City of Blue Lake 111 Greenwood Road-P.O. Box 458 Blue Lake, CA 95525 707-668-5655(P) 707-608-5916() www.bluelake.agov City Council Agenda Tuesday, December 10, 2024 a 6:30 p.m. -Special Council Meeting Skinner Store-111 Greenwood Road, Blue Lake California Unless Otherwise Noted, All Items on the Agenda are, Subject to Action. Public Input can be given to the Council by emailing elr@baCIkeasoN until 4:30 p.m. PLEASE NOTE that live meeting logistics will be prioritized. The quality oft the Zoom teleconference meeting cannot be guaranteed. Technical challenges experienced by either the participant or the City on' Tuesday December 10, 2024. will not interrupt or halt the progress ofthe meeting. Public input may be facilitated by Zoom at the following meeting link: htps/Aw02weh.mom.wDIoPPHEsEAV2PATIAPRANURNUUEEAXBIZAhid.02 Meeting ID: 813 1699 7984 Passcode: 482373 1. Call to Order 3. Approval of Agenda 2. Pledge of Allegiance and Establish a Quorum of the Council- 4. Public Comment - The Public is invited to present petitions, make amnouncements, or provide other information to the City Council that is relevant to the. scope of authority of the City of Blue Lake that is not on the Agenda. The Council may, provide up to 15 minutes for this public input session. To assure that each individual presentation is heard, the Council may uniformly impose time limitations of3 minutes to each individual presentation. The public will be given the opportunily to address items that are on the agenda at the time the Council takes up each. specific 5. City Clerk Assignment: Consider Appointing Tonie Quigley to the Position of Interim City 6. Resolution No. 2024-1235: A Resolution of the City Council of the City of Blue Lake Declaring the Results ofa Municipal. Election Held November5, 2024, and Determining the Process, for the 7. Conduct City of Blue Lake City Council Election Tie Breaker-Discusscussion/Action agenda item. Clerk-DscusionAction Resolution ofa le-Discussion/Action 8. New Council Members Pledge of Civility and Oath ofOffice 9. Designation of Mayor and Mayor Pro-Tem-Discussion/Action 10. City of Blue Lake Commission Appointments-Discussion/Action 11. City of Blue Lake Housing Element Presentation and Public Hearing 12. Humboldt County Association of Governments Unmet Transit Needs Public Hearing 13. Consider Approval of: a revised Exclusive Right to Negotiate Agreement Between the City of Blue Lake and PT Blue Lake Redevelopment LLC ("Power Transitions"), for the Purchase or Lease of Approximately Six (6) Acres of City Owned Land Located on Assessor Parcel Numbers 025-161-003 and 312-161-016 for the Development of a Battery Energy Storage 14. Designation of Council Representatives for Commissions, Joint Powers Authorities and Other Organizations Requiring a City Council kepresentatiye-Dise-Discussion/Action ystem-DscisomAcion 15. Council Correspondence 16. Consent Agenda: a. November Warrants and Disbursements b. October 22, 2024 City Council Meeting Minutes 17. Reports of Council and Staff 18. Future Agenda Items 19. Closed Session: a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code Section 54956.8) Property: Portions of APN Nos.: 12-131-037-000, 312-131-045-000.,312-131-046-000, and 312- 190-010-000, in the unincorporated area ofthe County ofHumboldt, State ofCalifornia Agency Negotiator: Amanda Mager, City Manager; Ryan Plotz, Assistant City Attorney Negotiating parties: Erin McClure, Trustee Under negotiation: Price and terms of payment. b. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2)or(3)ofs subdivision (d) of Section 54956.9: One case. 20. Adjourn Ar request for disability-related modification or accommodation, including auxiliary aid or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting, by contacting the City Clerk at 707-668-5655, at least 24 hours prior to the commencement of the meeting. City ofBlue Lake City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 5 December 10, 2024 Interim City Clerk Designation Mandy Mager, City Manager General Information: Staffi is recommending the temporary appointment of Tonie Quigley to the position of City Clerk; the prior City Clerk resigned from employment with the City on November 29, 2024. In order to conduct the business of the City and the City Council, it is necessary to appoint an interim clerk Office Assistant, Tonie Quigley has been acting as the Deputy City Clerk for many months, she has been attending Council meetings and the meetings oft the Planning Commission to learn the duties As the City Clerk will conduct the tie breaking process for the City Council seat, iti is necessary to until such time as the duties can be reassigned. oft the clerk. appoint someone to this position prior to that action taking place. Background Material Provided: N/A Fiscal Impact: N/A Recommended Action: Appoint Tonie Quigley to the position of City Clerk on an interim basis, until such time as the Council takes furtheraction. Review Information: City Manager Review: a Legal Review: B Planner Review: D Engineer: D Comments: STAFF REPORT #lo DATE: TO: FROM: City Council Agenda Item December 10, 2024 Honorable Mayor and Council Members Amanda Mager, City Manager Ryan Plotz, Assistant City Attorney SUBJECT: Declare Certified Results oft the Blue Lake Municipal Election Held November 5, 2024; Determine Process to Resolve Tiei in Certified Results STAFF RECOMMENDATION: Declare the results oft the municipal election held November 5, 2024, and determine process for resolution ofa tie in the election results, by adopting Resolution No. 1235. EXECUTIVE SUMMARY: resolution as ExhibitA. The County of Humboldt Elections and Voter Registration Office has certified the November 5, 2024, Blue Lake Municipal Election results and has issued a Final Canvass, which is attached to the proposed The seven (7) candidates running for three (3) available full term seats received the following number of votes: CANDIDATE VOTES 233 285 210 245 148 245 250 Christopher Guy Firor Michelle Lewis-Lusso Christopher B. Edgar Adelene Jones Verda Winona N. Pitts Kat Napier John Sawatzky Based on the certified results, Michelle Lewis-Lusso and John Sawatzky should be declared elected as Members of the City Council for full terms. Kat Napier and Adelene Jones each received the third highest vote total and are, therefore, tied for the third remaining City Council position to be filled. Christopher Guy Firor, Christopher B. Edgar, and Verda Winona N. Pitts did not receive sufficient votes and should, therefore, not be declared elected as Members of the City Council. However, due to his prior appointment to fill the vacancy created when Councilmember MacKay resigned, Mr. Firor will continue The draft resolution includes aj process to resolve the tie between Ms. Napier and Ms. Jones, as follows: tos serve the remainder of Ms. MacKay'su unexpired term. First: the City Clerk shall type (or print) the name of each candidate who has tied Second: each picce of paper shall be folded and placed in a sealed identical cnvelope with no outward markings or distinguishing characteristics: for office on a separate, but identical picce of paper. Page Lof6 Third: the envelopes shall be deposited into a container and shuffled by a third Fourth: the City Clerk, or his or her designee, shall then draw from the container one envelope, which the City Clerk shall open. and read the name appearing on Fifth: the candidate whose name appears on the papers shall be deemed elected. person. the paper within the envelope. The above-procedures shall be conducted after the draft resolution is adopted and as part of the next Should the Council desire to change the above procedures, the change shall be made by amending the The draft resolution further directs the City Clerk to record the results of the election in the official records of the City and to take such further steps as necessary to seat the incoming Members of the City agenda item. draft resolution before moving its adoption. Council. RECOMMENDED COUNCIL ACTION: 1. Receive staffreport 2. Open public comment 3. Close Public Comment ATTACHMENTS: 4. Motion to Adopt Resolution No.1235 and read by title only. Roll call vote. Resolution No. 1235, A Resolution OfThe Cily Council OfThe Cily Of Blue. Lake Declaring The Resulis OfA Municipal Election Held November 5, 2024 Page 2 of6 RESOLUTION 2024-1235 Al RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF BLUE LAKE DECLARINGTHE RESULTS OF A MUNICIPAL ELECTION HELD NOVEMBER 5, 2024, AND DETERMINING: WHEREAS, a general Municipal Election was held in the City of Blue Lake on Tuesday, November 5, WHEREAS, notice of said election was published, election officers appointed, supplics furnished and that in all respects the election was held and conducted, and the votes thereof received and canvassed and the returns thereof made and declared in the time, form and manner as required by the General Laws of WHEREAS, the County Elections Department canvassed the returns of the election and has certified the results to this City Council, the results were received by the City Clerk, attached and made a part hercof WHEREAS, Section 15651 of the Elections Code of the State of California authorizes the City Council to determine the means and manner in which a tie vote is to be resolved in the event that two or more persons receive an equal and the highest number of votes ("tie votes") for an office to be voted upon in a WHEREAS, Section 15651 of the Elections Code of the State of California provides that the tie vote THE PROCESS FOR THE RESOLUTION OF A TIE 2024; and the State ofCalifornia governing election for general law cities; and as." "Exhibit A";and city; shall be resolved in one ofthe following ways: a) By Lot: The City Clerk, serving as the Elections Official pursuant to Elections Code S 320, or his or her designee, shall summon the candidates who have received the tie votes, whether upon the canvass oft the returns or upon recount by a court, to appcar before the City Council at a time to be designated by the City Council. The City Clerk shall at that time and place b) By Special Election: The legislative body may resolve a tie vote by the conduct ofa special runoff election involving those candidates who receive an equal number of votes. A special runoff election shall be held only ift the legislative body adopts provisions of $15651(b) of the Elections Code prior to the conduct of the election resulting in the tie vote. All future elections conducted by that body shall be resolved likewise, unless the legislative body later resolve the tie votes by lot (defined below). repcals the order for the conduct ofas special runoff election. WHEREAS, the City Council desires that any tie vote resulting from the November 5, 2024, General NOW,THEREFORE, the City Council oft the City of Blue Lake does resolve, declare, determine and Municipal Election be resolved by lot in accordance with the process set forth herein. order as follows: SECTIONI L That the whole number of ballots cast in the City was 1616. SECTION2. That the names of the persons voted for at the election for Member of City Council are as follows: Christopher Guy Firor Michelle Lewis-Lusso Page 3 of6 Christopher B Edgar Adelene Jones Verda Winona N. Pitts Kat Napier John Sawatzky SECTION3. The City Council does declare and determine as follows: a. Michelle Lewis-Lusso is elected as Member of the City Council for the full term of four b. John Sawatzky is clected as Member oft the City Council for the full term of four years; Adelene Jones and Kat Napier received an equal amount of votes, and the resolution of this tie shall be resolved in accordance with Section 15651 of the Elections Code and d. Christopher Guy Firor is not elected as a Member of the City Council; provided however, that due to his appointment by the City Council to fill the vacancy created when Councilmember MacKay resigned, Mr. Firor will continue to serve as a Member of the City Council for the remainder of the unexpired term ofCouncilmember MacKay; Christopher Edgar is not clected as a Member oft the City Council; and Verda Winona N. Pitts is not elected as a Member oft the City Council. years; Section 4 ofthis Resolution; SECTION4. Due to the presence ofa tie between Kat Napier and Adelene Jones for the third and final remaining City Council position to be filled, it is necessary to resolve the tie by lot in accordance with Section 15651 of the Elections Code. "By lot" means, by deciding the. matter through implementing a method of chance, in order to afford each candidate receiving tie votesa fair opportunity at election. The City Council has the authority to resolve tie votes by implementing various methods of chance, including, but not limited to, a coin toss, generation of Int the interest of maintaining decorum, fairness and transparency, the method implemented for resolving tie votes in the November 5, 2024, General Municipal Election shall be the drawing of random number, or drawing of names. names, in accordance with the following procedure: First: the City Clerk shall type (or print) the name of each candidate who has tied for office on a separate, but substantially identical piece of paper. Second: each piece of paper shall be folded and placed in a sealed, identical envelope with no outward markings or distinguishing characteristics. Third: the envelopes shall be deposited into a container and shuffled by a third Fourth: the City Clerk, or his or her designee, shall then draw from the container one envelope, which the City Clerk shall open and read the name appearing on Fifth: the candidate whose name appears on the paper shall be deemed elected. person. the paper within the envelope. Page 4 of6 SECTION5. The City Clerk shall enter on the records of the City Council of the City of Blue Lake, a statement of the result of the election (Exhibit A), showing: (I) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) for what office cach person SECTION6. That the City Clerk shall make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of office prescribed. in the Constitution oft the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons sO clected shall then be inducted into the respective office to which they have SECTION7. That the City Clerk shall certify the passage and adoption of this resolution and was voted for; and (4) the total number ofvotes given for each person. been elected. enter it into the book of original resolutions. PASSED AND ADOPTED on December 10, 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Adelene Jones, Mayor ATTEST: City Clerk CERTIFICATE ,City Clerk oft the City of Blue Lake, do hereby certify that Resolution No. 1235 was PASSED AND ADOPTEDat: a special meeting ofthe Blue Lake City Council held the IOth day of December 2024. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Blue Lake, California, on this 1Oth day of December 2024. City Clerk City of Blue Lake Exhibit A Page: 5 of6 ITOI BE INSERTED! Page 6 of6 HUI RECEMED DEC-05:2024 Humboldt County Office of Elections 2624 6th St, Eureka, CA 95501 Juan Pablo Cervantes, Clerk, Recorder & Registrar of Voters Within this packet you will find the Certificate of Results as well as the final report of election results for the 2024 November General Election. CERTIFICATION OF RESULTS OF THE CANVASS OFTHE NOVEMBER 5, 2024, GENERAL ELECTION COUNTY CLERK/REGISTRAR OF VOTERSOFTHE STATE OF CALIFORNIA COUNTY OF Humboldt SS. Juan Pablo Cervantes County Clerk/Registrar of Voters of County of Humboldt do hercby certify that, inj pursuance oft thej provisions ofl Elections Code section 15300, et seq., Idid canvass the results of thes votes cast int the General Election held insaid County on November 5,2024, for measures and contests that were: submitted to the vote oft the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true, andcorrect. Ihereby set myl hand and official seal this 3rd day of December 2024, att the County of Humboldt SW County Clerk/Registrar County of Humboldt State of California DRT ofVoters CLLR Canvass Certification of Elections Official (11/2024) HELP AMERICA VOTE ACTOF 2002 CERTIFICATION OF ELECTIONS OFFICIAL STATE OF CALIFORNIA COUNTY OF Humboldt SS. Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 ((HAVA). 