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12/19/22 COUNCIL AGENDA
CITY OF CRESCENT CITY
Mayor Isaiah Wright Mayor Pro Tem Blake Inscore
Council Member Raymond Altman Council Member Jason Greenough MONDAY DECEMBER 19, 2022 6:00 P.M.
ZOOM PHONE NUMBER: 1 (253) 215-8782
ZOOM WEBINAR ID: 897 1375 1316
MUTE / UNMUTE PRESS *6
RAISE HAND PRESS *9
CLOSED SESSION BEGINS AT 5:00 P.M.
OPEN SESSION BEGINS AT 6:00 P.M.
The public may access and participate in the public meeting using one or more of the following methods:
1) Attend the meeting in person, public comment at the podium will be allowed. 2) Participate live online via Zoom (details below) or by utilizing the link to join the meeting posted on both the City of Crescent City – City Hall Facebook page and the City of Crescent City website (www.crescentcity.org), public comment may be made by using the raise hand feature on Zoom;
3) Watch the meeting via livestream on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 4) Public comments may be made in advance by submitting written comment via [email protected] or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the City Council and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting.
Notice regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (707)464-7483, ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-
35.104 ADA Title II]. For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, Crescent City, CA or on our website:
www.crescentcity.org
CLOSED SESSION
Call to order
AGENDA
REGULAR CITY COUNCIL MEETING
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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12/19/22 COUNCIL AGENDA
Roll call
ANNOUNCEMENT OF CLOSED SESSION ITEMS
• Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(d)(1)): Bertsch-Ocean View Community Services District v. City of Crescent City (Del Norte Superior Court Case No. CVUJ-2020-1287), City of Crescent City v. Lounge Chair Investments, et al (Del Norte Superior Case No. CVUJ-2022- 1131)
• Conference with Legal Counsel – Potential Litigation (Gov. Code § 54956.9(d)(4)):
2 cases
• Conference with Legal Counsel – Anticipated Litigation (Gov. Code § 54956.9(d)(2)): Claims of Mark Steinkamp (2)
• Conference with Labor Negotiator (Gov. Code § 54957.6): Agency Representative – Eric Wier; Employee Organizations – Crescent City Police Officers’ Association, Clerical Employees of Crescent City
OPEN SESSION
Call to order
Roll call
Pledge of Allegiance
REPORT OUT ON CLOSED SESSION
PUBLIC COMMENT PERIOD
Any member of the audience is invited to address the City Council on any matter that is within the jurisdiction of the City of Crescent City. Comments of public interest or on matters appearing on the agenda are accepted. Note, however, that the Council is not able to undertake extended discussion or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward the entire Council. Any comments that are not at the microphone are out of order and will not be a part of the public record. After receiving recognition from the Mayor, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes. The public is additionally allotted three minutes each in which to speak on any item on the agenda prior to any action taken by the Council.
➢ Reports, Concerns, Referrals, Council travel and training reports – In accordance with Gov’t Code § 54954.2(a), City Council Members may make brief announcements or brief reports on their own activities. They may ask questions for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda.
CEREMONIAL ITEMS
1. Sex Trafficking Awareness Month Proclamation
2. Oath of Office for new police officer – Connor Sperling
3. Oath of Office for Sergeant Alex Pearson
REPORTS AND PRESENTATIONS
4. Report from Sheriff Scott on Del Norte Sheriff’s Office Operations 3 | P a g e
12/19/22 COUNCIL AGENDA
CONSENT CALENDAR
5. Council Meeting Minutes
• Recommendation: Approve the November 21, 2022 meeting minutes of the City Council.
6. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period November 26, 2022 through December 9, 2022.
7. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending December 3, 2022, paid December 9, 2022
8. 2023 Regular City Council Meeting Calendar
• Recommendation: Approve and adopt Resolution No. 2022-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING THE 2023
REGULAR CITY COUNCIL MEETING CALENDAR
9. Acceptance of Grant from the State Coastal Conservancy for the Tolowa Coastal Stories Project
• Recommendation: Approve and adopt Resolution No. 2022-83, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE Tolowa Coastal Stories Project
• Approve and adopt Resolution No. 2022-84, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
10. Approve Amendment #3 to Contract with Hambro/WSG for the Hauling and Disposal of WWTP Sludge to Extend the Service for One Year and Increase Compensation • Recommendation: Approve and authorize the City Manager to execute the Third Amendment to the Municipal Sludge Hauling Agreement Between the City of Crescent City and Hambro/WSG
11. Budget Amendments to CDBG 2020 and Coronavirus Response (CDBG CV) Food Pantry Subrecipient Agreements
• Recommendation: Approve and authorize the City Manager to execute Amendment No. 1 to the Subrecipient Agreement between the City of Crescent City and Family Resource Center of the Redwoods for Pacific Pantry Services • Approve and authorize the City Manager to execute Amendment No. 3 to the Subrecipient Agreement between the City of Crescent City and Family Resource Center of the Redwoods for Mobile Pantry Services
12. Wonder Bus MOU; Annual Financial Contribution to Maintenance Fund • Recommendation: Authorize the City Manager to sign a revised Memorandum of Understanding between the Del Norte Child Care Council, First 5 Del Norte, the Del Norte County Office of Education, the City of Crescent City, the Del Norte County Library, Del Norte Child Support Services, and SeaQuake Brewing to support the Wonder Bus Early Literacy and Family Engagement Programs as a Collaborative Partnership
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12/19/22 COUNCIL AGENDA
13. Amendment #1 to CCPOA MOU Side Letter Agreement Pertaining to Police Academy Sponsorship Program
• Approve and adopt Resolution No. 2022-85, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING AMENDMENT NO. 1
TO THE SIDE LETTER AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT CITY POLICE OFFICERS’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
14. Amador Tank Phase 3 Rehabilitation: Letter of Support for Elk Valley Rancheria Grant Application
• Recommendation: Ratify the City Manager’s signature on the Letter of Support for Amador Tank Phase 3 Bureau of Reclamation Grant Application by Elk Valley Rancheria
PUBLIC HEARING
15. Government Claims Procedure Update
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• Waive full reading, read by title only and adopt Ordinance No. 834, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER
1.20, CLAIMS, OF TITLE 1, GENERAL PROVISIONS, OF THE CRESCENT CITY
MUNICIPAL CODE TO DELEGATE AUTHORITY TO THE CITY MANAGER
ADJOURN TO THE CRESCENT CITY HOUSING AUTHORITY
CALL TO ORDER
ROLL CALL
CONSENT CALENDAR
16. Meeting Minutes
• Recommendation: Approve the November 21, 2022 regular meeting minutes of the Crescent City Housing Authority.
PUBLIC HEARING - None
NEW BUSINESS
17. Conditionally Award 70 Project Based Vouchers to the Battery Point Apartments Project
• Recommendation: Hear staff report
• Technical questions from the Board
• Receive public comment
• Further Board discussion
• Conditionally award 70 Project Based Vouchers (PBV’s) to Synergy for use at Battery Point Apartments, pending completion of NEPA review and subsidy layering analysis 5 | P a g e
12/19/22 COUNCIL AGENDA
prior to execution of an agreement to enter into an Agreement to execute a Housing Assistance Payments Contra( AHAP)
• Approve and adopt Resolution No. HA2022-04, A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE CRESCENT CITY HOUSING AUTHORITY APPROVING THE
SELECTION OF A HOUSING CHOICE VOUCHER PROJECT BASED VOUCHER
PROPOSAL
18. Proposed Revisions to Administrative Plan: Chapter 17, Project Based Vouchers • Recommendation: Hear staff report
• Technical questions from the Board
• Receive public comment
• Further Board discussion
• Approve proposed revisions to Administrative Plan Chapter 17: Project Based Vouchers, as presented
ADJOURNMENT
Adjourn to the next meeting of the Crescent City Housing Authority Board of Directors on Tuesday, January 17, 2023 in the Board Chambers at 981 H Street, Crescent City, CA 95531
RECONVENE CITY COUNCIL MEETING
CONTINUING BUSINESS
19. Fred Endert Municipal Pool Building Improvements
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign the Cancellation Agreement and Mutual Release for the Fred Endert Municipal Pool Building Improvements Contract with Johnson Controls, Inc.
• Direct staff to bring back a consultant agreement to prepare design documents and specifications for the Fred Endert Municipal Pool Building Improvements
NEW BUSINESS
20. LuLish Marketing Services Update & Task Order Approval • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign LuLish Task Order No. 3 • Approve and adopt Resolution No. 2022-86, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
21. Reclassification of Recreation Lead Position to Economic Development and Recreation Assistant
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
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12/19/22 COUNCIL AGENDA
• Approve and adopt Resolution No. 2022-87, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE POSITION CONTROL SCHEDULE FOR FISCAL YEAR 2022-23
22. Allocate Funds for Sister City Kiosk and to Update Tsunami Walking Tour Kiosks • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-88, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
CITY COUNCIL ITEMS
➢ Legislative Matters – Consider miscellaneous legislative matters pertinent to the City of Crescent City. Authorize the Mayor to sign the appropriate letters and/or positions with respect to such matters.
➢ City Manager Report and City Council Directives – Pursuant to Crescent City Municipal Code § 2.08.200, the City Council may instruct the city manager on matters of importance to the administrative services of the City and provide direction with respect to subordinates of the City Manager. (Directives from individual Council Members that are not objected to by any member present shall be considered an order of the City Council.)
ADJOURNMENT
Adjourn to the special joint meeting of the City Council of the City of Crescent City and Redwood Coast Transit Authority scheduled for Tuesday, January 3, 2023 at 4:30 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
POSTED:
December 15, 2022
/s/ Robin Altman
City Clerk/Administrative Analyst
Vision:
The City of Crescent City will continue to stand the test of time and promote quality of life and community pride for our residents, businesses and visitors through leadership, diversity, and teamwork.
Mission:
The purpose of our city is to promote a high quality of life, leadership and services to the residents, businesses, and visitors we serve. The City is dedicated to providing the most efficient, innovative and economically sound municipal services building on our diverse history, culture and unique natural resources.
Values:
Accountability
Honesty & Integrity
Excellent Customer Service
Effective & Active Communication
Teamwork
Fiscally Responsible
Proclamation
of the
City of Crescent City
WHEREAS, Soroptimist International is committed to improving the lives of women and girls in local communities and throughout the world; and
WHEREAS, Soroptimist International launched its trafficking awareness campaign project called Soroptimist STOP Trafficking on January 11, 2009-The National Day of Human Trafficking Awareness; and
WHEREAS, Soroptimist International of Crescent City has joined with Soroptimist around the world to raise awareness about the devastating problem of human trafficking, sexual exploitation, and slavery; and
WHEREAS, human trafficking is the illegal recruitment and movement of people for the purpose of sexual exploitation and forced labor; and
WHEREAS, human trafficking is a worldwide epidemic with an estimated 24.9 million people trafficked, seventy percent of whom are women, up to half of whom are children, in some form of slavery today and is tied for the second largest criminal enterprise; and WHEREAS, it is estimated that more than 190,000 people are trafficked in the United States each year. Human Trafficking is a multi-billion dollar a year industry; and the fastest growing industry; WHEREAS, we must all work together to end human trafficking and sexual exploitation around the world and in our local communities through education and awareness; and WHEREAS, all persons should actively oppose and report individuals, groups, or organizations, who support, advance or commit acts of human trafficking and sexual exploitation; and WHEREAS, Soroptimist International of Crescent City promotes Human Trafficking awareness campaigns throughout the year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Crescent City opposes human trafficking/sexual exploitation and promotes Human Trafficking Awareness throughout the year and recognizes the need for an annual resolution to promote public awareness.
Soroptimist International of Crescent City Stop Trafficking Awareness Campaign _________________________________
Mayor Isaiah Wright
CITY OF CRESCENT CITY
Oath or Affirmation of Allegiance for Public Officers and Employees The Execution of this Oath is Required by Article 20, Section 3, of the Constitution of the State of California, I, Connor Sperling, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
Connor Sperling, Police Officer _____________________________________________
NAME AND TITLE OF PUBLIC OFFICER/EMPLOYEE SIGNATURE OF PUBLIC OFFICER/EMPLOYEE Subscribed and sworn to before me this 19th day of December, 2022. ___ Robin Altman, City Clerk ______________________________________________
NAME AND TITLE OF OFFICER ADMINISTERING OATH SIGNATURE OF OFFICER ADMINISTERING OATH
CITY OF CRESCENT CITY
Oath or Affirmation of Allegiance for Public Officers and Employees The Execution of this Oath is Required by Article 20, Section 3, of the Constitution of the State of California, I, Alex Pearson, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
Alex Pearson, Police Sergeant __________________________________________
NAME AND TITLE OF PUBLIC OFFICER/EMPLOYEE SIGNATURE OF PUBLIC OFFICER/EMPLOYEE Subscribed and sworn to before me this 19th day of December, 2022. ___ Robin Altman, City Clerk ______________________________________________
NAME AND TITLE OF OFFICER ADMINISTERING OATH SIGNATURE OF OFFICER ADMINISTERING OATH
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11/21/22 COUNCIL MINUTES
CITY OF CRESCENT CITY
Mayor Jason Greenough Mayor Pro Tem Isaiah Wright
Council Member Raymond Altman Council Member Blake Inscore MONDAY NOVEMBER 21, 2022 6:00 P.M.
CLOSED SESSION
Call to order Mayor Greenough called the closed session to order at 5:01 p.m.
Roll call Council Members present: Council Member Ray Altman, Council Member Blake Inscore, Mayor Pro Tem Isaiah Wright and Mayor Jason Greenough Staff present: City Manager Eric Wier, City Attorney Martha Rice, and City Clerk/Administrative Analyst Robin Altman
ANNOUNCEMENT OF CLOSED SESSION ITEMS
• Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9(d)(1)): Bertsch-Ocean View Community Services District v. City of Crescent City (Del Norte Superior Court Case No. CVUJ-2020-1287), City of Crescent City v. Lounge Chair Investments, et al (Del Norte Superior Case No. CVUJ-2022- 1131)
• Conference with Legal Counsel – Potential Litigation (Gov. Code § 54956.9(d)(4)): 4 cases
There were no comments from the public on closed session items.
The closed session adjourned at 6:00 p.m.
OPEN SESSION
Call to order Mayor Greenough called the open session to order at 6:02 p.m.
Roll call Council Members present: Council Member Ray Altman, Council Member Blake Inscore, Mayor Pro Tem Isaiah Wright, and Mayor Jason Greenough
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Finance Director Linda Leaver (via Zoom), Human Resources Manager Sunny Gonzales (via Zoom), Economic Development and Recreation Director Ashley Taylor, Housing Authority Executive Director Megan Miller, Grants and Economic Development
Coordinator Bridget Lacey and Sergeant Ed Wilson
MINUTES
REGULAR CITY COUNCIL MEETING
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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11/21/22 COUNCIL MINUTES
Pledge of Allegiance led by Mayor Greenough
REPORT OUT ON CLOSED SESSION
City Attorney Rice reported no actions were taken on closed session items.
PUBLIC COMMENT PERIOD
The following citizens addressed the Council:
Beau Smith: announced that he had submitted his resignation to the Council and stated his appreciation for working for the City.
CEREMONIAL ITEMS
1. Service Above Self Proclamation
Mayor Greenough gave a history on the proclamation, read the proclamation aloud and presented it to Captain Bill Barlow and Firefighter Becky Barlow. Fire Chief Carey thanked the Wakefield family for the creation of this special proclamation. Chief Carey spoke about the dedication of the Barlow’s to the fire department and thanked the Barlow’s for their service to the Department.
REPORTS AND PRESENTATIONS - None
CONSENT CALENDAR
2. Council Meeting Minutes
• Recommendation: Approve the September 20, 2021, October 4, 2021, December 29, 2021, October 25, 2022 and November 7, 2022 meeting minutes of the City Council.
3. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period October 29, 2022 through November 11, 2022.
4. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending November 5, 2022, paid November 10, 2022
5. Budget-to-Actual Financial Reports for October 2022
• Recommendation: Receive and file monthly budget-to-actual financial reports of the City’s major operating funds for the month of October 2022
6. Budget Amendment for Emergency Street and Sidewalk Repairs at Englund Marine due to a Water Main Break
• Recommendation: Approve and adopt Resolution No. 2022-76, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
7. Budget Adjustment for $60,000 Contribution to Tri-Agency USDA Debt • Recommendation: Approve and adopt Resolution No. 2022-77, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
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11/21/22 COUNCIL MINUTES
8. Election to Become Subject to PEMHCA for Career Fire Captains (Health Benefits) • Recommendation: Approve and adopt Resolution No. 2022-80, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS WITH RESPECT
TO A RECOGNIZED EMPLOYEE ORGANIZATION (FIRE CAPTAINS)
There were no comments from the public.
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried unanimously on a 4-0 polled vote, the City Council of the City of Crescent City adopted the consent calendar consisting of items 2-8 as presented
PUBLIC HEARING
9. Approve Application to the State Department of Housing and Community Development for Permanent Local Housing Allocation (PLHA) Program and Adopt the 2019 2023 PLHA Plan
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• Discuss 2019-2023 PLHA Plan and application
• Approve and adopt Resolution No. 2022-79, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE APPLICATION AND ADOPTION OF THE 2019-2023 PLHA PLAN FOR THE PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM
Mayor Greenough opened the public hearing at 6:20 p.m.
Grants and Economic Development Coordinator Lacey reported to the Council on the application for the State Department of Housing and Community Development PLHA Program. She stated that the 2021-2022 funding has not been allocated. She further outlined the eligible activities for this program to include homelessness prevention. It is the Council’s top priority to address the affordable housing rentals and is the focus within the proposed 5-year plan. The fiscal impact is that there are no matching funds required, it is a non-competitive grant. If the developer does not complete the project by the deadline, the funds will have to be returned to the State. The deadline for year one is not expected to be met, therefore staff will reevaluate a project that will be eligible for the funds use. Staff is recommending the Council authorize an application for up to $485,092 in PLHA funding, adopt the proposed PLHA Plan, authorize the City Manager to sign and execute any further contracts or documents during the grant performance period and to acknowledge that the City will comply with all grant requirements. Council Member Inscore asked what is required of the City to do a plan, would it take an amendment; Coordinator Lacey stated that there will be another public hearing if amendments need to be done. Council Member Inscore asked about the loan being forgivable after ten years, what would the contractor need to do to obtain the forgivable loan; Coordinator Lacey explained that they would need to maintain that the units are specified for low to moderate income households, which is already required in the underwriting.
City Manager Wier asked for clarification that what the developer has to complete is to create two affordable housing units and maintain that for the 10-year period. Coordinator Lacey answered in the affirmative.
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11/21/22 COUNCIL MINUTES
Greenough asked if there is any liability to the City; Coordinator Lacey stated the underwriter would cover that; City Attorney Rice stated that the City would be required to repay the loans if the project isn’t completed, it is covered by underwriters. Council Member Altman asked if the only deadline we are concerned with is the year one deadline; Coordinator Lacey stated that because there is a concern that we won’t be able to accomplish much in that year is the reason why it’s a focus.
There were no comments from the public.
Mayor Greenough closed the public hearing at 6:39 p.m.
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried unanimously on a 4-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2022-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE APPLICATION AND ADOPTION OF THE 2019-2023
PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM Mayor Greenough adjourned to the Crescent City Housing Authority at 6:40pm
ADJOURN TO THE CRESCENT CITY HOUSING AUTHORITY
(Minutes will be on the agenda for the next meeting of the Housing Authority)
RECONVENE CITY COUNCIL MEETING
Mayor Greenough reconvened the City Council meeting at 6:42 p.m.
CONTINUING BUSINESS
13. California State Coastal Conservancy Tolowa Coastal Stories Grant Acceptance • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize the City Manager to sign and execute Coastal Stories Grant Agreement with California State Coastal Conservancy and any amendments thereto Grants and Economic Development Coordinator Lacey reported to the Council that the Coastal Conservancy reached out to the City to apply for this funding and the City was then awarded $200k which was 100% of the grant funding request. This funding will be used to expand the proposed Tolowa Cultural Interpretive Area with Indigenous Plantings in Beachfront Park by installing new storytelling elements at other relevant sites such as Battery Point and Brother Jonathan Park. City Manager Wier stated that the City is also working with the Beachfront Park consultant on this item and a resolution will come before the Council at a future meeting to officially accept the award.
There were no comments from the public.
On a motion by Mayor Pro Tem Wright, seconded by Council Member Inscore, and carried on a 4-0 polled vote, the City Council of the City of Crescent City authorized the City Manager to sign and execute Coastal Stories Grant Agreement with California State Coastal Conservancy and any amendments thereto
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11/21/22 COUNCIL MINUTES
NEW BUSINESS
14. 2022 Proposition 1 Integrated Regional Water Management (IRWM) Project Application for Secondary Water Source
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Receive and file the GHD Groundwater Well Feasibility Study • Ratify the City Manager’s signature on the Proposition 1 project proposal entitled Crescent City Area Regional Water Supply Augmentation
City Manager Wier stated that this is an opportunity to address one of the City’s needs in our water system. Currently the Southbank Road Ranney collector is the City’s water source. The inspections have shown that the Ranney collector is still in good shape and providing the appropriate amount of water. What is before the Council is to have redundancy and have a well as a secondary source of water. City Manager Wier stated that if it is found to be feasible, there will be one or two wells drilled on the property owned by the City that is upstream from the Chlorination Building. Council Member Inscore asked if this is on a cost recovery program as this is getting done, much like CDBG; City Manager Wier stated that once we incur the cost is when we can ask for reimbursement. Council Member Inscore asked if the City is in the position to finance this; City Manager Wier stated that yes, the City is with this project by itself. If it were along with another project, it would have to be reconsidered. Mayor Greenough asked how the City will ensure that the flows of the connected properties will not negatively be affected; City Manager Wier stated that is the first step in the process. Orrin Plocher of Freshwater Environmental stated that tests will be conducted that will check to see if the other wells are affected. City Manager Wier stated that this can be brought back to the Council to get a report from GHD. The Council was in agreement to have a report come before the Council on the impact on adjoining properties. Council Member Altman asked if this was exploratory or a 2-year project; City Manager Wier explained that this first step would be to drill to test for impacts. Council Member Altman stated his concern over construction costs and how they are rising quickly. City Manager Wier stated that there are contingencies written in, however, it is unknown if it is enough to cover the rising construction costs. Council Member Altman asked what the 2025 deadline was for; City Manager Wier stated that the 2025 deadline would be the whole project to include the well drilling.
There were no comments from the public.
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried on a 4-0 polled vote, the City Council of the City of Crescent City ratified the City Manager’s signature on the Proposition 1 project proposal entitled Crescent City Area Regional Water Supply Augmentation
On an amended motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried on a 4-0 polled vote, the City Council of the City of Crescent City ratified the City Manager’s signature on the Proposition project proposal entitled Crescent City Area Regional Water Supply Augmentation, to receive and file the GHD Groundwater Well Feasibility Study, and to include the letter of support from the County of Del Norte
15. Government Claims Procedure Update
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
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11/21/22 COUNCIL MINUTES
• Further Council discussion
• Waive full reading, read by title only and introduce Ordinance No. 834, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 1.20, CLAIMS, OF TITLE 1, GENERAL PROVISIONS, OF
THE CRESCENT CITY MUNICIPAL CODE TO DELEGATE AUTHORITY TO THE
CITY MANAGER
City Attorney Rice reported to the Council on the amendment that had been requested at the last Council meeting. This would be to provide that if the claim is not covered by insurance that the City Manager may approve a claim with the concurrence of legal counsel and provide that any claims approved by the City Manager shall be reported to the City Council. The proposed ordinance will update the municipal code to increase the City Manager’s settlement authority from $25k to $50k as allowed by Gov. Code 935.4, authorize the City Manager to issue a notice of insufficiency to claimants that fail to include the requisite information in their claim, and to authorize the City Manager to deny claims that do not contain enough information to evaluate the merits after the claimant has been given notice of insufficiency and an opportunity to amend the claim.
There were no comments from the public.
On a motion by Mayor Pro Tem Wright, seconded by Council Member Altman, and carried on a 4-0 polled vote, the City Council of the City of Crescent City waived full reading, read by title only and introduced Ordinance No. 834, AN ORDINANCE OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 1.20, CLAIMS, OF TITLE 1, GENERAL PROVISIONS, OF THE
CRESCENT CITY MUNICIPAL CODE TO DELEGATE AUTHORITY TO THE CITY MANAGER
16. Lighthouse Cove RV Park 7-Day Pass for Redwood Parks Conservancy’s Candlelight Walk Nationwide Auction
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve giving a 7-day stay at the Lighthouse Cove RV Park to the Redwood Parks Conservancy’s Nationwide Online Auction in exchange for in-kind marketing via 1- week of visibility and recognition on the auction website and social media platforms Economic Development and Recreation Director Taylor reported to the Council that the Redwood Parks Conservancy’s Nationwide Redwood Candlelight Walk is upcoming. The City was approached to have the 7-day stay donated for the auction and felt it was a good investment since it will highlight the Park. The only exclusion would be using it during the 4th of July holiday period.
There are no comments
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried on a 4-0 polled vote, the City Council of the City of Crescent City approved giving a 7-day stay at the Lighthouse Cove RV Park to the Redwood Parks Conservancy’s National Online Auction in exchange for in-kind marketing via 1-week of visibility and recognition on the auction website and social media platforms
17. Selection of Mayor and Mayor Pro Tempore
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
7 | P a g e
11/21/22 COUNCIL MINUTES
• Further Council discussion
• Select a Mayor and Mayor Pro Tempore to serve for the next year City Clerk/Administrative Analyst Altman reported to the Council the process for nominating and selecting the Mayor and Mayor Pro Tem.
Karen Sanders: supports Mayor Pro Tem Wright as Mayor.
Council Member Inscore stated that he was asked if he was interested in being Mayor and the individual said he should be Mayor since the Sister City events are coming up. Council Member Altman stated that he respects Council Member Inscore’s experience and knowledge. He further stated that every Council Member should have an opportunity to be Mayor and it’s a natural progression for the Mayor Pro Tem to be Mayor the following year.
Council Member Altman nominated Mayor Pro Tem Wright to serve as Mayor; seconded by Council Member Inscore and carried unanimously by the City Council.
Mayor Pro Tem Wright accepted the nomination for Mayor.
There were no comments from the public.
On a motion by Council Member Inscore, seconded by Council Member Altman and carried on a 4-0 polled vote, the City Council of the City of Crescent City selected Isaiah Wright to serve as Mayor for the next year
Council Member Altman nominated Council Member Inscore to serve as Mayor Pro Tem, seconded by Mayor Greenough; Council Member Inscore accepted the nomination for Mayor Pro Tem.
On a motion by Council Member Altman, seconded by Mayor Greenough and carried on a 4-0 polled vote, the City Council of the City of Crescent City selected Blake Inscore to serve as Mayor Pro Tem for the next year.
CITY COUNCIL ITEMS
➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported the following:
o Former Council Member Beau Smith has resigned so he could apply for the Career Fire Captain position that is open.
o Measure S funds have allowed the City to accomplish a lot of things and was recently supported by the voters again.
o Fire Captains recruitment ended today and there are three qualified applicants. o Police Recruits recruitment is occurring
o There have been three applications submitted for the Public Works Director opening o There have been 13 applications come in for the Maintenance Worker position o Cultural Center Feasibility Study was done
o Veterans Day was well attended
o Christmas Light Parade will be December 2nd the Christmas tree has been harvested 8 | P a g e
11/21/22 COUNCIL MINUTES
➢ Reports, Concerns, Referrals, Council travel and training reports – Council Member Altman: stated that he has concern with the risks associated with projects being discussed tonight; appreciates Grant Coordinator Lacey and the work that she does. There needs to be contingency plans in place and wants to keep an eye on the risks the City is taking.
Appreciated being a part of the Cultural Center Feasibility Study. Attended the Taco Tuesday Fundraiser at the Cultural Center for Lighthouse Repertory Theater.
Council Member Inscore: attended the Cultural Center Feasibility Study, Visitors Bureau meeting reporting that the marketing that will be done for the City. Kyoshi Murakami from Rikuzentakata was present in Crescent City to see the Sister City mural. Tri-Agency met and cut a check to pay off the debt for the USDA loan. Senator McGuire was in town to announce that the State will be giving $2.5 million into the Del Norte Performing Arts Center.
Mayor Pro Tem Wright: asked about the leak on 3rd & I Street; City Manager Wier stated crews have marked it for the power company and will excavate to find the origin of the leak. Mayor Pro Tem Wright encouraged everyone to shop local to help local business owners for the upcoming holiday season.
Mayor Greenough: stated it has been a good two years as Mayor and appreciates Mayor Pro Tem Wright’s part on the Council. Thanked the people of Crescent City who came out in great support to keep Measure S funding continuing. Thanked City staff and volunteers; thanked the Council for the opportunity to be Mayor.
