Agenda Regular Meeting of the Board of Commissioners Humboldt Bay Harbor, Recreation and Conservation District

AGENDA REGULAR MEETING OF THE BOARD OF COMMISSIONERS HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT

DATE: April 8, 2021

TIME: Closed Session – 5:00 P.M. Regular Session – 6:00 P.M.

PLACE: Join Zoom Meeting https://us02web.zoom.us/j/3432860852

Meeting ID: 343 286 0852 One tap mobile (669) 900-9128, 343 286 0852# US

1. Call to Order Closed Session at 5:00 P.M.

2. Public Comment Note: This portion of the Agenda allows the public to speak to the Board on the closed session items. Each speaker is limited to speak for a period of three (3) minutes regarding each item on the Closed Session Agenda. The three (3) minute time limit may not be transferred to other speakers. The three (3) minute time limit for each speaker may be extended by the President of the Board of Commissioners or the Presiding Member of the Board of Commissioners.

3. Move to Closed Session a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Terms of potential lease and sublease of District’s lease interest by District under lease between the District and Mario’s Marina LLC dated April 1, 2016 for the real property commonly known as Mario’s Marina in Shelter Cove (APN: 108-171-023-000), Humboldt County, California pursuant to California Government Code § 54956.8. District negotiators: Larry Oetker, Executive Director and Ryan Plotz, District Counsel. Negotiating party: Mario’s Marina and Shelter Cove Fisherman’s Preservation, Inc. Under negotiation: price and payment terms.

b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Terms of lease of real property in Fields Landing, Humboldt County, with Assessor’s Parcel Numbers, 307-101-002 California pursuant to California Government Code § 54956.8. District negotiators: Larry Oetker, Executive Director and Ryan Plotz, District Counsel. Negotiating party: Tod Reincke. Under negotiation: price and payment terms. Agenda for April 8, 2021 Regular Board Meeting

c) CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Terms of potential lease of real property with Assessor’s Parcel Numbers 401-112-021, 401-112-024, 401-031-040 and portions of Humboldt Bay on the Samoa Peninsula, Humboldt County, California pursuant to California Government Code § 54956.8. District negotiators: Larry Oetker, Executive Director and Ryan Plotz, District Counsel. Negotiating party: Trans- Pacific Networks Cayman Operating Company, LLC. (Jack Ferris). Under negotiation: price and payment terms.

d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code section 54957(b)(1). Title: Executive Director – Larry Oetker

1. Call to Order Regular Session at 6:00 P.M. and Roll Call

2. Pledge of Allegiance

3. Report on Closed Session

4. Public Comment Note: This portion of the Agenda allows the public to speak to the Board on the various issues NOT itemized on this Agenda. A member of the public may also request that a matter appearing on the Consent Calendar be pulled and discussed separately. Pursuant to the Brown Act, the Board may not take action on any item that does not appear on the Agenda. Each speaker is limited to speak for a period of three (3) minutes regarding each item on the Agenda. Each speaker is limited to speak for a period of three (3) minutes during the PUBLIC COMMENT portion of the Agenda regarding items of special interest to the public NOT appearing on the Agenda that are within the subject matter jurisdiction of the Board of Commissioners. The three (3) minute time limit may not be transferred to other speakers. The three (3) minute time limit for each speaker may be extended by the President of the Board of Commissioners or the Presiding Member of the Board of Commissioners at the regular meeting of the District. Callers can “raise their hand” by pressing *9 and unmute themselves by pressing *6.

5. Consent Calendar a) Adopt Minutes for March 11, 2021 Regular Board Meeting b) Adopt Minutes for March 22, 2021 Special Board Meeting c) Receive District Financial Reports for February 2021 d) Charter Agreement for Lowell Wallace e) Charter Agreement for Micah Woolworth f) Charter Agreement for R. Charles and Kim Class

6. Communications, Reports and Correspondence Received a) Executive Director’s Report b) Staff Reports c) District Counsel and District Treasurer Reports

Page 2 of 103 2 Agenda for April 8, 2021 Regular Board Meeting

d) Commissioner and Committee Reports e) Correspondence Received

7. Unfinished Business - NONE

8. New Business a) Approve Memorandum of Understanding Between the Shelter Cove Resort Improvement District and Shelter Cove Fishing Preservation, Inc. and the Humboldt Bay Harbor, Recreation and Conservation District Recommendation: Staff recommends that the Board: Authorize the Executive Director to sign the Memorandum of Understanding (MOU). Summary: The Harbor District’s Shelter Cove Subcommittee has been working with the subcommittees of the Shelter Cover Resort Improvement District (SCRID) and Shelter Cove Fishing Preservation Inc. (SCFPI) Boards to develop solutions that will maintain critical recreational and commercial fishing facilities in Shelter Cove. A MOU has been developed that would formalize this partnership and effort. District staff seeks Board approval to enter the MOU.

b) Shelter Cove Fishing Preservation, Inc. Sublease and Janitorial Agreement Recommendation: Staff recommends that the Board: Authorize the District’s Attorney to draft and the Executive Director to sign a sublease and services agreement with Shelter Cove Fishing Preservation Incorporated (SCFPI). Summary: The Harbor District leases a site in Shelter Cove from Mario’s Marina LLC. The site has been sub-leased to the SCFPI for operation of marina related facilities. Through a janitorial services agreement, the Harbor District has provided $25,000 annually for SCFPI’s services.

c) Consider Approving Resolution 2021-04 Adopting an Initial Study/ Mitigated Negative Declaration, and Establishing Findings Relative to the Permit Application for the Humboldt Bay Trail South and Approve Permit 2021-01 Recommendation: Staff recommends that the Board: 1) Approve Resolution No. 2021-04 Adopting an Initial Study/ Mitigated Negative Declaration and Establishing Findings Relative to the Permit Application for the Humboldt Bay Trail South. 2) Approve Permit 2021-01 for the Humboldt Bay Trail South Project. Summary: The County of Humboldt applied for a Harbor District permit for development of Humboldt Bay Trail South. The Harbor District Board is to consider issuing a permit.

d) Review Potential Funding Opportunities to Support the Development of a New Multipurpose Terminal to Support the Emerging West Coast Offshore Wind Industry

Page 3 of 103 3 Agenda for April 8, 2021 Regular Board Meeting

Recommendation: Staff recommends that the Board: Receive a presentation from Staff and provide direction as appropriate. Summary: The Harbor District owns all the shoreline property from the Samoa Bridge to the former LP Pulp Mill where Nordic Aquafarms is in the process of developing and the new Trans-Pacific broadband cable landing site is located. In March, the Board authorized a contract to prepare three conceptual master plans for the entire area which includes a new multipurpose terminal and offshore wind assembly terminal. This week the Biden Administration announced their plans to “Jumpstart Offshore Wind Energy Projects to Create Jobs.” As part of this effort $230 million in funding was made available through the Port Infrastructure Development Program (PIDP) under the Department of Transportation Maritime Administration.

e) Consider Implementing Hybrid Transitionary Board Meeting Protocol and Appropriate $9,000 for the Purchase and Installation of New Video Streaming Equipment for Improved Public Access and Transparency Recommendation: Staff recommends that the Board: Implement a hybrid transitionary Board meeting structure and appropriate $9,000 for video streaming equipment. Summary: In March of 2020 the State adopted changes to the Brown Act open meeting law requirements during the COVID 19 pandemic. During the last year, the Board has met in properly noticed virtual meetings with no in-person Board meetings conducted. The Board has directed Staff to research affordable ways that the District could live- stream in-person Board meeting once COVID 19 restrictions are lifted.

f) Review of The Draft Budget Process and Policy and Preliminary Budget and Goals for Redwood Marine Terminal I, Redwood Marine Terminal II, and Shelter Cove Recommendation: Staff recommends the Board: Review and provide direction regarding the: 1) Draft budget process and policy, 2) Preliminary budget and goals for Redwood Marine Terminal I, Redwood Marine Terminal II, and Shelter Cove. Summary: The budget is prepared annually under direction of the Executive Director. In accordance with CA Harbors and Navigation Code Section 6093, on or before June 15, the District Board shall estimate and determine the amount of money required by the Harbor District and shall adopt a preliminary budget. Per Section 6093.3, the final budget shall be reported to the Board of Supervisors no later than August 1st.

g) Award Bid to Replace A 480 Volt, 3 Phase, 200 Amp Service Electrical Feed, Along with A Low Voltage Feed Carrying Internet and Telecommunications and All Related Connections/Terminations to A Shore Tie Recommendation: Staff recommends that the Board: Review the Bids and Award the Bid to the Lowest Responsible Bidder.

Page 4 of 103 4 Agenda for April 8, 2021 Regular Board Meeting

Summary: The Coast Guard vessel moored at Woodley Island Marina needs to relocate from A dock back to its original lease slip of F dock. The vessel was originally moved due to draft restrictions. As a result of dredging activities over the last couple of years, the relocation back to F dock is ready to proceed pending the relocation of the electrical shore tie.

h) Authorize the Executive Director to Negotiate and Execute a Federal Maritime Commission Agreement and Bylaws Through the California Association of Port Authorities Recommendation: Staff recommends that the Board: Authorize the Executive Director in consultation with the District’s Attorney to negotiate and execute a Federal Maritime Commission (FMC) Agreement though the District’s membership with the California Association of Port Authorities (CAPA). Summary: The Harbor District is a member of CAPA which is comprised of the 11 major deep-water port authority across California. As Executive Director, I am one of the eleven CAPA Board Members and regularly meet as a member of the CAPA Tariffs & Practices Committee. Because CAPA members participate in discussions with the other member Ports regarding rates, development, marketing and other regulation items, CAPA is required to have an FMC Agreement.

i) Consideration of Resolution 2021-05, A Resolution to Authorize the Execution of a Grant Agreement and Accept Funds from the California Department of Fish and Wildlife for Secretariat Services for the Harbor Safety Committee of the Humboldt Bay Area for Fiscal Year 2021-2022 Recommendation: Staff recommends the Board: Adopt Resolution 2021-05. Summary: The California Department of Fish and Wildlife (CDFW) Office of Spill Prevention and Response (OSPR) in compliance with the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 established five regional Harbor Safety Committees (HSC) throughout California as described in California Government Code 8670.23. Each HSC is responsible for planning for the safe navigation and operation of tankers, barges and other vessels within each of California’s major harbors and must produce an annual Harbor Safety Plan (HSP) encompassing all vessel traffic within the harbor. These functions are essential to the consistent achievement of maritime safety and the prevention of major marine oil pollution incidents.

9. Future Agenda Items a) Bar Pilot Recruitment b) Brown Act Training c) Green Diamond Shared Services Agreement

10. Adjournment

Page 5 of 103 5 Agenda Item 5a.

DRAFT MINUTES REGULAR MEETING OF THE BOARD OF COMMISSIONERS HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT March 11, 2021

The Humboldt Bay Harbor, Recreation and Conservation District met in regular session on the above date, Closed Session met at 5:00 P.M. Regular Session met at 6:00 P.M via video conference with a teleconference option. CLOSED SESSION – 5:00 PM

PUBLIC COMMENT: The following individuals addressed the Commission regarding subject matters on the closed session meeting agenda: No one.

a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Terms of potential lease and sublease of District’s lease interest by District under lease between the District and Mario’s Marina LLC dated April 1, 2016 for the real property commonly known as Mario’s Marina in Shelter Cove (APN: 108-171-023-000), Humboldt County, California pursuant to California Government Code § 54956.8. District negotiators: Larry Oetker, Executive Director and Ryan Plotz, District Counsel. Negotiating party: Mario’s Marina and Shelter Cove Fisherman’s Preservation, Inc. Under negotiation: price and payment terms.

REGULAR SESSION – 6:00 P.M.

ROLL CALL: PRESENT: DOSS MARKS HIGGINS KULLMANN ABSENT: DALE – Intermittent cell service until Agenda Item 9. QUORUM: YES

PLEDGE OF ALLEGIANCE

REPORT ON CLOSED SESSION: No reportable action.

PUBLIC COMMENT: The following individuals addressed the Commission regarding subject matters not on this meeting’s agenda: No one.

Page 6 of 103 Draft Minutes for March 11, 2021 Regular Board Meeting

CONSENT CALENDAR a) Adopt Minutes for February 11, 2021 Regular Board Meeting b) Receive District Financial Reports for January 2021 COMMISSIONER MARKS MOVED TO ACCEPT CONSENT CALENDAR ITEMS A-B. COMMISSIONER DOSS SECONDED. ROLL CALL VOTE WAS CALLED, MOTION CARRIED. Ayes: DOSS, HIGGINS, KULLMANN, MARKS Noes: NONE Absent: DALE Abstain: NONE

COMMUNICATIONS, REPORTS AND CORRESPONDENCE RECEIVED a) Executive Director’s Report I. Executive Director presented Executive Director’s Report b) Staff Reports I. Staff presented on recent District activities. c) District Counsel and District Treasurer Reports I. None. d) Commissioner and Committee Reports I. Commissioners reported on recent activities and subcommittees e) Correspondence Received - Letter from Mary Ann Machi I. Board discussed. Commissioner Dale asked to put on the April 8, 2021 Agenda.

UNFINISHED BUSINESS - None

NEW BUSINESS a) Consider authorizing Board President to Submit a Letter of Support to AB 525 Related to Offshore Wind Energy Generation and Port Facilities I. Executive Director presented the item. II. The Commission discussed the item. III. Chair Kullmann opened the item to public comment. No one commented. IV. Chair Kullmann moved the discussion back to the Commission. COMMISSIONER HIGGINS MOVED TO SUBMIT A LETTER OF SUPPORT TO AB 525 RELATED TO OFFSHORE WIND ENERGY GENERATION AND PORT FACILITIES. COMMISSIONER DALE SECONDED. ROLL CALL VOTE WAS CALLED, MOTION CARRIED WITHOUT DISSENT. Ayes: DALE, DOSS, HIGGINS, KULLMANN, MARKS Noes: NONE Absent: NONE Abstain: NONE

Page 7 of 103 2 Draft Minutes for March 11, 2021 Regular Board Meeting

b) Consideration of Awarding Contract for Habitat Mitigation Design and Analysis I. District staff presented the item. II. The Commission discussed the item. III. Chair Kullmann opened the item to public comment. No one commented. IV. Chair Kullmann moved the discussion back to the Commission. COMMISSIONER MARKS MOVED TO AWARD CONTRACT FOR HABITAT MITIGATION DESIGN AND ANALYSIS TO GHD AS A ONE-YEAR PROJECT NOT TO EXCEED $27,000. COMMISSIONER DALE SECONDED. ROLL CALL VOTE WAS CALLED, MOTION CARRIED WITHOUT DISSENT. Ayes: DALE, DOSS, HIGGINS, KULLMANN, MARKS Noes: NONE Absent: NONE Abstain: NONE

c) Consideration of Accepting Permit Application 2021-02 (Samoa Boat Launch Improvements) for Filing I. District staff presented the item. II. The Commission discussed the item. III. Chair Kullmann opened the item to public comment. No one commented. IV. Chair Kullmann moved the discussion back to the Commission. COMMISSIONER DALE MOVED TO ACCEPT PERMIT APPLICATION 2021-02 FOR FILING. COMMISSIONER MARKS SECONDED. ROLL CALL VOTE WAS CALLED, MOTION CARRIED WITHOUT DISSENT. Ayes: DALE, DOSS, HIGGINS, KULLMANN, MARKS Noes: NONE Absent: NONE Abstain: NONE

d) Consideration of Initial 2021-2022 District Budget Preparation Schedule I. Executive Director presented the item. II. The Commission discussed the item. III. Chair Kullmann opened the item to public comment. No one commented. IV. Chair Kullmann moved the discussion back to the Commission V. Board directed staff to continue with the Budget Preparation Schedule.

FUTURE AGENDA ITEMS a) Bar Pilot Recruitment b) Brown Act Training c) Shelter Cove Service Agreement for Janitorial d) Award RFP for USCG power e) Green Diamond Shared Services Agreement f) Tony Machi Memorial Monument at Shelter Cove

Page 8 of 103 3 Draft Minutes for March 11, 2021 Regular Board Meeting

ADJOURNMENT – 6:51 P.M.

APPROVED BY: RECORDED BY:

______Patrick Higgins Mindy Hiley Secretary of the Board of Commissioners Director of Administrative Services

Page 9 of 103 4 Agenda Item 5b.

DRAFT MINUTES SPECIAL MEETING OF THE BOARD OF COMMISSIONERS HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT March 22, 2021

The Humboldt Bay Harbor, Recreation and Conservation District met in regular session on the above date, Closed Session met at 5:00 P.M. via video conference with a teleconference option.

CLOSED SESSION – 5:00 PM

PUBLIC COMMENT: The following individuals addressed the Commission regarding subject matters on the closed session meeting agenda: No one.

REPORT ON CLOSED SESSION: No reportable action.

ADJOURNMENT – 6:10 P.M.

APPROVED BY: RECORDED BY:

______Patrick Higgins Mindy Hiley Secretary of the Board of Commissioners Director of Administrative Services

Page 10 of 103 Agenda Item 5c.

HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT Monthly Cash Flow Analysis For The Months Ended February 28, 2021 and January 31, 2021

2/28/21 1/31/21 Account Balances Checking $ 234,394 $ 97,580 Savings 28,627 9,806 Tariff 508,602 470,987 County Treasury 132,212 110,861 Cash on hand 2,080 2,435 Total Cash 905,915 691,669

Add: Accounts Receivable (less doubtful accounts) 448,168 695,724 Less: Accounts Payable (450,587) (510,919) Available Cash and Receivables$ 903,496 $ 876,474

Change in Cash Balance Balance, Beginning of Month 691,669$ $ 737,423 Monthly Deposits 480,400 177,239 Monthly Payments (266,154) (222,993) Balance, End of Month $ 905,915 $ 691,669

Monthly Expenses Summary Significant/Unusual Expenses: Humboldt Bay Development Assoc lease payment$ 52,167 Extra principal payment for Coast Seafoods note payable $ 40,000 Sub-total, Significance/Unusual Expenses 52,167 40,000 General operating expenses and other misc. expense 213,987 182,993 Total Cash Payments $ 266,154 $ 222,993

Monthly Deposits Summary Significant/Unusual Revenues: Property taxes and interest income $ 21,351 Natural Resources Agency Sediment Management gran 199,984 Sub-total, Significant/Unusual Revenues 221,335 - General revenues 259,065 $ 177,239 Total Cash Receipts $ 480,400 $ 177,239

Summary of Cash Activity

$177,239 TOTAL CASH RECEIPTS $480,400

$222,993 TOTAL CASH PAYMENTS $266,154

691,669 TOTAL CASH 905,915

‐ 200,000 400,000 600,000 800,000 1,000,000

Prior Month Current Month

Page 11 of 103 Agenda Item 5c.

