excellent customer service. FISCAL IMPACT/FUNDING SOURCE: Currently there is no dedicated funding source for adding a skate park in Rohnert Park. Conducting a detailed site assessment and skate park alternative analysis could cost between $25,000 and $40,000. Thorough and accurate project estimates would be obtained upon completing this analysis. Afterwards, the City Council would have sufficient and accurate information needed to consider funding the design and construction phase of the project. Department Head Approval Date: October 31, 2017 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: November 7, 2017 Attachments (list in packet assembly order): 1) Attachment 1: Community Center Complex 2) Attachment 2: Alicia Park Former Pool Site 3) Attachment 3: Alicia Park Soccer Courts 4) Attachment 4: Gold Ridge Recreation Center Attachment 1 Community Center Complex 500 ft N ➤➤ N © 2017 Google © 2017 Google © 2017 Google Attachment 2 Alicia Park Former Pool Site 500 ft N ➤➤ N © 2017 Google © 2017 Google © 2017 Google Attachment 3 Alicia Park Soccer Courts 500 ft N ➤➤ N © 2017 Google © 2017 Google © 2017 Google Attachment 4 Gold Ridge Recreation Center 500 ft N ➤➤ N © 2017 Google © 2017 Google © 2017 Google Consider Options for a Potential Future Skate Park in Rohnert Park November 14, 2017 Strategic Plan Goal Goal C –Ensure the effective Delivery of Public Services ◦#10 Explore potential to add skate park. Presentation Overview General Considerations Types of Skate Parks Possible Locations Recommendation ◦Funding and Next Steps General Considerations Appeal to broad age groups ◦Beginner ◦Advanced Involve youth in design Security / vandalism prevention ◦Lighting ◦Fencing ◦Visibility ◦Policies Types of Skate Parks: 1. Cast-in-place Types of Skate Parks: 1. Cast-in-place Pat Elsbree Skate Park Windsor, CA Types of Skate Parks: 1. Cast-in-place Carson Warner Memorial Skatepark Healdsburg, CA Types of Skate Parks: 1. Cast-in-place The skater’s choice 15,000 sq. ft. –recommended size ◦Accommodate 100 skaters ◦Advanced and beginner features Suitable for Community Park Types of Skate Parks: 1. Cast-in-place $25 –$35/ sq. ft. Total Cost: $750,000 -$1,200,000 Long life cycle Low maintenance costs Difficult to customize in future Types of Skate Parks: 2. Full Scale Prefabricated Modular High density polyethylene (hdpe) Types of Skate Parks: 2. Full Scale Prefabricated Modular Material options: ◦Wood ◦Steel ◦Concrete ◦High density polyethylene (hdpe) Need level, smooth surface Total Cost: $350,000 -$400,000 Suitable for Community Park Lower life cycle/ High maintenance costs Simple to customize in future Types of Skate Parks: 3. Prefabricated Mini Skate Parks Types of Skate Parks: 3. Prefabricated Mini Skate Parks Similar to full scale prefabricated modular –but much smaller Cost proportionally less Suitable for neighborhood parks Simple to customize in future 1. Cast-in-place 2. Full Scale Pre-fab Modular 3. Mini Pre-fab Modular Capital Cost Highest Moderate Lowest Maintenance Cost Lowest Highest Moderate Life Cycle (years)*Longest Low Low Future Customization**Lowest High High Noise Lowest High High Types of Skate Parks Summary * Prefabricated skate park elements have limited life cycle, replacement funds should be set aside. ** Prefabricated skate park elements can be changed at any time. Skate Park Location Options: 1. Community Center Complex Skate Park Location Options: 1. Community Center Complex Lot is currently not being used Can accommodate full scale park Central location and ease of access High visibility Minimal noise concerns Ample parking & restrooms nearby Lighting & fencing may be added Near schools Skate Park Location Options: 2. Alicia Park Former Pool Site Skate Park Location Options: 2. Alicia Park Former Pool Site Can accommodate full scale park Non-central location / lower accessibility Moderate visibility Moderate noise –nearby housing Parking & restrooms nearby Fencing present / lighting could be added Skate Park Location Options: 3. Alicia Park Soccer Courts Skate Park Location Options: 3. Alicia Park Soccer Courts Could accommodate moderate size park Would lose existing soccer courts Non-central location / lower accessibility Good visibility Moderate noise –nearby housing Parking & restrooms nearby Lighting & fencing present Skate Park Location Options: 4. Gold Ridge Recreation Center Skate Park Location Options: 4. Gold Ridge Recreation Center Could accommodate moderate size park Non-central location / lowest accessibility Lowest visibility Highest noise risk –nearby housing Parking & restrooms furthest away No lighting or fencing present 1. Community Center Complex 2. Alicia Park Pool Site 3. Alicia Park Soccer 4. Gold Ridge Access Highest Low Low Lowest Visibility Highest Moderate Good Lowest Noise Impacts Lowest Moderate Moderate Highest Parking & Restrooms Highest High High Lowest Lighting & Fencing Lowest High Highest Low Skate Park Location Options Recommendation Select the Community Center Complex vacant lot east of the PAC. Study skate park options further ◦Next steps: need funding to proceed Detailed site assessment and analysis Determine accurate cost estimates Fund design & construction at a later date Public Outreach ITEM NO. 13 1 Meeting Date: November 14, 2017 Department: Public Works & Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Cindy Bagley, Community Services Manager Agenda Title: Discussion and Direction regarding Bocce Ball courts at the Community Center RECOMMENDATION: Review options for outdoor bocce ball courts at the Rohnert Park Community Center and provide staff with direction regarding the location, surface, and quanity of Bocce Courts. BACKGROUND: Bocce ball can be played with 2 players (1 per side), 4 players (2 per side), 6 players (3 per side), or 8 players (4 per side). Each side has 4 balls and there is one pallino for the game. The object of the game is to throw/roll the pallino into a zone on the opposite end of the court. From there each team gets the opportunity to throw/roll their bocce balls attempting to get closest to the pallino. The team with the closest ball to the pallino is the only one that can score points in any frame. The scoring team receives one point for each of their balls that is closer to the pallino than the closest ball of the other team. Bocce ball is not available as a recreational activity in the City of Rohnert Park. There are plans to add bocce ball courts as part of the “Five Creek” project, which includes a .65 acre park with two bocce courts. Building permits have not been issued for this project, so a specific timeframe regarding the availability of these courts to the public is yet to be determined. Other cities nearby with bocce ball courts include the City of Santa Rosa with a total of eight courts, the Town of Windsor with six courts, and the City of Petaluma with two courts. Rohnert Park residents wishing to participate in bocce ball would need to drive approximately eight miles to Julliard Park in Santa Rosa or up to 17 miles to Vintage Oaks Park in Windsor. Residents would need to drive approximately seven miles to Leghorn’s Park in Petaluma. Over the past year, the Parks and Recreation Commission have requested that staff research the ability to add bocce ball courts to a City park or facility. Bocce ball courts are also referenced as a desired future amenity in the Parks and Facilities Master Plan. The Strategic Action Plan 2017-2019 identified the goal of pursuing bocce ball courts at the Community Center within the first year of implementation of the plan, which ends December 31, 2017. There are no funds allocated in the FY 2017-18 budget for this amenity. 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. 13 2 ANALYSIS: According the United States Bocce Federation (USBF), the game of bocce must be played on a flat and perfectly leveled surface subdivided into courts enclosed by wooden planks or other non- metallic sides, 25cm high with a tolerance of plus or minus 2cm. The Strategic Action Plan 2017-2019 specifically referenced the Community Center as the desired location for bocce ball courts. This location allows the Callinan Sports and Fitness Center to serve as a location for patrons to check-out bocce balls during regular operating hours seven days a week. If the courts were located at any other park in the City, patrons would be required to provide their own equipment at all times. Bocce Ball Court Location, Number, Surface, and Covering Considerations There are multiple bocce ball considerations to address, including court location, number, surface material, and coverings. Each element of the bocce ball courts has its own set of advantages and disadvantages which are described below. 