52 U.S.C. $21083), I, Juan Pablo Cervantes Humboldt County Clerk/Registrar of Voters for the County of State of Califomia, hereby certify that I complied with all provisionso of Chapter 2 ofDivision 7 ofTitle2 oft the Califomia Code of] Regulations for the) Federal election heldon the 5th day ofNovember 2024, int the County of Humboldt State of California and all elections consolidated therewith. Ihereby set my hand and official seal this 3rd day of December 2024, att the County of Humboldt ConyClerkRegistrar of Voters AR Eounty of Humboldt State of California er HAVA Certification of Elections Official (11/2024) abejuapad inoun SJajoA pauajsibay se)s s1o/egje1o1 1se) slo1egi lew Aqa a1oA 15e) siojeg sajuapa aoA suI-aum payenbun sajonano sajonapun sajoAise) Azemes uyor sadeN 1ex S1ld" 'NE euouIM epiaA sauor auajpv ebpas 8 saydoisuyp 055n7-S1Ma7 ayaypiw 10114 Ang aydoisuyp 8 3 8 6 3 3 : s N 3 3 - 3 3 S 9 9 3 1 : 8 B 5 8 3 City ofBlue Lake City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 7 December 10, 2024 City Council Tie Breaker Mandy Mager, City Manager General Information: City Council to conduct the Council tie-breaker as identified in Resolution number 1235. Background Material Provided: See Item number 61 for resolution Fiscal Impact: N/A Recommended Action: Conduct the tie breaking action as identified in the resolution. Review Information: City Manager Review: R Legal Review: B Planner Review: D Engineer: D Comments: City ofBlue Lake & City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 8 December 10, 2024 New Councilmembers Oath of Office and Pledge of Civility Mandy Mager, City Manager General Information: The City Clerk will issue the Oath of Office and the Pledge of Civility to new Councilmembers. Background Material Provided: Oath of Office and Pledge of Civility Fiscal Impact: N/A Recommended Action: N/A Review Information: City Manager Review: B Legal Review: - Planner Review: D Engineer: D Comments: City of Blue Lake PLEDGE CIVILITY F OF The manner in which we govern ourselves is often as important as the positions we take. The Council's collective decisions will be better - and truer to our mission - when differing views have the opportunity to be fully vetted and considered. All those who appear before the Council have the right to be treated with respect, courtesy, and openness. We value input. Accordingly, we commit to conduct ourselves with civility and courtesy, to both those with whom the Council interacts and to each other. We also pledge to endeavor to correct ourselves, should our conduct fall below this standard. City Council Member City of Blue Lake Date City of Blue Lake Oath of Office STATE OF CALIFORNIA, County ofHumboldt SS. I, do solemnly swear that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear true faith and allegiance tot the Constitution oft the United States and the Constitution of the State of California; that Itake this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Subscribed and sworn to before me, this 10th day of December 2024. City Clerk, City of Blue Lake City of Blue Lake City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 9 December 10, 2024 Appointment of Mayor: and Mayor Pro-Tem Mandy Mager, City Manager General Information: After the seating oft the Council is complete, the Council must appoint a Mayor and a Mayor Pro- Tem to serve a two-year term. The Mayor serves as the presiding officer and acts as chair at: all The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all proceedings, unless a conflict ofinterest occurs. During Council proceedings, the Mayor facilitates discussion, gauges directions, and listens for the majority support to calling for a vote on a motion. The Mayor does not possess any power to veto. State law allows the Int the absence oft the Mayor, the Mayor. Pro Tempore shall perform the duties of the Mayor. When both the Mayor and Mayor Pro Tempore are absent, the Mayor will designate from amongst the Council Members a person to: serve as. Acting Mayor, who shall, for the term ofs such absence, have the powers of Background Material Provided: Role of Mayor and Mayor Pro-Tem from City Council Roles and meetings of the City Council. Mayor to move or second a motion. the Mayor. Responsibilities Manual Fiscal Impact: N/A Recommended Action: Council to appoint through action the Mayor and Mayor Pro-Tem Review Information: City Manager Review: R Legal Review: D Planner Review: D Engineer: D Comments: Council Members report back, to the entire Council and citizens, on what has happened at board, committee, commission and liaison meetings at our bi-monthly City Council Meeting. Council Members study problems, review alternatives and determine best course of public policy. They call special elections as necessary. Role of Mayor and Mayor Pro Tempore Presiding Officer The Council selects the Mayor and Mayor Pro Tempore at the beginning of each Council term at the first regularly scheduled meeting after elections are certified. This is a two-year term. The Mayor serves as the presiding officer, unless otherwise delegated, and acts as chairat all meetings of the City Council. The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all proceedings, unless a conflict ofi interest occurs. During Council proceedings, the Mayor facilitates discussion, gauges directions, and listens for the majority support to calling fora vote on a motion. The Mayor does not possess any power to veto. State law allows the Mayor to move or second a motion. Ceremonial Representative and Other Duties oft the Mayor Responsibility to act: as the City Council's ceremonial representative at public events and functions has been assigned to the Mayor. In the Mayor's absence, the Mayor shall appoint a Council Member representative to perform a ceremonial role. However, all Council Members are encouraged toj participate in public events. The Mayor may initiate and execute certificates ofa appreciation and recognition, and all Council-approved proclamations. In the absence oft the Mayor, the Mayor Pro Tempore shall perform the duties oft the Mayor. When both the Mayorand Mayor Pro Tempore are: absent, the Mayor will designate from amongst the Council Members a person to serve. as Acting Mayor, who shall, for the term of such absence, have the powers of the Mayor. Resignation of Mayor or Mayor Pro Tempore Ifthe Mayor or Mayor Pro Tempore resigns from their position, the City Council will select al new Mayor or Mayor Pro Tempore at the next regularly scheduled meeting. Incompatibility of Office In general, California law prohibits publicofficials from simultaneously holding more. than one publicoffice when the functions or responsibilities oft the two offices have the potential for overlapping. This prohibition arises from the concern over potential clash oft two City ofBlue Lake City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 10 December 10, 2024 City of Blue Lake Commission Appointments Mandy Mager, City Manager General Information: The City has a commissioner vacancy on the Parks and Recreation Commission and the Public Safety Commission. Both vacancies have been advertised and the City has received an application Gloria Baker has applied for the vacant seat and the staffr recommends that the City Council appoint her to the position. Gloria is an enthusiastic advocate for the community: and regularly participates Gloria has a background in event promotion and management and currently serves as the Arcata Chamber of Commerce's Operations and Event Manager. Gloria has been instrumental in promoting local artisans in our community as well as local food producers. As the co-manager of the Blue Lake Sunday Socials, Gloria is well connected to resources, vendors and producers in our for the Parks and Recreation commissioner position. in the City's parks and recreation events. community and local region. Background Material Provided: Commissioner Application-Gloria Baker Fiscal Impact: N/A Recreation Commission. Recommended Action: Appoint Gloria Baker to the open commission seat on the Parks and Review Information: City Manager Review: K Legal Review: L Planner Review: D Engineer: D Comments: CITY OF BLUE LAKE Post Office Box 458 . 111 Greenwood Road . Bluel Lake, CA 95525 Phone 707.668.5655 Fax 707.668.5916 City of Blue Lake Commission Application Commission That You Are Applying For:Parks & Recreation Commision Name: Gloria Baker Residence Address: 337 Shamrock Lane Unit C Blue Lake, CA 95525 Primary Phone No.: 2096140108 Email Address: 90.baker9b@gmal.com Alternate Phone No.: Educational Background (Last Year Completed): Bachelors Degree. from HSU Length ofTime Living/Working in Blue Lake: 4 years Present Employer: Arcata Chamber of Commerce Job Title: Operations and Events Manager Position Applying for: Commissioner: x Advisory Member: On a separate piece of paper, please provide detailed answers to the following questions: 1. What community organizations are you currently involved with? 2. What unique skills or qualifications do you bring to the position? 3. What do you view as the main goal/purpose ofthe Commission? Commission? 4. What contribution(s) can you make to the goal/purpose ofi the Outlook Parks and Recreation Commission Application From Glo gobakeybogmal.om, Date Tue 11/26/2024558PM. 1attachment (278KB) Commision-Application2022-2pd: To - ymangerebvaaecagon dymaneonueagon Hello! Thank you for reviewing my application. Please let me. know if you have any questions. Long form answers from application: 1. What community organizations are you currently involved with? -l'am a coordinator for the Blue Lake Block Parties and Blue Lake Sunday Socials. 2. What unique skills or qualifications do you bring to the position? Ithink my experience in small and large scale event planning throughout Arcata and Blue Lake are a huge skill. It think my love for Blue Lake and all of it's events City ran and others are an important qualification. 3. What do you view as the main goal/purpose of the Commission? - Making sure that facilities; programs, events, and parks are designed to fit the community and kept up to date and serviced. Iview the purpose to be bringing together the community under the 4. What contribution(s) can you make to the goal/purpose of the Commission? -Ihave a lot ofi ideas and passion for the current state of Blue Lake and also what could be 10-15 years down the line. strongly value that all of our areas for recreation can be really good for our town and those coming ini from near and far to enjoy it. Ican help advise on events, brainstorm new umbrella of fun, health and wellbeing, play and education. programs and events, and honestly anything that may be needed. CITY OF BLUE LAKE Commission nformation-Mleeting Dates & Maddy Act Posting The City of Blue) Lake has five commissions; each commission is tasked with specific areas ofinterest. The commissions meet monthly and make recommendations to the City Council for consideration. The Planning Commission has additional authorities as identified int the City's Municipal Code. Parties interested in filling vacancies must fill out a Counci/Commission/Committee application and return it to City Hall for Council consideration. Thea application is available at City Hall, or on the City's website at www.bluelake.cagoy PLANNING COMMISSION 3rd Monday at 7:00PM-Skimner Store ECONOMIC DEVELOPMENT COMMISSION 2nd Tuesday at 4:30PM-Skimmer Store COMMISSIONER: CORTI PRYOR JASON CSEH MATTHEW SCHANG MATHEW: ISAAC ELAINE HOGAN APPT. DATE: END DATE: COMMISSIONER: APPT. DATE: ENDDATE: 02/14/17 02/28/24 02/19/19 02/27/24 03/26/24 08/14/18 03/26/24 08/27/24 10/22/24 08/27/24 06/30/26 ROXANNE ROTHERY 06/30/26 CINDY TROBITZ-THOMAS 06/30/28 DARCEY LIMA 06/30/28 KELLICOSTA 06/30/28 JAKE HUSSIN 1/30/25 1/30/26 1/30/25 1/30/26 1/30/26 Description: Thel Planning Commission: shall prepare, periodically Description: The Economic Development Commission shall consist of five Implement the General Plan through actions including, but not limitedt to, ori more oft the following areas: banking, real estate, the arts, agriculture, small review, andi recommend: revisions asi necessary tot the General Plan. the administration of specific plans and zoning and subdivision PARKS AND RECREATION COMMISSION Ist Wednesday at 6:30PM-Skimner Store members whos shall be selected for their interest, knowledge or experience in one business, tourism, industry, commerce, construction, housing, science: and ordinances. technology, or employee relations. PUBLICSAFETY COMMISSION Ist Monday at 7:00PM-Skimer Store COMMISSIONER: BETTINA EIPPER JANI HENRY JEFF BYRD JAMES BROWN VACANT APPT. DATE: END DATE: COMMISSIONER: APPT.DATE: ENDDATE: 02/14/17 02/28/24 01/31/23 03/26/24 10/22/24 02/28/24 03/26/24 08/27/24 07/25/23 1/30/2026 JASON CREWS 1/30/2026 KIM WARVI 1/30/2026 PHIL NAVA 1/30/2025 VACANT 1/30/2025 ALEXANDER RICCA 01/30/25 01/30/26 01/30/25 01/30/26 01/30/26 Description: Thel Parks and Recreation Commission shall serve Description: The Public Safety Commission shall act as a liaison to the in an advisory capacity to the City Council in all matters pertaining community and the Council ini matters relating to public safety: issues to public recreation, the City's parks and recreation facilities. include traffic and pedestrian safety, emergency: preparedness and response activities, and neighborhood: safety. Maddy Act Posting Notice: At the end of each calendar year, the City Clerk publishes a list ofall appointments to regularand. 54970. This list will bej posted at the local library branch and online, and updated when needed. Parties interested in filling vacancies must fill out a Counci/Commission/Committee application and return it to City Hall for Council consideration. ARTS AND HERITAGE COMMISSION 2nd Monday at 6:30PM-City. Hall COMMISSIONER: ALICE FINEN ELIZBETH MACKAY JULIE DOUGLAS RANDY TORONI SHERRI GREEN APPT.DATE: END DATE: ongoing commissions which are appointed by the City Council. 09/26/23 08/27/24 11/14/22 11/14/22 11/14/22 1/30/25 This is done pursuant to the Maddy Act, Government Code Section 1/30/26 1/30/25 1/30/25 1/30/26 The application is available at City Hall, or on the City's website at Description: The Arts and Heritage Commission shall serve as policy advisors and proponents as appropriate and will actively participate in the furtherance oft the City's artistic, cultural and www.bluelake.cagoy historical development. Posting Date: 12/06/24 CITY OF BLUE LAKE VOLUNTEERS WWW.BLUELAKE.CA.GOV NEEDED... COMMISSION OPENINGS The City of Blue Lake has Openings on the Following Commissions; Applications can be Found on the City's Website, or by Contacting City Hall: Park and Recreation (1) Public Safety Commission () Commission Applications are Reviewed at the Regular City Council Meeting on the 4th Tuesday of the Month 707-668-5655 CONTACTUS: www.bleldkeca.gow City ofBlue Lake OR City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: IL December 10, 2024 City of Blue Lake Draft Housing Element Presentation and PublicH Hearing Mandy Mager, City Manager General Information: On November 18, 2024, City staff presented the final draft of the City'sl housing element to the Planning Commission, including the draft CEQA analysis. The Planning Commission received the presentation and made a formal recommendation for adoption to the City Council. On November 26, 2024, the City Planner, Garry Rees, presented the final draft oft the City of Blue Lake Housing Element, along with the accompanying CEQA analysis to the City Council and Staffv will be conducting a final presentation and public hearing of the final draft for the Council and community's review on December 10, 2024 and will be seeking adoption oft the document at the The process of updating the housing element has taken over three years and has included numerous community meetings, town hall presentations, as well as direct outreach to local resource. agencies and individual meetings to address community member concerns. The City has received State funding to complete the update and adoption process, and the final adoption will Background Material Provided: City Planner Staff Report-The Draft Housing Element and the conducted a public hearing. City Council meeting on January 28, 2025. achieve compliance with State mandates. CEQA document is available at City Hall and on the City's website. Fiscal Impact: N/A Recommended Action: Receive the presentation and add the adoption oft the Housing Element to the January 28, 2025 Council Meeting. Review Information: City Manager Review: R Legal Review: D Planner Review: K Engineer: D Comments: CITY OF BLUE LAKE Post Office Box 458 . 111 Greenwood Road . Blue Lake, CA 95525 Phone 707.668.5655 Fax 707.668.5916 December 10, 2024 TO: Blue Lake City Council FROM: Garry Rees, City Planner RE: Agenda Item 11: City of Blue Lake Housing Element Presentation and Public State law requires cities in Humboldt County to update their General Plan Housing Elements approximately every 8 years, which is referred to as al Housing Element planning cycle. The current cycle is for the 2019- - 2027 planning period (6th cycle). The City received funding from the California Department of] Housing and Community Development (HCD) through the Local Early Action Planning (LEAP) and Regional Early Action Planning (REAP) grant programs to update its Housing Element for the 6th cycle to achieve compliance with State housing law.Since receipt of the first grant funds in 2021, City staff has worked with the Planning Commission on updating the General Plan Housing Element, which has included discussions at numerous Commission meetings, several public hearings, interviews with community stakeholders, and presentations at two town hall meetings. The current draft oft the Housing Element Update is available on the City's Hearing website at the following link: https//bluelake.caow/cty-comndllgeneral-plan/ The Draft Housing Element Update includes an analysis required by State law related to: 1) a review of past accomplishments under the last Housing Element update adopted by the City; 2) existing demographics and housing characteristics; 3) land, financial, and administrative resources available to meet housing demand; and 4) market, government, The Humboldt County. Association of Governments (HCOAG), a regional planning agency, is responsible for allocating the Regional Housing Need Assessment (RHNA) to individual jurisdictions within the County. The RHNA is distributed byi income category. The City of Blue Lake has been allocated a RHNA of23 dwelling units (7 very low, 41 low, 5 moderate, and 7 above moderate income units) for the 2019-2017 planning period (6th cycle). The City also has a carryover ofi 11 dwelling units from the 2014-2019 planning period (5th. cycle).Therefore, the City must plan for both its! 5th and 6th cycle RHNA: in the 6th cycle Housing Element. The Housing Element Update itself does not create physical residential and environmental constraints. growth in the City. The City must ensure the availability of residential sites at adequate densities and appropriate development standards to: accommodate the RHNA.The Draft Housing Element Update identifies available sites that are currently zoned for residential development during the 2019 - 2027 planning period (6th cycle), which exceeds the City's RHNA allocation, including sites located within the Powers Creek District. The Draft Housing Element Update also includes programs that propose amending the City's Zoning Code for the following reasons: 1) to ensure consistency with current State housing law (see Housing Element Programs HI-1, HI-2, HI-7, HI-17,and HI-23); 2) to create a Multi-Family Combining Zone that would allow multi-family projects without discretionary review or by-right at a density of16 units per acre (see Housing Element Program HI-14); 3) to remove potential constraints to the development of multi-family housing (see Housing Element Program HI-19); 4) to comply with the requirements for objective design standards in Government Code Section 65589.5, subdivision () (see Housing Element Program HI-21); and 5) to minimize the potential for confusion regarding the applicability oft the City's design guidelines (see Housing Element Program HI-22). On September 20, 2023, the City received a determination letter from HCD reporting the results oftheir review of the City's 6thcycle