The grantee shall use the funds to complete the following project (“the project”) at the Lighthouse Cove RV Park in Crescent City, as shown on Exhibit A, which is incorporated by reference and attached.
The project consists of the creation of lower cost overnight accommodations at the City of Crescent City’s Lighthouse Cove RV Park. The project will install two cabins that meet ADA standards and sleep up to six people each, renovate an apartment in an existing building in the RV Park, and renovate the restrooms in the same structure. The cabins and apartment will be rented to the public.
The grantee shall carry out the project in accordance with this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project.
II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shall not begin construction of the project and the Conservancy will not be obligated to disburse any funds unless and until the following conditions precedent have been met:
The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee.
The Executive Officer of the Conservancy (“the Executive Officer”) has approved in writing:
a. A work program for the project, as provided in section “V. WORK PROGRAM.” b. A plan for installation of signs and acknowledgment of Conservancy support, as provided in section “VI. SIGNS AND ACKNOWLEDGMENT.”
c. All contractors that the grantee intends to retain in connection with the project. [The grantee must provide written evidence to the Conservancy that each contractor has complied with the bonding requirements described in section “VII. BONDING.” The grantee has provided to the Conservancy:
a. A statement identifying and confirming that it has obtained all permits and approvals necessary to the completion of the project under applicable local, state, and federal laws and regulations.
b. Evidence the grantee has provided for required insurance coverage, including additional insured endorsement, as described in section “XVI. INSURANCE.” City of Crescent City
Grant Agreement No. 24-026
Notwithstanding the above, the grantee may begin to prepare plans, specifications and engineering work upon meeting conditions precedent no. 2a, no. 2b, no. 3b, and upon the Executive Officer’s review and approval of a separate work program for preparation of the plans, specifications and engineering work (tasks, budget and timeline) and approval of any contractors that the grantee will retain to perform such work.
III. TERM OF AGREEMENT
This agreement will take effect when signed by both parties and received in the offices of the Conservancy together with the resolution described in section “II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT”. This agreement may be signed electronically using a process specified by the Conservancy.
This agreement terminates on January 31, 2047 (“the termination date”) unless terminated early as provided in this agreement. However, the grantee shall complete all work by January 31, 2027 (“the completion date”).
The grantee shall deliver a final Request for Disbursement to the Conservancy no later than February 28, 2027.
IV. AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at its September 5, 2024 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit B. This agreement is executed under that authorization.
City of Crescent City
Grant Agreement No. 24-026
Standard Provisions
V. WORK PROGRAM
Before beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with the purposes of this grant agreement. The work program must include:
Construction plans and specifications.
A schedule of completion for the project specifically listing the date for completing each project component and showing how the project will be completed by the completion date.
A detailed project budget. The project budget must describe all labor and materials costs of completing each component of the project, including the grantee’s labor and materials costs and costs to be incurred under a contract with any third party retained by the grantee for work under this agreement. For each project component, the project budget must list all intended funding sources, including the Conservancy’s grant, all other sources of monies, materials, or labor. The grantee shall review the plans with Conservancy staff, on-site if feasible.
If all or any part of the project to be funded under this agreement will be performed by third parties (“contractors”) under contract with the grantee, the grantee shall submit to the Executive Officer for review and approval the names and qualifications of the contractors.
The work program will have the same effect as if included in the text of this agreement.
However, the work program may be modified without amendment of this agreement upon the grantee’s submission of a modified work program and the Executive Officer’s written approval of it. If this agreement and the work program are inconsistent, the agreement will control.
The grantee shall construct the project in accordance with the approved work program.
VI. SIGNS AND ACKNOWLEDGMENT
Prior to beginning the project, the grantee shall submit, for review and written approval by the Executive Officer, a plan for the installation of signs and acknowledgment of Conservancy support. Except as the Executive Officer agrees otherwise, the plan must commit the grantee to mention the Conservancy’s support in its project-related press releases, contacts with the media, and social media postings, and on its website.
The plan must commit the grantee to install and maintain a sign or signs visible from the nearest public roadway identifying the project, acknowledging Conservancy assistance and displaying City of Crescent City
Grant Agreement No. 24-026
the Conservancy’s logo. The Conservancy shall provide to the grantee specifications for the signs. The signs must also acknowledge funding from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68). The grantee sign plan shall describe the number, design, placement and wording of the signs, or the specifications of a proposed, alternative method. The grantee shall implement the approved signs and acknowledgment plan. The Conservancy will withhold final disbursement until the signs are installed as approved by the Conservancy.
VII. BONDING
If the grantee intends to use any contractors on any portion of the project to be funded under this agreement, the grantee shall not begin construction until each contractor has furnished a performance bond in favor of the grantee in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement does not apply to any contract for less than $250,000.
Any bond furnished under this section must be executed by an admitted corporate surety insurer licensed in the State of California.
VIII. COSTS AND DISBURSEMENTS
When the Conservancy determines that all conditions in section “II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT” have been fully met, the Conservancy shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section.
The withholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee’s satisfactory progress under the approved work program, and upon the grantee’s submission of a “Request for Disbursement” form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee’s satisfactory completion of construction and compliance with section “X. PROJECT COMPLETION”, and upon the Conservancy’s acceptance of the project.
Hourly rates billed to the Conservancy must be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The grantee shall require its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Conservancy. The Conservancy will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Conservancy will reimburse travel City of Crescent City
Grant Agreement No. 24-026
and related expenses in accordance with the rates set forth in “SCC Travel Reimbursement Rates for Grants and Contracts,” as posted on the Conservancy’s website at scc.ca.gov. The Conservancy will reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and other relevant factors.
The grantee shall request disbursements by filing with the Conservancy a fully executed “Request for Disbursement” form (available from the Conservancy). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred of all work done for which disbursement is requested. The form must also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement.
An authorized representative of the grantee must sign the forms. Each form must be accompanied by:
All receipts and any other source documents for direct expenditures and costs that the grantee has incurred.
Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing.
A progress report summarizing the current status of the project and the work for which the grantee is requesting disbursement.
The grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee until the grantee corrects all deficiencies.
IX. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG
BUDGET ITEMS
No increase in the total amount of this grant will be valid unless set forth in a written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overheard and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Conservancy and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any City of Crescent City
Grant Agreement No. 24-026
deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Conservancy may withhold payment for items that exceed the amount allocated in the project budget by more than ten percent and that have not received the approval required above. Any increase in the funding for any particular budget item will mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement.
X. PROJECT COMPLETION
Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report by the final Request for Disbursement date set forth in section III. TERM OF AGREEMENT that includes:
A report certifying completion of the project according to the approved work program, including photographs documenting project completion.
Documentation that signs are installed as required by section “VI. SIGNS AND ACKNOWLEDGMENT.”
A fully executed final “Request for Disbursement.” A “final Request for Disbursement” means a Request for Disbursement that includes the withheld amounts and all remaining amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement.
The Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to the grantee a letter of acceptance of the project and release the withhold amount pursuant to section “VIII. COSTS AND DISBURSEMENTS”. The project will be deemed complete as of the date of the letter.
XI. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing.
Before the project is complete, the Conservancy may terminate this agreement for any reason by providing the grantee with thirty days notice in writing. Before the project is complete, the Conservancy may suspend this agreement for any reason by providing the grantee with seven days notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy will be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or City of Crescent City
Grant Agreement No. 24-026
suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement will remain in effect until further written notice from the Conservancy authorizes work to resume.
If the grantee fails to complete the project as required, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee will be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph does not limit any other remedies the Conservancy may have for breach of this agreement.
Before the project is complete, the grantee may terminate this agreement for any reason by providing the Conservancy with seven days notice in writing and repaying to the Conservancy all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed.
The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section.
The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.
XII. OPERATION AND MAINTENANCE
The grantee shall use, manage, maintain and operate the project throughout the term of this agreement consistent with the purposes for which the Conservancy’s grant was made. The grantee assumes all operation and maintenance costs of these facilities and structures; the Conservancy is not responsible for any cost of maintenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer.
For purposes of this agreement, “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. “Maintenance costs” include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures.
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XIII.MITIGATION
Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of real property on which the Conservancy has funded construction. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on the real property be remitted promptly to the Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the property in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation.
XIV. INSPECTION
Throughout the term of this agreement, the Conservancy has the right to inspect the project area to ascertain compliance with this agreement.
XV. INDEMNIFICATION AND HOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs, including, without limitation, litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors, and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents, or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq.
The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents, or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this agreement.
The obligations in this section “XV. INDEMNIFICATION AND HOLD HARMLESS” will survive termination of this agreement.
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XVI. INSURANCE
The grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the grantee or its agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement.
As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage requirement in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee’s participation in a “risk management” plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.
The grantee shall maintain property insurance, if required below, throughout the term of this agreement. Any required errors and omissions liability insurance shall be maintained from the effective date through two calendar years after the completion date. The grantee shall maintain all other required insurance from the effective date through the completion date.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office (“ISO”) Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable.
b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto). c. Workers’ Compensation insurance as required by the Labor Code of the State of California.
Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than:
a. General Liability:
(Including operations,
products and completed
operations, as applicable)
$2,000,000 per occurrence for bodily injury,
personal injury and property damage.
b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Worker’s Compensation: Worker’s compensation as required by law.
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Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer.
Waiver of Subrogation. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer.
Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Conservancy may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
Contractors. The grantee shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain Errors and Omissions Liability insurance appropriate to the contractor’s profession and in a reasonable amount in light of the nature of the project.
Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy.
XVII. AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, “required records”) relating to this agreement, in accordance with the guidelines of “Generally Accepted Accounting Principles” (“GAAP”) published by the American Institute of Certified Public Accountants. The required records include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the construction of the project, and the use, management, operation and maintenance of the real property, time and effort reports, and supporting documents that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation.
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The Conservancy or its agents may review, obtain, and copy all required records. The grantee shall provide the Conservancy, California State Auditor, their officers, employees, and agents with any relevant information requested and with access to the grantee’s premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Conservancy, and the final year to which the particular records pertain.
The records shall be subject to examination and audit by the Conservancy and the California State Auditor during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement.
XVIII.COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.
XIX. NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the City of Crescent City
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regulations or standards adopted by the Conservancy to implement such article. The grantee shall permit access by representatives of the Department of Fair Employment and Housing and the Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Conservancy shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement.
XX. AMERICANS WITH DISABILITIES ACT
By signing this agreement, grantee certifies that it is in compliance with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
XXI. PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861.
If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations.
The grantee is responsible for determining whether the project is subject to prevailing wage laws, and for complying with all labor laws applicable to the project. The grantee may also review the Conservancy publication, “Information on Prevailing Wage Laws for State Coastal Conservancy Grantees” (2023), available from the Conservancy on request; which provides general information and is not legal advice to the grantee on whether the grantee’s project is subject to prevailing wage laws.
XXII. DRUG-FREE WORKPLACE
The grantee’s signature on this agreement constitutes the certification required by Government Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees provide a drug-free workplace by doing all of the following:
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Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions that will be taken against employees for violations of the prohibition.
Establishing a drug-free awareness program to inform employees about all of the following:
a. The dangers of drug abuse in the workplace.
b. The person’s or organization’s policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations.
Requiring that each employee engaged in the performance of the grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement.
XXIII. XXIV EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the Conservancy determine the grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement.
The Conservancy shall provide the grantee advance written notice of such termination, allowing the grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the Conservancy.
XXIV. INDEPENDENT CAPACITY
The grantee, and the agents and employees of grantee, in the performance of this agreement, are acting in an independent capacity and not as officers or employees or agents of the State of California.
XXV. ASSIGNMENT
Without the written consent of the Executive Officer, the grantee may not assign this agreement in whole or in part.
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Grant Agreement No. 24-026
XXVI. TIMELINESS
Time is of the essence in this agreement.