ADJOURNMENT
There being no further business to come before the Council, Mayor Greenough adjourned the meeting at 7:46 p.m. to the regular meeting of the City Council of the City of Crescent City scheduled for Monday, December 5, 2022 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
ATTEST:
____________________
Robin Altman
City Clerk/Administrative Analyst
Accounts Payable
User:
Printed:
crawlings
12/12/2022 11:09 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH PERS1 PERS Health 12/07/2022 0.00 65,440.14
ACH EDDTAX State of California EDD TAX Auto Pay 11/28/2022 0.00 7,196.86 ACH FITTAX FIT Payroll Taxes Auto Pay 11/28/2022 0.00 27,491.49 ACH EDDTAX State of California EDD TAX Auto Pay 12/02/2022 0.00 623.56 ACH FITTAX FIT Payroll Taxes Auto Pay 12/02/2022 0.00 1,750.65 ACH EDDTAX State of California EDD TAX Auto Pay 12/01/2022 0.00 59.33 ACH FITTAX FIT Payroll Taxes Auto Pay 12/01/2022 0.00 1,045.82 441863 CASTATE CA State Disbursement Unit 11/28/2022 0.00 158.76 441864 WAMUTU Crescent City Employees Association 11/28/2022 0.00 75.00 441865 CCPOLI Crescent City Police Officer's Association 11/28/2022 0.00 500.00 441866 ICMARE Icma Retirement Trust-457 11/28/2022 0.00 2,778.67 441867 PORACRMT PORAC RMT 11/28/2022 0.00 1,000.00
441868 AMFAM American Family Life 12/07/2022 0.00 1,581.47 441869 AMLIF Ameritas Life Ins. Corp. 12/07/2022 0.00 5,034.24 441870 GARYBUCH Gary R. Buchholz 12/07/2022 0.00 2,807.74 441871 CLEA California Law Enforcement Association 12/07/2022 0.00 297.00 441872 NCHEAL Sydney M Clinton 12/07/2022 0.00 420.00
441873 REDWMO Kevin J Caldwell MD Inc 12/07/2022 0.00 524.00 441874 MYERSS Myers-Stevens & Toohey Co Inc 12/07/2022 0.00 210.00 441875 PARS PARS, Public Agency Retirement 12/07/2022 0.00 300.00 441876 CAPLIVE Secure Screening Solutions, Inc 12/07/2022 0.00 198.00 441877 STANDAI Standard Insurance Company 12/07/2022 0.00 2,558.61 441878 VISION Vision Service Plan 12/07/2022 0.00 1,230.15 441879 ATTClets A T & T Corp 12/01/2022 0.00 99.87
441880 ADAMSASH Adams Ashby Group 12/01/2022 0.00 1,480.00 441881 AMAZON Amazon Capital Services, Inc 12/01/2022 0.00 928.94 441882 SUPERINS Arbolito LLC 12/01/2022 0.00 206.60
441883 Badawi Badawi & Associates 12/01/2022 0.00 11,423.25 441884 BERTSC Bertsch-Oceanview Csd 12/01/2022 0.00 35,355.74 441885 BLUEST Blue Star Gas Associates 12/01/2022 0.00 7,106.59 441886 BORGESDA Daniel Borges 12/01/2022 0.00 120.00
441887 BOWD David Bowdish Jr 12/01/2022 0.00 436.80
441888 CRENNE C Renner Petroleum Inc 12/01/2022 0.00 151.02 441889 CARAHSOF Carahsoft Technology Corporation 12/01/2022 0.00 10.00 441890 CHARTEC Charter Communications 12/01/2022 0.00 627.49 441891 CHEMTROL Chemtrol 12/01/2022 0.00 940.35
441892 CHURCH Churchtree Csd 12/01/2022 0.00 2,761.73
441893 DAILYT Country Media Inc. 12/01/2022 0.00 568.03 441894 DNCOFL D N Co Flood Control Dist 12/01/2022 0.00 2,753.47 441895 DNCOSH D N Co Sheriffs Office 12/01/2022 0.00 25,965.50 441896 DNCOUN D N Co Unified School Dst 12/01/2022 0.00 3,780.17 441897 DNHMB Del Norte High Music Boosters 12/01/2022 0.00 75.00 441898 MISSVS Virginia Delatorre 12/01/2022 0.00 1,680.00 441899 DOWNRI Down Range Investments, LLC 12/01/2022 0.00 111.54 441900 UB*05647 DAVID EASTMAN 12/01/2022 0.00 250.00
441901 EFFDEL Efficiency Delivery LLC 12/01/2022 0.00 30.00 441902 EILERE Eric Eiler 12/01/2022 0.00 138.00
AP Checks by Date - Summary by Check Number (12/12/2022 11:09 AM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 441903 ENGLUN Englund Marine Supply Co. 12/01/2022 0.00 7.92 441904 UB*05651 NORMAN EVANS 12/01/2022 0.00 155.30
441905 EXELE Exele Information Systems, Inc. 12/01/2022 0.00 509.00 441906 FASTENAL Fastenal Company 12/01/2022 0.00 31.05
441907 FERGUS Ferguson US Holdings Inc 12/01/2022 0.00 4,730.83 441908 VERIZO2 Frontier California Inc 12/01/2022 0.00 1,228.06 441909 NAPA GDMI ENT INC 12/01/2022 0.00 1,672.04
441910 UB*05655 JOHN GIMON 12/01/2022 0.00 169.95
441911 GRAING Grainger 12/01/2022 0.00 165.57
441912 HDFOWLER H. D. Fowler Company, Inc 12/01/2022 0.00 367.82 441913 HARDY Hardy Diagnostics 12/01/2022 0.00 581.49
441914 HARPER Harvey M. Harper Company 12/01/2022 0.00 650.25 441915 HEMMIN Hemmingsen Contracting Co Inc 12/01/2022 0.00 5,894.77 441916 Home Dep Home Depot Credit Services 12/01/2022 0.00 4,885.02 441917 UB*05652 MONICA ISRAEL 12/01/2022 0.00 183.71
441918 JONESCHR Christopher Jones 12/01/2022 0.00 575.00 441919 CALAUT Thomas Kinney 12/01/2022 0.00 600.00
441920 LCACTI L C Action Police Supply LTD 12/01/2022 0.00 464.39 441921 Lexipol Lexipol LLC 12/01/2022 0.00 2,903.13
441922 UB*05654 PAUL MAGUIRE 12/01/2022 0.00 433.72
441923 UB*05650 MATT MAIS 12/01/2022 0.00 117.64
441924 MAXWELLJ Jon Maxwell 12/01/2022 0.00 11.25
441925 MICROBIO Microbiologics, Inc 12/01/2022 0.00 800.15 441926 MISSIO Mission Linen Supply 12/01/2022 0.00 409.34 441927 UB*05648 JARED MITCHELL 12/01/2022 0.00 66.25
441928 NCAGLOV NCG Safety Inc 12/01/2022 0.00 777.56
441929 NCLAB North Coast Laboratories LTD 12/01/2022 0.00 55.00 441930 NORTHR Northridge Electric LLC 12/01/2022 0.00 9,103.58 441931 OCEGUEDA Cristina Ocegueda 12/01/2022 0.00 575.00 441932 JACOBS Operations Management International, Inc. 12/01/2022 0.00 125,168.02 441933 OREILLY O'Reilly Auto Enterprises LLC 12/01/2022 0.00 163.58 441934 MENDES Pacific Packaging & Supply Co Inc 12/01/2022 0.00 875.25 441935 PARKWA Parkway Feed Inc 12/01/2022 0.00 237.87
441936 SUPERI Petrusha Enterprises Inc 12/01/2022 0.00 617.25 441937 HITECHSE Pinger Industries, Inc. 12/01/2022 0.00 92.97 441938 QUADIENT Quadient Finance USA Inc 12/01/2022 0.00 54.40 441939 UB*05646 CRISSTEN RAINTREE 12/01/2022 0.00 250.00 441940 RAYMOR Ray A Morgan Company LLC 12/01/2022 0.00 356.68 441941 DNDISP Recology Del Norte 12/01/2022 0.00 1,790.28 441942 ROSSJAN Matthew Ross 12/01/2022 0.00 140.00
441943 UB*05653 SAM SCHAUERMAN 12/01/2022 0.00 79.76
441944 SHNCON SHN Consulting Engineers & Geologists Inc 12/01/2022 0.00 27,810.00 441945 SMITHBEA Beau Smith 12/01/2022 0.00 11.25
441946 SOROPTOM Soroptimist of Crescent City 12/01/2022 0.00 75.00 441947 QUILLC Staples 12/01/2022 0.00 76.73
441948 DNOFFI Debra Stover 12/01/2022 0.00 76.28
441949 STOVER Ward Stover 12/01/2022 0.00 8,990.00
441950 TIDEWA Tidewater Contractors Inc 12/01/2022 0.00 850.03 441951 UNIVAR Univar Solutions USA Inc. 12/01/2022 0.00 8,201.22 441952 CALCARDS US Bank Corporate Pmt Systems 12/01/2022 0.00 22,713.04 441953 UB*05649 JENNIFER VAZQUEZ 12/01/2022 0.00 112.07 441954 VERIZO3 Verizon Wireless Services LLC 12/01/2022 0.00 3,830.58 441955 WELTONH Heather Welton 12/01/2022 0.00 9.90
441956 CACEHA Wiececke and Associates 12/01/2022 0.00 1,345.23 441957 ZUMAR Zumar Industries Inc 12/01/2022 0.00 825.38 441958 ICMARE Icma Retirement Trust-457 12/01/2022 0.00 5,422.83 AP Checks by Date - Summary by Check Number (12/12/2022 11:09 AM) Page 2 Check No Vendor No Vendor Name Check Date Void Checks Check Amount Report Total (103 checks): 0.00 468,581.97
AP Checks by Date - Summary by Check Number (12/12/2022 11:09 AM) Page 3 AP
11-26-22 to 12-9-22 Council
User: crawlings
Printed: 12/12/2022 11:06:41 AM
Check Nu Check Date Acct 1 Description Amount Selected For V 0 11/28/2022 610-000-2185-00000 PR Batch 00002.11.2022 State Income Tax 2,799.66 False 0 11/28/2022 610-000-2185-00000 PR Batch 00022.11.2022 State Income Tax 4,397.20 False 0 11/28/2022 610-000-2189-00000 PR Batch 00002.11.2022 Federal Income Tax 9,353.42 False 0 11/28/2022 610-000-2188-00000 PR Batch 00022.11.2022 Medicare Employee Portion 1,442.53 False 0 11/28/2022 610-000-2188-00000 PR Batch 00002.11.2022 Medicare Employer Portion 1,434.12 False 0 11/28/2022 610-000-2188-00000 PR Batch 00002.11.2022 Medicare Employee Portion 1,434.12 False 0 11/28/2022 610-000-2188-00000 PR Batch 00022.11.2022 Medicare Employer Portion 1,442.53 False 0 11/28/2022 610-000-2189-00000 PR Batch 00022.11.2022 Federal Income Tax 12,384.77 False 0 12/1/2022 610-000-2185-00000 PR Batch 07911.11.2022 State Income Tax 59.33 False 0 12/1/2022 610-000-2189-00000 PR Batch 07911.11.2022 Federal Income Tax 520.14 False 0 12/1/2022 610-000-2188-00000 PR Batch 07911.11.2022 Medicare Employer Portion 262.84 False 0 12/1/2022 610-000-2188-00000 PR Batch 07911.11.2022 Medicare Employee Portion 262.84 False 0 12/2/2022 610-000-2185-00000 PR Batch 00111.12.2022 State Income Tax 623.56 False 0 12/2/2022 610-000-2188-00000 PR Batch 00111.12.2022 Medicare Employer Portion 108.63 False 0 12/2/2022 610-000-2189-00000 PR Batch 00111.12.2022 Federal Income Tax 1,533.39 False 0 12/2/2022 610-000-2188-00000 PR Batch 00111.12.2022 Medicare Employee Portion 108.63 False 0 12/7/2022 610-000-2173-00000 Dec 22 premiums - active 58,684.84 False 0 12/7/2022 001-111-4125-00000 Dec 22 admin fees - active 193.66 False 0 12/7/2022 630-111-4409-00000 Dec 22 admin fees - retiree 41.64 False 0 12/7/2022 630-000-4125-00000 Dec 22 premiums - retiree 6,520.00 False 441863 11/28/2022 610-000-2170-00000 PR Batch 00002.11.2022 Child Support-CA 158.76 False 441864 11/28/2022 610-000-2184-00000 PR Batch 00002.11.2022 CCEA Monthly Dues 75.00 False 441865 11/28/2022 610-000-2181-00000 PR Batch 00022.11.2022 CCPOA Dues 500.00 False 441866 11/28/2022 610-000-2186-00000 Plan # 306752 789.44 False 441866 11/28/2022 610-000-2178-00000 Plan # 300878 258.84 False 441866 11/28/2022 610-000-2178-00000 Plan # 300878 800.00 False 441866 11/28/2022 610-000-2178-00000 Plan # 300878 715.00 False 441866 11/28/2022 610-000-2186-00000 Plan # 306752 8.64 False 441866 11/28/2022 610-000-2186-00000 Plan # 306752 41.22 False 441866 11/28/2022 610-000-2186-00000 Plan # 306752 165.53 False 441867 11/28/2022 610-000-2182-00000 PR Batch 00011.11.2022 PORAC RMT 500.00 False 441867 11/28/2022 610-000-2182-00000 PR Batch 00022.11.2022 PORAC RMT 500.00 False 441868 12/7/2022 610-000-2174-00000 Dec 22 premiums 1,581.47 False 441869 12/7/2022 610-000-2177-00000 Dec 22 premiums 5,034.24 False 441870 12/7/2022 001-230-4407-00000 Investigation services 2,807.74 False 441871 12/7/2022 610-000-2179-00000 Dec 22 premiums 297.00 False 441872 12/7/2022 001-480-4407-00000 Pre-employment screening 195.00 False 441872 12/7/2022 001-240-4407-00000 Pre-employment screening 45.00 False 441872 12/7/2022 412-100-4407-00000 Pre-employment screening 90.00 False 441872 12/7/2022 001-364-4409-00000 Annual DOT program 90.00 False 441873 12/7/2022 001-230-4407-00000 Pre-employment physical 194.00 False 441873 12/7/2022 001-240-4407-00000 Pre-employment physical 230.00 False 441873 12/7/2022 001-350-4407-00000 DMV physical 100.00 False 441874 12/7/2022 001-240-4125-00000 Nov 22 premiums 105.00 False 441874 12/7/2022 001-240-4125-00000 Oct 22 premiums 105.00 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 1 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441875 12/7/2022 630-111-4409-00000 PARS admin fees 300.00 False 441876 12/7/2022 412-100-4407-00000 Pre-employment fingerprinting 44.00 False 441876 12/7/2022 001-230-4407-00000 Pre-employment fingerprinting 22.00 False 441876 12/7/2022 419-120-4407-00000 Pre-employment fingerprinting 7.34 False 441876 12/7/2022 001-350-4407-00000 Pre-employment fingerprinting - Smart Workforce 22.00 False 441876 12/7/2022 001-480-4407-00000 Pre-employment fingerprinting 22.00 False 441876 12/7/2022 001-120-4407-00000 Pre-employment fingerprinting 7.33 False 441876 12/7/2022 001-240-4407-00000 Pre-employment fingerprinting 22.00 False 441876 12/7/2022 001-240-4411-00000 Fingerprinting - Cindy's Cab 22.00 False 441876 12/7/2022 412-100-4407-00000 Pre-employment fingerprinting 22.00 False 441876 12/7/2022 413-120-4407-00000 Pre-employment fingerprinting 7.33 False 441877 12/7/2022 610-000-2179-00000 Dec 22 premiums 2,558.61 False 441878 12/7/2022 610-000-2175-00000 Dec 22 premiums 1,230.15 False 441879 12/1/2022 001-240-4230-00000 DOJ/CLETS Line: Oct 2022 99.87 False 441880 12/1/2022 153-485-4409-20BAGCDBG admin consultant contract: July 2022 1,280.00 False 441880 12/1/2022 153-485-4409-20fbg CDBG admin consultant contract- May 2022 200.00 False 441881 12/1/2022 001-471-4310-00000 CH Office Supplies 0.62 False 441881 12/1/2022 413-111-4310-00000 CH Office Supplies 1.46 False 441881 12/1/2022 001-470-4310-00000 CH Office Supplies 0.84 False 441881 12/1/2022 419-120-4310-00000 CH Office Supplies 8.76 False 441881 12/1/2022 413-353-4310-00000 CH Office Supplies 1.97 False 441881 12/1/2022 419-371-4310-00000 CH Office Supplies 7.57 False 441881 12/1/2022 419-371-4310-00000 stapler 75.44 False 441881 12/1/2022 420-115-4310-00000 CH Office Supplies 12.02 False 441881 12/1/2022 412-120-4310-00000 CH Office Supplies 0.93 False 441881 12/1/2022 413-353-4310-00000 CH Office Supplies 1.46 False 441881 12/1/2022 001-111-4310-00000 CH Office Supplies 2.08 False 441881 12/1/2022 419-111-4310-00000 CH Office Supplies 1.46 False 441881 12/1/2022 001-480-4310-00000 CH Office Supplies 1.35 False 441881 12/1/2022 506-506-4390-00000 speaker for downtown music 142.35 False 441881 12/1/2022 419-120-4310-00000 CH Office Supplies 11.82 False 441881 12/1/2022 001-113-4310-00000 CH Office Supplies 4.30 False 441881 12/1/2022 413-352-4310-00000 CH Office Supplies 0.93 False 441881 12/1/2022 001-251-4310-00000 CH Office Supplies 1.15 False 441881 12/1/2022 001-120-4310-00000 CH Office Supplies 10.68 False 441881 12/1/2022 413-130-4310-00000 CH Office Supplies 0.92 False 441881 12/1/2022 001-120-4310-00000 CH Office Supplies 7.91 False 441881 12/1/2022 419-371-4310-00000 CH Office Supplies 5.61 False 441881 12/1/2022 412-120-4310-00000 CH Office Supplies 1.24 False 441881 12/1/2022 412-100-4390-00000 waterproof cash bag with lock 16.23 False 441881 12/1/2022 001-480-4310-00000 CH Office Supplies 1.00 False 441881 12/1/2022 413-352-4310-00000 CH Office Supplies 0.69 False 441881 12/1/2022 001-251-4310-00000 CH Office Supplies 1.56 False 441881 12/1/2022 001-130-4310-00000 CH Office Supplies 1.55 False 441881 12/1/2022 001-112-4310-00000 CH Office Supplies 1.15 False 441881 12/1/2022 419-130-4310-00000 CH Office Supplies 0.93 False 441881 12/1/2022 001-471-4310-00000 CH Office Supplies 0.46 False 441881 12/1/2022 413-111-4310-00000 CH Office Supplies 1.97 False 441881 12/1/2022 001-112-4310-00000 CH Office Supplies 1.56 False 441881 12/1/2022 420-115-4390-00000 adapter 146.82 False 441881 12/1/2022 419-130-4310-00000 CH Office Supplies 1.24 False 441881 12/1/2022 001-480-4390-00000 waterproof cash bag with lock 16.23 False 441881 12/1/2022 001-313-4310-00000 CH Office Supplies 2.23 False 441881 12/1/2022 001-364-4390-10025 electronic level 233.38 False 441881 12/1/2022 001-113-4310-00000 CH Office Supplies 5.81 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 2 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441881 12/1/2022 412-100-4390-00000 wall mount deposit drop box; waterproof cash bag 117.98 False 441881 12/1/2022 412-100-4310-00000 CH Office Supplies 1.87 False 441881 12/1/2022 001-130-4310-00000 CH Office Supplies 1.15 False 441881 12/1/2022 001-114-4310-00000 CH Office Supplies 4.54 False 441881 12/1/2022 413-357-4310-00000 CH Office Supplies 3.52 False 441881 12/1/2022 001-111-4310-00000 CH Office Supplies 1.54 False 441881 12/1/2022 001-313-4310-00000 CH Office Supplies 3.01 False 441881 12/1/2022 413-120-4310-00000 CH Office Supplies 11.82 False 441881 12/1/2022 001-114-4310-00000 CH Office Supplies 6.12 False 441881 12/1/2022 001-364-4310-00000 CH Office Supplies 1.53 False 441881 12/1/2022 001-250-4310-00000 CH Office Supplies 1.35 False 441881 12/1/2022 413-357-4310-00000 CH Office Supplies 2.61 False 441881 12/1/2022 413-130-4310-00000 CH Office Supplies 1.24 False 441881 12/1/2022 413-120-4310-00000 CH Office Supplies 8.76 False 441881 12/1/2022 412-100-4310-00000 CH Office Supplies 1.38 False 441881 12/1/2022 001-364-4310-00000 CH Office Supplies 2.07 False 441881 12/1/2022 419-111-4310-00000 CH Office Supplies 1.97 False 441881 12/1/2022 420-115-4310-00000 CH Office Supplies 8.91 False 441881 12/1/2022 001-350-4310-00000 CH Office Supplies 3.38 False 441881 12/1/2022 001-250-4310-00000 CH Office Supplies 1.00 False 441881 12/1/2022 001-350-4310-00000 CH Office Supplies 4.57 False 441881 12/1/2022 001-470-4310-00000 CH Office Supplies 1.14 False 441882 12/1/2022 001-240-4391-00000 sound off break out box for light bar 206.60 False 441883 12/1/2022 001-120-4420-2020S Audit Services - Measure S - Progress Billing #2 1,125.00 False 441883 12/1/2022 413-120-4420-00000 Annual audit services- Progress Billing #2 4,520.70 False 441883 12/1/2022 154-485-4420-cvfpg Annual audit services- Progress Billing #2 132.30 False 441883 12/1/2022 412-120-4420-00000 Annual audit services- Progress Billing #2 198.00 False 441883 12/1/2022 419-120-4420-00000 Annual audit services- Progress Billing #2 -0.45 False 441883 12/1/2022 153-485-4420-20rcg Annual audit services- Progress Billing #2 37.80 False 441883 12/1/2022 153-485-4420-20fbg Annual audit services- Progress Billing #2 137.70 False 441883 12/1/2022 001-120-4420-00000 Annual audit services- Progress Billing #2 3,528.45 False 441883 12/1/2022 153-485-4420-20bag Annual audit services- Progress Billing #2 175.50 False 441884 12/1/2022 419-000-2115-00000 BOV Water Connection: Jul 2022 1,440.00 False 441884 12/1/2022 419-372-3821-41028 BOV Water Maintenance: Aug 2022 9,774.12 False 441884 12/1/2022 419-372-3821-41028 BOV Water Maintenance: Jul 2022 6,578.81 False 441884 12/1/2022 419-372-3821-41028 BOV Water Maintenance: Sep 2022 9,170.67 False 441884 12/1/2022 419-372-3821-41028 BOV Water Maintenance: Oct 2022 8,428.14 False 441884 12/1/2022 419-372-3821-41028 BOV Water Connection Admin: Jul 2022 -36.00 False 441885 12/1/2022 001-471-4220-00000 Propane 10/14/22-11/14/22 (ACCT# 02-0065468) 22.49 False 441885 12/1/2022 506-506-4220-00000 Propane 10/15/22-11/15/22 (ACCT# 02-1031563) 11.00 False 441885 12/1/2022 001-240-4220-00000 Propane 10/14/22-11/15/22 (ACCT# 02-1038315) 16.74 False 441885 12/1/2022 001-480-4220-2020s Propane 10/14/22-11/15/22 (ACCT# 02-0065442) 7,056.36 False 441886 12/1/2022 413-353-4320-04320 Protective Footwear Reimbursement: FY23 60.00 False 441886 12/1/2022 419-371-4320-04320 Protective Footwear Reimbursement: FY23 60.00 False 441887 12/1/2022 001-230-4535-00000 ARFF training 10/23/22 - 10/29/22 per diem (FULL AMT) 436.80 False 441888 12/1/2022 001-240-4330-00000 Fuel for patrol cars (ACCT# 215111) 151.02 False 441890 12/1/2022 001-230-4230-00000 Cable & Internet Service-10/20/22-11/19/22 123.51 False 441890 12/1/2022 413-352-4230-00000 broadband for security- 11/08/22-12/07/22 104.98 False 441890 12/1/2022 420-115-4230-00000 Fiber Internet DIA @ 520 I St- 11/21/22-12/20/22 399.00 False 441891 12/1/2022 001-480-4390-2020S Chlorine and bromine sensors for pool 940.35 False 441892 12/1/2022 419-372-3822-41029 Water Maintenance: Aug 2022 794.85 False 441892 12/1/2022 419-372-3822-41029 Water Maintenance: Jul 2022 550.43 False 441892 12/1/2022 419-372-3822-41029 Water Maintenance: Sep 2022 563.01 False 441892 12/1/2022 419-372-3822-41029 Water Maintenance: Oct 2022 853.44 False 441893 12/1/2022 001-350-4407-00000 Job Posting: Public Works Director 29.00 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 3 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441893 12/1/2022 001-350-4407-00000 Job Posting: Public Works Director 29.00 False 441893 12/1/2022 001-112-4430-00000 Notice of Public Hearing for PLHA plan & Grant Application 160.20 False 441893 12/1/2022 001-240-4407-00000 Job Posting: Police Officer 56.00 False 441893 12/1/2022 001-113-4430-00000 Summary of Ordinance No 833 73.43 False 441893 12/1/2022 001-350-4407-00000 Job Posting: Public Works Director 29.00 False 441893 12/1/2022 001-240-4407-00000 Job Posting: Police Officer 138.00 False 441893 12/1/2022 001-113-4430-00000 Summary of Ordinance No 832 53.40 False 441894 12/1/2022 419-372-3823-41030 Water Maintenance: Oct 2022 751.94 False 441894 12/1/2022 419-372-3823-41030 Water Maintenance: Jul 2022 545.32 False 441894 12/1/2022 419-372-3823-41030 Water Maintenance: Sep 2022 696.83 False 441894 12/1/2022 419-372-3823-41030 Water Maintenance: Aug 2022 759.38 False 441895 12/1/2022 001-240-4475-00000 Dispatch Services: Oct-Dec 2022 25,965.50 False 441896 12/1/2022 001-230-4330-00000 Fuel for fire apparatus - Oct 2022 3,780.17 False 441897 12/1/2022 001-000-2230-00000 CC DEPOSIT REFUND: 12/9/21 Event 75.00 False 441898 12/1/2022 001-470-4450-00000 Janitorial Services for Public Restrooms - 10/30/22-11/12/22 1,120.00 False 441898 12/1/2022 412-100-4450-00000 Janitorial Services for RV Park Restrooms - 10/30/22-11/12/22 560.00 False 441899 12/1/2022 001-240-4320-00000 Class B Shirt - Griffin 111.54 False 441900 12/1/2022 419-000-2110-00000 Refund Check 110872-000, 1585 EL MONTE RD 250.00 False 441901 12/1/2022 413-352-4470-00000 Sample delivery to North Coast Labs FY22-23 30.00 False 441902 12/1/2022 419-371-4530-00000 Water Dist class 11/15/22 - 11/17/22 Eiler, per diem (FULL AMT) 138.00 False 441903 12/1/2022 001-470-4390-00000 tree rope; screws 7.92 False 441904 12/1/2022 419-000-2110-00000 Refund Check 111550-000, 994 HUNTINGTON ST 155.30 False 441905 12/1/2022 419-371-4450-00000 Alarm software for Water SCADA FY23 509.00 False 441906 12/1/2022 001-471-4390-00000 glass cleaner 31.05 False 441907 12/1/2022 419-371-4390-00000 4 and 6-inch macro couplings to repair water mains 4,730.83 False 441908 12/1/2022 419-371-4230-00000 707-465-3386 Water Scada Phone -11/13/22-12/12/22 110.00 False 441908 12/1/2022 001-240-4230-00000 Radio to Sherriff - -11/13/22-12/12/22 31.11 False 441908 12/1/2022 419-371-4230-00000 Water System Phone Bill 707-1006 - -11/13/22-12/12/22 29.94 False 441908 12/1/2022 419-371-4230-00000 Water System Phone 464-2826 -11/13/22-12/12/22 82.68 False 441908 12/1/2022 420-115-4230-00000 707-197-0009 monthly phone - 11/2/22-12/1/22 974.33 False 441909 12/1/2022 508-508-4390-60001 lift suppor for #5133 61.66 False 441909 12/1/2022 508-508-4390-00000 wheel bearing and hub assembly; brake pad 332.13 False 441909 12/1/2022 001-230-4391-00000 OE solutions; clamp 63.39 False 441909 12/1/2022 508-508-4390-00000 RETURN: wheel bearing and hub assembly; brake pad -332.13 False 441909 12/1/2022 508-508-4390-60001 lift suppor for #5133 61.66 False 441909 12/1/2022 508-508-4390-00000 motor oil 489.72 False 441909 12/1/2022 508-508-4390-00000 boxed miniatures 16.78 False 441909 12/1/2022 508-508-4390-00000 oil filter 16.68 False 441909 12/1/2022 508-508-4390-00000 replacement flint 3.02 False 441909 12/1/2022 508-508-4390-00000 single flint striker 3.56 False 441909 12/1/2022 001-364-4390-10025 1-5/16 socket 19.69 False 441909 12/1/2022 001-364-4390-10025 impact socket 23.57 False 441909 12/1/2022 508-508-4390-00000 wiper blade 7.51 False 441909 12/1/2022 508-508-4390-00000 parking brake switch for #10 24.77 False 441909 12/1/2022 508-508-4390-60001 lift support for #5133 117.39 False 441909 12/1/2022 508-508-4390-00000 motor oil 489.72 False 441909 12/1/2022 508-508-4390-00000 LED signal 99.72 False 441909 12/1/2022 508-508-4390-60001 lift support for #5133 128.60 False 441909 12/1/2022 508-508-4390-00000 fuel stabilizer 14.70 False 441909 12/1/2022 419-371-4390-00000 coupler hose 29.90 False 441910 12/1/2022 419-000-2110-00000 Refund Check 109702-000, 161 WHALEVIEW CT 169.95 False 441911 12/1/2022 506-506-4390-00000 safety sign & placcard 40.69 False 441911 12/1/2022 419-371-4390-00000 safety sign & placcard 124.88 False 441912 12/1/2022 419-371-4390-00000 stainless saddle straps 367.82 False 441913 12/1/2022 413-351-4390-00000 FY22/23 Microbiological TestingL ATCC organisms, dehydrated medi 538.85 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 4 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441913 12/1/2022 413-351-4390-00000 FY22/23 Microbiological TestingL ATCC organisms, dehydrated medi 42.64 False 441914 12/1/2022 001-240-4391-00000 Coolant leak repair for police car (2017 Ford) 650.25 False 441915 12/1/2022 419-371-4390-00000 Rock to fill excavations - FY23 1,493.85 False 441915 12/1/2022 001-470-4390-00000 dirt 135.31 False
441915 12/1/2022 413-353-4450-00000 Sewer repair at 2nd St and H St 4,265.61 False 441916 12/1/2022 001-471-4390-00000 Mr Clean 23.77 False 441916 12/1/2022 508-508-4390-60001 calcium remover for #5133 106.86 False 441916 12/1/2022 419-371-4390-00000 trailer hitch; grab hook; diamond braid; binders 139.66 False 441916 12/1/2022 001-230-4390-00000 key cabinet 28.99 False 441916 12/1/2022 001-470-4390-00000 stops rust; putty knife; scraper 25.92 False 441916 12/1/2022 419-372-4390-00000 moss out 211.94 False 441916 12/1/2022 419-371-4390-00000 wire; brace band; posts 236.27 False 441916 12/1/2022 506-506-4390-00000 corner brace 29.88 False 441916 12/1/2022 001-480-4390-00000 mop; mop refill 31.33 False 441916 12/1/2022 001-470-4390-00000 J B weld; epoxy 15.65 False 441916 12/1/2022 419-371-4390-00000 wrench; key ring; split ring 162.58 False 441916 12/1/2022 419-371-4390-00000 maxfit; framing csb 39.09 False 441916 12/1/2022 506-506-4390-00000 anvil scraper; fibartape 123.57 False 441916 12/1/2022 413-353-4390-00000 simple green; sprayer 109.21 False 441916 12/1/2022 001-364-4390-10025 rapid cement 19.07 False 441916 12/1/2022 001-364-4390-10025 steel bit 25.95 False 441916 12/1/2022 001-230-4390-00000 ant bait 15.09 False 441916 12/1/2022 506-506-4390-00000 sparkle; cloths; tape 37.26 False 441916 12/1/2022 001-470-4390-00000 powercare 43.08 False 441916 12/1/2022 001-470-4390-00000 lumber 3.24 False
441916 12/1/2022 419-371-4390-00000 wire plug; pring link; folding driver set 57.61 False 441916 12/1/2022 001-470-4390-00000 paint 33.10 False
441916 12/1/2022 412-100-4390-00000 fly trap; kwikset 48.42 False 441916 12/1/2022 001-364-4390-10025 bottled water 30.90 False 441916 12/1/2022 001-480-4340-00000 muriatic acid 207.15 False 441916 12/1/2022 001-364-4390-10025 adhesive 63.22 False 441916 12/1/2022 001-364-4390-10025 hand groover 40.17 False 441916 12/1/2022 001-364-4350-10023 conduit 33.88 False 441916 12/1/2022 001-470-4390-00000 gorilla weld; sandnet 31.96 False 441916 12/1/2022 001-364-4350-10023 pvc elbow 9.34 False 441916 12/1/2022 412-100-4390-00000 stakes; lumber 187.23 False 441916 12/1/2022 419-371-4390-00000 aluminum 60.58 False 441916 12/1/2022 001-470-4390-00000 lumber; grout 122.93 False 441916 12/1/2022 419-371-4390-00000 test plug 54.80 False 441916 12/1/2022 001-480-4390-00000 wt/dry vaccums 173.14 False 441916 12/1/2022 508-508-4390-00000 wrench tool; ratchet 409.19 False 441916 12/1/2022 506-506-4390-00000 lumber; caster rubber 196.34 False 441916 12/1/2022 001-470-4390-00000 painters touch; scotchblue 16.19 False 441916 12/1/2022 412-100-4390-00000 lumber 34.90 False
441916 12/1/2022 413-352-4390-00000 hole saw 48.68 False 441916 12/1/2022 001-240-4390-00000 outlet; connector 10.54 False 441916 12/1/2022 508-508-4390-00000 stretch wrap 32.45 False 441916 12/1/2022 001-364-4390-10025 tote; sprayers 74.62 False 441916 12/1/2022 506-506-4390-00000 swivel; lumber 129.10 False 441916 12/1/2022 001-240-4390-00000 cover & outlet 14.54 False 441916 12/1/2022 412-100-4390-00000 chrome wire 108.23 False 441916 12/1/2022 412-100-4390-00000 adapter; outdoor refrigerator 272.05 False 441916 12/1/2022 413-356-4390-35022 sump pump 258.72 False 441916 12/1/2022 419-371-4390-00000 sensitivitiy tester; muriatic acid 236.35 False 441916 12/1/2022 001-470-4390-00000 tapcon; tapcon drill bit 27.76 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 5 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441916 12/1/2022 506-506-4390-00000 rubber swivel; mending plate 35.01 False 441916 12/1/2022 419-371-4390-00000 tool bag; drive set; duct tape; yale key 69.42 False 441916 12/1/2022 506-506-4390-00000 RETURN: mending plate -13.45 False 441916 12/1/2022 419-371-4390-00000 bottled water 30.90 False 441916 12/1/2022 001-364-4390-10025 paint 16.85 False
441916 12/1/2022 412-100-4390-00000 sponges 7.36 False
441916 12/1/2022 001-364-4390-10025 bucket; sikaflex; trowel; placer 179.70 False 441916 12/1/2022 001-480-4390-00000 batteries 19.34 False 441916 12/1/2022 001-470-4390-00000 scour pads 15.52 False 441916 12/1/2022 001-364-4350-10023 pvc cap 5.67 False