Draft Housing Element Update (see Attachment 1). The letter concluded that the revised draft element meets the statutory requirements of State Housing Element law, with the following exception: "Generally, pursuant to Government Code section 65584.09, ifa city did not make available sites to accommodate the regional housing need allocation (RHNA), then the city shall, within the first) year oft the planning period of the new element, rezone adequate sites to accommodate the unaccommodated portion of the RHNA from the priorp planning period. The City has an unaccommodated need from the prior planning period (Table 20). Since more than aj year has lapsed from the beginning oft the current planning period, the element cannot be found in compliance until the required rezoning is complete. Specifically, the element cannot be found in compliance until Program HI-14 (Rezoning and. By Right Procedures) is implemented to meet the unaccommodated need from the. 5th cycle RHNA. Once the rezoning has been completed, the City should submit documentation (e.g., resolution, ordinance) to HCD and HCD will review and approve the element in Additionally, pursuant to Government Code Section 65583.3, the HCD review letter stated that the City must submit an electronic sites inventory with its adopted Housing Element. This is similar to the sites inventory contained in the element update but must be provided in the electronic form required by HCD after the City has adopted its element. After receiving the review letter from HCD indicating that the City could move forward with adoption ofi its Draft Housing Element Update, City staff prepared a California Environmental Quality Act (CEQA) Initial Study (IS) for the element update. As discussed in the Draft IS, the project description analyzed in the document is the updated policies and programs proposed by the Housing Element Update. As concluded in the Draft IS, itis found that the Housing Element Update would not have a significant effect on the accordance with Government Code: section 65585." environment. As stated in several sections oft the Draft IS: 2 "The Housing Element Update is a policy document that does not result in physical changes to the environment but encourages the provision of housing in areas oft the City that are already designated and zoned to allow residential development. While policies could require amendments to the. Zoning Code or result in actions ofthe City that could cause a physical change, the policies would not result in specific physical changes to the environment. Additionally, any amendments to the. Zoning Code would be subject to Therefore, iti is recommended by City stafft that a Negative Declaration is the appropriate As required by CEQA Guidelines Sections 15073(d) and 15105(b), the CEQA document prepared for the project was sent to the State Clearinghouse (SCH#: 2024091022) fora3 30- day circulation period. The circulation period began on 9/26/24 and ended on 10/27/24. As required by CEQA Guidelines Section 15072(a), a' 'Notice of Intent to Adopt a Negative Declaration' was submitted to the State Clearinghouse, posted in 3 public places in the city, and filed with the County Clerk-Recorder's Office prior to thel beginning oft the circulation period.The CEQA document was also posted on the City's website prior to the beginning of the circulation period. Comments that have been received on the Draft IS to date are included as Attachment 2 to this staff report. Based on the comments received, minor revisions were made to the Draft IS. Additions made to the Draft IS are shown in underlined and bolded text and deletions are shown with strikethroughs. The revised Draft IS (dated November 2024) is available on the City'swebsite at the link provided above for With HCD determining that the Draft Housing Element Update is ready for adoption and the CEQA document being circulated for public comment, the next step in the process was * for the Planning Commission to make a recommendation to the City Council regarding adoption of the element update. At their regularly scheduled meeting on November 18th, the Planning Commission held aj public hearing and adopted Resolution No. 2-2024, which contains the Planning Commission's recommendation to adopt the element update and a CEQA Negative. Declaration (see Attachment 3). For additional information about the Housing Element Update, attached is a presentation given to the Planning Commission at their November 18th meeting and the City Council at their November 26th meeting (see Now that the Planning Commission has made a recommendation to the City Council, the next stepi is for public hearings to be held by the City Council to review the recommendation from the Planning Commission, receive comments from thej public, and consider adoption of the CEQA Negative Declaration and Housing Element Update. This item has been included on the agenda for this meeting as aj public hearing, to provide the City Council the opportunity to review the Draft Housing Element Update, receive public comment, and ask questions of staff. Since this meeting will be the first meeting of the new City Council, iti ist not anticipated that the Council will take action on adoption of the Housing Element Update at this meeting. As such it is recommended for the Council to continue the public hearing to the regularly scheduled meeting on January 28, 2025. moleteypecfcemirvmmeann. review pursuant to CEQA." CEQA.determination for adoption oft the Housing Element Update. the Draft Housing Element Update. Attachment 4). 3 RECOMMENDATION: 1). Receive aj presentation from City staff on the City's Draft General Plan Housing Element Update. 3) Close the public hearing. 2) Open the public hearing and receive public testimony. 4) Discuss the Draft General Plan Housing Element Update and ask questions of City 5) Continue the public hearing to the regularly scheduled meeting on January 28, 2025. staff. 4 CITY OF BLUE LAKE Post Office Box 458 . 111 Greenwood Road . Blue Lake, CA 95525 Phone 707.668.5655 Fax 707.668.5916 NOTICE OF PUBLIC HEARING Notice is Hereby given that the City Council of the City of Blue Lake will conduct a Public Hearing on the following General Plan amendment at a special meeting on December 10, 2024. Amendment of the General Plan Housing Element for the 2019-2027 Housing Element planning period (6th cycle) to comply with State housing law: State law requires cities in Humboldt County to update their General Plan Housing Element for the 2019-2027 planning period (6h cycle). The City ofBlue Lake has prepared a Draft Housing Element which includes an analysis required by State law related to: 1)areview of! past accompishments under the last Housing Element update adopted by the City; 2) existing demographics and housing characteristics; 3) land, financial and, administrative resources available to meet housing demand; and 4) market, government, and environmental constraints. The Humboldt County Association of Governments (HCOAG), a regional planning agency, is responsible for allocating the Regional Housing Need Assessment (RHNA) to individual jurisdictions within the County. The RHNA is distributed by income category. The City of Blue Lake has been allocated a RHNA of23 dwelling units (7 very low, 4 low, 5 moderate, and 7 above moderate income units) for the 2019-2017 planning period (6" cycle). The City also has a carryover of11 dwelling units from the 2014-2019 planning period (5th cycle). Therefore, the City must plan for both its 5th and 6th cycle RHNA in the 6th cycle Housing Element. The Housing Element itselfdoes not create physical residential growth in the City. The City must ensure the availability of residential sites at adequate densities and appropriate development standards to accommodate the RHNA. The Draft Housing Element identifies available sites for residential development during the 2019- - 2027 planning period (6th cycle), which exceed the City's RHNA allocation, including sites located within the Powers Creek District. The Draft Housing Element includes programs that propose amending the City's Zoning Code for the following reasons: 1) to ensure consistency with State housing law; 2) to create a Multi-Family Combining Zone to allow multi-family projects without discretionary review or by-right at a density of16 units per acre; 3) to remove potential constraints to the development ofmulti-family housing; 4) to comply with the requirements for objective design standards in Govt Code Section 65589.5, subdivision (f); and to minimize the potential for confusion regarding the applicability ofthe City's design guidelines. The recommended environmental determination for the proposed General Plan amendment is a Negative Declaration pursuant to California Enyironmental Quality Act Guidelines Article 6. The City Council meeting will be held at 6:30 P.M. at the Skinner Store behind Blue Lake City Hall, 111 Greenwood Avenue, Tuesday, December 10, 2024. All interested parties are invited to attend. This meeting will be held inj person at the location listed above. The City will provide alternative methods of participation for the convenience ofthe public. However, the City does not guarantee that there will not be technological issues or interruptions. Thej public is hereby notified that ifthere is a technological issue with live video streaming oft the meeting, the meeting will continue inj person as scheduled. The public may access and participate in the public A) Zoom: The: meeting will bel live streamed via Zoom (details below). The direct Zoom link will also be posted on the City ofBlue Lake website Citps/bhuclkeengow), During the meeting, public comment may be made by using the raise hand feature on meeting using one or more of the following methods: Zoom. Public input will be facilitated by Zoom at the following meeting link: tps/us0/web.zom.8/829855450Ppwd-bMIaZUVAwAMOCye08bN370bX9TVJ.1 Meeting ID: 827 9855 4509 Passcode: 073269 Dial by your location: +1 6699006833 US (San Jose) B) In-Writing: Public comments may also be made in advance by submitting written comment via citymanager@bluelake.ca.gov or by filing it with the City Clerk at 111 Greenwood Road, Blue Lake, California, 95525. All public comments (via email or mail) must be received by the City Clerk prior to 4:30 p.m. the day ofthe meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments, sO received, will be forwarded to the City Council. Written public comments will not be read aloud during the meeting. Please note that, pursuant to Section 65009 ofthe Government Code, as amended:ifyou challenge City action on the above General Plan amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Blue Lake City Council at or prior to the public hearing, Ift the City Council continues the public hearing described in this notice, this will continue the Documents relating to the above General Plan amendment are available for review on the City's website PNCIcSsISnismeray and at the City Clerk's office, 111 Greenwood Avenue, Blue Lake, CA, weekdays, 9:00. a.m. to noon, and 1:00 p.m. to 4:00 p.m. opportunity for public comment on the above General Plan amendment. November 29, 2024 SE Attachment 1 California Department of Housing and Community Development Review Letter for City of Blue Lake's 6th Cycle (2019-2027) Revised Draft Housing Element STATE OF CALIFORNIA- BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GAVIN NEWSOM, Governor DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. EIC Camino Avenue, Suite! 500 Sacramento, CA 95833 (916)2 28291VFAX01028363 www.hcd.ca.gov September 20, 2023 Amanda Mager, City Manager City of Blue Lake PO Box 458 Blue Lake, CA 95525 Dear Amanda Mager: RE: City of Blue Lake's 6th Cycle (2019-2027) Revised Draft Housing Element Thank you for submitting the City of Blue Lake's (City) revised draft housing element received for review on August 28, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development The revised draft element meets the statutory requirements of State Housing Element Law, including as described in HCD's August 29, 2022 review. However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones as described below. The housing element will substantially comply with State Housing Element Law (Gov. Code, S 65580 et seq.) when the necessary rezoning is complete and the element is adopted, submitted to, and approved by HCD, Generally, pursuant to Government Code section 65584.09, if a city did not make available sites to accommodate the regional housing need allocation (RHNA), then the city shall, within the first year of the planning period of the new element, rezone adequate sites to accommodate the unaccommodated portion of the RHNA from the prior planning period. The City has an unaccommodated need from the prior planning period (Table 20). Since more than a year has lapsed from the beginning of the current planning period, the element cannot be found in compliance until the required rezoning is complete. Specifically, the element cannot be found in compliance until Program HI- 14 (Rezoning and By Right Procedures) is implemented to meet the unaccommodated need from the 5th cycle RHNA. Once the rezoning has been completed, the City should submit documentation (e.g., resolution, ordinance) to HCD and HCD will review and approve the element in accordance with Government Code section 65585. (HCD) is reporting the results of its review. ina accordance with Government Code section 65585. Amanda Mager, City Manager Page 2 As a reminder, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD's housing element webpage at ntps/wawhedcasoupanksmmainisedevebomenthousnge elements for a copy of the form and instructions. The City can reach out to HCD at Public participation in the development, adoption and implementation of the housing element is to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government's website and to email a link to all individuals and organizations that have previously requested notices relating to the local government's housing element at least seven days before submitting to For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. Fori information, please see the Technical Advisories issued by the Governor's Office of Planning and Research at: tps/Nww.oprcagowpamnogererataeanquideines.htm, Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's Affordable Housing and Sustainable Communities programs; and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding HCD appreciates the hard work, cooperation, and responsiveness the City's housing element team provided throughout the housing element review and update. If HCD can provide assistance in implementing the housing element, please contact Andrea Grant, Sitesinventoryl@hcd.ca.gov for technical assistance. HCD. sources. of our staff, at AndreaGantancdeasot. Sincerely, Paul McDougall Senior Program Manager Attachment 2 Comments Received on the Draft CEQA Negative Declaration for the Blue Lake General Plan Housing Element Update 10/17/24, 10:00AM Mail- Garry Rees Outlook Outlook Re: NCRWQCB comment on Blue Lake Housing Element From Garry Rees greseshr-engr.com> Date Thu 10/17/2024 10:00AM To Bauer, Heidi M.QWaterboards Hedi.MBauereWateboardscagov> Cc McLaughlin, Kelsey R.@Waterboards kelsey,Matanginewateboatsagon,dynangerebuelakecagox clymanagerobluelakecagov,leanna Brotherton boneronemn-engrcom, 2a attachments (4MB) Figure 3 Vacant Parcels Map. HE Update Neg Dec pdf GeoTracker BL LUST Cleanup: Sites. pdf: Heidi, Update. Thank you for your comments on the CEQA Negative Declaration for the Blue Lake Housing Element Attached is the vacant parcels map (Figure 3) included on page 6 of the Negative Declaration prepared for the Housing Element Update. This map shows the parcels that are included in the site inventory of the Housing Element Update and are projected to be likely developable for residential uses. Also attached is a map from the Geotracker website showing the leaking underground storage tank (LUST) cleanup sites in the City of Blue Lake. To clarify and asi indicated on the attached maps, none of the vacant parcels shown on Figure 3 are sites that are listed as hazardous materials sites that are under the Therefore, the City's Housing Element Update is not planning for residential development on the LUST oversight of the North Coast Regional Water Quality Control Board. cleanup sites int the City. Thanks. Garry Rees, AICP Principal Planner V A7 Civil Engineering, Environmental. Services, Geosciences;, Planning & Permitting, Surveying www.shn-engr.com 812W Wabash Ave, Eureka, CA 95501. (707)441-8855 From: Bauer, Heidi M.@Waterboards Meldi..sauerewateWaterpoards.cagov Sent: Monday, September 30, 20242:29PM htpsloutokolioe.comimatinbo.la/OAAAZIANDmIWEW.PMANDYAYSONGVIWMOWEZAWEINTIMNOAOALFCMo:2E4BmkZCaik. 1/2 10/17/24, 10:00AM Mail- Garry Rees Outlook To: Garry Rees gresesnn-engr.com> Cc: McLaughlin, Kelsey R.@Waterboards KeseyMclaupninewaterpoaris.cagop Subject: NCRWQCB comment on Blue Lake Housing Element CAUTION: This email originated from outside the organization. Do not clicki links or open attachments unless you recognize the sender and know the content is safe. Dear Garry Rees, we reviewed the City Of Blue Lake proposed housing element The Cityof Blue Lake 2019-2027 Housing. Element Update (ca.gov). and as noted in the Initial Study on Pages 74 -78 there are nine sites listed as hazardous materials release sites, most of them being under the oversight of our agency, the North Coast Regional Water Quality Control Board. While these sites are considered closed, most of them were closed using screening criteria intended for the current use which most often was commercialindustial. Since these sites were closed using commercial screening criteria, they may contain contaminants above residential screening thresholds and thereby not be appropriate for residential development without further investigation and/or remediation. Furthermore, some of these sites already have soil management plans which require proper management and handling of any soils excavated at the site. This is because the remaining soils at the site are above screening levels, and while they pose no significant threat to human health or the environment as undisturbed soils in the current use setting, they could pose a threat if unearthed without proper mitigations. We are supportive of the Housing Element for the City of Blue Lake, but please note that precautions and additional work may be necessary in order to develop these parcels into residential units sO that there are no significant health risks to future occupants. Please let me know if you have any questions or would like to discuss this further. Best, Heidi Heidi M. Bauer, P.G. Senior Engineering Geologist Site Cleanups Unit Supervisor 5550 Skylane Blvd. Suite A Santa Rosa, CA. 95403 heldam.bauer@waterboards.cagov Office: (707)570-3769 North Coast Regional Water Quality Control Board Water Boards htpsloutookalice.commaltinbou/GIAGMDPAZIANDMmIWEMZIMANDYSONCVIWMOWEZNMEMTIANOAOALAFONa2E4BmA6ZCalN. 