CITY OF DUNSMUIR
CITY COUNCIL MEETING AGENDA
Thursday, June 18th, 2026
REGULAR SESSION 6 PM
Join Zoom Meeting: https://us02web.zoom.us/j/84424135442 Council Chambers
5902 Dunsmuir Ave
Notice to Public
The City of Dunsmuir is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, real-time captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (530) 235-4822.
For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number:
(530) 235-4822.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda.
Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe and participate in the meeting remotely via Zoom using the following Webinar ID:
844 2413 5442, or by calling +1 669-900-6833. Go to Reactions tab to “Raise your Hand” during the public comment period.
A. CALL TO ORDER
B. ROLL CALL
C. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
D. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters, not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item, please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, as determined by the Mayor.
E. COUNCIL AND STAFF COMMENTS
F. COMMITTEE REPORTS
G. APPROVAL OF MINUTES of 6/4/26
1 H. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
Recommended Action: To approve the consent calendar.
1. Approval of Check Report 5/30/26 – 6/12/26
2. Letter of Support – Dunsmuir Wildfire Prevention Project I. PUBLIC HEARINGS –
Ordinance 586 - Adding Chapter 5.36 (Entertainment Zones) of Title 5 (Business Licenses and Regulations) of the Dunsmuir Municipal Code regarding creation of an Entertainment Zone in the City of Dunsmuir Allowing Patrons of Participating ABC-Licensed Establishments to Carry and Consume Alcoholic Beverages within a Defined Boundary.
Recommended Action: Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.
J. OLD BUSINESS: None
K. NEW BUSINESS:
1. Discuss and action on lease between City and Union Pacific for Mossbrae Falls Trail
2. Budget amendments for budget year 2025.2026 and 2026.2027 L. FUTURE AGENDA ITEMS
1. Historic District Property Business Improvement District
2. RFQ for Qualifications for Housing Developers
3. Childcare Item
4. California Uniform Public Construction Cost
M. ADJOURN TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov’t Code section 54956.9(d)(1)
4191 Patricia Way LLC v. City of Dunsmuir; Mark Allen; and DOES 1-20. Siskiyou County Superior Court case number 26CV05279
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov’t Code section 54956.9(d)(1)
4191 Patricia Way LLC v. City of Dunsmuir. Siskiyou County Superior Court case number 26CV06378 N. REPORT OUT FROM CLOSED SESSION
O. ADJOURNMENT
ADJOURN TO THURSDAY JULY 2nd, 2026, 6:00 P.M., COUNCIL CHAMBERS 5902 DUNSMUIR AVE, DUNSMUIR, CA
2 Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Dunsmuir to all or a majority of the Dunsmuir City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 5915 Dunsmuir Ave, Dunsmuir, California during normal business hours.
PUBLIC NOTIFICATION
I, Wendy Perkins, City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Dunsmuir City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall 3 Dunsmuir City Council Meeting Minutes of June 4th, 2026 A. CALL TO ORDER at 5:30 p.m. for 1st Closed Session
B. ROLL CALL
On roll call were Councilmembers: Hubbard, Clarno, Sebring, Bryan, Lucchesi
Absent: None
Staff present: City Clerk Perkins, Interim City Manager/Finance Director Michaelsen, City Attorney Lim, HR Consultant Dellandre
C. ADJOURN TO CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR (Government Code section 54957.6) Position: City Manager
Designated Representative: WBCP, Inc. (Lauren Gerson-Greene) D. REPORT OUT FROM CLOSED SESSION – No reportable action taken – See open Session Item.
Reopen to Regular Session at approximately: 6:06 p.m.
E. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS –SOAR - Rennee Camilla presents SOAR stands for : Seeds of ancestral Renewal
F. PUBLIC COMMENTS – open at 6:12 p.m.
Alan Magana – Seeking clarification on Cannabis Business Licenses and their requirement of a Conditional Use Permit prior to opening. Seeking clarity on the rules.
Ernnie Wasson – Has concerns about the state of disrepair across the network of public water fountains in town. Noticing they are not being maintained and worries it can affect tourism.
G. COUNCIL AND STAFF COMMENTS
ICM Michaelsen – Some vandalism at children’s park on a public table. Water system update regarding lead based pipe service line inventory. The city will be completing a mandatory inventory assessment.
H. COMMITEEE REPORTS – None
I. APPROVAL OF MINUTES – Motion to approve minutes of May 21st, 2026 Moved by: Councilmember Clarno
Seconded by: Councilmember Hubbard Motion Carried ( 5 to 0 ) J. CONSENT CALENDAR –
1. Approval of Check Report 5/16/26 – 5/29/26
2. Consolidation of Election with Siskiyou County RESOLUTION 2026-12
3. Road Closure Request for Railroad Days June 12, 13, 14 4 Motion to approve the consent agenda
Moved by: Councilmember Bryan
Seconded by: Councilmember Sebring Motion Carried ( 5 to 0 ) K. PUBLIC HEARINGS - None
L. OLD BUSINESS
Study Session Regarding: Ordinance to Create an Entertainment Zone allowing patrons of participating in ABC-licensed establishments to carry and consume alcoholic beverages within a defined boundary.
Recommended Action: Review draft ordinance, receive comments from public, and provide direction to city staff on proposed draft ordinance; Fulfill notice to law enforcement and receive feedback pursuant to Business and Professions Code section 25692(a) Public Comment open at: 6:39
Alan Magana – Makes some supportive comments
Andrea Herr – Asks some clarifying questions. Rotary and Chamber are working to put on Brewfest. This year it will be held downtwon with the hope it will bring more commerce to them. Wonders if the downtown entertainment zone will only be used for events.
Therese – Has concerns about bringing the large event of Brewfest downtown. Seeks clarity about the zone regarding if its just for events.
Public comment closed: 6:44
M. NEW BUSINESS –
1. Discuss/Approve City Manager Contract
Public comment open at : 7:05 p.m.
Alan Magana – Looks forward to Dunsmuir having a thriving economy Motion to approve the new city manager contract as presented to council Moved by: Councilmember Clarno
Seconded by: Councilmember Hubbard
Roll Call Vote with All in Favor Motion Carried (5 to 0) Discussion and Adoption of Resolution 2026-13 Applying for CRISI Grant for Federal Funds for Mossbrae Falls Trail
Public comment open at 7:17 p.m. None.
Motion to Adopt Resolution 2026-13
5 Moved by: Councilmember Sebring
Seconded by: Councilmember Bryan
Roll Call Vote with All in Favor Motion Carried (5 to 0) N. FUTURE AGENDA ITEMS
1. Historic District Property Business Improvement District
2. RFQ for Qualifications for Housing Developers
3. Childcare Item
4. California Uniform Public Construction Cost
O. ADJOURN TO CLOSED SESSION at 7:25 p.m.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov’t Code section 54956.9(d)(1)
4191 Patricia Way LLC v. City of Dunsmuir; Mark Allen; and DOES 1-20. Siskiyou County Superior Court case number 26CV05279
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov’t Code section 54956.9(d)(1)
4191 Patricia Way LLC v. City of Dunsmuir. Siskiyou County Superior Court case number 26CV06378
P. REPORT OUT FROM CLOSED SESSION – Direction was given to staff.
Q. ADJOURNMENT at 8 :07 p.m.
Mayor Lucchesi City Clerk Perkins
6
!"#$!