XXVII. EXECUTIVE OFFICER’S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who will have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing.
XXVIII. AMENDMENT
Except as expressly provided in this agreement, no changes in this agreement will be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement will be binding on any of the parties.
Exhibit 1: Project Location Map
Project Location
Exhibit A
COASTAL CONSERVANCY
Staff Recommendation
September 5, 2024
LIGHTHOUSE COVE LOWER COST ACCOMMODATIONS PROJECT
Project No. 24-035-01
Project Manager: Peter Jarausch
RECOMMENDED ACTION: Authorization to disburse up to $835,000 to the City of Crescent City to undertake the Lighthouse Cove Lower Cost Accommodations Project which consists of adding up to three lower cost units that will accommodate up to 20 people and renovating the existing restrooms at the City of Crescent City’s Lighthouse Cove RV Park in Del Norte County.
LOCATION: Crescent City, Del Norte County
EXHIBITS
Exhibit 1: Project Location Map
Exhibit 2: Project Photographs
Exhibit 3: Project Letters
RESOLUTION AND FINDINGS
Staff recommends that the State Coastal Conservancy adopt the following resolution and findings.
Resolution:
The State Coastal Conservancy hereby authorizes a grant of an amount not to exceed eight hundred and thirty-five thousand dollars ($835,000) to the City of Crescent City (“the grantee”) to undertake the Lighthouse Cove Lower Cost Accommodations Project which consists of adding up to three lower cost units that will accommodate up to 20 people and renovating the existing restrooms at the City of Crescent City’s Lighthouse Cove RV Park in Del Norte County (the “project”).
Prior to commencement of the project, the grantee shall submit for the review and written approval of the Executive Officer of the Conservancy (Executive Officer) the following:
1. A detailed work program, schedule, and budget.
2. Names and qualifications of any contractors to be retained in carrying out the project.
Exhibit B
LIGHTHOUSE COVE LOWER COST ACCOMMODATIONS PROJECT
3. A plan for acknowledgement of Conservancy funding and Proposition 68 as the source of that funding. Evidence that all permits and approvals required to implement the project have been obtained.
Findings:
Based on the accompanying staff recommendation and attached exhibits, the State Coastal Conservancy hereby finds that:
1. The proposed authorization is consistent with Chapter 10 of Division 21 of the Public Resources Code, regarding Lower-Cost Coastal Accommodations. The proposed project is consistent with the current Conservancy Project Selection Criteria.
STAFF RECOMMENDATION
PROJECT SUMMARY:
Staff recommends the Conservancy authorize a $835,000 grant to the City of Crescent City (the “grantee”) to undertake the Lighthouse Cove Lower Cost Accommodations Project which consists of adding up to three lower cost family/group vacation rental units at the Lighthouse Cove RV Park and renovating the existing restrooms to meet ADA standards (the “project”). The RV Park is located on the Crescent City waterfront and adjacent to Elk Creek in Del Norte County.
This project has greater than local benefit. Visitors from many parts of California travel to Del Norte County in the summer. They come to enjoy the natural beauty, escape the inland heat, and increasingly, to escape wildfire smoke. The need for clean coastal air is particularly acute in late summer and early fall. Tourists from around the world also travel to Del Norte County to experience the redwoods. In addition, as part of the Pacific Coast Bicycle Route, there is a steady stream of bicyclists traveling through the area and in need of overnight accommodation.
Existing accommodation in and around Crescent City is in very high demand during the summer. Local hotels are expensive during the high season, and it is rare to find an available camping spot in Redwood National and State Park campgrounds. The two largest campgrounds, one at Jedediah Smith State Park and the other at Mill Creek, are very scenic and typically booked six months in advance. The limited number of camping spots as well as the costs associated with staying in a hotel are a barrier for equitable access to the coast.
The project consists of creating three new lower cost accommodations at the Lighthouse Cove RV Park, which is owned and operated by the grantee. In particular, the project consists of purchasing and installing two new cabins and renovating an existing apartment. The cabins sleep up to six each with a queen bed, bunk beds, and a futon. They also include a small kitchen and bathroom and are designed to be accessible for people with disabilities. These cabins will be located in spots previously rented out to RV campers. The 1,200 square foot apartment is on the second floor of an existing building at the RV Park. It will sleep eight with three queen beds and a futon. It also has a kitchen and bathroom and has a view of the ocean. The apartment is currently in need of renovation to bring it up to vacation rental standards.
LIGHTHOUSE COVE LOWER COST ACCOMMODATIONS PROJECT
Site Description: The Lighthouse Cove RV Park is centrally located on the City of Crescent City waterfront in Del Norte County with quick access to both the natural environment as well as shops and restaurants. The Elk Creek estuary forms the northern and western boundaries of the RV Park. To the south is a sandy beach and Crescent City Harbor. The area is protected by jetties and has few waves making it an attractive spot for families to enjoy the water. The California Coastal Trail is located just outside of the RV park and provides an easy connection to the Crescent City Harbor, Beachfront Park, and the Battery Point Lighthouse. The City’s indoor pool is also just a short walk away along the California Coastal Trail.
The RV Park is owned and operated by the City of Crescent City. This makes it possible to set rates for the cabins and the apartment to ensure that the units will always be lower-cost accommodations.
Grant Applicant Qualifications: The City of Crescent City is well qualified to undertake this project. It has experience renovating the RV Park, constructing sections of the California Coastal Trail, and improving access to their waterfront. The City has also recently secured significant funding for the renovation of Beachfront Park. After an extensive public outreach effort partially funded by a grant from the Conservancy, the community has decided on the improvements it would like to see at Beachfront Park and the City is now implementing those plans.
CONSISTENCY WITH CONSERVANCY’S PROJECT SELECTION CRITERIA:
The proposed project is consistent with the Conservancy’s Project Selection Criteria, last updated on September 23, 2021, in the following respects:
Selection Criteria
1. Extent to which the project helps the Conservancy accomplish the objectives in the Strategic Plan.
See the “Consistency with Conservancy’s Strategic Plan” section below.
2. Project is a good investment of state resources.
The proposed project is a good investment of state resources as it contributes to the State’s objective to provide lower-cost accommodation on the California coast. The proposed project has a reasonable budget, and the grantee is ready to construct the project.
3. Project includes a serious effort to engage tribes. Examples of tribal engagement include good faith, documented efforts to work with tribes traditionally and culturally affiliated to the project area.
The City holds regular meetings with the Tolowa Dee-ni’ Nation and Elk Valley Rancheria. The proposed project will be discussed during one of these regular meetings with the tribes. The City is also currently working to add Tolowa cultural elements to Beachfront Park which is a short walk from the RV Park. This is funded in part by a grant from the Conservancy.
LIGHTHOUSE COVE LOWER COST ACCOMMODATIONS PROJECT
4. Project benefits will be sustainable or resilient over the project lifespan.
The cabins are expected to have a lifespan of more than 20 years as will the apartment. The City is planning to set the rates so that by the end of the life of the cabins there will be sufficient funding to replace them.
The City will be able to maintain the lower cost rates because the initial costs are proposed to be covered by this recommended grant. This recommended grant will cover the initial capital improvements costs and the City will then only need to cover the long-term maintenance and management of the units. The City would not be able to maintain the lower cost rates without the Conservancy’s funding the capital improvements.
There is some risk to the project from a tsunami. The Crescent City Harbor is particularly susceptible to tsunamis due to the shape of the seafloor leading up to the harbor. The City will mitigate for this by anchoring the cabins to a concrete foundation. In the event that the cabins are damaged by strong currents and flooding from a Tsunami, the City’s insurance is expected to help cover the cost of repair or replacement.
Del Norte County and the City of Crescent City are currently not experiencing the impacts of sea level rise. Due to tectonic forces the ground is rising at approximately the same rate as sea level rise. More important for this area is flooding created from an increase in the frequency and intensity of winter storms. The City’s Lighthouse RV Park is in a relatively sheltered location behind the breakwater guarding the entrance to the Crescent City Harbor and therefore less susceptible to winter storms.
5. Project delivers multiple benefits and significant positive impact.
The proposed project will provide lower cost accommodations to a popular part of the California Coast. These accommodations will benefit both the visitors who will be able to spend the night as well as the local economy which relies on tourism. In addition, it will allow new visitors to experience the world-renowned local parks.
PROJECT FINANCING
Coastal Conservancy $835,000
Project Total $835,000
The expected source of funds for this project is the FY 19/20 (reappropriated FY 22/23) and FY 20/21 (reappropriated FY 24/25) appropriation to the Conservancy from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68, Public Resources Code Sections 80000-80173). Chapter 9 of Proposition 68 (section 80120- 80121) allocates funds to the Conservancy to enhance and protect coastal and ocean resources by granting funds to public agencies and nonprofit organizations for development of lower-cost coastal accommodations. (Public Resources Code Section 80120(b)).
Consistent with the purposes of this funding source, the proposed project consists of the installation of two new cabins and the renovation of an existing apartment to provide lower cost accommodations. The project will be carried out in accordance with Chapter 10 of Division
LIGHTHOUSE COVE LOWER COST ACCOMMODATIONS PROJECT
21 regarding lower-cost coastal accommodations (see “Consistency with Conservancy’s Enabling Legislation” section below).
CONSISTENCY WITH CONSERVANCY’S ENABLING LEGISLATION:
The proposed project is consistent with Chapter 10 of Division 21 of the Public Resources Code, Sections 31411-31414. Pursuant to PRC Section 31412(a), the Conservancy may award grants and undertake projects as part of its Lower Cost Coastal Accommodations Program (Explore the Coast Overnight) to develop new, lower cost accommodations within one and one-half miles of the coast. The proposed project will develop three new lower cost accommodations on the waterfront in Crescent City.
Consistent with Section 31412(b) the new accommodations are affordable compared to the motels and hotels in the area and are available to low- and middle-income families. The City of Crescent City will develop an outreach plan to target low- and middle-income families.
Consistent with Section 31412(c)(1), the Conservancy continues to hold quarterly meetings with the California Department of Parks and Recreation and the California Coastal Commission regarding the development and selection of projects.
Consistent with Section 31413, the Conservancy’s implementation of the Explore the Coast Overnight Program is guided by a lower-cost accommodations assessment: “Explore the Coast Overnight – An Assessment of Lower-Cost Coastal Accommodations” (Assessment) which the Conservancy completed on March 14, 2019. The proposed project meets the criteria developed in the plan as the project is directly on the shore, will have lower cost rates, increase accessibility, and provide an enjoyable coastal experience. The City of Crescent City has also carefully considered the long-term maintenance costs of the project and has a viable plan for operations.
CONSISTENCY WITH CONSERVANCY’S 2023-2027 STRATEGIC PLAN:
Consistent with Goal 2.7, Explore the Coast Overnight, the proposed project will build an Explore the Coast Overnight project to increase the supply of lower-cost overnight accommodations.
CEQA COMPLIANCE:
The proposed project is categorically exempt from review under CEQA pursuant to 14 California Code of Regulations Section 15303, which exempts projects consisting of the construction of limited numbers of new small facilities or structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
The proposed project consists of the installation of two new cabins within existing RV parking spots and the renovation of an existing apartment to turn it into a vacation rental unit. Thus, the project only involves the creation of new small structures and the conversion of an existing structure.
Upon approval of the project, Conservancy staff will file a Notice of Exemption.
