Special City Council Meeting

CITY OF CRESCENT CITY Mayor Jason Greenough Mayor Pro Tem Blake Inscore Council Member Raymond Altman Council Member Beau Smith Council Member Isaiah Wright AGENDA SPECIAL CITY COUNCIL MEETING VIRTUAL VIA ZOOM THURSDAY JUNE 24, 2021 5:30 P.M. Due to the current public health emergency resulting from COVID-19, the public may access and participate in the public meeting using one or more of the following three methods: (1) participate online via Zoom – details to join the meeting will be on both the City of Crescent City – City Hall Facebook page as well as the City of Crescent City website (www.crescentcity.org); (2) watch the meeting via livestream on YouTube (Channel: City of Crescent City, California) and submit comments via publiccomment@crescentcity.org; or submit a written comment by filing it with the City Clerk at 377 J Street, Crescent City, California 95531 prior to 4:00 pm, June 24, 2021. If you require a special accommodation, please contact City Clerk Robin Patch at 464-7483 ext. 223. ZOOM PHONE NUMBER: (253) 215-8782 OPEN SESSION WEBINAR ID: 837 8403 2478 OPEN SESSION Call to order Roll call Pledge of Allegiance PUBLIC COMMENT PERIOD Any member of the audience is invited to address the City Council on any matter that is within the jurisdiction of the City of Crescent City. Comments of public interest or on matters appearing on the agenda are accepted. Note, however, that the Council is not able to undertake extended discussion or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward the entire Council. Any comments that are not at the microphone are out of order and will not be a part of the public record. After receiving recognition from the Mayor, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes. The public is additionally allotted three minutes each in which to speak on any item on the agenda prior to any action taken by the Council. CONSENT CALENDAR 1. Revisions to the List of Proposed Local Street Projects for the Road Repair and Accountability Act of 2017 (SB1) • Recommendation: Adopt Resolution No. 2021-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 TO BE FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 1|Page 6/24/21 COUNCIL AGENDA 2. Adoption of Approved Pool Fees Effective July 5, 2021 • Recommendation: Adopt Resolution No. 2021-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING FEES FOR FRED ENDERT MUNICIPAL POOL EFFECTIVE JULY 5, 2021 CONTINUING BUSINESS 3. Front Street Storm Drain Project Notice of Completion • Recommendation: Hear staff report • Technical questions from the Council • Receive public comment • Further Council discussion • Authorize the City Manager to sign Change Order 12 • Authorize the City Manager to sign and file a Notice of Completion for the Front Street Storm Drain Project NEW BUSINESS 4. Del Norte County Healthcare District Sponsored Swim Lessons • Recommendation: Hear staff report • Technical questions from the Council • Receive public comment • Further Council discussion • Adopt Resolution No. 2021-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY 5. Cultural Center Fee Waiver Request • Recommendation: Hear staff report • Technical questions from the Council • Receive public comment • Further Council discussion • Waive the fees for the use of the Cultural Center by the Lighthouse Repertory Theater, a nonprofit organization, for rehearsals and two free performances on July 4th of a melodrama based on the finding that the waiver of fees is not a gift of public funds because supporting this event serves a public purpose by supporting an event that provides free community entertainment and engagement in the arts. CITY COUNCIL ITEMS ➢ Legislative Matters – Consider miscellaneous legislative matters pertinent to the City of Crescent City. Authorize the Mayor to sign the appropriate letters and/or positions with respect to such matters. ➢ City Manager Report and City Council Directives – Pursuant to Crescent City Municipal Code § 2.08.200, the City Council may instruct the city manager on matters of importance to the administrative services of the City and provide direction with respect to subordinates of the City Manager. (Directives from individual Council Members that are not objected to by any member present shall be considered an order of the City Council.) ➢ Reports, Concerns, Referrals, Council travel and training reports – In accordance with Gov’t Code § 54954.2(a), City Council Members may make brief announcements or brief reports on their own activities. They may ask questions for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. 