% &
'
()*!$+
%
,
"
-. /012345 /01264 7640:6: 76409 ;<308430 764084302345 =601>60;<=60?60;<=60 @@@AB CDDEFFGHIEJKLCMNEFOKNDEFIID @PQ@RQA@AP NWXYZ[\@U@@ T@@UV@ BRS @@@BP C]^CMDE]GM_OF`FaELFb]CaCLCMCcELEMa@PQ@RQA@AP NWXYZ[\@U@@ SPdUAT BP@ @@@BP C]^CMDE]GM_OF`FaELFb]CaCLCMCcELEMa@PQ@RQA@AP NWXYZ[\@U@@ eSPdUAT BP@ @@RBV DJCNIEFfgGIIOM @PQ@RQA@AP NWXYZ[\@U@@ AihVdUR@ BPh @@Phd DIELEMFfCFaENELO^CI]j[kk[]Y\[k @PQ@RQA@AP NWXYZ[\@U@@ didVdUAA BPA @@PdA DOlbDOlDOMFaNKDaGOMiGMD @PQ@RQA@AP NWXYZ[\@U@@ RBAiVRBU@@ BPB @BRBh ][kmJf[nW\FopnWqpiGkrU @PQ@RQA@AP NWXYZ[\@U@@ TVBUhS BPT @@SPP ]KMFLKGNaGNEHZ[rsF[kmpEknW\t\jpWpiIID @PQ@RQA@AP NWXYZ[\@U@@ dRU@@ BPR @h@SR _CFaEMCIDOLgCM` @PQ@RQA@AP NWXYZ[\@U@@ ATBUTA BPP @hASA JCDJDOLgCM` @PQ@RQA@AP NWXYZ[\@U@@ hTAU@A BPd @hASS JCMMCJFLGaJ @PQ@RQA@AP NWXYZ[\@U@@ R@U@@ BPV @hTTA uCDOHFEMcGMEENGMccNOKgGMDU @PQ@RQA@AP NWXYZ[\@U@@ hBiVABUdh BPS @hS@V IOMCN]OFU]EgCOIC]WvWZwtqWknDwqtZj[krW@PQ@RQA@AP NWXYZ[\@U@@ hAiBPdU@@ Bd@ @ABPA gCDECMCI`aGDCIFEN^GDEFiIID @PQ@RQA@AP NWXYZ[\@U@@ ST@UVR Bdh @ABd@ gCDG_GDgOfEN @PQ@RQA@AP NWXYZ[\@U@@ SiRhPUPd BdA @ABd@ gCDG_GDgOfEN @PQ@RQA@AP NWXYZ[\@U@@ AVdUSB BdB @ABd@ gCDG_GDgOfEN @PQ@RQA@AP NWXYZ[\@U@@ APTURA BdT @ARTd NCLFJCfxFCDEJCN]fCNE @PQ@RQA@AP NWXYZ[\@U@@ TdUBh BdR @ARSV NEMaCIcK`F @PQ@RQA@AP NWXYZ[\@U@@ hih@BUTS BdP @APAP NGDJCN]FifCaFOMbcENFJOM @PQ@RQA@AP NWXYZ[\@U@@ h@iSB@U@@ Bdd @AVBA FEHGF]GNEDaGMD @PQ@RQA@AP NWXYZ[\@U@@ Bi@@@U@@ BdV @AVTA FEN^GCLH`fNGcJaIIg @PQ@RQA@AP NWXYZ[\@U@@ A@iVVRUVP BdS @BRBR FjnWfw\sFwZYnjwkp @PQ@RQA@AP NWXYZ[\@U@@ B@idSBUB@ BV@ @ASSh FOICMOxFDOMaNCDaONHKGI]GMcFKggI` @PQ@RQA@AP NWXYZ[\@U@@ SBURS BVh @ASSA FOIEMGF @PQ@RQA@AP NWXYZ[\@U@@ hiPAAUTB BVA @BRAB FKFg @PQ@RQA@AP NWXYZ[\@U@@ AiBVRU@@ BVB @BB@d a`IENaEDJMOIOcGEFiGMDU @PQ@RQA@AP NWXYZ[\@U@@ AidBTUA@ BVT @BBVB ^`^E @PQ@RQA@AP NWXYZ[\@U@@ AihVTUBR BVR @@A@B Caba @PQhAQA@AP NWXYZ[\@U@@ hB@U@A BVP @@R@@ DCaCI`FaEM^GNOMLEMaCIFOIKaGOMFDONgONCaGOM @PQhAQA@AP NWXYZ[\@U@@ RiBAhUAR BVd @@PdA DOlbDOlDOMFaNKDaGOMiGMD @PQhAQA@AP NWXYZ[\@U@@ B@Ri@dSU@@ BVV @@VVd ]G^ENFG_GE]EIEDaNGDiGMDU @PQhAQA@AP NWXYZ[\@U@@ PihSRU@@ BVS @@STB ]KMFLKGNDJCLHENO_DOLLENDE @PQhAQA@AP NWXYZ[\@U@@ diR@@U@@ BS@ @@STd ]KMFLKGNDOLLKMGa`NEFOKNDE @PQhAQA@AP NWXYZ[\@U@@ AiR@@U@@ BSh @@SPV ]KMFLKGNaNKE^CIKE @PQhAQA@AP NWXYZ[\@U@@ hPTU@A BSA @h@SR _CFaEMCIDOLgCM` @PQhAQA@AP NWXYZ[\@U@@ B@AUVP BSB @hS@V IOMCN]OFU]EgCOIC]WvWZwtqWknDwqtZj[krW@PQhAQA@AP NWXYZ[\@U@@ AiRTRU@@ BST @ABPA gCDECMCI`aGDCIFEN^GDEFiIID @PQhAQA@AP NWXYZ[\@U@@ hiBSAU@R BSR @ASAS FGFyG`OKCNaFLKFEKL @PQhAQA@AP NWXYZ[\@U@@ AiR@@U@@ BSP @ASBd FGFyG`OKDOaOKNGFLGLgNO^]GFaOM`C]OfF@PQhAQA@AP E NWXYZ[\@U@@ hRiVRdUTR BSd @ASRd FGFyG`OKDOKMa`E]D @PQhAQA@AP NWXYZ[\@U@@ hiAR@U@@ BSV @BB@d a`IENaEDJMOIOcGEFiGMDU @PQhAQA@AP NWXYZ[\@U@@ BBdUAP BSS @BBAh KMGOMgCDG_GDNCGINOC]DO @PQhAQA@AP NWXYZ[\@U@@ BiV@@UBh T@@ @BBTB KFCHIKEHOOyiGMD @PQhAQA@AP NWXYZ[\@U@@ dRTUSR T@h @BTBR fElHCMy @PQhAQA@AP NWXYZ[\@U@@ BiSVSUAh T@A @BTSA `NEyCaNCMF_ENDOLgCM` @PQhAQA@AP NWXYZ[\@U@@ TiARhUVA T@B @BRhT EqtwzW\ @PQh@QA@AP H[ks]\[{n@U@@ AT@UA@ ]_a@@@@@VT @BRhT EqtwzW\ @PQh@QA@AP H[ks]\[{n@U@@ ShBUAB ]_a@@@@@VR @BRhP D[Zj{w\kj[Fn[nW]jp|Y\pWqWknKkjn @PQh@QA@AP H[ks]\[{n@U@@ TPhURB ]_a@@@@@VP @ABTP OgENCaGMcEMcGMEENxFgKHIGDbOEgKHIGDbLG@PQh@QA@AP FD H[ks]\[{n@U@@ hRiA@hUR@ ]_a@@@@@Vd @@TRP DCIgENF_GFDCIFEN^GDEF]G^GFGOM @PQh@QA@AP H[ks]\[{n@U@@ AiTRSUPh ]_a@@@@@VV @@TRP DCIgENF_GFDCIFEN^GDEF]G^GFGOM @PQh@QA@AP H[ks]\[{n@U@@ AiRAPUAT ]_a@@@@@VS @@TRP DCIgENF_GFDCIFEN^GDEF]G^GFGOM @PQh@QA@AP H[ks]\[{n@U@@ h@PUd@ ]_a@@@@@S@ @@TRP DCIgENF_GFDCIFEN^GDEF]G^GFGOM @PQh@QA@AP] H[ks]\[{n@U@@ h@VURP _a@@@@@Sh 7
!" !#$% &'(
)*
+,-.
