Attachments:
1. Resolution
127
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ____ –2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE
AUTHORIZING A NEW CHECKING ACCOUNT AND THE AUTHORIZED
SIGNERS FOR THE CITY OF CLOVERDALE GENERAL CHECKING ACCOUNT
HELD AT THE EXCHANGE BANK
WHEREAS, the City of Cloverdale maintains a checking account at the Exchange Bank, Cloverdale Branch, for the purpose of transactions for the City’s receipts and disbursements; and WHEREAS, Section 3.04.020 of the Cloverdale Municipal Code states that the City Manager, Assistant City Manager, Mayor and Vice Mayor are authorized to sign checks on behalf of the City; and WHEREAS, fraudulent activity was identified with the current Operating Checking Account at Exchange Bank; and
WHEREAS, Exchange Bank Cloverdale Branch Manager has recommended that the City open a new checking account to avoid further fraudulent activity; and WHEREAS, in accordance with the procedures of Exchange Bank, a resolution is required to authorize a new account and the authorized signatures for the City’s General Checking Account; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby authorizes the following signatures for the City of Cloverdale general checking account at Exchange Bank:
Todd Lands Augustine A. Wolter
David J. Kelley Kevin Thompson
The foregoing Resolution No. ____-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 12th day of January 2022 by the following roll call vote:
Ayes: (_) Counmber Brigham, Councilmember Cruz, Councilmember Turner, Vice Mayor Wolter Noes: (_) None
Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
128
City Council/Successor Agency
Agenda Item Summary Agenda Item: D.6
Meeting Date: January 12, 2022
Agenda Section:
Consent
Staff Contact:
David Kelley, City Manager
Agenda Item Title:
Consideration of a Resolution authorizing the City Manager to execute a Temporary Construction Easement with the PG&E, for use of the city owned Thyme Square parcel for the purposes of staging constructing equipment.
_______________________________________________________________________________________ Recommended Council Action(s): Adopt a resolution entitled, “A Resolution of the City Council of the City of Cloverdale authorizing the City Manager to execute a Temporary Construction Easement with the PG&E for use of the city owned Thyme Square (APN 001-440-051 AND 001-440-053).” ________________________________________________________________________________________ Background:
PG&E is planning on replacing a gas transmission pipeline in various locations throughout Town. To complete the project, PG&E needs to secure a temporary easement to stage equipment during construction.
________________________________________________________________________________________ Summary:
PG&E has requested the use southern portion of the Thyme Square property (Parcel 1) owned by the city of Cloverdale. The use will include laydown and staging purposes, vehicle parking, placement of construction trailers, and storage of materials and equipment. The scope also includes temporary fencing. The duration of term is a two-month period commencing June 6, 2022, and will terminate on August 5, 2022. The city will be compensated $5,700 per month, for a total of $11,400.
Environmental Review:
The recommended action is not a project as defined by the CEQA guidelines. As defined a Project does not include “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.”
_______________________________________________________________________________________ Options:
1. Deny Request for a Temporary Construction Easement
2. Provide Alternative Direction to City staff
________________________________________________________________________________________ Subcommittee Recommendation: N/A
________________________________________________________________________________________ Budget/Financial Impact: PG&E will compensate the City Five Thousand Seven Hundred and NO/100 Dollars ($5,700.00) per month.
________________________________________________________________________________________ Attachments:
1. Resolution
2. PG&E Letter requesting use of the site
3. Temporary Construction Easement
129
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ___–2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE, AUTHORIZING THE CITY MANAGER
TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT TEMPORARY USE OF A PORTION OF THE THYME SQUARE PARCEL (APN 001-440-051 AND 001-440-053)
WHEREAS, PG&E is proposing to replace sections of Gas Transmission Pipeline in Cloverdale; and WHEREAS, PG&E has determined that the City of Cloverdale’s Thyme Square lot located along South Cloverdale Blvd is needed for staging equipment and construction trailers; and WHEREAS, PG&E has requested that the City grant a Temporary Construction Easement for the use of the Thyme Square parcel.