1). Location of Courts: There are multiple locations at the Community Center Complex for bocce ball courts (see Attachment: Map of Bocce Ball Court Options). Amenities such as parking availability, shade, and ease of access should be considered when selecting a bocce ball court location. Option 1a: Northwest lawn of the Callinan Sports and Fitness Center. This option is close to parking that would not greatly impact those parking for use at the Sports Center. It is also located near the pathway to the front doors of the Sports Center allowing for patrons to easily access the front desk should there be a desire to check out equipment. This location would not negatively impact any current special events held at the Community Center. Option 1b: Southwest lawn near the oak trees adjacent to the parking lot. This option provides shade and parking. It is further from the entrance to the Sports Center, which could be inconvenient to those needing to check out equipment. This location would not tremendously impact any current special events being held at the Community Center, but would cause a slight inconvenience as is used by Founder’s Day and Second Sunday Family Fun Series. Option 1c: South lawn next to and parallel to Community Services Coordinator’s office. This option provides the easiest access to the Sports Center, however, would also pose the highest inconvenience to many of the special events at the Community Center, especially Founder’s Day. It is also the furthest option from any parking areas at the complex. Option 1d: Center of the complex surrounding the art sculpture. This option would bring traffic to the center of the complex. It would provide easy access to both parking lots, and the Sports Center. This option would represent the highest cost for construction and could impact events taking place at the Community Center to include Founder’s Day and Project Graduation. This could also become a severe tripping hazard. ITEM NO. 13 3 2.) Number of Courts Each location above could have anywhere between one and four courts. Each court is approximately 87 feet long by 13 to 15 feet wide. Each court would cost between $20,000 and $40,000 depending on location, surface and installation. Cost savings could be recognized by installing more than one court through the order of bulk materials, equipment rentals, labor, etc. 3.) Surface of Courts According to the USBF, the court’s surface may consist of either natural ground or of synthetic materials. Agencies in the surrounding areas use: Option 3a: Oyster Shell Blend – This option is recommended and highly used for bocce surfaces for a couple of reasons. The first is to allow the ball to roll quickly and track straight while absorbing bounce. Another is the material requires minimal maintenance compared to other surfaces because it is made of small particles that allow that material to maintain its consistency in texture while providing maximum drainage. Option 3b: Decomposed Granite (DG) – This option would be the least expensive, but would require a higher level of maintenance as this surface is more difficult to keep level allowing the ball to roll straight, and unobstructed. DG is also made up of slightly larger particles than Oyster shell, therefore becoming more difficult to restore “flatness” to a dented court (from the throwing of the bocce ball). Option 3c: A combination of 3a and 3b – Combining oyster shell and decomposed granite could provide a lower cost option with a slight reduction in maintenance costs compared to either of the surface options on their own. Option 3d: Synthetic All-weather surface – Synthetic turf would represent the highest cost and would also require a concrete surface to install. While this option would provide the lowest maintenance over time. Table 1: Cost and Maintenance levels for Surface Options Cost Maintenance Oyster Shell Mid Mid Decomposed Granite Lowest Highest Synthetic Surface Highest Lowest The bocce ball courts may require a concrete surface underneath due to the adobe soil. 4.) Covering The courts could be covered or uncovered. Covering the courts would allow for year-around play, but would add a significant cost to the project. The surrounding cities with Bocce courts do not provide covers. ITEM NO. 13 4 OPTIONS CONSIDERED AND STAFF RECOMMENDATION: This report is intended to provide an analysis for providing direction on determining the location, number, surface, and covering of bocce ball courts at the Community Center Complex. At its special meeting on November 8, 2017, the Parks and Recreation Commission accepted staff recommendation for the following overall option for Bocce Ball Courts at the Community Center: Recommendation: Install two, uncovered bocce ball courts placed at the northwest end of the Sports Center lawn with an oyster shell surface. This recommendation would cost approximately $45,000 to $65,000. The Parks and Recreation Commission suggested the consideration of lighting and benches as additional ammenites to the courts. They also requested that the location selected be master planned to provide the opportunity to add additional courts in the future should the need or desire arise. Alternative Options: Select a different combination of location, number, surface, and covering of bocce ball courts at the Community Center Complex. STRATEGIC PLAN ALIGNMENT This recommendation is in line with Strategic Plan Goal C – Ensure the Effective Delivery of Public Services. FISCAL IMPACT/FUNDING SOURCE: No budget has been developed for constructing bocce ball courts. This can be considered along with other priorities when developing the budget for next fiscal year. Department Head Approval Date: November 1, 2017 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: November 2, 2017 Attachment: Map of Bocce Ball Court Options 500 ft N ➤➤ N © 2017 Google © 2017 Google © 2017 Google Goal C –Ensure the effective delivery of public services ◦#8 Pursue building bocce ball courts at the Community Center. 2 About Bocce Ball ◦Players ◦Equipment 3 Where you can play ◦Windsor ◦Santa Rosa ◦Petaluma 4 Court requirements ◦87 feet long by 13 to 15 feet wide Feasible Locations ◦Location 1: Callinan Sports and Fitness Center Lawn Option A -Northwest Option B -Southwest Option C -South ◦Location 2 : Community Center Courtyard Option A -Center of the Complex 5 6 7 Number of Courts (1) Approximate Cost: $25,000 to $40,000 8 Number of Courts (2) Approximate Cost: $45,00 to $65,000 9 Number of Courts (3) Approximate Cost: $65,000 to $90,000 10 Number of Courts (4) Approximate Cost: $85,000 to $120,000 Oyster Shell Blend Pros ◦Ball roll ◦Absorb bounce Cons ◦Moderate maintenance 11 12 Decomposed Granite Pros ◦Least Expensive Cons ◦Highest maintenance ◦Difficult to maintain “flatness” 13 Synthetic Pros ◦Least Maintenance Cons ◦Most expensive Court Surface Options 14 Bocce ball Oyster Shell Landscape fabric Base Rock Railroad Tie Option 3 –Court Surface 15 Court Surface Cost Maintenance Popularity Oyster Shell Mid Mid Highest Decomposed Granite Lowest Highest Lowest Synthetic Surface Highest Lowest Mid NOTE: The bocce ball courts may require a concrete surface underneath due to the adobe soil. Covering, lighting, benches 16 Two uncovered bocce courts with an oyster shell surface located on the Northwest lawn of the Callinan Sports and Fitness Center ◦Approximate Cost: $45,000 to $65,000 17 Any combination of: ◦Community Center Location ◦Court Number ◦Surface ◦Covering 18 19 Thank you! ITEM NO. 14 1 Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” Meeting Date: November 14, 2017 Department: Administration Submitted By: Darrin Jenkins, City Manager Agenda Title: Benicia Park Little League Field Naming RECOMMENDED ACTION: Consider request to name the Little League Baseball Field in Benicia Park “Rogers Field” in recognition of Jimmie W. Rogers. BACKGROUND: We received a request via two councilmembers to name the Little League Baseball Field at Benicia Park after Jimmie W. Rogers. The request includes a commemorative plaque stating: Best Friend to Rohnert Park Jimmie W. Rogers Rogers Field An outfield sign is also part of the acknowledgement. The sign may be incorporated into the scoreboard. DISCUSSION Jimmie Rogers was an early councilmember and mayor of Rohnert Park. He remained a community developer and leader for many years until his passing in 2008. Here is an excerpt from his obituary: Jimmie was Rohnert Park's best friend, his passion was Rohnert Park. He helped build most of the City and his clients donated park sites, school sites, golf courses and made Rohnert Park the wonderful town it is to raise a family and retire in. He was former Mayor and City Councilman, former Sonoma County Fair Board Director, former Rohnert Park Savings and Loan Board of Directors, Charter President Active 20-30 Club, member Sonoma State University President Associates, first recipient "Friend of the Ranch" Award and was a Sgt. 1st Class in the US Army Military Police serving in Korea. The City does not have a policy on naming sports fields. The Council protocols state the following: CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 14 2 If a request for dedication of a municipal building, room, or facility, is submitted, the request will be directed to the appropriate commission, board or committee for public hearing. If after the public hearing the commission board or committee recommends dedication to the Council, the Council will hold a public hearing prior to taking action on the dedication request. The Council should determine if the protocols use of the term “facility” is intended to apply to sports fields. If so, the Council should follow the protocols. If not, the Council could grant the request by minute order tonight or it could refer the item to the Park and Recreation Commission for their recommendation. As an aside, the CalRipken Baseball website already lists the field as Rogers Field @ B Park (see attached). FISCAL IMPACT The fiscal impact of naming the field is estimated at less than $2,000 for purchasing and mounting a bronze plaque. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: 11/7/2017 City Manager Approval Date: 11/7/2017 Attachments (list in packet assembly order): 1. Excerpt from City Council Protocols 2. Excerpt from Cal Ripken Website ITEM NO. 14 3 Attachment 1: Excerpt from City Council Protocols ITEM NO. 14 4 Attachment 2: Excerpt from Cal Ripken Website ITEM NO. 15 1 Meeting Date: November 14, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared by: Jeffrey S. Beiswenger, AICP, Planning Manager Agenda Title: Consideration of an ordinance amending Chapter 17.27, Signs of the Zoning Ordinance (Title 17 of the City of Rohnert Park Municipal Code) RECOMMENDED ACTION: Staff recommends that the City Council introduce an ordinance amending to Chapter 17.27 (Signs) of the Rohnert Park Municipal Code. BACKGROUND: 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 Rohnert Park Municipal Code). These provisions apply to all signs within the City unless listed as exempt by this chapter. Signs which are considered exempt in accordance with this chapter are allowed without a sign permit or sign approval in most cases provided that they otherwise comply with the City’s design guidelines and provisions of Chapter 17.27.050, Exempt Signs. Currently, temporary signs are codified under exempt signs and include “special event signs” which are defined as signs or banners that advertise and publicize special events to be held within Rohnert Park, including, but not limited to, civic events and special events, grand openings, religious services and athletic sign-ups, to name just a few. In order to clarify and update provisions and language as well as location of exempt sign placement for civic events and special events throughout the city, staff is proposing amendments to this section of the sign code to allow for a more enforceable sign code provision, to create additional flexibility for the more seasonal events and to establish alternative key sites for sign placement of all special event signage. Specifically, staff is proposing to include the lawn area on the north side of Rohnert Park Expressway between Lynne Conde Way and the SMART tracks as an allowable area for temporary signs between the months of November and February only. This will facilitate 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. 15 2 advertisement for community events only, such as the holiday lights event, while minimizing impacts of seasonal maintenance to the lawn area. (Figure 1) Additionally, to accommodate other civic organizational events throughout the year, for example, the Farmer’s Market and Performing Art Center performances, staff is also proposing placement of banners at the northeast corner of Lynne Conde Way and Rohnert Park Expressway. (Figure 2) . Figure 1 Figure 2 ITEM NO. 15 3 Lastly, due to recent roadway construction and development on the east and west side of the 101, two former designated banner placement sites for all other special events such as grand openings, athletics signups and the like are no longer available (west side of Commerce Boulevard/Golf Course Drive and southwest corner of Redwood Drive/Wilfred Avenue). Proposed new locations include (1) city owned parcel south side of Rohnert Park Expressway at Hinebaugh Creek and (2) vacant city parcel on Labath Avenue south of the Westside Pubic Safety Facility. (Figure 3) (1) (2) Figure 3 ITEM NO. 15 4 Changes to Chapter 17.27 - Signs The following changes are proposed within Chapter 17.27.050, Exempt signs, (J. Temporary Signs (6.) Special Event Signs). Detailed redlines of this section are also included as Exhibit A to Resolution 2017-26 attached to this report: 17.27.050 – J. Temporary Signs 6. Special Event Signs Special Event Signs. Signs or banners that advertise and publicize special events to be held within Rohnert Park are permitted, including, but not limited to, civic events and special events, grand openings, religious services and athletic sign-ups are permitted in accordance with the following standards or guidelines: a. A maximum of two special event signs not exceeding thirty-two square feet each, located on the property where the event is taking place; b. One banner for special events, for a civic or nonprofit organization may stretch across City Center Drive and/or Lynne Conde Way; c. Banners for community events, i.e., holiday lights event, may be displayed seasonally between the months of November and February only in the lawn area on the north side of Rohnert Park Expressway between Lynne Conde Way and the SMART tracks. d. Banners for other civic events, i.e., Farmer’s Market and Performing Art Center performances may be displayed at the northeast corner of Lynne Conde Way and Rohnert Park Expressway. e. Up to three banners for a civic or nonprofit organization not exceeding thirty-two square feet each and no more than one at each location for special events may be placed at the following locations: i. South side of Rohnert Park Expressway at Hinebaugh Creek; ii. West side of Commerce Boulevard, in the vicinity of Arlen Drive on the landscaped strip adjacent to Highway 101; iii. Northeast corner of E. Cotati Avenue at Snyder Lane; and iv. City parcel on Labath Avenue, south of the Westside Public Safety Facility location. f. The term the special event sign may be displayed shall not exceed fourteen consecutive days and more than four times in any calendar year. g. Two hundred dollars shall be deposited with the development services department to assure 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 refunded to the applicant. h. A list of the location of the special event signs or banners together with the required deposit shall be submitted to the development services department before the installation of the proposed signs or banners. i. The applicant shall submit to the development services department a list of names, addresses and telephone numbers of three responsible adults in the organization to whom the sign permit is issued. Rohnert Park Municipal, Chapter 17.27 (Signage Standards) were originally drafted in 1965. In 1997, the City Council adopted Ordinance No. 636 providing for the issuance of a permit for ITEM NO. 15 5 temporary signs or banners to advertise a special event sponsored by the City, charitable or non- profit organizations, currently codified under Chapter 17.27.050 Exempt Signs, (J. Temporary Signs (6.) Special Event Signs). Since then, in 2006 and 2014 respectively, minor edits and clarifications have been made to this section including limiting the placement of temporary signage to specific sites designated by the City. Exempt signs do not need to obtain a sign permit in most cases; however, the Development Services Department is authorized to issue a permit for the use and display of temporary signs or banners that advertise and publicize special events that include all Rohnert Park based organizations or organizations that are hosting an event in Rohnert Park. STAFF ANALYSIS In general terms, provisions of a Sign Code should succeed in a number of areas: • Protect the public from hazardous distractions and conditions. • Ensure that standards are fairly and equitably applied among various economic interests. • Provide measureable restrictions to sign dimensions and area to ensure proper scale and appearance. • Should be easy to read and universally interpreted, i.e., any two persons who read an ordinance should come to the same conclusion. The proposed amendments are consistent with this framework as well as the General Plan in that the amended Sign Ordinance will “promote designs that enhance the character of the community and minimize hazards.” The ordinance, as amended, would conscientiously appropriate temporary signage in a balanced, fair, and equitable manner and as such would minimize hazards associated with excessive and illegal signage. The amendments implement the General Plan Goals and Policies, as follows: 1. Goal CD-J relating to Neighborhoods and Focus areas, states a goal to, “Maintain the character of existing neighborhoods while undertaking streetscape and signage improvements in selected areas.” 