HomeMy WebLinkAboutStaff Report 9 03/19/2001 CITY OF PETALUMA, CALIFORNIA 9
• AGENDA •BILL
01 Agenda. Title: Discussion and Possible Action Authorizing the Meeting Date:
) City Manager to Enter into an Agreement with Mardel LLC
_Regarding the Adobe Creek Weir(and Diversion Channel. March 19, 2001 •
Department: Director:. Contact Person: ' Phone Number: .
Community Mike Moor , Mike Moore '778-4301
Development
Cost of Proposal:.$0.00 Account Number: N/A
Amount Budgeted: $0.00 Name of Fund: N/A
Attachments toAgenda Packet'Item:
1) Drafr.Agreement wI Exhibits _
Summary Statement:
Mardel, LLC, the developer of the.Cross Creek subdivision at the,northeast corner of Casa Grande
Road and Ely Blvd., was required by condition of project.approval to receive a Letter of Map Revision
(LOMR) from the Federal Emergency Management Agency (FEMA) prior to the City issuing building
permits for the remaining 12 ,lots in the subdivision. A Letter of.Map Revision officially changes the
boundary of the 100-year flood plain and in this case, would remove the subject 12 lots from an area
designated:as 100-year flood plain on the City's Flood'Insurance Rate Maps.'The,application to.FEMA
for the Letter of Map Revision was based on the design of a.:weir and diversion channel located on the
south side_of Casa Grande Road:(on'the property of the Adobe Creek Golf:Course) and adjacent to the
main channel of Adobe Creek. On September 7, 2000, FEMA issued a Letter of Map Revision for the 12-
W. lot area of the Cross Creek subdivision., FEMA regulations provide for a 90-day appeal period
commencing from the date that the official public notice of the LOMR appears in the local newspaper.
- The appeal period formally ended on January 2, 2001. On December 18, 2000, the City Council directed
staff to file an appeal of FEMA's determination to issue the LOMP. based on the absence of a long-term
maintenance and operation plan for the weir and diversion channel. An appeal letter was sent on •
December 22, 2000.
Since October of.last year;, the:City has been negotiating,with representatives of Mardel, LLC to
address the two outstanding concerns relative to the weir and diversion channel: the lack of a long-term
maintenance and operation plan and finding,to support those efforts and, the potential for violations of
the federal Endangered Species Act resulting ,from.Steelhead. Trout being stranded m the diversion
channel. The attached agreement represents the outcome' of those negotiations and provides for the
creation of a long-term funding source for the maintenance and operation of the weir and diversion
channel and for improvements to the maim channel of:Adobe Creek, upstream of the weir and diversion
channel, in order to improve thee effectiveness of that facility and lessening the possibility that migrating
Steelhead Trout would become stranded in the diversionchannel:. -
Council Priority: THIS AGENDA ITEM IS CONSIDERED To BE PARTkOF,,OR NECESSARY TO, ONE OR
MORE OF THE..1999-2000 PRIORITIES ESTABLISHED BY THE CI'T'Y COUNCIL ON JANUARY 30, 1999
AND MARCH 18, 2000.
• Priority(s):'N/A
Recommended City Council Action/Suggested Motion:
Authorize the.City Manager to:execute;the agreement.
Reviewed by Finance Director:.. `Reviewed•bv City Attorney: Approved by City Manager:
• Date: Date: / • Date:
Today's.Date: .. Revision # and Date Revised: File Code: .
March 9, 2001 ` #
CITY OF PETALUMAj CALIFORNIA
MARex 19, 2001
•?i • AGENDA REPORT
• FOR `
DISCUSSION AND POSSIBLE ACTION AUTHORIZING IRE CITY MANAGER TO ENTER INTO
AN"AGREEMENT WITH MARDEL•LLC REGARDING THE,ADOBE CREEK WEIR AND
DIVERSION CHANNEL
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1. - EXECUTIVE SUMMARY:
The attached agreement'is the result of several months of negotiations between representatives of Mardel, LLC,
the developer of the Cross Creek subdivision:and the City: The agreement is intended to address City concerns
about the lack of a long-term maintenance and operation plan for the••Adobe Creek weir and diversion channel
and funding.for that plan, and potential°l exposure to violations of the federal:Endangered Species Act resulting
from,Steelhead Trout:becoming stranded in the-diversion channel. Under theeterms of the agreement the City is
required to establish a Mello-Roos special tax to he charged to the owners.of the 12 remaining lots, which will
establish the long-term f inding mechanism for on-going maintenance and monitoring of the weir and diversion
channel (as the sole owner of those properties at this time,Mardel,LLC agrees to participate in the creation of
that special tax); issue the building permits"for those(12 remaining lots;:and withdraw its appeal to FEMA of the
Letter of Map Revision(LOMB). Mardel, LLC will pay for permits for and plans and construction of proposed
improvements to the main channel of Adobe'Creek,:upstream of the weir and diversion channel, to improve the
effectiveness of the weir and•reduce the potential for stranding Steelhead Trout,in the diversion channel. The
City-arid Mardel will work cooperatively to obtain;a construction easement on the property of Adobe Creek
olf Course for the purpose,of gaining access for maintenance of the wtr and diversion channel and to do the
—)oposed work in the main channel of Adobe:Creek.
2. BACKGROUND: - - •
Mardel, LLC, the developer of the Cross Creek subdivision at-the northeast corner of Casa Grande Road and
- Ely Blvd., was required by condition of project approval to receive a Letter of Map Revision (LOMR) from the
Federal Emergency Management Agency (FEMA) prior to the City issuing building permits for the remaining
- 12 lots in the subdivision. A Letter of Map Revision officially changes the=boundary of the 100-year flood plain -
and m this case, would remove the.subject 12,lots from an area designated as 100-year flood plain on the City's
Flood Insurance Rate Maps: The.application to FEMA for the Letter of Map Revision was based on the design.
of a weir and diversion channel located;on the south side of Casa Grande Road (on the property of the Adobe
Creek Golf Course) and adjacent to•the main channel of Adobe Creek. On September 7, 2000, FEMA issued a
Letter of Map Revision-for the 12-lot area of the Cross'Creeksubdivision. FEMA regulations provide for a 90-
day appeal period commencing from the date that the official public notice of the LOMR appears in the local
newspaper. The appeal period formally ended on January 2, 2001: On December 18, 2000, the City Council
directed staff to file an appeal of'FEMA'.s determination to issue the LOMB based on the absence of a long-
term maintenance and operation,plan for-the weir and diversion channel.
The proposed agreement is the result of negotiations that started in October between the City and Mardel- Those
negotiations have evolved into the-proposed terms contained in'the attached draft agreement. In summary, they
require the following:
O Mardel agrees to participate in,thecreation of a Mello-Roos special tax that will provide a long-term
funding source for the maintenance and monitoring of the weir and diversion channel. The special tax
will be created by the City through a process somewhat similar to the creation of an assessment district.