2|Page 6/24/21 COUNCIL AGENDA ADJOURNMENT Adjourn to the regular meeting of the City Council of the City of Crescent City scheduled for Monday, July 19, 2021 at 6:00 p.m., via Zoom, Crescent City, CA 95531. POSTED: June 23, 2021 /s/ Robin Patch City Clerk/Administrative Analyst Vision: The City of Crescent City will continue to stand the test of time and promote quality of life and community pride for our residents, businesses and visitors through leadership, diversity, and teamwork. Mission: The purpose of our city is to promote a high quality of life, leadership and services to the residents, businesses, and visitors we serve. The City is dedicated to providing the most efficient, innovative and economically sound municipal services building on our diverse history, culture and unique natural resources. Values: Accountability Honesty & Integrity Excellent Customer Service Effective & Active Communication Teamwork Fiscally Responsible 3|Page 6/24/21 COUNCIL AGENDA  CITY COUNCIL AGENDA REPORT TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL FROM: ERIC WIER, CITY MANAGER BY: JON OLSON, PUBLIC WORKS DIRECTOR ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER DATE: JUNE 24, 2021 SUBJECT: REVISIONS TO THE LIST OF PROPOSED LOCAL STREET PROJECTS FOR THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB 1) ______________________________________________________________________ RECOMMENDATION • Adopt Resolution No. 2021-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 TO BE FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 BACKGROUND The purpose of bringing this resolution back to the City Council is to revise paragraphs 2.1-2.3 and 3.1 of the previously approved Resolution No. 2021-31. California Transportation Commission staff contacted City staff and requested that the projects descriptions be modified by changing the word “Construction” to “Pre-Construction”. Because all projects identified on the list are design projects, staff agrees that this wording ought to be changed to better reflect the nature of the work. On April 28, 2017, Governor Brown signed Senate Bill 1 which is known as the Road Repair and Accountability Act of 2017. The purpose of the bill is to address basic road maintenance, rehabilitation and critical safety needs on the state highway system and local streets. Funds are derived from increases in per gallon fuel excise taxes, increases in diesel fuel sales taxes and increases in vehicle registration fees. In November 2017, the State Controller started depositing various portions of the new funding to the newly created Road Maintenance and Rehabilitation Account (RMRA). The funds are apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems. 1  FY 21/22 RMRA Project List SB 1 rev. June 24, 2021 According to the most recent estimates provided by the California Transportation Commission (CTC) in January 2021, the City of Crescent City will receive $149,380 in RMRA funds during the fiscal year 2021-22. Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, each City and County must submit to the California Transportation Commission a list of projects to be funded with the Local Streets and Roads Funding. All projects proposed to use RMRA funding must also be included in the approved City or County budget. The approved project list for FY 2021-22 must be adopted by Resolution and submitted to the CTC by July 1, 2021. ITEM ANALYSIS Staff recommends dedicating SB1 funds received each year to design of planned street projects. The total amount received is insufficient to perform major maintenance and repairs but is sufficient for project designs. A portion of the City’s RMRA (SB1) funds must be passed through to the County in accordance with the existing revenue sharing agreement. The County must use the pass-through funds for its own RMRA-eligible projects. The following design projects are proposed for listing on the SB 1 List for FY 2021-2022: 1. Front Street Storm Drain (F-Street Package for re-bidding) Design 2. Front Street Storm Drain G-Street to L-Street Design 3. K Street Front-Street to 2nd-Street Design 4. A Street Essex-Street to Pacific Design 5. Pass through to Del Norte County FISCAL ANALYSIS The FY 21-22 budget, currently being developed, will include the FY 21-22 RMRA funds and approved projects. The approval of the attached list does not have any direct impact on the budget. Approving the project list simply informs the State of the City’s proposed projects and does not commit the City to spending any particular amount. In addition, the project list may be updated if the City’s priorities change. City staff time for design may be reimbursable. ATTACHMENTS • Resolution No. 2021-36, A Resolution Adopting a List of Projects for Fiscal Year 2021-22 to be Funded by SB1: The Road Repair and Accountability Act of 2017 2  RESOLUTION NO. 2021-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $149,380 in RMRA funding in Fiscal Year 2021- 22 from SB 1; and WHEREAS, this is the fourth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City design projects to maintain and rehabilitate four streets/roads, replace failing storm drain infrastructure, performing asphalt dig-outs, perform crack sealing, and add complete street components, throughout the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “fair” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and CITY OF CRESCENT CITY RESOLUTION NO. 2021-36 Page 1  WHEREAS, California Transportation Commission staff have requested modifications to the resolution adopted May 17, 2021 by the City Council. NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Crescent City, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2021-22 Road Maintenance and Rehabilitation Account revenues: 2.1 Front Street Storm Drain and Roadway Rehabilitation Project Design: Project Description: Design drainage improvements, roadway improvements, ADA complaint access ramps and pedestrian improvements. Project Location: Front Street between G Street & L Street Estimated Useful Life: 20- 30 years Anticipated Start of Pre-Construction: 04/2023 Anticipated End of Pre-Construction: 10/2023 2.2 A Street Rehabilitation Design: Project Description: Design drainage improvements, roadway improvements, ADA complaint access ramps and pedestrian improvements. Project Location: A Street between Pacific Street and Essex Street Estimated Useful Life: 20-30 years Anticipated Start of Pre-Construction: 07/2024 Anticipated End of Pre-Construction: 10/2024 2.3 F Street Rehabilitation Design: Project Description: Design drainage improvements, roadway improvements, ADA complaint access ramps and pedestrian improvements. Project Location: F Street between Front Street and 5th Street Estimated Useful Life: 20- 30 years Anticipated Start of Pre-Construction: 06/2022 Anticipated End of Pre-Construction: 10/2022 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2021-22 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: 3.1 K Street Drainage Improvement and Roadway Rehabilitation Project: Project Description; Design new drainage improvements, surface improvements to repave/resurface a minimum of 300 LF of Roadway, new ADA compliant access ramps and pedestrian improvements Project Location: K Street between Front Street & 2nd Street Estimated Useful Life: 20- 30 years Anticipated Start of Pre-Construction: 07/2024 Anticipated End of Pre-Construction: 09/2024 CITY OF CRESCENT CITY RESOLUTION NO. 2021-36 Page 2  Fiscal Year Originally Proposed: 17-18 4. Resolution No. 2021-31 is hereby rescinded. PASSED AND ADOPTED and made effective the same day by the City Council of the City of Crescent City, State of California this 24th day of June, 2021, by the following polled vote: AYES: NOES: ABSTAIN: ABSENT: __________________________ Jason Greenough, Mayor ATTEST: ___________________________ Robin Patch, City Clerk CITY OF CRESCENT CITY RESOLUTION NO. 2021-36 Page 3 TO: CITY COUNCIL AGENDA REPORT MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL ®) FROM: ERIC WIER, CITY MANAGER BY: MARTHA D. RICE, CITY ATTORNEY DATE: JUNE 24, 2021 SUBJECT: ADOPTION OF APPROVED POOL FEES EFFECTIVE JULY 5, 2021 ______________________________________________________________________ RECOMMENDATION • Adopt Resolution No. 2021-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING FEES FOR FRED ENDERT MUNICIPAL POOL EFFECTIVE JULY 5, 2021 BACKGROUND On June 21, 2021, the City Council approved staff’s recommendation for updated pool fees for the Fred Endert Municipal Pool as well as a full reopening of the pool on Monday, July 5th. Because the current pool fees were adopted by resolution, it is necessary to formerly adopt the updated fees by resolution as well. ITEM ANALYSIS The updated fee scheduled approved by the City Council and included in this resolution is as follows: DAILY FEES: Daily Fee Current Approved 6/21 Increase Youth (7-17) $5.00 $4.00 $(1.00) Senior (64+) $5.00 $5.00 -- Adult (18-63) $5.50 $6.00 $0.50 10-PUNCH PASS: 10 Punch Passes Current Approved 6/21 Increase Youth 10 Visit Pass $ 40.00 $ 36.00 $ (4.00) Senior 10 Visit Pass $ 40.00 $ 45.00 $ 5.00 Adult 10 Visit Pass $ 45.00 $ 54.00 $ 9.00 2  Pool Fees Resolution 2 JUNE 21, 2021 MONTHLY PASS: Monthly Pass Current Approved 6/21 Change Youth (7-17) n/a $ 40.00 New Adult (18-63) n/a $ 60.00 New Senior (64+) n/a $ 50.00 New Family n/a $ 120.00 New ANNUAL PASS: Annual Pass Current Approved 6/21 Change Youth (7-17) $ 450.00 $ 360.00 $ (90.00) Adult (18-63) $ 525.00 $ 540.00 $ 15.00 Senior (64+) $ 450.00 $ 450.00 $ -- Family $ 1,020.00 $ 1,080.00 $ 60.00 Annual Pass - Sale Price Current Approved 6/21 Change Youth $ 355.00 Discontinue Discontinue Adult $ 435.00 Discontinue Discontinue Senior $ 355.00 Discontinue Discontinue Family $ 825.00 Discontinue Discontinue SWIM LESSONS: Swimming Lessons Current Approved 6/21 Increase Pre-school (6 lessons) $ 43.50 $ 48.00 $ 6.50 Levels 1-VII (6 lessons) $ 38.50 $ 45.00 $ 4.50 Parent/Child (6 lessons) $ 33.00 $ 35.00 $ 2.00 Drop in babies/tot $ 5.50 $ 6.50 $ 1.00 Individual (25 min) $ 15.00 $ 20.00 $ 5.00 Individual (25 min) 2 students $ 35.00 $ 35.00 $ -- Individual (55 min) $ 27.00 $ 35.00 $ 8.00 Individual (55 min) 2 students $ 42.00 $ 45.00 $ 3.00 MISC. FEES: Slide Rental (per hour) $ 30.00 $ 50.00 $ 20.00 Lifeguard Training (non-employees) $ 100.00 $ 250.00 $ 150.00  Pool Fees Resolution 3 JUNE 21, 2021 FISCAL ANALYSIS The estimated pool revenue increase with these changes in fees is a total of $21,000 per year based on historical pool usage during years with limited closures. 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 3: Maintain responsible fiscal management and accountability ATTACHMENTS 1. Resolution No. 2021-37  RESOLUTION NO. 2021-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING FEES FOR FRED ENDERT MUNICIPAL POOL EFFECTIVE JULY 5, 2021 WHEREAS, the City regularly implements, increases, or adjusts fees to reflect the changing cost of providing services due to inflation, staffing reorganization, and other variables which affect the cost of delivering these services; and WHEREAS, the rising minimum wage has increased the amount of money that the City must pay lifeguards who work at the pool; and WHEREAS, City voters approved Measure S, implementing a 1% local sales tax, the revenues of which will be partially used to support the pool’s operations, which operates at a deficit each year; and WHEREAS, City staff have analyzed the current fee schedule and received input from both Counsilman-Hunsaker (aquatics experts) and pool patrons as to the changes that are necessary in order to implement