Certificate Of Completion
Envelope Id: 4C85B3F06BBC44659C569E5FA71DD456 Status: Sent Subject: Please DocuSign: Agreement Grant#G24-026 Lighthouse Cove Source Envelope:
Document Pages: 22 Signatures: 0 Envelope Originator:
Certificate Pages: 5 Initials: 0 Peter Jarausch
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
11493 Sunset Hills Rd
Suite 100
Reston, VA 20190
[email protected]
IP Address: 172.85.178.98
Record Tracking
Status: Original
12/3/2024 11:29:52 AM
Holder: Peter Jarausch
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: State Coastal Conservancy Location: DocuSign Signer Events Signature Timestamp
Eric Wier
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 12/3/2024 11:32:36 AM
Viewed: 12/11/2024 1:22:07 PM
Electronic Record and Signature Disclosure:
Accepted: 12/11/2024 1:22:07 PM
ID: e6f44369-203e-4876-b1fc-7dc8a65297b2
Roselin Devi
[email protected]
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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Electronic Record and Signature Disclosure:
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Erika Gomez
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Peter Jarausch
[email protected]
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Electronic Record and Signature Disclosure:
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Contract Staff
[email protected]
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
Accepted: 3/13/2024 10:47:18 AM
ID: 3dbeba96-ec8b-4b8c-ac9f-9ed88d8ce621
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Electronic Record and Signature Disclosure
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CITY OF CRESCENT CITY RESOLUTION NO. 2024-101 Page 1
RESOLUTION NO. 2024-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2024-25 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, as submitted by the City Manager, has been reviewed by the City Council and a duly-noticed public hearing held thereon the 17th day of June 2024; and
WHEREAS, the City Council adopted said budget by way of Resolution No. 2024-47 and has the authority to amend said budget from time to time; and
WHEREAS, the City of Crescent City has applied for and been awarded $835,000 in Coastal Conservancy funding for the Lighthouse Cove Lower Cost Accommodations project; and WHEREAS, an amendment to the budget is required to recognize the revenue and authorize the expenses of the grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
1. That the Fiscal Year 2024-25 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Revenue Increase (Decrease) Expenditure Increase (Decrease) RV Park $835,000 $835,000
2. That unspent amounts will carry forward to the next fiscal year until the project is completed or the grant expires.
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 16th day of December 2024 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Ray Altman, Mayor Pro Tem
ATTEST:
_____________________________
Robin Altman, City Clerk
Resolution No. 2024-102 Pg. 1
RESOLUTION NO. 2024-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY
APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL
CONSERVANCY FOR THE LIGHTHOUSE COVE LOWER COST
ACCOMMODATIONS PROJECT
WHEREAS, the Legislature of the State of California has established the State Coastal Conservancy (“Conservancy”) under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21; and WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code and with the Conservancy’s Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of limited funding; and
WHEREAS, at its September 5, 2024 meeting, the Conservancy adopted a resolution authorizing a grant to the City of Crescent City (“grantee”) for the Lighthouse Cove Expanded Access project (“the project”); and The resolution was adopted by the Conservancy pursuant to and is included in the Conservancy September 5th, 2024 staff recommendation, a copy of which is on file with the grantee and with the conservancy, and
WHEREAS, the Conservancy requires that governing body of the grantee certify through a resolution that it approves the award of Conservancy grant funding and authorizes the execution by a representative of the grantee of a grant agreement on terms and conditions required by the Conservancy grant agreement number G24-026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City, California that the City Council hereby:
1. Approves the award of grant funding from the Conservancy for the project.
2. Acknowledges that it has or will have sufficient funds to complete the project and, if any property is acquired as part of the project to operate and maintain the property, and, if any facilities are constructed as a part of the project, to operate and maintain the facilities for a reasonable period, not less than the useful life of the facilities.
3. Agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Conservancy and as may be necessary to fulfill the terms of the grant agreement and to complete the project.
4. Authorizes any person holding the following position with the grantee to act as a representative of the grantee, to negotiate and execute on behalf of the grantee all agreements and instruments necessary to complete the project and Resolution No. 2024-102 Pg. 2
to comply with the Conservancy's grant requirements, including, without limitation, the grant agreement: City Manager.
APPROVED AND ADOPTED and made effective the same at a regular meeting of the City Council held the 16th day of December 2024 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ray Altman, Mayor Pro Tem
ATTEST:
Robin Altman, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR PRO TEM ALTMAN AND MEMBERS OF THE CITY COUNCIL FROM: ERIC WIER, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT MANAGER DATE: DECEMBER 16, 2024
SUBJECT: AGREEMENT FOR DEVELOPMENT OF A DOWNTOWN SPECIFIC PLAN ____________________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to execute a professional services agreement with Crandall Arambula, PC for Development of a Downtown Specific Plan; and • Approve the use of $64,000 in defederalized program income funds for the project
BACKGROUND
On January 16, 2024, the City Council directed staff to prepare two applications for Economic Development Administration (EDA) funding. The first was for a Comprehensive Economic Development Strategy (CEDS) and the second was for a Downtown Specific Plan. Both applications were submitted under the Notice of Funding Opportunity (NOFO) which was released on March 15, 2023. Subject to the availability of funds, awards made under this NOFO will assist communities and regions in devising and implementing long-term economic development efforts through a variety of non-construction and construction projects. Under this program, EDA assists eligible recipients in creating regional and local economic development plans designed to build capacity and guide the economic prosperity and resiliency of an area or region. EDA investments are designed to help communities catalyze public-private partnerships to foster collaboration, attract investment, and create jobs.
City staff will be submitting another application for funding the Downtown Specific Plan under the current Community Development Block Grant Notice of Funding Availability (NOFA). 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
DOWNTOWN SPECIFIC PLAN AGREEMENT
DECEMBER 16, 2024
2 invite applications from jurisdictions within California. The most recent NOFA was released on August 30, 2024 with approximately $34 million in funding to be awarded.
At the September 3, 2024 City Council meeting, the Council directed staff to move forward with applications for the following proposed activities:
Competitive: Public Service - FRC Food Pantry $300,000
Competitive: Planning and TA - Downtown Specific Plan $300,000 OTC: Economic Development - Business Assistance Loan Program $1,500,000 The estimated timeline for applications is as follows:
CDBG NOFA Release August 30, 2024
Submission Portal for All Applications Opens* October 29, 2024, 9AM *the OTC application has already been submitted.
Applications for Competitive Solicitation Closes* December 30, 2024, 3PM *both competitive applications are on schedule to be submitted by this deadline.
Applications for OTC Solicitation Deadline When funds are exhausted or *funds were exhausted within the first day. December 30, 2024, 3PM Contract Execution for Competitive Applications May 2025 Contract Execution for OTC Applications Rolling basis starting May 2025
ITEM ANALYSIS
On December 4, 2024, staff were notified that the City was preliminarily selected to receive $186,000 in EDA funds for the Downtown Specific Plan. Funding for these awards is not guaranteed at this time, but selections are expected to be finalized in January or February of 2025.
The EDA award for the Downtown Specific Plan now puts the City in an optimal position to get closer to actually implementing the projects that come out of Phase I of the Downtown Specific Plan with the funding that we plan to apply for through CDBG, in what we are now calling Phase II. For competitive CDBG applications, there is also a higher score given to projects with leveraging funds applied to the project, so the EDA award will also make us more competitive for CDBG funds. With the additional CDBG funding added to the project budget, we could potentially get through the environmental review process and get further along the design process to ensure feasibility for one or more of the 3-5 selected priority projects that come out of the Phase I visioning process. This will put us in a prime position to apply for implementation dollars with the next NOFA, once the construction documents are complete.
The next step in preparing the proposed CDBG applications is to secure all necessary contracts.
On October 7, 2024, the City Council authorized staff to execute agreements for the FRC Food Pantry and the Business Assistance Loan Program activities. On October 2, 2024, a Request for
DOWNTOWN SPECIFIC PLAN AGREEMENT
DECEMBER 16, 2024
3 Proposals (RFP), seeking a firm to conduct the proposed Downtown Specific Plan activity, was issued in anticipation of submitting a 2024 CDBG application for funding. The RFP was conditioned upon receiving funding but was released prior to securing that funding due to the fact that having a fully executed contract to submit with the application is worth more points than a draft RFP according to the CDBG scoring criteria. On December 4, 2024, a hiring panel, consisting of City staff, downtown business stakeholders, and economic development professionals, unanimously selected Crandall Arambula P.C. and their team of economists, planners, and landscape architects to serve as the contractor for the Downtown Specific Plan. Crandall Arambula has an impressive resume spanning over 25 years, including a portfolio of over 50 Downtown Plan projects nationwide. Their past revitalization efforts have created authentic downtowns that have thriving retail, restaurants, and visitor attractions while improving livability, maintaining affordability, and equitable economic opportunity for all community members.
Crandall Arambula and their team will investigate existing conditions, analyze current data, explore a range of innovative yet realistic land use and public realm design concepts, and identify key catalyst projects that include strategic community investments to leverage a significant and sustainable amount of new private sector development. The Plan will build on the recent investment in Front Street improvements, Beachfront Park improvements, Highway 101 gateways, the future transit center, and other initiatives. They will establish a “business case” rationale for additional catalytic development with an emphasis on projects that can be initiated and completed in the next five years. The final product will be a highly graphic and engaging document that includes all necessary elements including zoning districts, design guidelines, and ‘action plan’ implementation strategies and funding recommendations to help strengthen and grow the local economy and improve the quality of life for Crescent City’s residents.
The Professional Services Agreement with Crandall Arambula P.C., will reflect the following breakdown for project costs:
Downtown Specific Plan – Phase I
Task 1: Project Management and Coordination $14,000
Task 2: Collect & Analyze Data $42,000
Task 3: Project Outreach/Visioning $56,000
Task 4: Develop Concept Drawings $112,000
Task 5: Draft, Edit, Revise & Finalize Downtown Specific Plan $42,000 Task 6: Present Downtown Specific Plan to City Council $14,000 Total Phase I costs: $280,000
*The City will also contribute $15,000 of in-kind staff time and $1,000 of in-kind facility rental space for meetings for Phase I.
For Phase II of the Downtown Specific Plan, the City will release another RFP to contract with the appropriate firms capable of taking the priority projects identified in Phase I to the next level of implementation, once those projects have been identified and approved by council.
The funding breakdown for all phases of the Downtown Specific Plan are as follows:
Phase I
EDA $186,000
City (previously authorized match dollars required by grantor) $30,000 *these were unspent Cal Endowment grant dollars set aside for Economic Development.
DOWNTOWN SPECIFIC PLAN AGREEMENT
DECEMBER 16, 2024
4 City (proposed budget adjustment to move defederalized CDBG dollars to project) $64,000 Total contract budget: $280,000
*Plus in-kind match of $16,000 for staff time and facility rental space Phase II
2024 CDBG application $300,000
City (proposed budget adjustment to move Cal Endowment grant dollars set aside for Economic Development if awarded) $23,000
Total contract budget: $323,000
Total project budget: $603,000
*Plus in-kind match of $16,000 for staff time and facility rental space in Phase I The agreement with Crandall Arambula expressly recognizes that the City has not yet obtained funding for this project. The City will not issue the consultant a notice to proceed until funding is secured. Staff is requesting authorization of this agreement now in order to secure additional points toward our CDBG application which would fund Phase II.
FISCAL ANALYSIS
The $30,000 in EDA grant match dollars was previously approved by council and will be used from the unspent portion of the Cal Endowment Economic Resiliency grant. This amount is already budgeted in the General Fund.
Additional funds in the amount of $64,000, to be transferred from the defederalized CDBG Program Income account (which has been held in the CIP Fund awaiting a project), are being requested for Phase I to ensure that it is fully funded with or without the CDBG grant and can begin as soon as EDA funds are available. Defederalized CDBG Program Income is the funding that is collected each year from the Housing Rehabilitation Program, previously funded by CDBG.
As loan payments come in each year, the City is allowed to “defederalize” or keep this revenue if the amount is under $35,000 in a year. If the amount collected is more than that, then the funds must either go back to the State or be used for another CDBG eligible activity with a Program Income application. Currently, the City is holding $73,101 in defederalized CDBG Program Income funds that can be allocated by the City Council to a project.
If the CDBG grant application is successful, City staff proposes transferring an additional $23,000 from the remaining unspent portion of the Cal Endowment Economic Resiliency grant. The City was initially awarded $100,000 from Cal Endowment for Economic Resiliency projects, yet only $34,989 was expended on a contract with Berry Strategy to perform some branding work. There is currently $65,011 remaining for other Economic Development projects that help build resiliency.