1:51 PM Humboldt Bay Harbor, Recreation & Conservation District 04/02/21 Balance Sheet Accrual Basis As of February 28, 2021

Feb 28, 21

ASSETS Current Assets Checking/Savings 10000 · PETTY CASH ON HAND 150.00 10100 · CHANGE FUND ON HAND 400.00 10111 · COIN MACHINE FUND 730.00 10200 · CASH IN BANK, CHECKING 6,029.98 10200.1 · Cash in BBVA, Checking 228,364.06 10400 · CASH IN COUNTY - FUND 2720 96,829.36 10500 · CASH IN COUNTY - FUND 3872 35,383.07 10600.1 · Cash in bank, Tariff BBVA 508,602.46 10700.1 · Cash in bank, Water BBVA 28,627.04 10901 · UNEXPENDED MARINA SURCHARGES 1,284,686.18 10902 · UNEXP SURCHARGES AVAIL CASH ADJ -904,635.97 10903 · RESTRICTED CASH -380,050.21

Total Checking/Savings 905,115.97

Accounts Receivable 12000 · ACCTS RECEIVABLE 708,155.74

Total Accounts Receivable 708,155.74

Other Current Assets 12100 · ALLOW FOR BAD DEBTS -259,988.12 12200 · TAXES RECEIVBLE 101,050.86 12300 · INTEREST RECEIVBLE 30,390.19 12600 · Note Receivable - NMTC 5,849,375.00 12700 · PREPAID EXPENSES 43,189.40 12800 · LEASE RECEIVABLE 1,539.71 1499 · Undeposited Funds 800.00

Total Other Current Assets 5,766,357.04

Total Current Assets 7,379,628.75

Fixed Assets CAPITAL ASSETS, NET 15000 · AUTOMOTIVE EQUIPMENT 95,639.08 15100 · OFFICE EQUIPMENT 193,303.88 15200 · OPERATING EQUIPMENT 314,098.74 15500 · MARINA, RESTAURANT COMPLEX 34,100.00 15600 · MARINA 10,529,004.29 15700 · FL BOAT BLDG & REPAIR FACILITY 4,302,259.53 15800 · SHELTER COVE 2,386,247.10 15900 · DREDGING COSTS 215,226.78 16000 · KING SALMON 15,143.99 16100 · MARINA DREDGE,CONSTR IN PROGRES 809,025.14 16400 · REDWOOD DOCK PROPERTY 3,010,194.30 16500 · HOMELAND SECURITY EQUIPMENT 2,254,007.60 16600 · TABLE BLUFF LIGHTHOUSE 361.44 16700 · AQUAPONICS PILOT FACILITY 96,036.61 16800 · REDWOOD TERMINAL 2 2,613,169.43 16900 · Dredge 1,215,423.27 17000 · ACCUMULATED DEPRECIATION -16,998,866.17

Total CAPITAL ASSETS, NET 11,084,375.01

14800 · SHIPWRECK PROPERTY 50,088.05 14900 · DOG RANCH PROPERTY 7,507.70

Total Fixed Assets 11,141,970.76

Other Assets 19000 · Deferred Outflows of PERS 270,798.00

Total Other Assets 270,798.00

TOTAL ASSETS 18,792,397.51

LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 20000 · ACCOUNTS PAYABLE 450,586.97

Total Accounts Payable 450,586.97

Other Current Liabilities Payroll tax & Withholding Liab

Page 1 Page 12 of 103 1:51 PM Humboldt Bay Harbor, Recreation & Conservation District 04/02/21 Balance Sheet Accrual Basis As of February 28, 2021

Feb 28, 21

21300 · STATE UNEMPLOYMENT TAX 2,261.62 21600 · PERS CARE/MEDICAL INSURANCE 6,082.62 21800 · STATE DISABILITY INSURANCE -810.28

Total Payroll tax & Withholding Liab 7,533.96

20100 · LEASE PAYABLE TO HBDA -16,377.00 20200 · NOTES PAYABLE 484,094.89 20400 · ACCRUED WAGES PAYABLE 21,749.14 20500 · ACCRUED INTEREST 24,535.93 20600 · ACCRUED VACATION PAYABLE 38,030.24 20800 · DEPOSITS ON HAND 20801 · KEY DEPOSITS ON HAND 14,840.00 20802 · PLUG DEPOSITS ON HAND 1,020.00 20803 · SLIP DEPOSITS ON HAND 44,680.81 20804 · STORAGE DEPOSITS 3,642.65 20806 · LEASE SECURITY DEPOSIT 156,053.42 20807 · STORAGE DEPOSIT - REDWOOD DOCK 2,750.26 20808 · WAIT LIST DEPOSIT 2,700.00

Total 20800 · DEPOSITS ON HAND 225,687.14

22000 · DEFERRED LEASE INCOME 58,488.01 24000 · Ground Lease Deferred Income 3,906,000.00 24002 · Groundlease Current Def Income 60,092.31 28000 · DEFERRED INCOME 131,588.24 28500 · OTHER DEFERRED CREDITS 723,523.92

Total Other Current Liabilities 5,664,946.78

Total Current Liabilities 6,115,533.75

Long Term Liabilities 24001 · Gound Lease Amortization -299,199.20 24003 · Groundlease Current Offset -60,092.31 25200 · ENVIRONMENTAL REMEDIATION LIAB 63,142.04 25500 · OPEB Liability 342,799.00 25600 · Note Payable-Coast Seafoods Co. 721,068.18 25700 · BOND PAYABLE 2014 REFINANCING 2,188,721.98 25800 · BBVA Loan Payable 1,151,501.68 25900 · LESS CURRENT PORTION -484,094.89 27000 · Net Pension Liability 1,033,203.00 27200 · Deferred Inflows of PERS 137,634.00

Total Long Term Liabilities 4,794,683.48

Total Liabilities 10,910,217.23

Equity 30500 · INVESTMENT IN FIXED ASSETS 9,187,855.05

30900 · RESTRICTED FUND BALANCE 736,144.00

31200 · GENERAL FUND BALANCE 31000 · FUND BALANCE - TIDELANDS TRUST -2,628,399.20 31200 · GENERAL FUND BALANCE - Other 473,138.20

Total 31200 · GENERAL FUND BALANCE -2,155,261.00

Net Income 113,442.23

Total Equity 7,882,180.28

TOTAL LIABILITIES & EQUITY 18,792,397.51

Page 2 Page 13 of 103 Agenda Item 5c.

1:54 PM Humboldt Bay Harbor, Recreation & Conservation District 04/02/21 Profit & Loss YTD Comparison Accrual Basis February 2021

Feb 21 Jul '20 - Feb 21

Ordinary Income/Expense Income Donations 46519 · Donations - Lighthouse 1.00 7.00

Total Donations 1.00 7.00

Dredging Revenue 41318 · Dredging Surcharge - T 12,428.53 92,628.91

Total Dredging Revenue 12,428.53 92,628.91

Fees 40108 · PERMITS-T 0.00 2,050.00 40808 · Pilotage Services - T 767.80 33,137.38 41308.1 · Poundage - T 0.00 628.17 41818 · Late Charges/Interest - T 750.00 6,280.00 41819 · Late Charges/Interest - NT 530.48 1,756.44 45608 · Chevron - Ports O&M - T 0.00 16,175.00

Total Fees 2,048.28 60,026.99

Float Replacement Account 41418 · Float Replacement 3,984.48 42,842.92

Total Float Replacement Account 3,984.48 42,842.92

Grant Revenue Conservation Grants 45208.3 · Conservation Grants, Gov't - T 0.00 0.22

Total Conservation Grants 0.00 0.22

Harbor Grants 45208.1 · Harbor Grants, Gov't - T 0.00 294,798.96

Total Harbor Grants 0.00 294,798.96

Total Grant Revenue 0.00 294,799.18

Harbor Surcharge 40908 · Harbor Improvement Surcharge-T 38,956.78 120,021.16

Total Harbor Surcharge 38,956.78 120,021.16

Interest Revenue 43108 · Interest Income - T 185.82 1,458.99 43109 · Interest Income - NT 13,479.00 107,832.00

Total Interest Revenue 13,664.82 109,290.99

Other Revenue 45908 · Other Revenue - T 0.00 1,585.00 45909 · Other Revenue - NT 10,449.34 10,870.02

Total Other Revenue 10,449.34 12,455.02

Rent Income 40218 · Slip Rents - T 31,333.61 330,126.27 40318.1 · Transient Rentals - T 2,197.02 23,454.85 40519 · Equipment Rent - NT 313.20 3,263.20 40809 · Yard Rent - NT 931.20 24,248.71

41108 · Rents, Tidelands Leases - T 28,925.09 246,601.80 41309 · Storage - NT 3,500.44 40,528.85 41409 · Upland Rent - NT 41409.2 · Redwood Terminal 2 - NMTC 5,007.69 40,061.52 41409 · Upland Rent - NT - Other 72,053.51 407,144.36

Total 41409 · Upland Rent - NT 77,061.20 447,205.88

Total Rent Income 144,261.76 1,115,429.56

Sales 40119 · Concession Sales - NT 328.00 3,301.25

Total Sales 328.00 3,301.25

Tax Revenue 43509 · Property Tax Revenues 92,289.00 731,811.00 43609 · HOMEOWNERS EXEMPT G/NT 0.00 3,501.00 43809 · TIMBER YIELD TAX GUAR G/NT 0.00 3,000.00

Page 1 Page 14 of 103 1:54 PM Humboldt Bay Harbor, Recreation & Conservation District 04/02/21 Profit & Loss YTD Comparison Accrual Basis February 2021

Feb 21 Jul '20 - Feb 21

Total Tax Revenue 92,289.00 738,312.00

Utility Surcharge 40409 · Utility Surcharge - NT 8,502.26 44,528.27 40418 · Utility Surcharge, Marina Dock 5,670.23 36,689.40

Total Utility Surcharge 14,172.49 81,217.67

47019 · Returned Check Charges 0.00 65.00 52708.1 · Discount 0.00 44.58

Total Income 332,584.48 2,670,442.23

Gross Profit 332,584.48 2,670,442.23

Expense Accounting/Auditing Services 52500 · Accounting Fees - T 583.50 22,146.30 52508 · Accounting Fees - NT 194.50 9,002.10

Total Accounting/Auditing Services 778.00 31,148.40

Advertising & Promotion 51000 · Advertising & Promotion - NT 500.84 1,848.81 51008 · Advertising & Promotion - T 0.00 593.03

Total Advertising & Promotion 500.84 2,441.84

Bad Debts 51309 · Bad Debts - NT 7,500.00 7,500.00

Total Bad Debts 7,500.00 7,500.00

Capital Outlay 53609 · Expenses Pending Transfer-Bldg 0.00 5,000.00

Total Capital Outlay 0.00 5,000.00

Communications 51400 · Communications - NT 2,213.68 15,669.08 51408 · Communications - T 863.45 4,023.30

Total Communications 3,077.13 19,692.38

Conference & Meetings 51500 · Conferences & Meetings - NT 328.55 2,968.23 51508 · Conferences & Meetings - T 0.00 12.00

Total Conference & Meetings 328.55 2,980.23

Dredging Expense 55608 · Dredging Expense - T 0.00 680.82 56718 · Dredging - MT 0.00 386,986.80

Total Dredging Expense 0.00 387,667.62

Dues, Subscriptions & Licences 51600 · Dues & Subscriptions - NT 0.00 28,211.40 51608 · Dues & Subscriptions - T 0.00 645.25

Total Dues, Subscriptions & Licences 0.00 28,856.65

Elections & Government Fees 51700 · Elections & Prop Tax Assess-NT 14,426.00 69,988.62

Total Elections & Government Fees 14,426.00 69,988.62

Engineering Services 52400 · Engineering Fees - NT 0.00 22,598.29 52408 · Engineering Fees - T 0.00 14,010.60

Total Engineering Services 0.00 36,608.89

Fuel 50400 · IMPUTED AUTO VALUE G/A 78.40 666.40 51200 · Automotive, Fuel- NT 370.05 2,697.88 51208 · Vessel Fuel 465.37 3,657.75 51218 · Automotive, Fuel - T 448.44 3,377.71

Total Fuel 1,362.26 10,399.74

Grant Expenses Conservation Grant Expenses

Page 2 Page 15 of 103 1:54 PM Humboldt Bay Harbor, Recreation & Conservation District 04/02/21 Profit & Loss YTD Comparison Accrual Basis February 2021

Feb 21 Jul '20 - Feb 21

54408.3 · Conservation Grant Exp 0.00 167,933.76

Total Conservation Grant Expenses 0.00 167,933.76

Harbor Grant Expenses 54408.1 · Harbor Grant Exp 30.00 335.00

Total Harbor Grant Expenses 30.00 335.00

Total Grant Expenses 30.00 168,268.76

Insurance 51800 · Insurance - NT 8,706.99 63,345.64 51808 · Insurance - T 1,196.67 9,432.32

Total Insurance 9,903.66 72,777.96

Interest Expense 55108 · Interest Expense - T 6,792.73 59,995.55 55109 · Interest Expense - NT 8,857.71 71,153.48 55119 · INTEREST EXPENSE M/NT 0.00 9,328.00

Total Interest Expense 15,650.44 140,477.03

Legal Services 52300 · Legal Fees - NT 1,838.25 20,977.76 52308 · Legal Fees - T 612.75 5,685.74

Total Legal Services 2,451.00 26,663.50

Maintenance - Equipment 51209 · Automotive, Repairs - NT 459.64 3,215.84 52710 · Repairs & Maint, Equip - NT 893.24 12,899.45 52718 · Repairs & Maint, Equip - T 1,845.16 8,219.93

Total Maintenance - Equipment 3,198.04 24,335.22

Maintenance - Facilities 52708 · Repairs & Maint, Facilities - T 15,261.39 71,438.79 52709 · REPAIRS & MAINTENANCE G/NT 0.00 200.00 52719 · Repairs & Maint, Facilities - N 1,924.67 40,912.81

Total Maintenance - Facilities 17,186.06 112,551.60

Maintenance - IT 57008 · Maintenance, IT Equip - T 105.00 387.50 57009 · Maintenance, IT Equip - NT 0.00 1,799.00

Total Maintenance - IT 105.00 2,186.50

Maintenance Supplies 52008 · Maintenance Supplies - T 0.00 1,230.56 52010 · Maintenance Supplies - NT 746.24 7,660.53

Total Maintenance Supplies 746.24 8,891.09

Office Supplies 51900 · Office Supplies - NT 1,675.10 17,423.96

51908 · Office Supplies - T 397.17 3,722.91 51918 · OFFICE EXPENSE M/T 19.80 125.20

Total Office Supplies 2,092.07 21,272.07

Other Expenses 55419 · Other Expenses - NT 1,000.00 2,234.00

Total Other Expenses 1,000.00 2,234.00

Other Professional/Outside Serv 52109 · Outside Services, Other - NT 735.00 3,127.75 52110 · OUTSIDE SERVICES M/A 165.00 1,602.70 52118 · Outside Services, Other - T 12,999.50 15,199.50

Total Other Professional/Outside Serv 13,899.50 19,929.95

Permits 51618 · Permits - T 553.26 12,885.94

Total Permits 553.26 12,885.94

Personnel Expenses Commissioners Fees

Page 3 Page 16 of 103 1:54 PM Humboldt Bay Harbor, Recreation & Conservation District 04/02/21 Profit & Loss YTD Comparison Accrual Basis February 2021

Feb 21 Jul '20 - Feb 21

50200 · Commissioner's Salaries - NT 1,470.00 11,760.00 50208 · Commissioner's Salaries - T 630.00 5,040.00

Total Commissioners Fees 2,100.00 16,800.00

Payroll Burden 50500 · Payroll Benefits, Other - NT 31,750.18 253,403.10 50508 · Payroll Benefits, Other - T 9,936.45 82,110.30 50510 · PAYROLL BENEFITS M/A 0.00 3,504.76 6560 · Workers' Comp 3,018.91 24,788.68

Total Payroll Burden 44,705.54 363,806.84

Salaries/Wages 50100 · Salaries & Wages - NT 61,497.30 508,390.82

50108 · Salaries & Wages - T 0.00 1,002.23

Total Salaries/Wages 61,497.30 509,393.05

Total Personnel Expenses 108,302.84 889,999.89

Planning Services 52200 · Planning Fees - NT 3,597.50 19,163.50 52208 · Planning Fees - T 2,505.65 -2,857.53

Total Planning Services 6,103.15 16,305.97

Rent Expense 54308 · Redwood Terminal 2 Lease Expens 17,136.00 146,890.82

Total Rent Expense 17,136.00 146,890.82

Small Tools 52800 · Small Tools - NT 243.53 3,503.00 52808 · Small Tools - T 0.00 58.00

Total Small Tools 243.53 3,561.00

Utilities 52909 · Utilities - NT 12,972.31 146,724.27 52918 · Utilities - T 3,334.50 37,948.91 53000 · Water, Sewer, & Refuse - NT 6,262.95 68,080.28 53008 · Water, Sewer, & Refuse - T 3,380.55 32,730.87

Total Utilities 25,950.31 285,484.33

Total Expense 252,523.88 2,557,000.00

Net Ordinary Income 80,060.60 113,442.23

Net Income 80,060.60 113,442.23

Page 4 Page 17 of 103 Agenda Item 5c.

11:59 AM Humboldt Bay Harbor, Recreation & Conservation District 03/30/21 Account QuickReport Accrual Basis As of February 28, 2021

