Agenda, first session — Crescent City City Council, February 20, 2024

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2/20/24 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
TUESDAY FEBRUARY 20, 2024 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: 864 4226 0162 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9
2) The meeting will also be streamed on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 3) Public comments may also be made in advance by submitting written comment via [email protected] or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the City Council and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting.

Notice regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (707)464-7483, ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-

35.104 ADA Title II]. For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, Crescent City, CA or on our website:
www.crescentcity.org

OPEN SESSION
Call to order
Roll call
Pledge of Allegiance
AGENDA

REGULAR MEETING OF THE

CITY COUNCIL OF THE CITY OF CRESCENT CITY

FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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2/20/24 COUNCIL AGENDA

CEREMONIAL ITEMS
• Police Chief Commendation - AC Field

REPORTS AND PRESENTATIONS

1. City Marketing Update - Lynnette Braillard (LuLish) & Ashley Taylor (City Economic / Recreation Director)

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.

CONSENT CALENDAR

2. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period January 27, 2024 through February 9, 2024.

3. Council Meeting Minutes
• Recommendation: Approve and adopt the February 5, 2024 meeting minutes of the City Council.

4. Payroll Report
• Recommendation: Receive and file the biweekly payroll reports for the period ending February 10, 2024, paid February 16, 2024.

5. Plan Review Services Professional Services Agreement • Recommendation: Approve and authorize the City Manager to sign the Professional Services Agreement with BPR Consulting Group, LLC for Plan Review Support Services
• Approve and adopt Resolution No. 2024-11, 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
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2/20/24 COUNCIL AGENDA

6. Contract Amendment to Regional Early Action Planning Grant Subaward Agreement • Recommendation: Approve and authorize the City Manager to execute the Regional Early Action Planning Grant (REAP) Subaward Agreement between the City of Crescent City and the County of Del Norte for Housing Planning Services for the period August 16, 2023 through June 30, 2024

7. Position Control Amendment Adjusting the Salary Range of the Fire Chief Position • Recommendation: Approve and adopt Resolution No. 2024-12, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE BUDGET AND POSITION CONTROL FOR FISCAL YEAR 2023-24

8. Community Corrections Partnership Funds
• Recommendation: Approve and adopt Resolution No. 2024-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY 23- 24 BUDGET OF THE CITY OF CRESCENT CITY

PUBLIC HEARING

9. Public Hearing to Close Out Grant 20-CDBG-12012
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• Approve the final accomplishments under Community Development Block Grant contract #20-CDBG-12012; and
• Direct staff to submit final closeout documents to Department of Housing and Community Development (HCD)

10. Public Hearing: Application to HCD for Permanent Local Housing Allocation (PLHA) Program Funds and Adoption of the 2020-2023 PLHA Plan
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• Discuss the 2020-2023 PLHA Plan and application
• Approve and adopt Resolution No. 2024-14, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE APPLICATION

AND ADOPTING OF THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM

CONTINUING BUSINESS

11. Public Comment Letter to Pacific Fisheries Management Council (PFMC) Regarding Groundfish Closure
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
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2/20/24 COUNCIL AGENDA
• Approve and authorize the Mayor to sign a comment letter related to the groundfish closure and authorize the submittal to the Pacific Fisheries Management Council (PFMC) at the March 2024 meeting
• Consideration of sending a Council representative to the March PFMC meeting

12. Declaring the Continuance of an Emergency Due to Continuous Slide Activity Along Pebble Beach Drive
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Declare by a 4/5 vote that there is a need to continue the emergency action for the continuous slide activity along Pebble Beach Drive between 7th and 8th Streets per Public Contract code § 22050

NEW BUSINESS

13. 2023 CDBG Notice of Funding Availability (NOFA) Amendment #1 Application: $3.3 Million for Front Street Project (Play Street to L Street) • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2024-15, 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 AND/OR 2024 FUNDING YEAR OF

THE STATE CDBG PROGRAM
• Approve and authorize the City Manager to sign the 2023 CDBG Application Certifications and Statement of Assurances

14. Zoning Map Amendment – 1405 California Street
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Introduce, waive full reading, read by title only and introduce Ordinance No. 840, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE ZONING DISTRICT DESIGNATION FOR 1405 CALIFORNIA STREET AND THE CITY’S OFFICIAL ZONING MAP

15. Tri-Agency Economic Development Authority JPA
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Options:
o Approve the revised Joint Powers Agreement for the Tri-Agency Economic Development Authority as approved by the County Board of Supervisors o Approve the revised Joint Powers Agreement for the Tri-Agency Economic Development Authority as approved by the Harbor Commission o Approve the revised Joint Powers Agreement with modifications as directed by the City Council
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2/20/24 COUNCIL AGENDA

16. Municipal Code Update: Sign Regulations (Ch. 17.39) • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Waive full reading, read by title only and introduce Ordinance No. 839, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 17.39, SIGNS, OF TITLE 17, ZONING, OF THE CRESCENT

CITY MUNICIPAL CODE

17. Comprehensive Compensation Study RFP
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize staff to release the Comprehensive Compensation Study Request for Proposals

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, March 4, 2024 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.

POSTED:

February 16, 2024
/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

Accounts Payable
User:

Printed:
[email protected]
2/13/2024 3:45 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 02/05/2024 0.00 5,045.32 ACH FITTAX FIT Payroll Taxes Auto Pay 02/05/2024 0.00 22,371.36 ACH PERS1 PERS Health 02/05/2024 0.00 90,207.79
ACH PERS2 Public Emp Retirement Sys 02/05/2024 0.00 35,363.11 ACH EDDTAX State of California EDD TAX Auto Pay 02/09/2024 0.00 798.02 ACH FITTAX FIT Payroll Taxes Auto Pay 02/09/2024 0.00 1,748.00 444808 CALORE AirMedCare 02/05/2024 0.00 5,662.00
444809 AMFAM American Family Life 02/05/2024 0.00 1,071.18 444810 AMLIF Ameritas Life Ins. Corp. 02/05/2024 0.00 5,387.52 444811 CASTATE CA State Disbursement Unit 02/05/2024 0.00 412.61 444812 CLEA California Law Enforcement Association 02/05/2024 0.00 384.00 444813 WAMUTU Crescent City Employees Association 02/05/2024 0.00 65.00 444814 CCPOLI Crescent City Police Officer's Association 02/05/2024 0.00 650.00 444815 ICMARE Mission Square 02/05/2024 0.00 5,041.52
444816 PARS PARS, Public Agency Retirement 02/05/2024 0.00 300.00 444817 CAPLIVE Secure Screening Solutions, Inc 02/05/2024 0.00 44.00 444818 STANDAI Standard Insurance Company 02/05/2024 0.00 2,527.25 444819 VISION Vision Service Plan 02/05/2024 0.00 1,271.85 444820 PATCHROB Robin Altman 02/08/2024 0.00 54.41
444821 AMAZON Amazon Capital Services, Inc 02/08/2024 0.00 911.26 444822 BATEKri Kristie Bates 02/08/2024 0.00 319.74
444823 BAUER Bauer Compressors Inc 02/08/2024 0.00 1,957.00 444824 BLUEST Blue Star Gas Associates 02/08/2024 0.00 231.65 444825 CURRYE Brad Coleman Inc 02/08/2024 0.00 915.93
444826 CRENNE C Renner Petroleum Inc 02/08/2024 0.00 2,694.26 444827 ZCAWTR3 Calif Water Environment 02/08/2024 0.00 222.00 444828 CAMPTO Campton Electric Inc 02/08/2024 0.00 73.61 444829 CAREYK Kevin Carey 02/08/2024 0.00 478.40
444830 CarpJeff Jeff Carpenter 02/08/2024 0.00 26.00
444831 CITYTR City Treasurer 02/08/2024 0.00 160.50
444832 COWI COWI North America, Inc. 02/08/2024 0.00 6,762.37 444833 DNCOC2 D N Co Dept Inform Tech 02/08/2024 0.00 160.00 444834 DISH Dish Network LLC 02/08/2024 0.00 949.13
444835 EFFDEL Efficiency Delivery LLC 02/08/2024 0.00 30.00 444836 ENGLUN Englund Marine Supply Co. 02/08/2024 0.00 502.42 444837 EUREKAH Eureka Humboldt Fire Extinguisher Co Inc 02/08/2024 0.00 3,340.33 444838 EUREKAO Eureka Oxygen Co. 02/08/2024 0.00 318.54 444839 FASTENAL Fastenal Company 02/08/2024 0.00 221.72 444840 FISHER Fisher Scientific 02/08/2024 0.00 12,889.20 444841 FRASER&A Donald Fraser 02/08/2024 0.00 1,200.00
444842 VERIZO2 Frontier California Inc 02/08/2024 0.00 271.67 444843 GRAING Grainger 02/08/2024 0.00 543.70
444844 HDFOWLER H. D. Fowler Company, Inc 02/08/2024 0.00 3,854.00 444845 HAMWSG Hambro WSG Inc 02/08/2024 0.00 6,604.37
444846 HEMMIN Hemmingsen Contracting Co Inc 02/08/2024 0.00 8,406.31 444847 HUTCHENS Elizabeth Hutchens 02/08/2024 0.00 125.47 444848 IDEXX IDEXX Distribution Inc. 02/08/2024 0.00 2,364.04 AP Checks by Date - Summary by Check Number (2/13/2024 3:45 PM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 444849 J&LLEAS J & L Leasing 02/08/2024 0.00 2,574.50
444850 BICOASTA KPOD, LLC. 02/08/2024 0.00 360.00
444851 LEIGHTOA Andrew Leighton 02/08/2024 0.00 69.00
444852 LESSCH Les Schwab Tire Centers of California Inc 02/08/2024 0.00 552.63 444853 LNLINDUS LNL Industries 02/08/2024 0.00 47,181.99 444854 THRIFT Malcolm Kelly Inc. 02/08/2024 0.00 62.79
444855 MCALEENA Michael McAleenan 02/08/2024 0.00 159.99 444856 MEYERSPO Meyers Police K-9 Training, LLC 02/08/2024 0.00 700.00 444857 MISSIO Mission Linen Supply 02/08/2024 0.00 286.69 444858 MORJON Mor-Jon Inc 02/08/2024 0.00 98.97
444859 NCCENT NCL of Wisconsin Inc 02/08/2024 0.00 3,977.00 444860 HUMPES Northwest Property Services Inc 02/08/2024 0.00 82.00 444861 JACOBS Operations Management International, Inc. 02/08/2024 0.00 88,052.84 444862 OREILLY O'Reilly Auto Enterprises LLC 02/08/2024 0.00 316.21 444863 OTIS E Otis Elevator Company Inc 02/08/2024 0.00 376.85 444864 MENDES Pacific Packaging & Supply Co Inc 02/08/2024 0.00 919.01 444865 PARKWA Parkway Feed Inc 02/08/2024 0.00 318.26
444866 PHIIssac Issac Phillips 02/08/2024 0.00 269.65
444867 DNDISP Recology Del Norte 02/08/2024 0.00 1,800.46 444868 ROSSJAN Matthew Ross 02/08/2024 0.00 5,010.00
444869 SHASTACO Shasta-Tehama-Trinity Joint Community College Dist 02/08/2024 0.00 766.50 444870 SHNCON SHN Consulting Engineers & Geologists Inc 02/08/2024 0.00 20,763.45 444871 SMITHMJ Kimberly D Smith 02/08/2024 0.00 296.00
444872 ZCAWTR1 St Wtr Resource Cntrl Brd 02/08/2024 0.00 55.00 444873 IAMSTAR Starguard Elite LLC 02/08/2024 0.00 575.00 444874 STATEWID Statewide Traffic Safety and Signs Inc 02/08/2024 0.00 13,467.43 444875 NORTHWDO Seth Stewart 02/08/2024 0.00 7,347.00
444876 RAYMOR UBEO West, LLC 02/08/2024 0.00 327.98
444877 UNIVAR Univar Solutions USA Inc. 02/08/2024 0.00 8,201.21 444878 CALCARDS US Bank Corporate Pmt Systems 02/08/2024 0.00 12,542.97 444879 USPM2 USPS - Hasler 02/08/2024 0.00 2,000.00
444880 RINCONM Magnolia Valero 02/08/2024 0.00 434.70
444881 CACEHA Wiececke and Associates 02/08/2024 0.00 1,131.03 444882 YARLEliz Elizabeth Yarlott 02/08/2024 0.00 40.00 444883 CASTATE CA State Disbursement Unit 02/09/2024 0.00 995.95 Report Total (82 checks): 0.00 457,051.62
AP Checks by Date - Summary by Check Number (2/13/2024 3:45 PM) Page 2 AP
1-27-24 to 2-09-24 Successor
User: [email protected]
Printed: 2/13/2024 3:46:46 PM
Acct 1 Description Amount Check Number Check Date Selected For Void 991-120-4409-00000 Prepare 24-25 Rops - Dec23 1,200.00 444841 2/8/2024 False 1,200.00
AP - 1-27-24 to 2-09-24 Successor (2/13/2024) Page 1 of 1 AP
1-27-24 to 2-09-24 Council
User: [email protected]
Printed: 2/13/2024 3:46:50 PM
Check Numbe Check Date Acct 1 Description Amount Selected For Void 0 2/5/2024 630-111-4409-00000 Feb 24 - Admin Fees - Retirees 55.71 False 0 2/5/2024 630-000-4125-00000 Feb 24 - Premiums - Retirees 6,270.00 False 0 2/5/2024 610-000-2173-00000 Feb 24 - Premiums - Active 83,614.51 False 0 2/5/2024 001-111-4125-00000 Feb 24 - Admin Fees - Active 267.57 False 0 2/5/2024 610-000-2185-00000 PR Batch 00011.02.2024 State Income Tax 2,471.14 False 0 2/5/2024 610-000-2185-00000 PR Batch 00001.02.2024 State Income Tax 2,574.18 False 0 2/5/2024 610-000-2188-00000 PR Batch 00001.02.2024 Medicare Employer Portion 1,557.39 False 0 2/5/2024 610-000-2189-00000 PR Batch 00011.02.2024 Federal Income Tax 7,702.06 False 0 2/5/2024 610-000-2189-00000 PR Batch 00001.02.2024 Federal Income Tax 8,848.54 False 0 2/5/2024 610-000-2188-00000 PR Batch 00011.02.2024 Medicare Employer Portion 1,352.99 False 0 2/5/2024 610-000-2188-00000 PR Batch 00001.02.2024 Medicare Employee Portion 1,557.39 False 0 2/5/2024 610-000-2188-00000 PR Batch 00011.02.2024 Medicare Employee Portion 1,352.99 False 0 2/5/2024 610-000-2187-00000 PR Batch 00011.02.2024 Survivor Benefit 23.89 False 0 2/5/2024 610-000-2187-00000 PR Batch 00001.02.2024 ER PERS Contribution 10,158.14 False 0 2/5/2024 610-000-2187-00000 PR Batch 00011.02.2024 EE PERS Contribution 7,406.77 False 0 2/5/2024 610-000-2187-00000 PR Batch 00001.02.2024 Service Credit Purchase 413.20 False 0 2/5/2024 610-000-2187-00000 PR Batch 00001.02.2024 Survivor Benefit 34.41 False 0 2/5/2024 610-000-2187-00000 PR Batch 00011.02.2024 ER PERS Contribution 9,433.18 False 0 2/5/2024 610-000-2187-00000 PR Batch 00001.02.2024 EE PERS Contribution 7,893.52 False 0 2/9/2024 610-000-2185-00000 PR Batch 72222.02.2024 State Income Tax 798.02 False 0 2/9/2024 610-000-2188-00000 PR Batch 72222.02.2024 Medicare Employer Portion 155.54 False 0 2/9/2024 610-000-2189-00000 PR Batch 72222.02.2024 Federal Income Tax 1,436.92 False 0 2/9/2024 610-000-2188-00000 PR Batch 72222.02.2024 Medicare Employee Portion 155.54 False 444808 2/5/2024 610-000-2180-00000 2024 Renewals 4,094.00 False 444808 2/5/2024 001-230-4125-00000 2024 Renewals - Vol FF 1,568.00 False 444809 2/5/2024 610-000-2174-00000 Feb 24 Premiums - Acct # Q9377 1,071.18 False 444810 2/5/2024 610-000-2177-00000 Feb 24 Premiums - Acct # 010-21636 00001 5,387.52 False 444811 2/5/2024 610-000-2170-00000 PR Batch 00001.02.2024 Child Support CA Flat Amt 2 412.61 False 444812 2/5/2024 610-000-2179-00000 Feb 24 Billing 384.00 False 444813 2/5/2024 610-000-2184-00000 PR Batch 00001.02.2024 CCEA Monthly Dues 55.00 False 444813 2/5/2024 610-000-2184-00000 PR Batch 00011.02.2024 CCEA Monthly Dues 10.00 False 444814 2/5/2024 610-000-2181-00000 PR Batch 00011.02.2024 CCPOA Dues 650.00 False 444815 2/5/2024 610-000-2186-00000 Plan # 306752 186.06 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 1 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444815 2/5/2024 610-000-2178-00000 Plan # 300878 2,215.00 False 444815 2/5/2024 610-000-2186-00000 Plan # 306752 35.61 False 444815 2/5/2024 610-000-2186-00000 Plan # 306752 887.26 False 444815 2/5/2024 610-000-2186-00000 Plan # 306752 169.85 False 444815 2/5/2024 610-000-2178-00000 Plan # 300878 1,100.00 False 444815 2/5/2024 610-000-2178-00000 Plan # 300878 447.74 False 444816 2/5/2024 630-111-4409-00000 Nov 23 Fees 300.00 False 444817 2/5/2024 001-240-4411-00000 Fingerprinting - Taxi Service 22.00 False 444817 2/5/2024 001-230-4407-00000 Fingerprinting - Fire 22.00 False 444818 2/5/2024 610-000-2179-00000 Jan 24 - Premiums 2,527.25 False 444819 2/5/2024 610-000-2175-00000 Feb 24 Premiums - Acct # 3185880 / 12003309 1,271.85 False 444820 2/8/2024 001-110-4400-00000 Reimbursement - snacks for special council meeting 54.41 False 444821 2/8/2024 001-240-4320-00000 Book caddy & Clipboards 238.11 False 444821 2/8/2024 412-100-4310-00000 CH Office Supplies 0.37 False 444821 2/8/2024 001-111-4310-00000 CH Office Supplies 0.41 False 444821 2/8/2024 001-120-4310-00000 Precision knife, blades, staple remover 14.60 False 444821 2/8/2024 413-120-4310-00000 Precision knife, blades, staple remover 14.60 False 444821 2/8/2024 413-353-4310-00000 CH Office Supplies 0.39 False 444821 2/8/2024 419-120-4310-00000 Precision knife, blades, staple remover 14.60 False 444821 2/8/2024 001-250-4310-00000 CH Office Supplies 0.27 False 444821 2/8/2024 419-111-4310-00000 CH Office Supplies 0.39 False 444821 2/8/2024 419-120-4310-00000 CH Office Supplies 2.34 False 444821 2/8/2024 419-371-4310-00000 CH Office Supplies 1.50 False 444821 2/8/2024 001-480-4310-00000 CH Office Supplies 0.27 False 444821 2/8/2024 001-130-4310-00000 CH Office Supplies 0.31 False 444821 2/8/2024 413-111-4310-00000 CH Office Supplies 0.40 False 444821 2/8/2024 001-112-4390-00000 Space heater 43.29 False 444821 2/8/2024 419-130-4310-00000 CH Office Supplies 0.25 False 444821 2/8/2024 413-120-4310-00000 CH Office Supplies 2.34 False 444821 2/8/2024 001-120-4310-00000 CH Office Supplies 2.12 False 444821 2/8/2024 001-313-4310-00000 CH Office Supplies 0.59 False 444821 2/8/2024 001-251-4310-00000 CH Office Supplies 0.30 False 444821 2/8/2024 001-471-4310-00000 CH Office Supplies 0.13 False 444821 2/8/2024 412-120-4310-00000 CH Office Supplies 0.25 False 444821 2/8/2024 001-470-4310-00000 CH Office Supplies 0.22 False 444821 2/8/2024 413-357-4310-00000 CH Office Supplies 0.69 False 444821 2/8/2024 001-112-4310-00000 CH Office Supplies 0.31 False 444821 2/8/2024 413-352-4310-00000 CH Office Supplies 0.19 False 444821 2/8/2024 001-364-4310-00000 CH Office Supplies 0.41 False 444821 2/8/2024 420-115-4310-00000 CH Office Supplies 2.38 False 444821 2/8/2024 001-350-4310-00000 CH Office Supplies 0.91 False 444821 2/8/2024 001-113-4310-00000 CH Office Supplies 1.16 False 444821 2/8/2024 413-130-4310-00000 CH Office Supplies 0.25 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 2 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444821 2/8/2024 420-115-4390-00000 HDMI Splitter 35.51 False 444821 2/8/2024 001-114-4310-00000 CH Office Supplies 1.21 False 444821 2/8/2024 413-351-4390-00000 HEPA Filter 41.12 False 444821 2/8/2024 001-112-4310-00000 Holiday craft supplies 143.17 False 444821 2/8/2024 001-120-4310-00000 Magnetic hooks 11.88 False 444821 2/8/2024 419-120-4310-00000 Magnetic hooks 11.89 False 444821 2/8/2024 420-000-1510-00000 Silicone case for iPhone 38.91 False 444821 2/8/2024 413-352-4390-00000 5-Port POE + switch 54.11 False 444821 2/8/2024 413-120-4310-00000 Magnetic hooks 11.89 False 444821 2/8/2024 413-130-4310-00000 CH Office Supplies 0.30 False 444821 2/8/2024 001-111-4310-00000 CH Office Supplies 0.49 False 444821 2/8/2024 419-120-4310-00000 CH Office Supplies 2.84 False 444821 2/8/2024 001-120-4310-00000 Toner cartridge 44.62 False 444821 2/8/2024 001-112-4310-00000 CH Office Supplies 0.37 False 444821 2/8/2024 001-120-4310-00000 CH Office Supplies 2.56 False 444821 2/8/2024 413-352-4310-00000 CH Office Supplies 0.22 False 444821 2/8/2024 413-353-4310-00000 CH Office Supplies 0.47 False 444821 2/8/2024 001-130-4310-00000 CH Office Supplies 0.38 False 444821 2/8/2024 419-371-4310-00000 CH Office Supplies 1.82 False 444821 2/8/2024 001-470-4310-00000 CH Office Supplies 0.28 False 444821 2/8/2024 001-114-4310-00000 CH Office Supplies 1.47 False 444821 2/8/2024 001-350-4310-00000 CH Office Supplies 1.10 False 444821 2/8/2024 001-471-4310-00000 CH Office Supplies 0.15 False 444821 2/8/2024 413-120-4310-00000 Toner cartridge 44.63 False 444821 2/8/2024 001-251-4310-00000 CH Office Supplies 0.37 False 444821 2/8/2024 412-100-4310-00000 CH Office Supplies 0.45 False 444821 2/8/2024 001-480-4310-00000 CH Office Supplies 0.32 False 444821 2/8/2024 413-357-4310-00000 CH Office Supplies 0.85 False 444821 2/8/2024 419-120-4310-00000 Toner cartridge 44.62 False 444821 2/8/2024 413-120-4310-00000 CH Office Supplies 2.84 False 444821 2/8/2024 001-113-4310-00000 CH Office Supplies 1.39 False 444821 2/8/2024 001-250-4310-00000 CH Office Supplies 0.33 False 444821 2/8/2024 001-364-4310-00000 CH Office Supplies 0.50 False 444821 2/8/2024 001-313-4310-00000 CH Office Supplies 0.72 False 444821 2/8/2024 419-111-4310-00000 CH Office Supplies 0.47 False 444821 2/8/2024 413-111-4310-00000 CH Office Supplies 0.47 False 444821 2/8/2024 419-130-4310-00000 CH Office Supplies 0.29 False 444821 2/8/2024 420-115-4310-00000 CH Office Supplies 2.89 False 444821 2/8/2024 412-120-4310-00000 CH Office Supplies 0.30 False 444822 2/8/2024 001-120-4530-00000 2/19-2/22/24 CalPers Training Sacramento - fuel, per diem meals 106.58 False 444822 2/8/2024 413-120-4530-00000 2/19-2/22/24 CalPers Training Sacramento - fuel, per diem meals 106.58 False 444822 2/8/2024 419-120-4530-00000 2/19-2/22/24 CalPers Training Sacramento - fuel, per diem meals 106.58 False 444823 2/8/2024 001-230-4391-2020S Installation and start-up fee of new compressor at City Station 1,957.00 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 3 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444824 2/8/2024 001-240-4220-00000 Propane - 12/14-01/15 - Acct #02-1038315 2.00 False 444824 2/8/2024 001-240-4220-00000 Propane - 12/14-01/15 - Acct # 02-1038315 16.19 False 444824 2/8/2024 001-230-4220-00000 Propane - 12/14-01/15 - Acct #02-0009979 213.46 False 444825 2/8/2024 508-508-4390-00000 MWR Kit w/ battery pack, charger 258.18 False 444825 2/8/2024 001-470-4390-00000 MWR Kit w/ battery pack, charger 258.17 False 444825 2/8/2024 412-100-4390-00000 Stihl Tool & Chaps 337.72 False 444825 2/8/2024 001-470-4390-00000 Chain saw port 61.86 False 444826 2/8/2024 001-240-4330-00000 Fuel for Patrol Cars - Acct # 0215111 2,460.35 False 444826 2/8/2024 001-240-4330-00000 Fuel for Patrol Cars - Acct # 0215111 233.91 False 444827 2/8/2024 419-371-4530-00000 CWEA Tech Cert Program - DeForge 222.00 False 444828 2/8/2024 419-371-4390-00000 Light 73.61 False
444829 2/8/2024 001-230-4530-00000 2/15-2/18/24 Fire Marshal 1C Rancho Cucamonga - per diem meals 158.40 False 444829 2/8/2024 001-230-4530-00000 1/18-1/22/24 - Rancho Cucomonga Fire Marshal 1A Training FINAL 320.00 False 444830 2/8/2024 001-120-4407-00000 Reimbursement - Pre-employment screening 8.66 False 444830 2/8/2024 419-120-4407-00000 Reimbursement - Pre-employment screening 8.67 False 444830 2/8/2024 413-120-4407-00000 Reimbursement - Pre-employment screening 8.67 False 444831 2/8/2024 001-313-3715-00000 Clerk filing for conditional use permits (x2) 100.00 False 444831 2/8/2024 412-100-4240-00000 USPS: Postage 1.50 False 444831 2/8/2024 001-364-4390-10025 Clerk Recorders Ofiice deed copy 3.00 False 444831 2/8/2024 001-313-4409-00000 Clerk filing for Battery Point LP 50.00 False 444831 2/8/2024 001-250-4390-00000 Grant deed copies for code enforcement 6.00 False 444832 2/8/2024 901-364-4799-00114 Bank Stabilization consultant contract - Thru 12/31/23 6,762.37 False 444833 2/8/2024 001-240-4310-00000 Field property receipt printing - paper/copies 160.00 False 444834 2/8/2024 412-100-4230-00000 TV Charges - 01/25-02/24 - Acct # 335006466 949.13 False 444835 2/8/2024 419-371-4470-00000 Sample delivery to North Coast Labs for WW & DW FY24 30.00 False 444836 2/8/2024 413-353-4390-00000 Duct tape, Jacket, Rags 41.00 False 444836 2/8/2024 419-371-4390-00000 Duct tape, Jacket, Rags 41.00 False 444836 2/8/2024 001-364-4390-10025 Duct tape, Jacket, Rags 41.00 False 444836 2/8/2024 413-353-4390-00000 Pants 64.03 False
444836 2/8/2024 506-506-4390-00000 Bib & Jacket 246.25 False 444836 2/8/2024 419-371-4390-00000 Pants 64.02 False
444836 2/8/2024 001-480-4390-00000 Eye bolt 5.12 False
444837 2/8/2024 413-352-4450-00000 Annual Fire Extinguisher Maintenance and Certification 719.78 False 444837 2/8/2024 001-480-4450-00000 Annual Fire Extinguisher Maintenance and Certification 120.49 False 444837 2/8/2024 506-506-4450-00000 Annual Fire Extinguisher Maintenance and Certification 17.00 False 444837 2/8/2024 413-351-4450-00000 Annual Fire Extinguisher Maintenance and Certification 49.00 False 444837 2/8/2024 001-471-4450-00000 Annual Fire Extinguisher Maintenance and Certification 372.06 False 444837 2/8/2024 508-508-4450-00000 Annual Fire Extinguisher Maintenance and Certification 340.17 False 444837 2/8/2024 506-506-4450-00000 Annual Fire Extinguisher Maintenance and Certification 330.16 False 444837 2/8/2024 412-100-4450-00000 Annual Fire Extinguisher Maintenance and Certification 86.50 False 444837 2/8/2024 506-506-4450-00000 Annual Fire Extinguisher Maintenance and Certification 85.00 False 444837 2/8/2024 419-371-4450-00000 Annual Fire Extinguisher Maintenance and Certification 350.16 False 444837 2/8/2024 413-352-4450-00000 Annual Fire Extinguisher Maintenance and Certification 340.16 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 4 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444837 2/8/2024 506-506-4450-00000 Annual Fire Extinguisher Maintenance and Certification 64.94 False 444837 2/8/2024 001-240-4450-00000 Annual Fire Extinguisher Maintenance and Certification 408.85 False 444837 2/8/2024 001-471-4450-00000 Annual Fire Extinguisher Maintenance and Certification - Credit -38.93 False 444838 2/8/2024 001-230-4450-00000 Hydrotests, service 318.54 False 444839 2/8/2024 413-353-4390-00000 Safety/PW Supplies 36.96 False 444839 2/8/2024 001-364-4390-10025 Safety/PW Supplies 36.96 False 444839 2/8/2024 508-508-4390-00000 Safety/PW Supplies 36.94 False 444839 2/8/2024 419-371-4390-00000 Safety/PW Supplies 36.96 False 444839 2/8/2024 001-470-4390-00000 Safety/PW Supplies 36.94 False 444839 2/8/2024 506-506-4390-00000 Safety/PW Supplies 36.96 False 444840 2/8/2024 413-351-4390-00000 2 stackable 6.3 cu ft forced air incubators for microbiology 12,889.20 False 444842 2/8/2024 419-371-4230-00000 Water System Phone Bill 707-1006 - 27.88 False 444842 2/8/2024 419-371-4230-00000 Water System Phone 464-2826 - 96.98 False 444842 2/8/2024 001-240-4230-00000 Radio to Sherriff - 28.97 False 444842 2/8/2024 419-371-4230-00000 707-465-3386 Water Scada Phone 117.84 False 444843 2/8/2024 506-506-4390-00000 First Aid Kit 97.60 False 444843 2/8/2024 001-364-4350-10023 Circuit breaker 446.10 False 444844 2/8/2024 919-000-2122-00000 20 Kam Strup Meters- TAX -317.96 False 444844 2/8/2024 919-371-4799-37118 20 Kam Strup Meters 4,171.96 False 444845 2/8/2024 413-000-1202-00000 Sludge Hauling 2,143.84 False 444845 2/8/2024 413-000-1202-00000 Sludge Hauling 2,278.27 False 444845 2/8/2024 413-000-1202-00000 Sludge Hauling 2,182.26 False 444846 2/8/2024 419-371-4390-00000 FY24 Annual Rock to fill excavations 1,576.48 False 444846 2/8/2024 001-364-4390-2020S FY24 Annual Rock to fill excavations 157.00 False 444846 2/8/2024 413-353-4390-00000 FY24 Annual Rock to fill excavations 307.00 False 444846 2/8/2024 001-364-4390-10025 FY24 Annual Rock to fill excavations 157.00 False 444846 2/8/2024 001-470-4450-00000 Dog park repairs 3,600.00 False 444846 2/8/2024 001-364-4390-10025 Shredded Bark 48.72 False 444846 2/8/2024 001-470-4390-00000 Shredded Bark 48.71 False 444846 2/8/2024 001-364-4390-2020S FY24 Annual Rock to fill excavations 134.00 False 444846 2/8/2024 001-364-4390-10025 FY24 Annual Rock to fill excavations 134.00 False 444846 2/8/2024 413-353-4390-00000 FY24 Annual Rock to fill excavations 263.00 False 444846 2/8/2024 419-371-4390-00000 FY24 Annual Rock to fill excavations 1,352.55 False 444846 2/8/2024 419-371-4450-00000 City & County Water installation/repair paving 627.85 False 444847 2/8/2024 001-240-4530-00000 1/7-1/12/24 - Eureka Records Clerk Training - per diem FINAL 125.47 False 444848 2/8/2024 413-351-4390-00000 Annual Microbiology Supplies FY24 2,364.04 False 444849 2/8/2024 001-230-4390-00000 Misc medical supplies 2,786.90 False 444849 2/8/2024 001-000-2122-00000 Misc medical supplies - TAX -212.40 False 444850 2/8/2024 001-480-4430-00000 Radio ads 120.00 False 444850 2/8/2024 001-112-4430-00000 Radio ads 120.00 False 444850 2/8/2024 412-100-4430-00000 Radio ads 120.00 False 444851 2/8/2024 419-371-4530-00000 1/18-1/16/24 NCRP Ukiah, CA - meals - FINAL 69.00 False 444852 2/8/2024 508-508-4390-00000 Flat tire repair 253.88 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 5 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444852 2/8/2024 508-508-4390-00000 Tire tube 63.86 False 444852 2/8/2024 508-508-4390-00000 Metal Valve Stem 234.89 False 444853 2/8/2024 413-351-4450-00000 Window and wall repair at Lab 47,181.99 False 444854 2/8/2024 001-480-4390-00000 PVC Pipe 62.79 False 444855 2/8/2024 419-371-4320-04320 Employee boot reimbursement FY 24 159.99 False 444856 2/8/2024 001-240-4530-2020S Monthly K9 Maintenance - K9 Koysta 350.00 False 444856 2/8/2024 001-240-4530-00000 Monthly K9 Maintenance - Kai 350.00 False 444857 2/8/2024 413-353-4320-00000 Laundry Service/Uniforms FY24 33.42 False 444857 2/8/2024 508-508-4320-00000 Laundry Service/Uniforms FY24 35.29 False 444857 2/8/2024 413-351-4320-00000 Laundry Service/Uniforms FY24 23.53 False 444857 2/8/2024 001-480-4450-00000 Pool Mats 39.09 False 444857 2/8/2024 001-120-4370-00000 City Hall Mats 2.45 False 444857 2/8/2024 412-100-4370-00000 City Hall Mats 0.43 False 444857 2/8/2024 412-120-4370-00000 City Hall Mats 0.28 False 444857 2/8/2024 001-250-4370-00000 City Hall Mats 0.31 False 444857 2/8/2024 413-352-4370-00000 City Hall Mats 0.22 False 444857 2/8/2024 413-111-4370-00000 City Hall Mats 0.45 False 444857 2/8/2024 413-357-4370-00000 City Hall Mats 0.80 False 444857 2/8/2024 001-471-4370-00000 City Hall Mats 0.14 False 444857 2/8/2024 419-371-4370-00000 City Hall Mats 1.73 False 444857 2/8/2024 001-114-4370-00000 City Hall Mats 1.40 False 444857 2/8/2024 419-111-4370-00000 City Hall Mats 0.46 False 444857 2/8/2024 419-130-4370-00000 City Hall Mats 0.29 False 444857 2/8/2024 413-353-4370-00000 City Hall Mats 0.45 False 444857 2/8/2024 001-480-4370-00000 City Hall Mats 0.30 False 444857 2/8/2024 001-470-4370-00000 City Hall Mats 0.26 False 444857 2/8/2024 001-112-4370-00000 City Hall Mats 0.36 False 444857 2/8/2024 420-115-4370-00000 City Hall Mats 2.76 False 444857 2/8/2024 413-130-4370-00000 City Hall Mats 0.29 False 444857 2/8/2024 001-313-4370-00000 City Hall Mats 0.69 False 444857 2/8/2024 001-130-4370-00000 City Hall Mats 0.36 False 444857 2/8/2024 001-113-4370-00000 City Hall Mats 1.33 False 444857 2/8/2024 001-364-4370-00000 City Hall Mats 0.48 False 444857 2/8/2024 413-120-4370-00000 City Hall Mats 2.71 False 444857 2/8/2024 001-350-4370-00000 City Hall Mats 1.04 False 444857 2/8/2024 001-111-4370-00000 City Hall Mats 0.48 False 444857 2/8/2024 001-251-4370-00000 City Hall Mats 0.36 False 444857 2/8/2024 419-120-4370-00000 City Hall Mats 2.71 False 444857 2/8/2024 001-480-4450-00000 Pool Mats 39.09 False 444857 2/8/2024 001-112-4370-00000 City Hall Mats 0.36 False 444857 2/8/2024 001-471-4370-00000 City Hall Mats 0.14 False 444857 2/8/2024 001-251-4370-00000 City Hall Mats 0.36 False 444857 2/8/2024 001-470-4370-00000 City Hall Mats 0.26 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 6 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444857 2/8/2024 412-120-4370-00000 City Hall Mats 0.28 False 444857 2/8/2024 419-130-4370-00000 City Hall Mats 0.29 False 444857 2/8/2024 001-350-4370-00000 City Hall Mats 1.04 False 444857 2/8/2024 420-115-4370-00000 City Hall Mats 2.76 False 444857 2/8/2024 001-250-4370-00000 City Hall Mats 0.31 False 444857 2/8/2024 413-130-4370-00000 City Hall Mats 0.29 False 444857 2/8/2024 001-480-4370-00000 City Hall Mats 0.30 False 444857 2/8/2024 413-111-4370-00000 City Hall Mats 0.45 False 444857 2/8/2024 001-113-4370-00000 City Hall Mats 1.33 False 444857 2/8/2024 001-313-4370-00000 City Hall Mats 0.69 False 444857 2/8/2024 001-111-4370-00000 City Hall Mats 0.48 False 444857 2/8/2024 419-111-4370-00000 City Hall Mats 0.46 False 444857 2/8/2024 413-352-4370-00000 City Hall Mats 0.22 False 444857 2/8/2024 413-120-4370-00000 City Hall Mats 2.71 False 444857 2/8/2024 001-114-4370-00000 City Hall Mats 1.40 False 444857 2/8/2024 001-120-4370-00000 City Hall Mats 2.45 False 444857 2/8/2024 412-100-4370-00000 City Hall Mats 0.43 False 444857 2/8/2024 001-130-4370-00000 City Hall Mats 0.36 False 444857 2/8/2024 419-371-4370-00000 City Hall Mats 1.73 False 444857 2/8/2024 413-357-4370-00000 City Hall Mats 0.80 False 444857 2/8/2024 001-364-4370-00000 City Hall Mats 0.48 False 444857 2/8/2024 419-120-4370-00000 City Hall Mats 2.71 False 444857 2/8/2024 413-353-4370-00000 City Hall Mats 0.45 False 444857 2/8/2024 508-508-4320-00000 Laundry Service/Uniforms FY24 35.29 False 444857 2/8/2024 413-353-4320-00000 Laundry Service/Uniforms FY24 33.42 False 444858 2/8/2024 508-508-4390-60003 Toggle Valve 98.97 False 444859 2/8/2024 413-000-2122-00000 ACS Chemicals, Reagents, equipment, and misc supplies- TAX -315.37 False 444859 2/8/2024 413-351-4390-00000 ACS Chemicals, Reagents, equipment, and misc supplies- FY24 4,292.37 False 444861 2/8/2024 413-000-1202-00000 Annual Operations of WWTP FY24 - Credits solid hauling -39,416.65 False 444861 2/8/2024 413-352-4450-00000 Annual Maintenance of WWTP FY24 121,383.74 False 444861 2/8/2024 413-000-1202-00000 Annual Operations of WWTP FY24 - Credits checmical delivery -7,247.58 False 444861 2/8/2024 413-352-4409-00000 Annual Operations of WWTP FY24 13,333.33 False 444862 2/8/2024 508-508-4390-00000 Brackets 122.56 False 444862 2/8/2024 508-508-4390-00000 Brake rotor 119.06 False 444862 2/8/2024 508-508-4390-00000 Core - RETURN -43.30 False 444862 2/8/2024 508-508-4390-00000 Scotch mold 7.69 False 444862 2/8/2024 508-508-4390-00000 Control Arm Assembly 110.20 False 444863 2/8/2024 001-471-4450-00000 FY24 Elevator Maintenance - 02/01-02/29 376.85 False 444864 2/8/2024 001-313-4370-00000 Janitorial Supplies- City-Wide 1.03 False 444864 2/8/2024 001-240-4370-00000 Janitorial Supplies- City-Wide 10.31 False 444864 2/8/2024 001-111-4370-00000 Janitorial Supplies- City-Wide 1.03 False 444864 2/8/2024 420-115-4370-00000 Janitorial Supplies- City-Wide 1.03 False 444864 2/8/2024 001-471-4370-00000 Janitorial Supplies- City-Wide 10.31 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 7 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444864 2/8/2024 419-120-4370-00000 Janitorial Supplies- City-Wide 1.03 False 444864 2/8/2024 001-120-4370-00000 Janitorial Supplies- City-Wide 4.12 False 444864 2/8/2024 413-352-4370-00000 Janitorial Supplies- City-Wide 10.31 False 444864 2/8/2024 413-120-4370-00000 Janitorial Supplies- City-Wide 1.03 False 444864 2/8/2024 506-506-4370-00000 Janitorial Supplies- City-Wide 10.31 False 444864 2/8/2024 508-508-4370-00000 Janitorial Supplies- City-Wide 12.88 False 444864 2/8/2024 001-480-4370-00000 Janitorial Supplies- City-Wide 25.78 False 444864 2/8/2024 412-100-4370-00000 Janitorial Supplies- City-Wide 10.31 False 444864 2/8/2024 001-114-4370-00000 Janitorial Supplies- City-Wide 1.03 False 444864 2/8/2024 001-470-4370-00000 Janitorial Supplies- City-Wide 115.97 False 444864 2/8/2024 001-113-4370-00000 Janitorial Supplies- City-Wide 1.04 False 444864 2/8/2024 001-350-4370-00000 Janitorial Supplies- City-Wide 29.38 False 444864 2/8/2024 001-251-4370-00000 Janitorial Supplies- City-Wide 0.51 False 444864 2/8/2024 001-120-4370-00000 Janitorial Supplies- City-Wide 8.96 False 444864 2/8/2024 508-508-4370-00000 Janitorial Supplies- City-Wide 28.01 False 444864 2/8/2024 001-480-4370-00000 Janitorial Supplies- City-Wide 56.02 False 444864 2/8/2024 001-471-4370-00000 Janitorial Supplies- City-Wide 22.41 False 444864 2/8/2024 419-120-4370-00000 Janitorial Supplies- City-Wide 2.24 False 444864 2/8/2024 001-240-4370-00000 Janitorial Supplies- City-Wide 22.41 False 444864 2/8/2024 001-113-4370-00000 Janitorial Supplies- City-Wide 2.24 False 444864 2/8/2024 420-115-4370-00000 Janitorial Supplies- City-Wide 2.25 False 444864 2/8/2024 001-350-4370-00000 Janitorial Supplies- City-Wide 63.86 False 444864 2/8/2024 413-120-4370-00000 Janitorial Supplies- City-Wide 2.24 False 444864 2/8/2024 412-100-4370-00000 Janitorial Supplies- City-Wide 22.41 False 444864 2/8/2024 413-352-4370-00000 Janitorial Supplies- City-Wide 22.40 False 444864 2/8/2024 001-251-4370-00000 Janitorial Supplies- City-Wide 1.12 False 444864 2/8/2024 506-506-4370-00000 Janitorial Supplies- City-Wide 22.40 False 444864 2/8/2024 001-111-4370-00000 Janitorial Supplies- City-Wide 2.24 False 444864 2/8/2024 001-230-4390-00000 4 Car wash pails 99.04 False 444864 2/8/2024 001-470-4370-00000 Janitorial Supplies- City-Wide 252.09 False 444864 2/8/2024 001-114-4370-00000 Janitorial Supplies- City-Wide 2.24 False 444864 2/8/2024 001-313-4370-00000 Janitorial Supplies- City-Wide 2.24 False 444864 2/8/2024 413-352-4370-00000 Janitorial Supplies- City-Wide 0.08 False 444864 2/8/2024 001-313-4370-00000 Janitorial Supplies- City-Wide 0.01 False 444864 2/8/2024 001-350-4370-00000 Janitorial Supplies- City-Wide 0.23 False 444864 2/8/2024 001-251-4370-00000 Janitorial Supplies- City-Wide 0.01 False 444864 2/8/2024 001-120-4370-00000 Janitorial Supplies- City-Wide 0.03 False 444864 2/8/2024 001-471-4370-00000 Janitorial Supplies- City-Wide 0.08 False 444864 2/8/2024 001-470-4370-00000 Janitorial Supplies- City-Wide 0.93 False 444864 2/8/2024 419-120-4370-00000 Janitorial Supplies- City-Wide 0.01 False 444864 2/8/2024 001-480-4370-00000 Janitorial Supplies- City-Wide 0.21 False 444864 2/8/2024 413-120-4370-00000 Janitorial Supplies- City-Wide 0.01 False 444864 2/8/2024 506-506-4370-00000 Janitorial Supplies- City-Wide 0.09 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 8 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444864 2/8/2024 412-100-4370-00000 Janitorial Supplies- City-Wide 0.08 False 444864 2/8/2024 001-111-4370-00000 Janitorial Supplies- City-Wide 0.01 False 444864 2/8/2024 508-508-4370-00000 Janitorial Supplies- City-Wide 0.11 False 444864 2/8/2024 001-240-4370-00000 Janitorial Supplies- City-Wide 0.08 False 444864 2/8/2024 420-115-4370-00000 Janitorial Supplies- City-Wide 0.01 False 444865 2/8/2024 001-240-4380-00000 Dog food for K9 Lt. Kai 112.58 False 444865 2/8/2024 001-240-4380-00000 Dog food for K9 Lt. Kai 93.10 False 444865 2/8/2024 001-240-4380-00000 Dog food for K9 Lt. Kai 112.58 False 444866 2/8/2024 001-000-3221-00000 Early Departure - Conf # 5021 24.51 False 444866 2/8/2024 412-000-3570-00000 Early Departure - Conf # 5021 245.14 False 444867 2/8/2024 412-100-4225-00000 FY23/24 Refuse services - Jan 24- Acct # 200265009 / 06845911 1,800.46 False 444868 2/8/2024 412-100-4450-00000 Cleaning of RV park restrooms - Jan 24 1,450.00 False 444868 2/8/2024 001-230-4451-00000 Cleaning services - Jan 2024 140.00 False 444868 2/8/2024 506-506-4450-00000 FY24 Janitorial Services - JAN 2024 470.00 False 444868 2/8/2024 001-470-4450-00000 Cleaning of park restrooms - Jan 2024 2,950.00 False 444869 2/8/2024 001-230-4530-00000 Instructor 1 online training: Contract # CCRFR2023F / 0000000994 766.50 False 444870 2/8/2024 919-371-4799-37101 GeoTech for Surge Tank 4,593.95 False 444870 2/8/2024 001-313-4409-00000 General Planning Services FY24 - thru 12/31/23 15,820.75 False 444870 2/8/2024 901-240-4799-2020S Police Department GeoTech 348.75 False 444871 2/8/2024 001-114-4409-00000 Safety Training Services 296.00 False 444872 2/8/2024 419-371-4550-00000 Water treatment cert - Borges 55.00 False 444873 2/8/2024 001-480-4409-00000 Jan Certifications 50.00 False 444873 2/8/2024 001-480-4409-00000 Jan Certifications 25.00 False 444873 2/8/2024 001-480-4450-00000 Annual training center fee - 2024 500.00 False 444874 2/8/2024 508-508-4930-00000 GRACO Striper - Order #09010482 5,811.53 False 444874 2/8/2024 413-353-4390-00000 Traffic control signs to replace inventory - Order # 09010660 2,551.00 False 444874 2/8/2024 001-364-4390-10025 Traffic control signs to replace inventory - Order # 09010660 2,551.00 False 444874 2/8/2024 419-371-4390-00000 Traffic control signs to replace inventory - Order # 09010660 2,553.90 False 444875 2/8/2024 506-506-4450-00000 Corp Yard Mechanics Roll up Door-Install 7,347.00 False 444876 2/8/2024 001-240-4450-00000 Contract copier service - 02/01-02/29 - contract usage 11/1-1/31 327.98 False 444877 2/8/2024 001-480-4340-00000 FY24 Sodium Hypochlorite 572.18 False 444877 2/8/2024 419-371-4340-00000 FY24 Sodium Hypochlorite 953.63 False 444877 2/8/2024 413-000-1202-00000 FY24 Sodium Hypochlorite - reimbursed 6,675.40 False 444878 2/8/2024 001-480-4530-00000 STARFISH AQUATICS; Conf and training 169.00 False 444878 2/8/2024 001-480-4390-00000 WALMART: Parts & supplies 38.30 False 444878 2/8/2024 001-112-4530-00000 QUIK STOP: 9/20-9/22/23 Ukiah Regional Econ Dev Summit - gas 60.68 False 444878 2/8/2024 001-230-4530-00000 FIRE PROTECTION PUB: E-Book for Company officer 2A & 2B - Smith 69.70 False 444878 2/8/2024 001-480-4530-00000 STARFISH AQUATICS: Swim lesson instructor membership 169.00 False 444878 2/8/2024 001-120-4550-00000 CSMFO: CSMFO Membership - Leaver 45.00 False 444878 2/8/2024 001-240-4390-00000 WALMART: Laptop chargers for evidence 43.04 False 444878 2/8/2024 001-480-4310-00000 WALMART: Office supplies 23.56 False 444878 2/8/2024 420-000-1510-00000 APPLE: iClous transfer 0.99 False 444878 2/8/2024 419-371-4390-00000 APPLE: Time mgmt app for EMOT 4.99 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 9 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444878 2/8/2024 001-230-4390-00000 HARBOR FREIGHT: Cleaning supplies - REFUND -40.08 False 444878 2/8/2024 001-240-4530-00000 BEAR RIVER: 1/7-1/12/24 - Eureka Records Clerk Training-Hutchens 667.50 False 444878 2/8/2024 413-351-4530-00000 CALIFORNIA WATER: CWEA - Regina 138.00 False 444878 2/8/2024 001-230-4530-00000 HERTZ: 1/18-1/22/24 - Rancho Cucomonga Fire Marshal 1A Training 341.09 False 444878 2/8/2024 420-115-4450-00000 KNOWBE4: License addition 78.26 False 444878 2/8/2024 001-240-4390-2020S HOME DEPOT: Gun safe for IC at City Yard 865.99 False 444878 2/8/2024 001-240-4320-00000 5.11.INC: Academy Equipment 303.10 False 444878 2/8/2024 001-240-4530-00000 CHEVRON:1/21-1/27/24 - ICI Sexual Assault Training-McClellan, CA 59.34 False 444878 2/8/2024 001-240-4530-00000 FOX VALL4/15-4/19/24 - Missing Persons Conf-Las Vegas-G. Bobertz 9.95 False 444878 2/8/2024 001-240-4530-00000 ALLEGNT: 4/15-4/19/24 - Missing Persons Conf -Las Vegas-Griffin 540.39 False 444878 2/8/2024 419-120-4550-00000 GOVERNMENT FINANCE: GFOA Membership - Leaver 56.66 False 444878 2/8/2024 001-230-4530-00000 FIRE PROTECTION PUB: E-Book for Company officer 2A & 2B - Borges 69.70 False 444878 2/8/2024 001-480-4370-00000 WALMART: Janitorial supplies 26.48 False 444878 2/8/2024 419-371-4530-00000 HOLIDAY INN: 1/18-1/16/24 NCRP Ukiah, CA - A. Leighton - lodging 176.80 False 444878 2/8/2024 001-480-4378-00000 COSTCO: Pool snack bar 98.95 False 444878 2/8/2024 001-230-4530-00000 UNITED: 1/18-1/22/24 - Rancho Cucomonga Fire Marshal 1A Training 455.21 False 444878 2/8/2024 420-115-4450-00000 SPAM HERO: Renewal 10.00 False 444878 2/8/2024 001-240-4530-00000 FOX VALL4/15-4/19/24 - Missing Persons Conf-Las Vegas-G. Bobertz 337.28 False 444878 2/8/2024 001-240-4530-00000 CHEVRON:1/21-1/27/24 - ICI Sexual Assault Training-McClellan, CA 28.28 False 444878 2/8/2024 001-240-4530-00000 FOX VALLEY:4/15-4/19/24 - Missing Persons Conf-Las Vegas-Griffin 12.54 False 444878 2/8/2024 001-230-4530-00000 CONTOUR: 1/18-1/22/24 - Rancho Cucomonga Fire Marshal 1A Trng 228.00 False 444878 2/8/2024 001-230-4390-00000 HARBOR FREIGHT: Supplies for rigs 201.24 False 444878 2/8/2024 001-350-4550-00000 APPLE: iCloud for PW Manager 0.99 False 444878 2/8/2024 001-120-4409-00000 TAX1099.COM: 1099 Filing 14.10 False 444878 2/8/2024 001-240-4390-00000 HOME DEPOT: Keys for front door 42.98 False 444878 2/8/2024 001-240-4530-00000 FLAMINGO: 4/15-4/19/24 - Missing Persons Conf -Las Vegas-Griffin 136.06 False 444878 2/8/2024 001-240-4390-0HERO TAILORED CANVASES: Wall sign 155.87 False 444878 2/8/2024 001-230-4409-00000 FIRE PROGRAMS: Fire archives 237.00 False 444878 2/8/2024 001-120-4409-00000 TAX1099.COM: 1099 Filing 138.62 False 444878 2/8/2024 419-371-4390-00000 APPLE: Electrician app for EMOT 9.99 False 444878 2/8/2024 413-120-4550-00000 CSMFO: CSMFO Membership - Leaver 45.00 False 444878 2/8/2024 419-120-4530-00000 DLR RESORT:1/29-2/4/24 - Anaheim, CA - CSMFO Conf- C. Rawlings 411.84 False 444878 2/8/2024 001-230-4530-00000 HERTZ: 1/18-1/22/24 - Rancho Cucomonga Fire Marshal 1A Training 232.43 False 444878 2/8/2024 001-230-4550-00000 NFPA NATL FIRE: NFPA Membership 175.00 False 444878 2/8/2024 001-230-4530-00000 SOUTHWEST: 1/18-1/22/24 - Rancho Cucomonga Fire Marshal 1A Trng 278.20 False 444878 2/8/2024 412-100-4430-00000 MARQ: Graphic design platform 15.00 False 444878 2/8/2024 001-240-4390-00000 CRYSTAL SPRINGS: Water 45.00 False 444878 2/8/2024 001-120-4530-00000 DLR RESORT:1/29-2/4/24 - Anaheim, CA - CSMFO Conf- C. Rawlings 411.84 False 444878 2/8/2024 001-112-4530-00000 CALIFORNIA WATER: CWEA - DeForge 98.00 False 444878 2/8/2024 001-110-4312-00000 APPLE: iPad for Council member Kelly Schellong 1,193.67 False 444878 2/8/2024 001-364-4390-10025 E MATERIAL HANDLING: Trench plate picker 221.11 False 444878 2/8/2024 001-120-4409-00000 TAX1099.COM: 1099 Filing 37.60 False 444878 2/8/2024 413-120-4530-00000 DLR RESORT:1/29-2/4/24 - Anaheim, CA - CSMFO Conf- C. Rawlings 411.84 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 10 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444878 2/8/2024 001-240-4320-00000 ACE HARDWARE: Uniform equipment 15.78 False 444878 2/8/2024 420-000-1510-00000 APPLE: iCloud transfer 0.99 False 444878 2/8/2024 001-480-4390-00000 SPLASH.EDU: Swim lesson supplies 66.78 False 444878 2/8/2024 413-353-4390-00000 E MATERIAL HANDLING: Trench plate picker 221.11 False 444878 2/8/2024 419-120-4550-00000 CSMFO: CSMFO Membership - Leaver 45.00 False 444878 2/8/2024 001-240-4530-00000 FLAMINGO4/15-4/19/24 - Missing Persons Conf-Las Vegas-G. Bobertz 136.06 False 444878 2/8/2024 001-120-4312-00000 DELL: Computer monitor for file clerk 146.91 False 444878 2/8/2024 413-120-4550-00000 GOVERNMENT FINANCE: GFOA Membership - Leaver 56.67 False 444878 2/8/2024 001-120-4550-00000 GOVERNMENT FINANCE: GFOA Membership - Leaver 56.67 False 444878 2/8/2024 419-371-4390-00000 E MATERIAL HANDLING: Trench plate picker 221.13 False 444878 2/8/2024 001-120-4409-00000 TAX1099.COM: 1099 Filing 9.40 False 444878 2/8/2024 001-240-4530-00000 ALLEGNT:4/15-4/19/24 - Missing Persons Conf-Las Vegas-G. Bobertz 540.39 False 444878 2/8/2024 001-240-4530-00000 FOX VALLEY:4/15-4/19/24 - Missing Persons Conf-Las Vegas-Griffin 425.00 False 444879 2/8/2024 001-000-1510-00000 Reset Postage-City Hall 2,000.00 False 444880 2/8/2024 001-240-4530-00000 1/21-1/27/24 - ICI Sexual Assault Training - McClellan, CA FINAL 434.70 False 444881 2/8/2024 413-353-4390-00000 Cut wire 37.62 False 444881 2/8/2024 419-372-4390-41028 Screws, nuts and bolts 10.58 False 444881 2/8/2024 001-480-4390-00000 Bolt lag, screws, nuts and bolts 6.51 False 444881 2/8/2024 001-480-4390-00000 Bolts - RETURN -0.28 False 444881 2/8/2024 506-506-4390-00000 Paint, pole extension 236.81 False 444881 2/8/2024 419-371-4390-00000 Rubbing alcohol, sprayer 11.20 False 444881 2/8/2024 506-506-4390-00000 Key, key schlage, key ring 20.37 False 444881 2/8/2024 419-371-4390-00000 Lumber 87.35 False
444881 2/8/2024 506-506-4390-00000 Key ring 32.71 False 444881 2/8/2024 506-506-4390-00000 Key kwikset, key schlage 5.23 False 444881 2/8/2024 506-506-4390-00000 Screws, nuts and bolts 3.81 False 444881 2/8/2024 413-353-4390-00000 Rags, cord 55.19 False 444881 2/8/2024 001-480-4390-00000 Chainsaw bar and chain 497.94 False 444881 2/8/2024 001-480-4390-00000 Screws, nuts and bolts 3.38 False 444881 2/8/2024 419-371-4390-00000 Drain tube 32.48 False 444881 2/8/2024 419-372-4390-41028 Gasket 9.30 False
444881 2/8/2024 506-506-4390-00000 Wallplate, drainer tray 40.67 False 444881 2/8/2024 508-508-4390-00000 Plug clean out 5.82 False 444881 2/8/2024 413-356-4390-35022 Battery 28.46 False
444881 2/8/2024 419-371-4390-00000 Screws, nuts and bolts 2.42 False 444881 2/8/2024 001-480-4390-00000 Screws, nuts and bolts 3.46 False 444882 2/8/2024 001-000-3221-00000 Early Departure - Conf # 5204 3.64 False 444882 2/8/2024 412-000-3570-00000 Early Departure - Conf # 5204 36.36 False 444883 2/9/2024 610-000-2170-00000 PR Batch 72222.02.2024 Child Support CA Flat Amt 2 995.95 False AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 11 of 12 Check Numbe Check Date Acct 1 Description Amount Selected For Void 454,582.64
AP - 1-27-24 to 2-09-24 Council (2/13/2024) Page 12 of 12 AP
1-27-24 to 2-09-24 Housing
User: [email protected]
Printed: 2/13/2024 3:46:54 PM
Check Date Check Number Description Amount Selected For Void 2/8/2024 444864 Janitorial Supplies- City-Wide 0.08 False 2/8/2024 444821 CH Office Supplies 0.20 False
2/8/2024 444857 City Hall Mats 0.24 False
2/8/2024 444857 City Hall Mats 0.24 False
2/8/2024 444821 CH Office Supplies 0.25 False
2/8/2024 444864 Janitorial Supplies- City-Wide 10.31 False 2/8/2024 444864 Janitorial Supplies- City-Wide 22.41 False 2/8/2024 444821 Mop pads, tissues & batteries 58.26 False 2/8/2024 444860 Pest service - 1/23/24 82.00 False
2/8/2024 444837 Annual Fire Extinguisher Maintenance and Certification 94.99 False 2/8/2024 444878 NAN MCKAY: Training for Sean Rosenthal 1,000.00 False 1,268.98
AP - 1-27-24 to 2-09-24 Housing (2/13/2024) Page 1 of 1