For competitive CDBG applications, a higher score is given to applications that can meet a 1:01 ratio of leveraging funds to the amount of CDBG funds being requested. Using this funding as a match for the CDBG application will make our project more competitive.
EDA and CDBG funds are dispersed on a reimbursement basis. The consultant performing the work will invoice the City periodically, and the City will pay the consultant and then submit a reimbursement request to the grantor. The grantor typically reimburses the City approximately 30-90 days after the reimbursement request has been submitted. As discussed in previous meetings, the City has many grant-funded projects planned for the next few years and cash flow
DOWNTOWN SPECIFIC PLAN AGREEMENT
DECEMBER 16, 2024
5 will be a concern. City staff anticipates needing a short-term cash flow loan for FY 25-26 and possibly FY 26-27, and staff is already working with its financial advisor, bond counsel, and lending institution to prepare for this. Depending on the timing of this project and how it fits with the rest of the City’s projects, it is possible this project will also require cash flow borrowing and would be rolled into the cash flow loan already under consideration.
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: Promote a thriving local economy
• Goal 2(D): Collaborate with other jurisdictions and non-profits 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)(1): Streamline services that support new, existing, and prospective businesses • Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs
ATTACHMENTS
1. Professional Services Agreement with Crandall Arambula P.C.
CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT
This professional services agreement ("Agreement") is made and entered into by the City of Crescent City, a California municipal corporation ("CITY") and Crandall Arambula, PC, an Oregon professional corporation ("CONSULTANT"), for the purpose of creating a Downtown Specific Plan for the City of Crescent City.
RECITALS
WHEREAS, CITY plans to apply for 2024 Community Development Block Grant (CDBG) program funding for a Downtown Specific Plan through the State Department of Housing and Community Development (HCD); and
WHEREAS, CITY has also applied for and received a preliminary award of funding from the US Economic Development Administration (EDA) for all or part of the creation of the Downtown Specific Plan; and
WHEREAS, CITY issued a request for proposals, received six proposals, and selected CONSULTANT as the top choice firm; and
WHEREAS, CONSULTANT is qualified and willing to provide such services pursuant to the terms and conditions of this Agreement.
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 SERVICE.
(a) Services to be Furnished. Subject to policy direction and approvals as CITY through its staff may determine from time to time, CONSULTANT shall perform the services set forth in Exhibit “A” attached hereto and incorporated herein by reference. It is acknowledged by both parties that the services to be performed must be provided in accordance with CDBG Guidelines and that if any terms of this Agreement conflict with those guidelines, then an amendment will be necessary. (b) Schedule for Performance. CONSULTANT must perform the services identified in Exhibit “A” as expeditiously as is consistent with generally accepted standards of the professional skill, and with the appropriate care and the orderly progress of work per the requirements of the Department of Housing and Community Development CDBG Program. All work performed should generally follow the 12-
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month schedule, attached hereto as Exhibit “B” and incorporated herein by this reference.
(c) Standard of Quality. All work performed by CONSULTANT under this Agreement must be in accordance with all applicable legal requirements, including CDBG Guidelines. All work must also meet the standard of quality ordinarily to be expected of competent professionals in CONSULTANT'S field of expertise. (d) 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, always obtain and keep in effect during the term of this Agreement any licenses, permits, insurance and approvals which 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. (e) Notice to Proceed. CONSULTANT is not authorized to commence work under this Agreement until CITY has issued CONSULTANT a notice to proceed. CITY will not issue a notice to proceed until funding for the project has been secured.
3. COMPENSATION.
(a) Schedule of Payment. The compensation and terms of payment to be paid by CITY to CONSULTANT for the services rendered hereunder will be in accordance with Exhibit “C”, attached hereto and incorporated herein by this reference. It is expressly agreed and understood that the total to be paid by CITY under this Agreement for professional services is not to exceed Two Hundred Eighty Thousand Dollars ($280,000.00).
(b) 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.
(c) Invoicing and Payment. CONSULTANT will invoice CITY monthly for services performed during the prior month and indicating the task and the amount of staff time. CONSULTANT must submit a final invoice identifying the services provided within one month after completion of the scope of service. The parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts.
CITY will make payment within 30 days of receipt of invoice for all undisputed amounts.
(d) Payment at Termination. CITY must submit final payment for all work performed to the date of termination to CONSULTANT within 30 days of the final date of service.
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4. ACTIVITY REVIEW AND COMMENT. CONSULTANT will provide CITY with draft documents under Tasks 4 and 5, in particular, in a timely manner to allow CITY to review prior to presentation to Council or the public. If additional review and/or revision is required by CITY, CITY will conduct reviews in a timely manner.
5. TERM OF AGREEMENT. This Agreement is effective as of the date of execution by both parties and will remain in effect until the applicable grant performance period(s) has ended or the completion of services, whichever is sooner, unless earlier terminated pursuant to Section 6.
6. TERMINATION.
(a) CITY has the right to terminate this Agreement for any reason (including lack of funding) at any time, by serving upon CONSULTANT ten (10) calendar days’ advance written notice of termination. The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to CONSULTANT at the address indicated in Section
11. (b) 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.
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. State approval is required for any Amendments.
8. NONDISCLOSURE OF CONFIDENTIAL INFORMATION. CONSULTANT must not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the Scope of Work 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. CONSULTANT may be excused from this disclosure requirement if the client demands confidentiality, and the work does not present a conflict of interest for CONSULTANT.
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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. Any notices or other communications 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; or (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; or
(c) By certified U.S. mail, return receipt requested: Effective 72 hours after deposit in the mail (except as otherwise provided in Section 6(a)).
CITY: CITY OF CRESCENT CITY
Attn: City Manager
377 J Street
Crescent City, California 95531
Phone: (707) 464-7483
Fax: (707) 465-1719
Email: [email protected]
CONSULTANT: CRANDALL ARAMBULA, PC
Attn: Don Arambula, Principal
2805 Hillsboro Street
Portland, OR 97239
Phone: (503) 417-7879
Email: [email protected]
Either party may change its address for notice purposes by complying with the notice procedures in this Section.
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12. OWNERSHIP OF MATERIALS. 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 copies of 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(b). Any forms, software, and/or services provided and created by the CONSULTANT will remain the property of the CONSULTANT. All documents or work created using these systems will remain the property of CITY. CITY has no rights to any of the CONSULTANT’S intellectual property or an invention that may be a result of work performed by CONSULTANT.
13. DUTIES OF THE CITY. The CITY must provide the CONSULTANT with all program files, records, and information pertinent to services to be performed hereunder. The CITY is responsible for monitoring CONSULTANT for conformity with grant requirements and must promptly notify CONSULTANT of any fault or defect in the performance of CONSULTANT’S services hereunder.
14. BINDING AGREEMENT. This Agreement binds the successors of CITY and CONSULTANT in the same manner as if they were expressly named herein.
15. WAIVER.
(a) Effect of 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. (b) No Implied Waivers. 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.
16. NONDISCRIMINATION.
(a) In General. 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, age (40 and above), familial status (pregnancy or presence of children under 18 in the home), marital status, sexual orientation, denial of family and medical care leave, medical condition (cancer/genetic characteristics), physical or mental disability (including HIV and AIDS), denial of pregnancy disability leave or reasonable accommodation. (b)Compliance With Laws. CONSULTANT must comply with all federal and state antidiscrimination and civil rights laws.
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(c) Posting Requirements. CONSULTANT agrees to 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 in subsection 16(a).
17. INSURANCE.
(a) 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:
Policy Type Minimum Limits of Coverage
(i) Workers' Compensation Per applicable state law
(ii) Employer’s Liability $1,000,000 per accident for BI/Disease (iii) Comprehensive Automobile
ISO Form # CA 0001
$1,000,000 per accident for BI/PD CSL,
Code I – All autos
(iv) Commercial/Comprehensive
General Liability
ISO Form # CG 001 01
$1,000,000 per occurrence for BI/PD,
including products completed, personal
injury and advertising injury
(v) Professional Liability (E&O) $1,000,000 CSL
(b) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by CITY.
(c) Required Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(i) For any claims related to this Project, the CONSULTANT'S insurance coverage will be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers will be in excess of the CONSULTANT'S insurance and will not contribute to it; and
(ii) CITY, its officers, officials, employees and volunteers are to be covered as additional insureds.
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(d) Claims-Made Policies. If any required policy is a claims-made policy, the policy must contain language providing coverage up to six months following the completion of the Project in order to provide insurance coverage for the hold harmless provisions herein.
(e) Verification of Coverage. CONSULTANT must provide copies of all required insurance declarations, at the CITYS discretion, either upon request or prior to commencement of work.
(f) Notice of Cancellation. Each insurance policy required by this Section must be endorsed to state that coverage may not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after giving CITY 30 days' prior written notice (10 days for non-payment of premium) by certified mail, return receipt requested.
(g) Lack of Coverage. In the event 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.
(h) Other Coverages. CONSULTANT must maintain, if legally required, unemployment and disability insurance reasonable to compensate for injuries or damages related to the activities of this Agreement.
18. WORKERS' COMPENSATION.
(a) Covenant to Provide. CONSULTANT warrants that it is aware of the provisions of the California Labor Code that requires every employer to be insured against liability for workers' compensation or to undertake self-insurance 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.
(b) Waiver of Subrogation. CONSULTANT agrees 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.
19. CDBG REQUIRED PROVISIONS. The services to be performed under this Agreement are (or may be) funded by a Community Development Block Grant and subject those contract provisions set forth in Exhibit “D” attached hereto and incorporated herein by this reference.
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20. STATE AND FEDERAL MONITORING. The State of California, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, the Office of the Inspector General, or any of their duly authorized representatives, must be allowed access to any books, documents, papers, and records of CONSULTANT or any subcontractor which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcriptions from such records including, but not limited to, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this Agreement. Such access must be granted at any time during normal business hours and as often as deemed necessary by the requesting party.
21. RUSSIAN SANCTIONS. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in respo0nse to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-RussiaUkraine-Order.pdf. The EO directs all agencies and department that are subject top the Governor’s authority to take certain immediate steps, including notifying all contractors and grantee of hir obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. CONSULTANT must comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S.
Department of the Treasure website: https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-information/ukraine-russia-relatedsanctions).
22. INDEMNIFICATION. CONSULTANT agrees to indemnify, defend and save harmless CITY, its City Council, its officers, agents, employees, and volunteers from any and all claims and losses, whatsoever, accruing or resulting from any and all contractors, subcontractors, and any other person, firm or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation 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 shall be limited to the fees paid by CITY to CONSULTANT for services contemplated by this Agreement. This liability limitation shall not apply to claims made by any third party, nor shall it apply in the event of the willful misconduct or gross negligence of CONSULTANT, its managers, employees or agents.
23.CONFLICT OF INTEREST. CONSULTANT shall 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.
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24. TIME OF THE ESSENCE. CONSULTANT understands and agrees that time is of the essence in the completion of the work and services described in Section 2.
25. SEVERABILITY. If any 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.
26. GOVERNING LAW AND CHOICE OF FORUM. This Agreement will be administered and interpreted under California law as though written by both parties. Any litigation arising from this Agreement must be brought in and the parties consent to the jurisdiction of the Superior Court of Del Norte County.
27.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 may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
28. NO ASSIGNMENT. This Agreement any amendments hereto are not assignable by CONSULANT either voluntarily or by operation of law without the written approval of CITY.
29. AUTHORIZATION TO EXECUTE. 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.
30. COUNTERPARTS. This Agreement with the Exhibits attached may be executed in counterparts, each of which is to be deemed an original but all of which together constitute one in 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 Section 1633.1 et seq. In any action or proceeding, an exact and correct copy may be used in lieu of an original.
