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HomeMy WebLinkAbout2026/05/12 City Council Resolution 2026-038 RESOLUTION NO. 2026-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN AGREEMENT WITH ROHNERT PARK CAL RIPKEN/BABE RUTH BASEBALL ORGANIZATION FOR IMPROVEMENTS TO ALICIA(A-1),BENICIA (B-1), AND COLEGIO VISTA (C-1) BASEBALL FIELDS,APRROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ACCESS AND IMPROVEMENT AGREEMENT, AND FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REQUIREMENTS WHEREAS, the A-1, B-1 and C-1 Parks baseball fields located at 300 Arlen, 7471 Bernice, and 1214 Southwest Blvd in Rohnert Park, California, are owned and operated by the City of Rohnert Park for recreational use; and WHEREAS,the Rohnert Park Cal Ripken/Babe Ruth Baseball Organization (RP Cal Ripken), a California non-profit public benefit corporation (Organization), whose purpose is to support competitive youth baseball activities that benefit the community of Rohnert Park, is a frequent user of the A-1, B-1 and C-1 Vista Parks baseball fields; and WHEREAS,the RP Cal Ripken proposes to install certain improvements to the A-1, B-1 and C-1 Parks baseball fields using volunteers and to donate those improvements to the City (Project); and WHEREAS,plans, specifications, and an inspection schedule were compiled and approved by the City Engineer and are attached hereto as Exhibit A, and incorporated herein by this reference; and WHEREAS, the City and the RP Cal Ripken desire to enter into an Access and Improvement Agreement (Agreement) for the donation and installation of the proposed field improvements at A-1, B-1 and C-1 baseball fields, to more thoroughly define the terms and conditions of the construction and dedication obligations. NOW,THEREFORE,BE IT RESOLVED that, based on the evidence presented at the City Council's duly noticed regular meeting of May 12, 2026, the City Council of the City of Rohnert Park finds that this action is categorically exempt from the requirements of CEQA pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction) and Section 15303 (New Construction or Conversion of Small Structures). This finding is based on the fact that the action consists of minor alterations, replacement, or reconstruction of existing recreational facilities and the installation of small new equipment or facilities in small structures at an existing park. Furthermore, none of the exceptions to the categorical exemptions set forth in CEQA Guidelines section 15300.2 apply. BE IT FUTHER RESOLVED that the City Council of the City of Rohnert Park hereby approves the Agreement with RP Cal Ripken, a copy of which is attached as Exhibit B to this Resolution and authorizes and directs the City Manager, or her designee, to take all actions necessary to effectuate the Agreement for and on behalf of the City of Rohnert Park, including execution of, in substantially similar form to the Agreement attached hereto as Exhibit B, subject to minor modifications by the City Manager or City Attorney as they deem necessary. BE IT FURTHER RESOLVED that the plans, specifications, and inspection schedule set forth in Exhibit A are hereby approved. BE IT FUTHER RESOLVED that the City Council finds and determines that the Project will advance the health and welfare of the residents of the City of Rohnert Park, and the Project is in the best interests of the City. BE IT FURTHER RESOLVED that encroachment permit fees, plan check fees, grading permit fees, and inspection fees are hereby waived. BE IT FUTHER RESOLVED that the City Council finds and determines that all work on the Project will be performed by volunteers, and, therefore, the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code (commencing with Section 1720) do not apply to the Project. DULY AND REGULARLY ADOPTED this 12th May 2026. CITY OF ROHNERT PARK ATTEST: .1 S born, Mayor Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: lAtk' \ii ‘ ----" ____ allavi Vishwanath, Deputy City Attorney Attachments: Exhibit A& Exhibit B ADAMS: GIUDICE: RODRIGUEZA ELWARD SANBOR • �v�AYES: ( ) ES: (95) ABSE : (� ABSTAIN ( Resolution 2026-038 Page 2 of 2 IRV #4892-4041-2168 vi EXHIBIT A Description and Depiction of Access Area A-1 IRV #4892-4041-2168 vi A-2 IRV #4892-4041-2168 vi EXHIBIT B CERTIFICATE REGARDING WORKERS' COMPENSATION Labor Code Section 3700 "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (A) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (B) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees." I am aware of the provisions of Section 3700 of the Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor: By: Its: In accordance with Article 5 (commencing at Section 1860), Chapter I, Part 7, Division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under the contract. B-1 IRV #4892-4041-2168 vi EXHIBITC City of Rohnert Park Waiver of Liability and Indemnification Agreement I am a participant in the Rohnert Park Cal Ripken / Babe Ruth Baseball Field Improvement Project. As a condition of being allowed to participate in this Activity, I agree to the following: I am fully aware there are special dangers and risks inherent in this activity, including, but not limited to, exposure to sharp objects, tools, chemicals, insect and animal bites, trip and fall hazards which could result in serious physical injury, death or other harmful consequences that may arise or result directly or indirectly to me from my participation in this activity. I assume any expenses and liabilities I incur in the event of any accident, illness or other incapacity. I understand and agree that neither the City of Rohnert Park nor any of its officers, agents, volunteers or employees shall be held responsible or made the subject of any claim for damages or liability arising from bodily injury, property damage or loss of any sort to me, arising out of or related to my participation in the Rohnert Park Girls Amateur Softball Association Field Improvement Project, whether the result of the negligence acts or omission of the City of Rohnert Park. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES (THE CITY OF ROHNERT PARK, ITS EMPLOYEES, AGENTS, VOLUNTEERS, INDEPENDENT CONTRACTORS, OFFICERS, ASSIGNS AND SUCCESSORS) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES, SUSTAINED BY ME, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, OR ANYONE ON MY BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEYS' FEES, LOSS, LIABILITY OR DAMAGE, OR ANY OTHER COST THAT MAY OCCUR AS THE RESULT OF SUCH A CLAIM. Name: __________________________________ Signature: _______________________________ Date: ________________ C-1 EXHIBITD Plans, Specifications, and Inspection Schedule Baseball Field Mound Improvement Scope • A1 and B1 Baseball Field Pitcher Mounds o Cut back the mound to be level with the infield o Re-grade the pitcher mound. o Install portable pitching mound that has been purchased by RP Cal Ripken and will be donated to the City. • C1 Baseball Field Pitcher Mound o Cut back the pitchers mound to be level with the infield o Re-grade the pitcher mound. o Install portable pitching mound that has been purchased by RP Cal Ripken and will be donated to the City. • Work with the utilities department to add a water source for spaying the infield down as needed and located in the field. At no time shall RP Cal Ripken connect to the city water system. • All other components of the field shall remain undisturbed, and any damage incurred during construction shall be the responsibility of RP Cal Ripken to correct to the approval of the Director of Public Works. • All equipment on-site shall only be operated by individuals with the proper certifications and training to safely handle the equipment. Path of travel for heavy equipment shall be approved by the Director of Public Works. o Anticipated Equipment:  Hand tools Inspection Requirements • Inspections are required at the following intervals and are required to meet the City of Rohnert Park Manual of Standards: o During construction set up o During baseball mound removal to ensure that no utilities are exposed o At final course leveling