CITY OF CRESCENT CITY
Mayor Blake Inscore Mayor Pro Tem Ray Altman
Council Member Jason Greenough Council Member Kelly Schellong Council Member Isaiah Wright

MINUTES

REGULAR MEETING OF THE

CITY COUNCIL OF THE CITY OF CRESCENT CITY

FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
MONDAY FEBRUARY 5, 2024 6:00 P.M.

OPEN SESSION
Call to order Mayor Inscore called the meeting to order at 6:04 p.m.

Roll call Council Members present: Council Member Kelly Schellong, Council Member Isaiah Wright, Mayor Pro Tem Ray Altman, and Mayor Blake Inscore
Council Member absent: Council Member Jason Greenough
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Economic Development and Recreation Director Ashley Taylor, Public Works Director Dave Yeager, Police Chief Richard Griffin, and Finance Director Linda Leaver
Pledge of Allegiance led by Mayor Inscore

CEREMONIAL ITEMS
• Black History Month Proclamation
Council Member Wright read the aloud and stated he will accept the proclamation.

REPORTS AND PRESENTATIONS

1. Last Chance Grade EIR Public Comments
Jamie Matteoli, Caltrans Project Manager, reported the project timeline to the Council that has been since 2015. He detailed each alternative that is being contemplated for Last Chance Grade.

Alternative X would have a retaining wall plus large-scale hillside/slide drainage. This is lower in cost and quicker to construct. Alternative F would be a tunnel that would largely avoid landslides.

It is higher in cost and would take longer to construct. He further gave directions on how to submit comments to the draft document. Council Member Schellong asked that although Alternative F is more expensive, she wanted to know the time difference between the two; Mr. Matteoli stated that the tunnel can take 8 years, but that the road can still be accessed during the tunnel construction. The other option will take 5 years. Mayor Pro Tem Altman asked if modern tunnel boring will be used; Mr. Matteoli said it would be standard excavating tools – it does not use a tunnel boring machine due to the diameter of the machine. Mayor Inscore asked who ultimately 1 | P a g e
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makes the choice on what option to choose; Caltrans makes the final decision. Mayor Inscore encouraged the community to go back and watch the meeting as the presentation was very informative on the project and its alternatives.

There were no comments from the public.

2. Advanced Air / Border Coast Regional Airport Authority (BCRAA) Economic Impact Presentation
Levi Stockton, President and Founder of Advanced Air, reported to the Council the service areas Advanced Air provides. He stated that there has been a pilot program with Southwest Airlines that has provided them with well-trained pilots. Council Member Schellong stated that she is encouraged with the new service and believes there will be better communication with the Airport Director Ryan Cooley. Mayor Inscore asked for explanation on the connection through LAX to get to Hawthorne back to Crescent City. Mr. Stockton stated that a shuttle would pick up the passenger curbside and take them to Hawthorne. Airport Director Cooley reported to the Council the Economic Impact Study that was done in September 2023 for what the airport will be bringing to the community. This would include both Del Norte and Curry Counties in the impact report as they are the ones that are a part of the JPA. He gave a report on how many visitors come to our area and how much they spend while in our community. Council Member Schellong stated that having this economic impact will be helpful when budget time comes and the discussion of funding the airport is held. Mayor Inscore stated that with the change of air service, communication with the public is very important and the Chamber of Commerce should be included in the conversation. Director Cooley stated that he has been in touch with Chamber Executive Director Vosburg and has put her in touch with Advanced Air representatives.

3. Pebble Beach Drive Emergency Closure Update
City Manager Wier reported to the Council on the recent degradation of Pebble Beach Drive due to the recent storms. He stated that the road could collapse at any time where the slide has affected the soil underneath. Public Works Director Yeager has been in discussions with Caltrans and emergency contractors to get repairs done. Director Yeager will be meeting with geotechnical consultants for the best route to take on the slide’s repair. City Manager Wier stated that the permanent fix for Pebble Beach Drive would be $30 million, the City would be responsible for 3% which is $1 million. Since this is not allocated by Congress, the City would have to come up with the entire $30 million up front and then be reimbursed. Council Member Schellong asked about the EO funding and what the geotechnical dollar amount was, even though it is reimbursable; City Manager Wier stated that he does not have an estimate as the slide is growing – the preliminary estimate is $3 million which is subject to change due to the changing nature of the slide.

4. Spring Swim Camp
Economic Development and Recreation Director Taylor gave a report to the Council about the Spring Break Swim Camp and stated the last one was very successful. She showed a brief PowerPoint Presentation that showed pictures of last year’s event which will be very much like what this year’s event will be. There will be more organizations involved this year to include the fire department and police department. The Marine Mammal Center and the Redwood/National Parks will also be approached to be included in the education piece for the attendees. Mayor Inscore asked how much it is to attend the five-day camp, Director Taylor stated it is $75 as there has been some funds received to help lower the price.
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PUBLIC COMMENT PERIOD
The following residents addressed the Council:

Donna Westfall: asked for a presentation for the public on the expansion project of the Wastewater Treatment Plant. She also reported on her queries about the WWTP over the years and her being sued by the City.

Linda Sutter: spoke about the recent Tri-Agency meeting and the lack of leadership.

Dorothy Riley: spoke about propaganda being done against her and that she would like to have the nano-technology removed from her. She would like to have brain-to-computer interface done on the FBI.
➢ Reports, Concerns, Referrals, Council travel and training reports – Council Member Schellong: attended the Zoom for Last Chance Grade put on by Caltrans, a meeting with CalOES regarding the significant storms, attended the Chamber Dinner and congratulated the City for the Del Norte Pride Award and Debbie Stover for the Lifetime Achievement Award. Attended the Front Street ribbon cutting.

Mayor Inscore: attended the Homeless Ad Hoc committee for next steps for the shelter, working on the upcoming Kamome Festival; attended the Beachfront Park design team.

CONSENT CALENDAR

5. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period December 30, 2023 through January 12, 2024.

6. Council Meeting Minutes
• Recommendation: Approve and adopt the December 18, 2023 and January 16, 2024 meeting minutes of the City Council.

7. Payroll Report
• Recommendation: Receive and file the biweekly payroll reports for the period ending December 16, 2023, paid December 22, 2023 and for the period ending December 30, 2023, paid January 5, 2024.

8. Budget-to-Actual Financial Reports for of December 2023 • Recommendation: Receive and file the monthly budget-to-actual financial reports of the City’s major operating funds for Fiscal Year 2023-24 as of December 31, 2023

9. Quarterly Cash and Investments Report as of December 31, 2023 • Recommendation: Receive and file quarterly cash and investments report as of December 31, 2023

10. Fiscal Year 2023-24 Appropriations Limit Correction • Recommendation: Approve and adopt Resolution No. 2024-07, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY SELECTING THE ANNUAL ADJUSTMENT FACTORS FOR THE CALCULATION OF THE FISCAL YEAR 2023- 24 APPROPRIATIONS LIMIT FOR THE CITY OF CRESCENT CITY
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11. Battery Point Density Bonus Agreement for Affordable Housing • Recommendation: Approve and authorize the City Manager to sign the Density Bonus Agreement with SSF Battery Point LP for the Battery Point Apartments Development Project

12. Declaring an Emergency Due to Continuous Slide Activity and the Failure of Pebble Beach Drive
• Recommendation: Approve and adopt Resolution No. 2024-08, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY DECLARING AN

EMERGENCY DUE TO CONTINUOUS SLIDE ACTIVITY AND THE FAILURE OF PEBBLE BEACH DRIVE BETWEEN 7TH AND 8TH STREET AND AUTHORIZING THE

CITY MANAGER TO ACT PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050
Council Member Schellong asked for item 11 to be pulled for discussion; Mayor Inscore asked for item 12 to be pulled for public comment. Council Member Schellong also asked for item 5 to be pulled from the consent calendar so she could recuse herself. The Council was in consensus to pull these items.

There were no comments from the public on items 6-10 of the consent calendar.

On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 4-0 polled vote with Council Member Greenough being absent, the City Council of the City of Crescent City adopted the consent calendar consisting of items 6-10 as presented.

There were no comments from the public on item 5 of the consent calendar.

On a motion by Mayor Pro Tem Altman, seconded by Council Member Wright, and carried on a 3-0 polled vote with Council Member Greenough being absent and Council Member Schellong being recused due to a conflict of interest, the City Council of the City of Crescent City approved item number 5 of the consent calendar as presented.

Regarding item 11 – Council Member Schellong stated she was concerned with the lack of parking as it is in the school district and will move cars onto the street. City Attorney Rice stated that under the State’s density bonus law, if a developer proposes a certain amount of affordable housing, they are entitled to concessions under the law and parking is included in that. If it is 100% affordable, they get 4 concessions – they have chosen parking, and the CIty is required to approve it unless the concession is found to have a specific adverse impact upon (1) public health and safety and there is no feasible method to satisfactorily mitigate or avoid that impact. The planning commission did not make this finding and granted the concession. Thus, that question is not before the Council this evening. The developer felt the parking was sufficient and pointed out that if there is too much parking, it causes other problems, such as tenants storing additional vehicles, etc.

There were no comments from the public on item 11 of the consent calendar.

On a motion by Council Member Wright, seconded by Council Member Schellong, and carried on a 4-0 polled vote with Council Member Greenough being absent, the City Council of the City of Crescent City approved and authorized the City Manager to sign the Density Bonus Agreement with SSF Battery Point Apartments Development Project
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Item 12 – Mayor Inscore stated it is important to understand why an emergency declaration is necessary; City Manager Wier stated this allows the CIty to get a contractor asap to get the repairs done. Would it have been done for usual practice, not in an emergency, it is a long process and there are specific requirements needed that take time to accomplish. City Attorney Rice stated that anything over $15k would require an RFP and due to the activity of the slide, we do not have the time it would take for an RFP. Council Member Schellong asked if there was funding that could be sourced since we do not have the $3million; City Manager Wier stated that once the exact costs are known, it will be reported to the Council.

Linda Sutter: asked if it was going to take a long time to get the slide fixed and asked why it didn’t take Brookings as long as it’s going to take Crescent City. Mayor Inscore stated that the challenge that is being faced is the funding being available – the City would have to fund it all up front and then being reimbursed.

On a motion by Council Member Schellong, seconded by Council Member Wright and carried on a 4-0 polled vote with Council Member Greenough being absent, the City Council of the City of Crescent City approved and adopted Resolution No. 2024-08, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY DECLARING AN EMERGENCY DUE TO

CONTINUOUS SLIDE ACTIVITY AND THE FAILURE OF PEBBLE BEACH DRIVE BETWEEN 7 TH AND 8TH STREET AND AUTHORIZING THE CITY MANAGER TO ACT PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050
PUBLIC HEARING - None
CONTINUING BUSINESS - None

NEW BUSINESS

13. Last Chance Grade Project Draft EIR/EIS
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the Mayor to sign a letter of support for the resolution of the Last Chance Grade Project as outlined in the recently released Draft Environmental Impact Report/Environmental Impact Statement (DEIR/EIS) Council Member Schellong stated that the letter is rather benign, Mayor Pro Tem Altman and Council Member Wright wanted the tunnel option and would make their comments known during the public comment period. Mayor Inscore stated that there is consensus that the Council would like the tunnel and asked if staff could indicate their preference in the letter. Council Member Schellong likes that the highway can still be used during the tunnel construction.

There were no comments from the public.

On a motion by Council Member Schellong, seconded by Council Member Wright, and carried on a 4-0 polled vote with Council Member Greenough being absent, the City Council of the City of Crescent City approved and authorized the Mayor to sign a letter of support for the resolution of the Last Chance Grade Project as outlined in the recently released Draft Environmental Impact Report/Environmental Impact Statement (DEIR/EIS) with the updated verbiage to include the Council’s support of the tunnel option (Alternative F). 6 | P a g e
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14. Lighthouse Cove RV Park Fee Increases and Special Projects • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2024-09, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY ESTABLISHING FEES AT THE LIGHTHOUSE COVE RV PARK, EFFECTIVE FEBRUARY 12, 2024
• Approve and adopt Resolution No. 2024-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING FY 2023-24 POSITION

CONTROL
• Direct staff to return with design plans for a restroom remodel at Lighthouse Cove RV Park
Director Taylor stated that discussions for a real business plan for the RV Park occurred to place the Park in a positive light. There is a projected decline in the working capital, the ad hoc committee was approached to discuss the current rates of the Park. The priorities of the committee were the rates to remain competitive, the restrooms, the apartment remodel, Park enhancements and Park security. The apartment to be remodeled to be used as a short-term rental. There would be substantial work that would need to be done to the inside in order for it to be rented. Currently it is not ADA accessible, however, grant funding is being sought for that project. The restroom remodel would include improving the grading in the ADA showers, to remove the block partitions to give more discreet spaces; road paving was discussed but there is not sufficient working capital to complete. The current state of the roads are not appealing to visitors, therefore should be considered for pavement. For the high seasons – Memorial Day to Labor Day, there will be a security guard on site. The Guard would be there from 10pm – 6am.

She stated that bike lockers can be acquired to keep bicycles locked away and secured for the visitors. She stated that with a rate increase, it will have to be reviewed on an annual basis. The Park Attendant position will be removed to be able to get the bike locker and security for the Park.

Council Member Wright stated that the people he had visiting said they really liked the bathrooms and the fee restructure would not prevent him from staying there. Council Member Schellong asked if there was a less expensive option for the bike locks. Mayor Pro Tem Altman asked if every 2nd floor apartment need to have an elevator; Council Member Schellong stated that it’s because the lower level on other apartments are made available. Mayor Inscore stated the most important thing to travelers to RV Parks are the condition of the bathroom. He further stated that while staying at a KOA Resort at Mt. Rushmore, the roads were all gravel and if the City considered draining, gravel could be a good choice for the roads. The bathrooms need to be priority to be in good condition. Mayor Pro Tem Altman asked about the bathroom that was going to go downtown was $100k; City Manager Wier stated that yes, it would be $100-150k.

Tom Kaul: asked if portable toilets were considered; Mayor Inscore stated that yes, not for the Park, but other areas, and the cost is from $100-150k.

On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried on a 4-0 polled vote with Council Member Greenough being absent, the City Council of the City of Crescent City approved and adopted Resolution No. 2024-09, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY ESTABLISHING FEES AT THE LIGHTHOUSE COVE RV PARK, EFFECTIVE FEBRUARY 12, 2024
On a motion by Council Member Wright, seconded by Mayor Pro Tem Altman, and carried on a 3-1 polled vote with Council Member Greenough being absent and Council Member Schellong voting no, the City Council of the City of Crescent City approved and adopted Resolution No. 2024-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING FY 2023-24 POSITION CONTROL
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Council Member Schellong stated that she didn’t like to see a position removed to fund other items, especially when there are already not enough people manning the Park. Director Taylor stated that the position needs to be removed to allocate funds elsewhere.

Council was in consensus to direct staff to bring design plans for the RV Park bathroom remodel to Council for further action.

CITY COUNCIL ITEMS
➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported the following to the Council:
o Two new service trucks with cranes were delivered to the PW crew o Front Street has several blocks finished and is now open o Spring Swim Camp is upcoming
o There will be an event to commemorate the 60th anniversary of the tsunami o The Forest Moon event will take place the first week in June o Planning Commission meeting this Thursday will have another housing complex up for discussion

ADJOURNMENT
There being no further business to come before the Council, Mayor Inscore adjourned the meeting at 8:26 p.m. to the regular meeting of the City Council of the City of Crescent City on Tuesday, February 20, 2024 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.

ATTEST:
______________________________
Robin Altman
City Clerk/Administrative Analyst
Home Dept. Regular Pay Overtime Gross Pay Employees Notes City Council (110) 1,409.84 - 1,409.84 5
Administration (111) 15,457.36 360.67 15,818.03 4
Econ Dev / Grants (112) 7,734.12 - 7,734.12 3
Human Resources (114) - - - 0
Finance (120) 14,100.01 175.94 14,275.95 7
City Attorney (130) 5,128.08 - 5,128.08 1
Fire (230) 16,950.52 1,027.95 17,978.47 5
Police (240) 43,421.84 4,047.38 47,469.22 16
Planning (313) 2,994.82 - 2,994.82 2
Public Works (350) 60,759.68 5,506.96 66,266.64 22 Includes final payout Recreation (450) 1,724.20 - 1,724.20 1
Swimming Pool (480) 16,353.41 - 16,353.41 22
Housing (490) 10,984.26 - 10,984.26 4
197,018.14 11,118.90 208,137.04 92
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 2/10/24
Pay Date 02/16/2024 (02/08/24 Final Payout)
Check Numbers: 111107-111114 (Plus Direct Deposits)

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: DAVID YEAGER, PUBLIC WORKS DIRECTOR
MARTHA D. RICE, CITY ATTORNEY
DATE: FEBRUARY 20, 2024
SUBJECT: PLAN REVIEW SERVICES PROFESSIONAL SERVICES AGREEMENT ______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Further Council discussion
• Receive public comment
• Approve and authorize the City Manager to sign the Professional Services Agreement with BPR Consulting Group LLC for Plan Review Support Services • Approve and adopt Resolution No. 2024-11, A RESOLUTION OF THE CITY

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

BACKGROUND
The City currently has two part-time building inspectors. Dan Minges is a retired annuitant currently performing building inspection and plan review services while also training Sean Rosenthal to do the same and eventually take over Dan’s position. A part-time position has been enough to the meet the City’s needs for several years.

The City, however, is on the brink of several large residential development projects needing plan review over the next few months (27-unit Harbor Point, 162-unit Battery Point, 45-unit Valhalla rehab, 40-unit Roosevelt Estates, 33-units by LNL). The volume of work is expected to exceed the City’s staff capacity. Thus, a request for proposals for plan review support services was released on December 11th and proposals were received on January 5th., 2024. Seven proposals were submitted and evaluated by staff (PW Director, Building Inspector, and Engineering Project Managers). BPR Consulting Group was selected as the firm that would best fit the City’s needs.

PLAN REVIEW SERVICES PSA
February 20, 2024
2 ITEM ANALYSIS
BPR Consulting Group (BPR) was founded by a group of experienced building safety professionals with the sole focus of providing thorough and efficient plan review and other building department services to support California Building Departments. The team that will serve the City of Crescent City are all appropriately licensed in the State of California, and/or ICC certified, and are experienced and well-versed in providing on-call, as-needed plan review services in support of California Building Departments. BPR will not be utilizing any subconsultants to provide the requested services.

BPR Consulting Group has a full-time staff of ICC certified plans examiners, licensed engineers, architects, OSHPD and CASp experts with extensive experience proving plan review services for multiple Norther California communities, including the cities of Arcata, Fortuna, Blue Lake, Shata Lake, Redding, Chico, Oroville, Clearlake, Live Oak, Roseville, Rocklin, Lincoln, Folsom, Placerville, Napa, Calistoga, Elk Gove, Sacramento, Rancho Cordova, West Sacramento, South Lake Tahoe, Manteca, Richmond, San Ramon, Milpitas, Vallejo, and Berkeley. BPR staff are available for pre-construction or pre-design meetings, filed visits, virtual and in-person meetings with the design team, and support for filed inspection personnel as needed. BPR has a system for uploading, tracking and sending electronic documents that facilitates remote services.

Under the terms of the professional services agreement, BPR Consulting Group will provide complete plans examination services, which includes an initial review and up to two back-check reviews as needed for plan approval. The initial review is to be completed in 10 business days. Back-check review will be completed in 5-7 business days. BPR will perform this service for 70% of the City’s Plan Check fee, as adopted. Any additional review beyond the third review will be subject to BPR’s hourly rates. BPR also offers an expedited plan review process (half the time to complete) for 150% of the standard fee.

FISCAL ANALYSIS
The fees for services provided under the professional services agreement will be paid for out of the Plan Check fees to be received on each project on which BPR is engaged. It is also possible to incur additional costs for additional services as needed, such as expedited plan review or additional plan review beyond three per project.

The City will engage BPR on an individual project basis by issuing task orders based on the valuation of the plan check fees charged by the City. The initial task order will be for the review of the building plans for the 162-unit Battery Point project. Pending a finalized project valuation (currently estimated at just over $55 million), the anticipated plan check fees would be approximately $219,000. The cost of the plan check review by BPR would be $153,500. The remaining portion of the plan check review fees shall be budgeted for City staff including Building Inspectors, Public Works Director, Fire Chief, Police Chief, and planning consultants for the review of the site work, utilities, and conformance to planning / code requirements.

PLAN REVIEW SERVICES PSA
February 20, 2024
3 The budget amendment accounts for the $219,000 in plan fees from the Battery Point project and an additional $4,000 in plan check fees for other projects that the City may need some assistance in reviewing.

STRATEGIC PLAN ASSESSMENT
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 3: Obtain the Highest Levels of Organizational Excellence D. Seek methods to create efficiencies and add additional value without compromising safety or performance

ATTACHMENTS
• Professional Services Agreement with BPR Consulting Group LLC for Plan Review Support Services
• Resolution No. 2024-11 (budget amendment)

CITY OF CRESCENT CITY

AGREEMENT FOR PROFESSIONAL SERVICES
This agreement for professional services ("Agreement") is hereby entered into this 20th day of February 2024, by and between the City of Crescent City, a California municipal corporation ("CITY") and BPR Consulting Group LLC, a California limited liability company ("CONSULTANT").

RECITALS
WHEREAS, CITY has determined it is necessary and desirable to secure certain technical and professional services; and
WHEREAS, CITY solicited proposals through a formal Request for Proposal process to provide on-call, as-needed plan review support services; and WHEREAS, CITY evaluated the proposals received and CONSULTANT was selected to provide services as described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED by and between CITY and CONSULTANT as follows:

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 on-call, as-needed plan review services as 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.

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 begin work until CITY issues a Notice to Proceed.

3. COMPENSATION.

3.1. SCHEDULE OF PAYMENT. The compensation to be paid by CITY to CONSULTANT for the services rendered hereunder will be as 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.

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 thirty (30) 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.

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. DISCLOSURE. CONSULTANT must provide CITY with full disclosure of any other clients that it is currently serving in Del Norte County, including a brief description of the nature of the work being performed. If CONSULTANT initiates service to new clients within Del Norte County during the term of this agreement, CONSULTANT must disclose such service to CITY.

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: Eric Wier, City Manager
377 J Street
Crescent City, CA 95531
PH: 707.464.7483 ext. 232
Email: [email protected]
BPR Consulting Group LLC
Attn: Ron Beehler
2201 Francisco Drive, Suite 140-658
El Dorado Hills, CA 95762
Phone: 916.204.3178
Email: [email protected]

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 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 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 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. SANCTIONS. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO may be accessed at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-RussiaUkraine-Executive-Order.pdf.

The EO directs all agencies and department that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the US government in response to Russian’s actions in Ukraine as well as any sanctions imposed under state law.

