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11/20/23 COUNCIL AGENDA
CITY OF CRESCENT CITY
Mayor Blake Inscore Mayor Pro Tem Ray Altman
Council Member Jason Greenough Council Member Kelly Schellong Council Member Isaiah Wright
MONDAY NOVEMBER 20, 2023 6:00 P.M.
CLOSED SESSION BEGINS AT 5:00 P.M.
OPEN SESSION BEGINS AT 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: 832 9463 6652 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
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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11/20/23 COUNCIL AGENDA
CLOSED SESSION
Call to order
Roll call
CLOSED SESSION PUBLIC COMMENT PERIOD
CLOSED SESSION
Conference with Real Property Negotiator: Eric Wier (Gov. Code S 54956.8) • APN 118-360-007-000
Conference with Legal Counsel – Existing Litigation
• Linda Sutter v. Tri-Agency, et al. (Del Norte Superior Court Case No. CVPT-2023-1261) • Rebecca Bohannon v. City of Crescent City (Del Norte Superior Court Case No. CVCV2023-1284) • Kellin Kumler v. City of Crescent City (Del Norte Superior Case No. DNSC 2023-2249)
REPORT OUT OF CLOSED SESSION
OPEN SESSION
Call to order
Roll call
Pledge of Allegiance
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. Police Chief Commendation for CHP Sgt. Rick Borges and Sgt. Brandy Gonzalez
2. Introduction of New City Employee Sean O’Neil
CONSENT CALENDAR
3. Council Meeting Minutes
• Recommendation: Approve the October 30, 2023 meeting minutes and the November 6, 2023 meeting minutes for the City Council.
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11/20/23 COUNCIL AGENDA
4. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period October 21, 2023 through November 3, 2023.
5. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending November 4, 2023, paid November 9, 2023.
6. FY 2023-24 Roll-Over Project Budget Updates
• Recommendation: Approve and adopt Resolution No. 2023-79, 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
7. Storm Drain Master Plan Professional Services Agreement • Recommendation: Approve and authorize the City Manager to sign a Professional Services Agreement with GHD Inc. to implement the Storm Drain Master Plan Project • Approve and adopt Resolution No. 2023-80, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET
• Approve and adopt Resolution No. 2023-81, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE CREATION OF A NEW SPECIAL REVENUE FUND FOR THE 2022 CDBG AWARD AND
ASSOCIATED PROJECTS
8. Additional Reimbursable Funding for the Purchase of Materials for CSA Lift Station Maintenance
• Recommendation: Approve and adopt Resolution No. 2023-82, 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
9. Amendment to Contract with Hambro/WSG for the Hauling and Disposal of WWTP Sludge to Extend the Service Through the End of the 23/24 Fiscal Year • Recommendation: Approve and authorize the City Manager to execute the Fourth Amendment to the Municipal Sludge Hauling Agreement Between the City of Crescent City and Hambro/WSG
10. Loan of LMIHAF Dollars for Affordable Housing Project • Approve and authorize the City Manger to sign an agreement in substantially the same form as the Low-and Moderate – Income Housing Fund Loan Agreement Between the City of Crescent City and GS Valhalla, LP for $300,000 attached hereto and all other documents called for in the agreement or necessary to complete the transaction • Approve and authorize the City Manager to sign an agreement in substantially the same form as the Subordination and Intercreditor Agreement with Citibank, N.A. attached hereto
REPORTS AND PRESENTATIONS - None
PUBLIC HEARING - None
CONTINUING BUSINESS - None
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11/20/23 COUNCIL AGENDA
NEW BUSINESS
11. Nomination for Crescent City to be on the 2024-2026 GSRMA Board of Directors • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Consider and possibly take action on submitting a nomination for the City of Crescent City to have a seat on the GSRMA Board
CITY COUNCIL ITEMS
➢ Legislative Matters – Consider miscellaneous legislative matters pertinent to the City of Crescent City. Authorize the Mayor to sign the appropriate letters and/or positions with respect to such matters.
➢ City Manager Report and City Council Directives – Pursuant to Crescent City Municipal Code § 2.08.200, the City Council may instruct the city manager on matters of importance to the administrative services of the City and provide direction with respect to subordinates of the City Manager. (Directives from individual Council Members that are not objected to by any member present shall be considered an order of the City Council.)
ADJOURNMENT
Adjourn to the regular meeting of the City Council of the City of Crescent City on Monday, December 4, 2023 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
POSTED:
November 16, 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
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10/30/23 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 OCTOBER 30, 2023 6:30 P.M.
OPEN SESSION
Call to order Mayor Wright called the meeting to order at 6:31 p.m.
Roll call Council Members present: Council Member Ray Altman, Council Member Kelly Schellong, Mayor Pro Tem Blake Inscore, and Mayor Isaiah Wright Council Member absent at roll call: Council Member Jason Greenough (arrived at 6:32 during the consent calendar motion)
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Public Works Director Dave Yeager, Human Resources Manager Sunny Gonzales (via Zoom), Housing Authority Executive Director Megan Miller (via Zoom), Finance Director Linda Leaver, and Police Chief Richard Griffin Pledge of Allegiance led by Mayor Wright
CONSENT CALENDAR
1. Purchase of Two F-450 Utility Trucks
• Recommendation: Approve the purchase of two F-450 Public Works utility trucks with utility beds and cranes and authorize the City Manager to sign all documents necessary for the purchase and transfer of the vehicles
2. Budget Amendment to 20-CDBG-12012 Family Resource Center Food Pantry Services Subrecipient and Grant Agreement
• Recommendation: Approve and authorize the City Manager to execute a contract amendment between the City of Crescent City and the California Department of Housing and Community Development for grant number 20-CDBG-12012 to transfer the remaining general administration funds to the project budget • Approve and authorize the City Manager to execute, contingent upon execution of the amendment to the HCD grant agreement, Amendment No. 2 to the Subrecipient Agreement between the City of Crescent City and the Family Resource Center of the Redwoods for Food Pantry Services to increase the project budget There were no comments from the public.
Council Member Schellong asked for confirmation that the trucks were in fact gasoline powered, not diesel; Director Yeager stated that they were gasoline trucks.
MINUTES
SPECIAL CITY COUNCIL MEETING
WASTEWATER TREATMENT PLANT CONFERENCE ROOM
210 BATTERY STREET
CRESCENT CITY, CA 95531
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On a motion by Mayor Pro Tem Inscore, seconded by Council Member Altman, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City adopted the consent calendar consisting of items 1-2 as presented.
NEW BUSINESS
3. Award of LMIHAF Dollars as a Loan for Affordable Housing Project • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve the award of a $300,000 loan from the Low – and Moderate-Income Housing Fund to GreenShoots Communities, LLC/GS Valhalla, LP as detailed in the draft award letter and authorize the City Manager to sign said award letter City Attorney Rice reported to the Council that this project came to fruition from the 2012 Redevelopment Agency (RDA) dissolution, the housing assets and affordable housing functions were transferred to the City. Earlier this year in the Spring, the City issued an RFP for use of non-competitive Permanent Local Housing Allocation Program (PLHA) funds. The City received two responses from viable affordable housing projects. Unfortunately, the City was subsequently notified that it would not receive the PLHA funds after all due to the City’s Housing Element not being in substantial compliance. Therefore, no PLHA funds were awarded to either project. At this point, City staff began discussing the possibility of utilizing LMIHF dollars in place of the PLHA funds. A Notice of Funding Availability for LMIHF was developed, reviewed and advertised. At the close of the application period, the City received two applications. One was deemed incomplete and the other was reviewed and scored by staff. This loan would be given to GreenShoots Communities for $300k and will be a 20-year loan at 3.0% annual simple interest, with payments due from 50% of the residual receipts. GreenShoots is in the process of acquiring Valhalla Townhomes (911 Pacific) from Synergy Valhalla, LLC/Synergy Development Corporation. City Attorney Rice went over how many units there are and the household income sectioning. This project is much like the DANCO project wherein it has been awarded California State tax exempt bonds, federal low-income housing tax credits, and California state certificated low-income housing tax credits. City Attorney Rice stated that it is anticipated that the loan will be paid in full by Spring of 2024. Mayor Pro Tem Inscore asked if funds were awarded, if it is mandatory they pay the loan off once they are received; City Attorney Rice answered in the affirmative. City Manager Wier stated that there is also an option for the City to acquire the property and to work with a developer. Raymond Junior, of GreenShoots, spoke to the Council and gave his background as an affordable housing developer. He gave a description on the project and stated he will be doing a $62k a door renovation on the property, which comes to $3.5million. He said that this will be a mix of affordable and workforce housing. Council Member Schellong asked what the timeline for the project was; Mr. Junior stated it would be either the end of November to early December 2024. Bill Rice of Synergy stated that the two housing projects currently underway will knock the Housing Element out of the park.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Inscore, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved the award of a $300,000 loan from the Low – and – Moderate – Income Housing Fund to GreenShoots Communities, LLC/GS Valhalla, LP as detailed in the draft award letter and authorize the City Manager to sign said award letter.
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10/30/23 COUNCIL MINUTES
CITY COUNCIL ITEMS
➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported to the Council that the DANCO project is working through the process and is close to get the tax credit award. City staff had a good meeting with HCD staff and the Housing Element approval will be done by November 13th.
ADJOURNMENT
There being no further business to come before the Council, Mayor Wright adjourned the meeting at 6:54 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, November 6, 2023, at 6:00 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531.
ATTEST:
____________________________
Robin Altman
City Clerk/Administrative Analyst
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11/6/23 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 NOVEMBER 6, 2023 6:00 P.M.
OPEN SESSION
Call to order Mayor Wright called the meeting to order at 6:00 p.m.
Roll call Council Members present: Council Member Ray Altman, Council Member Jason Greenough (via Zoom*), 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, Senior Fleet Mechanic Bill Huffman, Fire Chief Kevin Carey and Police Chief Richard Griffin *Council Member Greenough announced that he was attending via Zoom because he is taking care of his wife and that his wife, Angela Greenough, was the only other person over 18 in the room with him.
Pledge of Allegiance led by Mayor Wright
PUBLIC COMMENT PERIOD
The following residents addressed the Council:
Dorothy Riley: read a statement from President John Kennedy that spoke about a subversive agency within the government. She also spoke about Edward Snowden about another government agency that has brain to computer interface and nanotechnology. Spoke about Cointelpro, the FBI, and local police.
➢ Reports, Concerns, Referrals, Council travel and training reports – Council Member Altman: attended the Redwood Coast Transit Authority (RCTA) meeting, wherein it was announced that the $7.3million grant was obtained; and attended City Safety Officer Kim Smith’s retirement ceremony.
Council Member Greenough: nothing to report; pleased to hear about the funding for the transit hub.
Council Member Schellong: attended the RCTA meeting; toured the City’s Corp Yard and learned a lot about areas in need of improvement; attended the Hmong New Year celebration this last weekend; and reported that this Saturday is Veterans Day and encouraged everyone to come out to celebrate our veterans.
MINUTES
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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11/6/23 COUNCIL MINUTES
Mayor Pro Tem Inscore: attended the Cal LAFCo Annual Meeting and Board of Directors meeting; attended the Tri-Agency meeting; met with the City Manager, City Attorney Rice, Finance Director Leaver and Council Member Schellong regarding the rate study; met to discuss the Cultural Center; Downtown Economic Development meeting for how the downtown will be revitalized; Chamber Board meeting; special called Visitors Bureau meeting; attended City staff’s Halloween luncheon; also attended City Safety Officer Kim Smith’s retirement party; attended the Border Coast Regional Airport Authority meeting and the Hmong New Year celebration.
Mayor Wright: nothing to report
CEREMONIAL ITEMS
1. Veterans Day Proclamation
Mayor Pro Tem Inscore read the proclamation aloud and presented it to David Cooper, Lt. Col., USMCR (retired). He stated that he is the Commander of the VFW. Del Norte County has shown a tremendous honor and regard for local veterans. Invited the community to the parade on Saturday, November 11th, starting at 10am with a luncheon immediately following at the VFW.
2. Adoption Day Proclamation
Mayor Wright read the proclamation aloud and presented it to Melodee Mitchell, of Loved Based Education for Adoptive Families. Ms. Mitchell thanked the Council for acknowledging Adoption Awareness Month. She explained the organization she works for as an adoption wrap-around service and explained what services and support they offer for adoptive families. She also gave her personal background of being a foster child in Del Norte County and her first foster parent.
Mayor Wright gave his personal story and that he and his wife have adopted two of their foster children. Ms. Mitchell stated that on November 28th at 5:30 pm at Lighthouse Cove Inn will be an Adoption Appreciation Celebration dinner honoring local adoptive families and the Council is invited.
3. New City Employee Introduction – Bill Huffman
City Manager Wier stated that Mr. Huffman is not a new employee, but an employee who got a promotion. Public Works Director Yeager introduced Senior Fleet Mechanic Bill Huffman to the Council and gave a brief account of his background. He also stated that Mr. Huffman was a big piece to the Smith River Complex Fire event and assisted in several areas. Mr. Huffman thanked the Council for the opportunity to work for the City and that he intends to do a great job.
4. Police Chief Commendation – Tom Kinney, California Auto Image Chief Griffin reported to the Council the community service that Tom Kinney, of California Auto Image, has done for the community. Mr. Kinney and his crew at one point helped get a suspect in cuffs and off of the Chief. The crew went back to work and didn’t look for any acknowledgment, just wanted to help. He has donated several hours of work and refuses a lot of payment. Mr.
Kinney thanked the Chief for the honor and that he is looking forward to retirement.
CONSENT CALENDAR
5. Council Meeting Minutes
• Recommendation: Approve the October 9, 2023 and October 16, 2023 meeting minutes for the City Council.
6. Warrant Claims List
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11/6/23 COUNCIL MINUTES
• Recommendation: Receive and file the warrant claims list for the period October 6, 2023 through October 20, 2023.
7. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending October 21, 2023, paid October 27, 2023
8. Acceptance of Cal Fire Grant for Turnouts
• Recommendation: Approve and adopt Resolution No. 2023-74, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE CITY BUDGET FOR FY 2023-24 AND APPROVING THE CAL FIRE COOPERATIVE FIRE PROTECTION GRANT AGREEMENT #7fg23027
9. Change Order for Chemical Tank Construction at the WWTP • Recommendation: Approve and authorize the City Manager to sign Change Order No. 1 with LNL Design and Construction for the completion of the installation of 4 chemical tanks at the Wastewater Treatment Plant
10. Wastewater Treatment Plant Fuel Expenses Incurred During the Smith River Complex Fire
• Recommendation: Approve and adopt Resolution No. 2023-75, 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
11. Updated Resolution for 2023 CDBG Application
• Recommendation: Approve and adopt Resolution No. 2023-76, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY RESCINDING RESOLUTION NO. 2023-72
• Approve and adopt Resolution No. 2023-77, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY APPROVING AN APPLICATION FOR
FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY
AMENDMENTS THERETO FROM THE 2023 FUNDING YEAR OF THE STATE
CDBG PROGRAM FOR AMENDED PROJECT AND GENERAL ADMINISTRATION
AMOUNTS
12. Quarterly Cash and Investments Report as of September 30, 2023 • Recommendation: Receive and file quarterly cash and investments report as of September 30, 2023
Council Member Schellong asked for item 6 to be pulled from the consent calendar as she has a conflicts through her current employer (BiCoastal Media). The Council was in unanimous consensus to pull item 6 from the consent calendar. Council Member Schellong then stated that she would also like to pull item 9 she has a conflict of interest because LNL Construction is one of her clients at Bicoastal Media.
Mayor Pro Tem Inscore asked for items 8 & 11 pulled from consent; Council was in consensus.
There were no comments from the public on items 5, 7, 10 & 12 of the consent calendar.
On a motion by Council Member 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 the consent calendar consisting of items 5, 7, 10 &12 as presented.
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11/6/23 COUNCIL MINUTES
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Altman, and carried unanimously on a 4-0 polled vote, with Council Member Schellong being recused, the City Council of the City of Crescent City approved items 6 and 9 on the consent calendar as presented.
Mayor Pro Tem Inscore stated that in regard to item 8, he wanted to point out that Measure S funds made this possible. He further stated that it is because of the City residents who voted for Measure S. Fire Chief Carey thanked the Council for their work and City staff with the hours of discussion on Measure S funds. He also stated on behalf of Crescent City Fire and Rescue, he is thankful for all who were honored in the proclamations. He said that he is very impressed with his Administrative Assistant – this was the first grant she applied for and put in all the right information to ensure it was obtained.
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 approved and adopted Resolution No. 2023-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE BUDGET FOR FY 2023-24 AND APPROVING THE CAL FIRE COOPERATIVE FIRE PROTECTION GRANT AGREEMENT #7FG23027.
Item 11 – City Attorney Rice provided some clarification on this item; the resolution adopted included a line for general administration dollars; HCD has since made some changes in the way they calculate general administration dollars, therefore the numbers on the resolution were now incorrect. HCD has also since clarified that the City is not required to breakdown the general administration dollars and that a lump sum is allowed for the resolution. The resolution presented at this evening’s meeting does not separate out the general administration dollars it only includes the total project award amount.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Council Member Altman, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2023-76, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY RESCINDING RESOLUTION NO. 2023-72.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Council Member Altman, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2023-77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CRESCENT CITY APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2023 FUNDING
YEAR OF THE STATE CDBG PROGRAM FOR AMENDED PROJECT AND GENERAL ADMINISTRATION AMOUNTS.
REPORTS AND PRESENTATIONS - None
PUBLIC HEARING - None
CONTINUING BUSINESS
13. Tsunami Memorial Fountain Rehabilitation Project
• Recommendation: Hear staff report
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11/6/23 COUNCIL MINUTES
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Direct City staff to rehabilitate the Tsunami Memorial Fountain as proposed in the staff report (or as otherwise directed by the Council)
• Approve and adopt Resolution No. 2023-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY 2023-24
BUDGET OF THE CITY OF CRESCENT CITY
Public Works Director Yeager reported to the Council four options for the Tsunami Memorial Fountain placement and design. Staff requests direction on what to do with the fountain, and Director Yeager gave the following options: resurrect the fountain: weld the bronze connection points, install spray heads, re-energize electrical and water pump, repour higher seat wall to create gathering bench and refresh interior surfacing, or do thematic seat-wall surface treatments. The deadline to get this all done will be March 27, 2024. Director Yeager said that a plumber did come out to inspect the pipes but could not do a pressure test due to the condition of the concrete. The lines, otherwise, looked fine. Council Member Schellong asked about not having lights; Director Yeager stated that it was filled with concrete, therefore electrical cannot be installed. Council Member Schellong stated that she doesn’t want to see the fountain operational without having lighting. City Manager Wier said the original design had the imbedded lighting, however that piece was removed about 25 years ago and that there are lights in the plaza. Council Member Schellong stated that the fountain is not only important as it honors those who were lost in the tsunami, but also it holds a lot of memories for those who grew up here. She does not want anyone to be able to sit around the fountain to protect the sculpture. Is in favor of all of the ideas. City Manager Wier asked for clarification that if she wanted to see it restored to its original location or if she wanted to include the tile; Council Member Schellong stated she would approve the full amount and would like to have it become beautiful again. City Manager Wier stated that due to the expense, if tile was going to be added, it would need to come before the Council again. Mayor Wright stated he didn’t see the plaza as the final placement of the memorial. Would like to see it get back up for the anniversary and move forward with other plans at a later date; would like to see it at Beachfront Park. Council Member Altman stated he wanted to see the memorial repaired and does not want anyone to be able to sit around it. Questioned where the funds would come from for further improvements or repairs. City Manager Wier stated that the $5k approved by the Council will be for the welds to get the memorial back in place and weld the rods to the piece.
Council Member Greenough asked to hear from Finance Director Leaver to see if all of this is possible – stated that the TOT was affected due to the wildfires. Director Leaver reported to the Council that when the budget was adopted, there would be $107k unallocated funds. There have been several budget adjustments since then. The budget-to-actual for 2023 will be at the next Council meeting. Right now the estimate of the unallocated fund balance is $350k. City Manager Wier stated that this budget to actual is due to vacancies. This does not include any of the impacts for the Smith River Fire – TOT and sales tax will be affected, the amount is unknown at this time and won’t be available for a few months. Mayor Pro Tem Inscore stated that the fountain has been neglected for years. Since this is a memorial, it’s important to get it fixed. Feels there is a better home for it in Beachfront Park and stated there could be some grant funding that can help pay for the repairs. Wants to spend the $5k to get it welded back together to be ready for the 60th anniversary of the event. Is not supportive of spending $50k right now to put it back in the plaza. Wants to see a long-term plan with that amount of money to include it in Beachfront Park. Mayor Wright wanted to see all memorial pieces to be in Beachfront Park – would like to see the welding done now. Having a water feature is not important to him at this time. Wants to get it back in place in time for the anniversary. Council Member Greenough stated that grant funding was obtained to redo the façade of the Cultural Center, maybe this could be placed there as a walk-up at the Cultural Center. Needs to be in a 6 | P a g e
11/6/23 COUNCIL MINUTES
place of prominence to honor those who perished.
The following residents addressed the Council:
Jill and Harley Munger: stated that having tiles done is a two-year project. There is no way it could be done by March. It would also be done by volunteers. Supports placing the memorial at the Cultural Center.
Mayor Wright asked about the placement of the fountain at the Cultural Center and if it would clash with the native design pieces to the area; City Manager Wier stated that the development planner can give input on the idea and have it brought back to the Council. Council Member Altman echoed the importance of making sure that the fountain is done in time for the anniversary.
Director Yeager stated that the way it will be reinstalled will make it secure. Mayor Pro Tem Inscore suggested having some public engagement to hear what the public would like to see for the memorial.
On a motion by Mayor Pro Tem Inscore, seconded by Council Member Greenough, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City directed staff to use the $5,000 budgeted amount to get the Tsunami Memorial Fountain repaired and put back in place in the plaza before the 60th anniversary. No action was taken on the resolution.
NEW BUSINESS
Since the selection of Mayor and Mayor Pro Tempore usually is last on the agenda, Mayor Wright moved the item after the letter of support.
15. Letter of Support for Israel
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Direct staff to send the letter of support to the Consulate General of Israel to the Pacific Northwest
Council Member Greenough thanked the Council for wanting to take a stand against terrorism and placing this on the agenda.
The following residents addressed the Council:
Ashley Delaine: is disgusted that the Council wants to send this letter of support to Israel. She spoke about the innocent civilians that have been killed by Israel. She further stated that Hamas was created by Israel. Condemned the letter and stated that their constituents do not want this letter sent. They do
Meekum Makenzie Barr: his grandparents were Jewish, and he does not support this letter. He spoke about the stories coming from Gaza and that his grandmother would never support Israel exterminating Palestinians. By sending this letter of support, he opined this will place Crescent City on the wrong side of history.
Christine Mitchell: stated that she is very passionate about this issue; hates what Hamas has done to the Israelis, but Israel is committing war crimes and are killing innocent civilians. Over 30% killed were children. Does not support Hamas, but Israel has been committing genocide long before this. Does not support this letter.
7 | P a g e
11/6/23 COUNCIL MINUTES
Michael Duval: this letter should be trashed, too much has come to light after the initial attack. It is inappropriate at this time for a City Council to address this issue when we don’t know all if the information. The City Council should not have this legacy; requests the letter not be sent. If a letter is sent, it should address peace on earth and decrying civilian casualties.
Jill Munger: is a member of Temple Beth Shalom. Agrees with a few things Michael said. She said she is in conflict with what is happening with the good people of Palestine and the good people of Israel. Wishes the two governments could come together. This is not the time to send the letter. Liked what it said a month ago, and she is not in support of what Israel is doing now, and other Jewish people feel the same thing. Asks for the Council to wait on sending the letter as it is too heated of a topic at this time.
Mayor Pro Tem Inscore stated he did weigh in on the contents of the letter with Council Member Greenough, however after hearing from Ms. Munger, he agrees that since the writing of the letter, things have changed in the conflict. Said listening to the people who understand the things that you may not. Council Member Greenough stated that this isn’t a political issue for him, he wants to denounce genocide. Council Member Altman stated he didn’t know why this would be on a City Council agenda.
Roger Gitlin: thanked Council Member Greenough for bringing this item to the Council. As a Jewish man, he feels very strongly about sending this letter. Wants the letter passed in its current form.
Council Member Greenough stated that he understood that it isn’t happening in our community.
Further stating that this is not a political issue, but to show the world where Crescent City stands on genocide. Mayor Pro Tem Inscore stated that supporting or not supporting this letter should not indicate our support of Israel or of Jewish religion. He further said that it is important to take a step back and suggests everyone does as well. He suggested that if Council Members want to send the letter, they can do so on their own accord. Council Member Schellong agreed with Mayor Pro Tem Inscore and does not feel it is the Council’s role to speak on behalf of the City when our constituents are conflicted. Mayor Wright said two weeks ago, this was a different scenario. He stated it is his opinion that there is no support for this letter. Council Member Greenough gave his opinion of how this current situation is much like 9-11. He read the letter aloud.
Council Member Greenough made the motion to send the letter of support to the Consulate General of Israel to the Pacific Northwest; motion failed for lack of a second.
Council Member Greenough spoke in dissatisfaction with the Council not agreeing to send the letter of support.
14. Selection of Mayor and Mayor Pro Tempore
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Select a Mayor and Mayor Pro Tempore to serve for the next year City Clerk/Administrative Analyst Altman reported to the Council what the duties of Mayor and Mayor Pro Tem are as well as the voting procedure for appointment. Mayor Wright stated that he is fine with no longer continuing as Mayor since his duties have increased outside of the Council; and that he appreciated his time in the role. He further stated that the person selected for Mayor should be someone who does not get easily fired up.
8 | P a g e
11/6/23 COUNCIL MINUTES
Council Member Schellong nominated Mayor Pro Tem Inscore to serve as Mayor; he accepted the nomination.
Council Member Greenough nominated Council Member Altman to serve as Mayor; Council Member Altman declined the nomination.
There were no comments from the public.
On a motion by Council Member Schellong, seconded by Council Member Altman, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City appointed Blake Inscore to serve as Mayor for the next year.
Mayor Wright nominated Council Member Altman to serve as Mayor Pro Tempore; he accepted the nomination.
On a motion by Mayor Wright, seconded by Mayor Pro Tem Inscore, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City appointed Ray Altman to serve as Mayor Pro Tem for the next year.
CITY COUNCIL ITEMS
➢ Legislative Matters – City Manager Wier stated that the School District would like to give a presentation to the Council at the next meeting; the Council was in unanimous consensus to add it to the next meeting agenda.
➢ City Manager Report and City Council Directives – City Manager Wier reported to the Council the following:
o Economic Development and Recreation Director Taylor reported to the Council the Monster Splash event that was held at the Fred Endert Pool. Council Member Schellong asked for an update on the heating of the pool; Director Taylor stated that EMOT Dan Borges fashioned something for a repair and will be opening the pool tomorrow. She also reported that Swim Camp is up and coming. o Front Street is still progressing, but weather has hampered it a bit. It will be back paved by the end of November.
o Thursday – Planning Commission meeting to discuss DANCo project. o Building projects – Chipotle is still progressing and about to get building permits secured. They need special inspectors for the geotechnical aspect of the building. o Dollar Tree will be moving into the Walgreens building. o Measure S Oversight Committee meeting will be November 14th at the WWTP.
ADJOURNMENT
There being no further business to come before the Council, Mayor Wright adjourned the meeting at 8:30 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, November 20, 2023, at 6:00 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531.
ATTEST:
_________________________________
Robin Altman
City Clerk/Administrative Analyst
Accounts Payable
User:
Printed:
[email protected]
11/14/2023 5:14 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 10/30/2023 0.00 5,197.14 ACH FITTAX FIT Payroll Taxes Auto Pay 10/30/2023 0.00 23,067.27 ACH PERS2 Public Emp Retirement Sys 10/30/2023 0.00 35,641.27 444205 CASTATE CA State Disbursement Unit 10/30/2023 0.00 358.12 444206 WAMUTU Crescent City Employees Association 10/30/2023 0.00 70.00 444207 CCPOLI Crescent City Police Officer's Association 10/30/2023 0.00 550.00 444208 ICMARE Mission Square 10/30/2023 0.00 2,894.31
444209 ZCAFRAN2 State Of California 10/30/2023 0.00 43.79 444210 AECOM AECOM Technical Services Inc 11/02/2023 0.00 40,768.16 444211 UB*05868 MARIA AISPURO 11/02/2023 0.00 250.00
444212 AMAZON Amazon Capital Services, Inc 11/02/2023 0.00 1,623.03 444213 BERTSC Bertsch-Oceanview Csd 11/02/2023 0.00 25,128.17 444214 BLUEST Blue Star Gas Associates 11/02/2023 0.00 4,576.58 444215 BULMCic Cicelia Bulmer 11/02/2023 0.00 622.68
444216 CARAHSOF Carahsoft Technology Corporation 11/02/2023 0.00 14.99 444217 CCDNCH Cc-Dn Chamber Of Commerce 11/02/2023 0.00 25,500.00 444218 CHURCH Churchtree Csd 11/02/2023 0.00 1,500.43
444219 BATTSYS Continental Battery Company 11/02/2023 0.00 105.92 444220 DAILYT Country Media Inc. 11/02/2023 0.00 85.00
444221 CPI CPI-International Inc 11/02/2023 0.00 411.82 444222 ROTORO Curry Transfer & Recycling Inc 11/02/2023 0.00 110.21 444223 dncofl D N Co Flood Control Dist 11/02/2023 0.00 1,841.90 444224 DEXTJoe Joe Dexter 11/02/2023 0.00 57.20
444225 DISH Dish Network LLC 11/02/2023 0.00 950.31
444226 EFFDEL Efficiency Delivery LLC 11/02/2023 0.00 30.00 444227 EGELEil Eileen Egeland 11/02/2023 0.00 41.10
444228 EILERE Eric Eiler 11/02/2023 0.00 24.80
444229 ENGLUN Englund Marine Supply Co. 11/02/2023 0.00 62.35 444230 FERGUS Ferguson US Holdings Inc 11/02/2023 0.00 958.55 444231 GARCIAA Alissa Garcia 11/02/2023 0.00 479.42
444232 NAPA GDMI ENT INC 11/02/2023 0.00 78.31
444233 VALEROS Sunny Gonzales 11/02/2023 0.00 55.20
444234 GRAING Grainger 11/02/2023 0.00 407.97
444235 HDFOWLER H. D. Fowler Company, Inc 11/02/2023 0.00 1,531.59 444236 HARPER Harvey M. Harper Company 11/02/2023 0.00 236.19 444237 USABLUEB HD Supply, Inc. 11/02/2023 0.00 979.34
444238 HEISSMan Mandie Heiss 11/02/2023 0.00 156.60
444239 HEMMIN Hemmingsen Contracting Co Inc 11/02/2023 0.00 15,151.24 444240 QUALITYC ICC Codification, Inc 11/02/2023 0.00 1,942.50 444241 INDEPE Independent Business Forms, Inc 11/02/2023 0.00 818.99 444242 INDUSTE Industrial Electric Arcata Inc 11/02/2023 0.00 725.62 444243 BICOASTA KPOD, LLC. 11/02/2023 0.00 599.00
444244 LESSCH Les Schwab Tire Centers of California Inc 11/02/2023 0.00 97.28 444245 LEXISNEX LexisNexis Risk Data Management Inc 11/02/2023 0.00 200.00 444246 LOYENG Yeng Lo 11/02/2023 0.00 349.65
444247 THRIFT Malcolm Kelly Inc. 11/02/2023 0.00 443.76 444248 MILLERE Ethan Miller 11/02/2023 0.00 70.30
AP Checks by Date - Summary by Check Number (11/14/2023 5:14 PM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 444249 MISSIO Mission Linen Supply 11/02/2023 0.00 389.53 444250 MORRISW William Morris 11/02/2023 0.00 54.09
444251 NCAGLOV NCG Safety Inc 11/02/2023 0.00 233.98
444252 NCCENT NCL of Wisconsin Inc 11/02/2023 0.00 2,043.06 444253 UB*05869 MARY NISKI 11/02/2023 0.00 259.03
444254 NCLAB North Coast Laboratories LTD 11/02/2023 0.00 60.00 444255 NORTHR Northridge Electric LLC 11/02/2023 0.00 10,501.56 444256 HUMPES Northwest Property Services Inc 11/02/2023 0.00 164.00 444257 UB*05861 ROBERT NUNNELEY 11/02/2023 0.00 35.72
444258 JACOBS Operations Management International, Inc. 11/02/2023 0.00 163,641.04 444259 OREILLY O'Reilly Auto Enterprises LLC 11/02/2023 0.00 172.44 444260 UB*05871 ERICK OSHEL 11/02/2023 0.00 160.89
444261 MENDES Pacific Packaging & Supply Co Inc 11/02/2023 0.00 292.84 444262 PEARSONA Alex Pearson 11/02/2023 0.00 280.09
444263 PLATTPAC Platt Pacific Company 11/02/2023 0.00 10.61 444264 UB*05867 JAMES QUICK 11/02/2023 0.00 250.00
444265 DNDISP Recology Del Norte 11/02/2023 0.00 2,250.58 444266 CAMPSPOT Rezplot Systems, LLC 11/02/2023 0.00 815.40 444267 RITCHKel Kelly Ritchie 11/02/2023 0.00 203.20
444268 ROSSJAN Matthew Ross 11/02/2023 0.00 2,085.00
444269 SANDERSD Daniel Sanders 11/02/2023 0.00 76.70
444270 SEAREACH Sea Reach Ltd 11/02/2023 0.00 49,851.25 444271 SPECIALP Specialized Pavement Marking, LLC 11/02/2023 0.00 18,262.50 444272 SPERLING Connor Sperling 11/02/2023 0.00 165.20
444273 QUILLC Staples 11/02/2023 0.00 40.04
444274 DNOFFI Debra Stover 11/02/2023 0.00 271.79
444275 TIDEWA Tidewater Contractors Inc 11/02/2023 0.00 1,038.08 444276 UB*05870 HUNTER TRIMM 11/02/2023 0.00 95.33
444277 UNIVAR Univar Solutions USA Inc. 11/02/2023 0.00 572.18 444278 CALCARDS US Bank Corporate Pmt Systems 11/02/2023 0.00 17,907.20 444279 VERIZO3 Verizon Wireless Services LLC 11/02/2023 0.00 4,799.87 444280 CACEHA Wiececke and Associates 11/02/2023 0.00 2,014.59 444281 YOUNGM Michael Young 11/02/2023 0.00 1,110.00
444282 UB*05872 KENNETH WITHERBY 11/02/2023 0.00 235.58 Report Total (81 checks): 0.00 477,151.43
AP Checks by Date - Summary by Check Number (11/14/2023 5:14 PM) Page 2 MEMO
TO: City Council
FROM: Kristie Bates, Finance Technician
DATE: 11/14/2023
SUBJECT: Accounts Payable Checks 10/21-11/03-23
MESSAGE:
Please note that the total of the Accounts Payable checks reports dated 10/21-11/03/2023 is $478,414.28. The correct total is $477,151.43. This is due to a refund request that was generated on 11/02/2023 which is reflected on that report in the first page totaling $1,482.36. These refund checks have not yet been printed, but they are reflected here as the date requested falls in that date range.