Type Date Num Name Memo Amount

10200.1 · Cash in BBVA, Checking Liability Check 02/04/2021 QuickBooks Payroll Service Created by Payroll Service on 02/02/... -20,496.09 Check 02/08/2021 QuickBooks Payroll Service Created by Direct Deposit Service o... -1.75 Liability Check 02/18/2021 QuickBooks Payroll Service Created by Payroll Service on 02/17/... -21,995.65 Check 02/18/2021 QuickBooks Payroll Service Created by Direct Deposit Service o... -1.75 Check 02/16/2021 Service Charge -147.71 Liability Check 02/01/2021 EFT PERS Unfunded Accrued Liab 2233447024 Adjustment for S. Fuller -14.59 Liability Check 02/05/2021 EFT PERS Unfunded Accrued Liab 2233447024 -4,576.70 Liability Check 02/05/2021 EFT CalPERS 457 Program 450348 -1,125.00 Bill Pmt -Check 02/05/2021 EFT CalPERS 457 Program 457Match 02/05/2021 -300.00 Liability Check 02/05/2021 EFT State Disbursement Unit 0230000067964 -233.53 Bill Pmt -Check 02/03/2021 EFT Humboldt Bay Developement Association RMT2 Lease Pymt Q1 2021 -52,167.00 Bill Pmt -Check 02/10/2021 EFT Pacific Gas & Electric (3494-4) 6598073494-4 -158.94 Bill Pmt -Check 02/10/2021 EFT Pacific Gas & Electric (1906-4) Acct #0670491906-4 -2,909.59 Bill Pmt -Check 02/19/2021 EFT CalPERS 457 Program 457Match 02/19/2021 -300.00 Bill Pmt -Check 02/19/2021 EFT PERS Unfunded Accrued Liab 2233447024 -6,042.69 Liability Check 02/19/2021 EFT CalPERS 457 Program 450348 -1,125.00 Liability Check 02/19/2021 EFT PERS Unfunded Accrued Liab 2233447024 -4,598.39 Liability Check 02/19/2021 EFT State Disbursement Unit 0230000067964 -233.53 Liability Check 02/02/2021 E-pay Employment Development Department 499-0307-3 QB Tracking # 80317450 -1,459.19 Liability Check 02/02/2021 E-pay Internal Revenue Service 94-2262845 QB Tracking # 80357450 -3,549.30 Liability Check 02/17/2021 E-pay Employment Development Department 499-0307-3 QB Tracking # -1116944... -1,455.42 Liability Check 02/17/2021 E-pay Internal Revenue Service 94-2262845 QB Tracking # -111658... -3,798.48 Check 02/05/2021 60888 Boling, John 1631 Tenant Refund -3,445.00 Check 02/05/2021 60889 Wohlers, Kris Tenant Refund -20.00 Bill Pmt -Check 02/05/2021 60890 California Redwood Co. Red Tank 11/17/20 - 12/16/20 -413.44 Bill Pmt -Check 02/05/2021 60891 City of Eureka (Sewer) 2001-901804-02 -1,745.81 Bill Pmt -Check 02/05/2021 60892 City of Eureka (Water) 2001-901802-01 -4,906.82 Bill Pmt -Check 02/05/2021 60893 David L. Moonie & Company -2,540.00 Bill Pmt -Check 02/05/2021 60894 Eureka Oxygen Company -42.13 Bill Pmt -Check 02/05/2021 60895 Eureka Ready Mix Base Rock - RMT2 Road -341.78 Bill Pmt -Check 02/05/2021 60896 Humboldt Area Chapter CSDA Dues: 2019, 2020, 2021 -150.00 Bill Pmt -Check 02/05/2021 60897 Humboldt Bay Municipal Water Dist. 9002.001 RMT2 -658.22 Bill Pmt -Check 02/05/2021 60898 Humboldt Community Services District 3165 -302.93 Bill Pmt -Check 02/05/2021 60899 Humboldt County-Enviromental Health RMT2 Hazmat Fee -1,734.35 Bill Pmt -Check 02/05/2021 60900 Humboldt Waste Management Authority -70.00 Bill Pmt -Check 02/05/2021 60901 Industrial Electric Arcata, Inc -79.67 Bill Pmt -Check 02/05/2021 60902 Interstate Battery -233.12 Bill Pmt -Check 02/05/2021 60903 Matthews Paints -3.59 Bill Pmt -Check 02/05/2021 60904 Mission Uniform & Linen 299313 -331.20 Bill Pmt -Check 02/05/2021 60905 Pacific Galvanizing HUM -207.55 Bill Pmt -Check 02/05/2021 60906 Pacific Gas & Electric (8259-4) address 0074698259-4 -11,263.25 Bill Pmt -Check 02/05/2021 60907 Pacific Gas & Electric (Non-Energy) 2072047 -439.02 Bill Pmt -Check 02/05/2021 60908 Pintermedia LLC -155.00 Bill Pmt -Check 02/05/2021 60909 Roller, Tim. -300.00 Bill Pmt -Check 02/05/2021 60910 SHN Consulting Engineers & Geologists -505.00 Bill Pmt -Check 02/05/2021 60911 Standard Insurance Company ST 908447 0001 -211.40 Bill Pmt -Check 02/05/2021 60912 Coast Seafood Co. February 2021 Note Payment -13,000.00 Bill Pmt -Check 02/05/2021 60913 Eureka Overhead Door Co., Inc -1,671.00 Bill Pmt -Check 02/05/2021 60914 Powell Landscape Materials -248.18 Bill Pmt -Check 02/05/2021 60915 US Bank Corporate Payment System 4246044555706765 -2,440.93 Liability Check 02/17/2021 60917 Operating Engineers Local No. 3 94-2262845 -348.88 Liability Check 02/19/2021 60918 Franchise Tax Board 558379330 Christopher Mikkelsen -50.00 Bill Pmt -Check 02/19/2021 60919 101Netlink WIM -190.00 Bill Pmt -Check 02/19/2021 60920 ACWA JPIA 215 -28,009.52 Bill Pmt -Check 02/19/2021 60921 Alber's Tractor & Ag Work -750.00 Bill Pmt -Check 02/19/2021 60922 AT&T Internet 831-000-8571 571 -933.88 Bill Pmt -Check 02/19/2021 60923 AT&T Phone 707 443-0801 071 7 -861.51 Bill Pmt -Check 02/19/2021 60924 CA Dept of Tax and Fee Administration 47-084568 -360.00 Bill Pmt -Check 02/19/2021 60925 CleekCo 21005.01 -735.00 Bill Pmt -Check 02/19/2021 60926 Costco Wholesale Membership Membership Dues -120.00 Bill Pmt -Check 02/19/2021 60927 David L. Moonie & Company -4,902.00 Bill Pmt -Check 02/19/2021 60928 Englund Marine Supply -577.56 Bill Pmt -Check 02/19/2021 60929 Eureka Chamber of Commerce 2020 Membership Dues -410.00 Bill Pmt -Check 02/19/2021 60930 Eureka Oxygen Company Cylinder Rental -194.72 Bill Pmt -Check 02/19/2021 60931 Humboldt Community Services District 3165 -294.17 Bill Pmt -Check 02/19/2021 60932 Humboldt Waste Management Authority -103.05 Bill Pmt -Check 02/19/2021 60933 Industrial Electric Arcata, Inc -50.00 Bill Pmt -Check 02/19/2021 60934 Keenan Supply -378.10 Bill Pmt -Check 02/19/2021 60935 Mission Uniform & Linen 299313 -347.63 Bill Pmt -Check 02/19/2021 60936 Mitchell Law Firm, LLP -1,638.00 Bill Pmt -Check 02/19/2021 60937 Napa Auto Parts -76.60 Bill Pmt -Check 02/19/2021 60938 North Coast Laboratories, LTD FL -235.00 Bill Pmt -Check 02/19/2021 60939 Nylex.net -230.00 Bill Pmt -Check 02/19/2021 60940 Pierson Building Center 1297 -403.84 Bill Pmt -Check 02/19/2021 60941 Recology Eel River 061097997 -413.28 Bill Pmt -Check 02/19/2021 60942 Recology Humboldt County (061218064) 061218064 -681.15 Bill Pmt -Check 02/19/2021 60943 Recology Humboldt County (A00600002... A0060000265 -2,356.44 Bill Pmt -Check 02/19/2021 60944 Robin Jordan Professional Services -35.00

Page 1 Page 18 of 103 11:59 AM Humboldt Bay Harbor, Recreation & Conservation District 03/30/21 Account QuickReport Accrual Basis As of February 28, 2021

Type Date Num Name Memo Amount Bill Pmt -Check 02/19/2021 60945 SDRMA Auto Claim Deductible, Gem Car acc... -1,000.00 Bill Pmt -Check 02/19/2021 60946 Shelter Cove Fishing Preservation Inc SC Janitorial February 2021 -2,083.33 Bill Pmt -Check 02/19/2021 60947 Shelter Cove Resort Improvement District SC -87.70 Bill Pmt -Check 02/19/2021 60948 Southwest Answering Service -180.00 Bill Pmt -Check 02/19/2021 60949 Staples Credit Plan 6035 5178 1247 5530 -85.56 Bill Pmt -Check 02/19/2021 60951 Tenera Environmental Inc. 20236001 -12,999.50 Bill Pmt -Check 02/19/2021 60952 Valley Pacific Petroleum Services, Inc 114137 -613.97 Bill Pmt -Check 02/19/2021 60953 Verizon Wireless -339.40 Bill Pmt -Check 02/19/2021 60954 Western Chainsaw -199.20 Bill Pmt -Check 02/19/2021 60955 World Oil Enviromental Services WIM -160.00 Bill Pmt -Check 02/19/2021 60956 B & B Portable Toilets RWD -116.55 Bill Pmt -Check 02/19/2021 60957 Lithia Chrysler Dodge -91.95 Bill Pmt -Check 02/19/2021 60958 PacOut Green Team Cleanup Fund Contribution -1,000.00 Bill Pmt -Check 02/19/2021 60959 Verizon Wireless -76.95 Check 02/19/2021 60960 Knutson Towboat Company Tenant Overpayment/Refund -61.58 Check 02/19/2021 60961 Redd, James Tenant Refund -191.10 Check 02/19/2021 60962 Meyers, Ron Tenant Refund -191.10 Bill Pmt -Check 02/19/2021 60963 State Water Resource Control Board Red Tank Dock 10/01/20-12/31/20. ... -553.26 Bill Pmt -Check 02/19/2021 60964 HSU Sponsored Programs Foundation Ports, Account 000818 -13,069.53 Bill Pmt -Check 02/19/2021 60965 Humboldt Bay Solar Fund LLC HB0520 -5,486.71 Bill Pmt -Check 02/19/2021 60966 Pacific Gas & Electric (1906-4) Acct #0670491906-4 -3,183.55

Total 10200.1 · Cash in BBVA, Checking -261,605.96

TOTAL -261,605.96

Page 2 Page 19 of 103 Agenda Item 5d.

Page 20 of 103 Agenda Item 5d.

HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT

PERMIT AND AGREEMENT TO OPERATE A CHARTER SERVICE

Startare Drive Woodley Island Marina P.O. Box 1030 Eureka, CA 95501

PERMITTEE: Lowell Wallace dba Humboldt Charter Company 550 Annahy Dr. Fortuna, CA 95540

This Permit and Agreement is executed in triplicate at Woodley Island Marina, Eureka, California, between HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT, hereinafter referred to as "District", and LOWELL WALLACE an individual, dba Humboldt Charter Company hereinafter referred to as “Lowell Wallace.” WHEREAS, Lowell Wallace will be the Lessee of Slip Number 21, Float D, at the Woodley Island Marina for a vessel, pursuant to a Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto and incorporated by reference as Exhibit "A" hereto; and WHEREAS, on or about February 19, 2021 Lowell Wallace made written request to operate the business Humboldt Charter Company on a vessel moored at Slip Number 21, Float D at the Woodley Island Marina; and WHEREAS, Ordinance Number 9, Section 6.7, subparagraph (a) of the District prohibits any commercial endeavor or charter service for hire without a special permit from the District. AFTER REVIEW AND CONSIDERATION thereof by the Board of Commissioners of the District of the application of Lowell Wallace:

2021 Humboldt Charter Company Page 1 of 6

Page 21 of 103 THE PARTIES, THEREFORE, AGREE AS FOLLOWS: 1. District shall permit Lowell Wallace, an individual, to operate the business Humboldt Charter Company for the purpose of charter service at the Woodley Island Marina. The charter services shall consist primarily of sport fishing. Diving or diving instruction from or on said vessel shall not be allowed and shall be prohibited at all times at any locations within or without the boundaries of Woodley Island Marina while Lowell Wallace operates the business of charter services from the Woodley Island Marina. 2. The term of this Permit and Agreement shall be for one (1) year commencing May 01, 2021 and terminating on April 30, 2022. District or Lowell Wallace may terminate this Permit and Agreement by giving sixty (60) days written notice of termination to the other party. District may terminate this Permit and Agreement with Lowell Wallace with or without cause or reason by giving Lowell Wallace sixty (60) days written notice of termination and Lowell Wallace shall terminate his business, as defined in Paragraph 1, (60) days from the date of personal service of said written notice of termination or sixty (60) days from the date of deposit or the written notice of termination deposited, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail, and addressed to Lowell Wallace, at 550 Annahy Drive, Fortuna, CA 95540. In the event Lowell Wallace is in default of any of the provisions of the Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto as Exhibit "A", and Lowell Wallace Berthing Permit is terminated pursuant to said Agreement, this Permit and Agreement to operate a Charter Service shall terminate forthwith on the date of termination of Lowell Wallace Berthing Permit and Rental Agreement for the Woodley Island Marina without the requirement of the hereinabove set forth sixty (60) day notice of termination provisions. 3. In addition to the monthly rental payable by Lowell Wallace to the District pursuant to the Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto as Exhibit "A", Lowell Wallace shall

2021 Humboldt Charter Company Page 2 of 6

Page 22 of 103 pay District the sum of two hundred fifty dollars and no cents ($250.00) per year, however all rates may be changed pursuant to paragraph 3 of the Berthing Permit and Rental Agreement for Woodley Island Marina which provides that the District may change or increase the rates by giving thirty (30) days notice. 4. On or prior to the date of the Agreement, to wit: May 01, 2021, Lowell Wallace shall purchase and maintain throughout the term of the Permit and Agreement Commercial General Liability insurance covering Lowell Wallace pursuant to the terms of this Permit and Agreement. Said insurance policy of "protection and indemnity insurance" insuring Lowell Wallace from liability for bodily injury, death, or property damage as a result of his operation and shall name District as an additional insured and provide District, prior to May 01 each year, with a Certificate of Insurance stating the amount of the insurance and proof that the District is an additional named insured, and the agreement of said insurance company that District shall be notified forthwith of the event of non-payment of the premium or termination of said insurance policy. The amount of insurance shall be One Million Dollars and no cents ($1,000,000.00) per occurrence. In the event said liability insurance policy referred to in Paragraph 4 is cancelled or terminated, Lowell Wallace shall forthwith cease and stop his Humboldt Charter Company business at District's premises at the Woodley Island Marina and shall not resume operations until said liability insurance policy is fully reinstated and in full force and effect. 5. Lowell Wallace shall, prior to commencing operation of Humboldt Charter Company obtain any and all necessary permits, if applicable, including but not limited to City of Eureka business license, and California Department of Fish and Wildlife licenses. 6. Lowell Wallace agrees that neither the Humboldt Bay Harbor, Recreation and Conservation District, nor its Board of Commissioners, nor any Officer of the District shall be liable to any extent for the injury or damages to any person or property or for the death of any person arising out of or connected with Lowell Wallace and Lowell Wallace shall indemnify and hold harmless District, its

2021 Humboldt Charter Company Page 3 of 6

Page 23 of 103 Commissioners, and Officers free and harmless from any liability for any such injury, death or damages. In addition, Lowell Wallace agrees to hold harmless, indemnify, and hold District non-responsible for any of Lowell Wallace operations according to the provisions of paragraphs 11, 13, and 19 of the Berthing Permit and Rental Agreement for Woodley Island Marina, a copy of which is attached hereto as Exhibit "A" and incorporated by reference as though set forth in full. 7. Lowell Wallace at all times shall comply and shall obtain compliance of Lessee’s family, agents, employees, business visitors, and invitees of all laws, ordinances, rules and regulations, including Ordinance No.9, the Woodley Island Marina Rules and Regulations, and those of local, state, and federal government. 8. Lowell Wallace at all times shall ensure that walkways and finger piers are not obstructed in any manner. No tires, ropes, canvas, or other material shall be nailed or attached to finger piers, docks, and piles without the written approval of the District. No person shall throw, discharge, or deposit from any vessel or from the shore or float or in any other manner, any fish or shellfish parts into or upon the waters of the Woodley Island Marina or upon the banks, walls, sidewalks, or parking areas within the boundaries of the Woodley Island Marina. No person shall place or leave dead animals, fish, shellfish, bait, or other putrefying matter on or along seawalls, harbor structures, floats, piers, sidewalks, or parking areas within the boundaries of the Woodley Island Marina. Vessel must be kept free of trash and waste product so as not to attract seagulls, sea lions, harbor seals, and other animals. All trash and waste product shall be properly disposed of each day. 9. Lowell Wallace may place a sign on the vessel the size of which must be approved by the District's Executive Director. Lowell Wallace may place a directional sign for incoming traffic onto Woodley Island Marina in an area approved by the Executive Director. Type and size of all signs are to be approved by the Executive Director of the District and, shall reasonably conform

2021 Humboldt Charter Company Page 4 of 6

Page 24 of 103 in size, shape, and colors of the signs heretofore existing on Woodley Island and the Woodley Island Marina. 10. This Permit and Agreement is not transferable or assignable by Lowell Wallace without approval in writing by the District. Any transfer of assignment or attempted transfer or assignment of this Permit by Lowell Wallace shall be null and void. 11. This Permit and Agreement is non-exclusive, and District retains the right to enter into agreements with and grant permits to other persons or business for the same purposes as set forth in this Permit and Agreement. 12. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, successors, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. 13. Time is of the essence of this Permit and Agreement and of each and every covenant, term, and condition, and provision hereof. 14. Lowell Wallace is hereby notified by the District that this Permit and Agreement to Operate Humboldt Charter Company in conjunction with the Berthing Permit and Rental Agreement for a vessel at the Woodley Island Marina or property interests created herein, if any, may be subject to a possessory interest tax or property taxation if created pursuant to Sections 107 to 108 of the California Revenue and Taxation Code and that Lowell Wallace and/or the party in whom the possessory interest is vested may be subject to the payment of property taxes levied upon such interests. Lowell Wallace agrees and acknowledges that he has actual notice pursuant to Section 107.6 of the California Revenue and Taxation Code and that Lowell Wallace may be required to pay a possessory interest tax as a result of this Permit and Agreement to operate a charter service in conjunction with the Berthing Permit and Rental Agreement for the vessels for Woodley Island Marina Lowell Wallace hereby acknowledges that he has actual knowledge of the existence of a possessory interest tax and has read the provision of Section 107 to 108 of the California Revenue and Taxation Code. Lowell Wallace agrees to and

2021 Humboldt Charter Company Page 5 of 6

Page 25 of 103 shall pay all possessory interest taxes levied by any governmental agency by reason of this Permit and Agreement and his Berthing Permit and Rental Agreement for his vessel, for Woodley Island Marina.

EXECUTED on, ______, 2021, by authority of the Board of Commissioners of the HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT.

______STEPHEN KULLMANN, President Board of Commissioners HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT

Lowell Wallace, an individual, dba, Humboldt Charter Company, as Permittee in this Permit and Agreement hereby accepts and agrees to all terms and conditions herein above set forth.

Dated: ______, 2021 By ______Lowell Wallace, Owner Humboldt Charter Company

2021 Humboldt Charter Company Page 6 of 6

Page 26 of 103 Agenda Item 5e.

HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT

PERMIT AND AGREEMENT TO OPERATE A CHARTER SERVICE

Startare Drive Woodley Island Marina P.O. Box 1030 Eureka, CA 95501

PERMITTEE: Micah Woolworth dba Lost Coast Sportfishing 4245 Dows Prairie Rd McKinleyville, CA 95519

This Permit and Agreement is executed in triplicate at Woodley Island Marina, Eureka, California, between HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT, hereinafter referred to as "District", and MICAH WOOLWORTH an individual, dba LOST COAST SPORTFISHING hereinafter referred to as “Micah Woolworth.” WHEREAS, Micah Woolworth will be the Lessee of Slip Number 4, Float D, at the Woodley Island Marina for a vessel, pursuant to a Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto and incorporated by reference as Exhibit "A" hereto; and WHEREAS, on or about March 9, 2021 Micah Woolworth made written request to renew the Permit operate the business Lost Coast Sportfishing on a vessel moored at Slip Number 4, Float D at the Woodley Island Marina; and WHEREAS, Ordinance Number 9, Section 6.7, subparagraph (a) of the District prohibits any commercial endeavor or charter service for hire without a special permit from the District. AFTER REVIEW AND CONSIDERATION thereof by the Board of Commissioners of the District of the application of Micah Woolworth:

2021 Lost Coast Sportfishing Page 1 of 6

Page 27 of 103 THE PARTIES, THEREFORE, AGREE AS FOLLOWS: 1. District shall permit Micah Woolworth, an individual, to operate the business Lost Coast Sportfishing for the purpose of charter service at the Woodley Island Marina. The charter services shall consist primarily of sport fishing. Diving or diving instruction from or on said vessel shall not be allowed and shall be prohibited at all times at any locations within or without the boundaries of Woodley Island Marina while Micah Woolworth operates the business of charter services from the Woodley Island Marina. 2. The term of this Permit and Agreement shall be for one (3) years commencing May 01, 2021 and terminating on April 30, 2024. District or Micah Woolworth may terminate this Permit and Agreement by giving sixty (60) days written notice of termination to the other party. District may terminate this Permit and Agreement with Micah Woolworth with or without cause or reason by giving Micah Woolworth sixty (60) days written notice of termination and Micah Woolworth shall terminate his business, as defined in Paragraph 1, (60) days from the date of personal service of said written notice of termination or sixty (60) days from the date of deposit or the written notice of termination deposited, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail, and addressed to Micah Woolworth, at 4245 Dows Prairie Road, McKinleyville, CA 95519. In the event Micah Woolworth is in default of any of the provisions of the Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto as Exhibit "A", and Micah Woolworth’s Berthing Permit is terminated pursuant to said Agreement, this Permit and Agreement to operate a Charter Service shall terminate forthwith on the date of termination of Micah Woolworth’s Berthing Permit and Rental Agreement for the Woodley Island Marina without the requirement of the hereinabove set forth sixty (60) day notice of termination provisions. 3. In addition to the monthly rental payable by Micah Woolworth to the District pursuant to the Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto as Exhibit "A", Micah Woolworth