The CONSULTANT must comply with the economic sanctions imposed in response to Russia’s action in Ukraine, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the US Department of the Treasury website (https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-information/ukraine-russia-relatedsanctions).

19.GENERAL PROVISIONS.

19.1. 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.

19.2. 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.

19.3. TIME OF THE ESSENCE. CONSULTANT understands and agrees that time is of the essence in the completion of the work and services described herein.

19.4. 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.

19.5. GOVERNING LAW AND CHOICE OF FORUM. This Agreement must be administered and interpreted under California law as written by both parties.

Any litigation arising from this Agreement must be brought in the Superior Court of California, in and for Del Norte County.

19.6. 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.

19.7. 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.

19.8. INTEGRATION. This Agreement constitutes the entire agreement of the parties and supersedes and prior negotiations, agreements, understandings, representations or statements.

19.9. SURVIVAL. The parties' obligations under Sections 8 [confidential information], 16.3 [primary coverage] and 19.1 [indemnification] will survive the termination or expiration of this Agreement.

19.10. 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.

19.11. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with California’s Uniform Electronic Transactions Act Cal. Civ. Code 1633.1, et seq.) or other transmission methods, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
//
PROFESSIONAL SERVICES AGREEMENT – SIGNATURE PAGE

PLAN REVIEW SUPPORT SERVICES
Executed by CITY and CONSULTANT by their duly authorized representatives on this 20th day of February 2024 at Crescent City, California.

CITY OF CRESCENT CITY CONSULTANT: BPR Consulting Group LLC _______________________________
By: Eric Wier, City Manager
_______________________________
By: Ron Beehler
Its: Managing Member
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

PROFESSIONAL SERVICES AGREEMENT

PLAN REVIEW SUPPORT SERVICES
EXHIBIT A: SCOPE OF SERVICES P a g e | 1
EXHIBIT A: SCOPE OF SERVICES

PLAN REVIEW SERVICES
CONSULTANT’S services for the City of Crescent City will consist of providing complete Plans Examination services performed by staff with appropriate professional licenses or ICC Certified. Complete plans examination is defined as an initial review and up to two back-check reviews as needed for plan approval.

CONSULTANT will review submitted project documents to ensure compliance to applicable provisions of the current edition of the following codes:

1. California Building Code

2. California Residential Code

3. California Plumbing Code

4. California Mechanical Code

5. California Electrical Code

6. California Fire Code

7. California Building Energy Efficiency and Green Building Standards

8. State & Local Hazardous Materials Regulations

9. City Municipal Code Requirements, Adopted Amendments and Ordinances

COMMUNICATING PLAN REVIEW RESULTS
Plan reviews, when not immediately approved, will result in lists of comments in a format acceptable to CITY, referring to specific details and drawings, and referencing applicable code sections. CONSULTANT will provide a clear, concise, and thorough plan review correction list identifying specific code compliance issues along with applicable code sections in conflict from which clients, designers, contractors, and owners can work. Comment lists are to be delivered to designated recipients including designers and project applicants in electronic format with copies sent to CITY.

CONSULTANT will transmit plan review comments and coordinate re-checks directly with project applicants as required. Upon successful resolution of all plan review issues, final documents ready for approval will be returned to CITY bearing CONSULTANT’S plan review stamps for final approval and permit issuance by CITY.

ON-SITE CONSULANT SERVICES & MEETING ATTENDANCE
CONSULTANT has a full-time staff of experienced plans examiners and licenses Structural, Civil, Electrical, Fire Protection and Mechanical Engineers available to perform on-site plan review. In addition, staff is available for pre-construction or pre-design meetings, field visits, virtual and in-person meetings with the design team, and support for field inspection personnel as needed. With some reasonable limitations, preconstruction and pre-design meetings associated with projects that we plan review are considered part of the plans examination service. Plan review staff is available during normal business hours to answer questions or help to resolve issues pertaining to our plan reviews to help expedite the plan review process.

MAXIMUM SERVICE DELIVERY TIMEFRAMES
CONSULTANT is committed to providing the highest quality and the timeliest building safety services in the industry. CONSULTANT will furnish CITY with the most concise, direct, and complete building and safety

PROFESSIONAL SERVICES AGREEMENT

PLAN REVIEW SUPPORT SERVICES
EXHIBIT A: SCOPE OF SERVICES P a g e | 2
services possible. CONSULTANT’S goal is to approve code-complying projects and work through the plans examination process in an efficient and professional manner. CONSULTANT will be available and willing to discuss projects with clients, applicants, and designers to efficiently resolve identified plan review issues.

CONSULTANT will provide services within the following maximum turnaround times:

CONSULTANT will conduct expedited plan review on an as-needed basis as requested by CITY.

TECHNICAL CAPABILITIES
CONSULTANT’S staff members selected to provide plans examination and inspection services on behalf of CITY possess significant technical capabilities in the requested disciplines of plans examination and building inspection services requested. All proposed Engineers and Plans Examiners will be appropriately licensed in the State of California and ICC certified and/or CASp certified with extensive experience providing plan review services. All plans examination activities will be performed under the direction of a California licensed professional engineer and/or licensed architect.

PROFESSIONAL SERVICES AGREEMENT

PLAN REVIEW SUPPORT SERVICES
EXHIBIT B: COMPENSATION P a g e | 1
EXHIBIT B: COMPENSATION

PLAN REVIEW SERVICES
For complete plan review services for residential and commercial projects, CONSULTANT will receive a fee equal to 70% of the plan review fee charged by the city utilizing the CITY’S adopted fee schedule. Our proposed plan review fee includes an initial review and up to two back-check reviews. Additional reviews beyond the third review be billed hourly, in accordance with our Schedule of Hourly Billing Rates included below, with advance approval from CITY.

There is no charge for courier or shipping services or electronic transmittal of project documents.

EXPEDITED PLAN REVIEW SERVICES
For expedited or fast-track projects, CONSULTANT will receive a fee of 150% of the above noted fees with the plan reviews being completed in one half the proposed timeframes for regular plan review. The plan review fee includes an initial review and up to two back-check reviews. Additional reviews beyond the third review be billed hourly, in accordance with CONSULTANT’S Schedule of Hourly Billing Rates included below, with advance approval from CITY.

SCHEDULE OF HOURLY BILLING RATES & FEES
CONSULTANT’S current hourly billing rates and fees are as follows:

CITY OF CRESCENT CITY RESOLUTION NO. 2024-11 Page 1
RESOLUTION NO. 2024-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET 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 public works staff currently does not always have the capacity and capability requirements to review submitted plans for large building projects; and WHEREAS, the City has selected a professional firm to assist in the review of submitted building plans on a per project basis; and
WHEREAS, the contractor desiring to build the apartment complex called “Battery Point” is submitting a building permit request for a construction project valued at approximately $55 Million; and
WHEREAS, per city municipal code, the Plan Check fees are 65% of the Building Permit fees (for this project plan check fees are estimated at $219,000), with the Plan Review Service Contractor receiving 70% or less of these fees ($153,500); and
WHEREAS, it is prudent to include some additional budget in the event that the City needs assistance on another project during this fiscal year; and WHEREAS, fulfillment of these priorities requires an amendment to the 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) General Fund $223,000 $156,500
APPROVED and ADOPTED and made effective the same day at a regular meeting of the City Council of the City of Crescent City held on the 20th day of February 2024 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: FEBRUARY 20, 2024
SUBJECT: CONTRACT AMENDMENT TO REGIONAL EARLY ACTION PLANNING

GRANT SUBAWARD AGREEMENT
______________________________________________________________________

RECOMMENDATION
• Approve and authorize the City Manager to execute the Regional Early Action Planning Grant (REAP) Subaward Agreement between the City of Crescent City and the County of Del Norte for Housing Planning Services for the Period August 16, 2023 through June 30, 2024.

BACKGROUND
The Department of Housing and Community Development (HCD) administers the Regional Early Action Planning Grant (REAP) program for eligible jurisdictions in California. This program provides grant funding for technical assistance, preparation, and adoption of planning documents and process improvements to accelerate housing production and facilitate compliance in implementing the sixth cycle of the Housing Element Update. In January 2021, the Del Norte County Community Development Department, acting as the eligible regional entity, was authorized to apply for these funds and was allocated $200,970 from the REAP grant program. The City and County mutually agreed that $90,000 of this allocation would be sub-allocated to the City with the remaining $110,970 allocated to the County. As the grantee, the County is responsible for administering the grant funds.

The County received notification of the grant award on August 21, 2021, but did not receive the agreement until September 8, 2022. The Agreement was fully executed on September 20, 2022. The City’s subaward agreement with the County was executed on November 10, 2022. The term of the agreement ended on August 15, 2023, which coincided with the term of the County’s agreement with HCD. In July 2023, HCD authorized an extension of the REAP grant which extended the County’s expenditure

REAP SUBAWARD AMENDED AGREEMENT
FEBRUARY 20, 2024
2 deadline to December 31, 2024. The County has proposed to extend the City’s subaward to June 30, 2024.

ITEM ANALYSIS
As of August 15, 2023, the City had expended $47,579.55 of the $90,000 available in REAP grant funds. During the original expenditure period from November 10, 2022 to August 15, 2023, the City had two other open grants (LEAP and SB2) which were being used to accomplish very similar objectives. With the two other grants fully expended, City staff is confident that all remaining grant funds for the REAP grant will be expended by the 6/30/24 proposed deadline.

The County has proposed a new subaward agreement to allow the City to continue expending unused REAP funds during the period from August 16, 2023 through June 30, 2024.

FISCAL ANALYSIS
There are no matching funds required for this grant. Extending the deadline for the REAP Subaward Agreement will allow the City to utilize the remaining $42,420.45 in grant funds.

STRATEGIC PLAN ANALYSIS
This report is consistent with the following Strategic Plan Goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors • Goal 1(A): Enhance collaboration with other agencies and the community to better aid the public
• Goal 2(D): Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities
• Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs
• Goal 3: Maintain responsible fiscal management and accountability

ATTACHMENTS

1. REAP Subaward Agreement

REGIONAL EARLY ACTION PLANNING GRANT

SUBAWARD AGREEMENT

Page 1 ends

This Agreement (“Subaward”) is entered into by and between the County of Del Norte as the grant recipient (“County”) and the City of Crescent City as the Participating Agency (“Participating Agency” or “City”) for the Participating Agency to perform the work set forth in this Subaward. The County and Participating Agency are collectively referred to herein as the “Parties.”

RECITALS

1. WHEREAS, Governor Gavin Newsom signed Assembly Bill 101 in September 2019, which established the Local Government Planning Supports Grants Program which allocates One Hundred and Twenty-Five Million Dollars ($125,000,000.00) in housing planning funds to regional entities throughout the state; and

2. WHEREAS, the California Department of Housing and Community Development (“HCD”) has been assigned as the state agency overseeing this program; and

3. WHEREAS, the provisions of AB 101 require the County of Del Norte to administer Two Hundred Thousand Nine Hundred and Seventy Dollars ($200,970.00) in housing planning funds dedicated to jurisdictions located within Del Norte County through the Regional Early Action Planning (REAP) grant; and

4. WHEREAS, County staff has met with City staff, the only other eligible jurisdiction located within Del Norte County, to discuss the REAP grant and distribution of the housing planning funds; and

5. WHEREAS, it was mutually agreed that the City will receive a Ninety Thousand Dollars ($90,000.00) suballocation of the housing planning funds and the County will receive One Hundred Ten Thousand Nine Hundred and Seventy Dollars ($110,970.00); and

6. WHEREAS, as of June 30, 2023, the City has billed Thirty-One Thousand Four Hundred ThirtySeven Dollars and Five Cents ($31,437.05) of the grant funds; and

7. WHEREAS, Subaward Agreement 2022-173 expired on August 15, 2023 and the City has remaining grant funds to spend; and

8. WHEREAS, as of August 15, 2023, HCD has extended the expenditure deadline until December 31, 2024, with all final invoices for reimbursement be delivered to HCD on or before November 1, 2024; and

9. WHEREAS, this Subaward is needed to allow the City adequate time expend its remaining grants funds.

NOW, THEREFORE, in consideration of their various promises and the mutual benefits derived by each party from this AGREEMENT, and in view of the purposes stated above, the parties agree as follows:

AGREEMENT

1. Titles and Contact Information. The titles and contact information for the individuals that will serve as the primary contacts for this Subaward are as follows:

County/Subrecipient: County of Del Norte
981 H Street, Suite 110
Crescent City, CA 95531
707-464-7254/[email protected]

Page 2 ends

Participating Agency: City of Crescent City
377 J Street
Crescent City, CA 95531
707-464-7483/[email protected]

2. Term. The term of this Subaward shall commence on August 16, 2023 and shall expire on June 30, 2024. The Parties may agree to extend the term by mutual written agreement.

3. Roles and Responsibilities. The roles and responsibilities of the parties shall include, but are not specifically limited to the following:
a. County shall be responsible for providing grant administration services including submitting the grant application and providing grant administration in accordance with the Standard Agreement to be entered into between the County and HCD for the REAP funds HCD (“Standard Agreement”; Attached as Exhibit A and incorporated by reference into this Subaward). b. Participating Agency shall be responsible for providing a scope of services that complies with the terms and conditions of eligibility, guidelines, Notices of Funding Availability, and program requirements of the REAP Grant Program. Approval of the scope of services will be made by the County in consultation with the REAP Grant Administrator at HCD.

4. Reporting Requirements. Participating Agency shall, during the term of the Standard Agreement between the County and, submit, upon request of the County or HCD, a performance report that demonstrates satisfaction of all requirements identified in the Standard Agreement.

5. Transfer of Grant Subaward Funds.
a. Total Amount of Funds. The total amount of Grant Subaward funds that may be transferred to the Participating Agency under this Subaward is Fifty Eight Thousand Five Hundred and Sixty Three Dollars ($58,563.00).
b. Invoicing. The Participating Agency shall submit invoices for approval to the County not more frequently than monthly and not less frequently than quarterly. In order to be eligible for reimbursement, invoices shall be for allowable, approved costs incurred in accordance with the terms of this Subaward. All invoices submitted under this Subaward including the final invoice must be received by the County no later than thirty (30) days after the end of the reporting period for that invoice. All invoices should include: Grant Subaward number, Program name, and the period for which payment is being requested. An authorized representative of the Participating Agency shall sign and certify on each invoice that the costs for which reimbursement is requested are the actual costs as recorded in the Participating Agency’s records and as expended for the work actually performed in accordance with the terms of this Subaward.
c. Payment. Payment for allowable, approved expenses shall be made upon receipt by the County of an invoice. Payment shall be contingent upon County’s receipt of Grant Subaward funds and upon the Participating Agency’s compliance with the terms and conditions of this Subaward. All payments shall be subject to correction and adjustment upon audit or any disallowance. The Participating Agency is solely responsible for reimbursing the County for amounts paid to the Participating Agency but disallowed under the terms of this Subaward. The County reserves the right to withhold final payment under this Subaward until acceptance by the County of all services, reports, supplies and/or documentation called for hereunder. Payment terms are net thirty (30) days computed either from the date of delivery and acceptance of the work or from the date of receipt of correct and proper invoices prepared in accordance with the terms of the Subaward, whichever date is later.

Page 3 ends

6. Compliance with All Applicable Requirements. Participating Agency shall be bound by every provision of the Standard Agreement, as shall every subrecipient, contractor and subcontractor which received funds from this Subaward. Copies of all agreements with subrecipients, contractors, and subcontractors shall be submitted to the County.

By entering this Subaward, Participating Agency acknowledges and represents that Participating Agency has read and agrees to be bound by every provision of the Standard Agreement, including but not limited to, those provisions relating to accounting, auditing, procurement and remedies for breach.

Participating Agency shall also comply with any and all applicable state or federal requirements necessary for carrying out its work under this Subaward.

7. Independent Contractor. Participating Agency is and shall at all times remain as to the County a wholly independent contractor. The personnel performing the services under this Subaward on behalf of Participating Agency shall at all times be under Participating Agency’s exclusive direction and control. Neither County nor its employees or agents shall have control over the conduct of Participating Agency or any of Participating Agency’s officers, employees or agents, except as set forth in this Subaward. Participating Agency shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the County. Participating Agency shall not incur or have the power to incur any debt, obligation or liability whatever against County or bind the County in any manner.

8. Assignment. The Participating Agency may not assign, transfer or subaward any part of this Subaward, any interest herein or claims hereunder.

9. Termination. Either Party may at any time cancel this Subaward or renewal thereof, with or without cause, by giving thirty (30) days advance written notice to the other Party, which shall commence on the date of mailing of the written notice by certified mail or personal delivery. The notice shall specify the reason for early termination and may permit the Grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee shall submit any requested documents to the Department within thirty (30) days of the early termination notice. Thereafter, this Subaward shall become null and void except for the portion or portions of payment herein agreed upon for which expenses have been necessarily incurred in the performance of this Subaward.

10. General Release. The Participating Agency’s acceptance of payment of the final invoice under this Subaward shall release the County from all claims of the Participating Agency, and from all liability to the Participating Agency concerning the work.

11. Amendments and Modifications. By mutual written consent, the Parties may make modifications or changes to the work and/or to the terms of this Subaward. Any such modifications or changes shall be in the form of a written amendment signed by authorized representatives of all Parties.

12. Indemnification. Participating Agency shall defend, indemnify and hold harmless County and its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Subaward and Participating Agency’s compliance or lack of compliance with the Standard Agreement. This indemnification provision shall survive termination of the Subaward and remain in effect.

13. Insurance. Participating Agency shall procure and maintain for the duration of the Subaward insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder and the results of that work by the Participating Agency, his agents, representatives, employees, or subcontractors.

Page 4 ends

a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
i) Commercial General Liability (CGL): Insurance coverage on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than One Million Dollars ($1,000,000.00) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Second-Tier Subaward or the general aggregate limit shall be twice the required occurrence limit.
ii) Automobile Liability: Insurance covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage. iii) Workers’ Compensation: as required by the State of California, with statutory limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. b. Additional Insurance Coverage. To the extent coverage is applicable to the services under this Subaward, Participating Agency must maintain the following insurance coverage:
i) Cyber Liability: Insurance with limits not less than Two Million Dollars ($2,000,000.00) per occurrence or claim, Two Million Dollars ($2,000,000.00) in aggregate. c. Other Insurance Provisions.
i) If the Participating Agency maintains broader coverage and/or higher limits than the minimum amounts required by his Subaward, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Participating Agency. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
ii) The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Commercial General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Participating Agency. iii) For any claims related to this Subaward, the Participating Agency’s insurance coverage shall be primary coverage as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County shall be excess of the Participating Agency’s insurance and shall not contribute with it. iv) Each insurance policy required by this Subaward shall provide that coverage shall not be canceled, except with written notice to the County thirty (30) days prior to the policy’s termination date.
v) Participating Agency hereby grants to the County a waiver of any right to subrogation which any insurer of Participating Agency may acquire against the County by virtue of the payment of any loss under such insurance. Participating Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.
vi) The Participating Agency shall contractually require and verify that all subcontractors maintain insurance applicable to their scope of work, meeting all the indemnity and insurance requirements required of the Participating Agency under this Agreement, and shall also require its subcontractors to provide endorsements (a.) Naming the County as an

Page 5 ends

additional insured, (b.) Agreeing that the subcontractor's insurance shall be primary and shall not require contribution from the County's insurance or self-insurance program, and (c.) Waiver of subrogation rights in favor of the County and provide proof of such upon the County's request.
vii) Prior to commencing any work under this Subaward, Participating Agency shall furnish County with certificates of insurance and original endorsements evidencing the coverage, limits, and conditions required by this Second-Tier Subaward.

14. Appropriated Funds. The continuation of this Subaward shall be subject to sufficient appropriated funds being received by County to administer and support the Program. In the event sufficient funds are not available or are discontinued at any time, the County may cancel this Subaward by delivering written notice to the Participating Agency.

15. Notices. All notices required or permitted by this Subaward shall be by written instrument and shall be mailed by certified mail or personally delivered to the respective primary contact listed in Section 1 of this Subaward.

16. Waiver. No waiver of any breach of this Subaward shall be held to be a waiver of any other subsequent breach. The failure of the County or Participating Agency to enforce at any time any of the provisions of this Subaward, or to require at any time performance of any of the provisions thereof, shall in no way be construed to be a waiver of such provisions nor in any way affect the validity of this Subaward or effect the rights of the County or Participating Agency to thereafter seek enforcement of the Subaward.

17. Applicable Law. This Subaward shall be interpreted and governed by the laws of the State of California and venue shall be the Superior Court for the County of Del Norte.

18. Entire Agreement. This Subaward is the complete agreement of the Parties and supersedes all prior understandings regarding the services provided hereunder.

19. Counterparts and Electronic Signatures. This Subaward may be executed in one or more counterparts, and counterparts may be exchanged by facsimile, email or other electronic transmission, each of which will be deemed an original, but all of which together constitute one and the same instrument.

IN WITNESS WHEREOF, the respective parties
have executed this Subaward on the dates
indicated below.

COUNTY OF DEL NORTE as Grant Recipient
By:
(Signature of Authorized Official of County)
Name: __Dean Wilson_______________
Title: _Chair, Board of Supervisors_________
Date: ___________________________

Page 6 ends

City of Crescent City as Participating Agency
By:
(Signature of Authorized Official of Participating Agency) Name: Blake Inscore
Title: Mayor
Date: ___________________________

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: FEBRUARY 20, 2024
SUBJECT: POSITION CONTROL AMENDMENT AJUSTING THE SALARY RANGE

OF THE FIRE CHIEF POSITION
______________________________________________________________________

RECOMMENDATION
• Approve and adopt Resolution No. 2024-12, A Resolution of the City Council of the City of Crescent City Amending the Budget and Position Control for Fiscal Year 2023 - 24

BACKGROUND / ITEM ANALYSIS
In recent years, there has been a national trend of declining interest in firefighting careers, resulting in recruitment challenges for fire departments across the country. Offering a competitive salary package for the Fire Chief position is crucial to overcoming these recruitment hurdles and maintaining a robust leadership team.

The Fire Chief plays a critical role in ensuring public safety and managing emergency response services. The position requires extensive experience, knowledge, and leadership skills. A competitive salary is essential to acknowledge the level of responsibility and expertise demanded by the role.

The Fire Chief is a contract department head position for the City providing services to the Crescent Fire Protection District through the Emergency and Fire Response Services Agreement. The City and Fire District have formed a 2x2 committee to discuss items of mutual concern. Recently, multiple Fire Administrator positions have been advertised with higher salary ranges than the current City Fire Chief position prompting a request for an evaluation of this position.

In 2021, the Arcata Fire District commissioned a compensation study. That study compared 10 other similar fire service agencies which resulted in a recommended annual salary range of $123,281 to $149,843 to be comparable to the labor market. The study also evaluated the services of Fire Marshal and Fire Inspector. Although these positions

FIRE CHIEF POSITION CONTROL AMENDMENT
FEBRUARY 20, 2024
2 did not have sufficient matches in the comparable agencies, the study recommended a midpoint annual salary of $48,420 for Fire Inspector and $101,448 for Fire Marshall.

The City Fire Chief is a unique position with multiple duties and responsibilities. These responsibilities include:
• Fire Operations Chief for Crescent City Fire and Rescue responsible for the management and training of approximately 25 volunteers and 3 career captains;
• Providing up to 84 hours per week of on-call duty coverage; • Fire Administrator for the Crescent Fire Protection District responsible for the District budget and reporting to the District Board;
• City Fire Chief reporting to the City Manager;
• City and District Fire Marshal; and
• City and District Fire Inspector.

In consideration of this, the City / District 2x2 committee met on January 11, 2024, and discussed potential increases to the Fire Chief salary range. After thorough analysis and consideration, the 2x2 committee recommended increasing the Fire Chief Salary to be more competitive with the comparable labor market, while also considering the multiple additional duties stated above including Fire Marshal and Fire Inspector. The existing salary range is $98,497 to $123,484. The proposed range is $121,243 to $152,000.

The Crescent Fire Protection District Board considered the 2x2 committee’s recommendation at their regular meeting on February 12, 2024. After discussion and consideration, the District Board unanimously approved a letter to the City Council recommending the Council approve the salary range increase (see attached District Board letter to the City dated 2.12.24). If approved by the City Council, the proposed changes to the salary would take effect February 25, 2024.

FISCAL ANALYSIS
The total annual fiscal impact for the proposed salary range amendment is an increase of $29,832 in wages and $8,966 in benefits. Per the Emergency and Fire Response Services Agreement the Fire Chief personnel expenses is shared 50% by the City and 50% by the District. The City receives a 7% admin charge for administration of the services agreement. Thus, the total fiscal impact for the City for the remainder of this fiscal year (February 25, 2024 - June 30, 2024) is estimated to be a net increase of $6,245 ($13,430 in expenses and $7,185 revenue from the Fire District), and the net annual increase is estimated at $18,041 ($38,798 in expenses and $20,757 in revenue from the Fire District). Attached to this staff report is a full breakdown of the wage and benefit increases associated with this proposed change.

STRATEGIC PLAN ASSESSMENT
This action meets the following goals and objectives of the City’s Strategic Plan:

FIRE CHIEF POSITION CONTROL AMENDMENT
FEBRUARY 20, 2024
3 GOAL 1: SUPPORT QUALITY SERVICES AND COMMUNITY SAFETY TO ENHANCE THE LIVES OF OUR CITIZENS AND VISITORS; A. Enhance collaboration with other agencies and the community to better aid the public; C. Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States.

GOAL 3: OBTAIN THE HIGHEST LEVELS OF ORGANIZATION EXCELLENCE; E.

Recruit and retain highly qualified employees.

ATTACHMENTS

1. Resolution No. 2024-12 Amending FY 2023-24 Budget and Position Control

2. Cost Impact Analysis for Fire Chief Salary Range Amendment

3. Crescent Fire Protection District Letter Requesting Council Consideration of the Fire Chief Salary Range Amendment
CITY OF CRESCENT CITY RESOLUTION NO. 2024-12 Page 1
RESOLUTION NO. 2024-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE BUDGET AND POSITION CONTROL FOR FISCAL YEAR 2023-24 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 Council has adopted the Position Control along with the budget which lists authorized classifications and annual wage ranges for City employees and has the authority to update the Position Control when necessary; and
WHEREAS, recruiting and retaining high quality employees is an important priority of the City; and WHEREAS, the position of Fire Chief is critical to the City and the salary range is recommended to be increased to be more competitive with the market; and
WHEREAS, the Fire Chief also provides services to the Crescent Fire Protection District, which reimburses the City for its share of the cost and has recommended this increase to the City Council; and WHEREAS, the fulfillment of these priorities requires an update to the Position Control and budget of the City.

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

Fund
Revenue Increase
(Decrease)
Expenditure Increase
(Decrease)
General Fund $7,185 $13,430

2. That the Position Control attached is hereby approved.

PASSED AND ADOPTED and made effective the same day by the City Council of the City of Crescent City on this 20th day of February 2024, by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
City of Crescent City
Position Control
Authorized Positions & Pay Ranges FY23-24
Approved 02.20.24; Effective 02.25.24
Position Title Bargaining Unit Min Annual Max Annual Min Annual Max Annual Current Auth
FTE Change
Proposed
FTE Notes
Administration
City Manager Contract 111,947 143,044 111,947 143,044 1.00 1.00 City Attorney Contract 106,350 133,330 106,350 133,330 1.00 1.00 City Clerk / Administrative Analyst CCMEA 66,219 80,501 66,219 80,501 1.00 1.00 HR Manager CCMEA 57,195 69,539 57,195 69,539 1.00 1.00
Information Systems Administrator CCMEA 75,570 91,851 75,570 91,851 1.20 1.20 IT / GIS Technician CCMEA 49,419 60,069 49,419 60,069 1.00 1.00 Finance
Director of Finance Contract 98,497 123,484 98,497 123,484 1.00 1.00 Finance Analysts 1.00 1.00
Finance Analyst 2 CCMEA 63,077 76,669 63,077 76,669
Finance Analyst 1 CCMEA 57,195 69,539 57,195 69,539
Finance Technician 1.50 1.50
Finance Technician CCMEA 51,892 63,077 51,892 63,077
Finance Technician Extra Help (Retired Annuitant) Unrepresented 51,892 63,077 51,892 63,077 Account Clerks 2.48 2.48
Account Clerk 2 CECC 40,664 49,421 40,664 49,421
Account Clerk 1 CECC 36,878 44,824 36,878 44,824
File Clerk Unrepresented 34,320 41,725 0.25 0.25
Fire
Fire Chief Contract 98,497 123,484 121,243 152,000 1.00 1.00 Adjust range Career Fire Captain *** Unrepresented 68,256 82,965 68,256 82,965 3.00 3.00 Fire Dept Admin Specialist CECC 47,050 57,200 47,050 57,200 1.00 1.00 Police
Chief of Police Contract 98,497 123,484 98,497 123,484 1.00 1.00 Lieutenant CCPOA 92,332 106,547 92,332 106,547 - -
Sergeant CCPOA 73,840 91,624 73,840 91,624 4.00 4.00
Police Officers and Recruits 10.00 10.00
Police Officer CCPOA 54,496 72,800 54,496 72,800
Police Officer - Limited Term CCPOA 54,496 72,800 54,496 72,800 Police Recruit CCPOA 40,144 40,144 40,144 40,144
Exec Assistant, Records Specialist 1.50 1.50
Executive Assistant to the Chief CECC 47,050 57,200 47,050 57,200 Records Specialist CECC 44,824 54,475 44,824 54,475
Planning, Building & Code Enforcement
Planning Technician CCMEA 49,419 60,069 49,419 60,069 - - Building Inspector & Code Enforcement Officer * CCMEA 54,477 66,219 54,477 66,219 0.60 0.60 Building Inspector & Code Enf Officer Extra Help (Retired Annuitant) Unrepresented 54,477 66,219 54,477 66,219 0.48 0.48 Com Dev Spec, Office Tech ** 1.00 1.00
Community Development Specialist CECC 40,664 49,421 40,664 49,421 Office Technician CECC 36,878 44,824 36,878 44,824
Economic Development and Recreation
Economic Development and Recreation Director Contract 92,618 116,137 92,618 116,137 1.00 1.00 Grants and Economic Development Coordinator CCMEA 63,077 76,669 63,077 76,669 1.00 1.00 Economic Development and Recreation Assistant Unrepresented 35,457 43,105 35,457 43,105 0.48 0.48 RV Park Supervisor CCEA 42,690 51,892 44,398 53,968 1.00 1.00 Campground Attendant Unrepresented 32,427 39,416 32,427 39,416 - - Aquatics Supervisor CCMEA 49,419 60,069 49,419 60,069 1.00 1.00 Relief Supervisor/Lesson Coordinator CCEA 42,690 51,892 44,398 53,968 2.00 2.00 Part-time Lifeguards 6.02 6.02

6.02 full-time equivalents (each FTE equal to
2080 hours per year) for a total of 12,520
hours divided among all part-time lifeguards
Lifeguard - Designated Head Lifeguard Unrepresented 33,800 38,480 33,800 38,480 Lifeguard - Part-Time Unrepresented 32,760 38,480 32,760 38,480 Aquatic Specialty Program Instructor Unrepresented 34,840 38,480 34,840 38,480 Water Safety Aide Unrepresented 33,280 35,360 33,280 35,360 Public Works
Director of Public Works Contract 98,497 123,484 98,497 123,484 1.00 1.00 Engineering Project Manager CCMEA 63,077 76,669 63,077 76,669 2.00 2.00 Engineering Technician CCMEA 49,419 60,069 49,419 60,069 - - Public Works Maintenance Manager CCMEA 76,669 93,179 76,669 93,179 1.00 1.00 Public Works Parks / Buildings / Maintenance Workers & Equipment Operators 13.00 13.00
Maintenance Workers
Senior Public Works Maintenance Worker CCEA 51,892 63,077 53,968 65,600 Maintenance Worker III CCEA 42,690 51,892 44,398 53,968 Maintenance Worker II CCEA 38,724 47,057 40,273 48,940
Maintenance Worker I CCEA 36,875 44,829 38,350 46,622
Maintenance Worker 1 (part-time and seasonal) Unrepresented 36,875 44,829 38,350 46,622 Equipment Operators
Equipment Operator II CCEA 47,057 57,195 48,940 59,483
Equipment Operator I CCEA 40,663 49,419 42,289 51,396
Senior Bldgs & Parks Maintenance Worker CCEA 42,690 51,892 44,398 53,968 EMOT 3.00 3.00
Senior Electrical Mechanical Operations Technician CCEA 69,539 84,512 72,320 87,892 Electrical Mechanical Operations Technician II CCEA 60,069 73,015 62,472 75,935 Electrical Mechanical Operations Technician I CCEA 51,892 63,077 53,968 65,600 Utility Mechanic CCEA 42,690 51,892 44,398 53,968 1.00 1.00 Laboratory Director CCMEA 66,219 80,501 66,219 80,501 1.00 1.00 Laboratory Assistant / Tech 1.00 1.00
Laboratory Technician II CCEA 54,477 66,219 56,656 68,868 Laboratory Technician I CCEA 44,829 54,477 46,622 56,656 Laboratory Assistant CCEA 36,875 44,829 38,350 46,622
Fleet Mechanics 2.00 2.00
Senior Mechanic CCEA 60,069 73,015 62,472 75,935
Mechanic II CCEA 47,057 57,195 48,940 59,483
Mechanic I CCEA 38,724 47,057 40,273 48,940
Housing Authority
Housing Authority Director Contract 92,618 116,137 92,618 116,137 1.00 1.00 Housing Authority Inspector CCEA 42,690 51,892 44,398 53,968 - - Tenant Services Technician CECC 44,824 54,475 44,824 54,475 2.00 2.00 Office Technician CECC 36,878 44,824 36,878 44,824 1.00 1.00 Totals 77.51 - 77.51
* Split between Building/Code Enforcement and Housing Authority ** Split between Planning and Public Works
*** Annual wages based on 48/96 schedule including scheduled FLSA overtime Pay ranges do not include special pay, i.e. certification, longevity, merit, etc.

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

Pay Range - Current Pay Range - Update
Current Proposed
Annual
Increase
Wages
Annual salary 123,484 152,000 28,516
Admin leave paid out (80 hours) 4,749 5,846 1,097
Floating holiday paid out (16 hours) 950 1,169 219
Extra duty pay 2,800 2,800 -
Total wages 131,983 161,815 29,832
Benefits
PERS 24,635 30,324 5,689
Medicare 1,914 2,346 433
Workers comp 9,814 12,033 2,218
Retiree benefits 2,772 3,398 626
Health benefits 28,832 28,832 -
Total Benefit 67,967 76,933 8,966
Total Costs 199,950 238,748 38,798
Est. Annual Budget Impact
Annual increase 38,798
Half of increase 19,399
Admin charge (Paid by District) 1,358
City annual increase 18,041
Est. FY23/24 Impact
Increase 2/25/24 - 6/30/24 13,430
Half of increase 6,715
Admin charge (Paid by District) 470
City annual increase for FY23/24 6,245
Current Proposed
Salary range min 98,497 121,243
Salary range max 123,484 152,000
Range 24,987 30,757
Range as % of min 25.4% 25.4%
Cost Impact Analysis
Fire Chief Salary Amendment

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: FEBRUARY 20, 2024
SUBJECT: COMMUNITY CORRECTIONS PARTNERSHIP FUNDS
______________________________________________________________________

RECOMMENDATION
• Approve and Adopt Resolution No. 2024-13, 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
In 2011, AB 109 was passed through legislature and changed how local agencies deal with offenders who would normally be sentenced to state prison but are now put on Post Release Community Supervision (PRCS) and Mandatory Supervision, and also how offenders on felony probation would be monitored in each county.

As part of the Public Safety Realignment Plan for 2023/2024, members of the Community Corrections Partnership (CCP) met and voted on the structure of the budget for the 2023/2024 fiscal year. The members of the CCP include the following:

Lonnie Reyman – Chief Probation Officer
Garrett Scott – Del Norte County Sheriff
Richard Griffin – Chief of Police
Esparanza Esparza – Court Executive Officer
Katherine Micks – Del Norte County District Attorney
Keith Morris – Public Defender
Ranell Brown – Director Health and Human Services
City Council Agenda Report

CCPD COMMUNITY CORRECTIONS PARTNERSHIP BUDGET
February 20, 2024
2 ANALYSIS
During 2023 budget talks, the CCP Committee approved an overall budget that totaled $1,615,882.00. Of this budget, the Crescent City Police Department was allotted $40,000 to be used for staff development and equipment.

FINANCIAL IMPACT
Both the General Fund revenues and expenses will be increased by $40,000 resulting in a net zero effect on the General Fund working capital balance.

STRATEGIC PLAN ANALYSIS
The staff training and equipment being acquired meets the goals and objectives of Goal 1: “Support quality services and community safety to enhance the lives of our citizens and visitors”, Subsection C. “Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States”

ATTACHMENTS

1. Resolution No. 2024-13

2. Public Safety Realignment Plan 2023/24
CITY OF CRESCENT CITY RESOLUTION NO. 2024-13 Page 1
RESOLUTION NO. 2024 - 13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF CRESCENT CITY
WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of
June 2023; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, in 2023 the Community Corrections Partnership Committee met and finalized the Public Safety realignment Plan for 2023/24; and
WHEREAS, the City Chief of Police justified the need for equipment and staff development; and WHEREAS, on February 13, 2024, the Del Norte County Board of Supervisors approved the overall budget transfer of $1,615,882.00 for the Community Corrections Partnership budget, of which $40,000.00 is allocated to the Crescent City Police Department; and WHEREAS, fulfillment of this priority requires an amendment to the City’s Fiscal Year 2023-24 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) General Fund $40,000 $40,000
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 February 2024 by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
Del Norte County
Public Safety Realignment Plan
2023/24
1 Contents
BUDGET DESCRIPTION 3
FUNDING ALLOCATION & ESTIMATED GROWTH FUNDS 3
PROBATION 3
PAYROLL 3
OFFENDER SERVICES 4
OPERATING EXPENSES 5
DEPARTMENT OF HEALTH & HUMAN SERVICES 5
MENTAL HEALTH 5
ALCOHOL AND OTHER DRUGS 5
DISTRICT ATTORNEY / PUBLIC DEFENDER 5
SHERIFF’S OFFICE 6
CRESCENT CITY POLICE DEPARTMENT 6
SPECIAL PROJECTS 6
FINANCIAL RESERVE 7
LOCAL INNOVATION SUBACCOUNT 7
2023/24 COMMUNITY CORRECTIONS PARTNERSHIP BUDGET 8
SUMMARY 10
APPROVAL 11
2 Budget Description
Funding allocation & estimated growth funds
AB 109 funding is directed to counties from a state-level Community Corrections Subaccount.

Annual funding for the Community Corrections Subaccount is dictated by the 2011 Realignment fiscal structure set forth in statute, and the overall funding level produced by the dedicated state sales tax within a given fiscal year. Specific county-by-county allocations are made according to a permanent formula developed several years ago by a nine-member County Administrative Officer committee with assistance from the California State Association of Counties.

For the 2023/24 fiscal year, it is estimated that our annual allocation will be increased, likely due to the overall state budget surplus.

Funding is distributed to multiple agencies in accordance with the desires of the Community Corrections Partnership. Following is a description of the planned use of these funds for FY 23/24, followed by a more detailed budget.

Probation
Probation serves as the supervising agency for Postrelease Community Supervision (PRCS) and Mandatory Supervision (19.9) offenders, as well as felony probationers in Del Norte County.

The PRCS population is made up of those offenders who were sentenced to state prison but, generally, fall into categories of non-violent, non-serious (both according to statutory definitions0, and non-registerable (sex registration) offenders. Although this is by no means a precise definition of this offender population, it generally describes the majority of offenders who serve out state prison sentences and return to county supervision.

The Mandatory Supervision population (19.9 colloquially in Del Norte County, referring to the Penal Code section) are those offenders who serve prison sentences that are statutorily required to be served in County Jail. The court chooses in some cases to order part of the sentence to be served in custody and part of the sentence to be served on supervision, under the purview of the county probation department. These 19.9 offenders serve out the balance of their prison sentence in the community, earning credit each day toward the fulfillment of their sentence.

Both PRCS and Mandatory Supervision were created by 2011 Public Safety Realignment

PAYROLL
As has been the case in past years, each staff’s time spent working, including probation officers and non-sworn support staff, is time-studied to appropriate categories. The bulk of payroll expenses are dedicated to Probation Officers supervising and working with PRCS, 19.9, and high-risk felony probation offenders. Smaller portions of support staff salaries, which are 3 time-studied, are also paid for out of the payroll expense. This includes support staff such as legal clerk and an analyst position.

With the change enacted in Juvenile Services in the past year, a second Program Coordinator position has been added to the Department, creating a dedicated position to provide and coordinate programs for the Adult Services. As a result, the CCP has chosen to fully fund this position utilizing realignment funding and this cost is also reflected in the Payroll line.

OFFENDER SERVICES
Electronic monitoring
Since 2015, the Community Corrections Partnership has agreed that an effective EM program can assist in intensive supervision and provide a custody alternative for those in jail custody that will directly impact jail population and costs. Since that time the Partnership has allocated funding to allow the Sheriff to utilize the EM/Home Detention program operated by Probation to help manage jail population. Given the numerous issues presented by the response to COVID, both by the State and locally, as well as the compounding issues of a dated facility, this need has not diminished. The use of this program demands a proactive approach by jail staff, and the careful and regular coordination with the Probation Department. The Partnership is dedicated to ensuring that every option be utilized to the greatest extent possible to maintain the safe operation of the county jail and facilitate the appropriate alternative custody arrangements.

Housing
Probation continues to assist in finding housing for offenders who are homeless or need a clean and sober environment in order to remain compliant with their conditions. This has proven to be a critical need over the last several years as many offenders have received accelerated releases from State Prison and county jail. Resources that have been utilized are primarily local motels and the various Oxford Houses.