441916 12/1/2022 506-506-4390-00000 buckets 32.35 False 441916 12/1/2022 001-240-4390-00000 cable boxes 33.85 False 441917 12/1/2022 419-000-2110-00000 Refund Check 101355-004, 243 JACKIE ST 183.71 False 441918 12/1/2022 001-000-2230-00000 CC DEPOSIT REFUND: 11/11/22 Event 575.00 False 441919 12/1/2022 940-240-4930-2020S Spray-in bed liner for new PD patrol truck 600.00 False 441920 12/1/2022 001-240-4390-00000 Handguns 464.39 False 441921 12/1/2022 001-230-4550-00000 Fire policy manuals, daily training bulletins, procedures 2,903.13 False 441922 12/1/2022 419-000-2110-00000 Refund Check 110988-006, 343 E LAUFF AVE 431.62 False 441922 12/1/2022 413-000-2110-00000 Refund Check 110988-006, 343 E LAUFF AVE 2.10 False 441923 12/1/2022 419-000-2110-00000 Refund Check 103307-001, 1099 ANZIO ST 117.64 False 441924 12/1/2022 001-000-1210-00000 CSFA Leadership Dev Workshop - 8/12-8/13/22 Per diem (REMAINDER) 11.25 False 441925 12/1/2022 413-351-4390-00000 Annual Microbiology organisms order. 800.15 False 441926 12/1/2022 419-130-4370-00000 City Hall Mats 0.20 False 441926 12/1/2022 413-120-4370-00000 City Hall Mats 1.95 False 441926 12/1/2022 001-364-4370-00000 City Hall Mats 0.40 False 441926 12/1/2022 001-114-4370-00000 City Hall Mats 1.18 False 441926 12/1/2022 001-350-4370-00000 City Hall Mats 0.88 False 441926 12/1/2022 001-113-4370-00000 City Hall Mats 1.12 False 441926 12/1/2022 508-508-4320-00000 FY23 Laundry service/uniforms 26.74 False 441926 12/1/2022 001-250-4370-00000 City Hall Mats 0.26 False 441926 12/1/2022 413-357-4370-00000 City Hall Mats 0.58 False 441926 12/1/2022 001-112-4370-00000 City Hall Mats 0.26 False 441926 12/1/2022 001-130-4370-00000 City Hall Mats 0.25 False 441926 12/1/2022 412-100-4370-00000 City Hall Mats 0.31 False 441926 12/1/2022 001-130-4370-00000 City Hall Mats 0.30 False 441926 12/1/2022 420-115-4370-00000 City Hall Mats 2.32 False 441926 12/1/2022 001-480-4370-00000 City Hall Mats 0.26 False 441926 12/1/2022 001-120-4370-00000 City Hall Mats 2.06 False 441926 12/1/2022 419-371-4370-00000 City Hall Mats 1.46 False 441926 12/1/2022 001-470-4370-00000 City Hall Mats 0.22 False 441926 12/1/2022 413-353-4370-00000 City Hall Mats 0.32 False 441926 12/1/2022 413-120-4370-00000 City Hall Mats 2.28 False 441926 12/1/2022 419-130-4370-00000 City Hall Mats 0.24 False 441926 12/1/2022 001-111-4370-00000 City Hall Mats 0.34 False 441926 12/1/2022 001-111-4370-00000 City Hall Mats 0.40 False 441926 12/1/2022 413-352-4370-00000 City Hall Mats 0.18 False 441926 12/1/2022 001-113-4370-00000 City Hall Mats 0.95 False 441926 12/1/2022 001-480-4370-00000 City Hall Mats 0.22 False 441926 12/1/2022 001-471-4370-00000 City Hall Mats 0.10 False 441926 12/1/2022 001-251-4370-00000 City Hall Mats 0.30 False 441926 12/1/2022 001-313-4370-00000 City Hall Mats 0.50 False 441926 12/1/2022 413-351-4390-00000 gloves 196.91 False 441926 12/1/2022 413-352-4370-00000 City Hall Mats 0.15 False 441926 12/1/2022 413-111-4370-00000 City Hall Mats 0.38 False 441926 12/1/2022 001-250-4370-00000 City Hall Mats 0.22 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 6 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441926 12/1/2022 001-120-4370-00000 City Hall Mats 1.75 False 441926 12/1/2022 413-357-4370-00000 City Hall Mats 0.68 False 441926 12/1/2022 412-120-4370-00000 City Hall Mats 0.21 False 441926 12/1/2022 001-364-4370-00000 City Hall Mats 0.34 False 441926 12/1/2022 508-508-4320-00000 FY23 Laundry service/uniforms 26.74 False 441926 12/1/2022 001-114-4370-00000 City Hall Mats 1.00 False 441926 12/1/2022 413-351-4320-00000 FY23 Laundry service/uniforms 14.75 False 441926 12/1/2022 413-353-4370-00000 City Hall Mats 0.38 False 441926 12/1/2022 001-480-4390-00000 mats for pool 28.77 False 441926 12/1/2022 001-471-4370-00000 City Hall Mats 0.12 False 441926 12/1/2022 419-111-4370-00000 City Hall Mats 0.38 False 441926 12/1/2022 413-353-4320-00000 FY23 Laundry service/uniforms 34.80 False 441926 12/1/2022 413-111-4370-00000 City Hall Mats 0.33 False 441926 12/1/2022 419-111-4370-00000 City Hall Mats 0.32 False 441926 12/1/2022 412-120-4370-00000 City Hall Mats 0.24 False 441926 12/1/2022 001-313-4370-00000 City Hall Mats 0.58 False 441926 12/1/2022 001-112-4370-00000 City Hall Mats 0.30 False 441926 12/1/2022 420-115-4370-00000 City Hall Mats 1.97 False 441926 12/1/2022 419-371-4370-00000 City Hall Mats 1.25 False 441926 12/1/2022 413-130-4370-00000 City Hall Mats 0.24 False 441926 12/1/2022 413-353-4320-00000 FY23 Laundry service/uniforms 34.80 False 441926 12/1/2022 001-350-4370-00000 City Hall Mats 0.75 False 441926 12/1/2022 412-100-4370-00000 City Hall Mats 0.36 False 441926 12/1/2022 001-470-4370-00000 City Hall Mats 0.19 False 441926 12/1/2022 419-120-4370-00000 City Hall Mats 1.95 False 441926 12/1/2022 413-351-4320-00000 FY23 Laundry service/uniforms 8.80 False 441926 12/1/2022 001-251-4370-00000 City Hall Mats 0.25 False 441926 12/1/2022 413-130-4370-00000 City Hall Mats 0.20 False 441926 12/1/2022 419-120-4370-00000 City Hall Mats 2.28 False 441927 12/1/2022 419-000-2110-00000 Refund Check 105296-002, 2644 PEVELER AVE 66.25 False 441928 12/1/2022 001-470-4390-00000 High-vis jackets 194.39 False 441928 12/1/2022 001-364-4390-10025 High-vis jackets 194.39 False 441928 12/1/2022 419-371-4390-00000 High-vis jackets 194.39 False 441928 12/1/2022 413-353-4390-00000 High-vis jackets 194.39 False 441929 12/1/2022 413-351-4685-00000 Externalk regulatory lab tests for CCWQL FY22/23 55.00 False 441930 12/1/2022 001-364-4450-10025 Street light replacements on Hwy 101: work completed 10/19/22 1,735.43 False 441930 12/1/2022 001-364-4450-10025 Street light replacements on Hwy 101: work completed 10/19/22 722.78 False 441930 12/1/2022 001-364-4450-10025 Street light replacements on Hwy 101: work completed 10/19/22 1,645.37 False 441930 12/1/2022 001-364-4409-2020S Street light replacements on Hwy 101: work completed 10/19/22 922.59 False 441930 12/1/2022 001-364-4409-2020S Street light replacements on Hwy 101: work completed 10/18/22 1,908.34 False 441930 12/1/2022 001-364-4409-2020S Street light replacements on Hwy 101: work completed 10/18/22 2,169.07 False 441931 12/1/2022 001-000-2230-00000 CC DEPOSIT REFUND: 10/21-10/23/22 Event 575.00 False 441932 12/1/2022 413-352-4409-00000 PHASE 1 Crescent City WWTP, RBC Capital Up - PROG PMT 5 13,684.88 False 441932 12/1/2022 413-352-4409-00000 Annual Contract - WWTP Operations including maint - Nov 2022 121,383.74 False 441932 12/1/2022 413-000-1202-00000 Annual Contract - WWTP Operations including maint - Nov 2022 -23,233.93 False 441932 12/1/2022 413-352-4450-00000 Annual Contract - WWTP Operations including maint - Nov 2022 13,333.33 False 441933 12/1/2022 001-240-4391-00000 ceramic pad #65 60.34 False 441933 12/1/2022 508-508-4390-00000 oil filter & anti freeze 103.24 False 441934 12/1/2022 001-240-4370-00000 Janitorial Supplies- City-Wide 35.01 False 441934 12/1/2022 412-100-4370-00000 Janitorial Supplies- City-Wide 35.01 False 441934 12/1/2022 506-506-4370-00000 Janitorial Supplies- City-Wide 35.01 False 441934 12/1/2022 001-113-4370-00000 Janitorial Supplies- City-Wide 3.51 False 441934 12/1/2022 419-120-4370-00000 Janitorial Supplies- City-Wide 3.50 False 441934 12/1/2022 001-471-4370-00000 Janitorial Supplies- City-Wide 35.01 False 441934 12/1/2022 413-120-4370-00000 Janitorial Supplies- City-Wide 3.50 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 7 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441934 12/1/2022 001-120-4370-00000 Janitorial Supplies- City-Wide 14.00 False 441934 12/1/2022 001-111-4370-00000 Janitorial Supplies- City-Wide 3.50 False 441934 12/1/2022 001-313-4370-00000 Janitorial Supplies- City-Wide 3.50 False 441934 12/1/2022 001-251-4370-00000 Janitorial Supplies- City-Wide 1.75 False 441934 12/1/2022 001-114-4370-00000 Janitorial Supplies- City-Wide 3.50 False 441934 12/1/2022 508-508-4370-00000 Janitorial Supplies- City-Wide 43.76 False 441934 12/1/2022 413-352-4370-00000 Janitorial Supplies- City-Wide 35.01 False 441934 12/1/2022 001-350-4370-00000 Janitorial Supplies- City-Wide 99.78 False 441934 12/1/2022 420-115-4370-00000 Janitorial Supplies- City-Wide 3.50 False 441934 12/1/2022 001-480-4370-00000 Janitorial Supplies- City-Wide 87.53 False 441934 12/1/2022 001-470-4370-00000 Janitorial Supplies- City-Wide 393.86 False 441935 12/1/2022 001-240-4380-2020S Dog food - K9 Sgt. Koysta 105.00 False 441935 12/1/2022 001-240-4380-2020S Dog food - K9 Sgt. Koysta 27.87 False 441935 12/1/2022 001-240-4380-00000 Dog food - K9 Lt. Kai 105.00 False 441936 12/1/2022 413-352-4230-00000 Onsite service visit for alarm maintenance 422.25 False 441936 12/1/2022 001-480-4220-00000 Onsite service visit for alarm maintenance 195.00 False 441937 12/1/2022 001-240-4450-00000 Cellular Alarm Monitoring- Oct-Dec 2022 92.97 False 441939 12/1/2022 419-000-2110-00000 Refund Check 110960-000, 918 LAKE ST 250.00 False 441940 12/1/2022 001-240-4450-00000 Copier maintenance: 8/1/22-10/31/22 246.33 False 441940 12/1/2022 506-506-4450-00000 Samsung maintenance contract: 8/9/22-11/8/22 110.35 False 441941 12/1/2022 412-100-4225-00000 Refuse disposal FY23 for Lighthouse Cove RV Park - Nov 2022 1,790.28 False 441942 12/1/2022 001-230-4451-00000 Janitorial Services - 520 I St - Nov 2022 140.00 False 441943 12/1/2022 419-000-2110-00000 Refund Check 106276-006, 1565 S RAILROAD AVE 79.76 False 441944 12/1/2022 001-313-4409-00000 Amendment 2: engineering contract to include SB2- SEP 2022 18,897.50 False 441944 12/1/2022 919-371-4799-37109 PS&E for Washington Tank - Oct 2022 90.00 False 441944 12/1/2022 001-313-4409-00000 Amendment 2: engineering contract to include LEAP- SEP 2022 3,452.50 False 441944 12/1/2022 919-371-4799-37107 PS&E for Amador Tank- Oct 2022 5,370.00 False 441945 12/1/2022 001-000-1210-00000 CSFA Leadership Dev Workshop - 8/12-8/13/22 Per diem (REMAINDER) 11.25 False 441946 12/1/2022 001-000-2231-00000 CC DEPOSIT REFUND: 11/20/22 Event 75.00 False 441947 12/1/2022 419-120-4310-00000 CH Office Supplies 8.75 False 441947 12/1/2022 001-130-4310-00000 CH Office Supplies 1.15 False 441947 12/1/2022 413-111-4310-00000 CH Office Supplies 1.46 False 441947 12/1/2022 413-130-4310-00000 CH Office Supplies 0.92 False 441947 12/1/2022 420-115-4310-00000 CH Office Supplies 8.90 False 441947 12/1/2022 001-111-4310-00000 CH Office Supplies 1.53 False 441947 12/1/2022 419-130-4310-00000 CH Office Supplies 0.92 False 441947 12/1/2022 413-357-4310-00000 CH Office Supplies 2.61 False 441947 12/1/2022 001-350-4310-00000 CH Office Supplies 3.37 False 441947 12/1/2022 419-111-4310-00000 CH Office Supplies 1.46 False 441947 12/1/2022 001-313-4310-00000 CH Office Supplies 2.23 False 441947 12/1/2022 001-250-4310-00000 CH Office Supplies 1.00 False 441947 12/1/2022 001-113-4310-00000 CH Office Supplies 4.29 False 441947 12/1/2022 413-352-4310-00000 CH Office Supplies 0.69 False 441947 12/1/2022 001-114-4310-00000 CH Office Supplies 4.53 False 441947 12/1/2022 412-100-4310-00000 CH Office Supplies 1.38 False 441947 12/1/2022 419-371-4310-00000 CH Office Supplies 5.60 False 441947 12/1/2022 001-470-4310-00000 CH Office Supplies 0.85 False 441947 12/1/2022 001-471-4310-00000 CH Office Supplies 0.46 False 441947 12/1/2022 413-353-4310-00000 CH Office Supplies 1.46 False 441947 12/1/2022 001-480-4310-00000 CH Office Supplies 1.00 False 441947 12/1/2022 001-112-4310-00000 CH Office Supplies 1.15 False 441947 12/1/2022 001-364-4310-00000 CH Office Supplies 1.53 False 441947 12/1/2022 001-120-4310-00000 CH Office Supplies 7.90 False 441947 12/1/2022 413-120-4310-00000 CH Office Supplies 8.75 False 441947 12/1/2022 001-251-4310-00000 CH Office Supplies 1.15 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 8 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441947 12/1/2022 412-120-4310-00000 CH Office Supplies 0.92 False 441948 12/1/2022 001-110-4515-00000 laser engraving for Gillespie retirement photo 20.91 False 441948 12/1/2022 412-100-4310-00000 office supplies 2.47 False 441948 12/1/2022 001-230-4310-00000 paper clips; binders; tab file folders 31.64 False 441948 12/1/2022 001-112-4310-00000 calendars 58.05 False 441949 12/1/2022 419-371-4491-00000 On call engineering support for water- OCT 2022 148.00 False 441949 12/1/2022 413-352-4409-00000 Task Order 14 - Recycled Water Feasibility Study - OCT 2022 3,508.50 False 441949 12/1/2022 117-364-4409-00KSTK Street reconstruction design - OCT 2022 148.00 False 441949 12/1/2022 419-371-4409-00000 Create water model of City's water dist system - OCT 2022 3,950.00 False 441949 12/1/2022 117-364-4409-00fst Front Street reconstruction repackaging- OCT 2022 1,235.50 False 441950 12/1/2022 412-100-4390-00000 Concrete to repair various roads - FY23 343.03 False 441950 12/1/2022 001-364-4390-10025 Concrete to repair various roads - FY23 507.00 False 441951 12/1/2022 413-000-1202-00000 Sodium Hypo 6,293.95 False 441951 12/1/2022 001-480-4340-00000 Sodium hypochlorite for swimming pool FY23 476.82 False 441951 12/1/2022 419-371-4340-00000 Sodium hypochlorite for water system FY23 1,430.45 False 441952 12/1/2022 001-240-4530-00000 CA NARC: CA Narcotics Off Assoc 11/17-11/23/22 Sgt Lopez Registr 705.00 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 16.20 False 441952 12/1/2022 419-371-4550-00000 CA RURAL WATER ASSOC: B. Deforge CA Rural Water Membership 200.00 False 441952 12/1/2022 001-111-4409-cltdv SAFEWAY: Tolowa engagement supplies 29.11 False 441952 12/1/2022 001-480-4379-00000 LIFEGUARD STORE: taxable equipment for swim shop- tax paid 6.25 False 441952 12/1/2022 001-480-4390-00000 OTC BRANDS: Halloween event supplies 211.64 False 441952 12/1/2022 001-480-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 001-480-4390-00000 WALMART: Halloween event supplies 62.88 False 441952 12/1/2022 420-115-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 152.65 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 82.99 False 441952 12/1/2022 001-350-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 441952 12/1/2022 413-353-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 001-480-4390-00000 OTC BRANDS: Halloween event supplies 390.13 False 441952 12/1/2022 413-351-4390-00000 FIRST AID: emergency eyewash assembly 189.99 False 441952 12/1/2022 001-240-4530-00000 UNITED: CA Narcotics Off Assoc 11/17-11/23/22 Sgt Lopez Flight 629.20 False 441952 12/1/2022 001-240-4390-00000 HARBOR FREIGHT: oil for generators 55.15 False 441952 12/1/2022 001-480-4530-00000 STARFISH AQUATICS: starfish membership swim lesson instructor 169.00 False 441952 12/1/2022 413-353-4390-00000 SEARSPARTS: washer brake activator 79.98 False 441952 12/1/2022 001-480-4390-00000 WALMART: Halloween event supplies 244.33 False 441952 12/1/2022 001-480-4530-00000 EXPEDIA: lifeguard instructor training 11/2022 W. Morris 446.14 False 441952 12/1/2022 001-480-4378-00000 WALMART: non taxable food for pool store 88.70 False 441952 12/1/2022 001-240-4530-00000 HYATT: Narcotics Off Assoc 11/17/-11/23/22 Chf Griffin Parking 20.00 False 441952 12/1/2022 001-240-4390-2020S AMAZON: shotgun site saddle 75.76 False 441952 12/1/2022 508-508-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 441952 12/1/2022 413-353-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 001-114-4390-00000 AED LEADER: Philips Heartstart AED 1,747.16 False 441952 12/1/2022 001-120-4550-00000 CSMFO: membership dues L. Leaver 41.67 False 441952 12/1/2022 413-351-4550-00000 CWEA: R. Thill CWEA membership 152.00 False 441952 12/1/2022 001-230-4407-00000 FIRE LAW GROUP: FLSA bootcamp 11/2/22 125.00 False 441952 12/1/2022 001-000-2122-00000 BULKMUNITIONS.COM: ammunition purch,l shotgun-rifle-handgun- TAX-333.80 False 441952 12/1/2022 001-240-4530-00000 UNITED: Narcotics Off Assoc 11/17/-11/23/22 Chf Griffin Flight 589.20 False 441952 12/1/2022 001-480-4530-00000 EXPEDIA: Refund -lifeguard instructor training 11/2022 W. Morris -129.40 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 8.65 False 441952 12/1/2022 001-480-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 412-100-4230-00000 DISH: monthly service 10/25/22-11/24/22 874.58 False 441952 12/1/2022 413-357-4530-00000 360TRAINING: B. DeForge Industrial Electricity Training Package 97.50 False 441952 12/1/2022 508-508-4390-60001 WALMART: seat covers #5133 43.17 False 441952 12/1/2022 413-352-4240-00000 MAILROOM: solids shipping 116.63 False 441952 12/1/2022 001-480-4376-00000 WALMART: taxable food for pool store 43.84 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 9 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441952 12/1/2022 001-112-4409-00000 LUCIDPRESS: lucidpress subscription 15.00 False 441952 12/1/2022 001-240-4320-00000 BIG5: bear spray for k9 tracking 92.00 False 441952 12/1/2022 419-371-4530-00000 EUREKA INN: Water Dist class 11/15/22 - 11/17/22 Eiler, registr 320.32 False 441952 12/1/2022 001-240-4390-00000 GORDON ELECTRIC: duplex connector 152.42 False 441952 12/1/2022 413-352-4470-00000 MAILROOM: sample receiving 139.95 False 441952 12/1/2022 001-480-4390-00000 OTC BRANDS: Halloween event supplies 496.88 False 441952 12/1/2022 420-115-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 441952 12/1/2022 508-508-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 441952 12/1/2022 001-350-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 441952 12/1/2022 001-112-4409-00000 TRIMBLE INC: Sketchup subscription 137.54 False 441952 12/1/2022 413-353-4450-00000 CWEA: MT2 D Borgest CWEA renewal 100.00 False 441952 12/1/2022 419-120-4550-00000 CSMFO: membership dues L. Leaver 41.66 False 441952 12/1/2022 413-351-4240-00000 MAILROOM: lab shipping 5.94 False 441952 12/1/2022 001-240-4530-00000 BUDGET: Narcotics Off Assoc 11/17/-11/23/22 Chf Griffin Car Rent 599.52 False 441952 12/1/2022 413-112-4409-00000 TRIMBLE INC: Sketchup subscription 80.73 False 441952 12/1/2022 001-240-4390-00000 Crescent Ace: light bulbs 23.79 False 441952 12/1/2022 001-240-4310-00000 AMAZON: toner for printer 55.69 False 441952 12/1/2022 001-000-1202-00000 HOMEWOOD SUITES: unauthorized charge 732.74 False 441952 12/1/2022 001-240-4530-00000 UNITED: Narcotics Off Assoc 11/17/-11/23/22 Chf Griffin Baggage 115.00 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 95.20 False 441952 12/1/2022 001-000-1202-00000 MTA METER: unauthorized charge 12.75 False 441952 12/1/2022 001-480-4390-00000 OTC BRANDS: Halloween event supplies 75.78 False 441952 12/1/2022 001-480-4390-00000 DOLLAR TREE: Halloween event supplies 16.07 False 441952 12/1/2022 413-120-4550-00000 CSMFO: membership dues L. Leaver 41.67 False 441952 12/1/2022 001-480-4390-00000 WALMART: parts & supplies 172.41 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 95.66 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 68.97 False 441952 12/1/2022 413-351-4685-00000 MADGETECH: calibration of datalogger 175.00 False 441952 12/1/2022 001-240-4320-00000 CRESCENT UNIFORMS: belt buckle 24.84 False 441952 12/1/2022 419-112-4409-00000 TRIMBLE INC: Sketchup subscription 80.73 False 441952 12/1/2022 001-480-4390-00000 WALGREENS: Halloween event supplies 15.14 False 441952 12/1/2022 412-100-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 001-240-4390-2020S AMAZON: rifle mounts 258.05 False 441952 12/1/2022 001-240-4240-00000 MAILROOM: postage to return passports 14.54 False 441952 12/1/2022 419-371-4390-00000 TIMBERLINE TOOLS: crimping tool for water pipes 241.49 False 441952 12/1/2022 001-480-4390-00000 SP BLACKHAWK SUPPLY: restocking fee for return 182.81 False 441952 12/1/2022 001-480-4430-00000 FACEBOOK: Halloween event promotion 39.51 False 441952 12/1/2022 412-100-4390-00000 SEARSPARTS: fuse kit 107.98 False 441952 12/1/2022 001-480-4390-00000 WALGREENS: Halloween event supplies 32.45 False 441952 12/1/2022 001-000-2122-00000 GORDON ELECTRIC: duplex connector (TAX) -10.52 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 10.27 False 441952 12/1/2022 001-480-4378-00000 WALMART: non taxable food for pool store 101.04 False 441952 12/1/2022 419-371-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 001-480-4377-00000 LIFEGUARD STORE: taxable equipment for swim shop 75.45 False 441952 12/1/2022 001-480-4390-00000 AMAZON: Halloween event supplies 79.98 False 441952 12/1/2022 001-480-4390-00000 DOLLAR TREE: Halloween event supplies 66.45 False 441952 12/1/2022 001-240-4390-00000 BULKMUNITIONS.COM: ammunition purchases,l shotgun-rifle-handgun 4,438.80 False 441952 12/1/2022 001-240-4320-00000 GALLS: boots 186.46 False 441952 12/1/2022 001-240-4530-00000 CA NARC: Narcotics Off Assoc 11/17/-11/23/22 Chf Griffin Regist 705.00 False 441952 12/1/2022 419-371-4530-00000 360TRAINING: B. DeForge Industrial Electricity Training Package 97.50 False 441952 12/1/2022 001-240-4370-00000 AMAZON: mop bucket 71.43 False 441952 12/1/2022 419-371-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 001-240-4310-00000 AMAZON: printer 378.86 False 441952 12/1/2022 001-000-1202-00000 RESIDENCE INN: unauthorized charge 204.34 False 441952 12/1/2022 419-371-4530-00000 EUREKA INN: Water Dist class 11/15/22 - 11/17/22 Ybarra, registr 320.32 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 10 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441952 12/1/2022 412-100-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 441952 12/1/2022 412-100-4230-00000 DISH: monthly service 9/25/22-10/24/22 864.58 False 441952 12/1/2022 001-240-4390-00000 AFFORDABLE OPENERS: Replacement gate opener 2,031.55 False 441953 12/1/2022 419-000-2110-00000 Refund Check 102065-001, 2443 MAHER AVE 112.07 False 441954 12/1/2022 413-352-4230-00000 707-951-4779 (WWTP Project Manager) Service:10/13/22-11/12/22 27.49 False 441954 12/1/2022 413-353-4230-00000 707-951-3943 (Martinez) Service:10/13/22-11/12/22 0.10 False 441954 12/1/2022 413-120-4230-00000 707-458-4813 (Rawlings) Service:10/13/22-11/12/22 13.48 False 441954 12/1/2022 001-120-4230-00000 707-951-3320 (Leaver) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 419-371-4230-00000 707-951-4918 (McAleenan) Service: 10/13/22-11/12/22 11.73 False 441954 12/1/2022 001-230-4230-00000 707-951-6589 (Carey) Service: 10/13/22-11/12/22 27.49 False 441954 12/1/2022 419-371-4230-00000 707-951-0481 (Wylie) Service:10/13/22-11/12/22 20.53 False 441954 12/1/2022 419-120-4230-00000 707-458-4813 (Rawlings) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 001-480-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 10/13/22-11/12/22 4.05 False 441954 12/1/2022 413-120-4230-00000 707-458-4242 (McAndrews) Service: 10/13/22-11/12/22 16.18 False 441954 12/1/2022 001-240-4230-00000 707-951-5035 (Sanders) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 419-371-4230-00000 707-951-3170 (Wylie) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-352-4230-00000 707-951-0923 (Nova - Jacobs) Service:10/13/22-11/12/22 38.01 False 441954 12/1/2022 419-371-4230-00000 707-951-4418 (Byrne) Service:10/13/22-11/12/22 13.76 False 441954 12/1/2022 001-480-4230-00000 707-58-4818 (Morris) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 420-115-4230-00000 707-458-8862 (Ludemann) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-364-4230-00000 707-951-4821 (Kuder) Service:10/13/22-11/12/22 0.40 False 441954 12/1/2022 001-240-4230-00000 707-951-4950 (Miller, E) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 419-120-4230-00000 707-458-8014 (Mattix) Service: 10/13/22-11/12/22 20.23 False 441954 12/1/2022 419-371-4230-00000 707-951-4759 (Long) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 001-240-4230-00000 707-951-5433 (Sperling) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-240-4230-00000 707-951-4494 (Wilson) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 413-353-4230-00000 707-951-4418 (Byrne) Service:10/13/22-11/12/22 16.59 False 441954 12/1/2022 001-110-4230-00000 707-951-0876 (Wright) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 419-371-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 10/13/22-11/12/22 0.40 False 441954 12/1/2022 419-371-4230-00000 707-951-4116 (Amarante) Service: 10/13/22-11/12/22 24.88 False 441954 12/1/2022 001-364-4230-00000 707-951-4918 (McAleenan) Service: 10/13/22-11/12/22 4.45 False 441954 12/1/2022 001-230-4230-00000 707-458-5216 (Fire Dept) Service:10/13/22-11/12/22 38.01 False 441954 12/1/2022 001-110-4230-00000 707-458-8156 (Smith, B) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-110-4230-00000 707-951-0517 (Inscore) Service:10/13/22-11/12/22 45.46 False 441954 12/1/2022 001-364-4230-00000 707-951-2294 (PW Callout)Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 419-120-4230-00000 707-458-5026 (Meter Reader SPMR2) Service: 10/13/22-11/12/22 36.09 False 441954 12/1/2022 419-371-4230-00000 707-951-0714 (Borges, D) Service: 10/13/22-11/12/22 21.37 False 441954 12/1/2022 508-508-4230-00000 707-458-8283 (Hodges) Service: 10/13/22-11/12/22 4.45 False 441954 12/1/2022 413-353-4230-00000 707-951-4730 (Ybarra) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-353-4230-00000 707-951-4951 (PW IPAD) Service: 10/13/22-11/12/22 12.67 False 441954 12/1/2022 419-371-4230-00000 707-951-2294 (PW Callout)Service: 10/13/22-11/12/22 13.48 False 441954 12/1/2022 001-364-4230-00000 707-951-4759 (Long) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 412-100-4230-00000 707-951-9704 (Lighthouse Cove RV) Service: 10/13/22-11/12/22 36.65 False 441954 12/1/2022 419-371-4230-00000 707-951-5285 (PW Spare) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-353-4230-00000 707-951-3905 (WWTP Spare) Service:10/13/22-11/12/22 0.10 False 441954 12/1/2022 508-508-4230-00000 707-951-0714 (Borges, D) Service: 10/13/22-11/12/22 6.82 False 441954 12/1/2022 001-480-4230-00000 707-951-0714 (Borges, D) Service: 10/13/22-11/12/22 6.81 False 441954 12/1/2022 001-364-4230-00000 707-951-5285 (PW Spare) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 419-120-4230-00000 707-458-8453 (Mtr Reader SPMR1)Service:10/13/22-11/12/22 36.09 False 441954 12/1/2022 419-371-4230-00000 707-951-0430 (Borges, D) Service: 10/13/22-11/12/22 17.87 False 441954 12/1/2022 419-371-4230-00000 707-457-7454 (Leighton) Service: 10/13/22-11/12/22 13.34 False 441954 12/1/2022 508-508-4230-00000 707-951-0430 (Borges, D) Service: 10/13/22-11/12/22 5.70 False 441954 12/1/2022 413-351-4230-00000 707-951-6819 (Lab) Service: 10/13/22-11/12/22 27.49 False 441954 12/1/2022 001-364-4230-00000 707-951-4418 (Byrne) Service:10/13/22-11/12/22 2.02 False 441954 12/1/2022 413-112-4230-00000 707-458-4814 (Lacey) Service:10/13/22-11/12/22 10.80 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 11 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441954 12/1/2022 419-371-4230-00000 707-458-8617 (Leighton) Service:10/13/22-11/12/22 13.48 False 441954 12/1/2022 001-114-4230-00000 707-951-3392 (Gonzales) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-364-4230-00000 707-951-4204 (Eiler) Service: 10/13/22-11/12/22 13.48 False 441954 12/1/2022 413-353-4230-00000 707-951-3354 (Welton) Service:10/13/22-11/12/22 13.48 False 441954 12/1/2022 419-371-4230-00000 707-951-4951 (PW IPAD) Service: 10/13/22-11/12/22 12.67 False 441954 12/1/2022 506-506-4230-00000 707-951-9336 (Lovdahl) Service:10/13/22-11/12/22 26.97 False 441954 12/1/2022 001-250-4230-00000 707-951-3447 (Minges) Service: 10/13/22-11/12/22 20.23 False 441954 12/1/2022 001-364-4230-00000 707-951-4730 (Ybarra) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-120-4230-00000 707-951-4364 (Niemi) Service: 10/13/22-11/12/22 13.48 False 441954 12/1/2022 001-470-4230-00000 707-951-4918 (McAleenan) Service: 10/13/22-11/12/22 22.25 False 441954 12/1/2022 413-353-4230-00000 707-457-7454 (Leighton) Service: 10/13/22-11/12/22 13.33 False 441954 12/1/2022 419-120-4230-00000 707-458-4242 (McAndrews) Service: 10/13/22-11/12/22 16.19 False 441954 12/1/2022 001-471-4230-00000 707-458-4131 (Taylor) Service:10/13/22-11/12/22 4.55 False 441954 12/1/2022 001-470-4230-00000 707-458-8283 (Hodges) Service: 10/13/22-11/12/22 22.25 False 441954 12/1/2022 001-120-4230-00000 707-458-4242 (McAndrews) Service: 10/13/22-11/12/22 8.09 False 441954 12/1/2022 413-351-4230-00000 707-951-4903 (Lab) Service: 10/13/22-11/12/22 10.18 False 441954 12/1/2022 413-130-4230-00000 707-458-8008 (Rice) Service:10/13/22-11/12/22 10.11 False 441954 12/1/2022 001-111-4230-00000 707-951-3016 (Wier) Service:10/13/22-11/12/22 15.15 False 441954 12/1/2022 001-240-4230-00000 707-951-4609 (Pearson) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 412-100-4230-00000 707-951-4515 (Lighthouse Cove RV) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-364-4230-00000 707-951-4569 (Mayes) Service: 10/13/22-11/12/22 13.48 False 441954 12/1/2022 419-371-4230-00000 707-951-4821 (Kuder) Service:10/13/22-11/12/22 20.23 False 441954 12/1/2022 413-352-4230-00000 707-951-0023 (WWTP Operations 2) Service: 10/13/22-11/12/22 27.49 False 441954 12/1/2022 419-371-4230-00000 707-951-4730 (Ybarra) Service:10/13/22-11/12/22 13.48 False 441954 12/1/2022 419-371-4230-00000 707-951-0540 (Smith, K) Service:10/13/22-11/12/22 18.24 False 441954 12/1/2022 419-111-4230-00000 707-951-3016 (Wier) Service:10/13/22-11/12/22 15.16 False 441954 12/1/2022 419-120-4230-00000 707-951-3320 (Leaver) Service:10/13/22-11/12/22 13.48 False 441954 12/1/2022 001-230-4230-00000 707-951-3561 (Carey) Service: 10/13/22-11/12/22 38.01 False 441954 12/1/2022 001-350-4230-00000 707-951-5869 (PW Phone 2) Service: 10/13/22-11/12/22 0.10 False 441954 12/1/2022 506-506-4230-00000 707-951-0481 (Wylie) Service:10/13/22-11/12/22 4.18 False 441954 12/1/2022 413-353-4230-00000 707-951-4116 (Amarante) Service: 10/13/22-11/12/22 9.35 False 441954 12/1/2022 413-353-4230-00000 707-951-4569 (Mayes) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-353-4230-00000 707-951-5285 (PW Spare) Service:10/13/22-11/12/22 13.48 False 441954 12/1/2022 001-364-4230-00000 707-951-0481 (Wylie) Service:10/13/22-11/12/22 5.32 False 441954 12/1/2022 413-353-4230-00000 707-457-7655 (Olson) Service: 