[SIGNATURE PAGE TO FOLLOW]
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CRANDALL ARAMBULA, PC
DOWNTOWN SPECIFIC PLAN
SIGNATURE PAGE
Executed by CITY and CONSULTANT on this 16th day of December 2024 at Crescent City, California.
CITY OF CRESCENT CITY:
Eric Wier, City Manager
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
CRANDALL ARAMBULA, PC
Fed I.D. #
By:
Don Arambula, Principal
EXHIBIT A
SCOPE OF WORK
1. PROJECT MANAGEMENT AND COORDINATION
Approach: Crandall Arambula will utilize its extensive experience throughout North America collaboratively managing complex planning efforts. The firm will utilize its award-winning downtown coordination processes where the firm has managed numerous jurisdictions, teams comprised of a variety of disciplines, advisory committees, and diverse stakeholder groups. The firm will ensure that all work task deliverables meet the highest standards of quality and are provided on-time and on-budget. Crandall Arambula understands that the collaboration between the City of Crescent City and our team project manager Don Arambula is essential. To facilitate this collaboration, project management tasks are integrated into each of the tasks throughout the process of the work scope.
1.1 Project Management Team
A Project Management Team (PMT) comprised of the City’s Project Manager, other City technical staff, other project partners, and the Crandall Arambula Project Manager and Project Coordinator will provide overall guidance for the project.
• The PMT will meet at a minimum monthly in person or by teleconference to coordinate logistics of the project and to give feedback to Crandall Arambula on the progress of work scope tasks. PMT meetings are an opportunity to proactively identify potential impacts to project scope, schedule, or budget and to discussion potential measures to resolve issues.
• We shall communicate information to the Crescent City Project Manager, via utilization of available cloud-based document-sharing services, such as SharePoint for iterative review and updating of draft Specific Plan deliverables prior to distribution to stakeholders and public.
1.2 Project Team Coordination and Project Management Plan (PMP) Crandall Arambula will provide a PMP for how the City and the Crandall Arambula Project Manager will coordinate with the project team meetings, regular phone and email check-ins, and other communications to ensure that the Plan stays on schedule and within budget.
Within 14 days of the Notice to Proceed, Crandall Arambula will deliver a PMP that:
• Formalizes how monthly project progress reports and invoices will be submitted. • Establishes a project schedule with key milestones, a contact reporting system, and an issue tracking system.
• Identifies attendance dates for PMT meetings and tentative Technical Working Group meetings and prepared agendas, appropriate presentation materials, and meeting summary formats for all meetings.
➢ Deliverable: PMP Plan Document
1.3 Invoicing and Contracts
Crandall Arambula will provide invoices and quarterly reports based on procedures and expectations established as part of the Project Management Plan. Crandall Arambula shall comply with all grant requirements including the expenditure deadline and reporting requirements.
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• Crandall Arambula will provide monthly invoices to the City. • Quarterly reports will include a summary of project progress and a budget update. ➢ Deliverables: Monthly Invoices and Quarterly Reports.
1.4 Kick-Off Meeting
The Crandall Arambula Project Manager Arambula, Project Coordinator Konkol, and other key team members will attend a kickoff meeting hosted by the City of Crescent City staff. The primary objectives will be to review the scope, schedule, project goals, and key issues. In addition, the PMT will participate in a brief tour of the Downtown Specific Plan area to discuss recently completed or ongoing projects, preliminary site-specific issues, or potential preliminary concepts that have been identified. ➢ Deliverables: Meeting Notes and Materials for Kickoff Meeting.
1.5 Technical Working Group (TWG) Meetings
Crandall Arambula, working with the City’s Project Manager, will form and facilitate a TWG tentatively composed of representatives from the City’s Community Development and Public Works Departments, and potentially representatives from Del Norte County, Caltrans, or other project partners identified by the City.
The Technical Working Group is anticipated to meet key milestones throughout the Study process as identified in the project schedule.
➢ Deliverables: Committee Meeting List, Meeting Materials, Meeting Agenda and Notes
2. COLLECT AND ANALYZE DATA
Approach: Crandall Arambula team members will gather and assess the necessary information to form the technical framework that will form the foundation for the development of the Downtown Specific Plan. Plan area analysis will be informed by:
• The pioneering research, advocacy, and nationally recognized best practices for retail and multifamily land use, complete street walking and biking transportation facility, and park and plaza planning and design.
• Relevant peer city downtown revitalization project examples that Crandall Arambula team members have planned, designed, and implemented over the last 25 years. • The analysis and assessment will be summarized in a series of brief memorandums and PowerPoint slide shows summarized as ‘Opportunities and Constraints’.
2.1 Literature Review.
The City of Crescent City staff shall provide Crandall Arambula team members with hard copy or electronic links to all documents, studies, development plans, market studies, transportation studies, master plans, or other relevant planning materials created for the Downtown Plan area over the last 10 years. At a minimum, Crandall Arambula team members shall review the countywide Comprehensive Economic Development Strategy (CEDS), Crescent City Economic Development Strategic Action Plan (EDSAP), General Plan Land Use Map, and Housing Element.
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➢ Deliverables: Crandall Arambula team members shall provide a brief memorandum of all reviewed documents. Findings will be presented to the committee meetings. All information will be provided for online review by the public.
2.2 Base Mapping.
Crandall Arambula shall create a Plan area map(s) suitable for all project work tasks. The City of Crescent City shall provide Crandall Arambula with all necessary GIS, AutoCAD, aerial photographs, or other mapping source materials.
• Upon project selection, Crandall Arambula’s graphic staff shall coordinate with Crescent City staff to identify necessary required mapping layers, e.g., building footprints, curb lines, and methods of delivery to the consultant team.
• Mapping information may be updated using field observation and measurements gathered throughout the planning process.
➢ Deliverables: Base maps that are suitable for printed or electronic documents, meeting boards, and displays.
2.3 Property and Business Owner Survey
Early in the planning process, Crandall Arambula will prepare electronic and printed surveys for distribution by city staff to Downtown business owners and managers. The survey should include a clear statement of intent and how information will be utilized to drive an economic development revitalization strategy. The survey may include confidential information that can be utilized for the development of Task 2.4 Business Inventory that will not be shared with the general public unless approved by business owners, including:
• Lease rates, lease timelines, employee type and number, and other similar information from businesses, commercial brokers, or City or Del Norte County sources. • Building and site utilization information including floor area square footage and the number of parking spaces provided by County Assessors or building owners. • Expansion plans, relocation plans, or other physical designs approved or pending. • Solicitation of all ‘needs’ to improve business conditions such as additional off-street parking, improved internet telecommunications, improved sidewalks for outdoor dining, nearby employee affordable housing, or other issues.
• Suggestions for events, festivals, or other major or ongoing activities to draw customers to Downtown. • Interest in business support services such as ambassadors, clean and safe maintenance programs, and the owner’s willingness to provide any money to pay for these services. ➢ Deliverables: Crandall Arambula will compile and summarize the results of a survey of business owners in a brief memorandum and PowerPoint slide show.
2.4 Retail Market Analysis and Business Inventory.
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Johnson Economics shall identify and provide a short-term (1-5 years) and long-term (more than 5 years) assessment of potential market segments that might be strengthened or provided to fill gaps of unmet local or regional demand, including:
• Identification of the types of Downtown retail, entertainment, specialty retail, or similar use gaps and niches that potentially could prosper in the downtown, should the ‘business environment’ be improved through financial incentives, streetscape improvements, façade improvement programs, or other catalytic implementation strategies. A range of potential building square footage shall be estimated.
• Collaborate with Crandall Arambula to provide an inventory of Downtown existing retail use type, site area, and building area, and assess the condition (vacant, underutilized, occupied) of business. • Assess current Downtown retail lease rates and position of competitiveness with comparable local Del Norte County and other regional retail centers, main streets, and downtowns.
2.5 Commercial Market Analysis.
Johnson Economics shall analyze employment and service market and demographic conditions, including utilization of all existing market analysis and data prepared for countywide CEDS, EDSAP, along with other market analysis sources. The market assessment shall at a minimum:
• Identification of the types of Downtown employment use gaps and niches that potentially could prosper in the downtown should investment conditions be improved. A range of potential building square footage shall be estimated.
• Collaborate with Crandall Arambula to provide an inventory of Downtown employment and service use types, site area, building area, and condition (vacant, underutilized, occupied) of business.
2.6 Housing Market and Gap Analysis.
Johnson Economics will prepare a downtown-wide assessment of existing housing types and identify gaps.
LEG will identify where the supply and demand of the market rate and affordable housing opportunities are not balanced, based on future growth and demographic trends. The analysis will include:
Types and amounts. All general occupancy and age-restricted (i.e. senior) housing projects in the Downtown, including any subsidized, affordable, and market-rate units. • ‘In the Pipeline’. Inventory any developments under construction, pending, or in the planning phases and assess their impact on the market.
• Other information. Provide any other information that may inform housing decisions. ➢ Summary of Deliverables: Detailed memorandum and PowerPoint presentation suitable for presentation to committees and the community.
2.7 Land Use and Regulation Assessment.
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Crandall Arambula and team member Planwest will assess and identify existing land uses, site conditions, and potential constraints and opportunities for retail, employment, civic uses, and residential development within the project area, including:
• Regulatory Evaluation. Review existing General Plan policies, Zoning Ordinance FAR, densities, permitted uses, parking requirements, site and building development standards, and design guidelines for all areas within the project area that support or deter implementation of the Downtown revitalization vision.
• Existing Condition Assessment. Map ‘anchor’ individual or cluster of uses such as grocery stores, hardware stores, or downtown frequently visited uses, nodes of multi-family housing, amenities, and key destinations for year-round use such as the Beachfront Park that can be strengthened or built upon.
• Incompatibility. Identify nuisance uses that detract or are inconsistent with a walkable and bikeable downtown. Inactive uses or uses that impact the creation of an ’18-hour’ active downtown environment such as industrial uses that create noise, traffic, or odors that deter residents and visitors from downtown use.
• Character. Identify unique, special, or quirky uses that distinguish Downtown Cresent City’s identity and should be featured as assets.
➢ Deliverables: Detailed memorandum and PowerPoint presentation suitable for presentation to committees and the community.
2.8 Mobility/Active Transportation Analysis and Assessment.
Crandall Arambula team members will provide analysis, mapping, and documentation of mobility/activity of primary and secondary connections through the Downtown planning area for all modes including, regional and local truck and automobile, pedestrian, and bicyclist routes through Downtown and to Downtown businesses and residences. This task shall include an analysis of current conditions and potential future travel behavior of those who are using corridors, especially those who walk and bike within the Downtown today or choose not to walk or bike because they do not feel safe.
Traffic Counts & Forecasts. Crandall Arambula shall review all existing traffic data collected by the City for the General Plan Transportation Element and other City, Del Norte County, Caltrans plans, or other sources.
No additional traffic analysis or modeling shall be provided. The data shall be used to:
• Determine where ‘bottlenecks’ — congestion or delays occur by assessing existing AM and PM peak period vehicle, pedestrian, and bicycle volume and operations at key signalized intersections.
Understand how existing and forecasted traffic volume impacts the livability (e.g., noise, air quality, and pedestrian safety) and economic viability (e.g., necessary drive-by storefront visibility) of motor vehicles that use H Street, Third, Fifth, the Highway 101 couplet, and other key streets. • Understand which surrounding ‘cut through’ routes provide parallel alternative street connections through the district and the volume of traffic along these routes. • Understand where potential land use changes may negatively or positively impact roadway traffic volume and in turn residential livability and economic development opportunities of new uses along retail ‘main streets’ and parallel neighborhood routes.