)*
+- /-
/-
1
23
,
0-
,
/-
0-
,
+,-.
44567 89:;<=>?@>89:><=A@8<>B@A@>@CD 47EF4EG4G7B LMNOBPMQR4K44 G7JK7I ?H44444IG 44567 89:;<=>?@>89:><=A@8<>B@A@>@CD 47EF4EG4G7B LMNOBPMQR4K44 576K77 ?H44444IS 4S6FJ <TUVWXTYNRBYZYVWUTYNRBYUMPRTYNR 47EF4EG4G7 LMNOBPMQR4K44 F[JJIK45 B?H44444I5 4S6F\ <?H;> 47EF4EG4G7 LMNOBPMQR4K44 5[SS4KSI B?H44444I6 4S6F\ <?H;> 47EF4EG4G7 LMNOBPMQR4K44 F[565KG4 B?H44444I7 4S6F\ <?H;> 47EF4EG4G7 LMNOBPMQR4K44 7[GF\KI5 B?H44444I\ 4S6FJ <TUVWXTYNRBYZYVWUTYNRBYUMPRTYNR 47EF4EG4G7 LMNOBPMQR4K44 76FKJJ B?H44444IJ =Y]^VMP8_Y`Oa bMN^MV8_Y`Oa AWcdYd8_Y`Oa 23 ,
/-
/-
1
,
e
*23ef,--
LMNOBPMQRa <?Hga 564
F
F64
4K44 h /-
F[4GG[4SIKJ4 4K44 iI7\KG5 S\[GI6KS\ 4K44 jkjlhm /.n ,
6J4
F64
l
8
"#$%#&%&"&'$"'%%(
!
)**+
,-./00
10
2
3-
/
10
/
10
14*
/
56789:;<=6>?@ A:B8:9<=6>?@ CDEF6F<=6>?@ G:B?H;:IJ@ KLMN@ OPQ R
RPQ
QSQQ T RUQVVUQWXSYQ QSQQ ZX[\SVO W\UVXPSW\ QSQQ ]^]_T` PYQ RPQ
_ a/,b0 )0
1
3 , /
a/,./00
XYcDD96F<:@=R [dVQV[ UQPYUW[\SXW ]^]_T`
9 June 18, 2026
California Department of Forestry and Fire Protection
Attention: Grant Management Unit Wildfire Prevention Grants P.O. Box 944246
Sacramento, CA 94244-2460
Project Tracking Number: []
Dear CAL FIRE Review Team,
The City of Dunsmuir would like to express support for the Dunsmuir Wildfire Prevention Project submitted by the Shasta Valley Resource Conservation District (SVRCD). This project will reduce hazardous fuels to protect the lives of Dunsmuir residents, as well as the major ingress/egress infrastructure of south Siskiyou County.
Dunsmuir is a historic community located along Interstate 5 and the Union Pacific rail line serving the West Coast.
It sits on the floor of the Upper Sacramento canyon. As the canyon rises and narrows from the landscape of high temperatures and fuel loads below, the topography can funnel fire and accelerate winds. Numerous fire chimneys extend up the steep slopes flanking either side of the community.
As described in the Community Wildfire Protection Plan (CWPP), ignitions can quickly escape suppression action when the forest floor is dry. Topography will accelerate the fire’s spread and the dense forest vegetation can burn with intensities that would evade both ground and air suppression tactics.
Thus, according to the Forest Service website “Wildfire Risk to Communities,” Dunsmuir is at higher risk of wildfire than 99% of communities in the US. The entire area is within the Wildland Urban Interface and is designated as a Very High Hazard Severity Zone.
Furthermore, the community of approximately 2,000 residents is designated as “Severely Disadvantaged” by the State Disadvantaged Communities tool. The median household income for the census tract in 2020 was $37,400.
About 92% of students at Dunsmuir Elementary School qualify for free- or reduced-price lunch.
To reduce the threat to the community and the transportation corridor, grant funds would treat approximately 350 acres of vegetation. Mastication and thinning would take place along ingress/egress routes and near critical infrastructure, in line with the CWPP and CalFire’s 2025 Siskiyou Unit Fire Plan, as well as along the town’s perimeter to reduce wildfire spread from the surrounding woodlands.
We strongly support this project and urge the grant reviewers to protect an area vulnerable to catastrophic wildfire.
Sincerely,
Juliana Lucchesi, Mayor
City of Dunsmuir
10 Springs Wildlife
Area
Shasta Springs
Mott
5 5
Shasta Retreat
Dunsmuir
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Esri, USDA FSA, Esri, Vantor, Earthstar Geographics, and the GIS User Community
0 0.5 1 1.5 0.25
Miles
Legend
South Siskiyou Hazard Mitigation
Interested Landowners w/o Funding for Treatment Updated 04/20/2026 ± Scale = 40,000
Map by C.C. 04/20/2026
Dunsmuir Wildfire Prevention
11
City of Dunsmuir
STAFF REPORT
RE: Entertainment Zone Ordinance – add a zone to the municipal code to allow beer and wine in the open
MEETING DATE: 6/18/26
SUBMITTED BY: Interim City Manager
PURPOSE OF REPORT: Information only Discussion Action Item PLACEMENT ON AGENDA: New Business Old Business Consent
Special Presentation Public Hearing
WHAT IS BEING ASKED OF THE CITY COUNCIL: Add an ordinance allowing beer and wine to be carried openly within an entertainment zone
BACKGROUND/DISCUSSION: The City Council has discussed an entertainment zone at the 2 previous city council meetings. This item is to hear and receive input on the final ordinance and move this to a second reading and eventual incorporation into the Dunsmuir Municipal Code OPTIONS: Hear from residents and any stakeholders, make changes or approve as written FISCAL IMPACT:
None Yes Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: Already approved $5,000.