AP
10-21-23 to 11-03-23 Council
User: [email protected]
Printed: 11/14/2023 5:13:06 PM
Check Numbe Check Date Acct 1 Description Amount Selected For Void 0 10/30/2023 610-000-2185-00000 PR Batch 00022.10.2023 State Income Tax 2,332.25 False 0 10/30/2023 610-000-2185-00000 PR Batch 00002.10.2023 State Income Tax 2,864.89 False 0 10/30/2023 610-000-2189-00000 PR Batch 00002.10.2023 Federal Income Tax 9,903.17 False 0 10/30/2023 610-000-2188-00000 PR Batch 00002.10.2023 Medicare Employee Portion 1,642.58 False 0 10/30/2023 610-000-2188-00000 PR Batch 00002.10.2023 Medicare Employer Portion 1,642.58 False 0 10/30/2023 610-000-2188-00000 PR Batch 00022.10.2023 Medicare Employee Portion 1,207.40 False 0 10/30/2023 610-000-2188-00000 PR Batch 00022.10.2023 Medicare Employer Portion 1,207.40 False 0 10/30/2023 610-000-2189-00000 PR Batch 00022.10.2023 Federal Income Tax 7,464.14 False 0 10/30/2023 610-000-2187-00000 PR Batch 00002.10.2023 EE PERS Contribution 8,295.36 False 0 10/30/2023 610-000-2187-00000 PR Batch 00002.10.2023 Survivor Benefit 37.20 False 0 10/30/2023 610-000-2187-00000 PR Batch 00002.10.2023 ER PERS Contribution 10,697.05 False 0 10/30/2023 610-000-2187-00000 PR Batch 00022.10.2023 ER PERS Contribution 9,103.69 False 0 10/30/2023 610-000-2187-00000 PR Batch 00022.10.2023 EE PERS Contribution 7,071.81 False 0 10/30/2023 610-000-2187-00000 PR Batch 00022.10.2023 Survivor Benefit 22.96 False 0 10/30/2023 610-000-2187-00000 PR Batch 00002.10.2023 Service Credit Purchase 413.20 False 0 11/2/2023 419-000-2110-00000 Refund Check 109771-001, 555 REDDY AVE 84.26 False 0 11/2/2023 419-000-2110-00000 Refund Check 110709-000, 585 EL DORADO ST 210.03 False 0 11/2/2023 419-000-2110-00000 Refund Check 110129-000, 2350 HOWLAND HILL RD 49.48 False 0 11/2/2023 419-000-2110-00000 Refund Check 108225-001, 2604 OLIVER AVE 192.78 False 0 11/2/2023 419-000-2110-00000 Refund Check 109107-000, 101 SMUGGLERS COVE WAY 192.91 False 0 11/2/2023 419-000-2110-00000 Refund Check 103815-001, 125 BECKY CT 248.95 False 0 11/2/2023 419-000-2110-00000 Refund Check 005414-001, 245 MAIDEN LN # 2 42.22 False 0 11/2/2023 419-000-2110-00000 Refund Check 102749-000, 160 MARINE WAY 145.48 False 0 11/2/2023 419-000-2110-00000 Refund Check 112119-000, 1071 GAINARD ST 96.74 False 444205 10/30/2023 610-000-2170-00000 PR Batch 00002.10.2023 Child Support-CA 158.76 False 444205 10/30/2023 610-000-2170-00000 PR Batch 00002.10.2023 Child Support CA Flat Amt 2 103.36 False 444205 10/30/2023 610-000-2170-00000 PR Batch 00002.10.2023 Child Support-CA 96.00 False 444206 10/30/2023 610-000-2184-00000 PR Batch 00022.10.2023 CCEA Monthly Dues 10.00 False 444206 10/30/2023 610-000-2184-00000 PR Batch 00002.10.2023 CCEA Monthly Dues 60.00 False 444207 10/30/2023 610-000-2181-00000 PR Batch 00022.10.2023 CCPOA Dues 550.00 False 444208 10/30/2023 610-000-2186-00000 Plan # 306752 764.06 False 444208 10/30/2023 610-000-2178-00000 Plan # 300878 115.00 False 444208 10/30/2023 610-000-2178-00000 Plan # 300878 439.22 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 1 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444208 10/30/2023 610-000-2186-00000 Plan # 306752 160.20 False 444208 10/30/2023 610-000-2186-00000 Plan # 306752 240.42 False 444208 10/30/2023 610-000-2186-00000 Plan # 306752 50.41 False 444208 10/30/2023 610-000-2178-00000 Plan # 300878 1,125.00 False 444209 10/30/2023 610-000-2170-00000 PR Batch 00002.10.2023 Wage Garn-FTB 43.79 False 444210 11/2/2023 919-371-4799-37114 Surge tank design 9,966.36 False 444210 11/2/2023 901-480-4799-2020S Swimming pool boiler, HVAC, dehumidification project design 29,740.20 False 444210 11/2/2023 901-480-4799-2020S Swimming pool boiler, HVAC, dehumidification project design 1,061.60 False 444211 11/2/2023 419-000-2110-00000 Refund Check 111379-000, 260 BARKER ST 250.00 False 444212 11/2/2023 001-112-4310-00000 REFUND - Wireless headset - INV# 17FN-KPCR-3HX9 09/18/2023 -50.59 False 444212 11/2/2023 001-114-4310-00000 Calendar/Planner 45.11 False 444212 11/2/2023 001-480-4320-00000 Water clog shoes 68.93 False 444212 11/2/2023 001-240-4391-00000 REFUND - Backrack safety rack - INV# 1HMP-N17F-GR44 09/16/2023 -324.74 False 444212 11/2/2023 420-115-4390-00000 Work Boots 102.26 False 444212 11/2/2023 001-480-4390-00000 Raffle tickets 9.52 False 444212 11/2/2023 412-100-4390-00000 Pet waste bags, coffee pods, megaphone speaker, walkie talkie 332.95 False 444212 11/2/2023 001-112-4310-00000 Dry erase board, pencil cup, wigs, picture frames 86.43 False 444212 11/2/2023 413-356-4390-35022 Clipboard (6PK) 11.56 False 444212 11/2/2023 419-371-4390-00000 Clipboard (6PK) 11.56 False 444212 11/2/2023 001-480-4310-00000 Business card holder 12.98 False 444212 11/2/2023 419-371-4390-00000 Chargers for water meter reader 23.77 False 444212 11/2/2023 001-230-4312-00000 Scanner for fire chief 475.21 False 444212 11/2/2023 001-240-4310-00000 Clipboard with easel 17.31 False 444212 11/2/2023 001-240-4393-0VIPS K9 Scent training manual 46.45 False 444212 11/2/2023 420-115-4390-00000 Phone chargers 32.37 False 444212 11/2/2023 001-240-4310-00000 Toner cartridge 55.93 False 444212 11/2/2023 420-115-4390-00000 Laptop charger 56.26 False 444212 11/2/2023 001-364-4390-10025 Laserline & Bracket 330.38 False 444212 11/2/2023 508-508-4310-00000 Calendars (x3) 63.30 False 444212 11/2/2023 419-120-4310-00000 Calendar 14.12 False 444212 11/2/2023 001-480-4390-00000 Kid alert safety signs (X2) 71.30 False 444212 11/2/2023 001-112-4310-00000 Desk calendar 17.47 False 444213 11/2/2023 419-372-3821-41028 BOV Monthly maintenence Aug 23 7,183.91 False 444213 11/2/2023 419-372-3821-41028 BOV Monthly maintenence Jul 23 8,329.94 False 444213 11/2/2023 419-000-2115-00000 BOV Monthly maintenence Sept 23 - Water Connections 1,440.00 False 444213 11/2/2023 419-372-3821-41028 BOV Monthly maintenence Sept 23 - Admin Fees -36.00 False 444213 11/2/2023 419-372-3821-41028 BOV Monthly maintenence Sept 23 8,210.32 False 444214 11/2/2023 419-371-4220-00000 Tank set for generator at 5201 Wonderstump - ACCT # 02-1062483 978.11 False 444214 11/2/2023 001-230-4220-00000 Propane - Fire Dept - Acct # 02-0009979 176.52 False 444214 11/2/2023 001-240-4220-00000 Propane Police FINANCE CHARGE - Acct # 02-1038315 - 2.00 False 444214 11/2/2023 001-112-4210-00000 Propane 09/13-10/12 - ACCT# 02-1031563 237.29 False 444214 11/2/2023 001-480-4220-00000 Propane Pool 09/13-10/12 - ACCT# 02-0065442 3,161.22 False 444214 11/2/2023 001-471-4220-00000 ACCT CREDIT - Propane - ACCT# 02-0065468 -5.00 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 2 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444214 11/2/2023 001-240-4220-00000 Propane Police 09/13-10/12 - Acct # 02-1038315 15.44 False 444214 11/2/2023 001-471-4220-00000 Propane 09/13-10/12 - ACCT# 02-0065468 11.00 False 444215 11/2/2023 412-000-3570-00000 Early departure - Conf #4637 566.07 False 444215 11/2/2023 001-000-3221-00000 Early departure - Conf # 4637 56.61 False 444217 11/2/2023 001-112-4431-00000 FY24 Chamber of Commerce and Visitor Bureau Contribution 25,500.00 False 444218 11/2/2023 419-372-3822-41029 CSA Monthly maintenence Sept 23 674.26 False 444218 11/2/2023 419-372-3822-41029 CSA Monthly maintenence July 23 722.58 False 444218 11/2/2023 419-000-1510-00000 CSA Monthly maintenence May 23 - CREDIT FOR DOUBLE PAYMENT -525.73 False 444218 11/2/2023 419-372-3822-41029 CSA Monthly maintenence Aug 23 629.32 False 444219 11/2/2023 508-508-4390-00000 Batteries 105.92 False 444220 11/2/2023 001-111-4550-00000 Annual Del Norte Triplicate newspaper subscription 28.34 False 444220 11/2/2023 413-111-4550-00000 Annual Del Norte Triplicate newspaper subscription 28.33 False 444220 11/2/2023 419-111-4550-00000 Annual Del Norte Triplicate newspaper subscription 28.33 False 444221 11/2/2023 413-351-4390-00000 Annual Microbiology Supplies FY24 411.82 False 444222 11/2/2023 413-356-4390-35020 Finance Charges - Acct #2040-35804 110.21 False 444223 11/2/2023 419-372-3823-41030 Meadowbrook Monthly Maintenence Aug 23 602.18 False 444223 11/2/2023 419-372-3823-41030 Meadowbrook Monthly Maintenence July 23 588.81 False 444223 11/2/2023 419-372-3823-41030 Meadowbrook Monthly Maintenence Sept 23 650.91 False 444224 11/2/2023 412-000-3570-00000 Early departure - Conf # 4615 52.00 False 444224 11/2/2023 001-000-3221-00000 Early departure - Conf # 4615 5.20 False 444225 11/2/2023 412-100-4230-00000 RV Park - TV/INTERNET Service : 10/25-11/24/23 - Acct #335006466 950.31 False 444226 11/2/2023 413-352-4470-00000 Sample delivery to North Coast Labs for WW & DW FY24 30.00 False 444227 11/2/2023 001-000-3221-00000 Cancelled w/ 72 hours notice - Conf # 4437 3.74 False 444227 11/2/2023 412-000-3570-00000 Cancelled w/ 72 hours notice - Conf # 4437 37.36 False 444228 11/2/2023 419-371-4530-00000 10/8-10/9/23 - Eugene, OR - DW Dist Grade 2 Exam - per diem meal 24.80 False 444229 11/2/2023 506-506-4390-00000 Flag Pole Rope 62.35 False 444230 11/2/2023 419-371-4390-00000 2 - 4" repair bands to replace inventory 958.55 False 444231 11/2/2023 001-480-4378-00000 Reimbursment - food for swim shop 29.58 False 444231 11/2/2023 001-480-4310-00000 Reimbursment - pool office supplies 45.08 False 444231 11/2/2023 001-480-4390-00000 Reimbursment - Halloween event 404.76 False 444232 11/2/2023 001-230-4391-00000 Diesel exhaust 64.91 False 444232 11/2/2023 001-230-4390-00000 Diatomaceous Earth 13.40 False 444233 11/2/2023 001-114-4530-00000 10/18-10/20/23 - Corning CA - GSRMA Conf-gas/meals per diem FINA 55.20 False 444234 11/2/2023 506-506-4390-00000 Exit/Entrance sign 78.15 False 444234 11/2/2023 506-506-4390-00000 LED Panels 329.82 False 444235 11/2/2023 413-353-4390-00000 Sewer pipe and drain for Front Street Repair 1,416.68 False 444235 11/2/2023 919-371-4799-37119 Washington Culvert water parts 114.91 False 444236 11/2/2023 001-240-4391-00000 Moulding 236.19 False 444237 11/2/2023 419-371-4390-00000 Gate key valve 587.87 False 444237 11/2/2023 419-371-4390-00000 Hydrant Adapter 391.47 False 444238 11/2/2023 412-000-3570-00000 Cancelled w/ 72 hours notice - Conf # 4417 142.36 False 444238 11/2/2023 001-000-3221-00000 Cancelled w/ 72 hours notice - Conf # 4417 14.24 False 444239 11/2/2023 001-364-4390-2020S FY24 Annual Rock to fill excavations 94.23 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 3 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444239 11/2/2023 419-371-4390-00000 FY24 Annual Rock to fill excavations 878.99 False 444239 11/2/2023 413-353-4390-00000 FY24 Annual Rock to fill excavations 188.25 False 444239 11/2/2023 001-364-4390-10025 FY24 Annual Rock to fill excavations 94.23 False 444239 11/2/2023 001-470-4390-00000 Dirt for dog park 216.50 False 444239 11/2/2023 419-371-4450-00000 City & County Water installation/repair paving 13,679.04 False 444240 11/2/2023 001-113-4450-00000 Municode updates/supplements: FY 23/24 7/1/23-06/30/24 1,126.00 False 444240 11/2/2023 001-113-4450-00000 Municode updates/supplements: FY 22/23 816.50 False 444242 11/2/2023 413-356-4390-35022 Pebble beach Lift Station - repair to motor 725.62 False 444243 11/2/2023 001-112-4430-00000 Radio advertising - KPOD AM 199.00 False 444243 11/2/2023 001-112-4430-00000 Radio advertising - KCRE 200.00 False 444243 11/2/2023 001-112-4430-00000 Radio advertising - KPOD FM 200.00 False 444244 11/2/2023 001-240-4391-00000 Mount and balance 97.28 False 444245 11/2/2023 001-240-4409-00000 Monthly service fee - Sept 23 - Inv # 1455780-20230930 200.00 False 444246 11/2/2023 001-240-4530-00000 11/12-11/18/23 - Marina, CA -ICI Sexual Assault Trng - per diem 349.65 False 444247 11/2/2023 419-371-4390-00000 PVC Parts 443.76 False 444248 11/2/2023 001-240-4530-00000 9/26-9/29/23 Lake Tahoe SOSO BootCamp - per diem FINAL 70.30 False 444249 11/2/2023 001-480-4450-00000 Laundry Service/Uniforms FY24 - Pool Mats 36.86 False 444249 11/2/2023 419-111-4370-00000 City Hall Mats 0.42 False 444249 11/2/2023 413-353-4370-00000 City Hall Mats 0.43 False 444249 11/2/2023 413-120-4370-00000 City Hall Mats 2.56 False 444249 11/2/2023 001-111-4370-00000 City Hall Mats 0.45 False 444249 11/2/2023 001-130-4370-00000 City Hall Mats 0.33 False 444249 11/2/2023 001-112-4370-00000 City Hall Mats 0.33 False 444249 11/2/2023 413-352-4370-00000 City Hall Mats 0.21 False 444249 11/2/2023 419-130-4370-00000 City Hall Mats 0.27 False 444249 11/2/2023 001-113-4370-00000 City Hall Mats 1.25 False 444249 11/2/2023 420-115-4370-00000 City Hall Mats 2.60 False 444249 11/2/2023 001-250-4370-00000 City Hall Mats 0.29 False 444249 11/2/2023 413-111-4370-00000 City Hall Mats 0.43 False 444249 11/2/2023 001-470-4370-00000 City Hall Mats 0.25 False 444249 11/2/2023 001-350-4370-00000 City Hall Mats 0.99 False 444249 11/2/2023 413-357-4370-00000 City Hall Mats 0.76 False 444249 11/2/2023 001-480-4370-00000 City Hall Mats 0.29 False 444249 11/2/2023 001-471-4370-00000 City Hall Mats 0.14 False 444249 11/2/2023 412-100-4370-00000 City Hall Mats 0.41 False 444249 11/2/2023 001-251-4370-00000 City Hall Mats 0.33 False 444249 11/2/2023 001-120-4370-00000 City Hall Mats 2.31 False 444249 11/2/2023 001-313-4370-00000 City Hall Mats 0.65 False 444249 11/2/2023 413-130-4370-00000 City Hall Mats 0.27 False 444249 11/2/2023 001-114-4370-00000 City Hall Mats 1.32 False 444249 11/2/2023 419-371-4370-00000 City Hall Mats 1.64 False 444249 11/2/2023 419-120-4370-00000 City Hall Mats 2.56 False 444249 11/2/2023 001-364-4370-00000 City Hall Mats 0.44 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 4 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444249 11/2/2023 412-120-4370-00000 City Hall Mats 0.27 False 444249 11/2/2023 508-508-4320-00000 Laundry Service/Uniforms FY24 35.69 False 444249 11/2/2023 413-353-4320-00000 Laundry Service/Uniforms FY24 31.33 False 444249 11/2/2023 413-351-4320-00000 Laundry Service/Uniforms FY24 15.48 False 444249 11/2/2023 413-351-4320-00000 Nitrile Gloves 68.20 False 444249 11/2/2023 001-480-4450-00000 Laundry Service/Uniforms FY24 - Pool Mats 36.86 False 444249 11/2/2023 413-351-4320-00000 Laundry Service/Uniforms FY24 22.14 False 444249 11/2/2023 413-353-4320-00000 Laundry Service/Uniforms FY24 61.55 False 444249 11/2/2023 413-351-4320-00000 Laundry Service/Uniforms FY24 22.14 False 444249 11/2/2023 001-480-4450-00000 Laundry Service/Uniforms FY24 - Pool Mats 36.86 False 444250 11/2/2023 001-480-4390-00000 Reimbursement for cold packs and batteries for pool 54.09 False 444251 11/2/2023 001-364-4390-10025 Vests 25.67 False
444251 11/2/2023 413-353-4390-00000 Vests 25.67 False
444251 11/2/2023 001-470-4390-00000 Vests 25.69 False
444251 11/2/2023 419-371-4390-00000 Vests 25.67 False
444251 11/2/2023 419-371-4390-00000 Gloves 32.82 False
444251 11/2/2023 001-470-4390-00000 Gloves 32.82 False
444251 11/2/2023 001-364-4390-10025 Gloves 32.82 False
444251 11/2/2023 413-353-4390-00000 Gloves 32.82 False
444252 11/2/2023 413-351-4390-00000 ACS Chemicals, Reagents, equipment, and misc supplies FY24 2,043.06 False 444253 11/2/2023 419-000-2110-00000 Refund Check 106129-001, 224 3RD ST #1 259.03 False 444254 11/2/2023 413-351-4685-00000 External regulatory lab tests for CCWQL & pretreat reimb 60.00 False 444255 11/2/2023 919-371-4799-37110 Install propane generator at Wonderstump PRV station 8,617.14 False 444255 11/2/2023 413-356-4390-35020 Oregon lift station emergency repair during SR Complex Fire powe 1,884.42 False 444256 11/2/2023 506-506-4450-00000 Pest Control 82.00 False 444256 11/2/2023 506-506-4450-00000 Pest Control 82.00 False 444257 11/2/2023 419-000-2110-00000 Refund Check 104008-002, 544 PACIFIC AVE 35.72 False 444258 11/2/2023 413-352-4450-00000 Annual Maintenance of WWTP FY24 - Oct 23 13,333.33 False 444258 11/2/2023 413-352-4409-00000 Annual Operations of WWTP FY24 - Oct 23 121,383.74 False 444258 11/2/2023 413-352-4330-00000 Extra fuel reimbursement for WWTP due to Smith River Complex Fir 24,761.85 False 444258 11/2/2023 413-000-1202-00000 Annual Operations of WWTP FY24 - Oct 23 -8,201.20 False 444258 11/2/2023 413-352-4409-00000 PHASE 1 Crescent City Wastewater Treatment Plant, RBC Capital Up 12,363.32 False 444259 11/2/2023 508-508-4390-00000 Wiper Motor 120.52 False 444259 11/2/2023 412-100-4390-00000 Mower battery 61.92 False 444259 11/2/2023 412-100-4390-00000 Mower battery - Core return -10.00 False 444260 11/2/2023 419-000-2110-00000 Refund Check 111369-001, 773 9TH ST 160.89 False 444261 11/2/2023 506-506-4370-00000 Janitorial Supplies- City-Wide 7.64 False 444261 11/2/2023 420-115-4370-00000 Janitorial Supplies- City-Wide 0.76 False 444261 11/2/2023 506-506-4370-00000 Janitorial Supplies- City-Wide 4.09 False 444261 11/2/2023 001-113-4370-00000 Janitorial Supplies- City-Wide 0.41 False 444261 11/2/2023 001-471-4370-00000 Janitorial Supplies- City-Wide 4.08 False 444261 11/2/2023 001-240-4370-00000 Janitorial Supplies- City-Wide 4.08 False 444261 11/2/2023 001-350-4370-00000 Janitorial Supplies- City-Wide 11.63 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 5 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444261 11/2/2023 001-470-4370-00000 Janitorial Supplies- City-Wide 85.85 False 444261 11/2/2023 001-113-4370-00000 Janitorial Supplies- City-Wide 0.76 False 444261 11/2/2023 001-111-4370-00000 Janitorial Supplies- City-Wide 0.41 False 444261 11/2/2023 412-100-4370-00000 Janitorial Supplies- City-Wide 7.63 False 444261 11/2/2023 001-471-4370-00000 Janitorial Supplies- City-Wide 7.63 False 444261 11/2/2023 413-352-4370-00000 Janitorial Supplies- City-Wide 7.63 False 444261 11/2/2023 508-508-4370-00000 Janitorial Supplies- City-Wide 5.11 False 444261 11/2/2023 413-120-4370-00000 Janitorial Supplies- City-Wide 0.41 False 444261 11/2/2023 413-352-4370-00000 Janitorial Supplies- City-Wide 4.08 False 444261 11/2/2023 001-251-4370-00000 Janitorial Supplies- City-Wide 0.21 False 444261 11/2/2023 419-120-4370-00000 Janitorial Supplies- City-Wide 0.76 False 444261 11/2/2023 413-120-4370-00000 Janitorial Supplies- City-Wide 0.76 False 444261 11/2/2023 420-115-4370-00000 Janitorial Supplies- City-Wide 0.41 False 444261 11/2/2023 412-100-4370-00000 Janitorial Supplies- City-Wide 4.08 False 444261 11/2/2023 001-114-4370-00000 Janitorial Supplies- City-Wide 0.76 False 444261 11/2/2023 001-240-4370-00000 Janitorial Supplies- City-Wide 7.63 False 444261 11/2/2023 419-120-4370-00000 Janitorial Supplies- City-Wide 0.41 False 444261 11/2/2023 001-480-4370-00000 Janitorial Supplies- City-Wide 10.21 False 444261 11/2/2023 001-120-4370-00000 Janitorial Supplies- City-Wide 1.63 False 444261 11/2/2023 001-114-4370-00000 Janitorial Supplies- City-Wide 0.40 False 444261 11/2/2023 001-251-4370-00000 Janitorial Supplies- City-Wide 0.38 False 444261 11/2/2023 001-120-4370-00000 Janitorial Supplies- City-Wide 3.05 False 444261 11/2/2023 001-480-4370-00000 Janitorial Supplies- City-Wide 19.08 False 444261 11/2/2023 001-313-4370-00000 Janitorial Supplies- City-Wide 0.41 False 444261 11/2/2023 001-470-4370-00000 Janitorial Supplies- City-Wide 45.93 False 444261 11/2/2023 001-111-4370-00000 Janitorial Supplies- City-Wide 0.77 False 444261 11/2/2023 001-350-4370-00000 Janitorial Supplies- City-Wide 21.75 False 444261 11/2/2023 508-508-4370-00000 Janitorial Supplies- City-Wide 9.54 False 444261 11/2/2023 001-313-4370-00000 Janitorial Supplies- City-Wide 0.76 False 444262 11/2/2023 001-240-4530-00000 9/26-9/29/23 Lake Tahoe SOSO BootCamp - per diem meals/gas FINAL 280.09 False 444263 11/2/2023 001-480-4390-00000 Finance Charge 10.61 False 444264 11/2/2023 419-000-2110-00000 Refund Check 110206-000, 740 CHILDS AVE 250.00 False 444265 11/2/2023 412-100-4225-00000 FY23/24 Refuse services for RV Park - 10/1-10/31 -ACCT#200265009 2,250.58 False 444266 11/2/2023 412-100-4409-00000 Campspot billing for FY23/24 - 09/01-09/30 815.40 False 444267 11/2/2023 412-000-3510-00000 Cancelled w/ 72 hours notice - Conf # 4596 184.73 False 444267 11/2/2023 001-000-3221-00000 Cancelled w/ 72 hours notice - Conf # 4596 18.47 False 444268 11/2/2023 001-230-4451-00000 FY24 Janitorial Services - Oct 2023 140.00 False 444268 11/2/2023 506-506-4450-00000 FY24 Janitorial Services - Oct 2023 470.00 False 444268 11/2/2023 001-470-4450-00000 Cleaning of park restrooms - Oct 23 1,475.00 False 444269 11/2/2023 001-240-4530-00000 10/12-10/13/23 -Chico, CA- K9 Recert- per diem meals FINAL 76.70 False 444270 11/2/2023 901-470-4799-47011 Implementation of the Tolowa Coastal Stories Grant 49,851.25 False 444271 11/2/2023 001-364-4450-2020S Measure S Striping Project FY24 18,262.50 False 444272 11/2/2023 001-240-4530-00000 10/15-10/17/23 - Chico, CA K9 Agitator Training - meals FINAL 165.20 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 6 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444273 11/2/2023 001-313-4310-00000 CH Office Supplies 1.16 False 444273 11/2/2023 001-480-4310-00000 CH Office Supplies 0.52 False 444273 11/2/2023 413-357-4310-00000 CH Office Supplies 1.36 False 444273 11/2/2023 001-364-4310-00000 CH Office Supplies 0.80 False 444273 11/2/2023 420-115-4310-00000 CH Office Supplies 4.65 False 444273 11/2/2023 001-250-4310-00000 CH Office Supplies 0.52 False 444273 11/2/2023 001-120-4310-00000 CH Office Supplies 4.12 False 444273 11/2/2023 001-350-4310-00000 CH Office Supplies 1.76 False 444273 11/2/2023 413-352-4310-00000 CH Office Supplies 0.36 False 444273 11/2/2023 001-470-4310-00000 CH Office Supplies 0.44 False 444273 11/2/2023 001-111-4310-00000 CH Office Supplies 0.80 False 444273 11/2/2023 001-112-4310-00000 CH Office Supplies 0.60 False 444273 11/2/2023 412-120-4310-00000 CH Office Supplies 0.48 False 444273 11/2/2023 001-114-4310-00000 CH Office Supplies 2.36 False 444273 11/2/2023 001-130-4310-00000 CH Office Supplies 0.60 False 444273 11/2/2023 413-130-4310-00000 CH Office Supplies 0.48 False 444273 11/2/2023 413-353-4310-00000 CH Office Supplies 0.76 False 444273 11/2/2023 001-113-4310-00000 CH Office Supplies 2.25 False 444273 11/2/2023 413-120-4310-00000 CH Office Supplies 4.56 False 444273 11/2/2023 419-371-4310-00000 CH Office Supplies 2.93 False 444273 11/2/2023 413-111-4310-00000 CH Office Supplies 0.76 False 444273 11/2/2023 001-471-4310-00000 CH Office Supplies 0.24 False 444273 11/2/2023 419-120-4310-00000 CH Office Supplies 4.57 False 444273 11/2/2023 001-251-4310-00000 CH Office Supplies 0.60 False 444273 11/2/2023 419-111-4310-00000 CH Office Supplies 0.76 False 444273 11/2/2023 412-100-4310-00000 CH Office Supplies 0.72 False 444273 11/2/2023 419-130-4310-00000 CH Office Supplies 0.48 False 444274 11/2/2023 412-100-4310-00000 Stickie Notes 9.42 False 444274 11/2/2023 001-114-4310-00000 HR Office supplies and birthday cards 16.03 False 444274 11/2/2023 412-100-4310-00000 Sharpie Markers 15.96 False 444274 11/2/2023 001-113-4310-00000 Certificate holders for Council Mtgs 21.64 False 444274 11/2/2023 001-112-4310-00000 Calendars 39.37 False 444274 11/2/2023 413-120-4310-00000 Paper for water dept 77.23 False 444274 11/2/2023 419-120-4310-00000 Paper for water dept 77.24 False 444274 11/2/2023 001-480-4310-00000 Wall calendar 14.90 False 444275 11/2/2023 001-364-4390-2020S FY24 Annual Concrete for Water/Sewer/Street/Sidewalk Repairs 1,038.08 False 444276 11/2/2023 419-000-2110-00000 Refund Check 111714-000, 735 E ST #2 95.33 False 444277 11/2/2023 001-480-4340-00000 FY24 Sodium Hypochlorite 572.18 False 444278 11/2/2023 001-240-4530-00000 CHEVRON:10/15-10/17/23 - Chico, CA K9 Agitator Tng - C. Sperling 43.81 False 444278 11/2/2023 001-240-4409-00000 3M CREDIT: Medical clearance for respirator - Police 58.00 False 444278 11/2/2023 001-251-4550-00000 CA BLDG: Annual calbo membership 215.00 False 444278 11/2/2023 001-240-4393-0VIPS AKC ECOMMERCE: K9 TRAINING 30.00 False 444278 11/2/2023 001-240-4530-00000 TAHOE SEASONS: 9/26-9/29/23 Lake Tahoe SOSO BootCamp - A.Pearson 67.20 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 7 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444278 11/2/2023 001-230-4390-00000 ACE HARDWARE: Batteries for equip 64.92 False 444278 11/2/2023 508-508-4390-60003 RIFFRAFFDIESEL.COM - parts for the airport fire truck repairs 852.83 False 444278 11/2/2023 001-114-4390-00000 AMAZON: Mask training adapter 46.01 False 444278 11/2/2023 001-113-4450-00000 STORYWELL: Physical document storage 470.00 False 444278 11/2/2023 419-120-4240-00000 USPS: Postage 99.00 False 444278 11/2/2023 419-120-4530-00000 SPRINGBROOK SOFTWARE: Training 450.00 False 444278 11/2/2023 001-240-4390-00000 BULKMUNITIONS.COM - shotgun/rifle/handgun ammo 4,680.73 False 444278 11/2/2023 001-230-4409-00000 FIRE PROGRAMS: Fire archives 206.42 False 444278 11/2/2023 001-114-4390-00000 AMAZON: Misc safety training supplies 149.20 False 444278 11/2/2023 001-240-4393-0VIPS CASCADIA: K9 Training 30.00 False 444278 11/2/2023 001-113-4450-00000 STORYWELL ELK VALLEY: Physical document storage - 8/1-8/31 235.00 False 444278 11/2/2023 412-100-4240-00000 USPS: Postage 15.00 False 444278 11/2/2023 001-240-4393-0VIPS AKC ECOMMERCE: K9 TRAINING 20.00 False 444278 11/2/2023 001-350-4550-00000 APPLE.COM: iCloud maint mgr PW 0.99 False 444278 11/2/2023 001-480-4390-00000 SUPPLYHOUSE: Water Board 274.41 False 444278 11/2/2023 413-352-4240-00000 MAIL ROOM: Solids shipping 92.10 False 444278 11/2/2023 001-230-4390-00000 101 DRY CLEANING: Chief's uniform prep 6.00 False 444278 11/2/2023 419-371-4530-00000 LA QUINTA 10/8-10/9/23 - Eugene, OR - DW Dist Grade 2 - E. Eiler 152.72 False 444278 11/2/2023 001-240-4530-00000 ALMEDA CNTY: REFUND for cancelled conference - A. Pearson -552.00 False 444278 11/2/2023 001-230-4530-00000 MARRIOTT:10/13-10/15/23 - Sacramento - CA FF's Memorial -K. Care 363.61 False 444278 11/2/2023 413-120-4240-00000 USPS: Postage 52.80 False 444278 11/2/2023 413-353-4530-00000 CAL WATER ENVIR: CWEA DeForge 192.00 False 444278 11/2/2023 121-230-4390-00000 GALLS.COM - uniform polos for volunteers 821.85 False 444278 11/2/2023 001-230-4390-00000 5.11 TACTICAL: Chief's jacket 76.13 False 444278 11/2/2023 419-371-4530-00000 BEAR RIVER: 10/19-10/20/23 - Leleta, CA- NCRP Qtryl- Leighton 178.08 False 444278 11/2/2023 001-240-4320-00000 GALLS: Patrol jacket 226.89 False 444278 11/2/2023 419-371-4409-00000 3M CREDIT: Medical clearance for respirator - PW 29.00 False 444278 11/2/2023 001-230-4391-00000 MAIL ROOM: #5100 ship TIC for repair 105.85 False 444278 11/2/2023 001-110-4530-00000 CHEVRON;9/20-9/22/23 Sacramento - League of CA Annual Conf -J. G 67.16 False 444278 11/2/2023 413-120-4240-00000 USPS: Postage 99.00 False 444278 11/2/2023 001-480-4390-00000 SUPPLYHOUSE: Flow switch 248.51 False 444278 11/2/2023 413-120-4530-00000 CSMFO:1/28-2/3/24 - Anaheim, CA - Conf- C. Rawlings - Registrati 255.00 False 444278 11/2/2023 001-230-4391-00000 AMAZON: BC Rig replacement mirror 283.46 False 444278 11/2/2023 001-240-4530-00000 OXFORD:10/15-10/17 - Chico, CA K9 Agitator Training- C. Sperling 201.96 False 444278 11/2/2023 413-351-4310-00000 QUILL: Office Supplies for the Water Quality Lab 679.25 False 444278 11/2/2023 001-240-4530-00000 TINAS: 10/15-10/17/23 - Chico, CA K9 Agitator Tng - C. Sperling 82.80 False 444278 11/2/2023 001-251-4409-00000 3M CREDIT: Medical clearance for respirator - Bldg Inspector 29.00 False 444278 11/2/2023 419-371-4530-00000 LOVES 10/8-10/9/23 - Eugene, OR - DW Dist Grade 2 Exam - E Eiler 46.80 False 444278 11/2/2023 508-508-4390-00000 HARBOR FREIGHT: Welding kit 86.59 False 444278 11/2/2023 001-240-4471-00000 MAIL ROOM: Evidence to DOJ 26.25 False 444278 11/2/2023 001-113-4450-00000 BEST SELF STORAGE: Physical document storage - 10/1-11/1 200.00 False 444278 11/2/2023 001-000-2122-00000 BULKMUNITIONS.COM - shotgun/rifle/handgun ammo - SALES TAX -356.73 False 444278 11/2/2023 506-000-2122-00000 GREENTEK ENERGY: Grants - SALES TAX -16.31 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 8 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444278 11/2/2023 508-508-4390-00000 HARBOR FREIGHT: Welding kit - RETURN -86.59 False 444278 11/2/2023 001-113-4450-00000 BEST SELF STORAGE: Physical document storage - 9/1-10/1 200.00 False 444278 11/2/2023 001-240-4393-0VIPS AKC ECOMMERCE: K9 TRAINING 35.00 False 444278 11/2/2023 001-114-4530-00000 ROLLING HILLS:10/18-10/20/23 - Corning, CA - GSRMA Conf Gonzales 338.80 False 444278 11/2/2023 508-508-4390-00000 TRACTOR SUPPLY: Inverter J cap for #462 #14 217.56 False 444278 11/2/2023 419-120-4530-00000 CSMFO:1/28-2/3/24 - Anaheim, CA - Conf- C. Rawlings - Registrati 255.00 False 444278 11/2/2023 001-230-4530-00000 FRED MEYE10/13-10/15/23 - Sacramento - CA FF's Memorial -K. Care 55.05 False 444278 11/2/2023 001-230-4530-00000 SHELL: 10/13-10/15/23 - Sacramento - CA FF's Memorial -K. Care 71.30 False 444278 11/2/2023 001-230-4391-00000 NAPA AUTO: Taillight 7.57 False 444278 11/2/2023 001-240-4390-00000 CRYSTAL SPRINGS: Water 60.50 False 444278 11/2/2023 419-371-4530-00000 PRKG:10/8-10/9/23 - Eugene, OR - DW Dist Grade 2 Exam - E. Eiler 6.00 False 444278 11/2/2023 001-000-1510-00000 USPS: Postage 66.00 False 444278 11/2/2023 001-251-4530-00000 PAYLESS: 10/22-10/27/23 - Costa Mesa, CA - CALBO -D. Minges 512.32 False 444278 11/2/2023 420-115-4390-00000 WAL-MART: Phone case for bldg inspector 4.33 False 444278 11/2/2023 506-506-4390-00000 GREENTEK ENERGY: Grants 214.01 False 444278 11/2/2023 413-120-4530-00000 DLR RESORT: 1/28-2/3/24 - Anaheim, CA - CSMFO Conf- C. Rawlings 102.96 False 444278 11/2/2023 419-371-4530-00000 AMERICAN WATER COLLEGE: D3 online courses for Eric Eiler 624.98 False 444278 11/2/2023 001-251-4530-00000 AVELO: 10/22-10/27/23 - Costa Mesa, CA - CALBO -D. Minges 434.00 False 444278 11/2/2023 001-240-4530-00000 VALERO: 10/12-10/13/23 -Chico, CA- K9 Recert- D. Sanders-gas 60.60 False 444278 11/2/2023 419-120-4530-00000 DLR RESORT: 1/28-2/3/24 - Anaheim, CA - CSMFO Conf- C. Rawlings 102.96 False 444278 11/2/2023 001-000-1510-00000 USPS: Postage 66.00 False 444278 11/2/2023 001-230-4391-00000 HOME DEPOT: Dresser for station 321.12 False 444278 11/2/2023 001-230-4391-00000 DEL NORTE SOLID WASTE: #5111 new compartment door shipping waste 39.56 False 444278 11/2/2023 001-230-4390-00000 MAIL ROOM: Uniform exchange postage 20.58 False 444278 11/2/2023 508-508-4390-00000 EQUIPMENT TECH: Boom emergency stop button 201.75 False 444278 11/2/2023 001-114-4530-00000 ROLLING HILLS:10/18-10/20/23 - Corning, CA - GSRMA Conf Gonzales 45.45 False 444278 11/2/2023 001-120-4240-00000 USPS: Postage 3.54 False 444278 11/2/2023 001-120-4530-00000 CSMFO:1/28-2/3/24 - Anaheim, CA - Conf- C. Rawlings - Registrati 255.00 False 444278 11/2/2023 001-240-4530-00000 REDWOOD OIL:I10/12-10/13 -Chico, CA- K9 Recert- D. Sanders - gas 59.63 False 444278 11/2/2023 001-240-4530-00000 OXFORD:10/12-10/13/23 -Chico, CA- K9 Recert- D. Sanders -lodging 100.98 False 444278 11/2/2023 001-240-4393-0VIPS OSHA FDN: K9 Training 31.20 False 444278 11/2/2023 001-251-4530-00000 CAL BLDG: 10/22-10/27/23 - Costa Mesa, CA - CALBO -D. Minges 725.00 False 444278 11/2/2023 413-120-4530-00000 SPRINGBROOK SOFTWARE: Training 450.00 False 444278 11/2/2023 001-120-4530-00000 DLR RESORT: 1/28-2/3/24 - Anaheim, CA - CSMFO Conf- C. Rawlings 102.96 False 444278 11/2/2023 001-251-4530-00000 CODE COUNCIL: Rosenthal building classes 369.00 False 444279 11/2/2023 413-353-4230-00000 707-457-7454 (Leighton) Service: 13.33 False 444279 11/2/2023 001-350-4230-00000 707-457-7454 (Leighton) Service: 13.34 False 444279 11/2/2023 419-371-4230-00000 707-457-7454 (Leighton) Service: 13.34 False 444279 11/2/2023 419-130-4230-00000 707-458-8008 (Rice) Service: 10.38 False 444279 11/2/2023 413-352-4230-00000 707-951-0002 (WWTP Lg Conf Rm) Service: 28.08 False 444279 11/2/2023 001-230-4230-00000 707-457-0794 (CFC) 40.01 False 444279 11/2/2023 413-353-4230-00000 707-951-0540 (Smith, K) Service: 3.81 False 444279 11/2/2023 001-240-4230-00000 707-951-4867 (Owen) Service: 41.51 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 9 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444279 11/2/2023 413-352-4230-00000 707-951-5862 (LS Duty) Service: 41.51 False 444279 11/2/2023 419-371-4230-00000 707-951-4569 (Mayes) Service: 13.84 False 444279 11/2/2023 508-508-4230-00000 707-951-0430 (Borges, D) Service: 5.70 False 444279 11/2/2023 001-230-4230-00000 707-951-0671 (Borges, J) Service: 41.51 False 444279 11/2/2023 419-371-4230-00000 707-951-3170 (Wylie) Service: 13.84 False 444279 11/2/2023 413-352-4230-00000 707-951-4779 (WWTP Project Manager) Service: 28.08 False 444279 11/2/2023 413-353-4230-00000 707-458-8617 (Leighton) Service: 13.84 False 444279 11/2/2023 506-506-4230-00000 707-951-0481 (Wylie) Service: 4.18 False 444279 11/2/2023 413-352-4230-00000 707-951-4821 (Kuder) Service: 20.33 False 444279 11/2/2023 413-351-4230-00000 707-951-3225 (Lab) Service: 41.51 False 444279 11/2/2023 413-353-4230-00000 707-951-4418 (Clewell) Service: 17.02 False 444279 11/2/2023 001-240-4230-00000 707-951-4624 (Lo) Service: 41.51 False 444279 11/2/2023 001-251-4230-00000 707-458-5306 Rosenthal, S 43.81 False 444279 11/2/2023 413-352-4230-00000 707-951-6831 (WWTP) Service: 22.20 False 444279 11/2/2023 508-508-4230-00000 707-951-4864 (DeForge) Service: 6.22 False 444279 11/2/2023 413-353-4230-00000 707-951-3354 (Welton) Service: 13.83 False 444279 11/2/2023 413-353-4230-00000 707-951-3319 (Smith, K) Service: 13.84 False 444279 11/2/2023 413-120-4230-00000 707-458-4813 (Rawlings) Service: 13.83 False 444279 11/2/2023 001-364-4230-00000 707-951-4116 (Amarante) Service: 3.20 False 444279 11/2/2023 419-371-4230-00000 707-951-5285 (PW Spare) Service: 13.84 False 444279 11/2/2023 419-112-4230-00000 707-458-4814 (Lacey) Service: 11.08 False 444279 11/2/2023 001-114-4230-00000 707-951-3392 (Gonzales-Valero) Service: 41.51 False 444279 11/2/2023 419-371-4230-00000 707-951-6752 (Wylie) 22.42 False 444279 11/2/2023 001-350-4230-00000 707-951-3354 (Welton) Service: 13.84 False 444279 11/2/2023 001-240-4230-00000 707-457-0885 Dash Cam 40.01 False 444279 11/2/2023 419-371-4230-00000 707-951-4864 (DeForge) Service: 19.51 False 444279 11/2/2023 001-350-4230-00000 707-951-3275 (Yeager) Service: 13.84 False 444279 11/2/2023 001-240-4230-00000 707-951-5329 (Owen, W) Service: 41.51 False 444279 11/2/2023 001-364-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 444279 11/2/2023 001-470-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 14.53 False 444279 11/2/2023 001-364-4230-00000 707-951-4821 (Kuder) Service: 0.42 False 444279 11/2/2023 001-364-4230-00000 707-951-4918 (McAleenan) Service: 4.57 False 444279 11/2/2023 413-353-4230-00000 707-951-3275 (Yeager) Service: 13.83 False 444279 11/2/2023 001-240-4230-00000 707-458-5881 (Phillipa) Service: 41.51 False 444279 11/2/2023 413-351-4230-00000 707-951-0494 (Wood-Desk) Service: 28.08 False 444279 11/2/2023 001-250-4230-00000 707-458-5306 Rosenthal, S 10.95 False 444279 11/2/2023 420-115-4230-00000 707-458-8862 (Ludemann) Service: 41.51 False 444279 11/2/2023 413-351-4230-00000 707-951-5017 (Lab) Service: 28.08 False 444279 11/2/2023 001-480-4230-00000 707-458-8452 (Garcia) Service: 41.51 False 444279 11/2/2023 419-120-4230-00000 707-458-8453 (Mtr Reader SPMR1)Service: 37.49 False 444279 11/2/2023 001-364-4230-00000 707-951-5285 (PW Spare) Service: 13.84 False 444279 11/2/2023 001-230-4230-00000 707-951-6556 (Duncan) Service: 28.08 False 444279 11/2/2023 001-364-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 0.83 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 10 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444279 11/2/2023 413-352-4230-00000 707-951-0023 (WWTP Operations 2) Service: 28.08 False 444279 11/2/2023 419-120-4230-00000 707-458-8014 (Mattix) Service: 20.75 False 444279 11/2/2023 001-120-4230-00000 707-458-4242 (McAndrews) Service: 8.30 False 444279 11/2/2023 001-250-4230-00000 707-951-3447 (Minges) Service: 20.76 False 444279 11/2/2023 001-240-4230-00000 707-457-0867 Dash Cam 40.01 False 444279 11/2/2023 001-240-4230-00000 707-457-0881 Dash Cam 40.01 False 444279 11/2/2023 001-470-4230-00000 707-951-4116 (Amarante) Service: 3.19 False 444279 11/2/2023 001-240-4230-00000 707-951-5250 (Balch) Service: 41.51 False 444279 11/2/2023 508-508-4230-00000 707-951-5149 (Huffman) Service: 41.51 False 444279 11/2/2023 001-240-4230-00000 707-951-7001 (VIP Phone) Service: 1.29 False 444279 11/2/2023 001-240-4230-00000 707-457-0870 Dash Cam 40.01 False 444279 11/2/2023 001-480-4230-00000 707-951-0430 (Borges, D) Service: 5.70 False 444279 11/2/2023 419-371-4230-00000 707-951-4204 (Eiler) Service: 13.84 False 444279 11/2/2023 413-353-4230-00000 707-951-3170 (Wylie) Service: 13.83 False 444279 11/2/2023 001-240-4230-00000 707-951-4950 (Miller, E) Service: 41.51 False 444279 11/2/2023 001-240-4230-00000 707-458-8156 (Hutchens) Service: 41.51 False 444279 11/2/2023 412-100-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 2.07 False 444279 11/2/2023 001-480-4230-00000 707-458-4131 (Taylor) Service: 10.23 False 444279 11/2/2023 001-480-4230-00000 707-951-0714 (Borges, D) Service: 6.97 False 444279 11/2/2023 001-480-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 4.15 False 444279 11/2/2023 001-470-4230-00000 707-951-9336 (Lovdahl) Service: 13.84 False 444279 11/2/2023 001-364-4230-00000 707-951-4864 (DeForge) Service: 9.55 False 444279 11/2/2023 413-353-4230-00000 707-951-0167 (WWTP Ops) Service: 28.08 False 444279 11/2/2023 001-130-4230-00000 707-458-8008 (Rice) Service: 20.75 False 444279 11/2/2023 001-110-4230-00000 707-458-5725 (Schellong) Service: 41.51 False 444279 11/2/2023 001-240-4230-00000 707-951-4494 (Wilson) Service: 41.51 False 444279 11/2/2023 412-100-4230-00000 707-951-3285 (Cordova) Service: 46.51 False 444279 11/2/2023 419-371-4230-00000 707-951-3354 (Welton) Service: 13.84 False 444279 11/2/2023 001-240-4230-00000 707-951-4485 (Griffin) Service: 41.51 False 444279 11/2/2023 001-470-4230-00000 707-951-4918 (McAleenan) Service: 22.83 False 444279 11/2/2023 419-371-4230-00000 707-458-5644 (Corcilius) : 26.36 False 444279 11/2/2023 413-351-4230-00000 707-951-6540 (Lab-Desk) Service: 28.08 False 444279 11/2/2023 508-508-4230-00000 707-951-0714 (Borges, D) Service: 6.98 False 444279 11/2/2023 001-350-4230-00000 707-951-3170 (Wylie) Service: 13.84 False 444279 11/2/2023 413-351-4230-00000 707-951-6819 (Lab-Desk) Service: 28.08 False 444279 11/2/2023 413-353-4230-00000 707-951-4918 (McAleenan) Service: 2.08 False 444279 11/2/2023 412-100-4230-00000 707-458-4131 (Taylor) Service: 13.95 False 444279 11/2/2023 001-113-4230-00000 707-951-3378 (Altman, Robin) Service: 41.51 False 444279 11/2/2023 413-351-4230-00000 707-951-5375 (Wood) Service: 41.51 False 444279 11/2/2023 001-110-4230-00000 707-951-0517 (Inscore) Service: 46.51 False 444279 11/2/2023 419-371-4230-00000 707-951-2294 (PW Callout)Service: 13.83 False 444279 11/2/2023 001-230-4230-00000 707-951-3406 (Duncan) Service: 41.51 False 444279 11/2/2023 001-350-4230-00000 707-951-3319 (Smith, K) Service: 13.83 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 11 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444279 11/2/2023 001-364-4230-00000 707-951-4569 (Mayes) Service: 13.83 False 444279 11/2/2023 001-240-4230-00000 707-457-0866 Dash Cam 40.01 False 444279 11/2/2023 001-240-4230-00000 707-457-0873 Dash Cam 40.01 False 444279 11/2/2023 001-230-4230-00000 707-458-5216 (Fire Dept) Service: 38.01 False 444279 11/2/2023 413-352-4230-00000 707-458-4722 (WWTP) Service: 38.01 False 444279 11/2/2023 001-470-4230-00000 707-951-4418 (Clewell) Service: 8.30 False 444279 11/2/2023 001-230-4230-00000 707-458-5323 - (Fire duty officers) Service: 40.01 False 444279 11/2/2023 413-112-4230-00000 707-458-4814 (Lacey) Service: 11.08 False 444279 11/2/2023 419-371-4230-00000 707-951-0714 (Borges, D) Service: 21.86 False 444279 11/2/2023 419-371-4230-00000 707-951-4918 (McAleenan) Service: 12.03 False 444279 11/2/2023 413-353-4230-00000 707-951-3943 (Martinez) Service: 1.29 False 444279 11/2/2023 001-364-4230-00000 707-951-4418 (Clewell) Service: 2.08 False 444279 11/2/2023 413-353-4230-00000 707-458-5644 (Corcilius) : 8.55 False 444279 11/2/2023 001-480-4230-00000 707-951-4864 (DeForge) Service: 6.23 False 444279 11/2/2023 001-364-4230-00000 707-951-0714 (Borges, D) Service: 10.70 False 444279 11/2/2023 001-230-4230-00000 707-457-0714 (Buell, E) 41.51 False 444279 11/2/2023 001-110-4230-00000 707-458-4323 (Altman, Ray) Service: 41.51 False 444279 11/2/2023 413-353-4230-00000 707-951-6752 (Wylie) 8.72 False 444279 11/2/2023 413-353-4230-00000 707-951-4759 (Long) Service: 13.83 False 444279 11/2/2023 001-471-4230-00000 707-458-4131 (Taylor) Service: 4.65 False 444279 11/2/2023 001-240-4230-00000 707-951-5438 (PD Spare) Service: 41.51 False 444279 11/2/2023 001-240-4230-00000 707-951-5088 (Valero) Service: 41.51 False 444279 11/2/2023 419-371-4230-00000 707-457-0899 (Ybarra) Service: 13.84 False 444279 11/2/2023 419-120-4230-00000 707-458-4242 (McAndrews) Service: 16.61 False 444279 11/2/2023 413-353-4230-00000 707-951-2294 (PW Callout)Service: 13.84 False 444279 11/2/2023 412-100-4230-00000 707-951-5029 (Lighthouse Cove RV) Service: 23.49 False 444279 11/2/2023 412-100-4230-00000 707-951-4515 (Lighthouse Cove RV) Service: 46.51 False 444279 11/2/2023 001-112-4230-00000 707-458-5124 (Dudley) Service: 41.51 False 444279 11/2/2023 506-506-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 19.51 False 444279 11/2/2023 419-371-4230-00000 707-951-4418 (Clewell) Service: 14.11 False 444279 11/2/2023 413-351-4230-00000 707-951-6970 (Lab-Desk) Service: 28.08 False 444279 11/2/2023 413-353-4230-00000 707-457-7655 (PW IPad) Service: 13.34 False 444279 11/2/2023 413-353-4230-00000 707-951-0481 (Wylie) Service: 7.98 False 444279 11/2/2023 001-230-4230-00000 707-464-9113 (Fire Hall) Service: 28.08 False 444279 11/2/2023 001-364-4230-00000 707-951-0430 (Borges, D) Service: 8.74 False 444279 11/2/2023 001-230-4230-00000 707-458-8906 (Carey) Service: 46.51 False 444279 11/2/2023 419-371-4230-00000 707-951-4116 (Amarante) Service: 25.53 False 444279 11/2/2023 001-240-4230-00000 707-457-0890 Dash Cam 40.01 False 444279 11/2/2023 001-364-4230-00000 707-951-4759 (Long) Service: 13.84 False 444279 11/2/2023 413-120-4230-00000 707-458-4242 (McAndrews) Service: 16.60 False 444279 11/2/2023 001-364-4230-00000 707-951-0540 (Smith, K) Service: 12.16 False 444279 11/2/2023 001-230-4230-00000 707-457-0795 (CFC) 40.01 False 444279 11/2/2023 001-350-4230-00000 707-457-7655 (PW IPad) Service: 13.33 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 12 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444279 11/2/2023 001-110-4230-00000 707-951-0876 (Wright) Service: 41.51 False 444279 11/2/2023 419-111-4230-00000 707-951-3016 (Wier) Service: 15.51 False 444279 11/2/2023 413-353-4230-00000 707-951-5285 (PW Spare) Service: 13.83 False 444279 11/2/2023 420-115-4230-00000 707-458-8649 (Patch, T) Service: 41.51 False 444279 11/2/2023 419-120-4230-00000 707-458-4813 (Rawlings) Service: 13.84 False 444279 11/2/2023 506-506-4230-00000 707-951-0540 (Smith, K) Service: 3.80 False 444279 11/2/2023 419-371-4230-00000 707-951-4759 (Long) Service: 13.84 False 444279 11/2/2023 413-130-4230-00000 707-458-8008 (Rice) Service: 10.38 False 444279 11/2/2023 506-506-4230-00000 707-951-6752 (Wylie) 4.56 False 444279 11/2/2023 419-371-4230-00000 707-458-8283 (Hodges) Service: 12.04 False 444279 11/2/2023 001-364-4230-00000 707-951-6752 (Wylie) 5.81 False 444279 11/2/2023 506-506-4230-00000 707-951-9336 (Lovdahl) Service: 27.67 False 444279 11/2/2023 508-508-4230-00000 707-458-8283 (Hodges) Service: 4.57 False 444279 11/2/2023 419-371-4230-00000 707-951-0481 (Wylie) Service: 20.53 False 444279 11/2/2023 419-371-4230-00000 707-457-7655 (PW IPad) Service: 13.34 False 444279 11/2/2023 001-240-4230-00000 707-951-5433 (Sperling) Service: 41.51 False 444279 11/2/2023 001-480-4230-00000 707-58-4818 (Morris) Service: 41.51 False 444279 11/2/2023 001-240-4230-00000 707-951-4609 (Pearson) Service: 41.51 False 444279 11/2/2023 001-112-4230-00000 707-458-4814 (Lacey) Service: 19.35 False 444279 11/2/2023 001-240-4230-00000 707-951-5035 (Sanders) Service: 41.51 False 444279 11/2/2023 001-240-4230-00000 707-457-0891 Dash Cam 40.01 False 444279 11/2/2023 419-371-4230-00000 707-951-0540 (Smith, K) Service: 18.24 False 444279 11/2/2023 413-353-4230-00000 707-951-4116 (Amarante) Service: 9.59 False 444279 11/2/2023 001-240-4230-00000 707-951-4896 (Lopez) Service: 41.51 False 444279 11/2/2023 001-364-4230-00000 707-951-0481 (Wylie) Service: 5.32 False 444279 11/2/2023 001-364-4230-00000 707-951-2294 (PW Callout)Service: 13.84 False 444279 11/2/2023 413-351-4230-00000 707-951-9756 (Goodgame-Thill) Service: 28.08 False 444279 11/2/2023 001-240-4230-00000 707-457-0884 Dash Cam 40.01 False 444279 11/2/2023 419-371-4230-00000 707-951-3319 (Smith, K) Service: 13.84 False 444279 11/2/2023 419-371-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 444279 11/2/2023 001-470-4230-00000 707-458-5644 (Corcilius) : 3.30 False 444279 11/2/2023 001-230-4230-00000 707-951-6589 (Carey) Service: 28.08 False 444279 11/2/2023 413-120-4230-00000 707-458-8014 (Mattix) Service: 20.76 False 444279 11/2/2023 419-371-4230-00000 707-458-8617 (Leighton) Service: 13.83 False 444279 11/2/2023 413-353-4230-00000 707-951-4569 (Mayes) Service: 13.84 False 444279 11/2/2023 413-353-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 444279 11/2/2023 001-120-4230-00000 707-458-4813 (Rawlings) Service: 13.84 False 444279 11/2/2023 001-364-4230-00000 707-951-4204 (Eiler) Service: 13.83 False 444279 11/2/2023 419-371-4230-00000 707-951-0430 (Borges, D) Service: 17.87 False 444279 11/2/2023 001-230-4230-00000 707-951-3561 (Carey) Service: 38.01 False 444279 11/2/2023 413-353-4230-00000 707-457-0899 (Ybarra) Service: 13.83 False 444279 11/2/2023 419-371-4230-00000 707-951-3275 (Yeager) Service: 13.84 False 444279 11/2/2023 001-120-4230-00000 707-951-3320 (Leaver) Service: 15.50 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 13 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444279 11/2/2023 001-470-4230-00000 707-458-8283 (Hodges) Service: 22.83 False 444279 11/2/2023 413-120-4230-00000 707-951-3320 (Leaver) Service: 15.50 False 444279 11/2/2023 413-353-4230-00000 707-951-3905 (WWTP Spare) Service: 1.29 False 444279 11/2/2023 419-120-4230-00000 707-951-3320 (Leaver) Service: 15.51 False 444279 11/2/2023 419-371-4230-00000 707-951-4821 (Kuder) Service: 20.76 False 444279 11/2/2023 001-350-4230-00000 707-458-8617 (Leighton) Service: 13.84 False 444279 11/2/2023 001-240-4230-00000 707-457-0877 Dash Cam 40.01 False 444279 11/2/2023 001-364-4230-00000 707-457-0899 (Ybarra) Service: 13.84 False 444279 11/2/2023 413-352-4230-00000 707-951-0923 (Nova - Jacobs) Service: 38.01 False 444279 11/2/2023 001-112-4230-00000 707-458-4131 (Taylor) Service: 11.63 False 444279 11/2/2023 413-352-4230-00000 707-951-6681 (WWTP) Service: 22.20 False 444279 11/2/2023 419-371-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 0.42 False 444279 11/2/2023 413-111-4230-00000 707-951-3016 (Wier) Service: 15.50 False 444279 11/2/2023 001-364-4230-00000 707-458-5644 (Corcilius) : 3.30 False 444279 11/2/2023 419-120-4230-00000 707-458-5026 (Meter Reader SPMR2) Service: 37.49 False 444279 11/2/2023 001-480-4230-00000 707-951-4364 (Young) Service: 41.51 False 444279 11/2/2023 001-230-4230-00000 707-457-0715 (Smith, B) 41.51 False 444279 11/2/2023 413-353-4230-00000 707-458-8283 (Hodges) Service: 2.07 False 444279 11/2/2023 001-110-4230-00000 707-951-3135 (Greenough) Service: 41.51 False 444279 11/2/2023 412-100-4230-00000 707-951-9704 (Lighthouse Cove RV) Service: 28.08 False 444279 11/2/2023 001-111-4230-00000 707-951-3016 (Wier) Service: 15.50 False 444279 11/2/2023 001-470-4230-00000 707-458-4131 (Taylor) Service: 6.05 False 444279 11/2/2023 413-353-4230-00000 707-951-4204 (Eiler) Service: 13.84 False 444280 11/2/2023 419-371-4390-00000 Couplers 22.18 False 444280 11/2/2023 001-480-4390-00000 Faucet line, connector 17.13 False 444280 11/2/2023 419-371-4390-00000 Deck mop 8.65 False 444280 11/2/2023 413-353-4390-00000 Funnel 12.95 False
444280 11/2/2023 413-356-4390-35022 Insect killer, tank sprayer, bolts 60.62 False 444280 11/2/2023 506-506-4390-00000 Toilet repair kit 27.27 False 444280 11/2/2023 506-506-4390-00000 Key schlage 7.75 False 444280 11/2/2023 419-371-4390-00000 rags, clamp 79.85 False 444280 11/2/2023 506-506-4390-00000 Toilet supply line 7.78 False 444280 11/2/2023 419-371-4390-00000 Battery clamps, drill bit set, wrench 184.30 False 444280 11/2/2023 508-508-4390-00000 Lock key 12.03 False 444280 11/2/2023 506-506-4390-00000 Lock key 12.04 False 444280 11/2/2023 419-371-4390-00000 Electrical Tape 54.50 False 444280 11/2/2023 413-356-4390-35022 Oil 11.67 False
444280 11/2/2023 001-480-4390-00000 Breaker 70.10 False 444280 11/2/2023 001-364-4390-10025 Hammer bit 8.76 False 444280 11/2/2023 001-470-4390-00000 Tape measure, battery, schlage 43.22 False 444280 11/2/2023 001-480-4390-00000 Key schalge, kwikset, rocker switch 10.39 False 444280 11/2/2023 001-364-4390-10025 Hammer bit, tapcon 80.08 False 444280 11/2/2023 506-506-4390-00000 Toilet supply line RETURN and new line 0.97 False AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 14 of 15 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444280 11/2/2023 419-371-4390-00000 Inlet water, connector 28.40 False 444280 11/2/2023 001-230-4390-00000 Clamp, bolts RETURN -17.29 False 444280 11/2/2023 001-230-4390-00000 Clamp, pulley bolts 29.54 False 444280 11/2/2023 413-351-4390-00000 Key schlage, tags 7.23 False 444280 11/2/2023 419-371-4390-00000 Screws, nuts, bolts 130.60 False 444280 11/2/2023 419-371-4390-00000 Chisel, Plugs 51.36 False 444280 11/2/2023 419-371-4390-00000 Screws, nuts, bolts 9.07 False 444280 11/2/2023 413-353-4390-00000 Metal hook 18.68 False 444280 11/2/2023 001-480-4390-00000 Power head 389.69 False 444280 11/2/2023 001-480-4390-00000 Mortar return, paint, paint roller 29.62 False 444280 11/2/2023 001-480-4390-00000 Epoxy 35.06 False
444280 11/2/2023 001-364-4390-10025 Screws, nuts, bolts 15.21 False 444280 11/2/2023 001-480-4390-00000 Paint 48.32 False
444280 11/2/2023 506-506-4390-00000 Blade 37.01 False
444280 11/2/2023 001-470-4390-00000 Key schlage, deadboldt 39.92 False 444280 11/2/2023 001-480-4390-00000 All purpose tub 8.76 False 444280 11/2/2023 001-480-4390-00000 Caulk, mortar, netting 118.98 False 444280 11/2/2023 001-480-4390-00000 Cultured stone 216.50 False 444280 11/2/2023 419-371-4390-00000 Tube cutter, pipe cutter 85.69 False 444281 11/2/2023 419-371-4409-00000 Kings Valley Water Main Report - Sept & Oct 23 1,110.00 False 444282 11/2/2023 419-000-2110-00000 Refund Check 111704-001, 863 GLENN ST 235.58 False 476,931.92
AP - 10-21-23 to 11-03-23 Council (11/14/2023) Page 15 of 15 AP
10-21-23 to 11-03-23 Housing
User: [email protected]
Printed: 11/14/2023 5:13:54 PM
Check Date Check Number Description Amount Selected For Void 11/2/2023 444249 City Hall Mats 0.22 False
11/2/2023 444273 CH Office Supplies 0.40 False
11/2/2023 444278 HOME DEPOT: Dowel for inspections 2.42 False 11/2/2023 444261 Janitorial Supplies- City-Wide 4.08 False 11/2/2023 444261 Janitorial Supplies- City-Wide 7.63 False 11/2/2023 444216 Tenant work employment verification service 14.99 False 11/2/2023 444279 707-951-3447 (Minges) Service: 20.75 False 11/2/2023 444279 707-464-9216 (HA Office) Service: 22.20 False 11/2/2023 444279 707-951-0902 (Hartwick) Service: 28.08 False 11/2/2023 444279 707-951-0710 (Miller) Service: 28.08 False 11/2/2023 444279 707-951-0909 (Hurt) Service: 28.08 False 11/2/2023 444279 707-951-0897 (Stover) Service: 28.08 False 11/2/2023 444278 SAFEWAY: Housing Advisory Committee Meeting 28.65 False 11/2/2023 444278 SAFEWAY: Housing Advisory Committee Meeting 41.40 False 11/2/2023 444279 707-485-4815 (Stover) Service: 41.51 False 11/2/2023 444279 707-458-4817 (Hartwick) Service: 41.51 False 11/2/2023 444279 707-458-5990 (Miller, M) Service: 41.51 False 11/2/2023 444279 707-458-4816 (Hurt) Service: 41.51 False 11/2/2023 444279 707-458-5306 Rosenthal, S 54.76 False
11/2/2023 444278 WILD RIVERS: Housing Advisory Committee Meeting 74.32 False 11/2/2023 444212 Office Supplies 113.19 False
11/2/2023 444241 Envelopes 396.86 False
11/2/2023 444241 Forms & printing 422.13 False
1,482.36
AP - 10-21-23 to 11-03-23 Housing (11/14/2023) Page 1 of 1 Home Dept. Regular Pay Overtime Gross Pay Employees Notes City Council (110) 3,509.84 - 3,509.84 5
Administration (111) 15,319.80 109.29 15,429.09 4
Econ Dev / Grants (112) 7,577.72 118.88 7,696.60 3
Human Resources (114) 2,741.42 - 2,741.42 1
Finance (120) 13,467.30 - 13,467.30 5
City Attorney (130) 5,128.08 - 5,128.08 1
Fire (230) 16,601.28 1,112.17 17,713.45 5
Police (240) 45,836.84 4,938.30 50,775.14 17
Planning (313) 3,401.24 - 3,401.24 2
Public Works (350) 63,054.91 4,791.12 67,846.03 23 K Smith Retirement Recreation (450) 1,724.20 10.78 1,734.98 1
Swimming Pool (480) 14,715.51 483.58 15,199.09 17
Housing (490) 13,532.18 - 13,532.18 4
206,610.32 11,564.12 218,174.44 88
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 11/04/23
Pay Date 11/09/23 (Kim Smith pd 11/3/23)
Check Numbers: 111031-111037 (Plus Direct Deposits)
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: LINDA LEAVER, DIRECTOR OF FINANCE
DATE: NOVEMBER 20, 2023
SUBJECT: FY 2023-24 ROLL-OVER PROJECT BUDGET UDPATES
______________________________________________________________________
RECOMMENDATION
• Adopt Resolution No. 2023-79, 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 annual budget for FY 2023-24 was adopted by the City Council on June 5, 2023 by way of Resolution No. 2023-39. Included with the budget resolution was direction that unused appropriations from FY 2022-23 related to ongoing capital, special, or grant projects would automatically be carried forward to the FY 2023-24 budget. When the budget document for FY 2023-24 was prepared, an estimate of each remaining project was included to allow work on these projects to continue uninterrupted. Now that expenses for FY 2022-23 have been finalized, staff has prepared an update for those project budgets. Staff is requesting the City Council to adopt Resolution 2023-79 to formally amend the FY 2023-24 budget to reflect the actual amounts remaining for these projects, to allow for more accurate project budgeting in the current year.