2/2 faav. e EXPLANATION ..FCTYIMTS VACANT PARCELS LIKELYDEVELOPABLE QUESTOMABYONVIOPABLE IKLLYNOTDEVCIOPABLC Vacant Parcels with Residential & Mixed Use Zoning SHN021022.001 1,200 1"=1 1,200'1 - SRA7 City of Blue Lake Housing Element Update Blue Lake, California February 2022 Fyme.aemifreslow Figure3 3 6Page Sparchf fora aProjcct Scarchf fora on/ Address Bloplaton BluelakoPatriot ECTRIC Blue Resoure ggger CHOOSE FIELDS STATUS COMPLETED- CASE CLOSED ANDIEATHER COMPLETED CASE CLOSED COMPLETED- CASE CLOSED WORKS) YARD COMPLETED CASE CLOSED COMPLETED- CASE CLOSED COMPLETED- CASE CLOSED COMPLETED- CASE CLOSED CASE CLOSEO COMPLETED CASE CLOSED Reporta amaperror IRE BLVEIAKEBP AKE JACKSONSGABAGE LUNDBLA ADE PROPERTY PRIVATE RESIDENCE BIMDVE B Mapc data 020241 Imagerys 02024A Airbus, Maxar Technologies 50m 1/1 10/18/24, 11:37AM Mail- Garry Rees Outlook Outlook Re: Notice of Intent for a Negative Declaration Housing Element.follow-up From Garry Rees grees@shn-engr.com> Date Thu 10/17/2024309PM To Idiane Cc Leanna Brotherton bonertonea-engrcom, HiLisa, response. l'am back in the office from vacation and am getting through my emails. Apologies for the delayed The current draft of the Housing Element Update (dated Feb. 2024) is available on the City's website at the following link: ntps/blueakeasoVwp.sonemambati2024.0202012024Bluelak-sihoyde ousingtiementundatend Below is a response to the questions in your 10/13/24 email: 1.In the information letter it says that "The update identifies the potential for development of up to 89 new housing at full buildout oft the City's existing vacant lot inventory," By "City's" existing loti inventory--does that apply to just the City-owned property on Taylor Way or empty lots throughout the town?l recall a map: showing a The existing vacant lot inventory is listed in Table 21 (Inventory of Vacant Land Available for Residential Development) and shown on Figure 1 (Vacant Site Inventory) ini the Housing Element Update (dated Feb. 2024). The existing vacant lot inventory includes both publicly and privately owned properties in the loti inventory throughout the town--are those the lots available AND is that map current? City. 2. Please elaborate on what "full build- out means" Number of stories/height.etc. When the term "full build-out" is used, it is referring to the number of residential units that are projected to occur on the vacant and likely developable sites identified in the City's Housing Element Update. In the Housing Element Update, it is projected that 89 units could occur on the vacant and likely developable sitesi ini the City. The number of stories/height is dependent on the development standards for each zone that these sites are located in, which varies by zone. The maximum height allowed int the zones containing sites identified as vacant and likely developable typically ranges from 35-45 feet. Thanks. Garry Rees, AICP Principal Planner htps.outok.olice.commai.MAOOPNADPNZIA.NDImLWEWZIKNDYAMSONGVIWMOWEZNWEMTANMOAOAKPb.X/ISBB9AYexdmzs43D 1/2 10/18/24, 11:37AM Mail- Garry Rees Outlook CivilE Engineering, Environmental Services, Geosciences, Planning & Permitting, Surveying wwwshn-engr.com 812' WI Wabash Ave, Eureka, CA 95501 (707)441-8855 From: Idiane Sent: Sunday, October 13, 2024.7:29AM To: Garry Rees greseshn-engrcom> Subject: Fwd: Notice of Intent for a Negative Declaration_Housing Elementfollow-up CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Garry, better. Let me know. online IS the most current version. Thank you. Lisa Hoover Would appreciate hearing back on the questions below. Whenlreturn! Icould schedule a meeting if that would be Also Anali sent the link to the Housing Element yet it was dated some months ago-- please let me know if what is Original Message Date.024-10-041639 From:ldiane ) lo.greeseshn-engr.com Subject:Notice of Intent for a Negative Declaration.Housing Element Hello Garry, Questions: Isaw. this item on the Blue Lake Webpage. Is the environmental document associated with this posted on the web page? Ifnot, would you please have the City post the document AND please let me know when this takes place. In thei information letter it says that "The update identifies the potential for development of up to 89 new housing at full buildout of the City's existing vacant lot inventory." By" "City's" existing loti inventory--does that apply to just the City-owned property on Taylor Way or empty lots throughout the town? Irecall a map showing a lot inventory throughout the town--are those the lots available AND is that map current? Please elaborate on what "full build- out means". Number of stores/height..etc. lwould schedule a meeting with you but will not be int town for a couple of weeks sO wanted to: see ifasastart, an email exchange might work. Thank you. Lisa Hoover hipsoutbokuliecomimaOMMANAMOAORZIANOMIMEMMNDYAMSOMOVUMAMMENMENMMENMTIAOXOMPMAYISdm2:3D 2/2 10/28/24, 3:45F PM Mail- Garry Rees- Outlook Outlook Re: City of Blue Lake Housing Element Negative Dec From Garry Rees greseshn-engr.com> Date Mon 10/28/20249:51AM To Kent Sawatzky tentamatlyehoimalcom, Cc Anali Gonzalez admnastebuealecagon Kent, Confirming receipt of your comments.. They will be provided to the Planning Commission at their meeting tonight. Garry Rees, AICP Principal Planner s ( a9 Civil Engineering, Environmental Services, Geosciences, Planning & Permitting, Surveying wwwshn-engr.com 812 W Wabash. Ave, Eureka, CA 95501 (707),441-8855 From: Kent Sawatzky emsawatlyehotmalcm Sent: Monday, October 28, 2024 8:18 AM To: Garry Rees gresesnn-engr.com> Subject: Fw: City of Blue Lake Housing Element Negative Dec CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Garry, Kent Sawatzky Please include this at tonight's Blue Lake PC meeting. Please confirm receipt of this request. From: Kent Sawatzky entawatlyehotmailcom Sent: Monday, October 28, 2024 8:16A AM To: Anali Gonzalez sdmnastebiveleagon Subject: Fw: City of Blue Lake Housing Element Negative Dec Good morning, Anali htpslbutbokufiecom'm.aCOMAMAMOMAORZIANOMIMEMZMNDYAYSBNCMLWNDMEINMEMMEMTIMOOADASRGNeinagsapWs3D 1/4 10/28/24, 3:45PM Mail Garry Rees- Outlook Please forward this to the planning commission as public comment. Please confirm receipt of this request. Thank you. Kent Sawatzky Subject: Fw: City of Blue Lake Housing Element Negative Deci Dear planning commissioners, These are my comments on items # 4, and #6 on tonight's agenda. Item # 6; After you reading, and understanding the approximately 341 pages of the Regional Climate Acton Plan.1 Blue Lake is the only participant who has not approved the plan in all of Humboldt County. County staff was on the Zoom meeting the whole Blue Lake City Council meeting last Tuesday to present to Blue Lake Iti ist more than embarrassing, that in speaking with Humboldt County Director. John Ford, The other participants led by the County are moving forward without the City of Blue Lake participation. I guess "Better late than never" would apply under these sad circumstances. guess that the City of Blue Lake shall attempt to give you an executive summary, City Council. may be perceived to think saving our planet is of minimal importance. Item # 4; After you reading, and understanding the approximately 142 pages of the City of Blue Lake General Housing Element Update. You: should be asking the question "When are the promised Town Hall meetings to take place that have been justifiably promised, and expected by the Public to take place? We can agree or not, but as structured, the need for a Blue Lake Planning Commission, including planning and public participation is being all but replaced by staff that would make the decisions thrua One of the determinations would be as stated in multiple locations thru out the document such as the #1 objective on page 19 of the update. You may wish to pay special attention to Items HP 1.1 thru HP 1.7. It should bet the PC's duty to determine if projects within the City are consistent with "Blue Lake 6th Cycle Housing Goals, Policies, and Implementation Programs" on a project-by-project basis. That is why we have you to do that job rather than an unelected, or even appointed City Staff member. "Review all new residential development to be consistent with the existing small-town character oft the community and blend existing development, as well as to insure sustainability, and environmental The Planning Commission should determine the method, and make the consistency determination. The common sense basis for this should possibly be as follows; We do not have anyt three-story residential buildings in Blue Lake. Therefore, the maximum height should be two stories. We only have one residential building in Blue Lake in excess of 5 units (That is at ten plex). Therefore, the maximum residential developments should be somewhere int the five to Ten range. Iwould read goals HP-1.1 thru HP-1.7. These are the things the peoplesrepresentatives, "The Blue Lake Planning Commission" were appointed to implement. That is the reason we have a planning consistency process. An example would be on page 19 "Goal HG-1 Community Housing Policies" HP-1.1, the first on the list, reads as follows; protection" Commission. htpsoutokufiecomimaOMMANSMOMORZIANOMIWEwZMOYAMSaMOVAUMMGMENMEMWEIMTIAOAOADASRGIeN31ehwa8S.aTgwsgD 2/4 10/2824,3:45PM Mail- Garry Rees- Outlook The draft you received needs tol have major updates. Many oft the deliverables are required to be implemented by December 31st 2024. That is not possible. l'assume you, and I know the public, would like to: see an updated version prior to consider making a recommendation to the Blue Lake City Council. The public should have the opportunity to make comments on the updated draft prior to any recommendation to the Council. That is the required process. The following are come comments sent to planner Rees; Planner Rees, The following are my comments on the City of Blue Lake Housing Element Negative Dec. This Housing Element has the most effect on the City of Blue lake environmentally, and Socially in the History of Blue Lake Planning process. It deserves a full EIR at this time for the following reasons; #1 as per this document, it states 4. "The project areai is the entire City of Blue Lake" #2 as per this document, it states 6. "General Plan Designation, City wide" #3 as per this document, it states 7. "Zoning, City wide" The only other Planning document that reaches this level of necessary review is a General Plan Update, which has been needed for many years, insofar as iti is no where near internally consistent. And which many of the parts to this update are predicated upon. There is no legal foundation for this update. And this Housing Element should not move forward until the General plan Zoning and Land use are updated and approved. One EIR may suffice for both. And would likely be the best path. forward. Both the General Plan update and the Housing Element update to be approved at the: same time. This Housing Element. as proposed does not take into account the necessary CEQA analysis of Cumulative Effects. and violates one oft the primary requirements of CEQA disallowing a piecemeal approach to land use determinations. It is designed to promise project by project CEQA evaluation, (Piecemealing). It goes one: step further and does not give CEQA evaluation base on an exclusion for CEQA as "Infill". the effect is to eliminate any CEQA review at any phase, and therefore the only time to allow the Public, The Planning Commision, or the Blue Lake City Council can participate is now with a full The truth be know a 12' by 12' shed within the setback require would get more public input and The only person to conduct a consistency determination would bet the Director of Planning. At this time that would be Mr. Garry Rees. The people's participation would be all but eliminated along wit CEQA review. This would potential have untold negative effect on the Environment public participation, and #4 as per this document page 7 states "Any by-right project proposed on a property that the combining #5 as per this document page 8 states "Objective standards are defined as those that involve no personal https:lloutlook. office. com'malidAAOKADFKZIACNDm.wEWZTNNDY-YsOSNOVIWAMOWEZAWEIMTNMTIMNOAOADASIN3ieNwa3s-alygMs.30 EIR reflecting gigantic cumulative effects on the Environment Environmental review than a 300-unit apartment housing project.. therefore faithi int the land use system. zone has been applied to would not be subject to CEQA" or subjective judgement by a public official" 3/4 10/28/24, 3:45F PM Mail- Garry Rees- Outlook #6 The City will amend all zones that reference the guidelines (for example MU, RC etc.) to make it clear The question. should be answered what is the "etc."? And why are the current regulations not required #7 as per the document page 43 falsely states that none oft the21 items listed in the checklist would be There is no way to state this without a full EIR. We do not know the potential cumulative effect because there is no analysis of what the potential total additional housing units may potentially be added. What The public can not make informed comment without that analysis. It appears that the population of Blue Lake under this Housing Element could increase by 50%. There is no rational that would justify that would have no significant effect on a majority of the 21 items listed ini the checklist on page 43. For the above and more similar items this Housing element update requires the City doi its duty to the that they are recommended and not enforceable standards of the Zoning code. ast the public expects and has been promised? significantly affected. ist that number? environment and to the public and Do a full EIR, rather than a negative dec. Kent Sawatzky htpsloutokalie.omhmaINAMOMOPZIANOMIWEMZMaNDYATSENCVLMEZNMENMTIAOXODAXINaIehw38saT9ws30 4/4 Planning Commission Meeting/October 28, 2024 RE: Agenda Item 4. Discussion: General Plan Housing Element Update/Negative Declaration From: Lisa D. Hoover The summary1 tablei in the Housing Element Update 2024 document, webpage. 43 (see clips 1 and clip 2 below), that includes of the Environmental Factors (e.g. biological resources, geology/soils, hazardous materials, transportation/trafic, potentially affected indicates that ALL impacts are "less than significant", thus the determination is that the "proposed project COULD NOT have a significant impact ont the environment and a negative declaration will be prepared". A summary oft the "Mandatory Findings of Significance" (webpage 129) reiterates "less than significant" perspective (see clip 3 below). Yet, the evaluation of "less than significant" applied to all environmental factors is not in keeping with components oft the housing element update or the Biological Resources Assessment of 2023 (thel latter focused ont the Taylor Way developments) that identifies mitigations that should be identified asa condition of approval. Following are clipped statements from the Housing Element: Pg. 58 of the Housing Element Update states: Future residential development may have the potential to result in: significant impacstospecialstatus species and sensitive natural communities such as riparian habitat and federally protected wetlands. However, compliance with existing federal and state laws and regulations, including but not limited tot those listed above in the discussion of Regulatory Framework, would result in the avoidance and/or minimization of direct and indirect impacts tos special- status species and sensitive habitats. These regulations require site-specific analysis where a project site contains potential habitat for special- status species including wetlands and riparian areas. Based on the result of the: site-specific analysis and where appropriate, federal and State agencies will require mitigation for project-level impacts. In compliance with existing laws and regulations, the Housing Element Inr none of the tables of the Housing Element Update that summarize potential environmental effects was a determination made consistent with "the potential to result in significant impacts.." (statement above). Why wasn't the determination option, "Less than Significant with Mitigation Incorporated" applied to a particular action, when inf fact, mitigations will be needed? Example, from Table 21 of the Housing Element update- "Inventory of Vacant Land Available for Residential Development" a multiple- family housing density is assigned to: al lot that has thei following site constraints documented in the table: Lot shape, creek corridor, creek: setback, riparian habitat, flood zone. In spite of these site constraints identified int the document, the Housing Element Update does not even acknowledge that mitigations would be needed related to the "Hydrology and Water Quality" element (webpage 88). The need for mitigations is also supported in the Biological Resources Assessment (February 2023) for Taylor Way developments as well. The document states that recommendations to reduce potential direct and indirect adverse affects be included as a "condition of approval of the project". Some examples: 1 For direct and indirect impact to special-status bird species that could migrate into the study area or establish nest sites, species surveys should be done prior to any land disturbance, and For potential indirect effects on water resources (streams and associated riparian habitats; riverine system) such as compromising surface water quality bys sediment transport from disturbed soils or disturbed by release of hazardous materials as a result of construction. These are examples