It will only be applied to the 12 remaining lots in.the Cross Creek subdivision. The costs of setting up
and administering the special tax can be built into the:amount of the tax, so the costs to the City will be
minimal.: The amount of the tax will be based on a monitoring and maintenance plan that'still needs to
bedeveloped.
• Mardel agrees pay all-costs(penults, plans, construction costs, etc.) associated with the work requiredin
the main channel of Adobe Creek, upstream:.of the weir and diversion channel, to improve• the
effectiveness of that facility and reduce the potential for the easternmost box culvert under Casa Grand
m
Road to become blocked by rocks and debris carried by the creek during a storm. The improvements Mir
the .main channel =were based on meetings•in the field between City staff; Mardel and representatives •
from theNational Marine Fisheries.Service (NMFS)' The City would be}responsible for securing all of
the necessary permits to 'do the work in the channel. We are currently working,With NMFS, staff to
determine:the••,required permits.
•
•• The City agrees to issue the 12 building permits to Mardel within 2 business.days of posting the bonds
for the worlein the creek channel. •
• The City agrees:to withdraw its•appeal,to 1'.±MA.of the,LOMB. within 5•business days after posting the
•bonds for the in"the creek channel. ,
• Mardel agrees to:deposit $50;000 with the Cityprior°to the issuanteLof certificates of occupancy for-the
6th-through the 12th units in the Cross Creek,,subdivision. In the event that the City cannot acquire the
permits necessary to complete the proposed work.in the main channel, the City agrees to release all,.
.• bonds and the $50,000 shall be used for a maintenance fund for the box culvert under Casa'Grande
Road. • . . . .
• Mardel agrees to'deposit $60,000 for a fund for the replacement:of the weir and<diversion channel in the '
. event they are severely damaged. .
o Mardel agrees that some portion of the $30,000 already on deposit for the monitoring. and maintenance
' • • of the main,channel: of Adobe Creek may be used for any similar•costs associated with .
the proposed -i,;
work upstream of the weir•and;diversion:channel
o Mardel agrees to ,meet the specified requirements of the National Marine Fisheries .Service`. (NMFS)
identified m the body of the agreement. '
• Mardel and,`City agree to work cooperatively tasecure a construction easement°on the Adobe:Creekgo
course property and in the event that failS, Mardel agrees to pay all costs associated•with the City
initiating eminent domaiii-proceedings and will post a $20,000 bond toward those obligations.
3: ALTERNATIVES:
The Council could.alter the terms;of the_agreement; however, because this comes at time:when the;usual
mechanisms by which these issues might otherwise be resolved (through project conditions ofapproval or
environmental mitigations),have passed,there is limited discretion on both sides as to how szanificantlyterms
could be changed to;be "more•favorable" to^one side or the other. ThexCity Attorneyparticipated in the final ,
round of negotiations and review of the draft agreement that now,before the Council. The Council could also
• reject the agreement, however,that does not prevent Mardel'from building the remaining 12 homes. Ata
meeting with FEMA staff on March 1,:2001, they indicated,that neither the appeal the;Citynor the appealof
. NMFS met the requirements for withholding the LOMR:and that the LOMR Would be'issued. -
4. FINANCIAL:TMPACTS: , .
The creation of the'Mello-Roos special tax on:the=remaining 12 lots is intended:to address the costs to the'City'
for long-term maintenance and monitoring of the weir and.diversion•channel. Other costs associated with the
improvements to‘the main channel of Adobe'Creek will, accordingto the agreement,,be,absorbed'by:Mardel. If
Mardel is unable to perform`the'work in'the creek channel, they agree to deposit $50,000 With the City to cover
• the costs of extraordinary"periodictmaintenance of the box culvert'bores.
. 5. CONCLUSION:
Mardel has been a'willing and_responsive participant in these negotiations and has worked with
•
• Councilmembers,and"staff since last October to address the'Cityconcerns regarding the weir and diversion=
• channel and its potential impacts. This agreement+represents a reasonable resolution-of these issues:_
_
6. OUTCOMES OR PERFORMANCE'MEASUREMENTS'T iAT WILL IDENTIFY SUCCESS OR COMPLETION:
The agreement establishes specific d atesby which certain actions must occur. It also establishes financial
responsibility for required actions.
t RECOMMENDATION:
Approve the terms of the agreement and authorize the City Manager to sign'the agreement on behalf of the City
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AGREEMENT REGARDING WEIR,AND DIVERSION CHANNEL
MARDELL LLC, a..California limited liability compahy, ("Mardel !) and the
CITY OF PETALUMA, a California charter city ("City") make this agreement
on , 2001 .
•
Recitals • - •
A. In about 1990, the-City of Petalurric approved a subdivision-of what is •
now known as Adobe Creek"Golf Course and related housing
development ("the golf course-property'). As a condition of approval -
City.imposed on the developer a requirement to construct a weir and
diversion channel adjacent to the bores under Casa Grande Road at,the.
easterly crossing of Adobe Creek ("the crossing"). In 1990,the developer •
' prepared,`and the City approved, plans and specificationslfor: the weir
and diversion channel.
•
B. In "1995, the City of Petaluma approved the tentative map for Cross
Creek Subdivision at Mardel's request One of the conditions of approval
required Mardel to construct the weir and diversion channel according to
the approved,plans and specifications if the developers Of the golf course
propery'did not.
C. Developers of the golf course;property did not install the weir and
diversion channel as required.
•
D. In 1997-98, Mardel installed the weir and diversion channel according .•
• to the,approved plans and specifications. Subsequently, at the City's-
request and with the involvement and;'approval of the City and
appropriate agencies, Mardel modified theweir and diversion channel..
E. Mardel advised City that, although in Mardel's opinion Mardel hasno
obligation tondo so, Mardel would contribute to a fund to.maintain,of the
weir and diversion channel at the crossing.
F. City, after consulting with-the National Madne'Fisheries Service, has,
advised Mardel that City desires instead to make changes.in the course of
Adobe reek. ivardel desires to comply with City's request.
- Actions.
030701. .1
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Therefore, City and Mardel agree as follows:
1 . Regarding the weir and bypass channel, the parties agree as follows:'
A. City agrees it shall have sole responsibility to maintain and repair
the'weir and bypass;channel: In order to assist City to fund its obligation
under this subparagraph,.Mardel agrees to cooperate fully with the City
to create a special tax district-(under the Mello-Roos Facilities Act of 1982
or a similar charter city special tax procedure of the City, as determined
by'the City) including the 12 lots described;in Exhibit A hereto, provided:
i. City shall use the special tax solely for themaintenance of the weir
and bypass channel on Adobe Creek, which. maintenance shall occur
annually or at such other interval as deemed appropriate by the City for
adequate preservation of the weir and channel.