ITEM ANALYSIS
At the end of FY 2022-23, the City was engaged in a variety of projects which have carried forward into the current year. Each project that was anticipated to be carried into the current year was assigned an estimated budget for FY 2023-24, although final expenses could not be known at the time of this year’s budget preparation. Each project that requires a budget update is described below, organized by fund. Budgeted expenses are updated to account for all amounts spent through June 30, 2022, with the remaining amounts to be budgeted in FY 2023-24.
FY23-24 PROJECT BUDGET ROLL-OVER
NOVEMBER 20, 2023
2 Note that the City is working on many projects that are not included in this report – only projects that require a budget update are included here.
General Fund (Fund #001)
There are several projects in the General Fund that are carried over to FY 2023-24 and require a budget update.
• Grants: The City receives numerous grants for a variety of projects and programs. Six projects in the General Fund that are fully or partially grantfunded require a budget update. o Cultural diversity project (California Endowment)
o Police wellness grant (State of California)
o SB2, LEAP, and REAP planning grants (State of California) o Cultural Center feasibility study (partially funded by Redwood National & State Parks)
• Measure S: The Measure S Oversight Committee makes recommendations on expenditures of Measure S funds. Several projects that were recommended in FY 22-23 and approved by the Council need to be carried over for completion in FY 23-24. These roll-over updates were recommended by the Oversight Committee at their meeting on November 14, 2023.
o SCBA compressor for City fire station
o Skid-mounted pump for City fire truck
o Street repairs, sidewalk repairs, and striping
o Radios for fire and police departments (these are already in the City rollover budget due to timing needs, and the Committee ratified the recommendation)
• Point of Honor: The Point of Honor is funded primarily through donations. The balance of donations is held in a separate line item, to be used only for the monument. In FY 22-23, the Hmong memorial monument was vandalized, and the City Council authorized replacing the monument. It is not yet completed, and the budget needs to roll over to the current year. The City’s insurance (Golden State Risk Management Authority) has already funded the cost of the monument less the City’s deductible, and that revenue has already been recognized.
FY23-24 PROJECT BUDGET ROLL-OVER
NOVEMBER 20, 2023
3 General CIP (Fund # 901)
The General CIP fund includes several carry-over projects which require budget updates:
• Pebble Beach Bank Stabilization: Currently only the design portion of this project is funded, through Federal Highways (administered by Cal Trans), Cal OES, Del Norte Local Transportation Commission, and the City. • City Hall: The City is in the design phase for a new City Hall. • Police Department facility improvements: This is also in design phase. The rollover total includes an adjustment to shift $60,000 that was set aside for anticipated debt service into the capital improvement fund, as recommended by the Measure S Oversight Committee.
• Front Street (G Street to I Street): The City is working on improvements to the next section of Front Street using General Fund, Measure S, ARPA, and LTCO funds.
• Pool HVAC: This project will replace / improve the HVAC, dehumidification, energy efficiency, boilers, etc. at the pool. This is funded by Measure S and ARPA funds.
• Beachfront Park: The City has been awarded Prop 68 grant funds through the Per Capita, State Park Program, and Rural Recreation and Tourism Program funding for improvements to Beachfront Park. Additional, the City has received grants from the Coastal Conservancy and the California Endowment to complete additional work.
Fund Project Funding Source
Budget
Adjustment
General Fund Cultural diversity grant CA Endowment (210) General Fund SB2 planning grant State of California 414 General Fund LEAP planning grant State of California 14,313 General Fund REAP planning grant State of California (20,555) General Fund SCBA compressor Measure S 65,000
General Fund Skid-mounted pump Measure S 12,500
General Fund PD wellness grant State of California 15,000 General Fund Minor street repairs FY23 Measure S 75,944 General Fund Sidewalk repairs FY23 Measure S 89,384
General Fund Striping FY23 Measure S 28,345
General Fund
Point of Honor balance (flags,
repairs, Hmong monument) Donations 12,984
General Fund Cultural Center feasibility study
Redwood Nat'l & State
Parks, Gen Fund 13,351
General Fund Total 306,470
FY23-24 PROJECT BUDGET ROLL-OVER
NOVEMBER 20, 2023
4 RV Park Fund (Fund #412)
The City budgeted for design work to be done for a restroom remodel at the RV Park in FY 22-23. The project has not yet begun and needs to be rolled over.
Sewer Fund (Fund #413)
The Sewer Fund has two projects that need to be rolled over. One is grant-funded (technical assistance to design capital improvements) and one was to repair the window and wall of the Lab building.
Fund Project Funding Source
Budget
Adjustment
General CIP Fund
Pebble Beach bank stabilization
(design) FHWA, Cal OES, LTCO (308)
General CIP Fund City Hall General Fund (15,499)
General CIP Fund PD Facility Improvements Measure S 43,700 General CIP Fund Front Street G to I
Measure S, General
Fund, ARPA, LTCO,
CRSSAA TIP, CRSSAA
STIP, HUD Community
Project 66,385
General CIP Fund Pool HVAC Measure S, ARPA (67,451)
General CIP Fund
Paths of Culture / Tolowa Coastal
Stories
State of California,
Coastal Conservancy,
CA Endowment (28,478)
General CIP Fund Beachfront Park Prop 68 SPP grant State of California (154,612) General CIP Fund Total (156,263)
Fund Project Funding Source
Budget
Adjustment
RV Park Fund Restroom remodel (design) RV Park Fund 10,000 RV Park Fund Total 10,000
Fund Project Funding Source
Budget
Adjustment
Sewer Fund Lab window & wall repair Sewer Fund 30,000
Sewer Fund
Technical assistance CIP planning
grant SWRCB (77,943)
Sewer Fund Total (47,943)
FY23-24 PROJECT BUDGET ROLL-OVER
NOVEMBER 20, 2023
5 Sewer CIP (Fund #913)
There are two projects in the Sewer CIP Fund that require an update. These funds have already been transferred to the Sewer CIP Fund. The expenses need to be updated to reflect actual amounts remaining as of July 1.
Water CIP (Fund #919)
There are several projects in the Water CIP Fund that require an update. These funds have already been transferred from the Water Fund into the Water CIP Fund. The expenses need to be updated to reflect the actual amounts remaining. 2020 CDBG Fund (Fund #153)
The City has a 2020 CDBG grant, which includes funding for the Pacific Pantry food bank, North Coast Rape Crisis Team, microenterprise assistance, business assistance, and grant administration. Three of the projects require a budget update.
CDBG-CV Fund (Fund #154)
Fund Project Funding Source
Budget
Adjustment
Sewer CIP Fund Influent gate Sewer Fund (9,075)
Sewer CIP Fund West hypo tank Sewer Fund (30,521)
Sewer CIP Fund Total (39,596)
Fund Project Funding Source
Budget
Adjustment
Water CIP Fund Amador tank rehab Water Fund (11,409)
Water CIP Fund Washington tank rehab Water Fund 34,679
Water CIP Fund PRV generator Water Fund (48,830)
Water CIP Fund Water main - Front St G to I Water Fund (92,952) Water CIP Fund Surge protection Water Fund (1,106)
Water CIP Fund Auto meter read Water Fund (38,055)
Water CIP Fund Total (157,673)
Fund Project Funding Source
Budget
Adjustment
2020 CDBG Food pantry CDBG (67,001)
2021 CDBG Rape crisis team CDBG (26,635)
2022 CDBG Business assistance CDBG (107,020)
2023 CDBG Total CDBG (200,656)
FY23-24 PROJECT BUDGET ROLL-OVER
NOVEMBER 20, 2023
6 The City is funding a mobile food pantry with the special allocation of CDBG-COVID funds. The first round of funding (CV1) is closed out, and the budget needs to be adjusted to actual. The second round (CV2) is continuing and also needs to be adjusted.
Police Vehicle Replacement Fund (Fund #940)
City General Fund and Measure S funds have been transferred to the Police Vehicle Replacement Fund for the purchase of new police vehicles over the last couple of years.
These funds were already transferred into the replacement fund, and the remaining amount unspent as of June 30, 2023 needs to be rolled over.
RMRA Fund (Fund #117)
This is funding received from the Road Maintenance and Rehabilitation Fund, which was authorized by SB1. These funds have been used for project design and engineering to get shovel-ready street projects. These projects are budgeted but need the amounts updated to reflect the amounts spent in prior years and actual amounts remaining.
FISCAL ANALYSIS
These projects have previously been authorized by the City Council and are simply carrying over from the prior fiscal year. In many cases, the projects are either partially or fully grant funded. Timing issues due to closing the fiscal year while the projects are ongoing will have an impact on FY 2022-23 fund balances but will be resolved when the projects are completed. The total impacts of the above projects are listed below by fund.
Fund Project Funding Source
Budget
Adjustment
CDBG-CV Mobile food pantry (CV1) CDBG (14,981)
CDBG-CV Mobile food pantry (CV2) CDBG (76,137)
CDBG-CV Total (91,118)
Fund Project Funding Source
Budget
Adjustment
Police Vehicle Replacement Fund PD vehicle replacement Measure S 21,066 Police Vehicle Replacement Fund Total 21,066
Fund Project Funding Source
Budget
Adjustment
RMRA Fund Front Street design RMRA (SB1) 80,215
RMRA Fund A Street RMRA (SB1) 16,969
RMRA Fund K Street RMRA (SB1) 51,511
RMRA Fund Total 148,695
FY23-24 PROJECT BUDGET ROLL-OVER
NOVEMBER 20, 2023
7 City staff is currently working through the audit of FY 22-23 and will be bringing details of FY 22-23 actual results and updated fund balances / working capital balances to a future Council meeting. As reported out in the last Council meeting, staff anticipates the General Fund unallocated reserve to be updated to approximately $350,000, including the FY 22-23 results, updated FY 23-24 budget, projected 5% budget to actual savings for FY 23-24, and the addition of these recommended budget roll-overs. Exact numbers will be available as soon as the audit is closer to completion and any final adjustments are made.
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors. • Goal 1(A): Enhance collaboration with other agencies and the community to better aid the public.
• Goal 1(D): Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs.
• Goal 1(E): Target economic development improvements that provide additional benefit by enhancing the quality of life for residents. • Goal 3(B): Maintain responsible fiscal management and accountability.
ATTACHMENTS
1. Resolution No. 2023-79
Fund
Expense Increase
(Decrease)
General Fund 306,470
General CIP Fund (156,263)
RV Park Fund 10,000
Sewer Fund (47,943)
Sewer CIP Fund (39,596)
Water CIP Fund (157,673)
2020 CDBG Fund (200,656)
CDBG-CV Fund (91,118)
Police Vehicle Replacement Fund 21,066
RMRA Fund 148,695
Total all funds (207,018)
CITY OF CRESCENT CITY RESOLUTION NO. 2023-79 Page 1
RESOLUTION NO. 2023-79
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 2023-39 and has the authority to amend said budget from time to time; and
WHEREAS, the City was engaged in several projects that span multiple fiscal years at the time the budget was adopted; and
WHEREAS, the Fiscal Year 2023-24 budget needs to be updated to reflect the remaining amounts available to complete these projects.
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:
2. That the $60,000 previously set aside in the Fiscal Year 2023-24 budget for anticipated debt service (Police Department facility improvements) is hereby reallocated to be transferred to the Capital Improvement Fund for additional design work on the same project:
APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City Fund
Expense Increase
(Decrease)
General Fund 306,470
General CIP Fund (156,263)
RV Park Fund 10,000
Sewer Fund (47,943)
Sewer CIP Fund (39,596)
Water CIP Fund (157,673)
2020 CDBG Fund (200,656)
CDBG-CV Fund (91,118)
Police Vehicle Replacement Fund 21,066
RMRA Fund 148,695
General Fund (debt service) (60,000)
General Fund (transfer to CIP Fund) 60,000
CITY OF CRESCENT CITY RESOLUTION NO. 2023-79 Page 2
of Crescent City held on the 20th day of November 2023, by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT
COORDINATOR
DATE: NOVEMBER 20, 2023
SUBJECT: STORM DRAIN MASTER PLAN PROFESSIONAL SERVICES
AGREEMENT
______________________________________________________________________
RECOMMENDATION
• Approve and authorize the City Manager to sign a Professional Services Agreement with GHD Inc. to implement the Storm Drain Master Plan Project • Approve and adopt Resolution No. 2023-80, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET
• Approve and adopt Resolution No. 2023-81, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE
CREATION OF A NEW SPECIAL REVENUE FUND FOR THE 2022 CDBG
AWARD AND ASSOCIATED PROJECT
BACKGROUND
The Community Development Block Grant (CDBG) program is a federally funded program through the Department of Housing and Urban Development (HUD). The principal objective of CDBG is the development of viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for persons of low-and moderate-income.
As a non-entitlement jurisdiction (cities with population less than 50,000 and counties with populations less than 200,000), Crescent City applies for CDBG program funding through the State Department of Housing and Community Development (HCD). HCD receives funding from the federal government and released a Notice of Funding Availability (NOFA) to invite applications from jurisdictions within California on April 19, 2022.
The City applied for and was awarded $250,000 in CDBG grant funding under this NOFA for the Storm Drain Master Plan on June 22, 2023. To meet the readiness criteria for the GHD Professional Services Agreement
November 20, 2023
2 application, the City was required to complete the bidding process prior to submitting an application. The City released an RFP on June 24, 2022 and received two proposals.
GHD Inc. was selected as the most qualified firm to complete the plan.
On October 2, 2023 the City entered into a grant agreement with HCD for the Storm Drain Master Plan and is now ready to execute a Professional Services Agreement with the selected firm and begin spending grant funds. CDBG regulations require that this grant funding be accounted for in a separate fund and used only for grant-eligible purposes.
ITEM ANALYSIS
The City’s storm drain system provides conveyance of rainfall from developed areas to outfall points. Residents and property owners receive the benefit of this system by the reduction of flooding which reduces property damage and increases public health and safety. The purpose of the Storm Drain Master Plan is to guide the City’s planning for long-term financial and infrastructure needs. The Storm Drain Master Plan will identify projects that improve the level of service to the community with an initial focus on lowincome residential areas of the City. GHD proposes to achieve the following within the scope of their contract:
• Understanding of the current state of the City’s infrastructure and its future needs.
• Provide asset management and asset lifecycle profiles to influence decisions intended to optimize reinvestment and stewardship of City infrastructure to meet service expectations.
• Utilize geographic information systems (GIS) technology to proactively identify and visualize the asset replacement and rehabilitation needs and plan the budget and resources.
• Understand the probability and consequence of failure of each asset class so that the City can manage high risk assets before failure and minimize the City’s overall risk profile.
• Minimize the life-cycle cost by incorporating the latest technological advances in infrastructure to develop efficient and effective preservation and restoration strategies as well as monitoring strategies.
• Develop a consistent and defendable methodology for prioritizing work and budget expenditures by directly linking strategic asset management and community protection to strategic financial planning.
• Focus on high benefit-to-cost ratio to ensure the budget is spent in the right place, for the right reason, at the right time, at the right cost. • Create transparency through easily understood visualizations and information to ensure an alignment of asset management procedures and needs.
The storm drainage system improvements proposed in the Master Plan are expected to provide an increased level of service to the community. City staff recommends executing the attached Professional Services Agreement with GHD Inc. to complete the Storm Drain GHD Professional Services Agreement
November 20, 2023
3 Master Plan, as their proposal is in alignment with the City’s goals and objectives for the project.
City Council approval is required to create a new fund in the City’s accounting system.
Upon approval, the Finance Department will create the fund and appropriate accounts for tracking the revenues and expenses related to this grant.
FISCAL ANALYSIS
The total grant award for this project is $250,000 and the proposed Professional Services Agreement with GHD Inc. is for $232,455. There is also a total of $16,350 in CDBG funding available for City staff time to administer the grant. All staff and consultant time that went into developing the application will also be reimbursed by the grant as part of the General Administration budget. This grant operates on a reimbursement basis, meaning the City will pay the contracted firm for the actual costs of services performed and then apply to the State for reimbursement of those costs plus the City’s administrative costs.
The full amount will be budgeted in a special CDBG fund, and unused amounts will be carried over to the next fiscal year until all of the grant funds are expended or the grant period ends. Tracking the grant revenues and expenses in a special fund is the best way to comply with grant and audit requirements.
STRATEGIC PLAN ASSESSMENT
This report is consistent with the following 2016 Strategic Plan Goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors. o Enhance collaboration with other agencies and the community to better aid the public.
o Target economic development improvements that provide additional benefit by enhancing the quality of life for residents.
o Examine methods to maintain, enhance, and expand park and recreation facilities
• Goal 2: Promote a thriving local economy.
o Evaluate and optimize additional revenue sources.
o Support community services that provide measurable services to the community.
o Research and implement methods to increase local tourism and funding for tourism promotion.
o Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs.
GHD Professional Services Agreement
November 20, 2023
4 ATTACHMENTS
1. Professional Services Agreement with GHD Inc. to implement the Storm Drain Master Plan project.
2. Resolution No. 2023-80 (budget amendment)
3. Resolution No. 2023-81 (creation of special revenue fund)
CITY OF CRESCENT CITY
AGREEMENT FOR PROFESSIONAL SERVICES
This agreement for professional services ("Agreement") is hereby entered into this ___ day of ____________, 2023, by and between the City of Crescent City, a California municipal corporation ("CITY") and GHD Inc., a California corporation ("CONSULTANT").
RECITALS
WHEREAS, CITY has determined it is necessary and desirable to secure certain technical and professional services as part of an application for CDBG funding to create a Storm Drain Master Plan; and
WHEREAS, CITY has been awarded CDBG funding for the stated purpose; and WHEREAS, CITY has released a Request for Proposals (“RFP”) to solicit proposals from qualified firms; and
WHEREAS, CITY evaluated the proposals received and CONSULTANT was selected to provide services as described herein; and
WHEREAS, the scope of work for said service (hereinafter "Project") is attached hereto as Exhibit "A" and is hereby incorporated by reference.
NOW, THEREFORE, IT IS AGREED by and between CITY and CONSULTANT as follows:
AGREEMENT
1. INCORPORATION OF RECITALS. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.
2. SCOPE OF SERVICES.
2.1. SERVICES TO BE PERFORMED. Subject to policy direction and approvals as CITY through its staff may determine from time to time, CONSULTANT will perform the services set forth in Exhibit “A” attached hereto and incorporated herein by reference.
2.2. SCHEDULE FOR PERFORMANCE. CONSULTANT must perform the services identified in Exhibit “A” as expeditiously as is consistent with generally accepted standards of professional skill and care and the orderly progress of work. Target completion dates for key date sensitive tasks, are as follows:
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 10
DATE TASK
9/2023 1 – Data Review and Collection
11/2023 2 – Hydrologic & Hydraulic Models
11/2023 3 – Risk Analysis
1/2024 4 – Project Prioritization & Costing
5/2024 5 – Storm Drain Master Plan
5/2024 6 – Project Management
2.3. STANDARD OF QUALITY. All work performed by CONSULTANT under this Agreement must be in accordance with all applicable legal requirements and must meet the standard of quality ordinarily to be expected of competent professionals in CONSULTANT'S field of expertise.
2.4. COMPLIANCE WITH LAWS. CONSULTANT must comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, and decrees. CONSULTANT represents and warrants to CITY that CONSULTANT will, at its own cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals that are legally required for CONSULTANT to practice its profession or are necessary and incident to the lawful prosecution of the services it performs under this Agreement, including a City business license.
2.5. PERSONNEL. CONSULTANT agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services pursuant to this Agreement. Failure to assign such competent personnel will constitute grounds for termination of this Agreement by CITY.
2.6. COMMENCMENT OF SERVICES. CONSULTANT may not commence services until this Agreement has been fully executed and CONSULTANT has obtained all required licenses, insurance policies, and other authorizations required by this Agreement. In addition, CONSULTANT may not being work until CITY issues a Notice to Proceed, which will only be issued once CDBG funding is confirmed.
3. COMPENSATION.
3.1. SCHEDULE OF PAYMENT. The compensation to be paid by CITY to CONSULTANT for the services rendered hereunder will be based on the Notto-Exceed amount of Two Hundred Thirty-Two Thousand, Four Hundred FiftyFive Dollars ($232,455.00) at the rates specified in Exhibit “B” attached hereto and incorporated herein by this reference.
3.2. ADDITIONAL SERVICES. CITY will make no payment to CONSULTANT for any extra, further, or additional services unless such services and payment have been mutually agreed to and this Agreement has been formally amended in accordance with Section 7.
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 10
3.3. INVOICING AND PAYMENT. CONSULTANT must submit monthly invoices based on work completed. CITY will pay CONSULTANT within 30 days of receipt of CONSULTANT’s invoice. If there is a dispute as to one or more-line items on the invoice, CITY will pay the undisputed portion within 30 days of receipt. The parties will exercise good faith and diligence in the resolution of any disputed invoice amounts and CITY will pay promptly upon resolution of the dispute. The City does not make advance payment for services.
4. WORK PRODUCT REVIEW. CONSULTANT must make its work product available to CITY for review. If additional review and/or revision is required by CITY, CITY will conduct reviews in a timely manner. CONSULTANT should build review time into its schedule.
5. TERM OF AGREEMENT. This Agreement is effective as of the date first above written and will remain in effect until completed, amended pursuant to Section 7, or terminated pursuant to Section 6.
6. EARLY TERMINATION.
6.1. WRITTEN NOTICE. CITY has the right to terminate this Agreement for any reason, at any time, by serving upon CONSULTANT ten (10) calendar days advance written notice of termination. The notice is to be delivered and addressed to CONSULTANT as set forth in Section 11 of this Agreement.
6.2. DELIVERY OF WRITINGS. If CITY issues a notice of termination, CONSULTANT must deliver to CITY copies of all writings, whether or not completed, which were prepared by CONSULTANT, its employees, or its subcontractors, if any, pursuant to this Agreement. The term "writings" includes, but is not limited to, handwriting, typewriting, computer files and records, drawings, blueprints, printing, photostatting, photographs, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, symbols, or combinations thereof.
6.3. PAYMENT FOR SERVICES RENDERED. If CITY issues a notice of termination, CONSULTANT will be entitled to receive compensation for all services rendered prior to the effective date of termination.
6.4. EFFECT OF TERMINATION. Termination of this Agreement will not affect the rights and/or obligations of the parties that arose prior to termination and such rights and/or obligations will survive termination.
6.5. NOT EXCLUSIVE. The rights and remedies of CITY contained in this Section 6 are in addition to any other rights and remedies provided by law or this Agreement.
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 10
7. AMENDMENTS. Modifications or amendments to the terms of this Agreement must be in writing and executed by both parties to be valid and enforceable.
8. CONFIDENTIAL INFORMATION. Except as required by law, CONSULTANT must not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work of CITY without the prior written consent of CITY.
9. CONFLICT OF INTEREST. CONSULTANT must exercise reasonable care and diligence to prevent any actions or conditions which could result in a conflict with CITY’s interest. CONSULTANT must immediately notify CITY of any and all violations of this Section upon becoming aware of such violation.
10.INDEPENDENT CONTRACTOR. In the performance of the services in this Agreement, CONSULTANT is an independent contractor and is not an agent or employee of CITY.
CONSULTANT, its officers, employees, agents, and subcontractors, if any, have no power to bind or commit CITY to any decision or course of action, and must not represent to any person or business that they have such power. CONSULTANT has the right to exercise full control of the supervision of the services and over the employment, direction, compensation, and discharge of all persons assisting CONSULTANT in the performance of said service hereunder. CONSULTANT is solely responsible for all matters relating to the payment of its employees, including compliance with social security and income tax withholding, workers' compensation insurance, and all other regulations governing such matters.
11.NOTICE.
11.1. DELIVERY. Any notices or other official communications required to be given to either party under this Agreement must be in writing, delivered to the addresses set forth below, and will be effective, as follows:
(a) by personal delivery, effective upon receipt by the addressee; (b) by facsimile, effective upon receipt by the addressee, so long as a copy is provided by certified U.S. mail, return receipt requested, postmarked the same day as the facsimile;
(c) by certified U.S. mail, return receipt requested, effective 72 hours after deposit in the mail.
IF TO CITY: IF TO CONSULTANT:
City of Crescent City
Attn: City Manager
377 J Street
Crescent City, CA 95531
Phone: (707) 464-7483
FAX: (707) 465-1719
GHD Group
Attn: Steve Allen
718 Third Street
Eureka, CA 95501
Phone: (707) 443-8326
Email: [email protected]
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 10
11.2. CHANGE OF ADDRESS. Either party may change its address for notices by complying with the notice procedures in this Section.
12.OWNERSHIP OF MATERIALS. Except for CONSULTANT’s pre-existing property, CITY is the owner of all records and information created, produced, or generated as part of the services performed under this Agreement. At any time during the term of this Agreement, at the request of CITY, CONSULTANT must deliver to CITY all writings, records, and information created or maintained pursuant to this Agreement.
The term "writings" in this Section has the same definition as provided in Section 6.2.
Reuse of work products by CITY for any purpose other than that intended under this agreement will be at CITY’s sole risk.
13.BINDING AGREEMENT. This Agreement binds the successors of CITY and CONSULTANT in the same manner as if they were expressly named herein.
14.WAIVER. Waiver by either party of any default, breach, or condition precedent may not be construed as a waiver of any other default, breach, or condition precedent or any other right under this Agreement. The failure of either party at any time to require performance by the other party of any provision hereof will not affect in any way the right to require such performance at a later time.
15.NONDISCRIMINATION.
15.1. COMPLIANCE. CONSULTANT must comply with all federal and state antidiscrimination and civil rights laws. CONSULTANT must not discriminate in the conduct of the work under this Agreement against any employee, applicant for employment, or volunteer because of race, color, creed, religion, national origin, ancestry, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions, gender identity, gender expression, age (40 and above), marital status, sexual orientation, denial of family and medical care leave, medical condition, genetic information, physical or mental disability (including HIV and AIDS), military or veteran status, denial of pregnancy disability leave or reasonable accommodation.
15.2. POSTING. CONSULTANT must post in conspicuous places, available to all employees and applicants for employment, notices that CONSULTANT will provide an atmosphere for employees, clients, and volunteers that is free from harassment or discrimination on the bases set forth above.
16.INSURANCE.
16.1. REQUIRED COVERAGE. CONSULTANT, at its sole cost and expense, must obtain and maintain in full force and effect throughout the entire term of this Agreement the following described insurance coverage with insurers
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 10
authorized to conduct business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise approved by CITY.
POLICY TYPE MINIMUM COVERAGE LIMITS
(a) Workers' Compensation Per California Law
(b) Employer’s Liability $1,000,000 per accident for
BI/Disease
(c) Automobile Liability
ISO Form # CA 0001
$1,000,000 per accident for BI/PD,
for all owned, non-owned and hired
vehicles
(d) Commercial General Liability
ISO Form # CG 00 01
$1,000,000 per occurrence for
BI/PD, products and completed
operations, personal and advertising
injury; $2,000,000 aggregate
(e) Professional Liability (E&O) $1,000,000 per occurrence or claim; $2,000,000 aggregate
16.2. ADDITIONAL INSURED STATUS. CITY, its elected and appointed officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’S insurance.
16.3. PRIMARY COVERAGE. For any claims related to this Project, the CONSULTANT'S insurance coverage will be primary insurance as respects CITY, its elected and appointed officials, employees, agents and volunteers.
Any insurance or self-insurance maintained by CITY, its elected and appointed officials, employees, agents or volunteers will be in excess of the CONSULTANT'S insurance and will not contribute with it.
16.4. NOTICE OF CANCELLATION. Each insurance policy required by this Agreement must be endorsed to state that coverage may not be cancelled except after giving prior written notice to CITY.
16.5. WAIVER OF SUBROGATION. CONSULTANT hereby grants CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 10
regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer.
16.6. SELF-INSURED RETENTIONS. Self-insured retentions must be declared to and approved by CITY. CITY may require CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
16.7. CLAIMS-MADE POLICIES. If any of the required policies provide coverage on a claims-made basis, then: (a) the retroactive date must be shown and must be before the commencement of work; (b) insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work; and (c) if coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the commencement of work, then CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
16.8. VERIFICATION OF COVERAGE. CONSULTANT must provide with Certificates of Insurance for all required coverages as well as Declarations and applicable Endorsement Pages prior to commencement of work.
However, failure to obtain the required documents prior to the commencement of work will not operate to waive CONSULTANT’s obligation to provide them at any time thereafter when requested. CITY reserves the right to demand complete, certified copies of all required insurance policies, including endorsements, required by the specifications, at any time.
16.9. SUBCONTRACTORS. CONSULTANT must require and verify that all subcontractors, if any, maintain insurance meeting all of the requirements stated herein. CONSULTANT must endure that CITY, its elected and appointed officials, employees, agents and volunteers are additional insureds on all policies as required herein.
16.10. LACK OF COVERAGE. In the event that any required policy is canceled prior to the completion of the Project and CONSULTANT does not furnish a new Certificate of Insurance prior to cancellation, CITY may obtain the required insurance and deduct the premium(s) from contract monies due to CONSULTANT.
17.WORKERS' COMPENSATION.
17.1. COVENANT TO PROVIDE. CONSULTANT warrants that it is aware of the provisions of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that Code. CONSULTANT
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 10
further agrees that it will comply with such provisions before commencing the performance of the work under this Agreement.
17.2. WAIVER OF SUBROGATION. CONSULTANT and CONSULTANT'S insurance company agree to waive all rights of subrogation against CITY, its elected or appointed officials, agents, and employees for losses paid under CONSULTANT'S workers’ compensation insurance policy which arise from the work performed by CONSULTANT for CITY.
18.ANTI-LOBBYING CERTIFICATION. CONSULANT must sign and deliver a Byrd AntiLobbying Certification with the execution of this Agreement. The certificate is included as Exhibit “C”, which is incorporated herein by this reference.
19. HCD PROVISIONS. As a CDBG-funded activity, the California Department of Housing and Community Development requires contractors to comply with the provisions set forth in Exhibit “D” (as applicable), which is incorporated herein by this reference.
20.GENERAL PROVISIONS.
20.1 INDEMNIFICATION. CONSULTANT agrees to indemnify, defend and save harmless CITY, its elected and appointed officers, agents, employees, and volunteers from any and all claims and losses, whatsoever, accruing or resulting to any person or other legal entity who may be injured or damaged resulting from any wrongful acts, errors and omissions, or negligence of CONSULTANT, its agents and employees, pertaining to the performance of this Agreement. CONSULTANT’S liability arising out of the performance of its obligations hereunder will be limited to the fees paid by CITY to CONSULTANT for services contemplated by this Agreement. This liability limitation does not apply to claims made by any third party, nor does it apply in the event of the willful misconduct or gross negligence of CONSULTANT, its principals, employees or agents.