of environmental effects that were assigned a "Less than Significant" determination in the Housing Element Update when they actually need mitigations incorporated to reduce negative appropriate mitigations applied. impacts and should be documented as such. Another environmental factori in the Housing Element Update relates to direct andi indirect effects of the proposed housing element titled "Population and Housing" (see clip 4 below). This factor would apply to any future growth such as new homes and businesses, (including recreational development), specifically, cumulative effects of foreseeable future actions that may affect roads, traffic, and ingress/egress into and out of the town. The Housing Element states that this item is "Less Than Significant" but this is not substantiated nor has the Circulation Element of the General Plan been updated since 1986. Related to the Housing Element's Truck/Industrial Policy (webpage 113) and residential lot densityit it Circulation Element Truck/Industridl Policy: Policy 23. As long as the City uses the existing truck route, the City: should consider minimizing potential densities for residential lots within one local street or one Currently there is a multi-family development under construction within "one block", west of Greenwood Avenue. This policy was not applied to this setting sO that sheds doubt on whether other parcels on/proximal to Greenwood Avenue identified in the other vacant sites/underutilized sites Table 21 of the Draft Housing Element would be applied. Are these lots identified for mult-amlydevelopment, Twould ask that the Planning Commission and Planning Staff revisit these elements of the General Plan Housing Element and pause on the intent to adopt a negative declaration until the "less than significant" determinations (examples above) are better substantiated and/or changed to include text related to the need for mitigations ("mitigations incorporated"). Iwould also ask for a pause on adoption in light of residential, business... developments currently discussed byt the City as such developments will have cumulative effects on the "Population and Housing" and the Circulation" elements included in the document as well as other environmental elements (e.g. biological resources, hydrology, hazardous materials). Related is the need to update the Circulation Element of the General Plan to factor in an analysis that incorporates the proposed developments (residential etc) and zone changes. states: block of Greenwood, Avenue. Respectfully submitted, Lisa D. Hoover 2 1. From the Housing Element Update: webpage 43. Summary of Environmental Factors CnmematFsGw: Potentiallv Aftected Ihsf Project wouldp potentially alfect thes environmentalf factors checked! below, involvinga atleast ones impact thatis." "potentrally Significant" or "less than Significa anty withN Mitigationi Incorporated" as indicatedb bythe checklistont thet following pages Aesthenes DBologicall Resources DouluralHesources Geology/Soils OHydrology/ Water Quality Dumduse/Mammne DNoise ORecreation Du Utlities/ Services Systems Owidire None. DETERMINATION Ont thet basiso ofthisi initial Study: NEGATIVE DECLARATION willb bep prepared. Dwswwware DArquality Dureenhouse Gask Emissions Harards & Hacardous Matenals DEnergy: Minerat Resources OPubkes Services OPacwRwaner DMandasoylimdingse ofs Significance D-opulatom/Housng Dlampatabon/lralic lfind that thep proposed project COULDN NOTI havea significant effecto on thee environmentz anda From the Housing Element Update: webpage 63, Biological Resources Less Significant Potentially less Than Significant Mitigotion Significont Impoct Incorporated impact BolopcalResouices Wouldthep project: aHavea substantiala adversee effect, either directiyort through habitatn modifications, on anys spedesidentifiedasa acandidate, sensitive, ors specials statuss speciesin regional a plans, policies, orn regulations, orb bythe CaliforniaD Departmento offish andv Wildifeor US Fish andv Wildlifes Service? biHavea asubstantiala adveisee elfecto onany tiparianh habitate OF others sensitiver natural communityi idenlifiedinlocalorr regionalp plans, D policies, regulationsa ort byt theCalifomia Departmento ofFisha andw Wiidite orus. Fishand Wildifes services? Havea vubstantiala adverse ellecto ons sateor federallyn protectedwetlands (ncluding. butnot throughd direct removal, filing. hydrolopical interruption, ore other means? diinterteres substantiallyy witht ther movementof anynativer residentorm migratoryf fishory wildite migratoryv wildlites coridors, ori impedet thes use olnativey widiten nurserys sites? elConficty witha anylocal ordinances policyore ordinance? ncontictw witht thep provsionse ofa anadopted Conservation Plan, or other approvedlocal, regional, orstateh abitat D B a a B D limitedto, marsh, vernalp pool, coastal, etc.) D D B D speciesorv withe establishedn nativen resdentor a D R D protecting! bologicalr resources, sucha asatree D D B D Habitat ConseryationP Plan, Naturalc Community D D D R plan? 3 3. From the Housing Element Update: Webpage 129, summary of Mandatory Findings of Significance Less Thon Significant Potentially With Less Thon Significant Mitigotion Significant Impact Incorporated Impoct NoI Impact Mandatory Findings of Signilicance: a)Doest thes project havet thep potentialto substantially degradet thec qualityo ofthe environment, substantiallyr reduce theh habitat ofafishorv wildlifes species, cause afishor widlife populationt toc dropt belows self sustainingl levels, threatent to eliminate aplant 0 or animalc community, substantially reducet the number or restrictt ther range ofar rared or endangeredy planto or animalo ore eliminate importante examples of ther major periods of Californiat history or prehistory? b)Does thep project haveir impactst thata are individually limited, buto cumulatively considerable? ("Cumulatively: considerable" meanst thatt thes incrementale ellects ofa aproject D arec considerables whenv viewedi inc connection witht thee elfectso of past projects, thes effectsof other currentp projects, andthee effectsof probable futurey projects.). cIDoest thep project havee which wild causes substantiala adverses effectson D humant beings. eitherc directly or indirectly D R D a R D a K a effects 4. From the Housing Element Update: Webpage 103, Summary of the Population and Housing Element Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impoct No Impact Population and Housing Would the project resulti in: a)! Induce substantial unplanned population growthi ina ana area, either directly (for example, byp proposingr new! homes andt businesses)or indirectly (for example, through extension of roads ord otheri infrastructure)? b)c Displace: substantial numbers ofe existing people or housing, necessitating the construction ofr replacement housing elsewhere? D D R D R 4 11/15/24, 10:27AM Mail- Garry Rees Outlook Outlook Re: Draft Housing Element chance to meet or converse From Idiane Date Thu 11/14/2024 5:41PM To Garry Rees greseshn-engr.com> 1attachment (462 KB) Comments_ Planning Commission Mig.1028.24/Housing Elementdocx; CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Garry, Ijust returned today having been out of the area since Monday. questions prior to Monday's Planning Commission Meeting on the 18th? Since lcould not make your office hours on Wednesday Ia am wondering if you can respond to the following I've attached my written comment submitted for the last Planning Commission Meeting. lam assuming that you: were also provided these comments. Below are questions from the submitted comments that hope you can Question 1. How can the determination of "less than significant" for all environmental factors (see Housing. Element webpage 43)applyw when both the Housing. Element (pg. 58)and the Biological Resources Assessment of 2023(for From pg. 58 of the Housing Element: "Future residential development may have the potential to result ins significant impacts to species-status species and: sensitive natural communities such as riparian habitat and federally protected From the Biological Resources Assessment (February 2023), the document states that recommendations to reduce potential direct and indirect adverse affects be included as a "condition of approval of the project". (Examples in the Question 2. Given that there is a need to address environmental impacts and mitigations, why did neither the Biological Resources table (webpage 63)or the Mandatory Findings of Significance table (webpage 129)applyt the Question 3. The Circulation Element (while out-dated) states under the Truck/Industrial Policy, Policy 23 (webpage 113):" "As long as the City uses the existing truck route, the City should consider minimizing potential densities for residential lots within one local street or one block of Greenwood. Avenue". Whywasn'ti this policyapplied to the lots that are currently slated fora a multi-family development proximal to Greenwood Avenue (west side)? Will this Question 4: While the City must plan for RHNA's 5th and 6th cycle which equates to 34 units, why does the Housing. Element update include 89 new units, 55 more thani is needed to meet the 5th and 6th cycle? address: Taylor Way)address environmental concerns that need to be addressed? wetlands." attached letter pertain to special-status bird species and water resources). "Less than Significant with Mitigations Incorporated" determination? policyapply to other vacant sites (Table 21)_proximal to Greenwood Avenue? htpesoutbokaliecominaMONSAMOMORZINOMMEMZMADYANOYAMSOINOMUANGONENMEZAEMIAOAOaAVmPplaIA.K. 1/3 11/15/24, 10:27AM Mail- Garry Rees- Outlook Garry, Ido not: see the data to support that the Housing Element Update will not have a significant effect on: some environmental factors without mitigations; in fact, as pointed out above, Isee the opposite. Other items that are inconsistent or lacking documented: support pertain to the Circulation Element and the RHNA housing unit assignment. Lisa Hoover Your response, your clarifications as needed, would be appreciated. On 2024-10-30 15:35, Garry Rees wrote: Hi Lisa, My next office hours at the City are on Wednesday, Nov. 13th. My office hours happen on the 2nd and Idon't believe there are any appointments scheduled yet for the 13th. If that day works for you, please 4th Wednesday of each month. call the front office at City Hall to get on the schedule. Thanks. Garry Rees, AICP Principal Planner A7 CivilE Engineering, Environmental Services, Geosciences, Planning & Permitting, Surveying www.shn-engr.com 812 W Wabash. Ave, Eureka, CA 95501 (707)441-8855 From: Idiane Subject: Draft Housing Element chance to meet or converse CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Garry, htps/outokolice.commalibowaA4OADFRZIA.NOIm.wENZIKNDYA7SONCVAIVIWMOMEZ2NWEIMTEMTIMNOAOAMMFUaisZimhPPloIA.K.. 2/3 11/15/24, 10:27A AM Mail- - Garry Rees Outlook Relative to the Planning Commission Meeting, there were questions that came up and would like to go over some elements of my public comment with you (e.g. the likely need for mitigations for some of environmental factors, addressing cumulative effects versus the isolation of respective developments; the Greenwood Avenue item about minimizing density proximal to this avenue...). Are there options to meet next Wednesday when! I believe you are in Blue Lake? Lisa H. htps.outokalice.commalupbowud/OAADFAZIANDmLWENZIKNDY.MSOSNGVIWMOZMEZNWEINTINOAOANSfVIsizirmhPPJoIAX. 3/3 Attachment 3 Planning Commission Resolution No. 2-2024 RESOLUTION NO.2-2024 Al RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BLUELAKE RECOMMENDING APPROVALOF A DRAFT NEGATIVE DECLARATION AND AMENDMENT OF THE HOUSING ELEMENT OF THE BLUELAKE GENERAL PLAN FOR THE: 2019-2027 PLANNING CYCLE (6th Cycle) WHEREAS, the Blue Lake Planning Commission has before it for consideration the project defined as amendment of the Housing Element of the Blue Lake General Plan by. adoption of the Housing Element Update, February, 2024, a copy ofw which is attached hereto as Exhibit "A": and made aj part hereof, to: supersede the September, 2009, Housing Element Update, as amended; and WHEREASa draft negative declaration has been prepared with respect 10 said project pursuant to the California Environmental Quality ACL(CEQA)., and all notices have been given with respect to: said negative declaration: and WHEREAS, after due notice of hearing, a public hearing was held at the regular meeting ofthe Blue Lake Planning Commission on November 18, 2024. to consider the draft negative WHEREAS. at said public hearing. due consideration was given to the environmental effects of the said project and to all objections to said project, and the Planning Commission believes that the drafi negative declaration should be approved, and the Housing Element ofthe declaration and the said project: and Blue Lake Gencral Plan should be amended as hereinafter set forth: NOW, THEREFORE, be it resolved by the Planning Commission of the City of Blue I. The Planning Commission finds on the basis of the draft negative declaration and any comments received by the Planning Commission that there is not substantial evidence that the project will have a significant effect on the environment and recommends. approval of the Lake as follows: said negative declaration. 2. Pursuant to Government Code Section 65354, the Blue Lake Planning Commission hercby recommends to the City Council the amendment oft the Housing Element of the Blue Lake General Plan by adoption of the Housing Element Update, February. 2024 to supersede the September, 2009, Housing Element Update. as amended. 3. The reasons for this rccommendation are sel forth in the draft negative declaration, in the: staff report, and in the minutes ofthe Planning Commission meetings of October 28, 2024 and November 18, 2024 (Public Hearing), copies of which shall be transmitted to the Blue Lakei City Council. 4. The Sccretary of the Planning Commission is authorized and directed to transmit this resolution to the City Council of the City of Blue Lake. RESOLUTION NO.2-2024 INTRODUCED, PASSED, AND ADOPTED this 18h, day of November 2024, by the following vote: Avstbgan, Cseh 1S5AL ABSENT: Pnyor, Schang NAYS: B ABSTAIN: 6 -El laine Hogawy City of Blue Lake 2fhh ATTEST: Amunda wager @lg Planning 2 Exhibit "A" to Resolution No. 2-2024 City of Blue Lake Draft General Plan Housing Element Update for the 2019-2027 Planning Period (6th Cycle) htps/Dluehakecagovmpcontemupoadi2024/09/02012024 Bluelake-6thCycl-HousingllementUpdate.pd: Attachment 4 Staff Presentation on the Blue Lake General Plan Housing Element Update Process C 0 @ : : e @ LOPMENT e Ay ONISNONR - E C - 2 8 L 3 f 2 € 3 @ O @ C 8 a a ) $ - 8 8 O a C @ 2 : 2 3 I N AAW ASSO - AHI - 9 9 5 1 D U E E - 1 E - a DD o 3 @ L e E e O E n - a 0 1D 00 Da e o a e e I I :0 a de 0 de A A X 3 3 3 6 2 9 5) 8 0 0 @ 0 0 0 2 2 8 lB 3 3 - a & 0 5 S 8 € 9 9 3 e - 8 C @ O e 3 à @ 2 - @ 8 8 @ 1s t 4 > a n - 8 3 3 I a - 0) 3 0O P 4 2 - 5 7 s 4 3 7 E 4 1 2 4 E : S 5 9 5 BAVIYWAVS; OGOINMERAD FRE e 8 E 3 a E E 5 2 B 6 8 3 8 de t 2 2 4 1 7 R N 4 11 - I 8 e of ) I C o o a e 0) 0) 00 a a 9 e 09 e o aU 0 9 C e I 2 + do I D O 6 M @ o - @ @ in 0 - e 0 00 E 5 13 0) DB4UpIEw DSABPIER PHPIEN e 14 > E E C 9) :0 2 @ 9 O de 10 I o 3 E 5 O f 3 - 9 o e e 9 8 S @ @ @ E 9 5 B W a C e a n 3 O 7 @ S :0 o a Q o O a 3 C e e a 1n 0 a S e C B e 2 a 8 1n C f A I E 6 e e in 9 a @ E C C 8 E E O @ C o 0) 9 3 E I - a o - e e à a o e m 0 o S O o U s 00 3 3 0 1E - O 6 @ aU @ LI - ) - E a 2 de n 5 @ J 0 e a a L I @ a L C - e > a 8 9 o la o 9 a @ e E 0) 8 to 0) @ L ) O @ I L N 0 NN N - 3 - a - E C 3 T 3 9 @ of e 0 e a of of a @ a o o 5 E E T 6 8 o 3 a @ E I & O 0 C DE e : A @ N 2 8 E 3 @ t s o 0 e 3 9 2 0 8 o @ e 8 E e C a € 0) E - 0 ) - A C 3 a A NN D I 1 City of Blue Lake City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 12 December 10, 2024 Second Public Hearing Mandy Mager, City Manager Humboldt County Association of Governments-Unmet Transit Needs General Information: The Humboldt County Association of Governments (HCAOG) conducts yearly outreach to identify and quantify unmet transit needs in our community and the region. HCAOG staff madea presentation to the City Council on November 26, 2024 regarding the unmet transit needs process including providingi information on how residents can participate in the process. As part oft the presentation, a public hearing was held to gather community input; a second hearing was scheduled for December 10, 2024 to allow for additional outreach and participation. The public can provide comments via the public hearing, by presenting written comments, or by participating in the available electronic survey managed by HCAOG. Background Material Provided: HCAOG Report and Outreach Materials Fiscal Impact: N/A Recommended Action: Conduct the Second Public Hearing on UnmetTransit Needs Review Information: City Manager Review: R Legal Review: D Planner Review: D Engineer: D Comments: BLUE LAKE UNMET TRANSIT NEEDS SURVEV TAKE THE SURVEY English Spanish ent PROVIDE PUBLIC COMMENT: December 10th-Public Hearing at City Council Meeting Written Comments can be Dropped Off at City Hall City ofBlue Lake City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 13 December 10, 2024 Transitions") Mandy Mager, City Manager Exclusive Right to Negotiate with PT Blue Lake Redevelopment LLC ("Power General Information: Power Transitions is proposing to purchase or lease approximately six acres of City-owned land located on Assessor Parcel Numbers 025-161-003 and 312-161-016, for the development ofa Ino order to continue negotiations and to conduct research and investigation regarding the appropriateness of the proposed development, City staffi is recommending entering into an The ERN will allow the City to conduct further analysis oft the proposed project, including conducting additional community scoping meetings, technology research and analysis and preliminary appraisal activities. The ERN does not bind the City to a sale ora al lease but does require that we conduct our negotiations in good faith and exclusively with PowerTransitions for the period of time identified in the ERN. The intent oft the ERN: is to evaluate the proposal, and to Battery Energy Storage System, commonly referred to as a BESS. Exclusive Right to Negotiate agreement ("ERN") with Power' Transitions. develop a recommendation on the development ofan Option Agreement. Below isasummary of the Exclusive Right to Negotiate Agreement: 1. Power Transitions will complete an analysis, including cost estimates for the demolition and 2. Power Transitions will conduct community scoping sessions, including, but not limited toa town hall meeting, to address community questions and to provide additional technical details 3. Power Transitions will pay the City of Blue Lake the initial sum of $15,000.00; this money will be used to cover costs associated with the negotiation and related project investigations. 