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HomeMy WebLinkAbout6.1 Authorizing the Enforcement of the California Vehicle Code within the Wallis Ranch Subdivision and Approving an Agreement for Traffic Enforcement Servicesr DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: .Line 20, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager Agenda Item 6.1 SU B.ECT : Authorizing the Enforcement of the California Vehicle Code within the Wallis Ranch Subdivision and Approving an Agreement for Traffic Enforcement Services Prepared by:• Colleen Tribby, Assistant City Manager EXECUTIVE SUMMARY: The City Council will conduct a public hearing to consider a petition from the Wallis Ranch Homeowner's Association for the provision of traffic enforcement services on privately owned roads and approve an agreement for Dublin Police Services to provide traffic enforcement within the Wallis Ranch subdivision. STAFF RECOMMENDATION: Conduct the public hearing and adopt the Resolution Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an Agreement With the Wallis Ranch Homeowner's Association for the Provision of Traffic Enforcement Services. FINANCIAL IMPACT All costs associated with the provision of traffic enforcement to the Wallis Ranch subdivision will be reimbursed by the Wallis Ranch Homeowner's Association, per the agreement. DESCRIPTION: California Vehicle Code Sections 21107.5 and 21107.7 allow for law enforcement officers to enforce speed limits on private roads if certain procedures are followed by the road owners and the enforcing agency and certain conditions are met. In 2022, City Staff were contacted by representatives of the Wallis Ranch Homeowner's Association interested in traffic enforcement on their privately owned roads. City and Dublin Police Services Staff subsequently engaged in communications with the Association on the Page 1 of 2 345 logistics of providing such services, including a review of the steps necessary to solidify the arrangement. In April, the City received a petition, per the requirements set forth in the Vehicle Code, signed by a majority of the Association requesting traffic enforcement within the Wallis Ranch subdivision. Staff then worked with Dublin Police Services to prepare an agreement (Attachment 2) for the provision of two officers, each for four hours per week, to provide enforcement services. The officers will be under the direction of the Dublin Police Services Captain. Staff provided written notice to all owners and residents of Wallis Ranch of the public hearing to consider this agreement. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Notice was mailed to the owners and residents of the Wallis Ranch subdivision on this item. The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an Agreement with the Wallis Ranch Homeowner's Association for the Provision of Traffic Enforcement Services. 2) Exhibit A to the Resolution - Agreement Between the City of Dublin and Wallis Ranch Homeowner's Association Regarding Enhanced Police Services 3) Petition of Wallis Ranch Homeowner's Association Requesting City Enforcement of Private Streets Page 2 of 2 346 Attachment I RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE TO PRIVATELY OWNED ROADS WITHIN THE WALLIS RANCH SUBDIVISION AND APPROVING AN AGREEMENT WITH THE WALLIS RANCH HOMEOWNER'S ASSOCIATION FOR THE PROVISION OF TRAFFIC ENFORCEMENT SERVICES WHEREAS, California Vehicle Code Section 21107.7 allows a city to authorize that provisions of the California Vehicle Code be enforced on privately owned and maintained roads near or connected to public highways; and WHEREAS, the roads within the subdivision known as Wallis Ranch are to be privately owned and maintained by the Wallis Ranch Homeowner's Association (the "Association"); and WHEREAS, the City Council has a received a petition from the Association requesting that the provisions of the California Vehicle Code Section 21107.7 be applied to the roads in their community; and WHEREAS, a public hearing on the matter has been conducted and notice of such hearing was sent to all owners of in the Association in accordance with California Vehicle Code Section 21107.7; and WHEREAS, the City has prepared an agreement for Dublin Police Services to provide traffic enforcement services to the Wallis Ranch subdivision, whereby the City will be reimbursed for all costs associated with the provision of such services. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin City Council does hereby: 1) find and declare that the aforementioned privately owned and maintained roads are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of the California Vehicle Code to those roads, and 2) approve the agreement attached hereto as Exhibit A for the City, via Dublin Police Services, to provide traffic enforcement services to the Wallis Ranch subdivision. BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute the agreement and make any non -substantive changes to carry out the intent of this resolution. Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 347 BE IT FURTHER RESOLVED THAT the Association shall submit, within 30 days, to the Public Works Department any engineering studies/plans showing that the location and type of any traffic signs, markings, or devices are in compliance with the uniform standards of the City and the Department of Transportation, and for speed limits, submit any engineering studies required to establish an enforceable speed limit. Following approval by the Public Works Department, Association shall erect signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the California Department of Transportation. PASSED, APPROVED AND ADOPTED this day of , 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 1 348 Attachment 2 AGREEMENT BETWEEN THE CITY OF DUBLIN AND WALLIS RANCH HOMEOWNER'S ASSOCIATION REGARDING ENHANCED POLICE SERVICES This agreement is made and entered into between the City OF DUBLIN (the "City") and WALLIS RANCH HOMEOWNER'S ASSOCIATION (the "Association") (individually "Party" and collectively "Parties") as of (the "Effective Date") regarding enhanced police services ("Agreement"). RECITALS WHEREAS, the Association wishes to receive enhanced police protection services from the City through the assignment of two (2) sworn Dublin Police Officers to patrol and enforce moving vehicle violations pursuant to the California Vehicle Code and Dublin Municipal Code on Association -owned streets; and WHEREAS, in recognition of the expense to City of permitting two (2) Officers to provide such enhanced police protection services, the Association will remit the cost for such services by paying the City the Officers hourly rate as set forth herein, not to exceed four (4) hours per week per Officer. The Parties agree and acknowledge that these services are not provided for profit, and neither Party expects or anticipates that the City will realize any profit or direct financial benefit as a result of this Agreement; and WHEREAS, the City will provide enhanced police protection services pursuant to the terms and conditions of this Agreement provided that such services do not: (A) Impair or interfere with City's ability to meet its other law enforcement responsibilities; and (B) Result in any City loss of operational efficiency or readiness. NOW, THEREFORE, in consideration of the foregoing Recitals, which are true and correct and incorporated herein, and the promises, agreements, representations, and acknowledgments contained in this Agreement and all the Exhibits hereto, it is mutually agreed as follows: 1. Term of the Agreement The term of Agreement shall commence on the Effective Date and conclude on , unless the term of the Agreement is otherwise terminated as provided for in Section 6. 2. Scope of Services to be Provided by the City to the Association 2.1. The City, through Dublin Police Services, agrees to supply two (2) Dublin Police Officers for enhanced police services to patrol and enforce moving vehicle violations pursuant to the California Vehicle Code and Dublin Municipal Code on Association -owned streets as authorized by law for the benefit of the general public for no more than four (4) hours per week per Officer ("Resource Officer"). The Resource Officers shall perform the services provided for in Exhibit A attached hereto and incorporated by this reference. 2 .2 . The Association shall coordinate the services needed through the Captain of Dublin Police Services. The City has the sole authority to determine which officers will be assigned as 1 349 Attachment 2 Resource Officers. The City makes no representation as to which Resource Officers will be assigned or that the Resource Officers will be the same during each week. 2.3. The Association agrees to provide to the City the necessary workspace and or other assistance that may be required for the performance of the services under this Agreement. The City shall provide, at its own cost and expense, any and all necessary equipment, education and training, to perform the services under this Agreement. 2.4. The City may, at its discretion, assign supervisory personnel to supervise Resource Officers with the Association agreeing to pay all costs associated with supervisory personnel. 2.5. Notwithstanding the City's obligation under this Section 2, the Parties acknowledge and agree that City has the sole and absolute discretion to reassign the Resource Officers to other areas for reasonable periods of time as needed for law enforcement purposes. If this should occur, the Association will only be responsible for paying the City for the services actually provided to Association. 2.6. In performing its obligations under this Agreement, the City will retain discretion to issue citations using its administrative citation process, under applicable state law, or to make arrests. The City makes no guarantee that citations will be issued or that arrests will be made. The City shall be entitled to retain any revenue generated from the issuance of administrative citations. 3. Compensation The Association shall compensate the City for the services of the Resource Officers and any assigned supervisory personnel as set forth in the Rate Schedule attached as Exhibit B and incorporated by this reference. Per the Alameda County Deputy Sheriff's Office Memorandum of Understanding all overtime work shall be compensated at the rate of one -and -one-half (1.5) times the hourly rate. The City shall invoice the Association for the services so rendered and the Association shall remit payment within thirty (30) days from the receipt of an invoice. As with all other City Officers, calculation of the Resource Officer's hours pursuant to this Agreement shall begin when the Resource Officer begins his/her shift and leaves the City Police Department and ends when the Officer concludes his/her shift by returning to the City Police Department. 