20.2 TIME OF THE ESSENCE. CONSULTANT understands and agrees that time is of the essence in the completion of the work and services described herein.
20.3 SEVERABILITY. If a court of competent jurisdiction or subsequent preemptive legislation holds or renders any of the provisions of this Agreement unenforceable or invalid, the validity and enforceability of the remaining provisions, or portions thereof, will not be affected.
20.4 GOVERNING LAW AND CHOICE OF FORUM. This Agreement must be administered and interpreted under California law as written by both parties.
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 9 OF 10
Any litigation arising from this Agreement must be brought in the Superior Court of California, in and for Del Norte County.
20.5 COSTS AND ATTORNEYS' FEES. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action will be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
20.6 NO ASSIGNMENT. This Agreement and any amendments hereto are not assignable by CONSULTANT either voluntarily or by operation of law without the prior written consent of CITY. Any attempt to assign this Agreement will be legally void.
20.7 INTEGRATION. This Agreement constitutes the entire agreement of the parties and supersedes and prior negotiations, agreements, understandings, representations or statements.
20.8 SURVIVAL. The parties' obligations under Sections 8 [confidential information], 16.3 [primary coverage] and 20.1 [indemnification] will survive the termination or expiration of this Agreement.
20.9 AUTHORITY. The signatories to this Agreement hereby represent and warrant that they have been duly authorized to legally bind and execute this Agreement on behalf of their respective parties.
[END OF AGREEMENT]
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 10 OF 10
SIGNATURE PAGE – PROFESSIONAL SERVICES AGREEMENT
GHD INC. STORM DRAIN MASTER PLAN
Executed by CITY and CONSULTANT by their duly authorized representatives on this ______ day of ______________________, 20______.
CITY OF CRESCENT CITY CONSULTANT – GHD INC.
_______________________________
By: Eric Wier, City Manager
_______________________________
By:
Its:
ATTEST:
_______________________________
Robin Altman, City Clerk
APPROVED AS TO FORM:
_______________________________
Martha D. Rice, City Attorney
EXHIBITS
The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A- Scope of Services
Exhibit B- Compensation
Exhibit C- Byrd Anti-Lobbying Certification
Exhibit D- Applicable CDBG Program Terms and Conditions
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT EXHIBIT A
EXHIBIT A
SCOPE OF WORK
See attached pages 27-34 from GHD proposal.
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT EXHIBIT B
EXHIBIT B
COMPENSATION
See attached page 26 from GHD proposal.
3d. Project
Description
GHD understands that the City of Crescent City is
interested in developing Storm Drain Master Plan
(SDMP) to guide the City’s planning for long term
financial and infrastructure needs. The SDMP will
identify projects that improve the level of service to
the community with an initial focus on low-income
residential areas of the City. The Storm Drain Master Plan will achieve the following:
– Understanding of the current state of the City’s
infrastructure and its future needs.
– Provide asset management and asset lifecycle
profiles to influence decisions intended to optimize
reinvestment and stewardship of city infrastructure
to meet service expectations.
– Utilize geographic information systems (GIS)
technology to proactively identify and visualize the
asset replacement and rehabilitation needs and plan
the budget and resources.
– Understand the probability and consequence of
failure of each asset class so that the City can
manage high risk assets before failure and minimize
the City’s overall risk profile;
– Minimize the life-cycle cost by incorporating the
latest technological advances in infrastructure to
develop ecient and eective preservation and
restoration strategies as well as monitoring strategies. – Develop consistent and defendable methodology
for prioritizing work and budget expenditures by
directly linking strategic asset management and
community protection to strategic financial planning.
– Focus on high benefit-to-cost ratio to ensure the
budget is spent in the right place, for the right
reason, at the right time, at the right cost.
– Create transparency through easily understood
visualizations and information to ensure an alignment
of asset management procedures and needs.
GHD will focus our evaluation and eorts on the City’s
most critical stormwater assets and areas that may pose risks to public health and safety, have the biggest impact to the systems functional goals, and exhibit the highest cost of repair (i.e. major intersections, roadways, chronic maintenance) while including the tenets of environmental justice to ensure equitable improvements across the City.
GHD is proposing to create replicable protocols for the City going forward. This will enable the City to progress its stormwater asset management and self-suciency in
addressing capacity, water quality, and financial planning to achieve resilient storm drain system.
Task 1. Dat Collection and Watershed
Identification
Subtask 1.1 Dat Review and Dat Gap Analysis
In this first task, GHD will request and review relevant GIS and as-built dat to identify any gaps in information required to perform the SDMP analyses. Available dat
relating to the study are will be collated and integrated within spatially enabled internal dat repository for
use by the project team throughout the lifecycle of the project. Datasets may include, though not be limited to:
1. Existing storm drain systems
a. Facility Type
b. Elevation (rim and invert/flowline)
c. Material
d. Size
e. Age
f. Condition
2. Parcel boundaries and Land Use (Residential,
commercial and industrial location)
3. Planning Zones, Administrative Overlays and
Regulatory Documents
4. Road Centerline with Functional Class
5. Building Footprints
6. Surface and Groundwater features
7. Topography, watershed boundaries and digital
elevation models
8. Critical Facilities (hospitals, schools, fire stations, etc.)
Subtask 1.2 GIS Dat Collection, Field Survey,
and Watershed Delineation
Following the confirmation of locations and attributes for additional dat gathering, GHD will conduct manual field inventories that will include addition or verification of assets and attributes, condition assessment and photo
capture. These identified facilities will be inventoried with team of two GHD field sta using mobile tablets and
centimeter grade GPS receiver to capture elevation.
GHD would request of the City to provide up to one
week of trac control and lifting of grates and manhole
lids to complete this subtask.
Watershed and subwatershed delineation will inform the
modeling described in Task 2. GHD’s modeling leads
will perform preliminary watershed delineation and field verify these boundaries and characteristics over three
field days.
Subtask 1.3 Asset Condition Assessment
The primary failure mode initially considered when
determining an asset’s probability of failure is physical mortality. Therefore, it is critical to evaluate and/or estimate the physical condition of assets. The condition rating score of 1 to 5 will be used to assess the condition of an asset along with the description of each score. In advance of field work, GHD will conduct workshop
with City Sta to collect and review existing condition
assessment data, reports, and relevant experiential data.
The final condition rating score will be combination
of field visual assessment, installation and external
environmental factors, measured sediment, and age.
Task 1 Assumptions:
– 3 days field work for watershed delineation and
conditions
– 5 days field work with City assistance on lifting
lids/grates and trac control
GHD City of Crescent City Storm Drain Master Plan, Community Development Block Grant (CDBG) Task 2. Hydrologic and Hydraulic
Modelling
A quantitative analysis of the existing storm drain system and improvement opportunities will be conducted
through methodologies described below.
Task 2.1 Hydrologic/Hydraulic Models
Under this task, linked hydrologic/hydraulic model will be developed to identify
1. Existing constraints within the storm drain system,
2. Constraints and links to natural watershed processes that occur within the sub-watersheds, and
3. Opportunities for the implementation of multibenefit projects and quantification of their eect on capacity.
The model will be used to simulate dierent rainfall
events to evaluate water quality, system capacity, and
large event capacity - the 2-year, 10-year, and 50-year events respectively. Boundary conditions will include
current tidal cycles. It is anticipated that 1-dimensional model will be developed and used to determine where
storm/flood waters move. For areas where the flows are
greater than the existing system’s carrying capacity,
2-dimensional model is anticipated to be developed. The 2-dimensional model areas are anticipated to include
low lying areas, tidally influenced areas, and flood areas.
The final model parameters and approach will depend on
the dat analysis and collection in previous tasks, but it is anticipated that PCSWMM modeling software will be
utilized.
The hydraulic response of the system under dierent
design storms and tidal conditions will be evaluated to better understand problem areas in the sub-watersheds,
including where existing capacity limitations in the storm drain system cause flooding. In addition to maps already provided, discussions with City maintenance sta will
be conducted to identify problem areas prior to model
development and verify model outputs.
Once the model is complete it will be used to develop
alternatives to achieve stormwater management goals.
The Alternatives Analysis will identify potential projects and model these to determine quantitative benefits.
Opportunities for multi-benefit low impact development
and water quality enhancements will be identified at
potential project sites.
Due to the dat intensive requirements, calibrated or
verified model is not being proposed for this city-wide project. GHD has extensive experience in calibrated
modeling and would be happy to propose such on
smaller scale or phased approach. We are confident
planning level model will provide valuable insights into flood hazards and mitigations and serve as reliable
planning tool.
Task 2 Assumptions:
– Planning level linked hydrologic/hydraulic model
in PCSWMM, using both 1D and 2D modeling
methods
Task 3. Vulnerability Assessment/Risk
Analysis
While the hydrological and hydraulic modeling in Task 2 look at current system capacity, Task 3 looks across the system to analyze risk that may be upcoming. In order
to determine which assets need to be addressed sooner
than others, GHD will perform risk assessment that
focuses on the probability of failure and consequence of failure of an asset to determine the asset’s overall risk.
An initial workshop with GHD and relevant City sta will provide an overview of GHD’s risk framework, seek input on condition scoring and level of service goals that make sense for Crescent City, and review modes of failure
and consequences of failure specific to the area. The
City’s institutional knowledge and experience is vital
to capturing the nuances and context for stormwater
infrastructure planning.
After arriving at the appropriate risk framework, GHD
will apply these scoring indices and probability metrics to the storm drain system. GHD will again request
workshop with the City to review the results of this
analysis. This is an opportunity for common sense and
gut reactions to how the framework categorizes high
and low risk infrastructure and to provide feedback
on how the framework may be adjusted to better
reflect conditions on the ground. After incorporating
feedback, GHD will finalize the risk analysis into the risk prioritization plan and the risk mitigation plan that will complement the capacity project prioritization results.
The risk framework components include:
Level of Service Goals (LOS)
Level of Service Goals identify the direct and indirect functional, business, public health and safety and service delivery goals of the storm drain facilities or assets.
These goals are the measuring criteri for the Probability of Failure and Consequence of Failure analyses and drive the total risk prioritization. Refer to Figure 1, page 29.
Probability of Failure Determination (POF)
This score will represent the likelihood, or probability of the asset failing, due to its operating demands,
environment, deterioration mechanisms present,
predominant failure modes and condition.
Consequence of Failure Determination (COF);
Consequence of Failure (COF) is often referred to
as “criticality”, and these terms (COF and criticality) are frequently used interchangeably. Asset COF is
evaluated based on estimating the social, financial, and environmental/regulatory impacts of an asset failure.
These three broad categories of consequence of failure
are often referred to as the Triple Bottom Line (TBL)
and go beyond simply assessing the direct financial
consequences of an asset’s failure (e.g. cost to repair or resource impacts). Refer to Figure 3, page 29.
GHD City of Crescent City Storm Drain Master Plan, Community Development Block Grant (CDBG) Business Risk Exposure (BRE)
The term “core risk” is defined as the product of
consequence of failure (COF) and the probability
of failure (POF) without adjusting for risk mitigation
measures that may be in place for the asset or
system. Once the core risk is calculated as baseline
measurement, risk mitigation strategies can be
considered and/or developed that can reduce the level
of risk. Business risk exposure is closely related to the consequences associated with the total loss or failure
of the asset. It is noteworthy that critical assets may be in good condition and therefore unlikely to fail in the immediate future, but the asset remains critical to the provision of services.
Task 3 Assumptions:
– Availability of Key City Sta to participate in
workshops
Task 4. Prioritization of Improvement
Concepts and Costs
The following components will be analyzed and will
inform the final prioritization of projects.
Subtask 4.1 Remaining Useful Life (RUL)
Using the condition evaluations gathered, GHD will assign an estimated Remaining Useful Life (RUL) to qualifying
storm drain assets (i.e. an asset that meets the threshold of criticality and cost to warrant analysis), focusing on the highest risk assets identified in the activities above. This RUL estimation will be based on the qualifying asset’s
Goals and
Objectives
• Why are we
here?
• What is our vision
and what do we
want to achieve
Desired Level of
Service
• What Services
do we need to
support these
goals?
• At what level
fo we need to
provide them?
State of
Infrastructure
• How does our
infrastructure
support service
delivery?
• Where are the
current and
future risks?
Management
Strategy
• What do we
need to manage
then?
• What capital
and operating
investments are
needed?
Financial
Strategy
• What will this
cost and how
will we aord?
• What trade-os
are needed
to make this
sustainable?
Verify
Stakeholder
Confirm
Goals
Define
Criteri
Set
Targets
Assess
Risk
Identify
Needs
Assign
Actions
Evaluate
Priorities
Develop
Plan
Produce
Forecast
Business
Objectives
Required
Outcomes
Failure
Mode
Likelihood
Consequences
Risk
Exposure
Risk
Acceptance
Activity
Prioritization
Capital
Investment
Replacement
Operations/
Maintenance
Investment
Risk
Mitigation
Severity
of
Impact
Extent
of
Impact
Stakeholder
Demands
Asset
Portfolio
Figure 1. Level of Service
Figure 2. Business Risk Exposure
Figure 3. Consequence of Failure
GHD City of Crescent City Storm Drain Master Plan, Community Development Block Grant (CDBG) 9 ability to perform its desired function in its operating context, deterioration mechanisms and conditions that
aect its function, and its current physical condition.
Estimated useful life schedules will be created for the assets reviewed, as well as estimated “best” replacement intervals to prevent pre-mature failing of the assets.
Subtask 4.2 Risk Mitigation Strategy
Using the Vulnerability/Risks identified in Task 3, and the projected remaining useful life estimates from
Subtask 4.1, GHD will develop and prioritize the City’s non replacement actions and identify mitigants for
each of the vulnerabilities/risks identified. Applicable engineering and administrative controls, and operational and maintainability solutions will be evaluated.
Subtask 4.3 Equity Analysis
Crescent City has prioritized flood mitigation in areas heavily accessed by its low-income communities.
To this identified priority, GHD brings experience in
analyzing and advising municipalities in the equitable
distribution of infrastructure upgrade funding
and implementation. Using the most up-to-date
demographic dat and block group scale spatial
resolution, we propose transparent and reliable equity index to capture the impact of proposed projects to
communities of concern. A city-wide equity index may
be leveraged for federal grant funding sources for assets beyond the storm drain system.
The equity lens will be utilized both in terms of level of service goals and in capital improvement allocation. We will begin with the Environmental Protection Agency’s
(EPA’s) six tenets of Environmental Justice and tailor
these tenets to the unique community makeup of
Crescent City.
6 Tenets of Environmental Justice per the EPA:
– Age: less than 5, or more than 64
– Education: high school
– Income: low income = 2x Federal poverty level
– Race: bipoc (black, indigenous, people of color)
– House age: pre-1960
– Primary Language: other than English
Subtask 4.4 Project Prioritization & Costing
Combining the Risk Prioritization and Mitigation Plans
with the capacity improvement projects identified in
Task 2 will give the full picture of potential projects, their unique benefits and their importance in terms of level of service and criticality. For each, GHD will estimate cost of implementation to planning level to further inform
decisions and options in this Storm Drain Master Plan.
Identified projects will be listed and represented spatially with the attributes gathered and calculated throughout
this process.
Task 4 Assumptions:
– Validated condition assessment completed from
Task 1
Task 5 .Storm Drain Master Plan
GHD’s development of the Crescent City Storm Drain
Master Plan will progress with the completion of each
task mentioned previously. As tasks are completed, draft technical memorandums will be submitted to the City
for eciency and timeliness of review and incorporation
of feedback. In that sense, Task 5 will be on-going
throughout the project.
A final compilation of technical memorandums and
summaries will be organized into chapters and provided as word document for review by the City. A final version in pdf will integrate the City’s feedback. To increase access to this document as working planning resource, GHD will create web application version of the Plan with tabbed sections and interactive maps where users can explore
results and the dat that informed those results. GHD will host this web application for 5-year period. The same
spatial dat displayed in the SDMP document and web
application will be provided to the City for use in MyGov and desktop GIS or AutoDesk software.
Task 5 Assumptions:
– City will review draft report and provide review
comments within two (2) weeks
Task 6. Project Management and
Coordination
This task will provide project management services
during the project to ensure good communication and
understanding of project progress, expenditure and
schedule. Reporting and fiscal requirements of the
Community Development Block Grant funding will be
noted and followed to facilitate the quick and easy
reimbursement to the City and GHD. Both internal and
external project management activities comprise our
standard approach. A virtual kicko meeting will be
proposed and organized by GHD with the City and key
GHD sta. Internal Tasks kicko meetings will occur to
keep all project team members informed of the approach
and schedule.
Task 6 Assumptions:
– Most meetings between GHD and City sta can
be virtual, with the exception of two in-person
meetings by the Project Manager in Crescent City
– A grant administration fee of 7% (~$17,532) has
been removed from this scope and budget, GHD
can add it and will apply it across tasks as needed
if awarded total project budget of $250,000.
Task 7 (Optional) – Water Quality
Enhancement and Sustainability
GHD’s Water Resources Team is comprised of civil,
structural, transportation, coastal, construction,
geotechnical, electrical, mechanical, automation
engineers as well as scientists, hydrogeologists, landscape architects, planners, digital technologists, economists, and everything in-between to provide full-service
perspective to any program or project.
To further address water quality enhancement and
sustainability opportunities in this Storm Drain Master Plan, GHD would work with Crescent City to further
develop green stormwater infrastructure at storm drain
GHD City of Crescent City Storm Drain Master Plan, Community Development Block Grant (CDBG) project opportunity sites under this Task. As shown
on our resumes and project descriptions, we excel at
multi-disciplinary, complex projects with an overall eort for water quality, water supply, and flood management
benefits with keen eye on nature-based solutions,
socio-economic considerations, and community
enhancement.
Some examples of the project development would have
done in the past and could oer are
– Capture, Retention, Treatment and Conveyance of
Water Resources
– Groundwater Recharge
– Recycled Water
– Multi-Purpose Watershed Management Facilities
– Low Impact Development Measures
– Engineered Wetlands
– Appropriate Landscaping
– Stream and Upland Habitat Creation and Restoration
– Trash Capture technology
GHD would oer design ideas that provide multi-benefit
outcomes, protect and improve water quality, and
increase the attractiveness of grey infrastructure projects to funders.
Task 7 Assumptions:
– The City and GHD will develop mutually
agreeable scope and fee for this work if requested,
as this task is not part of the proposed scope of
work.
Task 8 (Optional) – Stormwater
Resiliency Guide
Stormwater resiliency is unique to each community. On
the North Coast, stormwater resiliency may address
groundwater capacity, tidal surge and inundation
concerns, in addition to storm frequency and severity
changes. All these forces need to be managed against
community needs and development. GHD has provided
stormwater resiliency support to several North Coast
communities through the Eurek Storm Water Resources
Plan (2018), the Humboldt Bay Se Level Rise Adaptation
Plan (2020), and Trinidad Community Coastal Resilience
Action Plan (ongoing).
For this task we would consider these complex and
overlapping factors and provide guiding document for
long-term and steady improvement including funding
resources such as grant program targeting and stormwater fee program development. Another resource that GHD
has provided communities is standard planset for
region-appropriate green stormwater infrastructure such as tree well filters, or roadside bioretention features than can be planned alongside other capital improvement
projects. GHD would work with Crescent City on
targeted scope and fee for this Task that best meets the City’s needs.
Task 8 Assumptions:
– The City and GHD will develop mutually
agreeable scope and fee for this work if requested,
as this task is not part of the proposed scope of
work.
GHD City of Crescent City Storm Drain Master Plan, Community Development Block Grant (CDBG) 3e. Deliverables
The final deliverable to Crescent City will be their Storm Drain Master Plan. Traditionally, these plans have been finalized as documents with supporting figures and
accompanying digital dat files. Through our ongoing
relationships with our clients where these reports have been delivered, by GHD or others, we hear the hope that “these don’t sit on the shelf and collect dust.”
Our hope and goal for this master plan is that it is
easily accessible across the City and is relied upon as reference and planning tool. To achieve this, we are
proposing an integrated document and web application
that allows for easy navigation and interaction with the components and supporting dat for the Storm Drain
Master Plan through the use of interactive maps and
tabbed webpages.
The content, results, and dat that comprise the Plan
will be provided in draft format as that Task concludes for timely review and feedback. Digital dat such as
the hydrologic and hydraulic models and GIS dat will
be provided directly to the City at Task completion.
The technical memorandums described below will
become chapters in the Plan. All the analyses, modelling, institutional knowledge, field and desktop research, and prioritization will result in ranked list of the near term and long term storm drain assets to repair or replace or redevelop to best serve the City and its residents.
Task 1. Dat Collection and Watershed
Identification
Task 1 Deliverables
– Draft Stormwater Infrastructure GIS (shapefile)
– Watershed GIS (shapefile and file geodatabase
Proof of Success
Leveraging our GIS and GPS experience
GHD’s Eurek oce has been regional hub for mobile GIS and GPS technology and spatial dat support for over decade. Our geospatial sta are experts in using the latest and most accurate mobile field devices, in particular the Eos Gold RTK paired with our Enterprise GIS integrated field dat collection apps and tablets. Our experience with asset inventory, whether stormwater, signage, or other, has shaped us into an ecient and safety minded group. We then steward the dat through post-processing, analysis and ultimately figure production and dat delivery. We are familiar with the mapping component of MyGov and can provide dat back to the City accurately, topologically correct, and information rich. GHD is an Esri Silver Business Partners and recent (2022) recipient of Esri’s Special Achievement in GIS Award.
GHD City of Crescent City Storm Drain Master Plan, Community Development Block Grant (CDBG) Task 2. Hydrologic and Hydraulic Modelling
Task 2 Deliverables
– Draft Stormwater Infrastructure GIS (shapefile)
– Watershed GIS (shapefile and file geodatabase
Task 3. Vulnerability Assessment/Risk Analysis
Task 3 Deliverables
– Risk Framework Workshop including Condition Assessment Level of Service Goals, Probably and Consequence of Failure and Meeting Minutes
– Risk Assessment Results Workshop and Meeting Minutes
– Draft Technical Memorandum (MS Word/Excel) including
• Level of Service statement and Risk Evaluation Criteri • Probability of Failure Matrix and scoring
• Consequence of Failure matrix and scoring
• Prioritized Total Risk (Vulnerability) scoring matrix • Risk Prioritization Plan
• Condition Report (Condition Assessments and Condition Assessment Criteria) Proof of Success
From Concept to Reality
The GHD Team has executed hydrologic and hydraulic
modeling to assess and communicate flood risks to our
clients, regulatory agencies, and the public to improve their understanding of flood risk and identify flood reduction alternatives. Our experience modeling and design of the Copeland Creek Channel near Sant Ros is an excellent
example of this process. The ultimate goal of flood hazard mitigation is to implement projects that reduce flooding.
Implementation requires multitude of skill sets to balance hydraulics, habitats, community, and regulatory drivers. In Fortuna, GHD’s experience planning, designing, permitting, and implementing the Rohner Creek Flood Control and
Habitat Improvements Project that ultimately resulted in the remapping of the FEMA flood hazard zone, is an example
of the GHD Team’s ability to take project from concept to reality in challenging urban setting. The images below show the model results of the Rohner Creek project that reduced the 100-year special flood hazard zone to within the modified channel and high flow bypass.
San Francisco
2022
Engineering Excellence
GHD Inc.
for
Rohner Creek Flood Control, Seismic,
and Habitat Improvement Project
2022
Engineering Excellence Merit
GHD Inc.
for
Rohner Creek Flood Control, Seismic,
and Habitat Improvement Project
GHD City of Crescent City Storm Drain Master Plan, Community Development Block Grant (CDBG) Task 4. Development of Improvement
Concepts and Costs
Task 4 Deliverables
• Draft Equity Analysis Technical Memorandum (MS
Word)
• Draft Risk Mitigation Plan including Remaining
Useful Life Matrix (MS Word)
• Stormwater Infrastructure GIS (shapefile and file
geodatabase) with attributes developed in Tasks
1-4
• Projects GIS (shapefile and file geodatabase)
with prioritization, cost estimate and equity index
attributes
Task 5. Storm Drain Master Plan
Task 5 Deliverables
– Draft Storm Drain Master Plan (MS word)
– Final Storm Drain Master Plan (pdf) and public
ArcGIS Online web application hosted by GHD for 5
years
Task 6. Project Management and
Coordination
Task 6 Deliverables
– Monthly invoicing with project updates
– Agendas and Meeting Minutes with Action Items for
meetings with GHD and the City
Task 7 (Optional). Water Quality
Enhancement and Sustainability
Task 7 Deliverables
– No deliverables included as this task is not part of
the proposed scope of work.
Task 8 (Optional). Stormwater
Resiliency Guide
Task 8 Deliverables
– No deliverables included as this task is not part of
the proposed scope of work.
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3c. Cost
GHD has generated cost proposal and fee schedule to achieve all of the requirements in this storm drain master plan (SDMP). This cost proposal and fee schedule matches the detailed scope of work presented in section 3d and is intended to be flexible, practical, and aordable. GHD understands that the City has budget to meet for this project and we are prepared to negotiate the scope and fee in good faith if we are selected. 2022 Rate Schedule Notes
1. Rates are for employees of GHD companies.2. An administration fee will apply to all invoices to cover in-house disbursements (Associated Project Costs) on project. This will be charged at rate of either:
• 6% of total professional fees • Hourly rate of CAD $7.50 or USD $6.50
3. All travel will be invoiced at economy class rates. Lodging and meal expenses will be at cost plus agreed markup unless per diem rate is negotiated.4. All other project related disbursements, expenses and subcontractor costs will be invoiced with markup of 15%.5. Fee schedule is subject to change annually.6. Leased and personnel vehicles, field equipment and disposable field supplies will be invoiced at established rates. Personal vehicle milage rates will be charged in accordance with government regulated standard rates.
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT EXHIBIT C
EXHIBIT C
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was place when this transaction was made or entered into. Submission oof this certification is a prerequisite for making or entering into this transaction imposed by 31 USC § 1352.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and nor more than $100,000 for each such failure.
The undersigned certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the undersigned understands and agrees that the provisions of 31 USC Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, of any.
Signature of Consultant’s Authorized Official Date
Print Name and Title
CITY OF CRESCENT CITY EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
EXHIBIT D
APPLICABLE CDBG PROGRAM TERMS AND CONDITIONS
1. Uniform Administrative Requirements. Consultant shall comply with the policies, guidelines and Administrative Requirements of 2 CFR Part 200 et seq., as applicable, as they relate to the cost principles, audit requirements, acceptance and use of federal funds.
2. Compliance with State and Federal Laws and Regulations. Consultant shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and guidelines established by the Department for the administration of the CDBG program.
3. Suspension and Debarment. By executing this Agreement, Consultant verifies and affirms that it has not been suspended or debarred from participating in or receiving federal government contracts, subcontracts, loans, grants or other assistance programs.
4. Equal Opportunity Requirements and Responsibilities. Consultant shall comply with all applicable federal laws and regulations described in Subpart K of 24 CFR Part 570 and specifically the following:
A. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) prohibiting discrimination based on protected class, as amended;
B. the Civil Rights Restoration Act of 1987 (Public Law 100-259) requiring expanded compliance with civil rights laws for jurisdictions receiving federal funding; C. Section 104(d) regarding relocation and displacement and Section 109 of Title 1 of the Housing and Community Development Act of 1974 prohibiting discrimination in CDBG funded programs, as amended;
D. Section 504 of the Rehabilitation Act of 1973 prohibiting recipients of federal funds from discrimination against persons with disability;
E. the Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities;
F. the Age Discrimination Act of 1975 prohibiting age-based discrimination in federally funded activities;
G. Executive Order 11246 regarding fair employment, as amended by Executive Orders 11375, 11478 and 12086; and
H. HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights.
5. Environmental Compliance. Consultant must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations will be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6. Drug-Free Workplace. Consultant must comply with the Drug-Free Workplace Act of 1988.
CITY OF CRESCENT CITY EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
7. Retention of Records. Consultant shall retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a minimum period of five (5) years after the Department notifies the Grantee (City) that the HCD contract has been closed according to the record retention requirements at 2 CFR 200.333.
8. Inspection of Records. Consultant shall permit the State, federal government, the state Bureau of State Audits, the Department (HCD), and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.
9. Inspections of Grant Activity. The City reserves the right to inspect any grant activity performed by Consultant hereunder to ensure that the grant activity(ies) is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement.
For all grant activity(ies) found by such inspections not to conform to the applicable requirements be corrected, the City will withhold payment to Consultant until it is so corrected.
10. Prohibited Conflicts of Interest. Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, including members and delegates to the Congress of the Unites States may obtain a financial interest or benefit from a CDBG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for one (1) year thereafter.
CITY OF CRESCENT CITY RESOLUTION NO. 2023-80 Page 1
RESOLUTION NO. 2023-80
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 and has the authority to amend said budget from time to time; and
WHEREAS, the City applied for and was awarded $250,000 under the 2022 Community Development Block Grant (CDBG) Notice of Funding Availability to complete a Storm Drain Master Plan; and
WHEREAS, the City has received a fully executed agreement from the State Department of Housing and Community Development and this program is ready to begin expending grant funds; and
WHEREAS, the grant revenue and expenditures will be budgeted and any unused amounts carried over to the following fiscal year until the funds are expended or the grant period ends; and WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
1. That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Revenue Increase (Decrease) Expenditure Increase (Decrease) 2022 CDBG Fund $250,000 $250,000
APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 20th day of November 2023 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
CITY OF CRESCENT CITY RESOLUTION NO. 2023-81 Page 1
RESOLUTION NO. 2023-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ESTABLISHING A NEW FUND FOR 2022 CDBG AWARD AND ASSOCIATED PROJECT WHEREAS, the City of Crescent City has been awarded funding under the 2022 CDBG Notice of Funding Availability for the development of a Storm Drain Master Plan; and WHEREAS, CDBG regulations require this funding be kept separate from other funding sources and has explicit restrictions as to its use; and
WHEREAS, City Council approval is required to create a new special revenue fund within the City’s budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
1. That the City of Crescent City establish a new special revenue fund for the 2022 CDBG award and the associated project.
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 20th day of November 2023 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: DAVID YEAGER, PUBLIC WORKS DIRECTOR
ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: NOVEMBER 20, 2023
SUBJECT: ADDITIONAL REIMBURSABLE FUNDING FOR THE PURCHASE OF
MATERIALS FOR CSA LIFT STATION MAINTENANCE
______________________________________________________________________
RECOMMENDATION
• Approve and adopt Resolution No. 2023-82, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY
BACKGROUND
As a result of the relatively flat terrain in and around Crescent City, a large number of lift stations are required to transport City and County wastewater to the wastewater treatment plant (WWTP). Crescent City personnel operate and maintain both County and City lift stations. Of the twenty-one lift stations feeding the WWTP, six are owned by the City and fourteen are owned by the County. The Oregon lift station serves both jurisdictions and maintenance expenses are split 18%/82% between the City/County.
Most of the existing stations were constructed in the late 1970’s and contain centrifugal pumps which were vulnerable to becoming clogged with debris, resulting in the potential for spills as pump capacity becomes impaired. Overflows from the sewer system are called sanitary sewer overflows (SSOs) and are subject to specific reporting and response requirements in accordance with the facility’s SSO plan along with State and Federal regulatory requirements. Because of the proximity of our lift stations to both populated areas and environmentally sensitive wetlands, elimination of SSOs is important to both public safety and environmental protection. As such in 2017 / 2018 many of the lift stations pumps were upgraded to “chopper” pumps that actually grind the material and have a much lower chance of clogging. However, these pumps do have blades that need to be adjusted and replaced after a certain amount of time.
CSA LIFT STATION PUMP REHABILITATION
NOVEMBER 20, 2023
2 ITEM ANALYSIS
The grinder or chopper blades require regular maintenance to set the gaps between blades or require replacement when they reach end of life. Based on recent maintenance of three of these lift stations, it was determined that these chopper blades could no longer be adjusted to perform efficiently, therefore replacement was required.
Over the past four fiscal years the City has averaged $11,543 per year for CSA parts. For FY 23-24 we have budgeted $18,900. With the purchase of the three new blade sets for the Hodge, Olive, and Roy lift stations ($14,300), the FY 23-24 budget has already been exceeded. Staff intend to purchase replacement blade sets for the additional seven lift stations detailed above in this fiscal year. Staff are also anticipating the replacement of at least one pump this year.
A hindrance in past years in keeping up with potential maintenance to the lift stations was an unintended shortfall in staffing. Public Works has been running with just two EMOTs.
Director Yeager anticipates being fully staffed with three EMOTs and one Utility Mechanic by January 1, 2024. As the FY 23-24 labor budget includes complete staffing for both City and County lift station maintenance, the PW Department should have an adequate labor budget to install these additional replacement parts.
FISCAL ANALYSIS
The table below shows current and anticipated CSA budget for Fiscal Year 2023-24.
CSA Lift Station Material Budget FY 23-24
Budget
Anticipated
FY 23-24
Budget
Anticipated FY 23-
24 deficit without
adjustment
CSA pump & replacement parts $18,900 $80,000 ($61,100)
As the City’s CSA budget is completely reimbursable by the County, a revenue increase equal to the requested increase in expenditures is included in the Resolution.
The County’s CSA budget also reflects the underutilization of replacement parts in the past few years. City staff has been working with the County to keep them informed of expenses and planned maintenance. This will allow the County to oversee our expenditures as well as be kept up to date with our progress. The County will also be required to make their own corresponding internal budget adjustments to cover the reimbursement of our increased expenses.
STRATEGIC PLAN ASSESSMENT
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND
VISITORS
A. Enhance collaboration with other agencies and the community to better aid the public.
CSA LIFT STATION PUMP REHABILITATION
NOVEMBER 20, 2023
3 D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs.
GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
D. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities.