WHEREAS, PG&E shall pay the City $11,400 and possession of the property as described in Temporary Construction Easement; and
WHEREAS, the Temporary Construction Easement attached hereto as Exhibit A shall last for a duration of two months commencing June 6, 2022, and terminating on August 5, 2022, with the ability to extend the term on a month-to- month basis for up to two (2) additional months; and WHEREAS, the recommended action is not a project as defined by CEQA.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cloverdale authorizes City Manager to execute a Temporary Construction Easement in form approved by the City Attorney, for use of a proportion of the Thyme Square Parcel for construction staging IT IS HEREBY CERTIFIED that the foregoing Resolution No. XX-2022 was duly introduced and legally adopted by the City Council of the City of Cloverdale at its regular Meeting held on this 12th day of January 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Approved: Attested:
__________________________________ _________________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
Exhibit A – Temporary Construction Easement
130
Enclosure: Temporary Construction Easement; IRS W-9 form (Rev 05/15)
Jeff Kohn
Senior Right of Way Agent
Pacific Gas and Electric Company
1850 Gateway Blvd. # 7043D
Concord, CA 94520
Office: (925) 459-8012
Cellular: (415) 407-8502
Fax: (925) 459-6928
Email: [email protected]
LETTER AGREEMENT
November 5, 2021
David Kelley
City Manager
City of Cloverdale
124 North Cloverdale Boulevard
Cloverdale, CA 95425
Re: Temporary Construction Easement
APN: 001-440-051 and 001-440-053, Northwest Corner South Cloverdale Boulevard and Healdsburg Avenue, Cloverdale, CA
Dear Mr. Kelley:
At Pacific Gas and Electric Company (PG&E), we’re committed to improving our gas transmission system to better serve our communities. As part of that commitment, we are moving forward with our T-1471 Gas Transmission Pipeline Hydrotest project. In order to facilitate this, PG&E proposes to acquire a temporary construction easement (TCE) through your property. Here are the key terms:
1. Premises: +/- 38,009 square feet in Sonoma County with APN 001-440-051 and 001-440-053
2. Type of Agreement: Temporary Construction Easement
3. Price: $11,400
4. Use: Laydown/Staging
A copy of the temporary construction easement is attached for your consideration and signature. An IRS W-9 form is also attached and must be completed and signed in order to process payment. Please return the signed W9 form and the temporary construction easement to the address noted above.
Please contact me with any questions.
Best regards,
Jeff Kohn
Senior Right of Way Agent
Please sign and date to indicate your agreement with the above referenced terms:
Signature: ________________________ Date:_______________ Title: ________________________
131
Temporary Construction Easement (Rev. 03/19)
TEMPORARY CONSTRUCTION EASEMENT
CITY OF CLOVERDALE
(“Property Owner”), hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (“PG&E”), a temporary construction easement (“TCE”), to be used in connection with PG&E’s T-1471 Gas Transmission Pipeline Hydrotest project (“PG&E’s Project”), within Property Owner’s lands which are situated in the City of Cloverdale, County of Sonoma, State of California, identified as the northwest corner of South Cloverdale Boulevard and Healdsburg Avenue, County Assessor’s Parcel Number 001-440-051 and 001-440-053 (the “Property”).
The activities allowed under this TCE are described as follows:
(a) To gravel and use for laydown and staging purposes, including the right to park vehicles, locate construction trailers, and store materials and equipment.
The activities described above shall be within the area(s) delineated on the map attached and collectively referred to as (“Temporary Easement Area”).
1. Term. The term of this TCE shall be for a period of two months commencing on June 6, 2022 and shall terminate on August 5, 2022 (the “Term”). PG&E shall have the right, subject to the terms herein, to extend the Term on a month-to-month basis for up to two (2) month(s) by giving the Property Owner written notice of its intention prior to the expiration of the Term. This TCE shall be irrevocable during the Term, except in the case of material breach of the terms and conditions of this TCE.
2. Compensation. PG&E shall pay Property Owner Five Thousand Seven Hundred and NO/100 Dollars ($5,700.00) per month for a total amount of Eleven Thousand Four Hundred and NO/100 Dollars ($11,400.00) as compensation for this TCE and shall deliver the total payment after receiving a completed IRS W-9 Form and an executed copy of this TCE. If PG&E extends the Term of this TCE, PG&E shall pay Property Owner Five Thousand Seven Hundred and NO/100 Dollars ($5,700.00) per month for the duration of the extended Term.
3. Exclusive Use; Access; Fencing. During the Term of this TCE, PG&E shall have the exclusive right to use the Temporary Easement Area and the right of ingress to and egress from the Temporary Easement Area over and across the property. PG&E shall have the further right to erect and maintain temporary fencing and gates with a locking device to enclose the Temporary Easement Area, and shall remove such fencing and gates at the end of the Term.