2021 Lost Coast Sportfishing Page 2 of 6

Page 28 of 103 shall pay District the sum of two hundred fifty dollars and no cents ($250.00) per year, however all rates may be changed pursuant to paragraph 3 of the Berthing Permit and Rental Agreement for Woodley Island Marina which provides that the District may change or increase the rates by giving thirty (30) days notice. 4. On or prior to the date of the Agreement, to wit: May 01, 2021, Micah Woolworth shall purchase and maintain throughout the term of the Permit and Agreement Commercial General Liability insurance covering Micah Woolworth pursuant to the terms of this Permit and Agreement. Said insurance policy of "protection and indemnity insurance" insuring Micah Woolworth from liability for bodily injury, death, or property damage as a result of his operation and shall name District as an additional insured and provide District, prior to May 01 each year, with a Certificate of Insurance stating the amount of the insurance and proof that the District is an additional named insured, and the agreement of said insurance company that District shall be notified forthwith of the event of non- payment of the premium or termination of said insurance policy. The amount of insurance shall be One Million Dollars and no cents ($1,000,000.00) per occurrence. In the event said liability insurance policy referred to in Paragraph 4 is cancelled or terminated, Micah Woolworth shall forthwith cease and stop his Lost Coast Sportfishing business at District's premises at the Woodley Island Marina and shall not resume operations until said liability insurance policy is fully reinstated and in full force and effect. 5. Micah Woolworth shall, prior to commencing operation of Lost Coast Sportfishing obtain any and all necessary permits, if applicable, including but not limited to City of Eureka business license, and California Department of Fish and Wildlife licenses. 6. Micah Woolworth agrees that neither the Humboldt Bay Harbor, Recreation and Conservation District, nor its Board of Commissioners, nor any Officer of the District shall be liable to any extent for the injury or damages to any person or property or for the death of any person arising out of or connected with Micah Woolworth and Micah Woolworth shall indemnify and hold harmless District,

2021 Lost Coast Sportfishing Page 3 of 6

Page 29 of 103 its Commissioners, and Officers free and harmless from any liability for any such injury, death or damages. In addition, Micah Woolworth agrees to hold harmless, indemnify, and hold District non-responsible for any of Micah Woolworth’s operations according to the provisions of paragraphs 11, 13, and 19 of the Berthing Permit and Rental Agreement for Woodley Island Marina, a copy of which is attached hereto as Exhibit "A" and incorporated by reference as though set forth in full. 7. Micah Woolworth at all times shall comply and shall obtain compliance of Lessee’s family, agents, employees, business visitors, and invitees of all laws, ordinances, rules and regulations, including Ordinance No.9, the Woodley Island Marina Rules and Regulations, and those of local, state, and federal government. 8. Micah Woolworth at all times shall ensure that walkways and finger piers are not obstructed in any manner. No tires, ropes, canvas, or other material shall be nailed or attached to finger piers, docks, and piles without the written approval of the District. No person shall throw, discharge, or deposit from any vessel or from the shore or float or in any other manner, any fish or shellfish parts into or upon the waters of the Woodley Island Marina or upon the banks, walls, sidewalks, or parking areas within the boundaries of the Woodley Island Marina. No person shall place or leave dead animals, fish, shellfish, bait, or other putrefying matter on or along seawalls, harbor structures, floats, piers, sidewalks, or parking areas within the boundaries of the Woodley Island Marina. Vessel must be kept free of trash and waste product so as not to attract seagulls, sea lions, harbor seals, and other animals. All trash and waste product shall be properly disposed of each day. 9. Micah Woolworth may place a sign on the vessel the size of which must be approved by the District's Executive Director. Micah Woolworth may place a directional sign for incoming traffic onto Woodley Island Marina in an area approved by the Executive Director. Type and size of all signs are to be approved by the Executive Director of the District and, shall reasonably conform

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Page 30 of 103 in size, shape, and colors of the signs heretofore existing on Woodley Island and the Woodley Island Marina. 10. This Permit and Agreement is not transferable or assignable by Micah Woolworth without approval in writing by the District. Any transfer of assignment or attempted transfer or assignment of this Permit by Micah Woolworth shall be null and void. 11. This Permit and Agreement is non-exclusive, and District retains the right to enter into agreements with and grant permits to other persons or business for the same purposes as set forth in this Permit and Agreement. 12. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, successors, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. 13. Time is of the essence of this Permit and Agreement and of each and every covenant, term, and condition, and provision hereof. 14. Micah Woolworth is hereby notified by the District that this Permit and Agreement to Operate Lost Coast Sportfishing in conjunction with the Berthing Permit and Rental Agreement for a vessel at the Woodley Island Marina or property interests created herein, if any, may be subject to a possessory interest tax or property taxation if created pursuant to Sections 107 to 108 of the California Revenue and Taxation Code and that Micah Woolworth and/or the party in whom the possessory interest is vested may be subject to the payment of property taxes levied upon such interests. Micah Woolworth agrees and acknowledges that he has actual notice pursuant to Section 107.6 of the California Revenue and Taxation Code and that Micah Woolworth may be required to pay a possessory interest tax as a result of this Permit and Agreement to operate a charter service in conjunction with the Berthing Permit and Rental Agreement for the vessels for Woodley Island Marina Micah Woolworth hereby acknowledges that he has actual knowledge of the existence of a possessory interest tax and has read the provision of Section 107 to 108 of the California Revenue and Taxation Code. Micah

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Page 31 of 103 Woolworth agrees to and shall pay all possessory interest taxes levied by any governmental agency by reason of this Permit and Agreement and his Berthing Permit and Rental Agreement for his vessel, for Woodley Island Marina.

EXECUTED on, ______, 2021, by authority of the Board of Commissioners of the HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT.

______STEPHEN KULLMANN, President Board of Commissioners HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT

Micah Woolworth, an individual, dba, Lost Coast Sportfishing, as Permittee in this Permit and Agreement hereby accepts and agrees to all terms and conditions herein above set forth.

Dated: ______, 2021 By ______Micah Woolworth, Owner Lost Coast Sportfishing

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Page 32 of 103 Agenda Item 5f.

HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT

PERMIT AND AGREEMENT TO OPERATE A BED AND BREAKFAST BUSINESS

Startare Drive Woodley Island Marina PO Box 1030 Eureka, CA 95501

PERMITTEE: R. Charles (Doby) and Kim Class dba First Class 1578 10th Street Arcata, CA 95521

This Permit and Agreement is executed in triplicate at Woodley Island Marina, Eureka, California, between HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT, hereinafter referred to as "District", and R. Charles (Doby) and Kim Class, dba FIRST CLASS hereinafter referred to as “R. Charles (Doby) and Kim Class.” WHEREAS, R. Charles (Doby) and Kim Class will be the Lessees of Slip Number 01, Float G, at the Woodley Island Marina for the sailing vessel OBSESSION, pursuant to a Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto and incorporated by reference as Exhibit "A" hereto; and WHEREAS, on or about March 15, 2021 R. Charles (Doby) and Kim Class made a written application to renew their Permit and Agreement to operate the Bed and Breakfast business First Class on the sailing vessel OBSESSION moored at Slip Number 01 Float G at the Woodley Island Marina; and WHEREAS, Ordinance Number 9, Section 6.7, subparagraph (a) of the District prohibits any commercial endeavor or charter service for hire without a special permit from the District.

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Page 33 of 103 AFTER REVIEW AND CONSIDERATION thereof by the Board of Commissioners of the District of the application of R. Charles (Doby) and Kim Class:

THE PARTIES, THEREFORE, AGREE AS FOLLOWS: 1. District shall permit R. Charles (Doby) and Kim Class, to operate the business First Class for the purpose of a Bed and Breakfast at the Woodley Island Marina. The Bed and Breakfast shall consist primarily of overnight accommodations and may include sailing excursions. Diving or diving instruction from or on said vessel shall not be allowed and shall be prohibited at all times at any locations within or without the boundaries of Woodley Island Marina while R. Charles (Doby) and Kim Class operates the business of a Bed and Breakfasts from the Woodley Island Marina. 2. The term of this Permit and Agreement shall be for three (3) years commencing May 01, 2021 and terminating on April 30, 2024. District or R. Charles (Doby) and Kim Class may terminate this Permit and Agreement by giving sixty (60) days written notice of termination to the other party. District may terminate this Permit and Agreement with R. Charles (Doby) and Kim Class with or without cause or reason by giving R. Charles (Doby) and Kim Class sixty (60) days written notice of termination and R. Charles (Doby) and Kim Class shall terminate their business, as defined in Paragraph 1, (60) days from the date of personal service of said written notice of termination or sixty (60) days from the date of deposit or the written notice of termination deposited, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail, and addressed to R. Charles (Doby) and Kim Class, at 1578 10th Street, Arcata, CA 95521. In the event R. Charles (Doby) and Kim Class are in default of any of the provisions of the Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto as Exhibit "A", and R. Charles (Doby) and Kim Class’s Berthing Permit is terminated pursuant to

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Page 34 of 103 said Agreement, this Permit and Agreement to operate a Bed and Breakfast shall terminate forthwith on the date of termination of R. Charles (Doby) and Kim Class’s Berthing Permit and Rental Agreement for the Woodley Island Marina without the requirement of the hereinabove set forth sixty (60) day notice of termination provisions. 3. In addition to the monthly rental payable by R. Charles (Doby) Class and Kim Class to the District pursuant to the Berthing Permit and Rental Agreement for the Woodley Island Marina, a copy of which is attached hereto as Exhibit "A", R. Charles (Doby) and Kim Class shall pay District the sum of two hundred fifty dollars and no cents ($250.00) per year, however all rates may be changed pursuant to paragraph 3 of the Berthing Permit and Rental Agreement for Woodley Island Marina which provides that the District may change or increase the rates by giving thirty (30) days notice. 4. On or prior to the date of the Agreement, to wit: April 30, 2021, R. Charles (Doby) and Kim Class shall purchase and maintain throughout the term of the Permit and Agreement Commercial General Liability insurance covering R. Charles (Doby) and Kim Class pursuant to the terms of this Permit and Agreement. Said insurance policy of "protection and indemnity insurance" insuring R. Charles (Doby) and Kim Class from liability for bodily injury, death, or property damage as a result of their operation and shall name District as an additional insured and provide District, prior to April each year, with a Certificate of Insurance stating the amount of the insurance and proof that the District is an additional named insured, and the agreement of said insurance company that District shall be notified forthwith of the event of non- payment of the premium or termination of said insurance policy. The amount of insurance shall be One Million Dollars and no cents ($1,000,000.00) per occurrence. In the event said liability insurance policy referred to in the Paragraph 4 is cancelled or terminated, R. Charles (Doby) and Kim Class shall forthwith cease and stop their FIRST CLASS business at District's

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Page 35 of 103 premises at the Woodley Island Marina and shall not resume operations until said liability insurance policy is fully reinstated and in full force and effect. 5. R. Charles (Doby) and Kim Class shall, prior to commencing operation of FIRST CLASS, obtain any and all necessary permits and licenses, if applicable, including but not limited to City of Eureka business license and United States Coast Guard vessel inspection. A United States Coast Guard inspection shall be conducted annually. 6. R. Charles (Doby) and Kim Class agrees that neither the Humboldt Bay Harbor, Recreation and Conservation District, nor its Board of Commissioners, nor any Officer of the District shall be liable to any extent for the injury or damages to any person or property or for the death of any person arising out of or connected with R. Charles (Doby) and Kim Class, and R. Charles (Doby) and Kim Class shall indemnify and hold harmless District, its Commissioners, and Officers free and harmless from any liability for any such injury, death or damages. In addition, R. Charles (Doby) and Kim Class agrees to hold harmless, indemnify, and hold District non- responsible for any of R. Charles (Doby) and Kim Class’s operations according to the provisions of paragraphs 11, 13, and 19 of the Berthing Permit and Rental Agreement for Woodley Island Marina, a copy of which is attached hereto as Exhibit "A" and incorporated by reference as though set forth in full. 7. R. Charles (Doby) and Kim Class at all times shall comply and shall obtain compliance of Lessees’ family, agents, employees, business visitors, and invitees of all laws, ordinances, rules and regulations, including Ordinance No.9, the Woodley Island Marina Rules and Regulations, and those of local, state, and federal government. 8. R. Charles (Doby) and Kim Class at all times shall ensure that walkways and finger piers are not obstructed in any manner. No tires, ropes, canvas, or other material shall be nailed or attached to finger piers, docks, and piles

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Page 36 of 103 without the written approval of the District. No person shall throw, discharge, or deposit from any vessel or from the shore or float or in any other manner, any waste, fish or shellfish parts into or upon the waters of the Woodley Island Marina or upon the banks, walls, sidewalks, or parking areas within the boundaries of the Woodley Island Marina. No person shall place or leave waste, dead animals, fish, shellfish, bait, or other putrefying matter on or along seawalls, harbor structures, floats, piers, sidewalks, or parking areas within the boundaries of the Woodley Island Marina. Vessel must be kept free of trash and waste product so as not to attract seagulls, sea lions, harbor seals, and other animals. All trash and waste product shall be properly disposed of each day. 9. R. Charles (Doby) and Kim Class may place a sign on the vessel the size of which must be approved by the District's Executive Director. R. Charles (Doby) and Kim Class may place a directional sign for incoming traffic onto Woodley Island Marina in an area approved by the Executive Director. Type and size of all signs are to be approved by the Executive Director of the District and, shall reasonably conform in size, shape, and colors of the signs heretofore existing on Woodley Island and the Woodley Island Marina. 10. This Permit and Agreement is not transferable or assignable by R. Charles (Doby) and Kim Class without approval in writing by the District. Any transfer of assignment or attempted transfer or assignment of this Permit by R. Charles (Doby) and Kim Class shall be null and void. 11. This Permit and Agreement is non-exclusive and District retains the right to enter into agreements with and grant permits to other persons or business for the same purposes as set forth in this Permit and Agreement. 12. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, successors, and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.

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Page 37 of 103 13. Time is of the essence of this Permit and Agreement and of each and every covenant, term, and condition, and provision hereof. 14. R. Charles (Doby) and Kim Class is hereby notified by the District that this Permit and Agreement to Operate FIRST CLASS in conjunction with the Berthing Permit and Rental Agreement for a vessel at the Woodley Island Marina or property interests created herein, if any, may be subject to a possessory interest tax or property taxation if created pursuant to Sections 107 to 108 of the California Revenue and Taxation Code and that R. Charles (Doby) and Kim Class and/or the party in whom the possessory interest is vested may be subject to the payment of property taxes levied upon such interests. R. Charles (Doby) and Kim Class agrees and acknowledges that they have actual notice pursuant to Section 107.6 of the California Revenue and Taxation Code and that R. Charles (Doby) and Kim Class may be required to pay a possessory interest tax as a result of this Permit and Agreement to operate a Bed and Breakfast in conjunction with the Berthing Permit and Rental Agreement for the vessel for Woodley Island Marina. R. Charles (Doby) and Kim Class hereby acknowledge that they have actual knowledge of the existence of a possessory interest tax and have read the provision of Section 107 to 108 of the California Revenue and Taxation Code. R. Charles (Doby) and Kim Class agrees to and shall pay all possessory interest taxes levied by any governmental agency by reason of this Permit and Agreement and their Berthing Permit and Rental Agreement for their vessel, for Woodley Island Marina.

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Page 38 of 103 EXECUTED on, ______, 2021, by authority of the Board of Commissioners of the HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT.

______Stephen Kullmann, President Board of Commissioners HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT

R. Charles (Doby) and Kim Class, dba, First Class, as Permittees in this Permit and Agreement hereby accepts and agrees to all terms and conditions herein above set forth.

Dated: ______, 2021 By ______R. Charles (Doby) Class, Owner FIRST CLASS

Dated: ______, 2021 By ______Kim Class, Owner FIRST CLASS

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Page 39 of 103 Agenda Item 8a.

COMMISSIONERS Humboldt Bay 1st Division Harbor, Recreation and Conservation District Larry Doss (707) 443-0801 nd 2 Division P.O. Box 1030 Greg Dale 3rd Division Eureka, California 95502-1030 Stephen Kullmann 4th Division Richard Marks STAFF REPORT 5th Division Patrick Higgins HARBOR DISTRICT MEETING April 8, 2021

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 1, 2021

TITLE: Approve Memorandum of Understanding Between the Shelter Cove Resort Improvement District and Shelter Cove Fishing Preservation, Inc. and the Humboldt Bay Harbor, Recreation, and Conservation District

STAFF RECOMMENDATION: Staff recommends that the Board: Authorize the Executive Director to sign the Memorandum of Understanding (MOU). SUMMARY: The Harbor District’s Shelter Cove Subcommittee has been working with the subcommittees of the Shelter Cover Resort Improvement District (SCRID) and Shelter Cove Fishing Preservation Inc. (SCFPI) Boards to develop solutions that will maintain critical recreational and commercial fishing facilities in Shelter Cove. A MOU has been developed that would formalize this partnership and effort. District staff seeks Board approval to enter the MOU. DISCUSSION: The Harbor District has a 290-acre lease with the CA State Lands Commission for the tidelands of Shelter Cove below high tide line. Upland marina related services and facilities at Mario’s Marina in Shelter Cove include tractor boat launching, boat storage, a fish cleaning station and a fish purchasing station. The Mario’s Marina property is privately owned and currently leased on a month-to-month basis by the Harbor District. The Harbor District has been sub-leasing it to the SCFPI and the SCFPI has been managing the facilities. The Harbor District also has a contract with SCFPI to maintain the property. The Harbor District, SCRID, and SCFPA have drafted a MOU through which the participating entities would collectively manage the property, develop a master plan for redevelopment and pursue public acquisition. The MOU is included as Attachment A. It has been signed by the Shelter Cove Resort Improvement District and SCFPI has verbally agreed pending their Board approval. ATTACHMENTS: A. Memorandum of understanding between the Shelter Cove Resort Improvement District, Shelter Cove Fishing Preservation Association and Humboldt Bay Harbor, Recreation and Conservation District.

Page 1 of 1 Page 40 of 103 Agenda Item 8a. Attachment A

Page 41 of 103 Page 42 of 103 Page 43 of 103 Page 44 of 103 Agenda Item 8b.

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 1, 2021

TITLE: Shelter Cove Fishing Preservation, Inc. Sublease and Janitorial Agreement

STAFF RECOMMENDATION: Staff recommends that the Board: Authorize the District’s Attorney to draft and the Executive Director to sign a sublease and services agreement with Shelter Cove Fishing Preservation Incorporated (SCFPI).

SUMMARY: The Harbor District leases a site in Shelter Cove from Mario’s Marina LLC. The site has been sub-leased to the SCFPI for operation of marina related facilities. Through a janitorial services agreement, the Harbor District has provided $25,000 annually for SCFPI’s services.

DISCUSSION: Marina related services and facilities at Mario’s Marina in Shelter Cove include tractor boat launching, boat storage, a fish cleaning station and a fish purchasing station. The facilities are critical for ongoing recreational and commercial fishing in Shelter Cove. The lease with Mario’s Marina LLC. is now on a month-to-month basis pending completion of negotiations between the SCFPI and Property owner for the SCFPI to directly lease from the property owner. Both the sublease and janitorial agreement with SCFPI expired on March 31, 2021.

District staff seeks Board approval to extend the sub-lease with SCFPI on a month-to-month basis beginning April 1, 2021 and continue to fund the SCFPI’s services at $25,000 per year. Terms of the sub-lease and services agreement would remain the same as detailed in the previous agreements (Attachment A) with the exception that the sub-lease would be month-to-month and the SCFPI would pay all property tax and utility costs that were previously absorbed by the Harbor District. In addition, SCFPI has also agreed to prepare the site, install the foundation, and operate the commercial composter that is planned to be installed latter this year.

ATTACHMENTS: A. Previous Service Agreement between the Harbor District and Shelter Cove Fishing Preservation Association

Page 1 of 1 Page 45 of 103 Exhibit B

Purchase Order No. ------1407

HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT SERVICE PROVIDER AGREEMENT WITH SHELTER COVE FISHING PRESERVATION INCORPORATED FOR FISH CLEANING STATION JANITORIAL SERVICES

This Agreement is effective Mayl, 2019 between the Humboldt Bay Harbor, Recreation and Conservation District, a Special District of the State of California (referred to as "District"), and Shelter Cover Fishing Preservation, Inc., a 501(c)(3) Non-Profit Organization (referred to as "Service Provider").