4. This ERN does not obligate either party to enter into an option agreement; the only obligation imposed by this Agreement is that, during the Negotiating Period, the Parties shall, in good faith, diligently negotiate the terms and conditions of the Option Agreement using all commercially reasonable efforts to attempt to reach agreement prior to the expiration ofthe 5. Neither sides negotiating parties can bind the City to an Option. Agreement; the Council as a Background Material Provided: 1.1 Power' Transitions Initial Project Proposal; 2. Draft Exclusive remediation of the existing plant facilities. regarding the project proposal. Negotiating Period. whole will be the authorizing entity fora any future option agreements. Right to Negotiate Agreement PTDraft 12.2.24 EXCLUSIVE RIGITTONEGOTIATE AGREEMENT This Exclusive Right to Negotiate Agreement (this "Agreement"), dated as of December 2024, is entered into by and betwcenTHECITY OF BLUELAKE, a California municipal corporation (the "City"), and PT BLUE LAKE REDEVELOPMENT LLC, a limited liability company organized. and existing under the laws oft the State of Delaware CPowerlransitions". (TheCity and Powerlransitions are sometimes referred to individually as a "Party" and collectively as the "Parties.") Recitals A. The City owns approximately 25 acres of real property (the "Bluel Lake Site") on whicha former 12.5 MW biomass facility (the "Blue Lake Facility") was owned and operated by affiliates of LandGas Technology LLC, an Illinois limited liability company ("LandGas"); B. LandGas and the City of Blue Lake are currently in a dispute regarding the Blue Lake PowerTransitions: is engaged in the business of acquiring and/or partnering with owners Facility (the "Blue Lake Facility Dispute"); and local communities throughout the United States to, decommission, demolish, and remediate retired industrial and power facilities/sites in the United States in order to develop renewable generation facilities and energy storage systems (collectively "Renewable Assets") and/or energy intensive commercial real estate such as powered shells for hyperscale data centers on or adjacent to such Legacy Sites for, among other reasons, the benefit oft the local communities, including creation ofj jobs and skills transfer trainings, new and continued property and sales tax generation, affordable and sustainable energy solutions, cleaner environments, improved property aesthetics, multi-use developments, educational programs, and corporate social responsibility initiatives (the "Community Benefits"); D. The City desires to redevelop the Blue Lake Facility into a mixed-use commercial development, including, among other things, a battery energy storage system; E. The City and Powerlransitions: have been in discussions regarding (i) an option purchase or lease with respect to approximately 6 acres of real property at the Blue Lake Site as more specifically identified on the map on Annex A-1 hereto (the "Phase I Property").() the management of demolition of the Blue Lake Facility and environmental liabilities associated with the Blue Lake Facility by Power/ransitions (the "Blue Lake Facility Demolition & Remediation"), and (iii) the development ofa 12.5 MW battery energy storage system (BESS) (the "Phase IA BESS Project") and 100 MW battery energy storage system (the "Phase IB BESS Project" and together with the Phase IA BESS Project, the "BESS Projects" and each, a Redevelopment Project"), in connection with a potential resolution ofthe Blue Lake Facility Dispute between the City of Blue Lake and LandGas; Lake Facility assets, which are subject to the Blue Lake Facility Dispute; G. H. PowerTransitions is also in discussions with LandGas regarding an acquisition oft the Blue PowerTransitions: envisions that the Blue Lake Facility Demolition & Remediation, and the redevelopment, restoration and reuse oft the Redevelopment Project Properties with the BESS Projects will provide the local community with the foregoing Community Benefits and represents the best and highest use of the Blue Lake Facility and the Redevelopment Project Properties; I. In order to provide the Parties with the time and opportunity to negotiate the terms and conditions of the option toj purchase or lease, thel Parties now wish to enter into this Agreement. Error! Unknown document property name. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by each oft the Parties, the Parties hereby agree as follows: Agreement 1. Agreement to Negotiate Exclusively and in Good Faith. The City agrees that, during the Negotiation Period (as defined in Section 2, below) and provided that Powerlransitions is not in default of its obligations under this Agreement, the City shall negotiate exclusively and in good faith with PowerTransitions (and its designated agents) in an effort to reach a definitive option to purchase or lease agreement (the "Option Agreement"), through which Powerlransitions would acquire the option (the "Option") to lease or acquire the Redevelopment Project Properties from the City for the Redevelopment Project. During thel Negotiation Period, the City shall not solicit or entertain offers or proposals from other parties concerning similar projects on the Blue Lake Site, including (without limitation) leases, purchases, joint ventures, or other arrangements where other parties would gain the right to construct and operate the Redevelopment Project. The Parties agree, in consideration of this Agreement, to negotiate in good faith with each other with respect to the potential Option Agreement. The Parties shall provide each other with any information regarding thel Bluel Lake Sitet that may ber reasonably requested by the other Party that exists at the time oft the request. 2. Negotiating Period. The negotiating period shall commence at Noon Pacific time on the Business Day following the date that this Agreement is signed by both Parties (the "Effective Date"), and terminate at 5:00 p.m. Pacific time on the eighth (8") month after the Effective Date (the "Negotiating Period"); provided, that ifthe day on which thel Negotiating Period would terminate is not al Business Day; the Negotiating Period shall terminate at the specified time on the next Business Day following such day. PowerTransitions shall have the right, ini its sole discretion, to extend the Negotiating Period for up to two (2) additional 30-day periods (each such right being a "Monthly Extension"). To exercise any Monthly Extension, Powerlransitions: shall provide the City with written notice atl least three (3)) Business Daysprior tot the expiration oft the then-current Negotiating Period, which notice shall be accompanied by payment of thel Extension Fee described in Section 41 below.) IfPowerlransitions exercises any Monthly Extension, the phrase "Negotiating Period" will mean the Negotiating Period as SO extended. If the Parties have not executed an Option Agreement by the end oft thel Negotiation Period (as thes samei may be extended as stated above, or as the Parties may mutually agree to extend this Agreement beyond its contemplated term), then this Agreement shall automatically terminate, except for those provisions that are expressly statedtos survive thet termination oft this Agreement. 3. Agreement to Negotiate Option Agreement. 3.1 Negotiation oft the Option Agreement. During the Negotiating Period, the Parties agree to work with one another to negotiate in good faith the Option Agreement, which Option. Agreement may include those conceptual terms set forth on Annex C hereto and such other, further, or different terms as may be negotiated. 3.2 No Obligation. This Agreement shall not obligate either Party to enter into the Option Agreement or other definitive agreement with respect to the Blue Lake Site. The only obligation imposed by this Agreement ist that, during thel Negotiating Period, thel Parties shall, in good faith, diligently negotiate the terms and conditions of the Option. Agreement using all commercially reasonable efforts to attempt to reach agreement prior to the expiration of the Negotiating Period. 2 3.3 Termination. Notwithstanding Section 2, in the event that (i) PowerTransitions is not selected by RCEA as a finalist in RCEA'ss solicitation to bei issued in. January 2025 or (ii) ifs selected as af finalist, PowerTransitions does not execute an offtake agreement with RCEA by July 31, 2025 (as may be extended by RCEA), either Party may terminate this Agreement by sending written notice to the other. into this Agreement, PowerTransitions: shall pay the City the sum of $15,000.00 (the "Initial ERN Fee") within three (3) Business Days after the date that this Agreement is signed by both Parties. If Powerlransitions: exercises any Monthly Extension pursuant to Section 2 above, PowerTransitions shall pay to City an extension fee in the amount of $2,500.00 per Monthly Extension (each, an' "Extension Fee, and collectively, the "Extension Fees"). (The Initial ERN Fee and the Extension Fees are referred to collectively as the "ERN Payments.") ERN Payments shall be independent consideration for this Agreement and shall be non-refundable; provided, however, that if PowerTransitions and the City enter intot the Option Agreement, thent the ERN Payments shall be credited either (a): against any option payments under the Option Agreement or (b) if PowerTransitions exercises the Option or enters into a lease as contemplated by the Option Agreement against the purchase price ifPower/ransitions acquires the Phase 4. Consideration for Exclusive Right tol Negotiate Fee. As consideration for the City to enter IProperty. 5. Disclosure of Information. 5.1 Commitment to Public Engagement. During the Negotiating Period, 5.2 Byt the City. The City will provide PowerTransitions: with full and complete access Powerlransitions agrees to perform public engagement efforts, including, without limitation, town hall(s) and information materials about thel BESS Project, as reasonably requested by the City. to all material information and documentation pertinent to the Blue Lakel Facility and the Blue Lake Site in order for PowerTransitions to fully evaluate the transactions contemplated by this Agreement and, if applicable, negotiate and consummate definitive documentation between thel Parties with respect thereto. TheCity will assist Powerlransitions: with respect to: all communications with California ISO, thel Redwood Coast Energy Authority, Pacific Gas & Electric, and any federal, state or local authorities regarding the access to all material information and documentation pertinent to the Blue Lake Facility Demolition & Remediation in order for City to fully evaluate the transactions contemplated by this Agreement and, if applicable, negotiate and consummate definitive documentation between the Parties with respect thereto. dated. August 28, 2024 (the" "NDA"), and agreet that ther rights and obligations under thel NDA: shall continue inf full force and effect and shall govern the disclosure and receipt ofinformation under this Agreement. Agreement shall automatically terminate and be without any further force or effect except for obligations APPLICABLE LAW, IN NO EVENT SHALL THE. AGGREGATE LIABILITY OF THE CITY (TOGETHER WITH ALL OF ITS AFFILIATES, OFFICIALS, EMPLOYEES, AND DIRECTORS) ARISINGOUTOFOR RELATEDTOTHIS AGREEMENTI EXCEED. AMAMOUNTQUALTOTIE ERN PAYMENTS PAID BY POWERTRANSITIONS TO THE CITY HEREUNDER DURING transactions contemplated by this Agreement and the Community Benefits. 5.3 By Powerlransitions. PowerTransitions will provide City with full and complete 5.4 Confidentiality. The Parties acknowledge that written Confidentiality Agreement 6. 7. Termination of Agreement. Concurrently with the exercise oft the Option Agreement, this ofeither Party that survives thet termination oft this Agreement as provided herein. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY 3 NEGOTIATING PERIOD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER POWEKIRANSITIONS NOR THE CITY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUTNOTLIMITEDTODAMAGES FOR LOSS OF BUSINESS, LOSS OFDATA, LOSS OF PROFITS OR THE LIKE) ARISING UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCHDAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THEJ BARGAIN BETWEENTHE PARTIES. 8. this reference. Miscellaneous. 8.1 Incorporation of Exhibits. The exhibits attached hereto are: incorporated herein by 8.2 Notices. All notices, demands, consents, requests or other communications required to or permitted to be given pursuant to. this Agreement shall be in writing, shall be given only in accordance with the provisions of this Section, shall be addressed to the Parties in the manner set forth below, and shall be conclusively deemed to have been properly delivered: (a) upon receipt when hand delivered during normal business hours (provided that notices which are hand delivered shall not be effective unless the sending Party obtains a signature of a person at such address that the notice has been received); (b) upon transmission when sent by email to the email address set forth below (provided, however, that notices given by email shall not be effective if the Party sending the email receives an automatic notice that the email was undeliverable); (c) upon the day of delivery if the notice has been deposited in an authorized receptacleofthel United States Postal Service: as first-class, registered or certified mail, postage prepaid, with a return receipt requested (provided that the sender has in its possession the return receipt toj prove actual delivery); or ()one()Business! Day after the notice has been deposited with an overnight courier service (such as Federal Express or UPS) to be delivered by overnight delivery (provided that the sending Party receives a confirmation of actual delivery from the courier). The City The City ofE Blue Lake 111 Greenwood Ave Blue Lake, California 95525 Attn: City Manager Email: ymamgedhiucaleagow with a copy (which shall not constitute notice) to: Thel Mitchell Law Firm, LLP 426 First Street Eureka, California 95501 Attn: Ryan T. Plotz, Partner Email: Porzemicillawimcon 4 PowerTransitions: PTBlue Lake Redevelopment LLC 5251 Westheimer Rd, Suite 330 Houston, Texas 77056 Attn: Justin Thekkekara, General Counsel Email: egal.nolticegpower-transitions.com Each Party may change or supplement the addresses given above, or designate additional addressees, for purposes oft this Section by delivering to the other Party written notice in the manner set forth above. or the performance of this Agreement, or the breach hereof, the Parties shall endeavor to resolve such dispute through direct negotiation. Notwithstanding the above, any and all disputes or difference arising out of or in connection with this Agreement which are: not resolved through direct negotiation within ten (10) days shall be referred to the Parties' senior management for resolution. Ifthe senior management are not able to resolve such disputes within an additional five (5) days, then the matter may finally be settled under the rules of arbitration of the American Arbitration Association (the "AAA Rules"). In order to commence this process, either Party must upon written notice to the other Party require that any dispute or difference arising out of or in connection with the Agreement (including any non- contractual obligation arising out or in connection with it) be finally settled exclusively by arbitration under the AAA: Rules. The arbitration shall be conducted in English, and the seat oft the arbitration will be San Francisco, California. The number of arbitrators shall be three. Each Party shall select one arbitrator, and the two selected arbitrators will select thet third arbitrator. The Parties shall ensure that any arbitrators appointed to act under this paragraph will agree tol be bound to certain confidentiality obligations with respect. to the terms ofthe Agreement and any information obtained during the course of the arbitration proceedings. been utilized in connection with this transaction. If any claims for brokers' or finders' fees for the consummation of this Agreement arise, then Powerlransitions hereby agrees to indemnify, hold harmless and defend City from and against such claims ifthey shall be based upon any statement, representation or agreement by Power/ransitions, and City hereby agrees to indemnify, hold harmless and defend PowerTransitions ifs such claims shall be based upon any statement, representation or agreement made by shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision oft the Agreement. No extension oftime for performance ofany obligation or act shall be deemed "Business Day" shall mean and refer to any day other than a Saturday, Sunday or days on which banks in Humboldt County, California are permitted tol be closed for business. The time in which any act provided under this Agreement is to be done, shall be computed excluding the first day and including the last day. However, any deadline which would otherwise fall on: a day which is not al Business Day shall be extended heirs, successors, representatives or assigns. PowerTransitions shall not assign this Agreement without the 8.3 Disputes. Ifa dispute arises out ofor relates tot thei interpretationofthis: Agreement, 8.4 Brokers. PowerTransitions and City hereby agree that no real estate brokers have City. 8.5 Waivers. No waiver of any breach of any covenant or provision ofthis Agreement an extension oft thet time for performance of any other obligation. 