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Complete Streets Analysis. Crandall Arambula and team member Green Works will provide an assessment of the walking, biking, and bus transit street network. The analysis shall be based upon Crandall Arambula’s proven best practice complete street criteria for assessing walking and bicycle facilities for all users regardless of age or physical condition. It will include as necessary, a field survey and mapping of key existing conditions, designed, and funded improvements, including:
• Review of existing collision data. Crandall Arambula team member Planwest will map and analyze the most recently available collision data set obtained from the City or other traffic reporting source. • Inventory. Team member Green Works will conduct field observations, take aerial photographs, and use other methods to assess and map the current and planned pedestrian sidewalks and bicycle routes along key routes to determine whether the sidewalk widths, crosswalk locations, and bicycle lanes or trails provide safe, direct, and convenient access through Downtown to important destinations for pedestrians and cyclists.
• Identify opportunities and constraints to provide alternative routes, fill gaps, or improve or better utilize existing facilities.
Parking Analysis and Assessment. Crandall Arambula will provide a high-level analysis of the supply and demand of existing on- and off-street downtown parking serving the Downtown commercial blocks. The assessment shall include:
• Regulatory review of existing parking requirements for off-street parking. • Review of Business Survey, parking supply, and usage data provided by business owners. • Summary of parking inventory versus parking demand generated within the Downtown commercial area by business activity.
• Mapping of location, inventory, and utilization of existing on-street and off-street parking. • Crandall Arambula will identify ‘hotspots’ of parking demand, a range of potential parking sites that are within close walking distance to storefronts and are easily accessible from commercial and retail destinations for motorists, and a host of parking management issues and opportunities that will inform downtown parking concepts.
➢ Deliverables: Detailed memorandum, PowerPoint presentation suitable for presentation to committees and the community.
3. PUBLIC OUTREACH/VISIONING:
Approach: Crandall Arambula will work with the City to provide an inclusive and meaningful public outreach and engagement process and will provide:
• Traditional Outreach— at key project milestones, the firm will provide outreach and conduct all inperson meetings. The firm will provide any necessary project outreach collateral materials such as meeting announcements, project information sheets, or other promotional materials suitable for distribution by the city. If needed, Crandall Arambula can provide outreach materials translated into Spanish or other languages as an additional service.
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• Non-traditional Outreach— We will emphasize ‘going to’ the public rather than having them ‘come to us’ in as many engagement opportunities as the project budget allows. The firm will provide approaches that are consistent with all City Diversity, Equity, and Inclusivity policies. At a minimum, Crandall Arambula will conduct virtual meetings to supplement traditional in-person engagement.
For each engagement session, Crandall Arambula shall provide:
• Facilitation— we will organize and conduct all meetings and workshops to ensure that we gain a clear understanding of stakeholders and the general public’s views and integrate that feedback into the Specific Plan concepts and redevelopment strategies. Regular, informed involvement helps stakeholders and the public have a complete understanding of the project and will keep the project moving forward.
• Multi-media Presentations— for all engagement sessions, the firm will use the appropriate visual aids such as PowerPoint presentations, pictures, maps, diagrams, charts, and graphic display boards.
Presentations will be cogent, entertaining, and free of planning jargon. Presentations will be audio recorded and available for uploading to project websites. • Education— the firm will provide stakeholders, the general public, and elected official ‘decisionmakers’ with the necessary ‘tools’ for making informed and educated choices. The tools will include summaries of analysis of essential planning transportation/ walkability, stormwater, business inventory, parking, and other background assessments; Downtown-applicable best practice examples in land use, urban design, active transportation, economic development planning; and any other relevant greater Crescent City and region-specific information or analysis. • Measurable Results— at each engagement session, the firm will gather and record feedback using ‘response sheet’ polls to ensure that all stakeholders and citizens—not just the most vocal meeting attendees—are heard. We will summarize and report back to the community how the information will or will not be used to shape the sub-area plan. Adhering to this proven process ensures that the plan is supported by the community and is politically defensible.
3.1 Steering Committee Meetings.
Crandall Arambula will meet with the City-appointed Steering Committee (SC) members at key project milestones (up to 6 meetings). The Steering Committee should be comprised of key property owners, business owners, residents, planning and public works staff, planning commission, advocacy group representatives at a minimum. Crandall Arambula will provide agendas, meeting preparation materials (text and graphics), PowerPoint presentations and facilitate roundtable discussions for all meetings. 1-1/2 hour-long in-person meetings or meetings conducted virtually. We shall seek feedback and input concerning:
• Project’s goals, objectives, deliverables, schedule, and their project role and responsibilities • Downtown vision, key issues, concerns, and desired outcomes for the project • Existing conditions technical analysis
• Alternative public realm and architectural concept drawings • Implementation strategies
• Draft Downtown Specific Plan document
➢ Deliverables: Printed and electronic meeting agendas and meeting text, graphics, and diagrams.
PowerPoint presentations. Summary memoranda.
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3.2 Stakeholder Meetings.
Crandall Arambula and team members will facilitate Stakeholder Meetings at key milestones of the project.
Meetings will provide stakeholders with the opportunity to provide input in a confidential and candid environment. Multiple in-person or virtual one-on-one or focus group sessions (lasting no more than a halfhour each) should include, but are not limited to:
• Elected and appointed city officials who will provide Plan approval. • Business owners and managers, property owners, and employees which planning concepts may affect.
• Key citizens, neighborhood representatives, school representatives, affordable housing, environmental, or other advocacy group leaders who represent the greater community interests. • Key commercial and affordable housing developers, commercial and residential realtors, architects, planners, and professional business association groups with knowledge and interest in Downtown Crescent City’s economic success.
• Key Crescent City, Del Norte County, California state, Federal or other government staff members who will be responsible for the implementation of Specific Plan recommendations. ➢ Deliverables: Printed and electronic meeting agendas and meeting text, graphics, and diagrams.
PowerPoint presentations. Summary memoranda.
3.3 Community Workshops and Open Houses.
Crandall Arambula will facilitate four 1-1/2 hour-long in-person community meetings at key milestones of the planning process (see schedule) to gather feedback from the general public on project work scope tasks. Each workshop shall include a PowerPoint presentation of meeting agenda items followed by ‘break-out’ table discussions. Handout materials may include educational and background information, summary or concept descriptive maps, illustrative graphics, and text and tables. Feedback will be gathered through ballots, questionnaires, mapping exercises and recorded ‘flip chart’ and verbal testimony. All materials will formatted for online websites or electronic distribution for those who cannot attend in-person meetings. • Visioning Community Workshop. The workshop is intended to establish an overarching Vision Statement and identify goals and objectives that will drive the planning process. Community input will be informed by Task 2 technical analysis along with a draft of any existing vision elements, goals, and objectives for the Downtown as described in the General Plan other policy and regulatory documents, Task 3.2 stakeholder feedback, and Task 2.3 Property and Business Owner Survey results. • Alternative Concept Drawings Workshop. The workshop is intended to gather feedback on the Task
4.1 Alternative Concept Drawings. Meeting attendees will be provided educational ‘best practice’ downtown land use and mobility/active transportation planning examples and criteria, along with technical analysis data to enable informed decisions. Alternative will assessed qualitatively as to how well each addresses the project’s Vision, goals, and objectives. • Final Concept Drawings Open House. The Open House is intended to gather feedback on preferred concept drawings and implementation actions. Part one of the meeting will include a PowerPoint
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presentation of preferred concepts and a draft implementation strategy. Part two will include ‘Stations’ display boards facilitated by team members where community members can provide written and verbal feedback.
• Public Review Draft Specific Plan Document Open House. Community members will provide an opportunity to provide feedback on all chapters of the Specific Plan prior to adoption hearings by the Planning Commission and City Council. ‘Stations’ display boards facilitated by team members Feedback where community feedback will be recorded. Open House results and how the feedback was incorporated into a Final Draft Specific Plan will be presented to appointed and elected officials. ➢ Deliverables: Printed and electronic meeting agendas and meeting text, graphics, and diagrams.
PowerPoint presentations. Summary memoranda.
3. DEVELOP CONCEPT DRAWINGS
Approach: The SC, stakeholders, and the public, along with appointed and elected officials, will actively review, comment and assess concepts. To assess work products, we will provide decision-makers with the necessary ‘tools’ for making informed decisions. The primary tool for evaluation will be the Downtown vision, analysis of meaningful Downtown Crescent City-specific background information, technical analysis, and Crandall Arambula’s ‘Revitalization Series’ resources for best practices for urban design and active transportation planning.
Public Realm Placemaking. While we will provide a comprehensive public realm plan of the entire Downtown Specific Plan area, we shall provide an emphasis on the ‘placemaking’ of key street corridors, open spaces, and development sites that serve the ‘heart’ of the Downtown. To create a place of civic pride and environment that draws developer interest, the design concepts must:
• Be real. Enhancement of streetscapes, open spaces, and buildings must be authentic. We shall create concepts that build upon, strengthen, and possibly recreate elements of Downtown Crescent City that were present prior to the 1964 flood rather than importing themes, concepts, materials, and styles from elsewhere.
• Emphasize active transportation safety and ’18-hour’ activity. The team shall design Downtown as a pedestrian and bicycle-oriented district that recalibrates and balances the needs of pedestrians, bicyclists, and motor vehicles. We shall ensure that active transportation routes are direct, convenient, and have minimal conflicts with cars and trucks. The design will ensure that there is activity during all business hours of the day and throughout all four seasons of the year. • Be equitable. The team will ensure that design elements create an environment that is welcoming for all people regardless of age, physical condition, economic or social standing, or ethnicity. Moreover, the public realm will be designed for the needs of the most vulnerable— children and the elderly in mind.
• Be durable and long-lasting. Design concepts will incorporate materials, design, and construction techniques that ensure that maintenance and possible replacement costs are minimized. • Retail Revitalization. The foundation of all successful downtowns is a thriving retail environment that serves visitors/tourists and Crescent City residents and employees. Downtown Crescent City retail development must address changes in consumer preferences and competition from online and big box retailers like Amazon and Walmart. To compete with or provide a complementary retail niche requires disciplined adherence to an infill/redevelopment land use framework and building design
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concepts based upon proven downtown retail revitalization strategies that we have provided for dozens of downtowns (similar to Downtown Crescent City) which have resulted in billions of dollars of new investment, improved livability, preservation of historic character, and establishment of a source of community pride. While we avoid formulaic ‘one-size-fits-all’ solutions, we shall utilize our ‘recipe’ of fundamental, time-tested retail revitalization urban design and land planning requirements as part of this planning process, including:
• Essential Retail Concepts. Crandall Arambula shall maintain and strengthen existing Downtown retail by identifying one or two retail streets (e.g. H Street and Third Street) as the organizing commercial spine of the Downtown. We will provide a design framework in which daily and weekly visited retail shops and specialty stores are located along corridors with new streetscape ambiance.
Along these corridors, we will identify locations for new infill buildings and redevelopment or improvements of existing structures to meet any additional market demand. • Experiential Retail Concepts. Crandall Arambula shall provide a framework for filling latent demand or creating new market niches for unique retail experiences not found elsewhere in Del Norte County.
We will build upon current dining and entertainment uses (e.g., SeaQuake Brewing) to develop clusters of unique and complementary uses that draw consumers as a regional destination. • Start-Up Business Recruitment. Concepts for attracting local entrepreneurs will be developed that capitalize upon Downtown’s existing underutilized or vacant building stock that could be used by emerging small businesses looking for main street ambiance. Because the cost of upgrading commercial and retail space in this area might be higher than creating new space in other areas and may discourage development, we will identify ways to make Downtown more competitive and attractive for investment. This might include providing incentives such as storefront improvement grants, development fee waivers, or other financing strategies to reduce up-front costs.
Affordable and Market Rate Housing Preservation and Development. Coupled with strategic infrastructure improvements in complete streets, open spaces, and revitalized retail corridor(s), we believe that we can create an ‘investment environment’ that draws sustained and long-term private sector development of both affordable and market-rate housing. Crandall Arambula will create an infill and redevelopment framework for a ‘mixed income’ Downtown housing district where:
• Displacement and gentrification are discouraged. We will provide policies and strategies for the preservation of existing Downtown residences an integral component of the district’s unique identity. • Significant new housing stock is provided. Sites will be identified, infill concepts for a diverse array of housing types and residential densities will be created, and an implementation strategy will be developed for their delivery.