4. Resource Officers Status as Alameda County Employees 4.1. The City contracts with the County of Alameda ("County") for enforcement by Alameda County Sheriff's Office ("ACSO") of state laws and City ordinances in the City of Dublin. The Association agrees that at all times and for all purposes relevant to this Agreement, the ACSO shall remain the sole and exclusive employer of all Resource Officer(s) and in this regard: a. The ACSO shall remain solely and exclusively responsible for the payment of any police officer wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including but not limited to, workers' disability compensation, unemployment compensation, Social Security Act protection and benefits, any employment taxes, and/or other statutory or contractual right or benefit based, in any way, upon any officer's status as an employee of the 2 350 Attachment 2 ACSO. The City acknowledges that the Resources Officers and other City employees shall not be eligible to participate in, or receive any benefit from, any benefit plan or program available to Association employees. The Association shall not provide workers' compensation coverage for the Officers or for any other City employees or contractors and shall not withhold or pay with respect to any sums due under this Agreement any federal, state or local income taxes (domestic or foreign), FICA, Medicare, unemployment insurance, workers compensation insurance, or other taxes or assessments against amounts payable with respect to statutory employees. The ACSO shall have sole responsibility for the payment of all applicable taxes and withholdings with respect to compensation paid to ACSO employees. The City and ACSO, via their contractual relationship, retain sole and absolute discretion in the manner and means of carrying out the services, and the Association shall have no obligation to direct or control the Resource Officers or the delivery of services. b. This Agreement does not, and is not intended to include any City warranty, promise, or guaranty, either express or implied, of any kind or nature whatsoever, in favor of the Association, any agent, or any person present on Association -owned streets that any enhanced police protection provided by City via its contractual arrangement with ACSO under the terms and conditions of this Agreement will result in any specific reduction in or prevention of any criminal activity, or any other performance -based outcome. c. Under the terms of this Agreement, the Association agrees that no Officer shall be asked or required to perform any services directly for the Association or otherwise be available to perform any other work or assignments for the Association or be expected to perform any acts other than governmental law enforcement functions, crime prevention or police protection, and that no Officer shall be employed in any manner or capacity by the Association. The Association agrees that it shall not grant, give, allow, pay, reimburse, compensate, or otherwise provide any wage, fringe benefits, gifts, equipment, personal property, supplies, entitlement, consideration (monetary or otherwise), or any other thing of value, either directly or indirectly, to the Resource Officer(s). Any money paid directly to the City by the Association to reimburse the City for costs pursuant to this Agreement shall not be deemed consideration paid by the Association to the Resource Officer(s). d. The Association and the City agree that this Agreement does not, and is not intended to, create, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner or form: (a) any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon or for any police officer and/or any officer's agents, representatives, unions, or the successors or assigns of any of them; (b) any applicable City employment and/or union contract; (c) any level or amount of police officer supervision, standard of performance, training or education; (d) any City or ACSO rule, regulation, hours of work, shift assignment, order, policy, procedure, directive, guideline, etc. which shall solely and exclusively, govern and control the employment relationship between the ACSO and all Officers. e. Association agrees that neither Association nor any of its agents shall otherwise provide, furnish or assign any police officer with any job instructions, job descriptions, job specifications, or job duties, or in any 3 351 Attachment 2 manner attempt to control, supervise, train or direct any police officer in the performance of any City duty or obligation to provide enhanced police protection under the terms of this Agreement. 4.2. The Association agrees that this Agreement does not, and is not intended to, transfer, delegate, or assign to the City, its officers, agents or employees, any civil or legal responsibility, obligation, duty of care, or liability associated with the ownership, maintenance, or operation of the Association -owned streets. 5. No Joint Venturers, Employees, Agents, or Special Benefits Created 5.1. The Association and the City agree that neither the City nor any officer, agent or employee of the City, by virtue of this Agreement or otherwise, shall be considered or asserted to be an employee, contractor, subcontractor, partner, joint venturer, representative, or agent of the Association. 5.2. The Association agrees that it may not assign, delegate, contract, subcontract or otherwise transfer, promise, commit, or loan any enhanced police protection services or duties under this Agreement to any other person and/or public or private corporation, entity, or organization of any kind. 5.3. The Association agrees that this Agreement does not, and is not intended to, create, by implication or otherwise, any specific, direct, or indirect obligation, duty, promise, benefit, and/or special right to police protection services or governmental law enforcement protection in favor of the Association, any Association agent(s) and/or any other person, who, for any reason or for no reason, is on or near Association -owned streets. Further, the Association agrees that at all times, and for any and all purposes under this Agreement, the City and the Resource Officer(s) shall be present strictly and solely to perform such police protection services and governmental law enforcement functions authorized by law to and for the benefit of the general public. 