Affected fund(s): General Fund Water Fund Sewer Fund Other:
Comments:
SUGGESTED MOTIONS: Motion to introduce and read by title only ordinance 586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR ESTABLISHING AN ENTERTAINMENT ZONE, and to waive further reading of the text and move to second reading at next available meeting, Attachments: Final draft of ordinance establishing an entertainment zone
12 Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.36 ENTERTAINMENT ZONES
Dunsmuir, California, Code of Ordinances Created: 2025-12-02 09:20:26 [EST] (Supp. No. 47)
Chapter 5.36 ENTERTAINMENT ZONES
Sections:
5.36.010 Purpose.
The purpose of this chapter is to establish an Entertainment Zone within the City of Dunsmuir, pursuant to Senate Bill 969 (2024), where people can buy open container drinks (alcoholic drinks "to-go") from local bars, restaurants, wineries, and breweries and enjoy them outside in common spaces such as plazas, sidewalks, and streets during certain hours for the purposes of creating active, commercial corridors, to stimulate the economy. (Ord. No. ???, [date])
5.36.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a) "ABC" and “Department” means the California Department of Alcoholic Beverage Control. (b) "Entertainment Zone" has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time.
(c) "Licensee" means any person, business, or other entity duly licensed by ABC to sell or serve alcoholic beverages.
(Ord. No. ???, [date])
5.36.025 Notification to Department of Alcoholic Beverage Control. (a) The City Manager or his/her designee shall provide to the California Department of Alcoholic Beverage Control via the Department’s online notification all required notifications required by law (Government Code section 25690(b)) or regulation including, but not limited to:
(1) A copy of the ordinance establishing or modifying the entertainment zone; (2) Information as may be necessary to identify the boundaries of the entertainment zone; (3) The days and hours of operation of the entertainment zone; (4) The types of alcoholic beverages permitted within the entertainment zone; (5) The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized. (Ord. No. ???, [date])
13 Created: 2025-12-02 09:20:26 [EST]
(Supp. No. 47)
5.36.030. Entertainment Zone boundary.
(a) Downtown Entertainment Zone shall include all public streets, public rights-of-way, alleys and sidewalks in front of storefronts, and all establishments holding permits or licenses from ABC that are located within the Downtown Entertainment Zone further delineated in Exhibit A, listed in subsection (c). (b) The boundaries of the Downtown Entertainment Zone may be amended from time-to-time by resolution of the city council.
(c) Exhibit A as described in subsection (a) is as follows:
(Ord. No. ???, [date])
14 Created: 2025-12-02 09:20:26 [EST]
(Supp. No. 47)
5.36.040. Days/Times.
(a) Seven days a week, Sunday through Saturday.
(b) Ten a.m. to ten p.m.
(c) Days or times of operation may be amended from time-to-time by resolution of the city council. (d) Sales or consumption of alcoholic beverages during the hours in which sales of alcoholic beverages are prohibited under Section 25631 of the Business and Profession Code shall be prohibited. (e) Notwithstanding subsections (a) and (b) of this section, consumption of alcoholic beverages is authorized only during the hours in which at least one licensee within the boundaries of the entertainment zone is permitted to sell alcoholic beverages for consumption on the premises. (Ord. No. ???, [date])
5.36.050 Beverages permitted.
(a) The following types of alcoholic beverages are permitted within the Downtown Entertainment Zone:
(1) Beer as defined in Business and Professions Code section 23006; and (2) Wine as defined in Business and Professions Code section 23007; (b) All open alcoholic beverages consumed in the Downtown Entertainment Zone shall be purchased only from a premises located within the Downtown Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises, or an organization that is authorized by ABC special event permit or license to make such sales within the Downtown Entertainment Zone.
(c) Any Powdered Alcohol, Alcoholic Beverage, or Distilled Spirits as defined in Business and Professions Code sections 23003.1, 23004, and 23005, respectively, are not permitted within the Downtown Entertainment Zone unless allowed pursuant to a separate conditional use permit, special event permit, or otherwise allowed by State Law or regulations promulgated by the California Department of Alcoholic Beverage Control (“ABC”)
(Ord. No. ???, [date])
5.36.060 Allowable open alcoholic beverage containers.
(a) The city manager is authorized and will coordinate with the Dunsmuir Police Department Chief for the approval of a standardized open container that complies with ABC's guidelines. The container will be easily identifiable and affixed with a recognizable marking or sticker issued by a licensed participating vendor in the Downtown Entertainment Zone.
(b) No alcoholic beverages purchased at a licensed premises may leave the premises in an open glass or metal container for consumption in the Downtown Entertainment Zone. 15 Created: 2025-12-02 09:20:26 [EST]
(Supp. No. 47)
(c) No alcoholic beverage purchased at a licensed premises may be held or consumed in a motor vehicle in the Downtown Entertainment Zone, whether that motor vehicle is parked, idled, or moving. (d) Subsection (c) of this Section shall include the back of a pickup truck or flatbed truck, whether or not the back is open or enclosed; Subsection (c) of this Section shall not include a recreational vehicle or motorhome where the consumption of alcoholic beverage is not behind the wheel of the recreational vehicle or motorhome.
(Ord. No. ???, [date])
5.36.065 Identification of Individuals 21 Years of Age or Older. (a) The city manager is authorized and will coordinate with the Dunsmuir Police Department Chief for establishing a process or procedure by which all persons in possession of alcoholic beverages in the entertainment zone may be readily identifiable as being 21 years of age or older. (Ord. No. ???, [date])
5.36.070 Signage.
The boundaries of the Downtown Entertainment Zone must be clearly marked by easily visible signage posted at every intersection around the perimeter of the zone. This signage must instruct patrons not to carry alcoholic beverages outside the Downtown Entertainment Zone (e.g., "No Alcoholic Beverages Beyond This Point").
Signs must be illuminated well enough to be sufficiently visible during nighttime hours. (Ord. No. ???, [date])
5.36.080 Two-year review.
The operation of the Downtown Entertainment Zone shall be reviewed no less than every two years following the adoption of the ordinance establishing the Downtown Entertainment Zone to ensure that the Downtown Entertainment Zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted by the City Manager or their designee and in consultation with Dunsmuir Police Department and ABC.
(Ord. No. ???, [date])
5.36.100 Violations and Enforcement.
(a) Any business found to be in violation of any part of this Chapter may be subject to discipline by ABC or be subject to citation for an infraction or misdemeanor at the discretion of a peace officer; (b) Any individual found to be in violation of any part of this Chapter may be subject to citation for an infraction or misdemeanor at the discretion of a peace officer;
(c) The District Attorney of Siskiyou County or the City Prosecutor may prosecute violations of this Chapter; (c) Any business or person acting in compliance with this Chapter shall not be deemed in violation of Title 9, Chapter 9.12, Section 9.12.040 of the Dunsmuir Municipal Code (Drinking on streets, highways, sidewalks or alleys).