4. Indemnification. PG&E agrees to indemnify Property Owner against any loss and damage which shall be caused by any wrongful or negligent act or omission of PG&E or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Property Owner’s comparative negligence or willful misconduct.
5. Compliance with Laws. Interpretation and enforcement of this TCE shall be governed by the laws of the State of California. In exercising the rights granted under this TCE, PG&E shall comply with all laws, ordinances, and regulations pertaining to its use. PG&E is required under State and local 132
Temporary Construction Easement (Rev. 03/19)
law to re-stabilize any disturbed project location within the Temporary Easement Area in order to control soil erosion and sediment runoff, in accordance with applicable project permits. PG&E shall have the right to access the Temporary Easement Area as reasonably necessary to allow it to meet any applicable project permit obligations after the Term.
6. Restoration. Upon completion of PG&E’s Project, PG&E shall repair any damage and restore the Temporary Easement Area to as near as practicable to the condition that existed prior to PG&E use under this TCE. PG&E shall remove all personal property.
7. Representation. Property Owner represents and warrants the Temporary Easement Area is vacant and free from any encumbrances that would interfere with PG&E’s full enjoyment of this TCE.
8. Entire Agreement. This TCE supersedes all previous oral and written agreements between and representation by or on behalf of the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This TCE may not be amended except by a written agreement.
9. Authority of Signatory. Each party to this TCE warrants to the other that it has the right and authority to enter into and consummate this TCE and all related documents.
10. Successors, Heirs, and Assigns. This provisions of this TCE shall inure to the benefit of and bind the successors and assigns of the respective parties.
11. Electronic Signatures. This TCE may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this TCE and shall have the same force and effect as a manually executed original.
133
Temporary Construction Easement (Rev. 03/19)
12. Execution in Counterparts. This TCE may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.
PROPERTY OWNER:
By:
Name: ________________________
Its: ________________________
Date: ________________________
134
Temporary Construction Easement (Rev. 03/19)
APNs 001-440-051 and 001-440-053
+/- 38,009 Square Feet
Temporary
Easement Area
135
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
F1
January 12, 2022
Agenda Section:
Public Hearing
Staff Contact:
Kevin Thompson, Assistant City Manager / Comm. Dev. Director Agenda Item Title:
Introduction and first reading of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to streamline the approval of housing development affordable to owner and renter households at all income levels and promote development consistent with the State Planning Priorities. _______________________________________________________________________________________ Recommended Council Action(s):
Introduction and First Reading by title only and waiving reading of the text, of an Ordinance titled:
“An Ordinance of the City of Cloverdale Amending Cloverdale Municipal Code (CMC) Chapters 18.05 (Commercial Zoning Districts), Chapter 18.09 (Special Provisions and Development Standards), Chapter
18.10 (Design Standards) and Chapter 18.11 (Parking and Loading Requirements).” ________________________________________________________________________________________ Background:
In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. HCD was authorized to provide up to $123 million under the SB 2 Planning Grants Program (PGP) from the Building Homes and Jobs Trust Fund for assistance to counties and cities related to the PGP.
A portion of this revenue is being used to provide funding and technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Cloverdale qualified as a small city for this program, and as a result the City was awarded a maximum grant amount of $160,000.
SB 2 grant funding is intended to help cities and counties:
• Accelerate housing production
• Streamline the approval of housing development affordable to owner and renter households at all income levels
• Facilitate housing affordability, particularly for lower- and moderate-income households • Promote development consistent with the State Planning Priorities (Government Code Section 65041.1)
• Ensure geographic equity in the distribution and expenditure of the funds Activities funded by the grant must have started by June 30, 2020 and funds must be expended by June 30, 2022. The PGP allows for a range of activities that can be implemented and will accelerate housing production and streamline housing approvals. In order to take advantage of and utilize the City’s SB 2 planning grant funding to support additional housing opportunities in the City’s walkable downtown, attract jobs and economic activity and enhance neighborhood services the proposed Zoning Ordinance Amendments are necessary.
136
City Council Agenda Item Summary
January 12, 2022
Item F1
______________________________________________________________________________________ Summary:
The attached proposes various amendments to the Downtown Commercial (DTC), Office/Multi-Family (O-R) and Transit Oriented Development (TOD) zones that would allow first floor residential uses on Cloverdale Boulevard if above or behind first floor commercial and on other streets in the DTC zone at ground floor and above. Other proposed amendments include the following:
• Reduced parking requirements are proposed for restaurant, office and retail uses in the DTC and TOD zones.