Programs
The Probation Department continues to facilitate the offering of Financial Peace University to develop basic financial literacy, the Change Companies cognitive behavioral therapeutic workbook programs. With the shift to a dedicated Program Coordinator for adult offenders, the Department will look to expand on this foundation and work to identify additional programs that can be implemented as well as more effectively manage programs that are in existence, such as the batterer’s programs and community work service. In conjunction with referrals to programs offered by other agencies, these programs facilitated in-house can empower offenders to make significant changes in their lives, changing the heritage they received from previous generations and leaving a new legacy for their own families.

We are in the final stages of establishing a Memorandum of Understanding with the SMART Workforce Center to enable them to operate a Prison to Employment program that was previously grant funded and served a number of our offenders by providing job-finding services.

Given the cost per participant, at this time we are projecting a cost of $171,000 to pay for 10 offenders to go through the program.
4 Funding continues to be set aside to ensure Probation remains in compliance with the structure of the Containment Model to supervise sex offenders, to provide accountability via UA testing, and to offer simple incentives to offenders to inspire them to continue to make right choices in the face of life’s difficulties.

OPERATING EXPENSES
Funds continue to be set aside to cover the general expenses associated with supervising offenders. Office supplies, vehicle maintenance, case management and policy systems, officer training and equipment are all paid for with this funding.

For a number of years the Probation Department has been working to find a way to secure a new case management system (CMS) that would provide better functionality internally as well as provide the opportunity for connectivity with other local agencies. The Courts have rolled out a new CMS this year, and with the requirements and funding of SB 129, the Department was able to complete an RFP and enter into a contract with Tyler Technologies for a new CMS. With the intent that all, or a significant portion, of this project will be funded by SB 129, there is a portion of the cost that has been allocated by the Partnership to make this transition a reality.

Department of Health & Human Services
This category includes an array of in-custody services provided by Behavioral Health to offenders currently housed in the County Jail.

MENTAL HEALTH
Mental Health continues to provide Moral Reconation Therapy (MRT) and other services for offenders in county jail. Monies set aside in this category help fund Mental Health staff to continue these groups and any other materials needed or costs associated with this program.

ALCOHOL AND OTHER DRUGS
AOD continues to provide substance abuse programming for these populations in custody where funding sources for such programs are limited.

District Attorney / Public Defender
The District Attorney and Public Defender offices have assumed the responsibility for prosecuting and defending realigned offenders since 2011. In addition, in the last several years they have been tasked with handling parole violations locally as well. To supplement the funds that these offices already receive, money has been budgeted to cover other demonstrated costs.

Because of the ongoing work to establish a Public Defender’s Office for the county, an amount equivalent to the District Attorney’s has been allocated this year for a case management system for that office.
5 Sheriff’s Office
The Sheriff’s Office has received Community Corrections funding each year since realignment to offset the cost of housing realigned offenders, specifically 1170(h) offenders who are serving both straight and split prison sentences in county jail. The DNSO will again receive a portion of total funding to offset this cost. This amount has been increased this year in light of both eligible inmate costs that typically exceed the standard allocation, as well as the availability of unallocated funds for the current fiscal year.

Similarly, funds are again set aside to reimburse the Sheriff’s Office for incarcerating offenders using flash incarceration. Title 2.05 of the Penal Code makes allowance for the use of flash incarceration for offenders on PRCS as an intermediate sanction.

Due to a surplus that has been accumulated over the last several years because of the inability of departments to draw down the funds as a result of the ongoing county-wide staffing crisis, the Partnership has agreed to allocate a significant amount of funding to jail improvements. The poor condition of the jail and the impacts on the broader community have reached a critical juncture and the Partnership believes we have an opportunity to assist in solving this problem.

Additionally, funds have been allocated to the Sheriff’s Office to support the ongoing development of a shooting and training range. For a number of years, the DNSO, Del Norte Probation, and Del Norte DA's Office have had to work around the schedule of Pelican Bay Prison in order to train and qualify staff. A vacant parcel of land in Smith River has been offered to the Sheriff’s Office by Green Diamond Resource Company at no cost for the use of the land.

This funding would enable the Sheriff to establish a Law Enforcement shooting and training area that can be used jointly for local Law Enforcement. The location is pre-set and the Sheriff’s Office is in the process of signing a contract with Green Diamond for use of the property. Nearly all items that would be purchased for development of the range will be portable to a degree so that in the case of unforeseen circumstances the range location could be moved with minimal cost.

Crescent City Police Department
The Crescent City Police Department serves the only incorporated city within Del Norte County and thereby the majority of the population in one form or another, either as a home or as a hub for major services provided in the county. Because of this, the Partnership has allocated funds for staff development and equipment that provide for community safety in the Police Department’s role as a partner in the local justice and community corrections system.

Special Projects
Progress was made during the last year in planning for a Reentry Coordinator position which has the unanimous support of the Partnership. This position would be primarily dedicated to reentry planning for all offenders being released from county jail, not only those who are Realignment-specific. While the concept and basic plan has been created, it is still undetermined what department would manage this position and what braided funding sources would be used to 6 fully fund the position. Because of the commitment to the concept and the imminence of implementation, the Partnership has set aside an allocation to partially fund the position, envisioning that braided funding sources would be used, and project cost in the event we are able to finalize the details this fiscal year.

Financial reserve
Good fiscal policy dictates that a reserve be set aside to deal with unforeseen contingencies or future cuts in funding. A reserve will ensure that programs and services can avoid disruption or abrupt termination. Action was taken by the Partnership in early 2020 to cap the CCP’s financial reserve and maintain a reserve that is equal to 20% of the averaged total allocation of the last three years ($1,577,358), which equates to $315,472 this fiscal year. As a result, an amount of $31,752 will be allocated to the reserve account this fiscal year to bring it to that amount from last year’s reserve amount of $252,953.

Local Innovation Subaccount
Local innovation subaccount funds are a percentage of growth funds received each year that is allocated to the County Board of Supervisors; this process occurs as a matter of course by the County Auditor when the funds are received. Often distribution of these funds by the State to the County occurs after the fiscal year has ended. Currently no growth funds have been transferred for FY 22/23 and there is no projection of growth funds for FY 23/24, therefore this line has been removed from the budget below.
7 2023/24 Community Corrections
Partnership Budget
Probation Department
Payroll 290,000
290,000
Offender Services
● Electronic monitoring (supervision & Pretrial) 4,500
● Living Skills - Financial Peace University 4,000
● Housing (Oxford House, motels etc.) 17,000
● Sex offender containment model 2,000
● UA testing 11,500
● Offender incentives 8,500
● Prison to Employment 171,000
218,500
Operating expenses
● Case management and electronic supervision systems 95,045 ● Office supplies 3,500
● Lexipol (department policy system) 4,000
● Vehicle operation & maintenance 10,825
113,370
Staff development & personal equipment
● Officer training 20,000
● Clothing & safety equipment (uniforms, body armor, safety equipment) 4,300
● Duty equipment & maintenance (officer equipment, radio, firearm maintenance) 4,600
● Body cameras 8,500
● Ammunition 9,000
46,400
Subtotal 668,270
Department of Health & Human Services
General in-custody Behavioral Health Services 30,000
AOD 40,000
Mental Health
● In-Custody Moral Reconation Therapy 30,000
Subtotal 100,000
District Attorney / Public Defender
8 District Attorney 12,000
● Case Management System 1,100
Public Defender 12,000
● Case Management System 1,100
Subtotal 26,200
Sheriff’s Office
Sheriff’s Office
● 1170(h) Inmate Reimbursement 772,000
● Flash Incarceration 15,000
Jail Facility Improvements 1,389,796
Shooting and Training Range Development 40,000
Subtotal 2,216,796
Crescent City Police Department
Staff development & equipment 40,000
Subtotal 40,000
Special Projects
Reentry Coordinator 60,000
Subtotal 60,000
Financial Reserve
Financial reserve 62,519
Subtotal 62,519
FY 23/24 reserve balance 315,472
Total Local Budgeted Expenditures 3,173,785
Estimated Allocation
Base AB109 Allocation 1,689,233
PRCS funds 20,500
Total Estimated Allocation 1,709,733
Fund Balance 1,464,052
Balance (total allocation + fund balance - expenditures) 0 9 Summary
The Partners continue to work toward the goal of community safety and the successful reintegration of offenders, even in the midst of trying times brought on by the aftermath of a global pandemic. There continues to be a great need for providing support and structure to our offenders who are attempting to pay their debt to society and change the trajectory of their family legacy. Building agencies’ capacities to serve offenders is complemented by building capacities in the offenders themselves to better manage their behavior and lifestyles so that they can more successfully engage in the challenges that life inevitably presents each person. In the upcoming fiscal year we look forward to the continuation of programs that benefit our community and the implementation and exploration of further resources that will continue to enhance the supervision of offenders.
10 Approval
Darrin Short Date
Chair, Del Norte County Board of Supervisors
Lonnie Reyman Date
Chair, Community Corrections Partnership
Garrett Scott Date
Sheriff
Esparanza Esparza Date
Court Executive Officer
Katherine Micks Date
District Attorney
Richard Griffin Date
Chief of Police
Keith Morris Date
Public Defender
11 Ranell Brown Date
Director Health and Human Services
12 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: FEBRUARY 20, 2024
SUBJECT: PUBLIC HEARING TO CLOSE OUT GRANT 20-CDBG-12012 ______________________________________________________________________

RECOMMENDATION
• Open public hearing
o Hear staff report
o Technical questions from the Council
o Receive public comment
o Further Council discussion
• Close public hearing
• Approve the final accomplishments under Community Development Block Grant contract # 20-CDBG-12012; and
• Direct staff to submit final closeout documents to Department of Housing and Community Development (HCD)

BACKGROUND
Under the City’s 20-CDBG-12012 grant contract, the City is required to hold a public hearing to review the accomplishments of the grant and to approve its closeout. The grant agreement also requires the City to solicit citizen input regarding the outcome and accomplishments of the grant. Notice of this public hearing was published in the Triplicate on February 7, 2024.

This grant agreement covered the following activity:

Public Service – FRC Food Pantry – Food Bank - $500,000 The grant agreement between the City and the State was executed January 27, 2021 with a deadline of January 26, 2024 to spend the funds. All projects were completed within budget and within the timeframe established by the grant contract.

CDBG CLOSEOUT # 20-CDBG-12012
FEBRUARY 20, 2024
2 ITEM ANALYSIS
The City entered into a Subrecipient Agreement with The Family Resource Center of the Redwoods (FRC) to provide food pantry services on May 5, 2020, however, the grant expenditure period did not begin until January 27, 2021, as that is when the City’s contract with HCD was executed. During the grant expenditure period, Pacific Pantry served a total of 2,453 households or 6,008 individuals. Pacific Pantry reached a total of 1,873 new households since January 2021.

Pacific Pantry offers fresh local produce, fish, protein, dairy and staple pantry items to individuals who are invited to choose their food items from a "shopping" list, with quantity determined by family size. Pacific Pantry collaborates with the Cal-Fresh Healthy Living “Harvest of the Month” program to highlight fresh produce each month with recipes and food demos. Pacific Pantry patrons also have access to the Emergency Food Assistance Program (TEFAP), as well as the CSFP Senior Food Box program during visits to the pantry. Pacific Pantry supports Del Norte Mission Possible, who provides outreach and support services to the homeless. As a sub-ERA to Pacific Pantry TEFAP program, Mission Possible is able to provide meals to over 200 homeless individuals each month.

Pacific Pantry's food recovery program accepts and distributes donations from the school district, local stores, vendors, gardens, restaurants, and local residents in an effort to keep more edible food out of our landfills.

In August of 2023, Pacific Pantry distributions were disrupted by the Smith River Complex fires and long-term power outages which affected a huge, isolated portion of Northern California and created food shortage issues. Pacific Pantry staff packed and distributed 150 emergency bags of pantry food that was distributed at various locations. During the Smith River Complex fires, Pacific Pantry served 707 households (2088 individuals) with emergency food and locally donated food.

FISCAL ANALYSIS
This project was funded by a Community Development Block Grant (CDBG) of $500,000 and there was no match required for this grant. Unused general admin grant funds of $0.71 will be disencumbered by the grantor.

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 2(F): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs

ATTACHMENTS

1. Closeout Documents
Version 7/12/2022 1
CDBG Combined Closeout Package
CDBG Award/Contract Number (fill in):

Checklist
I/we have completed the following forms. Check all that apply.

Closeout Certification
Acquired Property Inventory
Disencumbrance of Funds Acknowledgement/Request
Completion Report Acknowledgement
 Completion Report uploaded or attached
Section 3 Compliance Acknowledgement
Section 3 Closeout Report (complete only if applicable)  Select and complete correct form based on award date
Section 3 Qualitative Efforts (complete only if applicable) Affidavit of Posting Notice
 Proof of posting also upload/attached (e.g., picture of the website posting with date stamp, newspaper clipping, or a photo of the document posted in a public place noted on affidavit)
If this award included a planning activity, I/we have uploaded or attached ALL of the following:
 Final Product(s)
 Documentation of Public Hearing to accept final product(s) (e.g., copies of announcements, posting, etc.)
 Board Resolution accepting each/all final product(s)
CDBG Combined Closeout Package Signature
CDBG – Closeout Certification
Version 7/12/2022 1
Closeout Certification
I (name of authorized representative), ________________________________, hereby certify that all activities undertaken by the Grantee with funds provided under CDBG Award/Contract Number _________________________ have, to the best of my knowledge, been carried out in accordance with the award/contract agreement; that proper provision has been made by the Grantee for the payment of all costs and claims; that the State of California is under no obligation to make further payment to the Grantee under the award/contract agreement; and that every statement and amounts set forth in all Financial Reports are to the best of my knowledge, true and correct.

The Grantee shall continue to comply with the State CDBG program income reporting requirements.

All costs incurred subsequent to the most recent annual audit period will be audited at the time the Grantee’s next annual audit is conducted in accordance with 2 CFR 200, Subpart F. The Grantee will resolve any audit findings relating to both the program and financial aspects of the award/contract. In the event there are any costs which are disallowed by this audit or any subsequent audits which cover CDBG expenditures, and which are sustained by the Department of Housing and Community Development, the amount of such costs shall be returned to HCD.

CDBG – Acquired Property Inventory
Version 7/12/2022 1
Acquired Property Inventory
Complete the table below listing any property acquired in whole or in part with CDBG funds or CDBG Program Income in the table below in accordance with the provisions of 24 CFR Part 570.489(k) – Accountability of Real and Personal Property and 24 CFR Part 570.489(e) – Program Income of the HUD CDBG regulations pertaining to property management and program income. If applicable, state “None” acquired. Include additional copies of the table if required.

Future disposition of this property shall be carried out in accordance with CFR 24 Sec. 570.489(j) – Change of Use of Real Property for instructions.

Grantee: Award/Contract Number:

Contract/Project Name:

In the table below in the Proof of Ownership column, enter the type of proof on record, e.g., title, deed, invoice receipt. In the % CDBG Funded column, enter the percentage of the property funded by CDBG award dollars or by CDBG Program Income.

Description of Property Acquisition
Date
Acquisition
Cost
Serial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
CDBG – Acquired Property Inventory
Version 7/12/2022 2
Description of Property Acquisition
Date
Acquisition
Cost
Serial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
CDBG – Disencumbrance of Funds
Version 7/12/2022 1
Disencumbrance of Funds Acknowledgement/Request
This award/contract has unused CDBG Grant Funds. This excludes Program Income.

Yes
No (If “No”, skip to the Completion Report Acknowledgement form) Use the table below for Agreements from Program Year 2017 and prior.

Program Activity Activity
Code
Awarded
Amounts
Amount to Be
Disencumbered Balance
TOTAL
For Program Years 2018 and later, please enter the total amount to be disencumbered: $_____________________
CDBG – Completion Report Acknowledgement
Version 7/12/2022 1
Completion Report Acknowledgement
Complete one of the acknowledgments below based on the funding year for the CDBG award/contract you are closing out.

For 2017 and prior projects: I/We have attached a copy of the completed Completion Report for this project/program to this Combined Closeout Package.  Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.

Yes
No (Grantee will be unable to close out the project/program until report is provided.) For 2018 and later projects (including CDBG-CV): I/We have uploaded a copy of the completed Completion Report to the Grants Network Portal concurrently with the submittal of this package.
 Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.

Yes
No (Grantee will be unable to close out the project/program until report is provided.) Grantee should not initiate closeout in the Grants Network Portal until they can provide a Completion Report.

CDBG – Section 3 Compliance Acknowledgement
Version 7/12/2022 1
Section 3 Compliance Acknowledgement
The purpose of Section 3 of the Housing and Urban Development Act of 1968 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.

Section 3 requirements apply to housing rehabilitation, housing construction, or other public construction projects when the total amount of housing and community development assistance for the covered project activity (not including general administration) meets or exceeds a funding threshold, generally $200,000.

Section 3 compliance requirements should have been established at project set up. Grantees who are uncertain whether Section 3 requirements apply to their project(s) should contact their HCD Representative or Grant Administrator.

1. This project/program was funded prior to November 30, 2020 and is required to comply with the prior HUD Section 3 Rule, found at 24 CFR 135.

Yes (Complete the Section 3 Closeout Report for Contracts Funded Prior to November 30, 2020 on the next page.)
No (If “No”, answer Question 2 on this form.)

2. This project/program is required to comply with the HUD Section 3 Final Rule, effective on November 30, 2020, and codified at 24 CFR part 75.

Yes (Complete the Section 3 Closeout Report for Contracts Funded on or After November 30,2020.)
No
If you answer “No” to both questions above, skip to the Affidavit of Posting Notice form.

CDBG – Section 3 Closeout Report (Prior to 11/30/2020)
Version 7/12/2022 1
Section 3 Closeout Report
(For Contracts Funded Prior to November 30, 2020)
Grantee Name:

Award/Contract Number:

Project Name:

Project Location (Address):

County or Metropolitan Service Area (MSA)
Where Project is Located:

Report Date:

Please complete the tables below showing Section 3 hires for Grantee and any subrecipients and contracting opportunities for this project/program. Copy this page and attach to report if you need additional rows.

Job Category Number of
New Hires
Number of Section 3
New Hires
Number of Section 3
Trainees
Category Totals:

CDBG – Section 3 Closeout Report (Prior to 11/30/2020)
Version 7/12/2022 2
Construction Contracts
1 Total dollar amount of construction contracts
awarded
2 Dollar amount of construction contracts awarded to
Section 3 businesses
3 Percentage of total construction contract dollars
awarded to Section 3 business (Row 2 divided by
Row 1)
4 Number of Section 3 businesses that received
construction contracts
Non-Construction Contracts
1 Total dollar amount of non-construction contracts
awarded
2 Dollar amount of non-construction contracts
awarded to Section 3 businesses
3 Percentage of total non-construction contract
dollars awarded to Section 3 businesses (Row 2
divided by Row 1)
4 Number of Section 3 businesses that received nonconstruction contracts *Non-construction contracts are often construction-related contracts for professional services like landscaping, pest control, accounting, architecture, legal services, engineering etc.

CDBG – Section 3 Closeout Report
Version 7/12/2022 1
Section 3 Closeout Report
(For Contracts Funded On or After November 30, 2020)
Grantee Name:

Award/Contract Number:

Project Name:

Project Location (Address):

County or Metropolitan Service Area (MSA)
Where Project is Located:

Report Date:

Please complete the table below showing labor hours on this contract and percentages as of the date of this report. Remember, if you have multiple projects under this contract, this report should show combined (roll-up) hours for the entire contract (program) as well as percentages based on these totals. Individual project information should be maintained in Grantee records.

For reference the Section 3 “safe harbor” benchmarks are:
 Section 3 Workers make up at least 25% of the total project’s hours AND
 Targeted Section 3 Workers make up at least 5% of the total project’s hours by the time of project closeout.

Hours Percent of Total
Labor Hours
Safe Harbor
Benchmark Met? (Y/N)
Total Labor Hours to Date:

Total Section 3 Labor
Hours to Date:

Targeted Section 3 Labor
Hours to Date:

CDBG- – Section 3 Qualitative Efforts
Version 7/12/2022 1
Section 3 Qualitative Efforts Description
This form is only required for Grantees whose project was funded on or after November 30, 2020 and whose labor hour benchmarks for Section 3 Workers (25% of a total project’s hours) AND Targeted Section 3 Workers (5% of a total project’s hours) are not anticipated to be met by the time of project closeout. Grantees should maintain records for HUD review to document any efforts checked.

Award/Contract Number:

Contractor/Grantee:

Please read the following list of qualitative efforts that may be undertaken to comply with Section 3 and check ALL that applied to your organization during the course of this CDBG project. Note that these actions are associated with your organization and do not need to be associated with the particular CDBG project. For more information consult the Community Planning and Development (CPD) Notice at
https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-09cpdn.pdf.

Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers Direct, on-the-job training including apprenticeships
Indirect training such as arranging for contracting for, or paying tuition for, off-site training
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching)
Outreach efforts to identify and secure bids from Section 3 business concerns Technical assistance to help Section 3 business concerns understand and bid on contracts
CDBG- – Section 3 Qualitative Efforts
Version 7/12/2022 2
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns
Provided or connected residents with assistance in seeking employment including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services
Held one or more job fairs
Provided or connected residents with supportive services that can provide direct services or referrals
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview coaching, uniforms, test fees, and/or transportation
Assisted residents with finding childcare
Assisted residents to apply for or attend community college or a four-year educational institution
Assisted residents to apply for or attend vocational/technical training Assisted residents to obtain financial literacy training and/or coaching Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns
Provided or connected residents with training on computer use or online technologies Other (Please describe below.)
CDBG – Affidavit of Posting Notice
Version 7/12/2022 1
Affidavit of Posting Notice
I, (Name of Official Designated in Resolution)__________________________, hereby certify that on the ________ day of ____________(month), ________ (year), I did post the notice of public hearing concerning discussion of closure and remittal of remaining funds, if any, under the California Department of Housing and Community Development, Community Development Block Grant Program at the following _______(number) locations listed below, which are available to the public. These postings will be available from ____________________(date) to ____________________(date).

Location 1:

Location 2:

Location 3:

Location 4:

Location 5:

I, (name) _________________________, Clerk of ____________________ (city, county, or jurisdiction name), State of California, hereby certify the above and foregoing is true and correct.

Dated at ___________________________(location), California, this ______ (date) day of _______________(month), 20______.

Signature of Clerk
(This may not be the same person as the official designated in the Resolution who is certifying the posting)
Title
CDBG – Combined Closeout Package Signature
Version 7/12/2022 1
CDBG Combined Closeout Package Signature
I, the undersigned, hereby certify that all representations made and/or information provided in this combined closeout package and any referenced uploads or attachments is, to the best of my knowledge, true. I further state that my signature below will serve as signature for each of the completed forms in this package as well as for the CDBG Combined Closeout Package taken as a whole.

Date: Typed Name and Title of Official
Authorized in the Resolution:

Signature of Official Authorized
in the Resolution
Name:

Title

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: FEBRUARY 20, 2024
SUBJECT: PUBLIC HEARING: APPLICATION TO HCD FOR PERMANENT LOCAL

HOUSING ALLOCATION (PLHA) PROGRAM FUNDS AND ADOPTION
OF THE 2020-2023 PLHA PLAN
______________________________________________________________________

RECOMMENDATION
• Open public hearing
o Hear staff report
o Take public comment
• Close public hearing
• Discuss 2020-2023 PLHA Plan and application
• Approve and adopt Resolution No. 2024-14, A Resolution of the City Council of the City of Crescent City Authorizing the Application and Adopting of the PLHA Plan for the Permanent Local Housing Allocation Program.

BACKGROUND
In September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). The PLHA provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units. HCD released its Notice of Funding Availability for these funds on December 29, 2023.

Eligible Applicants
An applicant must be an entitlement local government, a non-entitlement local government, or a local or regional Housing Trust Fund delegated by the local government.

The City is considered a non-entitlement local government and will be a first-time Permanent Local Housing Allocation Program
February 20, 2024
2 applicant. This will be the last year for first-time applicants to apply for their 2020 calendar year allocation.

Eligible Activities
PLHA funds allocated to eligible applicants must be used to carry out one or more of the eligible activities listed below. All services must be provided within the City limits. • The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is affordable to very low-, low-, or moderate-income households. Note: predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.
• The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meet the needs of a growing workforce earning up to 120 percent of the Area Median Income (AMI), or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. Note:
predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.
• Matching portions of funds placed into local or regional Housing Trust Funds. • Matching portions of funds available through the Low-and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. • Capitalized reserves for services connected to the preservation and creation of new permanent supportive housing (up to 30 percent of AMI). • Assisting persons who are experiencing or at risk of homelessness in conformance with CFR Section 578.3, (up to 30 percent AMI), including:
o Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
o Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
o Street outreach, and other supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
o Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
• Accessibility modifications in lower-income owner-occupied housing (up to 80 percent AMI).
• Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of the AMI, or 150 percent AMI in high-cost areas). • Homeownership opportunities, including, but not limited to down payment assistance to those earning up to 120 percent AMI or 150 percent AMI in high - cost areas.

Permanent Local Housing Allocation Program
February 20, 2024
3 • Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects, or matching funds invested by a county in an affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing project earning up to 120 percent AMI or 150 percent AMI in high-cost areas.

ITEM ANALYSIS
HCD estimates the City of Crescent City may receive $404,244 over a four-year period.

The chart below shows the first three years of funding allocation and an estimate for year four. Please note that the amount for year four is based on an equal division of HCD’s estimates for future funds. The actual annual funding allocation will later be determined by HCD. The chart also shows a 5% allocation for City administration costs that is allowed by PLHA grant requirements.

Jurisdictions receiving PLHA grant funds are required to have a four-year plan in place to determine how the grant funds will be spent. City staff has drafted a four-year plan (see attachment) which proposes using 100 percent of the City’s PLHA allocation to help fund the development of new affordable rental housing projects serving very low-, low-, or moderate-income households.

The City currently has a pipeline of proposed affordable housing projects needing financial gap assistance. These projects serve a variety of household types and income levels. If the proposed PHLA plan is approved, it is projected that the City’s allocation will be able to serve a minimum of two households that fall within the very low to moderate income category, when the allocation is considered in relation to all of the project’s funding sources, allowing flexibility for the housing development to serve all income levels.

Allocated funds would be provided to eligible affordable housing developers in the form of a ten-year deferred loan at 0% interest, with the option of forgiveness after 10 years if affordable housing requirements are met. Affordable housing developers would be selected through a competitive process initiated by a Notice of Funding Availability, with applications vetted by staff in conjunction with the City’s other affordable housing resources. Staff will make recommendations to the City Council for approval. 2020 2021 2022 2023
Allocation 404,244.00 125,660.00 142,274.00 76,264.00 60,046.00 5% Admin 20,212.20 6,283.00 7,113.70 3,813.20 3,002.30
95% Project Funding 384,031.80 119,377.00 135,160.30 72,450.80 57,043.70 *estimate only
Amount Allocated/Estimated by Funding Year City of Crescent City PLHA Funding Total 4-yr.

Allocation
Permanent Local Housing Allocation Program
February 20, 2024
4 At this time, City staff are asking for City Council to authorize an application for up to $404,244 in PLHA funding and to adopt the attached PLHA Plan. The resolution authorizes the City Manager to sign and execute any further contracts or documents during the grant performance period and states that the City will comply with all grant requirements. Please note that HCD only issues the “five-year estimate”, referenced in the NOFA and Resolution, once every five years and the one listed is for 2019-2023 allocations. The City was unable to claim the 2019 allocation with an application in 2023 due to the fact that our Housing Element was not updated by the application submittal deadline. Because of this, our 4-year Plan (2020-2023) reflects the five-year estimate minus the 2019 allocation, but the Resolution will still reference a not-to-exceed amount that is the original five-year estimate.

GRANT APPLICATION TIMELINE
Grant Performance Period: April 2024 – 2030
• Resolution approving the application and adopting
the 2020-2023 PLHA Plan February 20, 2024
• Application Packets with requested documentation
of threshold requirements February 29, 2024
• Award Announcements for the $404,244 in
estimated funding April 2024
• Expenditure Deadlines for each allocation year
o Year 1 (2020) April 30, 2025
o Year 2 (2021) April 30, 2026
o Year 3 (2022) April 30, 2027
o Year 4 (2023) April 30, 2028
• Grant Closeout final reporting as per Standard Agreement 2030 • Annual Monitoring of occupancy and rents as per Regulatory Agreement and project underwriting 2079

FISCAL ANALYSIS
Adoption of this resolution allows the City to apply for these non-competitive funds. There will be no matching funds required for this allocation. These funds would support the need for affordable housing in our community.

STRATEGIC PLAN ASSESSMENT
This action is consistent with the following 2016 Strategic Plan Goals:

Permanent Local Housing Allocation Program
February 20, 2024
5 • Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors. o Target economic development improvements that provide additional benefit by enhancing the quality of life for residents.
• Goal 2: Promote a thriving local economy.
o Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs.

ATTACHMENTS

1. Resolution No. 2024-14

2. City of Crescent City 2020-2023 PLHA Plan
_____________
___________________________________________________________ AUTHORIZING RESOLUTION OF _______________________________

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
________________________________________________ of the ________________________________________________________ of __________________________________________________________________ _ _____________________________hereby consents to, adopts, and ratifies the following resolution:
_
A. WHEREAS, the Department is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS _______________________________ is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ______________________ in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by _______________________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. ______________________________________ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the __________________________ this day of, 2022, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer:_______________________________ ___________________________________________
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
__________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
_________________________

CITY OF CRESCENT CITY
Permanent Local Housing Allocation Program Plan for 2020-2023 In September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). The PLHA provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units. HCD released its Notice of Funding Availability for these funds on December 29, 2023. Jurisdictions receiving PLHA grant funds are required to have a four-year plan in place to determine how the grant funds will be spent.

HCD estimates the City of Crescent City may receive $404,244 over a four-year period.

Allocation of Funds
The City of Crescent City will utilize Permanent Local Housing Allocation program funds for the creation of affordable housing in the City of Crescent City to assist with addressing the community’s housing needs. Allocated funds will be provided to eligible affordable housing developers in the form of a ten-year deferred loan at 0% interest. Loans will be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement restricting occupancy and rents for a term of 55 years. At the request of the applicant, the loans may be made forgivable after the 10 years if affordable housing 2020 2021 2022 2023
Allocation 404,244.00 125,660.00 142,274.00 76,264.00 60,046.00 5% Admin 20,212.20 6,283.00 7,113.70 3,813.20 3,002.30
95% Project Funding 384,031.80 119,377.00 135,160.30 72,450.80 57,043.70 *estimate only
Amount Allocated/Estimated by Funding Year City of Crescent City PLHA Funding Total 4-yr.

Allocation
requirements are met. Affordable housing developers will be selected through a competitive process initiated by a Notice of Funding Availability, with applications vetted by staff and selected for award by the Housing Authority of the City of Crescent City in conjunction with the City’s other affordable housing resources. Applicants may apply for program funding for predevelopment, development, acquisition, rehabilitation, and preservation of multi-family rental housing that is affordable to Very Low, Low, and Moderate-Income households. PLHA funding may be used to assist in completing the following activities.
• Predevelopment and other soft costs, including but not limited to:
o Land Costs (including legal fees)
o Demolition and Site Improvements
o Off Site Improvements
o Architectural Fees
o Engineering Fees
o Permits and Fees
o Accounting Fees
o Title/Recording
o Taxes/Assessment
o Insurance
o Environmental Review including required studies.
• Financing costs including but not limited to
o Appraisal/Market Study
o Performance Bond Costs
o Construction Loan Interest
o Lender Inspections
o Lender Legal Costs
o Borrower Legal Costs
o Soft Debt – Total Construction Period Interest
o Bond Issuance Costs
o Construction-Permanent Loan Costs
o Construction Loan Interest
o Capitalized Operation/Transition Reserve
• Site and Building Construction Costs
• Lease-Up Costs
• Contingencies and Developer Fee
Investment Priorities
The City of Crescent City will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income, by soliciting developer proposals for predevelopment, development, acquisition, rehabilitation, and preservation of multifamily rental housing that is affordable to Very Low, Low, and Moderate-Income households through a Notice of Funding Availability (NOFA). The NOFA will identify the funds that are available and will outline the eligible uses of the funds, selection criteria, terms and conditions for the funds, application requirements, and due date for applications. Selection criteria will include a preference for applications which include the highest number of affordable units at or below 60 percent of the Area Median Income.

Consistency with the Programs Set Forth in the City’s Housing Element Providing funding for affordable housing and assisting potential applicants in new construction of affordable housing is found in more than 10 of the 21 key programs in the City’s 6
th Cycle Certified Housing Element. In particular, Implementation Program P-4 requires the City to promote the rehabilitation of existing housing stock, and Implementation Programs P-1, P-3, P-7, P-10 and P-17 list steps the City will be taking to encourage the use of private-initiated and/or publicly-funded programs to provide housing for low- and moderate-income families, and to facilitate the housing production and affordability goals set forth in the RHNA requirements of the 6th Cycle Housing Element Cycle (2022-2030). The City will offer PLHA funds to assist developers in building units that will meet the local RHNA goals. The City of Crescent City operates numerous programs aimed at maintaining and expanding affordable housing opportunities in the community. The City’s Housing Authority was established in 1965 with a goal to provide decent, safe, and sanitary housing in Crescent City and surrounding areas of the County.

Proposed Housing Activity
The proposed plan directs 100% of the City’s PLHA funding to the development of new affordable rental housing projects serving households earning up to 120% of the Area Median Income. Use of PLHA funds for this unmet housing need is consistent with the City’s 6
th Cycle Certified Housing Element. The City currently has a pipeline of proposed projects needing financial gap assistance. These projects serve a variety of household types and income levels. One or more of the projects can utilize PLHA funds for the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Very Low, Low, or ModerateIncome households, including necessary operating subsidies, as described in section § 301(a)(1) of the PLHA guidelines.

Upcoming Steps and Preliminary Schedule
Once grant funds are awarded and a Standard Agreement is executed, the PLHA funds will be made available to developers through the publication of a competitive Notice of Funding Availability (NOFA). Developer applications will then be analyzed by staff for completeness and alignment with the NOFA preferences, program funding requirements, and lending guidelines. Applications will be reviewed by City staff who will make an award recommendation to the City Council for final approval. Once a project is awarded, loan documents (loan agreement, regulatory agreement, promissory note, deed of trust, etc.) will be executed and recorded against the property as applicable. The developer will then begin the awarded activity and submit invoices for cost reimbursement.

Program Income Reuse Plan
The City will reuse any program income generated from the PLHA program, and any interest earned on these funds, to continue to fund its affordable housing projects based on the PLHA approved plan adopted by the City Council. More specifically, program income will be used for acquisition and/or rehabilitation of multi-family rental properties and converting these to deed restricted affordable units. This is an eligible activity under Section § 301(a)(1) of the PLHA guidelines.

This Program Income Reuse Plan may be amended from time to time should the program no longer exist and/or should the affordable housing goals and PLHA priorities change.

However, all program income will be reused and spent on PLHA eligible activities as outlined in Section § 301 of the PLHA guidelines.
***END***

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: FEBRUARY 20, 2024
SUBJECT: PUBLIC COMMENT LETTER TO PACIFIC FISHERIES MANAGEMENT

COUNCIL REGARDING THE GROUNDFISH CLOSURE
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Further Council discussion
• Receive public comments
• Approve and authorize the Mayor to sign a comment letter regarding the groundfish closure and authorize the submittal to the Pacific Fisheries Management Council (PFMC) for the March 2024 meeting
• Consider sending a Council representative to the March PFMC meeting

BACKGROUND
As discussed at the October 9, 2023 City Council special meeting, the California Department of Fish and Wildlife (CDFW) issued an emergency closure of the 50 fathom Rockfish Conservation Area as of August 21, 2023 to protect the quillback rockfish. The City Council heard from local fishermen who urged the Council to oppose the Nearshore Groundfish Closure. The concerns that local fishermen expressed were that (1) the method in which this closure was determined to be necessary is not necessarily accurate and (2) the complete closure of the Northern Groundfish Management Area up to 50 fathoms is overbroad.

A similar closure of the Northern Groundfish Management Area in 2024 would be economically devastating for some of our local businesses and the ripple effect would be felt throughout the entire community, which is economically dependent upon fishing and tourism (charter boats, fishing supply stores, grocery stores, restaurants, hotels, RV Parks, vacation rentals, local hotel taxes, local sales taxes, gas stations, harbor revenues, etc.).

ITEM ANALYSIS
PFMC Public Comment Letter
February 20, 2024
2 The PFMC will be considering and making recommendations for the 2024 groundfish fishing season during its March 2024 meeting. The attached draft letter is in line with the letter approved by the Del Norte County Board of Supervisors. The letter urges the PFMC to take actions toward re-opening the ground fishery and for the PFMC to consider, among other things, the collection of more usable / factual data for local fisheries management.

It has also been requested by the local fishing community (organized as the Crescent City Fishing Group) that a representative from the City Council be present at the March PFMC meeting to be held in Fresno, California March 5th through the 11th.

FISCAL ANALYSIS
Submitting the public comment letter via the public portal does not have a fiscal impact.

If the Council does want to have a representative in person at the meeting, travel arrangements could cost up to $1,500. The current City Council travel budget has sufficient funds for this expense without an additional appropriation.

ATTACHMENTS
• Draft Public Comment Letter to PFMC in opposition of a nearshore groundfish closure for the 2024 season
February 20, 2024
Submitted via public comment e-portal to: With a copy to:

Pacific Fishery Management Council (PFMC) Cal Dept. of Fish & Wildlife 7700 NE Ambassador Pl. #101 Charlton H. Bonham, Director Portland, OR 97220 PO Box 944209
Sacramento, CA 94244-2090
RE: March 2024 Council Meeting, Agenda Items F2, F3, F7, F8 Opposition to Nearshore Groundfish Closure for 2024 Season Dear Council,
The City Council of Crescent City has previously submitted comments stating concerns with the 2023 California groundfish fishery closure and the devastating impacts a 2024 closure would have on our already economically disadvantaged community. In alliance with the Del Norte County Board of Supervisors, the City Council urges the Pacific Marine Fisheries Management Council (the “Council”) to take actions to move toward re-opening the ground fishery as soon as possible. A number of steps could be taken to minimize impacts on Quillback Rockfish that would still allow the continued fishing of nonthreatened groundfish. It is our understanding that the Council is contemplating the following actions regarding groundfish:

Agenda Item F.2
Proposed Council Action: Review Additional Analyses and Provide Guidance on Next Steps; Adopt California Quillback Rockfish Rebuilding Analysis Agenda Item F.3
Proposed Council Action: Adopt for Public Review a Preliminary List and Schedule of Stocks for Assessment in 2025 and 2027 and Draft Terms of Reference for Assessments, Methodology Reviews, and Rebuilding Analyses
Agenda Item F.7
Proposed Council Action: Review Analysis and Provide Guidance; Adopt Preliminary California Quillback Rockfish Harvest Specifications and Rebuilding Parameters; Adopt Revised Harvest Specifications, As Necessary

Page 2 ends

Agenda Item F.8
Proposed Council Action: Adopt Final In-Season Adjustments for 2024 The City Council of Crescent City, like the Del Norte County Board of Supervisors, supports action by the Council on these items so long as these actions will contribute toward resolving the closure of the groundfish fishery. In order to do so, the City Council requests that this Council consider the following actions:

1. Collecting more usable and factual data for groundfish management and betterinformed stock assessments (local fishermen are willing to help in collecting data).

For this the PFMC needs more funding to support quality data collection. As stewards of valuable local knowledge, the PFMC should consider input from fisherman before an assessment even begins as this could help focus such efforts.

2. Evidence, by data collection, that Quillback mortality rate is high when released by recreational fishermen. This City Council has been advised by local experts that Quillback are more resilient and do not suffer barotrauma to the same degree as other groundfish species. If proven by evidence, regulators should require the use of descending devices to mitigate barotrauma as well as provide better education for fishermen, especially tourists, by providing posters and pamphlets that local harbors can post addressing overfishing and the danger posed to certain imperiled species.

3. Ultimately, zero retention of Quillback may be necessary, and it may be necessary for other endangered groundfish species (e.g., China and Copper, etc.).

4. If the California Department of Fish and Wildlife does limit the groundfish fishing area to shallower than a 20 fathom line, the season for groundfish at the 20 fathom line should be from May 15 to October 15.

Thank you for the opportunity to provide these comments.

On behalf of the entire City Council,
Mayor Blake Inscore
City of Crescent City

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

DAVID YEAGER, DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 20, 2024
SUBJECT: DECLARING THE CONTINUANCE OF AN EMERGENCY DUE TO

CONTINUOUS SLIDE ACTIVITY ALONG PEBBLE BEACH DRIVE
__________________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Declare by a 4/5 vote that there is a need to continue the emergency action for the continuous slide activity along Pebble Beach Drive between 7th and 8th Streets per Public Contract code § 22050

BACKGROUND
At the February 5th City Council meeting, the Council declared an emergency pursuant to Public Contract Code Section 22050. This declaration of emergency allows the City to by pass the normal competitive bidding process in order to procure services and contractors to address the emergency; in this case, the continual slide activity that has undermined a section of Pebble Beach Drive between 7th and 8th Streets.

City staff are maintaining communication with Coastal Commission staff regarding permitting and Caltrans regarding funding. As a reminder, the City will be applying for Emergency Opening (EO) funding. If approved, EO funding is 100% reimbursable. Once granted the EO funding has to be spent within 270 days. These funds are intended to cover only the immediate costs to stabilize the emergency, reopen the roadway, and provide for public safety. It is not yet guaranteed that EO will be granted. If granted, the timeline for reimbursement is also not yet known. Staff is continuing to work on funding options for this portion of the repair work.