1. Scope of Services: Service Provider agrees to perform services as set out in Exhibit A, "Scope of Services and Compensation" attached hereto and incorporated herein ("Services"), described briefly as janitorial maintenance and operation of the Shelter Cove fish cleaning station. No purchase orders for this work will be issued without a valid Agreement.

2. Standards of Performance:

A. Standard of Care. The standard of care for all professional services performed or furnished by Service Provider under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.

B. Accuracy of Services. District shall not be responsible for discovering deficiencies in the technical accuracy of Service Provider's Services. Service Provider shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in District-furnished information.

3. Compensation for Services, Payment:

A. Compensation. District shall pay Service Provider as set forth in Exhibit A, not to exceed $25,000.00 per annum.

B. Preparation and Submittal ofInvoices. Service Provider shall prepare and submit its invoices to District no more than once per month and no later than the 15th day of each month.

C. Payments. All reasonable efforts will be made by District to pay undisputed invoices within 30 days of receipt. If District contests an invoice, District may withhold that portion so contested and pay the undisputed portion.

D. Withholding OfPayment. The District may withhold all or any portion of the funds provided for by this Agreement in the event that the Service Provider has materially violated, or threatens to materially violate, any term, provision, or condition of this Agreement; or the Service Provider fails to maintain reasonable progress toward completion of the Services or any component thereof.

4. Commencement, Completion:

A. Commencement. Services of Service Provider shall commence upon full execution of this Agreement by all parties, and subject to the terms stated in Exhibit B, "Special Conditions". This Agreement shall remain in full force until March 31, 2021. No work, services, material or equipment shall be performed or furnished under this Agreement until the District has delivered a fully executed Agreement to the Service Provider. A signed Agreement is considered notice to proceed.

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Page 46 of 103 B. Time for Completion. Service Provider shall complete Services as set forth in Exhibit A. If District authorizes changes in the scope, extent, or character of the Services, then the time for completion of Service Provider's services, and the rates and amounts of Service Provider's compensation, shall be adjusted equitably. If Service Provider fails, through its own fault, to complete the performance required in this Agreement within the time set forth, then District shall be entitled to the recovery of proximate damages resulting from such failure.

C. Suspension and Termination.

1) Suspension. District may suspend the Services upon five days written notice to Service Provider.

2) Termination. The obligation to provide further Services under this Agreement may be terminated for cause by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party.

D. Payments Upon Termination. In the event of any termination under this Section 4, Service Provider will be entitled to invoice the District and to receive payment for all acceptable services performed or furnished and all reimbursable expenses incurred through the effective date of termination.

5. Independent Contractor: Service Provider, in performing Services, shall act as an independent contractor and shall have control of his work and the manner in which it is performed. He/she shall be free to contract for similar services to be performed for others while under contract with the District. Service Provider is not to be considered an agent or employee of the District. Service Provider agrees to furnish at his/her own expense all tools, equipment, services, labor and materials necessary to complete all requirements of this Agreement.

6. Insurance: All Work shall be performed entirely at the Service Provider's risk. Prior to the beginning of and throughout the duration of the Work, Service Provider shall procure and maintain for the duration of the contract, and for a minimum of five ( 5) years after completion of all Work, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Service Provider, his agents, representatives, employees, or subcontractors. All insurance carriers shall be admitted in the state of California and have an A.M. Best's rating of A- or better and minimum financial size VII. Coverage shall be at least as broad as the following minimum limits:

A. Commercial General Liability: Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000 per occurrence for all covered losses. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Additional insured coverage for the District shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits.

B. Automobile Insurance: ISO Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 per accident for bodily injury and property damage. If Service Provider or Service Provider's employees will use personal autos on this project, Service Provider shall provide evidence of personal auto liability coverage for each such person

C. Workers Compensation Insurance: covering all employees and volunteers as required by the State of California on a state-approved policy form, and Employer's Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease

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Page 47 of 103 D. Excess or Umbrella Liability Insurance (Over Primary): if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include a drop down provision providing coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf of' basis, with defense costs payable in addition to policy limits. The policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to District for injury to employees of Service Provider, sub-contractors or others involved in performing services under this Agreement. The scope of coverage provided is subject to approval of District following receipt of proof of insurance as required herein.

B. General Conditions Pertaining to Insurance:

(1) Service Provider shall have its insurer endorse the third-party general liability coverage to include as additional insureds the District, its officials, employees, volunteers and agents, using standard ISO endorsement CG 20 10. The additional insured coverage under Service Provider's policy shall be provided on a primary, non-contributing basis in relation to any other insurance or self- insurance available to the District. Service Provider's policy shall not seek contribution from the District's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13.

(2) It is a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage and/or limits required in this Section 8 shall be available to the District as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Contract, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.

(3) All self-insured retentions (SIR) must be disclosed to the District for approval and shall not reduce the limits of liability. Policies containing any SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the District.

( 4) The District reserves the right to obtain a full certified copy of any insurance policy and any endorsement. Failure to exercise this right shall not constitute a waiver of the District's right.

(5) Certificates shall contain a statement that the policy will not be cancelled except after thirty (30) days prior written notice to the District.

(6) Service Provider agrees to waive subrogation rights against the District regardless of the applicability of any insurance proceeds, and to require that all subcontractors and sub-subcontractors do likewise.

(7) Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all required coverages and an additional insured endorsement to Service Provider's general liability policy, shall be delivered to the District at or prior to the execution of the Contract.

(8) All coverage types and limits required are subject to approval, modification and additional requirements by the District, as the need arises. Service Provider shall not make any reductions in scope of coverage ( e.g. elimination of contractual liability or reduction of discovery period) that may

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Page 48 of 103 affect the District's protection without the District's prior written consent.

(9) The District reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving the Service Provider ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Service Provider, the District will negotiate additional compensation proportional to the increased benefit to the District.

10) In the event Service Provider fails to obtain or maintain completed operations coverage as required by this Contract, the District at its sole discretion may purchase the coverage required and the cost will be paid by Service Provider.

7. Indemnity: When the law establishes a professional standard of care for Service Provider's services, to the fullest extent permitted by law, Service Provider shall indemnify, defend and hold harmless District and any and all of its boards (including the council, boards, commissions, committees and task forces), officials, employees and agents (collectively, "Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Service Provider, its officers, agents, employees or any entity or individual for which Service Provider shall bear legal liability in the performance of professional services under this Agreement.

Other than in the performance of professional services and to the fullest extent permitted by law, Service Provider shall indemnify, defend and hold harmless District, and any all of the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-Service Providers of Service Provider.

8. Subcontracting: No services covered by the Agreement shall be subcontracted without the prior written consent of the District. Service Provider shall furnish separate insurance certificates and endorsements for each subcontractor having received consent by the District in the amounts specified in Section 4 of this Agreement.

9. Registration with Department oflndustrial Relations: If the tasks performed by the Service Provider require prevailing wage, the Service Provider shall be currently registered with the Department of Industrial Relations pursuant to Labor Code§ 1725.5.

10. Permits and Licenses: Prior to execution of the Agreement the Service Provider shall obtain and maintain throughout the contract period all licenses required by law including but not limited to a valid business license.

11. Modification, Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

12. Assignment. This Agreement is not assignable by the Service Provider, either in whole or in part.

Harbor District Service Provider Agreement Page 4 of 9

Page 49 of 103 13 . Designated Representatives. With the execution of this Agreement, Service Provider and District shall designate specific individuals to act as Service Provider's and District' s representatives with respect to the services to be performed or furnished by Service Provider and responsibilities of District under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and implement the contract on behalf of each respective party.

District Representative: Service Provider Representative:

Name: Larry Oetker Name:

Title: Executive Director Title:

Phone: 707-443-0801 Phone:

Email: [email protected] Email:

14. Governing Law: This Agreement and performance hereunder and all suits and special proceedings shall be construed in accordance with the laws of the State of California. In any action or proceeding that may be brought from or connected in anyway to this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law any other forum. Venue shall be fixed in Humboldt County.

15. Disputes. District and Service Provider agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking any procedures of this Agreement, or exercising their rights under law. Prior to court action, the parties agree to pursue mediation as a means to settle any dispute.

16. Entire Agreement. This Agreement together with the exhibits identified below constitutes the entire Agreement between District and Service Provider for the Services and supersedes all prior written or oral understandings.

17. Nondiscrimination. During the performance of this Agreement, Service Provider and its sub-contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age, or denial of family-care leave, medical-care leave, or pregnancy disability leave. Service Provider and its sub-contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment.

18. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.

19. Severability. Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon District and Service Provider, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

Harbor District Service Provider Agreement Page 5 of 9

Page 50 of 103 20. Survival. All express representations, waivers, indemnifications, and limitations ofliability included in this Agreement will survive its completion or termination for any reason.

21. Timeliness. Time is of the essence in this Agreement. Service Provider shall proceed with and complete the Services in an expeditious manner.

22; Exhibits Included. The following Exhibits are attached hereto and incorporated into this Agreement:

Exhibit A: Scope of Work and Compensation Exhibit B: Special Conditions

25. Attorney's Fees: Should any litigation or arbitration be commenced between the parties hereto concerning this Agreement, or the rights and duties of any party in relation thereto, the party prevailing in such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees in such litigation or arbitration.

(Signatures on next page)

Harbor District Service Provider Agreement Page 6 of 9

Page 51 of 103 IN WITNESS WHEREOF, the person executing this Agreement on behalf of Service Provider warrants and represents that he/she has the authority to execute this Agreement on behalf of Service Provider and has the authority to bind Service Provider to the performance of its obligations hereunder.

Executed in Eureka, California on ------=--~----=-::....:J==--1---=z_~,-Z_ D_ /_a_,_7______( date)

DISTRICT: SERVICE PROVIDER:

By: Larry Oetker

Signature: ~p y :::a::~~r~d~ \l Executive Director Title:£<'c:s dev1.\C Date: __(II/____;_, _ _CJ...--,, _rf+-----"--t -+--<-2 ..-,:..a-=---f -~ -'-' ____ Date: 4-2.- /Cf:

By: Company Name SIU'.! ter- Cove fol,:~ 21'e5erv °'-\-Pi'\ Signature: ~v Address: 5~:, /v1a(,\,-i~ \(~, President, Board of Commissioners ~k\ tGV' Cov.L , ot 955gq f •

Email:::L~~;·n~ Q1-vtu ~\ r COf:1 '-_J Phone:'767-'1<'/6-/40'6 / 767-Z?}:r /6~ . { - Contractor's License#:

Employer Tax ID#: ______

DIR ID#:______

Harbor District Service Provider Agreement Page 7 of 9

Page 52 of 103 EXHIBIT A SCOPE OF SERVICES AND COMPENSATION

Shelter Cove Fishing Preservation Incorporated ("SCFPI") and the Humboldt Bay Harbor, Recreation and Conservation District ("District") agree to the following terms for the operation and maintenance of the Shelter Cove fish cleaning station:

1. District staff will train SCFPI designated staff in the proper procedures for all daily and monthly operations of the fish grinder and/or any newly installed fish waste processing and disposal operation.

2. District will install signage regarding daily maintenance procedures with contact information for SCFPI operators.

3. District will take responsibility for major shut downs such as grinder pump failure, underground water and sewer problems, and other major repairs of fish waste operations and ensure that operations resume in a timely manner.

4. SCFPI will perform the followingjanitorial and fish cleaning station services: a. Clean and sanitize cleaning tables as needed b. Feed fish waste into grinder safely and properly c. Maintain a clean working area d. Insure all water hoses remain in working order

5. SCFPI is responsible for daily inspections and janitorial service of the fish waste disposal system. Completed daily check sheets will be available upon request by District staff.

6. District will be responsible for the cost of the water and electrical charges of the sub-metered fish cleaning station. If these costs exceed 10% of previous year expenses for the same month, the District and SCFPI shall meet and confer regarding ways to correct the problem.

COMPENSATION: not to exceed $25,000.00 per annum.

Harbor District Service Provider Agreement Page 8 of 9

Page 53 of 103 EXHIBITB SPECIAL CONDITIONS

The following additional agreements between Shelter Cove Fishing Preservation Incorporated ("SCFPI") and the Humboldt Bay Harbor, Recreation and Conservation District ("District") will be required for full implementation of the project:

1. With grand funding approved, District will purchase, construct, and install a wastewater line from existing fish cleaning station to Shelter Cove Resort Improvement District wastewater mainline, commercial composter and/or other approved facilities to discontinue the current fish waste discharge into the ocean.

2. District will aid SCFPI in the implementation of a commercial fish cleaning, processing, and retail sales operation on the leased property.

Harbor District Service Provider Agreement Page 9 of 9

Page 54 of 103 Agenda Item 8c.

COMMISSIONERS Humboldt Bay 1st Division Harbor, Recreation and Conservation District Larry Doss (707) 443-0801 nd 2 Division P.O. Box 1030 Greg Dale 3rd Division Eureka, California 95502-1030 Stephen Kullmann 4th Division Richard Marks 5th Division Patrick Higgins STAFF REPORT HARBOR DISTRICT MEETING April 8, 2021

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 1, 2021

TITLE: Consider Approving Resolution 2021-04 Adopting an Initial Study/ Mitigated Negative Declaration, and Establishing Findings Relative to the Permit Application for the Humboldt Bay Trail South and Approve Permit 2021-01

STAFF RECOMMENDATION: Staff recommends that the Board: • Approve Resolution No. 2021-04 Adopting an Initial Study/ Mitigated Negative Declaration and Establishing Findings Relative to the Permit Application for the Humboldt Bay Trail South. • Approve Permit 2021-01 for the Humboldt Bay Trail South Project.

SUMMARY: The County of Humboldt applied for a Harbor District permit for development of Humboldt Bay Trail South. The Harbor District Board is to consider issuing a permit.

BACKGROUND: The Humboldt Bay Trail is a network of multi-use trails (also known as shared-use paths) providing non-motorized access for transportation and recreational use throughout the Humboldt Bay region. The Humboldt Bay Trail will connect communities with multi-modal transportation facilities and connect people to the bay by enabling people of all ages and abilities to access and experience the bay’s resources directly. In addition to serving the region’s transportation needs, the Humboldt Bay Trail will achieve a critical link in the California Coastal Trail and enhance recreational use and enjoyment around the bay.

The Humboldt Bay Trail is being developed as a collaborative effort between the Humboldt County Association of Governments (HCAOG), Humboldt County (County), City of Arcata, City of Eureka, California Department of Transportation (Caltrans), California State Coastal Conservancy, North Coast Railroad Authority (NCRA), Redwood Community Action Agency (RCAA), and other partners. The City

Page 1 of 3 Page 55 of 103 of Arcata completed the Humboldt Bay Trail North segment which extends south along the Highway 101 and railroad corridor to a terminus located near Bayside Cutoff and Bracut Industrial Park. The City of Eureka recently completed Phases B and C of the Eureka Waterfront Trail which extends a segment along the west side of Eureka Slough. Humboldt County is leading the Humboldt Bay Trail South project (the “project”) from the Eureka Slough area to the Bracut Industrial Park to provide the interconnecting link between the two trail projects recently completed by the cities of Arcata and Eureka.

DISCUSSION: The proposed project is an approximately 4.2-mile paved path situated primarily along the Highway 101 and the railroad corridor with the exception of a proposed levee trail segment around the California Redwood Company (CRC) mill site. This project will result in a continuous non-motorized trail from central Arcata to the southern end of Eureka, for a total length of nearly 13 miles. Completion of the link between the two largest cities in Humboldt County will provide a major step toward regional trail connectivity around Humboldt Bay. Additional background information is provided in the Project Description Report (September 2020).

The Humboldt Bay Trail South Project is intended to provide non-motorized (primarily pedestrian and bike) transportation and recreational access connecting the City of Eureka’s Waterfront Trail to the City of Arcata’s Humboldt Bay Trail North via a Class I multi-use trail. The project would connect to the existing Eureka Waterfront Trail, starting just south of NCRA’s Eureka Slough Bridge in Eureka, and continuing along the NCRA railroad transportation corridor north towards Brainard Slough. In addition to the proposed trail improvements between Eureka and Brainard Slough, the project includes sections of cable barrier that are proposed to be installed at specified locations between the existing Humboldt Bay Trail North Project and U.S. Highway 101.

The project is being designed to achieve the standards of a Class I Bikeway in accordance with the Caltrans Highway Design Manual (2017). In addition, the project will be designed to conform to other applicable standards, including the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities, Fourth Edition (2012); California Manual of Uniform Traffic Control Devices (CA MUTCD) (2014); the 2010 Americans with Disabilities Act (ADA) Standards for Accessibility Design; Chapter 11B of the 2016 California Building Code; General Order No. 26-D from the California Public Utilities Commission; and the NCRA Trail Guidelines (2009).

California Environmental Quality Act The County of Humboldt prepared and adopted an Initial Study and Mitigated Negative Declaration (MND) (SCH #2018022036) for the project. Mitigation measures have been developed for affected environmental factors, reducing potential impacts to less than significant. Therefore, the Initial Study and Mitigated Negative Declaration determine that the project’s impacts will be less than significant with mitigation incorporated. The proposed IS/MND was made available for the public’s review and comment via a Notice of Intent, with a comment period from February 16 to March 19, 2018. The IS/MND was adopted by the Humboldt County Board of Supervisors on July 31, 2018. The Humboldt

Page 2 of 3 Page 56 of 103 Bay Harbor District is a responsible agency for the proposed project and must review and considered the information contained in the IS/MND.

Documents incorporated here by reference and available on the Harbor District’s website under ‘Public Notices’ (http://humboldtbay.org/public-notices): • Notice of Application and Application - Humboldt County Department of Public Works Humboldt Bay Trail South • Humboldt Bay Trail South Initial Study and Mitigated Negative Declaration (CEQA Document)

ATTACHMENTS: A. Resolution No. 2021-04 Adopting an Initial Study/ Mitigated Negative Declaration and Establishing Findings Relative to the Permit Application for the Humboldt Bay Trail South B. Permit 2021-01 for the Humboldt Bay Trail South Project

Page 3 of 3 Page 57 of 103 HUMBOLDT BAY HARBOR, RECREATION Agenda Item 8c. AND CONSERVATION DISTRICT Attachment A ______

RESOLUTION NO. 2021-04

A RESOLUTION ADOPTING AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PREPARED IN ACCORDANCE WITH CEQA AND ESTABLISHING FINDINGS RELATIVE TO THE PERMIT APPLICATION FOR THE HUMBOLDT BAY TRAIL SOUTH

WHEREAS, the Board of Commissioners of the Humboldt Bay Harbor, Recreation, and Conservation District is empowered by Appendix II of the Harbors and Navigation Code, and its own ordinances and resolutions, to grant permits, leases, rights, and privileges; and,

WHEREAS, no permits, rights, leases, and privileges may be granted without first having considered certain potential impacts and without first having made findings relative to said impacts; and,

WHEREAS, the Humboldt County Department of Public Works has applied to the Humboldt Bay Harbor, Recreation, and Conservation District for the Humboldt Bay Trail South Project “Project”; and

WHEREAS the California Environmental Quality Act of 1970, as amended (CEQA) requires that in the approval of a project for which a mitigated negative declaration (MND) has been prepared (SCH#2018022036) the decision making body shall review said MND and make certain findings regarding the significant effects on the environment identified in the MND; and

WHEREAS, the Project was subject of an Initial Study and Mitigated Negative Declaration prepared by the Humboldt County as the lead agency under CEQA and that MND was adopted by Humboldt County; and

WHEREAS the Board of Commissioners does hereby certify that acting as a responsible agency for the Project under CEQA it has considered the information contained in such MND, and concurs in the analysis and conclusions set forth in said documents;

WHEREAS, the MND for the Project is, by this reference, incorporated into this Resolution as if fully set forth herein;

WHEREAS, the Board of Commissioners of the Humboldt Bay Harbor, Recreation, and Conservation District has been presented with certain evidence relating to the impact of the Humboldt Bay Trail South Project upon the air, land, environment, and ecology of the Bay under the jurisdiction of the Humboldt Bay Harbor, Recreation, and Conservation District; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District as follows:

That the Board of Commissioners does hereby make the following findings: (1) it has independently reviewed and analyzed the MND and other information in the record and has considered the information contained therein prior to acting upon or approving the portion of the Project before the Board for consideration, (2) the MND prepared for the Project have been completed in compliance with CEQA and in a manner that is consistent with state guidelines implementing CEQA and (3) the MND represents the independent judgment and analysis of the Humboldt Bay Harbor District as a responsible agency for the Project.