2. Goal TR-A relating to the Street System, states a goal to, “Promote safe and efficient vehicular circulation throughout Rohnert Park.” The proposed amendments also uphold and are consistent with the Council goals and objectives: • Raising revenue. Discussion: An ordinance that provides for adequate signage, yet monitors the illegal signage will enhance the aesthetics of the city and improve the desirability to buy or lease a property in Rohnert Park; thereby increasing revenues. ITEM NO. 15 6 • Increase safety. Discussion: The proposed amendments include alternatives that will assist in cleaning up the visual distractions caused by illegal signs throughout the City of Rohnert Park. The overall intent of the proposed amendments is to improve the appearance and upkeep of temporary signage used throughout the community. The proposed sign provisions should also help reduce visually clutter that could result from the placement of numerous unregulated signs throughout the community. The proposed sign provisions help implement the General Plan and specifically implement the Goals and Policies listed above. ENVIRONMENTAL DETERMINATION The Planning Commission finds that the approval of the amendments is not a project subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly. Alternatively, the Planning Commission finds the approval of these amendments is exempt under CEQA Regulation Section 15061(b)(3) because it can be seen with certainty to have no potential for causing a significant effect on the environment STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community by implementing mandated programs. OPTIONS CONSIDERED: 1. Introduce the attached ordinance. Staff recommends this option because it allows for temporary signs to be placed at new locations to advertise community events. 2. The alternative to these code amendments are to take no action. 3. Introduce a revised ordinance. The Council could direct that staff return to the Council with a revised ordinance that permits different locations or different standards. Due to the limited time to adopt an ordinance, staff recommends taking a conservative approach at this stage. If alternatives are to be explored, they should be thoroughly studied and changes to the code can be made at a later date. FISCAL IMPACT/FUNDING SOURCE: Adopting the attached ordinance has minimal fiscal impact. ITEM NO. 15 7 Department Head Approval Date: 11/07/17 Finance Director Approval Date: N/A City Manager Approval Date: 11/07/17 City Attorney Approval Date: 11/07/17 Attachments (list in packet assembly order): 1. Ordinance No. 912 2. Additions and Strikeouts to Existing Ordinance Text ORDINANCE NO. 912 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING SECTION 17.27.050 OF CHAPTER 17.27 (SIGNS) OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No. PLMC17-0003 (“Application”) proposing to amend the Rohnert Park Municipal Code (“RPMC”) by amending Section 17.27.050.J – Temporary Signs of Chapter 17.27 (Signs); and WHEREAS, the proposed amendments to Chapter 17.27 would update the sign regulations of the RPMC related to temporary signage to allow for a more enforceable sign code provision, to create additional flexibility for the more seasonal events and to establish alternative key sites for temporary sign placement of all special event signage; and WHEREAS, the purpose of the revisions are to promote the safety, economic, aesthetic and general welfare of the citizens of the City by allowing for appropriate signage standards that will further the City’s goal of creating and maintaining a safe and aesthetically pleasing community; and WHEREAS, the proposed changes to Section 17.27.050 (Exempt Signs) are attached hereto as Exhibit A; and WHEREAS; on October 12, 2017 and November 1, 2017 the Planning Commission held public hearings at which times interested persons has an opportunity to testify either in support or opposition to the proposal; and WHEREAS; the Planning Commission has reviewed and considered the information contained in Application for the proposed amendments to Section 17.27.050 of the Municipal Code; and WHEREAS; on November 1, 2017 the Planning Commission recommended that the proposed changes to the City Council by Resolution No. 2017-26; and WHEREAS; pursuant to California State Law and the RPMC, public notice was published in the Press Democrat for a minimum of 10 days prior to the first public hearing; and WHEREAS, on November 14, 2017, the City Council conducted a public hearing at which time interested persons has an opportunity to testify either in support or opposition to the proposal; and WHEREAS; the City Council has reviewed and considered the information contained in the Application for the proposed amendments. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as follows: Section 1. Recitals and Evidence. The above recitations are true and correct and material to this Ordinance. In making its findings, the City Council relied upon and hereby incorporates by reference all staff reports, presentations, and other documentation presented to the Council in the meeting. Section 2. Environmental Review. The City Council finds the approval of this ordinance is not a project subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly. Alternatively, the City Council also finds the approval of this ordinance is exempt under CEQA Regulation Section 15061(b)(3) because it can be seen with certainty to have no potential for causing a significant effect on the environment. Section 3. Findings for Enactment of Amendment to Zoning Ordinance. The City Council hereby makes the following findings concerning amendment of Section 17.27.050.J – Temporary Signs of the Zoning Ordinance: A. That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The proposed amendments are consistent with provisions related to signage contained within General Plan 2020, “to promote designs that enhance the character of the community and minimize hazards.” This ordinance, as amended, would appropriate temporary signage in a balanced, fair, and equitable manner and as such would minimize hazards associated with excessive and illegal signage. Goal CD-J relating to Neighborhoods and Focus areas, states a goal to, “Maintain the character of existing neighborhoods while undertaking streetscape and signage improvements in selected areas” and Goal TR-A relating to the Street System, states a goal to, “Promote safe and efficient vehicular circulation throughout Rohnert Park.” The proposed sign provisions help implement the General Plan and specifically implement the Goals and Policies listed above. B. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments will benefit the public by creating a more streamlined temporary sign review process, reducing visual clutter from unregulated signs and improving the appearance of temporary signs installed within the community. The proposed amendments will not have any detrimental impacts and will have some positive impacts to the public health, safety or welfare. Section 4. Amendment of Section Section 17.27.050.J. The City Council hereby deletes Subpart 6, Special Event Signs, of Subsection J of Section 17.27.050, Temporary Signs, and replaces it with the following: “6. Special Event Signs. Signs or banners that advertise and publicize special events to be held within Rohnert Park are permitted, including, but not limited to, civic events and special events, grand openings, religious services and athletic sign-ups are permitted in accordance with the following standards or guidelines: a. A maximum of two special event signs not exceeding thirty-two square feet each, located on the property where the event is taking place; b. One banner for special events, for a civic or nonprofit organization may stretch across City Center Drive and/or Lynne Conde Way; c. Banners for seasonal special events, i.e., holiday lights event, may be displayed seasonally between the months of November and February only in the lawn area on the north side of Rohnert Park Expressway between Lynne Conde Way and the SMART tracks. d. Banners for civic events that are sponsored by or affiliated with the City, i.e., Farmer’s Market and Performing Art Center performances may be displayed at the northeast corner of Lynne Conde Way and Rohnert Park Expressway. e. Up to three banners for a civic or nonprofit organization not exceeding thirty-two square feet each and no more than one at each location for special events may be placed at the following locations: i. South side of Rohnert Park Expressway at Hinebaugh Creek; ii. West side of Commerce Boulevard, in the vicinity of Arlen Drive on the landscaped strip adjacent to Highway 101; iii. Northeast corner of E. Cotati Avenue at Snyder Lane; and iv. City parcel on Labath Avenue, south of the Westside Public Safety Facility location. f. The term the special event sign may be displayed shall not exceed fourteen consecutive days and more than four times in any calendar year. g. Two hundred dollars shall be deposited with the development services