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HomeMy WebLinkAbout1996-05-15 PacketDRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 1 The City Council convened at 6:32 p.m. in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken with the following Councilmembers present at roll: Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Horsley, City Attorney Rapport, Community Services Director DeKnoblough, Assistant City Manager Harris, Senior Planner Stump, Public Utility Supervisor Borecky, Planning Director Sawyer, City Engineer/Public Works Director Kennedy, and Executive Assistant Yoast. 2. Invocation/Pledge of Allegiance Mayor Schneiter read the original version of the Serenity Prayer and Councilmember Malone led the Pledge of Allegiance. It was noted there were no draft minutes of the April 17, 1996 regular Council meeting submitted, due to the City Clerk attending last weeks City Clerks Association of California annual conference. 3. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed read Government Code Section 1094.6 of the California Code of Civil Procedures. CONSENT CALENDAR M/S Shoemaker/Wattenburger to approve the Consent Calendar as follows; 4a. Adopted Resolution No. 96-58 making CEQA findings and adopted Ordinance No. 963 amending the Airport Industrial Park (AIP) Planned Development (PD). 4b. Awarded contract to Reuser, Inc. for wood and yardwaste removal at Ukiah Solid Waste Disposal Site for fiscal year 1996/97, and authorized the City Manager to execute a letter of agreement on behalf of the City of Ukiah with Reuser Corporation. 4c. Adopted Resolution No. 96-59 confirming appointment of John McCowen to Planning Commission, to fill the unexpired term of Brent Smith. 4d. Adopted Resolution No. 96-60 authorizing City Manager to sign access license granting access to facilities at Lake Mendocino Power Plant. 4e. Denied claims for damages received from Rebecca Garzini and Jess and Betty Freeman, and referred to City Insurance Carrier, REMIF. 4f. Approved Proclamation honoring Charles G. Myers on his Retirement from the Ukiah Unified School District. 4g. Received report regarding the purchase of a wall mounted total Residual Chlorine Analyzer. The motion was carried by the following roll call' vote: AYES: Malone, Wattenburger, Shoemaker and Mayor Shoemaker. NOES: None. Absent: Councilmember Mastin. 5. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No audience came forward. PETITIONS AND COMMUNICATIONS 7a. Receipt and Discussion of March 9, 1996 Memorandum from Richmond Sanitary Service The Assistant City Manager reported the March 9, 1996 memorandum Reg. Mtg. May 1, 1996 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 2 received from Richmond Sanitary Service has been provided to Council for discussion. Discussion ensued regarding options, due to recent litigation regarding the transfer station, waste stream volumes determine costs, timeframes, qualified companies, litigation timeframes, current bids received by Ft. Bragg and Willits and effects of the transfer station project. ?b. Receipt of Request to Film at the Civic Center and Authorization of City Manager to Negotiate Location Contract The City Manager explained the movie production company, Frightmare, Inc. has pulled their application since the preparation of the agenda, so this item is pulled. UNFINISHED BUSINESS Sa. Adoption of Resolution Approving Joint Powers Agreement for the Establishment of .the Mendocino County Inland Water and Power Commission Mayor Schneiter updated the Council as to what issues are coming from the Commission. M/S Shoemaker/Wattenburger to take no action on this item of business at this time. The motion was carried by the following roll call vote: AYES: Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. Bb. Approve Agreement for the Acquisition of Easement and Compensation for Severance Damages at 825 North State Street from Mr. and Mrs. Shoemaker by Reason of the State Street/Low Gap Road/Brush Street Improvement Project The City Attorney advised this item of bussiness will be addressed after deliberations in Closed Session. NEW BUSINESS 9a. Adoption of Resolution of Intent to Enter Continued Lease with California Department of Forestry Councilmember Wattenburger removed himself from this portion of the meeting as he is an employee of California Department of Forestry. The Assistant Redevelopment Director/Community Services Director reported on current negotiations and options available for siting new facility for the CDF, and subcommittee and committee meetings deliberations. He explained a Resolution of Intent from the City is needed by CDF to start their process. Council queried staff regarding lease details, condition of existing buildings, the wholesale lumber lease to the north, and preferred siting to the south. The City Attorney recommended wording changes to the proposed Resolution as follow; third line in fourth paragraph, change the word "with" to "provided" and on same line, change'the word of "and" to "are". M/S Shoemaker/Malone to adopt Resolution No. 96-62, as amended by the City Attorney, stating the City of Ukiah's intent to enter into a lease agreement with the California Department of Forestry. The motion was carried by the following roll call vote: AYES: Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin and Wattenburger. Mr. Cook Wattenburger requested the floor to address the Council. Mr. Cook Wattenburger praised the City for it's new Alex R. Thomas Reg. Mtg. May 1, 1996 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 3 downtown plaza. Council concurred and expressed their appreciation for his comments. Councilmember Wattenburger rejoined meeting at this time. PUBLIC HEARING - 7:00 p.m. 6a. Adoption of Resolution Adjusting Room Rates Charged by the Ukiah Valley Conference Center Councilmember Mastin joined the meeting at this time. The Ukiah Valley Conference Manager, Bruce Jenny reported as the rental room rates at the Conference Center were last approved in June 1994, he explained staff's proposal to adjust rates to cover costs of operations. Council queried staff regarding standard rates, non-profit rental rates, details of the daily rentals rates, possible 1/2 day rates, hourly rates, and costs for plaza management. PUBLIC HEARING OPENED - 7:12 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:13 M/S Malone/Mastin to adopt Resolution No. 96-61, adjusting room rates for the Ukiah Valley Conference Center. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None Absent: None. ' NEW BUSINESS (CONT.) 9b. Approval of Budget Amendment for Health Insurance Premiums and Authorization to Pay Redwood Empire Municipal Insurance Fund The City Manager reported after REMIF terminated their group health insurance program as of July 1, 1995, the Board of Director voted April 17, 1996, adopted refund and deficit rates for the closed health insurance program for each of its members. She explained the options presented by REMIF to the City of Ukiah to repay the City share of obligation as a participant in the REMIF health program. The Finance Director explained the financial details of the options presented. Council queried staff regarding refunds and balance due by members. M/S Malone/Mastin to approve a budget amendment for Fund #920 expenses of $170,237.The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 9c. Discussion of Community Attitudes Survey and 1996-97 Application Process for Grant Funding to Non-Profit Agencies The City Manager reported direction is desired from Council at this time in the budget preparation process, as to desired funding. After discussion it was the consensus of Council to not spend the money for the attitude survey, at this time. Council discussed grant funding for non-profit agencies. It was the consensus of Council to include some funding for the grant program and send applications to select groups that the City Council can support and then work it out after the budget hearings. ' Reg. Mtg. May 1, 1996 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 3., 3.996 Page 4 9d. Discussion of City Clerk Position The City Manager reported at the 1995/96 budget hearings last year a 4% cost of living adjustment was approved by Council with the direction to return back to Council the matter of fixed working hours for the City Clerk, noting the 4% has been in the City Clerk budget. She explained in 1993, the Mayor requested a determination from the City Attorney, if the Council could fix the City Clerk hours, and the City Attorney memo was distributed. The staff report stated the current office hours of the City Clerk is 21.5 hours per week which impacts staff and the secretarial pool, and indicated staff would like to include additional funds for secretarial support in the City Clerk budget, or could fund for part time help in this upcoming budget year. We have discussed deputizing a Deputy City Clerk, which could be Karen Yoast or another secretarial position. She indicated the City Clerk has requested a letter of her response to the staff report be read. Cathy McKay CMC/AAE, Ukiah City Clerk since 1988, entered the following into the public record: ] req,,es/ Ihe fo//o.'ing i/~/'malio/; be enlered inlo llw record, Io ct)ri'ecl Ihe ('lO, .tlq[f rq)orl u'rillen in mi' absence while ] was al/ending la.ti ,'eek 's ~mn,al CiO' C"lerk ('()lt/~'l'CiIcc. / i1'o.~ I'eCen'/ng 3,el anolhel' aWOl'd, IhLs lnlle ~'onl lhe Ci0, ('ler~ A~socialion ~f (~l(~)~'nia.~)r lhe "/~resi~&nl3' ~ ward qf Dislinclion /n Record~ Management" ] ~,'a.s' i~t~)i'med q~ ihl.s aRenda sufiiect iq)on mf check in cai/Io Ci0, HaH lasl Fridq~., morning, and ll/)on I'ettdln~ il on Mon~kt).', / ,m.¥l enler l/;~'.~;//OWill~ c/ar(fic'olion.% .~;r the pilh/Jc record. J. /he ('~0' ('ore,cT~ cq)/)i'oved o reduced cosl qf /iving .%a/a~T adfli.%imenl qf d~ al/asl 3,ear bll~&e/heal'lnA,.~ (reque.¥1ed amoiinl Opl)i'ox. 7. 3~, ,'a.~'./Oi' ( '/'/.fiX~ii'e.~'.fi'om 1990, which was lhe hl~'l ( 'O/.g [ldJll.%'llllelll /Il ('H)' (.'/ei'k .~'ah~r)'). /he ( 'iO' Maliogei' al Ihal Imm .¥1aled he ,'ouM bring Ihe moiler hock Io ('orated ,'ilh a l)i'()po.~'a/ lo.fix Ihe /mb/it houi's qf lhe ('il)., ('/ei'~ po.¥ilion. 7het'e i~'ct~' no Vole, ()l' d/;'eclJon.fi'om Com;c'd c'(mccrning lhe ('il)' g&moA, er'.~' addendmn, ./usl head nodding. ,~fier re~'ic'~' (tf Ihe fludgel heai'inR Icg)e, dmre u'a.~' no ~fii'eclion .fi'om ("ounci/ /o relm'n ,'ilh di.~c~i.¥.~'i(m (~f./ofl c'rileria or olher dulies pe;'linei~l Io ihe posilion qf Cil3, ('&;'k. Due Io the .~'ub.~'eq~wnl Iran.s'illon qf Ci0, Manoger'.s', Ihe C'OJ.g adflislmenl was never imp/emenled, ii~c/uded in lhe fino/ Ci0, Clerk depai'Imenl b~idgel.figm'es, even lhough il does nol cover cosl li~'ing inci'ea.~e.~ since/990. ~ 2. ('in' 3.1alf inco;'t'ecl/), stales] an; averaging 2]. 3 ho~inv per ,'eek wilh mcorrecl working how'.% comp/em u,ilh hourly ana~tvi.~ and comt~risol~ qf an hom'/3, tale qf pa3, !o olher Ci0, qf Ukiah t, lll/)/ql't,c.%'.; / El/Il (llll(ItCd I/;(ll ilo ()lit' COl'l'Cc'l/)' ~/lOIl'.¥ I1'/1(11 m)' pufl/ic' qffic'e hom'.~' are, or a.~'~'ed.~)r I/~e.fi~,m'e.~./)'om mr dai/i' work fl)g. Il is commoii ~'l~)i~'/e~&e Ihal mfl, c'lll'i'enl lmbh'c q(f)ce hoin'.~ are .g'om 8.'30 Io J:O0 p.m., a// da), on .~gend~ ~;'id~t):~, and ('ounci/ meeling.~'. ~he ~e are on/)' houi'.~' ~,'here / am readi/), m'ai/ab/e ~o Ihe pub~it. [br example, ] have bid opening,s' on Tuesdq~, qflt'l'llOOll.~. 7here are man3, da),s ,'here / ,'oi'k flmger, earlier, weekend% holida3.s, at m3' home ~?[Dce [ntd ~, bile .~vck. / do nol .~'ee lhe .~'ome /imiled lime / om in nU, q[fice (d which im~7)Oi'lin,~ Io be a cm'renl and on gol'ng i.~.¥tie; a.s' evi~&l;ced b), Ihe.~//owing n~)rmalion~'om m dclJ~l' irol'A'/o~.¥ .%'l'nc'e .June/3, YEAR 1988 1 989 1 990 1 991 1 992 1 993 1 994 1 995 tO 1/2 d8 te Ave .35.8 33.2 39.42 38.96 38.52 35.44 32 30.25 Week 3 Off. Hfs Sal. $15K $15K $18,6 $18,6 $18,6 $18,6 $18,6 $18,600 Press Democrat July 9, 1994, Knight-Ridder Newspaper, "According to the consumer price %ndex, which tracks the prices of a broad range of goods and services, a product worth $1 in 1988 would have cost $1.25 in 1994." 2See five attachments for information regarding current levels of City cf Ukiah employees salaries. Reg. Mtg. May 1, 1996 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 5 7his resl,lls ill all hourly tale o. f pay range these/)asl eighl years from $8.05 lo S11.84 per hour for lhe part-lime ('ily Clerk/)os/l/oil. J ] aln m~l re.v~a.sible for de~i~aling this pos/lion as part-time, i/t .fact the record shows / have to. tim/a/l), a.d fi'uit/essly as~ed.~r the City Clerk deparnne/~t head posttio/~ to be made fid/time with a comparable, /n.,ing .'age to encou/'oge elected (Terk /o be h~gh/), skil/ed educated a.d trained (70, Cle/'t I have attempted to comply with CiO' imposed/tort-time n'orM.g u.'eek/y hottt:~ of 20 to 32. ~9, predecessor'.~ CiO, Clerk office hours were on~r 16 homw per week and had to .,ark a second job, and my q//es/ton .ow is. "why is City stq[f a.d or ()mnci/ ratsi.g this isstte .ow in m), ten.re, and. fi>r on~, a simple cost qf livmg sa/atT a~fltslmett[, which i.~' us.aJJy atttomalic w/ih all other governmental positio.s ¢" 7he Iow part-time level gf .~h.), i.¥ in.vt/fi'ed by Ci0, stq[f aiut Ci0, ( 'ounciJ l)e~:~.oiml replies o~' "It's because you are elected" 7his is illogical, (f m~t th'.~'crimi.alot3,' a.v there are many go~ elected CIO., Clerks who make a decent living .'age, a.d ai'e fine example,, ~prq/~..,sioi~al~ in the Municq~al Clerk fiel~ such as ~.gela Petetz~on in Soitlh J~e Tahoe, Norma Robi..~'on, curl'e.t CC~C President, CiO, Cler~ of 7}~. a.d Carol Cou'le), i. Gal/. lhere are aA'o it~fet'ior Mnnicipal Clerks' .,ho are appointed and are h~gh/), paid ami qf cottl:ge o Joi~u roitge in between. Ci0, ('oitilciJ has i.dicated i. the past, they do not wish to set area. wmah/e, comparable 3'ajar>, .~)l' the CiO, ('Jerk l~ositio., h~divid, aJ ()~tincih~1etnber., have stated to 1~1e that "D)it are j//si like t/s, 30 wh), shottht ),ott be paid more. "It i.v mlere,vliltA. Ia hole 11o o.e e/se con.¥ider.~ raj' p(~,vilioi(flt.¥1 like (~tlllcJJ. 7he prior ] 989 direction .fi'om (~)ttllci[ Io CIO., slqff lo Jilt'bide the po.~JlJoit qf ('JO' ( 'ler~ i. the (~ity.'ide salary ckrv,~?ficotion, .'ax com,ementb, I[.~ out qf the .~'ttrve),. 7he .vnJ~jecl never .'a.~ addi'e.s:¥ed ~), Council, ~nd the Ad-Hoc commiilee.fi~rmed /~1' (bn.cil comprised qf . hm grit,tin and Ma),or 3Z'hneiter to addres, s' m), proposed Oi~tinance . hwh created incentii,es fi~r a proA..~.Wo.al elected (70, Ciera died in committee. Mol'or &hneiter ~hd like the idea O(fit/J lime hom:, ;?f operotioir~. /br a (70, ('/erA' o fearn'se with no saJa~y illcl'eo.¥t'. ' ' ' ' ' ' · 3. (70' stq[F.~' complaiitl in thi~' .¥1q[f rej)orl, where the limited time ihe ('70, Clerk is m her q[/)ce, i,~ Int~tthSlallliated, and in.loci horder.5 oH .vklildel'. A.I), 30 hot/rs per .'eek i.~' consistent in co~)rmance n'ith (~iO. part-time policy. J wottM Jove lo ha~'e my own stqff in the CiO, Clerk dq)arn.en[. ,¥o I am nol.~rced to ask.fi~r (}ther.¥ aq'.vi.~ioiwe, but aAtain u,hen ! bring the .wtl~ject up, [ recen'e the objection ')'oil can't hm,e .vlqf/'because ),tilt are elected "Fbr the past eight years I have h~td Io n'oi.k while ,vicA. deb.gate ~fiili'e.q' Io other deparlmelH.v .s'tq[f while on vocatio, or away Oll ( 'ii1'/>lt~'J/k'.~3'. l/ix IlllC'On~fill'laJ>& IIO1 /R'IVilI~ n{l' OWl! It'{lined ]}c7111(1' ('JO., ('lerk ill the ('70, ('lerk ~A'pOrll.e/ll. Il creole.~ g/'eal /iahl/lO..~/. the ( '111' a/Id II[l'.~'e([ h/ti / can't he/here oil the It/nc, i~or .~'ho//h[ ]/~c expected to. in th/x /x~/./ lime posit/oil. ~t tx hal a vohm/eer po.W/ion, nor sba/tM it be ever be, ~,'ilh lhe /ega/ /'e.~[~o/~.~ibihties and expe/'l/.~e req/t//'ed A.~V.~/'.¥l /'e.v~on.¥ihi/iO, i.~ to and lhrt~ mai' i/Ichldc, i~ 'orkHIg o .~'econd ]oh Ia ~'de[) Iq) i~'l'lh Ihe c'o.~'/~ff[il'ill~ and a g/'o.'i/~g.famil),. 1~ at~l~ec,'.s' ( 'il)'.~'/Off u,/.~.he.~, la fix n[}' q/~ce hOlll'.¥ lO fit///i/ne, .'ilhonl m v illpl/l. ] have prq[erred to tuft lake h.wh, os / am the on~l' depal'llllelH head in (70' Hal/d/irmA;/nnch Io handle si/ltalioll.v /'eqUil'lng deportment head oclto., and ] do.'l lake break.~'. /:)'an~/),. the n'o/'~ i. the Ci0, Clerk dq~armw/zl i,~ hare/)' geltmg, throe, e.rce//e/we ca~ /u~ /anger he occomp/i.q'hed, contimto/ e[ect/'ica/ · ¥n/g~'/~/'oblem,¥ ill the ARM O/S ha.¥ created a n'ememtotr~' .~'cmmi.g backh>g. Z/though ] have recen'cd.~t/u/ing.~r training ]/'ecen'e no ()m/~ci/ or ,*tq[f a/~precialton or grolimde received.~r the ac'comp/i.~h/.e/~t.~' ] have obtai/md It w~pea/t~' the team q'[~/'l i.~' brea~mg &m'n on the admmistrallo/~ x/de ~[ ( 'l0, Ha/i, .'ilh staff beta/ntiS/. }l'hi/e ] o/'tgi.a/(y /.eq/tesled Ihe 1995 96 ('0].~ ixwte implemented and agreed lo disclt&~ how the ('ltl, ~{ 1 &ioh couht .~'ll'llClllre the e/ecled ('i(l' ('/el'~ posit/oil, ! was m)t o.'are ~ CtO, propo.~a/ Io/~ig. hl, and am oppa/[ed at lilt,/lOll-iiCI/Il'ti/.~la/we n'hlch /'eeks q[ co/h~ho/'alio.. The ~[ ~ /~'l~l/1 ileed~ Ia co/Il/lille Ia provide i//ce//I/~'e.~.fi~/' ( '11)'( '/e/'~' II'ttlll/llg Io /)/'ovldc' the and s~'i/A' req/m'ed fi~/' this highly techmcal .v~ecia//zed prqA..r~ion, (which camu~t be obtained t/ntt/ becoming o ('i0., Clerk), to et~cou/'age higher education, and pro~,ide pe~:~rmance pay criteria. r~' tnte/'e,~li/~g to .ale how read), (70, stqff i., to recommend deleting ali qfficia/ trai.i.g (criteria oh/anwd .~. cerH/icalio~0 .~. the elected (70, Cler~ positio/~. Ih/'augh the combmatio/~ of pr~?~..t.~io/~o/ a/~d college e~htcalio/L ~/' .,hich ] ha~,e incrn'red /nq/o/' e~7~en.~.e.s.' the citizem' qf Ukiah have be/~q~t/e~(~'on/ m)' experlr~e, k/um'/et¢e, de/erminot/tm o/rd inle,q=/.iO, u'hi/e .'orkmg inside qf (70' Hall. hot thai ~q~/~orltt/liO, ] om deep/), .q~'ot~t/ to the citizens q/I/kiah, i have served Ukiah li~'o.~t/[ It, l'lll% ami have &me il lo the he.~'t Ia Ili1' abilities gn~,en the co/r.~'n'ai.tx / .'as.faced wilh, and am proltd tho/] n'a.~' able lo .wtrvlve itl thc t~'nt/re qf.~nt/' (70, Manager& [ om g/'atc~d.~r the Colt/~cihne/nhel:, u'ho ho~'e xW~ported my q[~rts o.d my h/ghO, cra,e/ed ~ RM O/S .~>,.v/em, ~ ~,,hich Ihe3'.~pom'ored ] am most gral~fit/ ~t' the .vtq~por/ q/m)' peens' ('(Hi/!O, ('/el'k A~a/:~'ha }~ltllg, COIiI1 Clerk qf the Board.h>yce Beat;~ ~'urre.t and pm't CtO, (Terks qf ~il/i/s, Ft. Bragg. a.d Pt. ~rena t/nd al/qfnt9, men/ors a.d fi'ie/~d~' i. the ~ttnJcq~a/ ( '/e/'k.fieht /hove/'eoched the poi/l/.,here i~ttt.~'l protect m)~¥e(f o.d /~t~ fomi/~.~'otn dttre3:~'. ] crtH Ito [ot~ger be prodt,ctive i. a s. bversn,e enviromne.r ] u'ish the City ~ Ukiah admi.i.,tration the best qf wishes m the d~fficuit times fast oppr~chntg. I sincerely e.courage ottr ctPzem' to become mo'e pr~ctive i. their i~a/ governn;ent. 3See attached International Institute of Municipal Clerks 1993 Salary Survey Reg. Mtg. May 1, 1996 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 6 as lhe Cit>, Clerk position is more at risk now, than ever be. fore, e~vn with all odf my pa$l e~.forts. Cit. v Clerk Hal#e Tillotson retired in ]979 .,ilh the g?'eat qt~ole, "! have had eno.gh oJ'this~m", so m her honor, ! concur. Hu! itt addiiion ! .'ill .~ay "£ven though ] ~m leaving Ibc l)O.~'ilJon ~.~' lite CJI)' Clerk ~ Ukiah, please Jmo.' lhal I am walking .for,,~v'd; Ihcre. but for Ihe g'race o. f god. ~,o I." Councilmember Shoemaker stated that as he did not hear the word resignation he hopes there is still time to negotiate with the City Clerk to staff and indicated he hopes I would fill out the term to November. Mayor Schneiter commented he did not expect this and suggested this matter be tabled for further discussion. Councilmember Wattenburger stated he concurs to table this matter due to length of the City Clerk's letter. Mayor Schneiter questioned the City Clerk as to intent of leaving and if there is a date and time. Councilmember Shoemaker commented the City Clerk has not included a date and time for a reason, so we should not press. He asked the City Clerk if there is a chance that she will consider staying, as he would not like not to see her go. The City Clerk indicated she does not wish to delay, as her primary concern now is for herself and her family. The City Attorney indicated a date and time is needed for a legal resignation as it sounds like she will not consider staying. Mayor Schneiter requested the City Clerk to work with the City Attorney and City Manager to develop a date and time. Councilmember Shoemaker stated it is unfortunate that the City Clerk feels she must leave to protect her self and family, and expressed his personal apology for these issues to have pushed her into a corner, with her seeing no way out, except to leave. M/S Mastin/Wattenburger to table this matter at this time. The motion was approved by consensus of Council. 10. CITY COUNCIL/REPORTS Councilmember Mastin - Informed Council he was late due to a meeting in Ft. Bragg today. Councilmember Malone - Reported he attended the Sewer Treatment Plant dedication. Councilmember Wattenburger - None. Councilmember Shoemaker - None. Mayor Schnieter - None. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS None. CLOSED SESSION Council went into Closed Session at 7:42 p.m. 12b. As per Government Code Section 54957 - Public Employee Discipline/Dismissal/Release Councilmember Shoemaker left Closed Session at 8:45 p.m. 12a. As per Government Code Section 54956.8 - Conference with Real Property Negotiator Regarding 825 North State Street Property, for Right of Way Acquisition from R. Shoemaker Parcel Council came out of Closed Session at 9:14 p.m. Reg. Mtg. May 1, 1996 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 7 The City Attorney announced no action was taken on 12b. M/S Wattenburger/Malone to approve the agreement for acquisition of easement for Shoemaker property with the following changes to the agreement; 1) Delete paragraph P., and 2) Modify paragraph L to "City to pay 1/2 of any foundation cost with City share of costs not to exceed $1,000. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent: Councilmember Shoemaker. ADJOURNMENT There being no further business the meeting was adjourned at 9:14 p.m. CCMIN.229 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. May 1, 1996 Page 7 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 15, 1996 6:30 p.m. . Roll Call Invocation/Pledge of Allegiance Commendation/Proclamation i. Commendation Honoring Don Denham on His Retirement ii. Proclamation Regarding Russian River Run Day - Sune 2, 1996 Approval of Minums i. Special Meeting of April 17, 1996 ii. Regular Meeting of April 17, 1996 iii. Regular Meeting of May 1, 1996 RIGHT TO APPEAl. DECISION Persons who are dissatisfied wflh a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of thc California Code of Civil Procedure which generally limits to ninety (90) days thc time wifl~n which the decision of thc City Boards and Agencies may be judicially challenged. CONSENT CAI.ENDAR The following items lis~ed are considered routine and will be enacted by a single motion and roll call vote by the City Council. II~ms may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which ever~ the i~em will be considered at the completion of all other items on thc agenda. Thc motion by thc City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approve Report of Disbursements for the Month of April 1996 b. Adoption of Resolution Declaring Results of the Special Municipal Election Consolidated with the Direct Primary Election of March 26, 1996 c. Deny Claim for Damages Received from Paula Shermcr on Behalf of Christopher J. Shcrmcr, and Refer to City Insurance Carrier, REMII~ d. AWard Contract to S.D. Meyers for Disposal of Transformers for $4,700.77 c. Acceptance of Resignation of City Clerk, Effective May 24, 1996 f. Adopt Resolution Authorizing Signatories on City of Ukiah Bank Accounts g. Rescind Award of Contract to Rouser, Inc. for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site and Direct Staff to Solicit Bids Pursuant to thc Municipal Code The City of Uklah complies with ADA requirements and will attempt to reasonably accommodate Individuals with disabilities upon request . AUDIENCE COMMENTS ON NON-AGENDA ITEMS Thc City Council welcomes input from the audience. If there is a matter of business on the agenda that you arc interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. . PUBLIC HEARING - 7:00 p.m. a. Adoption of Resolution Adjusting Fire Prevention Fee Schedule b. Adoption of Resolution Approving Lease and Sub-Lease Agreements to Refinance Greater Ukiah Senior Center Offices e UNFINISHED BUSINESS a. Discussion Regarding Reconsideration of Demolition Permit Application for Structure Located at 400 East Perkins Street 10. NEW BUSINESS a. Selection of Alternate Board Member to the Redwood Empire Municipal Insurance Fund (R.EMIF) b. Discussion Regarding City Treasurer Position and Appointment of Interim City 'Treasurer c. Introduction of Ordinance Amending Section 3704.6 of the Ukiah City Code, Sewer Regulations d. Adopt Resolution Accepting Certain Real Properties from the Ukiah Redevelopment Agency e. Discussion of City/Chamber of Commerce Activities f. Award of Bid for Annual Diesel Products at Various Locations of City Facilities 11. 12. 13. 14. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION (None) ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. The City of Uklah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request This City of Ukiah Commendation is presented on this 15th d :Mo4t, 1996, to: DON DENHAM In appreciation for 25 years of dedicated service to the City of Ukiah. ~tn~e joining the City in May of 1971, as a ~enlor Equipment being promoted to Equipment Maintenance Supervisor in September 1979. Your hard work, ~ cheerful manner, and ability to overhaul an  engine with a co.~ee cup in one hand, saw you through the many years. You have been involved in innumerable projects; however, two of the most noteworthy City accomplishments in which you played a vital role are: · Design and layout for the new City Garage facility Your tenure at the Oaraye has exceeded that of all other employees Bob Myers, and Rick Smith, who were fortunate enough to work along.vide you; and Dave Burnhm and Gary Smith, who remain at the C, arage trying to flll your shoes. NOW, ~ ~, Fred Schneiter, Mayor of the City of Ukiah, on beha~ of my fellow City Councilmembers, Richard Shoemaker, James Wattenburger, Sheridan Malone, and Jim Mastin, and the people of the City of Uktah, do hereby commend you, Don Denham, for your exemplary commitment to the citizens of Ukiah while performing your duties as a well-respected employee of the City of Vktah these past 25 years. Fred ~chneiter, PROCLAMATION The eighteenth Russian River Ran will take place on Sunday, June 2, 1996. This event attracts people from our area and throughout the state. The previous seventeen runnings of this event have served to benefit many community-based erl3anizations in the Uktah Valley area. This year the benej~ciaries of the Russian River Ran are Hospice of Ukiah, Uktah Community Center, Uktah Friends of the Library, Ukiah High Track and CYoss Country, and the Wlllits Friends of the Library. These organizations are dedicated to helping people lead better lives and provide many beneficial services tO the community. The Russian River Run is made possible by the energy and dedication of volunteers whose interests are in maintaining an event that provides many benefits, including the physical well-being of the participants and intangible social and economic benrJ~ts to the community, not the least of which is the wonderful spirit of those who rise before the sun to share in the festive mood of the Russian River Run. Th/s gear's sponsors are Hea/th P/an of the Redwoods, Ukiah Valley Medical Center, Friedman Brothers, Westamerica Bank, and Fac~ P/p~ -who have stepped forward with l~enerous donations to secure the nece-_~_~ities to put on this special event. NOW Tme~OR~, ~, Fred Schnoiter, Mayor of the City of Ukiah, along with my fellow City Councllmembe~, Richard Shoemaker, Jim Wattenburger, Sheridan Malone, and Jim Masttn, do .hereby proclaim June 2, 1996, as RUSSIAN RIVER RUN DAY and urge all cit/zen~ who can to part/c/pate and be a part of the festivities. MEMORANDUM DATE: May 10, 1996 TO: FROM: SUBJECT: Honorable Mayor Schneiter and Members of the City Council Candace Horsley, City Manager Minutes of the April 17, 1996 Regular City Council Meeting Due to the City Manager's office not receiving the subject minutes from City Clerk Cathy McKay until late Friday afternoon, May 10, 1996, they were not ready for final printing at the time the Agenda went out. They will be hand delivered to Council the early part of next week. Thank you. CH:ky 4:Sec:MCC ITEM NO. 6a DATE May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF APRIL 1996 Payments made during the month of April 1996, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 76472 to 76876 Payroll check numbers: 65859 to 66271 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of April 1996. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kimberly Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements Candace Horsley, City M~ager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF APRIL 1996 Demand Payments approved: Check No. 76472 to 76876 inclusive. FUNDS: 100 120 150 141 142 2OO 22O 23O 26O 3OO 312 32O 332 335 405 410 550 575 600 618 611 612 620 650 660 General Fund Capital Improvement Civic Center Construction Museum Grants National Science Foundation Asset Seizure Fund Parking Dist. Rev. Fund Parking Dist. #1 Rev. Fund Downtown Business Improv. Gas Tax Airport Master Plan Grant Airport Clear Zone Fund Federal Emergency Grant Comm. Dev. Comm. Fund Youth Services Ukiah Conference Center Fund Lake Mendocino Bond Garage Airport Flood Damages Sewer Construction Fund City/District Sewer Special Sewer Fund (Cap Imp) Spec San Dist Fund (Cap Imp) Sanit. Disp. Site $108,823.97 $91,796.33 $2,000.00 $245.07 $9,330.15 $339.82 $254.50 $1,930.00 $4,311.19 $7,762.00 $45,582.60 $26,850.95 $39,744.93 $41,408.63 ($21,136.39) 662 663 665 67O 675 678 68O 693 695 696 697 698 8OO 805 820 920 910 900 940 950 960 962 965 966 310 JPA/LTF Fund Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Liability Fund Worker's Comp. Fund Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Special Aviation Fund PAYROLL CHECKS NO. 65859 to 66060 PAYROLL PERIOD 3/24/96 to 4/6/96 PAYROLL CHECKS NO. 66061 to 66271 PAYROLL PERIOD 4/7/96 to 4/20/96 TOTAL TOTAL TOTAL DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on $298.89 $130,030.03 $1,453.29 $2,225.70 $2,569.64 $43,743.73 $9,867.60 $576,846.96 $8,108.81 $28,265.46 $44,176.63 $19,907.72 $412.94 $24,715.33 $25,125.97 $1,276,992.45 $147,679.45 $344,672.73 ,769,344.63 City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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[.... 0 0 00000 00000 00000 00000 00000 O0 O0 · ~0 OOZ ooo ooooo ooooo ooooo ooooo ~oo~ ~oo~ oooo~ oooo~ HHHHH u Z 0 ~O O~ > Z~ 0 O0 ZZ O~ 0 ZZZZ 0000 Z~ [~o (D · o ~ 0 o O~ ~0 ~ O~ ITEM NO. 6b DATE' May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION DECLARING RESULTS OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE DIRECT PRIMARY ELECTION OF MARCH 26, 1996 Attached for Council approval is the County Clerk/Recorder's Certificate for Result of the Canvass of the Special Municipal Election of March 26, 1996, along with the Official Statement of Votes Cast at the Presidential Primary Election, March 26, 1996. For the record, it is appropriate at this time to receive and approve this information by adoption of the attached resolution. RECOMMENDED ACTION: Adopt Resolution Declaring Results of Special Municipal Election Consolidated with the Primary Election Held on March 26, 1996 ALTERNATIVE COUNCIL POLICY OPTIONS' 1. N/A Acct. No. (if NOT budgeted): N/A Acct. No.: 100-1105-250 Appropriation Requested: (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Karen Yoast, Executive Assistant/Deputy City Clerk Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution 2. Certificate of County Clerk 3. Statement of All Votes Cast 4. Resolution No. 96-20 APPROVED: ~_~a~ce Ho~sley, Cit! Manager 4/Can:ASRVote 1 RESOLUTION NO. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING RESULTS OF SPECIAL MUNICIPAL ELECTION - MARCH 26, 1996 WHEREA~, the information presented to the City Council indicates that Notice of Election was fully and legally given, that voting precincts were properly established, and that in all respects said election results were received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State of California providing for and regulating Municipal Elections in cities of the General Law Class, and WHEREA~, the City Council of the City of Ukiah has reviewed the returns from the March 26, 1996 Special Municipal Election based on the ballot count provided by the County Clerk of Mendocino County pursuant to Resolution No. 96-20 of the City Council of the City of Ukiah, and WHEREAS, subject to receipt of the "Certificate of County Clerk to Result of the Canvass of the Special Municipal Election Consolidated with the Direct Primary Election March 26, 1996," as a result of said count and review that the number of votes cast, and other matters as required by law are as hereinafter stated. NOW, THEREFORE, the City Council of the City of Ukiah does hereby resolve, determine and declare as follows: That the Special Municipal Election was held and conducted in the City of Ukiah on Tuesday March 26, 1996, in time, form and manner prescribed by law; IT IS FURTHER RESOLVED, that at said Special Municipal Election held in the City of Ukiah, March 26, 1996 the following 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determinations were made by the electorate- MEASURE A- The office of the City Clerk shall remain elected. MEASURE B- The office of the City Treasurer shall remain elected. PASSED AND ADOPTED this 15th day of May, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST' Mayor Fred Schneiter Deputy City Clerk Karen Yoast CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE DIRECT PRIMARY ELECTION MARCH 26, 1996 STATE OF CALIFORNIA COUNTY OF MENDOCINO ) )ss ) I, MARSHA A. YOUNG, County Clerk of said County, do hereby certify that I did canvass the returns of the vote cast in the Special Municipal Election held March 26, 1996, and consolidated with the Direct Primary Election, in the City of Ukiah, and that the Statement of the Vote Cast, to which this certificate is attached, shows the whole number of votes cast in each consolidated precinct in said District and the totals shown for and against each measure are full, true and correct. WITNESS MY HAND AND OFFICIAL SEAL this 15th day of April, 1996. (SEAL) MARSHA A. Y~qG // County Clerk-R~Srder **** OFFICIAL STATEMENT OF VOTES CAST AT THE PRESIDENTIAL PRIMARY ELECTION~ MARCH 26~1996 **** CITY OF UKIAH MEASURE A MEASURE B Page N~T~e r 47.963.001 R T 1 S B S B E U U H E H E G R R A A I N N L A L A S 0 0 L P L P T U U P p E T T C 0 C 0 R I I I I E P T N T N D E Y T Y T R E E V C C D T D 0 E L R T N E E E T R A R A K S S G E Y Y E N E N S 0 CONSOL. PREC. NO. 200001 517 178 34.4% 73 91 65 100 CONSOL. PREC. NO. 200002 664 272 40.9% 96 147 95 152 CONSOL. PREC. NO. 200003 624 289 46.3% 105 157 10~ 160 CONSOL. PREC. NO. 200004 90C 392 43.5% 177 18~ 169 200 CONSOL. PREC. NO. 200005 81~ 42; 51.5% 214 16~ 20~ 181 CONSOL. PREC. NO. 200006 81C 33~ 40.9% 150 15C 14~ 155 CONSOL. PREC. NO. 200007 66~ 32~ 49.1) 153 148 151 150 CONSOL. PREC. NO. 200008 69~ 395 56.5% 204 16; 195 17~ CONSOL. PREC. NO. 200009 782 32~ 41.6% 132 157 13C 157 CONSOL. PREC. NO. 200010 716 325 45.3~ 143 15a 13~ 165 ABSENTEE GROUP 002 C C 0.0~ 0 0 C 0 ABSENTEE GROUP 004 ~ 712 0.0~ 271 320 256 34' CONSOL. PREC. NO. 999101 5 C 0.0~ 0 0 **** T 0 T A L S **** 7205 3972 55.1) 1718 1847 165' 193~ -- -- SUMMARY **** OFFICIAL STATEMENT OF VOTES CAST AT THE PRESIDENTIAL PRIMARY ELECTION, MARCH 26,1996 **** CITY OF UKIAH MEASURE A MEASURE B >age Number 48.1863.0C R T T S B S B E U U H E H E G R R A A I N N L A L A S 0 0 L P L P T U U P p E T T C 0 C 0 R I I I I E P T N T N D E Y T Y T R E E V C C D T D 0 E L R T N E E E T R A R A K S S G E Y Y E N E N s o S 0 Total Votes Cast 7205 3972 55.1% 1718 1847 1651 1933 Legislative Districts 1st Congressional Dist 7205 3972 55.1% 171E 1847 1651 1933 2nd State Senator Dist 7205 3972 55.1% 171E 1847 1651 1933 1st State Assembly Dist 7205 3972 55.1% 171E 1847 165' 1933 ~upervisoriat Districts 1st Supervisoriat Dist 5 0 0.0~ C 0 0 C ~nd Supervisoriat Dist 720~ 326C 45.2% 1447 1527 1395 1592 ~rd Supervisoria[ Dist C C 0.0~ C C 0 0 ~th Supervisoriat Dist C C 0.07 ~ C 0 O ~th Supervisoriat Dist C C 0.0~ ~ C 0 C 4unicipalities Fort Brag9 ~ C O.OX ~ C 0 0 Point Arena ~ C O.OX ~ C 0 0 Ukiah 7205 326C 45.2~ 1447 1527 1395 1592 Wiltits 0 ~ 0.0~ 0 ~ 0 0 Unincorporated 0 ~ 0.0~ 0 C 0 0 Unapportioned AVs 0 712 0.0~ 271 32~ 25~ 341 Check Total 7205 397; 55.1% 1718 1847 1651 1933 Votes Cast at Polls 7200 3260 45.2% 1447 1527 1395 1592 Rbsentees 5 712*****% 271 320 25~ 3411 3VERALL TOTAL 7205 3972 55.1% 1718 1847 1651 1933 ,,, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING SPECIAL ELECTION, CONSOLIDATING SPECIAL MUNICIPAL WITH PRESIDENTIAL PRIMARY ELECTION, APPROVING AGREEMENT TO PROVIDE ELECTION SERVICES, PRESENTING BALLOT MEASURES TO MAKE CITY CLERK AND CITY TREASURER POSITIONS APPOINTIVE RATHER THAN ELECTIVE, TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS, AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES WHEREAS, 1. The City Council of the City of Ukiah has determined pursuant to Elections Code Section 2560 to call a Special Election for March 26, 1996, to consolidate the Municipal Election with the Presidential Primary and to contract.with the County of Mendocino to conduct the election on the City's behalf; and 2. The City Council has determined to Present two propositions at the Special Election to make the City Clerk and City Treasurer positions appointive rather than elective; NOW, THEREFORE, BE IT RESOLVED that; 1. A Special Municipal Election in the City of Ukiah is called for March 26, 1996. 2. The Special Election is consolidated with the Presidential Primary for 1996. 3. The Mayor is authorized to sign on behalf of the City, the Agreement between the City of Ukiah and Mendocino County for Election Services, a true and correct unsigned copy of which is attached hereto as Exhibit A and incorporated herein by reference. 4. The following two ballot propositions shall be presented to the voters at the special election: MEASURE A Shall the office of City Clerk be appointive? /, /Yes /, /No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEASURE B Shall the office of City Treasurer be appointive? / / Yes / ,/ No 5. The city Clerk shall transmit a copy of the ballot measures set forth in paragraph 4 to the City Attorney for the preparation of an impartial analysis as required by Elections Code Section 5011. 6. The City Council shall file ballot arguments in favor of the ballot measures set forth in Paragraph 4 as contained in Exhibit B which is attached hereto and incorporated herein by reference. If any argument is submitted in opposition to the measures, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections Code Section 5014.5. PASSED AI~D ADOPTED this 4th day of October, 1995, by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter NOES: None ABSENT: Councilmember Wattenburger Fred Schn~iter, Mayor ATT~/T?. ' ~' -I ' ' / cathy 7'KAY' ci7 Clerk ITEM NO. 6C DATE: MAY 15, 1996 AGENDA SUMMARY REPORT SUBJECT: DENY CLAIM FOR DAMAGES RECEIVED FROM PAULA SHERMER, ON BEHALF OF CHRISTOPHER J. SHERMER, AND REFER TO CITY INSURANCE CARRIER, REMIF The claim from Paula Shermer, on behalf of Christopher J. Shermer, was received by the City of Ukiah on April 26, 1996 and alleges damages occurring from a vehicle/pedestrian accident on December 4, 1995. Pursuant to City policy it is recommended the City Council deny the claim and refer it to REMIF, the City of Ukiah's insurance carrier. RECOMMENDED ACTION: Deny Claim for Damages received from Paula Shermer, on behalf of Christopher J. Shermer, and Refer It to REMIF, the City's Insurance Carrier. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A Yes Claimant Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Claim of Paula Shermer, on behalf of Christopher J. Shermer, pages 1-2. APPROVED: ~ '~~-~. Candace Horsley, City n/~nager mfh:asrcc 51596CLAIM TO: City Clerk of the City of Ukiah 300 Seminary Avenue Ukiah, CA 95882 RE: CLAIM AGAINST CITY OF UKIAH, COUNTY OF MENDOCINO, CALIFORNIA RECEIVED CITY OF UKIAH APR g 6 1996 CITY CLERK DEPARTMENT Paula Shermer on behalf of her minor son, Christopher J. Shermer, hereby makes claim against the City of Ukiah and makes the following statement in support of claim. 1.) Claimant's attorney's name and address is as follows; Richard A. Knox, Esq. Post Office Box 2980 Ukiah, California, 95482 2.) Notices concerning the claim should be sent to claimant's attorney at the above stated address. 3.) The date and place of the incident giving rise to the claim are as follows; A.) On or about December 4, 1995, the incident occurred, B.) At, within or near the crosswalk located at South State Street and Freitas Street. 4.) The circumstances giving rise to this claim are as follows; At the above date and place, the minor, Christopher Shermer was using the above- mentioned crosswalk when struck by a vehicle. The above-mentioned crosswalk was poorly marked and there were no signs warning traffic of the crosswalk, thereby not meeting recognized State standardS for the marking and warning of crosswalks. The crosswalk was also poorly maintained. 5.) As a direct and proximate cause of the City of Ukiah failing to properly maintain the crosswalk and failing to meet recognized State standards for marking crosswalks and giving warning to traffic of the crosswalk the minor suffered physical injuries as well as pain, suffering and emotional distress. 6.) The minor's claim as of this date, is in an amount that would place it within the jurisdiction of the Superior'' Court of California. However, due to the minor's age and the possibility of future medical treatment and costs the damages can not be accurately ascertained at this time. Therefore, this claim is based on injuries received and damages sustained in an amount to be proved at a later date. DATE PAULA SHERMER, on behalf of Minor CHRISTOPHER SHERMER ICHARD A. ~uA Attorney for Claimant ITEM NO. .. 6d DATE: May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: Award contract to S.D. Meyers for disposal of transformers for $4,700.77. The City is continuously testing transformer oil for PCB contamination. Any units found to be contaminated are removed from the system and stored in a containment area, as required by Cai- OSHA regulations, at the Corporation Yard. Since the last disposal contract in June of 1995, the City has removed 29 units from the system. On April 15, 1996 the City sent out Request for Quotation to three disposal companies and on April 29, 1996 received three bids. The RFQ requested a lump sum for the pick-up, transportation and disposal of the transformers. Bid quotes are as follows: Bidder I Lump sum I Total S.D. Meyers $4,700.77 $4,700.77 TCI $6,073.20 $6,073.20 Aptus $12,107.99 $12,107.99 The apparent low bidder, S.D. Meyers, has submitted all the required information and documents. The Assistant City Manager has reviewed and approved the insurance documents and the City Attorney has reviewed and approved the service contract. It is recommended that the Council award the disposal bid to S.D. Meyers for $4,700.77 Funds for this project are budgeted for Fiscal year 1995-1996 in 800-3645, Overhead Conductors and Devices. RECOMMENDED ACTION: Award contract to S.D. Meyers for disposal of transformers for $4,700.77. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and re-submit Request for Proposal. Acct. No.:N/A Acct. No.: 800-3645 OH Conductors & Devices Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities ~ / Prepared by: Martin Wobig, Electrical Distribution Engineer/~d'/~ Coordinated with: Candace Horsley, City Manager Attachments: Service contract Candace Horsley, Ci~ h~ager mw:asr MYERS Page April 26, 1996 Customer # 3869600 MARTIN WOBIG UKIAH, CITY ELEC SYSTEM 300 SEMINARY AVENUE UKIAH, CA 95482 (707) 462-6298 MARTIN WOBIG: Proposal #43483: PCB and PCB-Related Materials to be disposed of by S.D. Myers, Inc. We are pleased to present this proposal for your consideration. SCOPE OF WORK The following is a recap of the material quoted for disposal. Invoicing will be based on gross weight {including packaging) of material received. Total of 25 unit(s) with total full weight estimated to be for Material Recovery. 19294 1 bs. Total of 4 unit(s) with total full weight estimated to be for Resource Recovery. 3414 lbs. The items are located at: UKIAH, CITY ELEC SYSTEM 300 SEMINARY AVENUE UKIAH, CA 95482 Attn.' MARTIN WOBIG Cust# 3869600 (707)462-6298 Customer will be responsible for rigging and loading materials onto our transportation vehicles. S.D. Myers, Inc. will transport materials, within secondary containment, to the disposal site using completely enclosed, fully permitted and approved transportation vehicles. Please refer to Attachment B for information regarding fluid draining responsibilities. The price for the above scope of work is $4,383.00. Pricing for the above services is listed in Attachment A. Pricing is subject to the terms and conditions contained in this proposal. We will require that a manifest and manifest continuation sheets be prepared for any order prior to delivery. Complete information on the items and generator, including the address of the generator, and the equipment descriptions, including KVA, manufacturer, ff MYERS Page UKIAH, CITY ELEC SYSTEM Proposal # 43483 serial number, nameplate gallons and weights, and dimensions, are required prior to the acceptance of any order under this proposal. We will also require your EPA id#. The S.D. Myers, Inc. Ohio EPA id# is 0HD053576294. Price is predicated on loading and shipping the transformers/equipment full of fluid. Price is based on when-in-area delivery. Specified date for delivery may require additional charges. Thank you for the opportunity to respond to your needs. If I may supply any further information to assist in your evaluation of our proposal, please do not he~t~o~ontact me. ~'~jAJ4ES SANDER Ext. 3 INDEMNIFICATION AGREEMENT This Agreement is made and entered in Ukiah, California, by and between S.D. Myers, Inc., an Ohio corporation qualified to conduct business in the State of California ("Myers"), and the City of Ukiah, a general law municipal corporation in Mendocino County, California ("City") in reference to Ukiah City Electric System Proposal #43483. ' During the course of providing services as set forth in Proposal #43483, Myers shall hold City harmless from and defend City against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property which occurs as a result of Myers's transportation or disposal of the Transformers listed in Attachment B to the proposal. These indemnity obligations shall include reasonable costs and fees of attorney, investigators, expert witnesses, consultants, and all other reasonable costs incurred by City from the first notice that any claim or demand is to be made or may be made. City shall promptly give notice to Myers of any claim or demand. The provisions of this Section shall survive the termination of the Lease for any event occurring prior to the termination. Dated: S.D. Myers, Inc. By: Its: Dated: City of Ukiah By: Its: s:\u\agrmts96\myers.ind May 2, 1996 ITEM NO. 6e DATE: MAY 15. 1996 AGENDA SUMMARY REPORT SUBJECT: ACCEPTANCE OF RESIGNATION OF CITY CLERK, EFFECTIVE MAY 24, 1996 At the May 1, 1996 meeting the City Clerk expressed her intent to resign. By letter of May 6, 1996 the City Clerk has tendered her resignation effective May 24, 1996. As interim measures Executive Assistant, Karen Yoast has been sworn in as Deputy City Clerk and Councilmember Sheridan Malone has been appointed City Clerk Pro Tempore. RECOMMENDED ACTION: Accept resignation of City Clerk effective May 24, 1996. ALTERNATIVE COUNCIL POLICY OPTIONS: NA Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A N/A City Clerk Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. May 6, 1996 resignation of City Clerk, pages 1. APPROVED:~ ~~ ~.~,~ Can~-ace Horsley, City~lVl~lager mfh:asrcc 51596CC May 6, 1996 I hereby offer my resignation as Ukiah City Clerk, effective May 24, 1996, during which time I am on medical sick leave, as per Dr. Werra. ITEM NO. 6f DATE: May 15, 1996 AGENDA SUMMARY RE PQRT SUBJECT: ADOPT RESOLUTION AUTHORIZING SIGNATORIES ON CITY OF UKIAH BANK ACCOUNTS AND DESIGNATING OFFICIALS AUTHORIZED TO SIGN ON CITY ACCOUNTS The City Treasurer and the City Finance Director are directed to deposit and disburse City funds. To accomplish the cash management for the City, several officials should be designated to authorize cash related transactions. Presently the City Treasurer, Director of Finance, City Manager and Accounting Supervisor are authorized signers on the City bank accounts. With the recent reorganization of positions in the City, the designation of authorized officials should be reviewed. The following positions are recommended as authorized signers on City accounts: City Treasurer, Director of Finance, City Manager, Assistant City Manager, Controller and Accounting Supervisor. The current practice of requiring two signatures on checks should continue. Facsimile signatures will continue to be authorized to allow for automated check signing. The attached resolution is the standard requested by the bank when accounts are opened or when signature cards are signed. Similar resolutions have been adopted in the past and did not specify Westamerica Bank, our current financial institution. Since staff is proposing a change in authorized signers, it is appropriate to adopt the resolution specifying Westamerica Bank. RECOMMENDED ACTION: 1) Designate the City Treasurer, Director of Finance, City Manager, Assistant City Manager, Controller and Accounting Supervisor as authorized signers on City bank accounts. 2) Adopt Resolution authorizing signatories on City of Ukiah bank accounts. ALTERNATE COUNCIL POLICY OPTIONS: Designate alternate officials as signers on City bank accounts. Prepared by: Gordon Elton, Finance Director Coordinated with: Candace Horsley, City Manager Attachments: Resolution for adoption. APPROVED: v Can-~ce Horsley, 'C~y Manager GE:BANKSIG. AGN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING SIGNATORIES ON CITY OF UKIAH BANK ACCOUNTS WHEREAS, the City Treasurer, Finance Director, City Manager, Assistant City Manager, Controller, and Accounting Supervisor of the City of Ukiah are authorized to open or maintain the accounts with Westamerica Bank contemplated in the Bank's signature card and agreement, a copy of which has been presented at the May 15, 1996 City Council meeting, and is attached as Exhibit A; and WHEREA~, the persons or combination of persons listed as signers on the signature card are authorized to endorse, on behalf of the City of Ukiah, any checks or other items payable to the organization or its order, to deposit such checks and other items into the account with or without such endorsement, to negotiate any of such checks or other items for cash without depositing them into the account and to direct withdrawals from the account by check drawn on the account or otherwise, including withdrawals payable to anyone whose is an authorized signer. NOW, THEREFORE, BE IT RESOLVED, the Ukiah City Council hereby ratifies and confirms the acts of its officers, agents or employees in heretofore opening these accounts with Westamerica Bank together with any acts performed in relation thereto. PASSED AND ADOPTED this 15th day of May, 1996, by the following roll call vote- AYES: NOES: ABSENT: ABSTAIN: ATTEST. Fred Schneiter, Mayor Karen Yoast, Deputy City Clerk 4: Res: Bank Account Name BUSINESS SIGNATURE CARD and AGREEMENT [] SOLE PROPRIETORSHIP [] PARTNERSHIP [] CORPORATION [] NON-PROFIT CORPORATION [] UNINCORPORATED LODGE OR ASSOCIATION NUMBER OF Except as otherwise provided in the Disclosure for these accounts, the Bank may permit withdrawals from these ISiGNATURESi acounts when authorized by ~ all [~ any ~ of the following persons: ~ NAME SIGNATURE TITLE ~ NAME SIGNATURE TFI'LE 3~ NAME SIGNATURE TITLE ~'1 NAME SIGNATURE TITLE Each of these accounts will be maintained subject to all applicable laws and the Bank's present and future rules, regulations, prac- tices and charges, including, without limitation, those on the documents in the next paragraph. I'we acknowledge receipt of a copy of the Bank's Checking and Savings Plans Disclosure and Schedule of Fees and Charges. I Taxpayer Identification Number of ProPrietorship, Partnership, Corporation, Lodge or Association "Under penalties of perjury, I, certify (1) that the number shown on this form is the entity's con'act Taxpayer Identification Number;, and (2) that the entity is not subject to backup withholding either because it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interests or dividends, or the IRS has notified it that it is no longer subject to backup withholding'; CHECK THE BOX IF CURRENTLY SUBJECT TO BACKUP WITHHOLDING. ~ Strike out clause (2) above. FOR SOLE PROPRIETORSHIP: SIGN HERE. SIGNATURE DATE FOR PARTNERSHIPS: ~ All general partners have signed. [] Authorization for less than all general partners to o~en account on file with E~nk. SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE FOR CORPORATIONS, LODGES OR ASSOCIATIONS: COMPLETE THE REVERSE. ACCOUNT TYPE ACCOUNT NUMBER DATE OPENED AMOUNT CODE INITIAL DATE CLOSED REASON -- NAME STREETADDRESS MAILING ADDRESS CITY, STATE~ ZIP CODE MOTHER'S MAIDEN NAME BUSINESS TELEPHONE # TELEPHONE HOME BUSINES,~ RIRTHDATE BIRTHPLACE ~5OCIAL SECURITY NUMBER EMPLOYER/ OCCUPATION IDENTIFICATION OR DRIVERS LICENSE DATE CHEX SYSTEMS CALLED [] NO RECORD [] RECORD (see comments) [] WAIVED (see comments) COMMENTS SUPERSEDES SUPERSEDED BY CARD DATED CARD DATED ITEM NO. 6g DATE: MAY 15, 1996 AGENDA SUMMARY REPORT SUBJECT: RESCIND AWARD OF CONTRACT TO REUSER, INC. FOR WOOD AND YARDWASTE REMOVAL AT THE UKIAH SOLID WASTE DISPOSAL SITE AND DIRECT STAFF TO SOLICIT BIDS FOR THE SERVICE PURSUANT TO THE MUNICIPAL CODE On May 1, 1996, the City Council waived bidding procedures and awarded a contract to Reuser, Inc. for wood and yardwaste removal at the Ukiah Solid Waste Disposal Site based on information and a recommendation provided by staff. The information presented to City Council was outdated and incorrect. Staff presented to the City Council that there were no known contractors within the County area or within reasonable distance from Ukiah which could provide the required service except for Reuser, Inc. of Cloverdale. Contrary to what was presented by staff, the Cold Creek Compost Facility is permitted to provide the services according to its proprietors. Since the waiver of bid requirements and the subsequent award were made based on incorrect information provided by staff, staff is recommending that the award to Reuser, Inc. be rescinded and that bids be solicited for the service pursuant to the Municipal Code. RECOMMENDED ACTION: Rescind award of contract to Reuser, Inc. for wood and yardwaste removal at the Ukiah Solid Waste Disposal Site and direct staff to solicit bids for the service pursuant to the Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: Reuser, Inc. Requested by: Prepared by: Coordinated with: Attachments: Cold Creek Compost Rick Kennedy, Director of Public Works/City Engineer ~-- Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager N/A APPROVED:~ (~.. ~~~'~1 Candace Horsley, Cit3~ Manager R: I\LANDFILL:kk AREUSER.5 oldreek , pos nc. M & M Feed and Supply, Inc. May 15, 1996 Ukiah City Council 300 Seminary Ave. Ukiah, CA 95482 Re' Consent calendar item re~ardine the contract for ereen and wood material diversion services at the Okiah ~andfill: - Dear Councilmembers: We regret we are unable to attend tonight's council meeting but want to let you know how much we appreciate your reconsideration of the above-referenced contract for services and hope you proceed with a decision to put this item out for bid. We also appreciate the time and energy city staff has already expended and we would like to commend them for their action regarding this matter. It is certainly understandable, given the unfortunate controversy surrounding our project, that there might be questions regarding our ability to provide the required services. As you maY be aware, pursuant to a motion we filed with the court our conditional use permit has been reinstated by the judge in our case and we are proceeding as quickly as possible to complete the mandated environmental review. It is most important to note regardless of the status of the use permit for our composting facility we are, and will continue to be, able to provide such services. Again. kudos to your staff for their decision to brine this back for your reconsideration. Whatever the outcome of the bidding process it wil'f provide an opportunity for a local company to participate and will most probably result in a lower cost for the diversion services. You have been most generous in your past support for our project. We are very pleased to have the opportunity to provide your city with another alternative for achieving your AB 939 diversion goals. Yours truly, Martin Mileck President "Fertilizer and Soil Amendments for Sustainable Agriculture" 74540 Hill Road · Covelo, CA 95428 ° (800) 524-4284 ° (707) 983-6273 · Fax (707) 983-6785 h'lA','-lS-i99E, 16: 3',---I CCIL.]-i CF'.EEt:i ,20P1PCL:;T-'=;F.'. ?g? ._=:,79 z"';?z-;.z-'; P. Ol ~ ';crviccs a~ th.e. ~ kiah i ~-~tfilt. , ,, ~ ~ ,~, M~r;in ;Xldeck President "Fertilizer and Soil Amendments for Sustainable Agriculture" 74540 Hill Road . C,'we-lo. CA 95428 · (800) 524-4284 ° (707) 983-6273 . Fax (707) 983-6785 .. TIZIT~L P, [Zli ITEM NO. 8a MEETING DATE May 15, 1996 AGENDA SUMMARY REPORT ADOPTION OF RESOLUTION ADJUSTING FIRE PREVENTION FEES; REPORTS AND DOCUMENTS; RESPONSE COSTS; AND ADDING A FEE FOR BOARD OF APPEALS HEARINGS SUMMARY: On February 20, 1991 the City Council adopted Resolution 91-43 establishing a Fire Prevention Fee Schedule. These fees are charged for site and plan review; plan checks, inspections and permits; water flow tests and calculations; reports and document copies; and apparatus and personnel response. Since its adoption, Fire Department fee revenues have fluctuated between $4,000 and $8,000 annually (see attached analysis). RECOMMENDED ACTION: (Continued on page 2) Adopt the resolution adjusting Fire Prevention Fees. ALTERNATIVE COUNCIL POLICY OPTIONS: Not adopt the resolution adjusting Fire Prevention Fees. Adopt a revised resolution regarding Fire Prevention Fees. Acct. No.: 100-0800-616 Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Legal Notice; Announcement handout with permit applications; Letter of intent, proposed fee schedule and fee comparison mailed on April 24, 1996 to North Coast Builders Exchange, North Bay Association of Realtors and Greater Ukiah Chamber of Commerce Fred W. Keplinger, Director of Public Safety Roger A. Sprehn, Fire Marshal Candace Horsley, City Manager Resolution Fee Comparison Study Fee Increase Worksheets Revenue Analysis Announcement Handout Letter to Interested Parties APPROVED BY Candace Horsley, City Manage The current fee schedule falls considerably short of the actual cost of the services rendered in several areas, and some need to be decreased while modifying how they are imposed. Most of the current fees are also below those charged by other cities in Mendocino and Sonoma Counties (see attached fee comparison). The main focus of this resolution is the fee charged for project reviews, plan checking, permits, inspections, and related functions. The fixed fees are based on an estimate of the time involved in providing the services using an hourly rate. Other services are billed based on actual time spent with a minimum time charged. A fee increase to completely offset the cost of running the Fire Prevention Division would be exorbitantly high, and is not the intent of this resolution. We do wish to partially offset the actual cost of providing services directly related to development projects and processes. While the duties of the Fire Marshal include other administrative assignments, general prevention work, and operational functions, much of the work load is directly related to specific projects where fees can be charged to reflect the actual cost of providing the service. The Fire Prevention Division operates with one full-time employee (Fire Marshal) and support from other operational and clerical staff positions. Costs to run the Fire Prevention Division at its current level are estimated at $104,000. annually. The annual estimate is based on an hourly overall cost of $50.00 which was calculated based on the salary and benefits for the Fire Marshal; clerical support from the Administrative Secretary, reception and dispatch; building utilities, phone, copier use; vehicle maintenance; training; membership dues, meetings and miscellaneous supplies (see attached worksheet). The resolution also increases the fee charged for "Special Reports", reports requiring research or data compilation over and above simple duplication. The resolution adjusts fees charged for Fire Department responses. The response charges are billed when a negligent or unlawful act or omission leads to the response of the Fire Department to mitigate a hazard to the public and environment. There are several applicable code sections allowing these charges. These amounts have been decreased and the method for calculation has been changed to reflect the actual number of personnel responding to the incident (see attached worksheet), A new fee in this resolution represents a portion of the costs of a Fire Code Board of Appeals Hearing, which are considerable. The cost of a recent Appeals Board hearing was estimated at over $1,600.00 with no compensation to the members of the board for their time. Some of the cost was due to setting up the board for the first time and drafting rules and regulations and researching the process. It is estimated that subsequent Board of Appeals Hearings may cost the City $1,000.00. The proposed fee of $500.00 to the appellant is half of the estimated cost to the City for this service (see attached worksheet). OUTREACH EFFORTS: A flyer announcing the intention to increase fees was prepared and made available to applicants for building permits. This notice was also posted in the Civic Center and Public Safety lobby and provided to the Ukiah Daily Journal on April 16, 1996. A copy of the proposed fees and the fee comparison was mailed to individuals who expressed an interest in the subject as well as the North Coast Builders Exchange; North Bay Association of Realtors, the Greater Ukiah Chamber of Commerce, and the Mendocino County Employers Council (copy of cover letter attached). As of May 9 there have been no comments or questions received on this issue. RECOMMENDATION: It is recommended that the City Council adopt this resolution and schedule of fees to more accurately reflect the cost of providing fire prevention services where appropriate. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING FIRE PREVENTION FEE SCHEDULE 1. The Fire Marshal for the City of Ukiah or his delegate(s) reviews various plans submitted in connection with building permit, subdivision, and other applications; and conducts inspections of property and improvements; and issues permits under the Uniform Fire Code and other applicable codes, ordinances, and regulations; and 2. Fire Department Site and Plan Review fees, Fire Department Plan Check and Inspection fees, Water Flow Test and Fire Flow Calculation fees, Cost of Reports and Documents, and Fees for Apparatus and or Personnel have not been updated since 1991 when the fee schedule was adopted; and 3. The cost incurred by the City of Ukiah in providing these services has increased significantly; and 4. The cost of hearing an Appeal by the Fire Code Board of Appeals is considerable; and 5. The applicants or parties requesting or requiring these services should pay for the actual costs incurred by the City; and 6. The City has provided all notices required by law and pursuant to Government Code Section 54992 has made available to the public for a period of ten (10) days prior to the hearing on the fees established or adjusted in this resolution, data indicating the amount of cost, or estimated cost, required to provide the service for which the fee is levied, and the revenue sources anticipated to provide the service, including general fund revenues; and 7. The City Council finds that the fees imposed by this resolution do not exceed the estimated reasonable cost of providing the service for which the fee is charged and the fees for reports or documents do not exceed the direct costs of duplication; and 8. The fees for site and plan reviews, plan checks, and inspections will not normally apply to plans or other actions involved in the actual construction of single family dwellings, but will apply to approvals required for residential, as well as other, subdivisions and residential automatic fire sprinkler systems. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts the following fees for Fire Department services as set forth in the Fee Schedule contained herein. Fee Resolution page 1 of 4 BE IT FURTHER RESOLVED that the fees imposed by said Fee Schedule must be paid by the applicant for any permit in connection with which any covered plan check or inspection is requested or required before the service is provided. BE IT FURTHER RESOLVED that when any covered inspection is conducted for fire safety purposes and not at the request of the permit applicant, property owner, tenant, or other person occupying the property, or where collecting the fee in advance is for any other reason impractical or not in the interest of preserving fire safety, the City shall collect the fee at the earliest opportunity and the Finance Department and City Attorney are authorized to take all actions, including legal action, they deem necessary to collect said fees. The City's ordinances imposing interest and authorizing the City to recover its attorneys' fees shall apply to such collection efforts. If an applicant commences work requiring a permit for which a covered inspection or plan check is required before submitting his or her application, the fees set forth in the Fee Schedule shall be doubled for all covered services provided in connection with that permit application. FEE SCHEDULE TYPE OF FEE AMOUNT Site and Plan Reviews Does not apply to actual construction of single family dwellings a. Site Development and Use Permit review $50.00 b. Plan Review - Minor Subdivision (1-4 parcels) $50.00 c. Plan Review - Major Subdivision (5 or more parcels) $50.00 +$5.00 per lot . Plan Checks, Inspections, and Permits Does not apply to construction of single family dwellings, except fire sprinkler systems a. Plan Review - Building Permit $50.00 per hour lA hour minimum b. Automatic Fire Sprinkler System: Original Installation (includes: plan review, underground flush, pressure test, alarm test) i. NFPA 13 & 13R (commercial, motel, apartments) $.01 per square foot of sprinklered area ($250.00 minimum) ii. NFPA 13D (1 & 2 family residential) $60.00 Fee Resolution page 2 of 4 o . c. Automatic Fire Sprinkler System: Modification / Replacement i. Modification per rented or $.01 per square foot separately occupied space of sprinklered area ($100.00 minimum) (includes: plan review, underground flush, pressure test, alarm test) ii. Underground pipe installation $50.00 iii. System supervision alarm $50.00 d. Other Automatic Fire Extinguishing Systems, (includes: plan review and test) $100. O0 e. Fire Alarm Systems (includes: plan review & test) $150.00 f. Combustible / Flammable Liquid Storage Tanks (removal, installation, above or below ground) $100.00 for first tank $25.00 each additional tank g. Other permits required under Section 105.8 of the 1994 Uniform Fire Code (includes: plan review and testing, if applicable) $50.00 per hour (1 hour minimum) h. Inspections & Tests: (including: requested inspections, follow-up or reinspections due to non-compliance or malfunction) $50.00 per hour (1 hour minimum each) I. Inspections or Tests: after hours, when available. $50.00 per hour (2 hour minimum each) Water Flow Tests & Fire Flow Calculations Cost of Reports and Documents $50.00 per hour (1 hour minimum each) a. Incident Report $5.00 each b. Excerpts of Codes or Ordinance (3 pages maximum) $3.00 each c. Any Special Report (requiring research or compilation) $15.00 each Fee Resolution page 3 of 4 . d. Photos I. 3"x 5" $5.00 each ii. 8"x 10" $10.00 each Apparatus use and/or Personnel (Fire protection and/or emergency services in unusual circumstances, or recoverable under applicable codes, or any judgement or assumption of financial responsibility for cost recovery). Rates are per hour, each applicable rate is subject to a one hour minimum charge. Equipment rates include one operator, additional personnel subject to personnel rate. a. Heavy-Duty Equipment (including: Fire Engine, Ladder Truck, Incident Support Unit, Water Tender, Command Vehicle) $50.00 b. Light-Duty Equipment (including: Patrol, Sedan, Pick-Up Truck, Ambulance [not billed otherwise], etc.) $35.00 c. Personnel Rate $25.00 6. Fire Code Board of Appeal Hearing $500.00 PASSED AND ADOPTED on the 15th day of May, 1996, by the following roll call vote: AYES: NOES: ABSENT: Fred Schneiter, Mayor ATTEST: City Clerk Fee Resolution page 4 of 4 Z LU LU la. 0 Z Z FEE INCREASE WORKSHEET PREVENTION OFFICE COST PER HOUR Fire Marshal (salary, benefits) Based on finance department data and potential increases Training $2,000/year Vehicle Based on 10,000 miles per year, $.25 per mile Clerical Support Admin. Secretary, one hour per day $20./hour total cost Reception / Front Office, 1/6 of FD ~ Dispatch, 1/15 of FD share Building Rent, 1/15 of $17,000 Utilities, 1/15 of $27,000 Telephone, 1/15 of $2,500 Misc. Expenses Copying, 1/6 of $2,700 (Sandelin, Sprehn, Webster, 3 shifts) Dues, 1/6 of $570 Meetings, 1/6 of $400 Expendable Supplies, $2,500 per year (signs, books, manuals, forms, tools) .96 $35.00 $ 1.60 2.50 3.50 2.37 .55 .08 $ .05 $ .03 $ 1.20 TOTAL: $50.01 $ .87 $ 1.30 BOARD OF APPEALS COSTS The only experience we have with Fire Code Board of Appeals is one that was convened in October 1995, requested by Lee Howard. Costs for that are estimated below, based on the current charge of $30.00 per hour of Fire Prevention time. Some of the time involved in this particular hearing was set-up costs, which would not be applicable each time. The proposed fee would cover ~ of the estimated cost for another appeal. Cost of 10-13-95 Board of Appeal: Board Meeting Transcription: 13 hours at $10.00 / hour Fire Marshal time: 50 hours at $30.00 / hour (current hourly rate) Estimated cost of future Board of Appeals: Meeting Transcription: 10 hours at $10.00 / hour Fire Marshal time: 18 hours at $50.00 / hour TOTAL TOTAL: $ 130.00 $1,500.00 $1,63O.OO $ 100.00 $ 9OO.OO SI,000.00 FEE INCREASE WORKSHEET EQUIPMENT & PERSONNEL EXPENSES PER HOUR Personnel: Total top step costs vary between $17.88/hour for FF @ 56 & $30.21/hour for Capt. @ 40 Avg. $24.05 Costs at 40 hour: FF/P $25.O3 Eng/I $27.58 CapEl $30.21 Costs at 56 hour: FF/P $17.88 Eng/I $18.89 Eng/ll/Spec. $19.70 Capt/I $21.58 Variables within this category: Rank, Specialties, straight v. O/T, 40 v. 56 hour, training, etc. OES rates: $26.46 / hour / per person for crew member (FF / Eng.) $33.88 / hour / per person for STL (Capt./Chief) Napa City $75.26 / hour / per person for all City staff personnel Equipment: Reduced number of categories from last fee schedule. Heavy Duty: OES: CDF: Napa UFD current: $24-28/hour $16/hour $300 first hour, $50 each additional hour $100-$125/hour with 3 personnel UFD proposed: $50/hour with one operator $25/hour for each additoinal person Light Duty: OES: CDF: Napa: UFD current $.78/mile for 1 ton P/U $.36-.97/mile depending on many factors $185. first hour, $35. each additional hour $75./hour with personnel UFD proposed $10.00/hour with one person $25/hour for each additoinal person To convert mileage to hourly: based on 40 MPH half of the time, $.50 per mile = $10.00 per hour Variables within this category: 4x4, Sedan, Ambulance, Patrol, equipment used, etc. Worksheet page 2 of 2 FIRE DEPARTMENT REVENUE ANALYSIS 100-0800-616 APRIL 23, 1996 INTRODUCTION The General Fund of the City of Ukiah contains revenue accounts for many different sources that do not go into an enterprise account. The subject of this analysis is the Fire Department revenue account. Revenue placed into this account includes plan check fees, permit fees, cost reimbursement, and fines for Fire Code violations. Prior to fiscal year 1991-1992, revenue into this account was insignificant ($113.00 in 89-90). In February 1991, the City adopted a fire prevention fee schedule which started generating revenue into this account. Since that time yearly revenues have fluctuated between about $4,000.00 and $8,000.00. A proposed Fire Department fee increase is scheduled to be brought before the City Council on May 15, 1996. If approved, hourly fire prevention rates will rise from $30.00 to $50.00, an increase of 67%. This increase is based on the estimated increased cost of providing fire prevention services. Revenue generated should rise correspondingly. PLAN CHECK FEES The vast majority (85 % _) of the revenue for the fire prevention account is the plan check fees which are itemized by the Fire Marshal on a project invoice. Combined fees are collected by the Finance Department, and the Fire Department share is routed into this account. The totals for this revenue vary greatly depending on several factors. Among the variables is the economic climate and amount of building projects. A large project (i.e. Walmart or Friedman Bros.) can generate as much as half of the yearly revenue into this account. Projects which are withdrawn before payment or for which fees are waived also have a negative financial impact. If fees are waived for a major project a significant decrease in the revenue is the result. The Kmart project generated many hours of work by the Fire Prevention Bureau, but when the project was essentially canceled, the revenue was not realized. FIRE CODE PERMIT FEES Another activity contributing funds to this account is Fire Code permit fees. The current amounts being generated for this activity are minimal ($200 to $300 per year). Currently there are about ten permits per year issued, mostly for underground tank removal. These fees are also proposed Revenue Analysis Page 1 of 3 to rise. With increased enforcement and time investment in required permits, this amount could increase significantly. Many jurisdictions issue permits that must be renewed yearly, generating a substantial, predictable income. However, the Fire Department has neither the time nor the personnel to implement such a program at this time. A list of Fire Code permits which could be pursued is attached. COST REIMBURSEMENT Reimbursement for apparatus, personnel and response costs is a source of revenue for this account. A recent enforcement action resulted in a collection of $750.00 in cost reimbursement (the enforcement is estimated to have cost the City over $1,600.00). During the previous year the City was reimbursed for about $1,400.00 in cost recovery for response costs due to failure to abate a hazard. Typically, however, these amounts cannot be forecast due to the inherent unpredictability and accountability for activities. FINES Fines for violations has thus far been an insignificant contributor to the revenue account. Occasional fines of $75.00 are assessed. With increased enforcement action and follow-up, this amount would become significant, but again, the Fire Department has neither the time nor staff currently to launch an aggressive enforcement campaign. If a campaign was initiated, there would be a fluctuation in the revenue generated. Initially a program would probably focus on education, rather than citation, revenue would be low. Later, citations would be issued, increasing revenue. Slowly, the violations would even out at some level based on the combination of increased education and enforcement awareness. PROJECT REVIEW FEES Current and proposed fee schedules contain a fee for project reviews, including site development, use permit, and minor and major subdivisions. Although reviews are performed, these fees have not been collected for the last several years, possibly due to clerical or departmental misunderstanding. This situation is in the process of resolution between Planning and Fire Department staff. The revenue generated by this fee is estimated to be between $1000 & $1500 per year depending upon project activity. CONCLUSION The revenue for this account varies considerably from year to year based on a number of factors, few of which are predictable. Increased focus in certain areas would generate more revenue, but would also result in significantly increased expense as well. A detailed report for this account for the last three years is attached, and results are summarized on the attached chart, with predicted revenues for 96-97 (both with and without the fee increase). Revenue Analysis Page2 of 3 ACCOUNT SUMMARY 1989-1996 100-0800-616-004 FISCAL YEAR BUDGET ACTUAL PREDICTED PREDICTED WITHOUT WITH INCREASE INCREASE 89-90 $150. $113. 90-91 $200. $2,620. 91-92 $19,600. $6,262. 92-93 $7,100. $4,521. 93-94 $5,000. $4,304. 94-95 $6,500. $7,913. 95-96 $6,600. $7,574.1 96-97 $1 O, 000. $14,000. Partial year (July 1 through March 30)) Revenue Analysis page 3 of 3 CITY OF UK[AH FINANCE DEPT. 4/[6/96 8:35:37 REVENUE GUIDELINE Wt~'~ETAtL FOR THE PERIOD(S) JUL 01t 1993 THROUGH JUN 30t 1994 · AOOPTED BUDGET REVISED BUDGET AND IN PROCESS AND IN PROCESS souRcE_3E_IO VENDOR/CUSTOMER~E~~--~[~Ec/~Hk" INVOICE 308 'COSY--i~ AMOUNt- __-__- lO0 GENERAL F~ND 0800. _ CHGS FOR CURRENT_._S~8~C~ 616 FIRE DEPT REVENUE GL525R-V04.- REMAINING BALANCE OESCRtPTION PCT 004 FIRE PREVENTION FEES ...... 21400600 ................ 2t400600 . 0.00 ' 4t193e99 lt79~*99'.17¢ --' R-070193-114 ........... 032422 ............................................. 20'00 cASH FROM REGISTER R-070293-116 VEAL #A2692 032477 30.00 CASH FROM REGISTER 25.00 CASH FROM REGISTER R-071993-144 ......... SAV.BNK_~ANK_P~_LL/__~EBB~_~_03398I ......................... ~0.00 CASH FROMREG~S~E~ R-072093-145 TRINITY SCHOOL 033118 R-072693-152 WELLSs PETER #7397 0333[7 ' 30.00 CASH FROM REGISTER R-072793-153 SAVe~BNK #7400 ............. 033377 ........... ' 1~144.00 CASH FROM REGISTER R-073093-156 COURSEY/SWR INSP/A-2713 033561 .......................... 60.00 CASH FROM REGISTER R-081193-200 GABRIAL VAILEJO 034011 10.00 CASH FROM REGISTER R-081293-Z01 ......... DALISTAN_..RESI.OENT_I. AL ..... ~3~03~ 10.00 CASH FROM REGISTER R-082593-210 NOD COAST OPPORTUNT[ES 034497 20.00 CASH FROM REGiSYER R-090893-229 GATTENBERGER 93-27 035043 25.00 CASH FROM REGISTER IOeO0- REFUND INSPECTION FEE 0-091793-217 .35239 VALLEJO/GABR!EL ............ 062392 ::: ............... ~ ................ 100.00 CASH FROM REG[S[EA R-091793-235 HOLMES/TANK REMOVAL 035338 R-092193-237 HOME FEDERAL #7474 035456 60.00 CASH FROM REGISTER R-092393-239 . . CORTiNA,L.O02.040.29 035537 30.00 CASH FROM REGISTER R-093093-253 -MCCULLOUGH/FiRE -PERMI~----03585~ ................. 25.00 CASH FROM REGISTER R-093093-253 REDWOOD TREE SERVICES 035858 ' 25.00 CASH Fi~OM REGISTER · 60.00 CASH FROM REGISTER . R-O930q3-253 RAWLEStJe ........................... 0358~9 .......................... 30.00 CASH FROM REGISTER R-100493-270 EVANGELICAL FREE CHURCH 035934 R-100593-271 CHEVRON FIRE SUB 036027 20.00 CASH FROM REGISTER R-100793-274 ._DALISTDN.#~=ZTj~ 036~2 .......... 30.00 CASH FROM REGISTER R-100893-273 PEAR ORCHeASSOC#A~275Z 036246 :::' 60.00 R-101593-280 VALENTE A-2742 036382 ' 30.00 CASH FROM REGISTER R-tote93-Z84 OAL[STON?L~~L~~ 036470 " 10.00 CASH FROM REGISTER 0-102293-282 .35377 MC CULLOUGH/ROBERT 0~28~1 .............. ' 25.00- REFUND FEES R-102693-301 EVRGREEN.FUMIGe/FUMIG.PE 036759 I5.00 CASH FROM REGISTER 30.00 CASH FROM REGISTER R-102893-306 REDWOOD THEATERS #7539 036923 '- 60.00 CAS~'~ROM R~ISTE~ R-110193-352 OANIELt WM #7544 037005 60.00 CASH FROM REGISTER R-110593-356 SENIOR CENTER #7550 037241 R-110893-359 LEEfHeTANK PERMIT'S93-05/ 037288 20.00 CASH FROM REGISTER ' ~ : ' ....................... Z40. O0 CASH FROM REGISTER R-111093-361 FIRST AMERICAN TITLE 037398 R-111593-369 DWATAt PLAN REVIEW 037601 30.00 CASH FROM REGISTER R.111993-372 _ MAGULAS~ 8111[[575 037714 30.00 CASH FROM REGISTER ........ 30.00 CASH FROM REGtSTE~ R-120193-391 ToOeMe CONST. . 038068 i~!~ii~!!~!~ i!!!~!'ii ~i~?~ii:::!ii~i~i~?~!ii,! ~ :~ 60'00 CASH FROM REGISTER R-LZ0393-393 YAEGER & KIRK #7589 038130 'i R-1Z0893-402 FIRE.SPRINKLER_SY~T.E.~ ..... :..,O~q~TO .... ; ............ . :~ ~;~;~;~=~,:.~? .... 195,00 CASH FROM REGISTER R-121693-413 TRINITY SCHOOL/FIRE XNSP 038571 ' 10.00 CASH FROM REGISTER 1o00 CASH FROM REGISTER R-L22793-437 SANOELIN/SURVEY 038864 25.00 CASH FROM REGISTER .R~122893~438 ........... TAYLD8 , 30.00 ..... *I R-011294-482 SENIOR CITIZENS .... ' 0800. CHGS. FOR. CURRENT SERVICES.' ............ 616 FIRE DEPT REVENUE , 004 FIRE PREVENTION FEES 10.00 CASH FROM REGISTER R-011894-485 F.ZEEK SCHOOL/FIRE SA.TT- 039678 ............................................................ lOO.O0 CASH FROM REGISTER R-011994-486 REDWOOD TREE SERVICE 039709 20.00 CASH FROM REGISTER R-012694-491 VALLEY INVESTORS 040006 ZO.O0 CASH FROM REGISTER R-012894-493 .... RYAN~LES .......................... 0~0076__ ---10~.00 HAZMAT CLEANUP ~[LLI? R-013194-502 RON SCAIFE 004203 4203 - 20.00 CASH FROM REGISTER R-0~0394-511 LES RYAN #7681 040303 50.00 CASH FROM REGISTER R-021494-520 O-HARU'RESTAURANT ..... 0~0665 25.00 CASH FROM REGISTER R-022~94-534 VIRGINIA ROMERO 040925 201.99 MISCELLANEOUS ENTRIE~ J-022894-591 MISCELLANEOUS ENTRIES 250 30.00 CASH FROM REGISTER . R-030294-55~ ..... TSARNAS#771Z ...................... 041190 ....................... 10.00 CASH FROM REGISTER R-030494-601 FIRE INSPECTION 041297 20.00 CASH FROM REGISTER R-030894-587 LES RYAN #7720 ' 041445 150.00 CASH FROM REGISTER R-030894-587 . - ATLAS/PRK_.~XCKe'~,EIRE_OE~ 041~38 20.00 CASH FROM REGISTER ! R-032994-614 TRDUETTE/FIRE SUB. 0~21~2 25.00 CASH FROM REGISTER R-033194-616 JeK.H. ENGINEERING 042241 45.00 CASH FROM REGISTER , R-040194-629 ......... ~__ROMEs#A~282~ 04235~ ........ 25.00 CASH FROM REGISTER R-041294-649 HAWK/TANK REMOVAL 042674 30.00 CASH FROM REGISTER R-041594-652 MEDFIELD #7758 042828 180.00 CASH FROM REGISTER R-051094-687 .. FIRE PROTECTIONs_SYSTEM .... 043657 ................ - 30.O0'-CASH FROM REGISTER R-05109~-687 UKIAH FOODS #7780 043671 20.00 CASH FROM REGISTER R-051994-711 GRUEZXNGER/FIRE SUB 044056 120.00 CASH FROM REGISTER ~_R-052794-717 INCOM. MECH/F[RS[-AH-][[L044ZBO ............... 15.00 CASH FROM REGISTER R-052794-717 UK GUN & RELOADING 044283 ~ 10.00 CASH FROM REGXSTER R-053194-718 MENDOeREGePeHeF./FIRE IN 044349 20.00 CASH FROM REGISTER R-050794-732 REDNOOD 0IL..~7814 ......... 044682 ............... ........... 75.00 CASH FROM REGISTER R-060794-732 HOWARDtLEE 94-06v94-05 0~4713 R-O&1494-759 S[EGEL~A-2869/PER #2826 045026 20.00 CASH FROM REGISTER 30.00 CASH FROM REGISTER ~R.06169~-76/ ............ TRINIT%.$CHOOL 0~077 ..... R-062194-768 LEVYtS. 045299 ~ 20.00 cASH FRO~ RE~t~TE~ R-062294-769 BUTUSOV/FIRE SUB. 045324 fill 30.00 CASH FROM REGISTER · 50.00 CASH FROM REGISTER R-062294-769 COFFEE CR.ITIC.#A~88! 0~5353 ................. ;! -£; ........... 41193.99_ FIRE PREVENTION FEES C-06309~-lBI YEAR ENO CLOSING TOTAL: FIRE DEPT REVENUE 21400.00 Z~400eO0 0.00 4~I93.99 I~793.99- ~74 - TOTAL:_CHGS FOR. CURREN~SERViCES---~ ~00.00 .............. Zf.~LO~OO O_~Q~ .......... ~f~93.99. 1~793.99- I74 - . .,: . : ~ [ TOTAL: GENERAL FUNO 2f400600 2~400~00 : ' ::~' 'OEO0 41~93*99 1~793.99- 174 .. glTY OF UKIAH FINANCE DEPT. CIT~ 6/16/96 8:35:36 ....................................... ~V~'~U~-~d~J~-~-~'O~[ ..... GL525R:VO~;40 FOR THE PERIOD(S) JUL 01t 1994 THROUGH JUN 30t 1995 ' ~6¥"'Rfb~O~f~b A~"~D POSTED REMAINING AOOPTEO BUOGET REVISED BUDGET ANO IN PROCESS AND IN PROCESS BALANCE PCT ~OURCE-JE-IO VENOOR/CuSToMER/ExPL~f~N ~'~/~EcYC~ .... ~NVO~E .... 3b~--~-f-~-O. AMOUNt DESCRIPTION ' GENERAL FUND OS00 616 004 R-070194-792 R-072294-823 R-072794-839 R-072994-861 R-080994-859 R-081094-860 R-081094-860 R-081796-872 R-08L79~-872 R-082494-877 R-082694-879 R-083194-901 R-090894-916 R-091~94-921 R-091594-922 R-091994-924 R-092094-925 R-092394-92~ R-092794-930 R-0~309~-953 R-101194-951 R-102694-991 R-102894-993 R-102894-99~ R-110794-004 R-l!O~4-O06 R-111094-007 R-111094-007 R-1[1694-027 R-1~2194-030 R-112294-031 CHGS FOR CURRENT_SERVICES FIRE OEPT REVENUE FIRE PREVENTION FEES ............. .'.' 0'00 OEO0:!i?::i 0eOe'!ii; ' . ,Tt913-10 EVERGREEN FUMIGATION 045716 25,00 CASH ALLIED BANK #7871 046442 60,00 CASH _- ~AGLE F[R.E.E~t/~ff__E_X_[.~__~66~8 50.00 CASH UKIAH CO-OP 046723 120.00 CASH · , , GNC #7896 047163 ' ; ' 90,00 CASH ULTRMAR INC, #790! 047243 ' 45,00 CASH SAY. BNK#7899 047248 I80,00 CASH VINEYARD VIEW 047458 20.00 CASH PERKOWSKI..A~Z896 ............ '.~.~T511 60,00 CASH JACK BARR #7904 047793 3boOd-"CASH 75.00 CASH BALLETTO/CITATiON 047920 CALIFORNIA NORTH~RN_~AIL...O043~.O 4330 450,00 FIRE CALIF. NOTHERN RAILROAD 004362 4362 300.00 LES RYAN #7938 048370 20,00 7~913.10- 999 FROM REGISTER COUNTY OF NENOO 048577 CORTINA #79&8 048692 THURKOW..#7951 ROVERA A-2901 048994 LAKE & MENDO ADJUSTERS 049076 ..... CALIF-_~O.R~H~R__N_N~A.[L.R_O~..~TQ~8 WOOOBURY #7973 '049627 ABBEY HOME HEALTH CARE 050276 LEOPOLDO MACIAS#7984 05034~ ........... SCHONBERGER #7987 050358 KENNEOY #8007 050704 DUTTON ENTERPRIZER$ 050870 CHAN #8015 050883 BUSCH CONST. #8028 MENDO,PRIVoINDUSToCOUNCL 051330 FROM REGISTER FROM REGISTER FROM REGiSTeR FROM REGISTER FROM REGISTER FROM REGISTE~ FROM REGISTER FROM REGISTER FROM REGISTER FROM REGISTER SUP. COSTS RAILROA 8/8 FIRE ON RAILROAD CASH FROM REGISTER 180.00 CASH FROM REGISTER · ~'~'i~5=-'CASH FR~M RE~ISTER ' 120,00 CASH FROM REGISTER 30,00 CASH FROM REGISTER .......... ~0,00 CASH FROM REGISTER 5.00 CASH FROM REGISTER 250.00 8/12 FIRE ON RAILROAD P' 20~00 'CASH FROM REGISTER .... 15,00 CASH FROM REGISTER ~20,00 CASH FROM REGISTER ............ 60.00 CASH FROM REGISTER 30.00 CASH FROM REGISTER 60.00 CASH FROM REGISTER ~SeO0- CASH FROM REGISTER ....... 120.00 CASH FROM REGISTER 60,00 CASH FROM REGISTER - ~0'00 CASH FROM REGISTER 20.00 CASH FROM REGISTER R-120694-054 TRINITY SCHOOL #8047 051781 '- 60.00 CASH FROM REGISTER R-120794-055 NCO/550,N, STATE/FIRE SU051839 i ~i! 1~°'~ .... CASH' FROM RE~IST~R .... R-120894-056 RYAN~L,/A-2930 . 051879. "' 20,00 CASH FROM REGISTER R-120894-056 RYAN/FIRE-SUB/A'2931 · ~051883 ~ iii:ili!i;iii~!~i!iii:i~ii~ ~i~i[:~ii~:~!;;;iii:i.;~i~i!i~(i~i~iiii~i~ i~ 20,00 CASH FROM REGISTER R-12089&-056 RYAN/F[RE-SUB/A-2932 051887 20,00 CASH FROM REGISTER'' 052355 :?;::~*'" ; ' "' i ' ,. 30.00 CASH FROM REGISTER R-122194-074 , ':"~':;'?~ ~ : ;" ?" ': ' 50°00 CASH FROM REGISTER R:]..ZZ.T.~:.O?~ P_~LC ~ONTR~_~RS/PERMIT 052500 , , .. ~ .~?~:~:~':r. · ~ ',:::. ':,.*,.~,~ ' R-12309~-087 ': ESTOK 052~09:ii~ ~ii~i~~i3l~~SH FROM-REO'~rSTER 616 FIRE DEPT REVENUE ' ; ~ ..... : ~' ' 00~ FIRE PREVENTION FEES R-12319~-096 CALIF. NORTHERN RAILROAD 00~&89 4489 r 375'00 1~/5/9~ HAZMAT TESTING R-12319~-096 TOWER ENTERPRISE~ INC. 00449~ 449~ 75.00 UVMC SITE PLAN REVIEW R-OII295-II~ NORTH.FIRE PROTCTeENC. 052g9~ I20.00 CASH FROM REGISTER R-012695-1~1 NEW HOPE STo/FERE_ENSPEC 053500 10.00 CASH FROM REGISTER R-020695-[56 TORE BROWN/PLAN REVIEW 053879 ..... : ............... 60.00 CASH FROM REGISTER R-022895-212 TURNBOW~B./OAY C~RE ENSP 05~653 lO.O0 CASH FROM REGISTER ZTO. O0 CASH FROM REGISTER R-030195-231 KELLY MOO~E .~A[N~_R-ZVTO.OS&T~5 R-030195-23I TRANSIT.OF UK./FIRE [NSP 054770 lO.O0 CASH FROM R-O31~qS-2a5 EN TERRA INC./REMOVAL OF 055t78 50.00 CASH FROM R-0~0395-301 ...... LENK_CAREE~.C~[E.R .......... 055BA~ ............................................... IO. O0 CASH FROM FIRE PROTECTION SYSTEMS 055889 35.00 CASH MORRIS ~8~63 055958 60.00 CASH MENDOeCNTYe~A:2918 ....... 056~9~ I)500'00 CASH NIX,J[M/PER~BOTZ-A-29?T 056215 60.00 CASH REGISTER REGISTER REGISTER FROM REGISiER - FROM REGISTER FROM REGISTER FROM REGISTER 180.00 CASH FROM REGISTER 20,00 CASH FROM REGISTER 25.00 CASH FROM RE~ISTER ' 300.00 CASH FROM REGISTER ~20,00 CASH FROM REGISTER .................... 84.35 CASH FROM REGISTER 50,00 CASH FROM REGISTER 50.00 CASH FROM REGISTER 360,00 '-M~VE~ICK aA:2980/9~---44 30.00 CASH FROM REGISTER CASH FROM REGISTER ABsORBANt/~AO~ATOR[ACC! 7~9~3o10- 999 .... 7t913,10- 999 .... R-040595-302 R-040695-303 R-041295-307 R-041295-307 R-0~2895-33I R-0~2895-331 R-050895-359 R-051895-390 R-051995-39! R-052595-395 R-052595-395 BUSCH CONST. #8090 056795 ...... RAY_pUSER A=~ ........... 05688! ENVIROMET CONST/TANK REM 057153 POOLtM/PER#8222 057629 . HCOONALO..AT2~7 ...................... 057661 INCOM MECHANICAL 057826 UK FIRE EQUIP/PERMIT 057827 R-052695-396 ........ BAFF.ICO..~YST~M~LL~.~P__E_C.[[_.Q~7~ J-053195-432 MAVERICK #A-2980/94-44 553 R-060995-413 GALLEGOS #8253 058322 R-062895-443 _ ELAINE WAGNER ......... _~ ........ 958955 ................ R-063095-459 NATHAN MCKAY CLARK 004614 4614 6,00 TOTAL: FIRE DEPT REVENUE 0,00 0,00 0.00 7~913.10 TOTAL: CHGS FOR CURRENT. SERV~S~ ................. ~'~.00 0.00 0.00 ~.t9~.~.lO TOTAL: GENERAL FUND 0,00 '0'00 ' 0,00 - 7t913.10 CITY OF UKIAH FINANCE DEPT, 4/16/96 8:33:19 REVENUE GUIOELINE"W~T~:'O~A[L FOR THE PERIOD(S) JUL 01t 1995 THROUGH MAR 31~ 1996 ACT MTD POSTEO ACT YTD POSTED ADOPTED BUDGET REVISED BUDGET ANO IN PROCESS AND IN PROCESS SOURCE-JR-ID VENDOR/cUsToMER/EXPLANATION REr/REC/CHK INVOICE jOB COST NO," - AMOUNT 100 GENERAL FUND 0800 CHGS FOR CURRENT SERVICES 616 FIRE DEPT REVENUE 004 FIRE PREVENT[ON FEES R-070395-454 MUNOZ/PLAN INSP R-070395-454 YOUTH PROG, INSP. R-070595-455 DENNY"S #8271 R-070695-457 TRINITY BAPTIST #8273 R-071395-474 MASTERSON OAY CARE R-072695-496 RWD CREDIT UNION R-072795-497 LANTERN INN ~8288 R-072895-498 RIVER COMM SCHOOL 0o00 059104 059106 059150 059209 059447 059864 059959 059996 ........ ' 0,00 .... 7t 574.04 60.00 10.00 60.00 60,00 10o00 · 60.00 30.00 10.00 R-080195-516 R-080995-530 R-081195-524 R-081695-527 R-082395-53? R-OB2495-538 R-082595-539 R-083195-569 R-090795-584 R-ogo795-SB4 R-091195-585 R-092095-603 R-092295-605 R-O92795-608 R-092895-609 R-100295-625 R-101195-631 R-101695-634 R-I01795-635 R-102695-653 R-112295-693 R-112295-693 R-120695-712 R-120695-712 R-121395-731 R-121495-732 R-122095-740 R-122095-740 R-122695-743 R-122795-744 R-OIOZ96-?6B R-010896-761 LEE HOWARD CONST .......... 060195 JET CON/TANK REMOVAL 060514 SPRINKLER INSPECTION 060604 PARADISE PIZZA #8293 060757 FIRE INSP/TRINITY SCHOOL 060967 OEEP VLY,SEC/FIRE SYST,A 061023 MASONIC LODGE .... 061092 SAGE MOVEMENT #8310 - 061292 POOLt .M PLAN REVIEW 061512 ALLPRO INV, CORP/TANK RE 061513 ASHIKUgMARK A-3011 061587 NATHAN CONST,FIRE SUB A- 061967 FREIDMAN BROS./ ...... 062067 RESPIHI #8379 062237 BUSCH CONST. 062297 NIX~JIM/FIRE SUB,#A-3050 062436 HARRISON #8405 062683 LEAF #8410 062901 MRS DENSONeS #8411 062939 MENDO.BREWERY 063272 SAVINGS BANK ~8456 064117 MENDO,BREWING CO 064132 COUNTY OF MENDO ff8417 064570 NATHAN CONST./FREIOMAN B 064550 MENDO LAKE CR A~3081 ....... 064795 TRINITY SCHOOL 064812 DEEP VALLEY SECURITY 064984 JIM ~ JIMS #8485/A-3080 ,065003 S.ORCHARD 885/895/WAT.TR 065167 WATERS CONST, 065155 MENDO BREWING CO. . 065326 MENDO LAKE HONDA/STORAGE 065507 ......................... 35.00 100.00 35.00 120.00 10.00 60.00 120.00 20.00 120,00 25.00 120.00 30.00 ................... 300.00 120.00 20,00 60.00 · 60.00 20.00 125.00 120.00 30.00 30,00 560.00 2~639.04 20,00 30,00 60.00 150.00 120,00 650.00 ZO.O0 50.00 , CI GL525R-V04.~ REMAINING BALANCE PCT DESCRIPTION 7?574.04- 999 --- CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CITY OF UKIAH FINANCE OEPro 4/16/96 8:33:19 REVENUE GU/O~CiNE' FOR THE PERIOD(S) JUL 01~ 1995 THROU&H MAR'31t 1996 ACT MTD POSTED ACT YTD POSTEO AOOPTEO BUOGET REVISEO BUDGET ANO IN PROCESS AND IN PROCESS SOURCE-JR-ID VENDOR/~USTOMER/EX~LANATION- REF/REC/CHK .... ~N~d~C~ .... ~~T~ ........ ~ ...... AMOUNT 100 GENERAL FUND 0800 CHGS FOR CURRENT SERVICES ............................................... 616 FIRE DEPT REVENUE 004 FIRE PREVENTION FEES : R-011096-780 8ULGER #8525 _ 065637., 20.00 R-012396-802 SEGAR/MAY #8529 066001 30,00 R-020896-832 SPORTS ATTIC #8541 066519 20.00 R-OZ1696-864~ MICHAEL SCHUTZ ..................... 066~9! ....... 150.00 R-022296-870 MENDO POWER CO #8554 -066922 20.00 , R-030196-887 cRAcE LUTHERAN #8564 067181 20,00 R-030696-894 RAWLES! HINKLEt CARTER 067361 750.00 R-0~0796-903 W.A. CRAIGs INC, 067398 50,00 R-030796-903 FRIEDMAN BROS #8572 067410 ITS,00 R-032896-938 SCHALLERT #8585 ........ 068040 ............................................................. 60.00 TOTAL: FIRE DEPT REVENUE 0,00 OoO0 0,00 79574.04 TOTAL: CHGS FOR CURRENT SERVICES 0.00 OeO0 0.00 79574°04 TOTAL: GENERAL FUND 0.00 0,00 0.00 79574.04 CI GL525R-V04.~ REMAINING BALANCE PCT DESCRIPTION CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGiSTE~ CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER CASH FROM REGISTER 79574.04- 999 --- 79574.04- 999 ---- 79574.04- 999 --- uJ A~ A CITY OF UKIAH ANNOUNCEMENT PLEASE BE ADVISED THAT THE CITY OF UKIAH FIRE DEPARTMENT INTENDS TO FORWARD A RECOMMENDATION TO THE CITY COUNCIL, WHICH, IF APPROVED, WOULD INCREASE FIRE DEPARTMENT FEES FOR SITE AND PLAN REVIEWS; PLAN CHECKS, FIRE CODE PERMITS; INSPECTIONS;WATER FLOW TESTS AND CALCULATIONS; COST OF REPORTS AND DOCUMENTS; AND FEES FOR PROVISION OF CERTAIN FIRE DEPARTMENT RESPONSES. THIS RECOMMENDATION ALSO INCLUDES A NEW FEE FOR AN APPEAL TO THE FIRE CODE BOARD OF APPEALS. THE EXISTING FEES HAVE REMAINED UNCHANGED SINCE THEIR ADOPTION IN 1991. THIS INCREASE IS INTENDED TO BRING THE FEES UP TO THE ACTUAL COST OF PROVIDING THE SERVICES. THE ANTICIPATED PUBLIC HEARING DATE FOR THIS ITEM IS MAY 15, 1996 AT 7:00 PM. YOU CAN REMAIN INFORMED AND APPRISED OF THIS ISSUE BY CALLING THE UKIAH FIRE DEPARTMENT AT 463-6274. 300 FRED W. KEPLINGER MENT UKIAH, CA 95482 DIRECTOR OF PUBLIC SAFETY OTHERS 1MAY UVE FIRE 707/463-6274 FAX 707/462-6068 April 24, 1996 North Coast Builders Exchange North Bay Association of Realtors Greater Ukiah Chamber of Commerce Crane of Ukiah Inc. Mendocino County Employers Council (May 9, 1996) Re: Proposed Fire Prevention Fee Resolution Dear ' The City of Ukiah Fire Department is in the process of requesting a resolution by the City Council increasing fees charged for certain Fire Department services. Attached is a proposed Fire Prevention Fee schedule, and a fee comparison chart. The resolution for this fee schedule is scheduled for public hearing and consideration at the May 15, 1996 City Council Meeting, at 7'00 PM. These fees have not been changed since their first adoption in 1991. A fee increase to completely offset the cost of running the Fire Prevention Division would be exorbitantly high, and is not the intent of this resolution. We do wish to partially offset the actual cost of providing services directly related to development projects and processes. The most significant change is an increase in the hourly rate charged for plan review services performed by the Fire Department. The current rate is $30.00 per hour. The proposed rate is $50.00 per hour. This increase is based on evaluation of actual cost to the City for Fire Prevention salary, benefits, clerical support, vehicle expenses, etc. These fees apply to Site Development Permits, Use Permits, Major & Minor Sub Divisions, Building Permits (except one & two family dwellings), Sprinkler and other Automatic Fire Extinguishing Systems, Fire Alarms, Fire Code Permits, Inspections, Water Flow Tests and Calculations. Additional fees addressed in this resolution are cost of reports and documents and fees charged in certain circumstances for Fire Department responses. These fees remain essentially at the same level, but the method of calculating response cost is changed to be more accurate. A new fee in this schedule is a fee charged for a Fire Code Board of Appeals. This function has only occurred once, and is only rarely expected to occur in the future. The cost of this process, however, is significant and the intent is to charge the appellant one half of the cost for this appeal board. The proposed resolution will be posted and noticed in accordance with applicable laws and regulations. This information is provided to inform you in advance of the intention of the City of Ukiah to amend and adopt fees which may affect you or your organization. We have also prepared an announcement of our intent which is being handed out with applications for permits affected by these fees. If you have any comment or suggestion on this proposal, please do not hesitate to contact our office and discuss the matter. You are also encouraged to attend the public hearing for the matter. Respectfully, Fred W. Keplinger Director of Public Safety Roger A. Sprehn Fire Marshal encls. Cc: City Council Agenda packet Notification Letter page 2 of 2 MENDOCINO OOUNTY EMPLOYERS OOUNCIL 245-A East Perkins Street, Ukiah, CA 95482, Tel/Fax (707) 462-5021 Mayor Schneider and Councilmembers City of Ukiah City Hall Ukiah, CA 95482 15 May 1996 Dear Mayor Schneider and Councilmembers: Thank you for the opportunity to comment on the fee resolution which is being recommended to you this evening by the Ukiah Fire Department. I am A1 Beltrami, part time Executive Director of the MCEC, a newly formed non-profit association representing employers countywide providing over 2500 full time jobs for our local citizens. The Council's purpose is to represent its membership in dealing with local government regulation and/or fees and charges which can have an impact on the finances and operations of the member businesses and employers. I want to thank Fire Marshal Sprehn for his courtesy in alerting us to this proposal last week. 