Therefore, based upon all of the foregoing, the Harbor District as a responsible agency under CEQA, hereby adopts the MND prepared for the Project. The MND is on file at the Humboldt Bay Harbor, Recreation and Conservation District Office, 601 Startare Drive, Eureka, CA 95501, and available for inspection by any interested person.

ResolutionPage 58 No. of 103 2021-04 BE IT FURTHER RESOLVED that the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District has found the following to be true and adopts the following findings with respect to the proposed use contemplated by Humboldt County Permit (2021-01) application for the Humboldt Bay Trail South:

1. The proposed use is necessary to promote public safety, health, comfort, and convenience;

2. The proposed use is required by the public convenience and necessity;

3. The proposed use, as conditioned by the adopted Mitigated Negative Declaration is consistent with CEQA and there is no substantial evidence the project will have a significant effect on the environment; and

4. The proposed use is consistent with the Humboldt Bay Management Plan; and

5. The proposed use is reasonably required to promote growth, and to meet area demands, and does not adversely affect the environment or ecology of the area to any substantial degree; and,

6. The proposed use will not produce an unreasonable burden on the natural resources and aesthetics of the area, on the public health and safety, and air and water quality in the vicinity of Humboldt Bay, or on the parks, recreation and scenic area, historic sites and buildings, or archeological sites in the area.

PASSED AND ADOPTED by the Humboldt Bay Harbor, Recreation and Conservation District Board of Commissioners at a duly called meeting held on the 8th day of April 2021, by the following polled vote: AYES: NOES: ABSENT: ______STEPHEN KULLMANN, Chair Board of Commissioners ATTEST:

______PATRICK HIGGINS, Secretary Board of Commissioners

ResolutionPage 59 No. of 103 2021-04 CERTIFICATE OF SECRETARY

The undersigned, duly qualified and acting Secretary of the HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT, does hereby certify that the attached Resolution is a true and correct copy of RESOLUTION NO. 2021-04 entitled,

A RESOLUTION ADOPTING AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PREPARED IN ACCORDANCE WITH CEQA AND ESTABLISHING FINDINGS RELATIVE TO THE PERMIT APPLICATION FOR THE HUMBOLDT BAY TRAIL SOUTH as regularly adopted at a legally convened meeting of the Board of Commissioners of the HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT, duly held on the 8th day of April 2021; and further, that such Resolution has been fully recorded in the Journal of Proceedings in my office, and is in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of April 2021.

______Patrick Higgins, Secretary Board of Commissioners

ResolutionPage 60 No. of 103 2021-04 Agenda Item 8c. Attachment B

HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT

PERMIT

Permit No. 2021-01 601 Startare Drive Woodley Island Marina P.O. Box 1030 Eureka, CA 95502-1030

Permittee: Humboldt County Public Works Contact: Hank Seemann 1106 Second St, Eureka, CA 95501 [email protected]; 707-445-7741

The Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District hereinafter referred to as “District”, having considered the Application herein, number 2021-01, filed by Humboldt County Department of Public Works, hereinafter referred to as “Permittee”, and the Humboldt Bay Harbor, Recreation and Conservation District (HBHRCD) as responsible agency, pursuant to the California Environmental Quality Act of 1970, as amended, having made a determination adopting the Mitigated Negative Declaration (SCH# 2018022036) and the Board of Commissioners of the District having on April 8, 2021, passed Resolution No. 2021-04 establishing findings relative to the Application by Permittee for the Humboldt Bay South Trail Project as provided for in this Permit, the Permittee is hereby authorized to perform the work as more particularly described in the Application filed with the District and the mitigated negative declaration referred to above.

You are hereby authorized to conduct that activity described in the Permit Application (as amended) of Permittee consisting of:

The proposed project is an approximately 4.2-mile paved path situated primarily along the Highway 101 and railroad corridor from the Eureka Slough Area to the Bracut Industrial Park as more particularly described in the Application filed by Permittee.

SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. If the Permittee materially changes the activity plan and scope, it will be necessary to request a permit revision.

2. That all work authorized by this Permit shall further be subject to the approval of the following public agencies as applicable: A. United States Army Corps of Engineers B. North Coast Regional Water Quality Control Board C. California Coastal Commission

Page 1 of 4 Permit 2021-01 Humboldt Bay South Trail Project Page 61 of 103 D. California Department of Fish and Wildlife

and Permittee shall fully comply with all regulations and conditions affecting such work as imposed by the above agencies.

3. That the mitigation measures described in the Mitigated Negative Declaration for the Humboldt Bay South Project are made conditions of this permit by reference.

4. That this Permit, if not previously revoked or specifically extended, shall cease and be null and void and terminate on April 8, 2022. If Permittee cannot complete the work within the time granted by this Permit, an application for extension must be filed prior to the Permit termination date.

5. Any in-water work requires a Spill Prevention, Control and Countermeasure (SPCC) plan. Spill kits with appropriate contents will be maintained at the project site. Kits shall be equipped with enough material to provide preliminary containment for a volume of material that can reasonably be expected to spill. Booms will be available to contain spilled materials.

6. All construction debris shall be removed from the site and disposed of only at an authorized disposal site. Sidecasting of such material or placement of any such material within Humboldt Bay or any wetland area is prohibited.

7. If archeological or cultural features or materials are unearthed during any phase of project activity, all work in the immediate vicinity of the find shall halt until the Permittee has contacted the Wiyot Tribe’s Cultural Department, and the significance of the resource has been evaluated, to the satisfaction of the Wiyot Tribe. Any mitigation measures that may be deemed necessary will be provided to the Wiyot Cultural Director for review and input to ensure they are consistent with the standards for cultural resource mitigation particularly in cooperation with Native American tribal representatives and the California State Native American Heritage Commission. Mitigation measures shall be implemented by a qualified archeologist representing the Permittee prior to resumption of construction activities. If human remains are exposed by project related activity, the Permittee shall comply with California State Health and Safety Code, §7050.5, which states that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition pursuant to California Public Resources Code, §5097.98.

8. That there shall be no unreasonable interference with navigation by the work herein authorized.

9. That no attempt shall be made by the Permittee to interfere or forbid the full and free use by the public of all navigable waters at or adjacent to the work.

Page 2 of 4 Permit 2021-01 Humboldt Bay South Trail Project Page 62 of 103 10. That the District, its Commissioners, or any officer or employee of the District shall in no case be liable for any damages or injury of the work herein authorized which may be caused by or result from future operations undertaken by the District for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.

11. That neither the District, nor its Board of Commissioners, nor any officer of the District shall be liable to any extent for any such injury or damage to any person or property or for the death of any person arising out of or connected with the work authorized by this Permit.

12. That the Board of Commissioners of the District may revoke this Permit at any time upon a finding by the District of a violation by the Permittee of any condition of this Permit.

13. That the Permittee shall comply with any regulations, condition, or instructions affecting the work hereby authorized if and when issued by the Federal Water Pollution Control Administration and/or the State of California Water Resources Control Agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions, or instruction in effect or prescribed by Federal or State Agencies are hereby made a condition of this Permit.

14. That as a condition to the issuance of this Permit, Permittee agrees to indemnify and hold harmless District from and against any and all liability, loss, or damage District may suffer from claims and demands for attorneys’ fees, costs of suit, and costs of administrative records made against District by any and all third parties as a result of third party environmental actions against District arising out of the subject matter of this Permit, including, but not limited to attorneys’ fees, costs of suit, and costs of administrative records pursuant to the California Code of Civil Procedure §1021.5 or any other applicable local, state or federal laws, whether such attorneys’ fees, costs of suit, and costs of administrative records are direct or indirect, or incurred in the compromise, attempted compromise, trial appeal or arbitration of claims for attorneys’ fees, costs of suit, and costs of administrative records in connection with the subject matter of this Permit.

15. That this Permit is valid as of April 8, 2021 and is made subject to the Permittee approving and agreeing to the conditions above set forth and executing said approval as hereinafter provided.

EXECUTED on this 8rd day of April 2021, by authority of the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District.

Page 3 of 4 Permit 2021-01 Humboldt Bay South Trail Project Page 63 of 103 ______SPEPHEN KULLMANN, Chair Board of Commissioners Humboldt Bay Harbor, Recreation and Conservation District

Humboldt County Public Works, Permittee, in the above Permit, hereby accepts and agrees to all of the conditions hereinabove set forth. Permittee shall indemnify and hold harmless the District, its Board of Commissioners, officers and employees from any and all claims of any nature arising from the performance of and work of improvement contained in the Application for injury, death or damage to any person or property.

Humboldt County Public Works, Permittee, in the above Permit, agrees to indemnify and hold harmless District, its Board of Commissioners, officers and employees from and against any and all liability, loss or damage District may suffer from claims and demands from attorneys’ fees; costs of suit and costs of administrative records made against District by any and all third parties as a result of third party environmental actions against District arising out of the subject matter of this Permit including, but not limited to, attorneys’ fees, costs of suit and costs of administrative records pursuant to the California Code of Civil Procedure §1021.5 or any other applicable local, state or federal laws, whether such attorney’s fees, costs of suit and costs of administrative records are direct or indirect, or incurred in the compromise, attempted compromise, trial, appeal or arbitration of claims for attorneys’ fees, costs of suit and costs of administrative records in connection with the subject matter of this Permit.

Dated: ______

______Humboldt County Public Works

Page 4 of 4 Permit 2021-01 Humboldt Bay South Trail Project Page 64 of 103 Agenda Item 8d.

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 2, 2021

TITLE: Review Potential Funding Opportunities to Support the Development of a New Multipurpose Terminal to Support the Emerging West Coast Offshore Wind Industry.

STAFF RECOMMENDATION: Staff recommends that the Board: Receive a presentation from Staff and provide direction as appropriate.

SUMMARY: The Harbor District owns all the shoreline property from the Samoa Bridge to the former LP Pulp Mill where Nordic Aquafarms is in the process of developing and the new Trans- Pacific broadband cable landing site is located. In March, the Board authorized a contract to prepare three conceptual master plans for the entire area which includes a new multipurpose terminal and offshore wind assembly terminal. This week the Biden Administration announced their plans to “Jumpstart Offshore Wind Energy Projects to Create Jobs.” As part of this effort $230 million in funding was made available through the Port Infrastructure Development Program (PIDP) under the Department of Transportation Maritime Administration.

DISCUSSION: To maximize the value of FY 2021 PIDP funds for all Americans, DOT seeks projects that enable safe, efficient, and reliable movement of goods and support the following program objectives: (1) supporting economic vitality at the national and regional level; (2) addressing climate change and environmental justice impacts; (3) advancing racial equity and reducing barriers to opportunity; and, (4) leveraging Federal funding to attract non-Federal sources of infrastructure investment.

The minimum award under the program is $1 million and no State may receive more that $57 million. $41.4 million is reserved for small projects at small ports with up to $18.4 million available for phased development of large projects at small ports. The application deadline is due on July 31, 2021.

Page 1 of 2 Page 65 of 103 At your March meeting, the Board approved a letter of support for AB 525 (CHIU) which would establish a goal for the State of CA to develop 3 GW of renewable power from offshore wind resources by 2030 and 10 GW by 2040. AB 525 would also evaluate California Ports which are required to support the offshore wind industry. President Biden’s goal is to have 30 GW of offshore wind nationally by 2020.

The offshore wind industry is projected to create tens of thousands of jobs nationally with approximately 14,000 from the California offshore wind resources alone. President Biden’s fact sheet states that: “The next step is for BOEM to publish a Proposed Sale Notice, followed by a formal public comment period and a lease sale in late 2021 or early 2022.” If Humboldt Bay is going to develop modern port facilities to meet the needs of the offshore wind industry, then significant financial, technical, and political resources will be required in a relatively short time period.

ATTACHMENTS: A. FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs

Page 2 of 2 Page 66 of 103 3/30/2021 FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs | The White House Agenda Item 8d. Attachment A

BRIEFING ROOM

FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs

MARCH 29, 2021 • STATEMENTS AND RELEASES

Interior, Energy, Commerce, and Transportation Departments Announce New Leasing, Funding, and Development Goals to Accelerate and Deploy Oﬀshore Wind Energy and Jobs

Today, the White House convened leaders from across the Administration to announce a set of bold actions that will catalyze oﬀshore wind energy, strengthen the domestic supply chain, and create good-paying, union jobs.

National Climate Advisor Gina McCarthy, Interior Secretary Deb Haaland, Energy Secretary Jennifer Granholm, Commerce Secretary Gina Raimondo, and Transportation Secretary Pete Buttigieg met today with state oﬃcials, industry executives, and labor leaders to announce new leasing, funding, and goals that employ President Biden’s whole-of-government approach, position America to lead a clean energy revolution, and create thousands of jobs across the country with the choice to join a union.

In his first week in office, President Biden issued an Executive Order that calls on our nation to build a new American infrastructure and clean energy economy that will create millions of new jobs. In particular, the President’s Order committed to expand opportunities for the offshore wind industry. The President recognizes that a thriving offshore wind industry will drive new jobs and economic opportunity up and down the Atlantic Coast, in the Gulf of Mexico, and in Pacific waters. The industry will also spawn new supply chains that stretch into America’s heartland, as illustrated by the 10,000 tons of domestic steel that workers in Alabama and West Virginia are supplying to a Texas shipyard where Dominion Energy is building the Nation’s first Jones Act compliant wind turbine installation vessel.

Federal leadership, in close coordination with states and in partnership with the private sector, unions and other key stakeholders, is needed to catalyze the deployment of oﬀshore wind at scale.

Page 67 of 103 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-t… 1/6 3/30/2021 FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs | The White House Today, the Administration is taking coordinated steps to support rapid oﬀshore wind deployment and job creation:

Advance ambitious wind energy projects to create good-paying, union jobs

Investing in American infrastructure to strengthen the domestic supply chain and deploy oﬀshore wind energy

Supporting critical research and development and data-sharing.

Advance Ambitious Wind Energy Projects to Create Good-Paying, Union Jobs

Announcing a New Wind Energy Area. The Interior Department’s Bureau of Ocean Energy Management (BOEM) is announcing a new priority Wind Energy Area in the New York Bight—an area of shallow waters between Long Island and the New Jersey coast— which a recent study from Wood Mackenzie shows can support up to 25,000 development and construction jobs from 2022 to 2030, as well as an additional 7,000 jobs in communities supported by this development. The study indicates the New York Bight lease area also has the potential to support up to 4,000 operations and maintenance jobs annually, and approximately 2,000 community jobs, in the years following. This new Wind Energy Area is adjacent to the greater metropolitan Tri-State area— the largest metropolitan population center in the United States that is home to more than 20 million people and their energy needs. The next step is for BOEM to publish a Proposed Sale Notice, followed by a formal public comment period and a lease sale in late 2021 or early 2022.

Establishing a Target of Employing Tens of Thousands of Workers to Deploy 30 Gigawatts (30,000 megawatts) of Offshore Wind by 2030. The Departments of Interior (DOI), Energy (DOE), and Commerce (DOC) are announcing a shared goal to deploy 30 gigawatts (GW) of offshore wind in the United States by 2030, while protecting biodiversity and promoting ocean co-use. Meeting this target will trigger more than $12 billion per year in capital investment in projects on both U.S. coasts, create tens of thousands of good-paying, union jobs, with more than 44,000 workers employed in offshore wind by 2030 and nearly 33,000 additional jobs in communities supported by offshore wind activity. It will also generate enough power to meet the demand of more than 10 million American homes for a year, and avoid 78 million metric tons of CO2 emissions.

DOI action to unlock deployment potential: To position the domestic oﬀshore wind industry to meet the 2030 target, DOI’s Bureau of Ocean Energy Management (BOEM) plans to advance new lease sales and complete review of at least 16 Construction and

Page 68 of 103 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-t… 2/6 3/30/2021 FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs | The White House Operations Plans (COPs) by 2025, representing more than 19 GW of new clean energy for our nation.

Massive supply chain benefits of deploying offshore wind energy at scale: Meeting the 2030 target will catalyze significant supply chain benefits, including new port upgrade investments totaling more than $500 million; one to two new U.S. factories for each major windfarm component including wind turbine nacelles, blades, towers, foundations, and subsea cables; additional cumulative demand of more than 7 million tons of steel—equivalent to 4 years of output for a typical U.S. steel mill; and the construction of 4 to 6 specialized turbine installation vessels in U.S. shipyards, each representing an investment between $250 and $500 million.

2050 implications of meeting the 2030 goal: Achieving this target also will unlock a pathway to 110 GW by 2050, generating 77,000 oﬀshore wind jobs and more than 57,000 additional jobs in communities supported by oﬀshore wind activity – all while creating further economic opportunity and ensuring future generations have access to clean air and abundant renewable power.

Advancing critical permitting milestones for the Ocean Wind Offshore Wind Project. BOEM is announcing a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for Ocean Wind, putting it in line to become America’s third commercial scale offshore wind project. Ocean Wind has proposed an offshore wind project with a total capacity of 1,100 megawatts (MW) — enough to power 500,000 homes across New Jersey. BOEM previously announced environmental reviews for Vineyard Wind (MA) and South Fork (RI), and anticipates initiating the environmental reviews for up to ten additional projects later this year.

Investing in American Infrastructure to Strengthen the Domestic Supply Chain and Deploy Oﬀshore Wind Energy

Investing in Port Infrastructure to Support Offshore Wind. The U.S. Department of Transportation’s (DOT) Maritime Administration today is announcing a Notice of Funding Opportunity for port authorities and other applicants to apply for $230 million for port and intermodal infrastructure-related projects through the Port Infrastructure Development Program. Port Infrastructure Development Grants support projects that strengthen and modernize port infrastructure, and can support shore-side wind energy projects, such as storage areas, laydown areas, and docking of wind energy vessels to load and move items to offshore wind farms. In addition to supporting our nation’s long-term economic vitality, DOT’s review process will consider how proposed projects can most effectively address climate change and environmental justice imperatives.

Page 69 of 103 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-t… 3/6 3/30/2021 FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs | The White House Access to $3 billion in Debt Capital to Support Offshore Wind Industry through DOE Loan Programs Office. DOE’s Loan Programs Office (LPO) released a fact sheet to facilitate access for the offshore wind industry for $3 billion in funding through LPO’s Title XVII Innovative Energy Loan Guarantee Program. The fact sheet signals that LPO is open for business and ready to partner with offshore wind and offshore transmission developers, suppliers, and other financing partners to scale the U.S. offshore industry and support well-paying jobs. To date, LPO has provided $1.6 billion in support of projects totaling about 1,000 MW of onshore wind.

Supporting Critical Research and Development and Data-Sharing

Announcing offshore wind R&D funding through the National Offshore Wind R&D Consortium. The National Offshore Wind Research and Development Consortium (NOWRDC), created by the DOE and the New York State Energy Research and Development Authority (NYSERDA), is announcing the award of $8 million to 15 offshore wind research and development projects that were selected through a competitive process. The new projects will focus on offshore support structure innovation, supply chain development, electrical systems innovation, and mitigation of use conflicts that will help reduce barriers and costs for offshore wind deployment. The NOWRDC was established in 2018 with a $20.5 million DOE investment, matching funds from NYSERDA, and with follow-on contributions from state agencies in Maryland, Virginia, Massachusetts, and Maine—all resulting in a total investment of around $47 million.