department to assure 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 refunded to the applicant. h. A list of the location of the special event signs or banners together with the required deposit shall be submitted to the development services department before the installation of the proposed signs or banners. i. The applicant shall submit to the development services department a list of names, addresses and telephone numbers of three responsible adults in the organization to whom the sign permit is issued.” Section 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on November 14, 2017 and adopted by the Council of the City of Rohnert Park on November 28, 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ___________________________ Jake Mackenzie, Mayor ATTEST: JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney Page 1 Attachment 2 – Additions and Strike-outs to Existing Ordinance Text Amendments to Chapter 17.27 (Signs) of the Rohnert Park Municipal Code 17.27.050 – J. Temporary Signs 6. Special Event Signs Special Event Signs. Signs or banners that advertise and publicize special events to be held within Rohnert Park are permitted, including, but not limited to, civic events and special events, grand openings, religious services and athletic sign-ups are permitted in accordance with the following standards or guidelines: a. A maximum of two special event signs not exceeding thirty-two square feet each, located on the property where the event is taking place; b. One banner for special events, for a civic or nonprofit organization may stretch across City Center Drive and/or Lynne Conde Way; c. Banners for seasonal special events, i.e., holiday lights event, may be displayed seasonally between the months of November and February only in the lawn area on the north side of Rohnert Park Expressway between Lynne Conde Way and the SMART tracks. d. Banners for civic events that are sponsored by or affiliated with the City, i.e., Farmer’s Market and Performing Art Center performances may be displayed at the northeast corner of Lynne Conde Way and Rohnert Park Expressway. c ce. Up to three banners for a civic or nonprofit organization not exceeding thirty-two square feet each and no more than one at each location for special 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); South side of Rohnert Park Expressway at Hinebaugh Creek; ii. West side of Commerce Boulevard, in the vicinity of Arlen Drive on the landscaped strip adjacent to Highway 101; and iii. Northeast corner of E. Cotati Avenue at Snyder Lane.; and iv. City parcel on Labath Avenue, south of the Westside Public Safety Facility location. bf. The term the special event sign may be displayed shall not exceed fourteen consecutive days and more than four times in any calendar year. Formatted: Indent: Left: 0.5", Hanging: 0.5" Page 2 cg. Two hundred dollars shall be deposited with the development services department to assure 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 refunded to the applicant. dh. A list of the location of the special event signs or banners together with the required deposit shall be submitted to the development services department before the installation of the proposed signs or banners. ei. The applicant shall submit to the development services department a list of names, addresses and telephone numbers of three responsible adults in the organization to whom the sign permit is issued. Sign Code Amendments Rohnert Park City Council November 14, 2017 Purpose Allow for more enforceable sign code provisions by: ◦Providing additional flexibility for seasonal signage ◦Establish alternative key sites for all temporary signage New site for seasonal special event signs New site for civic sponsored events New “west side” sites for temporary banners ITEM NO. 16 1 Meeting Date: November 14, 2017 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: Introduction of Ordinance – Consideration of Amendments to Rohnert Park Municipal Code Chapter 9.70, Mobile Home Ordinance, Changing the Term of Office for Commissioners from Two Years to Four Years and Extending the Terms of Office of Existing Commissioners RECOMMENDED ACTION: Introduction of Ordinance – Consideration of Amendments to Rohnert Park Municipal Code Chapter 9.70, Mobile Home Ordinance, Changing the Term of Office for Commissioners from Two Years to Four Years and Extending the Terms of Office of Existing Commissioners BACKGROUND: City Council identified potential continuity issues for City Commissions, Committees, and Boards (CCB) due to the lack of staggered terms and Council’s desire to have appointee terms synchronized with the appointing councilmember’s term. In December 2016, City Council established an ad hoc committee to review the current practices; Mayor Mackenzie and Vice Mayor Stafford were appointed to the ad hoc committee in January 2017. The Committee’s goal was to provide CCB continuity and preserve City Council’s practice of synchronizing CCB terms of office with the appointing councilmember’s term. Staggered terms of office prevents all appointee terms from expiring at the same time thus reducing the possibility that all appointees on a CCB would be new and without experience. Four year terms of office that coincide with the appointing councilmember’s term of office keeps CCB member terms from expiring in the same year. Therefore, in August 2017 the Committee recommended to the City Council to change all terms of office to four years that coincide with the appointing councilmember’s term of office. City Council unanimously supported the Committee’s recommendation and directed staff to move forward with implementation. Implementation includes communicating with the CCB members, amending various resolutions and ordinances, and updating procedures. ANALYSIS: City Council Protocols Section XI.A.2. state, “For City commissions, committees, and boards with five (5) members, each Councilmember shall be entitled to appoint one member. All other commissions, committees, and boards in excess of five (5) members shall be selected by the Council as a whole on an “at-large” basis.” Currently the five member Mobile Home Rent Appeals Board (RAB) has two year terms that do not coincide with the appointing councilmember’s term of office. Rohnert Park Municipal Code 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. 16 2 section 9.70.030(E) – Term of office - needs to be amended in order to implement a four year term. Rohnert Park Municipal Code section 9.70.132 states “The provisions of this measure may be amended by the city council after a public hearing before the rent appeals board and by four- fifths vote of the city council.” The chart below demonstrates what the proposed change looks like in relation to the current terms. The proposed ordinance will change the term of office for commission members from two years to four years. The proposed ordinance will also change the terms of office for existing commission members so that they coincide with the appointment councilmember’s term of office as follows: - Sarah Finnigan: Ms. Finnigan’s term of office will remain unchanged because it already coincides with Vice Mayor Stafford’s term of office. In December of 2018, Ms. Finnigan’s term will expire and Vice Mayor Stafford, if reelected, or Vice Mayor Stafford’s successor will appoint a commissioner to a four year term of office. - Janeen Kirby: Ms. Kirby’s term, which is set to expire in December of this year, will be extended by one year to December of 2018 to coincide with Councilmember Ahanotu’s term of office. In December of 2018, Ms. Kirby’s term will expire and Councilmember Ahanotu, if reelected, or Councilmember Ahanotu’s successor will appoint a commissioner to a four year term of office. - L. Kurt Engelhart: Mr. Engelhart’s term of office is set to expire in December of 2018. Mr. Engelhart’s term of office will be extended by an additional two years to December 2020 to coincide with Mayor Mackenzie’s term of office. - Patrick Reymond: Mr. Reymond’s term of office is set to expire in December of 2017. Mr. Reymond’s term of office will be extended by an additional three years to December 2020 to coincide with Councilmember Belforte’s term of office. - Sandra Waterman: Ms. Waterman’s term of office is set to expire in December of 2017. Ms. Waterman’s term of office will be extended by an additional three years to December 2020 to coincide with Councilmember Callinan’s term of office. October 5, 2017, the RAB scheduled a Public Hearing for November 2, 2017, to consider amending the Code. The Hearing was held, there was no opposition to the proposed change and the RAB directed staff to request the City Council consider amending Code Section 9.70.030(E) changing the term of office for commissioners from two years to four years and changes in the term of current commissioners. NAME OF COMMISSIONER CURRENT TERM EXPIRES TERM SHOULD BE EXTENDED TO APPOINTED BY / TERM EXPIRATION Sarah M. Finnigan 12/2018 N/A