H. the initial special tax shall not exceed the amount of $635.00 per
lot per year; the special:tax shall be levied commencing in the fiscal year
2001-2002; it shall increase,(but not decrease),thereafter at the rate of the
Consumer Price IndewforSan Francisco/Oakland/San Jose area (all urban -
consumers); and, unless otherwise specified by the City, it shall be
collected on the property tax,rolls<of the County of Sonoma.
iii. Mardel shall complete, execute and file such petitions, ballots,
and other documents,as'are required by the City to,complete the
• successful creation of the special tax district not later than August 1 , 2001
iv. Mardel agrees to pay all costs of creating the special tax district -
and agrees to be solely responsible for the disclosure of the special tax
obligation to any initial purchasers of the 12 lots.
v. provided City establishes•therspecial tax district on or before
August 1, 2001, as part of the proceedings for the special tax district, a)
City and Mardel agree to cause to be recorded against the title to each
of the 12 lots an,appropriate notice of-special tax lien,which recording
shall take place not less than 10 days before the close'of any escrow
between Mardel and any third party, notice of which escrow closing •
Mardel shall give to City at least 15 days'before,the anticipated date of
closing, and b) Mardel agrees that no escrow closing shall occur until the
establishment of the special tax and the special tax lien has been
recorded -
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vi. if City fails to create•the special tax on•or before August 1 , 2001 ,
• Mardel's obligation under this paragraph 1 .A. shall terminate but the other
provisions of this Agreement shall remain in full force and effect.
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030701 2' •
B. City agrees it shall have sole responsibility to replace or repair the
weir and bypass channel in the event of a catastrophic event. City shall
immediately create a fund or account',.;not subject to the demands of the
City's general fund, for that,purpose. In order to assist City to fund its
obligation Mardel agrees to pay into that fund the sum of $5,000.00 for
each of the dwellings described in;Exhibit A, payable when the City issues
a certificate of occupancy fora particular dwelling. Mardel's total
obligation under this paragraph shall be $60000.00. City shall use interest-
accruing tothe City from funds Mardel deposits under this paragraph only
for the.purpbses,described above:
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C. City and Mardel agree'to work cooperatively to obtain a
maintenance easement for the benefit of City over the property
described:in Exhibit. B. The easements_shall'be in the form shown in Exhibit .
• C. ..If Mardel and City fail to obtain'the easement describedabove.on.or
before June 1,,2001 , City shall promptly commence and pursue to
completion eminent domain proceedings to acquirethe'easement:
described above. Mardel agrees to pay all costs of the proceedings, -
including attorney fees incurred;:by City, and to pay the price forthe •
easement established by or through the Sonoma County Superior Court,
or by separate:negotiations City agrees to assert in the eminent domain
proceedings.any rights it may havearising out of conditions•of approval • •
associated with development of lands'affected by the easement!
described above. Within ten (10) days after the parties execute this
Agreement, Mardel'shalt post a cash bond in the amount of:$20,000.00'i for
the,purpos&or securing Mardel's obligations under this°subparagraph. The
total deposits under this subparagraph and subparagraph 2.G. shall not
exceed $20,000.00.
2. A; Mardel and City agree to work with the National Marine Fisheries . :
Service ("NMFS`;)`to return the main channel of Adobe Creek to the
Creek's approximate former course for approximately 100 yards
immediately upstream from the-weir and diversion channel. Exhibit D
shows:the approximate'former course of Adobe Creek in the,affected
area Exhibit.'E is a construction plan showing the scope of work that
Mardel shall undertake ("the scope of work"). Provided City obtains all the
permits and permissions described below, Mardel agrees to perform and
pay for all work necessary to complete thescope of work. Mardel's work
under this paragraph shall be complete when the City's Director of
Community Development issues a letter to that effect. The Director shall
not unreasonably withhold his`letter of completion.
03D701 3 •
B. As a.condition precedent torityissuing;its sixth (61h) through
• twelfth certificate of occupancy for dwellings completed by Mardel,
Mardel shall deposit with City:the sum of$50,000.00. If the City notifies
Mardel in writing that City cannot obtain the permits and permission or
easements'described_in,Section:2.C. within the time permitted in
paragraph 2.C., City shall
i. release all the bonds described in Section 4; and
ii. release Mardel from any obligation arising out of Section
2.A. in writing; whereupon Mardel shall release any claims it may
have on its deposit and City shall have the right to establish a
special fund, using the $50,000.00 Mardel deposited, plus interest
that accrues, for the==sole purpose of maintaining and cleaning the
improvements described in Recital D and the culverts adjacent to
those improvements. If City obtains the permits and permissions or
easements within the time allowed and Mardel completes the
improvements described,in Section 2.A., City shall return the
$50,000.00 deposit, plus interest that has accrued, at the-same time
as City's Directorof Community Development,issues his letter of
completion. Completion of the improvements described in Section
2.A. or Mardel's release of the deposit under this subparagraph shall
constitute full performance of Mardel's obligations under Section
2.A.
C. City agrees to obtain on or before July 1 , 2004, a) all permits for-
, the work described in paragraph 2. A. from all-public agencies required
by law and b) permission or easements from.owners of the land on which
Mardel will perform the work described in paragraph 2. A. Mardel shall
not commence work until City obtains all permits required by law and
permission'from all the owners. Mardel shall pay all,costs associated with
obtaining permits from public agencies. The term ''all permits for the work
described in paragraph.2. A. from all public.agencies required by law"
means the permits Citys Director of Community Development determines
to be necessary. City shall be solely responsible to determine whether it
has obtained all necessary permits and permission or easements. City
agrees to indemnify and hold Mardel harmless from all claims, penalties,
damages, fines, costs, and any other consequence, including attorney
fees and costs;Mardel incurs to defend itself, resulting from City's negligent
or intentional direction to Mardel to proceed on improvements described
in this paragraph.without City first obtaining all necessary permits and
permission.
D. Within 10 businessdays after the parties execute this Agreement,
Mardel shall post with City the following:
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i. a perfocrnance bond-inlhe amount of$60,00040 in or form
acceptable to the City Attorney securing Mardel's obligation described in •,
paragraph 2.
ii. a labor and materials bond in the amount•of $30,000.00 securing
Mardel's obligation to pay for labor and:materials-necessary to,complete
thescope of work:
By their terms;:the bonds shall expire on upon 1 ) completion of the work
described the scope of work or 2) Mardel's funds deposited pursuant-to
paragraph 2`B. are released to City as provided in paragraph 2.B. City's
Director of Community Development shall release the bonds described in
subparagraphs A and B within 10 business days•after he issues'the letter of
• completion described in paragraph 2;
•
• - E. City and Mardel agreeeto work cooperatively to obtain a.."
construction easement and a maintenance easement the benefit of
• City over the property described in Exhibit F. The easements shall be.in the
form shown:in Exhibit C: If Mardel'andtity fail to obtain the easements'
described above on or before.June 1, 2001 , City shall promptly'
.- commence-and pursue::to completion:eminent domain proceedings to
acquire the easements,described above. Mardel agreesto pay all costs
of the eminent'domain proceedings,'including attorney fees incurred by.