Partnering with Industry on Data-Sharing. The Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) is signing a Memorandum of Agreement with Ørsted, an offshore wind development company, to share physical and biological data in Ørsted-leased waters subject to U.S. jurisdiction. This agreement is the first of its kind between an offshore wind developer and NOAA, and paves the way for future data-sharing agreements that NOAA expects to enter into with other developers. NOAA anticipates that Ørsted’s and other companies’ data will fill gaps in ocean science areas—particularly in ocean mapping and observing—in service of NOAA’s mission to advance climate adaptation and mitigation, weather-readiness, healthy oceans, and resilient coastal communities and economies.

Studying Offshore Wind Impacts. NOAA’s Northeast Sea Grant programs, in partnership with DOE, DOC, and NOAA’s Northeast Fisheries Science Center, is releasing a request for research proposals to support more than $1 million in grant funding to improve understanding of offshore renewable energy for the benefit of a diversity of stakeholders, including fishing and coastal communities. Grant funding will support objective community-based research in the Northeast to further understanding of the effects of Page 70 of 103 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-t… 4/6 3/30/2021 FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs | The White House offshore renewable energy on the ocean and local communities and economies as well as opportunities to optimize ocean co-use.

At today’s convening, leaders from across the Administration shared their commitment to work closely with one another and with key stakeholders to deliver the economic potential presented by oﬀshore wind energy resources.

National Climate Advisor Gina McCarthy: “President Biden has declared very clearly that when he thinks of climate, he thinks of people and jobs—good-paying, union jobs. That’s because President Biden believes we have an enormous opportunity in front of us to not only address the threats of climate change, but use it as a chance to create millions of good-paying, union jobs that will fuel America’s economic recovery, rebuild the middle class, and make sure we bounce back from the crises we face. Nowhere is the scale of that opportunity clearer than for oﬀshore wind. This commitment to a new, untapped industry will create pathways to the middle class for people from all backgrounds and communities.”

Secretary of Interior Deb Haaland: “For generations, we’ve put oﬀ the transition to clean energy and now we’re facing a climate crisis. It’s a crisis that doesn’t discriminate – every community is facing more extreme weather and the costs associated with that. But not every community has the resources to rebuild, or even get up and relocate when a climate event happens in their backyards. The climate crisis disproportionately impacts communities of color and low-income families. As our country faces the interlocking challenges of a global pandemic, economic downturn, racial injustice, and the climate crisis – we have to transition to a brighter future for everyone.”

Secretary of Energy Jennifer Granholm: “This oﬀshore wind goal is proof of our commitment to using American ingenuity and might to invest in our nation, advance our own energy security, and combat the climate crisis,” said Secretary of Energy Jennifer M. Granholm. “DOE is going to marshal every resource we have to get as many American companies, using as many sheets of American steel, employing as many American workers as possible in oﬀshore wind energy—driving economic growth from coast to coast.”

Secretary of Commerce Gina Raimondo: “The Commerce Department is committed to innovative partnerships that advance the best science and data to ensure the development of oﬀshore wind is transparent and inclusive of all stakeholders,” said Secretary Raimondo. “We look forward to engaging the public and private sectors to invest in clean energy solutions, like oﬀshore wind, that will contribute to our whole-of-government approach to combat the climate crisis and create high-paying, high-skilled American jobs.”

Page 71 of 103 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-t… 5/6 3/30/2021 FACT SHEET: Biden Administration Jumpstarts Offshore Wind Energy Projects to Create Jobs | The White House Secretary of Transportation Pete Buttigieg: “Tackling the climate crisis is vital to our nation’s future,” said U.S. Secretary of Transportation Pete Buttigieg. “The Biden-Harris Administration is taking actions that show how creating jobs and addressing climate change can and must go hand in hand. Today’s announcement makes a critical investment in our nation’s ports, which in turn builds up the resilience and sustainability of America’s economy.”

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Page 72 of 103 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-t… 6/6 Agenda Item 8e.

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: March 30, 2021

TITLE: Consider Implementing Hybrid Transitionary Board Meeting Protocol and Appropriate $9,000 for the Purchase and Installation of New Video Streaming Equipment for Improved Public Access and Transparency

STAFF RECOMMENDATION: Staff recommends that the Board: Implement a hybrid transitionary Board meeting structure and appropriate $9,000 for video streaming equipment.

SUMMARY: In March of 2020 the State adopted changes to the Brown Act open meeting law requirements during the COVID 19 pandemic. During the last year, the Board has met in properly noticed virtual meetings with no in-person Board meetings conducted. The Board has directed Staff to research affordable ways that the District could live stream in person Board meeting once COVID 19 restrictions are lifted.

DISCUSSION: During the pandemic, many churches, businesses, YouTube influencers, internet product reviewers, personal trainers and a plethora of other entities have found creative ways to live stream and or upload videos to the internet. As a result, several new affordable, reliable, and high- quality products have come online which can be readily utilized for live Board meeting streaming/recording.

It is anticipated that over the next several months the Board will likely begin to transition back to meeting in person and therefore staff requests that the Board appropriate the funds before the new budget fiscal year in July. Initially, Staff anticipates that Board members that are vaccinated would meet in-person while the public would continue to participate live virtually through ZOOM. When the Public Health Officer lifts restrictions for open government meetings, the public would be allowed back into live Board meetings or they would be able to continue to participate live virtually over ZOOM. Some government entities have established hybrid procedures where the Board meets in person and only one person at a time is allowed into the Board room for socially distanced public comment. Other public members continue to participate live via ZOOM or another program.

Page 1 of 2 Page 73 of 103 Staff will continue to monitor changes to the Brown Act that were enacted during COVID 19 and consult with our Attorney to ensure that we remain in compliance and allow our meetings to be held as transparent as possible. If the Board appropriates the funds, the equipment would be purchased and installed before the end of April, and the system would be tested to ensure that it is working properly before it is ready for live streaming during a future noticed Board meeting.

Staff Recommends that the Board adopt the following Board meeting protocol:

1. The Board Members and key District Staff will meet in person. 2. The front door to the Board room will remain open during the meeting. 3. Board meeting will continue to be streamed live over the internet with the link included on the agenda in compliance with the Brown Act. The applicant and public are encouraged to continue to provide comment and watch the meeting via internet streaming. 4. In order to minimize potential impacts, in person comments from the applicant will be heard first followed by in person public comments, and then followed by comments via internet streaming. 5. Speakers must wait outside the building, wear a mask, and maintain social distance until the Board is scheduled to hear a specific item. 6. Entry to the Board Room is limited to members of the public wishing to address the Board on any specific agenda item. 7. Only three members of the public, including the applicant, will be allowed in the Board room at a time to present public comment. The public must wear a mask at all times and maintain six feet separation. 8. Standard public meeting protocols shall apply. 9. When giving testimony, the mask may be removed. 10. After presenting comments. the speaker must leave the Board room to allow another member of the public to enter the Board Room. The applicant may remain in the room for the entire agenda item. 11. The Board President has the discretion to further limit the number of people entering the room in order to ensure adequate social distancing.

Page 2 of 2 Page 74 of 103 COMMISSIONERS Agenda Item 8f. 1st Division Humboldt Bay Larry Doss Harbor, Recreation and Conservation District 2nd Division (707)443-0801 Greg Dale P.O. Box 1030 3rd Division Stephen Kullmann Eureka, California 95502-1030 4th Division Richard Marks 5th Division Patrick Higgins STAFF REPORT - HARBOR DISTRICT MEETING April 8, 2021

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 2, 2021

TITLE: Review of The Draft Budget Process and Policy and Preliminary Budget and Goals for Redwood Marine Terminal I, Redwood Marine Terminal II, and Shelter Cove ______

STAFF RECOMMENDATION: Staff recommends the Board: Review and provide direction regarding the: 1. Draft budget process and policy, 2. Preliminary budget and goals for Redwood Marine Terminal I, Redwood Marine Terminal II, and Shelter Cove.

SUMMARY: The budget is prepared annually under direction of the Executive Director. In accordance with CA Harbors and Navigation Code Section 6093, on or before June 15, the District Board shall estimate and determine the amount of money required by the Harbor District and shall adopt a preliminary budget. Per Section 6093.3, the final budget shall be reported to the Board of Supervisors no later than August 1st.

DISCUSSION: The District continues to operate under tight budget constraints and although there are several large leases that are expected to bring in additional revenues during FY 2021 - 22, Staff is not proposing to budget for those incomes until they are received. Specifically, the Nordic Aquafarms lease which will begin making payments when the Coastal Development Permits are received and the RTI Cable landing lease which has lump sum payments that will be paid at Coastal Development Permit approval and landing of up to 4 cables.

Staff has also prepared a draft Budget Process and Policy document which among other items would establishes: • General Revenue Management Policy • Fiscal Reserve Policy • Service Level Policy • Investment Policy • Debt Policy

Staff has reviewed the income and expenditures from the previous year and will present an overview of the Redwood Marine Terminal I, Redwood Marine Terminal II, and Shelter Cove at the Board meeting. On March 11 the Board accepted the following schedule to go through goals, revenue, and expenditures by programmatic activity. These series of meeting would double as strategy sessions which would be used by the Board, Executive Director and District Staff to get a clear understanding of where each activity is at financially and what we can reasonably accomplish within our financial means. The public should note that the Board may schedule additional special meetings as necessary to ensure that the budget is adopted in compliance with State law. Page 75 of 103 Date Meeting Type Purpose April 8 Regular A) Review Preliminary Budget with Preliminary Goals, Income, and Expenditures: 1. Redwood Marine Terminal I 2. Redwood Marine Terminal II 3. Shelter Cove May 13 Regular A) Preliminary Goals, Income, and Expenditures: 1. Woodley Island Marina 2. Fields Landing Boat Yard 3. Dredging B) Review the Fee Schedule June 10 Regular A) Preliminary Goals, Income, and Expenditures: 1. Port Operations 2. Conservation and Recreation Programs 3. Administrative Services 4. General Operating and Staffing 5. Follow up discussion from previous budget meeting topics B) Adopt Preliminary Budget July 8 Regular Budget Adoption, Fee Schedule and Transmission to Board of Supervisors July 22 Special If Necessary

ATTACHMENTS:

A. Draft budget process and policy, B. Preliminary goals for Shelter Cove, Redwood Marine Terminal I, and Redwood Marine Terminal II.

Page 76 of 103 Agenda Item 8f. Attachment A Attachment A

BUDGET PROCESS AND POLICIES With the adoption of the annual budget, the Board recognizes that the appropriations for the many operating activities and capital budgets are based upon estimates of the District’s needs for the fiscal year. In order to establish reasonable flexibility in the administration of the budget, the following policies have been adopted. These policies are intended to provide the authority necessary for the Executive Director to administer the budget during the course of the fiscal year in light of varying conditions which may occur.

Budget Process The budget process begins with meetings of key management Staff to informally discuss underlying fiscal policies, goals and objectives of the Board, Contracts and Sub-Contracts, and material changes in anticipated revenue/income and expenditures/expenses. The meetings include a brief message from the Executive Director along with general instructions for completing the budget template documents which, when completed, include proposed expenditures, capital outlay, departmental descriptions, activity accomplishments and future objectives, and other budget data. Departmental requests are consolidated, and the Executive Director discusses or will discuss each departmental request with the applicable department head. Adjustments are made as appropriate and required to meet the Board’s goals and objectives. The next step in the budget process involves preparation of a preliminary budget document and the scheduling of a series of Study Sessions with the Board which typically begin in late March/early April and conclude with the adoption of the preliminary budget and final budget. As required by the CA Harbors and Navigation Code Section 6093, the preliminary budget must be adopted on or before June 15, and per Section 6093.3, the final budget shall be adopted and reported to the Board of Supervisors no later than August 1st. The District uses the modified accrual basis for budgeting in governmental funds. Proprietary funds are budgeted using accrual concepts. All operating and capital expenses and income are identified in the budgeting process because of the need for appropriation authority. All annual appropriations lapse at year-end.

Budget Policies The Board recognizes a need to create budget and fiscal policies that assure delivery of products and services as efficiently and effectively as possible. Operating Budget – General The operating budget will be based on the principle that current operating expenditures shall be funded with current revenues. Unappropriated fund balances/working capital in enterprise and reserve funds may be used by the Board to meet one-time special project/program expenses. The operating expenses of the Board will be supported by recurring revenues and will not be funded through long-term debt. The enterprise expenses will be funded through current revenues excluding interest income. Expenditures shall include funding adequate maintenance and replacement of capital and operating assets.

Budgetary control is maintained through monthly reports of all revenue and expenditure accounts. The Executive Director, Director of Administrative Services, District Treasurer and each department head review the monthly reports. The reports are placed on a noticed Board agenda for public and Board review within 60 days.

Page 1 of 3

Page 77 of 103 General Revenue Management The following summarizes the Board’s general revenue management policies: 1. The Board will strive to maintain a diversified and stable revenue system to shelter the government from short-term fluctuations in any revenue source and to ensure its ability to provide ongoing services. 2. The Board will make all current expenditures with current revenues, avoiding procedures that balance current budgets by postponing needed expenditures, accruing future revenues, or rolling over short- term debt. 3. In order to achieve important public policy goals, the Board has established various special revenue, capital project, debt service and enterprise funds to account for revenues whose use should be restricted to certain activities. Accordingly, each fund exists as a separate financing entity from other funds, with its own revenue sources, expenditures and fund equity. 4. Any transfers between funds for operating purposes are clearly set forth in the Financial Plan and can only be made by the District Treasurer and the Director of Administrative Services in accordance with the adopted budget. 5. Fees will be reviewed and updated on an ongoing basis to ensure that they keep pace with the changes in the cost of living as well as changes in methods or level of service delivery. 6. User fees will be developed and annually reviewed to insure they adequately recover the cost of services. In Enterprise Funds, user fees will provide full coverage of direct and indirect costs including depreciation and interest expense; subject to the limits imposed by the State.

Appropriations The term “appropriations” means the amount approved for expenditure by the Board with the adoption of the annual budget, along with subsequent budget modifications and adjustments. Appropriations will be based on the best estimates of Department Heads and the Executive Director. Differing operating requirements, price changes, emergency situations and similar factors may require variation from the approved appropriations. Therefore, the Executive Director has authority to adjust the appropriations so long as the changes do not exceed the total approved appropriations of an activity, except in case of emergency. The Executive Director has the authority to meet emergency requirements and subsequently report to the Board and secure Board approval for an appropriate budget modification.

FISCAL POLICIES

Financial Reserve Policy To maintain the fund balance and retained earnings of the various operating funds at levels sufficient to protect the District’s creditworthiness as well as its financial positions from unforeseeable emergencies, the Board will strive to maintain the following minimum fund and working capital balances: Minimum Fund and Working Capital Balances . 1. The Board will maintain fund balances or working capital balances of at least twenty percent (20%) of operating expenditures in the General Fund and all Enterprise Funds and Internal Service Funds. This is considered the minimum level necessary to maintain the District’s credit worthiness and to adequately provide for - a. Economic uncertainties and other financial hardships or downturns in the local or national Page 2 of 3

Page 78 of 103 economy. b. Local disasters or catastrophic events c. Contingencies for unseen operating or capital needs. d. Cash flow requirements. 2. In order to assure that the Board has some discretion in their financial decision making options, these reserve may be reduced with a majority Board vote in order to fund unforeseeable financial conditions such as one-time expenditures, or as transition funding in a recessionary economy, or other budget shortfall stop gap measure of a temporary nature.

Service Level Policy Service levels will be provided with the constraints of available resources. Services will be provided only at the most efficient and effective level to meet the needs of our constituents, customers, and businesses as determined by the Board. Board financial planning will provide for adequate maintenance and replacement of capital items.

Investment Policy The Board invests its temporary pooled idle cash in accordance with California Government Code Section 53601 and has an investment policy which is adopted annually. Investment and cash management will be the responsibility of the Executive Director in consultation with the District Treasurer and the Director of Administrative Services. The Board’s primary investment objective is to achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. Accordingly, the following factors will be considered in priority order in determining individual investment placements: 1. Safety – The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The Board only purchases investments that are considered safe. 2. Liquidity – This refers to the ability to “cash in” at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality which ensures cash will be available when an unexpected need arises. 3. Yield – This refers to the potential dollar earnings an investment can provide and is described as the rate of return. The Board will strive to keep all idle cash balances fully invested through daily projections of cash flow requirements. In order to maximize yields from its overall portfolio, the Board will consolidate cash balances from all funds for investment purposes and will allocate investment earnings to each fund in accordance with generally accepted accounting principles.

Debt Policy The Board will consider the use of debt financing for one-time capital improvement projects only when the project’s useful life will exceed the term of the financing and when project revenues or specific resources will be insufficient to service the debt. Debt financing will not be considered appropriate for any recurring purpose. An internal feasibility study will be prepared for each long-term financing which analyzes the impact on current and future budgets for debt service and operations. This analysis will also address the reliability of revenues to support debt service.

Page 3 of 3

Page 79 of 103 Agenda Item 8f. Attachment A

Shelter Cove

Page 80 of 103 Shelter Cove GOALS

• Complete the conversion of the fish cleaning station discharge from direct ocean to the Resort Improvement District’s wastewater treatment system, with composting of solids. • Boat ramp maintenance. • Implement the MOU and work with the SCFPI and SCRID to: • Take over Lease of upland property. • Install and operate the new composter • Implement the Janitorial Contract. • Develop a Master Plan for the Mario’s Marina property. • Pursue public acquisition of the Mario’s Marina property.

Page 81 of 103 RMT I GOALS

Page 82 of 103 RMT I GOALS

• Prepare additional upland for Commercial Fisheries Storage • Repair and Maintain upland Warehouse for Aquaculture & Storage • Secure Dock under Gated Access allowing only leased access • Maintain and Improve Red Tank Dock as vital infrastructure • Maintain roads and clear overgrowth vegetation from surrounding areas • Continue to pursue Multi-purpose Dock Design & Development Options • Work with the THA to close sale transaction. • Receive authorization to utilize Samoa Lagoons for dredge dewatering

Page 83 of 103 Redwood Marine Terminal II

• Construct new 600,000 sqft recirculating aquaculture facility

• Install Worlds longest trans-pacific broadband cable landing

• 12 MGD saltwater intake system

Page 84 of 103 RMT II GOALS

• Nordic Aquafarms: • Assist with permit approval • Remove all debris piles within the lease area • Develop building plans for future tenant relocation • Coordinate utility service to existing warehouse during demolition • Remodel or construct new District maintenance shop

Page 85 of 103 RMT II GOALS

• Install Worlds longest trans-pacific broadband cable landing

• Install broadband land connection between RMT II and highway 299

• Work with other agencies to expand economic opportunities associated with new Broadband

Page 86 of 103 RMT II GOALS

• Permit and develop a master saltwater intake for 12MM gallons per day using the existing sea chest(s) • Continue target marketing efforts on aquaculture and other water related uses while allowing non water related uses on an interim basis • Conduct annual routine maintenance and structural integrity assessment of Outfall line

Page 87 of 103 RMT II GOALS

• Continue dock upgrades by replacing failing planks and rails • Remove remaining contents of liquors silos

Page 88 of 103 Agenda Item 8g.

COMMISSIONERS Humboldt Bay 1st Division Harbor, Recreation and Conservation District Larry Doss (707) 443-0801 nd 2 Division P.O. Box 1030 Greg Dale 3rd Division Eureka, California 95502-1030 Stephen Kullmann 4th Division Richard Marks 5th Division Patrick Higgins STAFF REPORT HARBOR DISTRICT MEETING April 8, 2021

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 2, 2021

TITLE: Award Bid to Replace A 480 Volt, 3 Phase, 200 Amp Service Electrical Feed, Along with A Low Voltage Feed Carrying Internet and Telecommunications and All Related Connections/Terminations to A Shore Tie

STAFF RECOMMENDATION: Staff recommends that the Board: Review the Bids and Award the Bid to the Lowest Responsible Bidder.