Pam Stafford / 12/2018 Janeen Kirby 12/2017 12/2018 (1 yr extension) Amy O. Ahanotu / 12/2018 L. Kurt Engelhart 12/2018 12/2020 (2 year extension) Jake Mackenzie / 12/2020 Patrick Reymond 12/2017 12/2020 (3 yr extension ) Gina Belforte / 12/2020 Sandra Waterman 12/2017 12/2020 (3 yr extension ) Joseph T. Callinan / 12/2020 ITEM NO. 16 3 Currently Section 9.70.030.E. of the Rohnert Park Municipal Code reads as follows: “Term of office. Commissioners shall be appointed to serve for a two year term. There shall be no limitation on the number of terms a commissioner may serve.” The proposed amendment reads as follows: “Term of office. Commissioners shall be appointed to serve a four (4) year term. There shall be no limitation on the number of terms a commissioner may serve.” STRATEGIC PLAN ALIGNMENT: City Committees, Commissions, and Boards support the City’s values of communication and collaboration and Goal A – Practice participative leadership at all levels. OPTIONS CONSIDERED: (list however many are appropriate) 1. Recommended Option: Staff recommends introducing an ordinance amending Rohnert Park Municipal Code Chapter 9.70.030.E. because this meets Council’s goal of providing CCB continuity and preserves City Council’s practice of synchronizing CCB terms of office with the appointing Councilmember’s term. 2. Alternative: Do not introduce an ordinance and provide direction to staff. FISCAL IMPACT/FUNDING SOURCE: This item has no fiscal impact. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: 11/08/2017 City Manager Approval Date: 11/08/2017 Attachments (list in packet assembly order): 1. RPMC Sections 9.70.030 and 9.70.132 2. RPMC Section 9.70.030 with changes tracked 3. City Council Protocol Section XI City Commissions, Committees, and Boards 4. Proposed Ordinance Page 1 9.70.030 - Rent appeals board. A. Composition. There shall be in the city a rent appeals board. The board shall consist of five appointed commissioners. The board shall elect annually as chairperson one of its members to serve in that capacity. B. Eligibility. Residents of the city who are duly qualified electors of the city are eligible to serve as commissioners of the rent appeals board. C. Full disclosure of holdings. Candidates for the position of commissioner shall submit a verified statement listing all of their interests and dealings in real property, including but not limited to its ownership, sale or management, and investment in and association with partnerships, corporations, joint ventures and syndicates engaged in its ownership, sale or management during the previous three years. D. Appointment of commissioners. Commissioners shall be appointed by the city council within thirty days after the adoption of the ordinance codified in this chapter. E. Term of office. Commissioners shall be appointed to serve for a two year term. There shall be no limitation on the number of terms a commissioner may serve. F. Powers and duties. The board is empowered to set the rent ceiling for all controlled rental spaces. The board is empowered to require registration of all controlled rental spaces under this section. The board is empowered to use city staff, issue orders, rules and regulations, conduct hearings, and charge fees as set forth below. The board may make such studies and investigations, conduc t such hearings, and obtain such information as necessary to carry out its powers and duties. The board is empowered to settle civil claims under section 9.70.110, and seek injunctive relief under section 9.70.120. G. Rules and regulations. The rent appeals board shall issue and follow such rules and regulations, including those which are contained in this chapter, as will further the purposes of this chapter. The board shall publish its rules and regulations prior to promulgation in at least one newspaper in general circulation in the city. The board shall hold at least one public hearing to consider the views of interested parties prior to adoption of general rent levels or maximum rent ceilings, or any decision decontrolling or reimposing rent stabilizations on any category or classification of rental spaces. All rules and regulations, internal staff memoranda, and written correspondence explaining the decisions and policies of the board shall be kept in the board's office, and shall be available to the p ublic for inspection and copying. The board shall publicize this chapter through the media of signs, advertisements, fliers, leaflets, announcements on radio, newspapers, and other appropriate means, so that all residents of Rohnert Park will have the opportunity to become informed about their legal rights and duties under rent stabilization in Rohnert Park. H. Meetings. The board shall hold at least one regularly scheduled meeting per month. Special meetings may be called at the request of at least two co mmissioners. All meetings shall be open to the public. Individual maximum rent adjustment hearings shall be conducted in accordance with the provisions of sections 9.70.060 and 9.70.070. I. Quorum. Three commissioners shall constitute a quorum for the board. J. Voting. The affirmative vote of three commissioners of the board is required for a decision, including all motions, regulations and orders of the board. K. Dockets. The board shall maintain and keep in its office all hearing dockets. L. Vacancies. If a vacancy occurs on the board, the city council shall appoint a qualified person to fill such a vacancy. M. Staff. The board shall employ the existing staff to perform its functions efficiently, in order to fulfill the purposes of this chapter. N. Financing. The board shall finance its reasonable and necessary expenses by charging landlords annual registration fees, as set by the rent board, to cover administrative costs. Such registration fees Page 2 shall be passed on to the homeowners/residents in the fo rm of rent increases prorated over the year. The board is also empowered to request and receive funding, when and if necessary, from the city and/or any other available source, for its reasonable and necessary expenses. O. Registration. Within thirty days after the initial board meeting, the board shall require the registration of all controlled rental spaces, which shall be re-registered annually, at times deemed appropriate by the board. The initial registration shall include the rent in effect on Decemb er 1, 1985, the date of the adoption of the ordinance codified in this chapter, the address of the rental space, the name and address of the landlord, the housing services provided to the space, a statement indicating all operating-cost increases since the rollback date, and any other information deemed relevant by the board. If the landlord has willfully and knowingly failed to register a controlled rental space, the board may authorize the homeowner/ resident of such a nonregistered controlled rental spac e to withhold all or a portion of the rent for the space until such time as the rental space is properly registered. After a rental space is properly registered, the board and/or a hearing examiner shall determine what portion of the withheld rent is owed to the landlord for the period in which the rental space was not properly registered. Whether or not the board allows such withholding, no landlord who has failed to register properly shall at any time increase rents for controlled rental spaces until such spaces are properly registered. (Ord. 622 § 2, 1996: Ord. 607, 1995: Ord. 599 § 3, 1994: Ord. 494 § 3, 1987) 9.70.132 - Amendment. The provisions of this measure may be amended by the city council after a public hearing before the rent appeals board and by four-fifths vote of the city council. (Measure L, passed by voters at election of November 8, 1994 and Resolution 94-189 adopted December 6, 1994 ratified the citizens' votes) Page 1 9.70.030 - Rent appeals board. A. Composition. There shall be in the city a rent appeals board. The board shall consist of five appointed commissioners. The board shall elect annually as chairperson one of its members to serve in that capacity. B. Eligibility. Residents of the city who are duly qualified electors of the city are eligible to serve as commissioners of the rent appeals board. C. Full disclosure of holdings. Candidates for the position of commissioner shall submit a verified statement listing all of their interests and dealings in real property, including but not limited to its ownership, sale or management, and investment in and association with partnerships, corporations, joint ventures and syndicates engaged in its ownership, sale or management during the previous three years. D. Appointment of commissioners. Commissioners shall be appointed by the city council within thirty days after the adoption of the ordinance codified in this chapter. E. Term of office. Commissioners shall be appointed to serve for a two year four (4) year term. There shall be no limitation on the number of terms a commissioner may serve. F. Powers and