• Allow restaurant uses in the TOD upon approval of a Plot Plan Review as oppose to a Conditional Use Permit.
• Reduced landscaping requirements for off-street parking in the DTC and TOD zones due to the drought in an effort to be more water conscious, as well as the small size and internal nature of parking lots in these districts.
• Increase maximum allowable density in DTC and TOD districts. • Allow for pedestrian oriented retail and general retail uses in the TOD. • Expanded opportunities for personal/household services uses in the TOD.
In addition to the above listed changes to the Zoning Ordinance, there would need to be some additional corresponding amendments to some tables in the Zoning Ordinance, as part of a comprehensive Zoning Ordinance Amendment necessary to implement the Downtown zoning Districts Update. ________________________________________________________________________________________ Alternative Options:
1. Provide alternative direction to City Staff regarding the proposed Municipal Code Amendments. ________________________________________________________________________________________ Subcommittee Recommendation:
N/A
________________________________________________________________________________________ Budget/Financial Impact:
None
________________________________________________________________________________________ Attachments:
1. Proposed Ordinance with Exhibits
137
CITY OF CLOVERDALE
ORDINANCE NO. XYZ-2022
AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING CLOVERDALE MUNICIPAL CODE CHAPTERS
18.05 (COMMERCIAL ZONING DISTRICTS), CHAPTER 18.09 (SPECIAL PROVISIONS AND DEVELOPMENT STANDARDS), CHAPTER 18.10 (DESIGN STANDARDS) AND CHAPTER 18.11 (PARKING AND LOADING
REGUIREMENTS)
THE CITY COUNCIL OF THE CITY OF CLOVERDALE HEREBY ORDAINS AS FOLLOWS:
SECTION 1. RECITALS
A. In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs, which included the Building Homes and Jobs Act (SB 2, 2017) to increase the supply of affordable homes in California. To help the City prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production, Cloverdale was awarded a maximum grant amount of $160,000.
B. Amendments to Cloverdale Municipal Code Title 18 (Zoning) are necessary in order to take advantage of and utilize the City’s SB 2 planning grant funding to support additional local housing opportunities in the City’s walkable downtown, attract jobs and economic activity and enhance neighborhood services.
C. On December 7, 2021, the Planning Commission held a properly noticed public hearing regarding this Zoning Ordinance Amendment, considered all comments received in writing and all testimony received at the public hearing and adopted PC Resolution No. 010-2021 recommending approval of the Ordinance amending the Municipal Code in order to streamline housing approvals and accelerate housing production in the downtown area by utilizing SB2 Planning Grant funding that has been awarded to the City.
D. In order to properly utilize the City’s SB 2 planning grant funding to support additional local housing opportunities in the City’s walkable downtown, attract jobs and economic activity the Planning Commission by adoption of Resolution 010-2021 has recommended revisions to the City’s Municipal Code Chapters 18.05 (Commercial Zoning Districts), Chapter 18.09 (Special Provisions and Development Standards), Chapter 18.10 (Design Standards) and Chapter 18.11 (Parking and Loading Requirements), and revising related provisions of the Cloverdale Municipal Code, to ensure internal consistency would be maintained.
E. The California Environmental Quality Act (“CEQA”), together with the State Guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. These amendments to the Municipal Code are exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(General Rule) and 15301 (Existing Facilities) because it does not propose or require any new construction or development.
It streamlines the approval of housing development affordable to owner and renter households at all income levels and promotes development consistent with the State Planning Priorities.
F. The City Council makes the following findings listed in Section 18.030.080 (E) related to a Zoning Ordinance Amendment to amend Cloverdale Municipal Code Chapters 18.05 (Commercial Zoning 138
2 Districts), Chapter 18.09 (Special Provisions and Development Standards), Chapter 18.10 (Design Standards) and Chapter 18.11 (Parking and Loading Requirements):
1. The proposed amendment is consistent with the adopted General Plan.
The amendments will further reduce regulatory constraints in the Downtown Commercial (DTC), Transit Oriented Development (TOD) and Office/Multi-Family Residential) (O-R) zones.