10/13/22-11/12/22 13.34 False 441954 12/1/2022 001-240-4230-00000 707-951-7001 (VIP Phone) Service:10/13/22-11/12/22 0.10 False 441954 12/1/2022 001-480-4230-00000 707-458-8452 (Garcia) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 412-100-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 10/13/22-11/12/22 2.02 False 441954 12/1/2022 001-110-4230-00000 707-951-3135 (Greenough) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 413-353-4230-00000 707-951-4918 (McAleenan) Service: 10/13/22-11/12/22 2.03 False 441954 12/1/2022 506-506-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 10/13/22-11/12/22 19.02 False 441954 12/1/2022 413-353-4230-00000 707-951-3170 (Wylie) Service: 10/13/22-11/12/22 13.48 False 441954 12/1/2022 413-352-4230-00000 707-458-4722 (WWTP) Service:10/13/22-11/12/22 38.01 False 441954 12/1/2022 001-120-4230-00000 707-951-4364 (Niemi) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 001-240-4230-00000 707-951-5088 (Valero) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-350-4230-00000 707-457-7454 (Leighton) Service: 10/13/22-11/12/22 13.34 False 441954 12/1/2022 001-470-4230-00000 707-951-4418 (Byrne) Service:10/13/22-11/12/22 8.09 False 441954 12/1/2022 001-240-4230-00000 707-951-5329 (Owen, W) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-364-4230-00000 707-951-4951 (PW IPAD) Service: 10/13/22-11/12/22 12.67 False 441954 12/1/2022 001-350-4230-00000 707-951-3319 (Smith, K) Service: 10/13/22-11/12/22 13.48 False 441954 12/1/2022 413-353-4230-00000 707-951-4204 (Eiler) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-351-4230-00000 707-951-0494 (Fuoco) Service: 10/13/22-11/12/22 27.49 False 441954 12/1/2022 001-230-4230-00000 707-951-3406 (Duncan) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-113-4230-00000 707-951-3378 (Altman, Robin) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 001-364-4230-00000 707-951-4116 (Amarante) Service: 10/13/22-11/12/22 3.12 False AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 12 of 15 Check Nu Check Date Acct 1 Description Amount Selected For V 441954 12/1/2022 001-364-4230-00000 707-951-0430 (Borges, D) Service: 10/13/22-11/12/22 8.74 False 441954 12/1/2022 413-353-4230-00000 707-951-0481 (Wylie) Service:10/13/22-11/12/22 7.98 False 441954 12/1/2022 001-130-4230-00000 707-458-8008 (Rice) Service:10/13/22-11/12/22 20.23 False 441954 12/1/2022 001-112-4230-00000 707-458-4131 (Taylor) Service:10/13/22-11/12/22 11.36 False 441954 12/1/2022 508-508-4230-00000 707-951-5149 (Huffman) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 419-371-4230-00000 707-951-3319 (Smith, K) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-351-4230-00000 707-951-6970 (Lab) Service:10/13/22-11/12/22 27.49 False 441954 12/1/2022 508-508-4230-00000 707-951-0671 (Borges, J) Service:10/13/22-11/12/22 40.46 False 441954 12/1/2022 413-352-4230-00000 707-951-0002 (WWTP Lg Conf Rm) Service:10/13/22-11/12/22 27.49 False 441954 12/1/2022 001-470-4230-00000 707-458-4131 (Taylor) Service:10/13/22-11/12/22 5.91 False 441954 12/1/2022 001-364-4230-00000 707-951-4864 (DeForge) Service:10/13/22-11/12/22 9.31 False 441954 12/1/2022 506-506-4230-00000 707-951-0540 (Smith, K) Service:10/13/22-11/12/22 3.80 False 441954 12/1/2022 419-371-4230-00000 707-457-7655 (Olson) Service: 10/13/22-11/12/22 13.34 False 441954 12/1/2022 001-350-4230-00000 707-951-3275 (Olson) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-120-4230-00000 707-951-3320 (Leaver) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-353-4230-00000 707-458-5881 (PW Work Orders) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 419-130-4230-00000 707-458-8008 (Rice) Service:10/13/22-11/12/22 10.12 False 441954 12/1/2022 419-371-4230-00000 707-951-4569 (Mayes) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 001-230-4230-00000 707-951-6556 (Duncan) Service: 10/13/22-11/12/22 27.49 False 441954 12/1/2022 001-240-4230-00000 707-951-5250 (Balch) Service: 10/13/22-11/12/22 40.46 False 441954 12/1/2022 419-371-4230-00000 707-458-5881 (PW Work Orders) Service: 10/13/22-11/12/22 13.48 False 441954 12/1/2022 001-364-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 10/13/22-11/12/22 0.81 False 441954 12/1/2022 508-508-4230-00000 707-951-4864 (DeForge) Service:10/13/22-11/12/22 6.06 False 441954 12/1/2022 413-353-4230-00000 707-458-8283 (Hodges) Service: 10/13/22-11/12/22 2.03 False 441954 12/1/2022 419-371-4230-00000 707-951-3354 (Welton) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-353-4230-00000 707-951-3319 (Smith, K) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-351-4230-00000 707-951-5017 (Lab) Service:10/13/22-11/12/22 27.49 False 441954 12/1/2022 413-353-4230-00000 707-458-8617 (Leighton) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 001-230-4230-00000 707-464-9113 (Fire Hall) Service: 10/13/22-11/12/22 27.49 False 441954 12/1/2022 419-371-4230-00000 707-951-3275 (Olson) Service: 10/13/22-11/12/22 13.49 False 441954 12/1/2022 001-350-4230-00000 707-458-8617 (Leighton) Service:10/13/22-11/12/22 13.49 False 441954 12/1/2022 413-351-4230-00000 707-951-6540 (Lab) Service:10/13/22-11/12/22 27.49 False 441954 12/1/2022 001-364-4230-00000 707-951-0714 (Borges, D) Service: 10/13/22-11/12/22 10.46 False 441954 12/1/2022 001-240-4230-00000 707-951-4624 (Lo) Service:10/13/22-11/12/22 40.46 False 441954 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AP - 11-26-22 to 12-9-22 Council (12/12/2022) Page 15 of 15 AP
11-26-22 to 12-9-22 Housing
User: crawlings
Printed: 12/12/2022 11:07:42 AM
Check Date Check Numb Description Amount Selected For Void 12/1/2022 441948 CREDIT: return office supplies -36.79 False 12/1/2022 441926 City Hall Mats 0.17 False
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AP - 11-26-22 to 12-9-22 Housing (12/12/2022) Page 1 of 1 Home Dept. Regular Pay Overtime Gross Pay Employees Notes City Council 2,527.87 2,527.87 4
Administration 13,908.78 475.53 14,384.31 4
Econ Dev / Grants 6,473.22 6,473.22 2
Human Resources 3,889.72 72.33 3,962.05 1
Finance 9,972.16 133.82 10,105.98 4
City Attorney 4,681.13 4,681.13 1
Fire 6,841.48 6,841.48 2
Police 35,709.81 5,828.18 41,537.99 14
Planning 1,071.41 1,071.41 1
Public Works 47,977.93 1,145.61 49,123.54 21
Recreation 1,657.89 1,657.89 1
Swimming Pool 12,138.84 62.17 12,201.01 17
Housing 10,009.31 10,009.31 4
156,859.55 7,717.64 164,577.19 76
Payroll summarized above according to employees' home departments. Actual costs of employees are charged to department / fund where work was performed.
City of Crescent City
Biweekly Payroll Report for City Employees
Payroll Ending 12/3/22
Pay Date 12/9/22
Check Numbers: 110833 - 110836 (plus direct deposits)
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ROBIN ALTMAN, CITY CLERK/ADMINISTRATIVE ANALYST
DATE: DECEMBER 19, 2022
SUBJECT: 2023 REGULAR CITY COUNCIL MEETING CALENDAR
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Take action as necessary and appropriate
BACKGROUND
Annually during the last meeting in December, the City Council reviews the meeting dates set for the following year. It is during this review that the Council may use discretion in choosing to cancel certain meetings or to propose a new one. The first meeting of 2023 falls on January 2
nd
, which has been cancelled due to the New Year holiday. Staff recommends meeting January 9
th and 17th respectively to allow for two meetings for the month of January. The July 3
rd meeting is proposed to be cancelled and to have the July meetings on the 10th and 24th.
Although staff anticipates we will have a few timely items on the consent calendar, the January 9th meeting will primarily be focused on conducting the vacant Council position interviews and appointment. The January 17th agenda will consist of regular Council business items including 2023 board and committee appointments.
ATTACHMENT
1. Resolution 2022-82, 2023 Council meeting calendar
CITY OF CRESCENT CITY RESOLUTION NO. 2022-82 Page 1
RESOLUTION NO. 2022-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING A REGULAR MEETING SCHEDULE FOR THE 2023 CALENDAR YEAR WHEREAS, the City of Crescent City is a general law city incorporated under the laws of the State of California in 1854; and
WHEREAS, Government Code Section § 36805 requires that the City Council meet at least once per month at times set by Council resolution or ordinance; and WHEREAS, Crescent City Municipal Code Section § 2.02.020 states that the time and location of regularly scheduled meetings is to be set by resolution; and WHEREAS, currently, regular meetings of the City Council are designated as the first and third Mondays of each month; and
WHEREAS, various holidays and other considerations make it prudent for the City Council to move several regular meetings to dates other than the first and third Mondays of the month.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY, STATE OF CALIFORNIA, AS FOLLOWS:
1. That the City Council Regular Meeting Schedule for Calendar Year 2023 attached hereto as “Exhibit A” is hereby adopted.
2. That any previously adopted City Council resolution that conflicts herewith is hereby superseded by the provisions of this Resolution.
APPROVED and ADOPTED and made effective the same day at a regular meeting of the City Council of the City of Crescent City held on the 19th day of December 2022 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Isaiah Wright, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
2023 CITY COUNCIL CALENDAR
JANUARY
3 : No meeting
16: MLK Day
17: Council meeting
FEBRUARY
6: Council meeting
20: Presidents Day
21: Council meeting
MARCH
6: Council meeting
20: Council meeting
APRIL
3: Council meeting
17: Council meeting
MAY
1: Council meeting
15: Council meeting
JUNE
5: Council meeting
19: Council meeting
Council meeting
Council meeting
AUGUST
7: Council meeting
21: Council meeting
SEPTEMBER
4: Labor Day
5: Council meeting
18: Council meeting
OCTOBER
2: Council meeting
16: Council meeting
NOVEMBER
6: Council meeting
20: Council meeting
DECEMBER
4: Council meeting
18: Council meeting
JULY
10:
24:
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT
COORDINATOR
DATE: DECEMBER 19, 2022
SUBJECT: ACCEPTANCE OF GRANT FROM THE STATE COASTAL
CONSERVANCY FOR THE TOLOWA COASTAL STORIES PROJECT
______________________________________________________________________
RECOMMENDATION
• Approve and adopt Resolution No. 2022-83, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY APPROVING THE GRANT OF
FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE TOLOWA
COASTAL STORIES PROJECT
• Approve and adopt Resolution No. 2022-84, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
BACKGROUND
The California State Coastal Conservancy (“Conservancy”) is a State agency established in 1976 to protect and improve natural lands and waterways, help people access and enjoy the outdoors, and sustain local economies and agriculture. The Coastal Stories Grant program is part of the Conservancy’s Explore the Coast (ETC) program, which seeks to provide coastal experiences for people and communities who face challenges to accessing or enjoying the coast.
The Conservancy’s Coastal Stories Grant Program will be providing grants to tribes, nonprofit organizations, and public agencies to create storytelling installations or materials (such as murals, signage, monuments, or guides) that represent communities and voices that have been historically excluded from the storytelling on California’s coast and publicly accessible lands.
The priorities of the Coastal Stories grant program are to:
Coastal Stories Grant Acceptance
December 19, 2022
2 • Promote a sense of belonging in outdoor spaces by presenting perspectives that include Black and Indigenous People of Color and/or other historically excluded communities.
• Engage representatives of Black and Indigenous People of Color and/or other historically excluded communities to develop and share their coastal perspectives and stories.
• Improve educational content in California’s outdoor spaces by correcting onesided histories, retelling stories in more appropriate and inclusive ways, and developing new content that shares untold stories.
• Use creative forms of interpretation and storytelling.
ITEM ANALYSIS
The City applied for and was awarded $200,000 in grant funding for the Tolowa Coastal Stories project. This award will allow Tolowa people to develop and share their powerful stories, on their ancestral land, which describe poignant moments leading up to Tribal life today with QR codes linked to video content positioned throughout Beachfront Park and along the California Coastal Trail. This project will be an expansion of the Tolowa Cultural Interpretive Area and Indigenous Plantings and part of the Beachfront Park Master Plan.
City staff recommends using the existing Beachfront Park Master Plan design team for this project, in collaboration with the Tolowa Cultural Committee, to ensure a cohesive design throughout the park and will return with a Professional Services Agreement for the Interpretive Storytelling Specialist once the Coastal Conservancy has approved the project Work Program and consultant.
GRANT TIMELINE
Grant Performance Period: December 2022 – June 2025
• Start date Early 2023
• Project completion June 2025
FISCAL ANALYSIS
There is not a match requirement for this grant. The total grant award for this project is $200,000 and will cover the cost to develop and install ten Tolowa stories throughout the project area plus some of the City’s administrative cost to manage the grant. This grant is funded on a reimbursement basis, meaning the City will expend project funds and then apply to the Conservancy for reimbursement of its actual costs. There will be a five percent retention of all reimbursements withheld by the Conservancy until all project completion requirements are met.
Coastal Stories Grant Acceptance
December 19, 2022
3 The full amount will be budgeted in a designated revenue and expense account, and unused amounts will be carried over to the next fiscal year until all of the grant funds are expended or the grant period ends.
STRATEGIC PLAN ASSESSMENT
This report is consistent with the following 2016 Strategic Plan Goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors. o Enhance collaboration with other agencies and the community to better aid the public.
o Target economic development improvements that provide additional benefit by enhancing the quality of life for residents.
o Examine methods to maintain, enhance, and expand park and recreation facilities
• Goal 2: Promote a thriving local economy.
o Evaluate and optimize additional revenue sources.
o Support community services that provide measurable services to the community.
o Research and implement methods to increase local tourism and funding for tourism promotion.
o Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs.
ATTACHMENTS
1. Resolution No. 2022-83
2. Resolution No. 2022-84
Resolution No. 2022-83
A Resolution of the City Council of the City of Crescent City Approving the Grant of Funds from the State Coastal Conservancy For the Tolowa Coastal Stories Project
WHEREAS, the Legislature of the State of California has established the State Coastal Conservancy (“Conservancy”) under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21; and
WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code and with the Conservancy’s Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of limited funding; and WHEREAS, at its September 22nd, 2022 meeting, the Conservancy adopted a resolution authorizing a grant to the City of Crescent City (“grantee”) for the Tolowa Coastal Stories project (“the project”). The resolution was adopted by the Conservancy pursuant to and is included in the Conservancy September 22nd, 2022 staff recommendation, a copy of which is on file with the grantee and with the Conservancy; and
WHEREAS, the Conservancy requires that governing body of the grantee certify through a resolution that it approves the award of Conservancy grant funding and authorizes the execution by a representative of the grantee of a grant agreement on terms and conditions required by the Conservancy grant agreement number 22-055.
NOW, THEREFORE, be it resolved by the City Council of the City of Crescent City that the grantee hereby:
1. Approves the award of grant funding from the Conservancy for the project.
2. Acknowledges that it has or will have sufficient funds to complete the project and, if any property is acquired as part of the project to operate and maintain the property, and, if any facilities are constructed as a part of the project, to operate and maintain the facilities for a reasonable period, not less than the useful life of the facilities.
3. Agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Conservancy and as may be necessary to fulfill the terms of the grant agreement and to complete the project.
4. Authorizes any person holding the following position with the grantee to act as a representative of the grantee, to negotiate and execute on behalf of the grantee all agreements and instruments necessary to complete the project and to comply with the Conservancy's grant requirements, including, without limitation, the grant agreement: City Manager.
APPROVED AND ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on December 19th, 2022.
Isaiah Wright, Mayor
I, Robin Altman, the undersigned, hereby certify that the above Resolution No.2022-83 was duly adopted by the grantee by the following roll call vote:
Ayes:
Noes:
Absent:
Signature:___________________________________________
Robin Atlman, City Clerk
CITY OF CRESCENT CITY RESOLUTION NO. 2022-84 Page 1
RESOLUTION NO. 2022-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2022, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 20 th day of
June 2022; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the City applied for and was awarded $200,000 from the State Coastal Conservancy for the Tolowa Coastal Stories project; and
WHEREAS, the City has received a fully executed agreement from the State Coastal Conservancy and is ready to begin expending grant funds; and
WHEREAS, the grant revenue and expenditures will be budgeted and any unused amounts carried over to the following fiscal year until the funds are expended or the grant period ends; and WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
1. That the Fiscal Year 2022-23 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Revenue Increase (Decrease) Expenditure Increase (Decrease) General CIP Fund $200,000 $200,000
APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 19th day of December, 2022 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Isaiah Wright, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: DECEMBER 19, 2022
SUBJECT: APPROVE AMENDMENT #3 TO CONTRACT WITH HAMBRO/WSG FOR
THE HAULING AND DISPOSAL OF WWTP SLUDGE TO EXTEND THE
SERVICE FOR ONE YEAR AND INCREASE COMPENSATION
______________________________________________________________________
RECOMMENDATION
• Approve and authorize the City Manager execute the THIRD AMENDMENT
TO THE MUNICIPAL SLUDGE HAULING AGREEMENT BETWEEN THE
CITY OF CRESCENT CITY AND HAMBRO/WSG.
BACKGROUND
After evaluating the options of self-hauling and current contractual agreements, the City Council, on June 6, 2011 authorized staff to request proposals for the hauling and disposal of the sludge from the Wastewater Treatment Plant (WWTP).
The City of Crescent City entered into a 10-year contract with Hambro/WSG (#C2496796) on the 1st of December 2011 for the purpose of collecting, transporting, and disposing of municipal sludge from the City’s WWTP with a contract end date of November 30, 2021.
On January 22, 2013, the contract was amended (Amendment #1) to eliminate the use of Snoozie Shavings as a sub-contractor whereby Hambro/WSG became the sole provider of services (no subcontractor).
On October 20, 2022, the City Council extended the agreement for an additional 12 months through November 30, 2022 (Amendment #2).
ITEM ANALYSIS
The current contract with Hambro/WSG expired on November 30, 2022. While the City is currently working with its WWTP contract operator to find means to improve the City’s sludge classification from Class B to Class A, staff is recommending that it is in the best interest of the City to extend the contract with Hambro/WSG for another additional year (through November 30, 2023) while alternatives continue to be evaluated. After the
HAMBRO/WSG CONTRACT AMENDMENT
December 19, 2022
2 evaluation is complete, staff will present the Council with recommendations on possible future actions, which could include a plan for future biosolids related capital improvements and requesting new proposals for biosolids hauling and disposal services.
According to paragraph A.2.6 of the contract with Operations Management International, Inc. (“Jacobs”), it is within scope to seek land application uses for the disposal of biosolids.
Jacobs will assist the City in securing all permits and land use agreements, perform soils and biosolids testing, and report the volume and quantity of biosolids land applied.
Preparing biosolids for land application under classification A is estimated to incur additional capital improvements such as driers, pasteurization, and pelletizing equipment.
Class A biosolids can be applied to agricultural land, public access areas, private lawns, and home gardens.
FISCAL ANALYSIS
The initial base fee under the contract was $114.75 per ton with an annual automatic increase at 85% of CPI-U effective after the first of July each year commencing July 1, 2013. Fees as of November 30, 2022 were $134.84 per ton. Hambro has stated that due to rising fuel, labor, insurance, and regulatory costs associated with biosolids handling and disposal, the rate per ton be increase to $174.58 under the extension. Hambro has also requested that the service be scheduled Monday through Friday instead of the current seven days per week that it is currently offered. Weekends and holidays can be accommodated, but will incur a surcharge of 10% for the weekends and 25% for specified holidays.
According to paragraph 4.3 of the Jacobs contract, the City is responsible for the removal of screenings, grit, scum, sludges, and biosolids (collectively, “Residuals”). The City contracts with Hambro/WSG for this service. Also, according to paragraph 4.3, the City’s cost is to be reimbursed by the contractor (Jacobs). However, if the increase in the disposal rates is in excess of the agreed upon escalation any Contract Year, the parties have agreed to negotiate for additional compensation to Jacobs.
The increase in the cost of service is anticipated to cost approximately $35,000 more than budgeted for the remainder of this fiscal year and $60,000 more over a 12 month period.
STRATEGIC PLAN ASSESSMENT
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
ATTACHMENTS
Hambro/WSG Amendment #3
THIRD AMENDMENT TO THE MUNICIPAL SLUDGE HAULING AGREEMENT
BETWEEN THE CITY OF CRESCENT CITY AND HAMBRO/WSG
This Third Amendment to the Municipal Sludge Hauling Agreement entered into on December 1, 2011 by and between the City of Crescent City, a California municipal corporation and Hambro/WSG, a California corporation, as amended by the First Amendment dated January 22, 2013, and as amended by the Second Amendment dated October 20, 2021, is effective as of December 1, 2022 and hereby amends the following sections of the Agreement as follows:
• 1.04 Term. The term of the Agreement is extended by one (1) year commencing with the effective date of December 1, 2022 and terminating December 1, 2023.
• 2.01 Base Fee. The base fee for the services performed under the Agreement as of December 1, 2022 is $174.58 per ton.
• 2.02 Annual Increase. There will be no annual CPI increase during the term of this Third Amendment.
• 3.01 Collection. Saturday or Sunday collections are available subject to a 10% surcharge ($192.04 per ton). Collection on the following holidays are to be avoided if at all possible, however, collection is available subject to a 25% surcharge ($218.23 per ton) and is to be scheduled at least 24 hours in advance:
New Year’s Day, Memorial Day, 4th of July., Labor Day, Thanksgiving and Christmas.
All other terms and conditions of the Agreement, as amended, remain in full force and effect.
Executed this 19th day of December 2022 at Crescent City, California.
CITY OF CRESCENT CITY HAMBRO/WSG
By: Eric Wier, City Manager
Attest:
Robin Altman, City Clerk
Approved as to form:
Martha D. Rice, City Attorney
By: David Slagle, CEO
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT
COORDINATOR
DATE: DECEMBER 19, 2022
SUBJECT: BUDGET AMENDMENTS TO CDBG 2020 AND CORONAVIRIS
RESPONSE (CDBG CV) FOOD PANTRY SUBRECIPIENT
AGREEMENTS
______________________________________________________________________
RECOMMENDATION
• Approve and authorize City Manager to execute Amendment No. 1 to the Subrecipient Agreement between the City of Crescent City and Family Resource Center of the Redwoods for Pacific Pantry Services
• Approve and authorize City Manager to execute Amendment No. 3 to the Subrecipient Agreement between the City of Crescent City and Family Resource Center of the Redwoods for Mobile Pantry Services
BACKGROUND
The Department of Housing and Community Development administers the Community Development Block Grant (CDBG) program for non-entitlement jurisdictions in California. (Cities with populations less than 50,000 and Counties with populations less than 200,000 are considered non-entitlement areas, meaning they do not apply for CDBG funding directly from the Federal government but rather apply to the State.) This program provides grant funding for programs associated with economic development and services to lowincome individuals and families. On January 27, 2021, the City was awarded $500,000 in 2020 CDBG funding to operate a food bank. The Family Resource Center of the Redwoods (FRC) was selected as the City’s subrecipient to run the Pacific Pantry with $465,000 in grant funding allocated towards project services and $35,000 allocated to general administrative services.
The CDBG program was allocated funding through the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide funding to local agencies responding to the COVID-19 pandemic. This funding is non-competitive and allocated to all jurisdictions
FOOD PANTRY SUBRECIPIENT AGREEMENTS
DECEMBER 19, 2022
2 according to a formula. The projects must be specifically targeted to prevent, prepare for, and respond to COVID-19. Funding was awarded in multiple rounds.
For round 1 (CDBG CV-1), Crescent City and Del Norte County elected to pool their allocations totaling $185,653 to fund a single project and selected the FRC to create and operate a mobile food pantry to serve the entire county, expanding the existing brick and mortar location of Pacific Pantry to help serve those who were sheltering in place. Since the City already had an existing relationship with the FRC, the City was asked to administer the grant funds and oversee the subrecipient.
The remaining rounds of funding (CV 2 and 3) were combined into one, and jurisdictions were encouraged to use the CV-2/3 funding to extend their CV-1 projects if possible. As a result, the City added the $214,118 in CV-2/3 funding to the existing mobile pantry project to extend this project for an additional year. The CV-2/3 portion of this project is using only the City’s allocation, and the County is using their CV-2/3 allocation for another project. The total amount awarded in CV funding for the FRC’s mobile pantry project is $431,766, with $368,210 allocated to program expenses and $63,556 allocated to general administrative services.
ANALYSIS
As both FRC food pantry programs have adjusted to the changing needs of their beneficiaries and staff, a need for more flexible budgetary controls at City staff level has been identified. The City’s contract with the State for this funding is simply for project expenses vs general administration expenses, while the City’s subrecipient agreement with the FRC has broken down the project expenses into multiple other categories such as personnel, operating, rent, food, storage room access, and a walk-in cooler. In an effort to avoid having to bring the subrecipient agreements back to council each time an adjustment is needed to ensure that the project expenses are fully expended by the approaching grant expenditure deadline, City staff is asking that all project expenses be consolidated on the subrecipient agreements with FRC to allow City Staff to make adjustments as needed. For instance, the FRC has found another funding source to cover the cost of the walk-in cooler and is no longer in need of the storage room access construction costs. The budget initially allocated to these activities can now cover some of the projected program shortfalls such as in personnel and operations. Proposed amendments to both FRC subrecipient agreements are attached to this report for Council approval.