ANALYSIS
Pebble Beach Slide Emergency Declaration
February 20, 2024
2 2
The Public Contract Code requires the City to revisit whether an emergency declaration allowing the City to contract without formal bids is still necessary at each regular meeting.

It is necessary to continue the emergency action as the slide has yet to be fixed. The City will only be able to complete a “temporary” fix, which itself is complicated by its coastal location. Funding, design and construction will all need to come together in a very short window of time. This window is not enough time to competitively let bids.

FISCAL ANALYSIS
Both the immediate emergency costs and the permanent repair costs are unknown as the scopes of work for both are unknown at this time.

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.

B. Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States.

C. 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
None.

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: FEBRUARY 20, 2024
SUBJECT: 2023 CDBG NOFA AMENDMENT #1 APPLICATION: $3.3 MILLION FOR

FRONT STREET PROJECT (PLAY STREET TO L STREET)
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2024-15, A Resolution 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 and/or 2024 Funding Year of the State CDBG Program
• Approve and authorize City Manager to sign the 2023 CDBG Application Certifications and Statement of Assurances

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 releases a Notice of Funding Availability (NOFA) to invite applications. On September 29, 2023, the 2023 NOFA was released with approximately $19 million in funding to be awarded to waitlisted Over-the-Counter (OTC) projects only. As one of the eligible entities, the City submitted an application for $1,065,485 for the Storm Drain Improvement Project - Phase III (F Street).

On October 2, 2023, the City held a public hearing for the 2024 NOFA. As a result, council directed staff to prepare an application for an OTC Public Infrastructure Project – Front Street (Play to L Street) and a Public Service – FRC Food Pantry Activity. The 2024 NOFA has since been postponed until Summer/Fall 2024.

PUBLIC HEARING – CDBG NOFA
FEBRUARY 20, 2024
2 On January 31, 2024, the 2023 NOFA was amended to make another $19 million available for Housing, Community Development, and Economic Development Projects in an Over-the-Counter process.

ITEM ANALYSIS
The 2023 CDBG NOFA Amendment #1 is inviting applications for one of the following activities up to a maximum of $3,300,000 in funding inclusive of General Administration and Activity Delivery costs:

Over-the-County Activities
a) Housing Programs: Homebuyer and Rehab – up to $3,300,000 b) Economic Development – up to $3,300,000
c) Public Facilities and Infrastructure – up to $3,300,000

STAFF RECOMMENDATIONS
Since the 2023 CDBG NOFA Amendment #1 is only accepting OTC applications and the City has a shovel-ready OTC project ready to go, staff recommends submitting the following, previously approved, project under the 2023 CDBG NOFA Amendment #1 application:

OTC – Public Infrastructure – Front Street Improvements (Play to L) $3,300,000

TIMELINE
The anticipated schedule is shown below:
2023 CDBG NOFA Amendment #1 released January 31, 2024
Application opens March 1, 2024
Application closes April 30, 2024
Award announcements Sept-Nov 2024
HCD Contract executed Dec 2024-Feb 2025
Grant expenditure deadline Dec 2027

FISCAL ANALYSIS
There are no matching funds required for this grant. If council directs staff to move forward with this application, staff will work with a consultant to prepare the necessary applications. HCD will not allow the City to use its general administration budget under the current grant to pay for the new application, so the City will need to allocate funding for these services from the general fund. However, if the City is awarded, the preapplication costs for the program will be reimbursed as part of the program budget. The City currently has the necessary budget of $5,000 available for the grant writing services of the proposed application.

PUBLIC HEARING – CDBG NOFA
FEBRUARY 20, 2024
3 If awarded, there could be a significant fiscal impact to the City. These grants are issued on a reimbursable basis; therefore the City will need to pay the project costs and then request reimbursement from the funding agency. Funds requests are submitted after the end of each fiscal quarter and reimbursements typically take 60 to 90 days to receive after the funds request has been submitted but have sometimes taken much longer. The City is already involved in several other large projects with grants already awarded and new grant applications pending, cash flow for all projects needs to be considered as a whole.

Although we cannot know at this time whether the City will be successful in obtaining any or all of the potential grants, it is certainly possible. In the event that all of the grants are successful, the City will need to take steps to ensure there is adequate cash flow to meet all the necessary expenses. This could include utilizing interfund borrowing and/or outside borrowing (such as a bridge loan), depending on the specific projects and timing of grant reimbursements. In the worst-case scenario, if the City was not able to cash flow all projects, one or more grant opportunities could have to be rejected. Once more is known, City staff has the ability to work with our municipal financial advisor Urban Futures to evaluate all options.

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(E): Target economic development improvements that provide additional benefit by enhancing the quality of life for residents
• Goal 2(D): Collaborate with other jurisdictions and nonprofits to maximize regional effectiveness and amplify funding opportunities
• Goal 2(E): Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture • Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs

ATTACHMENTS

1. Resolution No. 2024-15

2. 2023 CDBG Application Certifications and Statement of Assurances 1 Department of Housing and Community Development
Resolution Form Revised 11/15/2023 2023 - 2024 CDBG NOFA Appendix C: Resolution Template of the Governing Body
Applicants are required to use the resolution form on the following page with no changes to content other than what is in the fillable fields.

Please note: On the next page, hidden text is used to provide instructions. One a document is printed or converted to a pdf, the hidden text will be omitted.

To display hidden text:

1. Go to the Files Tab

2. Select Options from the bottom of the left hand column

3. Click on the “Display” option

4. Check the “Hidden Text” box.

5. Make sure the “Print hidden text” box is not checked. This will ensure that when you convert to PDF or print the document, the instructional, hidden text is not displayed.

6. Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.

Activity (e.g. Public Services,
Infrastructure, etc.)
Dollar Amount Being Requested for
the Activity
Public Infrastructure $ 3,300,000
$
$
$
$
SECTION 2:

The City Council hereby approves the use of Program Income in an amount not to exceed $0 for the CDBG activities described in Section 1.

SECTION 3:

The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

SECTION 4:

The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.

SECTION 5:

Resolution of the Governing Body
RESOLUTION NO. 2024-15

A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE

EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2023 AND/OR 2024 FUNDING YEAR OF THE STATE

CDBG PROGRAM
BE IT RESOLVED by the City Council of the City of Crescent City as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $3,300,000 for the following CDBG activities, pursuant to the 2023 and 2024 CDBG NOFAs:

List activities and amounts
If an application is approved, the City Manager or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.

SECTION 6:

If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Crescent City held on 2/20/2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ ____________ Blake Inscore, Mayor
City Council

STATE OF CALIFORNIA
City of Crescent City
I, Robin Altman, City Clerk of the City of Crescent City, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 20th day of February, 2024and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.

Robin Altman, City Clerk of the City of Crescent City, State of California

_________________________________
By: Robin Altman, City Clerk
Department of Housing and Community 2023 CDBG NOFA
Development
Revised 7/14/2023
APPENDIX D 1
Appendix D: 2023 CDBG Application Certifications and Statement of Assurances
Complete and fully execute the attached 2023 CDBG Application Certifications and Statement of Assurances. The executed statement must be uploaded as a threshold document in the application. The document may not be modified.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and Community Development
Revised 7/14/2023

Page 2 of 9 ends

2023 CDBG Application Certifications and Statementof
Assurances
The hereby certifies the following:

1. Legal Authority:

It possesses the legal authority to apply for and execute the proposed activity(s) in the application.

2. Application Authorization:

Its governing body has duly adopted or passes as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant’s chief executive officer or other designee to act in connection with the application and to provide such additional information as may be required.

3. Citizen Participation:

It has or will comply with all citizen participation requirements, which include, at a minimum, the following components:

A. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who areresidents of slum and blight areas and of areas in which CDBG funds are proposed to be used, and provides for participation of residents in low- and moderate-income neighborhoods as defined by the local jurisdiction – and B. Provides citizens with reasonable ADA compliant and timely access to local meetings, information, and records relating to the grantee'sproposed use of funds, as required by CDBG regulations, and relating to the actual use of funds under this title – and
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and Community Development
Revised 7/14/2023

Page 3 of 9 ends

C. Provides for technical assistance to groups representative of personsof low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee – and
D. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program. These include at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries and with accommodation for the handicapped. This shall include one public meeting during the program design, annual performance report preparation, and formal amendments.

A public hearing shall be conducted prior to application submittal – and E. Solicits and provides for a timely written answer to written complaints and grievances, within 15 working days where practicable – and F. Identifies needs of limited-English speaking residents will be met inthe case of public hearings where limited-English speaking residents can reasonably be expected to participate.

4. National Objective:

It has developed its CDBG Program so as to primarily benefit targeted income person and households and each activity in the program meets one of the three national objectives: benefit to low-and moderate-income persons, elimination of slums and blight, or meets an urgent community need (with prior Department approval) certified by the grantee as such.

5. NEPA Environmental Review:

It consents to assume, and hereby assumes the responsibilities for environmental review and decision-making in order to ensure timely compliance with NEPA by following the procedures for recipients of block grant funds as set forth in 24 CFR Part 58, titled "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities." Also included in this requirement is compliance with Executive Order 11988 relating to the evaluation of flood hazards, Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) regarding purchase of flood insurance, and the National STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and Community Development
Revised 7/14/2023

Page 4 of 9 ends

Historic Preservation Act of 1966 (16 USC 470) and implementing regulations (36 CFR §800.8).
.

6. Audit/Performance Findings:

It certifies that the State Controller’s Office (SCO) was in receipt of its complete Singe Audit Package by the NOFA application due date or certifies that is exempt from the Single Audit requirements set forth in 2 CFR Part 200.

7. Growth Control:

It certifies that there is no plan, ordinance, or other measure in effect which directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be rescinded before receiving funds, or it need not be rescinded because it:

A. Imposes a moratorium on residential construction, to protect health and safety, for a specified period of time which will end when health and safety is no longer jeopardized; or,
B. Creates agricultural preserves under Chapter 7 (commencing withSection 51200) of Part 2 of Division 1 of Title 5 of the Government Code; or, C. Was adopted pursuant to a specific requirement of a State or multi-State board, agency, department, or commission; or,
D. The applicant has an adopted housing element which the Department has found to be in compliance, unless a final order has been used by a court in which the court determined that it is not in compliance with Article 10.6 of Chapter 3 of Division 1 of Title 7 of the Government Code, commencing with section 65580.

8. Uniform Administrative Requirements:

It will comply with the regulations, policies, guidelines and requirements of 2 CFR Part 200 and 24 CFR Part 85 and the CDBG Program Guidelines.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and Community Development
Revised 7/14/2023

Page 5 of 9 ends

9. Nondiscrimination:

It shall comply with the following regarding nondiscrimination laws and practices as may be amended from time to time:

A. Title VI of the Civil Rights Act of 1964 (Public Law 88-352).

B. Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) asamended; and will administer all programs and activities related to housing and community development in a manner affirmatively furthering fairhousing.

C. Section 109 of the Housing and Community Development Act of 1974, as amended.

D. Section 3 of the Housing and Urban Development Act of 1968, as amended.

E. Executive Order 11246, as amended by Executive Orders 11375 and 12086.

F. Executive Order 11063, as amended by Executive Order 12259.

G. Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112),as amended, and implementing regulations.

H. The Age Discrimination Act of 1975 (Public Law 94-135).

10.Anti-Displacement/Relocation:

It will comply with the Federal Relocation Act (42 U.S.C. 4601 et seq.).

11.Labor Standards:

It will comply with the following regarding labor standards as may be amended from time to time:

A. Section 110 of the Housing and Community Development Act of 1974, as amended.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and Community Development
Revised 7/14/2023

Page 6 of 9 ends

B. Section 1720, et seq. of the California Labor Code regarding public works labor standards.

C. Davis-Bacon and Related Acts as amended (40 U.S.C. §276(a)) regarding the payment of prevailing wage rates.

D. Contract Work Hours and Safety Standards Act (40 U.S.C. §3702) regarding overtime compensation.

E. Anti-Kickback Act of 1934 (41 U.S.C. §51-58) prohibiting "kickbacks" of wages in federally assisted construction activities.

12.Architectural Barriers:

It will comply with the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and implementing regulations (24 CFR Parts 40-41)

13.Conflict of Interest:

It will enforce standards for conflicts of interest which govern the performance of their officers, employees, or agents engaged in the award and administration, in whole or in part, of State CDBG grant funds (24 CFR §570.611).

14.Limitations on Political Activities:

It will comply with the Hatch Act (5 U.S.C. §1501, et seq.) regarding political activity of employees.

15.Lead Based Paint:

It will comply with the Lead-Based Paint Regulations (24 CFR Part 35) which prohibit the use of lead-based paint on projects funded by the program.

16.Debarred Contractors:

It certifies that neither the applicant or its staff are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal assistance programs, in any proposal submitted in connection with the CDBG program, per the Excluded Party List System located at https://www.sam.gov/SAM/. In addition, the applicant will not award contracts STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and CommunityDevelopment
Revised 7/14/2023

Page 7 of 9 ends

to or otherwise engage the services of any contractor while that contractor (or its principals) is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from the covered transaction, in any proposal submitted in connection with the CDBG program under the provisionsof 24 CFR Part 24.

17.Inspection of Grant Activities:

It will give HUD, the Comptroller General, the State Department of Housingand Community Development, or any of their authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant.

18.Cost Recovery:

It will not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low- and moderate-income including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless:

A. CDBG funds received are used to pay the proportion of such fee or assessment that relates to the capital costs of public improvementsthat are financed from revenue sources other than CDBG funds; or B. For purposes of assisting any amount against properties owned and occupied by persons of low- and moderate-income who are not personsof very low income, that it lacks sufficient funds received from CDBG Program to comply with the requirements of this clause.

19.Procurement:

It will follow the federal procurement policies per 24 CFR §200.317 et seq.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and CommunityDevelopment
Revised 7/14/2023

Page 8 of 9 ends

(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov

20. Excessive Force:

It will adopt and enforce policies:

A. Prohibiting the use of excessive force by its law enforcement agencies against individuals engaged in non-violent civil rights demonstrations; and
B. Enforcing applicable State and local law against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction.

21. Anti-Lobbying:

A. It certifies and agrees that no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, 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.

B. 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 of employee of any agency, a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

22. Compliance with Laws:

The jurisdiction will comply with all applicable laws, rules, and regulations governing the activities being applied for herein.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
(855) 333-CDBG (2324)/ FAX (916) 263-2763
www.hcd.ca.gov
2023 CDBG NOFA
Authorized Signatory Initials:

Department of Housing and Community Development
Revised 7/14/2023

Page 9 of 9 ends

I hereby certify under penalty of perjury that all information contained in this Statement of Assurances (including all supporting documentation) is true and correct. I understand and acknowledge that making false statements on this certification, including any documents submitted in support of it, is a crimeunder federal and California state laws, which may result in criminal prosecution and fines.

Printed Name of Authorized Representative (per the Resolution) Signature Title Date

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ETHAN LAWTON, CONTRACT PLANNER

BOB BROWN, CONTRACT PLANNER
DATE: FEBRUARY 20, 2024
SUBJECT: ZONING MAP AMENDMENT – 1405 CALIFORNIA STREET
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Waive full reading, read by title only and introduce Ordinance No. 840, An Ordinance of the City Council of the City of Crescent City Amending the Zoning District Designation for 1405 California Street and the City’s Official Zoning Map

BACKGROUND
Sam Schauerman is the owner and developer of 1405 California Street (APN 118-403- 002-000). The parcel is currently split-zoned R-2/C-2. Schauerman is currently constructing 16 units on the lower portion of the parcel as allowed by the current zoning designation. He has submitted a Rezoning Request (Application RZ23-01), Zoning Map Amendment (Application ZA23-01), and General Plan Map Amendment (Application GPA23-02) to the Planning Commission to rezone 2.34 acres of the subject parcel currently zoned partially R-2 and partially C-2 to R-3. This change of zoning designation would allow Mr. Schauerman to construct 40 additional dwelling units (for a total of 56) on the parcel.

The Planning Commission held a duly noticed public hearing at its regular meeting of February 8, 2024. After considering the matter, the Planning Commission recommended approval of the rezoning request, zoning map amendment and general plan map amendment to the City Council by way of Resolution No. PC2024-04.

ZONING MAP AMENDMENT
FEBRUARY 20, 2024
2 ITEM ANALYSIS
The subject parcel is partially developed with a 7,050 SF commercial building (formerly California Auto Image) and is currently being developed with 16 residential units. By changing the zoning designation from R-2/C-2 to R-3 for the majority of the parcel (save the commercial building) would increase the allowable residential density. The project as presented includes 40 dwelling units in addition to the 16 currently being constructed. The total development will include 56 units comprised of 36 two-bedroom units and 20 threebedroom units.

In order to approve this zoning map change, the City Council must find that the zoning amendment is (1) consistent with the public health, safety and welfare (CCMC 17.58.010); (2) satisfies the purposes and objectives set forth in the Zoning Code (CCMC 17.02.010); and (3) consistent with the City’s R-3 (High-Density Residential District). These criteria will be addressed in detail at the public hearing.

Draft Ordinance No. 840 is presented to the City Council for introduction. If the ordinance is introduced at this meeting, the plan is to have a public hearing at the March 18 regular meeting of the City Council. At the same meeting a public hearing will also be held on an amendment to the General Plan map, which is also required in order to accomplish this zoning designation change. The changes to the Zoning Map and the General Plan Map would be effective 30 days after adoption (April 17th).

FISCAL ANALYSIS
The only costs directly associated with introducing this ordinance is the publication of the notice of public hearing in the newspaper prior to adoption.

ATTACHMENTS
• Draft Ordinance No. 840
• Planning Commission Staff Report February 8, 2024
• Resolution No. PC2024-04

ORDINANCE NO. 840

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE ZONING DISTRICT DESIGNATION FOR 1405 CALIFORNIA STREET AND THE CITY’S OFFICIAL ZONING MAP
WHEREAS, the City of Crescent City is a general law city with the constitutional authority (“police power”) to make laws and regulations to protect the public health, safety and welfare; and
WHEREAS, the City establishes zoning districts by way of a Zoning Map which is adopted by ordinance; and
WHEREAS, the Planning Commission received an application to change the zoning district for a portion of APN 118-403-002-000 (1405 California Street) from the owner/developer; and
WHEREAS, the requested change was for 2.34 acres currently split zoned R-2 and C-2 to be rezoned to R-3 to allow for greater residential density; and WHEREAS, Planning Commission held a duly noticed public hearing, considered the request, and has made a formal recommendation with findings to the City Council by way of Resolution No. PC2024-04 to amend the zoning map; and WHEREAS, the City Council also held a duly noticed public hearing and considered the recommendation of the Planning Commission; and
WHEREAS, the City Council has determined the Zoning Map amendment is appropriate per the findings made herein; and
WHEREAS, it is necessary to adopt zoning changes by ordinance.

NOW, THEREFORE, the City Council of the City of Crescent City ordains as follows:

SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.

SECTION 2. UNCODIFIED ORDINANCE AMENDMENT. This Ordinance is an uncodified ordinance of the City of Crescent City.

SECTION 3. FINDINGS. The City Council makes the following findings:

3.01 Public Health, Safety & Welfare. The public health, safety and general welfare warrant that the zoning change be approved. (CCMC § 17.58.010.)

3.02 Zoning Purposes & Objectives. The proposed Rezoning Request and Zoning Amendment satisfies the purposes and objectives set forth in the Zoning Code at CCMC § 17.02.010 in that the amendment:

Crescent City Ordinance No. 840 Page 2 of 4
A. Provides a specific plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses depicted in the general plan (CCMC § 17.02.010(A)); B. Encourages a wholesome, serviceable, and pleasant living environment and establishes a stability of existing land uses which conform with the objectives, policies, principles, and standards of the general plan (CCMC §

17.02.010(B));
C. Prevents excessive population densities and overcrowding of land with structures (CCMC § 17.02.010(C));
D. Promotes the safe, effective traffic circulation system, provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities (CCMC § 17.02.010(D));
E. Protects and promotes properly located commercial and industrial activities in order to preserve and strengthen the city’s economic base (CCMC §

17.02.010(E));
F. Protects and enhances real property values and the city’s natural assets (CCMC § 17.02.010(F)); and
G. Provides for the orderly development of new urban expansion that is logical, desirable, and in conformance with the objectives and policies of the general plan (CCMC § 17.02.010(G)).

3.03 Zoning District Consistency. The proposed zoning amendment is consistent with the City’s High Density Residential District (R-3) Zoning Code, in that:

A. The proposed amendments are not located within the Coastal Zone and is not appealable to the Coastal Commission; and
B. The proposed uses will be consistent with the “multiple dwellings” which is principally permitted within the R-3 zone (CCMC § 17.16.020(A)); and C. The proposed uses are consistent with the intention to “provide living areas within the city where development provides for high density concentrations of dwelling units” (CCMC § 17.16.010(A)); and
D. The proposed amendments would require all proposed projects within the R-3 Zoning District to be subject to all zoning regulations including a Site Plan & Architectural Design Review (CCMC § 17.16.030) and CCMC §

17.79 requirements.

Crescent City Ordinance No. 840 Page 3 of 4
SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Crescent City is hereby amended to rezone the southern 2.34 acres of APN 118-403- 002-000 (1405 California Street) currently split-zoned Moderate Density Residential (R2) / General Commercial (C-2) to High Density Residential (R-3) as follows:

Current Zoning (R-2/C-2) New Zoning (R-3)

SECTION 5. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

SECTION 6. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and the City Council finds that the Planning Commission has already determined the change will allow development that is subject to a Class 32 exemption for infill development.

SECTION 7. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933. [signature page to follow]
Crescent City Ordinance No. 840 Page 4 of 4
INTRODUCED at a meeting of the City Council of the City of Crescent City held on _______________________, 2024.

PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this _____ day of __________2024 by the following polled vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Blake Inscore, Mayor
ATTEST:

Robin Altman, City Clerk
APPROVED AS TO FORM:

Martha D. Rice, City Attorney

CITY OF CRESCENT CITY PLANNING COMMISSION

AND ARCHITECTURAL DESIGN REVIEW COMMITTEE
AGENDA ITEM: #1
Incorporated April 13, 1854 web: www.crescentcity.org
February 8, 2024 Page 1 of 14 RZ23-01/ZA23-01/GPA23-02

STAFF REPORT
MEETING DATE: Thursday, February 8, 2024
TO: Planning Commission
FROM: Community Development Department, Planning & Zoning Ethan Lawton, City Planner / Consultant
SUBJECT: A Public Hearing to consider a Rezoning Request (Application RZ23- 01), a Zoning Map Amendment (Application ZA23-01), and a General Plan Map Amendment (Application GPA23-02) for Sam Schauerman’s proposed Roosevelt Estates (Phase 2) requesting 40-unit residential-only development located at 1405 California Street (APN 118-403-002).

SECTION 1: EXECUTIVE SUMMARY
Sam Schauerman has submitted a Rezoning
Request (Application RZ23-01), a Zoning
Map Amendment (Application ZA23-01),
and a General Plan Map Amendment
(Application GPA23-02) for a proposed
Roosevelt Estates (Phase 2) requesting 40-
unit residential-only development on a
partially developed (Phase 1 = 16-units)
parcel within the R-2/C-2 Zoning (ModerateDensity Residential District/General Commercial District) located at 1405
California Street (APN 118-403-002).

STAFF RECOMMENDS: “Motion to adopt
Resolution No. PC2024-04, read by title only,
A Resolution of the Planning Commission of
the City of Crescent City Approving a
Rezoning Request, a Zoning Map
Amendment, and a General Plan Map
Amendment for a 40-unit residential-only
development.

ATTACHMENTS:

A) RZ23-01/ZA23-01/GPA23-02
Application
B) Resolution PC2024-04
FIGURE 1-1: PROJECT LOCATION MAP
Source: Housing Element (December 2022)
City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
RZ23-01/ZA23-01/GPA23-02 Page 2 of 14 February 8, 2024
SECTION 2: BACKGROUND INFORMATION
The proposed project parcel is partially developed with a 7050 square foot (sf) commercial building and is in the process of developing Phase 1 of the project, which consists of 16 residential units.

ADDRESS:
1405 California Street
Crescent City, CA 95531
APN:
118-403-002-000
PARCEL SIZE:
±2.78 acres
±121,097 sf
PROJECT SIZE:

2.34 acres
101,930 sf
NOTICE OF PUBLIC HEARING:

A Notice of Public Hearing was submitted to the Del Norte Triplicate newspaper (on 01/11/24) to be published (on 01/24/24) in print/online circulation. A similar Notice of Public Hearing was mailed (on 01/22/24) to the property owners within 300-ft of the project location (CCMC §17.46.050) as required (Cal. Gov. Code §65090 & §65094).

REQUIRED FINDING #1 (BY THE COMMISSION):
□ The Planning Commission has considered this proposed project on this date at a duly noticed public hearing, staff report, and public testimony.

FIGURE 2-1: PROJECT PARCEL
Source: Parcel Quest (January 2024)
City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
February 8, 2024 Page 3 of 14 RZ23-01/ZA23-01/GPA23-02
SECTION 3: PROPOSED PROJECT DESCRIPTION
Sam Schauerman has submitted a Rezoning Request (Application RZ23-01), a Zoning Map Amendment (Application ZA23-01), and a General Plan Map Amendment (Application GPA23- 02) for a proposed Roosevelt Estates (Phase 2) requesting 40-unit residential-only development on a partially developed (Phase 1 = 16-units) parcel within the R-2/C-2 Zoning (ModerateDensity Residential District/General Commercial District) located at 1405 California Street (APN 118-403-002). These requests aim to rezone/amend approximately 2.34 acres from R-2/C2 (Moderate-Density Residential District/General Commercial District) zoning designation to a R-3 (High-Density Residential District), which would increase the density, allowing for additional housing through the proposed 40-unit residential development. The C-2 portion of the property currently has an existing 7,050 sq. ft commercial building fronting Washington Blvd, which will remain zoned C-2. The portion of the property zoned C-2 is approximately 1.24 acres while the southerly area zoned R-2 is approximately 1.54 acres. The project in total proposes 56 residential units with 36 two-bedroom units and 20 three-bedroom units, including ten buildings (seven in Phase 2 and three buildings from Phase 1).

REQUIRED FINDING #2 (BY THE COMMISSION):
□ Sam Schauerman has submitted a Rezoning Request (Application RZ23-01), a Zoning Map Amendment (Application ZA23-01), and a General Plan Map Amendment (Application GPA23- 02) for a proposed Roosevelt Estates (Phase 2) requesting 40-unit residential-only development on a partially developed (Phase 1 = 16-units) parcel within the R-2/C-2 Zoning (ModerateDensity Residential District/General Commercial District) located at 1405 California Street (APN 118-403-002).

FIGURE 3-1: PROPOSED RESIDENTIAL DEVELOPMENT
Source: Site Plan (January 23, 2024) See Attachment A: AR23-16 Application City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
RZ23-01/ZA23-01/GPA23-02 Page 4 of 14 February 8, 2024
SECTION 4: GENERAL PLAN CONSISTENCY
The proposed 40-unit residential-only development is currently located on a single lot with mixed-designations, the northern portion being General Commercial (GC) and the southern portion being Residential Multi-Family 15-30 (MF 15-30) General Plan (GP) land use designation (See Figure 4-1: Section of General Plan Map).

FIGURE 4-1: SECTION OF GENERAL PLAN MAP
Source: General Plan Map (May 2001)
However, the applicant has submitted a GP Map Amendment (Application GPA23-02) to amend the GP land use designation to become Multi-Family Residential 15-30 (MF 15-30). (See Figure 4-2: Before General Plan Map Amendment and Figure 4-3: After General Plan Map Amendment)
FIGURE 4-2: BEFORE GENERAL PLAN MAP AMENDMENT
The (northern half) GC land use designation may grant
“residentials uses as a secondary/mixed use at a density of 12 units per acre” with a conditional use permit as the intended uses are to “provide the Crescent City Planning Area with goods, services, and jobs.”
The (southern half) MF 6-15 land use designation principally permits “clustered multiple-unit buildings” at “residential densities range from a minimum of six to a maximum of 15 dwelling units per acre” as the intended uses are to “provide for moderate to high density residential development within the urban boundary.” GC
MF
6-15
City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
February 8, 2024 Page 5 of 14 RZ23-01/ZA23-01/GPA23-02
FIGURE 4-3: AFTER GENERAL PLAN MAP AMENDMENT
The (northern small portion) GC land use designation principally permits “commercial activities such as small retail stores and personal service shops” as the intended uses are to “provide the Crescent City Planning Area with goods, services, and jobs.” The (southern large portion) MF 15-30 land use designation principally permits “multiple-use buildings” at “residential range from a minimum of 15 to a maximum of 30 dwelling units per acre” as the intended uses are to “provide for high density residential development within the urban boundary.”
The proposed 40-unit residential-only development is a use consistent with the MF 15-30 GP land use designation and is relatively similar to some of the surrounding uses (See Table 4-1:

Comparison of surrounding Properties). Two of the sides are adjacent to GC Designations, providing a transition of CG to MF 15-30 to MF 6-15, which is appropriate for this entire block section with a mixed designation. The parcel has remained mostly vacant for many years and now is proposed for an infill project that provides much needed housing, as identified in the City’s 6th Cycle Housing Element.

TABLE 4-1: COMPARISON OF SURROUNDING PROPERTIES
Vicinity Land Use Designation Current Use
Project Property General Commercial (G-C) &
Multi-Family Residential (MF
6-15)
California Auto Image & (Phase 1) 16-
unit Residential
North General Commercial (G-C) &
Del Norte County
Del Norte Unified School District and
King of the Grind Boxing Club
South General Commercial District
(G-C) & Residential (SF 2-6)
Single Family Residential
East General Commercial (G-C) Uncharted Shores Academy & James C.

Standring Family Dentistry
West Residential (SF 2-6) Napa Auto Parts & Single Family Residential
SUPPORTING GENERAL PLAN GOALS/POLICIES:

Regarding General Plan Amendment Request:
-Goal 1.L. - “To provide for the on-going administration and implementation of the General Plan.”
-Policy 1.L.1. - “The City shall review the General Plan annually and revise it as deemed necessary.”
GC
MF
15-30
City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
RZ23-01/ZA23-01/GPA23-02 Page 6 of 14 February 8, 2024
-Policy 1.L.2. - “The City shall not amend the General Plan more than four times per year. Each amendment, however, may include multiple changes.”
-Policy 1.L.3. - “The City shall conduct a major review of the General Plan, including the General Plan policy document and background report, every five years and revise it as deemed necessary.”
-Policy 1.L.4. - “The City shall review and amend, as necessary, applicable ordinances and regulations to ensure consistency with the General Plan.” Regarding the Reasons for the General Plan Amendment Request:
-Policy 1.A.2. - “The City shall encourage infill development that makes efficient use of existing public infrastructure and is compatible with existing development.” -Policy 1.A.3. - “The City shall encourage project sites to be designed to increase the convenience, safety, and comfort of people using public transportation, walking, or cycling.” -Goal 1.F - “To provide adequate land in a range of residential densities to accommodate the housing needs of all income groups expected to reside in Crescent City, while ensuring a high quality of residential development.”
-Policy 1.F.2. - “The City shall ensure that infill development (either new or rehabilitated residential structures) is compatible with the overall established character of residential neighborhoods.”
-Policy 1.F.3. - “The City shall encourage higher residential densities at locations where convenient access and adequate facilities, including parks and open space, are readily available.”
-Policy 2.A.2. - “The City and County will continue to encourage maximization of residential development potential and limit underutilization of land through project design review.” -Policy 2.B.9. - “The City and County shall continue to monitor housing activity on an annual basis to assess whether their respective needs projections for all income levels are being met by voluntary open market (rather than mandatory inclusion) as they have in the past.” -Goal C. - “To assist in the development of adequate housing to meet the needs of low/very low and moderate-income households.”
-Policy 2.D.1. - “The City and County shall continue to maintain opportunities for all income groups by use of clustered development to maximize density and minimize land development and/or construction costs.”
-Policy 4.A.2. - “The City shall encourage new development to contribute its fair share to providing all public services and infrastructure necessary to serve that development.” -Policy 4.E.5. - “The City shall encourage new project designs that minimize drainage concentrations and impervious coverage and maintain, to the extent feasible, natural site drainage conditions.”
REQUIRED FINDING #3 (BY THE COMMISSION):
□ The proposed project would be consistent with this revised Crescent City General Plan’s (MF 15-30) land use designation, in that the proposed project:
a) Would be principally permitted as “multiple-use buildings” within the MF 15-30; b) “Provide[s] for high density residential development within the urban boundary” within the MF 15-30; and
c) Is supported by the General Plan goals (1.F, C, G, and 1.L) and policies (1.A.2, 1.A.3,

1.F.2, 1.F.3, 2.A.2, 2.B.9, 2.D.1, 4.A.2, 4.E.5, 1.L.1, 1.L.2, 1L.3, and 1.L.4).

City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
February 8, 2024 Page 7 of 14 RZ23-01/ZA23-01/GPA23-02
SECTION 5: ZONING CONSISTENCY
The proposed 40-unit residential-only development is currently located on a single lot with mixed-zones, the northern portion being General Commercial District (C-2) and the southern portion being Moderate-Density Residential District (R-2) (See Figure 5-1: Section of Zoning Map). The proposed project is not located within the Coastal Zone and is not appealable to the Coastal Commission.

FIGURE 5-1: SECTION OF ZONING MAP
Source: Zoning Map
(December 2007)
However, the applicant has submitted a Rezoning Request (Application RZ23-01) and Zoning Map Amendment (Application ZA23-01) to amend the Zoning designation to become HighDensity Residential District (R-3). (See Figure 5-2: Before Zoning Map Amendment and Figure 5-3: After Zoning Map Amendment).

FIGURE 5-2: BEFORE ZONING MAP AMENDMENT
The (northern half) C-2 zone allows “residential units up to thirty units per acre density, as either a mixed-use activity which is secondary to an existing or proposed commercial use, or as a residential-only development” with a conditional use permit (CCMC §17.22.020(B)(4)) as the intended uses are to “primarily to serve as the central trading area of the city (CCMC §17.22.010).” The (southern half) R-2 zone principally permits “multiple dwellings” (CCMC §17.14.020(A)(1)) at one “Dwelling Unit [per] Three thousand square feet” (CCMC §17.14.030(B)(5)) as the intended uses are to “provide living areas within the city where the residential density is of moderately dense concentrations” (CCMC §17.14.010(A)).

C-2
R-2
City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
RZ23-01/ZA23-01/GPA23-02 Page 8 of 14 February 8, 2024
FIGURE 5-3: AFTER ZONING MAP AMENDMENT
The (northern small portion) C-2 zone principally permits “Services located inside a building” (CCMC §17.22.020(A)(2)) as the intended uses are to “primarily to serve as the central trading area of the city (CCMC §17.22.010).”
The (southern large portion) R-3 zone principally permits “multiple dwellings” (CCMC §17.16.020(A)) at “fifteen hundred square feet per dwelling unit” (CCMC §17.16.030(B)(6)) as the intended uses are to “provide living areas within the city where development provides for high density concentrations of dwelling units” (CCMC §17.16.010(A)). This portion is the proposed project area.

ZONING: The proposed 40-unit residential-only development is a use consistent with the R-3 Zoning District and is similar to some of the surrounding uses (See Table 5-1: Comparison of surrounding Properties). Two of the sides are adjacent to C-2 Zoning, which serves to provide a transition of C-2 to R-3 to R-2, which is appropriate for this entire block section with a mixed zoning. The parcel has remained mostly vacant for many years and now is proposed for an infill project that provides much needed housing, as identified in the City’s 6th Cycle Housing Element.

TABLE 5-1: COMPARISON OF SURROUNDING PROPERTIES
Vicinity Land Use Designation Current Use
Project Property General Commercial District (C-2) &
Moderate-Density Residential District
California Auto Image &
(Phase 1) 16-unit Residential
North General Commercial District (C-2) &
Del Norte County
Del Norte Unified School
District & Commercial
South Low-Density Residential District (R-1) Single Family Residential East General Commercial District (C-2) Uncharted Shores Academy & Standring Family Dentistry
West General Commercial District (C-2) &
Low-Density Residential District (R-1)
Napa Auto Parts & Single
Family Residential
DEVELOPMENT STANDARDS & PROPOSED PROJECT:

A. Height and Area Regulations: All permitted uses within the R-3 Zoning District are subject to height and area regulations and are addressed below (See Table 5-2: Comparison of Height and Area Regulations).

C-2
R-3
City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
February 8, 2024 Page 9 of 14 RZ23-01/ZA23-01/GPA23-02
TABLE 5-2: COMPARISON OF HEIGHT AND AREA REGULATIONS
Zoning District Code Regulation Proposed
Height (CCMC §17.16.030(A)(1)) 35-ft 27-ft
Front Yard (CCMC §17.16.030(B)(1)) 10-ft 20-ft
[Exterior] Side Yard (CCMC §17.16.030(B)(2)) 5-ft 20-ft [Interior] Side Yard (CCMC §17.16.030(B)(2)) 5-ft 10-ft Rear Yard (CCMC §17.16.030(B)(3)) 10-ft 10-ft
Lot Area (CCMC §17.16.030(B)(5)) 6,000-sf 122,403-sf
Lot Coverage (CCMC §17.16.030(B)(6)) 65% 39.2%
B. Parking, Fencing, and Signs: All permitted uses within the R-3 Zoning District are subject to the general requirements regarding Parking (CCMC §17.16.070(A)), Fencing (CCMC §17.16.070(B)), and Signs (CCMC §17.16.070(c)) and are further addressed under Section 6: Site Plan & Architectural Design Review below.

C. Site Plan: All permitted uses within the R-3 Zoning District requires a Site Plan & Architectural Design Review (CCMC §17.16.080) and is further addressed under Section 6:

Site Plan & Architectural Design Review below.

REQUIRED FINDING #4 (BY THE COMMISSION):
□ The proposed amendments are consistent with the Crescent City’s High Density Residential District (R-3) Zoning Code, in that:
a) The proposed amendments are not located within the Coastal Zone and is not appealable to the Coastal Commission;
b) The proposed uses are consistent with the “multiple dwellings” which is principally permitted within the proposed R-3 zone (CCMC §17.16.020(A)); c) The proposed uses are consistent with the intention to “provide living areas within the city where development provides for high density concentrations of dwelling units” (CCMC §17.16.010(A));
d) The proposed amendments would require all proposed projects within the R-3 Zoning District to be subject to all zoning regulations including a Site Plan & Architectural Design Review (CCMC §17.16.030) and CCMC §17.79 requirements.

City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
RZ23-01/ZA23-01/GPA23-02 Page 10 of 14 February 8, 2024 SECTION 6: REZONING REQUEST AND ZONING AMENDMENT
The proposed Rezoning Request and Zoning Map Amendment for Sam Schauerman’s proposed Roosevelt Estates (Phase 2) requesting 40-unit residential-only development located at 1405 California Street (APN 118-403-002) requiring the scheduled public hearing for the Planning Commission to determine whether the proposed Rezoning Request (Application RZ23-01) and Zoning Map Amendment (Application ZA23-01) (See Attachment A) shall be approved or denied (CCMC §17.02.040), based on the following standards.

The zoning title is adopted to preserve, protect, and promote public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the title is adopted to achieve the following objectives (CCMC §17.02.010):

A. Guide Physical Development (CCMC §17.02.010(A)):

To provide a specific plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses depicted in the general plan.

B. Encourage and Establish (CCMC §17.02.010(B)):

To encourage a wholesome, serviceable, and pleasant living environment and to establish a stability of existing land uses which conform with the objectives, policies, principles, and standards of the general plan.

C. Prevention (CCMC §17.02.010(C)):

To prevent excessive population densities and overcrowding of land with structures.

D. Promote (CCMC §17.02.010(D)):

To promote the safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities and the appropriate location of community facilities.

E. Preserve and Strengthen (CCMC §17.02.010(E)):

To protect and promote properly located commercial and industrial activities in order to preserve and strengthen the city’s economic base.

F. Protect and Enhance (CCMC §17.02.010(F)):

To protect and enhance real property values and the city’s natural assets.

G. Orderly Development (CCMC §17.02.010(G)):

To provide for the orderly development of new urban expansion that is logical, desirable, and in conformance with the objectives and policies of the general plan.

If, in accordance with the provisions of this title and state statutes, changes are made in the district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the city council (CCMC §17.08.040).

City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
February 8, 2024 Page 11 of 14 RZ23-01/ZA23-01/GPA23-02 Upon completion of the redrafting of the map, the planning director shall, with their signature, file said map with the city council and the city clerk which will then constitute the official zoning map of the city (CCMC §17.08.040).

REQUIRED FINDING #5 (BY THE COMMISSION):
□ The proposed Rezoning Request and Zoning Amendment satisfies the objectives (CCMC §17.02.010), in that the amendments:
a) Provides a specific plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses depicted in the general plan (CCMC §17.02.010(A));
b) Encourages a wholesome, serviceable, and pleasant living environment and establishes a stability of existing land uses which conform with the objectives, policies, principles, and standards of the general plan (CCMC §17.02.010(B)); c) Prevents excessive population densities and overcrowding of land with structures (CCMC §17.02.010(C));
d) Promotes the safe, effective traffic circulation system, provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities (CCMC §17.02.010(D));
e) Protects and promotes properly located commercial and industrial activities in order to preserve and strengthen the city’s economic base (CCMC §17.02.010(E)); f) Protects and enhances real property values and the city’s natural assets (CCMC §17.02.010(F)); and
g) Provides for the orderly development of new urban expansion that is logical, desirable, and in conformance with the objectives and policies of the general plan (CCMC §17.02.010(G)).