The amendments are consistent with General Plan Goal LU 7, Policy LU 2-1 and Policy LU 2-2 because they encourage construction of housing units while also helping to attract jobs, boost economic activity and enhance neighborhood services in the downtown area. The amendments also streamline the approval of housing development affordable to owner and renter households at all income levels, facilitating housing affordability particularly for lowerand moderate-income households. Finally, as the amendments promote development consistent with the State Planning Priorities (Government Code Section 65041.1), the amendments are determined to be consistent with the goals, policies and implementation measures of the General Plan.
2. The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.
The amendments include revisions to various sections of the Zoning Ordinance and Municipal Code, including Chapters 18.05 (Commercial Zoning Districts), Chapter 18.09 (Special Provisions and Development Standards), Chapter 18.10 (Design Standards) and Chapter
18.11 (Parking and Loading Requirements). These amendments are internally consistent with all applicable provisions of the Zoning Ordinance as it has been revised to reduce parking requirements for restaurant, office and retail uses in the DTC and TOD zones and allowing restaurant uses in the TOD upon approval of a Plot Plan Review. These amendments increase maximum allowable density in DTC and TOD districts while allowing for pedestrian oriented retail and general retail uses in the TOD as well as expanded opportunities for personal/household services uses in the TOD.
3. The proposed amendment will not be detrimental to the public health, safety, or welfare or to the use of land in any adjacent zone.
The Building Permit review process ensuresthat the Planning Department has an opportunity to review development plans prior to permit issuance. The Building Permit process also helps to ensure that the construction of residential, commercial and industrial structures within the City is not detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity as construction is required to be in compliance with the latest adopted CA Building and Fire codes.
4. The site is suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested Zoning District and anticipated land uses / developments.
The Zoning Ordinance and Municipal Code amendments encourage construction of housing units in the downtown while also helping to attract jobs, boost economic activity and enhance neighborhood services in the downtown area. Although some development regulations will 139
3 be removed, the maximum Floor Area Ratio (F.A.R.) of the underlying Zoning District will still have to be maintained.
G. On ______, the City Council held a properly noticed public hearing regarding this Zoning Ordinance and Municipal Code Amendment and considered all comments received in writing and all testimony received at the public hearing.
SECTION 2. PURPOSE AND INTENT
The purpose and intent of these changes is to amend the Municipal Code and Zoning Ordinance to take advantage of and utilize the City’s SB 2 planning grant funding to support additional local housing opportunities in the City’s walkable downtown, attract jobs and economic activity and enhance neighborhood services consistent with the State Planning Priorities (Government Code Section 65041.1).
SECTION 3. FINDINGS
The above recitals are hereby declared to be true and correct and hereby incorporated herein as the required Findings of the City Council of the City of Cloverdale.
SECTION 4. AMENDMENTS TO TITLE 18 OF THE CLOVERDALE MUNICIPAL CODE Title 18 is amended as set forth below and detailed in Exhibit “A”.
Section 18.05.020.B (Intent of Downtown Commercial ((DTC)) Zoning District) Table 18.05.030-A (Uses Permitted Within Commercial Zoning Districts) Table 18.05.040-A (Commercial Site Development Standards) Section 18.05.050.B (PUD Permit Provisions in Commercial Zoning Districts: DTC Zoning District) Section 18.10.060.A.2 (Commercial Design Standards: DTC Zoning District Design Standards) Section 18.10.060.D (Commercial Design Standards: O-R Zoning District Design Standards) Table 18.11.050-A (Off-Street Vehicle Parking Requirements by Land Use) Section 18.11.080.A (Downtown Parking Area)
Section 18.11.130.B.4 (Outdoor Seating: Minimum Development Requirements – Enclosure) SECTION 6. SEVERABILITY
If any provision of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
SECTION 7. EFFECTIVE DATE
This Ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage and shall be published once before the expiration of fifteen (15) days after said passage, with the names of the Council Members voting for or against the same, in a newspaper of general circulation published in the County of Sonoma, State of California. 140
4 I hereby certify that the foregoing is a true and complete copy of an Ordinance duly and regularly adopted by the City at a regular meeting thereof held on ____ by the following vote:
PASSED, APPROVED AND ADOPTED this ___ day of _____ by the following vote: (Ayes- ; Noes- ; Absent- ) AYES:
NOES:
ABSENT:
ABSTAIN:
Approved Attested