ATTACHMENTS
1. Resolution NO. 2023-82 (Budget Amendment)
CITY OF CRESCENT CITY RESOLUTION NO. 2023-82 Page 1
RESOLUTION NO. 2023-82
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 by way of Resolution No. 2023-39 and has the authority to amend said budget from time to time; and
WHEREAS, the Del Norte County is the owner and financially responsible for the maintenance of the CSA Lift Stations; and
WHEREAS, the City has an agreement with Del Norte County to provide maintenance of the CSA lift stations, and the County reimburses the City for those expenses; and WHEREAS, the CSA lift stations are in need of additional repairs and maintenance exceeding the current budget; and
WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
1. That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Revenue Increase (Decrease) Expenditure Increase (Decrease) Sewer Fund $61,100 $61,100
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 20
th day of November 2023 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: NOVEMBER 20, 2023
SUBJECT: AMENDMENT TO CONTRACT WITH HAMBRO/WSG FOR THE
HAULING AND DISPOSAL OF WWTP SLUDGE TO EXTEND THE
SERVICE THROUGH THE END OF THE 23/24 FISCAL YEAR
______________________________________________________________________
RECOMMENDATION
• Approve and authorize the City Manager to execute the Fourth Amendment To The Municipal Sludge Hauling Agreement Between The City Of Crescent City And Hambro/Wsg.
BACKGROUND
After evaluating the options of self-hauling and current contractual agreements, the City Council, on June 6, 2011 authorized staff to request proposals for the hauling and disposal of the sludge from the Wastewater Treatment Plant (WWTP).
The City of Crescent City entered into a 10-year contract with Hambro/WSG (#C2496796) on the 1st of December 2011 for the purpose of collecting, transporting, and disposing of municipal sludge from the City’s WWTP.
On January 22, 2013, the contract was amended to eliminate the use of Snoozie Shavings as a sub-contractor whereby Hambro/WSG became the sole provider of services (no subcontractor).
On October 20, 2021, the City Council extended the agreement for an additional 12 months through November 30, 2022.
On December 19, 2022, the City Council approved an increase in the cost for the service and extended the agreement through November 30, 2023.
HAMBRO/WSG CONTRACT AMENDMENT
November 20, 2023
2 ITEM ANALYSIS
The current contract with Hambro/WSG, as amended, is set to expire on November 30, 2023. While the City is currently working with its WWTP contract operator to find means to improve the City’s sludge classification from Class C to Class B or even Class A, staff is recommending that it is in the best interest of the City to extend the contract with Hambro/WSG through then end of this fiscal year (June 30, 2024) while alternatives continue to be evaluated. Based on the current discussions any of the alternatives would likely take three to five years to implement. After the evaluation is complete, staff will present the Council with recommendations on possible future actions, which could include a plan for future biosolids related capital improvements and requesting new proposals for biosolids hauling and disposal services.
According to paragraph A.2.6 of the contract with Operations Management International, Inc. (“Jacobs”), it is within scope to seek land application uses for the disposal of biosolids.
Jacobs will assist the City in securing all permits and land use agreements, perform soils and biosolids testing, and report the volume and quantity of biosolids land applied.
Preparing biosolids for land application under classification A is estimated to incur additional capital improvements such as driers, pasteurization, and pelletizing equipment.
Class A biosolids can be applied to agricultural land, public access areas, private lawns, and home gardens.
FISCAL ANALYSIS
The current rate per ton is $174.58. Amendment #4 does not call for an increase and explicitly states that there will be no CPI increase.
According to paragraph 4.3 of the Jacobs contract, the City is responsible for the removal of screenings, grit, scum, sludges, and biosolids (collectively, “Residuals”). The City contracts with Hambro/WSG for this service. Also, according to paragraph 4.3, this cost is to be reimbursed by the contractor (Jacobs). However, if the increase in the disposal rates is in excess of the agreed upon escalation any Contract Year, the parties have agreed to negotiate for additional compensation to Jacobs.
The cost for this service is currently budgeted through the end of the 23-24 fiscal year.
STRATEGIC PLAN ASSESSMENT
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
ATTACHMENTS
1. Hambro/WSG Amendment #4
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: NOVEMBER 20, 2023
SUBJECT: LOAN OF LMIHAF DOLLARS FOR AFFORDABLE HOUSING PROJECT ______________________________________________________________________
RECOMMENDATION
• Approve and authorize the City Manager to sign an agreement in substantially the same form as the Low- and Moderate – Income Housing Asset Fund Loan Agreement Between the City of Crescent City and GS Valhalla, LP for $300,000 attached hereto and all other documents called for in the agreement or necessary to complete the transaction.
• Approve the and authorize the City Manager to sign an agreement in substantially the same form as the Subordination and Intercreditor Agreement with Citibank, N.A. attached hereto.
BACKGROUND
The Crescent City Redevelopment Agency (RDA) was dissolved in 2012 along with all other redevelopment agencies in the State by way of legislation. One of the responsibilities of the RDA was to assist with the development and preservation of lowand moderate-income housing through the use of housing set aside funds (20% of redevelopment tax revenue is put into housing set aside). Part of the RDA dissolution process was to transfer various assets and statutory responsibilities of the RDA to other entities. Housing assets and affordable housing functions could be transferred to cities, housing authorities, etc.
The City of Crescent City elected to retain RDA’s housing assets and affordable housing functions (Resolution No. 2012-04). Thus, the City of Crescent City is the Housing Successor Agency to the RDA. Housing set aside funds are slowly accumulating as a result of the wind up of the RDA and revenues that continue to trickle in. This “housing set aside” portion of revenue is required to be held in a segregated low- and moderateincome housing fund (LMIHF), which may only be used toward the development or preservation of affordable housing.
LMIHAF LOAN – VALHALLA TOWNHOMES
NOVEMBER 20, 2023
2 This fall the City released a Notice of Funding Availability for Low- and Moderate-Income Housing Asset Fund dollars. At the close of the application period, the City received two applications. One was deemed incomplete and the other was reviewed and scored by staff.
On October 30, 2023, the City Council awarded a $300,000 loan from LMIHAF dollars to GreenShoots Communities, LLC / GS Valhalla, LP to be used in the acquisition and/or rehabilitation of Valhalla Townhomes (911 Pacific Ave). Renovations to be completed upon the acquisition include the following: new roof and gutters, parking lot and sidewalk repairs, replacement of all kitchen and bathroom cabinets and counters, as well as appliances, interior lighting, heaters and hot water heaters as necessary. At the conclusion of the renovations, there will be 5 units with ADA mobility features and 2 units with ADA communication features. Forty-four (44) of the units will be reserved for lowand very low- income households. One unit will be utilized for an onsite manager. Only 25 of the units are proposed to be assisted with LMIHAF dollars. All of the 25 units will be offered at affordable rents to low- and very low- income households.
The project has been awarded California State tax exempt bonds, federal low-income housing tax credits, and California state certificated low-income housing tax credits on May 11, 2023. Financing to acquire and rehabilitee the property is scheduled to close in December 2023 and the renovation of the property is anticipated to take approximately 12 months.
ANALYSIS
The $300,000 in LMIHAF dollars is proposed to be used to pay a portion of the construction costs for 25 of the units. The loan term is 30 years at 3.0% annual simple interest with annual payments due from 50% of the residual receipts, to be shared pro rata with other residual receipts lenders. This means that there is no set annual payment amount. However, the entire balance of principal and interest will be due upon the happening of the first to occur of the following events: receipt of HOME funds of $1.1 million or greater (or similar program), sale and resyndication of the property through the federal LIHTC program, or at loan maturity (30 years).
As a condition of receiving LMIHAF dollars, the borrower must execute an affordable housing covenant, which is recorded in the County’s official records with deeds and other real property records. The affordable housing covenant is a binding agreement upon the borrower, and any successors, to offer the 25 housing units assisted with the LMIHAF dollars at “affordable rents” to eligible low- and very-low income households. Specifically, the affordable housing covenant commits 9 of the units to be reserved for households earning 50% or less of the area median income (AMI), with 9 units reserved for households earning no more than 30% of AMI, and another 9 units reserved for households earning no more than 40% AMI, for 55 years from the date of recording the covenant. Annual reporting on the 25 units and their tenant households is part of the housing covenant.
LMIHAF LOAN – VALHALLA TOWNHOMES
NOVEMBER 20, 2023
3 Before the City Council this evening is approval of the actual loan agreement that will be executed by the borrower and the City. Attached and made a part of the loan agreement are the promissory note, the deed of trust and addendum, the affordable housing covenant, the notice of affordability restrictions, and the certificate of completion.
FISCAL ANALYSIS
This loan will decrease the Low- and Moderate-Income Housing Asset Fund cash reserves by $300,000. This fund has approximately $350,000 in cash currently and is projected to receive approximately $100,000 additional cash in future years as the RDA wind-down process is completed, all of which may only be used for projects to support low- and moderate-income housing. All payments and interest received from the borrower will be deposited back into the Low- and Moderate-Income Housing Asset Fund to be used for future eligible projects.
STRATEGIC PLAN ANALYSIS
This report is consistent with the following Strategic Plan Goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors • Goal 1(A): Enhance collaboration with other agencies and the community to better aid the public
• Goal 2(D): Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities
• Goal 3: Maintain responsible fiscal management and accountability
ATTACHMENTS
1. Low- and Moderate- Income Housing Asset Fund Loan Agreement between the City of Crescent City and GS Valhalla, LP
2. Subordination and Intercreditor Agreement with Citibank, N.A.
LOW- AND MODERATE- INCOME HOUSING ASSET FUND LOAN AGREEMENT
BETWEEN THE CITY OF CRESCENT CITY AND GS VALHALLA, LP
This Low- and Moderate- Income Housing Asset Fund Loan Agreement (“Loan Agreement”) is entered into by and between the City of Crescent City, a California municipal corporation (“City”), and GS Valhalla, LP, a California limited partnership (“Borrower”), for use in the acquisition and/or rehabilitation of the apartment complex known as Valhalla Townhomes located at 911 Pacific Avenue, Crescent City, California.
WHEREAS, the City is the housing successor to the Crescent City Redevelopment Agency pursuant to Health & Safety Code Section 34176 and the adoption of Resolution No. 2012-04; and
WHEREAS, as the housing successor, the City retained all housing assets and functions previously performed by the redevelopment agency; and
WHEREAS, the City has slowly accumulated housing set aside funds during the winding down of the redevelopment agency; and
WHEREAS, there are several multi-unit residential developments in the planning stages within the City; and
WHEREAS, the City released a Notice of Funding Availability for up to $300,000 in housing set aside funds (Low- and Moderate- Income Housing Asset Fund); and WHEREAS, Borrower submitted an application for the full $300,000 to be used in the acquisition and rehabilitation of a 45-unit apartment complex located in Crescent City; and
WHEREAS, the City is interested in retaining and maintaining affordable housing units within the City; and
WHEREAS, staff recommended and the City Council approved the award of $300,000 from the Low- and Moderate- Income Housing Asset Fund to Borrower in the form of a loan to assist in the acquisition and/or rehabilitation of affordable housing units.
NOW, THEREFORE, the parties agree as follows:
§ 1. THE HOUSING PROJECT.
1.01 Purpose of this Agreement. The purpose of this agreement is to loan the Borrower funds from the Low- and Moderate-Income Housing Asset Fund (“LMIHAF”) in accordance with the requirements of Health and Safety Code Section 34176.
1.02 The Project Site. Borrower intends to acquire and rehabilitate the 45-unit apartment complex located at 911 Pacific Avenue, Crescent City. The legal description of the site is attached hereto and incorporated herein as Attachment No. 1 (referred to as the “Project Site”).
LMIHAF Loan Agreement - Page 2
1.03 The Housing Project Defined. The funds loaned under this Loan Agreement will be specifically tied to 25 of the 45 units. The acquisition and/or rehabilitation of these 25 units will be referred to herein as the “Housing Project.” Improvements to be made to these 25 units include, but are not limited to, the following: new roof and gutters, parking lot and sidewalk repairs, replacement of all kitchen and bathroom cabinets and counters, as well as appliances, interior lighting, heaters and hot water heaters, as necessary.
1.04 Identity of the Borrower. The Borrower is GS Valhalla, LP, a California limited partnership, (i) whose administrative general partner is GS Valhalla LLC, a California limited liability company (the “Administrative General Partners), whose sole member is Greenshoots Communities, LLC, a California limited liability company (“Greenshoots”), and whose managing and sole member is Raymond Junior, an individual, and (ii) whose managing general partner is Bold Valhalla LLC, a California limited liability company, whose sole member is Bold Communities, a California nonprofit public benefit corporation. The qualifications and identity of the Borrower are of particular concern to the City and it is because of such qualifications and identity that the City has entered into this Loan Agreement with Borrower. No voluntary or involuntary successor in interest of the Borrower shall acquire any rights or powers under this Loan Agreement except as expressly set forth herein.
§ 2. LOAN TERMS
2.01 Principal Loan Amount & Annual Interest Rate. The City agrees to lend $300,000 from its Low- and Moderate- Income Housing Asset Fund to Borrower for the Housing Project. The principal will earn interest at the simple rate of 3.0% per annum.
2.03 Annual Payments. Borrower shall make annual payments to the City payable from 50% of the residual receipts from the Housing Project to be shared pro rata with all other agency lenders receiving payments from residual receipts, as defined in Attachment No. 2 (“Note”), incorporated herein by this reference.
2.04 Repayment Obligation. The outstanding principal and unpaid accrued interest will become immediately due and payable upon the first of the following events to occur: (1) Borrower receives a grant or loan in an amount of at least $1.1 million from HOME (or similar federal program); (2) sale and resyndication of the Project through the federal Low-Income Housing Tax Credit program; or (3) thirty (30) years from the date of the Note.
2.05 Security. This loan and its terms will be evidenced by the Note and secured by a deed of trust with an addendum in substantially the same form as that LMIHAF Loan Agreement - Page 3
set forth in Attachment No. 3, incorporated herein by this reference. The deed of trust will be recorded against and attached to the Project Site. § 3. AFFORDABLE HOUSING OBLIGATIONS
3.01 Affordable Housing Covenant. The Borrower covenants and agrees for itself, it successors, its assigns and every successor in interest, that the Housing Project’s 25 units will be rented to qualified very low- and extremely low-income households, seven (7) of which will be reserved for households with income equal to 50% of less of the area median income, nine (9) of which will be reserved for households with income equal to 40% or less of the area median income, and another nine (9) will be reserved for households with income equal to 30% or less of the area median income, as defined in California Health and Safety Code Section 50093, and, in each instance, adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. These 25 units will be offered at an affordable housing cost, as defined in the Affordable Housing Covenant attached hereto as Attachment No. 4, incorporated herein by this reference.
3.02 Recordable Documents. Concurrently with the execution of the Note and Deed of Trust, the Borrower shall also execute and deliver an Affordable Housing Covenant and a Notice of Affordability Restrictions on Transfer of Property to the City in the forms substantially as set forth in Attachments 4 and 5, incorporated herein by this reference.
3.03 Housing Project Maintenance. The Borrower 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, Borrower fails to maintain and operate the Site in accordance with this Loan 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 Borrower to maintain, or cause to be maintained, the Site in the condition provided in this Section 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 Borrower with more than one notice and cure period for each event of default.
LMIHAF Loan Agreement - Page 4
3.04 Fifty-Five Year Term. The foregoing affordable housing covenants (Sections 3.01 to 3.03) shall remain in effect for a period of fifty-five (55) years from the date the Affordable Housing Covenant is recorded against the Site.
3.05 No Discrimination. The Borrower covenants by and for itself and any successors in interest 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 Property, nor shall the Borrower itself or any person claiming under or through it 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 Property. The foregoing covenants shall run with the land in perpetuity.
Notwithstanding the foregoing paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the foregoing paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above paragraph.
§ 4. CONSTRUCTION AND REHABILITATION
4.01 City and Other Governmental Agency Permits. Before commencement of construction or other work of improvement upon the Site (unless such construction, development or work is to be commenced before the conveyance of title), the Borrower 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 Borrower in securing these permits.
4.02 Rights of Access. For the purposes of assuring compliance with this Loan 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 LMIHAF Loan Agreement - Page 5
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 Borrower and hold it harmless from any damage caused or liability arising out of this right to access.
4.03 Insurance Requirements.
a. Workers' Compensation. During the term of this Loan Agreement, Borrower 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 Borrower may have for Borrower's workers' 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. Borrower shall obtain at its sole cost and keep in full force and effect during the term of this Loan 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. Borrower shall obtain at its sole cost and keep in full force and effect during the term of this Loan 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. Borrower 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 Loan 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. Borrower shall also furnish or cause to be furnished to the City evidence satisfactory to the City that any contractor LMIHAF Loan Agreement - Page 6
with whom it has contracted for the performance of work on the Site carries the insurance required of Borrower, 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. Borrower 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 Loan 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 Loan 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, Borrower 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 Borrower hereunder. All insurance shall name City as additional insured and/or loss payee, as appropriate.
4.04 Antidiscrimination During Construction. The Borrower, for itself and its successors and assigns, agrees that in the construction of the improvements provided for in this Loan Agreement, the Borrower 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.
4.05 Local, State and Federal Laws. The Borrower shall carry out the construction of the improvements in conformity with all applicable laws, including all applicable federal and state labor standards.
4.06 Certificate of Completion. Promptly after completion of all construction and rehabilitation of the Housing Project, the City shall furnish the Borrower with a Certificate of Completion for the Site in substantially the form attached hereto as Attachment No. 6 upon written request therefor by the Borrower.
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.
A Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the acquisition and/or LMIHAF Loan Agreement - Page 7
rehabilitation of affordable housing as required by this Loan Agreement.
Except as otherwise provided herein, after the issuance of a Certificate of Completion, the respective rights and obligations of the parties shall be as set forth in the Note, Deed of Trust, and the Affordable Housing Covenant.
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 Borrower, the City shall, within ten (10) days of the written request, provide the Borrower 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 Borrower must take to obtain a Certificate of Completion. If the City shall have failed to provide such written statement within said ten (10) day period, the Borrower 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 Borrower 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.
4.08 Holder Not Obligated to Construct Improvements. The holder of any mortgage, deed of trust or other security interest authorized by this Loan Agreement shall in no way be obligated by the provisions of this Loan 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 Loan 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 Loan Agreement.
4.09 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 Borrower with respect to any breach or default by the Borrower in completion of construction of the improvements, the City shall at the same time deliver a copy of such notice or demand to NEF Assignment Corporation, as nominee, an Illinois not-for-profit corporation, the limited partner of the Borrower (the “Limited Partner”), and each holder of record of any mortgage, deed of trust or other security interest authorized by this Loan 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 LMIHAF Loan Agreement - Page 8
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 Borrower under this Section 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 Borrower under this Section. Nothing contained in this Loan 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 Borrower'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 Loan 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.
4.10 Right of City to Cure Mortgage, Deed of Trust or Other Security Interest Default. In the event of a default or breach by the Borrower 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, subject to the terms of any subordination agreement executed by the City and any lender approved by the City for the development of the Housing Project, the City may cure the default prior to completion of any foreclosure. In such event, the City shall be entitled to reimbursement from the Borrower 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, subject to the terms of any subordination agreement executed by the City and any lender approved by the City for the development of the Housing Project. 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.
§ 5. DEFAULTS, REMEDIES AND TERMINATION
5.01 Defaults – General. Subject to the extensions of time set forth in Section
7.04, failure or delay by either party to perform any material term or provision of this Loan Agreement constitutes a default under this Loan 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.
LMIHAF Loan Agreement - Page 9
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 5.05 and 5.06 of this Loan 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 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 Loan 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 under this Loan Agreement, the Note, the Deed of Trust, the Affordable Housing Covenant, or any other document executed in connection with the foregoing (collectively, the “Loan Documents”) made or tendered by the Limited Partner shall be deemed to be a cure by Borrower and shall be accepted by the City as if made or tendered by Borrower.
5.02 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 Loan 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.
5.03 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement.
5.04 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Loan 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.
5.05 Damages. If the Borrower or the City defaults with regard to any of the provisions of this Loan Agreement, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not LMIHAF Loan Agreement - Page 10
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.
5.06 Specific Performance. If the Borrower or the City defaults under any of the provisions of this Loan 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 Loan Agreement.
§ 6. BORROWER’S REPRESENTATIONS.
6.01 Authority. Borrower is a duly organized California limited partnership authorized to do business within the State of California. The Borrower has full right, power and lawful authority to enter into this Loan Agreement and undertake and satisfy all obligations as provided herein. The execution, performance, and delivery of this Loan Agreement by Borrower has been fully authorized by all requisite actions on the part of the Borrower.
6.02 No Conflict. To the best of Borrower's knowledge, Borrower's execution, delivery and performance of its obligations under this Loan Agreement will not constitute a default or breach under any contract, agreement or order to which the Borrower is a party or by which it is bound.
6.03 No Borrower Bankruptcy. The Borrower is not the subject of a bankruptcy proceeding.
6.04 Litigation. There are no claims, causes of action or other litigation or proceedings pending or threatened against the Borrower, or any affiliate thereof, that would affect Borrower's ability to undertake and satisfy all of its obligations pursuant to this Loan Agreement.
§ 7. GENERAL PROVISIONS
7.01 Notices, Demands and Communications Between the Parties. Formal notices, demands and communications between the City and the Borrower 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 Borrower as set forth herein below. 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 Borrower shall also be provided to the Limited Partner as shown below.
LMIHAF Loan Agreement - Page 11
If to City:
City of Crescent City
Attn: City Manager
377 J Street
Crescent City, CA 95531
If to Borrower:
GS Valhalla, LP
Attn: Raymond Junior
c/o GreenShoots Communities LLC
14071 Peyton Drive #1840
Chino Hills, CA 91709
and:
NEF Assignment Corporation
10 South Riverside Plaza
Suite 1700
Chicago, Illinois 60606
7.02 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Loan Agreement, nor shall any such member, official or employee participate in any decision relating to this Loan 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 Borrower 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 Loan Agreement.
7.03 Nonliability of City Officials and Employees. No member, official or employee of the City shall be personally liable to the Borrower in the event of any default or breach by the City or for any amount that may become due to the Borrower or on any obligations under the terms of this Loan Agreement.
7.04 Enforced Delay; Extension of Times of Performance. In addition to the specific provisions of this Loan 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 LMIHAF Loan Agreement - Page 12
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 Loan Agreement may also be extended in writing by the City and the Borrower.
7.05 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 Borrower pertaining to the Site as pertinent to the purposes of this Loan Agreement.
The Borrower 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 Loan Agreement.
7.06 Attorneys' Fees. Should any action be brought arising out of this Loan 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. All amendments hereto must be in writing and signed by the appropriate authorities of the City and the Borrower.
7.07 Waivers. All waivers of the provisions of this Loan Agreement must be in writing and signed by the appropriate authorities of the City and the Borrower.
7.08 Captions. The captions of this Loan Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Loan Agreement.
7.09 Successor and Assigns. All representations, covenants and warranties specifically set forth in this Loan Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.
7.08 Amendments to this Agreement. The Borrower and the City agree to mutually consider reasonable requests for amendments to this Loan 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 Loan Agreement and would not substantially alter the basic business terms included herein. The City LMIHAF Loan Agreement - Page 13
Manager shall have the authority to execute such amendments that may be reasonably required in connection with Borrower’s Financing, in form and content approved by the City Attorney.
7.09 Entire Agreement. This Loan 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.
7.10 Digital Signatures. The parties to this Loan Agreement agree to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform electronic Transactions Act (“CUETA”), Civil Code Section 1633.1 to 1633.7, for executing this Loan Agreement. The parties further agree that the electronic signatures of the parties included in this Loan Agreement are intended to authenticate this writing and to have the same force and effect as the use of a manual signature and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in Civil Code Section 1633.2(i).
LMIHAF Loan Agreement - Page 14
Date: __________________
CITY:
CITY OF CRESCENT CITY, a municipal corporation of
the State of California, acting in its capacity as the
housing successor to the Crescent City Redevelopment
Agency
By: Eric Wier, City Manager
ATTEST:
Robin Altman, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
LMIHAF Loan Agreement - Page 15
Date: __________________
Date: __________________
BORROWER:
GS VALHALLA LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities, LLC, a
California Limited Liability Company, its sole
member
______________________________________
By: Raymond Junior, its Managing and Sole
Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
LMIHAF Loan Agreement Attachment No. 1 Page 1
ATTACHMENT NO. 1
LEGAL DESCRIPTION
LMIHAF Loan Agreement Attachment No. 2 Page 1
ATTACHMENT NO. 2
FORM OF NOTE
_________________, 2023
$300,000.00 Crescent City, California
FOR VALUE RECEIVED, GS VALHALLA, LP, a California limited partnership (the "Maker"), having an address of c/o GreenShoots Communities LLC, 14071 Peyton Drive #1840, Chino Hills, California 91709, promises to pay CITY OF CRESCENT CITY ("Holder"), the principal sum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00), together with simple interest at the rate of three percent (3%) per annum, pursuant to the terms and conditions set forth below.
1. LOAN AMOUNT. This Note is made pursuant to Section 2 of that certain Lowand Moderate- Income Housing Asset Fund Loan Agreement (“Loan Agreement”) between Maker (as the Borrower) and Holder (as the City) dated __________________, 2023. Pursuant to the Loan Agreement, the Holder has agreed to loan $300,000 in Low- and Moderate-Income Housing Asset Funds to the Maker for acquisition and/or rehabilitation of 25 units (“Housing Project”) on that certain real property located at 911 Pacific Avenue, Crescent City, CA (the "Site"). These 25 residential units ("Affordable Units") shall be rented to eligible extremely low- and very lowincome households ("Eligible Households") at affordable rental rates, as specified and in accordance with an Affordable Housing Covenant executed and recorded against the Site pursuant to the Loan Agreement. The Housing Project is part of a larger project at the Site, which includes the acquisition and rehabilitation of a total of 45 units at the Site, including the Housing Project.
This larger project is referred to as the “Valhalla Project.”
2. SECURITY. Payment of this Note is secured by a deed of trust and assignment of rents together with an Addendum thereto (collectively, the "Deed of Trust") from Maker to Holder recorded against the Site.
3. PAYMENTS. This Note shall be due and payable in full thirty (30) years from the date hereof. Annual payments shall be made to the City from 50% of the "Residual Receipts" which is hereinafter defined. Starting on or before June 1 of the year following the year in which the Housing Project receives its Certificate of Completion, and to the extent there are Residual Receipts (as defined below) available from the Housing Project, Maker shall pay to Holder 50% of the Residual Receipts to be shared pro rata with all other agency lenders receiving payments from Residual Receipts. All payments made hereunder shall be credited first to any accrued but unpaid interest, then to current interest due and owing and lastly to principal. Interest not paid current shall accrue and shall not be compounded. Any outstanding balance of principal and accrued interest owing under this Note shall be due and payable in full thirty (30) years from the date hereof.
Any payments due hereunder shall be made in lawful money of the United States to the City of Crescent City, 377 J Street, Crescent City, California 95531. The place of payment may be changed from time to time as the Holder may from time to time designate in writing.
LMIHAF Loan Agreement Attachment No. 2 Page 2
4. RESIDUAL RECEIPTS. For purposes of this Note, “residual receipts” shall mean the sum of money computed as follows:
(a) All rents, revenues, consideration or income derived by Maker in connection with or relating to the ownership and/or operation of the Valhalla Project, excluding capital contributions from its partners, loan proceeds, security deposits, insurance proceeds, condemnation awards, and any other funds not generated from current project operations, but proceeds from Net Cash from Sales and Refinancings (as such term is defined in the Amended and Restated Limited Partnership Agreement of Maker dated December ______, 2023 (“Partnership Agreement”), less all of the following: (i) all customary and reasonable costs and expenses in connection with the operation and maintenance of the Valhalla Project; (ii) a property management fee (previously approved by Holder); (iii) all principal, and other required recurring charges and fees that are required to be paid on account of any loan(s) or other obligations of Maker approved by Holder; (iv) reasonable and customary cost for accounting and auditing the books and records of the Project; (v) an administrative fee (“Investor Asset Management Fee”) charged by Maker’s investor limited partner (“Limited Partner”) not to exceed $5,000 annually (which may escalate by 3% annually) and other amounts owed to the Limited Partner under Maker’s Partnership Agreement; (vi) a management fee ("Partnership Management Fee") not to exceed $7,5000 (which may escalate by 3% annually), provided such management fee is paid to the managing general partner for performing its general partnership duties, including but not limited to the following: reviewing the monthly operating budget; overseeing the performance of the property manager; meetings, coordination and conflict resolution with the adjacent property owner; review and approval of the annual operating budget; prepare, review and approval of annual partnership reports; review and approval of tax returns; coordination with the investor limited partner; and resolution of miscellaneous issues normally associated with the ownership and operation of multi-family housing; (vii) any accrued and unpaid principal and interest on loans made by the Limited Partner; (viii) any unpaid Development Fee, including any Deferred Development Fee, in an amount not to exceed the amount previously approved by Holder; and (ix) reserves, including an operating reserve and a replacement reserve, in amounts previously approved by Holder and deposited in an account approved by Holder for the Valhalla Project. (b) Notwithstanding the generality of the foregoing, the following items are not expenses or deductible in computing Residual Receipts:
(i) Payment of any fees or expenses or of any portion of the Residual Receipts to Maker or any affiliate of Maker, other than the Partnership Management Fee paid to the general partner for performing its general partnership duties and the Deferred Developer Fee payable to GreenShoots (as described in subsection (a), above);
(ii) Income taxes imposed upon Maker's income;
(iii) Payment of interest on any indebtedness of Maker to any affiliate of Maker (individual or entity) or to any other third-party lender or partner not otherwise approved by Holder; and
LMIHAF Loan Agreement Attachment No. 2 Page 3
(iv) Depreciation, cost recovery, amortization and similar items which do not involve the expenditure of cash.
5. FINANCIAL STATEMENTS. Until all principal and interest has been paid in full under this Note, Maker shall deliver annual balance sheets and income statements showing all revenues and expenses of the Valhalla Project. An audited financial statement shall be delivered within one hundred eighty (180) days of the end of each calendar year. Holder shall have the right to inspect and audit Maker's books and records concerning the calculation of Residual Receipts within thirty (30) days from receipt of Maker's statement. Failure to timely object shall be deemed acceptance. If Holder does object, Holder shall specify the reasons for disapproval. Maker shall have thirty (30) days to reconcile any disapproved item. If Maker and Holder cannot agree on the amount of the Residual Receipts, an independent auditor mutually selected by Maker and Holder shall resolve any disputed items. The cost of the auditor shall be shared equally by Maker and Holder.
6. BALANCE DUE UPON CERTAIN EVENTS. The entire balance of unpaid principal and accumulated interest will become immediately due and payable in full upon (i) Maker’s receipt of a grant or loan in an amount of at least $1.1 million in HOME (or similar federal) program funds for the Housing Project or (ii) sale and resyndication of the Housing Project through the federal Low-Income Housing Tax Credit program. Notwithstanding anything to the contrary provided herein, in the event that the Maker is in default under the terms of the Affordable Housing Covenant or the tax credit financing provisions or if there shall have been an uncured event of default under this Note or the Deed of Trust, in each event after the passage of applicable notice and cure periods, then the entire unpaid principal of this Note and accrued interest thereon shall be immediately due and payable.
7. MAINTENANCE. Maker hereby covenants and agrees that it shall maintain, or cause to be maintained, the Site in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code and shall keep the entire Site reasonably free from any accumulation of debris or waste materials prior to and after construction.
If, at any time, Maker fails to maintain the Site, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of sixty (60) days from the date of written notice from Holder to Maker, Holder may perform the necessary corrective maintenance, and Maker shall pay such costs as are reasonably incurred for such maintenance. The Holder shall have the right to place a lien on the property should Maker not reimburse Holder for such costs within sixty (60) days following Holder's written demand to Maker for reimbursement of such costs. Maker, on behalf of itself its heirs, successors and assigns, hereby grants to Holder and its officers, employees and agents, an irrevocable license to enter upon the Site to perform such maintenance during normal business hours after receipt of written notice from Holder as hereinabove described and Maker's failure to cure or remedy such failure within sixty (60) days of such notice. Any such entry shall be made only after reasonable notice to Maker, and Holder shall indemnify and hold Maker harmless from any claims or liabilities pertaining to any such entry by Holder.
Failure by Maker to maintain the Site in the condition provided in this Section 7 may, in Holder's reasonable discretion, constitute a default under this Note and the Deed of Trust.
LMIHAF Loan Agreement Attachment No. 2 Page 4
8. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute an event of default under this Note: (i) Maker fails to pay any amount due hereunder within fifteen (15) days of its due date; (ii) Any default by Maker under this Note, the Deed of Trust or the Loan Agreement after the expiration of applicable notice and cure periods; (iii) Any default by Maker under any other document affecting the Housing Project or Site, including without limitation any document executed by Maker in connection with the tax credit financing, after the expiration of any applicable notice or cure periods provided therein; (iv) The sale, transfer or other conveyance of all or any part of the Site or Housing Project, or any interest in it, without Holder's prior written consent, which shall not be unreasonably withheld, provided that direct and indirect transfers of partnership interests in the Maker shall not require the Holder’s prior written consent.
Upon the occurrence of any event of default, or at any time thereafter, at the option of the Holder hereof and without notice, the entire unpaid principal and interest owing on this Note shall become immediately due and payable. This option may be exercised at any time following any such event, and the acceptance of one or more installments thereafter shall not constitute a waiver of Holder’s option. Holder’s failure to exercise such option shall not constitute a waiver of such option with respect to any subsequent event. Holder’s failure in the exercise of any other right or remedy hereunder or under any agreement which secures the indebtedness or is related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof.