City, abaft) pay the price for the easements,established by or through the
Sonoma CountySuperior Court, or by separate,negotiations. City agrees _
to.assert in:the proceedings any rights itMay have arising out of:'
conditions of'approval associated with development of lands affected by
the easenients'described above. Within ten (10) days after.the parties -
-:execute this Agreement, Mardel shall post a cash bond in the amount of .
$20,000:00 for the purpose ofsecunng`Mardel's obligations underthis
subparagraph. The total deposits under subparagraph and
subparagraph T.C. shall not exceed $20,000.00.
F Mardel agrees that City may funds that Mardel previously
deposited in the Adobe Creek Monitoring and:Maintenance Fund for
maintenance and monitoring of the Work described in the scope of work.
Marcie) shall not have any obligation to'perform or pay for monitoring°ior
maintenance'of the work-described•:in'the"scope Of worktr'in Recital D.
G. The National Marine Fisheries has requested, and Mardel.agrees
to perform, the'following.
i) Plant riparian vegetation in the riprap described in the
plans (top of bank). •
030701 5 -
A A -
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ii) Install'recording;gauge,forwater surface elevation near
the weir.
ill) Limit construction in-the creek to between 6/15 and 10/1.5.
iv) With.the City's,permission, to permit money collected by •
the City of Petaluma under a Mello-Roos special tax to be expended for
maintaining the weir/diversion channel and maintaining the work
described in the plans. Mardel has already agreed to permit the City to
use for that same purpose the$30,000:00 fund Mardel previously
deposited with the City of'Petaluma.
• v) Perform all work in the creek according to the Flowline •
Relocation attached.hereta'as Exhibit E, subject to reasonable plan
check modifications approved by the permitting agencies:
3. City agrees to issue building permits to Mardel for constructing
residences on the 12 lots described in. Exhibit A within 2 business days after .
FEMA issues the LOMR describedin Exhibit G and Mardel posts the bond
described in paragraph 2.D. City agrees that Mardel shall be entitled to
commence and complete:construction of the 1,2'residences upon receipt
of the building permits,provided that Mardel has satisfied all of the City's
usual and customary requirements>associated with issuance of building
permits. City agrees to issue certificates of occupancy for the 12
residences after Mardel reasonably requests them. City agrees not to
withhold certificates,of occupancy unreasonably, except City may
withhold the sixth (6th)through twelfth(12th) certificate of occupancy
requested by Mardel until Mardel and City obtain-the easements
described in this Agreement or°City-obtains orders of possession. - •
4. City agrees that within 5:business'days after Mardel posts the
performance bond and labor and materials bond; Cityy will
unconditionally withdraw in writing any and all appeals it may have filed
with the.Federal Emergency Management Agency `("FEMA") regarding
the Letter of Map Revision described'in the notice attached hereto as
• Exhibit G (the LOMR"). -
5. Mardel hereby covenants and agrees to; and shall,
indemnify, save harmless and defend, the City, its agents
and/or employees against all claims, demands, costs, and
liabilities for damages of any kind or nature including, but not
• limited to damages for death or injury to any person
(including Mardel's employees and agents) or damage or
destruction to any property of either party hereto:or third
030701 6
persons in any mariner arising out of or occasioned by •
Mardel's performance of its obligations pursuant to this II
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Agreement whether or not contributed to any act or
omission, active ornegligent, orotherwis.e, except for the . .
activesole negligence or willful misconduct of the City or the
City's employees., The City may retain so much of the money
due Mardel as shall be considered necessary; until disposition . '
has been made of claims or suits for damages as aforesaid..
6. Mardel shall procure and maintain for the duration of the ` •
contract insurance against claims for injuries to persons or
damages to property which may arise-Ram or in connection
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with the performance of the work hereun der by Mardel, his
agents, representatives,"employees orsubcontractors.. •
A. Minimum Scope Of Insurance. -
Coverage`shall be at leastas broad as .
(1 ) Insurance Services Office
Commercial General Liability coverage
- . (occurrence from CG 0001)
(2). Insurance Services Office form
number CA 0001 '(Ed. 1/87) covering Automobile
Liability, code-1 (any auto).
- , (3) Workers' Compensation insurance as
required by the State of California and . : • ,
Employer's Liability. Insurance.
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" B. Minimum Limits of Insurance. -
Mardel:.shall maintain limits no less than:
" (1) General Liability: $1,000,000 per , .
occurrence for bodily injury, personal injury and
. property damage ;If Commercial General
. Liability-Insurance or other form with a general
• aggregate liabilityis used,.either the general -
aggregate limit shall applyseparatelyto this
project%location,or the general aggregate limit •
shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per-
. • accident-for bodily injuryand property damage:
(3): . Employer's Liability: $1 ,000,000 per
accident for bodily injuryor'disease.
C. Deductibles and Self Insured Retentions. •
• Any deductibles ior self insured retentions must be is
declared to and approved bythe City. At the option of the .
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City, either: the insurer.shall reduce°or,eliminate such
deductibles or self-insured retentions as respects the City, its .
T officers, officials, employees, and volunteers; or Mardel shall _
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions.
The general liability and automobile policies are to
contain, or be endorsed to contain, the following provisions:
(1 ) The City, its officers, officials,
employees, agents and volunteers are to be
covered as insureds as respects: .liability arising
out of activities performed by or on behalf of
Mardel; products and completed operations of
Mardel; premises owned, occupied or used by
Mardel; or automobiles owned, leased, hired or
borrowed by Mardel. The.coverage'shall contain
no special limitations on the scope of protection
afforded to the City its officers, officials,
employees, agents orvoliinteers. Coverage shall
not extend to any indemnity coverage for the
active negligence of the additional insured in
any case where an agreement to indemnify the
additional insured would be invalid under
subdivision. (b) of section 2782 of the Civil Code.
(2) For any claims related:to this project,
Mardel's insurance coverage shall be primary
insurance as respects the City, its officers, •
officials, employees, agents and volunteers:. Any
insurance or self-insurance maintained by the .
City, its officials, employees, agents or
• volunteers shall;be excess of Mardel's insurance
and shall not contribute with it:
(3) Any failure to comply with reporting
or other provisions of the policies including _
breaches of warranties shall not affect coverage
provided to the City, its officers, officials,
employees; agents or volunteers.
(4) .Mardel's insurance shall apply
separately to each insured against whom claim is
made or suit'is brought except; with respect to
the limits of the insurer's liability.