FISCAL ANALYSIS
Amending the subrecipient agreements with the FRC will not change the amount of funds allocated to the activities, they will simply consolidate the budget line items and will therefore result in no fiscal impact to the City.
FOOD PANTRY SUBRECIPIENT AGREEMENTS
DECEMBER 19, 2022
3 STRATEGIC PLAN ANALYSIS
This report is consistent with the following Strategic Plan Goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors • Goal 1(A): Enhance collaboration with other agencies and the community to better aid the public
• Goal 2(D): Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities
• Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs
• Goal 3: Maintain responsible fiscal management and accountability
ATTACHMENTS
1. FRC Pacific Pantry Subrecipient Agreement Amendment No. 1
2. FRC Mobile Pantry Subrecipient Agreement Amendment No. 3
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: DECEMBER 19, 2022
SUBJECT: WONDER BUS MOU; ANNUAL FINANCIAL CONTRIBUTION TO
MAINTENANCE FUND
______________________________________________________________________
RECOMMENDATION
• Authorize the City Manager to sign a revised Memorandum of Understanding between the Del Norte Child Care Council, First 5 Del Norte, the Del Norte County Office of Education, the City of Crescent City, the Del Norte County Library, Del Norte Child Support Services, and SeaQuake Brewing to support the Wonder Bus Early Literacy and Family Engagement Programs as a Collaborative Partnership.
BACKGROUND
At the June 3, 2019 Council meeting, the Wonder Bus MOU was approved by the City Council. At that time, the change to the MOU was the ownership of the bus.
ANALYSIS
There are no changes to the obligations of the City in this MOU as compared to the most recent MOU.
FISCAL ANALYSIS
The City, as a partner of the Wonder Bus, will contribute $1,000 annually to a special Maintenance Fund for the routine upkeep and major repairs for the Bus.
ATTACHMENT(S)
1. Wonder Bus MOU July 2022 through June 2025
Memorandum of Understanding between the Del Norte Child Care Council, First 5 Del Norte, the Del Norte County Office of Education, the City of Crescent City, the Del Norte County Library, Del Norte Child Support Services, and SeaQuake Brewing to support the Wonder Bus Early literacy and Family Engagement Programs as a Collaborative Partnership.
July 2022 through June 2025
PURPOSE OF THIS MOU
Preserving an ongoing, existing collaborative regarding maintenance and support of high quality use of the Wonder Bus that enhances joint efforts to promote kindergarten readiness and family engagement in early literacy. This MOU replaces prior MOUs for the management of the Wonder Bus.
OWNERSHIP OF THE WONDER BUS
The Del Norte Child Care Council will be responsible for processing and holding all legal documents for the Wonder Bus, including license, registration, and other documents as required by the California Department of Motor Vehicles and/or the California Board of Equalization.
WONDER BUS COLLABORATIVE
The purpose of the Collaborative is to provide accessible and responsive library and early literacy services, parent educational resources, and skill-building tools to Del Norte County's children ages 0-5, and their siblings, parents and caregivers. Through this collaborative agreement, the Wonder Bus will serve as a one-stop library and mobile family resource center for families with young children living throughout Del Norte County, making a special effort to reach low-income, minority, and hard-to-reach families. It is the goal of the Collaborative to promote the school readiness of children 0-5 and the school success of elementary school children through these partnership efforts.
TERM
The term of this agreement shall be from July 1st 2022 through June 30th 2025, or until any of the partners decides to withdraw. At that time, the MOU will be re-negotiated. If a partner wishes to withdraw from the MOU, they must do so in writing.
PARTNER RESPONSIBILITIES
Del Norte Child Care Council will be responsible for the following:
Maintaining a fund to deposit annual partner maintenance contributions and paying for repairs and routine maintenance needs to keep the Wonder Bus in good operating condition.
Maintaining a maintenance file and providing an annual accounting to the partners of repairs, maintenance, and updates made to the Bus.
Operating the Wonder Bus on a part-time basis and providing all operating costs not covered by other partners.
Developing programs and goals for early literacy and outreach. Day-to-day scheduling of the bus and preparing a monthly calendar of site visits. The calendar will be posted to the DNCCC website and will be shared with the partners via email.
$1,000 annually to the maintenance fund for routine upkeep and major repairs. Insuring the Bus through its agency liability policy in the amount of $2,000,000. Developing a data system for the purpose of tracking numbers of children and families served.
Distributing a Parent/Caregiver survey which will seek information to help better meet the needs of young children and their families related to early literacy, the availability of books, and the understanding of the importance of reading to children every day.
Del Norte County Office of Education will be responsible for the following:
Fuel incurred by the Wonder Bus program.
First 5 Del Norte will be responsible for the following:
$1,000 annually to the maintenance fund for routine upkeep and major repairs.
The City of Crescent City will be responsible for the following:
$1,000 annually to the maintenance fund for routine upkeep and major repairs.
Del Norte County Library will be responsible for the following:
$2,000, annually, as its budget allows, for day-to-day operations of the Bus.
Del Norte Child Support Services will be responsible for the following:
$1,000 annually to the maintenance fund for routine upkeep and major repairs.
SeaQuake Brewing will be responsible for the following:
$1,000 annually to the maintenance fund for routine upkeep and major repairs.
Each partner will be billed by the DNCCC in the second fiscal quarter each year for its contribution to the Maintenance and Operations Funds. Any of the partners may elect to increase this contribution, if additional funds are available. New partners that wish to join our collaborative will develop separate agreements with the DNCCC regarding their contributions, terms, responsibilities. Partners will be given a copy of all new agreements developed and will be attached to this MOU as addendums.
Partners have the right to request and will be provided annual reports related to the programs promoted through the Bus, including numbers of families and children served, and an annual accounting related to the Maintenance Fund.
No partner to this collaborative shall assign or sublet the Wonder Bus, in whole or in part, without prior written consent from Del Norte Child Care Council. Partners are allowed to request the Wonder Bus for at least 1 event annually, as long as Del Norte Child Care Council has adequate staffing to support the bus at said event.
SUSTAINABILITY
The Collaborative partners agree to actively seek out new funding sources, public and private, to help defray maintenance and operations costs and further agree to work together to ensure the sustainability of the Wonder Bus over the long-term.
INDEMNIFICATION
Partners to of this Collaborative must indemnify, defend, and hold each other, their employees, directors, and agents harmless from and against any and all claims arising from operation and maintenance of the Wonder Bus as outlined in this agreement.
LIABILITY INSURANCE
Del Norte Child Care Council must, at its expense, obtain and keep in force during the term of this collaborative agreement, a policy or policies of insurance, as follows:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence.
2. Automobile Liability: with limits no less than $2,000,000 per accident for bodily injury and property damage.
Blanket policy is available for the partners to review upon request.
ACKNOWLEDGEMENTS
DNCCC and its partners will acknowledge all contributors on a regular basis, through social media, print media, and website reporting of Wonder Bus activities and its friends.
SIGNATURES
In witness whereof, the parties to this MOU have executed this agreement electronically on the dates set forth below, in Del Norte County, California. ______________________________________________________ ________________ Del Norte Child Care Council- Sarah Campbell Date
______________________________________________________ ________________ First 5 Del Norte- Amira Long Date
______________________________________________________ ________________ Del Norte County Office of Education- Jeff Harris Date
______________________________________________________ ________________ City of Crescent City- Eric Wier Date
______________________________________________________ ________________ Del Norte County Library- Marie Bankovics Jondal Date
______________________________________________________ ________________ Del Norte Child Support Services- Elisabeth Holloway Date ______________________________________________________ ________________ SeaQuake Brewing- Kevin Hartwick Date
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: DECEMBER 19, 2022
SUBJECT: AMENDMENT #1 TO CCPOA MOU SIDE LETTER AGREEMENT
PERTAINING TO POLICE ACADEMY SPONSORSHIP PROGRAM
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-85, A RESOLUTION OF THE CITY OF CRESCENT CITY APPROVING AMENDMENT NO. 1 TO THE SIDE
LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT CITY POLICE OFFICERS’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
BACKGROUND
The City has a Police Academy Sponsorship Program in place for Police Recruits to have their tuition and expenses paid for by the City. Within the Side Letter Agreement to the MOU, it indicates that the recruit is to attend the College of the Redwoods Basic Law Enforcement Academy certified by POST. Due to certain circumstances where it may be preferable to have a candidate attend another POST certified Academy other than College of the Redwoods, an amendment to the Side Letter Agreement is necessary.
ITEM ANALYSIS
Amendment No. 1 to the Side Letter Agreement with CCPOA adds the following language: “or other basic law enforcement academy certified by POST and approved by the Police Chief and City Manager.” Thus, under the appropriate circumstances, the Chief may recommend and the City Manager can approve the enrollment of a police recruit at another POST-certified Police Academy than College of the Redwoods under the City’s Police Academy Sponsorship Program.
ADU Presentation
December 19, 2022
2 FISCAL ANALYSIS
This change is not anticipated to have a negative financial impact. The change could result in savings to the City in certain circumstances.
ATTACHMENTS
• Resolution No. 2022-85
• Amendment No. 1 to Side Letter Agreement to the CCPOA MOU CITY OF CRESCENT CITY RESOLUTION NO. 2022-85 Page 1
RESOLUTION NO. 2022-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING AMENDMENT NO. 1 TO THE SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT CITY POLICE OFFICERS’ ASSOCIATION
EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
WHEREAS, the City Council adopted Resolution No. 2021-45 on August 16, 2021 approving the Memorandum of Understanding between the City of Crescent City and the Crescent City Police Officers Association Effective July 1, 2021 through June 30, 2023 (“MOU”); and WHEREAS, the City Council adopted Resolution No. 2022-12 on February 7, 2022 approving Amendment No. 1 to the MOU and a Side Letter Agreement, which implemented a Police Academy Sponsorship Program; and
WHEREAS, the City and the CCPOA met and conferred regarding an amendment to the Side Letter to allow the Police Chief and City Manager discretion to approve an alternate police academy to College of the Redwoods; and
WHEREAS, a majority of the bargaining unit members of the CCPOA have voted in favor of the Amended Side Letter Agreement to the MOU; and
WHEREAS, Amendment No. 1 to the Side Letter Agreement to the MOU has been recommended for approval by the City Manager and reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City that Amendment No. 1 to the Side Letter Agreement to the Memorandum of Understanding Between the City of Crescent City and the Crescent City Police Officers Association for July 1, 2021 through June 30, 2023 dated December 15, 2022 (attached hereto) is hereby ratified and approved.
PASSED AND ADOPTED and made effective the same day by the City Council of the City of Crescent City at a meeting thereof held on this 19th day of December 2022, by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Isaiah Wright, Mayor
ATTEST:
__________________________
Robin Altman, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: DECEMBER 19, 2022
SUBJECT: AMADOR TANK PHASE 3 REHABILITATION: LETTER OF SUPPORT
FOR ELK VALLEY RANCHERIA GRANT APPLICATION
RECOMMENDATION
• Ratify City Manager’s signature on Letter of Support for Amador Tank Phase 3 Bureau of Reclamation Grant Application by Elk Valley Rancheria.
BACKGROUND
The Amador Tank is a 1.5-million-gallon municipal water storage tank which represents approximately 27% of the City’s total water storage. Multiple studies have been performed on the Amador Tank and all conclude that there is a need to make significant repairs:
Coleman Engineering (2017), Pittsburg Tank & Tower Maintenance Co., Inc. (2013), and CSI Services (2016) and Harper and Associates.
Phase 1 of the Rehabilitation was completed in 2021 in partnership with Elk Valley Rancheria, California (Tribe). The Tribe obtained a $197,000 grant which covered 81% of the $242,500 costs for Phase I of the Amador Tank Rehabilitation project. The Tribe was the project owner and the City was the beneficiary of the invested funds. At the November 16, 2020 City council meeting, the council authorized the City Manager to sign a revised Memorandum of Agreement (MOA) with the Tribe which outlined the bidding process and the transfer of ownership. The agreement was fully executed on January 25, 2021.
On March 18, 2021 the City signed Task Order 3 with SHN to complete design services for the Amador Tank Phase 2 Rehabilitation. Phase 2 entailed removal of all paint and oxidized metals internally and externally for the entire tank, patch repairs, followed by new paint, installation of a new foundation to meet seismic design standards, and a cathodic protection system to extend the useful life of the tank. The Tribe obtained a second Bureau of Reclamation grant on May 5, 2022 for an additional $200,000 to be committed to Phase 2 of the Amador Tank rehabilitation.
AMADOR TANK PHASE 3 LETTER OF SUPPORT
DECEMBER 19, 2022
2 On June 22, 2022, Harper and Associates Engineering, Inc. provided 100% plans and specifications for review.
The Tribal Council of the Elk Valley Rancheria, California authorized bidding the Amador Tank Rehabilitation Phase 2 project on July 29, 2022. The city published the request for bids on August 16, 2022. A pre-bid conference was held on September 8, 2022 with six prospective bidders in attendance. Bid opening was on September 27, 2022 at 2:00pm.
Three responsive bids were received.
Due to the funding shortfall the Council to recommend to the Tribe to reject all bids in favor of a reduced scope bid advertisement to be published at a future date. The Tribe council meeting on December 12, 2022 rejected all bids and rescinded the bid award to Unified Field Services. Also during this council meeting, the Tribe authorized a resolution to apply for the Bureau of Reclamation (BOR) Round 3 grant application in the sum of $400,000 which was due on December 14, 2022.
ITEM ANALYSIS
City staff provided the narrative and budget for the Amador Tank Phase 3 grant application to the Tribe for the Bureau of Reclamation Round 3. Due to the timing of the application the City’s Letter of Support was also drafted, signed and submitted to the Tribe for submission with the grant application. City Staff is seeking ratification of the City Manager’s signature.
FISCAL ANALYSIS
There are no financial consequences regarding the Letter of Support or the BOR grant round 3 application other than city staff time. Below are the anticipated costs for the 4 phase project. Phase 1 is complete, all other expenses shown are estimated future expenditures.
City EVR/BOR Total Comments
Phase 1 $ 45,500 $ 197,000 $ 242,500 Roof & Safety
Phase 2 $ 229,300 $ 200,000 $ 429,300 Rafters & Safety
Phase 3 $ 473,500 $ 400,000 $ 873,500 Seismic
Phase 4 $ 440,000 $ 400,000 $ 840,000 Painting & Cathodic Total $1,188,300 $1,197,000 $2,385,300
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals:
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND
VISITORS
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
AMADOR TANK PHASE 3 LETTER OF SUPPORT
DECEMBER 19, 2022
3 GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
A. Evaluate and optimize additional revenue sources
D. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities
F. Plan and prepare for the growth and future needs of the Crescent City community by:
• Expanding on the success of grant funding by maximizing utilization of opportunities with corresponding community needs.
GOAL 3: OBTAIN THE HIGHEST LEVELS OF ORGANIZATIONAL EXCELLENCE B. Maintain responsible fiscal management and accountability
ATTACHMENTS
1. Signed Letter of Support
December 7, 2022
Bureau of Reclamation
Financial Assistance Support Section
Attn: Darren Olson
P.O. Box 25007, MS 84-27815
Denver, CO 80225
RE: Elk Valley Rancheria, California’s FY2023 Technical Assistance to Tribes Proposal to Rehabilitate the Amador Water Tank Phase 3
Mr. Olson:
The Elk Valley Rancheria, California (the “Tribe”) is applying for the Bureau of Reclamation FY2023 Technical Assistance to Tribes grant for rehabilitating a critical component of the community drinking water system, the Amador Water Tank. The Amador Tank provides emergency water storage for both the Elk Valley Rancheria and the surrounding community of Crescent City (the “City”). Crescent City and the Elk Valley Rancheria (“reservation”) are located in a remote, economically distressed region of the Northwest California coastline. The Tribe is reliant on the City to provide drinking water to the reservation and to tribal members living in Crescent City. Completion of this vital project is the next phase of needed improvements to bring the tank into compliance with current best practices for water storage tanks.
If funded, the City will continue to work collaboratively with the Tribe to complete this project under the guidance of a Memorandum of Agreement. The City has a project that is truly shovel ready. The City has complete plans, specifications, construction estimate, and has performed an environmental review. The City will provide contract administration and construction management throughout the project.
In this remote region, it is understood that partnerships and collaboration are key to solving problems and locating solutions. In 2015, the City and the Tribe successfully partnered on a project to rehabilitate the Crescent City Fire Hall and purchase a new Type 1 Fire Engine. Funded by a Department of Housing Indian Community Development Block Grant, this project served to address an important deficiency in local emergency response capabilities. The City and Tribe have completed Phase 1 of Amador tank rehabilitation through a Current BOR grant of $200,000 with a City match of $42,500 which addressed exterior roof corrosion and some of the worker safety appurtenances. Phase 2 will be constructed in the summer of 2023 with an additional BOR grant of $200,000 and an anticipated City match of $230,000 which will rehabilitate the interior roof corrosion deficiencies and the rest of the worker safety features. If another round of funding is received the City is committed to progressing with Phase 3 with an anticipated City match of $475,000 which will address necessary seismic City of Crescent City
(There the Redwoods Meet the Sea
377 J Street. Crescent City. CA 95531 • 707.464.74S3 • Fax 707.465.4405 www.crescentcity.org upgrades to the water tank to mitigate risk of damage in this earthquake prone region.
Here again, the City and the Tribe are working together to locate resources to address a major water system deficiency that, if funded, will better serve the needs of the Tribe and the entire community. The City wholeheartedly supports this application and appreciates the unique Government to Government relationship that exists between a local government and a federally recognized Tribal government.
If you have any questions, please do not hesitate to contact Eric Wier, City Manager, at (707) 464-7483.
Sincerely,
Eric Wier, City Manager
City of Crescent City
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: DECEMBER 19, 2022
SUBJECT: GOVERNMENT CLAIMS PROCEDURES UPDATE
______________________________________________________________________
RECOMMENDATION
• Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• Waive full reading, read by title only and adopt Ordinance No. 834, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 1.20, CLAIMS, OF TITLE 1, GENERAL PROVISIONS,
OF THE CRESCENT CITY MUNICIPAL CODE TO DELEGATE AUTHORITY
TO THE CITY MANAGER
BACKGROUND
The California Government Claims Act (Gov. Code §§ 810-996.6) establishes timelines and procedures for submitting claims for money or damages against public entities and public employees. These procedures must be followed as a prerequisite to the claimant filing a lawsuit in court. The purpose of this act is to give the public entity prompt notice of the claim so that it can investigate and resolve claims without the need for expensive litigation. It also gives the public entity some time to budget for potential liability on the horizon. Only substantial, not strict, compliance with the Act is required.
There are many types of claims that are not required to comply with the act. Those are claims for which another statute sets forth the procedures for presenting the specific type of claim and claims that are not primarily asking for money or damages as the remedy.
Public entities are authorized to adopt by charter, ordinance, or resolution mandatory procedures for filing claims against the public entities or its employees. In 2007, the City adopted an ordinance which set forth the procedures by which claims against the City or
GOVERNMENT CLAIMS PROCEDURE UPDATE
DECMEBER 19, 2022
2 its employees are to be presented. These procedures are set forth in CCMC Chapter
1.20. The City also expanded the requirement to include all claims for money or damages to be submitted in accordance with the procedures regardless if there is a separate statutory procedure. Two years later, the Council adopted Ordinance No. 741, which amended the code giving the City Manager authority to settle claims for $25,000.00 or less. Although that ordinance was duly adopted, the municipal code was never updated to include that provision. However, the terms of the ordinance are still valid.
ITEM ANALYSIS
The proposed ordinance will update the municipal code to do three things:
1. Increase the City Manager’s settlement authority from $25,000 to $50,000 as allowed by Gov. Code 935.4; and
2. Authorize the City Manager to issue notice of insufficiency to claimants that fail to include the requisite information in their claim; and
3. Authorize the City Manager to deny claims that do not contain enough information to evaluate the merits after the claimant has been given notice of insufficiency and an opportunity to amend the claim; and
4. Provide that if the claim is covered by insurance that the City Manager may settle a claim of up to $50,000 with the concurrence of the City’s insurance carrier; and
5. Provide that if the claim is not covered by insurance that the City Manager may approve a claim of up to $50,000 with the concurrence of legal counsel; and
6. Provide that any claims approved by the City Manager shall be reported to the City Council.
The intent of this ordinance is to streamline the claims process and create greater efficiencies in the handling of claims.
This ordinance in its present form was introduced at the November 21st meeting. The ordinance will take effect on the thirtieth day following adoption.
FISCAL ANALYSIS
There is no fiscal impact as a result of the recommended action, except staff time and publication costs.
STRATEGIC PLAN ANALYSIS
The recommended action supports the following Strategic Plan Goals:
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND VISITORS; and
GOAL 3: OBTAIN THE HIGHEST LEVELS OF ORGANIZATIONAL EXCELLENCE (B) Maintain responsible fiscal management and accountability
GOVERNMENT CLAIMS PROCEDURE UPDATE
DECMEBER 19, 2022
3 (D) Seek methods to create efficiencies and add additional value without compromising safety or performance.
ATTACHMENTS
1. Introduced Ordinance No. 834
_____________________________________________________________________________________ City of Crescent City Ordinance No. 834 Page 1 of 2
ORDINANCE NO. 834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 1.20, CLAIMS, OF TITLE 1, GENERAL PROVISIONS, OF THE
CRESCENT CITY MUNICIPAL CODE TO DELEGATE AUTHORITY TO THE CITY MANAGER WHEREAS, the City of Crescent City is a general law city incorporated under the laws of State of California in 1854; and
WHEREAS, in 2007 an ordinance was adopted establishing procedures for submitting claims against the City of Crescent City pursuant to Government Code Section 910 et seq. (CCMC Chapter 1.20); and
WHEREAS, in 2009, an ordinance was adopted to authorize the City Manager to allow, compromise or settle claims in the amount of $25,000 or less pursuant to Government Code Section 935.4; and
WHEREAS, the 2009 ordinance was not codified in the CCMC and Government Code Section 935.4 has been increased to $50,000; and
WHEREAS, authorizing the City Manager to handle these claims in consultation with the City’s insurance carrier is the most efficient manner of doing so.
NOW, THERFORE, the City Council of the City of Crescent City, State of California, hereby ordains:
SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.
SECTION 2. CODE AMENDMENT. Chapter 1.20, CLAIMS, of Title 1, GENERAL PROVISIONS, of the Crescent City Municipal Code is hereby amended to include the following section:
1.20.060 Authorization to Act
a. With the written concurrence of the City’s third-party claims adjuster, or legal counsel if the claim is not covered by insurance, the City Manager is authorized to allow, compromise, or settle a claim against the City if the amount to be paid pursuant to the allowance, compromise or settlement does not exceed $50,000. All claims settled under this provision shall be reported to the City Council. b. The City Manager is authorized to issue notice of insufficiency of claim to any claimant in accordance with Government Code Section 910.8.
c. The City Manager is authorized to deny a claim for any amount on behalf of the City when (1) claimant has been given notice of insufficiency and opportunity to cure; (2) the claimant has failed to remedy the claim’s defects; and (3) the claim lacks sufficient information to evaluate its merit.
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to _____________________________________________________________________________________ City of Crescent City Ordinance No. 834 Page 2 of 2
be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
INTRODUCED at a meeting of the City Council of the City of Crescent City held on November 21, 2022.
PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this 19th day of December 2022 by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Isaiah Wright, Mayor
ATTEST:
Robin Altman, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
MINUTES
Crescent City Housing Authority
REGULAR MEETING
NOVEMBER 21, 2022 AT 6:00 P.M.
FLYNN CENTER, 981 H STREET, CRESCENT CITY, CA 95531
CALL TO ORDER Chair Greenough called the meeting to order at 6:40 p.m.
ROLL CALL Directors present: Director Ray Altman, Director Blake Inscore, Vice-Chair Isaiah Wright, and Chair Jason Greenough
Staff present: City Manager Eric Wier, City Attorney Martha Rice, Board Secretary Robin Altman, and Housing Authority Executive Director Megan Miller
CONSENT CALENDAR
10. Meeting Minutes
• Recommendation: Approve the October 17, 2022 regular meeting minutes of the Crescent City Housing Authority.
11. 2023 Payment Standard Schedule
• Recommendation: Staff and Housing Authority Commission unanimously recommend approval of the 2023 payment standard schedule for the HCV program
12. 2023 Utility Allowances Schedules
• Recommendation: Staff and Housing Authority Commission recommend the Board consider and approve the proposed 2023 utility allowance schedules for the HCV program
There were no comments from the public.
On a motion by Director Wright, seconded by Director Altman, and carried on a 4-0 polled vote, the Crescent City Housing Authority Board of Directors adopted the consent calendar consisting of items 10-12 as presented
PUBLIC HEARING - None
NEW BUSINESS - None
ADJOURNMENT
There being no further business to come before the Board of Directors, Chair Greenough adjourned the meeting at 6:42 p.m. to the next meeting of the Crescent City Housing Authority Board of Directors on Monday, December 19, 2022 in the Board Chambers at 981 H Street, Crescent City, CA 95531
ATTEST:
_______________________
Robin Altman
City Clerk/Administrative Analyst
CRESCENT CITY HOUSING AUTHORITY
AGENDA REPORT
TO: CHAIR WRIGHT AND MEMBERS OF THE BOARD
FROM: ERIC WIER, CITY MANAGER
BY: MEGAN MILLER, HOUSING DIRECTOR
DATE: DECEMBER 19, 2022
SUBJECT: CONDITIONALLY AWARD 70 PROJECT BASED VOUCHERS TO THE
BATTERY POINT APARTMENTS PROJECT
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Conditionally award 70 Project Based Vouchers (PBV’s) to Synergy for use at Battery Point Apartments, pending completion of NEPA review and subsidy layering analysis prior to execution of an agreement to enter into an Agreement to execute a Housing Assistance Payments Contract (“AHAP). • Approve and adopt Resolution No. HA2022-04, A Resolution of the Board of Directors of the Crescent City Housing Authority Approving the Selection of a Housing Choice Voucher Project Based Voucher Proposal
BACKGROUND
The Crescent City Housing Authority (CCHA) receives grant funding from the Department of Housing and Urban Development (HUD) to administer the Housing Choice Voucher (HCV) program. The HCV program grant provides tenant-based rental assistance to verylow income families (no more than 50 percent of the area median income) to rent safe, decent, and affordable housing units in the private rental market. The CCHA has the authority to administer 658 Housing Assistance Payment (HAP) vouchers.
Project Based Vouchers (PBV’s) are a component of the HCV program. A Public Housing Authority (PHA) may project-base up to 20 percent of its authorized number of vouchers for a contract term of up to 20 years with the ability to renew or extend the contract depending on funding availability. A PHA may project-base an additional 10% of its units above the 20% limit if the units are specifically made available to homeless, elderly, disabled, or veteran populations. Under the tenant-based HCV program, the CCHA issues an eligible family a voucher and the family selects a unit of its choice. If the family moves out of the unit, the contract with the landlord ends and the family can move with Conditional Award of Housing Based Voucher – Battery Point December 19, 2022
continued assistance to another unit. Under the PBV program, the CCHA would enter into an assistance contract with the property owner for specified units and for a specified term.
The CCHA would refer families from its PBV waiting list to the project owner to fill vacancies. After one year of occupancy, the family would be eligible to convert the PBV into a tenant-based voucher should they choose to relocate out of the PBV complex.
The advantage of PBV’s for CCHA is to provide developers with an additional financial tool to leverage other financing resources for construction, conversion, rehabilitation, or preservation of housing for low-income families. PBV’s have the potential to improve the project’s cash flow because most funding resources available to affordable housing developers restrict the rent that can be collected from tenants to an affordable amount that is usually far less than a comparable unit would generate on the open market. The PBV program pays market-rate rents by essentially subsidizing the difference between an affordable rent required by other affordable housing funding sources, and the marketrate rent for a particular unit.
In September 2022, the CCHA issued a Request for Proposal (RFP) and announced the availability of up to 70 PBV’s for new development multi-family housing projects. One proposal was received, which was compliant with the basic RFP requirements. The project was rated and ranked based on the criteria provided within the RFP and the CCHA Administrative Plan. Based on the rating and ranking process, the proposal scored 94%.
THE PROJECT
The proposed project, Battery Point Apartments, will comprise 40 senior affordable and 120 family affordable and workforce housing units, plus two onsite manager units. PBV’s have been requested for 40 senior units and 30 family units. Seniors will have one- and two-bedroom unit sizes available, while the family units will be offered in two-, three-, and four-bedroom options. The project site is behind Joe Hamilton School, conveniently located within one mile of grocery shopping, pharmacies, and public parks. Plans for the development include community centers, play areas for children, a dog park, off-street parking, and walking trails for resident enjoyment.
The Battery Point Apartments development is being proposed by Synergy, a CA nonprofit public benefit corporation based in Los Angeles. Synergy will be applying for funding from several different entities, including Housing and Community Development (HCD), California Tax Credit Allocation Committee (CTCAC) and California Housing Finance Agency (CalHFA) and the project timeline will be dependent on the outcome of those applications. Tentatively, the project could break ground as early as winter 2023.
ANALYSIS
The Housing Authority stands to benefit substantially from a dedication of project-based vouchers. The ability to provide more opportunities for affordable housing to our participants, particularly a specified designation of units for the exclusive use of our Conditional Award of Housing Based Voucher – Battery Point December 19, 2022
program participants, is the most significant advantage. Other benefits include reduced inspection requirements, reduced affordability barriers for our participants, and improved voucher utilization.
The proposed project also offers benefits to the City of Crescent City. Securing low-tomoderate housing units is important for the City to meet its annual housing allocations as required by HCD. Several policies within the Housing Element, which is a part of the General Plan, require that the City promote the development of low-to-moderate income housing. The project site is located within the City limits and will increase the City’s affordable housing stock by 160 units.
A PBV commitment at The Legacy will support the CCHA’s goal of expanding housing opportunities in our jurisdiction for low-income families and will diversify the CCHA’s portfolio to encourage full utilization of available vouchers in times of low vacancy rates in the community.
FISCAL IMPACT
Committing PBV’s to the proposed project will have no fiscal impact to the CCHA. The funds for PBV are already included within the CCHA’s annual budget authority.
ATTACHMENTS
• Resolution No. 2022HA-04
• Battery Point Apartments – Project Based Voucher Proposal (10/23/2022) Housing Authority of the City of Crescent City
Board Resolution Number: HA2022-04
Resolution to Approve the Selection of a Section 8 Housing Choice Voucher Project Based Voucher Proposal
WHEREAS: The Housing Authority of the City of Crescent City (CCHA) wishes to implement the Section 8 Housing Choice Voucher Project Based Voucher Program; WHEREAS: CCHA included the possibility of operating the Project Based Voucher (PBV) Program in the Housing Authority of Crescent City Annual Plan; WHEREAS: CCHA adopted a PBV policy within its Section 8 Housing Choice Voucher (HCV) Administrative Plan that allows for the selection of a PBV proposal pursuant to 24 CFR, Section 983.51 Owner Proposal Selection Procedures.
WHEREAS: The proposed site complies with the Site Selection Requirements at 983.57 (b) Site Selection Standards, including (1) Deconcentrating poverty, and expanding housing and economic opportunities, (2) facilitating and furthering compliance with the applicable provisions of the Civil Rights and Section 504 regulations, and (3) HQS Site and Neighborhood Standards.