9. DEFAULT RATE. At all times when Maker is in default hereunder by reason of Maker’s failure to make payments when due under this Note or any amounts due under any loan documents securing this Note, the interest rate on the sums as to which Maker is in default (including principal, if Holder has elected to declare it immediately due and payable), shall be the lower of the highest rate then allowed by law or two percent (2%) over the prime interest rate announced by Wells Fargo Bank, N.A., as of the date of the default.
10. WAIVER OF PRESENTMENT. Maker and any endorsers hereof and all others who may become liable for all or any part of this obligation, severally waive presentment for payment, demand and protest and notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any extension of the time of payment hereof or of any installment hereof, to the release of any party liable for this obligation, and any such extension or release may be made without notice to any of said parties and without any way affecting or discharging this liability.
11. COLLECTION FEES. Maker agrees to pay immediately upon demand all costs and expenses of Holder including reasonable attorneys’ fees, (i) if after default this Note be placed in the hands of an attorney or attorneys for collection, (ii) if after a default hereunder or under the Deed of Trust, the Loan Agreement or under any loan document referred to herein Holder finds it necessary or desirable to secure the services or advice of one or more attorneys with regard to collection of this Note against Maker, any guarantor or any other party liable therefore or to the protection of its rights under this Note, the Deed of Trust, the Loan Agreement or other loan document, or (iii) if Holder seeks to have the Site abandoned by or reclaimed from any estate in bankruptcy, or attempts to have any stay or injunction prohibiting the enforcement or collection of the Note or prohibiting the enforcement of the Deed of Trust or any other agreement evidencing or securing this Note lifted by any bankruptcy or other court.
LMIHAF Loan Agreement Attachment No. 2 Page 5
12. CERTAIN LEGAL ACTIONS. If Holder shall be made a party to or shall reasonably intervene in any action or proceeding, whether in court or before any governmental agency, affecting the property or the title thereto or the interest of the Holder under the Deed of Trust, including, without limitation, any form of condemnation or eminent domain proceeding, Holder shall be reimbursed by maker immediately upon demand for all costs, charges and attorneys’ fees incurred by Holder in any such case, and the same shall be secured by the Deed of Trust as a further charge and lien upon the Site.
13. NONRECOURSE LOAN. Payment of this Note is secured solely by the Deed of Trust recorded against the Site and all improvements thereon, without recourse of any kind against Maker or its constituent entities or its limited partners.
14. NOTICES. Any notices provided for in this Note shall be given by mailing such notice by certified mail, return receipt requested, at the address stated in this Note or at such other address as either party may designate in written notice. Copies of any notices given under this Note shall be sent as follows:
To City: City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Manager
To Maker: GS Valhalla, LP
c/o GreenShoots Communities LLC
14071 Peyton Drive #1840
Chino Hills, CA 91709
Attn: Raymond Junior
and
NEF Assignment Corporation
10 South Riverside Plaza
Suite 1700
Chicago, Illinois 60606
15. BINDING ON SUCCESSORS. This Note shall be binding upon Maker, its successors and assigns.
16. CAPTIONS. Captions and headings in this Note are for the convenience of the reader and should bot be used in construction of the meaning of this document.
17. GOVERNING LAW. This Note shall be construed in accordance with and be governed by the laws of the State of California.
LMIHAF Loan Agreement Attachment No. 2 Page 6
18. SEVERABILITY. If any provision of this Note shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
Date: __________________
Date: __________________
MAKER:
GS VALHALLA LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities, LLC, a
California Limited Liability Company, its sole
member
______________________________________
By: Raymond Junior, its Managing and Sole
Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
LMIHAF Loan Agreement Attachment No. 2 Page 7
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 2 Page 8
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 3 Page 1
ATTACHMENT NO. 3
FORM OF DEED OF TRUST AND ADDENDUM TO DEED OF TRUST
STANDARD FORM DEED OF TRUST TO BE USED WITH THE ATTACHED “ADDENDUM TO DEED OF TRUST” ATTACHED THERETO.
ADDENDUM TO DEED OF TRUST
This Addendum to Deed of Trust is part of the Deed of Trust dated to which it is attached between GS VALHALLA, LP, a California limited partnership, as Trustor, and the CITY OF CRESCENT CITY, a municipal corporation, as Beneficiary of the Deed of Trust, together with this Addendum to Deed of Trust, are executed and delivered pursuant to and in furtherance of that certain Low- and Moderate- Income Housing Asset Fund Loan Agreement, dated _______________ (the “Loan Agreement”), between Trustor (as the Borrower) and Beneficiary (as the City), which provides in part for Beneficiary to lend $300,000 to Trustor, for acquisition and rehabilitation of an affordable housing project (the “Housing Project”) on the real property that is the subject of the Deed of Trust (“Property”), all as more fully set forth in the LMIHAF Loan Agreement.
Pursuant to the Loan Agreement, Trustor executed and delivered to Beneficiary a promissory note (the “Note”), in the principal amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) evidencing the Loan Amount. The following provisions are made a part of the Deed of Trust:
1. No Discrimination. The Trustor covenants by and for itself and any successors in interest 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 Property, nor shall the Trustor itself or any person claiming under or through it 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 Property. The foregoing covenants shall run with the land in perpetuity.
Notwithstanding the foregoing paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the foregoing paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above paragraph.
LMIHAF Loan Agreement Attachment No. 3 Page 2
2. Nondiscrimination Clauses. All deeds, leases or contracts made relative to the Property, the improvements thereon or any part thereof, shall contain or be subject to the nondiscrimination clauses set forth in California Health and Safety Code Section 33436.
3. Subordination. Beneficiary agrees that the terms and conditions of the Note and this Deed of Trust shall be subject to and subordinate to the terms and conditions of financing obtained by Trustor through a lender approved by Beneficiary for the development of the Housing Project pursuant to a subordination agreement executed by the Beneficiary and such lender, and any refinancing of such financing.
4. Default. Notwithstanding any other provisions in this Deed of Trust, the occurrence of any of the following shall constitute an event of default under the Note and this Deed of Trust, and a default may be declared under this Deed of Trust solely upon the occurrence of any of the following: (i) Any failure by Trustor to pay any amount due under the Note within fifteen (15) days of its due date; or (ii) Any default by Trustor under the terms of the Loan Agreement after expiration of applicable notice and cure periods; or (iii) Any sale or transfer of the Property or any portion thereof in violation of the provisions of the Loan Documents (as defined in the Loan Agreement); or (iv) Any other default by Trustor under the terms of the Affordable Housing Covenant provisions.
[SIGNATURE PAGE TO FOLLOW]
LMIHAF Loan Agreement Attachment No. 3 Page 3
Date: __________________
Date: __________________
TRUSTOR:
GS VALHALLA LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities, LLC, a
California Limited Liability Company, its sole
member
______________________________________
By: Raymond Junior, its Managing and Sole
Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
Date: _________________
BENEFICIARY:
CITY OF CRESCENT CITY, a California municipal
corporation
________________________________
By: Eric Wier, City Manager
ATTEST:
________________________________
Robin Altman, City Clerk
LMIHAF Loan Agreement Attachment No. 3 Page 4
STATE OF CALIFORNIA }
COUNTY OF _____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 3 Page 5
STATE OF CALIFORNIA }
COUNTY OF _____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 3 Page 6
STATE OF CALIFORNIA }
COUNTY OF _____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 4 Page 1
ATTACHMENT NO. 4
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
Exempt from Recording Fees Per Gov. Code Section 27383
TAX STATEMENTS: NO CHANGE Exempt from SB 2 Fees per Gov. Code § 27388.1(a)(2)(D) APN 118-020-027-000
AFFORDABLE HOUSING COVENANT
For valuable consideration, the receipt of which is hereby acknowledged, CITY OF CRESCENT CITY ("City"), acting in its capacity as the housing successor agency to the former Redevelopment Agency of the City of Crescent City, hereby agrees with GS VALHALLA, LP, a California limited partnership ("Owner"), with respect to that certain parcel of real property (the "Site") legally described on Exhibit A, that the Site and the residential units to be acquired and/or rehabilitated thereon (the "Housing Project") will be subject to the conditions, restrictions, reservations and rights of City specified below.
This Covenant is entered into pursuant to a Low- and Moderate- Income Housing Asset Fund Loan Agreement between the City and Owner (as Borrower) dated November ___, 2023 (the “Loan Agreement”). Pursuant to the Loan Agreement, the Owner executed a promissory note in favor of the City, in the amount of $300,000.00 (“Note”) to evidence the Low- and ModerateIncome Housing Asset Funds (LMIHAF) loaned to Owner for the acquisition and/or rehabilitation of 25 units by the Owner (“Assisted Units”). The Note is secured by a deed of trust recorded against the Site.
1. USE OF THE SITE. The Owner hereby covenants and agrees, for itself, its lessees, successors and assigns, as follows:
A. The City and Owner have executed this Agreement to assure the Assisted Units meet the requirements of California Health and Safety Code Sections 33334.3 and 34176.1(a), and remain affordable for fifty-five (55) years.
B. Rent and Income Restrictions. All 25 of the Assisted Units shall be rented to low-income households whose income does not exceed the limits set forth below ("Eligible Households"):
All of the Assisted Units shall be reserved for Eligible Households whose income does not exceed 50% of the area median income, as defined in LMIHAF Loan Agreement Attachment No. 4 Page 2
California Health and Safety Code Section 5009. Of these Assisted Units, at least 9 shall be reserved for households earning up to 30% of the AMI and another 9 shall be reserved for households earning up to 40% AMI.
These Assisted Units shall be available at rents that do not exceed 30% of 30% of AMI, or 30% of 40% of AMI, or 30% of 50% of AMI, as applicable, and, in each instance, adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937, less a utility allowance.
The maximum housing cost of the Eligible Households for the income level set forth above must comply with the regulations promulgated by the California Department of Housing and Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, governing the City's set aside housing fund.
For purposes of this Covenant:
"Area Median Income or AMI" shall mean the median income for households in Del Norte County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall provide the Owner with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD.
C. Reporting Requirements. Annual reports and annual income recertifications must be submitted to the City. The reports, at a minimum, shall include:
(1) The number of persons per unit
(2) Tenant name
(3) Initial occupancy date
(4) Rent paid per month
(5) Gross income per year
(6) Percent of rent paid in relation to income.
Such information shall be reported to the City pursuant to Health and Safety Code Section 33418, in substantially the form attached hereto as Exhibit B, or in a substantially equivalent format acceptable to the City.
Annual income recertifications shall also contain those documents used to certify eligibility. City may, from time to time during the term of this Covenant, request additional or different information and Owner shall promptly supply such information in the reports required hereunder. Owner shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by City with respect to all matters covered by this Covenant. Owner, at such time and in such forms as City may require, shall furnish to City statements, records, reports, data and information pertaining to matters LMIHAF Loan Agreement Attachment No. 4 Page 3
covered by this Covenant. Upon request for examination by City, Owner, at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Covenant. Owner shall permit City to audit, examine and make excerpts or transcripts from these records.
City acknowledges that Owner will be required to comply with certain reporting requirements as a condition to Owner’s tax credit financing. City hereby agrees that, so long as said reporting requirements remain in effect, and Owner fully complies with any such reporting requirements and provides a copy of all such reports to the City, Owner will be deemed to have complied with the reporting requirements under this Subsection C.
2. MAINTENANCE. The Owner and all successors in interest, agree that they shall maintain, or cause to be maintained, the Site in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code, and shall keep the entire Site reasonably free from any accumulation of debris or waste materials prior to and after construction.
If, at any time, Owner fails to maintain the Site, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of sixty (60) days from the date of written notice from City to Owner, City may perform the necessary corrective maintenance, and Owner shall pay such costs as are reasonably incurred for such maintenance. The City shall have the right to place a lien on the Site should Owner not reimburse City for such costs within sixty (60) days following City’s written demand to Owner for reimbursement of such costs. Owner, on behalf of itself its heirs, successors and assigns, hereby grants to City and its officers, employees and agents, an irrevocable license to enter upon the Site to perform such maintenance during normal business hours after receipt of written notice from City as hereinabove described and Owner’s failure to cure or remedy such failure within sixty (60) days of such notice. Any such entry shall be made only after reasonable notice to Owner, and City shall indemnify and hold Owner harmless from any claims or liabilities pertaining to any such entry by City.
Failure by Owner to maintain the Site in the condition provided in this Section 2 may, in City’s reasonable discretion, constitute a default under this Covenant.
3. NO TRANSFER. Except as expressly permitted by the Loan Documents (as defined in the Loan Agreement), the Owner shall not sell, transfer, convey, encumber, assign or lease the whole or any part of the Site without the prior approval of the City, which shall not be unreasonably withheld. Owner shall request approval by written notice at least ninety (90) days prior to any proposed transfer. This prohibition shall not be deemed to (i) prevent the granting of easements or permits to facilitate the development of the Site, (ii) prohibit or restrict the rental or leasing of units when the construction of the Housing Project is completed, or (iii) prohibit or restrict the grant and exercise of an option and/or right of first refusal to purchase the Site given by Owner to a general partner of Owner in accordance with the Owner’s Partnership Agreement on or around the expiration of the tax credit compliance period which shall not require the prior written approval of Owner, but Owner shall give notice of such transfer to City.
LMIHAF Loan Agreement Attachment No. 4 Page 4
4. MANAGEMENT. During the term of this Covenant, Owner shall promptly notify the City in the event there is any change in the property management company managing the Housing Project. The property management and maintenance agreement shall name the City as a third-party beneficiary permitting the City the right to enforce the Agreement. Owner 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 paragraph 4.
5. NO DISCRIMINATION. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Owner itself or any person claiming under or through it 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 Site.
6. NO IMPAIRMENT OF LIEN. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Covenant shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Owner to the Site shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
7. DURATION. The covenants contained in paragraph 1 of this Covenant 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 fifty-five (55) years following recordation of this Covenant.
8. SUCCESSORS AND ASSIGNS. The covenants contained in this Covenant shall be binding for the benefit of the City and its respective successors and assigns, third party beneficiaries, and any successor in interest to the Site or any part thereof, and such covenants shall run in favor of the City and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, and such aforementioned parties, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Covenant shall be for the benefit of and shall be enforceable only by the City, and its respective successors and assigns, third party beneficiaries, and such aforementioned parties.
9. SUBORDINATION. Upon written request by Owner, City shall agree that the terms and conditions of this Covenant shall be subject to and subordinate to the terms and conditions of financing obtained by Owner (and any refinancing of such financing), through a lender acceptable to the City (the "Lender") and upon terms and conditions reasonably approved LMIHAF Loan Agreement Attachment No. 4 Page 5
by the City, for construction or permanent financing for the Housing Project, to be secured by a lien against the Site.
10. SUPERSEDES PRIOR REGULATORY AGREEMENT. Upon recording in the Office of the County Recorder of Del Norte County, this Covenant shall supersede and replace in its entirety that Regulatory Agreement dated as of May 15, 2023, entered into by and between the City of Crescent City and Synergy Community Development Corporation, a California nonprofit public benefit corporation.
[SIGNATURE PAGE TO FOLLOW]
LMIHAF Loan Agreement Attachment No. 4 Page 6
IN WITNESS WHEREOF, the City and Owner have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, this _____ day of _________________, 20____.
OWNER:
GS VALHALLA LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities, LLC, a California
Limited Liability Company, its sole member
______________________________________
By: Raymond Junior, its Managing and Sole Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
CITY:
CITY OF CRESCENT CITY, a California municipal
corporation
________________________________
By: Eric Wier, City Manager
ATTEST:
________________________________
Robin Altman, City Clerk
LMIHAF Loan Agreement Attachment No. 4 Page 7
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 4 Page 8
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 4 Page 9
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 4 Page 10
EXHIBIT A
Legal Description of the Site
LMIHAF Loan Agreement Attachment No. 4 Page 11
EXHIBIT B
TENANT INCOME CERTIFICATION
Project: Date:
Affordable Unit: _____ 30% of AMI or _____ 40% of AMI or _____ 50% of AMI Address/Unit Number: Rent:
Tenant/Household Name: Date of Lease:
Size of Household: Expiration:
Total Household Income: per year
The following list includes each member of the household and their income. Attached are federal or state income tax returns for the most recent tax year, current stubs from paychecks or other evidence of the income of each income producing member of the household.
Name of
Household
Member Relationship Age
Social Security
Number
Annual
Income
Source of Income/
Name of Employer
I/We the undersigned have read and answered fully, frankly and personally each of the above questions under penalty of perjury and do hereby swear they are true.
Head of Household Date Owner/Owner's Agent Date
LMIHAF Loan Agreement Attachment No. 4 Page 12
CERTIFICATION OF CONTINUING COMPLIANCE
Project: Date:
Total Affordable Housing Units in Project:
Extremely Low-Income Units (not to
exceed 30% of Median Income):
Very Low-Income Units (not to
exceed 40% of Median Income):
Very-Low Income Units (not to
exceed 50% of Median Income):
The Owner, in accordance with the Affordable Housing Covenant with the City of Crescent City, dated does hereby certify that during the preceding year, the units identified on the following pages were occupied in accordance with the Affordable Housing Covenant and does hereby further certify that the representations set forth herein are true and correct to the best of the undersigned's knowledge.
Signed: Date:
Owner/Owner's Agent
[See Attached.]
LMIHAF Loan Agreement Attachment No. 4 Page 13
ANNUAL COMPLIANCE REPORT
Project: Date:
Very Low-Income Units (Not to Exceed 50% of Median Income) Unit No./Address
Type Tenant Name
Annual
Household
Income
Number in
Household
Monthly
Rent
(Attach additional sheets as required.)
Signed: Date:
Owner/Owner's Agent
LMIHAF Loan Agreement Attachment No. 4 Page 14
ANNUAL COMPLIANCE REPORT
Project: Date:
Very Low-Income Units (Not to Exceed 40% of Median Income) Unit No./Address
Type Tenant Name
Annual
Household
Income
Number in
Household
Monthly
Rent
(Attach additional sheets as required.)
Signed: Date:
Owner/Owner's Agent
LMIHAF Loan Agreement Attachment No. 4 Page 15
ANNUAL COMPLIANCE REPORT
Project: Date:
Extremely Low-Income Units (Not to Exceed 30% of Median Income) Unit No./Address
Type Tenant Name
Annual
Household
Income
Number in
Household
Monthly
Rent
(Attach additional sheets as required.)
Signed: Date:
Owner/Owner's Agent
LMIHAF Loan Agreement Attachment No. 5 Page 1
ATTACHMENT NO. 5
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
Exempt from Recording Fees Per Gov. Code Section 27383
TAX STATEMENTS: NO CHANGE Exempt from SB 2 Fees per Gov. Code § 27388.1(a)(2)(D) APN 118-020-027-000
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons, regarding affordable housing restrictions on the real property described in this Notice: Restrictions have been recorded with respect to the property described below (referred to in this Notice as the “Property”) which restrict the price and terms at which the Property may be sold or rented. These restrictions may limit the sales price or rents of the Property to an amount which is less than the fair market value of the Property. These restrictions also limit the income of persons and households who are permitted to purchase and rent the Property.
Title of Document Containing Affordable Housing Restrictions:
Affordable Housing Covenant (referred to in this Notice as the “Affordable Housing Restrictions”).
Parties to Affordable Housing Restrictions:
City of Crescent City (“City”) and
GS Valhalla, LP, a California limited partnership (“Owner”).
The Affordable Housing Restrictions are recorded:
concurrently with this Notice, in the official records of Del Norte County.
Legal Description of Property:
See Exhibit A (Attached hereto)
Street Address of Property:
911 Pacific Avenue, Crescent City, California.
Assessor’s Parcel Number of Property:
118-020-027-000
LMIHAF Loan Agreement Attachment No. 5 Page 2
Summary of Affordable Housing Restrictions:
o The Affordable Housing Restrictions restrict the income level of the tenant of the unit and the amount of rent which may be charged for the rental housing unit or units on the Property, as follows:
Twenty-Five (25) of the forty-five (45) residential units constructed on the Property shall be available to households whose income does not exceed 50% of the area median income, nine (9) of which shall be made available to households whose income does not exceed (30%) of the area median income, and another nine (9) of which shall be made available to households whose income does not exceed 40% of the area median income. These 25 units shall be available at rents that do not exceed 30% of 30% of AMI or 30% of 40% of AMI or 30% of 50% of AMI, as applicable and adjusted by Assumed Household Size, less a utility allowance.
“Area Median Income" shall mean the median income for households in Del Norte County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932.
o Term of Restrictions: 55 years, commencing on ___________________ and terminating on __________________.
This Notice does not contain a full description of the details of all of the terms and conditions of the Affordable Housing Restrictions. You will need to obtain and read the Affordable Housing Restrictions to fully understand the restrictions and requirements which apply to the Property. In the event of any conflict between the terms of this Notice and the terms of the Affordable Housing Restrictions, the terms of the Affordable Housing Restrictions shall control.
LMIHAF Loan Agreement Attachment No. 5 Page 3
This Notice is being recorded and filed in compliance with Health and Safety Code Section 33334.3(f)(3) and (4) and shall be indexed against the City and the current Owner of the Property.
IN WITNESS WHEREOF, the City and Owner have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, this _____ day of _________________, 20____.
OWNER:
GS VALHALLA LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities, LLC, a California
Limited Liability Company, its sole member
______________________________________
By: Raymond Junior, its Managing and Sole Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
CITY:
CITY OF CRESCENT CITY, a California municipal
corporation
________________________________
By: Eric Wier, City Manager
ATTEST:
________________________________
Robin Altman, City Clerk
LMIHAF Loan Agreement Attachment No. 5 Page 4
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 5 Page 5
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 5 Page 6
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 5 Page 7
EXHIBIT A
Legal Description of the Property
LMIHAF Loan Agreement Attachment No. 6 Page 1
ATTACHMENT NO. 6
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
Exempt from Recording Fees Per Gov. Code Section 27383
TAX STATEMENTS: NO CHANGE Exempt from SB 2 Fees per Gov. Code § 27388.1(a)(2)(D) APN 118-170-002-000
CERTIFICATE OF COMPLETION OF
CONSTRUCTION AND IMPROVEMENT
WHEREAS, the CITY OF CRESCENT CITY, a municipal corporation of the State of California (hereinafter referred to as the "City") and GS Valhalla, LP, a California limited partnership, ("Owner"), are parties to that certain Low- and Moderate- Income Housing Asset Fund Loan Agreement (“Loan Agreement”) dated ________________; and WHEREAS, pursuant to the Loan Agreement, the Owner has developed the Site (as defined therein) legally described in the attached Exhibit A (the "Site") by constructing, or causing to be constructed, all of the improvements required under the Loan Agreement; and WHEREAS, pursuant to Section 4.06 of the Loan Agreement, promptly after completion of construction and development of the improvements to be developed on the Site and upon the written request by the Owner, the City is required to furnish the Owner with a Certificate of Completion; and
WHEREAS, the issuance by the City of the Certificate of Completion shall be conclusive evidence that the Owner has complied with the terms of the Loan Agreement pertaining to construction and development of the improvements upon the Site; and WHEREAS, the Owner has requested that the City furnish the Owner with the Certificate of Completion for the Site; and
WHEREAS, the City has conclusively determined that construction of the improvements on the Site as required by the Loan Agreement has been satisfactorily completed.
NOW, THEREFORE:
1. As provided in the Loan Agreement, the City does hereby certify that construction of the improvements on the Site as required by the Loan Agreement have been fully and satisfactorily performed and completed.
LMIHAF Loan Agreement Attachment No. 6 Page 2
2. The Loan Agreement is of no further force and effect, with respect to the construction of the improvements to be constructed on the Site, and all rights, duties, obligations and liabilities of the City and the Owner thereunder with respect to such construction shall cease to exist. Any continuing and existing rights, duties, obligations and liabilities of the City and Owner, and its successors and assigns pertaining to the Site, are provided in the in the Note and Deed of Trust, and the Affordable Housing Covenant recorded against the Site as provided for under and pursuant to the Loan Agreement.
3. This Certificate of Completion shall not be deemed or construed to constitute evidence of compliance with or satisfaction of any obligation of the Owner to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction of the improvements on the Site. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code.
IN WITNESS WHEREOF, the City has executed this Certificate of Completion as of this _____ day of _______________, _________,
CITY OF CRESCENT CITY ("City")
By: Eric Wier, City Manager
ATTEST:
____________________________________
Robin Altman, City Clerk
LMIHAF Loan Agreement Attachment No. 6 Page 3
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 6 Page 4
EXHIBIT A
LEGAL DESCRIPTION OF THE SITE
KP&E Draft – November 13, 2023
WHEN RECORDED MAIL TO:
Citibank, N.A.
Transaction and Asset Management Group/Post Closing
Citi Community Capital
3800 Citibank Center
Tampa, FL 33610
Re: Valhalla Townhomes Deal ID No. 50009721
SUBORDINATION AND INTERCREDITOR AGREEMENT
(CRESCENT CITY LOAN)
Subordination and Intercreditor Agreement (Crescent City Loan) Valhalla Townhomes
SUBORDINATION AND INTERCREDITOR GREEMENT
(CRESCENT CITY LOAN)
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this
“Agreement”) dated as of December 1, 2023, is made by and between the CITY OF CRESCENT CITY, a California municipal corporation (“Junior Lender”) and CITIBANK, N.A., a national banking association (“Senior Lender”) and acknowledged by GS VALHALLA, LP, a California limited partnership (“Borrower”). The date of this Agreement as set forth above is for reference purposes only, and this Agreement will not be effective and binding until the Closing Date (as defined in the Borrower Loan Agreement).
RECITALS:
A. Borrower has applied to the California Municipal Finance Authority, a joint exercise of powers authority duly organized and existing under the laws of the State of California (“Governmental Lender”), for a loan (the “Senior Loan”) for the acquisition, construction, rehabilitation, development, equipping and/or operation of a 45-unit multifamily residential project located in the City of Crescent City, County of Del Norte, State of California, known as Valhalla Townhomes (the “Property”).
B. The Senior Loan is evidenced by (i) that certain Multifamily Note (Fixed Rate), dated the Closing Date, in the original principal amount of $[FIXED RATE LOAN AMOUNT] made by Borrower payable to the order of Governmental Lender (the “Fixed Rate Note”), (ii) that certain Multifamily Note (Variable Rate), dated the Closing Date, in the maximum principal amount of $[VARIABLE RATE LOAN AMOUNT] made by Borrower payable to the order of Governmental Lender (the “Variable Rate Note” and, together with the Fixed Rate Note, the “Senior Note”) and (iii) that certain Borrower Loan Agreement, dated as of the date hereof, by and between Borrower and Governmental Lender (the “Borrower Loan Agreement”).
C. The Senior Loan is secured by, among other things, that certain Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, dated as of the date hereof, executed by Borrower for the benefit of Governmental Lender (as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented, “Senior Security Instrument”), which Senior Security Instrument recorded concurrently herewith in the Clerk/Recorder’s Office of County of Del Norte, State of California (“Official Records”) encumbers the Property.
D. Borrower requested that Senior Lender enter into that certain Funding Loan Agreement, dated as of the date hereof, by and between Governmental Lender and Senior Lender, pursuant to which Senior Lender will make a loan to Governmental Lender (the “Funding Loan”), the proceeds of which will be used to make the Senior Loan to Borrower pursuant to the Borrower Loan Agreement.
E. The Senior Note, the Senior Security Instrument and the Borrower Loan Agreement have each been assigned by Governmental Lender to Senior Lender to secure the Subordination and Intercreditor Agreement (Crescent City Loan) 2 Valhalla Townhomes Funding Loan. The Borrower and Senior Lender have entered into that certain Construction Funding Agreement dated as of the date hereof (the “Construction Funding Agreement”) regarding the manner in which the improvements at the Property will be completed and paid for.
F. Junior Lender is making a loan (the “Junior Loan”) to Borrower in the original principal amount of $300,000, which Junior Loan is evidenced by a certain Note dated December [__], 2023, made by Borrower to Junior Lender (the “Junior Note”) and secured by the Junior Security Instrument (as hereinafter defined) encumbering the Property, and will be advanced to Borrower pursuant to that certain Low- and Moderate- Income Housing Asset Fund Loan Agreement (the “Junior Loan Agreement”) dated as of December [__], 2023, between Borrower and Junior Lender.
G. As a condition to the making of the Senior Loan, Senior Lender requires that Junior Lender execute and deliver this Agreement prior to the making of the Junior Loan and the granting of the Junior Security Instrument by Borrower.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the making of the Senior Loan and to induce Senior Lender to consent to the Junior Loan and the Junior Security Instrument, Junior Lender hereby agrees as follows:
1. Definitions. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed thereto in the Senior Security Instrument. As used in this Agreement, the terms set forth below shall have the respective meanings indicated:
“Bankruptcy Proceeding” means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. “Casualty” means the occurrence of damage to or loss of any of the Property by fire or other casualty.
“Condemnation” means any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Property, whether direct or indirect. “Enforcement Action” means any exercise of any of Junior Lender’s remedies under the Junior Security Instrument or any of the other Junior Loan Documents, including, without limitation, any of the following: (i) the acceleration of all or any part of the Junior Indebtedness, (ii) the commencement of any judicial or non-judicial action or proceeding to enforce any obligation of Borrower under any of the Junior Loan Documents, collect any monies payable to Borrower or have a receiver appointed to collect any monies payable to Borrower, or foreclose the lien(s) created by the Junior Security Instrument, (iii) the filing or joining in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower, (iv) the advertising of or commencement of any foreclosure or trustee’s sale proceedings, (v) the exercise of any power of sale, (vi) the acceptance of a deed or assignment in lieu of foreclosure or sale, (vii) the collecting of Rents, Subordination and Intercreditor Agreement (Crescent City Loan) 3 Valhalla Townhomes (viii) the obtaining of or seeking of the appointment of a receiver, (ix) the seeking of default interest, (x) the taking of possession or control of any of the Property, (xi) the commencement of any suit or other legal, administrative, or arbitration proceeding based upon the Junior Note or any other of the Junior Loan Documents, (xii) the exercising of any banker’s lien or rights of setoff or recoupment, or (xiii) the taking of any other enforcement action against Borrower, any other party liable for any of the Junior Indebtedness or obligated under any of the Junior Loan Documents, or the Property.
“Enforcement Action Notice” means a written notice from Junior Lender to Senior Lender, given following a Junior Loan Default and the expiration of any notice or cure periods provided for such Junior Loan Default in the Junior Loan Documents, setting forth in reasonable detail the Enforcement Action proposed to be taken by Junior Lender. “Junior Indebtedness” means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Junior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. “Junior Loan Default” means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an “Event of Default” as defined in the Junior Security Instrument. “Junior Loan Documents” means, collectively, the Junior Note, the Junior Security Instrument, the Junior Loan Agreement, that certain Affordable Housing Covenant, dated December [__], 2023, by and between Junior Lender and Borrower, and all other documents evidencing, securing or delivered in connection with the Junior Loan, all of which are listed on Exhibit B attached hereto, together with such modifications, amendments and supplements thereto as are approved in writing by Senior Lender prior to their execution. “Junior Security Instrument” means that certain Deed of Trust [and Assignment of Rents] dated December [__], 2023, made by Borrower for the benefit of Junior Lender, as the same may from time to time be extended, consolidated, substituted for, modified, amended or supplemented upon receipt of the consent of Senior Lender. “Loan Agreement” means that certain Construction Funding Agreement, dated as of the date hereof, by and between Borrower and Senior Lender relating to the Senior Loan. “Loss Proceeds” means all monies received or to be received under any insurance policy, from any condemning authority, or from any other source, as a result of any Condemnation or Casualty.
“Property” means (i) the land and improvements known or to be known as Valhalla Townhomes, located in the City of Crescent City, Del Norte County, California, which Property is more particularly described on Exhibit A attached hereto, and (ii) all furniture, fixtures and equipment located at such apartments and other property, accounts, deposits and rights and interests of Borrower encumbered by the Senior Security Instrument and/or the other Senior Loan Documents.
Subordination and Intercreditor Agreement (Crescent City Loan) 4 Valhalla Townhomes “Senior Indebtedness” means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Senior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. “Senior Loan Default” means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an “Event of Default” as defined in the Senior Security Instrument. “Senior Loan Documents” means, collectively, the Senior Security Instrument, the Senior Note, the Borrower Loan Agreement and all of the other documents, instruments and agreements now or hereafter evidencing, securing or otherwise executed in connection with the Senior Loan, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented in accordance with the provisions of this Agreement.
2. Junior Loan and Junior Loan Documents are Subordinate; Acts by Senior Lender do not Affect Subordination.
(a) Junior Lender hereby covenants and agrees on behalf of itself and its successors and permitted assigns that the Junior Indebtedness is and shall at all times continue to be, subordinate, subject and inferior (in payment and priority) to the prior payment in full of the Senior Indebtedness, and that the liens, rights, payment interests, priority interests and security interests granted to Junior Lender in connection with the Junior Loan and under the Junior Loan Documents are, and are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights, payment, priority and security interests granted to Senior Lender under the Senior Loan and the Senior Loan Documents and the terms, covenants, conditions, operations and effects thereof.