411 (5) Each insurance policy'required by
this clause shall be endorsed to state that
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cov.erage::shall,not be suspended, voided,
cancelled,by either party,reduced'in coverage
or in limits except after thirty (30) days' prior to
written notice by certified`naill, return receipt
requested, has been given to the City.
E. Acceptability of Insurers. •
Insurance is to be placed with`insurers with a current
A.M. Best's rating of no less than'A:VII.
F. Verification-of Coverage."
Mardel shall:furnish the City with original endorsements
effecting coverage required by this clause. The
endorsements are to be signed by person authorized by' •
that insurer to bind.coverage,.on its behalf. The endorsements
are to be on forms provided by the City. All endorsements -
are to be received and approved by the City before work
•
commences. As an alternative to the City's forms, Mardel's
insurer may provide complete, certified copies of all required
. insurance policies, including endorsements effecting the
coverage required by these specifications:
1 _
G. Subcontractors:
Mardel shall include all subcontractors as insureds +• •
under its policies or shall furnish separate certificates and .
endorsements for each.subcontractor. All coverages for
subcontractorsshall be subject to all of the requirements
stated.(herein."
7. All notices, demands, requests, and exercises under this Agreement by .
• • either party shall be hand delivered or sent by,United States mail, registered
or certified, postage prepaid, return receipt requested, by facsimile
transmission ("fax") providedfa,fax'shall;be effective only`if"the sender mails
a copy of thenotice postmarked not later--than the day following the fax
date, or overnight delivery,addressed:to.the other party as follows:
.Mardel : Mardel ,LLC
• 2552 Stanwell'Drive #203:
Concord, C A 94520
Attn:cDoyle Heaton
- Fax: 925 671 2277
City: - Director of Community Development
Post and English Streets •
Petaluma, CA 94952 . - '
030701 9
Fax: 7Q7.778 4498
. Notices, demands, requests, and•,exercises served as required above shall
be considered sufficientlygiven:or served tor all purposes under this
Agreement at the time the notice, demand, or request is hand delivered or
postmarked to the addresses shown above.
8. This instrument constitutes the entire agreement between the parties
regarding its subject matter. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement shall have no
force or effect; Any amendment to this Agreement shall have no force or
effect unless it is in writing and signed by all the parties. •
9. In any action or proceeding to interpret or enforce this Agreement,
the losing party shall pay the prevailing party's actual attorneys' fees, costs,
and expenses incurred, including costs of enforcement, in addition to any
other relief granted. This paragraph shall apply also to resolution of an
action or proceeding bymediation, arbitration, or negotiated settlement.
10. This Agreement binds and inures to the benefit of the parties and their
elected and appointed officials; heirs, personal representatives, successors;
employees, subcontractors, shareholders, members, partners, agents, and
11, assigns.
11 . Each party and'his or its counsel have participated fully in the review
and revision of this Agreement:; Any rule of construction to the effect that
ambiguities are to be resolved`.against the drafting party shall not apply in
interpreting this Agreement
CITY OF PETALUMA ' • MARDEL LLC
Fred Stouder,.City Manager Doyle D. Heaton, Managing
Member - .
•
•
•
030701 10
•
LIST OF EXHIBITS
Exhibit A
Description of 12 Lots Affected by This'Agreement
Exhibit<B
Description of Maintenance Easement for Weir and Bypass Channel.
Exhibit C
Form Of'Easeh Tent
Exhibit D,
Former'Course.of Adobe Creek .
Construction'Plan/Scope of Work.
•
Exhibit F
• Description of'Construction and Maintenance Easements regarding Adobe
Creek
Exhibit G 40
NoticeRegarding LOMR
•
•
030701 1 ,1
• EXHIBIT A.
DESCRIPTION OF 1210TS.AFFECTED BY THIS AGREEMENT
•
•
•
•
•,
•
•
•
•
•
Fax:-707778 4498
Notices,demands, requests, and exercises served as required above shall
be considered sufficiently given or served,for all purposes under this
Agreement at-the time the notice, demand, or request is hand delivered or
postmarked to the addresses shown above.
8. This,instrument constitutes the entire agreement between the parties
regarding its subject matter. Any'prior agreements, promises,negotiations', .
or representations not expressly set forth;in this Agreement-shall haveno;
force or effect. Any amendment to this Agreement shall have no force or
effect unless itis in`writing and signed by all-the parties.
9. In anyaction or proceeding to interpret or enforce this Agreement,.
the losing party shall pay the prevailing party's actual attorneys' fees costs,
and expenses;incurred, including costsrof,enforcement, in addition to any
other relief granted. This aragraph'shall apply also to resolution of an •
action or proceeding by mediation, arbitration, or negotiatedisettlement., . �5
. 10. This Agreement binds and inures to the benefit.of the parties and their
elected and appointed officials,,heirs, personal representatives, successors,
employees, subcontractors, shareholders, members, partners, agents, and •.
assigns. .
11. Each party and his or its counsel have participated fully in the review -
' and revision of this Agreement_. Any rule of construction to the effect that.
ambiguities are to be,resolved against the drafting party shalt not applyin
interpreting this;Agreement. - •
CITY OF'PEfALUMA MARDEL LLC -
Fred Stouder,City Manager Doyle D. Heaton, Managing
. • Member
•
•
•
•
030701 10
) LIST OF EXHIBITS
Exhibit A
Description of 12 Lots Affected by This Agreement
Exhibit B •
Description of Maintenance Easement for Weir and Bypass Channel
- Exhibit C
Form of Easement
Exhibit D _
Former Course of Adobe Creek
Exhibit E'
Construction Plan/Scope of Work ..
Exhibit F
Description of Construction and,Maintenance Easements regarding Adobe
- Creek
•I •
` Exhibit G
Notice Regarding LOMR
•
•
IP
030701 1.1 -
EXHIBIT A
DESCRIPTION OF 1210TS AFFECTED BY THIS AGREEMENT
•
•
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• H .
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•
• •
• •
•
F PDM : GDDFRE! ENGINEERING PHD:-•E NO. : 727 7 5 555q= gJan 02 2001 11:1 a M P3
_ _ It
L \ 4 c, C t� t. a j 1 ► 1I. rg 1.L ' ' 1
''" a I / : n .Mfta I S NVtd141 a : . N 1 I
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6
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f I ! I
LuFj LAN I I - a , I j its ril A-
war
a
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— , �, � a PLC �— �j � Z ,; It
�...J , = 8 1 Nnd L m g
� __ f i I• N 13 Ill of
si
L b i �.atw �� I ,.� 1 •I O V,
SAN aSI. .` _ a. nc ",� —. � �. ,_ I • Dyu
me 1 •} PtAN z' Z - I ,l� re IN �. :::PLAN 4 1 A S 4.;I s a 1 fi e P r r ^!�+' • 2Z • ;`
g -- ssr
Y NV d
II ' I: 1 :Aa.,1._ 414 :1:1:114:11/
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avek
FLAN z aLAN �Is9' , , - .. {
e�k 'N r I 4}!1 II` P I4 c' f
It.