a more logical, fair, and affordable schedule of fees; and WHEREAS, the City Council approved the schedule of fees on June 21st; and WHEREAS, the official adoption of the fees must be done by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY, CALIFORNIA, THAT THE SCHEDULE OF POOL FEES ATTACHED HERETO AS EXHIBIT A IS APPROVED AND ADOPTED TO BE EFFECTIVE JULY 5, 2021. APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 24th day of June, 2021 by the following polled vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Jason Greenough, Mayor ATTEST: _____________________________ Robin Patch, City Clerk CITY OF CRESCENT CITY RESOLUTION NO. 2021-37 Page 1  EXHIBIT A FRED ENDERT MUNICIPAL POOL FEES EFFECTIVE 7/5/21 Daily Fee Fee Youth (7-17) $4.00 Senior (64+) $5.00 Adult (18-63) $6.00 10 Punch Passes Fee Youth (7-17) 10 Visit Pass $36.00 Senior (64+) 10 Visit Pass $45.00 Adult (18-63) 10 Visit Pass $54.00 Monthly Pass Fee Youth (7-17) $40.00 Senior (64+) $50.00 Adult (18-63) $60.00 Family $120.00 Annual Pass Fee Youth (7-17) $360.00 Senior (64+) $450.00 Adult (18-63) $540.00 Family $1,080.00 Swimming Lessons Fee Pre-school (6 lessons) $48.00 Levels 1-VII (6 lessons) $45.00 Parent/Child (6 lessons) $35.00 Drop in babies/tot $6.50 Individual (25 min) $20.00 Individual (25 min) 2 students $35.00 Individual (55 min) $35.00 Individual (55 min) 2 students $45.00 Miscellaneous Fees Fee Slide Rental (per hour) $50.00 Lifeguard Training (non-employees) $250.00 CITY OF CRESCENT CITY RESOLUTION NO. 2021-37 Page 2  CITY COUNCIL AGENDA REPORT TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL FROM: ERIC WIER, CITY MANAGER BY: JON OLSON, PUBLIC WORKS DIRECTOR NACOLE SUTTERFIELD, ENGINEERING PROJECT MANAGER DATE: JUNE 24, 2021 SUBJECT: FRONT STREET STORM DRAIN PROJECT NOTICE OF COMPLETION ______________________________________________________________________ RECOMMENDATION • Hear staff report • Technical questions from the Council • Receive public comment • Further Council discussion • Authorize the City Manager to sign Change Order 12 • Authorize the City Manager to sign and file a Notice of Completion for the Front Street Storm Drain Project BACKGROUND Last year Council approved the award of the contract for the Front Street Storm Drain Project. Construction began at the end of April 2020 and Front Street was closed in the beginning of July 2020. The Front and C Street portions of the project were deemed substantially complete on January 26, 2021 when Front Street was reopened to the public. Construction of the F Street alternative began April 5 th, 2021 and was completed June 10th, 2021. ITEM ANALYSIS Tidewater has completed the entire Front Street Storm Drain Project. All labor compliance documentation has been submitted. The project was completed within the allotted working days and before the final deadline of June 30. FISCAL ANALYSIS Filing a notice of completion does not have a direct fiscal impact. The final 5% retention payment (F Street) which was withheld from each progress payment and is currently held 3  FRONT STREET STORM DRAIN PROJECT 2 JUNE 24, 2021 in a separate City account, will be released 30 days after the notice of completion is recorded. This project was funded through the 2017 CDBG grant, with the Water Fund responsible for the water main portion of the project. The total budget for this project was $5,264,542 There have been 12 change orders, which included the following items: • Change Order 1 - $86,752.46 o Relocation of Sanitary Sewer Line o Relocation of Waterline o Addition of Stabilization Material o Addition of Unsuitable Material o Junction box credit • Change Order 2 - $32,467.78 o Multiple Waterline relocates o Sanitary Sewer Line Relocate o Street Light Conduit Relocate o Addition of 15” Storm Drainpipe • Change Order 3 - $7,684.56 o Storm Drain Modifications o Extra Demolition to meet grades o New Rain Drains and Infill of old CMP • Change Order 4 - $46,551.80 o Increase in C Street Bid Items: 36” Storm Drainpipe, 24” Storm Drainpipe, 12” Storm Drainpipe, Trench Drain, Sidewalk, Aggregate Base, Hot Mix Asphalt, Curb and Gutter. o Addition of 12” Storm Drainpipe o Addition of Curb Ramp Replacement o Addition of Raising Utility Covers • Change Order 5 - $8,198.59 o Increase in Front Street Bid Items: Waterline, 24” Storm Drainpipe, Stabilization Material and Unsuitable Material o Addition of Fence o Addition of Survey Monument Identification and Protection o Addition of Slurry for Abandoning 24” Storm Drain o Excavation of all Roads and Walks Modifications • Change Order 6 - $4,982.16 o Remove Conduit for Future PA System (Credit) o Electrical Receptacle Change (Credit) o Water Service Credit o Addition of Retaining Wall o Installation of Wayfinding Sign Foundation o Increase 15” Storm Drainpipe • Change Order 7 - $1,230,625.00 o Award Alternative 2 – F Street Storm Drain • Change Order 8 – ($547,058.00)  FRONT STREET STORM DRAIN PROJECT 3 JUNE 24, 2021 o Reduction of Alternative 2 Bid Items F Street Storm Drain • Change Order 9 - $59,508.60 o Increase in aggregate base and hot mix asphalt o Addition of Retaining Wall o Addition of No Parking signs o Additional fence expenses • Change Order 10 - $29,554.10 o Increase in stamped concrete sidewalk o Increase in curb and gutter o Reset survey monuments o Addition of curb drains • Change Order 11 - $170,406.00 o Seal Coat Front Street Parking Lot Areas