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Agenda, first session

Crescent City City Council
July 24, 2023

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Agenda, first session
Meeting
July 24, 2023
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Crescent City City Council
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17
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7/24/23 COUNCIL AGENDA

CITY OF CRESCENT CITY
Mayor Isaiah Wright Mayor Pro Tem Blake Inscore
Council Member Raymond Altman Council Member Jason Greenough Council Member Kelly Schellong
MONDAY JULY 24, 2023 6:00 P.M.

This meeting will be held in person at the location listed above. The City will provide alternative methods of participation for the convenience of the public. The City does not, however, guarantee that there will not be technological issues or interruptions. The public is hereby notified that if there is a technological issue with Zoom or YouTube, the meeting will continue in person as scheduled. The public may access and participate in the public meeting using one or more of the following methods:
1) The meeting will be streamed via Zoom (details below). The direct Zoom link will also be posted on the City of Crescent City website (www.crescentcity.org). During the meeting, public comment may be made by using the raise hand feature on Zoom; ZOOM PHONE NUMBER: 1 (253) 215-8782 ZOOM WEBINAR ID: 842 5960 5713 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9
2) The meeting will also be streamed on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 3) Public comments may also 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

OPEN SESSION
Call to order
Roll call
Pledge of Allegiance
AGENDA

REGULAR MEETING OF THE

CITY COUNCIL OF THE CITY OF CRESCENT CITY

FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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7/24/23 COUNCIL AGENDA

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. Oaths of Office for Police Officer Samantha Aguirre

2. National Night Out Proclamation

CONSENT CALENDAR

3. Council Meeting Minutes
• Recommendation: Approve the July 10, 2023 meeting minutes for the City Council.

4. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period July 1, 2023 through July 14, 2023.

5. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending July 15, 2023, paid July 21, 2023

6. Code Enforcement Department Budget Amendment for Legal Services • Recommendation: Approve and adopt Resolution No. 2023-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY 22/23

BUDGET OF THE CITY OF CRESCENT CITY

7. CCPD K9 Patrol Vehicle Purchase
• Recommendation: Authorize the City Manager to sign a purchase order and purchase agreement for a new K9 patrol vehicle from Utilitac Equipment and Upfitting

8. 2023-2025 MOU with the Crescent City Employees Association and Side Letter Agreement Regarding Compensation Study
• Recommendation: Approve and adopt Resolution No. 2023-53, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING A

MEMORANDUM OF UNDERSTANDING AND SIDE LETTER AGREEMENT

BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT CITY EMPLOYEES FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025 3 | P a g e
7/24/23 COUNCIL AGENDA
• Approve and adopt Resolution No. 2023-54, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY UPDATING THE POSITION CONTROL FOR FY 23/24

9. Cultural Center Elevator Certification Budget Amendment • Recommendation: Approve and adopt Resolution No. 2023-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY 23/24

BUDGET OF THE CITY OF CRESCENT CITY
REPORTS AND PRESENTATIONS - None

PUBLIC HEARING

10. Delinquent Sewer-Only Accounts Public Hearing
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• City Council may revise, change, reduce, or modify any charge, or may overrule any or all objections
• Approve and adopt Resolution No. 2023-56, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY DETERMINING THE AMOUNT OF

DELINQUENT SEWER CHARGES FOR CERTAIN PARCELS OF PROPERTY AND

AUTHORIZING THE COLLECTION THEREOF WITH ORDINARY PROPERTY TAXES
CONTINUING BUSINESS - None

NEW BUSINESS

11. General Plan Annual Progress Report
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Provide direction to staff on any proposed changes to the General Plan APR • Review and approve the General Plan Annual Progress Report

12. CCPD Cadet and Volunteer K9 Program Donations
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize donations and expenditures to the Cadet and Volunteer K9 Program • Approve and adopt Resolution No. 2023-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY 23/24 BUDGET

OF THE CITY OF CRESCENT CITY

13. Disposition and Development Agreement with Danco Communities for Low-Income Senior Housing Project at 655 H Street
• Recommendation: Hear staff report
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7/24/23 COUNCIL AGENDA
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2023-58, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY DECLARING CERTAIN REAL

PROPERTY AS EXEMPT SURPLUS LAND AND APPROVING A DEVELOPMENT AND DISPOSITION AGREEMENT WITH DANCO COMMUNITIES FOR LOWINCOME SENIOR HOUSING CEQA determination: the resolution includes a determination that the project is exempt from CEQA as in-fill development pursuant to Section 15332 of the State CEQA Guidelines.

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.) o TPP Workability Program

ADJOURNMENT
Adjourn to the regular meeting of the City Council of the City of Crescent City on Monday, August 7, 2023, at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.

POSTED:

July 21, 2023
/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
CEQA determination: the resolution includes a determination that the project is exempt from CEQA as in-fill development pursuant to Section 15332 of the State CEQA Guidelines.

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, Samantha Aguirre, do solemnly swear 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 and faithful allegiance to the Constitution of the United States and to 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 for the Crescent City Police Department.

Samantha Aguirre, Police Officer _____________________________________________

NAME AND TITLE OF PUBLIC OFFICER/EMPLOYEE SIGNATURE OF PUBLIC OFFICER/EMPLOYEE Subscribed and sworn to before me this 24th day of July, 2023. ____ Robin Altman, City Clerk ______________________________________________

NAME AND TITLE OF OFFICER ADMINISTERING OATH SIGNATURE OF OFFICER ADMINISTERING OATH Proclamation
of the
City of Crescent City
WHEREAS, the Crescent City Police Department is sponsoring a unique, nationwide crime, drug and violence prevention program on Tuesday, August 1, 2023, called “National Night Out”; and
WHEREAS, the “40th Annual National Night Out” provides a unique opportunity for the City of Crescent City to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, it is essential that all citizens of Crescent City be aware of the importance of crime programs and the impact that their participation can have on reducing crime, drug and violence in Crescent City; and
WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the “National Night Out” program.

THEREFORE, I do hereby call upon all citizens of the City of Crescent City to join the Crescent City Police Department in supporting the 40th Annual National Night Out on August 1, 2023.

FURTHER, LET IT BE RESOLVED that we, the City Council of the City of Crescent City, California, do hereby proclaim Tuesday, August 1, 2023 as “National Night Out” in the City of Crescent City, California. This, the 24th day of July 2023.

NATIONAL NIGHT OUT 2023
_____________________________________
Isaiah Wright, Mayor
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7/10/23 COUNCIL MINUTES

CITY OF CRESCENT CITY
Mayor Isaiah Wright Mayor Pro Tem Blake Inscore
Council Member Raymond Altman Council Member Jason Greenough Council Member Kelly Schellong
MONDAY JULY 10, 2023 6:00 P.M.

CLOSED SESSION
Call to order Mayor Wright called the closed session to order at 5:02 p.m.

Roll call Council Members present: Council Member Ray Altman, Council Member Jason Greenough, Council Member Kelly Schellong, Mayor Pro Tem Blake Inscore, and Mayor Isaiah Wright
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, and Finance Director Linda Leaver

CLOSED SESSION PUBLIC COMMENT PERIOD
There were no comments from the public.

CLOSED SESSION
• Conference with Legal Counsel – Anticipated Litigation (Gov. Code § 54956.9(d)(4)): 3 cases
• Conference with Labor Negotiator (Gov. Code § 54957.6): Agency Representative: Eric Wier; Employee Association: Crescent City Management Employees Association, Crescent City Employees Association; Unrepresented Contract Employees: Chief of Police, Fire Chief, Public Works Director, Economic Development and Recreation Director, Housing Director
Council Member Altman recused himself from the CCMEA discussion due to a conflict of interest as his wife is a member of the unit.

Council Member Schellong recused herself from the CCEA discussion due to a conflict of interest as her son is a member of the unit.

REPORT OUT OF CLOSED SESSION
City Attorney Rice reported no actions were taken on closed session items.

MINUTES

REGULAR MEETING OF THE

CITY COUNCIL OF THE CITY OF CRESCENT CITY

WASTEWATER TREATMENT FACILITY
210 BATTERY STREET
CRESCENT CITY, CA 95531
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OPEN SESSION
Call to order Mayor Wright called the open session to order at 6:02 p.m.

Roll call Council Members present: Council Member Ray Altman, Council Member Jason Greenough, Council Member Kelly Schellong, Mayor Pro Tem Blake Inscore, and Mayor Isaiah Wright
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Finance Director Linda Leaver, Public Works Director Dave Yeager, Human Resources Manager Sunny Gonzales via Zoom, Housing Authority Executive Director Megan Miller via Zoom, Economic Development and Recreation Director Ashley Taylor, Police Officer Jordan Fillippa, Sgt. Anthony Lopez, K9 Lt. Kai, Police Officer Daniel Sanders, K9 Sgt. Kostya, Police Officer Ethan Miller, Police Officer Magnolia Valero, Police Officer Connor Sperling, Sgt. Alex Pearson and Police Chief Richard Griffin
Pledge of Allegiance led by Mayor Wright

PUBLIC COMMENT PERIOD
The following residents gave public comment:

Dorothy Riley: spoke about nanotechnology and co-intelpro, police brutality, and that she is being controlled by psych-warfare.

Jonathan Greenough: Thanked the Council for bringing back the tire swing to the Brother Jonathan Playground.
➢ Reports, Concerns, Referrals, Council travel and training reports – Council Member Altman: attended a stakeholder meeting in Gold Beach with Congresswoman Val Hoyle, along with several dignitaries, to discuss the protection of the North Fork of the Smith River and salmon from nickel mining.

Council Member Greenough: nothing to report
Council Member Schellong: has attended the Border Coast Regional Airport Authority meeting (listen to her list); met with Nick Rail for the Performing Arts Center, she and Council Member Greenough will be meeting with the County to discuss Animal Control and Dispatch. Road in a firetruck with her grandson in the 4th of July parade.

Mayor Pro Tem Inscore: spent a week in our Sister CIty Rikuzentakata; there will be a formal presentation when everyone can get together. Was impressed with the 4th of July and that it went very well
Mayor Wright: appreciated riding in the 4th of July parade alongside Chief Griffin; he handed out books to the children in the crowd.

CEREMONIAL ITEMS

1. Oaths of Office for Police Officer Jordan Fillippa
Police Chief Griffin reported to the Council about Officer Fillippa’s academy experience and how he was top of his class. City Clerk/Administrative Analyst Altman administered the Oath of Office to Officer Fillippa. Officer Fillippa spoke of his thankfulness for being a part of CCPD and Measure S that made attending the Academy easier on him financially. 3 | P a g e
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2. Police Chief Commendation for Mrs. Alyce Pearson
Police Chief Griffin explained to the Council how Officer Alex Pearson’s mother, Alyce Pearson, has been instrumental in making sure the officers’ uniforms always stay sharp by offering her seamstress talents. He presented her with the Police Chief Commendation.

CONSENT CALENDAR

3. Council Meeting Minutes
• Recommendation: Approve the June 20, 2023 meeting minutes and the April 10, 2023 special closed session meeting minutes for the City Council.

4. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period June 10, 2023 through June 30, 2023.

5. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending June 17, 2023, paid June 23, 2023 and period ending July 1, 2023, paid July 7, 2023.

6. Budget-to-Actual Financial Reports for May 2023
• Recommendation: Receive and file monthly budget-to-actual financial reports of the City’s major operating funds for the month of May 2023

7. Budget Amendment for Purchase of Water Meter/Pressure Recorder on Elk Valley Casino Water Supply
• Recommendation: Approve and adopt Resolution No. 2023-47, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

8. 2023-2025 MOU with Crescent City Management Employees Association and Side Letter Agreement Regarding Confidential Employees
• Recommendation: Approve and adopt Resolution No. 2023-48, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING A

MEMORANDUM OF UNDERSTANDING AND SIDE LETTER AGREEMENT

BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT CITY MANAGEMENT EMPLOYEES ASSOCIATION FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025

9. Update Position Control
• Recommendation: Approve and adopt Resolution No. 2023-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY 2023- 24 POSITION CONTROL

10. Annual Salary Update, Longevity Pay and Merit Pay for Contract Employees • Recommendation: Approve and adopt Resolution No. 2023-50, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY REVISING THE SALARY

SCHEDULE FOR CERTAIN CONTRACT POSITIONS
• Approve and adopt Resolution No. 2023-51, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY APPROVING SPECIAL PAYS FOR CONTRACT EMPLOYEES EFFECTIVE JULY 1, 2023
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11. Elk Valley Rancheria Coastal Conservancy Grant Application Letter of Support • Recommendation: Authorize the Mayor to sign a letter of support for the Elk Valley Rancheria’s Coastal Conservancy grant application to purchase 9-acre parcel on Crescent Beach

12. SHN Contract Amendment SB2 & LEAP Grant Tasks
• Recommendation: Approve and authorize the City Manager to sign Amendment No. 3 to the 2019 Professional Services Agreement with SHN Engineers & Geologists

13. Front Street Consulting Contract Amendment
• Recommendation: Approve and authorize the City Manager to sign Task Order 22 Amendment 2 – Front Street Storm Drain and Reconstruction with Stover Engineering with a contract extension from June 30, 2023 to June 30, 2025 to complete the design blocks of Front Street from Play Street to L Street, and K Street from Front Street to 2 nd Street
Council Member Schellong asked for item 4 to be pulled from consent as she will be recusing herself due to a conflict of interest with her employer; the Council was in consensus. For item number 8, she wanted to thank Linda, Eric, Sunny, and Martha for all of their work.

The Council was in consensus to pull item 8 from the consent calendar.

There were no comments from the public.

On a motion by Mayor Pro Tem Inscore, seconded by Council Member Schellong and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City adopted items 3, 5, 6, 7, 9, 10, 11, 12 and 13 of the consent calendar as presented.

There were no comments from the public.

On a motion by Council Member Greenough, seconded by Mayor Pro Tem Inscore and carried unanimously on a 4-0-1 polled vote with Council Member Altman being recused, the City Council of the City of Crescent City approved item 8 of the consent calendar as presented.

There were no comments from the public.

On a motion by Council Member Greenough, seconded by Mayor Pro Tem Inscore, and carried on a 4-0-1 vote with Council Member Schellong being recused, the City Council of the City of Crescent City approved item 4 of the consent calendar as presented.

REPORTS AND PRESENTATIONS - None
PUBLIC HEARING - None

CONTINUING BUSINESS
[#15 taken out of order and heard prior to #14]

14. Accessory Dwelling Unit Ordinance Discussion
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
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• Give direction to staff on additions or modifications to the Draft Accessory Dwelling Unit Ordinance
Due to technical difficulties, Mayor Wright took item 15 first.

City Attorney Rice reported to the Council what was requested at the last Council meeting which included rental term regulations and connection fees. She conducted a survey of other cities that had ADUs and found that out of 25 cities, 23 restricted all ADUs to long term rentals. 18 of 25 cities restricted the JADUs to over 30 days rentals; the restrictions would also be placed into a deed restriction. Regulation options are to prohibit all ADUs for being short term rentals as well as JADUs which must be rented for no shorter than 31 days at a time. Another option is only have ADUs be required to be rented for more than 30 days at a time; or only JADUs with the same restriction. This is to expand the housing market for permanent housing and it is recommended it be placed in a deed restriction. Mayor Pro Tem Inscore asked about the deed restriction, if a later Council chose to amend the ordinance and take that off, how would the process go for the deed restriction, could the property owner petition to have it removed? City Attorney Rice stated that she would recommend language that at the time of this deed restriction and that it can say at this time it is restricted to a long-term rental. Mayor Pro Tem Inscore asked how the deed restriction was done with the County; City Attorney Rice said the Notice of Occupation would not be issued until the deed was restricted. Council Member Schellong agrees with the deed restriction. She asked how it would apply to ADUs that are already built; City Attorney Rice stated that ADUs need permits to be built, however it can be placed to have the deed restriction recorded before the ADU permit is issued. Council Member Greenough opposes undue restrictions to how property owners use their property, however, these give homeowners have an advantage with the way this is done. Council Member Schellong stated that the people who have reached out to her stating they want to see long-term rentals. City Attorney Rice gave the following options for rental regulations to the Council: 1: All ADUs/JADUs – all ADUs and JADUs would be prohibited from renting the unit for less than 31 consecutive days; at this time all other dwelling unit types could be used for short term rentals; 2: Only ADUs – All ADUs (both statewide exemption ADUs and non-exempt ADUs) would be prohibited from renting the unit for less than 31 consecutive days at a time; JADUs could theoretically be used for short-term rentals; 3. Only JADUs – all JADUs would be prohibited from renting the unit for less than 31 consecutive days at a time; nonexempt ADUs could be used for short-term rentals. Mayor Pro Tem Inscore stated that he supports not putting restrictions on JADUs. Residents have complained to him that in a traditional neighborhood, they do not want to have people coming and going all the time as in the short-term rental. Council Member Schellong does not want restrictions; however, this will help with the housing market that we are struggling with. As there are professionals that can’t come here to work because there is no housing, this would meet our housing needs. Doesn’t mind keeping JADUs as short-term rentals. Council Member Altman spoke in support of long-term rentals that will help the housing crisis that we have now. Mayor Wright stated that some of the professionals who come to town only have 4 weeks on their contract; could there be an exemption for them? City Attorney Rice stated that the 30 days is only 2 extra days and usually the employer pays for it and has someone else is put in place when the other leaves. Council Member Altman stated that if someone wants to have a short-term rental, they can find another product, that 30 days isn’t really long-term in his opinion. Mayor Pro Tem Inscore stated that if someone renting by night, it would be more profitable. Council Member Schellong asked if an ordinance direction to have the ADUs would need to be rented for 30 plus days, JADUs can be either, and add a deed restriction is what her recommendation would be. Asked if there would be a public hearing so more input can be obtained; City Attorney Rice stated there will be at least two more meetings for this item. Council Member Greenough is not in favor or restrictions.

The following resident addressed the public, Tamera Leighton’s comment was submitted via email:
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Natalie Fahning: spoke in support of long-term rentals with enforceable penalties. Spoke about how difficult it is to live next to vacation rentals as it changes the neighborhoods.

Tamera Leighton (via email): asked the Council to protect the housing stock when creating an ADU ordinance and for the rental terms to be over 30 days, prohibiting short-term rentals.

City Attorney Rice asked the Council to provide direction on the rental piece at this time, and then she will go over the connections. Mayor Pro Tem Inscore stated that his recommendation would be to establish both exempt and non-exempt ADUs as mandatory 31 plus day rentals for only the ADUs. The Council was in unanimous consensus with Mayor Pro Tem Inscore’s recommendation.

City Attorney Rice clarified that it would also include a deed restriction; the Council unanimously agreed.

City Attorney Rice went on to the connections and began with defining the fees. The connection fee addresses costs of capacity and some entities call it a capacity fee. This fee charges for public facilities in existence at the time the fee is imposed or for new public facilities to be acquired or constructed in the future to meet the capacity needs of the system. The fees are required to be a proportional benefit to the person or property being charged. Currently, the City’s connection fees for water is $2,700 per single-family equivalent and for sewer it is $9,682. She further explained that State law is that the City may impose a proportionate connection fee and/or require a separate utility connection. For ADUs that is a conversion of existing space with in the single-family dwelling or accessory structure a separate connection is not required, nor is a connection fee. For existing space in a new single-family dwelling, a separate connection and fee is required. For an attached new construction ADU, both the separate connection and fee are required as well as for a detached, new construction ADU. For JADUs, neither the separate connection nor a fee is required. She went over the definitions of proportionality and that the City already has a proportionate scale, she reviewed that in detail. She stated that the direction staff is seeking for this portion of the ordinance is whether to impose proportional utility connection fees, whether to require a separate utility connection.

Mayor Wright called a five-minute recess at 7:38 p.m. and reconvened the meeting at 7:45p.m.

Mayor Pro Tem Inscore stated that he supports imposing a proportional utility connection fees especially since having an ADU is no different than an added room to a house in regards to usage.

Council Member Greenough asked if a person puts an addition onto their home, within the process does the City require them to pay a little extra; City Manager Wier stated that no, not for sewer and water. City Attorney Rice stated that by definition, ADUs are different because they are separate, independent living facilities, wherein an addition of a bedroom and bathroom does not meet that definition. Mayor Wright explained that he has two water bills and they do not differ in cost from one another; City Manager Wier stated that it is based on 500 cubic feet of water and will increase if goes over. City Attorney Rice explained that if you have an additional line on a property it makes sense to have a fee associated with it because there are now two lines that can pull max capacity. Council Member Schellong asked if the City would require them to then have an additional meter, City Attorney Rice stated that yes, if that was Council direction, she would recommend that if a connection fee is charged then it should be based on a separate line. City Manager Wier stated that if this is done for ADUs it would be inconsistent with how it’s done with someone building a duplex as they can have two structures with one meter as long as the lines stay on that parcel. Mayor Pro Tem Inscore suggested having guidelines set in place for inspections as there are older homes in the area that may have a service line that may not be able to connect as is. Agrees with not requiring a second line. City Attorney Rice stated that she surveyed some cities and some require utilities with separate connections and fees for some utilities but not others, other cities gave an option.
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The Council was in unanimous consensus for connection fees when allowed and for separate meters to be permissible but not required.

There were no comments from the public.

15. Tidewater Front Street Change Order No. 1
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize the City Manager to sign Change Order No. 1 with Tidewater Contractors in the amount of $126,540 for pre-purchase of long lead Additive Bid items for water system improvements in Front Street
• Authorize the City Manager to approve and sign change orders in an aggregate amount not to exceed 10% of the Base Bid and an individual change order amount not exceed $60,000.00
Public Works Director Yeager reported to the Council that this item is for Tidewater Contractors to already add the bid items for the water portion of the third block of Front Street. Sufficient funding exists for the pre-purchase of the long lead time water bid items. Progress payments for these bid items will be partially billed only for materials received paid off of invoice. The installation will be billed per progress payment after these items are installed. There is no financial risk to the City in the unlikely event of revocation of pending funding sources since these components are to be purchased with already allocated funding and can be stored in the event of a project delay. Mayor Pro Tem Inscore stated that even if funding doesn’t come through, we are still committed to the third block and will be able to find funding; Director Yeager answered in the affirmative. Council Member Greenough asked when the materials would come; Director Yeager stating knowing when the materials arrive cannot be determined. Council Member Greenough asked when the project would begin; Director Yeager stated it would begin July 24th. City Manager Wier stated that it was Council Member Greenough that said there should be Council attendance on a groundbreaking ceremony; the Council was in consensus to have an official groundbreaking.

Council Member Altman asked if new fire hydrants will be installed; Director Yeager answered in the affirmative.

There were no comments from the public.

On a motion by Council Member Schellong, seconded by Council Member Greenough and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City authorized the City Manager to sign Change Order No. 1 with Tidewater Contractors in the amount of $126,540 for pre-purchase of long lead Additive Bid items for water system improvements in Front Street and authorized the City Manager to approve and sign change orders in an aggregate amount not to exceed 10% of the Base Bid and an individual change order amount not to exceed $60,000.00 NEW BUSINESS - None

CITY COUNCIL ITEMS
➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported the following to the Council:
o RAISE grant application for Front Street was not awarded, Elk Valley would like to reapply next round
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7/10/23 COUNCIL MINUTES
o Director Yeager reported that at K Street had some leveling, sewer repair at Cooper, rest of K Street will get 60 tons of asphalt.
o Corp Yard canopy is down and the locker room at the pool has been insulated and sheet rocked
o Bicycle Rides Northwest will arrive tomorrow at noon. First night will be a program with Grant Werschkull of the Smith River Alliance and Emily Reed of the Tolowa Dee-Ni Nation. The second night will feature a drum circle put on by DNAACA, as well as a showing of the Kamome documentary, and an extra showing of the Val Polyanin Art Exhibit.

Tamera Leighton: stated she was the initial contact for Bicycle Rides Northwest to make it happen along with CHP. Bicycle Rides Northwest is very much about supporting the communities that they visit.
o Chief Griffin announced that CCPD was awarded the Tobacco Grant for shoulder tap programs, equipment, etc.

ADJOURNMENT
There being no further business to come before the Council, Mayor Wright adjourned the meeting at 8:05 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, July 24, 2023 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.

After adjournment, resident Dorothy Riley asked to give public comment and was informed that the meeting had been adjourned and the public comment period had concluded.

ATTEST:
__________________________
Robin Altman
City Clerk/Administrative Analyst
Accounts Payable
User:

Printed:
crawlings
7/17/2023 12:05 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH EDDTAX State of California EDD TAX Auto Pay 07/10/2023 0.00 5,050.24 ACH FITTAX FIT Payroll Taxes Auto Pay 07/10/2023 0.00 22,292.80 ACH PERS2 Public Emp Retirement Sys 07/10/2023 0.00 33,152.07 ACH PERS1 PERS Health 07/10/2023 0.00 75,877.76
443257 CALORE AirMedCare 07/10/2023 0.00 82.00
443258 ARBA NBBE Insurance Trust ARBA 07/10/2023 0.00 960.00 443259 CASTATE CA State Disbursement Unit 07/10/2023 0.00 358.12 443260 CLEA California Law Enforcement Association 07/10/2023 0.00 324.00 443261 WAMUTU Crescent City Employees Association 07/10/2023 0.00 85.00 443262 CCPOLI Crescent City Police Officer's Association 07/10/2023 0.00 500.00 443263 DNAMBU Del Norte Ambulance Inc. 07/10/2023 0.00 90.00 443264 ICMARE Mission Square 07/10/2023 0.00 4,563.25
443265 MYERSS Myers-Stevens & Toohey Co Inc 07/10/2023 0.00 105.00 443266 STANDAI Standard Insurance Company 07/10/2023 0.00 2,598.83 443267 ZCAFRAN2 State Of California 07/10/2023 0.00 50.00 443268 GOLDSTAT Golden State Risk Mgmt Auth 07/06/2023 0.00 936,344.00 443269 AMFAM American Family Life 07/10/2023 0.00 1,504.11 443270 AMLIF Ameritas Life Ins. Corp. 07/10/2023 0.00 5,475.84 443271 VISION Vision Service Plan 07/10/2023 0.00 1,271.85 443272 KIEFER Adolph Kiefer And Associates 07/13/2023 0.00 24.37 443273 AECOM AECOM Technical Services Inc 07/13/2023 0.00 28,884.75 443274 PATCHROB Robin Altman 07/13/2023 0.00 41.03
443275 AMAZON Amazon Capital Services, Inc 07/13/2023 0.00 2,137.67 443276 ARMORREA Armor Research Company 07/13/2023 0.00 9,956.52 443277 AUTOZONE Auto Zone 07/13/2023 0.00 207.82
443278 AZCO Azco Supply 07/13/2023 0.00 26,304.75
443279 CRESUNIF Melanie Barry 07/13/2023 0.00 9.50
443280 BLUEST Blue Star Gas Associates 07/13/2023 0.00 2,501.78 443281 CURRYE Brad Coleman Inc 07/13/2023 0.00 542.21
443282 CRENNE C Renner Petroleum Inc 07/13/2023 0.00 2,896.94 443283 ZCAPOL Ca Police Chiefs Assoc. 07/13/2023 0.00 365.00 443284 CALREDAR California Redwoods Art Association 07/13/2023 0.00 75.00 443285 CANON Canon Solutions America Inc 07/13/2023 0.00 20,903.45 443286 CHARTEC Charter Communications 07/13/2023 0.00 1,091.07 443287 CIVICA Civica Law Group APC 07/13/2023 0.00 6,235.50 443288 DAILYT Country Media Inc. 07/13/2023 0.00 621.18 443289 DNCOC2 D N Co Dept Inform Tech 07/13/2023 0.00 185.94 443290 DAYWIR Day Management Corporation 07/13/2023 0.00 131.60 443291 DEFORGEB Ben DeForge 07/13/2023 0.00 94.60
443292 DNSOLI County of Del Norte 07/13/2023 0.00 1,082.80 443293 DNCBOS Del Norte County 07/13/2023 0.00 130.00
443294 MISSVS Virginia Delatorre 07/13/2023 0.00 1,730.00 443295 LULIISH Dezire Inc. 07/13/2023 0.00 2,639.25
443296 ENGLUN Englund Marine Supply Co. 07/13/2023 0.00 81.97 443297 EUREKAO Eureka Oxygen Co. 07/13/2023 0.00 58.30
443298 FRESWATE Freshwater Environmental Services Inc 07/13/2023 0.00 6,104.50 443299 VERIZO2 Frontier California Inc 07/13/2023 0.00 4,450.88 AP Checks by Date - Summary by Check Number (7/17/2023 12:05 PM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 443300 NAPA GDMI ENT INC 07/13/2023 0.00 15.56
443301 GRAFIX Grafix Shoppe 07/13/2023 0.00 2,290.24
443302 GRAING Grainger 07/13/2023 0.00 27.64
443303 HolmesM Mark Holmes 07/13/2023 0.00 75.00
443304 RECALL Iron Mountain 07/13/2023 0.00 128.92
443305 BICOASTA KPOD, LLC. 07/13/2023 0.00 360.00
443306 LEAVERL Linda Leaver 07/13/2023 0.00 185.00
443307 LESSCH Les Schwab Tire Centers of California Inc 07/13/2023 0.00 20.00 443308 Lexipol Lexipol LLC 07/13/2023 0.00 7,233.71
443309 LEXISNEX LexisNexis Risk Data Management Inc 07/13/2023 0.00 200.00 443310 LNLINDUS LNL Industries 07/13/2023 0.00 675.00
443311 CCHAY&FE Tony Lundback 07/13/2023 0.00 28.34
443312 MERLEH Merle Helstowski Signs 07/13/2023 0.00 398.36 443313 MISSIO Mission Linen Supply 07/13/2023 0.00 143.54 443314 MORRISW William Morris 07/13/2023 0.00 27.25
443315 MOUNTvie Mountain View Paving Inc. 07/13/2023 0.00 1,050.00 443316 NATTANK National Tank Outlet 07/13/2023 0.00 29,143.28 443317 NCAGLOV NCG Safety Inc 07/13/2023 0.00 262.86
443318 NSISOL Nsi Solutions Inc 07/13/2023 0.00 233.00
443319 OFFICEDE Office Depot 07/13/2023 0.00 100.26
443320 OREILLY O'Reilly Auto Enterprises LLC 07/13/2023 0.00 192.96 443321 OTIS E Otis Elevator Company Inc 07/13/2023 0.00 348.94 443322 MENDES Pacific Packaging & Supply Co Inc 07/13/2023 0.00 1,576.44 443323 PACPOW PacifiCorp 07/13/2023 0.00 36,380.00
443324 DITCHWIT Pape Group Inc, The 07/13/2023 0.00 623.07 443325 PAPEMAC2 Pape Group Inc, The 07/13/2023 0.00 539.92 443326 HITECHSE Pinger Industries, Inc. 07/13/2023 0.00 944.82 443327 PLATTPAC Platt Pacific Company 07/13/2023 0.00 690.81 443328 QUADIENT Quadient Finance USA Inc 07/13/2023 0.00 29.31 443329 DNDISP Recology Del Norte 07/13/2023 0.00 3,210.36 443330 SANDERSD Daniel Sanders 07/13/2023 0.00 196.35
443331 SPRING SBRK Finance Holdings, Inc 07/13/2023 0.00 58,405.50 443332 SHNCON SHN Consulting Engineers & Geologists Inc 07/13/2023 0.00 33,699.40 443333 SIGMAALD Sigma-Aldrich, Inc. 07/13/2023 0.00 95.05 443334 SILVER&W Silver & Wright LLP 07/13/2023 0.00 745.68 443335 SOUTHOR Southern Oregon Signs 07/13/2023 0.00 270.00 443336 DNOFFI Debra Stover 07/13/2023 0.00 153.48
443337 ThaoL Lucy Thao 07/13/2023 0.00 575.00
443338 REDDGUN Tyler Thompson 07/13/2023 0.00 943.79
443339 TIDEWA Tidewater Contractors Inc 07/13/2023 0.00 2,134.69 443340 TIMHAB Timothy Joseph Haban 07/13/2023 0.00 2,546.49 443341 RAYMOR UBEO West, LLC 07/13/2023 0.00 48.32
443342 UNCHARTE Unchartered Shores Academy 07/13/2023 0.00 75.00 443343 CALCARDS US Bank Corporate Pmt Systems 07/13/2023 0.00 7,341.64 443344 USPM2 USPS - Hasler 07/13/2023 0.00 2,000.00
443345 VERIZO3 Verizon Wireless Services LLC 07/13/2023 0.00 296.67 443346 VueK Khou Vue 07/13/2023 0.00 575.00
443347 CACEHA Wiececke and Associates 07/13/2023 0.00 1,726.20 443348 YOUNGZ ZoeAnne Young 07/13/2023 0.00 38.13
443349 ZUMAR Zumar Industries Inc 07/13/2023 0.00 1,204.86 Report Total (97 checks): 0.00 1,410,379.09
AP Checks by Date - Summary by Check Number (7/17/2023 12:05 PM) Page 2 AP
7-1-23 to 7-14-23 Council
User: crawlings
Printed: 7/17/2023 11:59:22 AM
Check Num Check Date Acct 1 Description Amount Selected For V 0 7/10/2023 001-230-4121-00000 PERS 1959 Survivor Billing FY 22/23 - PLAN ID # 6983 6.00 False 0 7/10/2023 610-000-2185-00000 PR Batch 00011.07.2023 State Income Tax 172.87 False 0 7/10/2023 610-000-2185-00000 PR Batch 00001.07.2023 State Income Tax 2,623.28 False 0 7/10/2023 610-000-2185-00000 PR Batch 00011.07.2023 State Income Tax 2,254.09 False 0 7/10/2023 610-000-2188-00000 PR Batch 00011.07.2023 Medicare Employer Portion 136.99 False 0 7/10/2023 610-000-2188-00000 PR Batch 00011.07.2023 Medicare Employee Portion 1,042.04 False 0 7/10/2023 610-000-2188-00000 PR Batch 00001.07.2023 Medicare Employer Portion 1,541.82 False 0 7/10/2023 610-000-2189-00000 PR Batch 00011.07.2023 Federal Income Tax 593.62 False 0 7/10/2023 610-000-2189-00000 PR Batch 00011.07.2023 Federal Income Tax 6,977.77 False 0 7/10/2023 610-000-2188-00000 PR Batch 00011.07.2023 Medicare Employer Portion 1,042.04 False 0 7/10/2023 610-000-2189-00000 PR Batch 00001.07.2023 Federal Income Tax 9,279.71 False 0 7/10/2023 610-000-2188-00000 PR Batch 00011.07.2023 Medicare Employee Portion 136.99 False 0 7/10/2023 610-000-2188-00000 PR Batch 00001.07.2023 Medicare Employee Portion 1,541.82 False 0 7/10/2023 630-111-4409-00000 July 23 Admin Fees - Retirees 48.93 False 0 7/10/2023 610-000-2173-00000 July 23 Premiums - Active 69,516.43 False 0 7/10/2023 001-111-4125-00000 July 23 Admin Fees - Active 229.40 False 0 7/10/2023 630-000-4125-00000 July 23 Premiums - Retirees 6,083.00 False 0 7/10/2023 610-000-2187-00000 PR Batch 00001.07.2023 Service Credit Purchase 413.20 False 0 7/10/2023 610-000-2187-00000 PR Batch 00011.07.2023 Survivor Benefit 2.81 False 0 7/10/2023 610-000-2187-00000 PR Batch 00011.07.2023 Survivor Benefit 20.15 False 0 7/10/2023 610-000-2187-00000 PR Batch 00001.07.2023 Survivor Benefit 35.34 False 0 7/10/2023 610-000-2187-00000 PR Batch 00011.07.2023 ER PERS Contribution 549.52 False 0 7/10/2023 610-000-2187-00000 PR Batch 00011.07.2023 ER PERS Contribution 7,961.84 False 0 7/10/2023 610-000-2187-00000 PR Batch 00001.07.2023 ER PERS Contribution 9,977.81 False 0 7/10/2023 610-000-2187-00000 PR Batch 00001.07.2023 EE PERS Contribution 7,622.80 False 0 7/10/2023 610-000-2187-00000 PR Batch 00011.07.2023 EE PERS Contribution 6,094.74 False 0 7/10/2023 610-000-2187-00000 PR Batch 00011.07.2023 EE PERS Contribution 467.86 False 443257 7/10/2023 610-000-2180-00000 Prorated New Hire Subscriptions 38.00 False 443257 7/10/2023 610-000-2180-00000 Prorated New Hire Subscriptions 44.00 False 443258 7/10/2023 001-230-4125-00000 Fire Life Insurance 960.00 False 443259 7/10/2023 610-000-2170-00000 PR Batch 00001.07.2023 Child Support-CA 158.76 False 443259 7/10/2023 610-000-2170-00000 PR Batch 00001.07.2023 Child Support CA Flat Amt 2 103.36 False 443259 7/10/2023 610-000-2170-00000 PR Batch 00001.07.2023 Child Support-CA 96.00 False 443260 7/10/2023 610-000-2179-00000 July 23 Premiums 324.00 False 443261 7/10/2023 610-000-2184-00000 PR Batch 00011.07.2023 CCEA Monthly Dues 18.63 False 443261 7/10/2023 610-000-2184-00000 PR Batch 00001.07.2023 CCEA Monthly Dues 65.00 False 443261 7/10/2023 610-000-2184-00000 PR Batch 00011.07.2023 CCEA Monthly Dues 1.37 False 443262 7/10/2023 610-000-2181-00000 PR Batch 00011.07.2023 CCPOA Dues 36.57 False 443262 7/10/2023 610-000-2181-00000 PR Batch 00011.07.2023 CCPOA Dues 463.43 False 443263 7/10/2023 610-000-2180-00000 New Hire Subscriptions 60.00 False 443263 7/10/2023 001-230-4125-00000 New Hire Subscriptions 30.00 False 443264 7/10/2023 610-000-2186-00000 PLAN # 306752 103.09 False 443264 7/10/2023 610-000-2178-00000 PLAN # 300878 197.28 False 443264 7/10/2023 610-000-2186-00000 PLAN # 306752 348.82 False 443264 7/10/2023 610-000-2178-00000 PLAN # 300878 825.00 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 1 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443264 7/10/2023 610-000-2178-00000 PLAN # 300878 217.55 False 443264 7/10/2023 610-000-2186-00000 PLAN # 306752 73.15 False 443264 7/10/2023 610-000-2178-00000 PLAN # 300878 100.77 False 443264 7/10/2023 610-000-2178-00000 PLAN # 300878 2,114.23 False 443264 7/10/2023 610-000-2186-00000 PLAN # 306752 21.64 False 443264 7/10/2023 610-000-2186-00000 PLAN # 306752 97.37 False 443264 7/10/2023 610-000-2186-00000 PLAN # 306752 464.35 False 443265 7/10/2023 610-000-2179-00000 July 23 Premiums Acct# 1010024 105.00 False 443266 7/10/2023 610-000-2179-00000 July 23 Premiums 2,598.83 False 443267 7/10/2023 610-000-2170-00000 PR Batch 00001.07.2023 Wage Garn-FTB 50.00 False 443268 7/6/2023 610-000-2183-00000 FY 24 Work Comp insurance - Acct # CITYCRE 369,298.00 False 443268 7/6/2023 620-620-4440-00000 FY 24 Prop, Liab, Auto Insurance - Acct # CITYCRE 567,046.00 False 443269 7/10/2023 610-000-2174-00000 July 23 Premiums Acct# Q9377 1,504.11 False 443270 7/10/2023 610-000-2177-00000 July 23 Premiums Acct# 010-21636 5,475.84 False 443271 7/10/2023 610-000-2175-00000 July 23 Premiums Acct# 12003309 1,271.85 False 443272 7/13/2023 001-480-4377-00000 nose clips 22.50 False 443272 7/13/2023 001-480-4379-00000 nose clips 1.87 False 443273 7/13/2023 901-480-4799-2020S Swimming pool boiler, HVAC, dehumidification project design 28,884.75 False 443274 7/13/2023 001-113-4530-00000 Travel per diem for 3/24-3/27 for Notary Exam 41.03 False 443275 7/13/2023 001-240-4530-00000 Death Scene Investigation Guide 70.37 False 443275 7/13/2023 001-240-4390-00000 Nitrile gloves 422.69 False 443275 7/13/2023 419-120-4310-00000 calendar 5.85 False 443275 7/13/2023 413-120-4310-00000 calendar 5.84 False 443275 7/13/2023 419-120-4310-00000 toner cartridge/envelopes 115.04 False 443275 7/13/2023 001-120-4310-00000 toner cartridge/envelopes 115.05 False 443275 7/13/2023 001-240-4393-00000 cables/microphone/stand 203.57 False 443275 7/13/2023 001-240-4311-00000 TV Wall mount 212.96 False 443275 7/13/2023 001-480-4311-00000 chalkboard sign 20.56 False 443275 7/13/2023 413-120-4310-00000 toner cartridge/envelopes 115.04 False 443275 7/13/2023 001-120-4310-00000 calendar 5.84 False 443275 7/13/2023 001-240-4320-00000 duty holster 124.31 False 443275 7/13/2023 412-100-4390-00000 Toner for printer 374.26 False 443275 7/13/2023 001-113-4310-00000 frame 64.90 False
443275 7/13/2023 412-100-4390-00000 iPad Pro cover 43.05 False 443275 7/13/2023 420-115-4390-00000 secuirty tokens 159.08 False 443275 7/13/2023 001-230-4390-2020S Iphone Otter boxes & lens protectors 81.88 False 443275 7/13/2023 001-112-4392-00000 return INV#1Y3G-P73K-3JLT -48.91 False 443275 7/13/2023 420-115-4390-00000 External hard drive 63.85 False 443275 7/13/2023 412-100-4390-00000 pet waste bags 47.38 False 443276 7/13/2023 001-240-4390-00000 Ballistic shields - 2021 EMPG grant funding 9,956.52 False 443277 7/13/2023 001-230-4390-00000 Rig washing & polishing 207.82 False 443278 7/13/2023 001-364-4350-10023 LED street light heads 26,304.75 False 443279 7/13/2023 001-230-4390-2020S Career Captain uniform shirt patch sewing 9.50 False 443280 7/13/2023 001-471-4220-00000 Propane ACCT 02-0065468 - 05/15-06/15 14.93 False 443280 7/13/2023 001-480-4220-00000 Propane FY23 ACCT 02-0065442 - 05/15-06/14 2,486.85 False 443281 7/13/2023 001-470-4390-00000 blade/sprayer 178.55 False 443281 7/13/2023 412-100-4390-00000 cable 21.65 False
443281 7/13/2023 001-230-4390-00000 Chainsaw oil 129.90 False 443281 7/13/2023 001-470-4390-00000 helmets 97.42 False 443281 7/13/2023 419-371-4390-00000 helmets 97.41 False 443281 7/13/2023 001-470-4390-00000 bracket shield 17.28 False 443282 7/13/2023 001-240-4330-00000 Fuel for patrol cars Acct# 0215111 2,279.49 False 443282 7/13/2023 001-240-4330-00000 Fuel for patrol cars Acct # 0215111 617.45 False 443283 7/13/2023 001-240-4550-00000 23/24 CPCA dues 365.00 False 443284 7/13/2023 001-000-2230-00000 Refund key deposit for 7/1-7/2/23 event 75.00 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 2 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443285 7/13/2023 413-353-4312-00000 New printer/copier for downstairs City Hall 2,825.00 False 443285 7/13/2023 419-371-4312-00000 New printer/copier for downstairs City Hall 2,825.00 False 443285 7/13/2023 001-350-4312-00000 New printer/copier for downstairs City Hall 2,884.96 False 443286 7/13/2023 413-352-4230-00000 broadband for security - 6/8-6/30/23 76.98 False 443286 7/13/2023 413-352-4230-00000 broadband for security - 7/1-7/7/23 28.00 False 443286 7/13/2023 001-230-4230-00000 Cable & Internet Service- 7/1-7/8/23 22.64 False 443286 7/13/2023 001-230-4230-00000 Cable & Internet Service- 5/20-6/30/23 179.33 False 443286 7/13/2023 419-371-4230-00000 broadband for security - 06/25-07/31 110.30 False 443286 7/13/2023 419-371-4230-00000 broadband for security - 06/26-07/31 107.40 False 443286 7/13/2023 001-470-4230-00000 Internet Service - 06/27-07/31 3.41 False 443286 7/13/2023 420-115-4230-00000 Internet Service - 06/27-07/31 15.85 False 443286 7/13/2023 001-250-4230-00000 Internet Service - 06/27-07/31 1.95 False 443286 7/13/2023 419-111-4230-00000 Internet Service- 06/27-07/31 5.12 False 443286 7/13/2023 419-120-4230-00000 Internet Service - 06/27-07/31 29.75 False 443286 7/13/2023 413-352-4230-00000 Internet Service - 06/27-07/31 12.92 False 443286 7/13/2023 413-111-4230-00000 Internet Service- 06/27-07/31 4.63 False 443286 7/13/2023 001-251-4230-00000 Internet Service - 06/27-07/31 7.07 False 443286 7/13/2023 001-120-4230-00000 Internet Service - 06/27-07/31 32.92 False 443286 7/13/2023 001-111-4230-00000 Internet Service - 06/27-07/31 5.85 False 443286 7/13/2023 001-350-4230-00000 Internet Service - 06/27-07/31 11.70 False 443286 7/13/2023 001-113-4230-00000 Internet Service - 06/27-07/31 15.85 False 443286 7/13/2023 001-471-4230-00000 Internet Service - 06/27-07/31 3.42 False 443286 7/13/2023 419-371-4230-00000 Internet Service - 06/27-07/31 18.29 False 443286 7/13/2023 413-120-4230-00000 Internet Service - 06/27-07/31 31.69 False 443286 7/13/2023 001-480-4230-00000 Internet Service - 06/27-07/31 3.41 False 443286 7/13/2023 413-353-4230-00000 Internet Service - 06/27-07/31 5.12 False 443286 7/13/2023 001-313-4230-00000 Internet Service - 06/27-07/31 4.39 False 443286 7/13/2023 412-100-4230-00000 Internet Service - 06/27-07/31 5.37 False 443286 7/13/2023 001-364-4230-00000 Internet Service - 06/27-07/31 5.36 False 443286 7/13/2023 001-114-4230-00000 Internet Service - 06/27-07/31 15.85 False 443286 7/13/2023 412-100-4230-00000 Internet Service - 07/01-07/31 178.93 False 443286 7/13/2023 001-240-4230-00000 Internet Service - 06/30-07/31 143.67 False 443287 7/13/2023 001-250-4410-00200 Legal for 200 A Street 719.00 False 443287 7/13/2023 001-250-4410-00179 Legal for 179 W Essex Street 57.00 False 443287 7/13/2023 001-250-4410-01430 Legal for 1430 Margie Street 3,349.00 False 443287 7/13/2023 001-250-4410-01430 Legal for 1430 Margie Street 1,420.00 False 443287 7/13/2023 001-250-4410-00200 Legal for 200 A Street 690.50 False 443288 7/13/2023 001-113-4430-00000 Ordinance #86 Ad 110.45 False 443288 7/13/2023 001-112-4430-00000 CDBG Grant imformational meeting 139.15 False 443288 7/13/2023 001-313-4430-00000 Planning permit meeting - Decossio, Schauerman 196.55 False 443289 7/13/2023 001-113-4450-00000 June 23 Board Chambers broadcasting service - 6/5 & 6/20 185.94 False 443290 7/13/2023 508-508-4390-00000 ignition cable 131.60 False 443291 7/13/2023 413-353-4320-04320 boot reimbursement 94.60 False 443292 7/13/2023 506-506-4225-00000 Reguse Disposal: May 23 507.00 False 443292 7/13/2023 001-470-4225-00000 Reguse Disposal: May 23 167.30 False 443292 7/13/2023 001-364-4225-10025 Reguse Disposal: May 23 408.50 False 443293 7/13/2023 001-113-4450-00000 June 23 Board Chambers rental - 6/5 & 6/20 130.00 False 443294 7/13/2023 412-100-4450-00000 Janitorial Services for RV Park Restrooms - 6/18-6/30/23 528.57 False 443294 7/13/2023 001-470-4450-00000 Janitorial Services for Public Restrooms - 6/18-6/30/23 1,074.29 False 443294 7/13/2023 001-470-4450-00000 Month of July park restroom cleaning: 7/1/23 85.71 False 443294 7/13/2023 412-100-4450-00000 Month of July RV restroom cleaning: 7/1/23 41.43 False 443295 7/13/2023 001-480-4430-00000 Task order 3 - marketing sevices FY22-23 1,733.00 False 443295 7/13/2023 001-112-4430-00000 Task order 3 - marketing sevices FY22-23 453.13 False 443295 7/13/2023 412-100-4430-00000 Task order 3 - marketing sevices FY22-23 453.12 False 443296 7/13/2023 001-470-4390-00000 twine 65.10 False
AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 3 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443296 7/13/2023 506-506-4390-00000 cotton rags 16.87 False 443297 7/13/2023 001-230-4390-00000 Cylinder rental 58.30 False 443298 7/13/2023 413-352-4409-00000 Sewer Regulatory Compliance 2,507.00 False 443298 7/13/2023 001-364-4409-00000 Stormwater Regulatory Compliance 109.00 False 443298 7/13/2023 419-371-4409-00000 Water Regulatory Compliance 763.00 False 443298 7/13/2023 001-364-4409-00000 Stormwater Regulatory Compliance 2,725.50 False 443299 7/13/2023 419-371-4230-00000 707-465-3386 Water Scada Phone - 7/1-7/13/23 48.83 False 443299 7/13/2023 419-371-4230-00000 707-465-3386 Water Scada Phone- 6/14-6/30/23 63.85 False 443299 7/13/2023 419-371-4230-00000 Water System Phone 464-2826 - 6/13-6/30/23 44.56 False 443299 7/13/2023 001-240-4230-00000 Radio to Sherriff - 6/13-6/30/23 17.33 False 443299 7/13/2023 419-371-4230-00000 Water System Phone 464-2826 - 7/1-7/12/23 44.56 False 443299 7/13/2023 001-240-4230-00000 Radio to Sherriff - 7/1-7/12/23 11.52 False 443299 7/13/2023 419-371-4230-00000 Water System Phone Bill 707-1006 - 6/13-6/30/23 13.88 False 443299 7/13/2023 419-371-4230-00000 Water System Phone Bill 707-1006 - 7/1-7/12/23 13.88 False 443299 7/13/2023 420-115-4230-00000 707-197-0009 monthly phone- 6/2-6/30/23 763.67 False 443299 7/13/2023 420-115-4230-00000 707-197-0009 monthly phone - 7/1/23 26.33 False 443299 7/13/2023 419-371-4230-00000 707-001-0001 SCADA telemetry link - 06/28-07/27 42.72 False 443299 7/13/2023 001-471-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 0.90 False 443299 7/13/2023 508-508-4230-00000 707-464-9565 monthly phone - 06/30-07/29 198.11 False 443299 7/13/2023 413-353-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.42 False 443299 7/13/2023 413-351-4230-00000 707 465-5275 Lab Phone Line - 06/30-07/29 176.33 False 443299 7/13/2023 412-100-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.48 False 443299 7/13/2023 001-470-4230-00000 City Hall Shared Phone-06/30-07/29 11.66 False 443299 7/13/2023 001-250-4230-00000 City Hall Shared Phone-06/30-07/29 13.79 False 443299 7/13/2023 413-353-4230-00000 City Hall Shared Phone-06/30-07/29 20.15 False 443299 7/13/2023 001-250-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 0.54 False 443299 7/13/2023 001-114-4230-00000 City Hall Shared Phone -06/30-07/29 62.57 False 443299 7/13/2023 419-371-4230-00000 City Hall Shared Phone-06/30-07/29 77.42 False 443299 7/13/2023 001-313-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.22 False 443299 7/13/2023 001-120-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 8.76 False 443299 7/13/2023 413-352-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 3.44 False 443299 7/13/2023 420-115-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 4.21 False 443299 7/13/2023 419-371-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 4.87 False 443299 7/13/2023 413-120-4230-00000 707-464-6517 monthly phone - - 06/30-07/29 32.44 False 443299 7/13/2023 419-120-4230-00000 707-465-6208 monthly phone - 06/30-07/29 44.26 False 443299 7/13/2023 419-130-4230-00000 City Hall Shared Phone-06/30-07/29 12.73 False 443299 7/13/2023 413-353-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.36 False 443299 7/13/2023 412-100-4230-00000 City Hall Shared Phone-06/30-07/29 12.73 False 443299 7/13/2023 001-251-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.88 False 443299 7/13/2023 001-113-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 4.38 False 443299 7/13/2023 413-352-4230-00000 WWTP phone - 06/30-07/29 311.57 False 443299 7/13/2023 413-111-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.23 False 443299 7/13/2023 001-130-4230-00000 City Hall Shared Phone -06/30-07/29 15.91 False 443299 7/13/2023 413-130-4230-00000 City Hall Shared Phone-06/30-07/29 12.72 False 443299 7/13/2023 001-112-4230-00000 City Hall Shared Phone -06/30-07/29 15.91 False 443299 7/13/2023 001-480-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 0.94 False 443299 7/13/2023 419-111-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.41 False 443299 7/13/2023 420-115-4230-00000 City Hall Shared Phone-06/30-07/29 123.02 False 443299 7/13/2023 419-120-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 7.91 False 443299 7/13/2023 419-120-4230-00000 City Hall Shared Phone-06/30-07/29 120.90 False 443299 7/13/2023 412-120-4230-00000 City Hall Shared Phone-06/30-07/29 19.09 False 443299 7/13/2023 001-120-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 9.10 False 443299 7/13/2023 001-480-4230-00000 City Hall Shared Phone-06/30-07/29 13.79 False 443299 7/13/2023 001-471-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 0.95 False 443299 7/13/2023 001-350-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 3.11 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 4 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443299 7/13/2023 001-350-4230-00000 City Hall Shared Phone-06/30-07/29 46.66 False 443299 7/13/2023 001-250-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 0.52 False 443299 7/13/2023 001-251-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.95 False 443299 7/13/2023 419-120-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 8.22 False 443299 7/13/2023 413-120-4230-00000 707-465-6208 monthly phone - 06/30-07/29 44.27 False 443299 7/13/2023 001-313-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.17 False 443299 7/13/2023 413-352-4230-00000 City Hall Shared Phone-06/30-07/29 9.54 False 443299 7/13/2023 413-111-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.29 False 443299 7/13/2023 001-470-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 0.91 False 443299 7/13/2023 001-471-4230-00000 City Hall Shared Phone-06/30-07/29 6.36 False 443299 7/13/2023 001-480-4230-00000 Pool Phone 465-5761 -06/30-07/29 158.31 False 443299 7/13/2023 413-352-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 3.57 False 443299 7/13/2023 001-471-4230-00000 707-465-3914 monthly phone - 06/30-07/29 93.35 False 443299 7/13/2023 001-364-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.48 False 443299 7/13/2023 419-111-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.37 False 443299 7/13/2023 001-364-4230-00000 City Hall Shared Phone-06/30-07/29 21.21 False 443299 7/13/2023 001-480-4230-00000 707-464-6940 monthly phone - 06/30-07/29 109.29 False 443299 7/13/2023 419-111-4230-00000 City Hall Shared Phone-06/30-07/29 20.15 False 443299 7/13/2023 419-120-4230-00000 707-464-6517 monthly phone - 06/30-07/29 32.43 False 443299 7/13/2023 413-120-4230-00000 City Hall Shared Phone-06/30-07/29 120.90 False 443299 7/13/2023 420-115-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 4.38 False 443299 7/13/2023 001-114-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 4.22 False 443299 7/13/2023 001-111-4230-00000 City Hall Shared Phone -06/30-07/29 21.21 False 443299 7/13/2023 001-111-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.55 False 443299 7/13/2023 413-111-4230-00000 City Hall Shared Phone-06/30-07/29 20.15 False 443299 7/13/2023 001-364-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.43 False 443299 7/13/2023 412-100-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 1.43 False 443299 7/13/2023 001-111-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 1.61 False 443299 7/13/2023 001-350-4230-00000 707-464-9506 monthly phone - 06/30-07/29 271.74 False 443299 7/13/2023 413-357-4230-00000 City Hall Shared Phone-06/30-07/29 36.06 False 443299 7/13/2023 001-113-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 4.22 False 443299 7/13/2023 413-120-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 8.44 False 443299 7/13/2023 001-240-4230-00000 707-464-2133 monthly phone - 06/30-07/29 286.94 False 443299 7/13/2023 001-470-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 0.95 False 443299 7/13/2023 001-350-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 3.24 False 443299 7/13/2023 001-480-4230-00000 707 465-1719 upstairs fax - 06/30-07/29 0.91 False 443299 7/13/2023 001-251-4230-00000 City Hall Shared Phone-06/30-07/29 15.91 False 443299 7/13/2023 001-120-4230-00000 City Hall Shared Phone -06/30-07/29 109.23 False 443299 7/13/2023 001-471-4230-00000 Cult Cntr Elev Alrm 707-464-4582 - 06/30-07/29 92.08 False 443299 7/13/2023 413-352-4230-00000 Treatment Plant Phone: 465-3054 - 06/30-07/29 219.34 False 443299 7/13/2023 001-114-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 4.38 False 443299 7/13/2023 419-371-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 5.05 False 443299 7/13/2023 413-120-4230-00000 707 465-4405 downstairs fax - 06/30-07/29 8.77 False 443299 7/13/2023 001-313-4230-00000 City Hall Shared Phone-06/30-07/29 30.75 False 443299 7/13/2023 001-113-4230-00000 City Hall Shared Phone -06/30-07/29 59.39 False 443300 7/13/2023 001-230-4391-00000 #5110 Fuel Filter 15.56 False 443301 7/13/2023 001-240-4391-00000 Decals for patrol vehicles 1,083.62 False 443301 7/13/2023 508-508-4390-00000 City Logo decals 513.00 False 443301 7/13/2023 001-240-4391-00000 Decals for patrol vehicles 693.62 False 443302 7/13/2023 508-508-4390-00000 nozzle 27.64 False