•
EXHIBIT B •
DESCRIPTION-OF MAINTENANCE EASEMENT
•
•
•
•
•
•
•
•
_ - EXHIBIT `A''
Adobe Creek'DiVersion Channel
O es
Accs and Maintenance„Easement -
.
• -
Being an easement for General Access and Maintenance ofekdobe Creek Diversion.Channel, . .
over a portion of the lands of JIG. Orbis Corporation as describedt,in that;deed recorded.under
Document No 1988 101027, OffciahRecords.of the County-of Sonoma and being more
particularly described as follows: .
Cornmercing at the most westerly corner of said lands of J G Orois Corporation, said point also
being the most northerly cotnerof:Parcel l as shown and delineated on Parcel Map No 7950,
_filed in Book 353 of Maps at Pages'36-39, Sonoma County Records;thence-from said Point of
Commencement, along the southeasterly;right of way of Casa Grande Road (100' right of way).
North.35°42'49° East 64.29 feet to the Point of Beginning of the parcel TO be herein described;
thence, from"said PONT OF BEGINNING, continuing along;the southeasterly right of way of
Casa Grande Road (100';right of way),North 35'42'49"`East 1918:98 feet; thence, leaving said
• southeasterly right of way, South 51°23 30"East 73.79 feet thence South 36°02'35” West
N
1914.89 feet;thence North 54°39'06 West 62.68 feet to the Point.of Beginning of the •
hereinabove described,parcel of land. • . .
. . Containing 130,717 Sq. Ft. (3100 Acres) of land. - . -
Basis of Bearings: Parcel Map No, 7950,.filed in Book 353 ofMaps'at Pages 36-39, Sonoma
- County Records • • -. - -
- ' - `End of Description
This description was preparedby:or under the direction of Ralph IL Thomas, PLS 4760
ci .
•
I
Ili CINQUrNI&-,P?:SSARJNO,.(NC:^• 1360..N,o. Ste. 150 Santa Rosa,CA 95401: • (707)542-6268
Much 2.2001
G150EIq?PI\cc9dEarzmmt E.nrni Adoa-.,. •
•
•
EXHIBIT A-1
• • •
ABBREVIATIONS - BASIS OF E3E'ARINGS
P.0 0 - POtNT OF 43ECINNINO " - PARCEL NAP NO 7950 FILED IN ROOK :43 OF MAPS PAS Xi-353. SONOMA COUNT( RECORDS
PC C - POINT OF COMMENCEMENT ....
0.N. ---t DOCUMENT NUMBER
APN - ISSE—StORS PARCEU NUMBER
- •.
' .
Eleagng Table .
No, Sewing pistance
Li N 5439'06" WI 6Z68.
L2 S 51-23'3_0 E I 1414.39' P 0.0 .1 •
MOST WESTERLY CORNER OF
THE LANDS OF J G. ORB'S CORP
ALSO BEING THE MOST NORTHERLY
CORNER OF PARCEL 1 AS SHOWN
- ON PARCEL MAP 7950, RECORDED
' IN BOON 353 MAPS, PACES 36-39, EX R. .
CASA QRANDE R 0 AD
...5.
,
. _
------C -3-5-'474ur -... —Ii TIT §T un- 1.." "..- — 7 ••, -
—7 77., 6.52-.3r. wa m 479- - - •
.- • .
to sr
cn c's ACCESS AND MAINTENANCE EASEMENT
N- cif CONTAINING S00 ACRES
110
tO
. I
Z op
—I APN 017-050-006
til .
eL ID U
/(1- Ce . •
•• ..z 44
a_ la -i•
i N.. LANDS OF • • .
1.1.1 to ,,CS: JG ORBIS CORP -
•
ce co DN 1988-101027
. , .
a... I-. GRAPHIC SCALE
Er . 0 603
0 PI
to 1-.1
tri U)7
• z cr, ( IN FEET )
< CC CD
_., 0-- 1 inch ..-z 300 ft ,
_
. t
' -
ir CINQUINI As PASSASINO.. INC.
LAND SURVEYING JOB NAME:
IMO Ma Dutton An. DRAWN RY.Al SHEET I OF 1
ADOBE CREEK CHANNEL „
4. nwvatApmic, Res Rs.DR 1:41" DESCRIPTION- SCALE I' = 400 4v9i I. 4264-98
- a coNSTauccoto Reg= (7071 442-0N1
a susoasams r..= cyan sn-ra ACCESS AND MAINTENANCE EASE,40770arna..,gen e 'bit-A-1:in 3-141 4 3;‘"1:^ ill
•
'• `k :
• • •
EXHIBIT`Q
FORMER COURSEOF°ADOBE CREEK,
•
•
•
•
•
•
•
•
FROM : GODFREY ENGINEERING PHONE NO. : 707 5759645. Jan: 02 2001 ,1.1: 13RM! P2
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Pot ux LTA 1u: - 2 .
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F1;71...-tin : aftir-r-si• El 1G 1 tEER:ht Ptiri•E NO. : Ti 57596,15 T. ri. :17 7,<Acii. no:5,,,,,,,..., ri-, ,
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t-001F2Y illrflhig 01h1/7
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242^:V.To-oz:....bieisr,Silife 245
Serb gra lA.t.`Eir_irnio OCAA, .
i(01 54.-55.,5
-
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. . PE i A Lifiviact A. "-IA - • „'? •---
• . .
-A-r-10-SE CREEK'ii:s'a;rirv,-ER;-„-.:101s1 • rt., z.6/07 .
r111172a1=17.m.g.,, ec.:4,,;-- .
.. c.,..,....
"w I rur,1=
r.4. .
ea:54-13 On' stirn.siei Ste e...,-,. . -
_...._. .......
1/27101
•
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. •
Dezicr,u-car trIrr AlltiOUNT: . .
• No:
PRIG; .
. -
. .
... . .. .
. '
A -CRF-EK . .
•. - • . . .
. -
• •
. .
. .1' L.• . MOB:-DEMOS • -- • - - .53,bbf.`:Ct1/2: .- :1i:3;X-it - -
. ...
; ' 5 1:W-Cy" Ezmwattorr&Piar.emeol-of existing soil 000 00 S15013.0- •
- . -
,
- - 1 797 TON tip°An
•, ...
•
3
' 5150.00 . i'S41.
.. -
. .
. .
. .
- •
. .
.. .. •
CONSTRUCTlebi ESTIMATE TOTAL . -aan , •
.,.....,-...
- - '
•
. .
•
•
' - • •
It .