o Crack Seal Front Street Parking Lot Areas o Water Main Relocate at 2nd and F Street o Sanitary Sewer Relocate at 2nd and F Street o Addition of G Street Drop Inlets and Storm Drain Pipe o Temporary Striping o Increase Storm Drainpipe Quantities o Increase Sidewalk Quantities o Decrease Curb and Gutter Quantities o Increase Aggregate Base Quantities • Change Order 12 - $ 26,054.83 o Addition of Storm Drain Pipe o Reduction of Aggregate Base o Addition of Reinforced Concrete o Relocate 12” Storm Drain at 3rd and C Street o Junction Box Modification o Addition of New Sewer Lateral o Removal of Abandoned Storm Drainpipe o Addition of Street Light Conduit o Storm Drain Repair o Balancing of multiple items with quantity overages Summary of Total Project Costs Revenues • CDBG Grant Storm Drain Improvement Award $4,093,023.00 • Water Fund – Water Related Improvements $ 167,000.00 • CDBG Grant Amendment (F Street) $1,004,519.00 • Total Project Funding $5,264,542.00  FRONT STREET STORM DRAIN PROJECT 4 JUNE 24, 2021 Contract Totals Storm Drain Improvements Front & C Streets • Original Contract Award – $3,833,685.00 • Contract Change Orders (#1-6, 9 &10) - $ 275,700.05 • Total Front and C Street Contract - $4,109,385.05 Storm Drain Improvements F Street • Contract Change Orders (#7-8) - $ 683,567.00 • Contract Change Orders (#11-12) - $196,460.83 • Total F Street Contract - $880,027.83 Total Project Total = $4,989,412.88 PROJECT SUMMARY TABLE Total Funding $5,264,542.00 Total Contract (including Change $4,963,358.05 Orders 1 – 11) Change Order 12 $26,054.83 City Labor Through May $133,140.93 Estimated City Labor to Finish $10,000.00 Non-Contract Expenses $52,214.18 Total Estimated Remaining Funds $79,774.01 STRATEGIC PLAN ASSESSMENT This project was listed as a priority project in meeting the goals and objectives of Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors”. ATTACHMENTS 1. Change Order 12 2. Notice of Completion  CHANGE ORDER ORDER NO . 12 Date: June 16, 2021 NAME OF PROJECT: FRONT STREET STORM DRAIN PROJECT OWNER : City of Crescent City CONTRACTOR : Tidewater Contractors Inc. Original CONTRACT PRICE: $3 ,833 ,685.00 The following changes are herby made to the CONTRACT DOCUMENTS: 1. Item #1 Addition of 4LF of 36"0 HDPE storm Drain Pipe (F Street) $ 1,000.00 2. Item # 2 Addition of 10LF of 24"0 FIDPE storm Drain Pipe $ 1,400.00 3. Item #3 Additional FIMA at Stn52 +50 over gas line potholing $ 5,815.74 4. Item #4 Additional 3/4" Minus from Front to 2 nd street $ 45,914.85 5. Item #5 Additional 3CY reinforced concrete $ 2 ,250.00 6. Item #6 Relocate 12” Storm Drain @ 3rd and F-Street Stn 56+42.3 $ 550.00 7. Item #7 Junction Box Modification @ 56+ 24 $ 850.00 8 . Item #8 New Sewer Lateral @ 56+40 $ 500.00 9. Item # 9 Backfill for Storm Drain Removal, Front Street to 2nd Street $ 6, 253.24 10. Item #10 Street Light Conduit Trench and Backfill @ 2 nd and F-Street $ 450.00 11. Item #11 Storm Drain Repair, Excavation and Exploration 54+75 to 54+ 95 (not installed) $ 3 , 500.00 12. Item #12 Decrease bid item 6A 060" Storm Drain $ (1,245.00) 13. Item #13 Decrease CC05 Bid Item #4 stabilization material $ (6 , 705.00) 14. Item #14 Decrease CC05 Bid Item #5 unsuitable material $ (1,255.00) 15. Item #15 Decrease CC04 Bid Item #8 036" Storm Drain (Front St) $ (4 , 000.00) 16 . Item #16 Decrease CC 04 Bid Item #9 012" Storm Drain $ (1,900.00) 17 . Item #17 Decrease CC07/8 Bid Item #81 Sidewalk $ (17, 204.00) 18 . Item #18 Decrease CC07/8 Bid Item # 82 Curb and Gutter $ (10 ,120.00)  Justification ( Listed by Item Number ): 1. Additional 036" storm drain pipe needed for a complete and functional project . Pipe not included in original bid. To be paid at agreed LF price of $250.00. 4LF X $250.00/LF = $1,000.00 2 . Additional 024" storm drain pipe needed for a complete and functional project. Pipe not included in original bid. To be paid at agreed LF price of $140.00. 10LF X $140.00/LF = $1,400.00 3. Additional Hot Asphalt Mix required as extra work to patch area exposed by propane gas line exploration. To be paid at agreed TN price of $122.00. 47.67TN X $122.00/TN = $5,815.74 4. Additional aggregate base needed for a complete and functional project. Aggregate base not included in Change Order 8. To be paid at agreed TN price of $45.00. 1020.33TN X $45.00/TN = $45 ,914.85 5 . Additional reinforced concrete needed for a complete and functional project . Reinforced concrete insufficient in CC08 . To be paid at agreed CY price of $750.00. 3CY X $750.00 = $2,250.00 6. Relocation of 012" storm drain at Sta 56+42.3 needed for a complete and functional project. To be paid at lump sum agreement price. 1EAX $550.00 = $550.00 7 . Modification of Junction Box at Sta 56+24 needed for a complete and functional project. To be paid at lump sum agreement price. 1EAX $850.00 = $850.00 8 . New sewer lateral installation at Sta 56+40 needed for a complete and functional project. To be paid at lump sum agreement price. 1EAX $500.00 = $500.00 9 . Storm drain removal and backfill from Front to 2nd street needed for a APPROVED complete and functional project . To be paid at New Bid Item price of jolson , 6/21/2021 ,7:54:38 AM $28.00/TN. 223.33/TN x $28.00/TN = $6, 253.24 10. Streetlight conduit trench and backfill at 2nd and F street needed for a complete and functional project. To be paid at lump sum agreement price. 1EAX $450.00 = $450.00. 