WHEREAS: The proposed site complies with the Site and Neighborhood Standards at 24 CFR, Section 983.57 (d), including (1) adequate size, exposure, and contour, (2) promoting greater choice of housing opportunities, (3) accessible to municipal facilities and services, and (4) reasonable travel time to employment.
NOW THEREFORE be it resolved the Board of Directors of the Housing Authority of the City of Crescent City approves the selection of Battery Point Apartments and authorizes CCHA to execute an agreement to enter a Housing Assistance Payments contract with Synergy pending successful completion of NEPA review and subsidy layering analysis.
Isaiah Wright, Board Chair Robin Altman, City Clerk
(Print Name) (Print Name)
_______________________________________ ________________________________ Date Date
HOUSING AUTHORITY BOARD AGENDA REPORT
TO: CHAIR WRIGHT AND MEMBERS OF THE BOARD
DATE: DECEMBER 19, 2022
BY: MEGAN MILLER, HOUSING DIRECTOR
SUBJECT: PROPOSED REVISIONS TO ADMINISTRATIVE PLAN: CHAPTER 17,
PROJECT BASED VOUCHERS
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Council discussion
• Approve proposed revisions to Administrative Plan Chapter 17: Project Based Vouchers as presented
BACKGROUND
Each public housing authority (PHA) must adopt a written administrative plan that establishes local polices for administration of the Section 8 program in accordance with HUD requirements. The administrative plan and any revision of the plan must be formally adopted by the PHA’s governing board. The administrative plan states the PHA policy on matters for which the PHA has discretion to establish local policies.
ITEM ANALYSIS
In Chapter 17, two revisions to the Administrative Plan language are being proposed. They are as follows:
• On page 3, under “Additional Project Based Units,” we are changing the current language, which states that we will not project base units beyond 20% of our authorized units. The updated language states that we will project base an additional 10% of units above the 20% program limit. This change is being proposed in anticipation of our PBV AHAP at The Legacy, which serves a population meeting the excepted criteria and allowing for an additional 10% of PBV’s beyond the 20% program cap.
• On page 15, under “Cap on Number of PBV Units in Each Project,” we are changing the current language, which states that we will allow exceptions to the project cap for senior projects only. The updated language states that we will allow exceptions to the project cap for all allowable criteria. This change is being proposed in anticipation of our PBV AHAP at The Legacy, which serves a population that meets the criteria for an exception to the project cap.
ADMIN PLAN REVISIONS – CH. 17 PROJECT BASED VOUCHERS
DECEMBER 19, 2022
2 These changes will essentially mean that the inclusion of the Legacy in the PBV program will not impact the number of PBVs the HA can utilize elsewhere in the County.
FISCAL ANALYSIS
This action will not have an immediate direct impact on the Housing Authority. However, given the current underutilization of Section 8 vouchers and the need for additional housing, additional PBVs could be key to getting housing for our Section 8 waitlisted applicants.
ATTACHMENTS
• Crescent City Housing Authority Admin Plan, Chap. 17 with proposed revisions 1 Chapter 17
PROJECT-BASED VOUCHERS
INTRODUCTION
This chapter describes HUD regulations and PHA policies related to the project-based voucher (PBV) program in nine parts:
Part I: General Requirements. This part describes general provisions of the PBV program including maximum budget authority requirements, relocation requirements, and equal opportunity requirements.
Part II: PBV Owner Proposals. This part includes policies related to the submission and selection of owner proposals for PBV assistance. It describes the factors the PHA will consider when selecting proposals, the type of housing that is eligible to receive PBV assistance, the cap on assistance at projects receiving PBV assistance, subsidy layering requirements, site selection standards, and environmental review requirements.
Part III: Dwelling Units. This part describes requirements related to housing quality standards, the type and frequency of inspections, and housing accessibility for persons with disabilities.
Part IV: Rehabilitated and Newly Constructed Units. This part describes requirements and policies related to the development and completion of rehabilitated and newly constructed housing units that will be receiving PBV assistance.
Part V: Housing Assistance Payments Contract. This part discusses HAP contract requirements and policies including the execution, term, and termination of the HAP contract. In addition, it describes how the HAP contract may be amended and identifies provisions that may be added to the HAP contract at the PHA’s discretion.
Part VI: Selection of PBV Program Participants. This part describes the requirements and policies governing how the PHA and the owner will select a family to receive PBV assistance.
Part VII: Occupancy. This part discusses occupancy requirements related to the lease, and describes under what conditions families are allowed or required to move. In addition, exceptions to the occupancy cap (which limits PBV assistance to 25 percent of the units in any project) are also discussed.
Part VIII: Determining Rent to Owner. This part describes how the initial rent to owner is determined, and how rent will be redetermined throughout the life of the HAP contract.
Rent reasonableness requirements are also discussed.
Part IX: Payments to Owner. This part describes the types of payments owners may receive under this program.
2 3
PART I: GENERAL REQUIREMENTS
17-I.A. OVERVIEW [24 CFR 983.5]
The project-based voucher (PBV) program allows PHAs that already administer a tenant-based voucher program under an annual contributions contract (ACC) with HUD to take up to 20 percent of its authorized units and attach the funding to specific units rather than using it for tenant-based assistance [24 CFR 983.6]. PHAs may only operate a PBV program if doing so is consistent with the PHA’s Annual Plan, and the goal of deconcentrating poverty and expanding housing and economic opportunities [42 U.S.C. 1437f(o)(13)].
CCHA Policy
CCHA will operate a project-based voucher program using up to 20 percent of its authorized units for project-based assistance.
PBV assistance may be attached to existing housing or newly constructed or rehabilitated housing [24 CFR 983.52]. If PBV units are already selected for project-based assistance either under an agreement to enter into HAP Contract (Agreement) or a HAP contract, the PHA is not required to reduce the number of these units if the amount of authorized units is subsequently reduced. However, the PHA is responsible for determining the amount of budget authority that is available for project-based vouchers and ensuring that the amount of assistance that is attached to units is within the amounts available under the ACC, regardless of whether the PHA has vouchers available for project-basing [FR Notice 1/18/17].
Additional Project-Based Units [FR Notice 1/18/17]
The PHA may project-base an additional 10 percent of its units above the 20 percent program limit, if the units:
• Are specifically made available to house individuals and families that meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).
• Are specifically made available to house families that are comprised of or include a veteran. - Veteran means an individual who has served in the United States Armed Forces. • Provide supportive housing to persons with disabilities or elderly persons as defined in 24 CFR 5.403.
• Are located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year Estimates.
CCHA Policy
CCHA will project base an additional 10 percent of units above the 20 percent program limit.
4 Units Not Subject to the PBV Program Limitation [FR Notice 1/18/17] PBV units under the RAD program and HUD-VASH PBV set-aside vouchers do not count toward the 20 percent limitation when PBV assistance is attached to them.
In addition, units that were previously subject to certain federal rent restrictions or were receiving another type of long-term housing subsidy provided by HUD are not subject to the cap.
In order to be excepted, the unit must meet the following conditions:
• The unit must be covered under a PBV HAP contract that first became effective on or after 4/18/17; and
• In the five years prior to the date the PHA either issued the RFP or selected the project, the unit either:
- Received Public Housing Capital or Operating Funds, Project-Based Rental Assistance, Housing for Elderly (Section 202), Housing for Persons with Disabilities (section 811), Rent Supplement (Rent Supp), or Rental Assistance Program (RAP); or - The unit was subject to a rent restriction through a loan or insurance program as a result of Section 236, Section 221(d)(3) or (d)(4) BMIR, Housing for Elderly Persons (Section 202), or Housing for Persons with Disabilities (Section 811) Units that have previously received either PBV or HCV assistance are not covered under the exception.
CCHA Policy
CCHA will not project-base any of the above unit types. 5 17-I.B. TENANT-BASED VS. PROJECT-BASED VOUCHER ASSISTANCE [24 CFR 983.2]
Much of the tenant-based voucher program regulations also apply to the PBV program.
Consequently, many of the PHA policies related to tenant-based assistance also apply to PBV assistance. The provisions of the tenant-based voucher regulations that do not apply to the PBV program are listed at 24 CFR 983.2.
CCHA Policy
Except as otherwise noted in this chapter, or unless specifically prohibited by PBV program regulations, CCHA policies for the tenant-based voucher program contained in this administrative plan also apply to the PBV program and its participants. 17-I.C. RELOCATION REQUIREMENTS [24 CFR 983.7]
Any persons displaced as a result of implementation of the PBV program must be provided relocation assistance in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)[42 U.S.C. 4201-4655] and implementing regulations at 49 CFR part 24.
The cost of required relocation assistance may be paid with funds provided by the owner, local public funds, or funds available from other sources. PHAs may not use voucher program funds to cover relocation costs, except that PHAs may use their administrative fee reserve to pay for relocation expenses after all other program administrative expenses are satisfied, and provided that payment of the relocation benefits is consistent with state and local law. Use of the administrative fee for these purposes must also be consistent with other legal and regulatory requirements, including the requirement in 24 CFR 982.155 and other official HUD issuances.
The acquisition of real property for a PBV project is subject to the URA and 49 CFR part 24, subpart B. It is the responsibility of the PHA to ensure the owner complies with these requirements.
17-I.D. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8]
The PHA must comply with all equal opportunity requirements under federal law and regulations in its implementation of the PBV program. This includes the requirements and authorities cited at 24 CFR 5.105(a). In addition, the PHA must comply with the PHA Plan certification on civil rights and affirmatively furthering fair housing, submitted in accordance with 24 CFR 903.7(o). 6 7
PART II: PBV OWNER PROPOSALS
17-II.A. OVERVIEW
With certain exceptions, the PHA must describe the procedures for owner submission of PBV proposals and for PHA selection of PBV proposals [24 CFR 983.51]. Before selecting a PBV proposal, the PHA must determine that the PBV proposal complies with HUD program regulations and requirements, including a determination that the property is eligible housing [24 CFR 983.53 and 983.54], complies with the cap on the number of PBV units per project [24 CFR 983.56], and meets the site selection standards [24 CFR 983.57]. The PHA may not commit PBVs until or unless it has followed the proposal selection requirements defined in 24 CFR 983.51 [Notice PIH 2011-54].
17-II.B. OWNER PROPOSAL SELECTION PROCEDURES [24 CFR 983.51(b)] The PHA must select PBV proposals in accordance with the selection procedures in the PHA administrative plan. The PHA must select PBV proposals by either of the following two methods.
• PHA request for PBV Proposals. The PHA may solicit proposals by using a request for proposals to select proposals on a competitive basis in response to the PHA request. The PHA may not limit proposals to a single site or impose restrictions that explicitly or practically preclude owner submission of proposals for PBV housing on different sites. • The PHA may select proposal that were previously selected based on a competition. This may include selection of a proposal for housing assisted under a federal, state, or local government housing assistance program that was subject to a competition in accordance with the requirements of the applicable program, community development program, or supportive services program that requires competitive selection of proposals (e.g., HOME, and units for which competitively awarded LIHTCs have been provided), where the proposal has been selected in accordance with such program's competitive selection requirements within three years of the PBV proposal selection date, and the earlier competitive selection proposal did not involve any consideration that the project would receive PBV assistance. The PHA need not conduct another competition.
Units Selected Non-Competitively [FR Notice 1/18/17]
For certain public housing projects where the PHA has an ownership interest or control and will spend a minimum amount per unit on rehabilitation or construction, the PHA may select a project without following one of the two processes above.
CCHA Policy
CCHA will not attach PBVs to projects owned by CCHA as described above. 8 Solicitation and Selection of PBV Proposals [24 CFR 983.51(c)] PHA procedures for selecting PBV proposals must be designed and actually operated to provide broad public notice of the opportunity to offer PBV proposals for consideration by the PHA.
The public notice procedures may include publication of the public notice in a local newspaper of general circulation and other means designed and actually operated to provide broad public notice. The public notice of the PHA request for PBV proposals must specify the submission deadline. Detailed application and selection information must be provided at the request of interested parties.
CCHA Policy
PHA Request for Proposals for Rehabilitated and Newly Constructed Units CCHA will advertise its request for proposals (RFP) for rehabilitated and newly constructed housing in the following newspapers and trade journals:
The Triplicate
In addition, CCHA will post the RFP and proposal submission and rating and ranking procedures on its electronic web site.
CCHA will publish its advertisement in the newspapers and trade journals mentioned above for at least one day per week for three consecutive weeks. The advertisement will specify the number of units CCHA estimates that it will be able to assist under the funding CCHA is making available. Proposals will be due in the CCHA office by close of business 30 calendar days from the date of the last publication.
In order for the proposal to be considered, the owner must submit the proposal to the CCHA by the published deadline date, and the proposal must respond to all requirements as outlined in the RFP. Incomplete proposals will not be reviewed.
The CCHA will rate and rank proposals for rehabilitated and newly constructed housing using the following criteria:
Owner experience and capability to build or rehabilitate housing as identified in the RFP;
Extent to which the project furthers CCHA goal of deconcentrating poverty and expanding housing and economic opportunities;
If applicable, the extent to which services for special populations are provided on site or in the immediate area for occupants of the property; and 9 PHA Requests for Proposals for Existing Housing Units CCHA will advertise its request for proposals (RFP) for existing housing in the following newspapers and trade journals.
The Triplicate
In addition, CCHA will post the notice inviting such proposal submission and the rating and ranking procedures on its electronic web site.
CCHA will periodically publish its advertisement in the newspapers and trade journals mentioned above for at least one day per week for three consecutive weeks. The advertisement will specify the number of units CCHA estimates that it will be able to assist under the funding CCHA is making available. Owner proposals will be accepted on a first-come first-served basis and will be evaluated using the following criteria:
Experience as an owner in the tenant-based voucher program and owner compliance with the owner’s obligations under the tenant-based program; Extent to which the project furthers the CCHA goal of deconcentrating poverty and expanding housing and economic opportunities;
If applicable, extent to which services for special populations are provided on site or in the immediate area for occupants of the property; and Extent to which units are occupied by families that are eligible to participate in the PBV program.
10 CCHA Selection of Proposals Subject to a Previous Competition under a Federal, State, or Local Housing Assistance Program
CCHA will accept proposals for PBV assistance from owners that were competitively selected under another federal, state or local housing assistance program, including projects that were competitively awarded Low-Income Housing Tax Credits on an ongoing basis.
CCHA may periodically advertise that it is accepting proposals, in the following newspapers and trade journals:
The Triplicate
In addition to, or in place of advertising, the CCHA may also directly contact specific owners that have already been selected for Federal, state, or local housing assistance based on a previously held competition, to inform them of available PBV assistance.
Proposals will be reviewed on a first-come first-served basis. CCHA will evaluate each proposal on its merits using the following factors:
Extent to which the project furthers the CCHA goal of deconcentrating poverty and expanding housing and economic opportunities; and
Extent to which the proposal complements other local activities such as the redevelopment of a public housing site under the HOPE VI program, the HOME program, CDBG activities, other development activities in a HUD-designated Enterprise Zone, Economic Community, or Renewal Community. 11 PHA-Owned Units [24 CFR 983.51(e), 983.59, Notice PIH 2015-05, and FR Notice 1/18/17] A PHA-owned unit may be assisted under the PBV program only if the HUD field office or HUD-approved independent entity reviews the selection process and determines that the PHAowned units were appropriately selected based on the selection procedures specified in the PHA administrative plan. If the PHA selects a proposal for housing that is owned or controlled by the PHA, the PHA must identify the entity that will review the PHA proposal selection process and perform specific functions with respect to rent determinations and inspections.
In the case of PHA-owned units, the term of the HAP contract and any HAP contract renewal must be agreed upon by the PHA and a HUD-approved independent entity. In addition, an independent entity must determine the rent to owner, the redetermined rent to owner, and reasonable rent. Housing quality standards inspections must also be conducted by an independent entity.
The independent entity that performs these program services may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government) or another HUD-approved public or private independent entity.
CCHA Policy
CCHA will not submit a proposal for project-based housing that is owned or controlled by CCHA.
The PHA may only compensate the independent entity from PHA ongoing administrative fee income (including amounts credited to the administrative fee reserve). The PHA may not use other program receipts to compensate the independent entity for its services. The PHA and independent entity may not charge the family any fee for the appraisal or the services provided by the independent entity.
12 PHA Notice of Owner Selection [24 CFR 983.51(d)]
The PHA must give prompt written notice to the party that submitted a selected proposal and must also give prompt public notice of such selection. Public notice procedures may include publication of public notice in a local newspaper of general circulation and other means designed and actually operated to provide broad public notice.
CCHA Policy
Within 10 business days of CCHA making the selection, CCHA will notify the selected owner in writing of the owner’s selection for the PBV program. CCHA will also notify in writing all owners that submitted proposals that were not selected and advise such owners of the name of the selected owner.
In addition, CCHA will publish its notice for selection of PBV proposals for two consecutive days in the same newspapers and trade journals CCHA used to solicit the proposals. The announcement will include the name of the owner that was selected for the PBV program. CCHA will also post the notice of owner selection on its electronic web site.
CCHA will make available to any interested party its rating and ranking sheets and documents that identify CCHA basis for selecting the proposal. These documents will be available for review by the public and other interested parties for one month after publication of the notice of owner selection. CCHA will not make available sensitive owner information that is privileged, such as financial statements and similar information about the owner.
CCHA will make these documents available for review at CCHA during normal business hours. The cost for reproduction of allowable documents will be $.25 per page. 17-II.C. HOUSING TYPE [24 CFR 983.52]
The PHA may attach PBV assistance for units in existing housing or for newly constructed or rehabilitated housing developed under and in accordance with an agreement to enter into a housing assistance payments contract that was executed prior to the start of construction. A housing unit is considered an existing unit for purposes of the PBV program, if, at the time of notice of PHA selection, the units substantially comply with HQS. Units for which new construction or rehabilitation began after the owner's proposal submission but prior to the execution of the HAP do not subsequently qualify as existing housing. Units that were newly constructed or rehabilitated in violation of program requirements also do not qualify as existing housing.
The PHA must decide what housing type, new construction, rehabilitation, or existing housing, will be used to develop project-based housing. The PHA choice of housing type must be reflected in its solicitation for proposals.
13 17-II.D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS Ineligible Housing Types [24 CFR 983.53]
The PHA may not attach or pay PBV assistance to shared housing units; units on the grounds of a penal reformatory, medical, mental, or similar public or private institution; nursing homes or facilities providing continuous psychiatric, medical, nursing services, board and care, or intermediate care (except that assistance may be provided in assisted living facilities); units that are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students; manufactured homes; and transitional housing. In addition, the PHA may not attach or pay PBV assistance for a unit occupied by an owner and the PHA may not select or enter into an agreement to enter into a HAP contract or HAP contract for a unit occupied by a family ineligible for participation in the PBV program. A member of a cooperative who owns shares in the project assisted under the PBV program is not considered an owner for purposes of participation in the PBV program. Finally, PBV assistance may not be attached to units for which construction or rehabilitation has started after the proposal submission and prior to the execution of an AHAP.
Subsidized Housing [24 CFR 983.54]
A PHA may not attach or pay PBV assistance to units in any of the following types of subsidized housing:
• A public housing unit;
• A unit subsidized with any other form of Section 8 assistance; • A unit subsidized with any governmental rent subsidy; • A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing;
• A unit subsidized with Section 236 rental assistance payments (except that a PHA may attach assistance to a unit subsidized with Section 236 interest reduction payments); • A Section 202 project for non-elderly with disabilities; • Section 811 project-based supportive housing for persons with disabilities; • Section 202 supportive housing for the elderly;
• A Section 101 rent supplement project;
• A unit subsidized with any form of tenant-based rental assistance; • A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or the PHA in accordance with HUD requirements.
14 17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, FR Notice 11/24/08, FR Notice 7/9/10, and FR Notice 6/25/14]
The PHA may provide PBV assistance only in accordance with HUD subsidy layering regulations [24 CFR 4.13] and other requirements.
The subsidy layering review is intended to prevent excessive public assistance by combining (layering) housing assistance payment subsidy under the PBV program with other governmental housing assistance from federal, state, or local agencies, including assistance such as tax concessions or tax credits.
Subsidy layering requirements do not apply to existing housing. A further subsidy layering review is not required for new construction or rehabilitation if HUD's designee has conducted a review that included a review of PBV assistance in accordance with the PBV subsidy layering guidelines.
The PHA must submit the necessary documentation to HUD for a subsidy layering review.
Except in cases noted above, the PHA may not enter into an agreement to enter into a HAP contract or a HAP contract until HUD, or a HUD-approved housing credit agency (HCA), has conducted any required subsidy layering review and determined that the PBV assistance is in accordance with HUD subsidy layering requirements. However, in order to satisfy applicable requirements, HCAs must conduct subsidy layering reviews in compliance with the guidelines set forth in the Federal Register notice published July 9, 2010.
The HAP contract must contain the owner's certification that the project has not received and will not receive (before or during the term of the HAP contract) any public assistance for acquisition, development, or operation of the housing other than assistance disclosed in the subsidy layering review in accordance with HUD requirements. 15 17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT
25 Percent per Project Cap [24 CFR 983.56]
In general, the PHA may not select a proposal to provide PBV assistance for units in a project or enter into an agreement to enter into a HAP or a HAP contract to provide PBV assistance for units in a project, if the total number of dwelling units in the project that will receive PBV assistance during the term of the PBV HAP contract is more than the greater of 25 units or 25 percent of the number of dwelling units (assisted or unassisted) in the project.
Exceptions to 25 Percent per Project Cap [FR Notice 1/18/17] Exceptions are allowed and PBV units are not counted against the 25 percent or 25-unit per project cap if:
• The units are exclusively for elderly families
• The units are for households eligible for supportive services available to all families receiving PBV assistance in the project
• The project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year estimates The Housing Opportunity Through Modernization Act of 2016 (HOTMA) eliminated the project cap exemption for projects that serve disabled families and modified the exception for supportive services. Projects where these caps were implemented prior to HOTMA may continue to use the former exemptions and may renew their HAP contracts under the old requirements, unless the PHA and owner agree to change the conditions of the HAP contract. However, this change may not be made if it would jeopardize an assisted family’s eligibility for continued assistance in the project.
PHAs must include in the PHA administrative plan the type of services offered to families for a project to qualify for the exception and the extent to which such services will be provided. The project must make supportive services available to all families receiving PBV assistance in the project, but the family does not actually have to accept and receive supportive services for the exception to apply to the unit. It is not necessary that the services be provided at or by the project, but must be reasonably available to families receiving PBV assistance at the project and designed to help families in the project achieve self-sufficiency or live in the community as independently as possible. A PHA may not require participation in the supportive service as a condition of living in the excepted unit, although such services may be offered.
If a family at the time of initial tenancy is receiving, and while the resident of an excepted unit has received, FSS supportive services or any other supportive services as defined in the PHA administrative plan, and successfully completes the FSS contract of participation or the supportive services requirement, the unit continues to count as an excepted unit for as long as the family resides in the unit.
CCHA Policy
CCHA will allow exceptions to the 25% percent per project cap for all allowable criteria. 16 Projects not Subject to a Project Cap [FR Notice 1/18/17] PBV units that were previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD are exempt from the project cap. In other words, 100 percent of the units in these projects may receive PBV assistance. To qualify for the exception, the unit must:
• Be covered by a PBV HAP contract that first became effective on or after 4/18/17; and • In the five years prior to the date the PHA either issued the RFP under which the project was selected or the PHA selected the project without competition, the unit met at least one of the two following conditions:
- The unit received Public Housing Capital or Operating Funds, Project-Based Rental Assistance, Housing for the Elderly (Section 303), Housing for Persons with disabilities (Section 811), the Rental Supplement program,
- The unit was subject to a rent restriction as a result of one of the following HUD loans or insurance programs: Section 236, Section 221(d)(3) or (d)(4) BMIR, Housing for the Elderly (Section 202), or Housing for Persons with Disabilities (Section 811) Units that were previously receiving PBV assistance are not covered by the exception. Both existing and rehabilitation units are eligible for this exception. Newly constructed units qualify if they meet the definition of replacement unit described in FR Notice 1/18/17.
CCHA Policy
CCHA does not have any PBV units that are subject to the per project cap exception.
Promoting Partially-Assisted Projects [24 CFR 983.56(c)] A PHA may establish local requirements designed to promote PBV assistance in partially assisted projects. A partially assisted project is a project in which there are fewer units covered by a HAP contract than residential units [24 CFR 983.3].
A PHA may establish a per-project cap on the number of units that will receive PBV assistance or other project-based assistance in a multifamily project containing excepted units or in a singlefamily building. A PHA may also determine not to provide PBV assistance for excepted units, or the PHA may establish a per-project cap of less than 25 percent.
CCHA Policy:
CCHA will not impose any further cap on the number of PBV units assisted per project. 17 17-II.G. SITE SELECTION STANDARDS
Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)]
The PHA may not select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an agreement to enter into a HAP contract or HAP contract for units on the site, unless the PHA has determined that PBV assistance for housing at the selected site is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities. The standard for deconcentrating poverty and expanding housing and economic opportunities must be consistent with the PHA Plan under 24 CFR 903 and the PHA administrative plan.
In addition, prior to selecting a proposal, the PHA must determine that the site is suitable from the standpoint of facilitating and furthering full compliance with the applicable Civil Rights Laws, regulations, and Executive Orders, and that the site meets the HQS site and neighborhood standards at 24 CFR 982.401(l).
CCHA Policy
It is CCHA goal to select sites for PBV housing that provide for deconcentrating poverty and expanding housing and economic opportunities. In complying with this goal CCHA will limit approval of sites for PBV housing in census tracts that have poverty concentrations of 20 percent or less.
However, CCHA will grant exceptions to the 20 percent standard where CCHA determines that the PBV assistance will complement other local redevelopment activities designed to deconcentrate poverty and expand housing and economic opportunities in census tracts with poverty concentrations greater than 20 percent, such as sites in:
A census tract in which the proposed PBV development will be located in a HUDdesignated Enterprise Zone, Economic Community, or Renewal Community; A census tract where the concentration of assisted units will be or has decreased as a result of public housing demolition and HOPE VI redevelopment; A census tract in which the proposed PBV development will be located is undergoing significant revitalization as a result of state, local, or federal dollars invested in the area;
A census tract where new market rate units are being developed where such market rate units will positively impact the poverty rate in the area; A census tract where there has been an overall decline in the poverty rate within the past five years; or
A census tract where there are meaningful opportunities for educational and economic advancement.
18 Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)] The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract for existing or rehabilitated housing until it has determined that the site complies with the HUD required site and neighborhood standards. The site must:
• Be adequate in size, exposure, and contour to accommodate the number and type of units proposed;
• Have adequate utilities and streets available to service the site; • Promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; • Be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive.
New Construction Site and Neighborhood Standards [24 CFR 983.57(e)] In order to be selected for PBV assistance, a site for newly constructed housing must meet the following HUD required site and neighborhood standards:
• The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed;
• The site must have adequate utilities and streets available to service the site; • The site must not be located in an area of minority concentration unless the PHA determines that sufficient, comparable opportunities exist for housing for minority families in the income range to be served by the proposed project outside areas of minority concentration or that the project is necessary to meet overriding housing needs that cannot be met in that housing market area;
• The site must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non-minority residents in the area. • The site must promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons;
• The neighborhood must not be one that is seriously detrimental to family life or in which substandard dwellings or other undesirable conditions predominate; • The housing must be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Except for housing designed for elderly persons, the housing must be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive.
19 17-II.H. ENVIRONMENTAL REVIEW [24 CFR 983.58]
The PHA activities under the PBV program are subject to HUD environmental regulations in 24 CFR parts 50 and 58. The responsible entity is responsible for performing the federal environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract until it has complied with the environmental review requirements.
In the case of existing housing, the responsible entity that is responsible for the environmental review under 24 CFR part 58 must determine whether or not PBV assistance is categorically excluded from review under the National Environmental Policy Act and whether or not the assistance is subject to review under the laws and authorities listed in 24 CFR 58.5.
The PHA may not enter into an agreement to enter into a HAP contract or a HAP contract with an owner, and the PHA, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property or commit or expend program or local funds for PBV activities under this part, until the environmental review is completed.
The PHA must supply all available, relevant information necessary for the responsible entity to perform any required environmental review for any site. The PHA must require the owner to carry out mitigating measures required by the responsible entity (or HUD, if applicable) as a result of the environmental review.
20 21
PART III: DWELLING UNITS
17-III.A. OVERVIEW
This part identifies the special housing quality standards that apply to the PBV program, housing accessibility for persons with disabilities, and special procedures for conducting housing quality standards inspections.
17-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101]
The housing quality standards (HQS) for the tenant-based program, including those for special housing types, generally apply to the PBV program. HQS requirements for shared housing, manufactured home space rental, and the homeownership option do not apply because these housing types are not assisted under the PBV program.
The physical condition standards at 24 CFR 5.703 do not apply to the PBV program.
Lead-based Paint [24 CFR 983.101(c)]
The lead-based paint requirements for the tenant-based voucher program do not apply to the PBV program. Instead, The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, and R, apply to the PBV program.
17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES The housing must comply with program accessibility requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. the PHA must ensure that the percentage of accessible dwelling units complies with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by HUD's regulations at 24 CFR 8, subpart C.
Housing first occupied after March 13, 1991, must comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at 24 CFR 100.205, as applicable. (24 CFR 983.102)
22 17-III.D. INSPECTING UNITS
Pre-selection Inspection [24 CFR 983.103(a)]
The PHA must examine the proposed site before the proposal selection date. If the units to be assisted already exist, the PHA must inspect all the units before the proposal selection date, and must determine whether the units substantially comply with HQS. To qualify as existing housing, units must substantially comply with HQS on the proposal selection date. However, the PHA may not execute the HAP contract until the units fully comply with HQS, unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non-life-threatening conditions, unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non-lifethreatening conditions.
Pre-HAP Contract Inspections [24 CFR 983.103(b); FR Notice 1/18/17] The PHA must inspect each contract unit before execution of the HAP contract. The PHA may not enter into a HAP contract covering a unit until the unit fully complies with HQS, unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non-life-threatening conditions.
CCHA Policy
CCHA will enter into a PBV HAP contract for units that pass an HQS inspection for nonlife threatening conditions.
Turnover Inspections [24 CFR 983.103(c)]
Before providing assistance to a new family in a contract unit, the PHA must inspect the unit.
The PHA may not provide assistance on behalf of the family until the unit complies with HQS for life-threatening conditions.
Annual/Biennial Inspections [24 CFR 983.103(d); FR Notice 6/25/14] At least once every 24 months during the term of the HAP contract, the PHA must inspect a random sample consisting of at least 20 percent of the contract units in each building to determine if the contract units and the premises are maintained in accordance with HQS.
Turnover inspections are not counted toward meeting this inspection requirement.
CCHA Policy
CCHA will inspect on an annual basis a random sample consisting of at least 20 percent of the contract units in each building to determine if the contract units and the premises are maintained in accordance with HQS.
If more than 20 percent of the sample of inspected contract units in a building fail the initial inspection, the PHA must reinspect 100 percent of the contract units in the building. 23 Other Inspections [24 CFR 983.103(e)]
The PHA must inspect contract units whenever needed to determine that the contract units comply with HQS and that the owner is providing maintenance, utilities, and other services in accordance with the HAP contract. The PHA must take into account complaints and any other information coming to its attention in scheduling inspections.