• Development Barriers are Removed. We will provide recommendations to improve, remove, or reduce regulations and policies that unintentionally restrict or discourage housing development.
Moreover, we identify methods to streamline review and approval processes for housing development.
• The City ‘Primes the Pump’. Identify potential sites for possible public acquisition or Public Private Partnerships (PPP) for multi-family or mixed-use multi-family housing investment. We will provide conceptual sites and building concepts that can be used as a basis for preparing RFPs, and assist with the selection of developers, if necessary.
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4.1 Public Realm— Streetscape, Park, and Plaza Design Concept Drawings.
The team will lead the community in the development of concepts that will improve the livability, aesthetic character, safety, and comfort of residents, employees, and visitors and provide new opportunities for civic engagement, rest, and relaxation. Moreover, public realm design concepts will provide safe, direct, and convenient active transportation access to destinations throughout the Downtown and include routes that link to existing (e.g., Beachfront Park) and planned open space and multi-modal transportation improvements (e.g., Front Street and Transit Station). Crandall Arambula and team member Green Works shall collaborate to provide:
Alternatives. A minimum of three ‘sketch-level’ concepts will be provided that describe a range of design scenarios. Illustrated plans, sketches, and diagrams that describe the network of roadway, pedestrian, and bicycle facilities and open spaces for the Downtown planning area will include:
• Transit concepts— Adjustments to or alternative concepts for existing and planned bus transit facilities will be explored. Alternatives may be provided for transit routes, and station facility adjustments to better support transit-oriented development sites or improve transit access to/from existing key rider destinations.
• Bicycle facility concepts— Protected bikeway and/or bike lane concepts that complete the bicycle network within Downtown and connect it to adjacent neighborhoods will be developed. Concepts for Downtown bicycle infrastructure will be explored including on-street bike parking ‘corrals’, storefront bike stations, or potential bike share hubs.
• Pedestrian facility concepts— Concepts will ensure that the pedestrian is prioritized over all modes.
Pedestrian routes and necessary streetscape or mid-block ‘paseos, or other enhancements needed to create safer, more inviting sidewalks, trails, and crosswalks along key corridors will be explored. • Park and Plaza Concepts.
Final Design Concept Drawings shall describe up to three priority project(s) at a preliminary (ten percent) concept paving, street furniture, lighting, and landscaping design level, including concepts for wayfinding signage. Preliminary concept-level cost estimates will be provided. • Final Graphics. Greenworks shall provide 3-D illustrations and photo-realist simulations, illustrative plans, diagrams, and other graphic tools to describe the concepts at buildout. The graphics shall be created in SketchUp, Adobe Photoshop and Illustrator. All materials shall be suitable for both electronic and printed formats necessary for use as part of grant application submittals. • Next Steps. Specific design elements may need additional feasibility analysis, design, and engineering to ensure recommendations can be constructed while meeting local and state standards and potential permitting requirements. Recommendations will be provided for any additional traffic analysis, above and below-grade utility design, stormwater planning, and right-of-way acquisition necessary to advance design concepts into final design and contract documents following the adoption of the Specific Plan. In addition, any possible phasing shall be identified. • Public Realm Design Standards and Guidelines. Universal Public Realm standards and/or guidelines shall be provided for uniform design requirements for incremental public rights-of-way improvements (between property lines to curblines) that are required to be made for all private or public development sites that front a Downtown public realm. The standards and guidelines will
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address sidewalks and curb design materials and details, landscaping planting material lists, street furniture details, and lighting fixture and pole details including any requirements for banners or hanging landscaping baskets. The standards and guidelines may include or modify any existing standards or guidelines of the Crescent City Public Works Department or Caltrans. Standards may be provided for multi-modal improvements within the roadway including bicycle facilities (e.g., bicycle parking corrals), or permanent or temporary use of parking lanes (e.g., outdoor café seating).
Recommendations for administering the guidelines will be provided, including application forms, design review checklists, or other tools to be used by both City staff and applicants. ➢ Deliverables. Concept descriptive text, rich illustrative plan and 3-D perspective graphics, and PowerPoint presentations suitable and grant applications. Design standards text and graphics to be incorporated into the Specific Plan document.
4.2 Architectural— Multifamily Residential, Commercial, and Public Facility Concept Drawings.
At a minimum, the concepts shall respond to market analysis forecasts for potential land uses. Architectural form, massing, and use concepts shall be developed to illustrate how and where to fill the gaps of missing essential uses and services for existing and future residents and draw visitors and tourists into the downtown.
Architectural concepts will contribute to the livability and safety of Downtown by creating an ’18-hour active environment’ of pedestrian-oriented activity throughout all months of the year downtown. Moreover, the Concepts will complement Public Realm Concepts and support, strengthen, and build upon existing and planned Downtown improvements including the Beachfront Park, Front Street, Transit Center, Gateways, and other recent public realm improvements. Crandall Arambula shall provide:
Alternatives. A minimum of three ‘sketch-level’ architectural land use concepts will be provided that describe a range of design scenarios for presentation, review, and selection by City staff, SC, property owners, stakeholders, the community, and appointed and elected officials. These concepts will include differences in types or presence of uses, densities, FARs, heights, or other significant variables. Illustrated plans, sketches, and diagrams will be employed that describe land use concepts including:
• Downtown Housing alternatives that include a range of mixed-use, high density, market-rate and affordable housing
• Downtown Employment locations for new or enhanced existing clusters (including office space, live/work units, etc.)
• ‘Main Street’ Retail and Commercial corridors that complement and enhance existing conditions or capitalize on new opportunities. In particular, sites for ‘anchor’ retail uses or clusters such as those identified in the market analysis
• Downtown Parking concepts that address existing uses and provide an adequate supply for new development while fostering an increased active transportation mode split • Arts, Cultural, Educational, Civic, and other key use enhancements The concepts shall include a:
• ‘Business-as- Usual market trend scenario’ that describes development if no public realm improvements are made
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• ‘Induced Market’ scenario(s)’ that describe more robust development as a result of an improved ‘investment environment’ should public realm improvements in streetscapes, parks, and plazas be built.
After an alternative(s) is selected, the preferred concepts will be refined, reviewed again, and finalized. • Final Design Concept Drawings. Crandall Arambula shall provide drawings that describe infill, redevelopment, or modifications to existing buildings, including conceptual diagrams, plans, sections, elevations, and 3-D massing models. Concepts shall describe the amount of private development at a five-year and buildout timeframe. The final design shall include text, summary tables, and other information to describe the development. • Final Graphics. Crandall Arambula shall provide 3-D photo-realistic simulations, illustrative plans, and other graphic tools to describe the ‘before and after’ character at buildout. The graphics shall be created in SketchUp, Adobe Photoshop and Illustrator. All materials shall be suitable for both electronic and printed formats necessary for use as part of grant application submittals. • Regulatory Changes. Crandall Arambula and Planwest will provide recommendations as part of any zoning changes that will be identified. Regulatory changes may include site development standards, building standards, parking standards, and permitted uses. Recommendations may be provided to streamline development and design review approval and entitlement processes. • Façade Improvement Program. Crandall Arambula shall provide design guidelines for commercial building façade improvements, for at a minimum first floor elevations of existing building frontages along key streets and public spaces. The guidelines will be consistent with local and historically appropriate architectural vernacular building forms and styles of Crescent City and other similar Northwest Coastal downtowns. The standards and guidelines will include illustrations, material lists, and photographic examples as necessary to describe permitted and prohibited façade cladding materials, windows, doors, lighting, canopies and awnings, bays, balconies, and signage at a minimum. Recommendations for administering the guidelines will be provided, including application forms, design review checklists, or other tools to be used by both City staff and applicants. • Architectural Design Standards and Guidelines. Crandall Arambula shall provide both descriptive and prescriptive standards and guidelines for Downtown retail, commercial, and multifamily land uses. The guidelines will include a range of Crescent City and Pacific Northwest Coast-appropriate architectural styles. The standards and guidelines shall include building permitted and prohibited façade materials, form, massing, articulation, and fenestration requirements at a minimum.
Standards for multifamily residential shall be objective and shall be consistent with any statemandated policy and code requirements of the California Housing and Community Development (HCD) Department or other California state agency. No changes to California or the International Building Code (IBC) that regulate construction shall be made. ➢ Deliverables. Concept descriptive text, rich illustrative plan and 3-Dperspective graphics, and PowerPoint presentations suitable and grant applications. Design standards text and graphics to be incorporated into the Specific Plan document.
5. DRAFT, EDIT, REVISE, AND FINALIZE THE CRESCENT CITY DOWNTOWN SPECIFIC PLAN Approach: Bold yet realistic vision. We will address the Downtown’s strengths, weaknesses, opportunities, and threats to ensure that Downtown regains its historic status as not only the symbolic but functional ‘heart’ of the Crescent City and Del Norte County as the primary destination to live, work, and play.
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• Establish A Mobility-Oriented Downtown. The Downtown Specific Plan will provide a transportation strategy to maximize future Downtown transit, bicycle, and pedestrian infrastructure improvements thereby shifting auto trips to alternative transportation modes. This priority, coupled with a desire to make a more walkable can be accomplished by establishing Downtown as a ‘Mobility Oriented District’ (MOD). By linking the Downtown to the surrounding neighborhoods that are within a fiveminute/one-mile area with complete streets, people will be able to walk, bike, or take transit for dayto-day shopping and work trips as a viable alternative to driving an automobile. • Graphics. An emphasis on graphic communication, in addition to jargon-free written words will be emphasized by the Crandall Arambula team. All graphics will be created with the layperson in mind.
High-quality, easy-to-understand graphics will be used to visualize future conditions throughout the document.
i. Before and After. We will illustrate existing, phased, and final build-out massing and character. Crandall Arambula will employ a three-dimensional electronic Downtown massing model to effectively describe concepts along with hand-drawn or computergenerated sketches and photographic examples. ii. Realistic depictions. The team will include photorealistic illustrative graphic perspectives and plans.
iii. Usable Products. All graphics will be transferable between PowerPoint slide shows, websites, or the published Specific Plan document.
• Implementation Emphasis. The Downtown Specific Plan will not sit on a shelf gathering dust. The finish line of the planning process is not the Specific Plan document itself, rather it is the built environment that it proposes. By concentrating on implementation from ‘day one’ of project initiation, we guarantee that significant positive change will occur within five years of Plan adoption.
5.1 Implementation Strategy ‘Action Plan’
The Implementation Strategy Action Plan’ shall include all the necessary tasks for staff and elected officials to implement to ensure Specific Plan change occurs over the next 5 years. • Catalyst and Priority Projects. A shortlist of no more than 5 projects that can establish sustained and significant early development momentum and generate an increased tax base shall be identified.
Recommendations shall include public realm active transportation improvements, streetscape, public parking, public plaza or park improvements, and any associated infill development publicprivate partnership projects. Crandall Arambula shall include summaries of project elements, costs, responsibilities, and timelines.
• Financing Recommendations. The firm shall identify potential funding sources, strategies, and grant opportunities. Some funding strategies may include private revitalization incentives or public programs such as storefront improvement grants, and loans. • Next Steps. Should the City acquire key sites for infill/redevelopment or other sites, Crandall Arambula will identify key next steps such as preparation of developer offering RFQ/RFPs.
5.2 Documentation.
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Crandall Arambula will provide an adoption-ready Specific Plan document. The Plan will include an Executive Summary, Land Use, Mobility, and Implementation chapters, and an Appendix which will include electronic links to background data, meeting summaries, and other process materials. • Draft Specific Plan. An electronic and limited number of printed copies of the Specific Plan document shall be provided to Crescent City’s project manager for distribution to city staff, the SC, key stakeholders, the Planning Commission, and City Council members. • Review Draft Specific Plan. The city should assemble all comments and deliver a single copy of the revisions to the Crandall Arambula team. Following review, Crandall Arambula will make changes to the document.