11. Storm drain excavation and exploration from Sta 54+75 to 54+95 needed for a complete and functional project. To be paid at LF price of $140.00/LF. 25LF X $140.00/LF = $3,500.00 12. Decrease Bid Item #6A 060" storm drain pipe due to unused portion. To be paid at agreed bid price $415.00/LF. (3 LF) X $415.00/LF = ($1,245.00) 13. Decrease CC05 Bid Item #4 stabilization material due to unused portion. To be paid at agreed bid price $50.00/TN (134.1TN) X $50.00/TN = ( $6 ,705.00) 14. Decrease CC05 Bid Item # 5 unsuitable material due to unused portion . To be paid at agreed bid price $50.00/CY (25.1CY) X $50.00/TN = ($1, 255.00) 15. Decrease CC04 Bid Item # 8 036" storm drain pipe due to unused portion. To be paid at agreed bid price $200.00/LF. ( 20LF) X $200.00/LF = ( $4 ,000.00) 16. Decrease CC04 Bid Item # 9 012 " storm drain pipe due to unused portion. To be paid at agreed bid price $95.00/LF . ( 20LF) X $95.00/LF = ($1,900.00) 17. Decrease CC07/8 Bid Item # 81 sidewalk due to unused portion . To be paid at agreed bid price $11.00/SF. (1 , 564SF) X $11.00/SF = ($17, 204.00) 18. Decrease CC07/8 Bid Item #82 curb and gutter due to unused portion . To be paid at agreed bid price $44.00/LF. (230LF) X $44.00/LF = ($10,120.00) Change to CONTRACT PRICE CONTRACT PRICE adjusted by previous CHANGE ORDERS: $ 4 ,963 ,358.05 CONTRACT PRICE due to this CHANGE ORDER will be increased: $ 26,054.83 CONTRACT PRICE including this CHANGE ORDER will be : $ 4 ,989 ,412.88 Change to CONTRACT TIME The CONTRACT TIME will be not be increased Completion DATE is June 21, 2021 Requested by: Owner Date Recommended by : APPROVED jolson , 6/21/2021 ,7:56:17 AM Owner's Public Works Director Date Accepted by: 06/18 /21 Contractor Date Andrew Leighton To: George Fitzhugh; Cassie Fitzhugh Cc: Greg Griffin; Nacole Sutterfield; Jonathan Olson Subject: RE: [EXTERNAL] F-Street - Concrete Quantities thru May 31st. Hello all, • Curb and Gutter = 635 feet - okay • Sidewalks = 4251 Square feet - Kevin measured 4,411 SF • Reinforced Concrete = 5 Cubic yards - our records show 3 CY Sincerely, Andrew Leighton Engineering Project Manager City of Crescent City Tel: (707 ) 464-9506 x 229 Mobile: (707) 458-8617 Fax : ( 707 ) 465 - 4405 Email: aleighton @ crescentcity. org From: George Fitzhugh <fitzhughg@ twcontractors.com> Sent: Monday, June 07, 2021 1:39 PM To: Jonathan Olson <jolson @ crescentcity. org>; Nacole Sutterfield < nsutterfield @ crescentcity.org>; Andrew Leighton < aleighton @ crescentcity. org> Cc: Kevin Tupman <ktupman @ crescentcity.org>; Greg Griffin <ggriffin @ twcontractors.com>; Cassie Fitzhugh < cfitzhugh @ twcontractors.com> Subject: [ EXTERNAL] F -Street - Concrete Quantities thru May 31st. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jon, Bub provided me the following concrete quantities for work completed through May 31st. Please let me know if you agree or disagree and we'll get you a billing in the next couple days for May work. • Curb and Gutter = 635 feet • Sidewalks = 4251 Square feet • Reinforced Concrete = 5 Cubic yards Thank you - George Fitzhugh Tidewater Contractors, Inc. l Andrew Leighton From: George Fitzhugh < fitzhughg @ twcontractors.com > Sent: Friday, May 07, 2021 6:09 PM To: Jonathan Olson Cc: Cassie Fitzhugh; Nacole Sutterfield; Kevin Tupman; Andrew Leighton; Greg Griffin Subject: [ EXTERNAL] Front Street - F -Street Additional Work Follow Up Flag: Follow up Flag Status: Flagged CAUTION : This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jon, Below are the costs for the additional work we discussed at the Wednesday meeting. 1. Relocate 12" Storm Drain @ 3rd and F-Street = $550.00 ( this does not include the 12" pipe, I assumed the pipe would be paid by the foot @ the bid item unit price ). 2. Junction Box Modification @ 56+ 24 = $850.00. 3. New Sewer Lateral @ 56+ 40 = $ 500.00. 4. Backfill for Storm Drain Removal, Front Street to 2nd Street = $ 28.00 per ton ( 223.33 ton placed and compacted, spreadsheet provided ) -- ( this does not include the excavation and removal of unsuitable material and pipe, I assumed it would be paid by the cubic yard @ the bid item unit price, approx. 80 CY ). 5. Street Light Conduit Trench and Backfill @ 2nd and F -Street = $ 450.00. 6. Storm Drain Repair, Excavation and Exploration 54+75 to 54+95 (not installed ) = Bid Item Unit Price ( City to retain new 24" pipe, delivered to their yard ). I think this catches us up at this point. Thank you - George Fitzhugh Tidewater Contractors, Inc. l Recording requested by And after recording, return to: City of Crescent City Public Works Department 377 J Street Crescent City, CA 95531 Exempt from recording fees per Gov. Code § 27383 Exempt from SB 2 fees per Gov. Code § 27388.1(a)(2)(D) NOTICE OF COMPLETION AND ACCEPTANCE OF PUBLIC WORKS PROJECT CONTRACT # 2019-020 NOTICE IS HEREBY GIVEN by the City of Crescent City, that the Contract for the project entitled the Front Street Storm Drain Project (Contract # 2019-020) which was let to: Tidewater Contractors, Inc. 16156 US-101, Brookings, OR 97415 as contractor, was completed on June 11, 2021 and accepted by the City Council of the City of Crescent City on June 21, 2021. The name and address of the owner of the property referred to herein is the City of Crescent City, 377 J Street, Crescent City, CA 95531 and the nature of the interest of the owner in the said property is fee. The work and location of the work are