The PHA must conduct follow-up inspections needed to determine if the owner (or, if applicable, the family) has corrected an HQS violation, and must conduct inspections to determine the basis for exercise of contractual and other remedies for owner or family violation of HQS.
In conducting PHA supervisory quality control HQS inspections, the PHA should include a representative sample of both tenant-based and project-based units.
Inspecting PHA-Owned Units [24 CFR 983.103(f)]
In the case of PHA-owned units, the inspections must be performed by an independent agency designated by the PHA and approved by HUD. The independent entity must furnish a copy of each inspection report to the PHA and to the HUD field office where the project is located. The PHA must take all necessary actions in response to inspection reports from the independent agency, including exercise of contractual remedies for violation of the HAP contract by the PHA -owner.
24 25
PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS
17-IV.A. OVERVIEW [24 CFR 983.151]
There are specific requirements that apply to PBV assistance for newly constructed or rehabilitated housing that do not apply to PBV assistance in existing housing. This part describes the requirements unique to this type of assistance.
Housing selected for this type of assistance may not at a later date be selected for PBV assistance as existing housing.
17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT
In order to offer PBV assistance in rehabilitated or newly constructed units, the PHA must enter into an agreement to enter into HAP contract (Agreement) with the owner of the property. The Agreement must be in the form required by HUD [24 CFR 983.152(b)]. The PHA may not enter into an Agreement if commencement of construction or rehabilitation has commenced after proposal submission [24 CFR 983.152(c)]. Construction begins when excavation or site preparation (including clearing of the land) begins for the housing. Rehabilitation begins with the physical commencement of rehabilitation activity on the housing.
In the Agreement the owner agrees to develop the PBV contract units to comply with HQS, and the PHA agrees that upon timely completion of such development in accordance with the terms of the Agreement, the PHA will enter into a HAP contract with the owner for the contract units [24 CFR 983.152(a)].
26 Content of the Agreement [24 CFR 983.152(d)]
At a minimum, the Agreement must describe the following features of the housing to be developed and assisted under the PBV program:
• Site and the location of the contract units;
• Number of contract units by area (size) and number of bedrooms and bathrooms; • Services, maintenance, or equipment to be supplied by the owner without charges in addition to the rent;
• Utilities available to the contract units, including a specification of utility services to be paid by the owner and utility services to be paid by the tenant; • An indication of whether or not the design and construction requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 apply to units under the Agreement. If applicable, any required work item resulting from these requirements must be included in the description of work to be performed under the Agreement; • Estimated initial rents to owner for the contract units; • Description of the work to be performed under the Agreement. For rehabilitated units, the description must include the rehabilitation work write up and, where determined necessary by the PHA, specifications and plans. For new construction units, the description must include the working drawings and specifications.
• Any additional requirements for quality, architecture, or design over and above HQS.
Execution of the Agreement [24 CFR 983.153]
The Agreement must be executed promptly after PHA notice of proposal selection to the selected owner. The PHA may not enter into the Agreement if construction or rehabilitation has started after proposal submission. Generally, the PHA may not enter into the Agreement with the owner until the subsidy layering review is completed. Likewise, the PHA may not enter into the Agreement until the environmental review is completed and the PHA has received environmental approval. However, the PHA does not need to conduct a subsidy layering review in the case of a HAP contract for existing housing or if the applicable state or local agency has conducted such a review. Similarly, environmental reviews are not required for existing structures unless otherwise required by law or regulation.
CCHA Policy
CCHA will enter into the Agreement with the owner within 10 business days of receiving both environmental approval and notice that subsidy layering requirements have been met, and before construction or rehabilitation work is started. 27 17-IV.C. CONDUCT OF DEVELOPMENT WORK
Labor Standards [24 CFR 983.154(b)]
If an Agreement covers the development of nine or more contract units (whether or not completed in stages), the owner and the owner’s contractors and subcontractors must pay DavisBacon wages to laborers and mechanics employed in the development of housing. The HUDprescribed form of the Agreement will include the labor standards clauses required by HUD, such as those involving Davis-Bacon wage rates.
The owner, contractors, and subcontractors must also comply with the Contract Work Hours and Safety Standards Act, Department of Labor regulations in 29 CFR part 5, and other applicable federal labor relations laws and regulations. The PHA must monitor compliance with labor standards.
Equal Opportunity [24 CFR 983.154(c)]
The owner must comply with Section 3 of the Housing and Urban Development Act of 1968 and the implementing regulations at 24 CFR part 135. The owner must also comply with federal equal employment opportunity requirements.
Owner Disclosure [24 CFR 983.154(d) and (e)]
The Agreement and HAP contract must include a certification by the owner that the owner and other project principals are not on the U.S. General Services Administration list of parties excluded from federal procurement and non-procurement programs.
The owner must also disclose any possible conflict of interest that would be a violation of the Agreement, the HAP contract, or HUD regulations.
28 17-IV.D. COMPLETION OF HOUSING
The Agreement must specify the deadlines for completion of the housing, and the owner must develop and complete the housing in accordance with these deadlines. The Agreement must also specify the deadline for submission by the owner of the required evidence of completion.
Evidence of Completion [24 CFR 983.155(b)]
At a minimum, the owner must submit the following evidence of completion to the PHA in the form and manner required by the PHA:
• Owner certification that the work has been completed in accordance with HQS and all requirements of the Agreement; and
• Owner certification that the owner has complied with labor standards and equal opportunity requirements in development of the housing.
At the PHA’s discretion, the Agreement may specify additional documentation that must be submitted by the owner as evidence of housing completion.
CCHA Policy
CCHA will determine the need for the owner to submit additional documentation as evidence of housing completion on a case-by-case basis depending on the nature of the PBV project. CCHA will specify any additional documentation requirements in the Agreement to enter into HAP contract.
PHA Acceptance of Completed Units [24 CFR 983.156]
Upon notice from the owner that the housing is completed, the PHA must inspect to determine if the housing has been completed in accordance with the Agreement, including compliance with HQS and any additional requirements imposed under the Agreement. The PHA must also determine if the owner has submitted all required evidence of completion.
If the work has not been completed in accordance with the Agreement, the PHA must not enter into the HAP contract.
If the PHA determines the work has been completed in accordance with the Agreement and that the owner has submitted all required evidence of completion, the PHA must submit the HAP contract for execution by the owner and must then execute the HAP contract. 29 PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP)
17-V.A. OVERVIEW
The PHA must enter into a HAP contract with an owner for units that are receiving PBV assistance. The purpose of the HAP contract is to provide housing assistance payments for eligible families. Housing assistance is paid for contract units leased and occupied by eligible families during the HAP contract term. With the exception of single-family scattered-site projects, a HAP contract shall cover a single project. If multiple projects exist, each project is covered by a separate HAP contract. The HAP contract must be in the form required by HUD [24 CFR 983.202(a)].
17-V.B. HAP CONTRACT REQUIREMENTS
Contract Information [24 CFR 983.203]
The HAP contract must specify the following information:
• The total number of contract units by number of bedrooms; • The project’s name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building; • The number of contract units in each building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit; • Services, maintenance, and equipment to be supplied by the owner and included in the rent to owner;
• Utilities available to the contract units, including a specification of utility services to be paid by the owner (included in rent) and utility services to be paid by the tenant; • Features provided to comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8; • The HAP contract term;
• The number of units in any project that will exceed the 25 percent per project cap, which will be set aside for occupancy by qualifying families (elderly and/or disabled families and families receiving supportive services); and
• The initial rent to owner for the first 12 months of the HAP contract term. 30 Execution of the HAP Contract [24 CFR 983.204]
The PHA may not enter into a HAP contract until each contract unit has been inspected and the PHA has determined that the unit complies with the Housing Quality Standards (HQS), unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non-life-threatening conditions. For existing housing, the HAP contract must be executed promptly after the PHA selects the owner proposal and inspects the housing units. For newly constructed or rehabilitated housing the HAP contract must be executed after the PHA has inspected the completed units and has determined that the units have been completed in accordance with the agreement to enter into HAP, and the owner furnishes all required evidence of completion.
CCHA Policy
For existing housing, the HAP contract will be executed within 10 business days of CCHA determining that all units pass HQS.
For rehabilitated or newly constructed housing, the HAP contract will be executed within 10 business days of CCHA determining that the units have been completed in accordance with the agreement to enter into HAP, all units meet HQS, and the owner has submitted all required evidence of completion.
Term of HAP Contract [24 CFR 983.205; FR Notice 1/18/17] The PHA may enter into a HAP contract with an owner for an initial term of no less than one year and no more than 20 years for each contract unit. The length of the term of the HAP contract for any contract unit may not be less than one year, nor more than 20 years. In the case of PHA-owned units, the term of the HAP contract must be agreed upon by the PHA and the independent entity approved by HUD [24 CFR 983.59(b)(2)].
CCHA Policy
The term of all PBV HAP contracts will be negotiated with the owner on a case-by-case basis.
At the time of the initial HAP contract term or any time before expiration of the HAP contract, the PHA may extend the term of the contract for an additional term of up to 20 years if the PHA determines an extension is appropriate to continue providing affordable housing for low-income families. A HAP contract extension may not exceed 20 years. A PHA may provide for multiple extensions; however, in no circumstances may such extensions exceed 20 years, cumulatively.
Extensions after the initial extension are allowed at the end of any extension term, provided that not more than 24 months prior to the expiration of the previous extension contract the PHA agrees to extend the term, and that such extension is appropriate to continue providing affordable housing for low-income families or to expand housing opportunities. Extensions after the initial extension term shall not begin prior to the expiration date of the previous extension term.
Subsequent extensions are subject to the same limitations. All extensions must be on the form and subject to the conditions prescribed by HUD at the time of the extension. In the case of PHA-owned units, any extension of the term of the HAP contract must be agreed upon by the PHA and the independent entity approved by HUD [24 CFR 983.59(b)(2)]. 31 CCHA Policy
When determining whether or not to extend an expiring PBV contract, CCHA will consider several factors including, but not limited to:
The cost of extending the contract and the amount of available budget authority; The condition of the contract units;
The owner’s record of compliance with obligations under the HAP contract and lease(s);
Whether the location of the units continues to support the goals of deconcentrating poverty and expanding housing opportunities; and Whether the funding could be used more appropriately for tenant-based assistance.
Termination by PHA [24 CFR 983.205(c) ; FR Notice 1/18/17] The HAP contract must provide that the term of the PHA’s contractual commitment is subject to the availability of sufficient appropriated funding as determined by HUD or by the PHA in accordance with HUD instructions. For these purposes, sufficient funding means the availability of appropriations, and of funding under the ACC from such appropriations, to make full payment of housing assistance payments payable to the owner for any contract year in accordance with the terms of the HAP contract.
In times of insufficient funding, HUD requires that PHAs first take all cost-saving measures prior to failing to make payments under existing PBV HAP contracts.
If it is determined that there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the HAP contract, the PHA may terminate the HAP contract by notice to the owner. The termination must be implemented in accordance with HUD instructions.
Termination by Owner [24 CFR 983.205(d)]
If in accordance with program requirements the amount of rent to an owner for any contract unit is reduced below the amount of the rent to owner at the beginning of the HAP contract term, the owner may terminate the HAP contract by giving notice to the PHA. In this case, families living in the contract units must be offered tenant-based assistance. 32 Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206; FR Notice 1/18/17]
Not less than one year before the HAP contract terminates, or if the owner refuses to renew the HAP contract, the owner must notify the PHA and assisted tenants of the termination. The notice must be provided in the form prescribed by HUD. If the owner does not give timely notice, the owner must permit the tenants in assisted units to remain in their units for the required notice period with no increase in the tenant portion of their rent, and with no eviction as a result of the owner's inability to collect an increased tenant portion of rent. An owner may renew the terminating contract for a period of time sufficient to give tenants one-year advance notice under such terms as HUD may require.
Upon termination or expiration of the contract, a family living at the property is entitled to receive a tenant-based voucher. Tenant-based assistance would not begin until the owner’s required notice period ends. The PHA must provide the family with a voucher and the family must also be given the option by the PHA and owner to remain in their unit with HCV tenantbased assistance as long as the unit complies with inspection and rent reasonableness requirements. The family must pay their total tenant payment (TTP) and any additional amount if the gross rent exceeds the applicable payment standard. The family has the right to remain in the project as long as the units are used for rental housing and are otherwise eligible for HCV assistance. The owner may not terminate the tenancy of a family that exercises its right to remain except for serious or repeated lease violations or other good cause. Families that receive a tenantbased voucher at the expiration or termination of the PBV HAP contract are not new admissions to the PHA HCV tenant-based program, and are not subject to income eligibility requirements or any other admission requirements. If the family chooses to remain in their unit with tenant-based assistance, the family may do so regardless of whether the family share would initially exceed 40 percent of the family’s adjusted monthly income.
Remedies for HQS Violations [24 CFR 983.208(b)]
The PHA may not make any HAP payment to the owner for a contract unit during any period in which the unit does not comply with HQS. If the PHA determines that a contract does not comply with HQS, the PHA may exercise any of its remedies under the HAP contract, for any or all of the contract units. Available remedies include termination of housing assistance payments, abatement or reduction of housing assistance payments, reduction of contract units, and termination of the HAP contract.
CCHA Policy
CCHA will abate and terminate PBV HAP contracts for non-compliance with HQS in accordance with the policies used in the tenant-based voucher program. These policies are contained in Section 8-II.G., Enforcing Owner Compliance. 33 17-V.C. AMENDMENTS TO THE HAP CONTRACT
Substitution of Contract Units [24 CFR 983.207(a)]
At the PHA’s discretion and subject to all PBV requirements, the HAP contract may be amended to substitute a different unit with the same number of bedrooms in the same project for a previously covered contract unit. Before any such substitution can take place, the PHA must inspect the proposed unit and determine the reasonable rent for the unit.
Addition of Contract Units [FR Notice 1/18/17]
The PHA and owner may amend the HAP contract to add additional PBV contract units in projects that already have a HAP contract without having to fulfill the selection requirements found at 24 CFR 983.51(b) for those additional PBV units, regardless of when the HAP contract was signed. The additional PBV units, however, are still subject to the PBV program cap and individual project caps. Prior to attaching additional units without competition, the PHA must submit to the local field office information outlined in FR Notice 1/18/17. The PHA must also detail in the administrative plan their intent to add PBV units and the rationale for adding units to the specific PBV project.
CCHA Policy
CCHA will not add contract units to the HAP contract.
17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.207(b) and 983.302(e)]
The HAP contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term.
The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year.
There is a single annual anniversary and expiration date for all units under a particular HAP contract, even in cases where contract units are placed under the HAP contract in stages (on different dates) or units are added by amendment. The anniversary and expiration dates for all units coincide with the dates for the contract units that were originally placed under contract. 34 17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP [24 CFR 983.210] When the owner executes the HAP contract s/he certifies that at such execution and at all times during the term of the HAP contract:
• All contract units are in good condition and the owner is maintaining the premises and contract units in accordance with HQS;
• The owner is providing all services, maintenance, equipment and utilities as agreed to under the HAP contract and the leases;
• Each contract unit for which the owner is receiving HAP, is leased to an eligible family referred by the PHA, and the lease is in accordance with the HAP contract and HUD requirements;
• To the best of the owner’s knowledge the family resides in the contract unit for which the owner is receiving HAP, and the unit is the family’s only residence; • The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit;
• The amount of the HAP the owner is receiving is correct under the HAP contract; • The rent for contract units does not exceed rents charged by the owner for comparable unassisted units;
• Except for HAP and tenant rent, the owner has not received and will not receive any other payment or consideration for rental of the contract unit; • The family does not own or have any interest in the contract unit (does not apply to family's membership in a cooperative); and
• Repair work on the project selected as an existing project that is performed after HAP execution within such post-execution period as specified by HUD may constitute development activity, and if determined to be development activity, the repair work undertaken shall be in compliance with Davis-Bacon wage requirements. 35 17-V.F. ADDITIONAL HAP REQUIREMENTS
Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208(a)] The owner is required to maintain and operate the contract units and premises in accordance with HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance, equipment, and utilities specified in the HAP contract with the PHA and in the lease with each assisted family. In addition, maintenance, replacement and redecoration must be in accordance with the standard practice for the building as established by the owner.
The PHA may elect to establish additional requirements for quality, architecture, or design of PBV housing. Any such additional requirements must be specified in the Agreement to enter into a HAP contract and the HAP contract. These requirements must be in addition to, not in place of, compliance with HQS.
CCHA Policy
CCHA will identify the need for any special features on a case-by-case basis depending on the intended occupancy of the PBV project. CCHA will specify any special design standards or additional requirements in the invitation for PBV proposals, the agreement to enter into HAP contract, and the HAP contract.
Vacancy Payments [24 CFR 983.352(b)]
At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner for a PHA-determined period of vacancy extending from the beginning of the first calendar month after the move-out month for a period not exceeding two full months following the moveout month. The amount of the vacancy payment will be determined by the PHA and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant’s security deposit).
CCHA Policy
CCHA will decide on a case-by-case basis if CCHA will provide vacancy payments to the owner. The HAP contract with the owner will contain any such agreement, including the amount of the vacancy payment and the period for which the owner will qualify for these payments.
36 37
PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS
17-VI.A. OVERVIEW
Many of the provisions of the tenant-based voucher regulations [24 CFR 982] also apply to the PBV program. This includes requirements related to determining eligibility and selecting applicants from the waiting list. Even with these similarities, there are requirements that are unique to the PBV program. This part describes the requirements and policies related to eligibility and admission to the PBV program.
17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(a) and (b)] The PHA may select families for the PBV program from those who are participants in the PHA’s tenant-based voucher program and from those who have applied for admission to the voucher program. For voucher participants, eligibility was determined at original admission to the voucher program and does not need to be redetermined at the commencement of PBV assistance.
For all others, eligibility for admission must be determined at the commencement of PBV assistance.
Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenant-based voucher program. Applicants must qualify as a family as defined by HUD and the PHA, have income at or below HUD-specified income limits, and qualify on the basis of citizenship or the eligible immigration status of family members [24 CFR 982.201(a) and 24 CFR 983.2(a)]. In addition, an applicant family must provide social security information for family members [24 CFR 5.216 and 5.218] and consent to the PHA’s collection and use of family information regarding income, expenses, and family composition [24 CFR 5.230]. The PHA may also not approve a tenancy if the owner (including a principal or other interested party) of the unit is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless needed as a reasonable accommodation. An applicant family must also meet HUD requirements related to current or past criminal activity.
CCHA Policy
CCHA will determine an applicant family’s eligibility for the PBV program in accordance with the policies in Chapter 3.
38 In-Place Families [24 CFR 983.251(b)]
An eligible family residing in a proposed PBV contract unit on the date the proposal is selected by the PHA is considered an “in-place family.” These families are afforded protection from displacement under the PBV rule. If a unit to be placed under contract (either an existing unit or a unit requiring rehabilitation) is occupied by an eligible family on the date the proposal is selected, the in-place family must be placed on the PHA’s waiting list. Once the family’s continued eligibility is determined (the PHA may deny assistance to an in-place family for the grounds specified in 24 CFR 982.552 and 982.553), the family must be given an absolute selection preference and the PHA must refer these families to the project owner for an appropriately sized PBV unit in the project. Admission of eligible in-place families is not subject to income targeting requirements.
This regulatory protection from displacement does not apply to families that are not eligible to participate in the program on the proposal selection date. 39 17-VI.C. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(c)] The PHA may establish a separate waiting list for PBV units or it may use the same waiting list for both tenant-based and PBV assistance. The PHA may also merge the PBV waiting list with a waiting list for other assisted housing programs offered by the PHA. If the PHA chooses to offer a separate waiting list for PBV assistance, the PHA must offer to place applicants who are listed on the tenant-based waiting list on the waiting list for PBV assistance.
If a PHA decides to establish a separate PBV waiting list, the PHA may use a single waiting list for the PHA’s whole PBV program, or it may establish separate waiting lists for PBV units in particular projects or buildings or for sets of such units.
CCHA Policy
CCHA will establish and manage a separate wait list for each PBV site-based location.
CCHA will state the specific method used for placement on the site-based wait list in the public notice. CCHA will ensure that there is a clear audit trail to verify that each applicant has been placed on the applicable site-based wait list(s) in accordance with regulatory and agency requirements. Applicants may request placement on any or all site-based wait lists for which they are qualified.
17-VI.D. SELECTION FROM THE WAITING LIST [24 CFR 983.251(c)] Applicants who will occupy units with PBV assistance must be selected from the PHA’s waiting list. The PHA may establish selection criteria or preferences for occupancy of particular PBV units. The PHA may place families referred by the PBV owner on its PBV waiting list.
Income Targeting [24 CFR 983.251(c)(6)]
At least 75 percent of the families admitted to the PHA’s tenant-based and project-based voucher programs during the PHA fiscal year from the waiting list must be extremely-low income families. The income targeting requirement applies to the total of admissions to both programs.
Units with Accessibility Features [24 CFR 983.251(c)(7)] When selecting families to occupy PBV units that have special accessibility features for persons with disabilities, the PHA must first refer families who require such features to the owner. 40 Preferences [24 CFR 983.251(d), FR Notice 11/24/08]
The PHA may use the same selection preferences that are used for the tenant-based voucher program, establish selection criteria or preferences for the PBV program as a whole, or for occupancy of particular PBV developments or units. The PHA must provide an absolute selection preference for eligible in-place families as described in Section 17-VI.B. above.
The PHA may establish a selection preference for families who qualify for voluntary services, including disability-specific services, offered in conjunction with assisted units, provided that preference is consistent with the PHA plan. The PHA may not, however, grant a preference to a person with a specific disability [FR Notice 1/18/17].
In advertising such a project, the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible disabled persons who may benefit from services provided in the project. In these projects, disabled residents may not be required to accept the particular services offered as a condition of occupancy.
If the PHA has projects with “excepted units” for elderly families or supportive services, the PHA must give preference to such families when referring families to these units [24 CFR 983.261(b); FR Notice 1/18/17].
CCHA Policy
While the site-based wait lists are organized using the same methodology found in Chapter 4, Part 3, Section C, current residents of contracted units that were existing units or units requiring rehabilitation that are found to be eligible for participation will be given an absolute selection preference and must be referred back to the property owner for placement in an appropriately sized PBV unit in the property.
CCHA will use preference criteria, date and time of application, and authorized unit size to order site-based wait lists.
41 17-VI.E. OFFER OF PBV ASSISTANCE
Refusal of Offer [24 CFR 983.251(e)(3)]
The PHA is prohibited from taking any of the following actions against a family who has applied for, received, or refused an offer of PBV assistance:
• Refuse to list the applicant on the waiting list for tenant-based voucher assistance; • Deny any admission preference for which the applicant qualifies; • Change the applicant’s place on the waiting list based on preference, date, and time of application, or other factors affecting selection under the PHA’s selection policy; • Remove the applicant from the tenant-based voucher waiting list.
Disapproval by Landlord [24 CFR 983.251(e)(2)]
If a PBV owner rejects a family for admission to the owner’s units, such rejection may not affect the family’s position on the tenant-based voucher waiting list.
Acceptance of Offer [24 CFR 983.252]
Family Briefing
When a family accepts an offer for PBV assistance, the PHA must give the family an oral briefing. The briefing must include information on how the program works and the responsibilities of the family and owner. In addition to the oral briefing, the PHA must provide a briefing packet that explains how the PHA determines the total tenant payment for a family, the family obligations under the program, and applicable fair housing information.
Persons with Disabilities
If an applicant family’s head or spouse is disabled, the PHA must assure effective communication, in accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information packet. This may include making alternative formats available (see Chapter 2). In addition, the PHA must have a mechanism for referring a family that includes a member with a mobility impairment to an appropriate accessible PBV unit.
Persons with Limited English Proficiency
The PHA should take reasonable steps to assure meaningful access by persons with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see Chapter 2).
42 17-VI.F. OWNER SELECTION OF TENANTS
The owner is responsible for developing written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income families and reasonably related to program eligibility and an applicant’s ability to fulfill their obligations under the lease. An owner must promptly notify in writing any rejected applicant of the grounds for any rejection [24 CFR 983.253(a)(2) and (a)(3)].
Leasing [24 CFR 983.253(a)]
During the term of the HAP contract, the owner must lease contract units to eligible families that are selected and referred by the PHA from the PHA’s waiting list. The contract unit leased to the family must be the appropriate size unit for the size of the family, based on the PHA’s subsidy standards.
Filling Vacancies [24 CFR 983.254(a)]
The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit.
After receiving such notice, the PHA must make every reasonable effort to promptly refer a sufficient number of families for the owner to fill such vacancies. the PHA and the owner must make reasonable efforts to minimize the likelihood and length of any vacancy.
CCHA Policy
The owner must notify CCHA in writing (mail, fax, or e-mail) within 5 business days of learning about any vacancy or expected vacancy.
When a PBV owner notifies CCHA of a vacancy, CCHA will send applicants, ordered based on the hierarchies and preferences outlined in the plan, to the owner for screening.
CCHA will make every reasonable effort to refer families to the owner within 10 business days of receiving such notice from the owner.
Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)] If any contract units have been vacant for 120 or more days since owner notice of the vacancy, the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (according to the bedroom size) that have been vacant for this period.
CCHA Policy
If any contract units have been vacant for 120 days, CCHA will give notice to the owner that the HAP contract will be amended to reduce the number of contract units that have been vacant for this period. CCHA will provide the notice to the owner within 10 business days of the 120th day of the vacancy. The amendment to the HAP contract will be effective the 1st day of the month following the date of CCHA’s notice. 43 17-VI.G. TENANT SCREENING [24 CFR 983.255]
PHA Responsibility
The PHA is not responsible or liable to the owner or any other person for the family’s behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for tenancy and may deny applicants based on such screening.
CCHA Policy
CCHA will not conduct screening to determine a PBV applicant family’s suitability for tenancy.
The PHA must provide the owner with an applicant family’s current and prior address (as shown in PHA records) and the name and address (if known by the PHA) of the family’s current landlord and any prior landlords.
In addition, the PHA may offer the owner other information the PHA may have about a family, including information about the tenancy history of family members or about drug trafficking and criminal activity by family members. The PHA must provide applicant families a description of the PHA Policy on providing information to owners, and the PHA must give the same types of information to all owners.
The PHA may not disclose to the owner any confidential information provided in response to a request for documentation of domestic violence, dating violence, sexual assault, or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(a)(4)].
CCHA Policy
CCHA will inform owners of their responsibility to screen prospective tenants, and will provide owners with the required known name and address information, at the time of the turnover HQS inspection or before. CCHA will not provide any additional information to the owner, such as tenancy history, criminal history, etc.
Owner Responsibility
The owner is responsible for screening and selection of the family to occupy the owner’s unit.
When screening families the owner may consider a family’s background with respect to the following factors:
• Payment of rent and utility bills;
• Caring for a unit and premises;
• Respecting the rights of other residents to the peaceful enjoyment of their housing; • Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and
• Compliance with other essential conditions of tenancy. 44 45
PART VII: OCCUPANCY
17-VII.A. OVERVIEW
After an applicant has been selected from the waiting list, determined eligible by the PHA, referred to an owner and determined suitable by the owner, the family will sign the lease and occupancy of the unit will begin.
17-VII.B. LEASE [24 CFR 983.256]
The tenant must have legal capacity to enter a lease under state and local law. Legal capacity means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner.
Form of Lease [24 CFR 983.256(b)]
The tenant and the owner must enter into a written lease agreement that is signed by both parties.
If an owner uses a standard lease form for rental units to unassisted tenants in the locality or premises, the same lease must be used for assisted tenants, except that the lease must include a HUD-required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD.
If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a PHA model lease.
The PHA may review the owner’s lease form to determine if the lease complies with state and local law. If the PHA determines that the lease does not comply with state or local law, the PHA may decline to approve the tenancy.
CCHA Policy
CCHA will not review the owner’s lease for compliance with state or local law.
Lease Requirements [24 CFR 983.256(c)]
The lease for a PBV unit must specify all of the following information:
• The names of the owner and the tenant;
• The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit);
• The term of the lease (initial term and any provision for renewal); • The amount of the tenant rent to owner, which is subject to change during the term of the lease in accordance with HUD requirements;
• A specification of the services, maintenance, equipment, and utilities that will be provide by the owner; and
• The amount of any charges for food, furniture, or supportive services. 46 Tenancy Addendum [24 CFR 983.256(d)]
The tenancy addendum in the lease must state:
• The program tenancy requirements;
• The composition of the household as approved by the PHA (the names of family members and any PHA-approved live-in aide);
• All provisions in the HUD-required tenancy addendum must be included in the lease. The terms of the tenancy addendum prevail over other provisions of the lease.
Initial Term and Lease Renewal [24 CFR 983.256(f)]
The initial lease term must be for at least one year. The lease must provide for automatic renewal after the initial term of the lease in either successive definitive terms (e.g. month-to-month or year-to-year) or an automatic indefinite extension of the lease term. For automatic indefinite extension of the lease term, the lease terminates if any of the following occur:
• The owner terminates the lease for good cause
• The tenant terminates the lease
• The owner and tenant agree to terminate the lease
• The PHA terminates the HAP contract
• The PHA terminates assistance for the family
Changes in the Lease [24 CFR 983.256(e)]
If the tenant and owner agree to any change in the lease, the change must be in writing, and the owner must immediately give the PHA a copy of all changes.
The owner must notify the PHA in advance of any proposed change in the lease regarding the allocation of tenant and owner responsibilities for utilities. Such changes may only be made if approved by the PHA and in accordance with the terms of the lease relating to its amendment.
The PHA must redetermine reasonable rent, in accordance with program requirements, based on any change in the allocation of the responsibility for utilities between the owner and the tenant.
The redetermined reasonable rent will be used in calculation of the rent to owner from the effective date of the change.
47 Owner Termination of Tenancy [24 CFR 983.257]
With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons an owner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR 982.310). In the PBV program, terminating tenancy for “good cause” does not include doing so for a business or economic reason, or a desire to use the unit for personal or family use or other non-residential purpose.
Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)] The lease may specify a maximum period of family absence from the unit that may be shorter than the maximum period permitted by the PHA Policy. According to program requirements, the family’s assistance must be terminated if they are absent from the unit for more than 180 consecutive days. PHA termination of assistance actions due to family absence from the unit are subject to 24 CFR 981.312, except that the unit is not terminated from the HAP contract if the family is absent for longer than the maximum period permitted.
Continuation of Housing Assistance Payments [24 CFR 982.258] Housing assistance payments shall continue until the tenant rent equals the rent to owner. The cessation of housing assistance payments at such point will not affect the family's other rights under its lease, nor will such cessation preclude the resumption of payments as a result of later changes in income, rents, or other relevant circumstances if such changes occur within 180 days following the date of the last housing assistance payment by the PHA. After the 180-day period, the unit shall be removed from the HAP contract pursuant to 24 CFR 983.211.
CCHA Policy
If a participating family receiving zero assistance experiences a change in circumstances that would result in a HAP payment to the owner, the family must notify CCHA of the change and request an interim reexamination before the expiration of the 180-day period.
48 Security Deposits [24 CFR 983.259]
The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants.
CCHA Policy
CCHA will allow the owner to collect a security deposit amount the owner determines is appropriate.
When the tenant moves out of a contract unit, the owner, subject to state and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by the tenant under the lease.
The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the balance to the tenant.
If the security deposit does not cover the amount owed by the tenant under the lease, the owner may seek to collect the balance from the tenant. The PHA has no liability or responsibility for payment of any amount owed by the family to the owner.