6. Termination of Agreement Either Party to this Agreement may terminate it upon thirty (30) days written notice to the other Party without incurring any penalty or liability to any party because of the termination or upon mutual consent. Upon termination, any amounts owed to the City by the Association, if any, shall be paid by the Association upon the submission of an invoice. If the City has in its possession any property of the Association, it shall be returned upon termination. 7. City Reservation of Rights/Association Waiver 7.1. The City reserves to itself any rights and obligations relating to the provision of any and all police and/or governmental law enforcement services, and this Agreement does not, and is not intended to diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of City, its agents, employees, or officers. 7.2. The Association acknowledges and agrees that, during the term of this Agreement, there may be circumstances beyond the City's control when the City, in its sole discretion, may be unable to assign a Resource Officer(s) pursuant to this Agreement. The Association recognizes this possibility and hereby waives any claims that may arise in connection with, or as a result of, any alleged City failure to provide enhanced police services during the term of this Agreement. 4 352 Attachment 2 For the purposes of this Agreement, the term "circumstances" shall include unanticipated absences due to illness, injury, personal emergency, and similar factors. The City agrees to assign Resource Officer(s) pursuant to this Agreement as soon as reasonably feasible. 8. Association Cooperation The Association agrees that it shall be solely and exclusively responsible, during the term of this Agreement, for guaranteeing that all its agents: (a) follow all lawful orders of any Resource Officer performing any duties under this Agreement; (b) fully cooperate with all Resource Officer(s) in providing any enhanced police protection services pursuant to this Agreement; and (c) conform their activities to comply with the terms of this Agreement, including, but not limited to, the understanding concerning City's independent status. 9. Indemnity The Association shall indemnify, defend with counsel acceptable to City, and hold harmless City, its officers, officials, employees, volunteers, agents and assigns (Indemnitees) from and against any and all damages (whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, including, but not limited to, injury to and death of any person and damage to property, strict liability, product liability, or for contribution or indemnity claimed by third parties (collectively "Liability") arising or resulting from or in any way connected with: (i) the operation of Association, its agents, employees, contractors, and/or subcontractors, in performing or failing to perform this Agreement; (ii) the failure of Association, its agents, employees, contractors and/or subcontractors to comply in all respects with applicable laws, ordinances and regulations, and/or applicable permits and licenses, and/or (iii) Association's ownership, operation, maintenance, control and acts or commissions of and in the areas it administers. Association shall not be responsible for Liability caused by the sole negligence or willful misconduct of City. 9.1. It is the intent of the Parties that, where negligence is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate costs of any loss, damage, expense, and liability attributable to the Party's negligence. 9.2.The Association agrees that it shall promptly deliver to City written notice and copies of any claim(s), complaint(s), charges, or any other accusation or allegation of negligence or other wrongdoing, whether civil or criminal in nature, that the Association becomes aware of which involves in any way City or any police officer. The Association agrees to reasonably cooperate with the City in any investigation conducted by the City into any act(s), work or performance of any Resource Officer in connection with services provided under this Agreement. 9.3. The provisions of this Section 9 shall survive the expiration or earlier termination of this Agreement. 10. Miscellaneous Provisions 10.1. Notices. All notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Parties in accordance with this Section either by (i) certified mail, return receipt requested, in which case notice shall be deemed 5 353 Attachment 2 delivered three (3) business days after deposit, postage prepaid, in U.S. mail; (ii) a reputable messenger service or a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such messenger or courier; or (iii) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received at the following addresses: City: City of Dublin Police Services 6361 Clark Avenue Dublin, CA 94568 Att: Captain Gosal Association: Wallis Ranch Owners Association 4159 Wallis Ranch Drive Dublin, CA, 94568 10.2. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California and venued in the County of Alameda without regard to principles of conflicts of law. 10.3. Severabilitv. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 10.4. Entire Agreement. This Agreement, together with Exhibit A and Exhibit B constitute the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto. This Agreement shall not be changed or supplemented orally and any amendment, modification, alteration or variation of the terms shall only be valid if such is in writing and signed, acknowledged, and approved by both Parties. 10.5. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.6. Waiver. Absent an express waiver, the failure of any Party to pursue any right granted under this Agreement shall not be deemed a waiver of that right regarding any existing or subsequent breach or default. No failure or delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of the other right, power, or privilege. 10.6. Successors. The Parties acknowledge that this Agreement shall be binding upon each of them and, to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors, successors, assigns, and all person acting by, through, under, or in concert with any of them. 6 354 Attachment 2 CITY OF DUBLIN WALLIS RANCH OWNERS ASSOCIATION By: By: Linda Smith City Manager Date: DUBLIN POLICE SERVICES By: Nathan Schmidt Chief Date: Association Board President Date: 7 355 Attachment 2 Exhibit A Services to be provided by the City The Role and Responsibility of the Resource Officers include, but are not limited to: 1. The Resource Officers shall patrol and enforce vehicle moving violations pursuant to the California Vehicle Code and Dublin Municipal Code on Association -owned streets as authorized by law for the benefit of the general public for no more than four (4) hours per week per Officer, in conjunction with the needs of Dublin Police Services. 2. The City will provide the Association statistics regarding the number of citations issued during the Resource Officers shifts and the hours patrolled pursuant to this Agreement. Additional information or statistics may be provided to the upon mutual agreement of the Parties. Such statistics shall be provided at the same time as the invoice for services and shall cover the same time period as the invoice for services. 3. The Resource Officer positions will be administered by the Dublin Police Services Captain. The Resource Officers will be supervised by the 'On -Duty' Watch Sergeant, who will report to the Captain and the Chief of Dublin Police Services. 8 356 Attachment 2 Exhibit B Rate Schedule The following rate schedule is the hourly compensation amount for a Resource Officer, as well as a Sheriff's Technician and Supervisor if deemed necessary. Annual rates are included in the City's Master Fee Schedule adopted by the City Council before the start of the new fiscal year. Should the hourly rate increase due to negotiated raises, an amendment in writing will be presented to the Association for approval. Dublin Police Services Hourly Rates for FY 2023-24: Sheriff's Technician: $110 Resource Officer: $220 Supervisor: $254 9 357 Attachment 3 PETITION OF WALLIS RANCH HOMEOWNER'S ASSOCIATION REQUESTING CITY ENFORCEMENT OF PRIVATE STREETS THIS PETITION OF WALLIS RANCH HOMEOWNER'S ASSOCIATION REQUESTING CITY ENFORCEMENT OF PRIVATE STREETS ("Petition") is dated this 14th day of, April, 2023. WHEREAS, California Vehicle Code Section 21107.7 allows a city to authorize that provisions of the California Vehicle Code be enforced on privately owned and maintained roads near or connected to public highways; WHEREAS, the planned roads within the subdivision known as Wallis Ranch are to be privately owned and maintained by the Wallis Ranch Homeowner's Association ("Association"); and WHEREAS, the Association submits this Petition to request that the City of Dublin, a municipal corporation ("City"), authorize the California Vehicle Code to be enforced on the Association's privately owned and maintained roads, which roads are shown in Attachment A, attached hereto and incorporated herein by reference, pursuant to California Vehicle Code Section 21107.7. NOW, THEREFORE, BE IT RESOLVED that this Petition was regularly introduced and adopted by the Board of the Association at a duty notified regular meeting held on the 15th day of, March , 2023. BE IT FURTHER RESOLVED, that the decision to file this Petition with the City was made by a majority of the owners of the Association, or by at least a majority of the Board, in accordance with California Vehicle Code Section 21107.7. BE IT FURTHER RESOLVED, that the Board finds that the privately owned and maintained roads shown in Attachment A are in proximity to public streets, roads and highways, and that by reason of said proximity, the interest of any residents residing along the roads and the motoring public will best be served by application of the California Vehicle Code to those roads. BE IT FURTHER RESOLVED, that the Association hereby requests that the City, by ordinance or resolution, find and declare that the Association's privately owned and maintained roads shown in Attachment A are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the California Vehicle Code to those roads. BE IT FURTHER RESOLVED, that the Association acknowledges and understands that the City may impose reasonable conditions and may authorize the Association to erect traffic signs, signals, markings, and devices which conform to the uniform standards and specifications adopted by the Department of Transportation and/or City regulations governing the same at Association's sole cost and expense. 358 BE IT FURTHER RESOLVED, that the Association acknowledges and understands that, upon enactment of the ordinance or resolution, the California Vehicle Code shall apply to the privately owned and maintained roads shown in Attachment A, if appropriate signs are erected pursuant to California Vehicle Code Section 21107.7. BE IT FURTHER RESOLVED, that this Petition is signed by all the members of the Board that are in support of the Petition and that the undersigned collectively constitute a majority of the Board. ki\P(1\ Preside tfif t Board Secretary of the Board Other Members in support of this Petition: Member'of the Board Member of the Board Member of the Board Member of the Board 5081768.1 Vice -President of the Board Member of the Board Member of the Board Member of the Board Member of the Board 359