SECTION 7: GENERAL PLAN AMENDMENT
The proposed General Plan Map Amendment for Sam Schauerman’s proposed Roosevelt Estates (Phase 2) requesting 40-unit residential-only development located at 1405 California Street (APN 118-403-002) requiring the scheduled public hearing for the Planning Commission to determine whether the proposed General Plan Amendment (Application GPA23-02) (See Attachment A) shall be approved or denied based on the following standards:

A. GP Revisions. The General Plan is a long-term document with a planning horizon of 15-25 years. To achieve its purposes, the plan must be flexible enough to respond to changing conditions and at the same time specific enough to provide predictability and consistency in guiding day-to-day land use and development decisions. Over the years, conditions and community needs change and new opportunities arise; the plan needs to keep up with these changes and new opportunities. (GP page 4)
B. GP Review. Every year, the Planning Commission should review the plan’s implementation programs to assess the City’s progress in carrying out the plan. Every five to ten years, the plan should be thoroughly reviewed and updated as necessary. (GP page 4) City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
RZ23-01/ZA23-01/GPA23-02 Page 12 of 14 February 8, 2024 C. GP Amendments. From time to time, the City will be asked to consider proposals for specific amendments to the plan. The City will initiate some of these proposals itself but will be initiated by private property owners and developers. Most General Plan amendments involve changes in land use designations for individual parcels. (GP page 4) D. State Law. State laws limit General Plan amendments to four times per year, but each amendment can include multiple changes. Like the adoption of the General Plan itself, general amendments are subject to environmental review, public notice, and hearing requirements and must not create inconsistencies with other parts of the plan. (GP page 4) REQUIRED FINDING #6 (BY THE COMMISSION):
□ The proposed General Plan Amendment satisfies the General Plan Amendment requirements (GP page 4), in that the amendment:
a) Must be flexible enough to respond to changing conditions and at the same time specific enough to provide predictability and consistency in guiding day-to-day land use and development decisions;
b) Needs to keep up with these changing conditions, community needs, and new opportunities that arise over the years;
c) Can be reviewed by the Planning Commission with the plan’s implementation programs to assess the City’s progress in carrying out the plan and updated as necessary; d) Are often requested by private property owners and developers, to consider proposals for specific amendments to the plan;
e) Frequently involve changes in land use designations for individual parcels; f) Are subject to environmental review, public notice, and hearing requirements; and g) Must not create inconsistencies with other parts of the plan.

SECTION 8: ENVIRONMENTAL DETERMINATION SUMMARY
The proposed project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to following sections of the CEQA Guidelines:

A. Class 32 §15332. In-Fill Development Projects, consists of the proposed project:

1. Is consistent with the applicable general plan designation, policies, and zoning designation and regulations:

The proposed project is consistent with the Crescent City General Plan’s Residential Multifamily (15-30) land use designation (incorporating the General Plan Amendment) and is consistent with the Crescent City’s High-Density Residential District (R-3) Zoning Code (with Zoning Amendment, Site Plan & Architectural Design Review);

2. Development occurs within city limits on a project site (<5 acres) substantially surrounded by urban uses:

The project site is located in the City of Crescent City, is approximately 2.78 acres, and is located adjacent to existing residential/commercial uses;

3. Site has no value, as habitat for endangered, rare, or threatened species:

City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
February 8, 2024 Page 13 of 14 RZ23-01/ZA23-01/GPA23-02 The project will be located on a site that has had past disturbances, is partially developed and contains no habitat value for rare, threatened, or endangered species;

4. Approval would not result in any significant effects relating to traffic, noise, air quality, or water quality:

The project proposes a residential use in a developed residential/commercial area that already services residential/commercial use and has a limited potential to result in significant traffic, noise, air quality, or water quality impacts;

5. Site can be adequately served by all required utilities and public services:

The site is surrounded by and is already adequately served by utilities and public services.

REQUIRED FINDING #7 (BY THE COMMISSION):
□ The proposed project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 32 §15332 (In-fill Development) of the CEQA Guidelines.

SECTION 9: PLANNING COMMISSION ACTION OPTIONS
A. APPROVAL. Making all the required findings.
• “I move to adopt Resolution No. PC2024-04, read by title only, A Resolution of the Planning Commission of the City of Crescent City Approving a Rezoning Request, a Zoning Map Amendment, and a General Plan Map Amendment for a for a 40- unit residential-only development.”
• Planning staff will send the applicant an approval letter, after the 10-day appeal period (CCMC §17.46.050), along with the resolution, as adopted by the Planning Commission during the public hearing. The resolution will be sent to the City Council and scheduled for consideration.

B. DENIAL. Denying one, or more, of the required findings. • “I move to deny the Rezoning Request (Application RZ23-01), Zoning Map Amendment (Application ZA23-01), and/or General Plan Map Amendment (Application GPA23-02) due to the requirements not being fully satisfied, specifically regarding ________.”
• Planning staff will send the applicant a denial letter stating why the application was denied. The applicant would not be allowed to build the residential accessory structure.

C. REQUEST ADDITIONAL INFORMATION. Requiring additional information to make the necessary findings.
• “I move to request additional information regarding __________ be brought back to the February 22, 2024 (or, time certain, Special) Planning Commission meeting for consideration.”
• Planning staff will follow up with the applicant requesting any additional information, which will continue this item on the next scheduled Planning Commission meeting agenda (CCMC §17.46.050) scheduled for Thursday, February 22, 2024 or a specific alternative Special Planning Commission meeting.

City of Crescent City - Regular Planning Commission Meeting Staff Report - Agenda Item: #1
RZ23-01/ZA23-01/GPA23-02 Page 14 of 14 February 8, 2024 SECTION 10: STAFF RECOMMENDATION

1. (Chair) “Agenized Item #1: A Public Hearing to consider a Rezoning Request (Application RZ23-01), a Zoning Map Amendment (Application ZA23-01), and a General Plan Map Amendment (Application GPA23-02) for Sam Schauerman’s proposed Roosevelt Estates (Phase 2) requesting 40-unit residential-only development located at 1405 California Street (APN 118-403-002).”

2. (Chair) “I will open the Public Hearing.”

3. (Chair) “We will now receive a presentation on the Staff Report from Planner Lawton.”

4. (Chair) “Does any Commissioners have any clarifying questions for staff?” a. (Chair) “Does the Applicant wish to address the Planning Commission?”

5. (Chair) “I will open Public Comment, which we will receive at the podium.” a. “We request that (1) you state your name and residency, (2) subject to a three-minute comment be directed to the Planning Commission for consideration, and (3) please state if you are for-or-against the proposed project.”
b. (Chair) Any clarifying questions?

6. (Chair) “I will close Public Comment.”

7. (Chair) “Is there any discussion on this item from the Commissioners?”

8. (Chair) “I believe a motion would be in order.”
a. (Commissioner) “I move to adopt Resolution No. PC2024-04, read by title only, A Resolution of the Planning Commission of the City of Crescent City Approving a Rezoning Request, a Zoning Map Amendment, and a General Plan Map Amendment for a for a 40-unit residential-only development.”
b. Note: Any changes should be included in the motion.

9. (Chair) “A motion has been made by Commissioner _________. Is there a second?”

10. (Chair) “It was seconded by Commissioner __________.”

11. (Chair) “A motion was made and seconded to: Adopt Resolution No. PC2024-04, read by title only, A Resolution of the Planning Commission of the City of Crescent City Approving a Rezoning Request, a Zoning Map Amendment, and a General Plan Map Amendment for a for a 40-unit residential-only development.”
a. Note: Any changes should be included in the motion.

12. (Chair) “Is there any additional discussion from the Commissioners on the motion?”

13. (Chair) “Seeing as there is no further discussion, it is time for a vote on the motion, Specialist Welton, can you poll the vote?”

14. (Chair) “The motion passes (or fails) by a vote of ___-to-___.” (Example 5-0) --- END OF REPORT ---
Incorporated .·lpril 13. 185-1

CITY OF CRESCENT CITY

PLANNING COMMISSION AND

ARCHITECTURAL DESIGN REVIEW COMMITTEE
RESOLUTION NO. PC2024-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CRESCENT

CITY RECOMMENDING TO THE CITY COUNCIL A REZONING REQUEST, ZONING AMENDMENT, AND GENERAL PLAN AMENDMENT FOR A 40-UNIT

RESIDENTIAL-ONLY DEVELOPMENT
WHEREAS, Sam Schauerman has submitted a Rezoning Request (Application RZ23-0l), a Zoning Amendment (Application ZA23-01), and a General Plan Amendment (Application GPA23-02) for a proposed Roosevelt Estates (Phase 2) requesting 40-unit residential-only development on a partially developed (Phase I= 16-units) parcel within the R-2/C-2 Zoning (Moderate-Density Residential District/General Commercial District) located at 1405 California Street (APN 118-403-002);
WHEREAS, the Planning Commission has considered this proposed project on this date at a duly noticed public hearing, staff report, and public testimony; WHEREAS, the Planning Commission finds that the proposed amendments are consistent with the Crescent City General Plan's (MF 15-30) land use designation, in that the proposed project:
a) will result in principally permitted "multiple-family buildings" within the MF 15- 3 0 designation;
b) "Provide[ s] for high density residential development within the urban boundary" within the MF 15-30; and
c) Is supported by the General Plan goals ( 1.F, C, G, and l .L) and policies ( 1.A.2, l.A.3, l.F.2, l.F.3, 2.A.2, 2.B.9, 2.D.1, 4.A.2, 4.E.5, l.L.1, l.L.2, IL.3, and l.L.4).

WHEREAS, the Planning Commission finds that the proposed amendments are consistent with the Crescent City's High Density Residential District (R-3) Zoning Code, in that:
a) The proposed amendments are not located within the Coastal Zone and is not appealable to the Coastal Commission;
b) The proposed uses will be consistent with the "multiple dwellings" which is principally permitted within the R-3 zone (CCMC §17.16.020(A)); c) The proposed uses are consistent with the intention to "provide living areas within the city where development provides for high density concentrations of dwelling units" (CCMC §17.16.0l0(A));
d) The proposed amendments would require all proposed projects within the R-3 Zoning District to be subject to all zoning regulations including a Site Plan & Architectural Design Review (CCMC §17.16.030) and CCMC §17.79 requirements.

WHEREAS, the Planning Commission finds that the proposed Rezoning Request and Resolution No. PC2024-04 Page 1 of 3 February 8, 2024
A Rezoning Request, Zoning Amendment, and General Plan Amendment For a (Phase 2) 40-unit Residential-Only Development
Zoning Amendment satisfies the objectives (CCMC §17.02.010), in that the amendments:
a) Provides a specific plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses depicted in the general plan (CCMC §17.02.0l0(A));
b) Encourages a wholesome, serviceable, and pleasant living environment and establishes a stability of existing land uses which conform with the objectives, policies, principles, and standards of the general plan (CCMC §17.02.0l0(B)); c) Prevents excessive population densities and overcrowding of land with structures (CCMC § 17.02.01 0(C));
d) Promotes the safe, effective traffic circulation system, provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities (CCMC §17.02.0l0(D));
e) Protects and promotes properly located commercial and industrial activities in order to preserve and strengthen the city's economic base (CCMC §17.02.0IO(E)); f) Protects and enhances real property values and the city's natural assets (CCMC § 17.02.0IO(F)); and
g) Provides for the orderly development of new urban expansion that is logical, desirable, and in conformance with the objectives and policies of the general plan (CCMC § 17.02.01 0(G))
WHEREAS, the Planning Commission finds that the proposed General Plan Amendment satisfies the General Plan Amendment requirements (GP page 4), in that the amendment:
a) Must be flexible enough to respond to changing conditions and at the same time specific enough to provide predictability and consistency in guiding day-to-day land use and development decisions;
b) Needs to keep up with these changing conditions, community needs, and new opportunities that arise over the years;
c) Can be reviewed by the Planning Commission with the plan's implementation programs to assess the City's progress in carrying out the plan and updated as necessary;
d) Are often requested by private property owners and developers, to consider proposals for specific amendments to the plan;
e) Frequently involve changes in land use designations for individual parcels; f) Are subject to environmental review, public notice, and hearing requirements; and g) Must not create inconsistencies with other parts of the plan.

WHEREAS, the Planning Commission finds that two of the project area sides are adjacent to GC Designations, providing a transition of CG to MF 15-30 to MF 6-15 and similarly a transition of C-2 to R-3 to R-2, which is appropriate for this entire block section with a mixed designation and zoning. The parcel has remained mostly vacant for many years and now is proposed for an infill project that provides much needed housing, as identified in the City's 6th Cycle Housing Element.

WHEREAS, the Planning Commission finds that the proposed amendments proposed project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 32 §15332 (In-fill Development) of the CEQA Guidelines.

Resolution No. PC2024-04 Page 2 o/3 February 8, 2024
Shamblin, Tinkler, Walp
None
None
Decossio, Wendt
A Rezoning Request, Zoning Amendment, and General Plan Amendment For a (Phase 2) 40-unit Residential-Only Development
NOW THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Crescent City recommends to the City Council for Consideration the Rezoning Request (Application RZ23-01), Zoning Amendment (Application ZA23-01), and General Plan Amendment (Application GPA23-02) for Sam Schauerman to construct a proposed Roosevelt Estates (Phase 2) 40-unit residential-only development located at 1405 California Street (APN 118-403-002).

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Crescent City held on this 8th day of February 2024, by the following polled vote.

AYES:

NOES:

ABSTAIN:

ABSENT:

Heather
ATTEST:
~ Welton, Community Development Specialist
Resolution No. PC2024-04 Page3 of3 February 8, 2024

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ERIC WIER, CITY MANAGER
MARTHA D. RICE, CITY ATTORNEY
DATE: FEBRUARY 20, 2024
SUBJECT: TRI-AGENCY ECONOMIC DEVELOPMENT AUTHORITY JPA
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Further Council discussion
• Receive public comments
• Options:
o Approve the revised Joint Powers Agreement for the Tri-Agency Economic Development Authority as approved by the County Board of Supervisors o Approve the revised Joint Powers Agreement for the Tri-Agency Economic Development Authority as approved by the Harbor Commission o Approve the revised Joint Powers Agreement with modifications as directed by the City Council

BACKGROUND
The Tri-Agency Economic Development Authority (“Tri-Agency”) is a joint powers agency organized under the Joint Exercise of Powers Act, Government Code Section 6500 et seq. Tri-Agency is governed by a board made up of two members from each of the three member agencies, the City of Crescent City, the County of Del Norte, and the Crescent City Harbor District. Tri-Agency was originally formed in the aftermath of the 1964 tsunami to help drive economic recovery.

Tri-Agency is responsible for bringing two revolving loan programs into the community.

One from the Department of Commerce, administered since 1976 through the Del Norte Economic Development Corporation (“DNEDC”). And a second one from the USDA administered directly by Tri-Agency since 1997. In addition, Tri-Agency is responsible for numerous strategic planning and coordinating efforts, from forming the Council of Economic Advisors, to creating the county’s first Comprehensive Economic Development Strategy (“CEDS”), a prerequisite for numerous federal grant and assistance programs.

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2 Tri-Agency has also been instrumental in projects involving the sewer and airport, and the creation of the Visitor’s Bureau, currently a part of the Crescent City – Del Norte Chamber of Commerce.

In 1997, Tri-Agency borrowed $400,000 from USDA Rural Redevelopment under an “Intermediary Lending Program.” The interest on the loan was 1.0% per annum for 30 years. Tri-Agency defaulted on the loan in 2011 and USDA accelerated the loan in 2012.

At that time the principal balance was $263,799.61 with unpaid interest of $4,603.84. TriAgency has struggled to function in any meaningful way since it defaulted on the USDA loan in 2011. The member agencies ceased making annual contributions and a lawsuit ensued between the Tri-Agency and the recently separated executive director, which left the agency lacking funds and staff support. The USDA loan program helped numerous small businesses. The initial loans made by Tri-Agency were, with one exception, successful. However, the second round of lending was far less successful and in 2020, Tri-Agency exhausted its debt collection efforts.

There had been numerous attempts to settle Tri-Agency’s debt with the USDA over several years. In 2020, USDA agreed to settle the debt, but said they would still send the remaining debt to the Treasury Department for collection, meaning that the debt would still exist. Tri-Agency cannot dissolve while it has outstanding debt. Doing so would subject each of the individual member entities to the entire collection of the debt by the Treasury Department. Thus, if the member agencies desired to make Tri-Agency a viable entity, the USDA debt must be paid. And, if the member agencies desired to dissolve TriAgency, the USDA debt must be paid. Either way, until the debt was paid, it was impossible to move forward in either direction.

On October 25, 2022, a joint meeting of City Council, the County Board of Supervisors, and the Harbor Commission was held so that the governing boards could decide and agree upon a split of $160,000 of the outstanding USDA debt. The Harbor District agreed to increase its prior commitment of $25,000 to $40,000. The County Board of Supervisors and the City Council agreed to split the remaining balance between them. Both the Board and the Council committed to paying $60,000 toward the Tri-Agency’s debt to USDA.

On July 25, 2023, another joint meeting of City Council, the County Board of Supervisors, and the Harbor Commission was held where each of the member agencies voted to continue the Tri-Agency Economic Development Authority. At that meeting it was presented that the Tri-Agency needed contributions of $110,000 to hire consultant staff.

The funds requested were $70,000 from the County, $30,000 from the City, and $10,000 from the Harbor. All the entities were in agreement that the joint powers agreement needed to be revised to allow for the inclusion of tribal governments and to prohibit the Tri-Agency from serving as a lender of last resort.

ITEM ANALYSIS
On October 13, 2023, the Governing Board of the Tri-Agency Economic Development Authority, a Joint Powers Authority consisting of the County, the City, and the Harbor

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3 District, considered a draft version of an amendment to revise the existing Joint Powers Agreement (JPA). At that same meeting the Governing Board expressed an intent to send the revised JPA to the member entities for comments. The draft JPA was not presented to the City Council for comment. It does not appear that the draft JPA was presented to the Harbor Commission for comment either. The draft JPA was presented to the Board of Supervisors for review and comments on November 21, 2023. The draft JPA included the following material changes to the 1997 agreement (as described in the County Board Report):

1. Deletion of Section 1.08 (Project Independence)

2. Deletion of Section 1.09 (Del Norte County Strategic Plan)

3. Deletion of Section 2.02 (Economic Development)

4. Modification of Section 4.02 (Treasurer), changing the designation of the TriAgency Treasurer from the Secretary to the County Treasurer pursuant to Government Code Section 6505.5

5. Addition of new section to Article V (new Section 5.02 – Restriction Upon the Manner of Exercising Power), adding reference to Government Code Section 6509 specifying that the JPA is subject to the same restrictions on the exercise of power that are applicable to the County

6. Addition of item (d) to Section 5.05 (Restrictions on Powers), adding language specifying that Tri-Agency shall not operate any form of lending program

7. Modification of all section of Article VI (Method of Procedure) to remove references to “Project Independence” and “Del Norte County Strategic Plan” provisions stated in the Agreement

8. Deletion of Section 6.02 (Prior Approval of Governing Body for Construction of Improvements)

9. Modification of Section 7.02 (Contributions), removing specific contribution amounts as well as deletion of language specifying that contributions shall “only be used for ordinary administrative and operating expenses of the AUTHORITY and for payment of fees and costs incurred or to be incurred by the AUTHORITY in connection with the preparation, filing and processing of one or more applications for federal financial assistance required for the implementation of the Economic Development Action Plan and Strategy as referred to hereinabove in this Agreement.”

10.Deletion of Section 7.03 (Advances)

11.Modification of Section 7.04 (Annual Budget) to remove the following (struck through) language from Section 7.04.C: “After submission of the budget estimate, the GOVERNING BOARD shall fix a time and a place for hearing by the GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice of such hearing to be published at least ten (10) days prior to the date set for hearing in a newspaper of general circulation in the area pursuant to Sections 6060 and 6061 of the Government Code of the State of California, and shall give mailed notice of such hearing to each party to this Agreement.”

12.Modification of Section 7.05 (Records and Accounts) to change the designation of the Authority’s Secretary as having the responsibility of causing the books of account and other financial records of the Authority to be audited annually to

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4 assign that responsibility to the “Auditor”. Government Code Section 6505.5, which states “[t]he officer performing the function of auditor or controller shall be of the same public agency as the treasurer designated as depositary pursuant to this section”, coupled with the designation of the County Treasurer as the Authority’s Treasurer in Section 4.02 has the practical effect of imposing the duties of the auditor to the Authority upon the County Auditor.

Following a lengthy discussion, the Board of Supervisors approved the draft JPA with several material changes to the draft JPA (most of which were recommended by County staff):

1. Modification of Section 4.02 (Treasurer), we recommend that that the Authority’s Secretary continue to be designated as the Authority’s Treasurer as provided for in the current Agreement. Moreover, we also recommend that this section be retitled to “Treasurer/Auditor” and that the Authority Secretary should also be designated as the Authority’s Auditor, as authorized pursuant to Government Code Section 6505.6.

2. Modification of Section 5.05 (Specific Powers), remove the language related to the investment of Authority funds in the “treasury” within subsection 5.05.I of the draft JPA, so as to not be conflated with authorization for the deposit of Authority funds in the “Treasury”, which is commonly understood to be the County Treasury. The language recommended by staff clarifies this and still provides for the ability of the Authority to invest funds in the Authority’s own Treasury, in the same manner and upon the same conditions as local agencies as provided for in statute (Government Code Sec. 53600).

3. Modification of Section 7.04 (Annual Budget)
a. Remove the language from existing Agreement that is retained in the Authority’s draft version which specifies that the Authority’s budget “…may be published with the County budget” as this language could contribute to misunderstanding that the Authority budget is part of the County budget, which it is not.
b. Reinsert the language that is proposed to be deleted in the draft version of the Agreement from Section 7.04.C: “After submission of the budget estimate, the GOVERNING BOARD shall fix a time and a place for hearing by the GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice of such hearing to be published at least ten (10) days prior to the date set for hearing in a newspaper of general circulation in the area pursuant to Sections 6060 and 6061 of the Government Code of the State of California, and shall give mailed notice of such hearing to each party to this Agreement.”
c. Reversion of language in Section 7.05 (Records and Accounts). Authority’s Secretary to remain the officer designated as the party responsible for causing the books of account and other financial records of the Authority to be audited annually, as provided for in the existing Agreement, particularly if the Secretary retains the responsibility of Authority Treasurer.

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5 4. Addition of subsection “E” to Section 5.05 (Restrictions on Powers) to read: “The AUTHORITY shall not support or pursue activities involving the offshore generation of wind energy.”
The version of the draft revised JPA approved by the County Board of Supervisors is attached to this staff report. At their meeting held February 6, 2024, the Harbor Commission voted to approve the draft revised JPA as approved by the County Board of Supervisors minus the clause prohibiting Tri-Agency from supporting or pursuing activities involving thew offshore generation of wind energy (Section 5.05.E.). As reported in the Wild Rivers Outpost, the Harbor Commissioners’ rationale for striking the clause was to enable the Tri-Agency to continue to have a seat at the table regarding offshore wind energy even if the entity ultimately opposed it.

The City Council may approve the draft revised JPA as approved by the County, by the Harbor, or as otherwise modified by Council direction. The JPA will not be effective until all member agencies have agreed to and executed the same version. The Council’s action this evening will be formally presented to the Harbor District and the Board of Supervisors for further action, as necessary and appropriate.

FISCAL ANALYSIS
The approval of a revised joint powers agreement will not have a direct fiscal impact on the City. The action could, however, lead to future direct and indirect financial impacts, including annual monetary contributions for ongoing agency operations or potential economic development activities that bring in additional revenues as a result of Tri-Aency programs or projects.

STRATEGIC PLAN ASSESSMENT
The recommended action 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; A. Enhance collaboration with other agencies and the community to better aid the public.

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. [REVISED] JOINT POWERS AGREEMENT FOR TRI-AGENCY ECONOMIC

DEVELOPMENT AUTHORITY AS APPROVED BY BOARD OF SUPERVISORS

2. 1997 JOINT POWERS AGREEMENT (CURRENT)

JOINT POWERS AGREEMENT FOR TRI-AGENCY ECONOMIC DEVELOPMENT

AUTHORITY
THIS JOINT POWERS AGREEMENT, originally made and entered on the 9th day of December, 1975, and amended on October 28, 1997, by and between the COUNTY OF DEL NORTE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", the CITY OF CRESCENT CITY, California, a municipal corporation, hereinafter referred to as "CITY", and the CRESCENT CITY HARBOR DISTRICT, a public agency duly formed and operating in Del Norte County, California, under the Harbors and Navigation Code of the State of California hereinafter referred to as "DISTRICT" is amended by said parties this _______ day of __________________, 2023.

Recitals: This Agreement is made with reference to the following facts:
(a) WHEREAS, the Joint Exercise of Powers Act, Government Code section 6500 et seq., permits two or more public agencies by agreement to jointly exercise any powers common to the contracting parties, and further provides additional powers; and (b) WHEREAS, the Members further have the common powers to establish programs to meet the social needs of their population, including promoting the economic development and welfare of their communities, and to do all acts necessary to participate in any federal program whereby federal funds are granted for purposes of public works or community improvement, pursuant to Government Code sections 12100 et seq., 26227, 52200 et seq., and 53703; and (c) WHEREAS, the Members, in a joint effort, have created the Del Norte Comprehensive Economic Development Strategy (“CEDS”) in accordance with 13 C.F.R §303.7, which states: “CEDS are designed to bring together the public and private sectors in the creation of an economic roadmap to diversify and strengthen Regional economies. The CEDS should analyze the Regional economy and serve as a guide for establishing Regional goals and objectives, developing and implementing a Regional plan of action, and identifying investment priorities and funding sources. Public and private sector partnerships are critical to the implementation of the integral elements of a CEDS set forth in paragraph (b) of this section. As a performance-based plan, the CEDS will serve a critical role in a Region's efforts to defend against economic dislocations due to global trade, competition and other events resulting in the loss of jobs and private investment.” The CEDS is updated periodically.
(d) WHEREAS, the Members may adopt individual economic development strategies as well. (e) WHEREAS, the geographic isolation of Del Norte County requires the coordination and efforts of all governmental entities in the County, including the Tribal Governments, to demand and aid in the maintenance and development of transportation routes to the rest of the state and to demand and aid in the development and maintenance of electrical and broadband infrastructure. (f) WHEREAS, California Senate Bill 100, Officially titled “The 100 Percent Clean Energy Act of 2018” sets a goal of powering all retail electricity sold in California and state agency electricity needs with renewable and zero-carbon resources—those such as solar energy that do not emit climate-altering greenhouse gasses. Complying with state goals and mandates requires a coordinated effort from all local governmental entities. (g) WHEREAS, the necessity for additional and improved public facilities and services, stimulation of public and private economic development activities, initiating new and more effective financial assistance procedures and mechanisms as required for further public and private economic development programs and projects, presents problems which cannot be adequately met by individual public agencies in this area; and
(h) WHEREAS, the COUNTY, CITY and DISTRICT, have heretofore formally created the TRIAGENCY ECONOMIC DEVELOPMENT AUTHORITY and have appointed two representatives from each such public agency to serve as the GOVERNING BOARD of said TRI-AGENCY; and (i) WHEREAS, the parties hereto recognize that the exigencies of the economic problems in this area and within their respective jurisdictions require that the COUNTY, CITY and DISTRICT unify and coordinate their efforts in solving said economic problems by entering into this Agreement to provide for the joint exercise of their said powers in implementing this area's economic development goals.
(j) WHEREAS, such a Joint Powers Agreement is authorized by the provisions of Title I, Division 7, Chapter 5 (commencing with section 6500) of the Government Code of the State of California which authorizes the joint exercise by agreement of two or more public agencies of any power common to them;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

ARTICLE I

DEFINITIONS
SECTION 1.01. GENERAL. Unless the context otherwise requires, the words and terms defined in this ARTICLE shall, for the purposes hereof, have the meanings herein specified.

SECTION 1.02. ACT. ACT means Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of California.

SECTION 1.03. ADMINISTRATIVE EXPENSE. Administrative expense means those sums of money required to be expended by the AUTHORITY from an administrative expense fund to be established and maintained by the AUTHORITY to finance those costs of administering this Agreement and for carrying out the powers and functions authorized in this Agreement.

SECTION 1.04. AUTHORITY. AUTHORITY means the TRI-AGENCY ECONOMIC DEVELOPMENT AUTHORITY created pursuant to this Agreement.

SECTION 1.05. FISCAL YEAR. Fiscal year means the period from July 1 to and including the following June 30.

SECTION 1.06. GOVERNING BOARD. GOVERNING BOARD means the GOVERNING BOARD of the AUTHORITY established pursuant to this Agreement.

SECTION 1.07. STATE. State means the state of California.

ARTICLE II

PURPOSE
SECTION 2.01. PURPOSE It is the purpose of the AUTHORITY to implement, coordinate and administer general economic development programs on behalf of the member agencies. General economic development programs shall include, but are not limited to, public works projects, projects which raise the economic and educational levels of the residents of Del Norte County, projects which provide jobs, and projects which assist industrial development.

ARTICLE III

FORMATION AND ORGANIZATION
SECTION 3.01 CREATION OF AUTHORITY. Pursuant to the ACT, there is hereby created a public entity to be known as the "TRI-AGENCY ECONOMIC DEVELOPMENT AUTHORITY", herein called "AUTHORITY". The AUTHORITY is a public entity separate and apart from COUNTY, CITY and DISTRICT and shall administer this Agreement, subject only to the restrictions that the City of Crescent City would have if it were administering and executing this Agreement, and any other express limitation set forth in this Agreement.

SECTION 3.02 GOVERNING BOARD. The AUTHORITY shall be administered by a GOVERNING BOARD of six (6) members and three (3) alternates. Two (2) members and one (1) alternate member shall be appointed by the City council of CITY from its Council two (2) members and one (1) alternate member shall be appointed by the Board of Supervisors of COUNTY from its Board; and two (2) members and one (1) alternate member shall be appointed by the Board of Harbor Commissioners of DISTRICT from its Board. Alternates shall have voting powers only if one or more of its members from the same jurisdiction are absent. The GOVERNING BOARD shall be called the "GOVERNING BOARD OF THE TRI-AGENCY ECONOMIC DEVELOPMENT AUTHORITY". All voting power of the AUTHORITY shall reside in the GOVERNING BOARD.

Each member of the GOVERNING BOARD shall serve at the pleasure of the authority that appointed that member. Each member shall cease to be a member of the GOVERNING BOARD when such member ceases to hold office on the governing body of the authority that appointed that member. Vacancies on the GOVERNING BOARD shall be filled by the respective appointing parties. Any member of the GOVERNING BOARD of the AUTHORITY may be removed at any time in the same manner as that member was appointed.

A. No person while serving as a member of the GOVERNING BOARD of the AUTHORITY shall be eligible to be appointed to any other salaried office or employment in the service of the AUTHORITY nor shall that member become eligible for such appointment within one year after that member has ceased to be a member of the GOVERNING BOARD of the AUTHORITY.

B. The members of the GOVERNING BOARD of the AUTHORITY shall be compensated for time spent and reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in the bylaws.

SECTION 3.03. REGULAR MEETINGS. The GOVERNING BOARD shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held once each month. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the GOVERNING BOARD, and a copy of such resolution shall be filed with each party hereto.

SECTION 3. 04. RALPH M. BROWN ACT. All meetings of the GOVERNING BOARD, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the RALPH M. BROWN ACT (commencing with Section 54950 of the Government Code ofꞏ the State of California).

SECTION 3.05. MINUTES. The Secretary of the AUTHORITY shall cause to be kept minutes of the meetings of the GOVERNING BOARD and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the GOVERNING BOARD.

SECTION 3.06. QUORUM. Four (4) members of the GOVERNING BOARD shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn, from time to time; provided that both of the following shall occur for the approval of any action of the GOVERNING BOARD: (a) the affirmative vote of at least four (4) members of the GOVERNING BOARD and (b) that there is at least one (1) vote on the prevailing side from each of CITY, COUNTY, and DISTRICT.

SECTION 3.07. RULES. The GOVERNING BOARD of the AUTHORITY may adopt, from time to time, such rules and regulations for the conduct of its meetings and affairs as are necessary for the purposes hereof.

SECTION 3.08. OFFICE. The GOVERNING BOARD of the AUTHORITY may establish and maintain an office within the area as it deems will best facilitate the accomplishment of the objectives and purposes of the AUTHORITY.

SECTION 3.09. BOUNDARIES, The TRI-AGENCY ECONOMIC DEVELOPMENT AUTHORITY shall encompass all of the territory within the geographical boundaries of DEL NORTE COUNTY, California.

SECTION 3.10. AUTHORITY OF PARTIES TO AGREEMENT. The delegation of certain powers to the AUTHORITY shall not affect or diminish the authority of any of the parties to this Agreement. Each party to this Agreement shall have and retain the authority, within a reasonable time after notice, to determine if the proposed project is in compliance with all rules, regulations, permits and standards within its jurisdiction as would apply to any other project.

ARTICLE IV

OFFICERS AND EMPLOYEES
SECTION 4.01. CHAIRMAN, VICE-CHAIRMAN AND SECRETARY. The GOVERNING BOARD shall elect a Chairman and Vice-Chairman and shall appoint a Secretary who may, but need not, be a member of the GOVERNING BOARD. The officers shall perform the duties normal to said offices; and A. The Chairperson shall sign all contracts on behalf of the AUTHORITY and perform such other duties as may be imposed by the GOVERNING BOARD;
B. The Vice-Chairperson shall act, sign contracts, and perform all of the Chairperson's duties in the absence of the Chairperson; and
C. The Secretary shall countersign all contracts on behalf of the AUTHORITY, perform such other duties as may be imposed by the GOVERNING BOARD, and keep minutes of all meetings and cause a copy of the minutes to be forwarded to each of the members of the GOVERNING BOARD and to COUNTY, CITY and DISTRICT.

SECTION 4.02. DESIGNATION OF TREASURER/AUDITOR. As allowed for pursuant to Section 6505.6 of the ACT, the Secretary shall serve as the Treasurer and as the Auditor to the AUTHORITY.

Serving in these roles, the Secretary shall comply with the duties and responsibilities set forth in subdivisions (a) to (d) of Section 6505.5 of the ACT. As required by Section 6505.6, the Secretary shall cause an independent audit to be made by a certified public accountant or public accountant.

SECTION 4.03. LEGAL ADVISOR. The AUTHORITY may contract for legal service with counsel as required and shall bear the cost out of its own operating funds.

SECTION 4.04. OTHER EMPLOYEES. The GOVERNING BOARD shall have the power to appoint and employ such other officers, employees, consultants, advisors and independent contractors as may be necessary for the purposes hereof.

SECTION 4.05. COMPENSATION. The GOVERNING BOARD shall determine the compensation of, and pay from AUTHORITY funds (including payment from funds which the AUTHORITY may receive from time to time in the form of federal and state grants) the salaries, wages, fees and other compensation of such planning, engineering, legal financial, or other technical and professional personnel, consultants, and other employees of the AUTHORITY.

SECTION 4.06. NON-CIVIL SERVICE. Nothing herein contained shall be construed as making the AUTHORITY a department of the COUNTY, CITY or DISTRICT or as placing any of the officers, counsel, personnel, or employees of the AUTHORITY under any form of Civil Service or merit system or under any other form of specially protected employment right or status.

ARTICLE V
POWERS
SECTION 5.01. GENERAL POWERS. The AUTHORITY created by this Agreement shall exercise its general powers relating to economic development.

As provided in the ACT, the AUTHORITY shall be a public entity separate from the parties hereto. The AUTHORITY shall have the power to administer, carry out and implement the stated purposes of the AUTHORITY, including, but not limited to, the power to finance, acquire, construct, lease, operate and maintain project structures, buildings and facilities; all subject to the provisions of this Agreement.

SECTION 5.02. RESTRICTION UPON THE MANNER OF EXERCISING POWER. Pursuant to Government Code Section 6509, the power of the AUTHORITY is subject to the restrictions on the exercise of power applicable to the COUNTY.

SECTION 5.03. REVENUE BONDS. The AUTHORITY, as a separate public entity, shall have the power to issue revenue bonds pursuant to the laws of the State of California as the same now reads or may be hereafter amended, and to provide for the repayment thereof. The AUTHORITY shall also have all the powers provided for in Article 2 of the ACT (commencing with Government Code Section 6540), as said ACT now reads or may be hereafter amended.

SECTION 5.04. SPECIFIC POWERS. The AUTHORITY is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers for the purposes of this Agreement including, but not limited to, any or all of the following:

A. To make and enter into contracts;
B. To employ agents, employees, consultants, and independent contractors; C. To acquire, construct, manage, maintain or operate any buildings, works, or improvements; D. To acquire, hold or dispose of real and personal property, or any interest therein, by deed, purchase, lease, contract, gift, devise, or otherwise;
E. To sue and be sued in its own name, except as otherwise provided by law.

F. To incur debts, liabilities or obligations, provided that no debt, liability or obligation shall constitute a debt, liability or obligation of COUNTY, CITY or DISTRICT; G. To apply for, accept, receive and disburse grants, loans and other financial assistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, public or private, and expend such funds for the purposes set forth in this Agreement;
H. To delegate portions of its functions to an advisory body or administrative entity for the purposes of program development or program implementation; provided, however, that any annual budget of the agency to which the delegation is made must be approved by the GOVERNING BOARD of the AUTHORITY.

I. To invest any money, pursuant to Section 6505.5 of the ACT, that is not required for the immediate necessities of the AUTHORITY, as the AUTHORITY determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to California Government Code Section 53600, et seq., as hereafter modified and supplanted;
J. To carry out and enforce all the provisions of this Agreement; K. To contract for and obtain insurance against any insurable risk reasonably anticipated to result from the exercise of any powers or functions of the AUTHORITY or the performance of any duties by the officers and employees of the AUTHORITY;
L. To make, adopt, amend, and repeal its bylaws, rules, resolutions, and procedural regulations not inconsistent with, and to carry into effect, the powers granted in and purposes of this Agreement; M. To perform such duties and functions as may be necessary or appropriate for the administration and coordination of federal or state assisted economic planning and development programs and projects within the geographical boundaries of Del Norte County, California; N. To do any perform any and all acts necessary to participate in federal or state assisted economic development projects within the jurisdictional boundaries of the AUTHORITY, including, without limitation, applying for, accepting and administering grants or other financial assistance from the federal government, the state, or other public agencies, or from any other sources, public or private, for such economic development projects; to use and expend such funds for any of the purposes as described or referred to in this Agreement; and to enter into and carry out contracts or agreements in connection therewith which are not inconsistent with the purposes and powers of the AUTHORITY as set forth in this Agreement; and
O. To adopt a seal and alter it at its pleasure.

P. To establish appropriate operating committees and special advisory commissions to assist the AUTHORITY in carrying out the purposes of this Agreement as set forth in ARTICLE II and to assist the AUTHORITY in implementing economic development projects and programs to improve the quality of life in the area.

SECTION 5.05. RESTRICTIONS ON POWERS. The following specific restrictions on the powers and functions of the AUTHORITY shall apply and be observed by the AUTHORITY:

A. The AUTHORITY shall have no taxing powers.

B. The AUTHORITY shall not interfere in the internal affairs of a member entity.

C. The AUTHORITY shall have no veto power over grant applications submitted to State or federal agencies by a member entity.

D. The AUTHORITY shall not operate any form of lending program, including, but not limited to, revolving loan programs, intermediate relending programs, or any other program which requires the AUTHORITY to borrow or otherwise obligate itself for the purpose of directly financing community businesses.

E. The AUTHORITY shall not support or pursue activities involving the offshore generation of wind energy.

SECTION 5.06. CLAIMS. All claims and actions for money or damages against the AUTHORITY and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title I of the Government Code of the State of California. The AUTHORITY shall be deemed a "public entity" within the meaning of Section 811.2 of Division 3.6 of Title I of said Government Code.

SECTION 5.07. INTERESTS IN CONTRACTS. The provisions of Article 4 (commencing with Section 1090), and Article 4 ,5 (commencing with Section 1100), Chapter 1, Division 4, Title 1 of the Government Code of the State of California prohibiting certain financial interests in public contracts shall apply to the officers, directors and employees of the AUTHORITY.

SECTION 5.08. ENFORCEMENT BY AUTHORITY. The AUTHORITY is hereby authorized to take any or all legal actions necessary and permitted by law to enforce this Agreement.

ARTICLE VI

METHOD OF PROCEDURE
SECTION 6.01. ASSUMPTION OF RESPONSIBILITIES. Upon completion of the initial organization of the GOVERNING BOARD and the appointment of the Secretary and Legal Advisor, the AUTHORITY shall proceed to carry out its duties and responsibilities as set forth in this Agreement.

SECTION 6.02. FINANCING ACTIVITIES PRECEDING CONSTRUCTION. The AUTHORITY shall secure funds or a firm commitment of funds adequate to finance the activities necessary to be carried out prior to the award of a contract for the construction of any public project or other economic development project, which includes, but is not limited to, the preparation of construction plans and specifications, and the acquisition of permits, rights-of-way and land necessary for the construction. The AUTHORITY shall secure such funds through federal and state grants, the issuance of bonds, advances from the parties hereto, or by any combination thereof.

SECTION 6.03. ACTIVITIES PRECEDING CONSTRUCTION. Upon securing funds (or a firm commitment of funds) deemed adequate by the GOVERNING BOARD to finance the cost of the activities necessary to be carried out prior to the award of a contract for the construction of any public project or other economic development project, the AUTHORITY shall proceed to contract with one or more engineering and/or architectural firms for the preparation of construction plans and specifications, to acquire said necessary permits, rights-of-way and land, and to carry out all other activities which are necessarily to be performed prior to the award of a contract for the construction of any public works or other economic development project.

Nothing contained in this Agreement shall be construed as limiting or restricting the timing or procedure to be followed by the AUTHORITY in obtaining financing required for implementation of any project, if some other or different procedure or timing is required by any federal or state agency providing financial assistance to the AUTHORITY.