'The proposed fee resolution tonight raises some specific concerns which we presen.t for your consideration in your final action. A. The proposed $50/hr rate, increased from $30/hr rate is a 66% increase. Even over 5 years, that is an extraordinary increase, apparently not related to COLAs or other cost increases. B. Since adoption by the voters of Prop. 172 in 1992, public safety is the primary function of local government. General fund revenues should be used for that primary purpose rather than reliance on fees. C. If fees are to be utilized for some public safety functions such as Prevention, they should be based on a reasonable basis related to service provided, and not for revenue. The Fire Marshal indicates that a fee to totally fund the Prevention program would "be exorbitantly high" and so he asks for a partial offset of cost related to "development projects and processes." · D. The charges under the report and documents section appear to be very high in relation to cost of producing copies of documents, reports or films. Greater justification for such charges are needed so as to overcome the impression that such charges are based on revenue considerations only rather than actual cost. MENDOCINO COUNTY EMPLOYERS COUNCIL 245-A East Perkins Street, Ukiah, CA 95482, Tel/Fax (707) 462-5021 15 May 1996 E. The charges relating to fuel tank regulation raise the policy issue as to why we need three agencies dealing with tank regulation - the fire forces, the public health department and the air pollution district and not even counting the state agencies involved. The Council may want to take a leadership role in simplying this situation, so that businesses are not dealing with three sets of fees, three inspectors and three sets of regulations. F. Finally, the Council has a very serious concern regarding the new fee for a Fire Code Board of Appeals. Under state and local laws, the Fire Marshal has substantial discretionary authority relating to fire matters. The appeal process is the only avenue for citizens to challange such determinations. To charge any fee for such an appeal, not counting the very high proposed $500, could have a chilling effect on appropriate and valid appeals by citizens. The Council should eliminate this new proposed charge totally. Your staff has utilized the time honored comparison of fees with other "selected" public agencies, including Santa Rosa with 120,000+ population, Napa with 65,000 population, Petaluma with 48,000 population, Healdsburg with 10,000 population and Willits with 5,200 population. These are interesting figures, but should not control what Ukiah determines is appropriate. That Ukiah has retained fire fees without change for 5 years is a credit to the City and not a reason for an increase. What other cities do, with differing circumstances, should not impact Ukiah and its citizens. Please keep these fees at a level to cover reasonable costs and do not add the new fee for the Fire Control Appeal Board. Also, do ask your staff to investigate if better coordination can help in the fuel tank regulation process. The M.C.E.C. thanks you for this opportunity to comment. Sincerely, A1 Beltrami Executive Director ITEM NO. 8b MEETING DATE May 15, 1996 AGENDA SUMMARY REPORT S~s~w. CT: Consideration of resolution approving lease and sub-lease agreements between City of Ukiah, MPA Leasing Corporation and Ukiah Senior Center, Inc. to refinance senior center offices SD=MMARY: On February 19, 1992 and July 15, 1992, the City Council approved a Lease-Purchase Agreement, a Sublease Agreement and related documents which would allow the Ukiah Senior Center to borrow $540,600 through tax exempt bonds to purchase and install a 12,000 sq. ft. modular building at the Senior Center on Leslie Street and consolidate social and other services for seniors in this facility and to expand its own programs. Under the arrangement approved by the City Council the City would have no financial obligation in connection with this transaction, but by entering these agreements it qualifies the senior center to obtain low cost, tax exempt financing for the project. The Senior Center seeks to refinance the loans through new lease and sublease agreements. As a result of the refinancing it will increase its borrowing to $601,578.75 and reduce its interest cost from 8.5% to 6.5%, an annual interest savings of 2%. As with the prior transactions the City is not directly involved in the repayment of the loan. Its obligations under the lease agreement must be met exclusively by the Senior Center under the sublease agreement. MPA agrees to look exclusively to the Senior Center in event of default. (Continued to page 2) RECOM~~ED ACTION: Approve resolution and authorize Mayor and City Manager to sign Lease-Purchase and Sublease and related documents and certifications for the Lease-Purchase and refinancing of the Senior Center's 12,000 sq. ft. modular building at the Ukiah Senior Center on Leslie Street. ALTERNATI¥~ COUNCIL POLICY OPTIONS: Not approve documents Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizens Advised: N/A Requested by: Ukiah Senior Center Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, City Manager Attachments: Lease Purchase Agreement, Sublease Agreement and related documents SUMMARY (continued from page 1) In order to qualify this transaction for the tax exemption the City must conduct a noticed hearing, giving advance notice of the amount to be financed. EXHIBIT F RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE LEASE-PURCHASE AGREEMENT AND SUBLEASE PURCHASE AGREEMENT TO REFINANCE THE ACQUISITION OF BUILDINGS FOR THE GREATER UKIAH SENIOR CENTER, INC. WHEREAS, there has been presented to the City Council of the City of Ukiah, California (the "Issuer") proposed forms of each of the following: 1. Lease-Purchase Agreement, dated as of May 15, 1996 (the "Lease-Purchase Agreement"), between MPA Leasing Corporation, and the Issuer, as lessee, attached hereto as Exhibit A; and 2. Sublease-Purchase Agreement, dated as of May 15, 1996 (the "Sublease Agreement"), between the Issuer, as sublessor, and the Greater Ukiah Senior Center, Inc. (the "Sublessee.,), as sublessee, attached hereto as Exhibit B; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UKIAH THAT: Section 1. It is hereby found that the Issuer is authorized by the laws of the State of California to acquire the "Equipment" (which is generally described in Exhibit A to the Lease-Purchase Agreement). Section 2. The Lease-Purchase Agreement and the Sublease Agreement (hereinafter collectively referred to as the "Agreements") are hereby approved in substantially the form and substance attached hereto as Exhibits A and B respectively, and the City Manager or Mayor of the Issuer is hereby authorized and directed for and on behalf of the Issuer to date, sign, and otherwise execute such documents, and the City Clerk of the Issuer is hereby authorized to affix the seal of the Issuer thereto and to attest such documents, and such officers are hereby authorized to deliver such documents to the other parties to such documents. Upon execution by all parties to the respective documents and delivery thereof in final form, such documents shall be binding upon the Issuer in accordance with the terms and provisions thereof. Section 3. The City Manager or Mayor of the Issuer shall be and he is hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Resolution. The City Manager or Mayor of the Issuer is further authorized, empowered and directed to approve on behalf of the Issuer any and all changes approved by the City Attorney, as counsel to the Issuer, to the Agreements, and his approval of all such changes shall be evidenced by his execution and delivery of such documents in final form. Section 4. Ail action (not inconsistent with the provisions of this Resolution) heretofore taken by the governing body of the Issuer and the officers or consultants of the Issuer in connection with the transaction contemplated by this Resolution and the Agreements shall be and the same hereby is ratified, approved and confirmed. ' Section 5. The City Manager or Mayor being an authorized representative of the Issuer having responsibility with respect to the transaction contemplated by this Resolution, is authorized and directed, alone or in conjunction with any other official, employee, or consultant of the Issuer to give an appropriate certificate on behalf of the Issuer, for inclusion in the transcript of proceedings relating to such transaction setting forth the facts, estimates, and circumstances and reasonable expectations pertaining to Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"). Section 6. The actions of the Issuer contained in this Resolution shall be subject to and conditioned upon the receipt by the Issuer, at or before the date of closing of the transaction contemplated by this Resolution, of such opinions, evidences, certificates, instruments, or other documents as shall be requested by counsel to the Issuer and Special Tax Counsel to evidence the due performance or satisfaction by the Issuer and the respective parties to the Agreements, at or prior to such time, of all agreements then to be performed and all conditions then to be satisfied by each of them. Section 7. If any section, paragraph, clause, or provision of this Resolution shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining portions of this Resolution. In case any obligation of the Issuer authorized or established by this Resolution is held to be in violation of law as applied to any person or in any circumstance, such obligation shall be deemed to be the obligation of the Issuer to the fullest extent permitted by law. PASSED AND ADOPTED on May 15, 1996, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor By: Karen Yoast, Deputy City Clerk s:\u\resos96\senior May 10, 1996 EXHIBIT A LEASE PURCHASE AGREEMENT MAY 15, 1996 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation LEASE-PURCHASE AGREEMENT TABLE OF CONTENTS Participants and Introductory Statements ARTICLES Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Definitions and Exhibits ................................................................................. 2 Representation, Covenants and Warranties ....................................................... 3 Lease of Equipment .......................................................................................... 5 Term of the Lease. Lease-Purchase Payments ................................................................................5 Title. · '"'""'"'"""'"""'"'"'"'-'-"-'.. .... ..-...-........--..-......................................... 6 Warranties... · '"' .... .................................................................................... ..... 7 Prepayment .................................................................................................... 8 Assignment, Subleasing, Assignment of Sublease ............................................. 8 Events of Default and Remedies .......................................................................9 Administrative Provisions ............................................................................. 10 EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Description of Equipment ................................................................................ A Lease-Purchase Payment Schedule ................................................................. B Opinion of Counsel ......................................................................................... C Notice of Public Hearing ............................................................................... D Resolution Approving Lease and Sublease ....................................................... E Federal Tax and No-Arbitrage Certificate .................................................... F Certificate of Lessor ...................................................................................... G Certificate of Chief Elected Official .............................................................. H Sublease Agreement Documents follow Exhibit H 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation LEASE-PURCHASE AGREEMENT Between MPA Leasing Corporation, Lessor and the City of Ukiah, as Lessee Dated as of May 15, 1996 THIS LEASE-PURCHASE AGREEMENT dated as of May 15, 1996, (this "Lease") by and between MPA Leasing Corporation, a corporation duly organized and existing under the laws of the State of California as Lessor (the "Lessor"), whose address is 465 California Street, Suite 600, San Francisco, California 94104, and the City of Ukiah, a municipal corporation and political subdivision of the State of California as Lessee (the "Lessee"), whose address is 300 Seminary Drive, Ukiah, California 95482. WITNESSETH WHEREAS, Lessee is authorized by law to acquire items of real or personal property and lease such property to nonprofit corporations; and to acquire such real or personal property by entering into lease-purchase agreements. WHEREAS, Lessee has determined that it is necessary for it to acquire under this Lease certain items of personal property described herein as "Equipment"; and WHEREAS, Lessor is willing to acquire such items of Equipment and to lease and sell them to Lessee pursuant to this Lease; NOW THEREFORE, In the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, and for other valuable consideration, the parties hereto recite and agree as follows: 1 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation ARTICLE I DEFINITIONS AND EXHIBITS SECTION 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease, have the meanings herein specified. Closing Date: The date upon which Lessor deposits with The Greater Ukiah Senior Center Funds to pay for the Lease Purchase Agreement. Contractor: Each of the manufacturers or vendors from whom Sublessee (or Lessor at Lessee's request) has ordered or will order or with whom Sublessee (or Lessor at Lessee's request) has contracted or will contract for the manufacture, dehvery and/or installation of the Equipment. Equipment Cost: With respect to each item of Equipment subject to this Lease, the price therefor required to be paid to the Contractor. Independent Counsel: An attorney duly admitted to the practice of law before the highest court of the State who is not a full-time employee of Lessor or Lessee or Sublessee. Interest: The portion of any Lease-Purchase Payment designated as and comprising interest as shown in the attached Exhibit B. .Net Proceeds: Any insurance proceeds or condemnation award, paid with respect to the Equipment, remaining after payment therefrom of all expenses incurred in the collection thereof. Payment Date: The date upon which any Lease-Purchase Payment is due and payable as provided in Exhibit B. Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which Sublessee may, pursuant to the provisions of Section 7.3 of the Sublease, permit to remain unpaid, (ii) this Lease and amendments hereof, (iii) the Sublease and amendments thereto, (iv) Lessor's interest in the Equipment, and (v) any mechanic's, laborer's, materialman's, suppher's or vendor's lien or right not filed or perfected in the manner prescribed by law, other than any lien arising through a Contractor or which Sublessee may, pursuant to Article VIII of the Sublease, permit to remain unpaid. Prepayment Price: With respect to the Equipment, as of the payment Dates specified in the attached Exhibit B, the amount so designated and set forth opposite such date. Principal: The portion of any Lease-Purchase Payment designated as principal in Exhibit B. Specifications: The bid specifications and/or purchase order pursuant to which Sublessee has ordered the Equipment from the Contractor. State: The State of California. State and Federal Law or Laws: The Constitution and any law of the State and any rule or regulation of any agency or political subdivision of the State, and any law of the United States, and any rule or regulation of any federal agency. Sublease: The Sublease Agreement, dated as of the date hereof, by and between Lessee, as Sublessor, and Sublessee, as Sublessee. 2 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation Sublease Purchase Payments: The payment due from Sublessee to Lessee on each payment date as set forth on Exhibit B to the Sublease. 4.1. Sublessee: The Greater Ukiah Senior Center, Inc., a California nonprofit corporation. Term of this Lease or Lease Term: The period during which this Lease is in effect as specified in Section SECTION 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Lease: Exhibit A: A description of the Equipment being leased by Lessee pursuant to this Lease, including the serial number thereof which shall be inserted when available. Exhibit B: A schedule indicating the date and amount of each Lease-Purchase Payment coming due during the Lease Term, the amount of each Lease-Purchase Payment comprising Principal and Interest, and the price at which Lessee may prepay its obligation to make all future Lease-Purchase Payments with respect to the Equipment in accordance with Article VIII. Exhibit C: An opinion of counsel to Lessee as to the organization, nature and powers of Lessee; the validity, execution and delivery of this Lease and the Sublease and various related documents; the absence of litigation; and related matters. Exhibit D: Notice of Public Hearing. Exhibit E: Resolution approving Lease andSublease. Exhibit F: Federal Tax and No-Arbitrage Certificate. Exhibit G: Certificate of Lessor Exhibit H: Certificate of Chief Elected Official. ARTICLE II REPRESENTATIONf COVENANTS AND WARRANTIES SECTION 2.1 Representations, Covenants. and Warranties of Lessee. Lessee represents, covenants and warrants as follows: (a) Lessee is a municipal corporation and political subdivision of the State, duly organized and existing under the Constitution and laws of the State. (b) Lessee is authorized under the Constitution and laws of the State to enter into this Lease and the Sublease, and the transactions contemplated hereby, and to perform all of its obligations hereunder. 3 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation (c) The officer of Lessee executing this Lease and the Sublease has been duly authorized to execute and deliver this Lease and the Sublease under the terms and provisions of a resolution of Lessee's governing body, or by other appropriate official action. (d) In authorizing and executing this Lease and the Sublease, Lessee has complied with all public bidding and other State and Federal Laws applicable to this Lease and the Sublease, if any, and the acquisition of the Equipment by Lessee. (e) Lessee will not pledge, mortgage or assign this Lease, or its duties and obhgations hereunder to any other person, firm or corporation except as provided under the terms of this Lease. (g) Lessee will take no action that would cause the Interest portion of the Lease-Purchase Payments to become includable in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the Code) and Treasury Regulations promulgated thereunder (the Regulations), and Lessee will take and will cause its officers, employees and agents to take all affirmative actions legally within its power necessary to ensure that the Interest portion of the Lease-Purchase Payments does not become includable in gross income of the recipient for federal income tax purposes under the Code and Regulations. (h) Upon execution of this Lease, Lessee will provide to Lessor a completed and executed copy of the Sublease and the opinion of the legal counsel to the Sublessee attached to the Sublease as Exhibit D. (i) Upon delivery and installation of the Equipment, Lessee will cause Sublessee to deliver to Lessor a completed and executed copy of the Certificate of Acceptance attached to the Sublease as Exhibit C. (j) Upon the execution of this Lease, Lessee will provide to Lessor an opinion of its legal counsel in the form attached hereto as Exhibit C. (k) Lessee will submit to the Secretary of the Treasury an information reporting statement at the time and in the form required by the Code and the Regulations. SECTION 2.2 Representations, Covenants, and Warranties of Lessor. Lessor represents, covenants and warrants as follows: (a) Lessor is a corporation duly organized, existing and in good standing under and by virtue of the laws of the State of California, and is duly qualified and in good standing as a foreign corporation authorized to transact business in the State; has power to enter into this Lease; is possessed of full power to own and hold real and personal property, and to lease the same; and has duly authorized the execution and delivery of this Lease. (b) Neither the execution and delivery of this Lease nor the fulfillment of or compliance with the terms and conditions thereof, not the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which Lessor is now a party or by which Lessor is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Lessor, or upon the Equipment except Permitted Encumbrances. 4 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation ARTICLE III LEASE OF EQUIPMENT SECTION 3.1 Lease, Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth in this Lease. Lessor hereby acknowledges and agrees that Lessee will lease and sell the Equipment to Sublessee upon the terms and conditions set forth in the Sublease. Lessor agrees to be bound by and subject to the terms of the Sublease, and to look to Sublessee for the performance of all obligations of Lessee which are required to be performed by Sublessee under the Sublease. SECTION 3.2 Possession and Enjoyment. Lessor hereby covenants to provide Lessee during the Term of this Lease with the quiet use and enjoyment of the Equipment, and Lessee shall during the Term of this Lease peaceably and quietly have and hold and enjoy the Equipment, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Lease. Lessor will, at the request of Lessee and at Lessee's cost, join in any legal action in which Lessee asserts its right to such possession and enjoyment to the extent Lessor lawfully may do so. SECTION 3.3 Lessor Access to Equipmelat, Lessee agrees that Lessor shall have the right at all reasonable times to examine and inspect the Equipment. Lessee further agrees that Lessor shall have such rights of access to the Equipment as may be reasonably necessary to cause the proper maintenance of the Equipment in the event of failure by Lessee to perform its obligations hereunder. ARTICLE IV TERM OF THE LEASE SECTION 4.1 Lease Term. This Lease shall be in effect for a Term commencing upon its date of execution and ending as provided in Section 4.2 SECTION 4.2 Termination of Lease Term. The Term of this Lease will terminate upon the occurrence of the first of the following events: (a) Lessee's payment of all Lease-Purchase Payments then due with respect to the Equipment, plus Lessee's payment of the applicable Prepayment Price as shown on Exhibit B, all pursuant Article VIII; (b) a default by Lessee, or by Sublessee pursuant to the Sublease, and Lessor's election to terminate this Lease pursuant to Article XII; or (c) the payment by Lessee of all Lease-Purchase Payments and all other amounts authorized or required to be paid by Lessee hereunder. ARTICLE V LEASE-PURCHASE PAYMENTS SECTION 5.1 Lease-Purchase Payments. Lessee agrees to pay Lease-Purchase Payments during the Term of this Lease, in the amounts and on the dates specified in Exhibit B. All Lease-Purchase Payments shall be paid to Lessor at its offices at the address specified in the first paragraph of this Lease, or to such other person(s) or entity(ies) to which Lessor has assigned such Lease-Purchase Payments as specified in Article XI, at such place 5 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation as such assignee may from time to time designate by written notice to Lessee. Lessee shall pay the Lease- Purchase Payments exclusively from moneys legally available therefor, in lawful money of the United States of America, to Lessor or, in the event of assignment of the right to receive Lease-Purchase Payments by Lessor, to its assignee(s). SECTION 5.2. Source of Payment. All Lease-Purchase Payments and any other amounts required to be paid by Lessee pursuant to this Lease shall be paid only from moneys required to be paid by Sublessee pursuant to the Sublease. No provision, covenant or agreement contained in this Lease or any obligation herein imposed upon Lessee, or the breach thereof, shall constitute or give rise to or impose upon Lessee a pecuniary liability or a charge upon its general credit or taxing powers. In making the agreements, provisions and covenants set forth in this Lease, Lessee has not obligated itself except with respect to the Equipment and the application of the payments received from Sublessee pursuant to the Sublease. Neither the State nor a political subdivision or agency or the State, including the City of Ukiah, California, is obligated to pay any Lease-Purchase Payments; and neither the faith and credit nor the taxing power of the State, the City of Ukiah, California or any other political subdivision or agency of the State is pledged to the payment of the Lease-Purchase Payments. SECTION 5.3. Interest Component. A portion of each Lease-Purchase Payment is paid as and represents the payment of Interest. Exhibit B sets forth the Interest component of each Lease-Purchase Payment. SECTION 5.4. Lease-Purchase Payment to be Unconditional. The obhgation of Lessee to make Lease-Purchase Payments or any other payments required hereunder, solely from the sources described in Section 5.2 hereof. shall be absolute and unconditional in all events except as expressly provided under this Lease. Notwithstanding any dispute between Lessee and Lessor or any other person Lessee shall make all Lease Purchase Payments and other payments required hereunder when due and shall not withhold any Lease Purchase Payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such Lease-Purchas~ Payments or other.payments required under this Lease. Lessee's obligation to make Lease-Purchase Payments or other payments shall not be abated through accident or unforeseen circumstances. However. nothine herein shall be construed to release Lessor from the performance of its obligations hereunder: and if Lessor should fail to perfom-t any such obligation Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel' the perfo~:mance of such obligation or to recover damages therefor. ARTICLE VI TITLE SECTION 6.1. Title, During the Term of this Lease, and so long as no Event of Default has occurred and is continuing under Article X legal title to the Equipment and any and all repairs, replacements, substitutions and modifications to it shall be in Sublessee pursuant to the Sublease. Upon the occurrence of an event of default as defined in Section 10.1 and Lessor's termination of this Lease as provided in Article X, full and unencumbered legal title to the Equipment shall pass to Lessor, and Lessee and Sublessee shall have no further interest therein. In such event, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title to the Equipment to Lessor and/or the termination of Lessee's and Sublessee's interest therein, and upon request by Lessor shall require Sublessee to deliver possession of the Equipment to Lessor in accordance with Section 10.3 and Section 12.3 of the Sublease. Upon termination of this Lease for any of the reasons specified in Section 4.2, Clauses (a) and (c), Lessor's security or other interest in the Equipment shall terminate, and Lessor shall execute and deliver to Sublessee such documents as Sublessee may request to evidence the termination of Lessor's security or other interest in the Equipment. 6 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SECTION 6.2. Security Interest. Lessor shall have and retain a security interest under the Uniform Commercial Code in the Equipment, the proceeds thereof and all repairs, replacements, substitutions and modifications thereto or thereof pursuant to Section 6.5, in order to secure Lessee's payment of all Lease- Purchase Payments due during the Term of this Lease and the performance of all other obhgations herein to be performed by Lessee, and the performance by Sublessee of all of its obhgations under the Sublease. Lessee will join with Lessor in executing such financing statements or other documents and will perform such acts as Lessor may request to establish and maintain a valid security interest in the Equipment. If requested by Lessor, Lessee shall require Sublessee to conspicuously mark the Equipment with appropriate lettering, labels or tags, and maintain such markings during the Term of this Lease, so as clearly to disclose Lessor's security interest in the Equipment. SECTION 6. 3. Personal Property. The Equipment is and shall at all times be and remain personal property notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise. ARTICLE VII WARRANTIES SECTION 7.1. Selection of Equipment. Lessor shall have no responsibility in connection with the selection of the Equipment, its suitability for the use intended by Lessee or Sublessee, the acceptance by Lessee or the Contractor or its sales representative of the order submitted, or any delay or failure by the Contractor or its sales representative to manufacture, deliver or install the Equipment for use by Lessee or Sublessee. SECTION 7.2. Installation and Maintenance of Equipment. Lessor shall have no obligation to install, erect, test, inspect, service or maintain the Equipment under any circumstances. All such obligations shall be the sole responsibility of the Sublessee pursuant to the Sublease. SECTION 7.3. Contr0ctor's Warranties. Lessor hereby assigns to Lessee for and during the Term of this Lease, all of its interest in all Contractor's warranties and guarantees, express or implied, issued on or applicable to the Equipment, and Lessor hereby authorizes Lessee to obtain the customary services furnished in connection with such warranties and guarantees at Lessee's expense. SECTION 7.4. Potent Infringement. Lessor hereby assigns to Lessee for and during the Term of this Lease all of its interest in patent indemnity protection provided by any Contractor with respect to the Equipment. Such assignment of patent indemnity protection by Lessor to Lessee shall constitute the entire liability of Lessor for any patent infringement by Equipment furnished pursuant to this Lease. SECTION 7.5. Disclaimer of Warranties. THE EQUIPMENT IS DELIVERED AS IS, AND LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY SUBLESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. 7 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation ARTICLE VIII PREPAYMENT SECTION 8.1. When Available, Lessee shall have the option to prepay its obligation to pay all future Lease- Purchase Payments with respect to the Equipment on any Payment Date for the then applicable Prepayment Price set forth in Exhibit B, but only if Lessee is not in default under this Lease and only in the manner provided in this Article. SECTION 8.2. Exercise of Option. Lessee shall give notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option is to be exercised and shall deposit with Lessor on the date of exercise an amount equal to all Lease-Purchase Payments and any other amounts then due or past due (including the Lease-Purchase Payment due on the Payment Date on which the option is to be exercised) and the applicable Prepayment Price set forth in Exhibit B. The closing shall be on the Payment Date on which the option is to be exercised at the office of Lessor. SECTION 8.3° Release of Lessor's Interest, Upon exercise of the prepayment option by Lessee, Lessor shall convey or release to Sublessee, all of its right, title and/or interest in and to the Equipment by delivering to Sublessee such documents as Sublessee deems necessary for this purpose. SECTION 8.4. Sublessee's Righto, Lessor specifically acknowledges the right of Sublessee to exercise Lessee's rights under this Article VIII so long as Sublessee is not in default under the Sublease. ARTICLE IX ASSIGNMENTf SUBLEASING AND ASSIGNMENT OF SUBLEASE SECTION 9.1. Assignment by Lessor. Lessor shall not assign its obligations under this Lease, and no purported assignment thereof shall be effective. All of Lessor's right, title and/or interest in and to this Lease, the Lease- Purchase Payments and other amounts due hereunder, the Equipment and the Sublease may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor at any time, without the consent of Lessee. No such assignment shall be effective as against Lessee unless and until the assignor shall have filed with Lessee a copy or written notice thereof identifying the assignee. Lessee shall pay all Lease-Purchase Payments due hereunder to or at the direction of Lessor or the assignee named in the most recent assignment or notice of assignment filed with Lessee. During the Lease Term Lessee shall keep a complete and accurate record of all such assigrrments. In the event Lessor assigns participation in its right, title and/or interest in and to this Lease, the Lease-Purchase Payments and other amounts due hereunder and the Equipment, such participants shall be considered to be Lessor with respect to their participated shares thereof; provided, however, that Lessor will not assign participation in its rights, title and/or interest in and to this Lease, including the Lease- Purchase Payments and other amounts due hereunder in such a manner which would require the Lessee to send Lease-Purchase Payments to more than one person or entity. SECTION 9.2. Sublease. Lessor hereby approves the form of the Sublease and gives its consent to the execution and delivery by Lessee of the Sublease. SECTION 9.3. Assignment of Sublease. Lessee hereby assigns to Lessor all of its right, title and interest in and to the Sublease, the Sublease-Purchase Payments and other amounts due thereunder, its interest in the Equipment pursuant thereto and the right to exercise all rights conferred upon it as Sublessor under the Sublease. Lessor hereby accepts such assignrnent. Lessee irrevocably constitutes and appoints Lessor and any 8 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation present or future officer or agent of Lessor, as its lawful attorney, with full power of substitution and resubstitution, and in the name of Lessee or otherwise, to collect the Sublease-Purchase Payments and any other payments due with respect to the Equipment under the Sublease and to sue in any court for such Sublease- Purchase Payments or other payments, or in the event of termination of or default under the Sublease by Sublessee to recover the Equipment, and to withdraw or settle any claims, suits or proceedings pertaining to or arising out of the Sublease upon any terms. ARTICLE X EVENTS OF DEFAULT AND REMEDIES SECTION 10.1. Events of Default Defined. The following shall be "events of default" under this Lease and the terms "events of default" and "default" shall mean, whenever they are used in this Lease, with respect to the Equipment, any one or more of the following events: (i) Failure by Lessee to pay any Lease-Purchase Payment or other payment required to be paid under this Lease, solely from the sources described in Section 5.2 hereof, at the time specified herein and the continuation of said failure for a period of three (3) days after telephonic or telegraphic notice given by Lessor that the payment referred to in such notice has not been received, such telephonic or telegraphic notice to be subsequently confirmed in writing, or after written notice. (ii) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Clause (i) of this Section, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected. (iii) The filing by Lessee of a voluntary petition in bankruptcy, or failure by Lessee to lift within 90 days of the occurrence of any execution, gamishment or attachment of such consequence as would impair the ability of Lessee to carry on its statutory functions or adjudication of Lessee as a bankrupt, or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to Lessee in any proceedings instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted. (iv) A default by Sublessee pursuant to Article XII of the Sublease. SECTION 10.2. Remedies on Default. (a) Subject to the provisions of Section 10.2 (b) hereunder, whenever any event of default referred to in Section 10.1 hereof shall have happened and be continuing with respect to the Equipment, Lessor shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps: (i) Lessor may declare the then applicable Prepayment Price set forth on Exhibit B to be due and payable by Lessee, whereupon such Prepayment Price shall be immediately due and payable. 