detailed as follows: (1) Within the Front Street right-of-way beginning at the western boundary of B Street and extending 1,797 feet to the western boundary of H Street: construction of a redundant storm drain piping system, installation of electrical components, landscape features, complete street improvements and installation of a new water line; (2) Within the C Street right-of-way beginning at the northwestern boundary of Front Street and extending 910 feet to the northeastern boundary of 4th Street: construction of a redundant storm drain piping system, street and ADA improvements; (3) Within the 4th Street right-of-way starting from the northeastern boundary of C Street and extending 315 feet to the northeastern boundary of D Street: construction of a redundant storm drain piping system; (4) Within the D Street right-of-way beginning at the northwestern boundary extending 283 feet to the northwestern boundary of 5th Street: construction of a redundant storm drain piping system; (5) Within the F Street right-of-way beginning at the northeast corner of Front Street extending 740 feet midblock past the northeast boundary of 3rd Street: construction of a larger storm drainpipe system, ADA and street improvements. All streets located in the City of Crescent City, County of Del Norte, State of California.  VERIFICATION I, the undersigned, declare that I am the City Manager of the City of Crescent City and that I have read the foregoing notice and know the contents thereof and that the same is true to the best of my knowledge and belief. I declare under penalty of perjury that the foregoing is true and correct. Executed at Crescent City, California on this 21st day of June 2021. By: Eric M. Wier, City Manager A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Del Norte On _____________________before me, ________________________________, Notary Public personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. [seal] _____________________________ Signature  CITY COUNCIL AGENDA REPORT TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL FROM: ERIC WIER, CITY MANAGER BY: HOLLY WENDT, RECREATION DIRECTOR DATE: JUNE 24, 2021 SUBJECT: DEL NORTE COUNTY HEALTHCARE DISTRICT SPONSORED SWIM LESSONS ______________________________________________________________________ RECOMMENDATION • Hear staff report • Technical questions from the Council • Receive public comment • Further Council discussion • Adopt Resolution No. 2021-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY BACKGROUND The Del Norte County Healthcare District (District) approached City staff regarding the possibility of funding swim lessons for Del Norte County for the upcoming fiscal year as one of their new projects to increase health and wellness in Del Norte County. The health benefit from this program will be to encourage people to learn to swim which will be a preventive measure against unintentional accidents (drowning). It will also encourage a healthy form of physical exercise. City staff provided the District with data including the average number of group swim lessons that could be provided in a fiscal year and historical data regarding swimming lessons. This proposed partnership with the District would cover group lessons for Del Norte County residents which consists of a total of 6 lessons in each level of swim instruction offered at Fred Endert Municipal Pool. The funding will also include some additional funds from the District for marketing and community outreach to ensure youth and their families throughout the county are of aware of this free community service focused on increasing water safety awareness and wellness. ANALYSIS 4  Del Norte Healthcare District Sponsored Swim Lessons June 24, 2021 Aquatics staff assessed historical swim lessons data to develop cost estimates for providing group lessons throughout the year during and ensuring these lessons would be provided during times identified by families in the most recent community survey as the most convenient for them. POOL DATA REGARDING SWIMMING LESSONS Normal Year Revenue for Swim Lessons Total Cost per session or Ages Number Total income lesson sold 6+ 424 $ 37.50 $ 15,900.00 4 to 6 346 $ 43.50 $ 15,051.00 6 Months to 3 112 $ 32.00 $ 3,584.00 years 2017-2018 25 Min. Ind. 231 $ 15.00 $ 3,465.00 lesson revenue 55 Min. Ind. 190 $ 25.00 $ 4,750.00 2 youth - 10 $ 27.00 $ 270.00 25 Min. Ind. 2 youth - 28 $ 40.00 $ 1,120.00 55 Min. Ind. $ 44,140.00 Capacity for Year-Round Group Lessons (Without impacting other Aquatic Programs) 12-13 Swimming Sessions Per Year Proposed FY 2020-21 Rates Total Possible Youth possible Cost per session Total income Ages Classes per class 6+ 127 6 $ 38.50 $ 29,337.00 4 to 6 137 6 $ 33.50 $ 17,878.50 6 Months to 3 years 36 3 $ 43.50 $ 7,128.00 If all classes fill to capacity: $ 54,343.50 Based on the data provided above, the District has offered to make an initial $45,000 commitment for the express purpose of covering the cost of group swimming lessons for any Del Norte County residents at Fred Endert Municipal Pool. The District intends that the City will: 1. Promote the program as a collaborative effort of the City and District, 2. Apply the funds towards promotion of the program and to cover the normal swim lesson fees, 3. Use the funds only for group lessons (not individual lessons), and 4. Provide the District with a monthly report. 