SECTION 6.04. PROJECT FINANCING. Prior to, or upon completion of the preparation of construction plans and specifications, the AUTHORITY shall secure funds (or a firm commitment of funds) adequate to finance the cost of constructing the development project. The AUTHORITY shall secure such funds or firm commitment of such funds through federal and state grants and from the issuance of revenue bonds and from other available sources. Said funds shall be adequate, with the proceeds of prior bond issues, if any, to finance the entire cost of that portion of the public project for which said plans and specifications have been completed, including, but not limited to, the costs of repaying advances made to the AUTHORITY by the parties hereto and for which repayment was a condition of such advance, the cost of all activities necessarily carried out by the AUTHORITY prior to the award of a contract for the construction, Interest expenses estimated to accrue prior to the completion of construction, and the estimated cost of the construction and all costs incidental thereto.

SECTION 6.05. CONSTRUCTION. Upon securing funds (or a firm commitment of funds) deemed adequate by the GOVERNING BOARD to finance the entire cost of constructing any economic development project, the AUTHORITY shall proceed to contract with one or more firms for the construction of each such economic development project.

SECTION 6.06. OPERATION MAINTENANCE. Upon completion of construction a project and final acceptance thereof by the GOVERNING BOARD, the AUTHORITY may operate and maintain said public project, with its own personnel, by contract with one or more of the parties hereto, or by contract with a third party, as determined by the GOVERNING BOARD, or transfer the ownership, operation and maintenance to one of the parties hereto as may be most consistent with the powers and jurisdiction of such party. Provided, however, that no such transfer shall be made by the AUTHORITY in violation of any grant condition or regulation imposed by any federal or state agency that provided financial assistance for said project. However, AUTHORITY agrees to request approval and consent to make such transfer in those instances where it is deemed to be consistent with the long-range purpose and intent of this Agreement and where such transfer would be in the best public interest.

Notwithstanding the above, it is understood by all parties that the disposition of any and all completed projects is subject to approval by each party in whose jurisdiction the project is or was located.

ARTICLE VII

FINANCIAL PROVISIONS
SECTION 7.01. FISCAL YEAR. The fiscal year of the AUTHORITY shall be from July 1 of each year to and including June 30 of the following year.

SECTION 7.02. CONTRIBUTIONS. The Member agencies may contribute funds for the operation of the AUTHORITY.

SECTION 7.03. ANNUAL BUDGET.

A. The GOVERNING BOARD of the AUTHORITY shall, on or before March 1 of each year, prepare and submit to each party hereto a budget estimate of the expense of conducting the AUTHORITY operations for the ensuing year.

B. The budget estimate shall be in such form as the GOVERNING BOARD may prescribe using the guidelines of the California State Controller. The budget estimate shall contain a summary of the fiscal policy of the AUTHORITY for the budget year and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of financing the budget for the ensuing year, contrasted with the corresponding data for the current year. The budget estimates may include unappropriated balance item to be available for appropriation in the ensuing fiscal year to meet contingencies other than contingencies resulting from temporary insufficiencies in the revenues of the AUTHORITY.

C. After submission of the budget estimate, the GOVERNING BOARD shall fix a time and a place for hearing by the GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice of such hearing to be published at least ten (10) days prior tb the date set for hearing in a newspaper of general circulation in the area pursuant to Sections 6060 and 6061 of the Government Code of the State of California, and shall give mailed notice of such hearing to each party to this Agreement.

At the budget hearing the GOVERNING BOARD may increase or decrease any item in the budget estimate and may delete any item therefrom or add any new item thereto.

Upon the conclusion of the budget hearing and not later than May 1 of each year the GOVERNING BOARD shall approve the budget estimate as submitted to the parties hereto or as revised by the GOVERNING BOARD, and thereupon the same shall constitute the final budget for the ensuing fiscal year.

The several items of the final budget shall be deemed appropriated for the ensuing fiscal year in the amounts and for the purposes specified in the final budget.

SECTION 7.05. RECORDS AND ACCOUNTS. The AUTHORITY shall cause to be kept accurate and correct books of account, showing in detail the costs of administration, bond interest, bond redemption, operation and maintenance, and all financial transactions of the AUTHORITY. Said books of account shall be open to inspection at all times by any representative of any of the parties hereto, or by any accountant or person authorized by any party hereto to inspect said books of account. As provided for in Article IV of this Agreement, the Secretary, when serving in their role as Treasurer, shall, in accordance with Section 6505 of the ACT, cause the books of account and other financial records of the AUTHORITY to be audited annually.

ARTICLE VIII - TERMINATION
SECTION 8.01. TERM. This Agreement shall be dated and effective the date of its last execution by the governing boards of the parties and shall continue until rescinded or terminated as provided herein.

SECTION 8.02. UNILATERAL WITHDRAWAL. The Agreement between the parties shall remain in effect as to any party, unless and until it is terminated as to such party by notice in writing to all other parties given by withdrawing party at least one hundred eighty (180) days in advance of the effective date of such termination; provided that such termination by and as to any party shall not terminate this Agreement as to the remaining parties or the existence of the AUTHORITY herein created. The jurisdiction of AUTHORITY over the territorial area of the withdrawing party shall be extinguished upon the effective date of said withdrawal. The debts, liabilities and assets of AUTHORITY shall remain the property and obligation of AUTHORITY and the withdrawing party shall have no interest in, nor obligation relating to, AUTHORITY assets and liabilities. No withdrawal shall be effective until the withdrawing party has paid all contributions to AUTHORITY that said withdrawing party has legally and nonrevocably committed.

SECTION 8.03. MUTUAL TERMINATION. Should all the governing boards of the parties agree to dissolution of the AUTHORITY as a legal entity, all debts of and advances of AUTHORITY shall be paid, and then the property of AUTHORITY, whether real or personal, shall be divided among and distributed to all of the parties who at any time during the existence of AUTHORITY were parties to this Agreement in proportion to the costs borne by each such party to the AUTHORITY during its legal existence by unreimbursed contributions made pursuant to this Agreement.

ARTICLE IX - MISCELLANEOUS PROVISIONS
SECTION 9.01. NOTICES. Notices hereunder shall be sufficient if delivered to:

COUNTY COUNTY ADMINISTRATIVE OFFICER

COUNTY OF DEL NORTE
981 H Street, Suite 210
Crescent City, California 95531

CITY OFFICE OF THE CITY MANAGER

CITY OF CRESCENT CITY
377 J Street
Crescent City, California 95531

DISTRICT OFFICE OF THE HARBOR MASTER

CRESCENT CITY HARBOR DISTRICT
101 Citizens Dock Road
Crescent City, California 95531
SECTION 9.02. AMENDMENT OF AGREEMENT. This Agreement may be amended by an agreement approved by all of the entities hereto. Approval of the GOVERNING BOARD of the AUTHORITY shall not be required for amendment of this Agreement.

SECTION 9.03. PARTIAL INVALIDITY. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

SECTION 9.04. HEADINGS. The section headings in this Agreement are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

SECTION 9.05. CONSENT. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

SECTION 9.06 LAW GOVERNING. This Agreement is made in the State of California under the constitution and laws of such State and is to be so construed.

SECTION 9.07 SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year written above.

ATTEST COUNTY OF DEL NORTE
_____________________________________ __________________________________ Kylie Goughnour Darrin Short, Chair
Clerk, Board of Supervisors

ATTEST CITY OF CRESCENT CITY
_____________________________________ __________________________________ Robin Patch, City Clerk Blake Inscore, Mayor

ATTEST CRESCENT CITY HARBOR DISTRICT
__________________________________
Harry Adams, President
_____________________________________
Rick Shepherd, Secretary
Board of Harbor Commissioners
JO]NT POWERS AGREEMENT FOR

IMPLEMENTATION OF ECONOMIC DEVELOPMENT ACT JON PROGRAM
THIS JOfNT POWERS AGREEMENT' originally made and entered on the gth day of December , Lg7s, by and between the couNry oF DEL NORTE r d political subdivision of the State of California, hereinafter referred to as "couNTy", the clry oF cREscENT CITY, California, a municipal corporation, hereinafter referred to as "crrY", and the GRESCENT crry HARBOR DrsrRrcr, a public agency dury formed and operatj.ng in Del Norte county. california, under the Harbors and Navigation Code of the State of California. hereinafter referred to as "DrsrRrcr" is hereby amend.ed by said parties this ScL A4hday of Lggl.

REC TTALS: This Agreement is made r+ith reference to the following facts:
(a) Whereas, successful achievement in the implementation of an Economic Development Action PIan and Strategy as more particularly described j-n this area's Project Independence plan and Report daled December 1975, as well as the successful achievement in the implementatlon of the Del Norte County strategic plan as more particularly described in the PIan and Report by such name dated 1996, and economic development in general, reguires a united, coordinated, orcierly and positj-ve approach to overcome the ef fects 'tt9f scarcity of population, l-imited land areas available for ia&onornic Arowth and development, severely limited local public funds, limited tax base, and inad.equacies of resources , facilities anci services; and
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(b) Whereas, Congress has enacted a number of laws
establj.shing new and more effective domestic aid prograns including the Special Economic Development And Adjustment Assistance Program enacted as Title IX of the Public Works and Economic Development Act of L965, €rs amended, but these federal domestic aid programs are legally and administratively complex and impose substantial demands on local leadership and staff resourcesi and a more areawide coordinated and united organizational structure is needed to make the most effective use of such federal domestic aid programs, to implement and carry out this area's Title IX PROJECT INDEPENDENCE program, and to inplement and carry out the DEL NORTE COUNIIY STRATEGIC PLAN and other econonj.c development programs; and (c) Whereas, the necessity for additional and improved public f acilities and services, stimulat, j-on of puhlic and private economj.c development activities, j.nitiatlng new and nore effective financial asslstance procedures and mechanisrns as required for further public and private economic development programs and projects, presents problerns whj.ch cannot be.. adequately net by individual public agencies ln this area; and
(d) lfhereas, the COUNTY, CITY and DISTRICT, have heretofore inf ormal ly created the TRI -AcENCy ECONOMIC DEVELOPMENT ORGANI ZATION and have appointed two representatives from each such public agency tO SErrrE AS the GOVERNING BOARD of said TRI-AGENCY ORGANIZATION; and
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(e) Whereas. the parties hereto have the common power to perform the kind of functions and services as hereinaft.er described within their respective jurisdictions; and
(f) whereas, the parties hereto recognize that the exigencies of the economic problems in this area and within their respective juri-sdictions reguire that the COUNTY, CITY and DISTRICT unify and coordinate their efforts in solving said economic problems by entering into this Agreement to provide for the joint exercise of their said. porrrers in implementing this area's Title IX PROJECT TNDEPENDENCE program, to formalry establish a joint powers organization for the irnplementation and execution of Del Nort,e County's Econornic Developnient Action Plan and Strategy pursuant to the aforesaid Special Economic Development And Adjustrnent Assistance Program enacted by congress in 1974, as weLr as for the implementatlon and execution of the DEL NoRTE couMrY STRAIEGIC PLAN and other economic development programs and to officially establish the structure of the GOVERNING BOARD of said joint powers agency; and
(g) Whereas, such a Joint Powers Agreement is authorj.zed by the provisions of Title It Division T, Chapter 5 (commencing with Section 6500) of the Government Code of t,he State of California whicir authorizes the joint exercise by agreement of two di mpre public agencies of any power common to them;
NOW, THEREFORE, rT IS AGREED AS FOLLOWS;
3 ARTICLE r DEFINITIONS
sE.crroN- I . 01 , GENERAL, unress the context otherwise requires, the words and terms defined in this ARTTCLE shall, for t.he purposes hereof, have the meanings herein specified.

SECTION L.02. ACT. ACT means Title T, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of California,
SECTION 1.03. ADMINI STRATIVE EXPENSE . Administrative expense means those sums of money required to be expended by the AUTI{ORItY from an administrative expense fund to be estabrished and maintained by lhe AUTHORfTY to finance those costs of administering this Agreement and for carrying out the powers and functions aut.horized in thls Agreement.

SECTION 1.04. AUfHORITY. AUTHORITY means The ERI-AGENCY ECONOMIC DEVELOPMENT AIIFHORITY created pursuant to this Agreement.

SECTION 1.05. FISCAL YEAR. Fiscal year means the period from July I to and including the following June 30.

SECTTON 1.06. GOVERNTNG BOARD. GOVERN]NG BOARD means the GOVERNING BOARD of the AUTHORITY established pursuanL to this Agreement.
sEcTroN 1.07. STATE. St,ate means the State of California.

SECT]ON ]..08. PROJECT INDEPENDENCE. PROJECT INDEPENDENCE means the Economic Development Action Plan and Strategy for Del Nort.e county, california, ES described in the pran and Report by such name dated December Lg71 and which was prepared by rneans of a Development Grant from the Economj"c Develclpment Administration, and 4 including the further detaired pranning, designing, engineering, construction, leasirg, selling, operation and maj-ntenance of the specific facj-lities and projects described in said Plan and Report, or that portion of such functions, services and activities as are within the legal. power and authorily of one or all of the parties hereto. and further including aII IegaI, adrninistrative, financial and technical servlces and activities connected therewith.

SECTION ]..09 . DEL NORTE COUMTY STRATEGIC PLAN. DEL NORTE COUNTT STRATEGIC PLAN (hereinafter ',STRATEGIC PLAN") means the economic developrnent program as described in the PIan and Report by such name dated L995 and which was prepared by means of a strategic planning grant from the United .States Department of Agriculture, United. States Forest Service, and including the further detailed planning. designing, enqineeri*g, construction, Ieasing, selling, operatLon and maintenance of t'he specific faciliti-es and projects described in said Plan and Report or those specific facilities and projeets that are added from time to time by the governing bodies of the parties to this AEreement, or that portj,on of such functions, services and activities as are within the legal power and authority of one or all of the parties hereto, and further including all 1ega1, administrative, financial and techpical services and activities connected therewith.

ECTION 2 .01
ARTICLE I1
P.URPOSE
PURPOSE. It is the purpose of this Agreement
to provide a unj.ted, coordinated, orderly, positive and more 5 effeclive means for implementing and carrying into execution an Economic Deveropment Action plan And strategy for the general benefit of all of the people of De1 Norte county, californiar &s such Plan and Strat.egy is more particularly described in this area's PROJECT INDEPENDENCE program outlined in said Economic Development Action Pran and strategy dated December Lg75 and prepared with federal financial assistance provided by the Economj-c Development Administration under fltle IX of the Public works and Economlc Development Act of 1965, as amended, and as such pran and Strategy ls outlined in the STRATEGIC PLAN, b! establishing and. maintaining a multipurpose and separate TRI-AGENCY ECONOMIC DEVELOPMEI{I AUTHORfTY in the area and by vesting this AUTHORITY with Power (1) to effectively implement, coordinate and administer the Economic Development Action Plan And Strategy and the STRATEGIC PLAN for Del Nort,e county, californla; in ,aceordance with the purpose and intent of the speciar Economj-c Development And Adjustment Assistance Program enacted by Congress in 1974 as Title rx of the Public works and Economic Development Act of 1965, as amended -
SECTION 2 .02. ECOIIOMIC D_E]VELOP$EJNIT.. In addition to the specific activities described in PRoJECT TNDEPENDENCE, the AUTHORITY is vested with the power to effectively implernent, coordinate and administer general economic development programs for the County of Del Nort.e. State of California, including the City ot Crescent City and the Crescent City Harbor District, in accordance with local, state and fed.eral laws, General economic development 5 progxams shall include, but are not limited to, public works projects, projects which raj-se the econornic and educational levels of the residents of DeI Norte County, projects which provide jobs. and projects which assist industrial developrnent. Further, the AUTHORITY shall be vested with the power to implement, coordinate and adminisLer the DEL NORTE COUNTY STRATEGIC PLAN when adopted and as t.hereafter modified by the governing bodies of the COUNTY, CfTY and DISTRICT.

ARTICLE TII
FOR}4ATION AND ORGANIZATION
SECTION 3.01. CREATION OF AUTHORITY. Pursuant to the ACT, there is hereby created a public entity to be known as the "TRfAGENCY ECONOMIC DEVELOPMEMF A(JIFHORITY", herein called "AUTHORfT9".

The AUEI{ORIfY is a public entity separate and apart from COUNTY, CITY and DISTRICT and shall administer this Agreement, subject only o restrictions that ity of Crescent CitY would have if it were administering and executing this Agreement.

SECTION 3.02. GOVERNING BOARD. ThE AUTHORITY ShAII bC
administered hy a GOvERNING BOARD of six (6) rnem.bers and three (3) alternates. Two (2) members and one (f) alternate member shall be appointed by the Cily Council of CITY from its Council two (2) members and one (1) alternate member shall be appointed by the Board of Supervisors of COUNTY from its Board; and tr.ro (2J members and one { 1 } alternat'e member shall be appointed by the Boarci oi Harbor Commissioners of DISTRICT from i-Ls Board. Alternates shafl have voting powers only if one or more of its members from the same 7 jurisdiction are absent. The GOVERNING BOARD sha-l-1 be calted the ''GOVERNING BOARD OF THE TRI-AGENCY ECONOMIC DEVELOPMENT AUTHORITY".

All voting power of the AUTHORITy shall reside in the GOVERNING BOARD.

Each member of the GOVERNfNG BOARD shall serve at the pleasure of the authority that appointed that member. Each member shall cease to be a member of t'he GOVERNING BOARD when such member ceases to hold office on the governing body of Lhe authority that appointed that member. Vacancies on the GOVERNING BOARD shall be filled by the respective appointing parties. Any member of the GOVERNING BOARD of the AUTHORITY may be removed at any time in the same manner as Lhat member was appointed.

A. The members of the GOVERNING BOARD that took office
immediately upon the executj.on of the originar Agreement in December 1975 by COUNTY, CI?Y and DISTRICT and whose selection and appointment was made and confirmed by the respestive governing bodies of the couNTY. crrY and DrsrRrcr by execution of this Agreement are as follows:

1. c APPOINTEES
(a) BERNARD McCLENDON (bi Joril{ E, FRASER 2. CTTY APPOINTEES (ai RICHARD L. BRowN tbi DALE F. LONG 3. pISTITICT APPOTNTEES
( a ) JAI,IES J. YARBROUGH
{b) CARL A. BROWER
B. No person while serving as a member of the GOVERNTNG BOARD of the Au?HoRrrY shall be eriglbre to be appointed to any other saLarjed office or employment in the service of the AUTIIORITY nor 'B
sha1l that member become eI-igible for such appointment within one year after that rnember has ceased to be a member of the GOVERNING BOARD of the AUTHORITY.

C. The members of the GOVERNING BOARD of the AUTHORITY shall be conpensated for time spent and reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in the bylaws
SECTTON 3.03. REGULAR MEETINGS. The GOVERNING BOARD ShAII provide for its regular meetings; provided, however, that at least one regular meeting shall be held once each month. The date, hour and place of the holding of regular meetings shall be fixed by resolution of Lhe GOVERNfNG BOARD, and a copy of such resolution shall be filed with each party hereto.

SECTION 3.04 . RATPH M. BROWN ACT. AII meetings of the
GOVERNING BOARD, includltg, without limitation, regular, adjourned regular and speciat meetings, sha1l be called, noticed, held and conducted ln accordance with the provisions of the RALPH M. BROWN ACT (commencing with Section 54950 of the Government Code of the State of California).

SECTION 3.05. MINUTES. ThC SECTEI ary of the AUTHORITY shall cause t.o be kept minutes of the rneetings of the GOVERNING BOARD and shall, as soon as possible afLer each meeti-ng, cause a copy of the minutes to be forwarded to each member of Lhe GOVERNING BOARD. sEcrroN 3.06. QUORUM. Four (4) members of the GOVERNING BOARD shal1 cons'uitute a guorum for the transaction of business, except that less than a quorum may adjourn, from time to time; 9 provided t,hat both of the following shall occur for the approval of any action of the GOVERNING EOARD: (a) t'he afflrmative vote of at l-east four (4 ) members of the GOVERNING BOARD and (b) that there is at least one (1) vote on the prevairing side from each of crry, COUNTY, and DISTRICT.

SECTION 3.07. RULES. The GOVERNING BOARD of t.he AUTHORITY may adopt, from time to time, such rules and regurations for the conduct of its meetj-ngs and affalrs as ar€ necessary for the purposes hereof.

SECTION 3 . 08. OFFICE. ThC GOVERNING BOARD Of ThE AUTHORITY may establish and maintain an office within the area as it deems wilI best facilltate the accomplishment of the objectives and purposes of t.he AUIHORITY.
sEcTroN 3.09. ES. Ihe TRI-AGENCY ECONOMIC
DEVELOPMENT AiIFHORITY shall encompass all of the territory within the geographical boundaries of DEL NoRTE couNTy, california, SECTION 3 . 10. AUTHORTTY OF PARTIES TO AGREEMEIiIT. ThE delegation of certain powers to the AUTHORItY shall not affec! or diminish the authority of any of the parties to this agreement.

Each party t.o this agreement shaJ-l have and retain the authority, within a reasonable time after notiee,.to deLennine if the proposed project is in compliance with al-l ruJes, regulations, permits and standards within its jurisdict.ion as woutd appry Lo any other project.
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ARTICLE IV - OFFICERS AND EMPLOYEES
sEcTroN 4.01. CHAIRMAN, VICE-CHAIRMAN AND SECRETARI. fhE GOVERNING BOARD shal1 elect a Chairman and Vice-Chairman and shall appoint a Secretary who rdy, but need noL, be a member of the GOVERNING BOARD. The officers shall perforrn the duties normal to said offices; and
A. The Chairperson shall sign all contracts on behalt of the AUTHORITY and perform such other duties as may be imposed by the GOVERNTNG BOARD;
B. The Vice-Chairperson shall act, sign contracts, and
perform all of t,he Chairperson's duties in the absence of the Chairperson; and
C. Ttre Secret.ary shall countersign all contracts on behalf of the AUTHORITY, perform such other duties as may be imposed by the GOVERNING BOARD. and keep minuLes of al.l meetings and cause a copY of the minutes to be forwarded to each of the members of the GOVERNING BOARD and to COUNtrY, CITY and DISTRICT.

SECTION 4.02. DESIGNATION OF TREASURER. The Secretary of the tri-Agency shall be appointed. to serve as the Treasurer of the authority. The Treasurer shall have the duties and obligations'set forth in Sections 5505 and.6505.5 of the ACT and shall assure that there sha1l be strict accountability of all funds and report of all receipts and dlsbursements of the AUTHORIfY.

SECTION 4.03. BONDING PERSONS HAVING ACCESS TO PROPERTY.

From time to time, the parties hereto shall designate t,he public officers or persons, in addition to the ECONOI,IIC DEVELOPI4ENT 11 coRPoRATroN, having charge of handring or having access to any property of the AUTHoRrry, and the respective amounts of the official bonds of the ECoNoMIC DEVELoPMENr coRpoRATroN and such other persons pursuant to Section 6505.1 of the ACT.

SECTI ON 4.04. LEGAL ADVISoR. The GOVERNING BOARD shall serect, appoint, emproy and retain the regal advisor of the AUrHoRrrY, who sharL perform such duties as may be prescribed by the GOVERNING BOARD.

SE roN 4.05. OTHER EMPLOYEES.. Ihe GOVERNING BOARD shall have the power to appoint and enploy such other officers, employees, consultants, advisors and independent contractors as may be necessary for the purposes hereof.

ECTION 4.06. C.OMPENqATION. The GOVERNING BODY shalI
determine the compensation af, and pay from AUTHoRrry funds {including payment from funds which the AUTHORITY may receive from time to time in Lhe form of federal and state grants) the salaries, wages, fees and other compensation of such pranning, engineerlng, Iega1, financial, or other technical and professional personnel, consultants, and other employees of the AUTHORfTY.

SECTION 4,07 . NON-CIVIL SERVICE. Nothing herein contained shall be construed as making the ALIIIHORIrY a department of the couNTY, crgY or DrsrRrcr or as placing any of the officers, counsel, personnel, or employees of the AUTHoRTTy under any form of Civil Service or merit, system or und.er any other form of specially protected employment right or status.

ARTICLE V POWERS
SECTION 5.0I. GENERAL POWERS. The AUTHORITY CrEAtCd by this Agreement shaLl exercise its general powers relaLing to economic development, subject only to the restrj-ctions that the City of Crescent City would have if it were administering and executing this Agreement.

As provided in the ACT, the AUTHORITY shall be a public ent.ity separate from the parties hereto, The AUTHORITY shall have the power to administer, carry out and 5-mplement an Economic Development Action Plan and Strategy for Del Norte County, Californiar ds such plan and strategy j-s more particularly described ln this area's PROJECT INDEPENDENCE program outlined in said Economic Development Action PIan and Strategy dated Decernber 1975, and. as outllned in the STRATEGIC PLAN and programs of econoni.c development as set forth in SECTION 2.02 of ARTICLE II hereof, and to further administer, coordinate, promote, carry out and irnpJ-ement the purposes of this Agreement as referred to in Section 2.01 of ARTICLE II hereaf, and, in connection therewith, the AUTHORtty shall have the power to finance, acguire, construct, Iease, operate and maintain project structures, buitdings and facilities; all subject to the provisions of this Agreement.

SECTION 5,02. REVENUE BONDS. The AUTHORITY, as a separate public entit,y, shall have the power to issue revenue bonds pursuant to the laws of the State of California as the same now reads or may be hereafter amended, and to provide for the repayment thereof.

The AUTHORITY sha1l also have all .'he po$rers provided for in 13 r
Article 2 of the ACT (commencing with Government Code Sectj-on 6540), as said ACT now reads or may be hereafter amended.

SECTION 5 .03. SPECIFIC POWERS. The AUTHORITY is hereby authorized, in its own name, la do all acts necessary for the exercise of the foregoing powers for the purposes of this Agreement including, but not linited to, any or aI1 of the followin'g:

A. To make and enter into contractsl
B. To employ agents, employees, consultants, and indqpendent contractors;
C. To acquire, construct, manage, maintain or operate any buildings, works, or improvements ;
D. To acquire, hold or dispose of real and personal property, or any interest therein. by deed, purchase, lease, contract, gift' devise, er otherwise;
E. To sue and be sued in its own name, except as otherwise provided by Iaw. The exercise by the AUTHORITY of the power to sue or be sued j-n its own name shall- be subject to .the restrictlons on the exercise of such power applicable to CITY.

An action to determine the validity of any Contract may be brought. pursuant to Chapter 9 (commencing with Section 860) ' Title 10, Part 2 of the Code of Civil Procedure of the SLate of Californla.

F. To incur debts, liabilities or obligations, provided that no debt, liability or obligation shall constitute a debl. Iiability or obligation of COUNTY, CfTy or DISTRICT;
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G. To apply for, accept. receive and disburse grants' loans and other financial- assistance from any agency of the United States of America or of the State of California, or fron any other public agency or from other sources, public or private, and expend such funds for the purposes set forth in this Agreement;
H. To delegate portions of it-s f unctions to an advj-sory body or administrative entity for the purposes of program development or program implementation; provided, however, that any annual budget of the agency to which the delegation is made must be approved by t.he GOVERNING BOARD of the AUTHORITY.

I. To invest any money in the treasury, pursuant to Section 6505.5 of the ACT, that is not required for the immediate necessities of t^he AUTHORITY, as the AUTHORITY determines is advisable, in uhe same manner and upon the same conditions as local agencieE, pursuant to California Government Code Section 53600, et seq. r Ers hereafter modlfied and supplant.ed;
J. To carry out and enforce al-t the provisions of this Agreement I
K. To contract for and obtain j.nsurance against any insurable rj.sk reasonably anticipated to result frorn the exercise of any powers or functions of the AUTHORITY or the performance of any duties by the officers and employees of the AUTHoRITY;
L. To make, adopt, amend., and repeal its bylaws, rules, resolutions, and procedural regulations not inconsistent with, and to carry into effect, the powers granted in and pulposes of this Agreement;
15 M. To perform such duties and functions as may be necessa-ry or appropriate for the administration and coordination of federal or staie assisted economic planning and development programs and projects within the geographj.cal boundaries of Del Norte County, CaI ifornia;
N. To do any perform any and all acts necessary to
participate in federal- or state assisted economic development projects within the jurisdictional boundaries of the AUTHORITV, including, without Iimitation. applylng for, accepting and administering grants or other financial assistance from the federal governnentf the state, or other public agencies I or frlom any other sources, public or privaLe, for such economic development projects; to use and expend such funds for any of the purposes as described or referred t.o in this Agreenent; and to enter into and carry out contracts or agreements in connect.ion therewith which are not inconsistent with the purposes and powers of the AUIHORITY as set forth in this Agreement; and
O. To adopt a seal and alter j-t at its pleasure.

P. To establish appropriate operating committees and special advisory commissions to assist the AUTHORITY in carrying out the purposes of this Agreement a$ set forth in ARTICLE II and to assist the AUTHORITy in j-mplementing economic development projects and programs to improve the quality of life in the area.

SECTION 5 . 04. RESTRICTIONS ON POFiERS. The fotlowing specific restrictions on the powers and functions of the AUTHORITY shall apply and be observed by the AUTHORITY:
16 p
A. the AUTHORITY shall have no taxing powers.

B. The AUIHORITY shall not interfere in the internal affairs of a nember entity.

C. The AUTHORITY shall have no veto power over grant
applications submitted to State or federal agencies by a rnember entity
SECTION 5.05. CLAIMS. AIl claims and actions for money or danages against the AUTIIORITY and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title I of the Gcvernment Code of the State of California. The AUTHORITY shall be deemed a "public entity" wj.thin the meaning of Section 811.2 of Division 3.6 of Title I of said Government Code.

SECTION 5.06. TNIERESTS IN CONTRACTS. fhe provisions of Article 4 (commencing with Section 1090) ' and Article 4 '5 (commencing with Section L100) , Chapter 1, Division 4, Title 1 of the Government Code of the St.ate of California prohibitj-ng certain financial interests l-n public contracts shall apply to the officers, directors and employees of the AUTHORfTY.

SECTION 5.07 . ENFORCEMEIflf BY AIIIHORfTY. The AUTHORITY is hereby authorized to take any or all legal actions necessary and permitted by Iaw to enforce this Agreement.

ARTICLE VI - METHOD OF PROCEDURE
SECTION 6.0]-. ASSUMPTION OF RESPONSIBILITIES. UPON
completion of the initial organization of the GOVERNING BOARD and the appointment of t.he Secret.ary and Legal Advisorn the AUTHORITY sha1l proceed. to carry out its duties and responsibilities as set L7
forth in this Agreement, incruding the imprementation of the Econornic Development Action PIan and Strategy for Del Norte County, California, dateC December lg?5 and the STRATEGIC PLAN and other economic development programs.

SECTION 6.O2. PRIOR APPROVAL OF GOVERNING BODY FOR
CONSTRUCTION OF IMPRCIVEMENTS. Prior to the conmencement of any action, including action to secure funding, associated with an econornic development project which wouLd involve the construction of improvements. the AUTHORITY shall first obtain approval from the governing body of the jurisdict,ion in which the improvement is proposed to be located.

SECTr-ON 6.03. TINATCTNG.ACTrJ/_rErEs pREpEprNG CONSTRUCTI9II.

The AUTHORITY shall secure funds or a firra commitment of funds adequate to finance the activities necessary to be carried out prior to the award of a conLract for the construction of any public project portion of PRoJECE INDEPENDENCE, the STRATEGIC PLAN or other economj-c development project, which includes, but is not limited to, the preparation of constructj-on plans and
specifications. and the acquisition of permits, rights-of-way and land necessary for the construction. The AUTHORITY shall secure such funds through federal and state grants, lhe issuance of bonds, advances from t.he parties hereto, et by any combination thereof.

SECTTON 6.04. ACTIVITIES PRECEDING CONSTRUCTION. Upon
securing funds (or a firm commj-tment of funds) deemed adequate by the GOVERNING BOARD to finance the cost of the activities necessary to be carried out prior to the award of a contract for the 18 construction of any public project portion of PROJECT INDEPENDENCE. the STRATEGIC PLAN or other economj.c development project, the AUTHORfTY shall proceed to conlract r+ith one or more engineering andlor architectural firms for the preparation of construction plans and specifications, to acquire said necessary pernits, rights-of-rray and landr and to carry out alI other activities which are necessary to be performed prior to the award of a contract for the construction of any public works portion of PROJECT INDEPENDENCE or the STRATEGIC PLAN ar other economic development project..

Nothi-ng contained in this Agreement shall be construed as liniting or restricting the timing or procedure to be folloi+ed by the AUTHORITY in obtaining financing required for impJ-ementation of PROJECT INDEPENDENCE, the STRATEGIC PLAN or ot,her economic development project, if some other or different procedure or timing !s required by any federal or stat^e agency providing financial assistance to the AUTHORITY.

SECTION 5. 05. PROJECT FINANCING. Prior to' or upon
completion of the preparation of construction plans and specifications, t.he AUIHORITY shall secure funds ior a firm commitment of funds ) adequate to fj-nance the cost of constructing any public portion of PROJECT INDEPENDENCE, the STRATEGfC PLAN or other economic development project. The AUTHORITY shall secure such funds or firm commitment of such funds through federal and state grants and frorn the issuance of revenue bonds and from other available sources, Said funds shall be adequate, with i,he proceeds 19 of prior bond issues, if E.fifr to finance the entire cost of that portj.on of the public project for which said plans and speciflcaLions have been completed, including, but not limited to, the cost.s of repaying advances made to the AUTHORITY by the parties hereto and for which repayment uas a condition of such advance, the cost of all activities necessarily carried out by the AUTHORITY prior to the award of a contract for the construction, inlerest expenses estimated to accrue prior to the completion of construction, and the estinated cost of the construction and all costs incldental thereto.
sEcTroN 5.06. ION. Upon securing funds (or a firm
commitment of funds) deemed adequate by the GOVERNING BOARD to finance t.he entire cost of constructing any public portion of PROJECT INDEPENDENCE, the STRATEGIC pLAN or other economic development project, the AUTHORITY shall proceed to contract with one or more firms for t.he construction of each such public portion of said PROJECT INDEPENDENCE, the STRATEGIC PLAN or other economic development prqject.
sEcrroN 6.07. OPERATION AND MAINTENANCE . Upon completion of construction of each public portion of PROJECT INDEPENDENCE, the STRATEGIC PIAN or other economic development project and final acceptance thereof by the GoVERNTNG BoARD, the AUTHoRrry may operate and maintain saj-d public project, with its own personnel, by contract with one or more of the parties hereto, or by contracl t+ith a third party/ as determined by the G0VERNTNG BOARDT ox transfer the ownership, operat.ion and mainLenance to one of the 20 parties herelo as may be most consistent with the powers and jurisdiction of such party. Provided, however, that no such transfer sha1l be made by the AUTHORITY in violation of any grant condition or regulation irnposed by any federal or state agency that provided financial assistance for said project. However. AUTHORITY ag'rees to reguest approval and consent to make such transfer in those insLances where it is deemed to be consistenL with the long range purpose and intent of this Agreement and where such transfer would be in the best public interest.

Notwithstanding the above, it j-s understood by all parties that the disposition of any and all completed projects is subject to approval by each party in r.rhose jurisdiction the project is or was Located
ARTICLE VlI FINANCIAL PROVISIONS
SECTION 7.01. FISCAL YEAR, The fiscal year of the AUTHORITY shall be fron JuIy 1 of each year to and includj-ng June 30 of the following year.

SECTI 7 .02. CONTRIBUTIONS. The COUI{IY , CITY and DISTRICT, shall each contribute to the ATIIHORfTY the sum of Two Thousand Five Ftundred Dollars ($2,500.00) on or before August Lr 1976. Any finansial contributions other than set forth above shall be made only upon official action by the governing board of such party hereto as may desire to make any further or additional- contribution to Ihe AUTHoRITY.

The expenditure of funds contributed Lo the AUTHORIIY by the parties hereto shall be used only for ordinary administrative and 2L
operating expenses of the AUTHORIEY and for payment of fees and costs incurred or to be incurred by the AUTHORITY in connection with the preparation, filing and processing of one or more applications for federal financj-al asslstance required for the implernentatj-on of the Economic Development Action Plan and Strategy as referred to hereinabove in Lhis Agreement.

SECTION 7.03 ADVANCES. In addition to t.he financial
€ contributions required. to be nade by each party hereto as set forth in SECTION 7.02 above, each of the parties to this Agreement may advance to the AUTHORITY money in such sums as may be mutually agreed upon by such party and the GOVERNI$G BOARD of the AUTHORITY.

An amount equal to all advances so made by each party, plus interest thereon at a rate to be mutually agreed upon by t'he AUTHORITY and the party making such advance, shall be repaid by the AUTHORITY in cash. Repayment shall be made by Lhe AUTHORITY at sush time or times as the AUTHORITY and, the party making such advance shall mut.ual-Iy agree at the time such advance ls made.

SECTTON 7,O4. ANNUAL BUDGET.

A. lhe GOVERNING BOARD of the AUTHORITY shall, oR or
before l"larch 1 of each year, prepare and submit to each party hereto a budget estimate of the expense of conducting the AUTHORITY for the ensuing year
B. The budget estimate shall be in such form as the
GOVERNING BOARD may prescribe using the guidelines of the California State Controller. The budget estimate shall contain a summary of the fiscal policy of the AUTHORIIY for +-he budget year 4 22
and shall include data showing the relat,ion between the total proposed expenditures and the total anticipated income or other means of financing Lhe budget for Lhe ensuing year, conLrasted wit.h the corresponding data for the current year. The budget may be publj-shed with the County budget. The budget estimates may include unappropriated balance item to be available for appropriaLion in the ensuing fiscal year to meet contingencies other than contingencies resulting from temporary insufficiencies in the revenues of the AUTHORfTY.

C. After submission of the budget estimate, the GOVERNING BOARD shaJ-1 fix a time and a place for hearing by the GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice of such hearing to be published at least ten {10) days prior to t,he date set for hearing in a newspaper of geheral circulatj.on in the area pursuant to Sections 6060 and 6051 of the Government Code of the Stat.e of California, and shaIl give rnailed notice of such hearing to each party to this Agreement.

AL Lhe budget hearj.ng the GoVERNING BOARD may increase or decrease any item in the budget estimate and may delete any item therefrorn or add any new item thereto.

Upon the conclusion of the budget hearing and not later than May 1 of each year the GOVERNING BOARD shall approve the budget estirnate as submitted to the parties hereto or as revised by the GOVERNING BOARD, and thereupon the same shall constitute the final budget for the ensuing fiscal year.

ZJ
The several items of the final budget shall be deemed
appropriated for the ensuing fj-scal year in the amounts and for the purposes specified in the finai- budget.

SE ION '7 05. RECORDS AND ACCOUNTS. The AUTHORITY shall cause to be kept accurate and correct books of accounL, showing in detail the costs of adminj.stratj-on, bond interest, bond redemption, operaLion and maintenance, and all financial transactions of the AUTHORITY. Said books of account shall be open to inspection at all times by any representalive of any of the parties hereto, or by any accountant or other person authorized by any party hereto to inspect said books of account. The Treasurer shall. in accordance with Section 5505 of the ACT, cause the books of accounL and other financial records o,f the AUEHORITY to be audited annually.

ARTICLE VIII - EERMINATION
sEcTroN I .01_. TERM. This Agre€ment shall be dated and effective the date of its }ast execution by the governing boards of the parties and shall cont.lnue until rescinded or terml-naled as provided herein.

SECTION 8.02. UNILATEF,AL WITHDRAWAL. The Agreement between t.he parties shall remain in effect as to any party, unless and until it is terminated as to such party by notice in writing to all other parties given by withdrawing party at least one hundred eighty ( 180 ) days in advance of the effective date of such terrnination; provided that such terminati and as to an .tsha1l not terminate th the existence of the AUTHORITY herein created. fhe jurisdict!on of 24 AUTHORITY over the territorial area of the withdrawing party shall be exlinguished upon the effective date of said withdrawa]. fhe debts. Iiabj-tities and assets of AUTHORITY shall remain the property and obligation of AUTHORITY and the withdravrin shall have no interesl ilt, nor obligation relating to, AUTHORITY assets and 'Iiabilities. No withdrawal shall be effective wit,hdrawing party has paid all contributions to AUTHoRITY that said wit.hdrawing !L has I I committed.

SECTION 8,03. MI-ITUAL TERMINATION. Should aII the governing boards of t'he parties agree to dissolution of the AUTHORITY as a legal entity, sofa ces of AUTHORITY shall be Paid,
and t'hen the property of AIJTHORITY, whether real or sonal, shall be divided
time during t.he exlstence of AUTHORITY were parties to this Agreement r rtion to the costs borne by each s
the AUTIIORf IY during its
contributions made pursuant to this Agreement.

ARTICLE IX - I{ISCELLANEOUS PROVISI ONS
SECTION 9.01. NOTICES. Notices hereunder shalI be sufficient it delivered to:

COUNTY - COUNTY AD},IINISTRATIVE OFFICER

COUNTY OF DEL NORTE
583 G Street, Suj.te #2
Crescent City, California 95531-

CITY OFFICE OF THE CITY MANAGER
CITY OF CRSSCENT C]TY
3'17 J Street
Crescent City, Califcrnia 95531
23 DI STRICT OFFICE OF THE HARBOR MASTER

CRESCENT CITY HARBOR DISTRICT
lOL Citizens Dock Road
Crescent Cityr Calirornia 95531
5EcrroN 9.a2 AMENDMENT OT' AGREEMENT. This Agreernent nay be amended by an agreement approved by all oi the entities hereto.

Approval of 'uhe GOVERNING BOARD of the AUTHORITY shall not be reguired for arnendment of this Agreement.