(b) Except as expressly set forth herein, repayment of the Junior Indebtedness, is and shall be postponed and subordinated to repayment in full of the Senior Loan. Prior to a Senior Loan Default (regardless of whether such Senior Loan Default occurs prior to or during the pendency of a Bankruptcy Proceeding), Junior Lender shall be entitled to receive and retain payments made pursuant to and in accordance with the terms of the Junior Loan Documents; provided, however, that no such payment is made more than ten (10) days in advance of the due date thereof. Junior Lender agrees that from and after such time as it has received from either Senior Lender or Borrower written notice that a Senior Loan Default then exists (which has not been expressly waived in writing by Senior Lender) or otherwise has actual knowledge of such a Senior Loan Default, Junior Lender shall not receive or accept any payments under the Junior Loan. If (i) Junior Lender receives any payment, property, or asset of any kind or in any form on account of the Junior Indebtedness (including, without limitation, any proceeds from any Enforcement Action) after a Senior Loan Default of which Junior Lender has actual knowledge or has been given notice of, or (ii) Junior Lender receives, voluntarily or involuntarily, by operation of law or otherwise, any payment, property, or asset in or in connection with any Bankruptcy Proceeding, such payment, property, or asset will be received and held in trust for Senior Lender. Junior Lender will promptly remit, in kind and properly endorsed as necessary, all such payments, properties, and assets to Senior Subordination and Intercreditor Agreement (Crescent City Loan) 5 Valhalla Townhomes Lender. Senior Lender shall apply any payment, asset, or property so received from Junior Lender to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Lender shall determine in its sole and absolute discretion.
(c) Without limiting the complete subordination of the Junior Indebtedness to the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any payment or distribution (whether in cash, property, securities, or otherwise) to creditors (i) the Senior Indebtedness shall first be paid in full in cash before Junior Lender shall be entitled to receive any payment or other distribution on account of or in respect of the Junior Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cash, any payment or distribution to which Junior Lender would be entitled but for this Agreement (whether in cash, property, or other assets) shall be made to Senior Lender. (d) The subordination of the Junior Indebtedness shall continue in the event that any payment under the Senior Loan Documents (whether by or on behalf of Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is for any reason repaid or returned to Borrower or its insolvent estate, or avoided, set aside or required to be paid to Borrower, a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law. In such event, the Senior Indebtedness or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding to the extent of any repayment, return, or other action, as if such payment on account of the Senior Indebtedness had not been made. (e) The subordination of the Junior Loan Documents and of the Junior Indebtedness shall apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of the Senior Security Instrument and other Senior Loan Documents and of the Junior Security Instrument and other Junior Loan Documents, and (ii) the availability of any collateral to Senior Lender, including the availability of any collateral other than the Property. (f) By reason of, and without in any way limiting, the full subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, all rights and claims of Junior Lender under the Junior Security Instrument or under the Junior Loan Documents in or to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto, are expressly subject and subordinate in all respects to the rights and claims of Senior Lender under the Senior Loan Documents in and to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto. (g) If Junior Lender, by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any of the Property, that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Junior Indebtedness and the Junior Loan Documents are subordinate pursuant to this Agreement.
Subordination and Intercreditor Agreement (Crescent City Loan) 6 Valhalla Townhomes (h) In confirmation, and not as a condition, of the subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, Junior Lender shall place on or attach to the Junior Note a notice to the following effect, and shall provide Senior Lender with a copy of the Junior Note showing such notice:
“The indebtedness secured by this Note is and shall be subordinate in right of payment to the prior payment in full of all amounts then due and payable (including, but not limited to, all amounts due and payable by virtue of any default or acceleration or upon maturity) with respect to the indebtedness evidenced by the Note (as defined by that certain Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing by the Borrower in favor of California Municipal Finance Authority, a joint exercise of powers authority duly organized and existing under the laws of the State of California (“Governmental Lender”) and assigned to Citibank, N.A. (“Citi”)), in the original aggregate maximum principal amount of $[_____________], executed by Borrower and payable to Governmental Lender and assigned to Citi, to the extent and in the manner provided in that certain Subordination and Intercreditor Agreement, dated as of December 1, 2023, between Senior Lender and the holder of this Note (the “Subordination Agreement”). The rights and remedies of the payee and each subsequent holder of this Note shall be deemed, by virtue of such holder’s acquisition of this Note, to have agreed to perform and observe all of the terms, covenants and conditions to be performed or observed by the “Junior Lender” under the Subordination Agreement.”
(i) Junior Lender hereby acknowledges and agrees that Senior Lender may, without the consent or approval of Junior Lender, agree with Borrower to extend, consolidate, modify, increase or amend any or all the Senior Loan Documents and otherwise act or fail to act with respect to any matter set forth in any Senior Loan Document (including, without limitation, the exercise of any rights or remedies, waiver, forbearance or delay in enforcing any rights or remedies, the declaration of acceleration, the declaration of defaults or events of default, the release, in whole or in part, of any collateral or other property, and any consent, approval or waiver), and all such extensions, consolidations, modifications, amendments acts and omissions shall not release, impair or otherwise affect Junior Lender’s obligations and agreements hereunder.
3. Junior Lender Agreements.
(a) Without the prior written consent of Senior Lender in each instance, Junior Lender shall not (i) amend, modify, waive, extend, renew or replace any provision of any of the Junior Loan Documents, or (ii) pledge, assign, transfer, convey, or sell any interest in the Junior Indebtedness or any of the Junior Loan Documents; or (iii) accept any payment on account of the Junior Indebtedness other than a regularly scheduled payment of interest or principal and interest made not earlier than ten (10) days prior to the due date thereof; or (iv) take any action which has the effect of increasing the Junior Indebtedness; or (v) appear in, defend or bring any action in connection with the Subordination and Intercreditor Agreement (Crescent City Loan) 7 Valhalla Townhomes Property; or (vi) take any action concerning environmental matters affecting the Property.
Regardless of any contrary provision in the Junior Loan Documents, Junior Lender shall not collect payments for the purpose of escrowing for any cost or expense related to the Property or for any portion of the Junior Indebtedness. (b) Junior Lender hereby agrees that Senior Lender may, at its option (but without any obligation to do so), at any time (including during the pendency of a Bankruptcy Proceeding), purchase the Junior Loan at par (and without liability for any prepayment premiums or liquidated damages set forth in the Junior Loan Documents).
Such transfer and assignment of the Junior Loan shall be without representation or recourse, except that Junior Lender shall represent that it is the sole holder of the Junior Loan, that it has authority to assign and convey the Junior Loan Documents, that, to the best of its knowledge, there are no defaults or breaches under the Junior Loan Documents, and as to the total amount then outstanding under the Junior Loan. . Junior Lender shall give Senior Lender a concurrent copy of each notice of a Junior Loan Default, Enforcement Action Notice or other material notice given by Junior Lender under the Junior Loan Documents. Notwithstanding any contrary provision in the Junior Loan Documents, Senior Lender shall have the right, but shall not have any obligation, to cure any Junior Loan Default until ninety (90) days following Senior Lender’s receipt of an Enforcement Action Notice given by Junior Lender as a consequence of the Junior Loan Default. Senior Lender shall not be subrogated to the rights of Junior Lender under the Junior Loan Documents by reason of Senior Lender having cured any Junior Loan Default. However, Junior Lender acknowledges that all amounts advanced or expended by Senior Lender to cure a Junior Loan Default shall be added to and become a part of the Senior Indebtedness pursuant to the terms of the Senior Security Instrument. (c) In the event and to the extent that each of Senior Lender and Junior Lender have under their respective loan documents certain approval or consent rights over the same subject matters (regardless of whether the obligations or rights are identical or substantially identical), Junior Lender agrees that Senior Lender shall exercise such approval rights on behalf of both Senior Lender and Junior Lender, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby. Without limiting the generality of the foregoing, Senior Lender shall have all approval, consent and oversight rights in connection with any insurance claims relating to the Property, any decisions regarding the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or firing of property managers, or otherwise related in any way to the Property, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby.
(d) Junior Lender agrees that in any action commenced to enforce the obligation of Borrower to pay any portion of the Junior Indebtedness, the judgment shall not be enforceable personally against Borrower or Borrower’s assets, and the recourse of Junior Lender for the collection of the Junior Indebtedness shall be limited to actions against the Property and the rents, profits, issues, products, and income from the Property.
Subordination and Intercreditor Agreement (Crescent City Loan) 8 Valhalla Townhomes (e) Junior Lender shall not commence or join with any other creditor in commencing any Bankruptcy Proceeding involving Borrower, and Junior Lender shall not initiate and shall not be a party to any action, motion or request, in a Bankruptcy Proceeding involving any other person or entity, which seeks the consolidation of some or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding the covenant in the first sentence of this clause) the assets or interests of Borrower are consolidated, then in either event, the Senior Loan shall first be paid in full before Junior Lender shall be entitled to receive and retain any payment or distribution in respect to the Junior Loan. Junior Lender agrees that (i) Senior Lender shall receive all payments and distributions of every kind or character in respect of the Junior Loan to which Junior Lender would otherwise be entitled, but for the subordination provisions of this Agreement (including without limitation, any payments or distributions during the pendency of a Bankruptcy Proceeding involving Borrower or the Property), and (ii) the subordination of the Junior Loan and the Junior Loan Documents shall not be affected in any way by Senior Lender electing, under Section 1111(b) of the federal bankruptcy code, to have its claim treated as being a fully secured claim. In addition, Junior Lender hereby covenants and agrees that, in connection with a Bankruptcy Proceeding involving Borrower, neither Junior Lender nor any of its affiliates shall (i) make or participate in a loan facility to or for the benefit of Borrower on a basis that is senior to or pari passu with the liens and interests held by Senior Lender pursuant to the Senior Loan Documents, (ii) not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior Lender has also voted affirmatively in favor of such plan, and (iii) not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. Junior Lender shall execute and deliver to Senior Lender powers of attorney, assignments or other instruments as may be requested by Senior Lender in order to enable it to exercise the above-described authority or powers with respect to any or all of the Junior Loan Documents, and to collect and receive any and all payments or distributions which may be payable or deliverable at any time upon or with respect to any of the Junior Loan Documents to Junior Lender.
(f) Junior Lender covenants and agrees that the effectiveness of this Agreement and the rights of Senior Lender hereunder shall be in no way impaired, affected, diminished or released by any renewal or extension of the time of payment of the Senior Loan, by any delay, forbearance, failure, neglect or refusal of Senior Lender in enforcing payment thereof or in enforcing the lien of or attempting to realize upon the Senior Loan Documents or any other security which may have been given or may hereafter be given for the Senior Loan, by any waiver or failure to exercise any right or remedy under the Senior Loan Documents, or by any other act or failure to act by Senior Lender. Junior Lender acknowledges that Senior Lender, at its sole option, may release all or any portion of the Property from the lien of the Senior Security Instrument, and may release or waive any guaranty, surety or indemnity providing additional collateral to Senior Lender, and Junior Lender hereby waives any legal or equitable right in respect of marshaling it might have, in connection with any release of all or any portion of the Subordination and Intercreditor Agreement (Crescent City Loan) 9 Valhalla Townhomes Property by Senior Lender, to require the separate sales of any portion of the Property or to require Senior Lender to exhaust its remedies against any portion of the Property or any other collateral before proceeding against any other portion of the Property or other collateral (including guarantees) for the Senior Loan. Senior Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Junior Lender.
At any time or from time to time and any number of times, without notice to Junior Lender and without affecting the liability of Junior Lender, (a) the time for payment of the Senior Indebtedness may be extended or the Senior Indebtedness may be renewed in whole or in part; (b) the time for Borrower’s performance of or compliance with any covenant or agreement contained in the Senior Loan Documents, whether presently existing or hereinafter entered into, may be extended or such performance or compliance may be waived; (c) the maturity of the Senior Indebtedness may be accelerated as provided in the Senior Loan Documents; (d) any Senior Loan Document may be extended, consolidated, modified or amended by Senior Lender and Borrower in any respect, including, but not limited to, an increase in the principal amount; and (e) any security for the Senior Indebtedness may be modified, exchanged, surrendered or otherwise dealt with or additional security may be pledged or mortgaged for the Senior Indebtedness. If, after the occurrence of a Senior Loan Default, Senior Lender acquires title to any of the Property pursuant to a mortgage foreclosure conducted in accordance with applicable law, the lien, operation, and effect of the Junior Security Instrument and other Junior Loan Documents automatically shall terminate with respect to such Property upon Senior Lender’s acquisition of title.
(g) Junior Lender acknowledges that it entered into the transactions contemplated by the Junior Loan Documents and made the Junior Loan to Borrower without reliance upon any information or advice from Senior Lender. Junior Lender made its own underwriting analysis in connection with the Junior Loan, its own credit review of Borrower, and investigated all matters pertinent, in Junior Lender’s judgment, to its determination to make the Junior Loan to Borrower. Junior Lender acknowledges that it is a sophisticated, experienced commercial lender, and was represented by competent counsel in connection with this Agreement.
(h) Junior Lender hereby represents and warrants that, as of the date hereof, the entire proceeds of the Junior Loan have been disbursed to Borrower. Junior Lender hereby further represents and warrants that: (i) Junior Lender is now the owner and holder of the Junior Loan Documents; (ii) the Junior Loan Documents are now in full force and effect; (iii) the Junior Loan Documents have not been modified or amended; (iv) no default or event which, with the passing of time or giving of notice would constitute a default, under the Junior Loan Documents has occurred; (v) the current outstanding principal balance of the Junior Indebtedness is $[SUBORDINATE LOAN AMOUNT]; (vi) no scheduled monthly payments under the Junior Loan Documents have been or will be prepaid except with the prior written consent of Senior Lender; (vii) none of the rights of Junior Lender under any of the Junior Loan Documents are subject to the rights of any third parties, by way of subrogation, indemnification or otherwise; and (viii) there are no other Junior Loan Documents other than those listed on Exhibit B Subordination and Intercreditor Agreement (Crescent City Loan) 10 Valhalla Townhomes hereto. Borrower further represents and warrants that it has provided to Senior Lender a true, complete, and correct copy of all the Junior Loan Documents. (i) Junior Lender hereby agrees that notwithstanding anything to the contrary in the Junior Loan Documents, for so long as the Senior Loan is outstanding, (i) the maturity date of the Junior Note shall occur no earlier than ninety (90) days after the maturity date of the Senior Note, and (ii) Borrower shall not be obligated to pay more than seventy five percent (75%) of Excess Cash Flow (as defined herein) in payments under the Junior Note and under other debt subordinate to the Senior Loan. For the purposes hereof, the following definitions shall apply:
“Excess Cash Flow” shall mean, for any period, Gross Revenues for such period less the sum of (i) Expenses of the Property for such period, and (ii) without duplication, all amounts due on the Senior Loan Obligations for such period. “Expenses of the Property” shall mean, for any period, the current expenses, paid or accrued, of operation, maintenance and current repair of the Property, as calculated in accordance with GAAP, and shall include, without limiting the generality of the foregoing, salaries, wages, employee benefits, cost of materials and supplies, costs of routine repairs, renewals, replacements and alterations occurring in the usual course of business, costs and expenses properly designated as capital expenditures (e.g. repairs which would not be payable from amounts on deposit in a repair and replacement fund held pursuant to the Loan Documents), a management fee (however characterized) not to exceed [___]% of Gross Revenues, costs of billings and collections, costs of insurance, and costs of audits. Expenses of the Property shall not include any payments, however characterized, on account of the Junior Loan or any other subordinate financing in respect of the Property or other indebtedness, allowance for depreciation, amortization or other non-cash items, gains and losses or prepaid expenses not customarily prepaid. “Gross Revenues” shall mean all receipts, revenues, income and other moneys received by or on behalf of Borrower and derived from the ownership or operation of the Property, and all rights to receive the same, whether in the form of accounts, accounts receivable, contract rights or other rights, and the proceeds of such rights, and whether now owned or held or hereafter coming into existence and proceeds received upon the foreclosure sale of the Property. Gross Revenues shall not include loan proceeds, equity or capital contributions, or tenant security deposits being held by Borrower in accordance with the applicable law.
“Senior Loan Obligations” shall mean and includes, collectively, and without limitation, each of the following: (A) all debt service payments due on the Senior Indebtedness, (B) all obligations of Borrower under the Senior Loan Documents, (C) all capital expenditures required for the proper maintenance of the Property in accordance with the Senior Loan Documents, as calculated by Borrower in accordance with customarily accepted cash basis accounting principles, consistently applied, and in accordance with the terms of the Senior Loan Documents; (D) all amounts required to be deposited into any replacement reserve, completion/repair reserve, operating deficit reserve, principal repayment reserve, replacement hedge reserve or other reserve or Subordination and Intercreditor Agreement (Crescent City Loan) 11 Valhalla Townhomes escrow established or required by Senior Lender or Servicer in connection with the Senior Loan and the Senior Loan Documents, including the Senior Security Instrument, and (E) all fees, costs and expenses of Senior Lender and Servicer in connection with the Senior Loan.
4. Standstill Agreement; Right to Cure Senior Loan Default. (a) Until such time as any of the Senior Indebtedness has been repaid in full and the Senior Security Instrument has been released and discharged, Junior Lender shall not without the prior written consent of Senior Lender, which may be withheld in Senior Lender’s sole and absolute discretion, take any Enforcement Action, including, without limitation, (i) accelerate the Junior Loan, (ii) exercise any of Junior Lender’s remedies under the Junior Security Instrument or any of the other Junior Loan Documents (including, without limitation, the commencement of any judicial or non-judicial action or proceeding (a) to enforce any obligation of Borrower under any of the Junior Loan Documents, (b) to collect any monies payable to Borrower, (c) to have a receiver appointed to collect any monies payable to Borrower; or (d) to foreclose the lien(s) created by the Junior Security Instrument) or (iii) file or join in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower; provided, however, that such limitation on the remedies of Junior Lender shall not derogate or otherwise limit Junior Lender’s rights, following an event of default under the Junior Loan Documents to (a) compute interest on all amounts due and payable under the Junior Loan at the default rate described in the Junior Loan Documents, (b) compute prepayment premiums and late charges, and (c) enforce against any person, other than Borrower and any guarantors or indemnitors under the Senior Loan Documents, any guaranty of the obligations of Borrower under the Junior Loan.
(b) Senior Lender shall, simultaneously with the sending of any notice of a Senior Loan Default to Borrower, send to Junior Lender a copy of said notice under the Senior Loan Documents; provided, however, failure to do so shall not affect the validity of such notice or any obligation of Borrower to Senior Lender and shall not affect the relative priorities between the Senior Loan and the Junior Loan as set forth herein.
Borrower covenants and agrees to forward to Junior Lender, within three (3) business days of Borrower’s receipt thereof, a copy of any notice of a Senior Loan Default Borrower receives from Senior Lender.
(c) Junior Lender shall have the right, but shall have no obligation, to cure any Senior Loan Default; provided, if Junior Lender shall elect to cure any such Default, it shall so notify Senior Lender and shall commence and complete such curing within any applicable notice or grace period, if any, as Borrower is permitted by the terms of the Senior Loan Documents to cure such Senior Loan Default. Junior Lender shall not be subrogated to the rights of Senior Lender under the Senior Loan Documents by reason of Junior Lender having cured any Senior Loan Default. However, Senior Lender acknowledges that, to the extent so provided in the Junior Loan Documents, amounts advanced or expended by Junior Lender to cure a Senior Loan Default may be added to and become a part of the Junior Indebtedness.
Subordination and Intercreditor Agreement (Crescent City Loan) 12 Valhalla Townhomes (d) Junior Lender agrees that, notwithstanding any contrary provision contained in the Junior Loan Documents, a Senior Loan Default shall not constitute a default under the Junior Loan Documents if no other default occurred under the Junior Loan Documents.
(e) Junior Lender acknowledges that any conveyance or other transfer of title to the Property pursuant to a foreclosure of the Junior Security Instrument (including a conveyance or other transfer of title pursuant to the exercise of a power of sale contained in the Junior Security Instrument), or any deed or assignment in lieu of foreclosure or similar arrangement, shall be subject to the transfer provisions of the Senior Loan Documents; and the person (including Junior Lender) who acquires title to the Property pursuant to the foreclosure proceeding (or pursuant to the exercise of a power of sale contained in the Junior Security Instrument) shall not be deemed to be automatically approved by Senior Lender.
5. Insurance. Junior Lender agrees that all original policies of insurance required pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding sentence shall not preclude Junior Lender from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Security Instrument, or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Property.
6. Default. Junior Lender and Borrower acknowledge and agree that a default by either such party under this Agreement shall, at the sole option of Senior Lender, constitute a default under the Senior Loan Documents. Each party hereto acknowledges that in the event any party fails to comply with its obligations hereunder, the other parties shall have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder.
7. Enforcement Costs. Borrower and Junior Lender agree to reimburse Senior Lender for any and all costs and expenses (including reasonable attorneys’ fees) incurred by Senior Lender in connection with enforcing its rights against Junior Lender under this Agreement.
8. Notices. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given and shall be effective only if it is in writing and (i) delivered personally, (ii) mailed, postage prepaid, by United State registered or certified mail, return receipts requested, (iii) delivered by overnight express courier or (iv) sent by telecopier, in each instance addressed as follows:
Subordination and Intercreditor Agreement (Crescent City Loan) 13 Valhalla Townhomes To Junior Lender: City of Crescent City
377 J Street
Crescent City, California 95531
Attention: City Manager
If to Senior Lender: Citibank, N.A.
388 Greenwich Street, Trading 4th Floor
New York, New York 10013
Attention: Transaction and Asset Management Group
Re: Valhalla Townhomes Deal ID No. 50009721
Facsimile: (212) 723-8209
With a copy to: Citibank, N.A.
325 East Hillcrest Drive, Suite 160
Thousand Oaks, California 91360
Attention: Operations Manager/Asset Manager
Re: Valhalla Townhomes Deal ID No. 50009721
Facsimile: (805) 557-0924
Prior to the Conversion
Date, with a copy to:
Citibank, N.A.
388 Greenwich Street, Trading 4th Floor
New York, New York 10013
Attention: Account Specialist
Re: Valhalla Townhomes Deal ID No. 50009721
Facsimile: (212) 723-8209
Following the Conversion
Date, with a copy to:
Citibank, N.A.
c/o Berkadia Commercial Servicing Department
323 Norristown Road, Suite 300
Ambler, Pennsylvania 19002
Attention: Client Relations Manager
Re: Valhalla Townhomes Deal ID No. 50009721
Facsimile: (215) 328-0305
And a copy of any notices
of default sent to:
Citibank, N.A.
388 Greenwich Street, 17th Floor
New York, New York 10013
Attention: General Counsel’s Office
Re: Valhalla Townhomes Deal ID No. 50009721
Facsimile: (646) 291-5754
or at such other addresses or to the attention of such other persons as may from time to time be designated by the party to be addressed by written notice to the other in the manner herein provided. Notices, demands and requests given in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder when received or when delivery is refused or when the same are returned to sender for failure to be called for.
Subordination and Intercreditor Agreement (Crescent City Loan) 14 Valhalla Townhomes
9. WAIVER OF TRIAL BY JURY. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO (A)
COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO
ANY ISSUE ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN
THE PARTIES THAT IS TRIABLE OF RIGHT BY A JURY AND (B) WAIVES ANY RIGHT
TO TRIAL BY JURY WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS WAIVER OF RIGHT TO TRIAL
BY JURY IS SEPARATELY GIVEN BY EACH PARTY, KNOWINGLY AND VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL. IF FOR ANY
REASON THIS WAIVER IS DEEMED TO BE UNENFORCEABLE, ALL SUCH DISPUTES
SHALL BE RESOLVED BY JUDICIAL REFERENCE PURSUANT TO THE PROVISIONS OF SECTION 43(J) OF THE SENIOR SECURITY INSTRUMENT.
10. Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the Senior Loan Documents; (ii) the payment of all of the principal of, interest on and other amounts payable under the Junior Loan Documents, other than by reason of payments which Junior Lender is obligated to remit to Senior Lender pursuant to the terms hereof; (iii) the acquisition by Senior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale contained in) the Senior Security Instrument; or (iv) the acquisition by Junior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale contained in) the Junior Security Instrument, but only if such acquisition of title does not violate any of the terms of this Agreement.
11. Miscellaneous.
(a) Junior Lender shall, within ten (10) business days following a request from Senior Lender, provide Senior Lender with a written statement setting forth the then current outstanding principal balance of the Junior Loan, the aggregate accrued and unpaid interest under the Junior Loan, and stating whether, to the knowledge of Junior Lender, any default or event of default exists under the Junior Loan, and containing such other information with respect to the Junior Indebtedness as Senior Lender may require.
Upon notice from Senior Lender from time to time, Junior Lender shall execute and deliver such additional instruments and documents, and shall take such actions, as are required by Senior Lender in order to further evidence or effectuate the provisions and intent of this Agreement.
(b) This Agreement shall bind and inure to the benefit of all successors and assigns of Junior Lender and Senior Lender. Senior Lender may assign its interest in the Senior Loan Documents without notice to or consent of Junior Lender. Junior Lender may only assign its rights and interests hereunder following the prior written consent of Senior Lender, which consent may be withheld or conditioned in its sole and absolute discretion.
(c) Senior Lender hereby consents to the Junior Loan and the Junior Loan Documents; provided, however, that this Agreement does not constitute an approval by Subordination and Intercreditor Agreement (Crescent City Loan) 15 Valhalla Townhomes Senior Lender of the terms of the Junior Loan Documents. Junior Lender hereby consents to the Senior Loan and the Senior Loan Documents; provided, however, that this Agreement does not constitute an approval by Junior Lender of the terms of the Senior Loan Documents.
(d) This Agreement may be executed in multiple counterparts, each of which shall constitute an original document and all of which together shall constitute one agreement.
(e) IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION,
MATTERS OF CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT
AND THE OBLIGATIONS ARISING HEREUNDER, THIS AGREEMENT HAS
BEEN ENTERED INTO AND DELIVERED IN, AND SHALL BE CONSTRUED IN
ACCORDANCE WITH AND GOVERNED BY, THE LAWS OF THE STATE WHERE
THE PROPERTY IS LOCATED, WITHOUT GIVING EFFECT TO ANY
PRINCIPLES OF CONFLICTS OF LAW.
(f) Time is of the essence in the performance of every covenant and agreement contained in this Agreement.
(g) If any provision or remedy set forth in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or remedy of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision or remedy had never been set forth herein, but only to the extent of such invalidity, illegality or unenforceability.
(h) Each party hereto hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by it and constitutes a legal, valid and binding agreement enforceable in all material respects in accordance with its terms. (i) Borrower hereby acknowledges and consents to the execution of this Agreement, and agrees to be bound by the provisions hereof that are applicable to Borrower. Solely as between Senior Lender and Junior Lender, all of the signatories below hereby agree that to the extent of any conflict between the terms and provisions of this Agreement and the terms and provisions of the Senior Loan Documents and/or the Junior Loan Documents respectively, the terms and provisions of this Agreement shall govern and control. By executing this Agreement in the place provided below, Borrower hereby (i) acknowledges the provisions hereof, (ii) agrees not to take any action inconsistent with Senior Lender’s rights or Junior Lender’s rights under this Agreement, (iii) waives and relinquishes to the maximum extent permitted by law any and all rights, defenses and claims now existing or hereinafter accruing relating to Junior Lender’s forbearance from exercising any rights and remedies pursuant to Section 4 of this Agreement, including, without limitation, any defenses based on the statute of limitations or any equitable defenses, such as laches, and (iv) acknowledges and agrees that (A) this Agreement is entered into for the sole protection and benefit of Senior Lender and Junior Lender (and their respective successors, assigns and participants), and no other person Subordination and Intercreditor Agreement (Crescent City Loan) 16 Valhalla Townhomes (including Borrower) shall have any benefits, rights or remedies under or by reason of this Agreement, (B) nothing in this Agreement is intended, or shall be construed to, relieve or discharge the obligations or liabilities of any third party (including Borrower under the Senior Loan Documents and the Junior Loan Documents), (C) neither of them nor any of their affiliates shall be, or be deemed to be, beneficiaries of any of the provisions hereof or have any rights hereunder whatsoever, and (D) no provision of this Agreement is intended to, or shall be construed to, give any such third party (including Borrower) any right subrogating to the rights of, or action against, Senior Lender or Junior Lender.
(j) No amendment, supplement, modification, waiver or termination of this Agreement shall be effective against any party unless such amendment, supplement, modification, waiver or termination is contained in a writing signed by such party. (k) No party other than Senior Lender and Junior Lender shall have any rights under, or be deemed a beneficiary of any of the provisions of, this Agreement. (l) Nothing herein or in any of the Senior Loan Documents or Junior Loan Documents shall be deemed to constitute Senior Lender as a joint venturer or partner of Junior Lender.
12. Attached Exhibits.
The following Exhibits are attached to this Agreement and are incorporated by reference herein as if more fully set forth in the text hereof:
Exhibit A – Legal Description
Exhibit B – Junior Loan Documents
Exhibit C – Modifications to Subordination and Intercreditor Agreement The terms of this Agreement are modified and supplemented as set forth in said Exhibits.
To the extent of any conflict or inconsistency between the terms of said Exhibits and the text of this Agreement, the terms of said Exhibits shall be controlling in all respects. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Subordination and Intercreditor Agreement (Crescent City Loan) Valhalla Townhomes Signature Page
IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Subordination and Intercreditor Agreement or caused this Subordination and Intercreditor Agreement to be duly executed and delivered by their respective authorized representatives as of the date first set forth above.
JUNIOR LENDER:
CITY OF CRESCENT CITY, a municipal corporation
________________________________
By: Eric Wier, City Manager
ATTEST:
________________________________
Robin Altman, City Clerk
STATE OF CALIFORNIA }
COUNTY OF _____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
Subordination and Intercreditor Agreement (Crescent City Loan) Valhalla Townhomes Signature Page
SENIOR LENDER:
CITIBANK, N.A.
By:
Name: Michael Hemmens
Title: Vice President
Deal ID No. 50009721
STATE OF CALIFORNIA }
COUNTY OF _____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
Subordination and Intercreditor Agreement (Crescent City Loan) Valhalla Townhomes Signature Page
ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE:
BORROWER:
GS VALHALLA, LP,
a California limited partnership
By: GS Valhalla LLC,
a California limited liability company,
its Administrative General Partner
By: GreenShoots Communities LLC,
a California limited liability company,
its Sole Member
By: ______________________
Raymond Junior
Managing and Sole Member
By: Bold Valhalla LLC,
a California limited liability company,
its Managing General Partner
By: Bold Communities,
a California nonprofit public benefit
corporation,
its Sole Member and Manager
By: ______________________________
Michael Miller
President
Subordination and Intercreditor Agreement (Crescent City Loan) Valhalla Townhomes Acknowledgement Page
STATE OF CALIFORNIA }
COUNTY OF _____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. [seal]
__________________________________
Signature
Subordination and Intercreditor Agreement (Crescent City Loan) A-1 Valhalla Townhomes
EXHIBIT A
LEGAL DESCRIPTION
[To be inserted.]
Subordination and Intercreditor Agreement (Crescent City Loan) B-1 Valhalla Townhomes
EXHIBIT B
JUNIOR LOAN DOCUMENTS
1. Low- and Moderate- Income Housing Asset Fund Loan Agreement dated December [__], 2023, entered into by and between the City of Crescent City, a California municipal corporation (“Junior Lender”), and GS Valhalla, LP, a California limited partnership (“Borrower”).
2. Note dated Nove December mber [__], 2023, entered into by Borrower and payable to the order of Junior Lender.
3. Deed of Trust [and Assignment of Rents] dated December [__], 2023, made by Borrower for the benefit of Junior Lender.
4. Affordable Housing Covenant dated December [__], 2023, entered into by and between Junior Lender and Borrower.
5. [UCC-1 Financing Statement naming Borrower as debtor and Junior Lender as Secured Party].
Subordination and Intercreditor Agreement (Crescent City Loan) C-1 Valhalla Townhomes
EXHIBIT C
MODIFICATIONS TO
SUBORDINATION AND INTERCREDITOR AGREEMENT
The following modifications are made to the text of the Agreement that precedes this Exhibit:
None.
Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Agreement.
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: NOVEMBER 20, 2023
SUBJECT: NOMINATION FOR CRESCENT CITY TO BE ON THE 2024 – 2026
GSRMA BOARD OF DIRECTORS
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Consider and possibly take action on submitting a nomination for the City of Crescent City to have a seat on the GSRMA board
BACKGROUND
The City belongs to a risk-sharing pool for insurance purposes called Golden State Risk Management Authority (GSRMA). The Golden State Risk Management Board of Directors one representative from each of GSRMA’s member types, including: cities, counties, fire districts, cemetery districts and special districts. This insures each member type participation in the governance of the risk pool.
Members of the board provide governance and oversight to the Authority. The Board of Directors for GSRMA reviews member services/loss prevention, claims, finance reports, proposed budgets and other administrative business. In addition, they, and their district serve as both liaison and example of best practices to the member industry group that they represent. These are important roles that make it beneficial to the Authority to encourage the professional development of board members and their associates in their respective district.
To encourage such professional development, the Authority will provide funds to the district of each board representative to reimburse them for the out-of-pocket costs of professional development related to their roles described above.
Each board member position shall be provided an annual budget for their district’s professional development expense. These funds may be used to reimburse out-of-pocket costs associated with conference attendance, training, classes, etc. that are related to risk management or public agency best practices for their represented agency type.
ITEM ANALYSIS
Golden State Risk Management Authority recently reached out to its city members to invite them to nominate themselves to represent the city district representative position on the GSRMA Board of Directors for the July 1, 2024 to June 30, 2026 term. Nominations are due by December 15, 2023. The GSRMA Board meets on the second Wednesday at 6pm every other month. These meetings are held in person with virtual attendance of any or all meetings as an option. If Crescent City is selected, staff will return to the Council to appoint an individual Council Member to be the representative.
The City Council needs to decide whether or not to nominate Crescent City to sit on the GSRMA board of directors for the 2024-2026 term.
FISCAL ANALYSIS
There will be no direct fiscal impact as a result of appointing a council member to serve on the GSRMA board.
STRATEGIC PLAN ANALYSIS
This action supports the following Strategic Plan Goals:
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANACE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND
VISITORS
A. Enhance collaboration with other agencies and the community to better aid the public
ATTACHMENTS
None.