9 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation (ii) Lessor may exercise any of the remedies provided to Lessee under the Sublease. (iii) Lessor may take any other remedy available at law or in equity to require Lessee to perform its obligations hereunder. (b) Notwithstanding the provisions of Section 10.2 (a) above, if the Sublessee is not in default under the Sublease, Lessor may not exercise any remedy under Section 10.2 (a) above or any other remedy against the Lessee which would have the effect of (i) accelerating all Sublease-Purchase Payments under the Sublease, (ii) requiring the Sublessee to return the Equipment to the Lessor pursuant to Section 10.3 hereof and Section 12.3 of the Sublease or (iii) terminating the Sublease or the Lease. Sublessee is an intended third party beneficiary to this provision. SECTION 10.3. Return of Equipment, Upon the termination of this Lease prior to the payment of all Lease- Purchase Payments in accordance with Exhibit B, Lessee shall require Sublessee to return the Equipment to Lessor in the condition, repair, appearance and working order required in Section 7.2 of the Sublease, in the following manner as may be specified by Lessor: (i) by delivering the Equipment at Sublessee's cost and expense to such place within the State as Lessor shall specify; or (ii) by loading such portions of the Equipment as are considered movable at Sublessee's cost and expense, on board such carrier as Lessor shall specify and shipping the same, freight prepaid, to the place specified by Lessor. If Sublessee refuses to return the Equipment in the manner designated, Lessor may repossess the Equipment and charge to Sublessee the costs of such repossession or pursue any remedy described in Section 12.2 of the Sublease. SECTION 10.4. No Remedy Exclusive. No remedy conferred upon or reserved to Lessor by this Article is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Lessor or its assignee. SECTION 10.5. Late Charge. Whenever any event of default referred to in Section 10.1, Clause (i) hereof shall have happened and be continuing with respect to the Equipment, Lessor shall have the right, at its option and without any further demand or notice, to require a one-time late payment charge equal to four percent (4%) of the delinquent amount, and Lessee shall be obligated to pay the same, but solely from the sources described in Section 5.2 hereof, immediately upon receipt of Lessor's written invoice therefor; provided, however, that this Section 10. 5 shall not be applicable if or to the extent that the application thereof would affect the validity of this Lease. ARTICLE XI ADMINISTRATIVE PROVISIONS SECTION 11.1. Notices, All notices, certificates, legal opinions or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in registered or certified form, return receipt requested, with postage fully' prepaid to the addresses specified on the first page hereof; provided that Lessor and Lessee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions or other communications will be sent. SECTION 11.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. 10 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SECTION 11.3. Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof SECTION 11.4. Amendments. Changes and Modifications. This Lease may be amended or any of its terms modified only by written document duly authorized, executed and delivered by Lessor and Lessee. SECTION 11.5. Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses of this Lease. SECTION 11.6. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instTuments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, and for carrying out the expressed intention of this Lease. SECTION 11.7. Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 11.8. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State. IN WITNESS WHEREOF, Lessor has caused this Lease to be executed in its corporate name by its duly authorized officer; and Lessee has caused this Lease to be executed in its name by its duly authorized officer, as of the date first above written. Dated: .May 15,1996 MPA LEASING CORPORATION, as Lessor Richard A. Grossman Its: President CITY OF UKIAH, as Lessee Its: Ci.ty Manager 11 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT A DESCRIPTION OF EOUIPMENT Thirty-Eight (38) 10'X 32' Steel Frame Modular Buildings CITY OF UKIAH, as Lessee By Its: City. Manager A 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT B AMORTIZATION SCHEDULE GREATER UKIAH SENIOR CENTER EXPANSION PROJECT $601,578.75 1 Jun-15-96 $6,027.34 $3,258.55 $2,768.79 $598,809.96 2 Ju1-15-96 $6,027.34 $3,243.55 $2,783.79 $596,026.17 3 Aug-15-96 $6,027.34 $3,228.48 $2,798.86 $593,227.31 4 Sep-15-96 $6,027.34 $3,213.31 $2,814.03 $590,413.28 5 Oct-15-96 $6,027.34 $3,198.07 $2,829.27 $587,584.01 6 Nov-15-96 $6,027.34 $3,182.75 $2,844.59 $584,739.42 7 Dec-15-96 $6.027.34 $3.167,~ $2.860.00 $581,879.42 Annual Subtotal: $42,191.38 $22,492.05 $19,699.33 8 Jan-15-97 $6,027.34 $3,151.85 $2,875.50 $579,003.92 9 Feb-15-97 $6,027.34 $3,136.27 $2,891.07 $576,112.86 10 Mar-15-97 $6,027.34 $3,120.61 $2,906.73 $573,206.13 11 Apr-15-97 $6,027.34 $3,104.87 $2,922.47 $570,283.66 12 May-15-97 $6,027.34 $3,089.04 $2,938.31 $567,345.35 13 Jun-15-97 $6,027.34 $3,073.12 $2,954.22 $564,391.14 14 Ju1-15-97 $6,027.34 $3,057.12 $2,970.22 $561,420.92 15 Aug-15-97 $6,027.34 $3,041.03 $2,986.31 $558,434.61 16 Sep-15-97 $6,027.34 $3,024.85 $3,002.49 $555,432.12 17 Oct-15-97 $6,027.34 $3,008.59 $3,018.75 $552,413.37 18 Nov-15-97 $6,027.34 $2,992.24 $3,035.10 $549,378.27 19 Dec-15-97 $6.027.34 $2.975.~0 $3.051.54 $546,326.73 Annual Subtotal: $72,328.08 $36,775.39 $35,552.69 20 Jan-15-98 $6,027.34 $2,959.27 $3,068.07 $543,258.66 21 Feb-15-98 $6,027.34 $2,942.65 $3,084.69 $540,173.97 22 Mar-15-98 $6,027.34 $2,925.94 $3,101.40 $537,072.57 23 Apr-15-98 $6,027.34 $2,909.14 $3,118.20 $533,954.37 24 May-15-98 $6,027.34 $2,892.25 $3,135.09 $530,819.28 25 Jun-15-98 $6,027.34 $2,875.27 $3,152.07 $527,667.21 26 Ju1-15-98 $6,027.34 $2,858.20 $3,169.14 $524,498.07 27 Aug-15-98 $6,027.34 $2,841.03 $3,186.31 $521,311.76 28 Sep-15-98 $6,027.34 $2,823.77 $3,203.57 $518,108.19 29 Oct-15-98 $6,027.34 $2,806.42 $3,220.93 $514,887.27 30 Nov-15-98 $6,027.34 $2,788.97 $3,238.37 $511,648.90 31 Dec-15-98 $6.027.34 $2.771.49 $3.255.9~ $508,392.99 Annual Subtotal: $72,328.08 $34,394.34 $37,933.74 B-1 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT 32 Jan-15-99 $6,027.34 $2,753.80 $3,273.54 $505,119.45 33 Feb-15-99 $6,027.34 $2,736.06 $3,291.28 $501,828.17 34 Mar-15-99 $6,027.34 $2,718.24 $3,309.10 $498,519.07 35 Apr-15-99 $6,027.34 $2,700.31 $3,327.03 $495,192.04 36 May-15-99 $6,027.34 $2,682.29 $3,345.05 $491,846.99 37 Jun-15-99 $6,027.34 $2,664.17 $3,363.17 $488,483.82 38 Ju1-15-99 $6,027.34 $2,645.95 $3,381.39 $485,102.43 39 Aug-15-99 $6,027.34 $2,627.64 $3,399.70 $481,702.73 40 Sep-15-99 $6,027.34 $2,609.22 $3,418.12 $478,284.61 41 Oct-15-99 $6,027.34 $2,590.71 $3,436.63 $474,847.98 42 Nov-15-99 $6,027.34 $2,572.09 $3,455.25 $471,392.73 43 Dec-15-99 $6.027.34 $2.553.38 $3.473.96 $467,918.77 Annual Subtotal: $72,328.08 $31,853.86 $40,474.22 44 Jan-15-00 $6,027.34 $2,534.56 $3,492.78 $464,425.99 45 Feb-15-00 $6,027.34 $2,515.64 $3,511.70 $460,914.29 46 Mar-15-00 $6,027.34 $2,496.62 $3,530.72 $457,383.57 47 Apr-15-00 $6,027.34 $2,477.49 $3,549.85 $453,833.72 48 May-15-00 $6,027.34 $2,458.27 $3,569.07 $450,264.65 49 Jun-15-00 $6,027.34 $2,438.93 $3,588.41 $446,676.24 50 Jul-15-00 $6,027.34 $2,419.50 $3,607.85 $443,068.40 51 Aug-15-00 $6,027.34 $2,399.95 $3,627.39 $439,441.01 52 Sep-15-00 $6,027.34 $2,380.31 $3,647.03 $435,793.98 53 Oct-15-00 $6,027.34 $2,360.55 $3,666.79 $432,127.19 54 Nov-15-00 $6,027.34 $2,340.69 $3,686.65 $428,440.54 55 Dec-15-00 $6.027.34 $2.320.72 ~ $424,733.92 Annual Subtotal: $72,328.08 $29,143.23 $43,184.85 56 Jan-15-01 $6,027.34 $2,300.64 $3,726.70 $421,007.22 57 Feb-15-01 $6,027.34 $2,280.46 $3,746.88 $417,260.34 58 Mar-15-01 $6,027.34 $2,260.16 $3,767.18 $413,493.16 59 Apr-15-01 $6,027.34 $2,239.75 $3,787.59 $409,705.57 60 May-15-01 $6,027.34 $2,219.24 $3,808.10 $405,897.47 61 Jun-15-01 $6,027.34 $2,198.61 $3,828.73 $402,068.74 62 Jul-15-01 $6,027.34 $2,177.87 $3,849.47 $398,219.27 63 Aug-15-01 $6,027.34 $2,157.02 $3,870.32 $394,348.95 64 Sep-15-01 $6,027.34 $2,136.06 $3,891.28 $390,457.67 65 Oct-15-01 $6,027.34 $2,114.98 $3,912.36 $386,545.31 66 Nov-15-01 $6,027.34 $2,093.79 $3,933.55 $382,611.76 67 Dec-15-01 $6.027.34 $2.072.48 $3.954.86 $378,656.90 Annual Subtotal: $72,328.08 $26,251.06 $46,G77.02 B-2 465 California Street, Suite 600, San Frandsco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT 68 Jan-15-02 $6,027.34 $2,051.06 $3,976.28 $374,680.62 69 Feb-15-02 $6,027.34 $2,029.52 $3,997.82 $370,682.80 70 Mar-15-02 $6,027.34 $2,007.87 $4,019.47 $366,663.33 71 Apr-15-02 $6,027.34 $1,986.09 $4,001.25 $362,622.08 72 May-15-02 $6,027.34 $1,964.20 $4,063.14 $358,558.94 73 Jun-15-02 $6,027.34 $1,942.19 $4,085.15 $354,473.79 74 Jul-15-02 $6,027.34 $1,920.07 $4,107.27 $350,366.52 75 Aug-15-02 $6,027.34 $1,897.82 $4,129.52 $346,237.00 76 Sep-15-02 $6,027.34 $1,875.45 $4,151.89 $342,085.11 77 Oct-15-02 $6,027.34 $1,852.96 $4,174.38 $337,910.73 78 Nov-15-02 $6,027.34 $1,830.35 $4,196.99 $333,713.74 79 Dec-15-02 $6.027.34 $1.807.62 $4.219.72 $329,494.02 Annual Subtotal: $72,328.08 $23,165.20 $49,162.88 80 Jan-15-03 $6,027.34 $1,784.76 $4,242.58 $325,251.44 81 Feb-15-03 $6,027.34 $1,761.78 $4,265.56 $320,985.88 82 Mar-15-03 $6,027.34 $1,738.67 $4,288.67 $316,697.21 83 Apr-15-03 $6,027.34 $1,715.44 $4,311.90 $312,385.31 84 May-15-03 $6,027.34 $1,692.09 $4,335.25 $308,050.06 85 Jun-15-03 $6,027.34 $1,668.60 $4,358.74 $303,691.32 86 Jul-15-03 $6,027.34 $1,644.99 $4,382.35 $299,308.97 87 Aug-15-03 $6,027.34 $1,621.26 $4,406.08 $294,902.89 88 Sep-15-03 $6,027.34 $1,597.39 $4,429.95 $290,472.94 89 Oct-15-03 $6,027.34 $1,573.40 $4,453.94 $286,019.00 90 Nov-15-03 $6,027.34 $1,549.27 $4,478.07 $281,540.93 91 Dec-15-03 $6.027.34 $1.525.01 $4.502.33 $277,038.60 Annual Subtotal: $72,328.08 $19,872.66 $52,455.42 92 Jan-15-04 $6,027.34 $1,500.63 $4,526.71 93 Feb-15-00 $6,027.34 $1,476.11 $4,551.23 94 Mar- 15-00 $6,027.34 $1,451.45 $4,575.89 95 Apr- 15-04 $6,027.34 $1,426.67 $4,600.67 96 May-15-04 $6,027.34 $1,401.75 $4,625.59 97 Jun-15-00 $6,027.34 $1,376.69 $4,650.65 98 Jul- 15-04 $6,027.34 $1,351.50 $4,675.84 99 Aug-15-04 $6,027.34 $1,326.17 $4,701.17 100 Sep-15-00 $6,027.34 $1,300.71 $4,726.63 101 Oct-15-04 $6,027.34 $1,275.11 $4,752.23 102 Nov- 15-00 $6,027.34 $1,249.36 $4,777.98 103 Dec- 15-04 $6.027.34 $1.223.48 $4.803.86 Annual Subtotal: $72,328.08 $16,359.63 $55,968.45 $272.511.89 $267.960.66 $263 ~384.77 $258.784.10 $254.158.51 $249 507.86 $244,832.02 $240,130.85 $235,400.22 $230,651.99 $225,874.01 $221,070.15 B-3 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT 104 Jan-15-05 $6,027.34 $1,197.46 105 Feb- 15-05 $6,027.34 $1,171.30 106 Mar- 15-05 $6,027.34 $1,145.00 107 Apr-15-05 $6,027.34 $1,118.55 108 May-15-05 $6,027.34 $1,091.96 109 Jun-15-05 $6,027.34 $1,065.23 110 Jul-15-05 $6,027.34 $1,038.35 111 Aug-15-05 $6,027.34 $1,011.33 112 Sep- 15-05 $6,027.34 $984.16 113 Oct-15-05 $6,027.34 $956.84 114 Nov-15-05 $6,027.34 $929.38 115 Dec - 15-05 $6.027.34 $901.76 Annual Subtotal: $72,328.08 $12,611.32 $4,829.88 $4,856.04 $4,882.34 $4.908.79 $4.935.38 $4.962.11 $4.988.99 $5.016.01 $5.043.18 $5.070.50 $5 ~097.96 $5.125.55 $59,716.76 $216.240.27 $211.384.23 $206.501.89 $201.593.10 $196.657.72 $191.695.61 $186.706.62 $181.690.61 $176.647.43 $171,576.93 $166,478.97 $161,353.39 116 Jan-15-06 117 Feb-15-06 118 Mar-15-06 119 Apr-15-06 120 May-15-06 121 Jun-15-06 122 Jul-15-06 123 Aug-15-06 124 Sep-15-06 125 Oct-15-06 126 Nov-15-06 127 Dec-15-06 Annual Subtotal: $6,027.34 $6.027.34 $6 ~027.34 $6.027.34 $6.027.34 $6.027.34 $6.027.34 $6.027.34 $6 027.34 $6 027.34 $6,027.34 $6.027.34 $72,328.08 $874.00 $5,153.34 $156,200.05 $846.08 $5,181.26 $151,018.77 $818.02 $5,209.32 $145,809.47 $789.80 $5,237.54 $140,571.93 $761.43 $5,265.91 $135,306.02 $732.91 $5,294.43 $130,011.59 $704.23 $5,323.11 $124,688.48 $675.40 $5,351.94 $119,336.54 $646.41 $5,380.93 $113,955.61 $617.26 $5,410.08 $108,545.53 $587.95 $5,439.39 $103,106.14 $558.49 $5.468.85 $97,637.29 $8,611.98 $63,716.10 128 Jan-15-07 $6,027.34 $528.87 $5,498.47 $92,138.82 129 Feb-15-07 $6,027.34 $499.09 $5,528.25 $86,610.57 130 Mar-15-07 $6,027.34 $469.14 $5,558.20 $81,052.37 131 Apr-15-07 $6,027.34 $439.03 $5,588.31 $75,464.06 132 May-15-07 $6,027.34 $408.76 $5,618.58 $69,845.48 133 Jun-15-07 $6,027.34 $378.33 $5,649.01 $64,196.47 134 Jul-15-07 $6,027.34 $347.73 $5,679.61 $58,516.86 135 Aug-15-07 $6,027.34 $316.97 $5,710.37 $52,806.49 136 Sep-15-07 $6,027.34 $286.04 $5,741.30 $47,065.19 137 Oct-15-07 $6,027.34 $254.94 $5,772.40 $41,292.79 138 Nov-15-07 $6,027.34 $223.67 $5,803.67 $35,489.12 139 Dec-15-07 $6.027.34 $192.23 $5.835.11 $29,654.01 Annual Subtotal: $72,328.08 $4,344.80 $67,983.28 B-4 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT 140 Jan-15-08 $6,027.34 $160.63 $5,866.71 $23,787.30 141 Feb-15-08 $6,027.34 $128.85 $5,898.49 $17,888.81 142 Mar-15-08 $6,027.34 $96.90 $5,930.44 $11,958.37 143 Apr-15-08 $6,027.34 $64.77 $5,962.57 $5,995.80 144 May- 15-08 ~ $32.48 $5.995. ~0 ($0.00) Annual Subtotal: $30,136.64 $483.63 $29,654.01 TOTALS: $867.937.90 ~ $601.578.75 Dated: May 15. 1996 CITY OF UKIAH, CALIFORNIA By: Its: B-5 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT C OPINION OF COUNSEL City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 MPA Leasing Corporation 465 California Street, Suite 600 San Francisco, California 94104 Re: Lease Purchase Agreement dated as of May 15, 1996, by and between MPA Leasing Corporation as lessor ("Lessor") and the City of Ukiah, California ("Lessee") Gentlemen: TO FOLLOW FROM BOND COUNSEL C 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT D NOTICE OF PUBLIC HEARING D 465 Califomia Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT E RESOLUTION APPROVING LEASE AND SUBLEASE 465 Califon'da Street, Suite 600, San Frandsco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT F FEDERAL TAX AND NO-ARBITRAGE CERTIFICATE 1. In General. 1.1. The undersigned are the Mayor of the City of Ukiah, California (the "Lessee") and the President of The Greater Ukiah Senior Center, Inc. (the "Sublessee"). 1.2. This Certificate is executed for the purpose of establishing the reasonable expectations of the Lessee as to future events regarding the Lease-Purchase Agreement, dated May 15, 1996 (the "Lease") between the Lessee and MPA Leasing Corporation (the "Lessor"). In addition, this Certificate is being executed by the Sublessee to provide certain representations, covenants and warranties relating to the Lease, the Sublease (hereinafter defined), the Sublessee and the Equipment (hereinafter defined). 1.3. The undersigned are officers of the Lessee and the Sublessee delegated with the responsibility of issuing and delivering the Lease and Sublease. To the best of the undersigned's knowledge, information and belief, the expectations contained in this Certificate are reasonable. The Lessee is not aware of any facts or circumstances that would cause him to question the accuracy of the representations made by the Lessor or the Sublessee. 1.4. The Federal Government has not published notice that the Lessee is disqualified and may not certify obligations, nor has the Lessee been advised that such action is contemplated. 2. The Purpose of the Lease. 2.1. Under the Lease, the Lessor is required to acquire and install certain equipment described in lease Exhibit A (the "Equipment"), and to lease and sell the Equipment to the Lessee; and the Lessee is required to lease and purchase the Equipment from the Lessor by Making Lease-Purchase Payments with respect thereto, comprising principal and interest, on the dates and in the amounts set forth in Lease Exhibit B. The principal payable pursuant to the Lease is in the amount of $602,000.00 2.2. Under the Sublease Agreement dated May 15, 1996 (the "Sublease"), by and between the Lessee, as sublessor, and the Sublessee, as sublessee, the Lessee will lease and sell the Equipment to the Sublessee; and the Sublessee is required to lease and purchase the Equipment from Lessee by making Sublease-Purchase Payments with respect thereto in amounts sufficient to make the Lease-Purchase Payments and on the dates such Lease-Purchase Payments are due as set forth in Sublease Exhibit B. 2.3 The obligations of the Lessee under the Lease commence on the date the Lessor deposits the amount required by the Lease and the Sublease ($589,738.09) into the bank account of The Greater Ukiah Senior Center. Such amount will be used to pay the cost of the Equipment, which is estimated to be $589,783.03, and portion the interest portion of the Lease-Purchase Payments due during the acquisition period, which are estimated to be $100.00. In addition, the difference between the principal amount of the Lease ($601,578.75) and the amount deposited in the bank account of The Greater Ukiah Senior Center will be retained by Lessor and used to pay costs of issuance of the Lease. Costs of issuance of the Certificates in excess of $11,795.67 will be paid by the Sublessee. 2.4 Pursuant to the Lease, the Sublessee will, within six months of the date hereof, enter into contracts providing for the acquisition and installation of the Equipment in an aggregate amount of not less than $589,783.09. F-1 465 California Street, Suite 600, San Frandsco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation 2.5 The Sublessee will proceed to acquire and install the Equipment with due diligence and, based upon the provisions of the contracts described in paragraph 2.4 hereof, the Equipment will be acquired and installed on or before December 1996. 2.6 All of the spendable proceeds of the Lease and the Certificates of Participation (hereinafter defined) will be expended for the Equipment and to pay costs of issuance of the Certificates of Participation, within three years from the issuance and delivery of the Certificates of Participation. 2.7 The original proceeds of the Lease and the Certificates of Participation do not exceed, or in any event do not exceed by more than 5%, the amount necessary for the governmental purpose for which the Lease and the Certificates of Participation are issued. 2.8 The Equipment has not been, and is not expected during the term of the lease, to be sold or otherwise disposed of by the Sublessee. 3. The Lease. 3.1 Equipment 3.2 reasonably 1996 to the The Lessor will assign all of its right, title and interest in the Lease, the Sublease, the and the Lease-Purchase Payments to Investors. As provided in the Certificate of Lessor attached as Exhibit A hereto, the Lessor has sold or expects to sell the Lease for a price of $601,578.75 for principal plus accrued interest from May 15, date hereof. 4. Exempt Status. 4.1. The Lessee and Sublessee will comply with, and make all filings required by, all effective rules, rulings or Regulations promulgated by the Department of the Treasury or the Internal Revenue Service with respect to the obligations, such as the Lease, if any. 4.2. The Sublessee will continue to conduct its operations in a manner that will result in its continuing to qualify as an organization described in Section 501(c)(3) of the Code including but not limited to the timely filing of all returns, reports and requests for determination with the Internal Revenue Service and the timely notification of the Internal Revenue Service of all changes in its organization and purposes from the organization and purposes previously disclosed to the Internal Revenue Service. 4.3. The Sublessee will not divert any substantial part of its corpus or income for a purpose or purposes other than those for which it is organized and operated. 4.4. The gross proceeds of the Lease and the Certificates of Participation and any investment earnings thereon have been expended for the purposes set forth in this Certificate and in the Lease and no portion thereof will be used in an "unrelated trade or business" of the Sublessee within the meaning of Section 513(a) of the Code unless, in an opinion of Special Tax Counsel, such use would not adversely affect the status of the Lease and the Certificates of Participation as obligations described in Section 103(a) of the Code. 5. Private Activity Bonds. 5.1. The Sublessee will not use or invest the gross proceeds of the Lease or any investment earnings thereon or use the Equipment in a manner that will result in the Lease becoming a private activity bond (other than qualified 501(c)(3) bonds) within the meaning of Sections 141 and 145 of the Code. F-2 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation 5.2. The Sublessee will not use or permit to be used more than 5 percent of the gross proceeds of the Lease or the Equipment, directly or indirectly, in any trade or business carried on by any person who is not a governmental unit or an organization described in Section 501(c)(3) of the Code. For purposes of the preceding sentence, use of the proceeds by an organization described in Section 501(c)(3) of the Code with respect to an "unrelated trade or business", determined in accordance with Section 513(a) of the Code, does not constitute a use by an organization described in Section 501(c)(3) of the Code; further any use of proceeds of the Lease or any investment earnings thereon in any manner contrary to the guidelines set forth in Revenue Procedures 82-14, 1982-1 C.B. 459, and 82-15, 1982-1 C.B. 460, including any revisions or amendments thereto, shall constitute the use of such proceeds in the trade or business of a nonexempt person. 5.3. The Sublessee will not use or permit the use of any portion of the proceeds of the Lease, directly or indirectly, to make or finance loans to persons who are not a governmental unit or an organization described in Section 501(c)(3) of the Code. For purposes of the preceding sentence, a loan to an organization described in Section 501(c)(3) of the Code for use with respect to an "unrelated trade or business" does not constitute a loan to such a unit or organization. 5.4. The Lessee and Sublessee will not cause the Lease to be treated as "federally guaranteed" obligations for purposes of Section 149 of the Code, as may be modified in any applicable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Intemal Revenue Service with respect to "federally guaranteed" obligations described in Section 149 of the Code. For purposes of this paragraph, the Lease could be treated as "federally guaranteed" if (i) all or any portion of the principal or interest is or will be guaranteed directly or indirectly by the United States of America or any agency or instrumentality thereof, or (ii) a significant portion of the gross proceeds of the Lease will be (A) used in making loans the payment of principal or interest with respect to which is to be guaranteed in whole or in part by the United States of America or any agency or instrumentality thereof, or (B) invested directly or indirectly in federally insured deposits or accounts, and (iii) such guarantee is not described in Section 149(b) of the Code. 5.5. The costs of issuing the Lease which are financed with proceeds of the Lease will not exceed an amount equal to 2 percent of the proceeds of the Lease. Such amounts will not be taken into account in satisfying the requirement stated above that at least 95 percent of the proceeds of the Lease be used to provide the qualified facilities. 5.6. No portion of the gross proceeds of the Lease is to be used to provide the following: an airplane, a skybox or other private luxury box, a facility primarily used for gambling or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. 5.7. Neither the Sublessee nor any person related to the Sublessee, within the meaning of Section 145(b)(3) of the Code, are a "test period beneficiary", within the meaning of Section 145(b) of the Code, of tax- exempt bonds, other than hospital bonds, the aggregate authorized face amount of which exceeds $150,000,000. 6. Yield 6.1. All "gross proceeds" within the meaning of Section 148(f)(6)(B) of the Code, including all amounts pledged (regardless of where held or the source thereof) directly or indirectly to or available for the payment of Lease-Purchase Payments or restricted so as to give reasonable assurance of their availability for such purpose shall be invested in obligations the yield on which does not exceed the yield on the Lease. F-3 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation 6.2. Based upon the representations of the Lessor in the Certificate attached hereto as Exhibit A, the "yield" of the Lease, as defined in Section 148(h) of the Code, on the date hereof, is 6.50%. 6.3. The payment of Sublease-Purchase Payments on the Sublease are equal to the Lease-Purchase Payments on the Lease. As such, the Lessee does not expect the yield on the Sublease to exceed the yield on the Lease by any amount. 7. Invested Sinkin~ Fund Proceeds, Replacement Proceeds. 7.1. No gift, bequest or contribution that was solicited for the purpose of defraying any portion of the costs of the Equipment or any other amount which is specifically earmarked or dedicated to such purpose has been received by, or is otherwise available to the Sublessee or any "related person," within the meaning of Section 147(a) of the Code, to any of the foregoing. In addition, no gift, bequest, contribution or other amount has been received by any of the aforegoing for the purpose of, or specifically earmarked for the payment of Lease- Purchase Payments or Sublease-Purchase Payments. In the event that a gift, bequest, contribution or other amount is received which is specifically earmarked or dedicated for the Equipment, then such gift, bequest, contribution or other amount will either be (1) be used to pay Lease-Purchase Payments within a year of the date of receipt of such gift, bequest, contribution or other amount or (2) invested in obligations the yield on which does not exceed the yield on the Lease. 7.2. There are no funds or accounts which the Lessee or the Sublessee reasonably expect to be available to pay the Lease-Purchase Payments or Sublease-Purchase Payments. 8. Other Obligations. 8.1. There are no other obligations of the Lessee which (a) are issued at substantially the same time as the Lease (i.e., within 31 days hereof), (b) are sold pursuant to a common plan of financing with the Lease, and (c) will be paid out of the same source or have substantially the same claim to be paid out of substantially the same source of funds as the Lease. 9. Rebate to United States. 9.1. The Lessee and the Sublessee covenant that they will comply with the requirements of the Code, which includes Section 148(f) of the Code, relating to the required rebate to the United States. Specifically, to the extent the gross proceeds are not spent within six months of the date of issuance of the Lease, the Lessee and the Sublessee will take steps to ensure that all earnings on gross proceeds of the Lease in excess of the yield on the Lease required to be rebated to the United States will be timely paid to the United States. Dated: May 15,1996 CITY OF UKIAH, CALIFORNIA Its: Pr~ent THE GREATER UKIAH SENIOR CENTER, INC. Its: President F-4 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT G CERTIFICATE OF LESSOR I, Richard A. Grossman, the duly qualified and acting President of MPA Leasing Corporation, hereby certify with respect to the $60,1578.75 Certificates of Participation (the "Certificates of Participation"), representing undivided interests in a Lease-Purchase Agreement dated as of May 15, 1996 (the "Lease"), by and between the City of Ukiah, California (the "Lessee") and MPA Leasing Corporation that: 1. The Lease has been initially offered at the price of $601,578.75 for principal. As of the date hereof, the Lease has been sold at such initial reoffering price. 2. Based upon such initial reoffering price, the "yield" on the Lease, as defined in Section 148(h) of the Internal Revenue Code of 1986, as amended, and Treasury Regulation promulgated thereunder is 6.50%. 3. The Lessee may rely upon this certificate for purposes of its Federal Tax and No-Arbitrage Certificate dated as of the date hereof. Dated: May 15, 1996 MPA LEASING CORPORATION By: Richard A. Grossman Its: ,President G 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT H CERTIFICATE OF CHIEF ELECTED OFFICIAl, Chief Elected Official's Approval Pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended I, , Mayor of the City of Ukiah, California, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), hereby approve the entering into by the City of Ukiah of a Lease Purchase Agreement in an aggregate principal amount not to exceed $601,578.75 to finance equipment consisting of a 12,000 square foot modular building to be located at 497 Leslie Street, Ukiah, California, in behalf of Greater Ukiah Senior Center, Inc., a California non-profit corporation. This approval is given following a public hearing held at on at and is solely for the purposes of satisfying the requirements of Section 147(f) of the Code. IN WITNESS WHEREOF, I hereunto set my hand this day of ., 1996. CITY OF UKIAH, CALIFORNIA Mayor H 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 EXHIBIT B SUBLEASE AGREEMENT MAY 15, 1996 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SUBLEASE AGREEMENT TABLE OF CONTENTS Participants and Introductory Statements ARTICLES Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Definitions and Exhibits ................................................................................. 2 Representation, Covenants and Warranties ...................................................... 4 Sublease of Equipment ..................................................................................... 5 Term of the Sublease ..... '""'""'"'"'""--'---.. .... .-....-............... ...... ..................... 6 Sublease-Purchase Payments ...........................................................................6 Insurance and Negligence ................................................................................. 7 Other Obligation of Lessee .............................................................................. 8 Title ............................................................................................................... 9 Warranties .................................................................................................... 11 Prepayment ................................................................................................... 11 Assignment, Subleasing, Mortgaging and Selling ............................................. 12 Events of Default and Remedies ...................................................................... 12 Administrative Provisions ............................................................................. 15 EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Description of Equipment ................................................................................ A Sub-Lease Payment Schedule .......................................................................... B Certificate of Acceptance ............................................................................... C Opinion of Counsel Resolution Approving Transaction .................................................................. E Certificate as to Tax-Exempt Status ................................................................ G Insurance Coverage Requirements .................................................................... H 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SUBLEASE AGREEMENT Between The City of Ukiah As Sublessor and The Greater Ukiah Senior Center, Inc. As Sublessee Neither the State of California nor a political subdivision or agency of the State of California. including the City of Ukiah, California. is obligated to pay any "Sublease-Purchase Payments" hereunder: and neither the faith and credit nor the taxing power of the State of California. the City of Ukiah. California, or any other political subdivision or agency of the State of California is pledged to the payment of the Sublease-Purchase Payments. THIS SUBLEASE AGREEMENT, dated as of May 15, 1996, (the "Sublease"), by and between the City of Ukiah, a municipal corporation and political subdivision of the State of California as sublessor ("Sublessor"), whose address is 300 Seminary Avenue, Ukiah, Califomia 95482, and The Greater Ukiah Senior Center, Inc., a nonprofit corporation duly organized and existing under the laws of the State of California, as sublessee ("Sublessee"), whose address is 300 Leslie Street, Ukiah, California 95482. WITNESSETH WHEREAS, Sublessor is authorized by law to acquire items of real or personal property; and WHEREAS, Sublessee is authorized by its articles of incorporation, bylaws and all necessary corporate action to acquire such items of personal property as are needed to carry out its functions, and to acquire such personal property by entering into lease-purchase agreements; and WHEREAS, Sublessee has determined that it is necessary for it to acquire under this Sublease certain items of personal property described herein as Equipment. NOW THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the m'atual covenants herein contained, the parties hereto recite and agree as follows: 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation ARTICLE I DEFINITIONS AND EXHIBITS SECTION 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Sublease, have the meanings herein specified. Closing Date: The date upon which Lessor deposits with the bank account of The Greater Ukiah Senior Center the amount to pay for the Equipment. Code: The Internal Revenue Code of 1986, as amended. Contractor: Each of the manufacturers or vendors from whom Sublessee has ordered or will order or with whom Sublessee has contracted or will contract for the manufacture, deliv~(ry and/or installation of the Equipment. Equipment: The personal property described in the attached Exhibit A which is being leased and purchased by Sublessee pursuant to this Sublease. Equipment Cost: With respect to each item of Equipment subject to this Sublease, the price therefor required to be paid to the Contractor. Independent Counsel: An attorney duly admitted to the practice of law before the highest court the State who is not a full-time employee of Sublessor or Sublessee. Interest: The portion of any Sublease-Purchase Payment designated as and comprising interest as shown in the attached Exhibit B. Lease: The Lease-Purchase Agreement, dated as of the date hereof, between Lessor, as lessor, and Sublessor, as lessee. Lease-Purchase Payments: The payments due from Sublessor to Lessor as shown on Lease Exhibit B. Lease-Year: The twelve-month period commencing on the date of the deposit to the Equipment Acquisition Fund pursuant to Section 2.2 of this Sublease. Lessor: MPA Leasing Corporation, a California corporation. Net Proceeds: Any insurance proceeds or condemnation award, paid with respect to the Equipment, remaining after payment therefrom of all expenses incurred in the collection thereof Payment Date: The date upon which any Sublease-Purchase Payment is due and payable as provided in Exhibit B. Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which Sublessee may, pursuant to the provisions of Section 7.3 hereof, permit to remain unpaid, (ii) this Sublease and amendments hereto, (iii) the Lease and amendments thereto, 2 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation (iv) Lessor's and Sublessor's interest in the Equipment, and (v) any mechanic's, laborer's, materialman's, supplier's or vendor's hen or right not filed or perfected in the manner prescribed by law, other than any lien which Sublessee may, pursuant to Article VIII hereof, permit to remain unpaid. Prepayment Price: With respect to the Equipment, as of any Payment Date, the amount so designated and set forth opposite such date in the attached Exhibit B. Principal: The portion of any Sublease-Purchase Payment designated as principal in the attached Exhibit B. Specifications: The bid specifications and/or purchase order pursuant to which Sublessee has ordered the Equipment from the Contractors. State: The State of California. ,C;tate and Federal Law or Laws: The Constitution and any law of the State and any charter, ordinance, rule or regulation of any agency or pohtical subdivision of the State; and any law of the United States, and any rule or regulation of any federal agency. ~ublease-Purchase Payment: The payment due from the Sublessee to Sublessor on each Payment Date, as shown on Exhibit B. Term of this ~;ublease or Sublease Term: The period during which this Sublease is in effect as specified in Section 4.1. SECTION 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Sublease: Exhibit A A description of the Equipment being subleased and purchased by Sublessee pursuant to this Sublease. Exhibit B: A schedule indicating the date upon which the Term of this Sublease shall end, the date and amount of each Sublease-Purchase Payment coming due during the Sublease Term, the amount of each Sublease-Purchase Payment comprising Principal and Interest and the Prepayment Price at which Sublessee may prepay its obligation to make all future Sublease-Purchase Payments with respect to the Equipment in accordance with Article X. Exhibit C: A Certificate of Acceptance of Sublessee indicating that the Equipment has been delivered and installed in accordance with the Specifications, and has been accepted by Sublessee, the date on which Sublease-Purchase Payments shown in Exhibit B shall commence, and that certain other requirements have been met by Sublessee. Exhibit D: An opinion of counsel to Sublessee, as to the organization, nature and powers of Sublessee; the validity, execution and delivery of this Sublease and various related documents; the absence of litigation; and related matters. Exhibit E: Resolution approving transaction. l~xhibit F: Certificate as to tax-exempt status. Exhibit G: Insurance coverage requirements. 3 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation ARTICLE II REPRESENTATIONS~ COVENANTS AND WARRANTIES SECTION 2.1 Representations, Covenants, and Warrantie~ of Subles~ee. Sublessee represents, covenants and warrants as follows: (a) Sublessee is a nonprofit corporation duly organized, existing and in good standing under the laws of the State of California, has power to enter into this Sublease and by proper corporate action has authorized the execution and delivery of this Sublease. Co) The execution and delivery of this Sublease, the consummation of the transactions contemplated hereby, and the fulfillment of the terms and conditions hereof do not and will not conflict with or result in a breach of any of the terms or conditions of the articles of incorporation or bylaws of Sublessee or of any corporate restriction or of any agreement or instrument, to which Sublessee is now a party, and do not and will not constitute a default under any of the foregoing, or result in the creation or imposition of any liens, charges or encumbrances of any nature upon any of the property or assets of Sublessee, except for the lien granted by this Sublease. (c) Sublessee is an organization described in Section 501(c)(3) of the Code and exempt from taxation under Section 501(a) of the Code; Sublessee is not a private foundation as defined in Section 509(a) of the Code; Sublessee will not use the Equipment to carry on any trade or business which is an unrelated trade or business determined by applying Section 513(c) of the Code to such an extent as to jeopardize the status of Sublessee as an organization described in Section 501(c)(3) of the Code and exempt from taxation under Section 501(a) thereof. (d) Sublessee will take no action that would cause the Interest portion of the Lease-Purchase Payments payable pursuant to the Lease to become includable in gross income of the recipient for federal income tax purposes under the Code and Treasury Regulations promulgated thereunder (the Regulations), and Sublessee will take and will cause its officers, employees and agents to take all affirmative actions legally within its power necessary to ensure that the Interest portion of the Lease-Purchase Payments payable pursuant to the Lease does not become includable in gross income of the recipient for federal income tax purposes under the Code and Regulations. (e) The Equipment will not be used in a trade or business of a person other than an organization described in Section 501(c)(3) of the Code or a governmental unit. (f) Not more than 2% of the initial proceeds of the Lease or the Sublease will be applied to the payment of costs of issuance of the Lease and the Sublease. (g) The average maturity of the Lease and the Sublease does not exceed 120% of the average reasonably expected economic life of the Equipment. (h) Sublessee will not use the proceeds of the Lease and the Sublease in such a manner as to cause the Lease to be an "arbitrage bond" within the meaning of Section 148 of the Code and applicable Regulations; to this end, Sublessee will, if the proceeds of the Lease deposited in the Equipment Acquisition Fund are not expended within six months of the date of such deposit: (1) maintain records identifying all "gross proceeds" (as defined in Section 148(f)(6)(B) of the Code) attributable to the Lease, the yield at which such gross proceeds are invested, any arbitrage profit derived therefrom (earnings in excess of the yield on the Lease) and any earnings derived from the investment of such arbitrage profit; 4 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation (i) (J) (k) (1) (2) make, or cause to be made as of the end of each Lease Year, the annual determinations of the amount, if any, of excess arbitrage required to be paid to the United States by the Sublessor (the "Rebate Amount"); (3) pay, or cause to be paid, to the United Sates at least once every five Lease Years the amount, if any, which is required to be paid to the United States, including the last installment which shall be made no later than 60 days after the day on which the final Lease-Purchase Payment is paid; (4) not invest, or permit to be invested, "gross proceeds" in any acquired non purpose obligations so as to deflect arbitrage otherwise payable to the United States as a "Prohibited payment" to a third party; and (5) retain all records of the annual determination of the foregoing amounts until six (6) years after all Lease-Purchase Payments due pursuant to the Lease have been fully paid. Upon delivery and installation of the Equipment, Sublessee will provide to Sublessor and Lessor a completed and executed copy of the Certificate of Acceptance attached hereto as Exhibit Upon the execution of this Sublease, Sublessee will provide to Sublessor and Lessor an opinion of its legal counsel in the form attached hereto as Exhibit D. Sublessee will submit to the Secretary of the Treasury an information reporting statement at the time and in the form required by the Code and the Regulations. The aggregate authorized face amount of the Lease and the Sublease (when increased by the ,, · . ,, outstanding tax-exempt qualified 501(c)(3) bonds, other than "quahfied hospital bonds," of which Sublessee is a test period beneficiary, determined in accordance with Section 145(b) of the Code) does not exceed $150,000,000 and Sublessee is not under Common management or control with any other organization. ARTICLE III SUBLEASE OF EQUIPMENT SECTION 3.1. Sublease. Sublessor hereby subleases and sells the Equipment to Sublessee, and Sublessee hereby subleases and purchases the Equipment f[om Sublessor, upon the terms and conditions set forth in this Sublease. SECTION 3.2. Possession and Enjoyment. Sublessor hereby covenants to provide Sublessee during the Term of this Sublease with the quiet use and enjoyment of the Equipment, and Sublessee shall during the Term of this Sublease peaceably and quietly have and hold and enjoy the Equipment, without suit, trouble or hindrance from Sublessor or any other person, except as expressly set forth in this Sublease. Sublessor will, at the request of Sublessee and at Sublessee's cost, join in any legal action in which Sublessee asserts its right to such possession and enjoyment to the extent Sublessor lawfully may do so. SECTION 3.3..Sublessor Access to Equipment. Sublessee agrees that Sublessor shall have the right at all reasonable times to examine and inspect the Equipment. Sublessee further agrees that Sublessor shall have such rights of access to the Equipment as may be reasonably necessary to cause the proper maintenance of the Equipment in the event of failure by Sublessee to perform its obligations hereunder. 5 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation ARTICLE IV TERM OF SUBLEASE SECTION 4.1. Sublease Term. This Sublease shall be in effect for a Term commencing upon the execution hereof and ending as provided in Section 4.2. SECTION 4.2. Termination of Sublease Term. The Term of this Sublease will terminate upon the occurrence of the first of the following events: (a) Sublessee's payment of the Sublease-Purchase Payments then due with respect to the Equipment, plus Sublessee's payment of the applicable Prepayment Price as shown on Exhibit B, all pursuant to Article X hereof; (b) a default by Sublessee and Sublessor's election to terminate this Sublease pursuant to Article XII; or (c) the payment by Sublessee of all Sublease-Purchase Payments and other amounts authorized or required to be paid by Sublessee hereunder. ARTICLE V SUBLEASE-PURCHASE PAYMENTS SECTION 5.1. Sublease-Purchase Payments. Sublessee agrees to pay Sublease-Purchase Payments during the Term of this Sublease, in the amounts and on the dates specified in Exhibit B. All Sublease-Purchase Payments shall be paid to Sublessor at its offices at the address specified in the first paragraph of this Sublease, or to such other person or entity to which Sublessor has assigned such Sublease-Purchase Payments as specified in Article XI, at such place as such assignee may from time to time designate by written notice to Sublessee. Sublessee shall pay the Sublease-Purchase Payments exclusively from moneys legally available therefor, in lawful money of the United States of America. SECTION 5.2. Interest Component. A portion of each Sublease-Purchase Payment is paid as and represents the payment of Interest. Exhibit B sets forth the Interest component of each Sublease-Purchase Payment. SECTION 5.3. Sublease-Purchase Payments to be Unconditional. The obligation of Sublessee to make Sublease- Purchase Payments or any other payments required hereunder shall be absolute and unconditional in all events except as expressly provided under this Sublease. Notwithstanding any dispute between Sublessee and Sublessor or any other person, Sublessee shall make all Sublease-Purchase Payments and other payments required hereunder when due and shall not withhold any Sublease-Purchase Payment or other payment pending final resolution of such dispute nor shall Sublessee assert any right of set-off or counterclaim against its obligation to make such Sublease-Purchase Payments or other payments required under this Sublease. Sublessee's obligation to make Sublease-Purchase Payments or other payments shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Sublessor from the performance of its obligations hereunder; and if Sublessor should fail to perform any such obligation, Sublessee may institute such legal action against Sublessor as Sublessee may deem necessary to compel the performance of such obligation. 6 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation ARTICLE VI INSURANCE AND NEGLIGENCE SECTION 6.1. Liability Insurance. Upon receipt of possession of the Equipment, Sublessee shall take such measures as may be necessary to ensure that any liabihty for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the condition or the operation of the Equipment or any part thereof, is covered by a blanket or other general liability insurance policy maintained by Sublessee. The Net Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which any Net Proceeds may be paid. SECTION 6.2. Property Insurance. Upon receipt of possession of the Equipment, Sublessee shall have and assume the risk of loss with respect thereto. Sublessee shall procure and maintain continuously in effect during the Term of this Sublease, all-risk insurance, subject only to the standard exclusions contained in the policy, in such amount as will be at least sufficient so that a claim may be made for the full replacement cost of the Equipment or any part thereof damaged or destroyed or to pay the applicable Prepayment Price of the Equipment. Such insurance may be provided by a rider to an existing policy or under a separate policy. Such insurance may be written with customary deductible amounts. The Net Proceeds of insurance required by this Section shall be applied to the prompt repair, restoration or replacement of the Equipment, or to the purchase of the Equipment, as provided in Section 6.6. Any Net Proceeds not needed for those purposes shall be paid to Sublessee. SECTION 6.3. ,Worker's Compensation Insurance. If required by State law, Sublessee shall carry worker's compensation insurance covering all employees on, in, near or about the Equipment, and upon request, shall furnish to Sublessor certificates evidencing such coverage throughout the Term of this Sublease. SECTION 6.4. Requirements For All Insurance All insurance policies (or riders) required by this Article shall be taken_ out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State; and shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to the insured parties at least ten (10) days before the cancellation or revision becomes effective. All insurance policies or riders required by Sections 6.1 and 6.2 shall name Sublessee, Sublessor and Lessor as insured parties, as their interests may appear, and any insurance policy or rider required by Section 6.3 shall name Sublessee as insured party. Sublessee shall provide to Lessor and Sublessor a photocopy of all policies (and riders) evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in full force and effect. Before the expiration of any such policy (or rider), Sublessee shall furnish to Lessor and Sublessor evidence that the policy has been renewed or replaced by another policy conforming to the provisions of this Article, unless such insurance is no longer obtainable in which event Sublessee shall notify Lessor and Sublessor of this fact. SECTION 6.5. Indemnification. Sublessee assumes all risks and habilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of Sublessee or of third parties, and whether such property damage be to Sublessee's property or the property of others, which arises out of the ownership (other than a title claim), design, operation or maintenance of the Equipment by Sublessee, its officers, employees and agents. Sublessee hereby assumes responsibility for and agrees to reimburse and indemnify Sublessor and Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Sublessor that in any way relate to or arise out of a claim, suit or proceeding based upon the ownership (other than a title claim), design, operat?.on or maintenance of the Equipment by Sublessee, its officers, employees and agents, to the maximum extent permitted by law. 7 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SECTION 6.6. Damage to or Destruction of Equipment, If after dehvery of the Equipment to Sublessee all or any part of the Equipment is lost, stolen, destroyed or damaged beyond repair, Sublessee shall as soon as practicable after such event either: (i) replace the same at Sublessee's sole cost and expense with equipment of equal or greater value to the Equipment immediately prior to the time of the loss occurrence, such replacement equipment to be subject to Sublessor's reasonable approval (which approval shall not be unreasonably delayed), whereupon such replacement shall be substituted in this Sublease by appropriate endorsement; or (ii) pay the applicable Prepayment Price of the Equipment as set forth in Exhibit B. Sublessee shall notify Sublessor of which course of action it will take within fifteen (15) days after the loss occurrence. If Sublessee fails or refuses to notify Sublessor within the required period, Sublessor may, at its option, (but only after giving written notice to the Sublessee at least thirty (30) days prior to any declaration of acceleration and if Sublessee fails to cure such failure or refusal within such 30 day period) declare the applicable Prepayment Price of the Equipment set forth in Exhibit B immediately due and payable, and Sublessee shall be obhgated to pay the same. The Net Proceeds of all insurance payable with respect to the Equipment shall be available to Sublessee and shall be used to discharge Sublessee's obligations under this Section. On payment of the Prepayment Price with respect to the Equipment, this Sublease shall terminate and Sublessee thereupon shall become entitled to the Equipment AS IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY SUBLESSEE, except that the Equipment shall not be subject to any lien or encumbrance created by or arising through Sublessor or Lessor. ARTICLE VII OTHER OBLIGATIONS OF SUBLESSEE SECTION 7.1. Use; Permits. Sublessee shall exercise due care in the installation, use, operation and maintenance of the Equipment, and shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary to that contemplated by this Sublease. Sublessee shall obtain all permits and licenses necessary for the installation, operation, possession and use of the Equipment. Sublessee shall comply with all State and Federal Laws applicable to the installation, operation, possession and use of the Equipment, and if compliance with any such State and Federal Law requires changes or additions to be made to the Equipment, such changes or additions shall be made by Sublessee at its expense. SECTION 7.2. Maintenance of Equipment by Sublessee. Sublessee shall, at its own expense, maintain, preserve and keep the Equipment in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Equipment in such condition. Sublessor shall have no responsibility for any of these repairs or replacements. SECTION 7.3. Taxes. Other Governmental Charges and Utility Charges Except as expressly limited by this Section, Sublessee shall pay all taxes and other charges of any kind whatsoever which are at any time lawfully assessed or levied against or with respect to the Equipment, the Sublease-Purchase Payments or any part thereof, or which become due during the Term of this Sublease, whether assessed against Sublessee, Sublessor or Lessor. Sublessee shall also pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the .Equipment, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Equipment; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, Sublessee shall be obligated to pay only such installments as are required to be paid during the Term of this Sublease as and when the same become due. Sublessee shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Sublessor or Lessor, or their successors or assigns, unless such tax 8 465 Califomia Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation is made in lieu of or as a substitute for any tax, assessment or charge which is the obligation of Sublessee under this Section. Sublessee may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments, utility or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Sublessor shall notify Sublessee that, in the opinion of Independent Counsel, by nonpayment of any such items the interest of Sublessor and Lessor in the Equipment will be materially endangered or the Equipment or any part thereof will be subject to loss or forfeiture, in which event Sublessee shall promptly pay such taxes, assessments, utility or other charges or provide Sublessor and Lessor with full security against any loss which may result from nonpayment, in form satisfactory to Sublessor and Lessor. ARTICLE VIII TITLE SECTION 8.1. Title. During the Term of this Sublease, and so long as Sublessee is not in default under Article XII legal title to the Equipment and any and all repairs, replacements, substitutions and modifications to it shall be in Sublessee. Upon the occurrence of an event of default as defined in Section 12.1 and termination of this Sublease as provided in Article XII, full and unencumbered legal title to the Equipment shall pass to Lessor as assignee of Sublessor, and Sublessee shall have no further interest therein. In such event, Sublessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title to the Equipment to Lessor and the termination of Sublessee's interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 12.3. Upon termination of this Sublease for any of the reasons specified in Section 4.2, Clauses (a) and (c), Sublessor's security or other interest in the Equipment which has been assigned to Lessor shall terminate, and Sublessor and Lessor shall execute and deliver to Sublessee such documents as Sublessee may request to evidence the termination of such security or other interest in the Equipment. SECTION 8.2. Security Interest. Lessor and Sublessor have transferred legal title to the Equipment to Sublessee subject to a security interest therein retained by Lessor under the Lease. Sublessee acknowledges such security interest and further agrees that Sublessor shall have and retain a security interest under the Uniform Commercial Code in the Equipment, the proceeds thereof and all repairs, replacements, substitutions and modifications thereto or thereof pursuant to Section 8.5, which is assigned to Lessor under Article XI in order to secure Sublessee's payment of all Sublease-Purchase Payments due during the Term of this Sublease and the performance of all other obligations herein to be performed by Sublessee. Sublessee will join with Sublessor and Lessor in executing such financing statements or other documents and will perform such acts as Sublessor or Lessor may request to establish and maintain such security interests in the Equipment. If requested by Sublessor, Sublessee shall conspicuously mark the Equipment with appropriate lettering, labels or tags, and maintain such markings during the Term of this Sublease, so as clearly to disclose such security interests in the Equipment. SECTION 8.3. Liens. During the Term of this Sublease, Sublessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Equipment, other than the respective rights of Sublessor and Sublessee as herein provided and Permitted Encumbrances. Except as expressly provided in Section 7.3 and this Article, Sublessee shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. Sublessee shall reimburse Sublessor for any expense incurred by Sublessor in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim. 9 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SECTION 8.4. Installation of Sublessee's Equipment. Sublessee may at any time and from time to time, in its sole discretion and at its own expense, install other items of equipment in or upon the Equipment, which items shall be identified by tags or other symbols affixed thereto as property of Sublessee. All such items so identified shall remain the sole property of Sublessee, in which Sublessor shall have no interest, and may be modified or removed by Sublessee at any time provided that Sublessee shall repair and restore any and all damage to the Equipment resulting from the installation, modification or removal of any such items. Nothing in this Sublease shall prevent Sublessee from purchasing items to be installed pursuant to this Section under a conditional sale or lease-purchase contract, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest shall attach to any part of the Equipment. SECTION 8.5. Modification of Equipment. Sublessee shall, at its own expense, have the right to make repairs to the Equipment, and to make repairs, replacements, substitutions and modifications to all or any of the parts thereof All such work and any part or component used or installed to make a repair or as a replacement, substitution or modification, shall thereafter comprise part of the Equipment and be subject to the provisions of this Sublease. Such work shall not in any way damage the Equipment or cause it to be used for purposes other than those authorized under the provisions of State and Federal Law or those contemplated by this Sublease; and the Equipment, upon completion of any such work shall be of a value which is not less than the value of the Equipment immediately prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this Section may be disposed of by Sublessee in such manner and on such terms as are determined by Sublessee. Sublessee will not permit any mechanic's or other lien to be established or remain against the Equipment for labor or materials furnished in connection with any repair, replacement, substitution or modification made by Sublessee pursuant to this Section; provided that if any such lien is established and Sublessee shall first notify Sublessor and Lessor of Sublessee's intention to do so, Sublessee may in good faith contest any lien filed or established against the Equipment, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Sublessor or Lessor shall notify Sublessee that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of Sublessor or Lessor in the Equipment will be materially endangered or the Equipment or any part thereof will be subject to loss or forfeiture, in which event Sublessee shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide Sublessor and Lessor with full security against any such loss or forfeiture, in form satisfactory to Sublessor and Lessor. Sublessor will cooperate fully with Sublessee in any such contest, upon the request and at the expense of Sublessee. Notwithstanding anything herein to the contrary, as used in the proceeding paragraph the term "modifications" shall not include any modifications or additions which are permitted to be made to the equipment pursuant to Section 8.4 hereof and which is specifically identified in accordance with the terms of such Section 8.4. SECTION 8.6. Personal Property. The Equipment is and shall at all times be and remain personal property notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise. ARTICLE IX WARRANTIES SECTION 9.1. Selection of Equipment. The Equipment and the Contractors have been selected by Sublessee, and neither Sublessor nor Lessor shall have any responsibility in connection with the selection of the Equipment, its suitability for the use intended by Sublessee, the acceptance by the Contractors or its sales representative of the order submitted, or any delay or failure by the Contractors or its sales representative to manufacture, deliver or install the Equipment for use by Sublessee. 10 465 California Street, Suite 600, San Frandsco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SECTION 9.2. Installation and Maintenance of Equipment Neither Sublessor nor Lessor shall have any obligation to install, erect, test, inspect, service or maintain the Equipment under any circumstances, but such actions shall be the obligation of Sublessee or the Contractors. SECTION 9.3. Contractor's Warranties, Sublessor hereby assigns to Sublessee for and during the Term of this Sublease, all of its interest in all Contractor's warranties and guarantees, express or implied, issued on or applicable to the Equipment, and Sublessor hereby authorizes Sublessee to obtain the customary services furnished in connection with such warranties and guarantees at Sublessee's expense. SECTION 9.4. Patent Infrin_~ement, Sublessor hereby assigns to Sublessee for and during the Term of this Sublease all of its interest in patent indemnity protection provided by any Contractors with respect to the Equipment. Such assignment of patent indemnity protection by Sublessor to Sublessee shall constitute the entire liability of Sublessor for any patent infringement by Equipment furnished pursuant to this Sublease. SECTION 9.5. Disclaimer of Warranties, THE EQUIPMENT IS DELIVERED AS IS, AND NEITHER SUBLESSOR NOR LESSOR MAKES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY SUBLESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. ARTICLE X PREPAYMENT SECTION 10.1. When Available. Sublessee shall have the option to prepay its obligation to pay all future Sublease-Purchase Payments with respect to the Equipment on any Payment Date for the then applicable Prepayment Price set forth in Exhibit B, but only if Sublessee is not in default under this Sublease, and only in the manner provided in this Article. SECTION 10.2. Exercise of Option. Sublessee shall give notice to Sublessor and Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option is to be exercised and shall deposit with Lessor on the date of exercise an amount equal to all Sublease-Purchase Payments and any other amounts then due or past due (including the Sublease-Purchase Payment due on the Payment Date on which the option is to be exercised) and the applicable Prepayment Price set forth in Exhibit B. The closing shall be on the Payment Date on which the option is to be exercised at the office of Lessor. SECTION 10.3. Release of Sublessor's Interest. Upon exercise of the prepayment option by Sublessee, Sublessor shall convey or release to Sublessee, all of its right, title and/or interest in and to the Equipment by delivering to Sublessee such documents as Sublessee deems necessary for this purpose, and Sublessor shall use its best efforts to cause Lessor to convey or release to Sublessee all if its right, title and/or interest in and to the Equipment as required by Section 8.3 of the Lease. ARTICLE XI ASSIGNMENTf SUBLEASINGf MORTGAGING AND SELLING SECTION 11.1. Assi_~nment by Sublessor, Unless otherwise permitted by this section, Sublessor shall not assign its obligations under this Sublease, and no purported assigmnent thereof shall be effective. All of Sublessor's right, title and/or interest in and to this Sublease, the Sublease-Purchase Payments and other amounts due hereunder and the Equipment may be assigned and reassigned in whole or in part to one or more assignees or 11 465 Califomia Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation subassignees by Sublessor at any time, without the consent of Sublessee; provided, however, that Sublessor will not assign its interests in and to this Sublease in such a manner which would require the Sublessee to send Sublease-Purchase Payments to more than one person or entity. No such assignment shall be effective as against Sublessee unless and until the assignor shall have filed with Sublessee a copy or written notice thereof identifying the assignee. Sublessee shall pay all Sublease-Purchase Payments due hereunder to or at the direction of Sublessor or the assignee named in the most recent assignment or notice of assignment filed with Sublessee. Sublessee hereby acknowledges that Sublessor has assi~m'ted its right, title and interest in the Sublease the Sublease-Purchase Pa,vments and other amounts due hereunder to Lessor pursuant to the Lease. and all Sublease-Purchase Payments shall be paid by Sublessee directly to the Lessor at the Lessor's address set forth in the Lease (or such other address as the Lessor shall otherwise desig'nate). Additionally the Sublessee has received a true and correct copy of the Lease and agrees to undertake and perform all obligations of the Sublessor as Lessee thereunder and to recognize fully the assi~mxment of Sublessor's rights under this Sublease to Lessor under Article IX of the Lease. SECTION 11.2. Assignment and Subleasing by Sublessee. Neither this Sublease nor Sublessee's interest in the Equipment may be assigned or subleased by Sublessee without the written consent of Sublessor and Lessor, which consent shall not be unreasonably withheld. SECTION 11.3. Restriction on Mortgage or Sale of Equipment by Sublessee. Except as provided in Section 11.2 and the security interest granted in the Equipment by this Sublease, Sublessee will not mortgage, sell, assign, transfer or convey the Equipment or any portion thereof during the Term of this Sublease, or remove the same from its boundaries, without the written consent of Sublessor and Lessor. ARTICLE XII EVENTS OF DEFAULT AND REMEDIES SECTION 12.1. Events of Default Defined. The following shall be "events of default" under this Sublease and the terms "events of default" and "default" shall mean, whenever they