49 17-VII.C. MOVES
Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.260] If the PHA determines that a family is occupying a wrong size unit, based on the PHA’s subsidy standards, or a unit with accessibility features that the family does not require, and the unit is needed by a family that does require the features, the PHA must promptly notify the family and the owner of this determination, and the PHA must offer the family the opportunity to receive continued housing assistance in another unit.
CCHA Policy
CCHA will notify the family and the owner of the family’s need to move based on the occupancy of a wrong-size or accessible unit within 10 business days of CCHA’s determination. CCHA will offer the family the following types of continued assistance in the following order, based on the availability of assistance:
PBV assistance in the same building or project;
PBV assistance in another project; and
Tenant-based voucher assistance.
If the PHA offers the family a tenant-based voucher, the PHA must terminate the housing assistance payments for a wrong-sized or accessible unit at the earlier of the expiration of the term of the family’s voucher (including any extension granted by the PHA) or the date upon which the family vacates the unit. If the family does not move out of the wrong-sized unit or accessible unit by the expiration of the term of the family's voucher, the PHA must remove the unit from the HAP contract.
If the PHA offers the family another form of assistance that is not a tenant-based voucher, and the family does not accept the offer, does not move out of the PBV unit within a reasonable time as determined by the PHA, or both, the PHA must terminate the housing assistance payments for the unit at the expiration of a reasonable period as determined by the PHA and remove the unit from the HAP contract.
CCHA Policy
When CCHA offers a family another form of assistance that is not a tenant-based voucher, the family will be given 30 days from the date of the offer to accept the offer and move out of the PBV unit. If the family does not move out within this 30-day time frame, CCHA will terminate the housing assistance payments at the expiration of this 30-day period.
CCHA may make exceptions to this 30-day period if needed for reasons beyond the family’s control such as death, serious illness, or other medical emergency of a family member.
50 Family Right to Move [24 CFR 983.261]
The family may terminate the lease at any time after the first year of occupancy. The family must give advance written notice to the owner in accordance with the lease and provide a copy of such notice to the PHA. If the family wishes to move with continued tenant-based assistance, the family must contact the PHA to request the rental assistance prior to providing notice to terminate the lease.
If the family terminates the lease in accordance with these requirements, the PHA is required to offer the family the opportunity for continued tenant-based assistance, in the form of a voucher or other comparable tenant-based rental assistance. If voucher or other comparable tenant-based assistance is not immediately available upon termination of the family’s lease in the PBV unit, the PHA must give the family priority to receive the next available opportunity for continued tenant-based assistance.
If the family terminates the assisted lease before the end of the first year, the family relinquishes the opportunity for continued tenant-based assistance.
51 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262] The PHA may not pay housing assistance under a PBV HAP contract for more than the greater of 25 units or 25 percent of the number of dwelling units in a project unless:
• The units are exclusively for elderly families
• The units are for households eligible for supportive services available to all families receiving PBV assistance in the project
• The project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year estimates If a family at the time of initial tenancy is receiving and while the resident of an excepted unit has received Family Self-Sufficiency (FSS) supportive services or any other service as defined by the PHA and successfully completes the FSS contract of participation or the supportive services requirement, the unit continues to count as an excepted unit for as long as the family resides in the unit. However, if the FSS family fails to successfully complete the FSS contract of participation or supportive services objective and consequently is no longer eligible for the supportive services, the family must vacate the unit within a reasonable period of time established by the PHA, and the PHA shall cease paying HAP on behalf of the family.
Further, when a family (or remaining members of a family) residing in an excepted unit no longer meets the criteria for a “qualifying family” because the family is no longer an elderly family due to a change in family composition, the PHA has the discretion to allow the family to remain in the excepted unit. If the PHA does not exercise this discretion, the family must vacate the unit within a reasonable period of time established by the PHA, and the PHA must cease paying housing assistance payments on behalf of the non-qualifying family.
Individuals in units with supportive services who choose to no longer participate in a service or who no longer qualify for services they qualified for at the time of initial occupancy cannot subsequently be denied continued housing opportunity because of this changed circumstance. A PHA or owner cannot determine that a participant’s needs exceed the level of care offered by qualifying services or require that individuals be transitioned to different projects based on service needs.
If the family fails to vacate the unit within the established time, the unit must be removed from the HAP contract unless the project is partially assisted, and it is possible for the HAP contract to be amended to substitute a different unit in the building in accordance with program requirements; or the owner terminates the lease and evicts the family. The housing assistance payments for a family residing in an excepted unit that is not in compliance with its family obligations to comply with supportive services requirements must be terminated by the PHA. 52 The PHA may allow a family that initially qualified for occupancy of an excepted unit based on elderly family status to continue to reside in a unit, where through circumstances beyond the control of the family (e.g., death of the elderly family member or long-term or permanent hospitalization or nursing care), the elderly family member no longer resides in the unit. In this case, the unit may continue to be counted as an excepted unit for as long as the family resides in that unit. Once the family vacates the unit, in order to continue as an excepted unit under the HAP contract, the unit must be made available to and occupied by a qualified family.
CCHA Policy
CCHA will allow families who initially qualified to live in an excepted unit to remain when circumstances change due to circumstances beyond the remaining family members’ control.
In all other cases, CCHA will provide written notice to the family and owner within 10 business days of making the determination. The family will be given 30 days from the date of the notice to move out of the PBV unit. If the family does not move out within this 30-day time frame, CCHA will terminate the housing assistance payments at the expiration of this 30-day period.
CCHA may make exceptions to this 30-day period if needed for reasons beyond the family’s control such as death, serious illness, or other medical emergency of a family member.
53 PART VIII: DETERMINING RENT TO OWNER
17-VIII.A. OVERVIEW
The amount of the initial rent to an owner of units receiving PBV assistance is established at the beginning of the HAP contract term. Although for rehabilitated or newly constructed housing, the agreement to enter into HAP Contract (Agreement) states the estimated amount of the initial rent to owner, the actual amount of the initial rent to owner is established at the beginning of the HAP contract term.
During the term of the HAP contract, the rent to owner is redetermined at the owner’s request in accordance with program requirements, and at such time that there is a five percent or greater decrease in the published FMR.
17-VIII.B. RENT LIMITS [24 CFR 983.301]
Except for certain tax credit units (discussed below), the rent to owner must not exceed the lowest of the following amounts:
• An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (or any HUD-approved exception payment standard) for the unit bedroom size minus any utility allowance;
• The reasonable rent; or
• The rent requested by the owner.
Certain Tax Credit Units [24 CFR 983.301(c)]
For certain tax credit units, the rent limits are determined differently than for other PBV units.
Different limits apply to contract units that meet all of the following criteria:
• The contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986;
• The contract unit is not located in a qualified census tract; • There are comparable tax credit units of the same bedroom size as the contract unit in the same project, and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and
• The tax credit rent exceeds 110 percent of the fair market rent or any approved exception payment standard;
For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of:
• The tax credit rent minus any utility allowance;
• The reasonable rent; or
• The rent requested by the owner.
54 Definitions
A qualified census tract is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD.
Tax credit rent is the rent charged for comparable units of the same bedroom size in the project that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant-based voucher assistance).
Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)]
The PHA must determine reasonable rent in accordable with 24 CFR 983.303. The rent to owner for each contract unit may at no time exceed the reasonable rent, except in cases where the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner and, upon redetermination of the rent to owner, the reasonable rent would result in a rent below the initial rent. However, the rent to owner must be reduced in the following cases:
• To correct errors in calculations in accordance with HUD requirements • If additional housing assistance has been combined with PBV assistance after the execution of the initial HAP contract and a rent decrease is required pursuant to 24 CFR 983.55 • If a decrease in rent to owner is required based on changes in the allocation of the responsibility for utilities between owner and tenant
If the PHA has not elected within the HAP contract to establish the initial rent to owner as the rent floor, the rent to owner shall not at any time exceed the reasonable rent.
CCHA Policy
CCHA will elect within the HAP contract not to reduce rents below the initial level, with the exception of circumstances listed in 24 CFR 983.302(c)(2). If, upon redetermination of the rent to owner, the reasonable rent would result in a rent below the initial rent, CCHA will use the higher initial rent to owner amount.
55 Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)] When determining the initial rent to owner, the PHA must use the most recently published FMR in effect and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent to owner, the PHA must use the most recently published FMR and the utility allowance schedule in effect at the time of redetermination. At its discretion, the PHA may for initial rent, use the amounts in effect at any time during the 30-day period immediately before the beginning date of the HAP contract, or for redeterminations of rent, the 30-day period immediately before the redetermination date.
Any HUD-approved exception payment standard amount under the tenant-based voucher program also applies to the project-based voucher program. HUD will not approve a different exception payment stand amount for use in the PBV program.
Likewise, the PHA may not establish or apply different utility allowance amounts for the PBV program. The same utility allowance schedule applies to both the tenant-based and project-based voucher programs.
CCHA Policy
Upon written request by the owner, CCHA will consider using the FMR or utility allowances in effect during the 30-day period before the start date of the HAP, or redetermination of rent. The owner must explain the need to use the previous FMRs or utility allowances and include documentation in support of the request. CCHA will review and make a decision based on the circumstances and merit of each request.
In addition to considering a written request from an owner, CCHA may decide to use the FMR or utility allowances in effect during the 30-day period before the start date of the HAP, or redetermination of rent, if CCHA determines it is necessary due to PHA budgetary constraints.
Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)]
While small area FMRs (SAFMRs) do not apply to PBV projects, PHAs that operate a tenantbased program under SAFMRs (either by HUD-designation or because the PHA requested HUD approval to use SAFMRs) may apply SAFMRs to all future PBV HAP contracts. If the PHA adopts this policy, it must apply to all future PBV projects and the PHA’s entire jurisdiction. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy.
Further, the PHA may apply SAFMRs to current PBV projects where the notice of owner selection was made on or before the effective dates of both the SAFMR designation and the PHA administrative plan policy, provided the owner is willing to mutually agree to doing so and the application is prospective. the PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy. If rents increase as a result of the use of SAFMRs, the rent increase may not be effective until the first anniversary of the HAP contract.
CCHA Policy
CCHA will not apply SAFMRs to CCHA’s PBV program.
56 Redetermination of Rent [24 CFR 983.302]
The PHA must redetermine the rent to owner upon the owner’s request or when there is a 10 percent or greater decrease in the published FMR.
Rent Increase
If an owner wishes to request an increase in the rent to owner from the PHA, it must be requested at the annual anniversary of the HAP contract (see Section 17-V.D.). The request must be in writing and in the form and manner required by the PHA. The PHA may only make rent increases in accordance with the rent limits described previously. There are no provisions in the PBV program for special adjustments (e.g., adjustments that reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs).
CCHA Policy
An owner’s request for a rent increase must be submitted to CCHA 60 days prior to the anniversary date of the HAP contract, and must include the new rent amount the owner is proposing.
The PHA may not approve and the owner may not receive any increase of rent to owner until and unless the owner has complied with requirements of the HAP contract, including compliance with HQS. The owner may not receive any retroactive increase of rent for any period of noncompliance.
Rent Decrease
If there is a decrease in the rent to owner, as established in accordance with program requirements such as a change in the FMR or exception payment standard, or reasonable rent amount, the rent to owner must be decreased regardless of whether the owner requested a rent adjustment, except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract.
Notice of Rent Change
The rent to owner is redetermined by written notice by the PHA to the owner specifying the amount of the redetermined rent. The PHA notice of rent adjustment constitutes an amendment of the rent to owner specified in the HAP contract. The adjusted amount of rent to owner applies for the period of 12 calendar months from the annual anniversary of the HAP contract.
CCHA Policy
CCHA will provide the owner with at least 30 days written notice of any change in the amount of rent to owner.
PHA-Owned Units [24 CFR 983.301(g)]
For PHA-owned PBV units, the initial rent to owner and the annual redetermination of rent at the anniversary of the HAP contract are determined by the independent entity approved by HUD.
The PHA must use the rent to owner established by the independent entity. 57 17-VIII.C. REASONABLE RENT [24 CFR 983.303]
At the time the initial rent is established and all times during the term of the HAP contract, the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA, except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract.
When Rent Reasonable Determinations Are Required
The PHA must redetermine the reasonable rent for a unit receiving PBV assistance whenever any of the following occur:
• There is a 10 percent or greater decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR that was in effect one year before the contract anniversary date; • The PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant;
• The HAP contract is amended to substitute a different contract unit in the same building or project; or
• There is any other change that may substantially affect the reasonable rent.
How to Determine Reasonable Rent
The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for other comparable unassisted units. When making this determination, the PHA must consider factors that affect market rent. Such factors include the location, quality, size, type and age of the unit, as well as the amenities, housing services maintenance, and utilities to be provided by the owner.
Comparability Analysis
For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or project that is receiving projectbased assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified person or entity. Those who conduct these analyses or are involved in determining the housing assistance payment based on the analyses may not have any direct or indirect interest in the property.
PHA-Owned Units
For PHA-owned units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in accordance with PBV program requirements. The independent entity must provide a copy of the determination of reasonable rent for PHA-owned units to the PHA and to the HUD field office where the project is located. 58 Owner Certification of Reasonable Rent
By accepting each monthly housing assistance payment, the owner certifies that the rent to owner is not more than rent charged by the owner for other comparable unassisted units in the premises. At any time, the PHA may require the owner to submit information on rents charged by the owner for other units in the premises or elsewhere. 17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL
In addition to the rent limits discussed in Section 17-VIII.B above, other restrictions may limit the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are not even eligible to receive PBV assistance (see Section 17-II.D).
Other Subsidy [24 CFR 983.304]
To comply with HUD subsidy layering requirements, at the discretion of HUD or its designee, a PHA shall reduce the rent to owner because of other governmental subsidies, including tax credits or tax exemptions, grants, or other subsidized funding.
For units receiving assistance under the HOME program, rents may not exceed rent limits as required by that program.
For units in any of the following types of federally subsidized projects, the rent to owner may not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the applicable federal program:
• An insured or non-insured Section 236 project;
• A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction Payment following a decoupling action;
• A Section 221(d)(3) below market interest rate (BMIR) project; • A Section 515 project of the Rural Housing Service;
• Any other type of federally subsidized project specified by HUD.
Combining Subsidy
Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements.
Rent Control [24 CFR 983.305]
In addition to the rent limits set by PBV program regulations, the amount of rent to owner may also be subject to rent control or other limits under local, state, or federal law. 59 PART IX: PAYMENTS TO OWNER
17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351]
During the term of the HAP contract, the PHA must make housing assistance payments to the owner in accordance with the terms of the HAP contract. During the term of the HAP contract, payments must be made for each month that a contract unit complies with HQS and is leased to and occupied by an eligible family. The housing assistance payment must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date.
Except for discretionary vacancy payments, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit).
The amount of the housing assistance payment by the PHA is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance).
In order to receive housing assistance payments, the owner must comply with all provisions of the HAP contract. Unless the owner complies with all provisions of the HAP contract, the owner does not have a right to receive housing assistance payments. 17-IX.B. VACANCY PAYMENTS [24 CFR 983.352]
If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the family moves out. However, the owner may not keep the payment if the PHA determines that the vacancy is the owner’s fault.
CCHA Policy
If CCHA determines that the owner is responsible for a vacancy and, as a result, is not entitled to the keep the housing assistance payment, CCHA will notify the landlord of the amount of housing assistance payment that the owner must repay. CCHA will require the owner to repay the amount owed in accordance with the policies in Section 16-IV.B. 60 At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner. the PHA may only make vacancy payments if:
• The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and identifies the date when the family moved out (to the best of the owner’s knowledge);
• The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed;
• The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and
• The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment.
The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment.
CCHA Policy
If an owner’s HAP contract calls for vacancy payments to be made, and the owner wishes to receive vacancy payments, the owner must have properly notified CCHA of the vacancy in accordance with the policy in Section 17-VI.F. regarding filling vacancies.
In order for a vacancy payment request to be considered, it must be made within 10 business days of the end of the period for which the owner is requesting the vacancy payment. The request must include the required owner certifications and CCHA may require the owner to provide documentation to support the request. If the owner does not provide the information requested by CCHA within 10 business days of CCHA’s request, no vacancy payments will be made.
61 17-IX.C. TENANT RENT TO OWNER [24 CFR 983.353]
The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is determined by the PHA in accordance with HUD requirements. Any changes in the amount of tenant rent will be effective on the date stated in the PHA notice to the family and owner.
The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the family for rental of a contract unit. The tenant rent covers all housing services, maintenance, equipment, and utilities to be provided by the owner. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant.
Tenant and PHA Responsibilities
The family is not responsible for the portion of rent to owner that is covered by the housing assistance payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA.
Likewise, the PHA is responsible only for making the housing assistance payment to the owner in accordance with the HAP contract. The PHA is not responsible for paying tenant rent, or any other claim by the owner, including damage to the unit. The PHA may not use housing assistance payments or other program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by the owner.
Utility Reimbursements
If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the amount of such excess to the tenant as a reimbursement for tenant-paid utilities, and the tenant rent to the owner must be zero.
The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier.
CCHA Policy
CCHA will make utility reimbursements to the family.
62 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354]
Meals and Supportive Services
With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy.
In assisted living developments receiving PBV assistance, the owner may charge for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of the reasonable rent. However, non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development.
Other Charges by Owner
The owner may not charge extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises.
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: LINDA LEAVER, FINANCE DIRECTOR
MARTHA D. RICE, CITY ATTORNEY
ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: DECEMBER 19, 2022
SUBJECT: FRED ENDERT MUNICIPAL POOL BUILDING IMPROVEMENTS ______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign the Cancellation Agreement and Mutual Release for the Fred Endert Municipal Pool Building Improvements Contract with Johnson Controls, Inc.
• Direct staff to bring back a consultant agreement to prepare design documents and specifications for the Fred Endert Municipal Pool Building Improvements
BACKGROUND
In August 2020, Johnson Controls, Inc. (JCI) was engaged by the City to perform an energy efficiency audit to identify projects that would increase energy efficiency and pay for themselves with the savings generated from the project. The energy audit (Phase 1) was completed in 2021 and was at no cost to the City. As presented to the Council on February 1, 2021, the Phase 1 energy audit was a preliminary City-wide analysis and project feasibility study which resulted in the evaluation of several potential energy saving projects across various City funds.
JCI presented recommended pool projects at several workshops and public meetings. The City Council directed staff to move into Phase 2 for a pool project on June 21, 2021.
JCI developed plans and construction cost estimates for the pool project, which included pump motor upgrades including energy saving variable frequency drives, pool building dehumidification, boiler and water tank replacements, and overall system controls and programming upgrades. JCI bid the project on December 14, 2021 and received bids on December 29, 2021.
FRED ENDERT MUNICIPAL POOL
DECEMBER 19, 2022
2 JCI again presented the pool project with a budget to the City Council and Measure S Oversight Committee at the March 15, 2022 City priorities workshop. At that workshop, JCI presented a project with several components, including replacing the boilers (which are past their useful life and already in need of replacement), new motor and variable speed drive on the circulation pump, the addition of dehumidifier units, improving the building envelope, and improvements to the spa including new blanket cover, new on/off switch with timer for the pump, and new heat exchanger. Both the Measure S Oversight Committee and the City Council were in favor of moving forward with the project.
In June of 2022, City staff were ready to recommend award of the contract based on the reasonableness of the cost, timing of the project, and economic uncertainties like inflation and supply chain delays or complications. However, before the item was taken back for Council consideration JCI stipulated that the pool project was only feasible if the City also awarded JCI a proposed water meter replacement project.
After evaluating the water meter project, which was proposed at over $5 million, on August 15, 2022, the Council directed staff not to move forward with the project. During this meeting JCI stated that they understood the Council direction and would be willing to reconsider completing the pool project as a standalone project. The Council then directed staff to work with JCI and bring back an agreement for consideration if the proposal was within the City’s budget of $1,186,391.
On August 26, 2022 JCI submitted a revised proposal in the amount of $1,139,046 to complete pool project as a standalone project. This price was guaranteed with JCI accepting all risk for material price increases if the City issued a Notice to Proceed on or before September 16, 2022.
The Agreement for Fred Endert Municipal Pool Building Improvements was fully executed on September 13, 2022 for $1,139,046. JCI submitted all required bonds and certificates of insurance prior to the Notice to Proceed being issued by the City Manager on September 16, 2022. The Notice to Proceed was not acknowledged and agreed to by JCI.
The project was anticipated to begin Spring / Summer of 2023 with the exact construction commencement date and pool closure being dependent on equipment lead times. The project was anticipated to be completed within 60 days of construction commencement.
ITEM ANALYSIS
Due to financial considerations at the corporate level, JCI has informed the City that it no longer wishes to proceed with the project. The City has not paid JCI for any services to date.
There is a legal, binding contract between the parties, which JCI has stated it will perform if the City so requires.
Although the contract stipulates a guaranteed maximum price for a general scope of work, JCI still needs to finish final design, order parts and equipment, and construct the improvements. Positive, productive working relationships are not built upon unwilling partners. There is a lot of very important work to be done on this project and it is staff’s position
FRED ENDERT MUNICIPAL POOL
DECEMBER 19, 2022
3 that if JCI already wants out due to financial considerations, then the ultimate outcome for the City in terms of product and cost is uncertain at best.
Thus, because the City has not paid out any money and is not losing any work product, City staff recommends that the City Council agree to part ways with JCI and approve the Cancellation Agreement and Mutual Release.
City staff still believes that the Pool Project is a good project. We have the funds set aside to complete the project. Therefore, City staff also requests and recommends that the City Council direct staff to finish the design and specifications so that the City can procure the project through the traditional design-bid-build method. Staff is working with AECOM who was selected through a competitive RFP process earlier this year to provide as-needed design and engineering services and has the professional expertise to complete this design. This bidding method will also provide the City with competitive bids for the construction, which will be recommended for award to the lowest responsive bidder.
FISCAL ANALYSIS
There are no known financial consequences to cancelling the agreement with JCI. The FY22/23 budget remains intact for bidding the project through the traditional competitive design-bid-build process.
The funding for the project has been allocated from the following sources:
Funding Source
Measure S $ 516,233
ARPA $ 670,158
Total $ 1,186,391
No funds have been expended from these accounts to date.
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan Goals • 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors
• 1(D): Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
• 3(E): Define strategies to reconstruct or improve all outdated City facilities
ATTACHMENTS
• Cancellation Agreement and Mutual Release with Johnson Controls, Inc.
CANCELLATION AGREEMENT AND MUTUAL RELEASE
This cancellation agreement and mutual release (“Agreement”) is entered into by and between the City of Crescent City, a California municipal corporation (“City”), and Johnson Controls, Inc. (“JCI”), individually referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, the Parties executed an Agreement for Fred Endert Municipal Pool Building Improvements on September 6, 2022 (the “Contract”); and
WHEREAS, the Parties find it in their mutual best interest to cancel the Contract at this juncture and release each other from any further obligations thereunder.
NOW, THEREFORE, in consideration of the promises and the respective representations, warranties, and covenants contained herein, the Parties hereto agree as follows:
1.0 TERMINATION. In consideration for the mutual release set forth herein, the Contract will terminate as of December 19, 2022. Upon termination, neither Party will have any further rights or obligations under the Contract.
2.0 MUTUAL RELEASE. Neither Party will have a claim against the other Party for costs, damages, compensation or otherwise under the Contract. Each Party hereto releases the other Party from any claim which it may have against the other Party arising from or related to performance or non-performance under the Contract.
3.0 FESS & COSTS. Each Party must bear its own attorney’s fees and other costs incurred in connection with the Contract, this Agreement and the consummation of transactions contemplated hereby.
4.0 REPRESENTATIONS. Each Party represents and warrants that it has not assigned or otherwise conveyed or delegated, in whole or in part, any claim or right that it has or may have under the Contract to any third party or person. Each Party represents that the execution and delivery of this Agreement is the duly authorized and binding act of the Party, and that the Party’s signatory hereto is duly authorized to execute this Agreement on behalf of the Party.
5.0 NO ADMISSION OF LIABILITY. Each Party expressly agree and acknowledge that their entering into this Agreement is not to be construed in any manner as an admission of any liability, obligation, or wrongdoing on the part of either Party. Each Party expressly denies any and all liability or wrongdoing with respect to the Contract.
6.0 GOVERNING LAW AND VENUE. This Agreement is to be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflict of laws of such state. The Parties hereby agree that any action arising out of this Agreement must be brought solely in Del Norte County Superior Court of California or U.S. District Court for the Northern District of California, as appropriate.
7.0 BINDING AGREEMENT. This Agreement will be binding upon and inure to the benefit of the successor assigns, and legal representatives of the Parties. There are no third-party beneficiaries to this Agreement. Each Party acknowledges and agrees that it fully understands the provisions set forth in this Agreement and their effect, and that each Party is voluntarily entering into this Agreement.
8.0 SEVERABILITY. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provision or portions will remain in full force and effect.
9.0 CONSTRUCTION. The headings and captions appearing in this Agreement have been inserted for purposes of convenience only and are not to be used for purposes of interpretation. This Agreement is not to be construed more strongly against either Party regardless of which Party is more responsible for its preparation.
10.0 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others. An executed signature page delivered via facsimile transmission or electronic signature shall be deemed as effective as an original executed signature page.
11.0 NOTICES. All notices or other communications required under this Agreement must be in writing and will be deemed effective when received and made by either (i) hand delivery, (ii) registered mail, (iii) certified mail, return receipt requested, or (iv) express courier, addressed to the Party to be notified at the following address:
If to City: If to JCI:
City of Crescent City
377 J Street
Crescent City, CA 95531
Johnson Controls, Inc.
103 Woodmere Rd. Suite 110
Folsom, CA 95630
12.0 ENTIRE AGREEMENT; MODIFICATION. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. No modification or amendment to this Agreement will be valid unless in writing and signed by both Parties.
13.0 ENFORCEMENT OF AGREEMENT. If either Party incurs any legal fees and/or costs and expenses in any proceeding to enforce the terms of this Agreement or any of tis rights provided hereunder, the prevailing party will be entitled to recover its reasonably attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed this 19th day of December 2022 at Crescent City, California.
CITY OF CRESCENT CITY JOHNSON CONTROLS, INC
By: Eric Wier, City Manager By:
Title:
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
Scott Avirett, General Manager
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ASHLEY TAYLOR, DIRECTOR OF ECONOMIC DEVELOPMENT AND
RECREATION
DATE: DECEMBER 19, 2022
SUBJECT: LuLish Marketing Services Update & Task Order No. 3 ______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign LuLish Task Order No. 3 • Approve and adopt Resolution No. 2022-86, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
BACKGROUND
The Crescent City – Del Norte Chamber of Commerce / Visitor’s Bureau receives ongoing marketing services from Lynnette Braillard (LuLish) to promote Del Norte County and the City recently had the opportunity to join in these marketing efforts with an emphasis on Crescent City. On March 28, 2022, Ms. Braillard presented a marketing plan to City staff laying out the goals and objectives for a marketing campaign specific to Crescent City, focusing on the Lighthouse Cove RV Park, Beachfront Park, and Fred Endert Municipal Pool. By working with Ms. Braillard, the messaging campaign could be made consistent and seamless with Visit Del Norte County. The City has worked with Ms. Braillard in the past as part of the “Go for the Gold” campaign in 2019-2020.
On May 2, 2022 City Council authorized the City to enter into a marketing agreement with LuLish and approved Task Order No. 1. The Task Order included:
• Digital Ads for Lighthouse Cove RV Park / Pool / Beachfront Park LULISH MARKETING TASK ORDER NO. 3
DECEMBER 19, 2022
2 • Website Redesign for Lighthouse Cove RV Park
• Print Ads for RV Park / Pool / Beachfront Park
• Bay Area Travel Show Brochures / Attendance
• Photo / video of RV Park / Pool / Beachfront Park
• Creative & Marketing Services
The total cost of Task Order No. 1 was $24,000, with $13,595 coming out of the RV Park line item and $5,203 coming out of both the Pool and Parks line items.
In the period from May 2, 2022 to June 30, 2022, Ms. Braillard completed $12,863.21 of what was laid out in the Scope of Work for the 21-22 Fiscal Year, of which $10,050.71 was invoiced during the 21-22 Fiscal Year and $2,812.50 was invoiced during the 22-23 Fiscal Year budget. The work included the creation of ad content and photography & videography services, and consultation on several marketing efforts brought forward by City staff. This left $11,136.79 of work uncompleted.
The current agreement with LuLish provides that the City Manager can approve any single task order up to $10,000. Task Order No. 2 covered services rendered between June and September of 2022 and was in the amount of $8,541.54. Because it was under the $10,000 threshold, it was approved directly by the City Manager. Task Order No. 2 included:
• A Co-op Full Page ad with Visit Del Norte County in the 101 Things In-Room Hotel Guide
• Creative Marketing Services
This work has laid a foundation for all future efforts to promote Crescent City as a compelling tourist destination. Over time the goal is to expand efforts to focus on local and regional campaigns to enhance citizen awareness of City efforts and services and increase community engagement.
ITEM ANALYSIS
Because staff brought the Scope of Work, Task Order No. 1, and Budget Amendment to Council with only two months remaining in the 21-22 Fiscal Year, $11,135.80 of the budgeted work was not completed, including $6,793 for the redesign of the RV Park website, which was instead billed to the 22-23 Fiscal Year budget.
Additionally, some services performed in the 21-22 Fiscal Year were not invoiced until into the 22-23 Fiscal Year, totaling $2,812.50, and included:
• A Photo & Video Shoot
• Creative & Marketing Services
As such staff is requesting the unused budget of $13,948.30 from FY21-22 be reallocated in FY22-23.
LULISH MARKETING TASK ORDER NO. 3
DECEMBER 19, 2022
3 In addition to the above stated work, the Scope of Work for the 22-23 Fiscal Year includes:
• Strategic Printed & Digital Ad Placement
• Digital marketing on Google Ads Network & Facebook/Instagram • Tri-fold Brochure for Distribution
• Website Design for the Fred Endert Pool
• Marketing & Creative Services
Task Order No. 3 will encompass the remainder of this scope of work that was not included in Task Order No. 2.
Staff is also recommending adding $1,500 of additional funding to the budget for a co-op table at the Bay Area Travel Show in March of 2023. Crescent City participated in the 2022 Trade Show, which had over 6,000 individuals in attendance and 800 Crescent City brochures distributed.
FISCAL ANALYSIS
In FY21-22, Council approved a budget of $24,000 for the efforts included in Task Order
1. Due to timing, a portion of that budget was not spent in FY21-22, and staff is requesting the Council to roll over the unused budget to complete those tasks, as well as increase the budget to expand scope in the current fiscal year.
FY21-22
Budget
FY21-22
Exp
Roll Over
to FY22-23
Requested
Scope
Increase
Total FY22-
23 Increase
Parks (now in
Econ Dev)
5,202.50
(3,681.87)
1,520.63
1,364.50
2,885.00
Pool
5,202.50
(3,681.88)
1,520.62
1,364.50
2,885.00
General Fund
total
10,405.00
(7,363.75)
3,041.25
2,729.00
5,770.00
RV Park
13,595.00
(9,684.53)
3,910.47
5,767.00
9,677.00
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals and objectives:
• Goal 2: Promote a Thriving Local Economy
• Objective 2(C): Engaging with residents, visitors, and businesses through ongoing marketing of City products, services and facilities; and Aiding or leading in the promotion and coordination of community-wide events
ATTACHMENTS
LULISH MARKETING TASK ORDER NO. 3
DECEMBER 19, 2022
4 1. Resolution No. 2022-86 Amending the Fiscal Year 2022-23 Budget of The City ofCrescent City
2. LuLish Task Order No. 3