.-“,J....a. . .
•
• /: ?Ls-NA-bite b&Seli
on 11110 P,c7:0`.fe3 Es-btu-fed-Site Plan
•.
- . .
. .
This estIrnatp doac nit i...r-?„...vb. . i.....,..3,-.::
, .
a. Contin4encies:. . . .. .
.. ...
. . k Finance diarges -_., : -:--. . . - • . , •. . -
. -
- •. '- c Cusfincreasai tieyand:the bresinf. . .
....
Al Few4s for:
- -
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::....h.ss_
I „..s„,,,er...
- .
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"Deveinortertl.ftft=c :otz.- :;;;;,-;a47.-,at silly iirii ")
. '
. ,
Sdieoi lineRro •
. - ,.. Other E rie
rtginee -(hichatinn-§cliis)criAirt3;tect .
. .
' thititi .
. .
Labor, Material,Performance andior other Sends .
• . , . ., e. ilti„-ii/or'.
•
- . ..
4.°,1;11-..ir;re-fiLarter.iLte--for,.&.ibdivisiee
. - c'- eatf4-."•ents.FArte-o.r-,tetrio,O,i FSE,n-ot-ioils .
.. • , ,-
,
3. This estimate if prepared as aguide only,.an ,is subied to ttticiele etiyette.. -
it nas been pre:aired to:a sMn/arti:of al.-curacy vibieh-to-the bed:of our - •
. .
kothil.kitziO;Ilori judge:in-tolls.t.Officient,tD.satisty our unatrutark#g al The -
• t.::::::::::zf Ihps'a:;;;matel. Gegliet-E7frjheeiin;;rriar(es-ne svarranti.
• etther e iir St:4d C'F Impli—fin-o.to It:S.:etc:n:4-sr tb"cs eriimaie.. .
. .
. ,
PREPAIRED BY : - - -
•
• - , .
. . . . .
,
W:THIPn el-FIE:Zit SZJ1 Z243:
• — .....
•
SANTA PriSA CA 9401
-- .
,
,
.. .
(7137) 57.5=5515- - f ' . •
41111k.
..
•
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IIIP
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Q r
EXHIBIT`.F:.' •
Adobe Creek Diversion Channel
Access for Construction and:Mainten_ ance
•
i
Being an easement for Access for Coristr fiction Maintenance of Adobe Creek Diversioa'Channel
over a portion:of the lands of 3.G:Orbis Corporation as described in that deed recorded under
Document No:,1988,101027, Official'Records of the County of Sonoma and being more
. particularly described.as follows: • .
Commencing at the most westerly-corner'of said lands of J G. Orois Corporation, said point also
being the most northerly corner-of,Parcel,l as shown and delineated on Parcel Map No 7950,
filed in Book 353 of Maps at Pages 36-39, Sonorna County Records thence from said Point of
Commencement, alongahe southeasterly;right of way of Casa Grande Road`(100' right of way),
• - North 35°42'49" East 1983:27 feet to the Point of Beginning of theparcel td'be herein described;
thence, from said POINT OFcBEGINNING, continuing along th ,southeasterly right of way of
Casa Grande Road (100' right of way),North 35°42'49"East 317;90 feet;thence, leaving said
southeasterly right of way, South 69°43'56" East 144,39 feet; thence South 27°18'14" West
144:57 feet; thence South 57°39'21 West 232.71 feet thence North 51°23'30"West 73.79 feet
to the Point of Beginning of the•hereinabove described parcel of-land:,
Containing 44,019 Sq.Ft:•(1 01"Acres).of land. -
Basis of.Bearings: Parcel Map No. 7950, filed in Book 353 of Maps at Pages 36-39, Sonoma
County Records .
,
i End of AescripHon
This description was prepared by-or under the direction of Ralph H. Thomas, PLS 4760
/ ,4,c t- Pct., r
ry'S��y 'He� rr v.
f tic/C\
1! ``°n}'fit'
4
3 d � •
l
`\ 'N .-
. •'� OF. .
y CINQUINI&PASSAKINO, INC: •. 1360 No.Dutton Ave.,Ste. I50� • Santa Rosa.CA 95401 •. (707)542=6265
F$50SR240771mpo\E+z.mmt E401 Eao.. March 2.2091
• .
•
. . .
. .
EXHIBIT F-1
...
. .
. . . . . . . . .
, .
. .
ABBREVIATIONS •' BASIS OF BEARINGS
pea -.POINT'OPBECINNING . PARCEL MAP NO. 7950:nab:A.8004C 353 OP MAPS PACES 36-59.,SONOMA COuNly RECORDS
P.D.0 - PONT OF COMMENCEMENT .
D.N. - OCCUMOIT:NUMBER:
LPN - ASSESSORS PARCEL NUMBER;
. . ..
• -
• ;Bearing Table . -
F,10,1 Bearing . Distance.
• - .. LI'S 354249" 'W 317,90%, - .- -
•
' .
PO.0 L2.,...5 59'13'56" E-1 144.39' ,•
' -
.
L3 S 2715'14J W 144,57'
MOST WESTERLY CORNER OF ' - . _ . .
,
'
THE LANDS OF•J.C. 'OWNS CORP. ' L4 S 57.73921 'W 232,7111 --
ALSO IBEING THE MOST NORTHERLY L'5 N 51,23'307- W 73.79'
• - -CORNER OF PARCEL 1 AS SHOWN .
• . ON PARCEL MAR'7950, RECORDED
IN BOOK 353 MAPS PACES .36-39, S.C.R. - '''' . • • .- . • ' - . . _
• . . -
. . • . . .
- ,
• .
_ . • .
I " ' P:OS
_ _ ______v■___GASAk GRANDE qOD .2 .:
• .
-2
— — —•.7- .-- •-- — —, — ,__ . .
• N 35'42 as' E 1983.27% --o' r
Thr--L- _ _._ __ 2_._ — _ (.71 -
, . .
. ..
., . • .
-r.... a)
.
- -
AccEs •M
0- to I — ' CONTAINING 1,01 ACRES _
• . .
0- f.n.0 . • - -
.....1 ... . MIN 017T-050-006''' .• . . c-1°.,.. . .i•c . .• .
I T.O LANDS OF
JG ORRIS CORP.
-
• .
DN. 1986-101027 :
. . .
•
. . • . .
IX'a • .
0 .••?; •
b c oi
cn tn 7 . .
a ;A ch GRAPHIC scALE .
z -cri
< cc 07 .302 0 300 sop
• __, Ot`S..-4t - '
Z
o 0 . •113'Itair.?•MAill:Lt1:7;-!=iiMei.:•.:`;:::r.r.it-?s,e..W.]:'WI:• '
. • . .
( IN'FEET )
. , .
1 inch = 300 ft.
. . .
. .