443303 7/13/2023 001-000-2230-00000 Refund key deposit for 6/29/23 event 75.00 False 443304 7/13/2023 001-113-4450-00000 May 23 shredding service - 04/26-05/23 128.92 False 443305 7/13/2023 412-100-4430-00000 June 23 120.00 False 443305 7/13/2023 001-480-4430-00000 June 23 120.00 False 443305 7/13/2023 001-112-4430-00000 June 23 120.00 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 5 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443306 7/13/2023 419-120-4530-00000 L Leaver travel 6/25/23 - 6/27/23 - auditor training - per diem 61.67 False 443306 7/13/2023 001-120-4530-00000 L Leaver travel 6/25/23 - 6/27/23 - auditor training - per diem 61.67 False 443306 7/13/2023 413-120-4530-00000 L Leaver travel 6/25/23 - 6/27/23 - auditor training - per diem 61.66 False 443307 7/13/2023 508-508-4390-00000 tire repair 20.00 False 443308 7/13/2023 001-240-4409-00000 Annual subscription for policy manual & daily training-FY 24 7,233.71 False 443309 7/13/2023 001-240-4409-00000 May 23 services Inv # 1455780-20230531 - 05/01-05/31 200.00 False 443310 7/13/2023 419-000-3741-00000 Overpayment of connection for 324 Winding Creek Circle 675.00 False 443311 7/13/2023 508-508-4390-00000 propane 28.34 False 443312 7/13/2023 001-480-4390-2020S Signs for pool slide 398.36 False 443313 7/13/2023 001-113-4370-00000 City Hall Mats 1.25 False 443313 7/13/2023 001-480-4450-00000 Pool mats 32.90 False 443313 7/13/2023 419-371-4370-00000 City Hall Mats 1.64 False 443313 7/13/2023 419-111-4370-00000 City Hall Mats 0.42 False 443313 7/13/2023 001-130-4370-00000 City Hall Mats 0.33 False 443313 7/13/2023 413-352-4370-00000 City Hall Mats 0.21 False 443313 7/13/2023 419-130-4370-00000 City Hall Mats 0.27 False 443313 7/13/2023 001-251-4370-00000 City Hall Mats 0.33 False 443313 7/13/2023 419-120-4370-00000 City Hall Mats 2.56 False 443313 7/13/2023 001-111-4370-00000 City Hall Mats 0.45 False 443313 7/13/2023 001-364-4370-00000 City Hall Mats 0.44 False 443313 7/13/2023 413-357-4370-00000 City Hall Mats 0.76 False 443313 7/13/2023 001-350-4370-00000 City Hall Mats 0.99 False 443313 7/13/2023 001-114-4370-00000 City Hall Mats 1.32 False 443313 7/13/2023 413-120-4370-00000 City Hall Mats 2.56 False 443313 7/13/2023 413-130-4370-00000 City Hall Mats 0.27 False 443313 7/13/2023 420-115-4370-00000 City Hall Mats 2.60 False 443313 7/13/2023 001-120-4370-00000 City Hall Mats 2.31 False 443313 7/13/2023 412-100-4370-00000 City Hall Mats 0.41 False 443313 7/13/2023 001-470-4370-00000 City Hall Mats 0.25 False 443313 7/13/2023 001-250-4370-00000 City Hall Mats 0.29 False 443313 7/13/2023 001-313-4370-00000 City Hall Mats 0.65 False 443313 7/13/2023 413-353-4370-00000 City Hall Mats 0.43 False 443313 7/13/2023 001-471-4370-00000 City Hall Mats 0.14 False 443313 7/13/2023 413-111-4370-00000 City Hall Mats 0.43 False 443313 7/13/2023 001-480-4370-00000 City Hall Mats 0.29 False 443313 7/13/2023 001-112-4370-00000 City Hall Mats 0.33 False 443313 7/13/2023 412-120-4370-00000 City Hall Mats 0.27 False 443313 7/13/2023 419-120-4370-00000 City Hall Mats 2.56 False 443313 7/13/2023 001-364-4370-00000 City Hall Mats 0.44 False 443313 7/13/2023 001-471-4370-00000 City Hall Mats 0.14 False 443313 7/13/2023 001-120-4370-00000 City Hall Mats 2.31 False 443313 7/13/2023 412-120-4370-00000 City Hall Mats 0.27 False 443313 7/13/2023 001-113-4370-00000 City Hall Mats 1.25 False 443313 7/13/2023 001-251-4370-00000 City Hall Mats 0.33 False 443313 7/13/2023 420-115-4370-00000 City Hall Mats 2.60 False 443313 7/13/2023 419-111-4370-00000 City Hall Mats 0.42 False 443313 7/13/2023 001-112-4370-00000 City Hall Mats 0.33 False 443313 7/13/2023 413-352-4370-00000 City Hall Mats 0.21 False 443313 7/13/2023 412-100-4370-00000 City Hall Mats 0.41 False 443313 7/13/2023 419-130-4370-00000 City Hall Mats 0.27 False 443313 7/13/2023 419-371-4370-00000 City Hall Mats 1.64 False 443313 7/13/2023 001-470-4370-00000 City Hall Mats 0.25 False 443313 7/13/2023 001-130-4370-00000 City Hall Mats 0.33 False 443313 7/13/2023 001-313-4370-00000 City Hall Mats 0.65 False 443313 7/13/2023 413-130-4370-00000 City Hall Mats 0.27 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 6 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443313 7/13/2023 001-480-4370-00000 City Hall Mats 0.29 False 443313 7/13/2023 001-111-4370-00000 City Hall Mats 0.45 False 443313 7/13/2023 001-250-4370-00000 City Hall Mats 0.29 False 443313 7/13/2023 001-114-4370-00000 City Hall Mats 1.32 False 443313 7/13/2023 413-111-4370-00000 City Hall Mats 0.43 False 443313 7/13/2023 413-353-4370-00000 City Hall Mats 0.43 False 443313 7/13/2023 001-350-4370-00000 City Hall Mats 0.99 False 443313 7/13/2023 413-357-4370-00000 City Hall Mats 0.76 False 443313 7/13/2023 413-120-4370-00000 City Hall Mats 2.56 False 443313 7/13/2023 001-480-4450-00000 Pool mats 32.90 False 443313 7/13/2023 001-480-4450-00000 Pool mats 32.90 False 443314 7/13/2023 001-480-4370-00000 Janitorial supply reimbursement 27.25 False 443315 7/13/2023 001-364-4390-10025 Cold Mix 350.00 False 443315 7/13/2023 413-353-4390-00000 Cold Mix 350.00 False 443315 7/13/2023 419-371-4390-00000 Cold Mix 350.00 False 443316 7/13/2023 913-352-4799-35232 2 Sodium hypochlorite tanks 6000 gal each; 2 sodium bisulfite ta 29,143.28 False 443317 7/13/2023 508-508-4390-00000 gloves 65.71 False
443317 7/13/2023 001-364-4390-10025 gloves 65.73 False
443317 7/13/2023 419-371-4390-00000 gloves 65.71 False
443317 7/13/2023 413-353-4390-00000 gloves 65.71 False
443318 7/13/2023 413-351-4685-00000 Annual proficiency testing for ELAP certification 233.00 False 443320 7/13/2023 001-230-4391-00000 #5110 Sealed Beam 12.32 False 443320 7/13/2023 001-230-4390-00000 Wash/Wax Supplies 180.64 False 443321 7/13/2023 001-471-4450-00000 Jul 23 Maintence service 07/01-07/31 348.94 False 443322 7/13/2023 001-470-4370-00000 Janitorial Supplies- City-Wide 439.53 False 443322 7/13/2023 001-240-4370-00000 Janitorial Supplies- City-Wide 19.78 False 443322 7/13/2023 413-352-4370-00000 Janitorial Supplies- City-Wide 4.22 False 443322 7/13/2023 420-115-4370-00000 Janitorial Supplies- City-Wide 0.42 False 443322 7/13/2023 506-506-4370-00000 Janitorial Supplies- City-Wide 19.77 False 443322 7/13/2023 001-111-4370-00000 Janitorial Supplies- City-Wide 1.98 False 443322 7/13/2023 420-115-4370-00000 Janitorial Supplies- City-Wide 1.98 False 443322 7/13/2023 001-350-4370-00000 Janitorial Supplies- City-Wide 111.34 False 443322 7/13/2023 508-508-4370-00000 Janitorial Supplies- City-Wide 48.84 False 443322 7/13/2023 508-508-4370-00000 Janitorial Supplies- City-Wide 24.72 False 443322 7/13/2023 413-352-4370-00000 Janitorial Supplies- City-Wide 19.78 False 443322 7/13/2023 001-251-4370-00000 Janitorial Supplies- City-Wide 1.95 False 443322 7/13/2023 001-470-4370-00000 Janitorial Supplies- City-Wide 47.40 False 443322 7/13/2023 001-120-4370-00000 Janitorial Supplies- City-Wide 15.63 False 443322 7/13/2023 001-114-4370-00000 Janitorial Supplies- City-Wide 0.42 False 443322 7/13/2023 001-113-4370-00000 Janitorial Supplies- City-Wide 0.42 False 443322 7/13/2023 001-350-4370-00000 Janitorial Supplies- City-Wide 12.01 False 443322 7/13/2023 419-120-4370-00000 Janitorial Supplies- City-Wide 1.97 False 443322 7/13/2023 506-506-4370-00000 Janitorial Supplies- City-Wide 4.21 False 443322 7/13/2023 001-251-4370-00000 Janitorial Supplies- City-Wide 0.21 False 443322 7/13/2023 001-313-4370-00000 Janitorial Supplies- City-Wide 1.98 False 443322 7/13/2023 001-120-4370-00000 Janitorial Supplies- City-Wide 1.69 False 443322 7/13/2023 001-113-4370-00000 Janitorial Supplies- City-Wide 3.90 False 443322 7/13/2023 001-471-4370-00000 Janitorial Supplies- City-Wide 19.78 False 443322 7/13/2023 001-471-4370-00000 Janitorial Supplies- City-Wide 4.22 False 443322 7/13/2023 420-115-4370-00000 Janitorial Supplies- City-Wide 3.91 False 443322 7/13/2023 001-114-4370-00000 Janitorial Supplies- City-Wide 3.91 False 443322 7/13/2023 412-100-4370-00000 Janitorial Supplies- City-Wide 39.07 False 443322 7/13/2023 001-470-4370-00000 Janitorial Supplies- City-Wide 222.47 False 443322 7/13/2023 001-480-4370-00000 Janitorial Supplies- City-Wide 10.53 False 443322 7/13/2023 001-114-4370-00000 Janitorial Supplies- City-Wide 1.98 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 7 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443322 7/13/2023 412-100-4370-00000 Janitorial Supplies- City-Wide 19.77 False 443322 7/13/2023 001-350-4370-00000 Janitorial Supplies- City-Wide 56.35 False 443322 7/13/2023 001-111-4370-00000 Janitorial Supplies- City-Wide 0.42 False 443322 7/13/2023 001-313-4370-00000 Janitorial Supplies- City-Wide 0.42 False 443322 7/13/2023 001-251-4370-00000 Janitorial Supplies- City-Wide 0.99 False 443322 7/13/2023 506-506-4370-00000 Janitorial Supplies- City-Wide 39.07 False 443322 7/13/2023 413-352-4370-00000 Janitorial Supplies- City-Wide 39.07 False 443322 7/13/2023 001-111-4370-00000 Janitorial Supplies- City-Wide 3.91 False 443322 7/13/2023 001-480-4370-00000 Janitorial Supplies- City-Wide 97.67 False 443322 7/13/2023 419-120-4370-00000 Janitorial Supplies- City-Wide 0.42 False 443322 7/13/2023 001-480-4370-00000 Janitorial Supplies- City-Wide 49.44 False 443322 7/13/2023 001-313-4370-00000 Janitorial Supplies- City-Wide 3.91 False 443322 7/13/2023 413-120-4370-00000 Janitorial Supplies- City-Wide 3.90 False 443322 7/13/2023 001-240-4370-00000 Janitorial Supplies- City-Wide 39.07 False 443322 7/13/2023 001-471-4370-00000 Janitorial Supplies- City-Wide 39.06 False 443322 7/13/2023 413-120-4370-00000 Janitorial Supplies- City-Wide 0.42 False 443322 7/13/2023 508-508-4370-00000 Janitorial Supplies- City-Wide 5.27 False 443322 7/13/2023 413-120-4370-00000 Janitorial Supplies- City-Wide 1.97 False 443322 7/13/2023 001-120-4370-00000 Janitorial Supplies- City-Wide 7.91 False 443322 7/13/2023 412-100-4370-00000 Janitorial Supplies- City-Wide 4.22 False 443322 7/13/2023 419-120-4370-00000 Janitorial Supplies- City-Wide 3.91 False 443322 7/13/2023 001-113-4370-00000 Janitorial Supplies- City-Wide 1.98 False 443322 7/13/2023 001-240-4370-00000 Janitorial Supplies- City-Wide 4.21 False 443323 7/13/2023 412-100-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-364-4210-10023 ITEM 54 Service: 76.37 False 443323 7/13/2023 001-350-4210-00000 ITEM 81 Service: 23.55 False 443323 7/13/2023 413-353-4210-35019 ITEM 2 Service: 45.61 False 443323 7/13/2023 413-120-4210-00000 ITEM 12 Service: 2.74 False 443323 7/13/2023 413-111-4210-00000 ITEM 12 Service: 0.46 False 443323 7/13/2023 419-130-4210-00000 ITEM 81 Service: 6.43 False 443323 7/13/2023 412-120-4210-00000 ITEM 81 Service: 6.42 False 443323 7/13/2023 001-364-4210-10023 ITEM 77 Service: 2,332.06 False 443323 7/13/2023 001-364-4210-10023 ITEM 117 Service: 39.28 False 443323 7/13/2023 001-364-4210-10023 ITEM 121 Service: 7.28 False 443323 7/13/2023 413-357-4210-00000 ITEM 12 Service: 0.82 False 443323 7/13/2023 001-350-4210-00000 ITEM 12 Service: 1.06 False 443323 7/13/2023 419-371-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-113-4210-00000 ITEM 12 Service: 1.35 False 443323 7/13/2023 001-471-4210-00000 ITEM 27 Service: 2,197.67 False 443323 7/13/2023 001-112-4210-00000 ITEM 85 Service: 283.31 False 443323 7/13/2023 001-130-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-470-4210-00000 ITEM 96 Service: 27.73 False 443323 7/13/2023 419-371-4210-00000 ITEM 56 Service: 408.09 False 443323 7/13/2023 001-113-4210-00000 ITEM 91 Service: 3.35 False 443323 7/13/2023 001-470-4210-00000 ITEM 21 Service: 15.66 False 443323 7/13/2023 001-114-4210-00000 ITEM 12 Service: 1.42 False 443323 7/13/2023 001-364-4210-10023 ITEM 115 Service: 71.04 False 443323 7/13/2023 001-470-4210-00000 ITEM 94 Service: 15.66 False 443323 7/13/2023 001-313-4210-00000 ITEM 12 Service: 0.70 False 443323 7/13/2023 419-371-4210-00000 ITEM 87 Service: 106.24 False 443323 7/13/2023 001-470-4210-00000 ITEM 91 Service: 0.66 False 443323 7/13/2023 001-364-4210-10023 ITEM 53 Service: 1,473.25 False 443323 7/13/2023 001-470-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-111-4210-00000 ITEM 81 Service: 10.70 False 443323 7/13/2023 001-470-4210-00000 ITEM 89 Service: 18.26 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 8 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443323 7/13/2023 001-470-4210-00000 ITEM 103 Service: 26.45 False 443323 7/13/2023 413-353-4210-00000 ITEM 109 Service: 15.66 False 443323 7/13/2023 413-353-4210-35019 ITEM 83 Service: 121.11 False 443323 7/13/2023 413-353-4210-35019 ITEM 112 Service: 54.50 False 443323 7/13/2023 001-364-4210-10023 ITEM 111 Service: 15.66 False 443323 7/13/2023 413-130-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 420-115-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 419-371-4210-00000 ITEM 61 Service: 10,683.40 False 443323 7/13/2023 001-251-4210-00000 ITEM 91 Service: 0.90 False 443323 7/13/2023 001-240-4210-00000 ITEM 99 Service: 18.82 False 443323 7/13/2023 001-470-4210-00000 ITEM 95 Service: 40.93 False 443323 7/13/2023 001-112-4210-00000 ITEM 81 Service: 8.03 False 443323 7/13/2023 419-371-4210-00000 ITEM 58 Service: 1,352.32 False 443323 7/13/2023 001-471-4210-00000 ITEM 91 Service: 0.35 False 443323 7/13/2023 419-120-4210-00000 ITEM 91 Service: 6.81 False 443323 7/13/2023 001-250-4210-00000 ITEM 81 Service: 6.96 False 443323 7/13/2023 412-100-4210-00000 ITEM 79 Service: 1,330.00 False 443323 7/13/2023 413-353-4210-35019 ITEM 64 Service: 38.05 False 443323 7/13/2023 001-470-4210-00000 ITEM 92 Service: 38.34 False 443323 7/13/2023 001-470-4210-00000 ITEM 97 Service: 52.66 False 443323 7/13/2023 001-240-4210-00000 ITEM 14 Service: 702.63 False 443323 7/13/2023 001-470-4210-00000 ITEM 98 Service: 42.98 False 443323 7/13/2023 001-470-4210-00000 ITEM 84 Service: 60.26 False 443323 7/13/2023 001-471-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 413-130-4210-00000 ITEM 81 Service: 6.43 False 443323 7/13/2023 001-111-4210-00000 ITEM 12 Service: 0.48 False 443323 7/13/2023 001-250-4210-00000 ITEM 91 Service: 0.78 False 443323 7/13/2023 001-130-4210-00000 ITEM 12 Service: 0.37 False 443323 7/13/2023 508-508-4210-00000 ITEM 108 Service: 426.24 False 443323 7/13/2023 001-480-4210-2020S ITEM 25 Service: 3,657.66 False 443323 7/13/2023 001-250-4210-00000 ITEM 12 Service: 0.31 False 443323 7/13/2023 419-371-4210-00000 ITEM 105 Service: 19.00 False 443323 7/13/2023 001-112-4210-00000 ITEM 91 Service: 0.90 False 443323 7/13/2023 001-313-4210-00000 ITEM 81 Service: 15.53 False 443323 7/13/2023 001-364-4210-10023 ITEM 116 Service: 93.54 False 443323 7/13/2023 001-471-4210-00000 ITEM 81 Service: 3.21 False 443323 7/13/2023 413-353-4210-35019 ITEM 118 Service: 164.61 False 443323 7/13/2023 412-100-4210-00000 ITEM 12 Service: 0.44 False 443323 7/13/2023 001-313-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-470-4210-00000 ITEM 29 Service: 24.21 False 443323 7/13/2023 001-480-4210-00000 ITEM 91 Service: 0.78 False 443323 7/13/2023 413-353-4210-00000 ITEM 12 Service: 0.46 False 443323 7/13/2023 420-115-4210-00000 ITEM 12 Service: 2.79 False 443323 7/13/2023 001-364-4210-10023 ITEM 120 Service: 146.27 False 443323 7/13/2023 001-130-4210-00000 ITEM 81 Service: 8.03 False 443323 7/13/2023 001-251-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-470-4210-00000 ITEM 17 Service: 55.88 False 443323 7/13/2023 419-130-4210-00000 ITEM 91 Service: 0.72 False 443323 7/13/2023 413-353-4210-35019 ITEM 86 Service: 44.17 False 443323 7/13/2023 413-111-4210-00000 ITEM 91 Service: 1.13 False 443323 7/13/2023 419-111-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-114-4210-00000 ITEM 81 Service: 31.59 False 443323 7/13/2023 413-352-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-480-4210-00000 ITEM 81 Service: 6.96 False 443323 7/13/2023 413-120-4210-00000 ITEM 91 Service: 6.80 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 9 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443323 7/13/2023 413-353-4210-35019 ITEM 78 Service: 63.49 False 443323 7/13/2023 508-508-4210-00000 ITEM 34 Service: 16.50 False 443323 7/13/2023 413-111-4210-00000 ITEM 81 Service: 10.18 False 443323 7/13/2023 419-371-4210-00000 ITEM 42 Service: 788.72 False 443323 7/13/2023 413-120-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 419-371-4210-00000 ITEM 81 Service: 39.09 False 443323 7/13/2023 001-120-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 413-352-4210-00000 ITEM 81 Service: 4.82 False 443323 7/13/2023 412-100-4210-00000 ITEM 81 Service: 9.64 False 443323 7/13/2023 001-470-4210-00000 ITEM 12 Service: 0.27 False 443323 7/13/2023 001-470-4210-00000 ITEM 106 Service: 23.84 False 443323 7/13/2023 001-480-4210-00000 ITEM 12 Service: 0.32 False 443323 7/13/2023 419-111-4210-00000 ITEM 12 Service: 0.46 False 443323 7/13/2023 412-120-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-112-4210-00000 ITEM 12 Service: 0.36 False 443323 7/13/2023 001-470-4210-00000 ITEM 93 Service: 148.38 False 443323 7/13/2023 412-100-4210-00000 ITEM 80 Service: 1,009.32 False 443323 7/13/2023 413-357-4210-00000 ITEM 91 Service: 2.03 False 443323 7/13/2023 419-371-4210-00000 ITEM 101 Service: 37.97 False 443323 7/13/2023 419-120-4210-00000 ITEM 12 Service: 2.74 False 443323 7/13/2023 001-120-4210-00000 ITEM 12 Service: 2.48 False 443323 7/13/2023 001-364-4210-10023 ITEM 52 Service: 14.84 False 443323 7/13/2023 001-251-4210-00000 ITEM 12 Service: 0.36 False 443323 7/13/2023 413-357-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 419-371-4210-00000 ITEM 119 Service: 19.93 False 443323 7/13/2023 413-357-4210-00000 ITEM 81 Service: 18.20 False 443323 7/13/2023 419-371-4210-00000 ITEM 43 Service: 1,265.96 False 443323 7/13/2023 413-351-4210-00000 ITEM 11 Service: 923.94 False 443323 7/13/2023 001-364-4210-10023 ITEM 113 Service: 63.63 False 443323 7/13/2023 412-100-4210-00000 ITEM 82 Service: 1,833.03 False 443323 7/13/2023 412-120-4210-00000 ITEM 91 Service: 0.72 False 443323 7/13/2023 419-130-4210-00000 ITEM 12 Service: 0.29 False 443323 7/13/2023 001-364-4210-00000 ITEM 81 Service: 10.71 False 443323 7/13/2023 419-120-4210-00000 ITEM 81 Service: 61.04 False 443323 7/13/2023 001-480-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-350-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 413-352-4210-00000 ITEM 12 Service: 0.21 False 443323 7/13/2023 419-371-4210-00000 ITEM 114 Service: 21.61 False 443323 7/13/2023 001-230-4210-00000 ITEM 75 Service: 586.53 False 443323 7/13/2023 001-111-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 419-371-4210-00000 ITEM 12 Service: 1.76 False 443323 7/13/2023 413-353-4210-00000 ITEM 91 Service: 1.14 False 443323 7/13/2023 508-508-4210-00000 ITEM 107 Service: 190.38 False 443323 7/13/2023 419-130-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-114-4210-00000 ITEM 91 Service: 3.52 False 443323 7/13/2023 419-371-4210-00000 ITEM 91 Service: 4.35 False 443323 7/13/2023 001-113-4210-00000 ITEM 81 Service: 29.98 False 443323 7/13/2023 001-114-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 419-371-4210-00000 ITEM 104 Service: 16.02 False 443323 7/13/2023 413-130-4210-00000 ITEM 91 Service: 0.71 False 443323 7/13/2023 001-111-4210-00000 ITEM 91 Service: 1.20 False 443323 7/13/2023 001-130-4210-00000 ITEM 91 Service: 0.89 False 443323 7/13/2023 412-120-4210-00000 ITEM 12 Service: 0.29 False 443323 7/13/2023 419-111-4210-00000 ITEM 81 Service: 10.17 False 443323 7/13/2023 413-353-4210-00000 ITEM 81 Service: 10.17 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 10 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443323 7/13/2023 001-313-4210-00000 ITEM 91 Service: 1.73 False 443323 7/13/2023 001-120-4210-00000 ITEM 91 Service: 6.15 False 443323 7/13/2023 419-371-4210-00000 ITEM 90 Service: 22.91 False 443323 7/13/2023 001-350-4210-00000 ITEM 91 Service: 2.63 False 443323 7/13/2023 001-364-4210-00000 ITEM 12 Service: 0.48 False 443323 7/13/2023 419-371-4210-00000 ITEM 49 Service: 1,196.67 False 443323 7/13/2023 001-364-4210-00000 ITEM 91 Service: 1.19 False 443323 7/13/2023 419-120-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 420-115-4210-00000 ITEM 91 Service: 6.92 False 443323 7/13/2023 001-250-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 413-111-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 508-508-4210-00000 ITEM 33 Service: 475.01 False 443323 7/13/2023 419-371-4210-00000 ITEM 100 Service: 17.33 False 443323 7/13/2023 413-120-4210-00000 ITEM 81 Service: 61.04 False 443323 7/13/2023 001-470-4210-00000 ITEM 110 Service: 15.66 False 443323 7/13/2023 001-470-4210-00000 ITEM 81 Service: 5.89 False 443323 7/13/2023 001-471-4210-00000 ITEM 12 Service: 0.14 False 443323 7/13/2023 419-371-4210-00000 ITEM 102 Service: 72.17 False 443323 7/13/2023 001-251-4210-00000 ITEM 81 Service: 8.04 False 443323 7/13/2023 413-130-4210-00000 ITEM 12 Service: 0.29 False 443323 7/13/2023 419-111-4210-00000 ITEM 91 Service: 1.13 False 443323 7/13/2023 001-120-4210-00000 ITEM 81 Service: 55.15 False 443323 7/13/2023 413-353-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 001-364-4210-10023 ITEM 88 Service: 333.87 False 443323 7/13/2023 001-364-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 412-100-4210-00000 ITEM 91 Service: 1.08 False 443323 7/13/2023 001-113-4210-00000 ITEM 85 Service: 0.00 False 443323 7/13/2023 420-115-4210-00000 ITEM 81 Service: 62.11 False 443323 7/13/2023 413-352-4210-00000 ITEM 91 Service: 0.54 False 443324 7/13/2023 508-508-4390-00000 hoses for shop 623.07 False 443325 7/13/2023 508-508-4390-00000 solenoid 539.92 False 443326 7/13/2023 001-240-4450-00000 Jul-Sep 23 commercial cellular alarm monitoring 92.97 False 443326 7/13/2023 001-230-4451-00000 Jul-Sep 23 commercial cellular alarm monitoring 143.97 False 443327 7/13/2023 001-480-4390-00000 relay 506.57 False
443327 7/13/2023 001-364-4350-10023 streetlight parts 184.24 False 443329 7/13/2023 412-100-4225-00000 Refuse disposal FY23 for Lighthouse Cove RV Park- Jun23 2,685.42 False 443329 7/13/2023 001-112-4392-00000 Temporary trash bins for Forest Moon Festival -Acct# A0200002972 524.94 False 443330 7/13/2023 001-240-4530-00000 7/23-7/26/23 SRO Training - Blue Lake - per diem 196.35 False 443331 7/13/2023 413-120-4415-00000 Online & IVR utility payment service-Jun 23 1,185.90 False 443331 7/13/2023 419-120-4415-00000 Online & IVR utility payment service-Jun 23 1,185.90 False 443331 7/13/2023 420-115-4409-00000 Springbrook Cloud Migration (RMAP funded) 15,750.00 False 443331 7/13/2023 419-120-4415-00000 Online & IVR utility payment service-May 23 1,155.40 False 443331 7/13/2023 413-120-4415-00000 Online & IVR utility payment service-May 23 1,155.40 False 443331 7/13/2023 420-115-4450-00000 Springbrook Annual Subscription FY 24 37,972.90 False 443332 7/13/2023 001-313-4409-00000 FY23 Planning Services 33,699.40 False 443333 7/13/2023 413-351-4685-00000 Annual proficiency testing for ELAP certification 95.05 False 443334 7/13/2023 001-250-4410-01430 Legal for 1430 Margie Street 106.68 False 443334 7/13/2023 001-250-4410-00200 Legal for 200 A Street 639.00 False 443335 7/13/2023 001-230-4390-00000 Helmet Decals 50.00 False 443335 7/13/2023 001-230-4390-00000 Helmet Decals 220.00 False 443336 7/13/2023 001-240-4310-00000 office supplies 36.57 False 443336 7/13/2023 001-112-4392-00000 office supplies 116.91 False 443337 7/13/2023 001-000-2230-00000 Refund rental deposit for 6/17-6/18/23 event 575.00 False 443338 7/13/2023 001-240-4390-2020S Shotgun for patrol car 943.79 False 443339 7/13/2023 001-364-4390-2020S Concrete for 2nd and K Street repair 962.34 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 11 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443339 7/13/2023 001-364-4390-2020S Concrete for 2nd and K Street repair 1,172.35 False 443340 7/13/2023 506-506-4450-00000 Corp Yard Mechanics Locker Room 2,546.49 False 443341 7/13/2023 001-240-4450-00000 Monthly Copier Service: 07/01-07/31 48.32 False 443342 7/13/2023 001-000-2230-00000 Refund key deposit for 6/13-6/15/23 event 75.00 False 443343 7/13/2023 001-112-4434-00000 COSTCO: Supplies for Kamome Festival 1,111.40 False 443343 7/13/2023 001-230-4393-00000 Helmets for Explorers 1,144.39 False 443343 7/13/2023 001-230-4390-2020S REDBACKBOOTS.COM: Work Boots for Career Captains 633.27 False 443343 7/13/2023 001-000-2122-00000 Helmets for Explorers- Sales Tax -87.22 False 443343 7/13/2023 413-120-4530-00000 L Leaver travel 6/25/23 - 6/27/23 - auditor training - flight, h 106.00 False 443343 7/13/2023 001-112-4392-00000 WALMART: Forest Moon Festival supplies 100.05 False 443343 7/13/2023 001-112-4434-00000 WRIGHTS CUSTOM FRAMING: Sister City Mural Photo framing 190.09 False 443343 7/13/2023 419-120-4530-00000 L Leaver travel 6/25/23 - 6/27/23 - auditor training - flight, h 106.00 False 443343 7/13/2023 001-120-4530-00000 L Leaver travel 6/25/23 - 6/27/23 - auditor training - flight, h 106.00 False 443343 7/13/2023 001-113-4450-00000 BEST SELF STORAGE: physical document storage 200.00 False 443343 7/13/2023 001-113-4450-00000 A&B STORAGE: Physical document storage unit FY22-23 235.00 False 443343 7/13/2023 001-112-4392-00000 WALMART:Forest Moon Festival supplies 225.16 False 443343 7/13/2023 001-480-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 443343 7/13/2023 001-350-4550-00000 APPLE: Icloud for PW Manager 0.99 False 443343 7/13/2023 001-112-4390-00000 DOLLAR TREE: Forest Moon Festival supplies 200.26 False 443343 7/13/2023 508-508-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 443343 7/13/2023 001-112-4392-00000 WALMART:Forest Moon Festival supplies 43.24 False 443343 7/13/2023 412-100-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 443343 7/13/2023 001-112-4392-00000 WALMART:Forest Moon Festival supplies RETURN -43.24 False 443343 7/13/2023 419-371-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 443343 7/13/2023 413-353-4450-00000 MONDAY.COM: online work order monthly service 71.45 False 443343 7/13/2023 001-120-4400-00000 late payment charge Jun23 13.48 False 443343 7/13/2023 001-112-4434-00000 PAYCARGOLLC: Sister City mural shipping 969.80 False 443343 7/13/2023 420-115-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 443343 7/13/2023 420-115-4240-00000 MAIL ROOM: IT dept postage 31.77 False 443343 7/13/2023 419-371-4390-00000 MESCO: seal 416.00 False 443343 7/13/2023 506-506-4390-00000 AMAZON: fire alarm testing tools 147.18 False 443343 7/13/2023 001-350-4450-00000 MONDAY.COM: online work order monthly service 71.40 False 443343 7/13/2023 001-112-4392-00000 WALMART:Forest Moon Festival supplies 233.43 False 443343 7/13/2023 413-356-4390-35022 MROSUPPLY: lamps 259.80 False 443343 7/13/2023 506-506-4390-00000 HOME DEPOT: HDMI for WWTP 35.70 False 443343 7/13/2023 001-112-4392-00000 SAFEWAY:Forest Moon Festival supplies 106.91 False 443343 7/13/2023 413-353-4390-00000 HARBOR FRIEGHT: impact driver 81.18 False 443343 7/13/2023 001-251-4530-00000 CALIFORNIA BUILDING: Welton training 90.00 False 443343 7/13/2023 001-113-4550-00000 IIMC: membership fees 185.00 False 443344 7/13/2023 001-000-1510-00000 Postage reset Meter#0000147273 2,000.00 False 443345 7/13/2023 419-371-4230-00000 Water SCADA Cellular - 05/24-06/23 296.67 False 443346 7/13/2023 001-000-2230-00000 Refund rental deposit for 6/24/23 event 575.00 False 443347 7/13/2023 001-480-4390-00000 sump pump 116.90 False 443347 7/13/2023 419-371-4390-00000 adapter/hammer bits/crack flex 109.93 False 443347 7/13/2023 419-371-4390-00000 carbide tipped bit set/pilot bit/hardware 199.40 False 443347 7/13/2023 001-470-4390-00000 paint 321.90 False
443347 7/13/2023 506-506-4390-00000 gong brush/pickup tool 116.82 False 443347 7/13/2023 419-371-4390-00000 screws/nuts/bolts 0.76 False 443347 7/13/2023 508-508-4390-00000 screws/nuts/bolts 5.59 False 443347 7/13/2023 001-480-4390-00000 flap disk 11.68 False 443347 7/13/2023 001-364-4390-10025 field striping 22.42 False 443347 7/13/2023 001-364-4390-10025 gorilla tape/striping/battery/wood stakes 155.54 False 443347 7/13/2023 508-508-4390-00000 screws/nuts/bolts 13.70 False 443347 7/13/2023 001-364-4390-10025 miracle grow 19.47 False 443347 7/13/2023 001-480-4390-00000 Hex head 25.32 False AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 12 of 13 Check Num Check Date Acct 1 Description Amount Selected For V 443347 7/13/2023 001-470-4390-POINTgold paint/paint brush set 22.87 False 443347 7/13/2023 508-508-4390-00000 screwsx/nuts/bolts for #5 17.74 False 443347 7/13/2023 413-353-4390-00000 garden sprayer/simple green 47.71 False 443347 7/13/2023 001-480-4390-00000 screws/nuts/bolts 1.18 False 443347 7/13/2023 419-371-4390-00000 spade bit 11.68 False 443347 7/13/2023 001-480-4390-00000 screws/nuts/botls 24.62 False 443347 7/13/2023 001-480-4390-00000 screws/nuts/bolts RETURN -13.16 False 443347 7/13/2023 001-480-4390-00000 screws/nuts/bolts 34.86 False 443347 7/13/2023 506-506-4390-00000 air compressor 185.10 False 443347 7/13/2023 001-480-4390-00000 paitbrush/pickup tool/shovel 76.33 False 443347 7/13/2023 419-371-4390-00000 dropcloth 38.96 False 443347 7/13/2023 001-480-4390-00000 paint/paint liner/paint brush 74.50 False 443347 7/13/2023 001-480-4390-00000 paint/paint mixer 61.02 False 443347 7/13/2023 001-364-4390-10025 twine 23.36 False
443348 7/13/2023 001-480-4390-2020S prizes for the Egg-venture 38.13 False 443349 7/13/2023 001-364-4390-10025 Delineators street signs 740.17 False 443349 7/13/2023 412-100-4390-00000 W13-15 464.69 False 1,396,620.05
AP - 7-1-23 to 7-14-23 Council (7/17/2023) Page 13 of 13 AP
7-1-23 to 7-14-23 Housing
User: crawlings
Printed: 7/17/2023 12:01:24 PM
Check Date Check Numbe Description Amount Selected For Void 7/13/2023 443275 return - Inv# 1TYQ-QJDP-R3QF -64.94 False 7/13/2023 443323 ITEM 85 Service: 0.00 False
7/13/2023 443313 City Hall Mats 0.22 False
7/13/2023 443313 City Hall Mats 0.22 False
7/13/2023 443323 ITEM 12 Service: 0.24 False
7/13/2023 443323 ITEM 91 Service: 0.60 False
7/13/2023 443299 707 465-1719 upstairs fax - 06/30-07/29 1.03 False 7/13/2023 443299 707 465-4405 downstairs fax - 06/30-07/29 1.08 False 7/13/2023 443286 Internet Service - 06/27-07/31 3.90 False 7/13/2023 443322 Janitorial Supplies- City-Wide 4.21 False 7/13/2023 443323 ITEM 81 Service: 5.36 False
7/13/2023 443299 City Hall Shared Phone-06/30-07/29 10.60 False 7/13/2023 443322 Janitorial Supplies- City-Wide 19.78 False 7/13/2023 443328 PPLN01001 postage 29.31 False
7/13/2023 443323 ITEM 23 Service: 31.65 False
7/13/2023 443322 Janitorial Supplies- City-Wide 39.07 False 7/13/2023 443299 707-464-2692 HA Fax Line - 06/30-07/29 96.50 False 7/13/2023 443319 Office Supplies 100.26 False
7/13/2023 443288 Request for proposals section 8 project vouchers 175.03 False 7/13/2023 443323 ITEM 66 Service: 228.55 False
7/13/2023 443326 Jul 23 to Jun 24 commercial fire alarm monitoring 336.00 False 7/13/2023 443326 Jul 23 to Jun 24 commercial cellular alarm monitoring 371.88 False 7/13/2023 443285 New printer/copier 12,368.49 False
13,759.04
AP - 7-1-23 to 7-14-23 Housing (7/17/2023) Page 1 of 1
Home Dept. Regular Pay Overtime Gross Pay Employees Notes City Council (110) 1,409.84 - 1,409.84 5
Administration (111) 15,224.68 294.49 15,519.17 4
Econ Dev / Grants (112) 6,732.18 1,069.87 7,802.05 2
Human Resources (114) 2,741.42 - 2,741.42 1
Finance (120) 14,615.05 228.60 14,843.65 6
City Attorney (130) 5,128.10 - 5,128.10 1
Fire (230) 16,642.51 164.00 16,806.51 5
Police (240) 44,033.07 10,463.20 54,496.27 16 4th of July events/Comp Payout Lo Planning (313) 1,528.14 - 1,528.14 1
Public Works (350) 51,146.98 4,061.04 55,208.02 23 4th of July events Recreation (450) 1,657.89 209.83 1,867.72 1
Swimming Pool (480) 14,298.85 183.27 14,482.12 18
Housing (490) 10,694.46 - 10,694.46 4
185,853.17 16,674.30 202,527.47 87
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
Payroll Ending 07/15/23
Pay Date 07/21/23
Check Numbers: 110797 - 110803 (plus direct deposits)

CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: JULY 24, 2023
SUBJECT: CODE ENFORCEMENT DEPARTMENT BUDGET AMENDMENT FOR

LEGAL SERVICES
______________________________________________________________________

RECOMMENDATION
• Approve and adopt Resolution No. 2023-52, 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 / ANALYSIS
Due to the legal processes entailed to obtain a court-appointed receiver to abate the blight and public nuisance at 200 A Street, the City incurred legal expenses exceeding the FY23 budget. These expenses will be recovered as part of the court receivership processes. It is anticipated that all legal fees and expenses will be recovered in the 23/24 fiscal year.

FISCAL ANALYSIS
A budget amendment in the amount of $5,250 is needed to cover additional FY23 legal expenses. It is anticipated that sufficient budget does exists in the current FY24 budget to complete the abatement. After the abatement is complete, the Receiver will sell the property and recover their expenses in abating the blight. The City will be next to recover expenses incurred, including all legal fees and costs of the receivership action.

ATTACHMENTS

1. Resolution No. 2023-52 (budget adjustment)
CITY OF CRESCENT CITY RESOLUTION NO. 2023-52 Page 1
RESOLUTION NO. 2023-52

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 20th day of June 2022; and WHEREAS, the City Council adopted said budget by way of Resolution No. 2022-44 and has the authority to amend said budget from time to time; and
WHEREAS, the City has had an ongoing code enforcement case at 200 A Street and incurred more legal expenses in Fiscal Year 2022-2023 than anticipated; and WHEREAS, a Receiver has been appointed by the Court to abate the blight and nuisance at the property; and
WHEREAS, after the sale of the property, if funds are available after reimbursement of abatement costs, the City will be reimbursed for its costs associated with the abatement; and WHEREAS, appropriation of additional funds necessitates City Council approval; and WHEREAS, fulfillment of necessity requires an amendment to the City’s Fiscal Year 2022-2023 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 Fund $0 $5,250
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 24th day of July 2023 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: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: JULY 24TH, 2023
SUBJECT: CCPD K9 PATROL VEHICLE PURCHASE
______________________________________________________________________

RECOMMENDATION
• Authorize City Manager to sign purchase order and purchase agreement for a new K9 patrol vehicle from Utilitac Equipment and Upfitting.

BACKGROUND
In April 2023 the Crescent City Measure S Committee voted to recommend adding a purchase of one patrol vehicle into the annual budget for the Crescent City Police Department. The approved budget for the vehicle purchase, and associated equipment install, was set at $80,000 annually. Through the budget process by the Crescent City Council the $80,000 amount was confirmed during the June 5th, 2023 City Council meeting.

Purchases over $60,000 require Council approval. At the June 5, 2023 Council meeting, the City Council authorized the City Manager to sign a letter of intent to purchase the K9 patrol vehicle at the quoted price of $75,714.80. Unfortunately, the quote was a few days past due and the new quoted price for the vehicle is now $77,357.32. The increase in price requires approval by the City Council.

ANALYSIS
Major shipping and supply issues caused by covid restrictions have made it extremely difficult to secure vehicle purchases for patrol purposes and sometimes requires extremely long lead times. Chief Griffin located a company, Utilitac Equipment and Upfitting, that has a 2023 Chevrolet Tahoe in stock and the associated equipment needed to outfit the vehicle as a new K9 patrol vehicle. The total cost of the vehicle to be purchased, upfitted, and delivered to the Crescent City Police Department is quoted at $77,357.32. CCPD is receiving a discount on the vehicle due to other vehicles being shipped to the Humboldt County area at the same time. Utilitac is now ready to purchase City Council Agenda Report
CCPD K9 PATROL VEHICLE
July 24, 2023
2 the vehicle and begin the custom build of a new K9 patrol vehicle for the Crescent City Police Department.
.

FINANCIAL IMPACT
Currently there is $80,000 budgeted in this Fiscal Year for the purchase of one new patrol vehicle and equipment to be installed. The financial impact of the purchase of the vehicle would be for the listed price of $77,357.32. This purchase is funded by Measure S.

STRATEGIC PLAN ANALYSIS
This action supports:

Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors”, Subsection C. “Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States.” Attachments

1. New Price Quote for K9 vehicle from Utilitac Equipment and Upfitting 1 The Most Qualified :     Office -  (844) 288-7348      |     Website - https://www.utilitac.com/      |      Monday - Friday 8:00-4:00 Invoice Date : 07/09/2023
Terms : Net 30
Due Date : 08/08/2023
P.O.# : SO-00232
Account Manager : Joseph Manno
Vehicle Number : 76
6584 Ridgway Saint Marys Rd
Ridgway, Pennsylvania 15853
Invoice
# INV-1350
Balance Due
$77,357.32
Bill To
Crescent City Police Department
686 G Street
Crescent City, California 95531
Ship To
686 G Street
Crescent City, California 95531
# Item & Description Qty List Price Your Cost
1 VEHICLE=================================== 1 0.00 0.00 2 2023 Tahoe PPV
SKU : KLTAH23PPV
Color - Black
Engine - 5.3L
Options:

RED & WHITE FRONT AUXILIARY 170.00

DOME LAMP
WIRING, GRILLE LAMPS/SPEAKERS 92.00
REMOTE KEYLESS ENTRY FLT PKG 75.00
REAR DOOR LOCK INOPERATIVE 62.00
REAR WINDOW SWITCH INOPERATIVE 57.00
WIRING, HORN/SIRENS CIRCUIT 55.00
AUTO DOOR LOCK DISABLE 50.00
1 51,606.00 48,606.00
3 CONSOLE================================== 1 0.00 0.00 4 VSX Console Package for Tahoe
SKU : PKG-VSX-1800-TAH-PM
Package includes:
- C-VSX-1800-TAH-PM front bin console
- CUP2-1004 fixed mount cup holder
- CMX15600-08 8-Position fuse block
1 pcs
1,109.00 887.20
2 The Most Qualified :     Office -  (844) 288-7348      |     Website - https://www.utilitac.com/      |      Monday - Friday 8:00-4:00 # Item & Description Qty List Price Your Cost
5 Accessory Pocket Armrest
SKU : C-ARM-1001
Lockable storage pocket accommodates common
handguns such as the Glock 17
1 pcs
318.00 254.40
6 Magnetic Mic
SKU : MMSU-1
Enhances safety by reducing distracted
driving.
2 39.95 63.92
7 12" Map Light
SKU : C-MAP-S
Clear and Red Lenses
Included
1 64.30 51.44
8 PARTITION================================= 1 0.00 0.00 9 E/Z Rider Prisoner/K9 Unit
SKU : AAEZPK9
1/3 Prisoner - Passenger Side
2/3 K9 - Driver Side
+ ADD - Rubber Mat ($300)
+ ADD - Water Dish ($190)
1 pcs
5,290.00 4,232.00
10 CoolGuard System
SKU : M9000
CoolGuard Pro M910
+ ADD - Rescue Door Pop ($580)
+ ADD - Fan Kit ($310)
1 pcs
3,160.00 2,528.00
11 Partition Mount Gun Rack - Dual Weapon
SKU : GVPMD-H
Handcuff Key Override
1 pcs
666.00 532.80
12 BUMPER=================================== 1 0.00 0.00 13 GM Tahoe Push Bumper Elite
SKU : 36-4045
Heavy duty 4 gauge steel
uprights
1 1,011.15 859.48
14 33.1" Light Channel - (2) SoundOff
SKU : 36-6015S4
nForce Surface Mount Lights
1 pcs

67.41 57.30
3 The Most Qualified :     Office -  (844) 288-7348      |     Website - https://www.utilitac.com/      |      Monday - Friday 8:00-4:00 # Item & Description Qty List Price Your Cost
15 CONTROLLER=============================== 1 0.00 0.00 16 BluePRINT Controller - Knob Control
SKU : ENGSAS5200RSR
200 Watt
1 pcs
1,896.00 758.40
17 BluePRINT Link Module and Harness - Tahoe
SKU : ENGLMK001
1 708.00 283.20
18 100J Series Siren Speaker
SKU : ETSS100J
- 100 Watt
2 389.00 389.00
19 Tahoe 100J Speaker Bracket
SKU : ETSSVBK07
Holds 1 or 2 Speakers
1 65.00 32.50
20 LIGHTING================================== 1 0.00 0.00 21 nFORCE nxt 54" Dual Color Lightbar
SKU : ENNLB BOB 54" Dual
Front - Red/Blue with White Override
Rear - Red/Blue with Amber Override
1 4,939.00 2,469.50
22 nFORCE Rear Deck Lightbar - Dual Color
SKU : ENFWBRF (12 LED)
8 Module
Drivers Side - Red/Amber
Passenger Side - Blue/Amber
1 2,108.00 1,054.00
23 Intersector SM - Red/Blue/White
SKU : ENT3B3RBW
2 pcs
372.00 372.00
24 Intersector SM Bracket - Tahoe - Driver
SKU : PMP2BKUMB5-D
1 pcs

52.00 52.00
25 Intersector SM Bracket - Tahoe - Passenger
SKU : PMP2BKUMB5-P
1 pcs

52.00 26.00
4 The Most Qualified :     Office -  (844) 288-7348      |     Website - https://www.utilitac.com/      |      Monday - Friday 8:00-4:00 Sub Total 73,492.88
California State Sales Tax (8.25%) 6,063.16
Multi-Vehicle Discount (-) 2,198.72
Total $77,357.32
# Item & Description Qty List Price Your Cost
26 4" mPower HD 3-Wire - Stud Mount - Red/Blue
/White
SKU : EMPSF0ZVD-8
(2) Mounted in the bumper light channel
2 pcs
272.00 272.00
27 4" mPower 3-Wire - Stud Mount - Red/Blue
/White
SKU : EMPS8007Z-8
(2) Mounted on the bottom of the hatch
(2) Mounted next to the license plate
(2) Mounted on the side of the front bumper
(2) Mounted in the cargo windows
8 pcs
272.00 1,088.00
28 mPower Window Shroud
SKU : PMP2WSSSB
2 pcs

25.00 25.00
29 OTHER==================================== 1 0.00 0.00 30 Laird NMO Mount
SKU : UTNMO
Pre Wire For Radio: Wire, Mount, and install only
- Antenna is frequency specific
1 pcs
100.00 90.00
31 Labor - Install
SKU : UTINSTALL
- Custom Built Wire Harness
- Rugged Braided Loom
- Color Coded
- Labeled Termination
- Lifetime Warranty
44 112.18 3,948.74
32 Shop Supplies Allowance
SKU : UTSSA
Wire, Terminals, Fuses, Heat Shrink,
Etc.
1 400.00 360.00
33 Freight Shipping
SKU : UTFS
Utilitac to Crescent
City
42 100.00 4,200.00
5 The Most Qualified :     Office -  (844) 288-7348      |     Website - https://www.utilitac.com/      |      Monday - Friday 8:00-4:00 Balance Due $77,357.32
Notes
Thank you for the payment. We wouldn't be here without you.

Payment Options
Terms & Conditions
Per Pennsylvania’s Prompt Payment Act, PA., 62 Pa. Con. Stat. §§3931-3935, past due invoices will accrue interest of 1% monthly, court costs, and legal fees at the responsibility of the customer. A 3% processing fee applies to card transactions. 6 The Most Qualified :     Office -  (844) 288-7348      |     Website - https://www.utilitac.com/      |      Monday - Friday 8:00-4:00 From
Crescent City Police Department
Richard Griffin Payment Stub
# :

INV-1350
Invoice Date : 07/09/2023
Balance Due : $77,357.32
Amount
Enclosed

UTILITAC
6584 RIDGWAY SAINT MARYS RD
RIDGWAY, PENNSYLVANIA 15853

CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY

LINDA LEAVER, FINANCE DIRECTOR

SUNNY VALERO, HUMAN RESOURCES MANAGER
DATE: JULY 24, 2023
SUBJECT: 2023-2025 MOU WITH CRESCENT CITY EMPLOYEES ASSOCIATION AND

SIDE LETTER AGREEMENT REGARDING COMPENSATION STUDY
____________________________________________________________________________

RECOMMENDATION
• Approve and Adopt Resolution No. 2023-53, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CRESCENT CITY APPROVING A MEMORANDUM OF

UNDERSTANDING AND SIDE LETTER AGREEMENT BETWEEN THE CITY OF

CRESCENT CITY AND THE CRESCENT CITY EMPLOYEES FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025.
• Approve and Adopt Resolution No. 2023-54, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CRESCENT CITY UPDATING THE POSITION CONTROL FOR FY 23/24.

BACKGROUND
The current Memorandum of Understanding between the City and the CCEA expired June 30, 2023. The City’s negotiating team made up of City Manager Eric Wier, City Attorney Martha Rice, Finance Director Linda Leaver, and HR Manager Sunny Valero has met with CCEA representatives on several occasions and exchanged information, proposals, and counterproposals. The parties have reached a tentative agreement.

ANALYSIS
The proposed Memorandum of Understanding that has been tentatively agreed to with the CCEA contains the following notable provisions:

1. COLA. All CCEA members will receive a 4.0% COLA effective the pay period scheduled to be paid on August 4, 2023 and a COLA equal to CPI-U (LA) March 2024 over March 2023 (not less than 1% nor more than 4%) effective the first full pay period in July 2024.

2. LONGEVITY. CCEA members currently receive longevity pay of 5% at 10 years, and

5.0% at 20 years. This MOU breaks up the 5% at 10 years into 2.5% at 5 years and

2.5% at 10 years. It also breaks up the 5% at 20 years into 2.5% at 15 years and 2.5% at 20 years. Thus, employees will receive 2.5% at 5, 10, 15 and 20 years of service.

JULY 24, 2023

CCEA MOU
2 3. REST PERIOD. CCEA members that work 4 or more consecutive hours following the end of their regular shift will receive a mandatory 8-hour rest period. If that rest period extends into the start of their next shift, then the employee will receive paid administrative leave for those hours. Employees are required to report to duty after the 8-hour rest period.

4. WATER CERTIFICATE PAY. Electrical Mechanical Operations Technicians (EMOT) were added to the water distribution certificate special pay for having a higher level certificate than is required by their job. The special pay is $0.50/hr (unchanged).

5. CDL PAY. Sr. EMOT was added to eligibility list for commercial driver’s license pay. The special pay is $60.00 biweekly (unchanged).

6. ON-CALL SERVICE TRUCK. Employees that are on-call with the callout phone will be allowed to take home a service truck to respond to calls, with the understanding that City vehicles may not be used for personal use.

7. CONFINED SPACE RESCUE STANDBY PAY. Employees that are assigned to the confined space rescue team will be allotted the standard 2-hour callout pay when they respond to call and serve on standby during a confined space entry outside of scheduled work hours.

In addition, the labor negotiator and the CCEA representatives have come to an agreement regarding the City’s consideration of a city-wide compensation study as part of the FY 24/25 budget. By way of the Side Letter Agreement, the City expresses it commitment to adequately research, prepare for, and include a compensation study for discussion as part of the FY 24/25 budget workshop.

The City’s bargaining team recommends that the City Council adopt the resolution approving the 2023-2025 CCEA MOU and Side Letter Agreement regarding the compensation study. In addition, there is a resolution to adjust the position control to reflect the base salary adjustments.

FISCAL ANALYSIS
Based upon full staffing of the approved positions, the City estimates that the cost to the City in FY 23-24 will be $63,565 more than the FY 22-23 budget. The adopted FY 23-24 budget included an estimate for these negotiations which staff believes is sufficient. Actual costs will depend on whether all positions are filled and at what step, benefits used, and what special compensations are earned.

The additional cost in FY 24-25 for the Cost of Living Adjustment, will be between $14,289 (1%) and $57,155 (4%).

STRATEGIC PLAN
This action supports the following Strategic Plan goals:

GOALS 3: Obtain the highest levels of organizational excellence; C. Maximize performance and value in all City Council, staff, volunteer and committee positions; and E. Recruit and retain highly qualified employees.

JULY 24, 2023

CCEA MOU
3 ATTACHMENTS
(a) Resolution No. 2023-53 (CCEA MOU and Side Letter)
(b) Resolution No. 2023-54 (position control)
CITY OF CRESCENT CITY RESOLUTION NO. 2023-53 Page 1
RESOLUTION NO. 2023-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY

APPROVING A MEMORANDUM OF UNDERSTANDING AND SIDE LETTER AGREEMENT

BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT CITY EMPLOYEES ASSOCIATION FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025 WHEREAS, California Government Code Section 36506 requires that the City Council fix, by resolution or ordinance, the compensation of all appointive officers and employees; and
WHEREAS, pursuant to the City Council’s direction, the City’s bargaining team has negotiated in compliance with the Meyers-Milias-Brown Act and all other applicable requirements to reach agreement with the Crescent City Employees Association (“CCEA”) upon a new Memorandum of Understanding (“MOU”) that meets the needs of both parties and covers the period July 1, 2023 through June 30, 2025; and WHEREAS, a majority of the bargaining unit members of the CCEA have voted in favor of the MOU and Side Letter Agreement; and
WHEREAS, the MOU and Side Letter Agreement have 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, California that the Memorandum of Understanding Between the City of Crescent City and the Crescent City Employees Association for the period July 1, 2023 through June 30, 2025 dated July 21, 2023 and attached hereto as Exhibit A is hereby ratified and approved.

BE IT FURTHER RESOLVED that the Side Letter Agreement regarding confidential employees dated July 21, 2023 and attached hereto as Exhibit B 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 24th day of July 2023, by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Isaiah Wright, Mayor
ATTEST:
__________________________
Robin Altman, City Clerk

CITY OF CRESCENT CITY RESOLUTION NO. 2023-54 Page 1
RESOLUTION NO. 2023-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY UPDATING THE POSITION CONTROL FOR FISCAL YEAR 2023-24
WHEREAS, the City Council has adopted the Position Control listing authorized classifications and annual wage ranges for City employees and has the authority to update the Position Control when necessary; and
WHEREAS, the City has agreed to certain cost of living adjustments for FY 2023-24 involving the Crescent City Employees Association with the approval of a Memorandum of Understanding with CCEA covering the period July 1, 2023 through June 30, 2025, which requires an update to the authorized position control document.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY, CALIFORNIA AS FOLLOWS:

1. That the Position Control attached is hereby approved.

PASSED AND ADOPTED and made effective the same day by the City Council of the City of Crescent City on this 24th day of July 2023, by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Isaiah Wright, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
City of Crescent City
Position Control
Authorized Positions & Pay Ranges FY23-24
Approved 07.24.23
Pay range updates effective pay period with August 4, 2023 pay date Position Title Bargaining Unit Min Annual Max Annual Min Annual Max Annual Current Auth
FTE Change
Proposed
FTE Notes
Administration
City Manager Contract 111,947 143,044 111,947 143,044 1.00 1.00 City Attorney Contract 106,350 133,330 106,350 133,330 1.00 1.00 City Clerk / Administrative Analyst CCMEA 66,219 80,501 66,219 80,501 1.00 1.00 HR Manager CCMEA 57,195 69,539 57,195 69,539 1.00 1.00
Information Systems Administrator CCMEA 75,570 91,851 75,570 91,851 1.20 1.20 IT / GIS Technician CCMEA 49,419 60,069 49,419 60,069 1.00 1.00 Finance
Director of Finance Contract 98,497 123,484 98,497 123,484 1.00 1.00 Finance Analysts 2.00 2.00
Finance Analyst 2 CCMEA 63,077 76,669 63,077 76,669
Finance Analyst 1 CCMEA 57,195 69,539 57,195 69,539
Finance Technician 1.50 1.50
Finance Technician CCMEA 51,892 63,077 51,892 63,077
Finance Technician Extra Help (Retired Annuitant) Unrepresented 51,892 63,077 51,892 63,077 Account Clerks 2.00 2.00
Account Clerk 2 CECC 40,664 49,421 40,664 49,421
Account Clerk 1 CECC 36,878 44,824 36,878 44,824
Fire
Fire Chief Contract 98,497 123,484 98,497 123,484 1.00 1.00 Career Fire Captain *** Unrepresented 68,256 82,965 68,256 82,965 3.00 3.00 Fire Dept Admin Specialist CECC 47,050 57,200 47,050 57,200 1.00 1.00 Police
Chief of Police Contract 98,497 123,484 98,497 123,484 1.00 1.00 Lieutenant CCPOA 92,332 106,547 92,332 106,547 - -
Sergeant CCPOA 73,840 91,624 73,840 91,624 4.00 4.00
Police Officers and Recruits 10.00 10.00
Police Officer CCPOA 54,496 72,800 54,496 72,800
Police Officer - Limited Term CCPOA 54,496 72,800 54,496 72,800 Police Recruit CCPOA 40,144 40,144 40,144 40,144
Exec Assistant, Records Specialist 1.50 1.50
Executive Assistant to the Chief CECC 47,050 57,200 47,050 57,200 Records Specialist CECC 44,824 54,475 44,824 54,475
Planning, Building & Code Enforcement
Planning Technician CCMEA 49,419 60,069 49,419 60,069 - - Building Inspector & Code Enforcement Officer * CCMEA 54,477 66,219 54,477 66,219 0.70 0.70 Com Dev Spec, Office Tech ** 1.00 1.00
Community Development Specialist CECC 40,664 49,421 40,664 49,421 Office Technician CECC 36,878 44,824 36,878 44,824
Economic Development and Recreation
Economic Development and Recreation Director Contract 92,618 116,137 92,618 116,137 1.00 1.00 Grants and Economic Development Coordinator CCMEA 63,077 76,669 63,077 76,669 1.00 1.00 Economic Development and Recreation Assistant Unrepresented 35,457 43,105 35,457 43,105 0.48 0.48 RV Park Supervisor CCEA 41,048 49,896 42,690 51,892 1.00 1.00 pay range update per CCEA MOU Campground Attendant Unrepresented 32,427 39,416 32,427 39,416 0.60 0.60 Aquatics Supervisor CCMEA 49,419 60,069 49,419 60,069 1.00 1.00 Relief Supervisor/Lesson Coordinator CCEA 41,048 49,896 42,690 51,892 2.00 2.00 pay range update per CCEA MOU Part-time Lifeguards 6.02 6.02

6.02 full-time equivalents (each FTE equal to
2080 hours per year) for a total of 12,520
hours divided among all part-time lifeguards
Lifeguard - Designated Head Lifeguard Unrepresented 33,800 38,480 33,800 38,480 Lifeguard - Part-Time Unrepresented 32,760 38,480 32,760 38,480 Aquatic Specialty Program Instructor Unrepresented 34,840 38,480 34,840 38,480 Water Safety Aide Unrepresented 33,280 35,360 33,280 35,360 Public Works
Director of Public Works Contract 98,497 123,484 98,497 123,484 1.00 1.00 Engineering Project Manager CCMEA 63,077 76,669 63,077 76,669 2.00 2.00 Engineering Technician CCMEA 49,419 60,069 49,419 60,069 - - Public Works Maintenance Manager CCMEA 76,669 93,179 76,669 93,179 1.00 1.00 Public Works Parks / Buildings / Maintenance Workers &
Equipment Operators 13.00 13.00
Maintenance Workers
Senior Public Works Maintenance Worker CCEA 49,896 60,651 51,892 63,077 pay range update per CCEA MOU Maintenance Worker III CCEA 41,048 49,896 42,690 51,892 pay range update per CCEA MOU Maintenance Worker II CCEA 37,235 45,247 38,724 47,057 pay range update per CCEA MOU Maintenance Worker I CCEA 35,457 43,105 36,875 44,829 pay range update per CCEA MOU Maintenance Worker 1 (part-time and seasonal) Unrepresented 35,457 43,105 36,875 44,829 pay range update per CCEA MOU Equipment Operators
Equipment Operator II CCEA 45,247 54,995 47,057 57,195 pay range update per CCEA MOU Equipment Operator I CCEA 39,099 47,518 40,663 49,419 pay range update per CCEA MOU Senior Bldgs & Parks Maintenance Worker CCEA 41,048 49,896 42,690 51,892 pay range update per CCEA MOU EMOT 3.00 3.00
Senior Electrical Mechanical Operations Technician CCEA 66,864 81,261 69,539 84,512 pay range update per CCEA MOU Electrical Mechanical Operations Technician II CCEA 57,759 70,206 60,069 73,015 pay range update per CCEA MOU Electrical Mechanical Operations Technician I CCEA 49,896 60,651 51,892 63,077 pay range update per CCEA MOU Utility Mechanic CCEA 41,048 49,896 42,690 51,892 1.00 1.00 pay range update per CCEA MOU Laboratory Director CCMEA 66,219 80,501 66,219 80,501 1.00 1.00 Laboratory Assistant / Tech 1.00 1.00
Laboratory Technician II CCEA 52,382 63,672 54,477 66,219 pay range update per CCEA MOU Laboratory Technician I CCEA 43,105 52,382 44,829 54,477 pay range update per CCEA MOU Laboratory Assistant CCEA 35,457 43,105 36,875 44,829 pay range update per CCEA MOU Fleet Mechanics 2.00 2.00
Senior Mechanic CCEA 57,759 70,206 60,069 73,015 pay range update per CCEA MOU Mechanic II CCEA 45,247 54,995 47,057 57,195 pay range update per CCEA MOU Mechanic I CCEA 37,235 45,247 38,724 47,057 pay range update per CCEA MOU Housing Authority
Housing Authority Director Contract 92,618 116,137 92,618 116,137 1.00 1.00 Housing Authority Inspector CCEA 41,048 49,896 42,690 51,892 - - pay range update per CCEA MOU Tenant Services Technician CECC 44,824 54,475 44,824 54,475 2.00 2.00 Office Technician CECC 36,878 44,824 36,878 44,824 1.00 1.00 Totals 78.00 - 78.00
* Split between Building/Code Enforcement and Housing Authority ** Split between Planning and Public Works
*** Annual wages based on 48/96 schedule including scheduled FLSA overtime Pay ranges do not include special pay, i.e. certification, longevity, merit, etc.