duties. The board is empowered to set the rent ceiling for all controlled rental spaces. The board is empowered to require registration of all controlled rental spaces under this section. The board is empowered to use city staff, issue orders, rules and regulations, conduct hearings, and charge fee s as set forth below. The board may make such studies and investigations, conduct such hearings, and obtain such information as necessary to carry out its powers and duties. The board is empowered to settle civil claims under section 9.70.110, and seek injunctive relief under section 9.70.120. G. Rules and regulations. The rent appeals board shall issue and follow such rules and regulations, including those which are contained in this chapter, as will further the purposes of this chapter. The board shall publish its rules and regulations prior to promulgation in at least one newspaper in general circulation in the city. The board shall hold at least one public hearing to consider the views of interested parties prior to adoption of general rent levels or maximum rent ceilings, or any decision decontrolling or reimposing rent stabilizations on any category or classification of rental spaces. All rules and regulations, internal staff memoranda, and written correspondence explaining the decisions and policies of the board shall be kept in the board's office, and shall be available to the public for inspection and copying. The board shall publicize this chapter through the media of signs, advertisements, fliers, leaflets, announcements on radio, newspapers, and o ther appropriate means, so that all residents of Rohnert Park will have the opportunity to become informed about their legal rights and duties under rent stabilization in Rohnert Park. H. Meetings. The board shall hold at least one regularly scheduled meeting per month. Special meetings may be called at the request of at least two commissioners. All meetings shall be open to the public. Individual maximum rent adjustment hearings shall be conducted in accordance with the provisions of sections 9.70.060 and 9.70.070. I. Quorum. Three commissioners shall constitute a quorum for the board. J. Voting. The affirmative vote of three commissioners of the board is required for a decision, including all motions, regulations and orders of the board. K. Dockets. The board shall maintain and keep in its office all hearing dockets. L. Vacancies. If a vacancy occurs on the board, the city council shall appoint a qualified person to fill such a vacancy. M. Staff. The board shall employ the existing staff to perform it s functions efficiently, in order to fulfill the purposes of this chapter. N. Financing. The board shall finance its reasonable and necessary expenses by charging landlords annual registration fees, as set by the rent board, to cover administrative costs. Such registration fees Page 2 shall be passed on to the homeowners/residents in the form of rent increases prorated over the year. The board is also empowered to request and receive funding, when and if necessary, from the city and/or any other available source, for its reasonable and necessary expenses. O. Registration. Within thirty days after the initial board meeting, the board shall require the registration of all controlled rental spaces, which shall be re-registered annually, at times deemed appropriate b y the board. The initial registration shall include the rent in effect on December 1, 1985, the date of the adoption of the ordinance codified in this chapter, the address of the rental space, the name and address of the landlord, the housing services prov ided to the space, a statement indicating all operating-cost increases since the rollback date, and any other information deemed relevant by the board. If the landlord has willfully and knowingly failed to register a controlled rental space, the board may authorize the homeowner/ resident of such a nonregistered controlled rental space to withhold all or a portion of the rent for the space until such time as the rental space is properly registered. After a rental space is properly registered, the board and/or a hearing examiner shall determine what portion of the withheld rent is owed to the landlord for the period in which the rental space was not properly registered. Whether or not the board allows such withholding, no landlord who has failed to register properly shall at any time increase rents for controlled rental spaces until such spaces are properly registered. (Ord. 622 § 2, 1996: Ord. 607, 1995: Ord. 599 § 3, 1994: Ord. 494 § 3, 1987) City Council Protocols Page 23 of 27 Amended 12/13/2016 by Reso. No. 2016-115 F. Committee Materials Meeting agendas will be compiled by staff with input from each committee member. Committee materials will be provided to each committee member. These materials will be distributed to each committee member at the same time. Special arrangements may be made with committee members who are out of town when materials are distributed. G. Committee Recommendations Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, each member may submit his/her findings and recommendations separately to the City Council. Although written minutes of each committee meeting are not required, committee findings and recommendations should be presented to the City Council in a written document. H. Staffing Councilmembers assigned to committees will observe the City Council Protocols regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council. XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS A. Appointments to City Commissions, Committees, and Boards The following procedures will be used in considering appointments by the City Council to the various City commissions, committees, and boards which extend for a term in excess of six (6) months: 1. All persons interested in being considered for service on a City board, commission, or committee must have on file with the City an application (fact-sheet) or request for reappointment indicating an interest in serving. 2. For City commissions, committees, and boards with five (5) members, each Councilmember shall be entitled to appoint one member. All other commissions, committees, and boards in excess of five (5) members shall be selected by the Council as a whole on an “at-large” basis. 3. At-large nominees must receive a majority vote of the City Council membership in order to be appointed. 4. Nominations/appointments are made on a rotation basis. Rotation order is by seniority, based on 1) the date first elected to City Council to present continuous period of service and 2) the number of votes received in the event of a tie in period of service. In circumstances in which two members have the same tenure on the City Council, the number of votes received in the election determines the position in the sequence, with the Councilmember receiving the highest number of votes being first. If a Councilmember is appointed to City Council Protocols Page 24 of 27 Amended 12/13/2016 by Reso. No. 2016-115 fill a mid-term vacancy, that Councilmember will go to the bottom of the rotational list. The City Clerk shall keep a record of the appointments and the Councilmembers’ rotation order. The rotation order shall stay intact for future appointments unless amended or rescinded. 5. Whenever an appointed member of a commission, committee, or board vacates a term of office, the Councilmember who nominated/appointed said person, or the Councilmember’s successor in office, shall be entitled to make the appointment to complete the term of office. 6. Whenever a vacancy occurs on a City commission, committee, or board, the City Clerk shall post a notice of the vacancy notifying the public of the vacancy to be filled and the date that applications will be considered to fill the vacancy in compliance with the Maddy Act. 7. The City Council may establish committees, commissions, boards, or other taskforces with a nomination/appointment process as the Council deems appropriate. B. Policy for Service on City Commissions, Committees, and Boards 1. Attendance Members of commissions, committees, and boards are expected to attend meetings on a regular and consistent basis. An automatic vacancy shall occur on a commission, committee, or board if a member is absent from three (3) consecutive regular meetings without cause. Cause means “illness or other unavoidable circumstance of which the chair of the board, commission or committee is notified prior to the meeting.” The chair of the commission or committee shall notify the City Manager promptly of all absences that are excused for cause. 2. Removal Each member of a board, commission, or committee created and appointed by the City Council serves at the pleasure of the City Council. Any Councilmember may bring forward a proposal to remove a board, commission, or committee member. Three (3) affirmative votes of the City Council are required to remove a member of a board, commission, or committee. 