8.6 Time; Business Day. The word "day" shall mean and refer to a calendar day. A to5 5:00 p.m. the next following Business Day. 8.7 Assignment. This Agreement shall bel binding upon the Parties and their respective 5 City's prior written consent, which may be withheld in the City's sole and absolute discretion; provided, that Powerlransitions shall bey permitted to assign this Agreement to any ofi its affiliates with prior written notice to the City. No assignment by PowerTransitions shall affect or impair Powerlransitions's liability underthis Agreement or under the Option Agreement. City may not sell thel Land or assign this Agreement without the consent of Powerlransitions. 8.8 Entire Agreement. This Agreement (including all exhibits attached hereto) is the final expression of, and contains the entire agreement between, the Parties with respect to the subject matter hereof and supersedes all prior understandings of thel Parties withi respect thereto. This Agreement may not bei modified, changed, supplemented, superseded, canceled or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the Party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. The Parties do not intend to confer any benefit hereunder on any person, firm or corporation other than the Parties hereto and lawful assignees. 8.9 Headings. The headings int this Agreement are for purposes oft reference only and 8.10 Severability. If any paragraph, section, sentence, clause, or phrase contained in shall not limit or define the meaning oft the provisions of this Agreement. this Agreement becomes or is held by any court of competent jurisdictiont to be illegal, null, void or against public policy, the remaining paragraphs, sections, sentences, clauses, or phrases contained in this construed by the laws of the State of California, without regard to the conflict of laws principles thereof. The exclusive venue for any claim by either Party to this Agreement shall be in the Superior Court of Agreement shall not be affected thereby. 8.11 Governing Law. This Agreement is executed in and shall be governed and California, County of San Francisco. 8.12 Counterparts. This Agreement may be executed in any number of counterparts, 8.13 Attorneys' Fees. In the event either Party to this Agreement shall employ legal each of which shall be an original, but all ofwhich shall constitute one and the same instrument. counsel to protect its rights under this Agreement or to enforce any term or provision hereof (includinga a suit for specific performance) the prevailing Party shall be entitled to its reasonable attorney's fees (including any fees on appeal), costs and expenses incurred in connection with its claim. 8.14 CEQA Compliance. The actions contemplated by this Agreement have no potential effects on the environment. Each potential improvement, project and/or activity listed or contemplated in this Agreement has been or will be fully evaluated in compliance with the California Environmental Quality Act ("CEQA") or National Environmental Policy Act ("NEPA"), as applicable, when sufficient physical details and other information regarding the site and proposed design and construction is available to permit meaningful environmental review. Under the contemplated Option Agreement, Powerlransitions'se exercise ofthe Option will expressly be conditioned upon compliance with CEQA and/or NEPA. This Agreement does not, and is not intended to, bind or commit the City, or any other public agency, to a definite course of action or limit in any manner the discretion oft the City or any other public agency, as applicable, in connection with consideration of permits or entitlements for projects described or contemplated in this Agreement, including, without limitation, all required environmental review, all required public notice and proceedings, consideration ofc comments received, and City'sor other public agencies' evaluation of mitigation measures and alternatives, including the "noj project" alternative. 6 8.15 Construction. Noprovision ofthis Agreement shall be construed against any Party by reason ofauthorship or otherwise. SIGNATURES APPEAR ONTHEI FOLLOWING PAGEI 7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. THE CITY OF BLUELAKE, a California municipal corporation By: Name: Title: Date of Signature: PTBLUEI LAKE REDEVELOPMENTILC. al Delaware limited liability company By: Name: Title: Date of Signature: 8 AnnexA Map of Phase I Option Purchase Property Note: The proposed. Phase I Properly is included inj yellow below. Thel map below is shown for illustrative purposes. The exact acreage to be under option purchase will be specified through the appropriate legal descriptions and/or. survey in the Option Purchase. Agreement. 9 Annex B Initial Redevelopment Project Schedule This initial Redevelopment Project schedule is an estimate based on Powerlransitions assessment of the Redevelopment Projectaso ofthe date oft the Agreement. Powerlransitions will provide the City with updates to this schedule as it continues its assessment and evaluation of the Redevelopment Project. This Project Schedule is based on the assumption that a Purchase Option is negotiated (as opposed to a Lease Option). No. Milestone Responsible Party PowerTransitions City of Blue Lake PowerTransitions LandGas PowerTransitions: PowerTransitions RCEA Powerlransitions. Timing 4Q2024 1Q2025 1Q2025 1Q2025 1Q2025 1 Completion of Diligence on Blue Lake Facility Demolition & Remediation Execute Option. Agreement Execute. Assignment ofI Interconnection Agreement to Engagement with Redwood Coast Energy Authority (RCEA) regarding offtake from Phase IAI BESS Project Identification of necessary permits and approvals for Phase IA Demolition,' the purchase option and the Energy Project (including CEQA, Federal Energy Regulatory Commission, fire safety, and other local, state and federal regulatory approvals) Completion of RCEA Offtake Bidding Process Preliminary Energy Project Feasibility Drawings and Preliminary Energy Project Layout Map for Phase IA 8 Confirm Expedited Interconnection Pathway with CAISO for Phase IAI BESS Project 9 Execute Offtake Agreement PowerTransitions: RCEA PowerTransitions: 2Q2025 2Q2025 BESS Project CAISO PowerTransitions RCEA City of Blue Lake PowerTransitions: City of Blue Lake PowerTransitions 2Q2025 2Q2025 2Q2025 2Q2025 10. Execute Demolition Agreement 11. Exercise Option 10 No. Milestone Responsible Party Timing 2Q2025 3Q2025 3Q2025 4Q2025 4Q2025 12. Obtain Phase IA Demolition Permits and Initiation of PowerTransitions 13. Commence Long Lead Procurement for Phase. IAI BESS Powerlransitions the Phase IA Demolition' Project 14. Completion of the Phase IA Demolition 15. Final Energy Project Layout Map for Phase IAI BESS Powerlransitions Powerlransitions: Project 16. Receipt of necessary permits and approvals for Phase Power/ransitions, IAI BESS Project (including CEQA, Federal Energy Regulatory Commission, fire safety, and other local, state and federal regulatory approvals) City ofBlue Lake, Other Regulatory Entities 17. Initiation of the CAISO Repower Process for Phase IA PowerTransitions: 1Q2026 1Q2026 3Q2026 3Q2026 3Q2026 4Q2026 1Q2027 1Q2027 TBD TBD BESS Project 18. Evaluation of Phase IB Project PowerTransitions 19. Completion of the CAISO Repower Process for Phase PowerTransitions: IA BESS Project 20. Financing oft the Phase IA BESS Project PowerTransitions: 21. Commencement ofConstruction of the Phase IA BESS PowerTransitions: Project 22. Submittal of Phase IB Project to CAISO PowerTransitions 23. Substantial Completion ofConstruction ofthel Phase IA PowerTransitions BESS Project Phase IA BESS Project the Phase IB Demolition* 26. Completion of the Phase IB Demolition 24. Commencement ofCommercial Operations of the PowerTransitions 25. Obtain Phase IBI Demolition Permits and Initiation of PowerTransitions Powerlransitions: "Phase IA Demolition" includes all structures and equipment other than concrete facilities. 2"Phase IB Demolition" includes the concrete facilities. 11 No. Milestone Responsible Party Powerlransitions: Timing TBD TBD TBD 27. Phase IB BESS Project Construction Commences 28. Substantial Completion of Construction of the Phase IB PowerTransitions 29. Commencement of Commercial Operation oft thel Phase PowerTransitions BESS Project IBI BESS Project 12 Annex C Option Terms for Negotiation OPTION. AGREEMENT FOR RENEWABLE ENERGY FACILITY SUMMARY OFI POTENTIALTERMS This preliminary non-binding Summary of Potential Terms (this "Option Summary' ". sets forth certain key terms of an Option Agreement for Renewable Energy Facility (the "Option Agreement' between PT Blue Lake Redevelopment LLC( ("Powerlrasitions ", and the City of Blue Lake, California (the "City"). Each ofPowerlransitions. and the City, a "Party' and collectively, the "Parties". Capitalized terms referenced but not defined in this Option Summary shall have the meanings assigned to them in the to be negotiated Option Agreement. Provision General The City (Grantor) Powerlransitions (Grantee) Property Summary City ofl Blue Lake, California, a California municipal corporation PT Blue Lake Redevelopment LLC, al Delaware limited liability company 6 acres on the Blue Lake Site (the "Phase I Property"), including any and all improvements and fixtures thereon, all appurtenant rights held by the City, including all surface rights and easements and appurtenances thereto A12.5 MW battery energy storage: system (BESS), to be developed on the A 1001 MW BESS, to be developed on the Phase I Property (the "Phase IB BESS Project" and together with the Phase IA BESS Project, the Energy Project Phase IA: Phase IB: Phase I Property (the. "Phase IAI BESS Project") Redevelopment Project") Option Purchase Option to Lease or Purchase Consideration for Option Purchase Generally The City and Powerlransitions will negotiate in an effort to reach a definitive agreement in which the City grants an exclusive: and irrevocable option to either purchase or lease the Phase I Property. Annual option payments tol be negotiated. Demolition of Blue Lake Facility In the event that the Parties negotiate an option agreement whereby PowerTransitions is granted the option to purchase the Phase I Property, Powerlransitions or one ofi its affiliates will be responsible for, at its sole cost, the demolition oft the Blue Lake Site. In such event, the audited cost 13 Provision Summary of the demolition shall be credited against the purchase price for the. property with the difference being paid to the City at a negotiated time, In the event that the Parties negotiate an option agreement whereby Powerlransitions is granted the option to lease the Phase I Property, PowerTransitions: will require that the City be responsible for, at its sole cost, the demolition of the Blue Lake Site as a condition of the The Parties shall negotiate the extent and scope ofi necessary demolition. which may include aj period of deferral. commencement ofthel lease term. Term; Option Exercise; Termination Option Period The Option Period shall be for two (2): years. PowerTransitions shall have the right to terminate the Option. Agreement at any time, in which event the City shall retain all of the Option Consideration received prior to the date oftermination. The Parties shall negotiate milestones that Powerransitions shall meet during the Option Period to ensure PowerTransitions is proceeding with commercially reasonable diligence, along with reasonable termination The City grants Powerlransitions right of entry and a license to enter, thereon, and the City's personnel, to determine the feasibility ofu utilizing the Property for the Redevelopment Project, including (without rights. PowerTransitions' Period Rights during Option access and use all or any portion of the Blue Lake Site, any facilities limitation): review of condition oftitle tax and appraisal matters preliminary construction review of leases and subleases affecting the Property review of contracts or commitments affecting thel Property energy, environmental, ndangerc/hreatened species studies land use, permitting and energy development regulatory matters drilling, excavation and other geotechnical activities assessment ofother areas ofthe. Blue Lake Site for potential reuse as electric vehicle charging stations all other matters required to be completed by Power/ransitions prior to exercising the Option Purchase The Cityi will give Power/ransitions copies of all documentation evidencing ownership of the Property, surveys, title reports, studies, surface reports, plats, maps, permits/approvals, drawings, specifications; notices, assessments, documents, encumbrances, leases, easements, rights of way, rights of access, licenses, and other agreements, contracts, information, and material pertaining to the Property or the proposed. Redevelopment Project in the City's possession (the "Diligence 14 Provision Summary Materials"). Additional Rights & Powerlransitions must maintain insurance (S2 million per occurrence, $4 Obligations of the Parties million in the aggregate, $10 million excess) with a commercially The City must maintain commercial general liability and property insurance in commercially reasonable amounts during the Option Period. reasonable deductible during the Option Period. 15 8 - a 9 a - a e 5 B Q s L K a @ A a 6 S - @ 1 1 a 1 00 S) o o 9 - 1 C @ E o e > @ - = S 6 C @ B A - 5 o @ 5 X a bo A - 9 la 2 b0 0 S S 4 S a - - e 3 o a S 1 a 2 0 L S @ 3 - 1 n @ E 1 S @ > LL a A a 3 e ga4y a A E @ E 2 a o 0 e à o D S @ X E à a E S Q O a 2 e 2 e o 0 - S 9 9 A N C S) - Z 9 S @ C @ B " C 0 o 3 E E @ 5 E F + V : @ b0 a 1 S > @ + a 0 i3 1 a C 3 a E > @ à a t @ bo a 1 S 2 @ 1 1 C e o E a 3 9 E a NN E 0 I 9 a. @ - a S 0 C a n O @ 1 A @ S LL € s e e 00 5 - 3 SMI uy - C S 0 - £ City of Blue Lake City Council Meeting Agenda Report Item #: Date: Item Subject: Submitted By: 14 December 10, 2024 Council Assignments Mandy Mager, City Manager General Information: The City Councilmembers serve on various commissions, committees and boards; each election cycle, the Council reviews theira assignments and redistributes assignments as appropriate. Staff has provided al list of current assignments and recommends that the Council review each assignment and designate a primary and alternate representative. Background Material Provided: Assignment list Fiscal Impact: N/A Recommended Action: N/A Review Information: City Manager Review: R Legal Review: D Planner Review: D Engineer: D Comments: City of Blue Lake City Council Assignments-2024 Mecting Day/Time 4th Monday @ 6:30 pm 445-9652 8208 2nd' Thursday @ 5:30 pm 268-8680 As Needed 269-1700 Skinner Store Skinner Store 3rd Monday @ 6:30 p.m. at Skinner Store 2nd Tuesday @ 4:30 p.m. @ Skinner Store Quarterly Quarterly As Needed 3rd Wednesday at 6:001 PM at Skinner Store or City! Hall Agency John Chris F. Elise Michelle RREDC Redwood Regional Economic Development 520ESL Eureka Governments 2nd Floor Eureka City Hall HWMA: Humboldt Waste Management Authority 2nd Floor Eureka City Hall Indian Gaming Grant Funds Commission - County Building BLI Rancheria Liaison HCAOG Humboldt County Association of 3rd Thursday @ 4:00 pm 444 RCEA Redwood Coast Energy Authority -517 3rd Monday @ 3:30 pm Blue Lake Chamber of Commerce Liaison 2nd Monday @ 5:30 p.m.at BLI Public Safety Commission Sheriff's Ist Monday @ 6:00 p.mat 15th Street, Eureka Department Liaison BLI Fire Department Liaison BLI Parksa and Recreation Commission Liaison Ist Wednesday @ 6:30 p.m Skinner Store Liaison BLI Economic Development Commission Baduwa't Watershed Council League of CA Cities Mayor Select Committee Arts and Heritage Commission Mayor: Mayor Pro-Tem: N:Blue Lake General le/CounclCommisions-Commitesdiy CouncilCity Council Assgnmentsl2024/dHy Council Committee: Assingments 202Bage 1 City of Blue Lake December 10, 2024 Special Council Meeting Consent Agenda Items: a. Meeting Minutes: October 22, 2024 b.November Warrants and Disbursements R City of Blue Lake Check/Voucher Register- City Council Check Report From 11/1/2024 Through 11/30/2024 Check Number Check Date 12447 12448 12449 12450 241101A01 241101A02 241101A03 241101A04 241101A05 241101A06 241101A07 241101A08 241101A09 241101AI0 241101A11 241101A12 241101A13 241101A14 241101A15 241101A16 241101A17 241101EFT-01 241101EFT-02 241101EFT-03 241101EFT-04 241101EFT-05 241101EFT-06 241101EFT-07 2390 2391 2392 2393 12452. 12453 12454: 12455 12456 12457 12458 12459 12460 12461 12462 12463 12464: 12465 12466 12467 12468 12469 12470. 12471 12472 12473 12474: 12475 Date 120240249,10PM Payce 11/1/2024 Danicll. Dimick 11/1/2024 Michacl D. Downard 11/1/2024 Liesl A. Finkler 11/1/2024 Vickil. Hutton 11/1/2024 Christopher A. Ball 11/1/2024 Glenn! R. Bernald 11/1/2024 Rosine S. Boycc-Derricolt 11/1/2024 Skyler A. Coke 11/1/2024 Melissa M. Combs 11/1/2024 Christopher B. Edgar 11/1/2024 Adclinel L. Esh 11/1/2024 Anali E. Gonzalez 11/1/2024 Hazel E.I Hale 11/1/2024 Kanoal K. Jones 11/1/2024 Austin R.. Jones 11/1/2024 Amanda L Mager 11/1/2024 Aislin? N. McKinney 11/1/2024 Jacobl P. Meng 11/1/2024 Antoinette M. Quigley 11/1/2024 Quinn Sousa 11/1/2024 Emily P. Wood 11/1/2024 U,S. Department of Treasury 11/1/2024 Employment Development Dept. 11/1/2024 CAIPERS 11/1/2024 Freedom Voice 11/1/2024 Square 11/1/2024 CA: State Disbursement Unit 11/1/2024 CA State Disbursement Unit 11/5/2024 Briaunna Sherman 11/5/2024 William. Jarnaghan 11/5/2024 Ginette Walker 11/5/2024 City ofl Blue Lake 11/8/2024 Wildland Operators 11/8/2024 North Coast CWEA: 11/13/2024 Aflaci 11/13/2024 AT&T 11/13/2024 Arcata Stationers 11/13/2024 Bluel Lake Garbage Co. 11/13/2024 City ofl Blue Lake 11/13/2024 Colantuono, Highsmith, Whatley 11/13/2024 Coastall Business Systems Inc. 11/13/2024 CIRA 11/13/2024 Christopher B. Edgar 11/13/2024 Liesl Finkler 11/13/2024 Humb. Bay Municipal Water Dist 11/13/2024 Humboldt Co. Sherifl'sOffice 11/13/2024 Humboldt Co. Sherif'sOffice 11/13/2024 Intedata Systems 11/13/2024 Adelene. Jones 11/13/2024 John Meng 11/13/2024 National Rural Water Assoc. 11/13/2024 Optimum 11/13/2024 OReilly Auto Parts 11/13/2024 Paradise Cayl Publications 11/13/2024 Pacific Gas andl Electric 11/13/2024 RREDC Check Description Check Amount 819.29 1,046.83 255.15 1,587.98 357.77 2,015.50 618.15 976.23 530.45 1.821.34 123.07 1,167.22 173.08 146.93 1,151.32 1,948.68 344.74 1,109.41 1.239.98 642.65 1,732.69 6,689.51 1,119.59: 4,547.82 122.59 29.00 92.30 104.30 49.06 93.88 86.90 322.16 10,000.00 190.00 229.56 63.14 209.71 433.34 3,307.66 75.00 443.11 292.80 50.00. 