Min and max annual pay ranges are equivalent to base hourly rate times 2,080 hours per year (except for Fire Captains). Actual hours for positions may be different.

Pay Range - Current Pay Range - Update

CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ASHLEY TAYLOR, ECONOMIC DEVELOPMENT AND RECREATION

DIRECTOR, AND DAVID YEAGER, PUBLIC WORKS DIRECTOR
DATE: JULY 24, 2023
SUBJECT: CULTURAL CENTER ELEVATOR CERTIFICATION BUDGET

AMENDMENT
______________________________________________________________________

RECOMMENDATION
• Approve and adopt Resolution 2023-55 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

BACKGROUND
The City entered into the most recent contract with Otis Elevator Company to provide lubrication and survey service for the elevator at the Cultural Center on October 27, 2020.

Services included in the contract are an annual survey of the condition of the elevator with a written report stating the elevator’s current condition, and a quarterly lubrication of mechanical parts of the elevator as warranted. These parts include bearings, gears, motors, frame assemblies, door operators, and safety components. All included parts are also examined with the City to receive written notification and the cost of repairs for any worn or defective parts. A list of all items serviced are included in the attached seven page contract document titled “Lubricate and Survey Service”.

ITEM ANALYSIS
The State of California is now requiring a Category 5 Hydraulic Full Load Safety Test for this elevator. A schedule of frequency for this testing has not been directly provided to the City, and therefore it was not anticipated in this year’s budget. On April 21, 2023, Cal OSHA performed a Survey of the elevator at 1001 Front Street (Cultural Center), and determined this elevator was due for its Full Load Safety Test. On June 12, 2023, Cal OSHA sent the City a letter requesting two items:

1. Reporting of a passing Load Test to the State per Cal OSHA California Code of Regulations (Title 8), per subsection 3071(j).

Cultural Center Elevator Certification Budget
July 24, 2023
2 2. A tag to be placed on the elevator pumping unit identifying the State elevator number; identification of the Elevator Company that performed the load test; and the date of the load test so as to remain in compliance with the State of California per subsection 3071(j).

The notice was issued on June 12th and Cal OSHA was requesting compliance by July 12th. Upon receiving the Cal OSHA letter, City staff immediately engaged Otis to get a cost estimate for completing the necessary work to the elevator. The quote for the work was provided on July 18th. Because the order was not addressed within the 30 days required, a processing fee will be assessed for the State to issue an Order Prohibiting Use (OPU). This fee will be assessed even if the State does not issue the OPU because it is considered a processing fee. Staff has contacted OSHA and confirmed the elevator can remain in service unless the order is officially issued. The load test has been scheduled and as long as the work is completed before the reinspection there will be no impact in elevator service. If the elevator is taken out of service as has occurred for various reasons in the past, staff will coordinate with the Visitor’s Center to accommodate.

As this load test was not anticipated and is therefore not in the FY 2023/2024 budget, this cost of the Load Test is being brought to the City Council for approval of a budget amendment. Future load tests are required every 5 years and should be incorporated in future budgets.

FISCAL ANALYSIS
The cost of the Otis Service and Repair Order for the Load Test and associated tagging to be performed by Otis is $7,480 and the State OPU processing fee of $675. Completion of this work to the elevator was not anticipated during budgeting for FY 2023-24. As such staff is requesting an amendment to the FY 2023-2024 budget for the Cultural Center in the amount of $8,155.

If approved, this amount will reduce the General Fund balance by $8,155. At the time of the FY 23-24 budget preparation, staff estimated the fund balance at the end of FY 23- 24 (including a conservative estimated balance for FY 22-23, and the FY 23-24 budget with 5% operating budget remaining unspent) would be $2,913,822. Taking into account the estimated Measure S balance and 25% required reserve, the unallocated fund balance was estimated to be $107,413.

The actual FY 22-23 ending fund balance will not be known until the fiscal year closeout process is finished, which is currently underway and takes several months to complete.

Once the final numbers are known for FY 22-23, staff will bring updated fund balance numbers to the Council.

STRATEGIC PLAN ASSESSMENT
Cultural Center Elevator Certification Budget
July 24, 2023
3 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.

GOAL 3: OBTAIN THE HIGHEST LEVELS OF ORGANIZATIONAL EXCELLENCE B. Maintain responsible fiscal management and accountability.

ATTACHMENTS

1. Resolution No. 2023-55, A Resolution of the City Council of the City of Crescent City Amending the Fiscal Year 2023-24 Budget of the City of Crescent City.

CITY OF CRESCENT CITY RESOLUTION NO. 2023-55 Page 1
RESOLUTION NO. 2023-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5th day of June 2023; and WHEREAS, the City Council adopted said budget by way of Resolution No. 2023-39 and has the authority to amend said budget from time to time; and
WHEREAS, the elevator at the Cultural Center needs to have a Load Test with the associated reporting to deemed in compliance by the State of California to remain operational; and WHEREAS, operational Load Testing of the elevator needs to be performed by Otis Elevator Company, who is the service contractor with the City for this elevator; and WHEREAS, the City was issued an Order to Correct Unsafe Conditions or Show Cause by the State of California on June 12,
2023 to be addressed within 30 days or a processing fee will be assessed and/or a fee for the State issuance of an Order Prohibiting Use (OPU); and WHEREAS, the City engaged Otis Elevator Company to perform the necessary work to be in compliance with the Title 8 requirements of the State of California for the elevator to remain in service; and WHEREAS, fulfillment of this work and processing fees to the State of California requires an amendment to the budget as this Load Test and reporting was not anticipated.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:

1. That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Revenue Increase (Decrease) Expenditure Increase (Decrease) General Fund $0 $8,155
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 24th day of July 2023 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: LINDA LEAVER, FINANCE DIRECTOR
DATE: JULY 24, 2023
SUBJECT: DELINQUENT SEWER-ONLY ACCOUNTS PUBLIC HEARING
______________________________________________________________________

RECOMMENDATION
• Open public hearing
o Hear staff report
o Technical questions from the Council
o Receive public comments
o Further Council discussion
• Close public hearing
• City Council may revise, change, reduce, or modify any charge, or may overrule any or all objections
• Approve and adopt Resolution No. 2023-56, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY DETERMINING THE AMOUNT

OF DELINQUENT SEWER CHARGES FOR CERTAIN PARCELS OF

PROPERTY AND AUTHORIZING THE COLLECTION THEREOF WITH

ORDINARY PROPERTY TAXES

BACKGROUND
When the City provides sewer service to parcels of property where the property owner is responsible for the charges and such charges subsequently become delinquent, Section 5473 of the Health and Safety Code and Chapter 13.13 of the Crescent City Municipal Code provide:

1. That a written report be prepared describing the parcel where the service was rendered and stating the amount of delinquency.

2. That each property owner be notified of the time and place when a public hearing will be held to hear any and all objections and protests regarding the report as prepared. (Notice was mailed to affected property owners on July Public Hearing – Delinquent Sewer Charges
July 24, 2023
2 10, 2023 and the notice of public hearing was published in the Triplicate on July 12, 2023.)

3. That upon Council approval, the report is to be filed with the County Auditor for collection as a special assessment upon the current tax roll. The deadline for filing the report of sewer delinquencies with the County of Del Norte is August 1, 2023.

ITEM ANALYSIS
The attached report lists accounts with delinquent sewer charges, meaning the property owner owes at least two months of sewer charges. For customers with both water and sewer service provided by the City, delinquent accounts are normally handled by suspending water service. In the case of the attached accounts, the customer receives only sewer service from the City and therefore disconnection of water service is not an option. For these accounts (referred to as “Sewer Only” accounts), delinquent balances are placed on the property tax roll of the property owner once per year.

The affected property owners were mailed a notice on July 10, 2023, and a notice of this hearing was published in the Triplicate on July 12, 2023. The property owners who received notice are attached to this report. The mailed notice informed the affected property owners that they may pay the delinquent balance by 12:00 pm on the date of the public hearing in order to have their account removed from the list. Staff will provide an updated report at the public hearing to remove the names of any property owners who have paid their past due balances before noon on the day of the hearing. Property owners also have the right to attend the public hearing and make an objection to the City Council.

The Council may change or reduce any of the attached charges or may overrule any or all objections.

Upon approval of the Council, the updated list of delinquent sewer charges will be sent to the County auditor to be added to the FY 2023-24 property tax roll.

FISCAL ANALYSIS
The attached report shows those parcels of property which have delinquent sewer charges as of July 10, 2023. The total amount due to the City’s Sewer Fund for these accounts as of that date was $19,117.68, which if not collected will result in a loss of revenue. The amount to be included on the 2023-24 tax roll will include the delinquent sewer charges plus a 6% administrative fee.

The actual list to be sent to the County for collection will be the updated list provided at the public hearing (to remove any accounts which have paid by noon on the hearing date) plus any revisions the Council may direct staff to update at the public hearing.

STRATEGIC PLAN ASSESSMENT
Public Hearing – Delinquent Sewer Charges
July 24, 2023
3 This report is consistent with the Strategic Plan Goal 3 ongoing priority to “Maintain responsible fiscal management and accountability.”

ATTACHMENTS
• Resolution No. 2023-56
• Delinquent sewer accounts list as of July 10, 2023
CITY OF CRESCENT CITY RESOLUTION NO. 2023-56 Page 1
RESOLUTION NO. 2023-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY

DETERMINING THE AMOUNT OF DELINQUENT SEWER CHARGES FOR CERTAIN

PARCELS OF PROPERTY AND AUTHORIZING THE COLLECTION THEREOF WITH

ORDINARY PROPERTY TAXES
WHEREAS, the City Council finds it to be in the public interest to collect certain delinquent sewer-only service charges upon the 2023-24 tax rolls as authorized pursuant to Section 5473 of the Health and Safety Code and Section 13.13 of the Crescent City Municipal Code; and
WHEREAS, the required public hearing has been held and those property owners affected by the assessment were notified of said public hearing in order for the City Council to consider their comments and act upon same.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City, California as follows:

1. That the delinquent sewer account balances shown on the attached report shall constitute a special assessment upon the real property to which they relate; and

2. That staff is hereby directed to file the attached report with the Auditor of the County of Del Norte for collection thereof at the same time and in the same manner as ordinary property taxes are collected.

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 24th day of July 2023, by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Isaiah Wright, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
CUSTOMER NO NAME SITE ADDRESS APN BALANCE 6% ADMIN FEE AMOUNT TO TAX ROLL 007353-000 EHRHARDT MICHAEL T 1875 WILDWOOD LN 116-171-004-000 805.14 48.30 853.44 105580-000 SUSA BRYAN 1317 BURTSCHELL PL 117-041-011-000 805.14 48.30 853.44 007400-000 COSTELLO ERIC J 1335 JORDAN ST 117,082,008,000 332.20 19.92 352.12 005449-001 RICKNER TRUST MICHAEL & PHYLLIS 311 NATIONAL BLVD 115,214,010,000 805.14 48.30 853.44 007477-000 HERNANDEZ MARIA R 1379 JORDAN ST 117,082,002,000 805.14 48.30 853.44 005615-000 ESTATE OF SARAH E LUERRA 308 OLIVE ST 115,245,027,000 1,611.78 96.70 1,708.48 105821-000 FIREBAUGH LONIE 1395 DOUGLAS ST 117,084,001,000 805.14 48.30 853.44 005663-000 CHILDS LARRY T 222 HUMBOLDT RD 115,275,002,000 420.86 25.24 446.10 110446-000 BRAZEAL L & NADA A. 116 OLIVE ST 115,225,003,000 424.36 25.46 449.82 109097-000 YANG THAO 180 W MADISON AVE 116,171,034,000 740.25 44.41 784.66 111515-000 STIDD ROBERT & REBECCA 1301 JORDAN ST 117,082,014,000 200.42 12.02 212.44 108663-000 SMITH BARBARA LOUISE 310 ARNETT ST 116,160,062,000 200.42 12.02 212.44 007519-000 AITKEN CAROLINA M 1437 HARROLD ST A & B 117,052,005,000 1,587.93 95.27 1,683.20 007533-000 FIELD TUAN & LESLEY 140 VICTORIA LN 116,172,043,000 805.14 48.30 853.44 007434-000 PEARCEY PAUL RICHARD ESTATE OF - 1533 OREGON ST 116,154,012,000 332.20 19.92 352.12 007478-000 IVISON KURT R 1360 HARROLD ST 117,082,021,000 200.42 12.02 212.44 104511-000 BURDG DENISE & CLINT 250 E MADISON AVE 116,171,033,000 131.78 7.90 139.68 007479-000 MAVRIS GEORGE M 1336 HARROLD ST 117,082,007,000 406.34 24.38 430.72 108605-000 ADLER ANGELA A 221 E MADISON AVE 116,172,050,000 189.76 11.38 201.14 111572-000 BELTRAM RICHARD TODD 150 VICTORIA LN 116,172,031,000 131.78 7.90 139.68 101536-001 JESION BARBARA A 1301 BURTSCHELL ST 117,041,008,000 131.78 7.90 139.68 007298-000 PEDERSEN LARRY J. & KAREN C. 1591 OREGON ST 116,154,015,000 805.14 48.30 853.44 106152-000 INGRAM KYLE EUGENE 325 HUMBOLDT RD 115,151,001,000 139.04 8.34 147.38 107017-000 GULICK STEFANIE S 1307 DOUGLAS ST 117,084,015,000 131.78 7.90 139.68 110971-000 KAYS MARY MAGDELENA 1763 WILDWOOD LN 116,172,009,000 131.78 7.90 139.68 109312-000 BURK NELL J 965 COOPER AVE 120,190,045,000 805.14 48.30 853.44 007482-000 SCHUMACK DEBRA M 1303 HARROLD ST 117,083,012,000 805.14 48.30 853.44 110076-000 JOHNSTON MARY E 1140 MURPHY AVE 120,121,005,000 805.14 48.30 853.44 105352-000 JOHNSON JAMES 115 TEMPLE ST 115,225,018,000 131.78 7.90 139.68 105058-000 SANDERSON TIMOTHY 120 GEORGETOWN PL 116,300,028,000 805.14 48.30 853.44 007250-000 WORLEY JAMES A. & TINA S. 727 LAKE ST 120,136,004,000 805.14 48.30 853.44 007282-000 COPE PHYLLIS M 555 E COOLIDGE AVE 117,093,001,000 269.06 16.14 285.20 104164-000 APPEL RICHARD M 1724 WILDWOOD LN 116,172,014,000 805.14 48.30 853.44 005557-000 GONZALEZ FRANK 554 DARBY ST 115,143,003,000 805.14 48.30 853.44 TOTAL 19,117.68 1,146.82 20,264.50

CITY OF CRESCENT CITY
DELIQUENT SEWER ACCOUNTS AS OF JULY 10TH 2023
FOR COUNCIL MEETING 07/24/2023

CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: BOB BROWN, CONTRACT CITY PLANNER
DATE: JULY 24, 2023
SUBJECT: GENERAL PLAN ANNUAL PROGRESS REPORT
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Provide direction to staff on any proposed changes to the General Plan APR • Review and approve the General Plan Annual Progress Report

BACKGROUND
The General Plan is a guiding document for the long-term physical development of a community and is required to be updated periodically to reflect current circumstances.

California Government Code Section 65400(a)(2) mandates that all cities and counties submit to their legislative bodies an annual report on the status of the general plan and implementation progress. This General Plan Annual Progress Report (GP APR) was approved by the Crescent City Planning Commission on July 13, 2023. After City Council approval, a copy of this GP APR will be submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

ANALYSIS
The General Plan Annual Progress Report (GP APR) supports the finding that the General Plan is utilized by the City in the long-term physical development of the City.

The report is broken into 8 sections. Within these 8 sections it is discussed and concluded that the City of Crescent City General Plan is a useful and valuable tool to assist the City in providing policy direction to decision-makers and information for residents and interested parties. The GP APR concludes:
• The City of Crescent City General Plan’s growth threshold has not been met and the Plan continues to be a valid guiding document to the City. • The City intends to prepare updates to four of the General Plan Elements within the next three years.
• The City, in 2022, acted to continue implementing and upholding the Goals of the General Plan.
• The General Plan’s goals and policies are up-to-date and valid.

The GP APR also identifies which Elements are planned to be updated in the near future.

The Housing Element is currently in round three of revisions with HCD and is on track to be adopted and certified by the end of 2023. The Land Use and Community Development Element is set to be updated in 2024 and the Health and Safety Element is set to be updated in 2025. State Law requires that after updating two GP Elements, the jurisdiction must also develop and adopt an Environmental Justice Element. This new element is set to be prepared and adopted in 2026.

By the end of 2026, four of the eight elements will have been updated. With the proposed element updates, a comprehensive General Plan update is not necessary, and the findings listed above would remain valid.

FISCAL ANALYSIS
Fiscal impact of the General Plan Annual Progress Report is minimal and is paid for by the Regional Early Action Planning (REAP) grant program. Proposed amendments to the General Plan Elements discussed in the GP APR will be funded by the General Fund or appropriate available grant funding.

STRATEGIC PLAN ANALYSIS
The Economic Development Strategic Plan contains several goals that are relevant to the General Plan APR including:
• Goal 3: Simplify and Streamline Regulations to Stimulate and Ease Economic Development Activities.

Under Goal 3, Recipe 3C – Economic Development in the General Plan and Zoning Code recommends that the City update its General Plan. As discussed in the GP APR and consistent with Recipe 3C, the City proposes to update approximately half of the General Plan Elements by 2026. This will include, but is not limited to, amendments to the General Plan and Zoning Code that promote mixed-uses in the Downtown area, reductions in offstreet parking requirements, and development of an ADU ordinance to streamline ADU permitting.

ATTACHMENTS

1. 2022 General Plan Annual Progress Report
City of Crescent City
2022 General Plan
Annual Progress Report
Submitted by:

City of Crescent City Planning Department
377 J Street
Crescent City, CA 95531
July 2023
City of Crescent City

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GENERAL PLAN ANNUAL PROGRESS REPORT
Contact Bob Brown
Title Community Development Director
Phone Number (707) 822-5785
e-mail [email protected]
Agency City of Crescent City
Website Crescentcity.org
Planning/ Community Development Director Bob Brown
Address 377 J Street, Crescent City CA 95531
Phone number (707) 464-7483
Jurisdiction type City
Name of Jurisdiction City of Crescent City
Charter City No
Reporting period type Calendar year
Reporting period January 1, 2022 through December 31, 2022 Resubmittal No
City of Crescent City

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1. Introduction
State Law and Local Planning
The General Plan (GP) is a guiding document for the long-term physical development of a community and is required to be updated periodically to reflect current circumstances. California Government Code Section 65400(a)(2) mandates that all cities and counties submit to their legislative bodies an annual report on the status of the general plan and implementation progress. The 2022 General Plan Annual Progress Report (GP APR) must be approved and accepted by the Crescent City Planning Commission on prior to submittal. After acceptance a copy of the 2022 GP APR will be submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

The City of Crescent City General Plan (2001) was adopted by the City Council May 21, 2001. Since the plan’s adoption, the City has sought to implement the programs contained in it through a variety of efforts including application of General Plan polices during the review of new development projects, substantive environmental review of new development, construction of new and updated infrastructure through the annual Capital Improvement Program, continued active code enforcement efforts, and an economic development program. The City’s General Plan continues to be a valid and useful document with its goals and policies being advanced by City actions throughout the 2022 calendar year.

Executive Summary
As described in this report, the City of Crescent City General Plan is a useful and valuable tool to assist the City in providing policy direction to decision-makers and information for residents and interested parties.

In that context and in terms of the City of Crescent City and its General Plan, this report concludes the following:
• The City of Crescent City General Plan’s growth threshold has not been met and continues to be a valid guiding document to the City.
• The City intends to prepare updates of four of the General Plan Elements within the next three years
• The City, in 2022, has acted to continue implementing and upholding the Goals of the General Plan.
• The General Plan’s goals and policies are up-to-date and valid City of Crescent City

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2. Table of Contents

1. Introduction...........................................................................................................................................3 State Law and Local Planning ..............................................................................................................3 Executive Summary..............................................................................................................................3

3. Date of Presentation..............................................................................................................................4

4. General Plan Updates............................................................................................................................4

5. General Plan Implementation................................................................................................................6 A. Land Use and Community Development Element............................................................................6 B. Transportation and Circulation Element...........................................................................................8 C. Public Facilities and Services Element .............................................................................................9 D. Recreational and Cultural Resources Element................................................................................10 E. Natural Resources and Conservation Element................................................................................11 F. Health and Safety Element..............................................................................................................12 Action Items........................................................................................................................................14 2022 Planning Services.......................................................................................................................14

6. Housing Element APR........................................................................................................................15

7. General Plan Compliance....................................................................................................................16 Environmental Justice Considerations................................................................................................17 Tribal Consultation .............................................................................................................................17

8. Adjustments to the General Plan in 2023............................................................................................17

3. Date of Presentation
The 2022 General Plan Annual Progress Report (GP APR) was scheduled as a discussion item at the July 13, 2023 Crescent City Planning Commission meeting. The meeting was held in the Waste Water Treatment Plant Conference Room at 5:30 pm, 210 Battery Street, Crescent City, CA. The GP APR was accepted by the Planning Commission, and then submitted to the Office of Planning and Research and the Department of Housing and Community Development.

4. General Plan Updates
A General Plan is the City’s blueprint for growth. All development approvals must be consistent with the general plan. Therefore, a general plan is useful if it provides up-to-date information, goals, policies, and programs that are consistent with current City growth policies and which are physically and economically feasible to implement. The table below displays the dates of the currently adopted elements as well as their most recent or planned updates.

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Table 1: General Plan Updates
General Plan Elements Year
Adopted
Year Updated
and Adopted Planned Update
Land Use and Community
Development Element 2001 N/A 2024
Housing Element 2001 2016 2023 pending
Transportation and Circulation
Element 2001 N/A -
Public Facilities and Services
Element 2001 N/A -
Recreational and Cultural Resources
Element 2001 N/A -
Natural Resources/Conservation
Element 2001 N/A -
Health & Safety Element 2001 N/A 2025
Environmental Justice N/A N/A 2026
The 2001 General Plan established a threshold for planned build out consistent with the projected population growth. In 1996, as reported in the 2001 General Plan, Crescent City had a population of 4,653 people excluding residents of Pelican Bay State Prison. Del Norte County had a population of 27,292 people in 2001. The City is about 17 percent of the County’s population. DOF predicted the 2020 population of Del Norte County would be 29,146 people. The 2001 General Plan planned to accommodate 17% percent of the projected growth of the County. Therefore, the General Plan’s established threshold can accommodate a population of approximately 5,000 people. The City’s population as reported in the 2020 census was 6,673 people, adjusted to exclude Pelican Bay State Prison residents, the City’s population in 2020 was approximately 4,173 people. Thus, the City has only grown to 83 percent of the 2001 General Plans buildout threshold. The Crescent City General Plan threshold for growth has not been met. Additionally, the DOF has predicted a negative population growth within the City consistent with the population projections shown in Table 2. Therefore, it is unlikely that the General Plan’s growth threshold will be met in the near future. The General Plan’s goals, policies, and programs are still relevant to accommodate projected growth within the City.

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Table 2: Department of Finance Population Projections (2020-2060) Del Norte County
Population
Projections

2020 2030 2040 2050 2060 Annual Growth
2020-2060
Del Norte
County 27,193 26,750 26,498 25,975 25,720 -0.14%
Population
Increase/
Decrease
None -443 -252 - 523 -225 - 5.4%
Source: California Department of Finance. Demographic Research Unit. Report P-2A: Total Population Projections, California Counties, 2010-2060 (Baseline 2019 Population Projections; Vintage 2020 Release). Sacramento: California. July 2021.

The City’s 6th Cycle Housing Element update is currently under HCD review. Once the Element is certified by HCD it will undergo the adoption process under the Planning Commission and City Council.

The City will also update the Health and Safety element in 2025 to ensure consistency with the updated Housing Element. At that time, the City will have updated two General Plan Elements and will be required by the State to develop and adopt an Environmental Justice Element. The Environmental Justice Plan is set to be developed and adopted in 2026.

The Land Use and Community Development Element currently has some inconsistencies with the Crescent City Municipal Code (CCMC). The Land Use Element allows up to 30 dwelling units per acre while the CCMC allows dwelling units at as much higher ratio in several zoning districts. The Land Use and Community Development Element is scheduled to be updated in 2024 to address the inconsistencies.

The existing and planned Elements update half the 2001 General Plan. With the GP population threshold for buildout not met and the planned update of four Elements, the 2001 General Plan does and will include up-to-date information and valid goals, policies, and programs to plan for the future.

5. General Plan Implementation
Crescent City’s Planning Area is defined by an east west line coinciding with Blackwell Road, following south along Elk Valley Road, and then following the Federal and State lands to the east. The City its self is only 2.4 square miles. The Pacific Ocean borders the City to the West and State and Federal Lands boarder the City to the east.

The progress of General Plan implementation is reported by first introducing the goals of each Element, enumerating the action steps taken towards implementing and upholding the goals of the General Plan, then a concluding statement of the Plans ability to continue guiding development throughout the City.

A. Land Use and Community Development Element
The Land Use and Community Development Element of the General Plan contains the following goals:

Goal 1.A. To encourage the overall economic and social growth of the City while City of Crescent City

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maintaining its positions of importance in the county and improving its overall aesthetic appeal.

Goal 1.B. To create a compact, pedestrian-oriented, economically robust VLC [Visitor and Local Commercial] area that provides a clear geographic focus for attracting visitors and residents and for increasing private sector investment.

Goal 1.C. To enrich and enhance pedestrian/tourist activity in the downtown by creating attractive and well-maintained public open space that will provide a sense of central space or village atmosphere where people could meet, socialize, and eat.

Goal 1.D. To expand and enhance the VLC area, Crescent City Harbor, and downtown as a tourist destination.

Goal 1.E. To create a safe, clean, and pedestrian-friendly downtown area.

Goal 1.F. To provide adequate land in a range of residential densities to accommodate the housing needs of all income groups expected to reside in Crescent City, while ensuring a high quality of residential development.

Goal 1.G. To designate adequate commercial land for and promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of Crescent City residents, the regional community, and visitors and to maintain economic vitality.

Goal 1.H. To designate adequate land for and promote development of industrial uses to meet the present and future needs of Crescent City residents for jobs and to maintain economic viability.

Goal 1.I. To maintain a healthy and diverse local economy that meets the present and future employment, shopping, recreational, public safety, and service needs of Crescent City residents and to expand the economic base to better serve the needs of residents.

Goal 1.J. To maintain and enhance the quality of Crescent City’s built environment (i.e. historical buildings, major corridors, city entrances, landscape, and streetscape).

Goal 1.K. To ensure optimum utilization of the Harbor’s commercial tourism and recreational potential while allowing for appropriate public and private uses, developing access as a harbor, conserving the Harbor’s open water, improving the Harbor’s aesthetic appeal, and increasing its economic viability.

Goal 1.L. To provide for the ongoing administration and implementation of the General Plan.

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The Land Use and Community Development Element is general in its goals and policies in order to accommodate a variety of developments throughout the City.

Goal 1.F had specific action taken towards its implementation in 2022. The Housing Element Update currently in progress plans for development through 2030. The Element includes a sites inventory listing all available and vacant sites appropriate for residential or mixed-use development. The 6th Cycle Housing Element concludes that there is enough land for a range of residential densities for all segments of the population.

Goal 1.H has been implemented by issuing over 71 business licenses in 2022. The Business licenses range from home occupations to large national chain commercial services.

Goal 1.L has been implemented in 2022 by the development and planned adoption and certification of the 6th Cycle Housing Element Update as well as submittal of the required Housing Element APR and the General Plan APR to OPR and HCD.

All other goals of this Element are implemented to facilitate good development throughout the City. The Land Use Element is useful and adequate in its characterization of the nature of the City and the General Plan’s overarching goals and policies. No amendments to this Element were made or required in 2022.

B. Transportation and Circulation Element
Goals listed in the Transportation and Circulation Element of the Crescent City General Plan, are as follows:

Goal 3.A. To plan for the long-range planning and development of Highway 101 to ensure the safe and efficient movement of people and goods.

Goal 3.B. To develop and maintain a safe and efficient public transportation system that reduces congestion and provides viable alternative transportation in and through the Crescent City Planning Area.

Goal 3.C. To encourage the use of the bicycle as an alternate, energy efficient mode of transportation within the City and to develop a system of bikeways and bicycle parking facilities which will safely and effectively serve those wishing to utilize bicycles for commute and recreational trips.

Goal 3.D. To encourage and facilitate walking throughout the City.

Goal 3.E. To promote the improvement and maintenance of general and commercial aviation facilities within the parameters of surrounding land uses.

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Goal 3.F. To promote the maintenance and improvement of the Crescent City Harbor facilities.

Goal 3. G. To promote development of multimedia communications as a viable mode of transportation and commerce.

The goals contain several policies and programs that seek to enhance the movement of goods and people throughout the City, provide safe walking routes for residents, and maintain and improve the quality of the roadways within the City.

Goal 3.A and many of the Circulation Element goals are implemented through the City’s planning and coordination with Caltrans on accessibility projects along Highway 101 (Action Item ix).

Goal 3.B has been implemented by the City’s continued coordination and with the local Transportation Commission through the TAC to fund City Projects (Action Item xi).

Goal 3.C and Goal 3.D have facilitated the Front Street redevelopment and park construction (Action Item vii). The project plans for multi modal transportation through the Front Street area and will serve as a connection hub for the City.

The Transportation and Circulation Element in the General Plan is devised and designed to support the Land Use Element and policies for both current uses and future growth. The Transportation and Circulation Element has not been amended since its adoption, and the goals, policies, and programs of the element remain valid. The Element continues to serve to facilitate the implementation of the Land Use Plan, and the assumptions and projections supporting its designations of streets and roadways are accurate and provide a legally adequate and viable plan.