SECTION 9. 03. PARTIAL INVALIDITY. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Aglreement shalt to any extent be adjudged invalid, unenforceable, vold or voidable far any reason whatsoever, by a court of compelent jurisdiction, each and all- af the remaining terms, provisions, promises, covenants and condit,ions of this Agreement. shall not be affected thereby, and shaIl be valid and enforceable to the fullest extent permitt.ed by law.
sEcTroN 9.04. HEADI-ryGS. The section headi-ngs in this Agreement, are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

SECTION 9.05. CONSENT. Whenever ln this Agreement any
consent or approval is required, the same shall not be unreasonably withheld.

SECIION 9.06. LAW GOVERNING. This Agreement is made in the State of California under the constitutlon and laws af such State and is to be so construed.

SECTION 9 .A7 . SUCCESSORS. This
inure to the benefit
AgreemenL shall be binCing
upon and shall of Lhe successors of the
parties.
aa
IN WfTNESS WHEREOF, the parties hereto have caused this Agreernent to be executed and attested by their Proper officers thereunto duly author.ized. and their official seals to be hereto affixed, BS of the day and year written aboveATTEST,
touNTY or DEL N.RTE
en Walsh ar Clausen, Chair
Clerk, Board of Supervisors

CITY /CRESCENT CITY
,{, /_J
t een City
AtTEgr
Secretary
Boa of Harbor Commissioners

CRESCENT CITY HARBOR DISTRICT
./AzaDav A €rlr Pres nt $.a
tt

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ETHAN LAWTON, CONTRACT PLANNER
MARTHA D. RICE, CITY ATTORNEY
DATE: FEBRUARY 20, 2024
SUBJECT: MUNICIPAL CODE UPDATE: SIGN REGULATIONS (CH. 17.39) ______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Waive full reading, read by title only and introduce Ordinance No. 839, An Ordinance of the City Council of the City of Crescent City Amending Chapter 17.39, Signs, of Title 17, Zoning, of the Crescent City Municipal Code

BACKGROUND
At the February 21, 2023 City Council Meeting, the Council directed staff to review the current sign ordinance (CCMC Ch. 17.39) and have the Planning Commission consider making a recommendation to the Council to amend the Muni Code for a more relaxed banner / flag-type sign ordinance for businesses. At the time, Council expressed concern that several businesses throughout town were utilizing this type of sign, which is not permitted under the current sign ordinance. The message was that the City should either enforce the ordinance or amend it.

The Planning Commission considered updates to the signs ordinance over the course of several meetings held in 2023. At its January 11, 2024 meeting, the Planning Commission made an official recommendation to the City Council by way of Resolution No. PC2024-

03. The Planning Commission recommends seven revisions as follows:

Additions in bold underline
Deletions in bold italic strikethrough
Revision #1: Add Not Otherwise Specified sign type for the Community Development Director to determine the applicable criteria based on similarity to other defined signage:

SIGNS ORDINANCE INTRODUCTION
February 20, 2024
2 § 17.39.040 Types—Generally.

The types of signs set forth in this section will be permitted for the various uses allowed in Sections 17.39.110 through 17.39.140 and must be limited to the restrictions set forth in Section 17.39.020, in addition to those required in Sections

17.39.050 through 17.39.080. Additional special use signs are also listed in this section.
--
“I. Not Otherwise Specified. Any sign that is not otherwise defined above, may be reviewed by the Community Development Director for a determination as to which approval criteria shall apply based upon the similarity of characteristics of the undefined sign as compared to those sign types that are defined.”
Revision #2: Remove the cap on temporary sign permits allowed by any one commercial establishment in a calendar year:
§ 17.39.070 Temporary permit required when.

The following types of signs and advertising devices are permitted with the issuance of a temporary permit from the community development department. The permit may impose conditions on the size, placement, structure, color, copy, conditions of removal or any other aspect of the display at the discretion of the community development director. Balloons may also be subject to approval by the building inspector, at his or her recommendation. A fee may be charged by the building department if an inspection of the balloon attachment is required. Any one commercial establishment may obtain a temporary sign permit under these regulations no more than three times in one calendar year. --
Revision #3: Increase the timeframe for grand opening signs from 30 days to 90 days:
§ 17.39.070 Temporary permit required when.
--
A. Grand Opening Signs, Banners or Balloons. Pennants, signs, banners and/or balloons for the promotion of the grand opening of a new business for a period of not more than the first thirty ninety business days of a new business. A use permit must be granted by the planning commission in order to display such devices for any longer than thirty ninety days;
--
Revision #4: Increase the timeframe for promotional signs from 5 days to 30 days:
§ 17.39.070 Temporary permit required when.
--

SIGNS ORDINANCE INTRODUCTION
February 20, 2024
3 B. Promotional Signs, Banners or Balloons. Signs, banners, balloons, pennants or other advertising devices for the promotion of special sales or other business events lasting for a period of up to five thirty days not more than three times in one calendar year.

Revision #5: Broaden temporary or seasonal sales booth types to include more uses:
§ 17.39.170 Exempt signs.

Except for the regulation relating to construction, maintenance, public nuisance and safety the following types of nonilluminated signs shall be allowed without a sign permit and shall not be included in the determination of the type, number or area of signs allowed per business or parcel, or by zoning district:
--
Q. Temporary or Seasonal Sales Booths. Signs including, but not limited to fireworks stands, pumpkin sales, Christmas tree lots, community crafts fairs, and temporary certified farmer’s markets, and similar signs; --
Revision #6: Allow wind-blown signs with a use permit:
§ 17.39.080 Prohibited signs.

In addition to any sign or advertising display device not specifically allowed by these provisions, the following signs are prohibited.
--
B. Moving signs having one or a combination of the following characteristics:
--

2. Wind-blown devices such as streamers, balloons, flares, pennants, propellers and similar attention-getting displays or devices with the exception of the following:
--
e. Wind-blown signs obtained through a use permit.
--
Revision #7: Expand permitted portable or temporary sign use beyond grand openings or special promotions:
§ 17.39.080 Prohibited signs.

In addition to any sign or advertising display device not specifically allowed by these provisions, the following signs are prohibited.
--
C. Portable or temporary signs, including sandwich boards, except as permitted only for grand openings or special promotions;
--

SIGNS ORDINANCE INTRODUCTION
February 20, 2024
4 ITEM ANALYSIS
Draft Ordinance No. 839 is presented to the City Council for introduction. The ordinance makes the changes to municipal code as recommend by the Planning Commission.

Alternatively, the City Council may direct staff to make additional or different revisions to Chapter 17.39 for Council consideration at a future meeting.

If the ordinance is introduced this evening, then it will be brought back for a public hearing and formal adoption at the March 18th regular meeting. The ordinance will take effect 30 days after the final adoption.

FISCAL ANALYSIS
The only costs directly associated with introducing this ordinance is the publication of the notice of public hearing in the newspaper prior to adoption.

STRATEGIC PLAN ASSESSMENT
The revisions to the sign ordinance are consistent with the following strategic plan goals:
• Goal 2: Promote a Thriving Local Economy - Evaluating and updating the City’s Municipal Code to assure maximized efficiencies, clarity, and effectiveness.

ATTACHMENTS
• Draft Ordinance No. 839
ORDINANCE NO. 839

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING CHAPTER 17.39, SIGNS, OF TITLE 17, ZONING,

OF THE CRESCENT CITY MUNICIPAL CODE
WHEREAS, the City of Crescent City is a general law city with the constitutional authority (“police power”) to make laws and regulations to protect the public health, safety and welfare; and
WHEREAS, Title 17 of the Crescent City Municipal Code sets for the zoning regulations of the City; and
WHEREAS, Chapter 17.39 pertains to the regulation of signs; and WHEREAS, the Planning Commission has reviewed Chapter 17.39 and formally made recommendations for revisions to the City Council; and
WHEREAS, the City Council has considered those recommendations and held a public hearing thereon.

NOW, THEREFORE, the City Council of the City of Crescent City ordains as follows:

SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.

SECTION 2. CODE AMENDMENT.

2.01 Section 17.39.040 Amendment. Section 17.39.040, Types-Generally, of Chapter 17.39, Signs, of Title 17, Zoning, of the Crescent City Municipal Code is hereby amended by adding subsection “I” to read as follows:

I. Not Otherwise Specified. Any sign that is not otherwise defined above, may be reviewed by the Community Development Director for a determination as to which approval criteria shall apply based upon the similarity of characteristics of the undefined sign as compared to those sign types that are defined.

2.02 Section 17.39.070 Amendment. Section 17.39.070, Temporary Permit Required When, of Chapter 17.39, Signs, of Title 17 Zoning, Crescent City Municipal Code, is hereby amended to read as follows:
§ 17.39.070 Temporary permit required when.

A. Grand Opening Signs, Banners or Balloons. Pennants, signs, banners and/or balloons for the promotion of the grand opening of a new business for a period of not more than the first ninety business days of a new business. A use permit must be granted by the planning commission in order to display such devices for any longer than ninety days; B. Promotional Signs, Banners or Balloons. Signs, banners, balloons, pennants or other advertising devices for the promotion of special sales or other business events lasting for a period of up to thirty days.

2.03 Section 17.39.080 Amendments. Section 17.39.080, Prohibited Signs, of Chapter 17.39, Signs, of Title 17 Zoning, of the Crescent City Municipal Code is hereby amended as follows:

2.03.1 Subsection C is amended to read as follows:

C. Portable or temporary signs, including sandwich boards, except as permitted;

2.03.2 Subparagraph “e” is added to paragraph 2 of subsection B to read as follows:
e. Wind-blown signs obtained through a use permit.

2.04 Section 17.39.170 Amendment. Section 17.39.170, Exempt Signs, of the Crescent City Municipal Code is hereby amended by revising subsection Q to read as follows:

Q. Temporary or Seasonal Sales Booths. Signs including, but not limited to fireworks stands, pumpkin sales, Christmas tree lots, community crafts fairs, temporary certified farmer’s markets, and similar signs; ***END TEXT AMENDMENT***
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt from CEQA under Section 15061(b)(3) as this ordinance does not have the potential for causing a significant effect on the environment.

SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be Crescent City Ordinance No. 839 Page 3 of 3
published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.

INTRODUCED at a meeting of the City Council of the City of Crescent City held on ____________________, 2024.

PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this ___ day of ________ 2024 by the following polled vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Blake Inscore, Mayor
ATTEST:

Robin Altman, City Clerk
APPROVED AS TO FORM:

Martha D. Rice, City Attorney

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: FEBRUARY 20, 2024
SUBJECT: COMPREHENSIVE COMPENSATION STUDY RFP
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Authorize staff to release the Comprehensive Compensation Study Request for Proposals

BACKGROUND
A compensation study aggregates and analyzes internal and external data so that an employer can compare the compensation structure it offers to employees with that provided by similar employers to similar employees. Employers in both the public and private sectors commonly conduct regular compensation studies to monitor changes in the labor market. A compensation study is a valuable tool that provides a number of benefits, including the following:
• Assesses competitiveness in the labor market – A compensation study allows employers to determine if they are compensating employees fairly and at a level that will attract skilled workers.
• Ensures efficient use of limited resources - A compensation study helps an organization ensure that it is using its limited resources efficiently and effectively by not paying its employees more than is required in order to retain them. • Maintains internal equity of compensation structures - An organization’s compensation structure should be established to ensure that employees with similar jobs or skillsets are compensated in a similar way and have similar opportunities to advance their careers. If internal inequities exist, an employer

COMPENSATION STUDY RFP
February 20, 2024
2 might have difficulties retaining staff in the relatively lower compensated jobs. A compensation study can be helpful in identifying internal equity issues with an employer’s compensation structure.
• Brings structure to compensation-setting decisions – As a compensation study provides an important structure for this decision-making process. For public employers, a compensation study also brings transparency to the decision-making process such that employees, policymakers, and the public all have the same information against which to evaluate proposed changes in compensation. • Identifies possible recruitment and retention issues - A compensation study can provide insights into an employers’ ability to recruit and retain certain types of employees.

The City’s last comprehensive compensation study was conducted by Koff & Associates in 2016. That study revealed that of the 36 “benchmark” classifications, 28 were paid below the market median (from -0.5% to -30% below). The City took a multi-year phased approach to bring employee salaries up to the 2016 market median. The bargaining agreements also instituted a COLA process that was tied to CPI rather than prenegotiated. Despite also being significantly under the market median, contract employees (city manager and department directors) were not adjusted to meet the market median identified in the Koff study. They did, however, continue to receive the same cost of living adjustments as the CCMEA (management, technical, and supervisory employees).

In 2017, 2018, and 2019, all employees received a cost-of-living adjustment based upon changes in the consumer price index (CPI). In 2020, City employees, understanding the financial uncertainty caused by COVID-19, agreed to extend their bargaining agreements for one year without any COLA.

In 2021, the City engaged in a significant reorganization effort. Two new contract positions were created – City Attorney and Economic Development and Recreation Director. Four new non-contract positions were created – IT/GIS Technician, Economic Development and Grants Coordinator, a second Pool Relief Supervisor, and an RV Park Supervisor.

Several positions were reclassified and a few were eliminated. In addition, the City negotiated a city-wide salary structure that adjusted pay scales so that there was a rational relationship between the various positions both within their departments and across the organization. This update also incorporated wage adjustments (particularly for the lower-paid positions within the City) to keep pace with the increasing state minimum wage. In this restructure, contract employee positions, except for the City Manager and City Attorney, received a 3% salary adjustment, which was the average wage adjustment for salaries within the CCMEA.

In 2022 and 2023, all employees received a COLA tied to CPI. As part of negotiating the 2023-2025 MOU with the Crescent City Employees’ Association, the City Council committed to considering the inclusion of a compensation study in the FY 2024-25 budget. As we approach mid-year budget adjustments, the year-to-date actuals indicate

COMPENSATION STUDY RFP
February 20, 2024
3 that there will be enough funds in the current fiscal year to begin the compensation study earlier than anticipated.

ITEM ANALYSIS
Staff have prepared a formal Request for Proposals for a Comprehensive Compensation Study. The study will consist of a comparison of the City’s selected benchmark classifications with 7-10 comparator agencies. The study will compare both wage range compensation for each position as well as "total” compensation, which includes health and welfare benefits, special compensation, and retirement benefits.

The study will also provide recommendations regarding internal salary relationships and develop externally competitive and internally equitable salary recommendations. The purpose of a compensation study is to aid the City in evaluating its salary structure and determining what, if any, adjustments are warranted. The final study will be one of several factors including overall financial feasibility evaluated in determining the appropriate wage structure for the City as we prepare to enter the next round of labor negotiations.

Proposed schedule for the Comprehensive Compensation Study RFP:
• RFP Released: February 21, 2024
• Statement of Interest (not required): April 5, 2024
• Questions and Clarifications: April 5, 2024
• Responses to all Questions and Clarifications: April 12, 2024 • Proposal Submission Deadline: April 26, 2024 by 4:00 p.m. • Interviews (if necessary): Week of April 29-May 3, 2024 • Contract Approval: May 20, 2024
• Commencement of Work: June 3, 2024
Proposals will be evaluated by a committee made up of the City Manager, Finance Director, City Attorney, and representatives from the Employee Associations. Each proposal will be evaluated and scored according to the following criteria:

EVALUATION CRITERIA POINT VALUE
1 Proposal completeness, clarity, organization and conformance to the RFP content and format requirements
5 2 Approach to Scope of Work / Schedule 35
3 Qualifications / Experience 30
4 References 10
5 Reasonableness of Cost Proposal 20
TOTAL POSSIBLE POINTS: 100

COMPENSATION STUDY RFP
February 20, 2024
4 Depending upon the number and quality of proposals received, interviews may or may not be conducted. If there are two or more proposals that are relatively close in scoring, then interviews would be warranted. However, if there is one standout proposal, then the evaluation committee may choose to forgo the interviews. Per the above schedule, staff anticipate signing a contract with the successful proposer in late May and beginning the study shortly thereafter.

One of the lessons learned from the last compensation study was that the organization would have benefitted from having the employee associations involved earlier and throughout the compensation study. It is the intent of staff to involve the employee associations throughout the course of the study. Each of the four employee associations has reviewed and approved the scope of work for the compensation study.

FISCAL ANALYSIS
The release of the Comprehensive Compensation Study RFP is anticipated to result in a contract with a firm for an amount within the range of $40,000 to $60,000. This cost will be split between funds based on authorized full-time equivalents (FTEs) within each fund.

The estimated split would be:

General Fund 69.1%
Housing Authority 5.3%
RV Park 2.3%
Sewer Fund 11.2%
Water Fund 12.1%
A formal budget amendment will be brought back to the Council when a firm and proposal are selected.

STRATEGIC PLAN ASSESSMENT
This report is consistent with the following strategic plan goals:
• Goal 3: Obtain the Highest Levels of Organizational Excellence C. Maximize performance and value in all City Council, staff, volunteer, and committee positions
E. Recruit and retain highly qualified employees by maintaining a balanced budget while executing strong fiscal management, optimized staffing levels, and through maximizing services with available resources

ATTACHMENTS

1. Request for Proposals for Comprehensive Compensation Study

REQUEST FOR PROPOSALS
FOR

COMPREHENSIVE COMPENSATION STUDY
RFP NO. 2024-COMP

CITY OF CRESCENT CITY
377 J STREET
CRESCENT CITY, CA 95531
(707) 464-7483
RFP Release Date: February 21, 2024
Proposal Submission Deadline: April 26, 2024 by 4:00 p.m.

Table of Contents
SECTION 1: INTRODUCTION.........................................................................................................................1

1.1 PURPOSE OF THE REQUEST FOR PROPOSALS ...............................................................................1

1.2 BACKGROUND INFORMATION.......................................................................................................1

1.3 REGISTRATION OF INTERESTED FIRMS..........................................................................................2 SECTION 2: PROPOSAL TIMELINE AND PROCEDURES..................................................................................3

2.1 PROPOSAL SUBMISSION ...............................................................................................................3

2.2 INTERPRETATION, CORRECTIONS AND AMENDMENTS ................................................................3

2.3 REQUEST FOR PROPOSALS SCHEDULE ..........................................................................................4 SECTION 3: PROPOSAL REQUIREMENTS ......................................................................................................4

3.1 SCOPE OF WORK: TASKS TO BE COMPLETED ...............................................................................4

3.2 SCOPE OF WORK: DELIVERABLES .................................................................................................5 SECTION 4: RESPONSE FORMAT AND CONTENT..........................................................................................5

4.1 GENERAL INFORMATION...............................................................................................................5

4.2 PROPOSAL FORMAT ......................................................................................................................6 SECTION 5: SELECTION PROCESS AND EVALUATION CRITERIA ....................................................................8

5.1 BASIS OF AWARD...........................................................................................................................8

5.2 EVALUATION OF PROPOSALS.........................................................................................................9

5.3 NOTICE OF INTENT ........................................................................................................................9

5.4 PROTEST PROCEDURES .................................................................................................................9 SECTION 6: ATTACHMENTS ........................................................................................................................10

6.1 SIGNATURE PAGE / ADDENDA ACKNOWLEDGMENT ..................................................................10

6.2 PROPOSED FORM OF AGREEMENT.............................................................................................10 City of Crescent City RFP NO. 2024-COMP P a g e 1 | 10
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REQUEST FOR PROPOSALS FOR

COMPREHENSIVE COMPENSATION STUDY
SECTION 1: INTRODUCTION

1.1 PURPOSE OF THE REQUEST FOR PROPOSALS
The City of Crescent City (“City”) seeks to contract with an individual, company, partnership, or other legal business organization (referred to as a “firm”) to provide a comprehensive evaluation of the City’s salary schedule to ensure that job classifications performing similar work with essentially the same level of complexity, responsibility and knowledge, skills and abilities are classified together, provides salaries commensurate with assigned duties, provides justifiable pay differential between individual classes and maintains parity with relevant labor markets.

The last compensation study conducted for the City of Crescent City was completed by Koff & Associates in 2016.

1.2 BACKGROUND INFORMATION
The City of Crescent City was incorporated as a general law city in 1854 and is the only incorporated city in Del Norte County. The City operates under a council-manager form of government. Five city councilmembers are elected at large by the resident voters to serve fouryear staggered terms. The Council selects a mayor for a one-year term from among its members.

Currently, the City has 60 full-time employees and 27 part-time employees. The City is divided into 8 departments (Administration, Finance, Fire, Police, Building and Planning, Economic Development and Recreation, Public Works (water/sewer/roads), and Housing Authority). The City’s FY 2023-24 annual budget was just under $48 million for all funds. The City’s current position control document is attached to this RFP to assist in the development of proposals.

Crescent City is located on the northern California coast approximately 20 miles south of the Oregon border. Once supported by flourishing fishing and timber industries, the region’s largest employment sector is now government (City of Crescent City, County of Del Norte, Del Norte County Unified School District, Pelican Bay State Prison). The City has a population of approximately 6,673 and the total population for Del Norte County is approximately 27,743 (per the 2020 census).

Although the City’s population itself is relatively small, the City’s service population is much larger.

The City provides water and/or sewer utility services to approximately 4,600 accounts. The City also provides fire and rescue services to approximately 19,000 residents through a joint exercise of powers agreement with the Crescent Fire Protection District. The City also operates a public City of Crescent City RFP NO. 2024-COMP P a g e 2 | 10
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housing authority as a department of the City. The Crescent City Housing Authority’s service area is the entire County of Del Norte. As the only incorporated city in the county, the county seat, and the business/shopping/tourism center of the county, the number of persons within the City on a daily basis is much higher than the City’s resident population. To provide the desired level of service to the residents, visitors, and schools within the City, the Crescent City Police Department has a staff of 14 sworn personnel. The City also operates a municipal swimming pool and an RV Park.

The City has four employee associations, each with its own Memorandum of Understanding:
▪ Clerical Employees of Crescent City (CECC)
▪ Crescent City Employee’s Association (CCEA)
▪ Crescent City Management Employees’ Association (CCMEA) ▪ Crescent City Police Officers’ Association (CCPOA)
It is the City’s intention to involve the employee associations throughout the process so that their feedback and input can be considered as a part of the process.

The City Manager, City Attorney, Finance director, Chief of Police, Fire Chief, Public Works Director, Housing Authority Director, and the Economic Development and Recreation Director are unrepresented and work under employment contracts. The City also has three confidential positions and three Career Fire Captains who are unrepresented. Their working terms and conditions are governed by resolutions of the City Council.

Interested firms may access the following relevant information on the City’s website:
• Employee Association MOUs:
www.crescentcity.org/departments/HumanResources/MemorandumsofUnderstanding • Position control / salary schedule:
www.crescentcity.org/departments/Finance/PositionControl • FY 2023-24 Adopted Budget
www.crescentcity.org/departments/Finance/AuditsandBudgets

1.3 REGISTRATION OF INTERESTED FIRMS
Firms interested in submitting a proposal in response to this RFP are not required but are encouraged to register their firm with the City to ensure that the firm is notified of any subsequently issued interpretations, corrections, or amendments to the RFP. Each such interpretation, correction or amendment will come in the form of an RFP Addendum and will be sequentially numbered. In order to register your firm for notifications, send an email to Martha Rice [email protected] with the subject line “RFP No. 2024-COMP Statement of Interest” and in the body of the email include the firm’s name, contact person, address, phone number(s) and email address(es). The deadline for firms to register a statement of interest is listed in Section

2.3, “REQUEST FOR PROPOSALS SCHEDULE”.

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SECTION 2: PROPOSAL TIMELINE AND PROCEDURES

2.1 PROPOSAL SUBMISSION
Proposals must be received at City Hall (377 J Street, Crescent City, CA 95531) on or before 4:00 p.m. on April 26, 2024. Proposals must be submitted under sealed cover and clearly identified on the outside “RFP NO. 2024-COMP: PROPOSAL FOR COMPREHENSIVE COMPENSATION STUDY.” The City requires one original, seven copies, and an electronic copy of the proposal. It is the sole responsibility of the proposing firm to ensure that its proposal is received before the submission deadline.

Without law or policy to the contrary, if a firm took reasonable steps to submit the proposal in due time, and failure of the proposal to be on hand at the time of closing was not the result of negligence or other fault of the firm, but was the result of negligence by the City, the City reserves the right to accept such proposal.

All proposals shall remain firm for at least ninety (90) days following the proposal closing date. The City reserves the right to withhold an award of the proposal for ninety (90) days from date of closing.

Costs for developing and preparing the proposal is solely the responsibility of the firm, regardless of whether any award results from this solicitation. Further, the cost of developing and preparing proposals will not be allowed as direct or indirect charges under any resulting Agreement.

2.2 INTERPRETATION, CORRECTIONS AND AMENDMENTS
All proposing firms should carefully examine the specifications, terms and conditions provided in the RFP and to become fully informed as to the requirements set forth herein. If any firm planning to submit a proposal discovers any ambiguity, conflict, discrepancy, omission or error in the proposal, has any questions in relationship to the “PROPOSAL REQUIREMENTS”, or any other related matters,such firm shall immediately notify the contact person as shown on the cover page of this RFP of such concern in writing and request clarification or modification of the document(s) no later than the Questions and Clarifications Deadline as set forth under Section 2.3, “REQUEST FOR PROPOSALS SCHEDULE". No further requests for clarification or objections to the RFP will be accepted or considered after this date. Any change in the RFP will be made only by written amendment, issued by the City to each firm on the Prospective Firm’s List as well as posted on the City website, and shall be incorporated into the RFP. Any oral communication by the City’s designated contact person or any other City staff member concerning this RFP is not binding on the City and shall in no way modify this proposal or the obligations of the City or any firms.

The proposing firm may e-mail questions to Martha Rice [email protected] on or before the date specified in the anticipated schedule.

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2.3 REQUEST FOR PROPOSALS SCHEDULE
The following schedule is subject to change at the discretion of the City. Any changes to the schedule will be issued as an RFP Addendum and distributed accordingly. • RFP Released: February 21, 2024
• Statement of Interest (not required): April 5, 2024
• Questions and Clarifications: April 5, 2024
• Responses to all Questions and Clarifications: April 12, 2024 • Proposal Submission Deadline: April 26, 2024 by 4:00 p.m. • Interviews (if necessary): Week of April 29-May 3, 2024 • Council Approval: May 20, 2024
• Commencement of Work: June 3, 2024
SECTION 3: PROPOSAL REQUIREMENTS
Each proposal must contain a detailed description of how the proposing firm will accomplish the scope of work described below. The scope of work is divided between tasks to be completed and deliverables.

3.1 SCOPE OF WORK: TASKS TO BE COMPLETED
Specific tasks to be completed by the selected firm as part of the scope of work include the following:

A. Attend and facilitate a meeting with admin staff and representatives of employee associations to discuss the goals, objectives, desired outcomes, and process for the study.

B. Perform a comprehensive review of the City’s current compensation and classification system to gain a thorough understanding of the current compensation program for represented and unrepresented staff. This may include, but is not limited to, reviewing job descriptions, memorandums of understanding, organizational charts, benefit documents, City policies, interviews or questionnaires with staff.

C. Identify and make recommendations for directly comparable and competitive agencies for analysis (7-10). Analyze compensation based on the comparable and competitive agencies agreed to for both top compensation and total compensation for each benchmark classification.

D. Identify benefits to be included for comparator purposes.

E. Identify and make recommendations for benchmark classifications to utilize for performing the compensation analysis. Analyze compensation based on the final number of benchmark classifications agreed to.

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F. Survey agreed upon comparable and competitive agencies to establish external total compensation comparisons. For all surveyed agencies, provide wage/salary and total compensation analysis and ranking data for benchmark classifications.

G. Complete an internal salary relationship analysis including the development of appropriate internal equity relationship guidelines; identify any inconsistencies and make recommendations for correction.

H. Identify positions in the City for which there are no genuine comparable positions elsewhere within comparable agencies and make recommendations to determine fair compensation.

I. Develop externally competitive and internally equitable salary recommendations for each class of work within the scope of this study; consider and incorporate into the analysis and recommendations the impact of future increases in minimum wage mandated by State law.

J. Develop an implementation plan for the study results.

3.2 SCOPE OF WORK: DELIVERABLES
The deliverables to be produced by the selected firm as part of the scope of work include the following:

A. Status Reports. Regularly update the City as to progress of the work, issues encountered and potential resolutions, and any delays in the work and reason for the delay.

B. Preliminary Findings. Provide the City with preliminary findings / data sets as they are available and prior to the draft report being completed.

C. Draft Report. Provide preliminary findings and draft report to the City for internal review.

D. Presentation of Draft Report. Present the draft report to select City staff (virtual), and to all City staff (in-person).

E. Final Report. Provide final report for public dissemination.

F. Presentation of Final Report. Present the final report to select City staff (virtual), all City staff (virtual), and the City Council (virtual).

SECTION 4: RESPONSE FORMAT AND CONTENT

4.1 GENERAL INFORMATION
This section describes the required proposal format and content. The proposal should contain the requested information organized by the prescribed section and subsection numbers and titles.

Each firm is required to submit a complete proposal providing all requested information and a complete description of the services to be rendered. Failure to follow the prescribed format may result in rejection of the proposal.

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Proposals must be complete in all aspects. A proposal may be rejected if it is either conditional or incomplete, or if it contains any alteration of form or other irregularities of any kind. A proposal may be rejected if any such defect or irregularity constitutes a material deviation from the proposal requirements. Proposals must be clearly marked as stated herein and must be received by the date and time specified.

4.2 PROPOSAL FORMAT
The proposal must utilize any forms provided in this package and must follow the proposal content requirements in the order in which they appear in this RFP. Proposals that do not conform to this format may not be considered for evaluation. Proposals must be typewritten and submitted on standard 8½ in by 11 in paper. Each page must be clearly and consecutively numbered. All proposals must be signed in ink by an agent legally authorized to bind the firm.

The content and sequence of the proposal shall be as follows:

A. Cover Page – Each proposal should include a cover page that includes the RFP Name, Number, and the proposing firm’s name and contract information.

B. Signature Page – The Signature Page / Addenda Acknowledgement included as Attachment

6.1 must be completed, signed and submitted with each firm’s proposal. This should be included behind the cover page and before the cover letter.

C. Cover Letter - The Cover Letter must be a maximum of a one (1) page introducing the proposing firm. The Cover Letter must include the proposing firm’s name and address.

D. Table of Contents - The Table of Contents should include a comprehensive listing of the contents included in the proposal. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers.

E. Executive Summary - The Executive Summary should condense and highlight the contents of the proposing firm’s proposal to provide the Evaluation Committee with a broad understanding of the proposing firm’s approach, qualification, experience and staffing.

F. Approach - The proposal should clearly describe in detail how the proposing firm will meet the requirements of this RFP and perform the scope of work. Additionally, the proposal should provide any special or unique qualifications which the firm believes it possesses to meet the requirements of this proposal. Only those levels of performance the firm actually believes can be accomplished should be stated as measurable objectives. Each of the major tasks, or activities to be undertaken, as a means of reaching such objectives, must be specifically identified. Display the essential points of activity in a time sequence showing the amount of time allotted to each activity.

The merit of each proposal received in response to this proposal will be judged largely on the basis of each firm’s narrative description as described in the Approach section of their City of Crescent City RFP NO. 2024-COMP P a g e 7 | 10
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proposal. It is important that your proposal contain all information required for an effective review process. The responding proposal should be written in such a manner to provide sufficient detail to enable the evaluation committee members to know what is planned at every stage, and to make a judgment as to the probable success of the proposed effort.

G. Qualifications – Each proposing firm must provide a concise statement demonstrating that the firm’s company has the qualifications, experience, and capability to perform the requirements of this proposal. The following sections must be included:
i. History - Provide a brief history of your company, including the number of years in business. State whether your organization is an individual proprietorship, partnership, corporation, or private nonprofit organization, and the date your company was formed or incorporated. Provide a statement as to any judgment, litigations, licensing violations, or other violations, outstanding or resolved, against your company in the past five (5) years.
ii. Background and Experience - A summary of relevant background information describing your firm’s experience of major accomplishments and/or activities similar to the requirements set forth under this proposal, which demonstrates your firm’s ability to provide the service described in your proposal. Include a summary of 3 similar studies conducted for public agencies of similar size during the past five years. iii. References - Provide a list of at least five (5) customer references. Include the firm’s name; the name, title, and telephone number of a contact person; the dollar amount of the Agreement; and the dates that these services were completed. The firm may provide sample material of its work to substantiate previous experience. iv. Staff Assignment - A brief description of the experience and qualifications of the proposed key staff members assigned to this project and what percentage of their time will be devoted to the project. Show their function, level of education, degree and license, if appropriate, and a detailed resume for each person. Additionally, each proposing firm must specify where the staff will be located and identify the project manager.

H. Cost Proposal - Please provide a total cost estimate for the work described in the Proposal Requirements. The total cost estimate should include:
i. A breakdown of the cost by task, identifying project team members, billing rates and estimated hours per task;
ii. Include hour and feet total by subtask and information of any other incidental costs, such as travel/mileage, etc.;
iii. Indicate the proposed compensate rate and structure for the described services; and iv. A rate schedule for optional extra work not specified in the Proposal Requirements.

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I. Exceptions - This portion of the proposal must note any exceptions to the requirements and conditions taken by the proposing firm. Exceptions should clearly explain why the firm is taking exception to the requirements. If exceptions are not noted, the City will assume that the firm’s proposal meets those requirements as specified herein and that the firm accepts and intends to abide by all stated terms, conditions, and requirements. Exceptions will be considered by the City. They will only form a part of the resulting Agreement if the City explicitly so states in writing.

Exceptions shall be noted as follows:
i. Exceptions to the Scope of Work
ii. Exceptions to General Provisions
iii. Exceptions to Special Provisions
iv. Exceptions to Instructions for Submitting Proposal and Proposal Content Requirements
v. Exceptions to any other part of this RFP
vi. Exceptions to terms in the Sample Agreement
J. Alternatives or Additions – The proposing firm may submit alternative, optional or additional tasks or services for the City’s consideration to be included as part of the compensation study.

SECTION 5: SELECTION PROCESS AND EVALUATION CRITERIA

5.1 BASIS OF AWARD
An award will be made to the firm whose proposal demonstrates it to be the most qualified, responsive and advantageous to the City. The reasonableness of the cost proposal is only one of five evaluation criteria, which are designed to assist the City in selecting the firm whose proposal is in the best interests of the City after all criteria have been evaluated.

The City reserves the right, at its sole discretion, to reject any or all proposals or any part thereof, or to waive any informalities or minor irregularities, technical defects or clerical errors, in a proposal, to make an award on the basis of suitability, quality of services to be supplied, their conformity with the specifications and for the purposes for which they are required, and not confined to cost alone. The City will not be liable for any costs incurred by the firm in connection with the preparation and submission of this or any other proposal.

False, incomplete, or nonresponsive statements in connection with the proposal may be deemed sufficient cause for rejection. The City shall be the sole judge in making such determination. The City reserves the right to cancel or discontinue the proposal process and reject any or all proposals in the event it determines that there is no longer a requirement for the furnish of such services, funding is no longer available for the services, or it is otherwise in the best interest of the City to cancel the proposal process.

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5.2 EVALUATION OF PROPOSALS
Proposals will be evaluated by a committee made up of City staff (“evaluation committee”). The evaluation committee will only consider those proposals which are responsive to this RFP. Any proposal that fails to meet the requirements of the RFP will be considered non-responsive and may be rejected. Responsiveness includes attention to detail in following the proposal format. The evaluation committee may also contact and evaluate the firm’s references; contact any firm to clarify any response; contact any current clients of the proposing firm; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

5.3 NOTICE OF INTENT
A “Notice of Intent to Award” will be sent to all proposing firms upon the selection of a firm with which to negotiate a professional services agreement. The notice will be sent via e-mail and posted on the City’s website.

5.4 PROTEST PROCEDURES
Any proposing firm may protest the selection determination made by the Evaluation Committee by submitting a written “Letter of Protest” to the City prior to 5:00 p.m. on the second business day (“Protest Deadline”) following the issuance of the Notice of Intent to Award. The protest letter may be submitted via personal delivery, courier or facsimile transmission. The protest letter must contain a statement of the basis for the protest and all supporting documentation. Material submitted after the Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the RFP/submitted proposal upon which the protest is based. The protest must include the name, address, email address and telephone number of the person representing the protesting firm if different from the protesting firm. A copy of the protest and all supporting documentation must be concurrently transmitted to the protested firm.

The protested firm may submit a written response to the protest, provided the response is received by the City before 5:00 p.m., within two business days after Protest Deadline or after actual receipt of the Letter of Protest, whichever is sooner (the “Response Deadline”). The protested firm may submit the response by personal delivery, courier, or facsimile transmission.

The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested firm if different from the City of Crescent City RFP NO. 2024-COMP P a g e 10 | 10 Comprehensive Compensation Study
protested firm. A copy of the response and all supporting documents must be concurrently transmitted to the protesting firm.

Within five business days of the Response Deadline, the City Manager will issue a decision on the protest. The decision of the City Manager will be final.

The procedure and time limits set forth in this section are mandatory and are the protesting firm’s sole and exclusive remedy in the event of a protest. A firm’s failure to comply with these procedures will constitute a waiver of any right to further pursue a protest, including filing a Government Code claim or initiation of legal proceedings.

SECTION 6: ATTACHMENTS

6.1 SIGNATURE PAGE / ADDENDA ACKNOWLEDGMENT

6.2 PROPOSED FORM OF AGREEMENT
City of Crescent City RFP NO. 2024-COMP
Comprehensive Compensation Study
ATTACHMENT 6.1: SIGNATURE PAGE / ADDENDA ACKNOWLEDGEMENT

COMPREHENSIVE COMPENSATION STUDY
RFP NO. 2024- COMP
PROPOSING FIRM:

ADDRESS:

PO BOX / STREET CITY STATE ZIP
CONTACT PERSON:

TITLE:

PHONE: EMAIL:

PROPOSER CERTIFICATIONS

1. The undersigned hereby certifies he/she is a duly authorized official of their organization and assures that all statements made in the proposal are true, agrees to perform the scope of work stipulated in the Request for Proposal at the price stated herein, and will comply with all terms and conditions set forth, unless otherwise stipulated.

2. The undersigned hereby certifies that he/she has read the proposed form of agreement (Attachment 6.3) pursuant to the submittal of a Request for Proposals (RFP) and will comply with said proposed form of agreement, unless otherwise noted by exception herein.

3. The undersigned hereby certifies that he/she has received, read, and agrees to the clarifications and additional terms set forth in Addenda Nos. ____ through ____.

Authorized Representative – Print Name:

Title:

Signature: Date:

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ATTACHMENT 6.2: PROPOSED FORM OF AGREEMENT

CITY OF CRESCENT CITY

AGREEMENT FOR PROFESSIONAL SERVICES
This agreement for professional services ("Agreement") is hereby entered into this ____ day of _________________2024, by and between the City of Crescent City, a California municipal corporation ("CITY") and [name of firm], a [legal status] ("CONSULTANT").

RECITALS
WHEREAS, CITY has determined it is necessary and desirable to secure certain technical and professional services; and
WHEREAS, CITY solicited proposals through a formal Request for Proposal process to conduct a comprehensive compensation study; and
WHEREAS, CITY evaluated the proposals received and CONSULTANT was selected to provide services as described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED by and between CITY and CONSULTANT as follows:

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.

DATE TASK
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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 __________________ Dollars ($____________.00) as specified in Exhibit “B” attached hereto and incorporated herein by this reference.

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 P a g e 2 | 11
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any disputed invoice amounts and CITY will pay promptly upon resolution of the dispute. The City does not make advance payment for services.

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.

6.3. 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.

6.5. 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.

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.

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11.NOTICE.

IF TO CITY: IF TO CONSULTANT:

City of Crescent City
Attn: City Manager
377 J Street
Crescent City, CA 95531
PH: (707) 464-7483
Email: [email protected]
Attn:

Phone:

Email:

11.2. CHANGE OF ADDRESS. Either party may change its address for notices by complying with the notice procedures in this Section.

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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.

15.NONDISCRIMINATION.

16.INSURANCE.

POLICY TYPE MINIMUM COVERAGE LIMITS
(a) Workers' Compensation Per California Law
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(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

General liability coverage can be provided in the form of an endorsement to the CONSULTANT’S insurance.

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.

16.6. 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 P a g e 6 | 11
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provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.

17.WORKERS' COMPENSATION.

17.2. WAIVER OF SUBROGATION. CONSULTANT and CONSULTANT'S insurance company agree to waive all rights of subrogation against CITY, P a g e 7 | 11
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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.PROPOSAL. The proposal submitted by CONSULTANT is attached hereto as Exhibit “C” and incorporated herein by reference to the extent that it does not conflict with this Agreement.

19. SANCTIONS. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO may be accessed at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-RussiaUkraine-Executive-Order.pdf.

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 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 P a g e 8 | 11
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of any and all violations of this Section upon becoming aware of such violation.

20.3 TIME OF THE ESSENCE. CONSULTANT understands and agrees that time is of the essence in the completion of the work and services described herein.

20.4 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.

20.5 GOVERNING LAW AND CHOICE OF FORUM. This Agreement must be administered and interpreted under California law as written by both parties.

Any litigation arising from this Agreement must be brought in the Superior Court of California, in and for Del Norte County.

20.6 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.

20.7 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.

20.8 INTEGRATION. This Agreement constitutes the entire agreement of the parties and supersedes and prior negotiations, agreements, understandings, representations or statements.

20.9 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.

20.10 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.

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20.11 COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall e deemed an original but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with California’s Uniform Electronic Transactions Act Cal. Civ. Code 1633.1, et seq.) or other transmission methods, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
[END OF AGREEMENT]
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SIGNATURE PAGE – PROFESSIONAL SERVICES AGREEMENT

COMPREHENSIVE COMPENSATION STUDY
Executed by CITY and CONSULTANT by their duly authorized representatives on this ______ day of ______________________, 2024.

CITY OF CRESCENT CITY CONSULTANT:
_______________________________
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- Consultant Proposal
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Crescent City City CouncilFebruary 20, 2024

Crescent City City Council
February 20, 2024