SUMMARY: The Coast Guard vessel moored at Woodley Island Marina needs to relocate from A dock back to its original lease slip of F dock. The vessel was originally moved due to draft restrictions. As a result of dredging activities over the last couple of years, the relocation back to F dock is ready to proceed pending the relocation of the electrical shore tie.

DISCUSSION: The relocation of the electrical service feeds was included as a Board Goals for Woodley Island Marina in the FY 20-21 budget and funds were appropriated for this project. In March, District staff released a request for proposals and conducted pre bid meeting with potential bidders. The bids are due by April 5th at 3:00 pm. Upon bid closing, Staff will review all bids received to ensure that they have met all the criteria and present the bids at the April 8th Board meeting. The bid packet is available for review on the District’s website at: http://humboldtbay.org/

ATTACHMENTS:

NONE

Page 1 of 1 Page 89 of 103 Agenda Item 8h.

TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 2, 2021

TITLE: Authorize the Executive Director to Negotiate and Execute a Federal Maritime Commission Agreement and Bylaws Through the California Association of Port Authorities

STAFF RECOMMENDATION: Staff recommends that the Board: Authorize the Executive Director in consultation with the District’s Attorney to negotiate and execute a Federal Maritime Commission (FMC) Agreement though the District’s membership with the California Association of Port Authorities (CAPA).

SUMMARY: The Harbor District is a member of CAPA which is comprised of the 11 major deep- water port authority across California. As Executive Director, I am one of the eleven CAPA Board Members and regularly meet as a member of the CAPA Tariffs & Practices Committee. Because CAPA members participate in discussions with the other member Ports regarding rates, development, marketing and other regulation items, CAPA is required to have an FMC Agreement.

DISCUSSION: CAPA maintains formal agreements on behalf of its member ports with the Federal Maritime Commission (FMC) and provides regular communications with the FMC and other national interests. CAPA advocates and advances the public policy objectives of the Ports at all levels of government. CAPA was founded in 1940, and accomplishes it’s mission by educating state and federal policy makers on port operations while also advancing the best interests of the maritime community. The existing FMC Agreement is the oldest in the nation and is considered outdated. CAPA has been working to separate the existing agreement into bylaws which are not regulated as part of the FMC and the FMC Agreement.

ATTACHMENTS: A Draft Revised Federal Maritime Commission Agreement

Page 1 of 1 Page 90 of 103 California Ports Agreement Venable Edits 3/29/2021 FMC Agreement No. Agenda Item 8h. Attachment A

FEDERAL MARITIME COMMISSION

AGREEMENT NO. ______

CALIFORNIA PORTS AGREEMENT

Page 1 of 2

Page 91 of 103 California Ports Agreement Venable Edits 3/29/2021 FMC Agreement No.

Table of Contents

ARTICLE I. FULL NAME OF AGREEMENT ...... 3 ARTICLE II. PURPOSE OF AGREEMENT ...... 3 ARTICLE III. PARTIES TO THE AGREEMENT ...... 3 ARTICLE IV. SCOPE OF THE AGREEMENT ...... 4 ARTICLE V. ADMINISTRATION AND DELEGATION OF AUTHORITY ...... 5 ARTICLE VI. VOTING ...... 6 ARTICLE VII. COMMITTEES ...... 6 ARTICLE VIII. CONFIDENTIALITY ...... 7 ARTICLE IX. EFFECTIVE DATE, DURATION AND TERMINATION ...... 7 ARTICLE X. AMENDMENTS ...... 8 ARTICLE XI. NOTICES ...... 8 ARTICLE XII. EXECUTION AND COUNTERPARTS ...... 8 SIGNATURES...... 9

Page 2 of 3

Page 92 of 103 California Ports Agreement Venable Edits 3/29/2021 FMC Agreement No.

ARTICLE I. FULL NAME OF AGREEMENT

This Agreement shall be known as the California Ports Agreement (“Agreement”).

ARTICLE II. PURPOSE OF AGREEMENT

The purpose of this Agreement is to promote fair and honorable business practices among those engaged in the marine terminal industry in the State of California and to more adequately serve the interests of the shipping public at their terminals in ports in the State of California. This Agreement will enable the parties to have discussions about how best to foster economic growth and provide greater economic benefits to Member Ports and the public.

ARTICLE III. PARTIES TO THE AGREEMENT

The parties to this Agreement are marine terminal operators as defined in the Shipping Act of 1984, as amended (46 U.S.C. § 40102), and each party either owns, leases, administers and/or operates public wharves and other terminal facilities in connection with ocean common carriers in the trade covered by this Agreement. The names and addresses of the parties are:

Humboldt Bay Harbor District [Address]

Oxnard Harbor District (Port of Hueneme) [Address]

Port of Long Beach [Address]

City of Los Angeles Harbor Department (Port of Los Angeles) [Address]

Port of Oakland [Address]

Port of Redwood City [Address]

Port of Richmond [Address]

Port of San Diego [Address]

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Port of San Francisco [Address]

Port of Stockton [Address]

The parties are also referred to herein as “Member Ports.” This Agreement covers the geographic areas served by the Member Ports as established under the laws of California.

ARTICLE IV. SCOPE OF THE AGREEMENT

A. The parties hereto, through such persons as they may from time to time designate, are authorized to meet at such times and in such manner as they may determine in order to discuss and to exchange information, whether past, current or anticipated, including financial and other records, statistics, studies, data and documents of any kind or nature, whether prepared by the parties or obtained from outside sources, with respect to the marine terminal and port industry matters listed below, which may be joint or individual:

1. Types, capacity, and number of marine terminals, other in-water and shoreside facilities, and other directly related facilities that each party currently operates, proposes to develop and/or operate, as well as the terms, conditions and operational details of such facilities, including: i. pricing, and methods and best practices for pricing ii. return on investment iii. actual or potential sources of funding for such facilities iv. status of lease negotiations, and topics of concern or opportunity for lease negotiations; provided, however, that the details of any confidential negotiations not be disclosed;

2. Planning, development, and marketing of marine terminal, other shoreside facilities, and other facilities owned or managed by the parties that directly support the marine terminals and shoreside facilities;

3. Rates, charges, rules and conditions of service to be applied at each party’s facilities through tariffs, leases or other agreements with private marine terminal operators, individual ocean common carriers and collections of carriers (conferences, alliances, joint services, carrier networks and other agreements to which ocean common carriers are parties, all such entities being collectively “Carriers”), stevedores, and other private or public companies that serve or occupy the facilities; and the means and adequacy of the current systems by which such rates, rules and conditions of service are established by each party or in each port at which a party may own or operate facilities;

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4. Commercial opportunities regarding Carriers, including vessel calls and rotations, operational efficiencies, cost reductions, the evolving shipping environment, large ship operations, supply-chain technology, stevedoring, gate, rail and yard operations, warehousing, safety and security, customer service, and new product lines;

5. Transportation-related matters, practices, and terms within the parties’ facilities or directly leading into or out of the parties’ facilities, including cargo handling, gate operations and turn times; truck, rail, public access; types of access; labor; and infrastructure.

6. Acquisition and utilization of marketing materials intended for Carriers, shippers, beneficial cargo owners, and ocean transportation intermediaries;

7. Acquisition, utilization and best practices relating to operating systems and equipment, including operational metrics relating to the repair and use of chassis and containers, cranes, wharves, and other facilities critical to the operation of the parties’ facilities;

8. Engagement on port administration, dredging, emerging technologies, environmental initiatives, and other technical issues of concern to California’s maritime industry as a whole and each party’s facility; and

9. Matters related to or ancillary to any of the foregoing.

B. Meetings, discussions, and exchanges of information authorized by this Agreement are voluntary.

C. Except where expressly indicated herein, nothing herein is intended to permit the parties to take collective action pursuant to this Agreement.

ARTICLE V. ADMINISTRATION AND DELEGATION OF AUTHORITY

This Agreement will be administered by the California Association of Port Authorities, or any successor entity, in close consultation with the Member Ports through their respective Chief Executive Officer/Executive Director or individuals delegated by the Chief Executive Officer/Executive Director. The activities may be carried out by face-to-face meetings, telephone or video conference, electronic mail or other electronic communication or such other means of communications as the Member Ports may deem appropriate.

The Chief Executive Officers/Executive Directors for each Member Port, or their delegates, are authorized to execute this Agreement and any subsequent amendments hereto on behalf of their respective Member Port, and to make or authorize the filing of this Agreement and any subsequent amendments with the Federal Maritime Commission, as well as the meeting minutes

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required pursuant to 46 C.F.R. § 535.704 (except where excepted by 46 C.F.R. § 535.408). The Member Ports will file minutes of discussions covered by this Agreement as and when required under 46 C.F.R. § 535.704.

ARTICLE VI. VOTING

All actions pursuant to this Agreement shall be by mutual agreement of the parties. Voting on any matters may be accomplished by voice vote at meetings, by telephone polls, or by electronic communications.

ARTICLE VII. COMMITTEES

A. The parties to this Agreement may establish committees to carry out administration of Association activities pursuant to the Agreement, including but not limited to an Executive Committee, which shall handle the customary executive duties of the Association. The President shall appoint other such committees as may from time to time be necessary, provided however there shall be a standing Tariffs & Practices Committee, which shall be authorized to review, discuss and vote on changes proposed by any Member Port with respect to its tariff rates, charges, classifications, rules, regulations, or practices. For every committee, the scope of any mandate or discussion of any committee with respect to topics subject to the jurisdiction of the Federal Maritime Commission shall be within the scope of this Agreement, as set forth in Article IV.

B. The Tariffs & Practices Committee shall meet on a regular basis, with a quorum consisting of not less than a simple majority of the entire membership of the Committee. For voting matters before the Tariffs & Practices Committee, including but not limited to voting on Docket Proposals and Emergency Docket Proposals, each Member Port shall be limited to one vote, and each party may designate another Member Port to serve as its proxy.

C. A Member Port desiring to put forward for a vote before the Tariffs & Practices Committee any change to its tariff rates, charges, classifications, rules, regulations or practices shall prepare a Docket Proposal on which shall be designated (1) the number assigned to the Docket Proposal; (2) the date of the Docket Proposal; (3) the title of the Docket Proposal; (4) the Committee meeting at which the Docket Proposal is to be considered; and (5) the details of the proposal. The Tariffs and Practices Committee shall in the normal course vote on Docket Proposals during regularly scheduled Committee meetings. The proposing Member Port shall ensure the Docket Proposal is circulated in advance of the specified Committee meeting so as to provide other Member Ports with a reasonable opportunity to review. Only Members Ports at the Committee meeting, by presence or proxy, may vote on the Docket Proposal, except that any Member Port may provide a written vote to the Committee Chairperson in advance of the specified

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Committee meeting. Votes may be in the affirmative or in the negative. If there are no votes in the negative, then the Docket Proposal shall be considered approved.

D. Member Ports of the Tariffs & Practices Committee shall be authorized to make use of an emergency docket procedure, for the purpose of giving immediate consideration to matters which cannot be deferred to a regularly scheduled Committee meeting. Any member desiring to put forward for an emergency vote by the Committee any change to its tariff rates, charges, classifications, rules, regulations or practices shall prepare an Emergency Docket Proposal on which shall be designated (1) the number assigned to the Emergency Docket Proposal; (2) the date of the Emergency Docket Proposal; (3) the title of the Emergency Docket Proposal; and (4) the details of the proposal. The proposing Member Port shall ensure the Emergency Docket Proposal is circulated to other Member ports. Each other Member Port shall, within 96 hours after receipt of the Emergency Docket Proposal, excluding Saturday, Sundays and legal holidays, vote on the Emergency Docket Proposal. Votes may be in the affirmative or in the negative. Votes must be received from not less than a simple majority of the entire membership of the Committee. If enough votes are not received, then the Emergency Docket Proposal is not approved. For an Emergency Docket Proposal to be approved, the Minimum Votes must be received and approval must be unanimous from those Member Ports that vote (either individually or by proxy).

E. In the event that any change to a Member Port’s tariff rates, charges, classifications, rules, or regulations and/or practices put forth by Docket Proposal or Emergency Docket Proposal does not receive the requisite votes for approval by the Tariffs & Practices Committee, the Member Port may take action independently, after giving not less than ten days’ prior written notice to the President and each member of the Association, within such ten day period any material action by the proposing Member Port to change its tariff rates, charges, classification, rules or regulations shall be held in abeyance.

ARTICLE VIII. CONFIDENTIALITY

The parties to this Agreement agree and understand that information exchanged under this Agreement may contain non-public, confidential business information and trade secrets. The parties recognize that such confidentiality may be limited by legal requirements applicable to one or more Member Ports under federal, state or local laws applicable to public agencies, or under the Shipping Act. This may include the California Public Records Act (California Government Code 6250 et seq.).

ARTICLE IX. EFFECTIVE DATE, DURATION AND TERMINATION

This Agreement shall become effective upon the expiration of the review period of the Federal Maritime Commission, Washington, D.C., pursuant to Section 6 of the Shipping Act of 1984, as amended (46 U.S.C. § 40304). The Agreement shall remain in effect indefinitely.

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A party may withdraw from the Agreement at any time upon thirty (30) days prior written notice to all other parties to the agreement, at the addresses set forth herein. In the event a party withdraws, the withdrawing party shall return or certify the destruction of any confidential information exchanged under the Agreement. At the end of this thirty (30) day period, the remaining parties shall file the necessary documents with the Federal Maritime Commission to provide notice of that party’s withdrawal from the Agreement.

This Agreement may be terminated at any time upon mutual agreement of the parties, or if all but one party withdraws from the Agreement.

ARTICLE X. AMENDMENTS

This Agreement may be amended by the parties to the Agreement at any regular or special meeting of the Association. Unanimous vote of all the parties hereto shall be required for adoption of any amendment. Such amendments shall be in writing and signed by the parties, and, to the extent required under the Shipping Act, shall be filed and shall become effective as provided in Section 6 of the Shipping Act of 1984, as amended (46 U.S.C. § 40304).

No amendments of this Agreement shall become effective prior to the expiration of the review period of the Federal Maritime Commission, Washington, D.C., pursuant to Section 6 of the Shipping Act of 1984, as amended (46 U.S.C. § 40304).

ARTICLE XI. NOTICES

Any notice permitted or required under this Agreement shall be in writing and served on each party at the address set forth herein, either by first class certified mail, return receipt requested or by overnight delivery service.

ARTICLE XII. EXECUTION AND COUNTERPARTS

This Agreement and any future amendment thereto may be executed in counterparts. Each counterpart shall be deemed an original, and all together shall constitute one and the same agreement.

Upon execution, this Agreement shall be retained by the California Association of Port Authorities or any successor entity, and a copy shall be submitted to the Federal Maritime Commission, Washington, D.C. in the manner so required.

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SIGNATURES

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, or agents thereunto duly authorized, on this ___ day of ______2021:

Signature Pages have been removed from Agenda Packet.

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TO: Honorable Board President and Harbor District Board Members

FROM: Larry Oetker, Executive Director

DATE: April 2, 2021

TITLE: Consideration of Resolution 2021-05, A Resolution to Authorize the Execution of a Grant Agreement and Accept Funds from the California Department of Fish and Wildlife for Secretariat Services for the Harbor Safety Committee of the Humboldt Bay Area for Fiscal Year 2021-2022

STAFF RECOMMENDATION: Staff recommends the Board: Adopt Resolution 2021-05. SUMMARY: The California Department of Fish and Wildlife (CDFW) Office of Spill Prevention and Response (OSPR) in compliance with the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 established five regional Harbor Safety Committees (HSC) throughout California as described in California Government Code 8670.23. Each HSC is responsible for planning for the safe navigation and operation of tankers, barges and other vessels within each of California’s major harbors and must produce an annual Harbor Safety Plan (HSP) encompassing all vessel traffic within the harbor. These functions are essential to the consistent achievement of maritime safety and the prevention of major marine oil pollution incidents. DISCUSSION: To ensure that HSCs have the necessary resources to execute their designated duties, the OSPR Administrator has made grant funds available in each region to provide an executive secretariat to act as the coordinator for facilitating all communications between HSCs, subcommittees, and the OSPR. The CDFW has approved the Humboldt Bay Harbor, Recreation and Conservation District to conduct the Secretariat Services for the HSC of the Humboldt Bay Area, and to receive payment for these services. Secretariat activities are performed continuously on an annual basis, and mainly consist of facilitating and hosting bi-monthly HSC meetings; Administrative support to the HSC; and editing, publication, and distribution of the annual Humboldt Bay HSP. The maximum reimbursement for the performance of all duties required by the agreement is $21,274 per fiscal year. No matching funds are required. ATTACHMENTS: A Resolution 2021-05

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HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT

RESOLUTION NO. 2021-05

A RESOLUTION TO AUTHORIZE THE EXECUTION OF A GRANT AGREEMENT AND ACCEPT FUNDS FROM THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR SECRETARIAT SERVICES FOR THE HARBOR SAFETY COMMITTEE OF THE HUMBOLDT BAY AREA FOR FISCAL YEAR 2021-2022

WHEREAS, the People of the State of California have enacted the Lempert-Keene- Seastrand Oil Spill Prevention and Response Act of 1990 covering all aspects of marine oil spill prevention and response in California. The provisions of the Act are implemented by the Administrator who heads the Office of Spill Prevention and Response; and

WHEREAS, California Government Code section 8670.23 directs the Administrator to establish a Harbor Safety Committee for the Humboldt Bay Area; and

WHEREAS, The Administrator has made grant funds available to provide an executive secretariat to ensure that Harbor Safety Committees have all resources necessary to execute their designated duties; and

WHEREAS, the Humboldt Bay Harbor, Recreation and Conservation District is the Port Authority for Humboldt Bay and is a member of the Harbor Safety Committee of the Humboldt Bay Area; and

WHEREAS, the Humboldt Bay Harbor, Recreation and Conservation District, as a qualified local government agency, validly existing and in good standing under the laws of California, applied to the California Department of Fish and Wildlife to conduct Secretariat Services for the Harbor Safety Committee of the Humboldt Bay Area; and

WHEREAS, the California Department of Fish and Wildlife has approved the Humboldt Bay Harbor, Recreation and Conservation District to conduct the Secretariat Services for the Harbor Safety Committee of the Humboldt Bay Area and to receive payment for said services; and

WHEREAS, the California Department of Fish and Wildlife requires a Resolution from the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District approving and authorizing the financial assistance of the Secretariat Grant Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District hereby:

1. Accepts the award of a Harbor Safety Committee Secretariat Services Grant in the amount of $21,274.00 from the California Department of Fish and Wildlife Office of Spill Prevention and Response; and

ResolutionPage 101 of 2010321-05 2. Certifies that the Humboldt Bay Harbor, Recreation and Conservation District has reviewed, understands, and agrees to the provisions contained in the grant agreement; and 3. Delegates the authority to the Executive Director, or his/her designee, to execute the grant agreement and any subsequent amendments with the State of California for the purposes of this grant, and to execute all other documents needed in connection with the Secretariat Services Grant Program.

PASSED AND ADOPTED by the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District at a duly called meeting held on the 8th day of April 2021, by the following polled vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STEPHEN KULLMANN, President Board of Commissioners ATTEST:

PATRICK HIGGINS, Secretary Board of Commissioners

ResolutionPage 102 of 2010321-05 CERTIFICATE OF SECRETARY

as regularly adopted at a legally convened meeting of the Board of Commissioners of the HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT, duly held on the 8th day of April 2021; and further, that such Resolution has been fully recorded in the Journal of Proceedings in my office and is in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of April 2021.

PATRICK HIGGINS, Secretary Board of Commissioners

Resolution 2021-05

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