The City’s 2001 General Plan Environmental Impact Report (EIR) evaluated the City road capacity in 1998, including U.S. Highway 101 that divides the City. When comparing with 2020 traffic counts, there is similarity to numbers from 1998 with no appreciable increase. The 2020 Caltrans traffic counts for U.S. Highway 101 can be found at the following web address. https://dot.ca.gov/programs/traffic-operations/census.

C. Public Facilities and Services Element
The Public Facilities and Services Element of the General Plan includes the following goals:

Goal 4.A. To ensure the effective and efficient provision of public facilities and services for existing and new development.

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Goal 4.B. To ensure the availability of an adequate and safe water supply and the maintenance of high-quality water for residents of and visitors to the Crescent City urban area.

Goal 4.C. To ensure adequate wastewater collection, treatment, and disposal within the Urban Boundary.

Goal 4.D. To ensure the safe and efficient disposal or recycling of solid waste generated in Crescent City.

Goal 4.E. To collect and convey stormwater in a manner that least inconveniences the public, reduces or prevents potential water-related damage, and protects the environment.

Goal 4.F. To provide for the educational needs of Crescent City residents.

Goal 4.G. To provide police and fire services that protect residents of and visitors to Crescent City form injury and loss of life and to protect property.

Goal 4.H. To provide efficient and cost-effective utilities.

These goals contain policies and programs that seek to ensure adequate services and public facilities for Crescent City’s existing and projected population.

Most of the Action Items listed later in this section are implementations of the Goals outlined in the Public Facilities and Services Element. The Public Facilities and Services Element contains standards and guidelines that ensure adequate water supply, wastewater treatment, stormwater, solid waste, protection services, and utilities within the City and relevant portions of the planning area. The Public Facilities and Services Element contained within the General Plan has been used by staff and has provided valuable guidance and policy direction for the City.

This Element is current and accurate and remains useful and legally adequate.

D. Recreational and Cultural Resources Element
The Recreational and Cultural Resources Element of the General Plan includes the following goals:

Goal 5.A. To encourage the development and maintenance of existing and new parks and recreational facilities to serve the needs of present and future residents, employees, and visitors.

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Goal 5.B. To develop a system of interconnected hiking, riding, and bicycling trails and paths suitable for active recreation and transportation and circulation.

Goal 5.C. To provide full coastal recreation opportunities for the public while assuring the protection of important coastal resources and the rights of private property owners.

Goal 5.D. To provide the full benefits of access to coastal recreation resources to all residents of and visitors to Crescent City.

Goal 5.E. The City shall encourage the maintenance of the visual and scenic beauty of Crescent City.

Goal 5.F. To encourage development of private recreational facilities to supplement public facilities and to provide for economic development opportunities.

Goal 5.G. To encourage identification, protection, and enhancement of Crescent City’s important historical archaeological, paleontological, and cultural sites and activities, and their contributing environment.

These goals contain policies and programs that seek to maintain and protect recreation and cultural resources present within the City.

Goal 5.A is implemented in action item xix. The development of the Beachfront Park will be the largest park in the City. It is located close to desirable visual resources and the City’s downtown area ideal for residents, employees, and visitors.

Goal 5.C and Goal 5.E are implemented through the Pebble Beach Bank Stabilization project (Action Item x). The stabilization of Pebble Beach, a large visual resource frequented by tourists and residents, will allow for continued enjoyment.

The Recreational and Cultural Resources Element contains standards and guidelines that protect existing recreation uses, and new potential recreation uses, all while considering their impacts to residents and cultural resources. The Recreational and Cultural Resources Element contained within the General Plan has been used by staff and has provided valuable guidance and policy direction for the City. This Element is current and accurate and remains useful and legally adequate.

E. Natural Resources and Conservation Element
The Natural Resources/Conservation Element of the General Plan includes the following goals:

Goal 6.A. To maintain and where possible enhance marine resources, coastal waters, and City of Crescent City

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sensitive coastal habitats, thereby recognizing the economic and biologic significance of these resources.

Goal 6.B. To protect and enhance the natural qualities of Crescent City’s streams, creeks, and groundwater and to ensure sufficient water supplies of good quality for all beneficial uses.

Goal 6.C. To maintain the productivity of soils, reduce erosion, and prevent unsafe and unhealthy soil conditions within the Crescent City Planning Area.

Goal 6.D. To protect, restore, and enhance wildlife habitat that support fish and wildlife species throughout the Crescent City Planning Area.

Goal 6.E. To protect and improve air quality in Crescent City and the region.

Goal 6.F. To promote the development of agricultural uses that support the continued viability of agricultural activities in the Crescent City Planning Area.

Goal 6.G. To conserve forest resources, enhance the quality and diversity of forest ecosystems, reduce conflicts between forestry and other uses, and to encourage a continued yield of forest products in the Planning Area.

These goals contain policies and programs that seek to protect the natural resources present within the Crescent City Planning Area.

Goal 6.A and Goal 6.C are implemented through the Pebble Beach Bank Stabilization project (Action Item x). The stabilization of Pebble Beach, a large visual resource frequented by tourists and residents, will allow for continued enjoyment.

Many of the Action Items listed, including i-vi and xiii, further implement the general Goals of this section to protect and enhance water quality.

The Natural Resources and Conservation Element remains useful and relevant and has served the City over the last year. The element has not been amended since its adoption, and the goals, policies, and programs of the element remain valid.

F. Health and Safety Element
The Health and Safety Element of the Crescent City General Plan lists the following goals:

Goal 7.A. To protect the public health, safety, and welfare and minimize the damage to structures, property, and infrastructure as a result of seismic, geologic, fire, and flood City of Crescent City

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hazards.

Goal 7.B. To minimize the loss of life, injury, and property damage due to seismic hazards.

Goal 7.C. To minimize the loss of life, injury, and property damage due to geological hazards.

Goal 7.D. To protect the lives and property of the citizens of Crescent City from hazards associated with development in floodplains.

Goal 7.E. To prevent and minimize the risk of loss of life, injury, and property damage resulting from unwanted fires.

Goal 7.F. To minimize the risk of loss of life, injury, serious illness, damage to property, and economic and social dislocations resulting from the use, transport, treatment, and disposal of hazardous materials and hazardous material wastes.

Goal 7.G. To provide planning, response, and recovery capabilities to deal with the range of natural and manmade hazards that could impact the Crescent City Planning Area.

Goal 7.H. To prevent incompatible land uses, by reason of excessive noise level, from occurring in the future. This includes protecting sensitive land uses from exposure to excessive noise and to protect the economic base of the City by preventing the encroachment of incompatible land uses within areas affected by existing or planned noise-producing uses.

These goals contain policies and programs that aim to protect Crescent City’s existing and projected populations from natural and manmade hazards.

A majority of the Goals in this Element have been implemented in the Front Street project (Action Item vii), Beachfront Master Plan (Action Item xix), and the Pebble Beach Bank Stabilization project (Action Item x).

The Health and Safety Element Goals are implemented in planning operations on a day-to-day basis guiding all projects in the City.

The Health and Safety Element contains information and goals, policies, and programs regarding general, seismic, geologic, flood, and fire hazards, as well as hazardous materials, disaster planning, and noise. This element has not been amended since its adoption and remains valid.

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Action Items
The goals within each Element contain policies and programs that seek to ensure a high quality of life, efficient development, and economic growth. Within that framework, City staff worked on the following items throughout the 2022 calendar year to ensure that the goals set forth in the General Plan have been addressed:
i. Water SCADA modifications for water optimization
ii. Water Modeling development complete Phase I
iii. Complete Phase II Wayfinding signs
iv. Coordinate WWTP CIP projects
v. Continue implementation of automated meter reading system vi. Completed G-K Street Portion of the Front Street Storm Drain Project vii. Front and F Street out for bid
viii. Completed PS & E for Amador Water Tank & Bid, WWTP Paving Project, and WWTP generator
ix. Coordination with Caltrans on accessibility projects along Hwy 101 corridor (multi-year Project) for Hydrant and Streetlight Relocation x. Begin PS & E for Pebble Beach Bank Stabilization
xi. Working with Local Transportation Commission through the TAC to fund City Projects
xii. Comply with CEQA by updating policies for SB 743 (VMT vs. LOS) xiii. Continue water system modeling and transient pressure study xiv. Digitizing of planning files
xv. Complete Small Cell Tower Ordinance
xvi. Pending approval Mobile Vending Ordinance (Issue 1 mobile vending permit)
xvii. Complete revised model water efficient landscape ordinance xviii. Draft Long-term RV parking for residential use
xix. Drafted Beachfront Park Master Plan review
xx. LEAP Planning Grant implemented to promote housing ($70k noncompetitive) - xxi. Office of emergency services application approved for more generators xxii. REAP Planning Grant joint City/County award received ($90k) 2022 Planning Services
The City’s day-to-day planning services is one of the ways the General Plan is implemented.

Day-to-day services include: planning inquires, business license issuance, sign permit issuance, building permit approvals, site plan and architectural review permit approvals, and other various permits and projects. Table 3 shows the day-to-day services provided to City residents.

Table 3: Planning Services
Service Number completed
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Planning Inquiries 124
Business Licenses 71
Sign Permits 10
Building Permits 44
Site Plan / Architectural Reviews 1
Use Permits 3
Cannabis Permits 1
Variance Permits 1
City Projects 3
Other 8
Source: City of Crescent City, Department of Community and Development, 2023.

The City of Crescent City General Plan has in the past and currently provides meaningful direction to elected officials, City staff, landowners, citizens, and parties interested in the future of Crescent City. Through the end of calendar year 2022, the General Plan remained essentially in the City’s direction and policy foundations. There were no changes adopted to the General Plan’s goals, policies, and programs during 2022.

As described throughout this document, the City’s General Plan does not need a comprehensive update. The current General Plan and its planned Element updates does and will provide accurate and useful policy guidance for the City. The document is adequate and functional, and contains goals, policies, and programs and that continue to serve the needs of the City of Crescent City.

6. Housing Element APR
The City of Crescent City 2014-2019 Housing Element update (Housing Element or HE) was adopted by the City Council on June 6, 2016. The HE was certified by the California Department of Housing and Community Development (HCD) for compliance with state housing element law. The City’s 2022-2030 Housing Element is currently in the third round of review with HCD and is on track for certification and adoption by the end of 2023. For the purpose of this Annual Progress Report the 2014-2019 Housing Element was used for reporting.

California state law recognizes that local governments play a vital role in developing affordable housing. In 1969, the state mandated that all California cities, towns and counties must plan for the housing needs of our residents—regardless of income. This state mandate is called the Regional Housing Needs Allocation, or RHNA. As part of RHNA, the California Department of City of Crescent City

Page 16 of 17 ends

Housing and Community Development, or HCD, determines the total number of new homes the County of Del Norte and the City of Crescent City need to build—and how affordable those homes need to be—in order to meet the housing needs of people at all income levels.

The City’s 6th cycle RHNA has a total allocation of 189 dwelling units. The projection period begins in September of 2018 and ends in September of 2030. The planning period begins in 2022 and ends in 2030. The RHNA allocation of 189 units is broken down into income categories and is expressed in Table 4.

Table 4:Crescent City RHNA
Projected Needs (Regional Housing Need Allocation)
Jurisdiction Very
Low
Low Moderate Above Moderate Total
Crescent City 39 22 27 101 189
Percentage of Total 20.6% 11.6% 14.3% 53.4% 100.0%
Source: Crescent City Draft 6th Cycle Housing Element
On April 19th, the City of Crescent City submitted the Housing Element APR to HCD. The City approved 15 above moderate units between January 1, 2022 and December 31, 2022. In the Annual Progress Reporting calendar year in 2022, the City, competed 8 percent of the allocated RHNA. In total, on December 31, 2022 the City had permitted 24 above moderate dwelling units, nearly 13 percent of the City’s 6th cycle RHNA.

7. General Plan Compliance
At the time the 2001 General Plan was written, the state required seven elements be included which are described in this report. Recent state legislation requires that an environmental justice element also be included in a General Plan. According to Government Code Section 65302(h)(2) this element must be included in the General Plan upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. As stated in the General Plan Updates section, the Environmental Justice Element is set to be developed and adopted in 2026 after the anticipated Housing Element, Land Use and Community Development Element, and Health and Safety Elements are updated.

Government Code requires that the Housing Element be updated and adopted every 8 years, while the other elements of the General Plan should be revised “as needed” to keep information current. As previously stated, the 6th Cycle Housing Element is currently under HCD’s review and is pending certification. Until the 6th Cycle Housing Element has been adopted and certified, the 5th Cycle Housing Element and State Law remains in effect. The City of Crescent City General Plan contains all seven of the required elements.

City of Crescent City

Page 17 of 17 ends

Environmental Justice Considerations
With the pending certification and adoption of the 6th cycle Housing Element and the subsequent, Land Use and Community Development Element, and Health and Safety Element update. The State will require that the City develop and adopt an Environmental Justice Element. It is anticipated this will occur in 2026.

Tribal Consultation
The City of Crescent City has seven contacts for tribal outreach according to the Native American Heritage Commission including: Cher-Ae Heights Indian Community of the Trinidad Rancheria, Elk Valley Rancheria, Karuk Tribe, Melochundum Band of Tolowa Indians, Resighini Rancheria/ Coast Indian Community, Tolowa Dee-ni’ Nation and Yurok Tribe.

The City initiates tribal consultation with all the above tribes when required by AB 52 or SB 18.

The City frequently informally requests input on City projects from tribes adjacent to the City and will continue to do so. Maintaining a healthy relationship with the surrounding Tribes is beneficial to the City.

8. Adjustments to the General Plan in 2023
Land Use and Community Development Element. In 2022 the City was awarded Regional Early Action Planning (REAP) funding. The City is currently using these funds to prepare a General Plan amendment to the Land Use and Community Development Element to address inconsistencies between allowable General Plan land use designation densities and zoning district densities. Additionally, the Land Use and Community Development Element update will further the City’s goal to prioritize infill development and other land use priorities. This update is set to be complete by September 2024 when REAP funding closes.

Housing Element. As mentioned in the Housing Element APR section, the 6th Cycle Housing Element is currently under review and is set to be adopted by the end of 2023. The 6th Cycle Housing Element will be applicable for an 8-year period: 2022 – 2030.

Health and Safety Element. When the updated Housing Element is adopted and certified the Health and Safety Element will require an update. General Plan goals and policies are likely to remain focused on maintaining and enhancing the City.

CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: JULY 24TH, 2023
SUBJECT: CCPD CADET AND VOLUNTEER K9 PROGRAM DONATIONS
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Authorize donations and expenditures to the Police Cadet and Volunteer K9 Programs.
• Approve and adopt Resolution No. 2023-57, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET

BACKGROUND
The Crescent City Police Department has been successful in establishing our Police Cadet Program and Volunteer K9 Program with initial donations from various members of the community and through fundraising events. CCPD is looking to keep expanding the programs and provide for further opportunities for youth involved with the program.

Funds from the Police Cadet program have been spend on equipment utilized during different events throughout the calendar year. One of the major events that the CCPD Cadets help out with, and which the department utilizes as a recruitment event, is the National Night Out event.

ANALYSIS
Chief Richard Griffin has secured donations from Thomas Kinney at California Auto Image and the Crescent City McDonald’s in the total amount of $1151.25. These donations will specifically cover the amount for renting bounce houses during the National Night Out event.

City Council Agenda Report
CCPD CADET AND VOLUNTEER K9 PROGRAMS
July 24, 2023
2 Chief Griffin and the Volunteer K9 Handlers have also held recent events in the Crescent City area that have secured donations from Soroptimist International of Crescent City and some donations from sales of Volunteer K9 shirts for the program totaling $270. Sally’s by the Sea – Crescent City also recently held a K9 fundraiser for the CCPD Volunteer K9 program and the Del Norte County Sheriff’s Office K9 program. The donations received during this fundraising event were split evenly between the two departments with CCPD receiving $580.

A total budget adjustment of $2001 is being requested for the donations received for the two programs, with an expected expenditure of the same amount.

FINANCIAL IMPACT
There will be no net fiscal impact to the City’s budget to receive and spend the donations for these programs. A budget amendment is attached that would allow the receipt of donations and a corresponding expenditure.

STRATEGIC PLAN ANALYSIS
This action supports:

Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors”, Subsection C. “Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States.” Attachments

1. Resolution No. 2023-57 (budget adjustment)
CITY OF CRESCENT CITY RESOLUTION NO. 2023-57 Page 1
RESOLUTION NO. 2023-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of
June 2023; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the Chief of Police has secured a donation to support Volunteer K9 program and the Cadet Program; and
WHEREAS, the maintenance of the Volunteer K9 program and the Cadet Program using donated funds requires an amendment to the adopted budget.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:

That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Fund Revenue Increase
(Decrease)
Expenditure Increase
(Decrease)
General
Fund

$2,001

$2,001
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 24th day of July 2023, 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: MARTHA D. RICE, CITY ATTORNEY
DATE: JULY 24, 2023
SUBJECT: DISPOSITION AND DEVELOPMENT AGREEMENT WITH DANCO

COMMUNITIES FOR LOW-INCOME SENIOR HOUSING PROJECT AT
655 H STREET
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2023-58, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY DECLARING CERTAIN REAL

PROPERTY AS EXEMPT SURPLUS LAND AND APPROVING A

DEVELOPMENT AND DISPOSITION AGREEMENT WITH DANCO
COMMUNITIES FOR LOW-INCOME SENIOR HOUSING.

CEQA determination: the resolution includes a determination that the project is exempt from CEQA as in-fill development pursuant to Section 15332 of the State CEQA Guidelines.

BACKGROUND
In 2011, the Redevelopment Agency of the City of Crescent City (the “RDA”) acquired the property known as the El Patio Motel located at 655 H Street (APN 118-170-002-000) (the “Property”), with the intent of redeveloping the Property with an affordable housing project. Pursuant to AB 1X 26, the subsequently adopted AB 1484 (collectively, the “Dissolution Act”), and the decision of the California Supreme Court in California Redevelopment Association et al., v. Ana Matosantos, et al., all redevelopment agencies throughout the State were deemed dissolved on February 1, 2012. However, pursuant to the authority provided in Health and Safety Code Section 34176, as enacted by AB 1X 26, the City Council adopted Resolution No. 2012-04 electing to retain all the housing assets, and functions previously performed by the Redevelopment Agency and transferring all rights, powers, duties and obligations of the Redevelopment Agency to the

DANCO DISPOSITION AND DEVELOPMENT AGREEMENT
JULY 24, 2023
2 City. Thereafter, the Property was transferred to the City as a housing asset to be used for development of an affordable housing project.

In 2015, the City entered into a disposition and development agreement (DDA) with Danco Communities (“Danco”) for the construction of a 27-unit low-income senior housing project (the “Project”) at the Property. The DDA set forth the terms of the transaction and obligations of the developer, however, the developer is only obligated to construct the project if it gets sufficient financing. Danco applied for tax credit financing for several years, but was not selected and therefore, the Project has yet to be constructed.

In 2017, the Crescent City Housing Authority approved the commitment of 26 project based vouchers (PBV) to the Project. That commitment has since expired and Danco will be applying for a new commitment of 26 PBV, which will be officially awarded at an August meeting of the Housing Authority.

ITEM ANALYSIS
In late fall of 2022, City staff was made aware less than a week before the deadline that the Project could be submitted for a Competitive Permanent Local Housing Allocation grant funded by SB 2. The City and Danco submitted a $5 million application. A couple of months later, the City was notified that it was awarded the full $5 million for the Project.

Although the City and Danco had a DDA for several years, it is now expired. At the time that the original DDA was drafted, the City Attorney had a conflict of interest due to the proximity of the firm’s law office to the Project. Thus, the City used special outside counsel from Best Best & Krieger to draft the DDA and work on the Project. The current in-house City Attorney has no conflict of interest with the Project and has reviewed and updated the DDA for the Council’s consideration.

The resolution presented to the Council this evening will (1) declare the property to be exempt surplus, (2) approve the DDA, and (3) find the project to be CEQA exempt as infill development. Because the property will be used to provide affordable housing to verylow and low-income households, the property may be transferred without competitive process (“exempt surplus”).

The Surplus Land Act exempts certain properties from the requirement to advertise and notice the availability of the property (Gov. Code § 54221). Included in the list of exempt properties is properties that are to be utilized for the development of affordable housing projects in accordance with Government Code § 37364, which requires that not less than 40% of the housing units must be affordable to households whose incomes are ≤ 75% of the maximum income of lower income households, and at least half of which must be affordable to very low-income households. The Project meets these criteria.

The terms of the DDA are summarized as follows:
• The City, as the successor housing entity to the RDA, agrees to sell the Property to developer for the 2022 appraised value of $160,000.

DANCO DISPOSITION AND DEVELOPMENT AGREEMENT
JULY 24, 2023
3 • Developer agrees to pay the City $750,000 in development impact fees in addition to the purchase price, all payable over 55 years at 3% interest. A note in the amount of $910,000 will be secured by a deed of trust on the property. • The City agrees to subordinate the note to any construction and permanent loan, or alternative financing, required to construct the Project. • The City will apply the $5 million CPLHA grant to the Project (project-specific grant).
• The property will be restricted for 55 years to the affordability requirements by the recording of a housing covenant.
• The closing of the deal is contingent upon Danco receiving adequate financing to fund the project (total development cost estimated at $9.8 million). Developer will pay all escrow fees.
• Construction is to commence within 30 days after the transfer of the Property and is to be completed within 18 months.

Danco will be submitting a tax credit financing application on August 8th for the Project.

This is expected to be the most competitive application yet, with the inclusion of the $5 million competitive PLHA award.

FISCAL ANALYSIS
Per the DDA, the City will receive $910,000 ($160,000 purchase price for the land plus $750,000 development impact fees) payable over 55 years at 3% interest. These payments will come out of residual revenues from project. All money received will go back into the City’s successor housing fund. In addition, the City received $5 million in CLPHA funds that could be used as either a grant or a loan to fund the project. The City and Danco will determine which funding mechanism will make the project more competitive for tax credit financing or other funding necessary to bring the project to fruition. If it is determined that a loan is the best choice, then the note will be secured by the same deed of trust as the $910,000 note. In addition, out of the $5 million (whether grant or loan), the City will receive $250,000 to go toward administrative activities and oversight of the project. All payments received will be go into the City’s successor housing fund to be used to assist additional affordable housing projects.

STRATEGIC PLAN ASSESSMENT
GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
A. Evaluate and optimize additional revenue sources;
B. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities.

ATTACHMENTS

1. Resolution No. 2023-58
• Disposition and Development Agreement
CITY OF CRESCENT CITY RESOLUTION NO. 2023-58 Page 1
RESOLUTION NO. 2023-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY

DECLARING CERTAIN REAL PROPERTY AS EXEMPT SURPLUS LAND AND

APPROVING A DEVELOPMENT AND DISPOSITION AGREEMENT WITH DANCO

COMMUNITIES FOR LOW-INCOME SENIOR HOUSING
WHEREAS, in 2011, prior to the dissolution of the Redevelopment Agency of the City of Crescent City (the “RDA”), the RDA acquired the property known as the El Patio Motel located at 655 H Street (APN 118-170-002-000) (the “Property”), with the intent of redeveloping the Property with a low-to-moderate income housing project; and WHEREAS, upon dissolution of the RDA in February 2012, the City elected to assume the housing functions of the former RDA, and with the approval of the Oversight Board and State Department of Finance, the housing assets of the former RDA have been transferred to the City, including the Property; and
WHEREAS, DANCO Communities (“DANCO”) proposes to construct a 27-unit low-income senior housing apartment complex, with associated amenities (the “Housing Project”), on the Property; and
WHEREAS, the City and DANCO have negotiated that certain Disposition and Development Agreement for the Property (the “DDA”) which sets forth the terms and conditions pursuant to which DANCO will acquire the Property from the City for development of the Housing Project; and
WHEREAS, the affordable low-income housing commitments contained in the DDA qualify the property as “exempt surplus land” under the Surplus Land Act (Government Code Section 54221(f)(1)); and
WHEREAS, approval of the DDA and the contemplated conveyance are categorically exempt from the California Environmental Quality Act (“CEQA”) as an in-fill development project as described in State CEQA Guidelines Section 15332.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY, CALIFORNIA AS FOLLOWS:

1. RECITALS. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

2. DECLARATION OF EXEMPT SURPLUS LAND. The City Council finds that the proposed transaction contains the low-income housing commitments set forth in Government Code Section 37364 and therefore the property known as 655 H Street (APN 118-017-002-000) is hereby declared to be exempt surplus land of the City of Crescent City.

CITY OF CRESCENT CITY RESOLUTION NO. 2023-58 Page 2

3. APPROVAL OF DISPOSITION AND DEVELOPMENT AGREEMENT. The City Council hereby approves and authorizes execution of the DDA by the City Manager on behalf of the City Council in substantially the same form as that DDA attached hereto and incorporated herein by reference. Minor changes approved by the City Manager and City Attorney are allowed without additional Council approval.

4. IMPLEMENTATION OF DDA. The City Manager is hereby authorized and directed to take any actions and execute any and all documents determined by the City Manager to be necessary to implement the DDA.

5. NOTICE OF EXEMPTION. The City Council here by directs staff to file a notice of Exemption for the execution of the DDA as an in-fill development project as described in State CEQA Guidelines Section 15332.

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 24th day of July 2023 by the following polled vote:

AYES:

NOES:

ABSTAIN :

ABSENT:
_______________________________
Isaiah Wright, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk

DISPOSITION AND DEVELOPMENT AGREEMENT
By and Between

CITY OF CRESCENT CITY
a municipal corporation of the State of California
and

DANCO COMMUNITIES
a California corporation
[655 H Street / Low-Income Senior Housing Project]
i

TABLE OF CONTENTS
Page
I. [§100] SUBJECT OF AGREEMENT ....................................................................................1 A. [§101] Purpose of This Agreement ...............................................................................1 B. [§102] The Site..............................................................................................................1 C. [§103] Parties to This Agreement .................................................................................2

1. [§104] The City.....................................................................................................2

2. [§105] The Developer...........................................................................................2 II. [§200] DISPOSITION OF THE SITE....................................................................................3 A. [§201] Sale and Purchase ..............................................................................................3 B. [§202] Escrow ...............................................................................................................3 C. [§203] Conveyance of Title and Delivery of Possession ..............................................5 D. [§204] Form of Grant Deed...........................................................................................6 E. [§205] Condition of Title ..............................................................................................6 F. [§206] Time for and Place of Delivery of Grant Deed, Note, Deed of Trust and Affordable Housing Covenant ....................................................................6 G. [§207] Recordation of Grant Deed, Deed of Trust and Affordable Housing Covenant............................................................................................................7 H. [§208] Title Insurance ...................................................................................................7 I. [§209] Taxes and Assessments .....................................................................................7 J. [§210] Conveyance Free of Possession.........................................................................7 K. [§211] Zoning of the Site ..............................................................................................8 L. [§212] Inspections; Condition of the Site .....................................................................8 M. [§213] Preliminary Work by the Developer................................................................11 N. [§214] Evidence of Financing.....................................................................................11 O. [§215] Conditions of Closing......................................................................................11 P. [§216] Representations and Warranties ......................................................................13 III. [§300] FINANCING; AFFORDABLE HOUSING COVENANT.......................................14 A. [§301] Financing .........................................................................................................14 B. [§302] Affordable Housing Covenant.........................................................................15 C. [§303] Subordination of City Loan, Affordable Housing Covenant...........................15 IV. [§400] DEVELOPMENT OF THE SITE.............................................................................15 A. [§401] Development of the Site ..................................................................................15

1. [§402] Scope of Development ............................................................................15

2. [§403] Basic Concept Drawings.........................................................................16 ii

3. [§404] Construction Plans, Drawings and Related Documents..........................16

4. [§405] City Approval of Plans, Drawings and Related Documents...................16

5. [§406] Cost of Construction................................................................................17

6. [§407] Construction Schedule.............................................................................17

7. [§408] Insurance .................................................................................................17

8. [§409] City and Other Governmental Agency Permits.......................................19

9. [§410] Rights of Access......................................................................................19

10. [§411] Local, State and Federal Laws ................................................................19

11. [§412] Antidiscrimination During Construction.................................................19 B. [§413] Taxes, Assessments, Encumbrances and Liens...............................................19 C. [§414] Prohibition Against Transfer of Site, the Buildings or Structures Thereon and Assignment of Agreement..........................................................20 D. [§415] Security Financing; Rights of Holders ............................................................20

1. [§416] No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases-Back or Other Financing for Development .................................20

2. [§417] Holder Not Obligated to Construct Improvements.................................21

3. [§418] Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure................................................................21

4. [§419] Failure of Holder to Complete Improvements ........................................22

5. [§420] Right of City to Cure Mortgage, Deed of Trust or Other Security Interest Default ........................................................................................22 E. [§421] Right of the City to Satisfy Other Liens on the Site After Title Passes ..........22 F. [§422] Certificate of Completion ................................................................................23 V. [§500] USE OF THE SITE...................................................................................................24 A. [§501] Units.................................................................................................................24 B. [§502] Property Management; Maintenance of the Project ........................................24 C. [§503] Obligation to Refrain From Discrimination ....................................................25 D. [§504] Form of Nondiscrimination and Nonsegregation Clauses...............................25 E. [§505] Effect and Duration of Covenants...................................................................27 F. [§506] Rights of Access – Public Improvements and Facilities .................................27 VI. [§600] DEFAULTS, REMEDIES AND TERMINATION..................................................27 A. [§601] Defaults – General...........................................................................................27 B. [§602] Legal Actions...................................................................................................28

1. [§603] Institution of Legal Actions.....................................................................28

2. [§604] Applicable Law .......................................................................................28

3. [§605] Acceptance of Service of Process ...........................................................28 C. [§606] Rights and Remedies are Cumulative..............................................................28 D. [§607] Damages ..........................................................................................................29 iii
E. [§608] Specific Performance.......................................................................................29 F. [§609] Remedies and Rights of Termination Prior to Conveyance ............................29

1. [§610] Termination by the Developer.................................................................29

2. [§611] Termination by the City ..........................................................................29 G. [§612] Remedies following Conveyance - Option to Repurchase, Reenter and Repossess.........................................................................................................30 VII. [§700] GENERAL PROVISIONS........................................................................................31 A. [§701] Notices, Demands and Communications Between the Parties........................31 B. [§702] Conflicts of Interest .........................................................................................32 C. [§703] Nonliability of City Officials and Employees.................................................32 D. [§704] Enforced Delay; Extension of Times of Performance....................................32 E. [§705] Inspection of Books and Records....................................................................32 F. [§706] Plans and Data .................................................................................................33 G. [§707] Attorneys' Fees ................................................................................................33 VIII. [§800] SPECIAL PROVISIONS ..........................................................................................33 A. [§801] Submission of Documents to the City for Approval .......................................33 B. [§802] Amendments to this Agreement ......................................................................33 IX. [§900] ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS................................33 X. [§1000] TIME FOR ACCEPTANCE OF AGREEMENT BY City.....................................34 iv
Attachments
Attachment No. 1 Map of the Site
Attachment No. 2 Legal Description of the Site
Attachment No. 3 Schedule of Performance
Attachment No. 4 Scope of Development
Attachment No. 5 Form of Grant Deed
Attachment No. 6-A Affordable Housing Covenant and
Restrictions on Sale
Attachment No. 6-B Notice of Affordability
Attachment No. 7 Form of Certificate of Completion
Attachment No. 8 Form of Note
Attachment No. 9 Form of Deed of Trust

DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT ("Agreement") is entered into as of ___________, 2023, by and between the CITY OF CRESCENT CITY, a municipal corporation of the State of California, acting in its capacity as the successor housing entity to the Redevelopment Agency of the City of Crescent City (the "City") and DANCO COMMUNITIES, a California corporation (the "Developer"). The City and the Developer agree as follows:

I. [§100] SUBJECT OF AGREEMENT
A. [§101] Purpose of This Agreement
In implementation of the Redevelopment Plans for Redevelopment Project Areas No. 1 and No. 2, the Redevelopment Agency of the City of Crescent City (the “Redevelopment Agency”) acquired certain real property (the “Site”) for the purpose of creating affordable housing opportunities for households of low income levels within the City’s boundaries. Pursuant to AB 1X 26, the subsequently adopted AB 1484 (collectively, the “Dissolution Act”), and the decision of the California Supreme Court in California Redevelopment Association et al., v. Ana Matosantos, et al., all redevelopment agencies throughout the State were deemed dissolved on February 1, 2012. However, pursuant to the authority provided in Health and Safety Code Section 34176, as enacted by AB 1X 26, the City Council adopted Resolution No. 2012-04 electing to retain all the housing assets, and functions previously performed by the Redevelopment Agency and transferring all rights, powers, duties and obligations of the Redevelopment Agency to the City.