(Ord. No. ???, [date])
16
City of Dunsmuir
STAFF REPORT
RE: Review and Approve Lease Between Union Pacific and City for Trail to Mossbrae Falls
MEETING DATE: 6/18/26
SUBMITTED BY: Interim City Manager
PURPOSE OF REPORT: Information only Discussion Action Item PLACEMENT ON AGENDA: New Business Old Business Consent
Special Presentation Public Hearing
WHAT IS BEING ASKED OF THE CITY COUNCIL: Review and approve lease between City and Union Pacific for trail to Mossbrae Falls
BACKGROUND/DISCUSSION: Citizens walk on Union Pacific right of way to view Mossbrae Falls. The City and Union Pacific desire to create a safe path. The attached lease is beneficial for both entities and is a starting point in creating a safe path to view Mossbrae Falls. This is a 75 year lease with a one-time payment of $50,000.
OPTIONS: Review and approve, or provide other direction FISCAL IMPACT:
None Yes Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $50,000.
Affected fund(s): General Fund Water Fund Sewer Fund Other:
Comments:
SUGGESTED MOTIONS: Motion to accept lease, direct Mayor or City Manager to sign, and amend the general fund expenditure up by $50,000,
Attachments: Long term lease between City and Union Pacific for pedestrian trail project to Mossbrae Falls
17 Long-Term Lease Project No.
0714959
(Unimproved Property)
Form Approved, Law
LEASE OF PROPERTY
THIS LEASE OF PROPERTY (“Lease”) is entered into on ____________________, between UNION PACIFIC RAILROAD COMPANY (“Lessor”) and CITY OF DUNSMUIR, a California Municipal Corporation, whose address is 5915 Dunsmuir Avenue, Dunsmuir, California 96025 (“Lessee”).
WHEREAS, Lessor owns and operates a railroad right-of-way at or near Dunsmuir, California (the “Right-of-Way”), upon which Lessor conducts active rail operations.
WHEREAS, Lessee has proposed a pedestrian trail project intended to include certain improvements such as a bridge, boardwalk, trail segment, and related facilities (collectively, the “Project”), portions of which may be located on or adjacent to the Right-of-Way to allow pedestrian access to Mossbrae Falls.
WHEREAS, Lessee has requested that Lessor allow the use of a portion of the Right-of-Way for limited purposes in connection with the Project, and Lessor is willing to grant such use, subject to the terms, conditions, and limitations set forth in this Lease.
WHEREAS, Lessor’s willingness to enter into this Lease and accommodate Lessee’s Project, is conditioned upon the preservation of its operational needs, property rights, and safety objectives, and nothing herein shall be construed as a dedication of the Right-of-Way for public use or as a waiver of Lessor’s rights to control, restrict, or prohibit access to its property.
NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
The foregoing Recitals are hereby incorporated into and made a part hereof this Lease as though fully set forth herein.
Article 1. PREMISES; USE.
Lessor leases to Lessee and Lessee leases from Lessor the premises (“Premises”) at Dunsmuir, California, shown on the print dated April 23, 2026, marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for the construction, maintenance, and use of the Project only and for no other purpose.
Lessee's use of the premises is granted as a revocable and nonexclusive lease, which does not establish any public dedication, easement, or prescriptive right. Any access by the public to the premises is undertaken at the sole risk of the Lessee and may be restricted or terminated at any time by the Lessor.
18 Article 2. TERM.
A. The term of this Lease shall commence January 1, 2027 (“Commencement Date”), and, unless sooner terminated as provided in this Lease, shall extend for Seventy-Five (75) years through December 31, 2101.
B. Effective January 1, 2102, this Lease shall extend for one year and thereafter shall automatically be extended from year to year, unless sooner terminated as provided in this Lease.
Article 3. FIXED RENT.
A. Lessee shall pay to Lessor, in advance, a one-time payment of Fifty Thousand Dollars ($50,000).
B. Lessee shall pay, within thirty (30) days of invoice, all Lessor costs related to the Project and Lease administration, including but not limited to review, inspections, flagging, training, meetings, property management, legal, environmental oversight, and any operational accommodations; include 1.5%/month interest on late payments.
Article 4. WARRANTY OF IMPROVEMENTS.
A. Lessee hereby warrants that Lessee shall be the lawful owner of all the right, title and interest in and to any and all improvements it constructs or installs, or causes to be constructed or installed, upon the Premises. Such improvements include, but are not limited to bridge landing and footing, fence, and pedestrian trail.
B. Lessee assumes all obligations under this Lease with respect to the improvements, including the removal of the improvements upon the expiration or termination of this Lease at Lessee's sole cost and expense.
C. Lessee shall provide to Lessor a removal/restoration bond or letter of credit in the amount of 150% of Lessor’s removal estimate, which may be provide to Lessee by Lessor and updated annually in Lessor’s sole discretion, maintained throughout term. Said bond or letter shall be callable upon default/termination to fund removal of improvements.
Article 5. PLANS
A. Lessee, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and submit such plans and specifications to the Lessor’s Assistant Vice President Engineering-Design, or their authorized representative, for prior review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the Lessor’s tracks, detailed 19 scheduling of all work and, if applicable, all demolition and removal plans for the existing structure.
B. The final one hundred percent (100%) completed plans that are approved in writing by the Lessor’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Lessor has consented to such changes in writing.
D. Upon completion of the Project, Lessee, at its expense, shall furnish to Lessor an electronic set “as constructed” Plans of the Project.
E. The Lessor's review and approval of the Plans in no way relieves Lessee or the Contractor from their responsibilities, obligations and/or liabilities under this Lease, and will be given with the understanding that the Lessor makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by Lessee or Contractor on the Plans is at the risk of Lessee and Contractor.
Article 6. CONSTRUCTION.
A. Lessee shall construct the Project in strict accordance with the Plans.
B. Lessor shall have the right to observe and inspect all work performed during the construction of the Project.
C. Lessor shall have the right to stop or suspend work immediately if, in its sole discretion, it identifies an unsafe condition, interference with freight railroad operations, or noncompliance occurs, until the matter has been resolved to the Lessor’s satisfaction. All costs for any stoppage or suspension shall be the sole responsibility of the Lessee, including but not limited to installation of barriers and signage that will prevent access to the Premises and surrounding Lessor property.
D. Upon written notice from the Lessee of presumptive completion of the Project, the Lessor shall have the right to inspect the Project to determine, in its sole discretion, if the Project has been completed to its satisfaction (“Satisfactory Completion”). If Lessor deems the Project has achieved Satisfactory Completion, Lessor shall provide written notice to Lessee of the same. After Lessee receives written notice from Lessor that the Project has achieved Satisfactory Completion, then and only then, may the Lessee allow any use of the Project or Premises by any third party.