2  Del Norte Healthcare District Sponsored Swim Lessons June 24, 2021 The City will retain complete control over the operations of the lessons, scheduling, size of the classes, number of lessons, etc. The initial contribution are as follows: 1. Program Promotion $ 5,000 2. Contribution for lessons $ 40,000 Total $ 45,000 City staff will submit a monthly invoice to the District based on community use of this service. City staff have been advised from the District that should community use begin to exceed the preliminary contribution amount, the District is willing to consider the contribution of additional funds to ensure this program is provided through the 2021-22 fiscal year. Staffing: Due to previous CDPH restrictions regarding indoor pools only allowing swim lessons, the aquatic team has enough lifeguards trained and certified as swim instructors to ensure there is no additional need for training or certification to provide these services on a consistent basis throughout the year. The earliest aquatic staff would be able to provide these services would be July 19, 2021 in order to allow two weeks for promotion and advertising. FISCAL ANALYSIS Staff have assessed historical data during the development of cost estimates for providing group lessons throughout the year and have taken into consideration the popular times identified by families in the most recent community survey. It is also important to note that the cost estimates presented to the District took into consideration proposed pool fee increases for lessons. The only additional cost for the City will be staff time to process invoices and tracking of participation in swim lessons. Upon Council direction, staff will begin community outreach in collaboration with the District to raise community awareness of this opportunity to be effective on a date as directed. As stated above the proposed date for Council consideration is July 19th. ATTACHMENT 1. Resolution No. 2021-38 3  RESOLUTION NO. 2021-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2021, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 21st day of June 2021; and WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and WHEREAS, the Del Norte County Health Care District has offered to fund swim lessons at the Fred Endert Municipal Pool for Del Norte County residents in order to promote water safety and health in the community; and WHEREAS, the District wishes the City to promote and market this program and will reimburse the City for associated costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS: 1. That the Fiscal Year 2021-22 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below: Revenue Increase Expense Increase Fund (Decrease) (Decrease) $5,000 General Fund $5,0000 APPROVED and ADOPTED and made effective the same day at a special meeting of the City Council of the City of Crescent City held on the 24th day of June 2021, by the following polled vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Jason Greenough, Mayor ATTEST: _____________________________ Robin Patch, City Clerk CITY OF CRESCENT CITY RESOLUTION NO. 2021-38 Page 1 TO: FROM: BY: CITY COUNCIL AGENDA REPORT MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL ERIC WIER, CITY MANAGER HOLLY WENDT, RECREATION DIRECTOR © DATE: JUNE 24, 2021 SUBJECT: CULTURAL CENTER FEE WAIVER REQUEST ______________________________________________________________________ RECOMMENDATION • Waive the fees for the use of the Cultural Center by the Lighthouse Repertory Theater, a nonprofit organization, for rehearsals and two free performances on July 4th of a melodrama based on the finding that the waiver of fees is not a gift of public funds because supporting this event serves a public purpose by supporting an event that provides free community entertainment and engagement in the arts. BACKGROUND Lighthouse Repertory Theatre, a California non-profit corporation (“LRT”), has provided live entertainment for the Wild Rivers Coast for over 30 years. LRT is an all-volunteer community theatre company dedicated to produce the highest quality production for our supportive community. LRT would like to provide two free showings of “The Great Ice Cream Social”, a melodrama, for the community to enjoy on July 4th at the Cultural Center. ANALYSIS This event is for the benefit of our community and will help youth and community members to foster the art of live performance. GIFT OF PUBLIC FUNDS ANALYSIS When considering the granting of public funds or other resources, the City Council needs to consider if the granting of the request amounts to a gift of public funds. Article 16, Section 6 of the California State Constitution prohibits the giving or lending of public funds. There is, however, an exception when the funds/resources will be used for a public purpose. The determination of public purpose lies with the legislative body (the City Council) and such determinations are given great deference by the court. FISCAL ANALYSIS The total rental cost for the day of the event and scheduled rehearsal times in preparation that is being requested would be $1,080.00. However, we do not have any other events scheduled that would take the place of this event, and if the Cultural Center is vacant, the City would not receive any funds. The true cost to the City is in the staff time (approximately 4 hours) associated with the administration and cleaning prior to the event. LRT will clean up after the event. 5