46.50 17,652.16 748.00 47,671.25 95.00 50.00 588.00 965.00 467.87 11.94 239.25. 4.69 1.236.87 Page: 1 Employee: dimickd: Pay Date: 11/1/2024 Employce: downardm; Pay Date: 11/1/2024 Employce: finkler!; Pay Date: 11/1/2024 Employee: huttonv: Pay Date: 11/1/2024 Employee: balle: Pay Date: 11/1/2024 Employce: bernaldg: Pay Date: 11/1/2024 Employce: boycer: Pay Date: 11/1/2024 Employce: cokes; Pay Date: 11/1/2024 Employee: combsm: Pay Date: 11/1/2024 Employee: edgarc: Pay Date: 11/1/2024 Employee: esha; Pay Date: 11/1/2024 Employee: gonzalcza: Pay Date: 11/1/2024 Employce: halch; Pay Date: 11/1/2024 Employce: jonesk; Pay Date: 11/1/2024 Employce: jonesa: Pay Date: 11/1/2024 Employee: magera; Pay Date: 11/1/2024 Employce: mckimeya: Pay Date: 11/1/2024 Employee: mengi: Pay Date: 11/1/2024 Employce: quigleya; Pay Date: 11/1/2024 Employce: sousaq: Pay Date: 11/1/2024 Employce: woode: Pay Date: 11/1/2024 EFTPS federal tax pmt 11/1/24PR: DE88 state tax pmt 11/1/241 PR PERS retirement pmt 11/1/24PR Freedom Voice 11/1/24 statement Squares subscription 1/1/24-12/1/24 11/1/24CSI PR deduction-Coke 11/1/24CSI PR deduction-Edgar Deposit Refundi #20351001 Sherman Deposit Refund #20352301 Jarnaghan Deposit Refund #60659001 Walker Utilities paid from Deposits 11/1/241 Billing Wildland Operators 7/18/241 INV0126#3 NCCWEA: awards banquet 11/8/24 10/25/2024 Inv#813268 2-10/20/24 Statement 11/1/2024 Statement 9/30/2024 Inv#49X02929 water/sewer payments 11/1/2024 Nov 5,20241 Inv#f 62454 10/28/2024 Invi37759209 10/23/24 InvINV-2424 Oct 2024 Council Stipend 10/30/24 & 10/14/24 Supply Reimb Billing Period Oct. 1-31.2024 Nov: 2024 Animal Shelter Law Enforcement Scrv Jul-Sep. 2024: 10/31/2024: Statement Oct2 2024 Council Stipend 10/29/241 Dentall Pymnt Meng SCADA loan pmnt due 12/1/24 Billing Perodi1/124-113024 10/28/24 Statement 10/29/24 Statement 11/1/2024: Statement Town Square loan pmt due 12/1/24 City ofl Blue Lake Check/Voucher Register City Council Check Report From 11/1/2024 Through 11/30/2024 Check Number Check Date 12476 12477 12478 12479 12480: 12481 12482 12483 12484: 12485 12486 12487 12488 12489 12490 12491 12492 12493 12494 12495 12496 12497 12498 12499 12500. 12501 12502 12503 12504 241115A01 241115A02 241115A03 241115A04 241115A05 241115A06 241115A07 241115A08 241115A09 241115A10 241115AI1 241115A12 241115A13 241115A14 241115A15 241115A16 241115A17 241115EFT-01 241115EFT-02 241115EFT-03 241115EFT-04 241115EFT-05 12506 12507 12508 12509 12510 Date: 12/624,024910PME Payee Check Description Oct 2024 Council Stipend DI-Operator Certification Feei Edgar 10/15/24 Statement Bill Summary Sep 22-0ct21,2024 Oct 2024Council Stipend Employee: dimickd; Pay Date: 11/15/2024 Employee: downardm; Pay Date: 11/15/2024 Employee: finklerl; Pay Date: 11/15/2024 Employee: huttonv: Pay Date: 11/15/2024 4-11-4-24Call Net 3bills 10/12/24& 11/9/241 Invoices 10/31/2024: Statement 9/15/24 work order/invoice #4498 Nov 1/20245 Statement Property Tax FY24/25 Springline 8292492624,03124- Adult Skate DJ 11/8/2024 Inv# 442872 11/1/24: Statement 10/31/24: Statement Business Ofice Petty Cash Reimburse 11/13/2024 10/31/24 Inv #5662&5 5698. 9/30/248 & 10/31/24: Statement 10/31/24: Statement 10/31/24: Statement 11/1/241 INV#I198 10/24/241 INV#141468 Shnl Inv#123176 Planning 9/16/241 Inv#122743 Planning 10/18/24 Invi 1231111 Engincering Employce: balle: Pay Date: 11/15/2024 Employce: bernaldg: Pay Date: 11/15/2024 Employee: boycer: Pay Date: 11/15/2024 Employee: cokes: Pay Date: 11/15/2024 Employee: combsm: Pay Date: 11/15/2024 Employce: edgarc: Pay Date: 11/15/2024 Employee: esha; Pay Date: 11/15/2024 Employce: gonzaleza: Pay Date: 11/15/2024 Employce: haleh: Pay Date: 11/15/2024 Employee: jonesk: Pay Date: 11/15/2024 Employee:, jonesa: Pay Date: 11/15/2024 Employce: magera: Pay Date: 11/15/2024 Employce: mckinneya: Pay Date: 11/15/2024 Employce: mengi: Pay Date: 11/15/2024 Employce: quigleya: Pay Date: 11/15/2024 Employee: sousaq: Pay Dates 11/15/2024 Employee: woode: Pay Date: 11/15/2024 EFTPS federalt tax pmt 11/15/24PR DE88 state tax pml 1I/15/24PR: PERSI retirement pmt 11/15/241 PR 11/15/24CSI PR deduction-Coke 11/15/24CSI PR deduction-Edgar 10/22/24 Statement Dental Pymt- Edgar Oct 20240 Council Stipend 10/30/20241 Inv. #A38892 Employce: dimickd: Pay Date: 11/27/2024 Check Amount 50.00 70.00 2,288.28 332.72 50,00 788.12 899.01 262.59 1,702.20 343.95 334.64 605.81 700.00 693.32 54.90 1,050.00 1,648.76 1.497.35 30.36 62.27 3,607.50 289.17 1,618.50 10,329.39 149.00 290.00 9,265.00 5,105.00 3,262.50 573.18 3,071.68 640,94 930.16 642.00 2,007.03 192.31 1,167.22 50.01 448.93 1.252.48 1,836.38 202.08 1,109.41 1.272.58 561.84 1,465.82 7.501.20 1,335.05 4,624.58 92.30 104.30 7,586.34 150.40 50.00 58.93 850.46 Page:2 11/13/2024 Elise G. Scafani 1I/13/2024 SWRCB-DWOCP 11/13/2024 Tensor IT 11/13/2024 Verizon Wireless 11/13/2024 Angcla Shull 11/15/2024 Danicll Dimick 11/15/2024 Michael D. Downard 11/15/2024 Licsl A. Finkler 11/15/2024 Vickil. llutton 11/15/2024 AT&T 11/15/2024 B&I BF Portable ToiletCo. 11/15/2024 Dazey's Arcata 11/15/2024 Garcia's Cleaning Service 11/15/2024 The Hilliker Company 11/15/2024 Humboldu County," Tax Collector 11/15/2024 Jay D. Collins 11/15/2024 Jackson & Eklund 11/15/2024 Mendes Supply Company 11/15/2024 Thel Mill Yard 11/15/2024 Melissa Combs Petty Cash 11/15/2024 The Mitchell Law Firm, LLP 11/15/2024 Mckinleyville Acel Hardware 11/15/2024 Pape Machinery, Inc: 11/15/2024 Pacific Gas: and Electric: 11/15/2024 Redwood Curtain Design. 11/15/2024 RestifCleaning Service 11/15/2024 SHN Consulting 11/15/2024 SIIN Consulting 11/15/2024 SIIN Consulting 11/15/2024 Christopher A.Ball 11/15/2024 Glenn R. Bernald 11/15/2024 Rosine S. Boyce-Derricott 11/15/2024 Skyler A. Coke 11/15/2024 Mclissal M. Combs 11/15/2024 Christopher B: Edgar 11/15/2024 Adeline L. Esh 11/15/2024 Anali E. Gonzalez 11/15/2024 Hazel E. Hale 11/15/2024 Kanoa K.. Jones 11/15/2024 Austin R., Jones 11/15/2024 Amandal L. Mager 11/15/2024 Aislin N. McKimey 11/15/2024 Jacob P. Meng 11/15/2024 Antoinette M. Quigley 11/15/2024 Quinn Sousa 11/15/2024 Emily P. Wood 11/15/2024 U.S. Department of Treasury 11/15/2024 Employment Development Depl, 11/15/2024 Call PERS 11/15/2024 CAState Disbursement Unit 11/15/2024 CA State Disbursement Unit 11/21/2024 US Bank Corp. Payment Systems 11/21/2024 Bradford Tucker 11/21/2024 Christopher Guy Firon 11/21/2024 Eurckal Rubber Stamp Co. 11/27/2024 Danicll L Dimick City ofl Blue Lake Check/Voucher Register City Council Check Report From 11/1/2024 Through 11/30/2024 Check Number Check Date 12511 12512 12513 12514 12515 12516 12517 12519 12520 12521 12522 12523 12524 12525 12526 12527 12528 12531 241127A01 241127A02 241127A03 241127A04 241127A05 241127A06 241127A07 241127A08 241127A09 241127A10 241127A11 241127A12 241127A13 241127A14 241127A15 241127A16 241127A17 241127EFT-0L 241127EFT-02 241127EFT-03 241127EFT-04 241127EFT-05 Report Total Payce Check Description Check Amount 841.28 280.92 1,587.98 15,284.13 209.84 1,400.00: 888.70 645.00 1,372.70 898.10 100.00 1.072.50 10.48 1,375.98 112.50 140.00 100,00 675.00 769.31 1,628.11 524.65 1,125.09 642.01 2,495.44 246.15 1,167.22 138.46 228.54 1,209.13 1,948.68 352.67 1,221.70 1,269.00 300.43 1,465.81 6,714.14 1,103.48 4,643.50 92.30 104.30 261,779.60 11/27/2024 Michacl D. Downard 11/27/2024 Liesl A. Finkler 11/27/2024 Vickil. Hutton 11/27/2024 FRMS 11/27/2024 Hensel's Acel Hardware 11/27/2024 Microbac Laboratorics: Inc. 11/27/2024 Redwood Petrolcum 11/27/2024 SHN Consulting 11/27/2024 TensorT 11/27/2024 U.S. Postal Service 11/27/2024 Tameson L. Livengood 11/27/2024 Jessical B. Parker 11/27/2024 Christopher A. Ball 11/27/2024 Bluc Lake Garbage Co. 11/27/2024 Gaynor Telesystems. Inc.. 11/27/2024 Local Mow Man 11/27/2024 Michacl Shaun Dolan 11/27/2024 Michael Salmon 11/27/2024 Christopher A. Ball 11/27/2024 Glenn R. Bernald 11/27/2024 Rosine S. Boyce-Derricott 11/27/2024 Skyler A. Coke 11/27/2024 Melissal M. Combs 11/27/2024 Christopher B. Edgar. 11/27/2024 Adelinel L Esh 11/27/2024 Anali E. Gonzalez 11/27/2024 Hazel E. Hale 11/27/2024 Kanoal K.. Jones 11/27/2024 Austin R. Jones 11/27/2024 Amandal L. Mager 11/27/2024 Aislin N. McKinney 11/27/2024 Jacobl P. Meng 11/27/2024 Antoinctte M. Quigley 11/27/2024 Quinn Sousa 11/27/2024 Emily P. Wood 11/27/2024 U.S. Department of Treasury 11/27/2024 Employment Devclopment Dept: 11/27/2024 Cal PERS 11/27/2024 CA State Disbursement Unit 11/27/2024 CA: State Disbursement Unit Employees downardm: Pay Date: 11/27/2024 Employee: finklerl: Pay Date: 11/27/2024 Employce: huttonv; Pay Date: 11/27/2024 Billing! Period:s 96-12/01/24 tol 12/31/24 10/31/24 Statement 11/13/2024: Statement 11/14/2024 Inv #148 11/15/241 Inv#123452 Town Square 11/15/2024 Statement 11/4/24: Stamped Envelope Order: Umpire Services for Fall 2024 Woodbat Season Umpirc: Services for 2024 Fall Woodbat Scason Rcimbursement 11/22/24. 10/31/24 Inv #47X02917 10/31/24 Invi45116 11/1/241 Inv#15242 Umpire Services Fall: 2024 Woodbat Season Umpire Services Fall Woodbat 2024 Employee: balle: Pay Date: 11/27/2024 Employce: bernaldg: Pay Date: 11/27/2024 Employee: boycer; Pay Date: 11/27/2024 Employce: cokes: Pay Date: 11/27/2024 Employee: combsm; Pay Date: 11/27/2024 Employce: edgarc: Pay Date: 11/27/2024 Employee: esha: Pay Date: 11/27/2024 Employce: gonzaleza; Pay Date: 11/27/2024 Employce: halch: Pay Date: 11/27/2024 Employce: jonesk; Pay Date: 11/27/2024 Employce: jonesa: Pay Date: 11/27/2024 Employce: magera: Pay Date: 11/27/2024 Employce: mckinneya: Payl Date: 11/27/2024 Employce: mengi: Pay Date: 11/27/2024 Employee: quigleya: Pay Date: 11/27/2024 Employee: sousaq: Pay Date: 11/27/2024 Employce: woode: Pay Date: 11/27/2024 EFTPS federal tax pmt 11/27/241 PR DE88 state tax pmt 11/27/24PR PERS retirement pmt 11/27/241 PR 11/27/24CSI PR deductions-Coke 11/27/24CSI PR deductions-Edgar Date: 12/02402-9,10PM Pagei 3 (707)668-5655 Fax: (707)668-5916 www.bluelake.ca.gov CITY OF BLUE LAKE CALIFORNIA 111 Greenwood Road P.O. Box 458 Blue Lake, CA 95525 Blue Lake City Council Minutes Tuesday, October 22, 2024 6:30 p.m. - Regular Council Meeting Skinner Store Building n 111 Greenwood Rd., Blue Lake a Behind City Hall 1.Called to Order: 6:30 p.m. Councilmembers Present: Mayor Jones, Councilmember Edgar, Councilmember Firor, Councilmember Scafani Councilmembers Absent: Councilmember Shull StaffPresent: City Manager Mager, City Clerk Gonzalez, Office Assistant Quigley Public Present: Mardi Grainger, Michelle, Kat Napier, Becki Thornton, Alex Ricca, Erin McClure, Lin Glen, Verda Pitts, John Sawatsky, Emily Wood, Dennis Whitcomb, Matt Isaac, Jean Lynch, Megan Staff Present: City Manager Mager, City Attorney Plotz, City Clerk Gonzalez, Administrative Assistant Acevedo, Lori Ponte Quigley 2.Pledge of Allegiance 3.Approval ofthe Agenda Councilmember Scafani: Requests to move: "future agenda items" above the closed session item. No Public Comment session. Motion by: Councilmember Scafani to approve the agenda moving future agenda items before the closed Seconded by: Councilmember Edgar Motion Summary: The motion carried unanimously. 4.Public Comment on Items not on the Agenda: Lin Glen: Comments on the lack of a polling location in Bluel Lake. Becky Thornton: Comments on the actions ofthe Council on October 8, 2024. Kat Napier: Comments on social media posts and untrue commentary. Lori Ponte: Requests that a Commissioner representative provide a report at City Council meetings. Alex Ricca: States that the City election is the most contentious election he has seen in 43 years. Jon Sawatsky: States that he accepts the Council appointment but feels it was preordained. 1Page Dennis Whitcomb: Comments that the discussion over: signage could have been llwiatedifcommuniy members participated at the commission level. 5.City of Blue Lake Public Safety Commission Appointment: Mayor Jones introduces the item and reads the staff agenda report. Alex Ricca has applied for a vacant seat on the Public Safety Commission, Yahaira Padilla has applied for an Advisory position on the Arts and Heritage Commission and Mathew Issac has applied for a vacant seat on the Planning Commission. Councilmember Scafani: Questions the Arts and Heritage Commission application; states that the Alex Ricca introduces himselfto the Council; he's a long-time resident of Blue Lakea and worked for the Mathew Issac introduces himselfa as a twenty-year resident, raising his family in Blue Lake and wants tol help Councilmember Scafani: Asks Mathew Issac ifhe's attended Council and Planning Commission meetings Motion: To appoint Alex Ricca to the Public Safety Commission, Mathew Issac to the Planning Commission commission is full. City Manager Mager: Clarifies that the position is an Advisory Position. City's Parks and Recreation department. the City grow. and ifhe will be able to attend. and Yahaira Padilla to the Arts and Heritage Commission Advisory position. Motion by: Councilmember Edgar Seconded by: Councilmember Firor Public Comment: John Sawatzky: Acknowledges Alex Ricca's contribution to the community Motion Summary: Motion passed by consensus 6.1 Presentation of the Draft Blue Lake 2023 Fiscal Audit Mayor Jones Presents the item and reads the staff report. Brett Jones, Auditor from JJACPA, presents the draft audit; there is one reportable finding regarding the timeliness of the audit adoption; he will be issuing an unqualified opinion which reflects that the auditor found the City's financial statements to be free of material issues. This is the opinion that the City wants to receive. Mayor Jones: Asks ifthe finding will result in any penalties to the City. Brett Jones: States that he doesn'tanticipate that it will: result in any issues. Councilmember Scafani: Questions the reference to a communication letter that wasn't in the report. Brett Jones: It will be in the final report. Public Comment: None 7.1 Introduce and Conduct the First Reading of an Ordinance of the City Council of the City of Blue Lake Adding Section 17.24.260 ofTitle 17 (Zoning) to Amend Section 17.24.260 of the Blue Lake Municipal Code- Discussion/Action Councilmember Scafani: States her support oft this ordinance change. 2Page Public Comment: Kat Napier: Comments on metal fasteners. Motion: To conduct the first reading ofa an Ordinance ofthe City Council ofthe City of Blue Lake Adding Section 17.24.260 ofTitle 17 (Zoning) to Amend Section 17.24.260 oft the Blue Lake Municipal Code by title only Motion by: Councilmember Scafani Seconded by: Councilmember Edgar Motion Summary: Consensus Discussion/Action 8. Discussion Regarding Law Enforcement services and Future Partnership Considerations- City Manager Mager presents the item; provides background on the issues regarding the current Sheriff Erike Young, CIRA Representative, provides information related to the indemnification issues, and provides information on the possible formation ofaj joint powers authority for law enforcement services in the future. Clarifies that Ferndale is a CIRA member agency as ist the City ofBlue Lake; as member agencies, CIRA is familiar with their risk levels. Dispatch services are being explored and Cal Poly Humboldt's dispatch Mayor. Jones introduces the item and reads the staff report. contract indemnification language and future escalating costs and service levels. department may be interested inj providing services. Councilmember Scafani: Recommends forming an ad-hoc committee ofthe Council. Public Comment: Alex Ricca: Comments on the City's history with police services and partnership with Trinidad. Jean Lynch: Comments on Blue Lake having aj police department; questions liability. Erike Young: Clarifies that CIRA is the risk manager and would be providing the liability coverage, or the JPA could seek other coverage. Lori Ponte: Comments on liability issues. Council directs staff to pursue discussions and to bring recommendations back to the Council as information is gathered. 9.City Council Assignments Mayor Jones introduces the item and reads the staff report. Council discusses current Council assignments. Motion by: Councilmember Scafani Seconded by: Councilmember Edgar No public comment Motion Summary: Consensus 10. Council Correspondence Mayor Jones reads correspondence Motion: To appoint Councilmember Firor to the assignments vacated by former Councilmember Mackay. 3]Page 1la. Consent Items: Mayor. Jones introduces the item minutes and the Retired Teachers Proclamation Motion by: Councilmember Scafani Seconded by: Councilmember Firor Public Comment: Motion: To pull the warrants and disbursements from consent and to approve the August 27, 2024 meeting John Sawatzky: Comments on public comment on correspondence Lori Ponte: Comments on Mayor. Jones reading Council Correspondence Motion Summary: Consensus 11b. Warrants and Disbursements Note: Councilmember Edgar recuses himselfand leaves the room. Mayor Jones introduces the item. Motion: To accept the warrants and disbursements Motion by: Councilmember Scafani Seconded by: Councilmember Firor Public Comment: None Reports of Council and Staff but did not receive a return call. Councilmember Scafani: Nothing to report Motion Summary: Consensus (Jones, Scafani, Firor) Councilmember Edgar: States that he attempted to contact Blue Lake Rancheria representative Jason Ramos Councilmember Jones: Reports on Humboldt Waste Management Authority, Arts and Heritage and Humboldt County Association ofGovernment meetings. Note: Councilmember Scafani leaves the room at 8:04pm. 12. Future Agenda Items: Formation of an ad-hoc for law enforcement services Final Audit presentation and adoption Second reading and adoption ofi metal roofordinance Circulation Element Council discusses future meeting dates. 13. Closed Session. Motion: To enter into closed session (8:22pm). Motion by: Councilmember Scafani Seconded by: Councilmember Firor 4Page Public Comment: Lin Glen: Supports leasing City owned land; a City councilmember should be on any negotiating team. Kat Napier: Supports leasing land. Motion Summary: Consensus Motion by: Councilmember Scafani Seconded by: Councilmember Edgar No Public Comment Motion Summary: Consensus 14. Adjournment Motion: To come out of closed session at 10:00pm; nothing to report Motion: Motion to Adjourn (10:00pm) Motion by: Councilmember Scafani Seconded by: Councilmember Edgar No Public Comment Motion Summary: Consensus 5Page