E. If, however, at such inspection, any part of the Project is found unsatisfactory, Lessor shall provide Lessee written notice of the conditions it finds unsatisfactory. Upon receipt of said notice, Lessee shall remedy the unsatisfactory conditions, and request Lessor perform another inspection. 20 F. Under no circumstances shall Lessor’s inspections or communications regarding Project completion, or its satisfaction of the completion or the conditions of the Project be deemed or construed to limit Lessee’s obligations, responsibilities, or liabilities under this Lease. Furthermore, Lessor shall not be responsible for and shall have neither control over nor charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Project.
Article 7. DEFINITION OF CONTRACTOR
For purposes of this Lease the term “Contractor” shall mean the contractor or contractors hired by Lessee to perform any Project work on any portion of the Lessor’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.
Article 8. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Project Area involving the Project, Lessee shall require the Contractor to:
• execute the Lessor's then current Contractor's Right of Entry Agreement
• obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Lessor.
B. Lessor's current Contractor's Right of Entry Agreement is marked Exhibit C, attached hereto and hereby made a part hereof. Lessee confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on the Premises. Under no circumstances will the Contractor be allowed on the Premises without first executing the Lessor's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to Lessor the insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP File Project No.
21 D. If Lessee’s own employees will be performing any of the Project work, Lessee may self-insure all or a portion of the insurance coverage subject to the Lessor's prior review and approval.
Article 9. FEDERAL AID POLICY GUIDE
If Lessee will be receiving any federal funding for the Project the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Lease by reference.
Article 10. NO PROJECT EXPENSES TO BE BORNE BY LESSOR
Lessee agrees that no Project costs and expenses are to be borne by the Lessor.
In addition, the Lessor is not required to contribute any funding for the Project.
Article 11. LESSOR’S COORDINATION REQUIREMENTS
Lessee shall ensure that all Project work and the scheduling thereof is coordinated and approved by Lessor in a way that does not hinder or interfere with Lessor’s freight railroad operations.
Article 12. CONDITIONS TO BE MET BEFORE COMMENCEMENT OF WORK Neither Lessee nor the Contractor may commence any Project work on or near the Premises until:
(i) The Lessor and Lessee have executed this Agreement. (ii) The Lessor has provided to Lessee the Lessor’s written approval of the Plans.
(iii) Lessee has provided a certificate of insurance to Lessor pursuant to this Lease.
(iv) Each Contractor has executed Lessor’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Lessor the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(v) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contractor's Right of Entry Agreement.
22 Article 13. OPERATIONAL REQUIREMENTS.
A. In the event Lessor, in its sole discretion, determines that any expansion, maintenance, construction, work, or other activities related to its rail operation are necessary to be performed on or near the Premises, the Lessee shall take all necessary steps to ensure that those activities can be executed without interference by Lessee, its Project, or the rights granted to Lessee under this Lease.
B. Lessee fully understands and acknowledges that the preceding paragraph allows Lessor to require the adjustment, relocation, and or removal of any portion of the Project.
Article 14. INSURANCE.
C. Throughout the entire term of this Lease, Lessee shall maintain the insurance coverage required under Exhibit D hereto attached and made a part hereof.
D. Not more frequently than once every two years, Lessor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.
E. Lessee shall provide to Lessor a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit D on an annual basis with the first certificate to be delivered to Lessor upon the Commencement Date of this Lease.
F. In the event Lessee’s insurance coverage is canceled, lapses, expires or is not effective in any way for any reason, Lessee shall immediately notify Lessor and take all necessary measures to secure the Project and monitor the Premises and surrounding area to prevent trespassers from entering upon the Premises or Lessor’s adjacent right or way use of the Project until Lessee obtains the required insurance coverage and provides evidence to the Lessor pursuant to this Article 7.
G. All insurance correspondence shall be directed to: Real Estate Department, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690, Project No. 0714959.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written.
Lessor: Lessee:
UNION PACIFIC RAILROAD COMPANY CITY OF DUNSMUIR
By: ________________________________ By: _________________________________ 23 VP
- Real Estate Name: ___________________________
Title: ____________________________
24 Long-Term Lease
(Unimproved Property)
Form Approved, Law
EXHIBIT B
TO
INDUSTRIAL LEASE (UNIMPROVED)
Section 1. IMPROVEMENTS.
No improvements placed upon the Premises by Lessee shall become a part of the realty.
Section 2. RESERVATIONS, TITLE AND PRIOR RIGHTS.
A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises.
B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including, without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with unreasonably.
C. Lessee acknowledges that Lessor makes no representations or warranties, express or implied, concerning the title to the Premises, and that the rights granted to Lessee under this Lease do not extend beyond such right, title or interest as Lessor may have in and to the Premises. Without limitation of the foregoing, this Lease is made subject to all outstanding rights, whether or not of record. Lessor reserves the right to renew any such outstanding rights granted by Lessor or Lessor's predecessors.
D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere in any manner with the use or operation of any signboards now or hereafter placed on the Premises or with any property uses in connection with such signboards (such as, by way of example and not in limitation, roadways providing access to such signboards). In no event may Lessee construct on the Premises any improvements that interfere in any manner with the visibility or operation of any signboards now or hereafter on the Premises or on property in proximity to the Premises.
Section 3. PAYMENT OF RENT.
Rent (which includes the fixed advance rent and all other amounts to be paid by Lessee under this Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated by the Lessor, and without offset or deduction.
Section 4. TAXES AND ASSESSMENTS.
25 A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's bill.
B. If the Premises are specially assessed for public improvements, the annual rent will be automatically increased by 12% of the full assessment amount.
Section 5. WATER RIGHTS.
This Lease does not include any right to the use of water under any water right of Lessor, or to establish any water rights except in the name of Lessor.
Section 6. CARE AND USE OF PREMISES.
A. Lessee shall use reasonable care and caution against damage or destruction to the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a hazard.
B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business.
C. If any improvement on the Premises other than the Lessor Improvements is damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill.
D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for subdividing or platting the Premises.
Section 7. ENVIRONMENTAL PROTECTION.
Lessor manages all properties under its jurisdiction, custody, and control in accordance with legally applicable federal, state, and local environmental laws, regulations, ordinances, plans, permits, policies, procedures, and/or other legal requirements (hereinafter “Environmental Law Requirements”). Lessor expects lessees to do the same to ensure leased properties are not impacted in a negative way by lessees’ operations or activities.
26 Accordingly, in addition to the Environmental Law Requirements directly applicable to Lessee’s operations and/or activities, Lessee shall adhere to the following lease requirements:
A Substances, Materials, and Wastes (Hazardous): Unless explicitly authorized by the Lessor under the terms of this Lease, Lessee shall not use or permit the use of the Premises for the generation, treatment, manufacture, production, storage, handling, or recycling of any hazardous substance, material, or waste, as those terms are defined by applicable federal, state, and/or local laws and regulations. To gain authorization, Lessee must disclose the name of the hazardous substance, material, or waste to Lessor and provide a copy of the applicable safety data sheet (SDS) or other documentation which identifies relevant risks, appropriate management, and emergency response strategies. If Lessor chooses to authorize, it can impose additional obligations upon Lessee to ensure potential risks to human health and/or the environment, or potential impacts to the Premises, are properly managed. Lessee may store and use small quantities (i.e., less than one pound or one gallon) of common household chemicals, such as adhesives, lubricants, and cleaning fluids, without explicit Lessor authorization, but Lessee must ensure such chemicals are properly managed.