3. Role Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, or board is to make recommendations to the City Council on matters affecting the City of Rohnert Park. Except as otherwise provided in state or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council. City Council Protocols Page 25 of 27 Amended 12/13/2016 by Reso. No. 2016-115 4. Conflict of Interest All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act of the State of California and provisions of the common law relating to conflicts of interest. XII. COUNCIL VACANCY Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512. XIII. USE OF CITY COUNCIL CHAMBER A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City Hall, is for the use of the City Council, Planning Commission, other City Council advisory bodies, and other groups and committees of the City and such other intergovernmental or citizens groups as the City may convene. B. A calendar of use shall be maintained by the City Clerk’s office, and all requests for use should be regularly calendared or scheduled through that office. C. The City Council Chamber shall not be used for political or commercial purpose except as outlined in the following paragraph: D. The City shall allow the use of the Council Chamber for the conduct of candidate forums for election, whether for city, county, state, or national office under the following circumstances: 1. When the candidates’ forum is sponsored by a 501(c)3 non-profit agency, a legitimate non-partisan group, or a governmental agency. 2. When all candidates for that public office have been invited to participate, and a majority of the candidates have indicated that they will do so. 3. When the event is chaired and moderated in an impartial and objective way which is fair to all candidates. E. Use of City-owned and operated television and broadcasting capability shall be limited to broadcast of City Council, Planning Commission , and other City advisory body meetings, for use every two years by the League of Women Voters for a Council Candidate Forum, and for City-related emergency or informational purposes as authorized by the City Manager. Use of the video broadcasting system by an outside agency is not allowed except with the permission of the City Council at least two weeks prior to the event. If such use is granted it is subject to appropriate personnel – equipment – overhead charges as established by the City Manager. ORDINANCE NO. 913 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 9.70.030.E. OF THE ROHNERT PARK MUNICIPAL CODE (MOBILE HOME ORDINANCE) TO PROVIDE FOR A CHANGE TO RENT APPEALS BOARD COMMISSIONERS’ TERM OF OFFICE WHEREAS, in December 1987, the electorate of the City of Rohnert Park adopted an ordinance entitled, “Measure A, Rohnert Park Mobile Home Ordinance,” Ordinance No. 494; and WHEREAS, in 1994 the voters passed Measure L approving the addition of Rohnert Park Municipal Code Section 9.70.132, which provides that the Mobile Home Ordinance may be amended by a 4/5 vote of the City Council after a public hearing before the Rent Appeals Board (“Board”); and WHEREAS, City Council Protocols Section XI.A.2. states “For City commissions, committees, and boards with five (5) members, each Councilmember shall be entitled to appoint one member;” and WHEREAS, each of the current commissioners on the Board were appointed by a current member of the City Council; and WHEREAS, on August 8, 2017, the City Council of the City of Rohnert Park directed staff to implement a four year term of office that coincides with the appointing councilmember’s term of office for all City commissions, committees, and boards; and WHEREAS, on October 5, 2017, the Board scheduled a Public Hearing for November 2, 2017, to consider an amendment to the Mobile Home Ordinance changing the term of office for commissioners from two years to four years; and WHEREAS, this ordinance is intended to change the terms of office for existing and future Board commissioners so that they coincide with the appointing councilmember’s term of office as follows: - Sarah Finnigan: Ms. Finnigan was appointed to the Board by Vice Mayor Stafford. Ms. Finnigan’s current term of office will expire in December 2018 and will remain unchanged because it already coincides with Vice Mayor Stafford’s term of office. - Janeen Kirby: Ms. Kirby was appointed to the Board by Councilmember Ahanotu. Ms. Kirby’s current term of office is set to expire in December of 2017. Ms. Kirby’s current term of office will be extended by one year to December of 2018 to coincide with Councilmember Ahanotu’s term of office. - L. Kurt Engelhart: Mr. Engelhart was appointed to the Board by Mayor Mackenzie. Mr. Engelhart’s current term of office is set to expire in December of 2018. Mr. Engelhart’s current term of office will be extended by two years to December 2020 to coincide with Mayor Mackenzie’s term of office. - Patrick Reymond: Mr. Reymond was appointed to the Board by Councilmember Belforte. Mr. Reymond’s current term of office is set to expire in December of 2017. Mr. Reymond’s term of office will be extended three years to December 2020 to coincide with Councilmember Belforte’s term of office. - Sandra Waterman: Ms. Waterman was appointed to the Board by Councilmember Callinan. Ms. Waterman’s current term of office is set to expire in December of 2017. Ms. Waterman’s term of office will be extended three years to December 2020 to coincide with Councilmember Callinan’s term of office. WHEREAS, the Board held a Public Hearing on November 2, 2017. The Board received testimony and deliberated the proposed amendment. The Board supports amending Section 9.70.030.E changing Board commissioners’ term of office from two years to four years and changing the existing terms of select Board commissioners so that current and future terms of office for all Board commissioners coincide with the appointing councilmember’s term of office. NOW, THEREFORE, the City Council of the City of Rohnert Park Does Ordain as Follows: SECTION 1. Section 9.70.030.E. of the Rohnert Park Municipal Code is amended in its entirety to read as follows: “Term of office. Commissioners shall be appointed to serve a four (4) year term. There shall be no limitation on the number of terms a commissioner may serve.” SECTION 2. The terms of office of the current Board commissioners shall be extended as follows: A. Sarah Finnigan: Ms. Finnigan’s current term of office will expire in December 2018 and will remain unchanged. B. Janeen Kirby: Ms. Kirby’s current term of office, which is set to expire in December of 2017, will be extended by one (1) year to December of 2018. C. L. Kurt Engelhart: Mr. Engelhart’s current term of office, which is set to expire in December of 2018, will be extended by two (2) years to December 2020. D. Patrick Reymond: Mr. Reymond’s current term of office, which is set to expire in December of 2017, will be extended by three (3) years to December 2020. E. Sandra Waterman: Ms. Waterman’s current term of office, which is set to expire in December of 2017, will be extended by three (3) years to December 2020. SECTION 3. This ordinance shall be in full force and effect thirty (30) days after its adoption and shall be published and posted as required by law. This ordinance was introduced on November 14, 2017, and adopted by the Council of the City of Rohnert Park on November 28, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ________ _____________ Jake Mackenzie, Mayor ATTEST: __________________________________ Caitlin Saldanha, Deputy City Clerk APPROVED AS TO FORM: _______________________________ Michelle Marchetta Kenyon, City Attorney Item No. 18A CITY OF ROHNERT PARK MEMORANDUM TO: City Council FROM: John McArthur, Director of Public Works and Community Services Cindy Bagley, Community Services Manager on behalf of Parks and Recreation Commission DATE: November 7, 2017 RE: Oak Grove Park Dedication ______________________________________________________________________________ Staff is forwarding a recommendation from the Parks and Recreation Commission. At its special meeting on October 5, 2017, the Parks and Recreation Commission unanimously voted to bring forth to the City Council a recommendation to name the future park off of Keiser Ave in the University District (now being called “Oak Grove Park”) after current Parks and Recreation Commission Chair, Jerry Griffin. The proposed name from the Commission is “Griffin’s Grove”. At the meeting, Commissioner Black gave a detailed history of Chair Griffin’s involvement in the in saving the oak trees from being removed in the future park site. She also detailed Chair Griffin’s history as a Commissioner stating he began service as a Commissioner in 1993 and is the longest serving elected official or appointed commissioner in the City’s history. Note: Oak Grove Park is named in the University District Specific Plan which was last updated by Resolution 2014-034 adopted by the City Council on April 8, 2014. Thank you for your consideration.