are used in this Sublease, with respect to the Equipment, any one or more of the following events: (i) Failure by Sublessee to pay any Sublease-Purchase Payment or other payment required to be paid under this Sublease at the time specified herein and the continuation of said failure for a period of three (3) days after telephonic or telegraphic notice given by Sublessor or Lessor that the payment referred to in such notice has not been received, such telephonic or telegraphic notice to be subsequently confirmed in writing, or after written notice. (ii) Failure by Sublessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Clause (i) of this Section, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given to Sublessee by Sublessor or Lessor, unless Sublessor or Lessor shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Sublessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Sublessee within the applicable period and diligently pursued until the default is corrected. (iii) The filing by Sublessee of a voluntary petition in bankruptcy, or failure by Sublessee to lift within 90 days of the occurrence of any execution, garnishment or attachment of such consequence as would impair the ability of Sublessee to carry on its proprietary function, or adjudication of Sublessee as a bankrupt, or a general assignment by Sublessee for the benefit of creditors, or the entry by Sublessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of an involuntary petition applicable to Sublessee in any proceedings instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted which has not been dismissed within 90 days of filing thereof 12 465 California Street, Suite 600, San Francisco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force majeure Sublessee is unable in whole or in part to carry out its obligations under this Sublease with respect to the Equipment, other than its obligation to pay Sublease-Purchase Payments with respect thereto which shall be paid when due notwithstanding the provisions of this paragraph, Sublessee shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other labor disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the State or their respective departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Sublessee and not resulting from its negligence. Sublessee agrees, however, to remedy with all reasonable dispatch the cause or causes preventing Sublessee from carrying out its obhgations under this Sublease; provided that the settlement of strikes, lockouts and other labor disturbances shall be entirely within the discretion of Sublessee and Sublessee shall not be required to make settlement of strikes, lockouts and other labor disturbances by acceding to the demands of the opposing party or parties when such course is in the judgment of Sublessee unfavorable to Sublessee. SECTION 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof shall have happened and be continuing with respect to the Equipment, Sublessor (or, in all cases, the Lessor as the assignee of Sublessor's right, title and interest in this Sublease) shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps: (i) Sublessor may declare the then applicable Prepayment Price set forth on Exhibit B to be due and payable by Sublessee, whereupon such Prepayment Price shall be immediately due and payable. (ii) Sublessor, with or without terminating this Sublease, may repossess the Equipment by giving Sublessee written notice to deliver the Equipment to Sublessor, whereupon Sublessee shall do so in the manner provided in Section 12.3. In the event Sublessee fails to do so within ten (10) days after receipt of such notice, Sublessor may enter upon Sublessee's premises where the Equipment is kept and take possession of the Equipment, and charge Sublessee for costs incurred in repossessing the Equipment, including reasonable attorneys' fees. Sublessee hereby expressly waives any damages occasioned by the repossession. If the Equipment or any portion of it has been destroyed or damaged beyond repair, Sublessee shall pay the then applicable Prepayment Price for the Equipment as set forth in Exhibit B (less credit for Net Proceeds) to Lessor. If the Equipment has not been destroyed or damaged beyond repair, and/or the Prepayment Price has not been paid, Sublessee shall continue to be responsible for the payment of the Sublease-Purchase Payments. When the default is cured, if Sublessor has not sold the Equipment pursuant to Clause (iii) or (iv), Sublessor shall return the Equipment to Sublessee at Sublessee's expense. (iii) If the Sublessor takes possession of the Equipment, Sublessor shall within sixty (60) days thereafter use its best efforts to sell the Equipment or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable State laws. Sublessor shall apply the proceeds of such sale to pay the following items in the following order: (a) costs incurred in repossessing the Equipment from Sublessee; (b) reasonable expenses of sale; (c) any Sublease-Purchase Payments or other amounts due hereunder then outstanding and unpaid; and (d) the applicable Prepayment Price. Although the obligation to make the required Sublease-Purchase Payments on each Payment Date as shown on Exhibit B hereof ceases upon termination of this Sublease, Sublessee shall continue to be responsible for the payment of all Sublease-Purchase Payments or other amounts due hereunder then outstanding and unpaid and the applicable Prepayment Price except to the extent Sublessor obtains moneys for the payment thereof as provided in this Clause. Sublessor shall pay Sublessee any sale proceeds not needed for the purposes specified above. 13 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation (iv) Sublessor may take any other remedy available at law or in equity to require Sublessee to perform its obligation hereunder. SECTION 12.3. Return of Equipment. Upon the termination of this Sublease prior to the payment of all Sublease-Purchase Payments in accordance with Exhibit B, Sublessee shall return the Equipment to Lessor in the condition, repair, appearance and working order required in Section 7.2, in the following manner as may be specified by Sublessor or Lessor: (i) by delivering the Equipment at Sublessee's cost and expense to such place within the State as Sublessor or Lessor shall specify; or (ii) by loading such portions of the Equipment as are considered movable at Sublessee's cost and expense, on board such carrier as Sublessor or Lessor shall specify and shipping the same, freight prepaid, to the place specified by Sublessor or Lessor. If Sublessee refuses to return the Equipment in the manner designated, Sublessor or Lessor may repossess the Equipment and charge to Sublessee the costs of such repossession or pursue any remedy described in Section 12.2. SECTION 12.4. No Remedy Exclusive. No remedy conferred upon or reserved to Sublessor or Lessor by this Article is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Sublease. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Sublessor or its assignee, including specifically the Lessor. SECTION 12.5. Agreement to Pay Attorneys' Fees and Expenses, In the event either party to this Sublease should default under any of the provisions hereof and the nondefaulting party should employ attomeys and/or incur other expenses for the collection of moneys or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fee of such attorneys and/or such other reasonable expenses so incurred by the nondefaulting party. In the event that legal proceedings relating to this Sublease (but not including an action by a nondefaulting party against a defaulting party) are commenced in any court or before any other tribunal of competent jurisdiction, the reasonable legal fees and other reasonable costs and expenses of the prevailing party shall be paid by the nonprevailing party on demand of the prevailing party. SECTION 12.6. Late Charge. Whenever any event of default referred to in Section 12.1, Clause (i) hereof shall have happened and be continuing with respect to the Equipment, Sublessor shall have the right, at its option and without any further demand or notice, to require a one-time late payment charge equal to four percent (4%) of the delinquent amount, and Sublessee shall be obligated to pay the same immediately upon receipt of Sublessor's written invoice therefor; provided, however, that this Section 12.6 shall not be applicable if or to the extent that the application thereof would affect the validity of this Sublease. ARTICLE XIII ADMINISTRATIVE PROVISIONS SECTION 13.1. Notice~. All notices, certificates, legal opinions or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in registered or certified form, return receipt requested, with postage fully prepaid to the addresses specified on the first page hereof; provided that Sublessor and Sublessee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions or other communications will be sent. SECTION 13.2. Financial Information. During the Term of this Sublease, Sublessee annually will provide to Sublessor financial statements, annual budgets and such other financial information relating to the ability of Sublessee to continue to pay the Sublease-Purchase Payments required under this Sublease as may be requested by Sublessor or its assignee. 14 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation SECTION 13.3. Binding Effect. This Sublease shall inure to the benefit of and shall be binding upon Sublessor and Sublessee and their respective successors and assigns. SECTION 13.4. Severability. In the event any provision of this Sublease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof SECTION 13.5. Amendments. Chanees and Modifications, This Sublease may be amended or any of its terms modified only by written document d~ly authorized, executed and delivered by Sublessor and Sublessee. SECTION 13.6. Captions, The captions or headings in this Sublease are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses of this Sublease. SECTION 13.7. Further Assurances and Corrective Instruments. Sublessor and Sublessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be and for carrying out the expressed intention of this Sublease. SECTION 13.8. Execution in Countervarts. This Sublease may be simultaneously executed in several counterparts, each of which shall be an-original and all of which shall constitute gut one and the same instrument. SECTION 13.9. Applicable Law. This Sublease shall be governed by and construed in accordance with the laws of the State. SECTION 13.10. Limitation of Liability. No provision, covenant or agreement contained in this Sublease or any obligation herein imposed upon Sublessor, or the breach thereof, shall constitute or give rise to or impose upon Sublessor a pecuniary liability or a charge upon its general credit or taxing powers. In making the agreements, provisions and covenants set forth in this Sublease, Sublessor has not obligated itself except with respect to the Equipment and the application of the Lease-Purchase Payments. IN WITNESS WHEREOF, Sublessor has caused this Sublease to be executed in its corporate name by its duly authorized officer; and Sublessee has caused this Sublease to be executed in its name by its duly authorized officer, as of the date first above written. Date: May 15. 1996 CITY OF UKIAH, as Sublessor, By (name) THE GREATER UKIAH SENIOR CENTER, INC., as Sublessee, (name) Its: (Title) 15 465 California Street, Suite 600, San Frandsco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT A DESCRIPTION OF EQUIPMENT Thirty-Eight (38) 10'X 32' Steel Frame Modular Buildings Date: NIay 15,1996 THE GREATER UKIAH SENIOR CENTER, INC., By (Si~mature) Its: (TITLE) A 6 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT B AMORTIZATION SCHEDULE GREATER UKIAH SENIOR CENTER EXPANSION PROJECT $601,578.75 1 Jun-15-96 $6,027.34 $3,258.55 $2,768.79 $598,809.96 2 Ju1-15-96 $6,027.34 $3,243.55 $2,783.79 $596,026.17 3 Aug-15-96 $6,027.34 $3,228.48 $2,798.86 $593,227.31 4 Sep-15-96 $6,027.34 $3,213.31 $2,814.03 $590,413.28 5 Oct-15-96 $6,027.34 $3,198.07 $2,829.27 $587,584.01 6 Nov- 15-96 $6,027.34 $3,182.75 $2,844.59 $584,739.42 7 Dec-15-96 $6.027.34 $3.167.34 $2.860.00 $581,879.42 Annual Subtotal: $42,191.38 $22,492.05 $19,699.33 8 Jan-15-97 $6,027.34 $3,151.85 $2,875.50 $579,003.92 9 Feb-15-97 $6,027.34 $3,136.27 $2,891.07 $576,112.86 10 Mar-15-97 $6,027.34 $3,120.61 $2,906.73 $573,206.13 11 Apr-15-97 $6,027.34 $3,104.87 $2,922.47 $570,283.66 12 May-15-97 $6,027.34 $3,089.04 $2,938.31 $567,345.35 13 Jun-15-97 $6,027.34 $3,073.12 $2,954.22 $564,391.14 14 Ju1-15-97 $6,027.34 $3,057.12 $2,970.22 $561,420.92 15 Aug-15-97 $6,027.34 $3,041.03 $2,986.31 $558,434.61 16 Sep-15-97 $6,027.34 $3,024.85 $3,002.49 $555,432.12 17 Oct-15-97 $6,027.34 $3,008.59 $3,018.75 $552,413.37 18 Nov-15-97 $6,027.34 $2,992.24 $3,035.10 $549,378.27 19 Dec-15-97 $6.027.~4 $2.975.80 $3.051.54 $546,326.73 Annual Subtotal: $72,328.08 $36,775.39 $35,552.69 20 Jan-15-98 $6,027.34 $2,959.27 21 Feb- 15 -98 $6,027.34 $2,942.65 22 Mar-15-98 $6,027.34 $2,925.94 23 Ap r- 15-98 $6,027.34 $2,909.14 24 May-15-98 $6,027.34 $2,892.25 25 J un- 15-98 $6,027.34 $2,875.27 26 Jul-15-98 $6,027.34 $2,858.20 27 Aug-15-98 $6,027.34 $2,841.03 28 Sep-15-98 $6,027.34 $2,823.77 29 Oct- 15-98 $6,027.34 $2,806.42 30 Nov- 15-98 $6,027.34 $2,788.97 31 Dec-15-98 $6.027.34 $2.771.43 Annual Subtotal: $72,328.08 $34,394.34 $3,068.07 $3,O84.69 $3,101.40 $3318.20 $3.135.09 $3 352.07 $3 369.14 $3.186.31 $3.203.57 $3.220.93 $3.238.37 $3.255.91 $37,933.74 $543,258.66 $540,173.97 $537,O72.57 $533,954.37 $530,819.28 $527,667.21 $524,498.07 $521,311.76 $518,108.19 $514,887.27 $511,648.90 $508,392.99 B-1 465 California Street, Suite 600, San Francisco, California 94104 (Tel): 415-421-7300 (Fax) 415-421-0755 MARK PRF~SMAN A~SOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT Payment 32 Jan-15-99 $6,027.34 $2,753.80 $3,273.54 33 Feb-15-99 $6,027.34 $2,736.06 $3,291.28 34 Mar-15-99 $6,027.34 $2,718.24 $3,309.10 35 Apr-15-99 $6,027.34 $2,700.31 $3,327.03 36 May-15-99 $6,027.34 $2,682.29 $3,345.05 37 Jun- 15-99 $6,027.34 $2,664.17 $3,363.17 38 Ju1-15-99 $6,027.34 $2,645.95 $3,381.39 39 Aug-15-99 $6,027.34 $2,627.64 $3,399.70 40 Sep-15-99 $6,027.34 $2,609.22 $3,418.12 41 Oct-15-99 $6,027.34 $2,590.71 $3,436.63 42 Nov- 15-99 $6,027.34 $2,572.09 $3,455.25 43 Dec-15-99 $6.027.~ $2.553.35 $3.473.96 Annual Subtotal: $72,328.08 $31,853.86 $40,474.22 44 Jan-15-00 $6,027.34 $2,534.56 $3,492.78 45 Feb-15-00 $6,027.34 $2,515.64 $3,511.70 46 Mar-15-00 $6,027.34 $2,496.62 $3,530.72 47 Apr-15-00 $6,027.34 $2,477.49 $3,549.85 48 May- 15-00 $6,027.34 $2,458.27 $3,569.07 49 Jun- 15-00 $6,027.34 $2,438.93 $3,588.41 50 Jul-15-00 $6,027.34 $2,419.50 $3,607.85 51 Aug-15-00 $6,027.34 $2,399.95 $3,627.39 52 Sep-15-00 $6,027.34 $2,380.31 $3,647.03 53 Oct- 15-00 $6,027.34 $2,360.55 $3,666.79 54 Nov-15-00 $6,027.34 $2,340.69 $3,686.65 55 Dec-15-00 $6.027.34 $2.320,72 $3.706.62 Annual Subtotal: $72,328.08 $29,143.23 $43,184.85 56 Jan-15-01 $6,027.34 $2,300.64 $3,726.70 57 Feb- 15-01 $6,027.34 $2,280.46 $3,746.88 58 Mar-15-01 $6,027.34 $2,260.16 $3,767.18 59 Apr-15-01 $6,027.34 $2,239.75 $3,787.59 60 May- 15-01 $6,027.34 $2,219.24 $3,808.10 61 Jun-15-01 $6,027.34 $2,198.61 $3,828.73 62 Jul- 15-01 $6,027.34 $2,177.87 $3,849.47 63 Aug- 15-01 $6,027.34 $2,157.02 $3,870.32 64 Sep-15-01 $6,027.34 $2,136.06 $3,891.28 65 Oct-15-01 $6,027.34 $2,114.98 $3,912.36 66 Nov- 15-01 $6,027.34 $2,093.79 $3,933.55 67 Dec-15-01 $6.027.34 $2.072.45 $3.954.86 Annual Subtotal: $72,328.08 $26,251.06 $46,077.02 $505,119.45 $501,828.17 $498,519.07 $495,192.04 $491,846.99 $488,483.82 $485,102.43 $481,702.73 $478,284.61 $474,847.98 $471,392.73 $467,918.77 $464,425.99 $460,914.29 $457,383.57 $453,833.72 $450,264.65 $446,676.24 $443,068.40 $439,441.01 $435,793.98 $432,127.19 $428,440.54 $424,733.92 $421,007.22 $417,260.34 $413,493.16 $409,7O5.57 $405,897.47 $402,068.74 $398,219.27 $394,348.95 $390,457.67 $386,545.31 $382,611.76 $378,656.90 B-2 465 California Street, Suite 600, San Francisco, California 94104 (Tel): 415-421-7300 (Fax) 415-421-0755 MARK PRESS~ ASSOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT 68 Jan-15-02 69 Feb-15-02 70 Mar-15-02 71 Apr-15-02 72 May-15-02 73 Jun-15-02 74 Jul-15-02 75 Aug-15-02 76 Sep-15-02 77 Oct-15-02 78 Nov-15-02 79 Dec-15-02 Annual Subtotal: 80 Jan-15-03 81 Feb-15-03 82 Mar-15-03 83 Apr-15-03 84 May-15-03 85 Jun-15-03 86 Jul-15-03 87 Aug-15-03 88 Sep-15-03 89 Oct-15-03 90 Nov-15-03 91 Dec-15-03 Annual Subtotal: 92 Jan-15-04 93 Feb-15-04 94 Mar-15-04 95 Apr-15-04 96 May-15-04 97 Jun-15-04 98 Jul-15-04 99 Aug-15-04 100 Sep-15-04 101 Oct-15-04 102 Nov-15-04 103 Dec-15-04 Annual Subtotal: $6,027.34 $2,051.06 $3,976.28 $6,027.34 $2,029.52 $3,997.82 $6,027.34 $2,007.87 $4,019.47 $6,027.34 $1,986.09 $4,041.25 $6,027.34 $1,964.20 $4,063.14 $6,027.34 $1,942.19 $4,085.15 $6,027.34 $1,920.07 $4,107.27 $6,027.34 $1,897.82 $4,129.52 $6,027.34 $1,875.45 $4,151.89 $6,027.34 $1,852.96 $4,174.38 $6,027.34 $1,830.35 $4,196.99 $6.027.34 $1.807.62 $4.219.72 $72,328.08 $23,165.20 $49,162.88 $6,027.34 $1,784.76 $4,242.58 $6,027.34 $1,761.78 $4,265.56 $6,027.34 $1,738.67 $4,288.67 $6,027.34 $1,715.44 $4,311.90 $6,027.34 $1,692.09 $4,335.25 $6,027.34 $1,668.60 $4,358.74 $6,027.34 $1,644.99 $4,382.35 $6,027.34 $1,621.26 $4,406.08 $6,027.34 $1,597.39 $4,429.95 $6,027.34 $1,573.40 $4,453.94 $6,027.34 $1,549.27 $4,478.07 $6.027.34 $1.525.0~ $4.502.33 $72,328.08 $19,872.66 $52,455.42 $6,027.34 $6,027.34 $6,027.34 $6,027.34 $6,027.34 $6,027.34 $6.027.34 $6.027.34 $6.027.34 $6 027.34 $6 027.34 $6.027.~4 $72,328.08 $374,680.62 $370,682.80 $366.663.33 $362.622.08 $358 558.94 $354.473.79 $350.366.52 $346.237.00 $342 085.11 $337 910.73 $333 713.74 $329 494.02 $325,251.44 $320,985.88 $316,697.21 $312,385.31 $308.050.06 $303.691.32 $299.308.97 $294.902.89 $290.472.94 $286.019.00 $281,540.93 $277,038.60 $1,500.63 $4,526.71 $272,511.89 $1,476.11 $4,551.23 $267,960.66 $1,451.45 $4,575.89 $263,384.77 $1,426.67 $4,600.67 $258,784.10 $1,401.75 $4,625.59 $254,158.51 $1,376.69 $4,650.65 $249,507.86 $1,351.50 $4,675.84 $244,832.02 $1,326.17 $4,701.17 $240,130.85 $1,300.71 $4,726.63 $235,404.22 $1,275.11 $4,752.23 $230,651.99 $1,249.36 $4,777.98 $225,874.01 $1.223.45 $4.803.86 $221,070.15 $16,359.63 $55,968.45 B-3 465 California Street, Suite 600, San Francisco, California 94104 (Tel): 415-421-7300 (Fax) 415-421-0755 MARK PRESS~ ASSOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT 104 Jan-15-05 $6,027.34 $1,197.46 $4,829.88 $216,240.27 105 Feb-15-05 $6,027.34 $1,171.30 $4,856.04 $211,384.23 106 Mar-15-05 $6,027.34 $1,145.00 $4,882.34 $206,501.89 107 Apr-15-05 $6,027.34 $1,118.55 $4,908.79 $201,593.10 108 May-15-05 $6,027.34 $1,091.96 $4,935.38 $196,657.72 109 Jun-15-05 $6,027.34 $1,065.23 $4,962.11 $191,695.61 110 Jul-15-05 $6,027.34 $1,038.35 $4,988.99 $186,706.62 111 Aug-15-05 $6,027.34 $1,011.33 $5,016.01 $181,690.61 112 Sep-15-05 $6,027.34 $984.16 $5,043.18 $176,647.43 113 Oct-15-05 $6,027.34 $956.84 $5,070.50 $171,576.93 114 Nov-15-05 $6,027.34 $929.38 $5,097.96 $166,478.97 115 Dec-15-05 $6.027.34 $901.76 $5.125.58 $161,353.39 Annual Subtotal: $72,328.08 $12,611.32 $59,716.76 116 Jan-15-06 $6,027.34 $874.00 $5,153.34 $156,200.05 117 Feb-15-06 $6,027.34 $846.08 $5,181.26 $151,018.77 118 Mar-15-06 $6,027.34 $818.02 $5,209.32 $145,809.47 119 Apr-15-06 $6,027.34 $789.80 $5,237.54 $140,571.93 120 May-15-06 $6,027.34 $761.43 $5,265.91 $135,306.02 121 Jun-15-06 $6,027.34 $732.91 $5,294.43 $130,011.59 122 Jul-15-06 $6,027.34 $704.23 $5,323.11 $124,688.48 123 Aug-15-06 $6,027.34 $675.40 $5,351.94 $119,336.54 124 Sep-15-06 $6,027.34 $646.41 $5,380.93 $113,955.61 125 Oct-15-06 $6,027.34 $617.26 $5,410.08 $108,545.53 126 Nov-15-06 $6,027.34 $587.95 $5,439.39 $103,106.14 127 Dec- 15-06 $6,027.34 $558.49 $5.468.85 $97,637.29 Annual Subtotal: $72,328.08 $8,611.98 $63,716.10 128 Jan-15-07 $6,027.34 $528.87 $5,498.47 $92,138.82 129 Feb- 15-07 $6,027.34 $499.09 $5,528.25 $86,610.57 130 Mar-15-07 $6,027.34 $469.14 $5,558.20 $81,052.37 131 Apr- 15-07 $6,027.34 $439.03 $5,588.31 $75,464.06 132 May-15-07 $6,027.34 $408.76 $5,618.58 $69,845.48 133 Jun-15-07 $6,027.34 $378.33 $5,649.01 $64,196.47 134 Jul- 15-07 $6,027.34 $347.73 $5,679.61 $58,516.86 135 Aug- 15-07 $6,027.34 $316.97 $5,710.37 $52,806.49 136 Sep-15-07 $6,027.34 $286.04 $5,741.30 $47,065.19 137 Oct-15-07 $6,027.34 $254.94 $5,772.40 $41,292.79 138 Nov-15-07 $6,027.34 $223.67 $5,803.67 $35,489.12 139 Dec-15-07 $6,027.34 $192.23 $5.835.11 $29,654.01 Annual Subtotal: $72,328.08 $4,344.80 $67,983.28 B-4 465 California Street, Suite 600, San Francisco, California 94104 (Tel): 415-421-7300 (Fax) 415-421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation GREATER UKIAH SENIOR CENTER EXPANSION PROJECT Payment pa~ent Number Date : 140 Jan - 15-08 $6,027.34 $160.63 $5,866.71 141 Feb- 15-08 $6,027.34 $128.85 $5,898.49 142 Mar-15-08 $6,027.34 $96.90 $5,930.44 143 Apr-15-08 $6,027.34 $64.77 $5,962.57 144 May-15-08 $6.027.28 $32.4~ $5.995.~ Annual Subtotal: $30,136.64 $483.63 $29,654.01 $23,787.30 $17,888.81 $11,958.37 $5,995.80 ($o.oo) TOTALS: ~ ~ $601378.75 Dated: May 15, 1996 THE GREATER UKIAH SENIOR CENTER, INC. By: Its: B-5 465 California Street, Suite 600, San Francisco, California 94104 (Tel): 415-421-7300 (Fax) 415-421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT C CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby certify that I am the duly qualified and acting President of the Board of Directors of The Greater Ukiah Senior Center, Inc. ("Sublessee"); and, with respect to the Sublease Agreement, dated May 15, 1996 (the "Sublease"), by and between Sublessee and the City of Ukiah ("Sublessor"), that: o The equipment described in the Sublease (the "Equipment") has been delivered and installed in accordance with Sublessee's Specifications (as that term is defined in the Sublease) and has been accepted by Sublessee. The foregoing acceptance is now a waiver of any claims and/or causes of action which Sublessee may have or may assert against the Contractor with respect to the warranties, obligations and covenants of the Contractor relating to the Equipment. Sublessee hereby preserves all rights and remedies it may have or assert against Contractor with respect to the Equipment. . The sublease-purchase payments provided for on Exhibit B to the Sublease (the "Sublease- Purchase Payments") shall be due and payable on June 15th and the 15th day of each month thereafter, in the amounts shown on Exhibit B to the Sublease. o Sublessee has obtained from a reputable insurance company qualified to do business in the State of California (the "State") insurance with respect to all risks required to be covered thereby pursuant to Article VI of the Sublease. 4. Sublessee is exempt from all personal property taxes and is (exempt from) (subject to) sales and/or use taxes with respect to the Equipment and the Sublease-Purchase Payments. . There is not htigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body, that challengers the organization or existence of Sublessee; the authority of Sublessee or its officers or its employees to enter into the Sublease; the proper authorization, approval and/or execution of the Sublease and other documents contemplated thereby; or the abihty of Sublessee otherwise to perform its obligations under the Sublease and the transactions contemplated thereby. Date: May 15,1996 THE GREATER UKIAH SENIOR CENTER, INC., Its: (TITLE) 17 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT D OPINION OF COUNSEL City of Ukiah MPA Leasing Corporation 465 California Street, Suite 600 San Francisco, California 94104 Re: Sublease Purchase Agreement dated as of May 15, 1996, by and between City of Ukiah, as Sublessor ("Lessor") and The Greater Ukiah Senior Center, Inc., as Sublessee ("Sublessee") Gentlemen: TO FOLLOW FROM BOND COUNSEL 18 465 California Street, Suite 600, San Frandsco, California 94104 * Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT E RESOLUTION APPROVING TRANSACTION GREATER UKIAH SENIOR CENTER, INC. WHEREAS, pursuant to a Resolution of the Board of Directors of the Foundation dated May 15, 1996, the Board determined to acquire a certain building (the "Building") and to finance such acquisition upon completion and installation of the Building; and WHEREAS, the Foundation desires to finance the acquisition of the Building by means of the acquisition of the Building by MPA Leasing Corporation ("MPALC") for approximately $602,000, the lease and purchase of the Building by MPALC to the City of Ukiah (the "Cit "' City to the Foundation; now therefore, be it, Y )' and a sublease and purchase of the Building from the RESOLVED: That , President of the Foundation, be, and he hereby is, authorized on behalf of and in the name of the Foundation to subleaSe and purchase from the City the Building; and finance such sublease and purchase, upon such terms and conditions as he may determine in his sole discretion; and further RESOLVED: That , President of the Foundation, be, and he hereby is, further authorized to pledge the Buildings as security for the sublease and in that regard, and with regard to the sublease and purchase of the Building, to execute and behalf of the Foundation such instruments or documents as he in his discretion may deem necessary or desirable, at the request of MPALC or the City, in connection with the sublease and purchase of the building; and further RESOLVED: That the Foundation ratifies the actions previously taken by the officers of the Foundation, or any one of them acting alone, in connection with the original sublease of, the Building, actions taken to comply with the requirements of MPALC and/or the City, and all other actions taken incidental thereto. Date: May 15,1996 THE GREATER UKIAH SENIOR CENTER, INC., ~y cSL~mtum) Its: (21TLE) 19 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation TO BE PLACED ON THE GREATER UKIAH SENIOR CENTER, INC.'S LETI'ERHEAD I, , Secretary of the Board of Directors of the Greater Ukiah Senior Center do hereby attest that a resolution was adopted by the Board to enter into a lease purchase agreement with MPA Leasing Corporation for the financing of our $601,578.75 expansion project. The resolution was entered into our minutes on and was passed by a majority of the Board. Date: May 15.1996 THE GREATER UKIAH SENIOR CENTER, INC., (sL atur ) Its: Secretary 20 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT F CERTIFICATE AS TO TAX-EXEMPT STATUS The undersigned, ., the President of the Greater Ukiah Senior Center, Inc., a California nonprofit corporation (the Sublessee), does hereby certify that: (i) Service; attached hereto is a true and correct copy of a determination letter from the Internal Revenue (ii) the Sublessee has not been notified, since the date of the attached letter that such letter has been either amended, repealed or revoked, and, to the best of my knowledge and belief, the determination expressed in the attached letter remains in full force and effect on the date hereof; (i ii ) the undersigned knows of no advance action being contemplated by the Internal Revenue Service with respect to the tax-exempt status of the Sublessee or any meritorious reason therefor; and (iv) the Sublessee has not changed its purposes, character or method or operation since the date of the attached letter to any extent which would affect the tax-exempt status of the Sublessee. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 1996. THE GREATER UKIAH SENIOR CENTER, INC. By: (name) Its: President of the Board of Directors 21 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 MARK PRESSMAN ASSOCIATES MPA Leasing Corporation EXHIBIT G INSURANCE COVERAGE REQUIREMENTS 1. In accordance with the Sublease Agreement, we have instructed the insurance agent named below (Please fill in name, address, and telephone number) to issue: a. All Risk Physical Damage Insurance on the Project evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Lessor designated above and/or its assigns as Loss Payee. b. Public Liability Insurance evidenced by a Certificate of Insurance naming Lessor and/or its assigns as an Additional Insured. OR 2. Pursuant to Section 6.01 of the Lease we are self-insured for all risk, physical damage, and public liability and will provide proof of such self-insurance in letter form together with a copy of statute authorizing this form of insurance. o Proof of insurance coverage will be provided to you prior to the time that the Project is delivered to us. Date: May 15,1996 THE GREATER UKIAH SENIOR CENTER, INC., By Si_enature) nallle G 22 465 California Street, Suite 600, San Francisco, California 94104 · Tel: 415/421-7300 FAX: 415/421-0755 ITEM NO. 9a DATE: May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: APPLICATION TO DEMOLISH A SINGLE FAMILY RESIDENCE OVER 50 YEARS OLD LOCATED AT 400 EAST PERKINS STREET SUMMARY: On April 17, 1996, the City Council reconsidered their earlier decision to declare the structure at 400 East Perkins Street historically significant, and disallow its demolition. The reconsideration was necessary because since the Council's original decision in September of 1994, the subject house has continued to deteriorate, remains abandoned and boarded up, and has been the source of numerous complaints by adjacent and nearby property owners. After considerable discussion, the Council decided to allow interested parties a final opportunity to find an alternative to demolishing the structure. Staff was directed to facilitate discussions between the property owner, any interested buyers of the house, and Ms. Judy Pruden, Chairperson of the Demolition Permit Review Committee, in an attempt to have the structure relocated. (continued on page 2) RECOMMENDED ACTION: City Council approve the Demolition Permit for the residential structure located at 400 East Perkins Street and determine that the structure is no longer historically significant due to changed circumstances. ALTERNATIVE COUNCIL POLICY OPTION: 1. Deny the Demolition Permit application based on the property's historical significance. Citizen Advised: Judy Pruden, Chairperson, Demolition Permit Review Committee Requested by: Planning Department Prepared by: Charley Stump, Senior Planner~? Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: None APPROVED: Cahdace Horsley, City M~ager Subsequent to the City Council meeting on April 17, 1996, staff has met with all interested parties in an attempt to improve communication, define alternatives, and facilitate a possible solution. The primary issues associated with moving the structure are location and cost. Where can the structure be moved to, how much will it cost, and who is going to pay for it? The property owner immediately indicated an interest in working with staff and Ms. Pruden in finding an alternative to demolition. Additionally, he indicated that he would be willing to provide the amount of money (approximately $2000) that it would take to demolish the structure towards moving it if a true relocation solution was presented. After exhausting a number of possibilities, Ms. Pruden focused on the potential option of moving the structure across Perkins Street to the property owned by the Northern California Railroad Association (NCRA). This option was preferred because it would involve the least amount of time and money, and would possibly allow the structure to be used in the forthcoming master planning effort for a Ukiah Intermodal Transportation Center on the NCRA property. However, subsequent discussions with a NCRA Board member indicated that they are not interested in having the structure moved to, and stored on the site. The NCRA would consider historically renovated buildings moved to the site once the Master Plan for the Intermodal Transportation Center was completed. Unfortunately, the Master Plan is in its infancy, and is expected to take at least a year to complete. Accordingly, it has been determined that relocating the structure to the NCRA property along Perkins Street is not an option. No other interested persons or sites have been identified, or presented as viable alternatives. In terms of costs, research reveals that even a short move could cost $7000 to $12,000. Except for the property owner's offer to contribute to the costs, no funding source for relocating the structure has been identified. Conclusions: Staff has worked with the property owner and all interested parties to make a final effort at finding an alternative to demolishing the structure. While a number of possibilities were discussed, only one potential option surfaced. Unfortunately, the option was found to be infeasible because the property owner of the potential relocation site could not allow the structure to be stored indefinitely on the property. Compounding the problem of finding a suitable site for relocation is the lack of a funding source to pay for the move. Absent any serious interest in the house, a viable site for its relocation, and funds to move the structure, demolition unfortunately appears to be inevitable. ITEM NO. 10a DATE: May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: SELECTION OF ALTERNATE BOARD MEMBER TO THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF) Since September 1995, there has only been one assignment to the Redwood Empire Municipal Insurance Fund (REMIF), and that was the Assistant City Manager as the alternate. At this time, staff is proposing that the City Manager, Candace Horsley, be made Council's appointed Board member to REMIF, and that the Assistant City Manager, Michael Harris, be made the alternate. Mr. Harris has been designated as the Risk Manager for the City of Ukiah in the recent restructuring of April 1996, and will require training and reference materials on liability procedures, processes, and claim policies. These training sessions are provided through REMIF to the Board member and alternate at no additional cost to the City. The City Manager will continue to attend the REMIF Board meetings for purposes of policy direction regarding liability, property, workers compensation and other types of REMIF coverage. ' RECOMMENDED ACTION: City Council appoint City Manager Candace Horsley as Board member to Redwood Empire Municipal Insurance Fund Board, and Assistant City Manager Michael Harris as the alternate. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council appoint different individual(s) to REMIF Board. Acct. No. (if NOT budgeted): N/A Acct. No.' Appropriation Requested: N/A (if budgeted) Citizen Advised- N/A Requested by: Prepared by: Candace Horsley, City Manager Attachments: 1. Council Committee Assignments 4/Can:ASRREMIF Candace Horsley, Cit~ Manager COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Mendocino Council of Governments (MCOG) Economic Development Finance Corporation MTA Board of Directors Local Agency Formation Commission (Willits/Pt. Arena) Ukiah Valley Sanitation District Ci.ty Selection Committee Mendocino Solid Waste Management Authority (JPA) County Overall Economic Development Northern California Power Association (NCPA) Redwood Empire Municipal Ins. Fund (REMIF) Alternate Redwood Empire Financing Authorit)., (REFA) Chamber of Commerce Liaison League of California Cities Liaison League of California Cities Housing Subcommittee Sun House Gnild Mayor/Managers Committee Valley Wide Task Force Valley Wide Water Task Force Downtown Master Plan Committee Redevelopment Finance Review Committee Main Street Board of Directors North Coast Opportunities Board May 15. 1996 ASSIGNED TO Shoemaker/Malone as alternate Mastin Mastin Wattenburger (Alternate) Mayor or Vice-Mayor Mayor (Required) Shoemaker City Manager or her designee Schneiter City Manager or Electric Utility. Director - Alternate City Manager Asst. City Manager City Manager (By Resolution) Malone Malone Shoemaker Malone Mayor/City Manager Shoemaker/Schneiter City Manager Shoemaker/City Manager or her designee Mastin Agency Chairman and Wattenburger Mastin-Alternate Malone/Cit).~' Manager or her designee Schneiter/Alternate - City Manager designee or her ITEM NO. 10b DATE: May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING CITY TREASURER POSITION AND APPOINTMENT OF INTERIM CITY TREASURER City Council appointed Treasurer, Patrick Coyne, has moved outside the City limits into the County area. Under Government Code Section 36502, he is no longer eligible to serve as the City of Ukiah Treasurer, which leaves the position vacant at this time. The two issues for Council review and discussion are; 1) appointment to fill the vacancy of Treasurer until the November election; and 2) determine who will provide investment advisory services and for what length of time. The Treasurer appointment may be filled by a member of the public, staff or a Councilmember as long as the appointee is a city resident. The Council may appoint a Councilmember tonight or direct staff to initiate a recruitment. Staff recommends that until the November election, the appointed Treasurer be the Chair of the oversight committee which will review the investment policy and strategies. Suggestions for the committee's organization and membership will be brought back to Council in June. During the transition pedod, the City's portfolio should be managed by an investment advisor. Patrick Coyne has proactively provided sound investment advisory services to the City as Treasurer (Continued on Page 2) RECOMMENDED ACTION: 1. Council appoint a Treasurer or direct staff to initiate a recruitment. 2. Council determine strategy for investment services ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine more information is required prior to decision or defer matter to a later date. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Candace Horsley, City Manager David Rapport, City Attorney 1. Draft Professional Services Contract from City Attorney. 2. Comparison Chart of Portfolio Performance Prepared by Patdck Coyne. APPROVED: ~~__-~ R:4/Can:ASRTreas Candace Horsley, City ~nager since his original appointment by the City Council in 1994. He has offered to continue to do so on a consultant basis for $2,083.33 per month, but only if the contract is through February, 1997. A professional services contract, prepared by the City Attorney, is attached delineating the terms of this agreement for Council's review. Also attached is a comparison chart provided by Patdck Coyne of the increased value of the City's portfolio performance since the start of his management services. Other alternatives for investment services for the Council to consider include: 1) hiring an investment advisor on a month to month basis until an investment advisor is selected through the RFP process; 2) contract with an advisor until the November election when a new Treasurer will be elected. An RFP for investment management services could be coordinated so the selected advisor would come on board by the November election. PROFESSIONAL SERVICES CONTRACT This Agreement is made and entered in Ukiah, California, on , 1996, by and between Patrick Coyne, doing business as Coyne Associates ("Consultant,,), and the City of Ukiah ("Ukiah"), a general law municipal corporation. RECITALS: 1. Consultant was appointed by the Ukiah City Council to fill the unexpired term of Ukiah's elected City Treasurer. 2. On November 21, 1994, Consultant entered a lease agreement ("Lease Agreement") with Ukiah which terminates when he ceases to fill the position of City Treasurer. 3. On October.,1995, Consultant moved his residence outside the city limits of Ukiah. 4. Consultant continued to provide the services of the City Treasurer, until May 15, 1996. 5. Under Government Code Section 36502, Consultant is ineligible to serve as Ukiah's City Treasurer. 6. In order to resolve issues regarding Consultant's compensation as City Treasurer and under the lease agreement and to secure investment advisory services for the City on an interim basis, the parties have entered this agreement. AGREEMENT: In consideration of the above-recited facts and the terms and conditions as further stated herein, the parties hereby agree as follows: 1. SERVICES PROVIDED BY CONSULTANT. Subject to the direction of the City Treasurer and the City Manager, Consultant shall provide general investment advisory services to Ukiah, which includes monitoring of Ukiah's investment of surplus funds and the investment of said funds in accordance with Ukiah's investment policies and applicable state law. Consultant shall have such authority to direct Ukiah's investments as is authorized in writing by the City Treasurer. Consultant shall not have authority to enter agreements on behalf of the City. Consultant shall provide those services and reports as are set forth in the attached Exhibit A, which is incorporated herein by reference as though set forth in full. s:~u\agr~ts96\coy~e May 9, 1996 3. TIME OF PERFORMANCE. Consultant shall provide the services set forth in this Agreement for the period May 16, 1996, to and including February 28, 1997. After that date and throughout the term of this Agreement, Consultant shall continue to provide the services on a month-to-month basis, and shall cease to provide such services, if Ukiah notifies him to stop providing services before the first of any month after February 28, 1996. 4. TERM. The term of this Agreement shall begin on May 16, 1996, and end May 30, 1997, unless extended by mutual written agreement of the parties or terminated as provided in paragraph 10. 3. COMPENSATION. Ukiah shall pay Consultant as a fee for the services provided under this Agreement $2,083.33 per month. This shall constitute full and complete compensation to Consultant for any and all services provided by Consultant to Ukiah during the term of this Agreement, including any and all expenses incurred by Consultant in performing such services. 5. METHOD OF PAYMENT. Ukiah shall pay Consultant the monthly fee on or before the fifteenth (15th) day of each month, beginning June 15, 1996. 6. CONFIDENTIALITY. Consultant hereby agrees that he will not disclose or make any other use of information about Ukiah, its finances or its investments which he acquires during the course of providing services under this Agreement, except as necessary to provide services under this Agreement, without the prior written consent of the City Manager. 7. INDEHNIFICATION AND INSURANCE. Consultant shall indemnify and hold harmless Ukiah and its officers, agents and employees from and against any claim, loss or damage, including the legal and other costs of defending against any such claim of damage or loss, by third parties, which arises out of the Consultant's negligent or will fully wrongful act or omission while performing services under this Agreement, except for claims, losses or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. s:~u\agrmts96\coyile May 9, 1996 2 8. OWNERSHIP AND RETURN OF DOCUMENTS. Ail documents or other data provided to Consultant or produced by him as part of performing services under this Agreement belongs to Ukiah. At any time upon request of the City Manager or the City Treasurer, Consultant agrees to return all written and other materials and data furnished to him. Any documents or data created by Consultant as part of providing services under this Agreement shall be the property of Ukiah which shall own the copyright to same. Any and all such documents or data shall be furnished to Ukiah in a form useable to it upon request. 9. PAYMENTS AS TREASURER AND UNDER LEASE AGREEMENT. Ukiah shall pay Consultant for his services as City Treasurer and under the Lease Agreement through May 15, 1996. It shall not pay him for services as City Treasurer on and after that date. Consultant relinquishes any and all claim he might otherwise have to the office of City Treasurer. The lease agreement is terminated effective May 15, 1996, the lease payment for May shall be pro-rated, and City shall have no further liability or obligation to Coyne under said Lease Agreement. Consultant hereby releases Ukiah, and its officers, agents and employees from any and all claims which may or might arise out of his appointment as City Treasurer or under the Lease Agreement. Consultant has considered the possibility that he may not now fully know the number or magnitude of all the claims that he has or may have had against the City, or its officers, agents or employees, but, nevertheless, intends to assume the risk that he is releasing such unknown claims. Consultant agrees that this Agreement is a full and final release of any and all such claims, and expressly waives, as to such claims, the benefits of Sections 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 10. TERMINATION. This Agreement may only be terminated by Ukiah or Consultant based on a material breach of the agreement The parties shall notify each other of any alleged breach of t~e agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. Ukiah shall pay the Consultant only for services performed, subject to off- set for any direct or consequential damages Ukiah may incur as a s:\u\agrmts96\coyne May 9, 1996 3 result of Consultant's breach of contract. 11. MODIFICATION OF AGREEMENT. Ukiah may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between Ukiah and the Consultant, shall be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 12. ASSIGNMENT. The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of Ukiah. ' 13. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 14. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of Ukiah for any purpose whatsoever. Ukiah shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such ac- tivity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in Ukiah have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and Ukiah. Consultant shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. s:~u\agrmts96\co]rne May 9, 1996 4 Consultant agrees to indemnify and hold Ukiah and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit claim, demand or law suit. ' Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 15. INVESTMENT ADVICE. Ukiah recognizes that the opinions, recommendations and actions of Consultant will be based on information deemed by it to be reliable, but not guaranteed to or by it. Provided.that Consultant acts in good faith, Client agrees that Consultant will not in any way be liable for any error in judgment or for any act or omission, except as may otherwise be provided for under the applicable Federal or California Securities laws or other applicable laws. 16. OTHER CLIENTS. It is further understood that Consultant may be acting in a similar capacity for other institutional and individual clients, and that investment advice given to Ukiah may differ from that given with respect to other accounts and clients even though the investment.objectives may be the same or similar. 17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action concerning this Agreement must be filed and litigated in the proper court in Mendocino County. 18. SEVERABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 19. INTEGRATION. This Agreement contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the s:\u\agrmts96\coyne May 9, 1996 5 parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 20. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 21. NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or when deposited in the United Sates mail with proper first class postage affixed thereto and addressed as follows: CONSULTANT UKIAH Patrick Coyne 514 South School Street Ukiah, California 95482 C/O Candace Horsley, City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, California 95482 21. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 22. DUPLICATE ORIGINALS. This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. WHEREFORE, the parties have entered this Agreement on the date first written above. CONSULTANT UKIAH By: By: Consultant FRED SCHNEITER, Mayor ATTEST: s:\u\agrmts96\coyne May 9, 1996 6 City Clerk By: Karen Yoast, Deputy City Clerk s:~u~agrmts96~coyne May 9, 1996 Patrick Coyne, M.B.A., CFP Treasurer, City of Ukiah Director, San Francisco ICFP Societ~ Safety Of Investment First OFFICE OF TREASURER 300 Seminary Avenue Ukiah, CA 95482 (707) 463-6223 FAX (707) 463-6204 E-mail: ukiahcfp~pacific.net Management With Integrity May 7, 1996 Ukiah City Council, City Manager & Finance Director 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Schneiter, Members of City Council, City Manager & Finance Director: Below is a comparative snap shot of where the City's investment portfolio was just pdor to the sale of the illegal derivative investments and the current portfolio position: · ' ~!~$18,096,309 $15,666,719 ($2 ,429 ,590 ) ( 13 .43% )  $2,297,690 $4,042,701 As you can see, through sound fiscal and monetary management, the City's portfolio has increased in value over 4 million dollars in nine months. Just as importantly, the spread between cost and current value has decreased from a negative 13.43% to a negative 3.35% during the same period. This portfolio is a lot less risky, much more liquid and better diversified than before. Even given these positive changes, there is plenty of more room to improve the City's portfolio and I look forward to the opportunity to achieve this goal. if you should have any questions or needs, please feel free to give me a call at any time. Sincerely, Patrick Coyne, CFP Ukiah City Treasurer Committed To Serving The Citizens Of Ukiah LU 0 0 < 0 0 AGENDA ITEM NO. 10c DATE: IVlay 1 5. 1 996 SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING SECTION 3704.6 OF THEUKIAH CITY CODE REPORT: Currently, City Code requires that a manhole be installed on the sewer main in any building situation that requires the sewer to be pumped. In many cases, staff feels that this requirement is not necessary and puts undue financial hardship on the customer. A sewer manhole adds a minimum of $1500 to the cost of a sewer lateral installation. In addition, it has at times been difficult, if not impossible, to install these manholes due to conflicts with other utilities. Staff checked with other agencies and found that none required a manhole for common pumping situations. Prior to 1985, Ukiah City Code (UCC) allowed single family dwellings to pump directly to the public sewer without a manhole. Staff has rewritten Section 3704.6 of the City Code to allow some flexibility in it's interpretation (see Attachment #2 ). Wording requiring cleanouts and backwater valves was also removed as they are adequately addressed in the Uniform Plumbing Code, sections 406 and 409 respectively. Manholes may still be required depending on the size of the project and flow rates. Staff recommends introduction by title only of ordinance amending UCC Section 3704.6: Sewer Too Low. RECOMMENDED ACTION: 1. Introduce by title only the ordinance amending UCC Section 3704.6. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Deny changes in Ukiah City Code Section 3704.6. 2. Modify wording and provide direction to staff. Acct. No. (if not budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent~2,~ Coordinated with: Candace Horsley, City Manager Attachments: 1. Ordinance for Introduction 2_. Current and Proposed Wording Ca~-~lace-H°rsl-ey, City I~anager Attachment 2 CURRENT AND PROPOSED WORDING Current wording: 3704.6: Sewer Too Low: In all buildings in which any building lateral is too Iow to permit gravity flow to the public sewer, sanitary sewage carried by such building lateral shall be lifted by artificial means approved by the Building Official and Director of Public Works, and discharged into a manhole in the public sewer at the expense of the owner. A backwater valve shall be installed. Backwater valves shall not be directly buried. A standard vent-trap and cleanout shall be installed in the side sewer between the building and the public sewer. The vent- trap and cleanout shall be installed so that it is on the owner's property and at a location in the side sewer where the sewage will flow to the public sewer by gravity. The building owner shall be solely responsible for maintenance and operation of the sewage lifting facility and for maintaining a device that will avoid back-flow from the sewer to the premises. Proposed Wording: 3704.6: Sewer Too Low: In all buildings in which any building lateral is too Iow to permit gravity flow to the public sewer, sanitary sewage carried by such building lateral shall be lifted by artificial means and discharged to the public sewer at the expense of the owner. All such installations shall be approved by the City Engineer. BY'XEROX 70a2 · 5- 7-96 ' 2'40P~ 'BROOKTRAILS TO~NSHIP~ 2-404. Design R~~. The type, capacities, locations and layout 0£'Ta prluate ~ewage shall c~ply with all reco~unendations of disposal system the Department of Public Health of the State of California and the Health Department of the County. No septic tank or cesspool shall be Permitted to discharge to any public sower or soy stream or watercourse. 2-405. Abandonment of Facilities. At such time as a public ~ewer becc~es a~iI~ble to a ~operty served by a private sewage disposal system, as provided in Section 2-305, a direct connection Shall be made to the public sewer in compliance with the ordinances, rule~ and regulations of DiStrict, and any septlo tanks, cesspools, and similar private ~ewage disposal facilities shall be abandoned and filled with suitable material a~ determined by the District Inspector. P ~u~ sewage oISp~sal facilitieo ~n a sanitary manner at all t~me~ at no exp~nse to the District. , rained in this ~naxx De construed to iBterfer~ with any additional requirements thst may be imposed by any law, ordinance, rule or regulation or by the llealth Department of the County. ARTICLE 5. B~ILDINC SL~WEN~, LATERALS SEWF_~S AHD CONNECTIONS 2-501. ~ '~o~e~. In accordance with Article 8 of this Code, n p n ~nall construct a buildi~ lateral sower or make a connection with any p~lic sawer with()ut first obtaining a written posit fr~ the District and paying all fee= and co~ection charges as r~uired therein. 2-502. De~lqn and Construction Re'~uirement~ Des~ ~d conatructio~i'fdt-n~ se~' ...... '~' '- -~' 'g ~ in accordance wi~ the requir~ents of ~ District and in accorddnc~ with Standard District Specifications. 2-503. Separate Sewers. No two adjacent buildings fronting on the s~e ~treO~all ~ permitted to join in uso of th~ s~e side mower. ~ary buildi~ or industrla] facilit}, must be gep~ately connected with a p~lic sewer such public s~er exist~ in the street upon ~ich ~e abuts or in an easement which will se~e said propertv~ Howeve:, one or more b~ildin~s l~ated on property bolonging t~ the s~e owner may be served with the 8~ side sewer during the period of said o~ership. O~n the submequent ~ubdtvi~ion and sale of a portion 0f said lot ~e ~rtion not directly connected with such ~ubllc geWer shall be separately connected with a public s~wer, and it shall ~ unlawful for the owner thereof t0 continue to ua~ or maintain such indirect connection. 2-504. Old BuildtnF S~wer~. 'Old building sewers may ~ usod in co~i0n with new'bUildlngm only ~n they are found, upon extinction and test by the General Managor. m~t all roquire~n~ Of District. 2-505. Cleanout~. Cleanouts in building sewers shall b~ provided in ~0 with tho rule~, regulations and ordinances of the District. All cleanout~ ~hall be maintained and watertight. /'/' 2-5~6. Sewer TOo Low. Ia all building~ in Which any building sewer ls~'-~0~ 'low to p~rmit gravity flow to the cower, sanitary ~ewage carried by such building sewer shall be lifted by artificial means and discharged to the public 5ewQr at the ex~nse of tho ow~e~. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 3704.6 OF THE UKIAH CITY CODE REGULATING SEWER LATERALS. The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Ukiah City Code Section 3704.6 is hereby amended to read as follows: §3704.6: SEWER TOO LOW: In all buildings in which any building sewer lateral is too low to permit qravity flow to the public sewer, sanitary sewage carried by such-a building lateral shall be lifted by artificial means and discharged to the public sewer at the expense of the owner. All such installations shall be approved by the City Enginner. SECTION TWO This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on the following roll call vote: , 1996, by AYES: NOES: ABSENT: Adopted on roll call vote: , 1996, by the following AYES: NOES: ABSENT: Fred Schneiter, Mayor s:\u\ords96\trailer May 9, 1996 ATTEST: City Clerk By: Karen Yost, Deputy City Clerk Introduced by title only and adopted on March 20, 1996 by the following roll call vote: ' AYES: NOES: ABSTAIN: ABSENT: ATTEST: Fred Schneiter, Mayor City Clerk By: Karen Yost, Deputy City Clerk s:\u\ords96\trailer May 9, 1996 2 ITEM NO. 1Od DATE: May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ACCEPTING CERTAIN REAL PROPERTIES FROM THE UKIAH REDEVELOPMENT AGENCY Section 33445 of the Community Redevelopment Law authorizes the Redevelopment Agency to purchase and improve properties that are, or will be, publicly owned, including construction of buildings and facilities, with the consent of the City Council. In providing their consent the Council must make the following findings: . The land and/or building must benefit the project area; No other reasonable means of financing the projects are available to the community; and Payment of increment funds will assist in the elimination of one or more blighting conditions in the project area. In addition to these findings the City must agree not to sell the property unless complying with Section 33433 of the Redevelopment Law, which requires a public hearing process, publication of special rePorts, and the adoption of a resolution finding that the sale will assist in the elimination of blight. Three public improvement projects have been completed by the Agency which now require conveyance of ownership to the City. As these projects will remain publicly owned, adoption of the appropriate resolution including findings is required. (Continued on Page 2) RECOMMENDED ACTION: Adopt Resolution Accepting Certain Properties from the Ukiah Redevelopment Agency ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine adoption of Resolution is inappropriate at this time and deny request. 2. Determine adoption of Resolution requires revision and adopt as revised. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: 1. Acct. No.: (if budgeted) Larry DeKnoblough, Assistant Redevelopment Director Candace Horsley, City Manager Resolution 4/Id:ASRCon Candace Horsley,Ci~ Manager The properties being conveyed to the City are AP #002-261-09 which is the site occupied by the Conference Center, AP #002-262-04, and 05 which was utilized for the Oak Street parking expansion, and 002-265-08 which is the Site of Thomas Plaza. Staff has provided the required findings within the Draft Resolution as defined in Section 33445 and believes conveyance of the subject properties is appropriate at this time. Staff, therefore, recommends adoption of the resolution. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ACCEPTING CERTAIN REAL PROPERTIES FROM THE UKIAH REDEVELOPMENT AGENCY WHEREAS, the Ukiah Redevelopment Agency has purchased certain real properties, more specifically identified as Assessor Parcel No's. 002-261-09, 002-262-04 and 05, and 002-265-08 and illustrated in attached Exhibit "A"; and WHEREAS, the Ukiah Redevelopment Agency has completed public improvements on these properties, specifically: The Ukiah Valley Conference Center, off-street public parking facility expansion, and Alex R. Thomas, Jr., Plaza; and WHEREAS, having completed said improvements in compliance with Health and Safety Code provisions, the Redevelopment Agency wishes to convey the properties described herein to the City of Ukiah; and WHEREAS, the City Council of the City of Ukiah wishes to accept the properties through resolution adoption and thereby makes the following findings in accordance with Health and Safety Code Section 33445: 1. The public improvements will benefit the Redevelopment Project Area through additional public resources and increased economic activities. 2. Th'e Redevelopment Agency was established for the purpose of creating the financing mechanism for completing such public improvements as identified herein. The use of Redevelopment funds for these projects will assist in the elimination of physical, economic, and social blight through the reconstruction and occupancy of vacant buildings, increased public parking, and development of vacant and 3, contaminated properties in the downtown core. NOW, THEREFORE, the City Council of the City of Ukiah does hereby resolve to accept ownership of Assessor Parcel No's. 002-261-09, 002-262-04 and 05, and 002-265-08 from the Ukiah Redevelopment Agency. PASSED AND ADOPTED this 15th day of May, 1996 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Karen Yoast, Deputy City Clerk 4:Res :Convey. Cit Exhibit A ITEM NO. 10e DATE: May 15, 1996 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF CITY/CHAMBER OF COMMERCE ACTIVITIES In the last year, the Chamber of Commerce has spent a great deal of time and effort to evaluate their organization and the needs of the business community. In doing so, they have restructured and streamlined their function and processes to better meet the needs of their membership. As part of the evaluation process, they are also reevaluating their' relationship and long-standing private-public partnership with the City of Ukiah. During the Budget session, the Council will once again be considering the Chamber's request for funding. Before that time it would be appropriate for the Council to discuss the various Chamber functions that are high priority to the Council and which are targeted areas for future funding. The City has helped fund special events such as the Fourth of July and Country PumpkinFest; tourism--information distribution and assistance; and economic development services including coordination between the City and Chamber's Economic Development Committee. The Chamber of Commerce Board is interested in receiving information from the City Council on how they can continue to improve the City/Chamber relationship and service programs, thus effectively planning for the next fiscal year. Staff requests Council discuss this matter and express their desires and expectations for the Greater Ukiah Chamber of Commerce. RECOMMENDED ACTION: Council discussion regarding continued City/Chamber relationship. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine discussions are not necessary at this time. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. None. Chamber of Commerce Acct. No.: (if budgeted) Candace Horsley, City Manager APPROVED: (~j ~.~. ' da~daci~ Hors!ey, tity ASRChamber Manager AGENDA SUMMARY REPORT Item No. 10f Date: Ma_v 15. 1996 SUBJECT: AWARD OF BID FOR ANNUAL DIESEL FUEL PRODUCTS AT VARIOUS LOCATIONS OF CITY FACILITIES Bids were solicited for the annual diesel fuel products to provide fuel on a "keep full" basis for the above ground tank at the Landfill (caterpillar, scraper, compactor, and related equipment) and on a "as needed" basis for the various above ground tanks d at the Sewer and Water Treatment Plants, Well #4, and the generator located at the Civic Center. The approximate annual gallonage is 27,000 which equates to a cost of $18,450. Four bids were sent out and four bids were retumed to the City at the April 23, 1996 bid opening. The bid package states an annual estimated quantity for the diesel fuel and asks the vendor to use the OPIS (Oil Price Information Service) San Francisco average price confirmed through March 14, 1996, plus their dealer mark-up (See attached tabulation sheeo. We have three suppliers quoting their mark-up as $. 10 per gallon. We have reviewed the Certificates of Insurance provided by the suppliers with the "tie" bids. All three meet or exceed our insurance requirements. Re-soliciting bids will put the City without a contract for a longer duration of time, the current contract with Rinehart Oil, lnc expired 5/2/96. Calling for quotes each time for fuel delivery would eliminate the "keep full" basis that we have at the Landfill and other small delivery quantity sites. This would create timely delivery problems and result in higher prices for these locations as the deliveries would not be part of the supplier's routine delivery schedule. Pursuant to Section 1521, (G) of the City of Ukiah Municipal Code, in the event of tied bids, the City Council may at its discretion accept the provider it chooses if the unit price, quality, and service are equal, and if the public interest will not permit the delay of re-advertising for bids. This is the case in this situation. There is no clear difference between the bidders and thus the City Council may select whichever bidder they desire by whatever means they choose. Staff's recommendation would be to continue with Rinehart Oil, Inc. as they have been a satisfactory supplier for the past three years. RECOMMENDED ACTION: Award bid for annual diesel fuel products at various locations of City facilities to Rinehart Oil, Inc. in the amount of unit mark-up price of $. 10 per gallon over weekly OPIS Base for San Francisco Bay area. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine award should be made to other vendor, identify company, and award bid to specified provider. 2. Reject all bids and direct Staff to re-advertise and re-solicit bids. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Nora Kennedy, Purchasing Warehouse Supervisor Coordinated with: Candace Horsley, City Manager and Mike Harris Assistant City Manager Attachments: 1. Bid Tabulation, 2. General Information 3. Section 1521 (G)gf~e Ukiah City Code APPROVED: Acct. No.: 575-5801-450 o~ Z 0 o o o z ~'~ ~ ~ 0-1~ 0 ~0~ o ~ OO 0 ~ ~ --- ~ ~ ~ ~ .- EEo > E ~ oO~ ~ E d ~ ~ ~ .~ ~ ~ '-- GENERAL INFORMATION ON PRIOR ANNUAL CONTRACTS FOR PETROLEUM PRODUCTS Please note that in prior years, ('95,'94,), staffhas requested bids for Petroleum Products to include: Regular Unleaded, Unlead Plus, Diesel - Clear and Diesel - Red Dye. The award was based on the lowest overall bid of all the petroleum products. This is the first year diesel only has been solicited. Bid opening: 4/18/95 - Awarded to: RINEHART OIL Bid opening: 4/12/94 - Awarded to: RINEHART OIL Bid opening: 3/23/93 - Awarded to: RINEHART OIL On 5/3/95 On 4/20/94 On 4/7/93 DIESEL MARK-UPS EEL RIVER FUELS LIGHTEL PETROLEUM REDWOOD OIL CO. RINEHART OIL CO. * Diesel Fuel No. 2 ( Red Dye) not requested. 4/18/95 4/12/94 *3/23/93 .O9 .26 N/A · 0875 N/B N/A · 10 .098 N/A .10 .10 N/A §1521 E) F. G. H. §1521 2. Whether the bidder can Pedorm the contract, or provide the service promptly or within the time specified,-without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; . 4. The previous and existing compliance by the bidder with laws and ordinance relating to the contract of service; 5. The quality of performance of previous contracts of service; 6. The sufficiency of financial resources and ability of bidder to perform the contract or provide the service; 7. The quality, availability and adaptability of the supplies, or contractual services to the particular use required; 8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 9. The number and scope of conditions attached to the bid. Award to Other Than Low Bidder: When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the agent and filed with the other papers relating to the transaction. .Tie Bids: If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening. Performance Bonds: The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find ' reasonably necessary to protect the best interests of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. Bidders in Default to City: The agent shall not accept the bid of a contractor or supplier who is in default on the payment of taxes, licenses or other monies due the City. (Ord. 667, {}2, adopted 1975) 1057