B Substances, Materials, and Wastes (Non-Hazardous): Lessee shall not use or permit the use of the Premises for the generation, treatment, manufacture, production, storage, handling, or recycling of any non-hazardous substance, material, or waste that has the potential to adversely alter or impact the Premises or trigger a nuisance complaint from local residents, businesses, and/or regulatory authorities.
C. Environmental Release Incident - Emergency Response:
a. In the event of an unpermitted or unauthorized emission, discharge, or release of substances, pollutants, or contaminants into the environment (hereinafter “Environmental Release Incident”), Lessee shall immediately notify the appropriate federal, state, and local emergency response authorities, followed by telephone notification to the Lessor as soon as possible following initial discovery of the Environmental Release Incident.
b. Lessee shall perform emergency response in accordance with directions given by legally authorized emergency response authorities on the scene and/or Lessor’s emergency response personnel. Following emergency response, Lessee shall coordinate with Lessor’s environmental management personnel and the lead environmental agency to complete post-emergency environmental recovery and remediation activities, as necessary to restore impacted Lessor property to its preincident condition.
D. Environmental Impacts and/or Impairments – Liability:
a. Consistent with, and without limitation to the provisions of Section 12 of this Lease, Lessee shall assume liability and be responsible for all damages, losses, costs, expenses, claims, fines, and/or penalties arising from any environmental impact and/or impairment to the Premises caused by or connected to Lessee’s operations or 27 activities, including the costs associated with investigation, restoration, remediation, removal, closure, and post-closure monitoring and assessment. Lessee’s obligations under this provision shall apply regardless of Lessor’s authorization for Lessee to store or use any hazardous or non-hazardous substance, material, or waste on the Premises, and regardless of any alleged negligence, misconduct, or strict liability of any indemnified party (as defined by Section 12). Lessee’s liability shall also extend to any diminution in value to the Premises and/or the adjacent properties of any indemnified party.
b. Pre-Existing Conditions: If Lessee believes an environmental impact or impairment is associated with a pre-existing condition, Lessee must demonstrate with analytical data supported by a certified laboratory report, that its operations and/or activities did not cause, add to, or exacerbate the identified environmental impact or impairment.
E. Control Measure Remedies: Restrictive covenants, use controls, environmental deed restrictions, or any other limitation (hereinafter “Control Measure Remedy”) placed upon Lessor’s property is not an acceptable alternative to complete removal and/or remediation of an environmental impact or impairment. If a Control Measure Remedy is proposed:
a. Lessee agrees that Lessor’s consent is required to implement a Control Measure Remedy that will allow any hazardous or non-hazardous substance, pollutant, or contaminant to remain on the impacted site, and that such consent may be granted only if the Control Measure Remedy will not interfere with the Lessor’s current and/or future use of the Lessor’s property.
b. If Lessor agrees to a Control Measure Remedy, additional requirements, including but not limited to appropriate compensation to recover costs for diminution of value and/or encumbered future use of Lessor’s property, will apply. c. Lessee agrees that Lessor’s exclusive consent is required to record an environmental deed restriction to support a Control Measure Remedy, and that such a measure may be rescinded or declared invalid by Lessor, without Lessee’s opposition, if Lessor’s explicit consent is not granted.
F. Environmental Review: Before this Lease can be terminated, cancelled, or assigned, or upon routine management review, Lessor may enter the Premises to inspect it for evidence of potential environmental impacts, impairments, or other conditions that may pose a risk to human health or the environment. If Lessor identifies any condition that it believes, in its sole discretion, poses a risk to human health or the environment, Lessor may direct Lessee to procure, at its sole cost and expense, a soil and groundwater assessment (SGA) performed by a properly licensed environmental consultant. If the SGA confirms Lessor’s concerns, Lessee will initiate steps to resolve the environmental impact, impairment, or condition to Lessor’s satisfaction. Lessee further agrees that Lessor may require Lessee to perform any required work within the framework of a government agency-administered cleanup program.
28 G. Environmental Information: Lessee agrees to provide Lessor all findings, data, reports, laboratory analyses, and other information relevant to an environmental impact, impairment, or concern that may exist on the Premises. Lessee agrees further that Lessor may share any such information with authorized regulatory authorities and/or other subject matter experts.
H. Lessor’s Right to Intervene and Recover Costs: In addition to the other rights and remedies of the Lessor under this Lease or as conveyed by law, if Lessee fails to investigate and/or remediate any environmental impact, impairment, or concern that Lessor believes may pose a risk to human health or the environment, Lessor may proceed to perform an investigation and implement remedial action as appropriate to eliminate risks to human health or the environment. In doing so, Lessor reserves all rights and remedies available to it under federal, state and local law, and/or under the terms of this Lease, to seek cost recovery, contribution, and/or indemnity from Lessee.
I. Underground Storage Tanks: The installation of an underground storage tank on the Premises is prohibited.
Section 8. UTILITIES.
A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to Lessee.
B. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor.
Section 9. LIENS.
Lessee shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right to discharge any such liens at Lessee's expense.
Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES.
A. No alterations, improvements or installations may be made on the Premises without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such consent shall be conditioned upon strict conformance with all applicable governmental requirements and Lessor's then-current clearance standards.
B. All alterations, improvements or installations shall be at Lessee's sole cost and expense.
C. Lessee shall comply with Lessor's then-current clearance standards, except (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking 29 possession of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation.
D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance.
Section 11. AS-IS.
Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises.
Section 12. RELEASE AND INDEMNITY.
A. As a material part of the consideration for this Lease, Lessee, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against, any loss, damage (including, without limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of Lessor or Lessee) (i) for personal injury or property damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or any breach of this Lease by Lessee. Lessee’s duty to defend shall arise immediately upon tender of a claim with counsel reasonably acceptable to Lessor; if there is a conflict, Lessor may select separate counsel at Lessee’s expense. Lessee must advance costs pending final allocation.
B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole active direct negligence of any Indemnified Party.
C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 12.
D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 12. 30 Section 13. TERMINATION.
A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive days.
B. Lessor may terminate the Lease immediately if Lessor determines, in its sole discretion, the Project or Use endangers operations, safety or regulatory compliance.
C. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee may terminate this Lease without cause upon thirty (30) day’s written notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored the Premises as required in Section 15A, at which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwithstanding anything to the contrary in this Lease, if Lessee has not complied with the requirements of Section 15 A, this Lease, together with all terms contained herein (including payment of rent) will remain in effect until the requirements of Section 15A are met, unless Lessor, in its sole discretion, elects to terminate this Lease.
Section 14. LESSOR'S REMEDIES.
Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity.
Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages.
Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY.
A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or demand for possession, and (ii) shall have removed from the Premises all structures, property and other materials not belonging to Lessor, including all personal property and restored the surface to as good a condition as the same was in before such structures were erected, including, without limitation, the removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish.