• Public Review Draft. An updated draft shall be released for public comment. • Specific Plan Finalization and Close-out. After all feedback is gathered from the public, Planning Commission and City Council, all text, tables, diagrams, and graphics will be updated and finalized.
Crandall Arambula shall provide an electronic file(s) of all planning process background material, public outreach, technical analysis, draft and final concept memoranda, and final document text and links to all tables, diagrams, and graphics as the final deliverable. ➢ Deliverables. Draft, Public Review, and Final Specific Plans including jargon-free descriptive text, rich illustrative plans, diagrams, tables, infographics, and 3-D perspective illustrations. PowerPoint presentations suitable for committee and stakeholder review.
6. PRESENT DOWNTOWN SPECIFIC PLAN TO CITY COUNCIL
Approach: We will facilitate or assist staff to provide in-person or virtual presentations. Crandall Arambula shall ensure that City Councilors receive information about the Plan process, content, and stakeholder and community input at key milestones throughout the planning process. We shall report back what input was received and how it was used to shape the Plan. We shall seek their input and incorporate it into the planning process and draft and final products.
6.1 Presentation 1. Initial Findings.
We shall provide a PowerPoint summary presentation of Task 3 Vision and Outreach and Task 2 Collect and Analyze Data information and results of feedback from outreach and engagement activities. We will provide a meeting packet of Summary Memoranda, graphics, and results of questionnaires and polls. We will seek and incorporate input from Councilors.
6.2 Presentation 2. Vision and Concept Drawings.
We shall provide a PowerPoint summary presentation of Task 4 Develop Concept Drawings information and results of feedback from outreach and engagement activities. We will provide a meeting packet of Summary Memoranda, graphics, and results of questionnaires and polls. We will seek, record, and incorporate input from Councilors.
6.3 Presentation 3. Final Plan Adoption.
We will deliver a PowerPoint presentation summarizing Task 5: Draft, Edit, Revise, and Adopt the Final Downtown Crescent City Specific Plan. This presentation will include the contents of the plan, which reflect feedback gathered from outreach and engagement activities related to the Public Review Draft. Additionally, we will provide a meeting packet containing the Final Draft Plan, relevant graphics for potential grant
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applications, proposed funding strategies, key next steps, and the Council’s role in the process. We will also document and incorporate input from Council members into the Final Adopted Plan. ➢ Deliverables. Meeting materials and presentations for staff reports, including PowerPoint presentations, background data and graphics. Materials will be provided a minimum of 1 week prior to Council Meetings for review and input. Summary memoranda of each of the three meetings will be provided.
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PROJECT SCHEDULE
THE FOLLOWING IS A TENTATIVE 12-MONTH SCHEDULE FOR THE PROJECT:
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EXHIBIT C
CITY OF CRESCENT CITY - CONTRACT FOR SERVICES
29 COMPENSATION
The total not-to-exceed compensation to be paid to CONSULTANT under this Agreement is $280,000.00, inclusive of all reimbursable costs and fees.
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Department of Housing and Community Development
Required Contract Language
For this Exhibit, the term “Contractor” is the same as the “CONSULTANT” identified in the attached agreement. The term “contract” is the Professional Services Agreement between the City of Crescent City and the cont. The following provisions are incorporated into the contract.
FEDERAL TERMS AND CONDITIONS:
During the performance of the Contract, Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:
AFFIRMATIVE ACTION:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and womenowned and operated businesses encouraged to apply.
NON-DISCRIMINATION CLAUSE:
During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
EQUAL OPPORTUNITY:
During the performance of this Contract, Contractor agrees as follows:
1. Contractor must comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
2. Contractor must not discriminate against any employee or applicant for employment because
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of race, color, religion, sex, or national origin. Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
3. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
4. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
8. Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any
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PROFESSIONAL SERVICES AGREEMENT PG. 32
preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
10. Whenever Contractor or a subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.
11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
12. Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
CONFLICT OF INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF CONTRACTORS, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS:
Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.
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PROFESSIONAL SERVICES AGREEMENT PG. 33
DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e):
Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.
Affirmative steps shall include:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;
5. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874):
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS:
Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.
REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:
All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City.
REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract.
AUDIT, RETENTION AND INSPECTION OF RECORDS:
Contractor agrees that the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide any relevant information requested and shall permit the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining
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compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, Contractor shall release and deliver to the City all original records and related documentation.
BUILD AMERICA, BUY AMERICA ACT:
The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ROBIN ALTMAN, CITY CLERK/ADMINISTRATIVE ANALYST
DATE: DECEMBER 16, 2025
SUBJECT: 2025 CITY COUNCIL REGULAR MEETING CALENDAR
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2024-103, A Resolution of the City Council of the City of Crescent City Adopting the 2025 City Council Regular Meeting Calendar
BACKGROUND / ANALYSIS
Annually during the month of December, the City Council reviews the meeting dates set for the following year. It is during this review that the Council may use its discretion in choosing to cancel certain meetings or to propose a new one. Typically, the City Council meets on the first and third Mondays of the month. However, Monday holidays during the months of January and February require that the Council meet on alternate days.
Because the first Monday (Jan. 6th) closely follows the holiday, staff recommends having one meeting in January on Monday the 13th. The second meeting in February is proposed to be on a Tuesday due to Monday being a holiday (MLK Day). And the first Monday in September is always Labor Day, so staff suggested the following Tuesday that month as well. The remainder of the regular meetings are scheduled for the 1st and 3 rd Mondays of
each month.
The City Council will also have several special meetings throughout the year. Those meetings, however, do not have to be specially designated and will be scheduled as needed.
ATTACHMENT
1. Resolution No. 2024-103
CITY OF CRESCENT CITY RESOLUTION NO. 2024-103 Page 1
RESOLUTION NO. 2024-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING THE 2025 CITY COUNCIL REGULAR MEETING CALENDAR WHEREAS, the City of Crescent City is a general law city incorporated under the laws of the State of California in 1854; and
WHEREAS, Government Code Section 36805 requires that the City Council meet at least once per month at times set by Council resolution or ordinance; and WHEREAS, Crescent City Municipal Code Section 2.02.020 states that the time and location of regularly scheduled meetings is to be set by resolution; and WHEREAS, the City traditionally meets on the first and third Monday of each month; and WHEREAS, various holidays and other considerations make it prudent for the City Council to move several regular meeting to dates other than the first and third Mondays of the month.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY, CALIFORNIA AS FOLLOWS:
1. That the 2025 City Council Regular Meeting Schedule attached hereto as “Exhibit A” is hereby approved and adopted.
2. That any previously adopted City Council resolution that conflicts herewith is hereby superseded by the provision of this Resolution.
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 16th day of December 2024 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
2025 CITY COUNCIL REGULAR MEETING CALENDAR
JANUARY
Mon. 13th: Council meeting
FEBRUARY
Mon. 3rd: Council meeting
Tues. 18th: Council meeting
MARCH
Mon. 3rd: Council meeting
Mon. 17th: Council meeting
APRIL
Mon. 7th: Council meeting
Mon. 21st: Council meeting
MAY
Mon. 5th: Council meeting
Mon. 19th: Council meeting
JUNE
Mon. 2nd: Council meeting
Mon. 16th: Council meeting
Adopted by Resolution No. 2024-103
JULY
Mon. 7th: Council meeting
Mon. 21st: Council meeting
AUGUST
Mon. 4th: Council meeting
Mon. 18th: Council meeting
SEPTEMBER
Tue. 2nd: Council meeting
Mon. 15th: Council meeting
OCTOBER
Mon. 6th: Council meeting
Mon. 20th: Council meeting
NOVEMBER
Mon. 3rd: Council meeting
Mon. 17th: Council meeting
DECEMBER
Mon. 1st: Council meeting
Mon. 15th: Council meeting
CITY COUNCIL AGENDA REPORT
TO: MAYOR PRO TEM ALTMAN AND MEMBERS OF THE CITY COUNCIL FROM: ERIC WIER, CITY MANAGER
BY: ROBIN ALTMAN, CITY CLERK/ADMINISTRATIVE ANALYST
DATE: DECEMBER 16, 2024
SUBJECT: SELECTION OF MAYOR AND MAYOR PRO TEMPORE
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Select a Mayor and Mayor Pro Tempore to serve for the next year
BACKGROUND
On August 15, 2016, the City Council adopted Resolution No. 2016-28 which established the Mayor’s and Mayor Pro Tempore’s term for a period of one year and specifying the conditions thereof. On even numbered years, at the first Council meeting following a general municipal election, the Council is to select one member for Mayor and one for Mayor Pro Tempore for a term of one year.
Within the Policies and Procedures Manual for the City Council, the duties of the Council and positions of the Mayor and Mayor Pro Tempore are outlined as follows:
Section 3.1 City Council Generally: . . . The Council acts as a body, with no single member possessing any more power than any other member. The Mayor and Mayor Pro Tempore do have some ceremonial and administrative functions as described below, but in all aspects of policy establishment, voting, and in other significant areas the members are equals. (CA Gov. Code 40601) Section 3.2 Role of Mayor and Mayor Pro Tempore: The Mayor and Mayor Pro Tempore are chosen annually by a majority vote of the Council. These offices are taken at the beginning of the following meeting. The Mayor shall preside over all meetings of the City Council, and if he or she cannot be present or is unable to act, the Mayor Pro Tempore shall serve as Mayor until such time that the Mayor can be present or is able to act. While the Mayor may make or second any motion, and present and discuss any matter as a member of the Council, he or she Selection of Mayor and Mayor Pro Tempore
December 16, 2024
2 traditionally speaks and votes last.
3.2.1 Term: At the first regular meeting following a general municipal election, or at the first regular Council meeting in November of odd numbered years, the City Council shall choose one of its members as Mayor and one of its members as Mayor Pro Tempore for a term of one year. (Resolution No. 2016-28) Additionally, the Mayor and Mayor Pro Tempore are authorized signers on any bank or financial institution accounts held by the City, along with the City Manager and Finance Director. Both the Mayor and Mayor Pro Tem attend the agenda review meetings held the week preceding a Council meeting along with the City Manager, City Clerk/Administrative Analyst, and City Attorney. The Mayor also makes appointments to boards, commissions, and committees, with Council confirmation, and signs all documents that require an official signature unless the City Manager has been authorized to sign such documents.
ANALYSIS
The selection of Mayor is traditionally chosen first with the Mayor Pro Tempore being chosen second. Staff suggest the following nomination / selection procedure:
1. Nominations for Mayor: Any member of the Council may nominate any sitting councilmember to serve as Mayor. Said nominated councilmember shall either accept or decline the nomination. Once all nominations have been made, the then presiding Mayor shall announce that nominations are closed and the names of those councilmembers that have accepted their nomination.
2. Appointment of Mayor: Any member of the Council may then make a motion to appoint any one of the nominees as Mayor. Standard motion procedures apply (see below).
3. Nominations for Mayor Pro Tempore: Any member of the Council may nominate any sitting councilmember to serve as Mayor Pro Tempore except the member chosen to serve as Mayor. Said nominated councilmember shall either accept or decline the nomination. Once all nominations have been made, the then presiding Mayor shall announce that nominations are closed and the names of those councilmembers that have accepted their nomination.
4. Appointment of Mayor Pro Tempore: Any member of the Council may then make a motion to appoint any one of the nominees as Mayor Pro Tempore. Standard motion procedures apply (see below).
➢ Standard Motion Procedures: Rosenberg Rules of Order state that there can be up to three motions on the floor, simultaneously. The rules of order are as follows:
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. After Selection of Mayor and Mayor Pro Tempore
December 16, 2024
3 discussion and debate, a vote would be taken on the third motion. If this motion passes, no vote would be taken on the first or second motions.