In furtherance of the goal to provide additional affordable housing units within the City, the City, as the successor housing entity to the Redevelopment Agency, desires to sell the Site to the Developer for purposes of development of a low-income senior housing project, as more fully described below.

The development of the Site pursuant to this Agreement and the fulfillment generally of this Agreement are in the vital and best interests of the City, and the health, safety, morals and welfare of its residents and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements.

B. [§102] The Site
The Site is shown on the "Map of the Site" (Attachment No. 1) and is more particularly described in the "Legal Description of the Site" (Attachment No. 2). The Site consists of approximately 0.6 acres of land, located generally at 655 H Street, Crescent City, California (APN 118-170-002-000).

The Site will be improved with a low-income senior housing project (the "Housing Project") consisting of approximately twenty-seven (27) apartment units (each a "Unit"), a portion of which shall be rented to persons qualified as Eligible Households, as provided in Section 501 of this Agreement, and associated amenities.
2 C. [§103] Parties to This Agreement

1. [§104] The City
The City is a municipal corporation of the State of California, acting in its capacity as the successor housing entity to the former Redevelopment Agency of the City of Crescent City under the Dissolution Act. The office of the City is located at 377 J Street, Crescent City, CA 95531. "City," as used in this Agreement, includes the City and any assignee of or successor to its rights, powers and responsibilities.

2. [§105] The Developer
The Developer is DANCO COMMUNITIES, a California corporation. The principal office of the Developer is located at 5251 Ericson Way, Arcata, California 95521.

Wherever the term "Developer" is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided.

The qualifications and identity of the Developer are of particular concern to the City, and it is because of such qualifications and identity that the City has entered into this Agreement with the Developer. No voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. This Agreement may be terminated by the City pursuant to Section 611 hereof if there is any significant change (voluntary or involuntary) in the composition, management or control of the Developer without the prior written approval of the City, except as permitted below.

City approval of an assignment of this Agreement or change of control or composition of Developer shall not be required, and no right of termination shall arise, in connection with any of the following:
(a) any transfer to a limited partnership (the “Partnership”) in which an affiliate of the Developer is a general partner. “Affiliate” shall mean a corporation wherein Developer has a right to exercise, directly or indirectly, more than 50% of the voting rights attributable to the shares of the controlled corporation, and with respect to an entity that is not a corporation, the possession, directly or indirectly, of the power to direct, or cause the direction of, the management or policies of the controlled entity; (b) the admission of a tax credit investor to such limited partnership, any subsequent transfer of such tax credit limited partnership interest, and any removal and replacement of the general partner of the limited partnership by its tax credit limited partner in accordance with its partnership agreement (which partnership agreement shall be subject to review and approval by the City).

An assignment pursuant to subsection (a) above shall not be effective unless and until the proposed assignee or transferee executes and delivers to the City an agreement in form 3 reasonably satisfactory to City’s legal counsel assuming the obligations of the Developer under this Agreement.

Except as specifically authorized by this Agreement, the Developer shall not assign all or any part of this Agreement without the prior written approval of the City.

II. [§200] DISPOSITION OF THE SITE
A. [§201] Sale and Purchase
In accordance with and subject to all the terms, covenants and conditions of this Agreement, the City agrees to sell, and the Developer agrees to purchase for development, the Site.

The purchase price for the Site shall be ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00) (“Purchase Price”), which amount is equal to the fair market value of the Site based on an appraisal (“Appraisal”) prepared by Andy Burger, MAI, AI-GRS, Burger Valuation Consultants, Inc.

The Developer shall execute and deliver into escrow a promissory note (the "Note") in favor of the City in a principal balance equal to the Purchase Price. The Note shall be secured by a deed of trust (the "Deed of Trust") which shall be recorded against the Site upon close of escrow. As a condition to and concurrently with the close of escrow for conveyance of the Site to the Developer, the Developer shall execute and deliver the Note and the Deed of Trust into escrow in forms substantially as set forth in Attachment Nos. 8 and 9, respectively, hereto. The Note shall require the Developer to repay the City over a fifty-five (55) year term, from residual receipts from the Housing Project, with simple interest to be accrued at three percent (3%) per annum, or such greater rate of interest as required by the Developer’s tax credit investor, all as more fully set forth in the Note; provided, however, the City agrees to cooperate with the Developer, and the City Manager shall have the authority, to approve any reasonable modifications to the terms for repayment of the Note that may be required by the terms of any Tax Credit Financing secured by the Developer for the Housing Project as referenced in Section 301 of this Agreement.

The Developer acknowledges and understands that the Site will be conveyed to the Developer for purposes of development pursuant to this Agreement and not for speculation in undeveloped land.

B. [§202] Escrow
The City agrees to open an escrow with First American Title Company in Visalia, CA, or any other escrow company approved by the City and the Developer, as escrow agent (the "Escrow Agent"), in or serving Crescent City, California, within the time established in the Schedule of Performance (Attachment No. 3). This Agreement constitutes the joint escrow instructions of the City and the Developer, and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of escrow. The City and the Developer shall provide such additional escrow instructions as shall be necessary and consistent with this Agreement. The Escrow Agent hereby is empowered to act under this Agreement and, upon indicating its acceptance of the provisions of this Section 202 in writing, delivered to the City and 4 to the Developer within five (5) days after the opening of the escrow, shall carry out its duties as Escrow Agent hereunder.

The Developer shall deposit with the Escrow Agent the Note and the Deed of Trust for the Site in accordance with the provisions of Section 207 of this Agreement. The Developer shall also deposit with the Escrow Agent the Affordable Housing Covenant provided for under Section 302 of this Agreement.

The Developer shall be responsible for payment of all escrow fees, charges and closing costs for the conveyance of the Site to the Developer, except those costs to be paid by City as specifically set forth below. Developer shall pay in escrow to the Escrow Agent all such fees, charges and costs promptly after the Escrow Agent has notified the Developer of the amount of such fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for the close of escrow.

The City shall timely and properly execute, acknowledge and deliver a deed conveying to the Developer title to the Site in accordance with the requirements of Section 204 of this Agreement.

The City shall pay in escrow to the Escrow Agent the following costs promptly after the Escrow Agent has notified the City of the amount of such costs, if any, but not earlier than ten (10) days prior to the scheduled date for the close of escrow:

1. Costs necessary to place the title to the Site in the condition for conveyance required by the provisions of this Agreement; and

2. Ad valorem taxes, if any, upon the Site for any time prior to conveyance of title.

Upon delivery of a deed to the Escrow Agent by the City pursuant to Section 206 of this Agreement, the Escrow Agent shall record such deed when title can be vested in the Developer in accordance with the terms and provisions of this Agreement. The Escrow Agent shall buy, affix and cancel any transfer stamps required by law and pay any transfer tax required by law. Any insurance policies governing the Site are not to be transferred.

The Escrow Agent is authorized to:

1. Pay and charge the City and the Developer, respectively, for any fees, charges and costs payable under this Section 202. Before such payments are made, the Escrow Agent shall notify the City and the Developer of the fees, charges and costs necessary to clear title and close the escrow;

2. Disburse funds and deliver the deed and other documents to the parties entitled thereto when the conditions of this escrow have been fulfilled by the City and the Developer; and
5 3. Record any instruments delivered through this escrow, if necessary or proper, to vest title in the Developer in accordance with the terms and provisions of this Agreement.

All funds received in this escrow shall be deposited by the Escrow Agent with other escrow funds of the Escrow Agent in a general escrow account or accounts with any state or national bank doing business in the State of California. Such funds may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. All adjustments shall be made on the basis of a thirty (30) day month.

If this escrow is not in condition to close before the time for conveyance established in Section 203 of this Agreement, either party who then shall have fully performed the acts to be performed before the conveyance of title may, in writing, terminate this Agreement in the manner set forth in Section 610 or 611 hereof, as the case may be, and demand the return of its money, papers or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate in the manner set forth in Section 610 or 611 hereof, as the case may be.

If neither the City nor the Developer shall have fully performed the acts to be performed before the time for conveyance established in Section 203, no termination or demand for return shall be recognized until ten (10) days after the Escrow Agent shall have mailed copies of such demand to the other party or parties at the address of its or their principal place or places of business. If any objections are raised within the ten (10) day period, the Escrow Agent is authorized to hold all money, papers and documents with respect to the Site until instructed in writing by both the City and the Developer or upon failure thereof by a court of competent jurisdiction. If no such demands are made, the escrow shall be closed as soon as possible. Nothing in this Section 202 shall be construed to impair or affect the rights or obligations of the City or the Developer to specific performance.

Any amendment of these escrow instructions shall be in writing and signed by both the City and the Developer. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment.

All communications from the Escrow Agent to the City or the Developer shall be directed to the addresses and in the manner established in Section 701 of this Agreement for notices, demands and communications between the City and the Developer.

The liability of the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Sections 202 to 208, both inclusive, of this Agreement.

Neither the City nor the Developer shall be liable for any real estate commissions or brokerage fees that may arise herefrom. The City and the Developer each represent that neither has engaged any broker, agent or finder in connection with this transaction.

C. [§203] Conveyance of Title and Delivery of Possession Provided that the Developer is not in default under this Agreement and all conditions precedent to such conveyance have occurred, and subject to any mutually agreed upon extensions of time, conveyance to the Developer of title to the Site shall be completed on or prior 6 to December 31, 2026. The City and the Developer agree to perform all acts necessary to conveyance of title in sufficient time for title to be conveyed in accordance with the foregoing provisions. The date set forth in this Section 203 for conveyance of title of the Site to the Developer may be extended by mutual agreement of the parties, to the extent the parties agree that any such extension is reasonable and necessary for the parties to complete all actions necessary to effectuate such conveyance in accordance with the other terms and conditions set forth in this Agreement. The City Manager shall have the authority to authorize any such extension on behalf of the City.

Possession shall be delivered to the Developer concurrently with the conveyance of title, except that limited access may be permitted before conveyance of title as permitted in Section 213 of this Agreement. The Developer shall accept title and possession on or before said date.

D. [§204] Form of Grant Deed
The City shall convey to the Developer title to the Site in the condition provided in Section 205 of this Agreement by grant deed in substantially the form set forth in Attachment No. 5.

E. [§205] Condition of Title
Within the times set forth in the Schedule of Performance (Attachment No. 3), the City shall submit a Preliminary Title Report for the Site to the Developer for approval. Developer shall approve or disapprove the Preliminary Title Report within fifteen (15) days from the time of receipt. Failure by the Developer to either approve or disapprove the conditions of title within such time shall be deemed an approval. If the condition of title is not acceptable to Developer, the City shall have thirty (30) days to eliminate exceptions to title. If City is unable to eliminate exceptions to title, Developer may either terminate this Agreement pursuant to Section 510, or accept the conditions of title.

The City shall convey to the Developer fee simple title to the Site free and clear of all recorded liens, encumbrances, assessments, leases and taxes except as are consistent with this Agreement and as approved by the Developer pursuant to this Section 205.

F. [§206] Time for and Place of Delivery of Grant Deed, Note, Deed of Trust and Affordable Housing Covenant
Subject to any mutually agreed upon extensions of time, the City shall deposit the grant deed for the Site and the Developer shall deposit the executed Note and Deed of Trust, (provided for under Section 201 and 301) and the Affordable Housing Covenant (provided for under Section 302) and additional instructions relating to the Site with the Escrow Agent on or before the date established for the conveyance of the Site in the Schedule of Performance (Attachment No. 3).
7 G. [§207] Recordation of Grant Deed, Deed of Trust and Affordable Housing Covenant Upon the close of escrow, the Escrow Agent shall file the grant deed, Deed of Trust, and Affordable Housing Covenant for recordation among the land records in the Office of the County Recorder of Del Norte County, shall deliver the Note to the City and shall deliver to the Developer and City (with a copy to the other party) the respective title insurance policies insuring title and the priority of liens in conformity with Section 208 of this Agreement.

H. [§208] Title Insurance
Concurrently with recordation of the grant deed, Crescent Land Title Company, or some other title insurance company satisfactory to the City and the Developer having equal or greater financial responsibility ("Title Company"), shall provide and deliver to the Developer a title insurance policy issued by the Title Company insuring that title is vested in the Developer in the condition required by Section 205 of this Agreement. The Title Company shall provide the City with a copy of the title insurance policy, and the title insurance policy shall be in the amount of the Purchase Price of the Site.

At the same time, the Title Company shall provide and deliver to the City a standard form lender's policy of title insurance, in the principal amount of the Note, insuring the City of the validity and the priority of the lien of the Deed of Trust upon the Site, subject only to matters of record approved by the City in writing, and containing such endorsements as are reasonably requested by the City. The Title Company shall provide the Developer with a copy of such lender's policy issued to the City.

The Developer shall pay for all premiums for title insurance coverage or special endorsements.

Concurrently with the recording of the grant deed conveying title to the Site, the Title Company shall, if requested by the Developer, provide the Developer with a title policy that insures the amount of the Developer's estimated development costs of the improvements to be constructed upon the Site. The Developer shall pay the entire premium for any such increase in coverage requested by it.

I. [§209] Taxes and Assessments
Ad valorem taxes and assessments, if any, on the Site, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to conveyance of title shall be borne by the City. All such ad valorem taxes and assessments levied or imposed for any period commencing after closing of the escrow shall be paid by the Developer.

J. [§210] Conveyance Free of Possession
Except as otherwise provided in the Scope of Development (Attachment No. 4), the Site shall be conveyed free of any possession or right of possession by any person except that of the Developer and the easements of record.
8 K. [§211] Zoning of the Site
The Site is currently zoned C-1 (Downtown Business) District, and the General Plan land use designation is Business Professional (BP). Multi-family residential facilities are expressly permitted within the Business Professional (BP) land use designation. The zoning and land use designation allow for development of up to twenty-seven (27) residential units on the Site.

L. [§212] Inspections; Condition of the Site

1. Inspections. Within the time established in the Schedule of Performance (Attachment No. 3), the Developer shall conduct its own investigation of the Site (or portion thereof being conveyed), its physical condition, the soils and toxic conditions of the Site and all other matters which in the Developer's judgment affect or influence the Developer's proposed use of the Site and the Developer's willingness to develop the Site pursuant to this Agreement. The Developer's investigation may include, without limitation, the preparation by a duly licensed soils engineer of a soils report and environmental report for the Site. Within the time set forth in the Schedule of Performance (Attachment No. 3), the Developer shall provide written notice to the City of the Developer's determinations concerning the suitability of the physical condition of the Site. If, in the Developer's reasonable judgment, the physical condition of the Site is unsuitable for the use or uses to which the Site will be put, then the Developer shall have the option either: to (a) take any action necessary to place the Site in a condition suitable for development, at no cost to the City; or (b) terminate this Agreement pursuant to the provisions of Section 610. If the Developer has not notified the City of its determinations concerning the suitability of the physical condition of the Site within the time set forth in the Schedule of Performance (Attachment No. 3), the Developer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section.

2. "As Is." The City shall deliver to the Developer all information of which it has actual knowledge concerning the physical condition of the Site, including, without limitation, information about any Hazardous Materials, as defined below. The Developer
acknowledges and agrees that any portion of the Site that it acquires from the City pursuant to this Agreement shall be purchased "as is," in its current physical condition, with no warranties, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous Materials thereon or therein, and any other matters affecting the Site.
9 3. Indemnity. The Developer agrees, from and after the date of recording of the deed conveying title to the Site from the City to the Developer under this Agreement, to defend, indemnify, protect and hold harmless the City and its officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns ("Indemnities") from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, Environmental Response Actions (as defined herein), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as defined herein) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), ("Damages") arising after the Close of Escrow, resulting from or in connection with the actual or claimed generation, storage, handling, transportation, use, presence, placement, migration and/or release of Hazardous Materials (as defined herein), at, on, in, beneath or from the Site (sometimes herein collectively referred to as
"Contamination"), except if such Damages result from the active negligence, willful misconduct, fraud, misrepresentation or failure to disclose by the Indemnities. The Developer's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the Contamination, at the Developer's sole cost.

4. Release and Waiver. The Developer hereby releases and waives all rights, causes of action and claims the Developer has or may have in the future against the Indemnities arising out of or in connection with any Hazardous Materials (as defined herein), at, on, in, beneath or from the Site, except if such cause of action arises from the active negligence, willful misconduct, fraud or misrepresentation or failure to disclose by the City. In furtherance of the intentions set forth herein, the Developer acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California which provides as follows:
"A general release does not extend to claims which
the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if
known by him must have materially affected his
settlement with the debtor."
The Developer hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or nonstatutory law of any other applicable jurisdiction to the full 10 extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section 212.

5. Definitions.
a. As used in this Agreement, the term "Environmental
Response Actions" means any and all activities, data
compilations, preparation of studies or reports, interaction with environmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities or responses to inquiries and notice letters, as may be sought, initiated or required in connection with any local, state or federal governmental or private party claims, including any claims by the Developer.
b. As used in this Agreement, the term "Environmental
Response Costs" means any and all costs associated with Environmental Response Actions including, without
limitation, any and all fines, penalties and damages.
c. As used in this Agreement, the term "Hazardous
Materials" means any substance, material or waste that is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or
"restricted hazardous waste" under any provision of
California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to
Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321) or listed pursuant to
Section 307 of the Clean Water Act (33 U.S.C.

Section 1317); (7) defined as a "hazardous substance"
pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property. Notwithstanding the foregoing,
“Hazardous Materials” shall not include any chemical,
compound, material, mixture or substance used in the normal course of constructing or operating an apartment complex, 11 so long as such chemical, compound, material, mixture or substance is used in accordance with environmental laws.

6. Materiality. The Developer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of the Developer for the benefit of the City set forth in this Agreement are a material element of the consideration to the City for the performance of its obligations under this Agreement, and that the City would not have entered this Agreement unless the Developer's obligations were as provided for herein.

M. [§213] Preliminary Work by the Developer
Prior to the conveyance of title from the City, representatives of the Developer shall have the right of access to the Site at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. The Developer shall hold the City harmless from any injury or damages arising out of any activity pursuant to this section. The Developer shall have access to all data and information on the Site available to the City, but without warranty or representation by the City as to the completeness, correctness or validity of such data and information.

Any preliminary work undertaken on the Site by the Developer prior to conveyance of title thereto shall be done only after written consent of the City and at the sole expense of the Developer. The Developer shall save and protect the City against any claims resulting from such preliminary work, access or use of the Site. Copies of data, surveys and tests obtained or made by the Developer on the Site shall be filed with the City. Any preliminary work by the Developer shall be undertaken only after securing any necessary permits from the appropriate governmental agencies.

N. [§214] Evidence of Financing
As set forth in Section 301, below, the Developer intends to apply for and secure tax credit financing and other commitments for financing for development of the Site. No later than the time specified in the Schedule of Performance (Attachment No. 3), the Developer shall submit to the City evidence satisfactory to the City that the Developer has any required equity capital and conditional commitments for construction financing necessary for development of the Site, subject to such conditions as are normally and reasonably imposed in connection with such financing commitments.

O. [§215] Conditions of Closing
The close of escrow (the "Close of Escrow") is conditioned upon the satisfaction of the following terms and conditions within the times designated below:

1. City Conditions to Close of Escrow. City's obligation to proceed with the Close of Escrow and convey the Site is subject to the fulfillment or waiver by City of each and all of the conditions precedent a. through g., inclusive, described below ("City's Conditions 12 Precedent"), which are solely for the benefit of City, and which shall be fulfilled or waived by the time period provided herein:
a. No Default. Before the Close of Escrow, Developer shall not be in default of any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. b. Execution of Documents. The Developer shall have executed the Note, the Deed of Trust, the Affordable Housing Covenant and any other documents required hereunder and delivered into Escrow.
c. Payment of Funds. Before the Close of Escrow, Developer shall have paid all required costs into Escrow in accordance with Section 202, hereof. d. Title Policy. The Title Company shall, upon payment of the Title Company's regularly scheduled premium, have agreed to provide to the City the lender’s title policy upon the Close of Escrow, in accordance with Section 208, hereof.
e. Land Use Approvals. The Developer shall have received approval of all permits that may be required by the City or any governmental agency pursuant to Section 409, hereof. f. Insurance. The Developer shall have provided proof of insurance as required by Section 408, hereof.
g. Financing. As set forth in Section 301, hereof, Developer shall have obtained the necessary Tax Credit Financing and any other financing required for the Housing Project.

2. Developer's Conditions to Close of Escrow. Developer's obligation to proceed with the acquisition of the Site is subject to the fulfillment or waiver by Developer of each and all of the conditions precedent a. through h., inclusive, described below ("Developer's Conditions Precedent"), which are solely for the benefit of Developer, and which shall be fulfilled or waived by the time periods provided for herein:
a. No Default. Before the Close of Escrow, City shall not be in default of any of its obligations under the terms of this Agreement and all representations and warranties of the City contained herein shall be true and correct in all material respects. b. Execution of Documents. The City shall have executed the grant deed and any other documents required hereunder and delivered such documents in Escrow. c. Review and Approval of Title. Developer shall have reviewed and approved the condition of title of the Site, as provided in Section 203, hereof. d. Review and Approval of Soils Conditions of Site. Developer shall have reviewed and approved the soils condition of the Site.
13 e. Title Policy. The Title Company shall, upon payment of the Title Company's regularly scheduled premium, have agreed to provide to the Developer the title policy for the Site upon the Close of Escrow, in accordance with Section 208, hereof. f. Land Use Approvals. The Developer shall have received approval of all permits that may be required by the City or any governmental agency pursuant to Section 409, hereof. g. No Litigation. No litigation shall be pending or threatened by any third parties which seek to enjoin the transaction contemplated herein or to obtain damages in connection with this Agreement.
h. Financing. The Developer shall have obtained the Tax Credit Financing and other financing necessary for the Housing Project, as set forth in Section 301, hereof.

P. [§216] Representations and Warranties

1. City Representations. City represents and warrants to Developer as follows:
a. Authority. City is a municipal corporation of the State of California and is acting in its capacity as the successor housing entity to the former Redevelopment Agency pursuant to the Dissolution Act. City has full right, power and lawful authority to grant, sell and convey the Site as provided herein, and the execution, performance and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of the City. b. FIRPTA. The City is not a "foreign person" within the parameters of FIRPTA or any similar state statute or is exempt from the provisions of FIRPTA or any similar state statute, or that the City has complied and will comply with all the requirements under FIRPTA or any similar state statute.
c. No Conflict. To the best of City's knowledge, City's execution, delivery and performance of its obligations under this Agreement will not constitute a default or breach under any contract, agreement or order to which City is a party or by which it is bound. d. Litigation. There are no claims, causes of action or other litigation or proceedings pending or, to the best knowledge of the City, threatened with respect to the ownership, operation or environmental condition of the Site or any part thereof (including disputes with mortgagees, governmental authorities, utility companies, contractors, adjoining landowners or suppliers of goods and services).

2. Developer's Representations. The Developer represents and warrants to City as follows:
a. Authority. Developer is a duly organized California corporation authorized to do business within the State of California. The copies of the documents evidencing the organization of the Developer which have been delivered to the City are true and complete copies of the originals, as amended to the date of this Agreement. The Developer has full right, power and lawful authority to purchase and accept the conveyance of the Site and undertake and satisfy all obligations as 14 provided herein and the execution, performance, and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of the Developer. b. No Conflict. To the best of Developer's knowledge, Developer's execution, delivery and performance of its obligations under this Agreement will not constitute a default or breach under any contract, agreement or order to which the Developer is a party or by which it is bound. c. No Developer Bankruptcy. The Developer is not the subject of a bankruptcy proceeding. d. Litigation. There are no claims, causes of action or other litigation or proceedings pending or threatened against the Developer, or any affiliate thereof, that would affect Developer's ability to undertake and satisfy all of its obligations pursuant to this Agreement.

Until the Close of Escrow, the Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section not to be true as of the Close of Escrow, immediately give written notice of such fact or condition to the City. Such exception(s) to a representation shall not be deemed a breach of this Agreement by the Developer but shall constitute an exception which City shall have a right to approve or disapprove.

If the City elects to close escrow following disclosure of such information, Developer's representations and warranties shall be deemed to have been made as of the Close of Escrow, subject to the exception(s). If, following the disclosure of such information, the City elects to not close escrow, then this Agreement and the escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities pursuant hereunder. The representations and warranties set forth in this Section shall survive the Close of Escrow.

III. [§300] FINANCING; AFFORDABLE HOUSING COVENANT
A. [§301] Financing
The Developer intends to apply for federal and/or state Low-Income Housing Tax Credits (the "Tax Credit Financing") to cover a portion of the costs of development of the Housing Project. The City was awarded $5 million in permanent local housing assistance (CPLHA) from the State to be loaned or granted to the Partnership or either of its general partners to finance a portion of the development (minus $250,000 for administration) (the “CPLHA Funds”). The structure of the provision of the CPLHA Funds for the Project shall be mutually determined by the City and the Developer and shall be subject to the approval of the Project’s tax credit investor, and the City Manager shall have the authority to approve such terms. Developer also anticipates it may apply for financing through other housing grant and loan programs.

As a condition of the issuance of a building permit for the Project, Developer shall pay City a one-time development fee in the total amount of Seven Hundred Fifty Thousand Dollars ($750,000) that relates to the increase in City services and infrastructure necessitated by the Project (“Development Impact Fee”). Concurrently with the Closing, the City shall make a loan to the Developer in the amount of the Development Impact Fee (“Development Fee Loan”). The Development Fee Loan amount shall be added as a component of the Loan and shall be evidenced by the Note and secured by the Deed of Trust. 15 The Developer shall complete or cause to be completed all actions necessary to secure all approvals and commitments necessary to effectuate the Tax Credit Financing, and all other alternative funding, as the case may be, including construction and/or permanent financing, in an amount satisfactory to complete the development of the Site (all, collectively, the “Developer’s Financing”).

B. [§302] Affordable Housing Covenant
Concurrently with execution of the Note and Deed of Trust, the Developer shall also execute and deliver an affordable housing covenant (the "Affordable Housing Covenant") and a Notice of Affordability Restrictions on Transfer of Property (“Notice of Affordability”) to the City in the forms substantially as set forth in Attachments Nos. 6-A and 6-B, respectively, attached hereto and incorporated herein by reference. The Affordable Housing Covenant and Notice of Affordability shall be recorded against the Site.

C. [§303] Subordination of City Loan, Affordable Housing Covenant The City agrees to subordinate the Deed of Trust provided for in Section 201, above, and the Affordable Housing Covenant provided for in Section 302, above, to the senior construction and permanent loan for the Housing Project, or alternative financing obtained by Developer pursuant to the terms of the subordination agreements and/or other intercreditor agreements that may be entered into by City; provided the total aggregate amount of permanent long-term financing secured by the Developer, together with the Note, shall not exceed the appraised value of the completed Housing Project, unless otherwise approved by the City; and provided, further, that any such subordination shall be subject to the provisions set forth in this Section 303 and paragraph 3 of the Addendum to Deed of Trust (Attachment No. 9). The City shall have the right to review and approve the terms and conditions of any such senior financing, which approval shall not be unreasonably withheld. The City shall have the right to record a request that the City receive notice of any default by the Developer under the Tax Credit Financing or other financing obtained by the Developer with respect to the Housing Project. To implement any such subordination, the City agrees to cooperate with the Developer and the City Manager shall have the authority to execute such subordination agreements and/or intercreditor agreements that may be reasonably required, in form and content approved by the City Attorney.

IV. [§400] DEVELOPMENT OF THE SITE
A. [§401] Development of the Site

1. [§402] Scope of Development
The Site shall be developed as a low-income senior apartment housing project containing not less than twenty-seven (27) Units and associated amenities, pursuant to the terms of this Agreement and the "Scope of Development" attached hereto as Attachment No. 4 and incorporated herein by reference. Developer shall diligently pursue the acquisition of the Site and development of the Housing Project in accordance with the Scope of Development (Attachment No. 4) and in accordance with the "Schedule of Performance" attached hereto as Attachment No. 3 and incorporated herein by reference. Developer's failure to comply with any of the terms set forth 16 in the Scope of Development (Attachment No. 4) or the Schedule of Performance (Attachment No. 3), following notice to Developer and expiration of any applicable cure period provided for hereunder, shall be a default hereunder.

2. [§403] Basic Concept Drawings
The Developer has already applied for and obtained approval of a Use Permit, and parking reduction for the Housing Project (Application No. UP14-01, PR14-01), approved by the City’s Planning Commission on April 10, 2014. Said application also included a Site Plan and architectural renderings for the Housing Project (collectively, the “Basic Concept Drawings”).

The Site shall be developed as generally established in the Basic Concept Drawings and related documents, except as changes may be mutually agreed upon between the Developer and the City. Any such changes shall be within the limitations of the Scope of Development (Attachment No. 4).