31 B. If Lessee has not completed such removal and restoration prior to termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal and restoration is completed.
Section 16. FIBER OPTICS.
Lessee shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried on the Premises. If cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or destruction of any telecommunications system.
Section 17. NOTICES.
Any notice, consent or approval to be given under this Lease shall be in writing, and personally served, by email or by reputable courier service, or sent by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: AVP - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha, Nebraska 68179; and to Lessee at the above address, or such other address as a party may designate in notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Mail. Notices which are faxed, emailed, are personally served or sent by courier service shall be deemed served upon receipt.
Section 18. ASSIGNMENT.
A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent shall be void and shall be a default by Lessee.
B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
Section 19. CONDEMNATION.
If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding 32 the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or damage to Lessee's business.
Section 20. ATTORNEY'S FEES.
If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees.
Section 21. RIGHTS AND OBLIGATIONS OF LESSOR.
If any of the rights and obligations of Lessor under this Lease are substantially and negatively affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to this Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible.
Section 22. MODIFICATION, WAIVER OF DEFAULT, ENTIRE AGREEMENT.
No waiver, modification or amendment to this Lease, including specifically but not limited to, any indemnity and/or insurance requirement herein, shall be of any force or effect unless made in writing, signed by Lessor and Lessee and specifying with particularity the nature and extent of such waiver, modification or amendment. This Lease is the entire agreement between the parties, and supersedes all other oral or written agreements between the parties pertaining to this transaction, and any other lease under which all or any portion of the Premises was leased to Lessee.
Notwithstanding the prior sentence, Lessee shall retain any and all obligations and liabilities which may have accrued under any other such agreements prior to the commencement of the term of this Lease.
Section 23. WATER WELL(S).
The installation of new water well(s) or use of existing water well(s) or other equipment or facilities designed to secure potable or non-potable water from sources on the leased premises, or from any adjoining property owned or operated by Lessor, is prohibited.
Section 24. COUNTING OF DAYS.
For the purposes of this Lease, any reference to a period of days shall be deemed to refer to calendar days, unless otherwise specified. If the last day of any period falls on a Saturday, Sunday, or legal holiday, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday. All time periods shall be calculated from the day after the event triggering the period.
Section 25. SURVIVAL OF OBLIGATIONS.
33 Notwithstanding the termination or expiration of this Lease Agreement, the obligations of the Lessee and Lessor with respect to indemnity, insurance, environmental compliance, restoration, cost-recovery, no-dedication/no-easement, and confidentiality/records shall survive such termination or expiration. The parties agree that these obligations are essential to the protection of their respective interests and shall continue in full force and effect until fully satisfied or discharged, as applicable. The Lessee and Lessor shall remain bound by these obligations and shall perform all necessary actions to ensure compliance with the terms set forth herein.
Section 26. SECURITY, TRESSPASS, AND CROWD MANAGEMENT PLAN.
A. Lessee shall prepare and implement a comprehensive security plan, subject to prior written approval by Lessor, to ensure the prevention of trespass onto tracks and Right-of-Way. The security plan shall include, but not be limited to, the installation and maintenance of fencing, barriers, patrols, surveillance cameras, adequate lighting, signage, and crowd control measures. Lessee shall be solely responsible for staffing and funding security measures. In the event Lessee fails to implement or maintain the approved security plan, Lessor shall have the right to deploy necessary security measures at Lessee’s sole cost and expense. Lessee shall reimburse Lessor for all costs incurred in connection with such measures within thirty (30) days of receiving an invoice from Lessor. This clause shall survive the termination or expiration of this Lease.
B. The Lessee shall ensure that no public access or work is conducted within the defined windows critical to freight operations on the Premises unless expressly authorized in writing by the Lessor. Any violation of this provision shall result in immediate closure of the premises and constitute a default under this Lease, subject to the remedies outlined in this Lease. The defined windows critical to freight operations shall be communicated to the Lessee by the Lessor in writing, and any changes to these windows shall also be provided in writing.
Section 37. Choice of Law and Venue.
This Lease shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Lease shall be brought exclusively in the federal district court located in [Federal District Court Location], and the parties hereby irrevocably submit to the jurisdiction of such court for the purposes of any such action or proceeding.
34 EXHIBIT C
Union Pacific Railroad
Contract Insurance Requirements
Lease of Land
Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease (except as otherwise provided in this Lease) the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Premises” as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Premises” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to:
Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.
If Lessee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S.
Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
In any and all Claims against Lessor by any employee of Lessee, Lessee’s indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under any workers compensation acts, disability benefits acts or other employee benefits acts. 35 D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation, handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.
If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.
E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.
Other Requirements
F. All policy(ies) required above must include Lessor as “Additional Insured” using ISO Additional Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Lessor’s negligence whether sole or partial, active or passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease.
G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers’ liability or commercial umbrella or excess liability insurance obtained by Lessee required by this agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises are located.
I. All insurance policies must be written by a reputable insurance company acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Premises are located.
J. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will not be limited by the amount of the required insurance coverage.
36
City of Dunsmuir
STAFF REPORT
RE: Budget amendments for 2025.2026 and 2026.2027 MEETING DATE: 6/18/26 SUBMITTED BY: Interim City Manager
PURPOSE OF REPORT: Information only Discussion Action Item PLACEMENT ON AGENDA: New Business Old Business Consent
Special Presentation Public Hearing
WHAT IS BEING ASKED OF THE CITY COUNCIL: Amend the budget for 2025.2026 and 2026.2027 BACKGROUND/DISCUSSION: The City Council adopted the 2025-2027 budget. The attached represent amendments to both years of the adopted budget
OPTIONS: Amend or provide other direction
FISCAL IMPACT:
None Yes Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: see attached Affected fund(s): General Fund Water Fund Sewer Fund Other: see attached Comments:
SUGGESTED MOTIONS: Motion to amend the 2025.2026 and 2026.2027 budgets as shown in the attached spreadsheet,
Attachments: Budget amendments
37 10-000-4120.00 SALES & USE TAX 145,000 150,000
10-000-4125.00 TRANSACTION & USE TAX 105,000 120,000
10-000-4130.00 TRANSIENT OCCUPANCY TAX 430,000 450,000
10-000-4210.00 BUILDING PERMITS 30,000 30,000
10-000-4550.00 VLF NET 250,000 260,000
10-509-4670.00 Public Safety FEDERAL GRANTS 200,000 205,000 10-502-7100.00 SALARIES 80,000 45,200
10-505-7300.51 Attorney - code enforce 120,000 100,000
10-505-7301.21 City Attorney - contract 145,000 115,000 10-506-7300.56 ProfSrvcs-Planning cntrct 60,000 50,000
10-507-8211.00 Capital Outlay 40,000 5,000
10-513-8235.00 Storm Drain Projects 11,000 10,000
20-000-7730.00 UTILITIES 85,000 90,000
20-201-7300.00 PROFESSIONAL SERVICES 125,000 125,000
30-000-7330.00 CONTRACT LAB ANALYSIS 20,000 20,000
40-000-7151.00 LIABILITY INSURANCE 5,000 5,000
38