. •
' •
. •ciNQUINZ de NABNiaRINO. INC. - , • _ .•
• LAND CURVETING 9.98 WIC: . _
- r- DRAWN EN:Ai SHEET: '1 OF 1
._
a Japan...err, IMO Ms..,0.atio EAn ADOBE CREEK- CHANNEL - , .;
s-i°xt ca?"41 DESCRIPTION: SCALE: 1' .(40Di JOB' #: 4=64-98
a•=shawls Prone (W)34 .4.711 t. _
g.SUSDATOKS - ;. nac.-(It')al-fl • ACCESS.AND mAINTENAget. EASE 40"~a;ame.-47..atierliati ki-iin .3.03 0,
111.
- . -
. - • '
. ,
•
FF01 : 19.'L.:Hudson
. PHO s 0 : 797.: .. - ..
T . SCHOOLS Spun dr . - ' _, • ..
I; • OlchA0000 School Oistiet Mendocu . .
I
-:845 Crinella.Petaluma. .
j CHILD.CARE,•ASST 53:65/hr: SECRETARY
- sUS'ORIV i $12:02 hr cart t3amintTComt .
required/will train..l Call .for Indian Pre/ereii
application 76574327,J. open r A;
F. r u!ne:• -
• �' until h!led EOE ,Attu Gaming.
1
D Y
JIC
,SSA
Oh - CHANGES, ARE'':MADE IN DETERMINATIONS •
L P FLOOD ELEVATIONS FOR THE`UNINCORPORATED r
ta
i SONOMA' RNIA; R THCOUNTV,tCALIFO UNDEE,
`ills' .
•INSURANCE PRROGRAM.• - . • - -
Mt On .April. 2, 1991, the Federal Emergency, Marl:
:ach Agency Identified Special Flood Hazard Areas'(SFHAS);Inl
,ediat , - oorporated areas of Sonoma County,Catifornla;through'it
'''• 4 of a Food Insurenc Rate .lap:(FIRM).The Mitigation Dirt .
,<7antal has determined that modification of the elevations of the not
( 'S Mg a,1 percert chance of being equaled or exceeded`ln anq, ,_
'MED. year-(base hood)for eertatn locations iihla-co.^mruntr/,is s
Frienc priate.T'ie Modified Base FioodElevations'(SFEEs)revise the I- - •• -
sleeks fcc the community. t
drgaii The,changes are being made pursuant to Section 206 of .-.
t�epi _ v:E
C Flood Disaster Protection`Ad o1;7rno(icubite Law 93.224)and - "
in'accordance Wan the National Flood.tnsurence?Act'Of 1968,.
••MEDt amended(Title-XIII or•the Homing and Urban•De'velopment Act
gen. I. - , 1968,Public Law 90.448),42 Li S.0 4) - 28Cand 44:CFR Part S -
i O
• drauticianal six was. erformed to:incor o ate update
Ml - topographic data channel and culvert Improvements, berm;con
-Eye struction, and 6onstructlon of a diversion channel along Adobe .
'fncnt Creek from just,upstream toy approximately 4,500 feet Pastrami al,
sOn Ely Boulevard South th s has reeWtad M a decrease in.SF A-width -
hon.1, and increased and;decreased BFEs for Adobe Creek and'estab' : -
llahment of an SFHA for Adobe`Creek Diversion Ohanne6The table
h • below indlaites exciting and ntPt ied EIFEL for selected lacationa r
jOin t • along the affected lengths of trie'fiooding source(s)cited above.
N. suet - Ealsting.BEE Modified BFE . I r,
g We,I Location ' _ Ps" q• (feet)' ' -
p _ •
S _hdED: • Just upstream of,Casa Grande - 2.
y remit Road crossing approximately - s.
bane 2.800 feet'upstream.uP Ely.
Boulevard South 74' - 75 _ , :ds
Ch f ,. .Approximately 300ReeuUpstrsam - •,�;•
ife , v of above-mentoned,Casa
data Grande Road crossing 75 75. adwan•
Capt 'National Geodetic Venlcal'Datum rounded to nearest whole foot Vat •
0Y 0, Under the:above-mentioned Acts.of 196a and 1973, the ; ' .:n-=
Mitigation Directorate must-develop criteria for ftoodplalnmanage•
7F ment.-To,participate hi the National Flood'' Insurance Program•. Detam;l•
°ere (NAP), the community,,must'use.thth modified:BFEs to adniinialar ' send a'.
afro' the iloodplaln management measures at tc NAP.These Irodif ed' - 0000?Ic
._ _ .7mre'tne.
near , BEES will also be used to calculate the appropriate flood Insurance - , mown
and I premium rates for.new buildings`and their contents and for the sae- ' age IX=
.. Plea 731• ' end layer of Insu'renoe on existing buildings and_contents. .,-
la'rofdr
and • Upon the second.puollcatldn of notice;of Shane,changes In -r: --:_
—M a this newspaper,:any person,has 90 days In wnicb he or she can AM Wo ad -_ _ _ •
an request through the Chief Executive Officer alhe community,that
,rte the Mitigation Directorate reconsider the 'determination. Any_, q®net (71t
• -071 - request for reconsideration ritual be based,an.knowledge of ' tart.RAMP
3 f changed conditions or now scientific or technical"'data. All Inter- 526948-Pub.l
• 37 , ested parties are on notice that untit the 90-day period elapses,the It', ,
'Mitigation.Directorate's determination to mcdlty,'he SFEs may - -
M hull to changed: _ NOTICE 01-Any person'having knowledge or wisntng.to comment on Tp ADM,
' these changes should Immediately notify:' ESTA1'
• The Honorable.Mike Reilley VERA E. BR,
Chairtan;Soncma'.County - :CAS£.90.1
I.
Board of SupervisoM •
575 Administration.Drive,Rriom.100A : Tc all heirs,bone
• •' - • Santa Rosa,CA 39403 •• -ditbrs,contingent ca - .
c f - persons who may o®
— ; '513870-Pub:.Sep.27;Ott.4;2000 211 interested In the wiliaT,
or both, of: VERA E.t'ya.
t .,. SEN. 50P .
,� a F it*
NAME STATEMENT 5 OFFICE OFT HE COUNTY Y CLERK -..A PETRIGN FOR IC Pee .
• '1 A NEW FICTITIOUS BUSINESS has been`filed by: J ' ca. •
..
•r I riLENO.;00:c515. NAME STATEMENT MUST BE HALL in the Superior le
GLENNW00D.'- VINEYARDS FILED BEFORE THAT TIME.THE California,County of 501,..67- •cY
located at, 122. Hoff Rd., I FILING OF THIS STATEMENT THE PETITION FOR PF
11 • icenwood. CA 95452 is thereby COES-NOT OF ITSELF AUDIOrequests that: JULIANNE\ of .
--- --. heannointcdasrxnonal-
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