3. [§404] Construction Plans, Drawings and Related Documents The Developer shall prepare and submit construction plans, drawings and related documents to the City for written approval as and at the times established in the Schedule of Performance (Attachment No. 3). The construction plans, drawings and related documents shall be submitted in two stages: preliminary and final working drawings. Final drawings and plans are hereby defined as those in sufficient detail to obtain a building permit for the improvements to be constructed on the Site.

The Developer shall also prepare and submit to the City, for its approval, landscaping and grading plans for the Site. Such plans shall be prepared and submitted within the times established in the Schedule of Performance (Attachment No. 3), subject to extensions as are authorized herein or as mutually agreed to by the parties hereto.

During the preparation of all drawings and plans, City staff and the Developer shall hold progress meetings as needed to coordinate the preparation of, submission to and review of construction plans and related documents by the City. The City and the Developer shall communicate and consult informally, as frequently as is necessary, to insure that the formal submittal of any documents to the City can receive prompt and speedy consideration.

If any revisions or corrections of plans approved by the City shall be required by any government official, agency, department or bureau having jurisdiction, or any lending institution involved in financing, the Developer and the City shall cooperate in efforts to obtain a waiver of such requirements or to develop a mutually acceptable alternative.

4. [§405] City Approval of Plans, Drawings and Related Documents The City shall approve or disapprove the plans, drawings and related documents referred to in Section 404 of this Agreement within the times established in the Schedule of Performance (Attachment No. 3). Any disapproval shall state in writing the reasons 17 for disapproval and the changes that the City requests be made. Such reasons and such changes must be consistent with the Scope of Development (Attachment No. 4) and any items previously approved hereunder by the City. The Developer, upon receipt of a disapproval based upon powers reserved by the City hereunder, shall revise such plans, drawings and related documents and resubmit them to the City as soon as possible after receipt of the notice of disapproval, provided that in no case shall the City be entitled to require changes inconsistent with the Scope of Development and any previously approved items.

If the Developer desires to make any substantial change in the construction plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the construction plans, as modified by the proposed change, conform to the requirements of Section 404 of this Agreement, the approvals previously granted by the City under this Section 405 and the Scope of Development (Attachment No. 4), the City shall approve the proposed change and notify the Developer in writing within thirty (30) days after submission to the City. Such change in the construction plans shall, in any event, be deemed approved by the City unless rejected, in whole or in part, by written notice thereof by the City to the Developer setting forth in detail the reasons therefor, and such rejection shall be made within said thirty (30) day period.

5. [§406] Cost of Construction
All costs of developing the Site and constructing all improvements thereon shall be borne by the Developer. The City and the Developer shall each pay the costs necessary to administer and carry out their respective responsibilities and obligations under this Agreement.

6. [§407] Construction Schedule
After the conveyance of title to the Site, the Developer shall promptly begin and thereafter diligently prosecute to completion the construction of the improvements and the development of the Site. The Developer shall begin and complete all construction and development within the times specified in the Schedule of Performance (Attachment No. 3) or such reasonable extension of said dates as may be granted by the City or as provided in Section 704 of this Agreement. The Schedule of Performance is subject to revision from time to time as mutually agreed upon in writing between the Developer and the City.

During the period of construction, but not more frequently than once a month, the Developer shall submit to the City a written progress report of the construction when and as requested by the City. The report shall be in such form and detail as may reasonably be required by the City and shall include a reasonable number of construction photographs taken since the last report submitted by the Developer.

7. [§408] Insurance
a. Workers' Compensation. During the term of this Agreement, Developer shall fully comply with the terms of the laws of the State of California concerning workers' compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Developer may have for Developer's workers' 18 compensation. Said policy shall also include employer's liability coverage no less than $1,000,000 per accident for bodily injury or disease.
b. General Liability Insurance. Developer shall obtain at its sole cost and keep in full force and effect during the term of this Agreement commercial general liability insurance in the amount of $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury, and property damage. Said insurance shall provide (1) that the City, and its officers, agents, employees and volunteers, shall be named as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and that (3) no other insurance effected by the City or other named insureds will be called upon to cover a loss covered thereunder. c. Automobile Liability Insurance. Developer shall obtain at its sole cost and keep in full force and effect during the term of this Agreement automobile liability insurance in the amount of $1,000,000 per occurrence for bodily injury and property damage. Said insurance shall provide (1) that the City, and its officers, agents, employees and volunteers, shall be named as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and that (3) no other insurance effected by the City or other named insureds will be called upon to cover a loss covered thereunder.
d. Course of Construction Insurance. Developer shall obtain or cause its general contractor to obtain at its sole cost and keep in full force and effect during the term of the Agreement Course of Construction insurance with policy limits acceptable to the City, with no coinsurance penalty provisions. The City shall be named as loss payee and the insurer shall waive all rights of subrogation against the City.
e. Contractor Requirements. Developer shall also furnish or cause to be furnished to the City evidence satisfactory to the City that any contractor with whom it has contracted for the performance of work on the Site carries the insurance required of Developer, and in the amounts of coverage specified, and each general contractor shall be required to obtain certification of insurance from all subcontractors.
f. Certificates of Insurance. Developer shall file with City, prior to commencement of construction on the Site or any portion thereof or prior to any access to or entry on the Site as authorized by this Agreement, certificates of insurance which shall provide that no cancellation, material change in coverage, expiration, or nonrenewal will be made during the term of this Agreement, without thirty (30) days written notice to the City Manager prior to the effective date of such cancellation, or change in coverage. Upon notification of receipt by City of a notice of cancellation or major change in coverage, Developer shall, prior to the effective date of policy expiration or reduction in coverage, file with City replacement insurance certificate evidencing the new coverage is substantially the same form and content as previously provided. All insurance shall stipulate that such insurance will operate as primary insurance and that no other insurance effected by the City will be called upon to contribute to a loss suffered by Developer hereunder.

All insurance shall name City as additional insured and/or loss payee, as appropriate. 19 8. [§409] City and Other Governmental Agency Permits Before commencement of construction or development of any buildings, structures or other work of improvement upon the Site (unless such construction, development or work is to be commenced before the conveyance of title), the Developer shall, at its own expense, secure or cause to be secured any and all permits that may be required by the City or any other governmental agency affected by such construction, development or work. The City shall provide all assistance deemed appropriate by the City to the Developer in securing these permits.

9. [§410] Rights of Access
For the purposes of assuring compliance with this Agreement, representatives of the City shall have the reasonable right of access to the Site, without charges or fees and at normal construction hours, during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the improvements. Such representatives of the City shall be those who are so identified in writing by the City Manager. The City shall indemnify the Developer and hold it harmless from any damage caused or liability arising out of this right to access.

10. [§411] Local, State and Federal Laws
The Developer shall carry out the construction of the improvements in conformity with all applicable laws, including all applicable federal and state labor standards.

11. [§412] Antidiscrimination During Construction
The Developer, for itself and its successors and assigns, agrees that in the construction of the improvements provided for in this Agreement, the Developer will not discriminate against any employee or applicant for employment on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code.

B. [§413] Taxes, Assessments, Encumbrances and Liens
The Developer shall pay when due all real estate taxes and assessments assessed and levied on the Site for any period subsequent to conveyance of title to or delivery of possession of the Site. Prior to the issuance of a Certificate of Completion, the Developer shall not place or allow to be placed on the Site any mortgage, trust deed, encumbrance or lien unauthorized by this Agreement. The Developer shall remove or have removed any levy or attachment made on the Site (or any portion thereof), or shall assure the satisfaction thereof, within a reasonable time, but in any event prior to a sale thereunder. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto.

The Developer understands that under certain conditions, its control of the Site or portion thereof under this Agreement may give rise to the imposition of a possessory interest tax 20 on said property, and in such event, the Developer agrees to pay when due any such possessory interest tax.

C. [§414] Prohibition Against Transfer of Site, the Buildings or Structures Thereon and Assignment of Agreement
After conveyance of title and prior to the issuance by the City of a Certificate of Completion pursuant to Section 422, the Developer shall not, except as expressly permitted by this Agreement, sell, transfer, convey, assign or lease the whole or any part of the Site or the buildings or improvements thereon, without the prior written approval of the City. This prohibition with respect to the Site shall not apply subsequent to the issuance of the Certificate of Completion for the Site, except that the Site shall only be sold, transferred, conveyed, assigned or leased in accordance with Sections 501, 502 and 503. This prohibition shall not be deemed to prevent the granting of easements, dedications or permits to facilitate the development of the Site when said improvements are completed.

In the absence of specific written agreement by the City, no such transfer, assignment or approval by the City shall be deemed to relieve the Developer or any other party from any obligations under this Agreement until completion of development as evidenced by the issuance of a Certificate of Completion therefor.

Following transfer of the Site with the City's consent, Developer shall be relieved of all of its obligations hereunder. Any such proposed buyer, transferee, conveyee, assignee or lessee, by instrument in writing satisfactory to the City and in form recordable among the land records, for itself and its successors and assigns, and for the benefit of the City, shall expressly assume all of the obligations of the Developer under this Agreement and agree to be subject to all conditions and restrictions to which the Developer is subject. In the absence of specific written agreement of any proposed buyer, transferee, conveyee, assignee or lessee approved by the City as referred to above, no such sale, transfer, conveyance, assignment or lease, or the approval thereof by the City, shall be deemed to relieve the Developer or any other party from any obligations under this Agreement.

D. [§415] Security Financing; Rights of Holders

1. [§416] No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases-Back or Other Financing for Development
Notwithstanding Sections 413 and 414 of this Agreement, mortgages, deeds of trust, sales and leases-back or any other form of conveyance required for any reasonable method of financing are permitted before issuance of a Certificate of Completion, but only for the purpose of securing loans of funds to be used for financing, the construction of improvements on the Site and any other expenditures necessary and appropriate to develop the Site under this Agreement.

The Developer shall notify the City in advance of any mortgage, deed of trust, sale and lease-back or other form of conveyance for financing if the Developer proposes to enter into the same before issuance of a Certificate of Completion. The Developer shall not enter into any such conveyance for financing without the prior written approval of the City (unless such lender shall be one of the ten (10) largest banking institutions doing business in the State of California, or one of the ten (10) 21 largest insurance lending institutions in the United States qualified to do business in the State of California), which approval the City agrees to give if any such conveyance is given to a responsible financial or lending institution or other acceptable person or entity. Such lender shall be deemed approved unless rejected in writing by the City within ten (10) days after notice thereof to the City by the Developer. In any event, the Developer shall promptly notify the City of any mortgage, deed of trust, sale and lease-back or other financing conveyance, encumbrance or lien that has been created or attached thereto prior to completion of the construction of the improvements on the Site whether by voluntary act of the Developer or otherwise. The words "mortgage" and "deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development.

2. [§417] Holder Not Obligated to Construct Improvements The holder of any mortgage, deed of trust or other security interest authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the improvements or to guarantee such construction or completion, nor shall any covenant or any other provision in the grant deed for the Site be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement.

3. [§418] Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure
Whenever the City shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in completion of construction of the improvements, the City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage, deed of trust or other security interest authorized by this Agreement who has previously made a written request to the City therefor. Each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, within ninety (90) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the security interest debt and the lien on its security interest. In the event there is more than one such holder, the right to cure or remedy a breach or default of the Developer under this Section 418 shall be exercised by the holder first in priority or as the holders may otherwise agree among themselves, but there shall be only one exercise of such right to cure and remedy a breach or default of the Developer under this Section 418. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the improvements (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed the Developer's obligations to the City by written agreement satisfactory to the City. The holder in that event must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates and submit evidence satisfactory to the City that it has the qualifications and financial responsibility necessary to perform such obligations. Any such holder properly completing such improvements shall be entitled, upon written request made to the City, to a Certificate of Completion from the City.
22 4. [§419] Failure of Holder to Complete Improvements In any case where, six (6) months after default by the Developer in completion of construction of improvements under this Agreement, the holder of any mortgage, deed of trust or other security interest creating a lien or encumbrance upon the Site has not exercised the option to construct, or if it has exercised the option and has not proceeded diligently with construction, the City may purchase the mortgage, deed of trust or other security interest by payment to the holder of the amount of the unpaid debt, plus any accrued and unpaid interest. If the ownership of the Site has vested in the holder, the City, if it so desires, shall be entitled to a conveyance of the Site from the holder to the City upon payment to the holder of an amount equal to the sum of the following:
a. The unpaid mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); b. All expenses with respect to foreclosure;
c. The net expenses, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent management of the Site;
d. The costs of any authorized improvements made by such holder; and e. An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by the City.

5. [§420] Right of City to Cure Mortgage, Deed of Trust or Other Security Interest Default
In the event of a default or breach by the Developer of a mortgage, deed of trust or other security interest with respect to the Site prior to the completion of development, and the holder has not exercised its option to complete the development, the City may cure the default prior to completion of any foreclosure. In such event, the City shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the City in curing the default. The City shall also be entitled to a lien upon the Site to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security interests executed for the sole purpose of obtaining funds to purchase and develop the Site as authorized herein.

E. [§421] Right of the City to Satisfy Other Liens on the Site After Title Passes After the conveyance of title and prior to the issuance of a Certificate of Completion for construction and development, and after the Developer has had a reasonable time to challenge, cure or satisfy any liens or encumbrances on the Site, the City shall have the right to satisfy any such liens or encumbrances; provided, however, that nothing in this Agreement shall require the Developer to pay or make provision for the payment of any tax, assessment, lien or charge so long 23 as the Developer in good faith shall contest the validity or amount thereof, and so long as such delay in payment shall not subject the Site to forfeiture or sale.

F. [§422] Certificate of Completion
Promptly after completion of all construction and development to be completed by the Developer upon the Site, the City shall furnish the Developer with a Certificate of Completion for the Site in substantially the form attached hereto as Attachment No. 7 upon written request therefor by the Developer. Such Certificate of Completion shall be in such form as to permit it to be recorded in the Office of the County Recorder of Del Norte County. The Affordable Units (defined in Section 501) will be deemed completed upon the issuance of a Certificate of Occupancy and the recording of the Affordable Housing Covenant described in Section 302.

A Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction required by this Agreement, and of full compliance with the terms hereof with respect to such construction. After issuance of such Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring the Site shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement, except that such party shall be bound by the covenants contained in the Affordable Housing Covenant, any covenants contained in the deed, lease, mortgage, deed of trust, contract or other instrument of transfer in accordance with the provisions of Sections 501- 506 of this Agreement. Except as otherwise provided herein, after the issuance of a Certificate of Completion, neither the City nor any other person shall have any rights, remedies or controls with respect thereto that it would otherwise have or be entitled to exercise under this Agreement as a result of a default in or breach of any provision of this Agreement, and the respective rights and obligations of the parties shall be as set forth in the grant deed, the Note, Deed of Trust, and the Affordable Housing Covenant, which shall be in accordance with the provisions of Sections 501- 506 of this Agreement.

The City shall not unreasonably withhold any Certificate of Completion. If the City refuses or fails to furnish a Certificate of Completion for the Site after written request from the Developer, the City shall, within ten (10) days of the written request, provide the Developer with a written statement of the reasons the City refused or failed to furnish a Certificate of Completion.

The statement shall also contain the City's opinion of the action the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate unavailability of specific items or materials for landscaping, the City will issue its Certificate of Completion upon the posting of a bond by the Developer with the City in an amount representing a fair value of the work not yet completed. If the City shall have failed to provide such written statement within said ten (10) day period, the Developer shall be deemed entitled to the Certificate of Completion.

Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage securing money loaned to finance the improvements or any part thereof. Such Certificate of Completion is not notice of completion as referred to in California Civil Code Section 3093. 24 V. [§500] USE OF THE SITE
A. [§501] Units
The Site shall be developed with a low-income senior housing project (the "Housing Project") consisting of not less than twenty-seven (27) rental dwelling units (each a "Unit", and collectively, the "Units"). Not less than twenty-six (26) of the Units (each an “Affordable Unit”, and collectively, the “Affordable Units”) shall be rented to Eligible Households (as defined below), and the remaining Unit shall be designated as a Manager’s Unit.

The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest, that all of the Affordable Units located on the Site shall be rented to qualified low-income persons and households who qualify as senior citizens under California Civil Code Section 51.3, as the same may be amended from time to time, and whose gross household income does not exceed sixty percent (60%) of the Area Median Income, with at least 20% of those units being rented to persons with a gross household income that does not exceed fifty percent (50%) of the Area Median Income, as defined in California Health and Safety Code Section 50093 ("Eligible Households"), at an Affordable Housing Cost, as defined in the Affordable Housing Covenant (Attachment No. 6-A). In the event Developer secures any additional financing that requires a change to the definition of Eligible Household or adds a special needs set-aside, the City agrees to cooperate with the Developer and amend the affordability requirements hereunder to provide that a portion of the Units shall be restricted to senior citizens, and a portion of the Units shall be restricted to comply with the restrictions for such financing. In any event, the income levels and maximum housing cost of each Eligible Household must comply with the regulations promulgated by the California Department of Housing and Community Development sections 6910-6932 of Title 25 of the California Code of Regulations (to the extent applicable).

B. [§502] Property Management; Maintenance of the Project Within the time set forth in the Schedule of Performance (Attachment No. 3), the Developer shall prepare and enter into an agreement with a property management company (the "Property Management Company") preapproved by the City to manage the Project. The Developer shall submit a copy of such agreement to the City, provided the City shall not have the right to approve or disapprove such agreement except to ensure compliance of such agreement with the provisions of this Agreement and the Affordable Housing Covenant. The property management agreement shall name the City as a third-party beneficiary permitting the City the right to enforce the agreement upon the default (after expiration of all notice and cure periods) of the Property Management Company.

For purposes of this Section 502, the City hereby approves of Danco Property Management as an approved Property Management Company. The Developer shall promptly notify the City in the event there is any change in the Property Management Company managing the Project. The City shall have the right to approve any new Property Management Company, which approval shall not be unreasonably withheld. In the event that the Property Management Company changes, Developer shall prepare and enter into an agreement with another property management company and submit such agreement to the City to ensure compliance as stated above.
25 The Developer further covenants, and the property management agreement shall require, that the Project shall be operated and Eligible Households shall be qualified and selected for tenancy in strict compliance with "Leasing Guidelines" for the Housing Project to be prepared by the Developer (or Property Management Company) and approved by the City. The Lease Guidelines and any modifications or amendments to the Leasing Guidelines shall require prior written approval of the City, which approval shall not be unreasonably withheld or delayed. The City Manager shall have the authority to approve the Leasing Guidelines and any such modifications or amendments on behalf of the City.

The Developer covenants that it shall maintain, or cause to be maintained, the Site and the improvements to be constructed thereon, in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code and shall keep the Site reasonably free from any accumulation of debris or waste materials prior to and after completion of the Housing Project.

If, at any time, Developer fails to maintain and operate the Site in accordance with this Agreement, the City shall have the right to take necessary corrective action pursuant to the provisions set forth in the Note and the Affordable Housing Covenant.

Failure by Developer to maintain, or cause to be maintained, the Site in the condition provided in this Section 502 shall, following expiration of all applicable notice and cure periods, constitute a default hereunder and under the Note, the Deed of Trust, and the Affordable Housing Covenant; provided, however, that nothing herein or in the Note, Deed of Trust, or the Affordable Housing Covenant shall be deemed to provide Developer with more than one notice and cure period for each event of default.

The foregoing covenants shall remain in effect for a period of fifty-five (55) years from the date the Affordable Housing Covenant is recorded against the Site.

C. [§503] Obligation to Refrain From Discrimination
The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site, the Units or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer or any person claiming under or through the Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Units. The foregoing covenants shall run with the land in accordance with Section 33438 of the Health and Safety Code and shall remain in effect in perpetuity.

D. [§504] Form of Nondiscrimination and Nonsegregation Clauses The Developer shall refrain from restricting the rental, sale or lease of any portion of the Site on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and 26 paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code.

Pursuant to Sections 33337 and 33436 of the Health and Safety Code or any successor statute, all such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:

1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land."

2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased."

3. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the 27 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee , or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land."
E. [§505] Effect and Duration of Covenants
The covenants contained in Sections 501 and 502 of this Agreement shall be deemed to run with the land in accordance with Section 33334.3(f) of the Health and Safety Code or any successor statute and shall remain in effect for the longer of: (a) a period of not less than fifty-five (55) years) from the date of recordation of the Affordable Housing Covenant against the Site, or (b) until payment in full of all amounts owed to the City under the Note. The covenants against discrimination contained in Sections 503 and 504 of this Agreement shall be deemed to run with the land in accordance with Section 33438 of the Health and Safety Code or any successor statute and shall remain in effect in perpetuity. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding on the part of the Developer and any successors and assigns to the Site or any part thereof, and the tenants, lessees, sublessees and occupants of the Site, for the benefit of and in favor of the City and its successors or assigns and may be enforced by the City and its successors and assigns.

F. [§506] Rights of Access – Public Improvements and Facilities For the purposes of assuring compliance with this Agreement, representatives of the City shall have the reasonable right of access to the Site, with reasonable notice to Developer and subject to the rights of the tenants, and without charges or fees for the purpose of inspection of the Site.

VI. [§600] DEFAULTS, REMEDIES AND TERMINATION
A. [§601] Defaults – General
Subject to the extensions of time set forth in Section 704, failure or delay by either party to perform any material term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default.

The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages and except as otherwise expressly provided in Sections 607 and 608 of this Agreement, the injured party may not institute proceedings against the party in default until ninety (90) days after giving such notice; provided, however, that if such event of default cannot be cured within such ninety (90) calendar day period and the party in default has diligently commenced efforts to cure, the party in default shall have such reasonable time as is necessary to 28 diligently prosecute such cure to completion. Failure or delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default.

Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies.

Any cure of any default made or tendered by Developer’s tax credit investor shall be deemed to be a cure by Developer and shall be accepted by the City as if made or tendered by Developer.

B. [§602] Legal Actions

1. [§603] Institution of Legal Actions
In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, or recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Del Norte, State of California, or in the appropriate Federal District Court in the State of California.

2. [§604] Applicable Law
The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

3. [§605] Acceptance of Service of Process
In the event that any legal action is commenced by the Developer against the City, service of process on the City shall be made in any manner as may be provided by law.

In the event that any legal action is commenced by the City against the Developer, service of process on the Developer shall be made in any manner as may be provided by law and shall be valid whether made within or without the State of California.

C. [§606] Rights and Remedies are Cumulative
Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party. 29 D. [§607] Damages
If the Developer or the City defaults with regard to any of the provisions of this Agreement, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within ninety (90) days after service of the notice of default, the defaulting party shall be liable to the other party for any damages caused by such default.

E. [§608] Specific Performance
If the Developer or the City defaults under any of the provisions of this Agreement, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not commenced to be cured by the defaulting party within ninety (90) days of service of the notice of default, the nondefaulting party, at its option, may institute an action for specific performance of the terms of this Agreement.

F. [§609] Remedies and Rights of Termination Prior to Conveyance

1. [§610] Termination by the Developer
In the event that prior to conveyance of title to the Site to the Developer:
a. The City does not tender conveyance of the Site or
possession thereof in the manner and condition and by the date provided in this Agreement, and any such failure is not cured within thirty (30) days after written demand by the Developer; or
b. The Developer is unable, despite diligent efforts, to obtain all approvals and permits required for the construction and development of the Units on the Site; or
c. The Developer determines that the physical condition of the Site is unsuitable for the use or uses to which the Site will be put in accordance with Section 212 hereof;
then this Agreement may, at the option of the Developer, be terminated by written notice thereof to the City. Upon such termination, neither the City nor the Developer shall have any further rights against or liability to the other under this Agreement.

2. [§611] Termination by the City
In the event that prior to conveyance of title to the Site to the Developer:
a. The Developer transfers or assigns or attempts to transfer or assign this Agreement or any rights herein or in the Site in violation of this Agreement; or
30 b. There is any significant change in the ownership or identity of the Developer or the parties in control of the Developer or the degree thereof contrary to the provisions of Section 105 hereof; or
c. The Developer does not submit evidence that it has obtained approvals for the Tax Credit Financing or alternative
financing and the necessary equity capital for development of the Site in satisfactory form and in the manner and by the date provided in this Agreement; or
d. The Developer fails to submit to the City construction plans, drawings and related documents as required by this
Agreement; or
e. The Developer fails to obtain all approvals and permits necessary for the construction and development of the Units on the Site; or
f. The Developer does not deliver the Note, Deed of Trust, or Affordable Housing Covenant, and take title to the Site under tender of conveyance by the City pursuant to this Agreement; or
g. The Developer is in breach or default with respect to any other obligation of the Developer under this Agreement; and h. If any default or failure referred to in subdivision c., d., e., f. or g. of this Section shall not be cured within the time periods set forth in Article VI hereof;
then this Agreement, and any rights of the Developer or any assignee or transferee in this Agreement pertaining thereto or arising therefrom with respect to the City, may, at the option of the City, be terminated by the City by written notice thereof to the Developer. Upon any such termination, neither the City nor the Developer shall have any further rights against or liability to the other under this Agreement.

G. [§612] Remedies following Conveyance - Option to Repurchase, Reenter and Repossess The City shall have the right at its option to repurchase, reenter, and take possession of the Site with all improvements thereon, if after conveyance of title to the Site and prior to the issuance of the Certificate of Completion therefor, the Developer:

1. Fails to commence the construction of the improvements on the Site as required by this Agreement for a period of ninety (90) days after written notice thereof from the City; or
31 2. Abandons or substantially suspends construction of improvements on the Site for a period of ninety (90) days after written notice of such abandonment or suspension from City; or

3. Transfers or suffers any involuntary transfer of the Site or any part thereof in violation of this Agreement.

This option shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:

1. Any first mortgage, deed of trust or other security instrument permitted by this Agreement; or

2. Any rights or interests provided in this Agreement for the protection of the holder of such mortgages, deeds of trust or other security instruments; or

3. The rights of the tax credit investor pursuant to the Developer’s Amended and Restated Agreement of Limited Partnership.

To exercise its right to repurchase, reenter, and take possession with respect to the Site, the City shall pay to the Developer in cash an amount equal to:

1. The costs actually incurred by the Developer for on-site labor and materials for the construction of the improvements existing on the Site at the time of the repurchase, reentry and repossession, exclusive of amounts financed; less

2. Any gains or income withdrawn or made by the Developer from the Site or the improvements thereon; and less

3. The amount of liens on the Site, and any unpaid assessments against the Site which are assumed by the City.

VII. [§700] GENERAL PROVISIONS
A. [§701] Notices, Demands and Communications Between the Parties Formal notices, demands and communications between the City and the Developer shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the City and the Developer as set forth in Sections 104 and 105 hereof. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail.

Any notices provided from City to Developer shall also be provided to Developer’s tax credit investor at the address such investor shall provide to the City. 32 B. [§702] Conflicts of Interest
No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement that affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

The Developer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement.

C. [§703] Nonliability of City Officials and Employees
No member, official or employee of the City shall be personally liable to the Developer in the event of any default or breach by the City or for any amount that may become due to the Developer or on any obligations under the terms of this Agreement.

D. [§704] Enforced Delay; Extension of Times of Performance In addition to the specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other parties more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the City and the Developer.

E. [§705] Inspection of Books and Records
The City has the right, upon not less than seventy-two (72) hours’ notice, at all reasonable times, to inspect the books and records of the Developer pertaining to the Site as pertinent to the purposes of this Agreement.

The Developer also has the right, upon not less than seventy-two (72) hours’ notice, at all reasonable times, to inspect the books and records of the City pertaining to the Site as pertinent to the purposes of this Agreement.
33 F. [§706] Plans and Data
Where the Developer does not proceed with the purchase and development of the Site, and when this Agreement is terminated pursuant to Section 611 hereof for any reason, the Developer shall deliver to the City any and all plans and data concerning the Site, and the City or any other person or entity designated by the City shall be free to use such plans and data, including plans and data previously delivered to the City, for any reason whatsoever without cost or liability therefor to the Developer or any other person.

G. [§707] Attorneys' Fees
Should any action be brought arising out of this Agreement including, without limitation, any action for declaratory or injunctive relief, the prevailing party shall be entitled to reasonable attorneys' fees and costs and expenses of investigation incurred, including those incurred in appellate proceedings or in any action or participation in, or in connection with, any case or proceeding under Chapter 7, 11 or 13 of the Bankruptcy Code or any successor statutes, and any judgment or decree rendered in any such actions or proceedings shall include an award thereof.

VIII. [§800] SPECIAL PROVISIONS
A. [§801] Submission of Documents to the City for Approval Whenever this Agreement requires the Developer to submit plans, drawings or other documents to the City for approval, which shall be deemed approved if not acted on by the City within a specified time, said plans, drawings or other documents shall be accompanied by a letter stating that they are being submitted and will be deemed approved unless rejected by the City within the stated time. If there is no time specified herein for such City action, the Developer may submit a letter requiring City approval or rejection of documents within thirty (30) days after submission to the City.

B. [§802] Amendments to this Agreement
The Developer and the City agree to mutually consider reasonable requests for amendments to this Agreement that may be made by any of the parties hereto, lending institutions or bond counsel or financial consultants to the City, provided such requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. The City Manager shall have the authority to execute such amendments that may be reasonably required in connection with Developer’s Financing, in form and content approved by the City Attorney.

IX. [§900] ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement is executed in four (4) duplicate originals, each of which is deemed to be an original. This Agreement comprises pages 1 through 35, inclusive, and Attachment Nos. 1 through 9, attached hereto and incorporated herein by reference, all of which constitute the entire understanding and agreement of the parties.
34 This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.

All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City and the Developer, and all amendments hereto must be in writing and signed by the appropriate authorities of the City and the Developer.

X. [§1000] TIME FOR ACCEPTANCE OF AGREEMENT BY CITY
This Agreement, when executed by the Developer and delivered to the City, must be authorized, executed and delivered by the City within forty-five (45) days after the date of signature by the Developer or this Agreement shall be void, except to the extent that the Developer shall consent in writing to further extensions of time for the authorization, execution and delivery of this Agreement. The effective date of this Agreement shall be the date when this Agreement has been signed by the City.
***
35 ________________ , 2023
CITY:

CITY OF CRESCENT CITY, a municipal
corporation of the State of California, acting in
its capacity as the successor housing entity to
the Redevelopment Agency of the City of
Crescent City
By: Eric Wier, City Manager
ATTEST:

Robin Altman, City Clerk
APPROVED AS TO FORM:

Martha D. Rice, City Attorney
, 2023
DEVELOPER:

DANCO COMMUNITIES, a California
corporation
By: Daniel Johnson, President
Attachment No. 1

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