________________________ _____________________________
Todd Lands, Mayor Jill Garibaldi, City Clerk
Exhibits:
A. Summary Table of Amendments to Title 18
B. Amendments to Title 18
X:\Agenda Development\COUNCIL\2022 REPORTS\1-12-2022\Downtown Zoning Update\Att3 Ordinance - Downtown Zoning Districts Update.docx
141
City of Cloverdale Downtown Zoning Districts Update
Draft Zoning Ordinance Amendment
Summary Table of Proposed Changes
November 2021
Page #s Section Proposed Change
59 18.05.020.B
Intent of Downtown Commercial (DTC) Zoning District Changes to text 61-63 Table 18.05.030-A
Uses Permitted Within Commercial Zoning Districts
Changes to various allowed
uses and footnote
64 Table 18.05.040-A
Commercial Site Development Standards
Changes to density for DTC
and TOD parcels
66 18.05.050.B
PUD Permit Provisions in Commercial Zoning Districts:
Downtown Core (DTC) Zoning District
Changes to text
124
18.11.130.B.4
Outdoor Seating: Minimum Development Requirements –
Enclosure
Changes to text
143
18.10.060.A.2
Commercial Design Standards: Downtown Commercial
(DTC) Zoning District Design Standards
Changes to text and new
diagram for step-backs
147
18.10.060.D
Commercial Design Standards: Office/Multi-Family (O-R)
Zoning District Design Standards
New text addressing splitzoned and joined parcels
154-155 Table 18.11.050-A
Off-Street Vehicle Parking Requirements by Land Use
Changes in parking
requirements
157-158 18.11.080.A
Downtown Parking Area
New exemption on
landscaping requirements
142
City of Cloverdale Zoning Code
Chapter 18.05
COMMERCIAL ZONING DISTRICTS
Section 18.05.010 Purpose and Intent .....................................................................................59 Section 18.05.020 Commercial Zoning Districts ....................................................................59 Section 18.05.030 Commercial Zoning District Use Regulations ........................................60 Section 18.05.040 Commercial Site Development Standards ..............................................63 Section 18.05.050 PUD Permit Provisions in Commercial Zoning Districts......................65 143
City of Cloverdale Zoning Code
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144
City of Cloverdale Zoning Code
Chapter 18.05
COMMERCIAL ZONING DISTRICTS
Section 18.05.010 Purpose and Intent
The Cloverdale General Plan and Station Area/Downtown Precise Plan ("Station Area Plan") outline goals, objectives and policies regarding the character of commercial and residential uses and development for the Cloverdale Depot, the Cloverdale Downtown and opportunity development sites at Citrus Fair Drive and Cloverdale Boulevard. It is the purpose of this chapter to implement these goals, objectives and policies and to complement the City's other Commercial Zoning Districts. The destination commercial area subject to the Alexander Valley Specific Plan is described in Chapter 18.09. The remaining Commercial Zoning Districts have two centers – downtown and the Furber Plaza area. For the past 20 years, the City has concentrated on removing strip commercial development that lined Cloverdale Boulevard when it was a state highway, and has focused on strengthening two concentrated commercial areas -- the downtown and the Furber Plaza shopping center area although a small amount of strip commercial remains along Cloverdale Boulevard. The purpose of the Commercial Zoning Districts is to continue the focus on the two core commercial areas and integrate the City and the expected passenger rail service to the Cloverdale Depot while also providing higher density transit-oriented and some mixed residential uses
Section 18.05.020 Commercial Zoning Districts
A. Intent of Office/Multi-Family Residential (O-R) Zoning District The purpose of the Office/Multi-Family Residential (O-R) Zoning District is to provide for a mix of downtown supportive compatible office, artisan and residential uses, while conserving the historic land use and development patterns of the neighborhood. The historic patterns are based on older, smaller single family residential buildings with typical single family front yards and parking, with a distinct neighborhood fabric of houses in close walking proximity to the downtown. While the O-R Zoning District allows office uses, the intent is to maintain and conserve a residential neighborhood appearance. Appropriate uses include compatible offices, art or yoga studios, lodging and residential uses that provide customers for the pedestrianoriented activities in the DTC Zoning District. No retail use is permitted.
B. Intent of Downtown Commercial (DTC) Zoning District
The purpose of the Downtown Commercial (DTC) Zoning District is to provide for downtown commercial, cultural and office-related uses which recognize and are compatible with the historical, small town nature of the downtown area. Residential uses are allowed if sited on the second story or behind a commercial building on Cloverdale Boulevard if above the first story or behind a commercial building, or on other streets in the DTC Zoning District at ground floor and above. The Zoning District is established in order to reinforce the image of the downtown as the "heart" of Cloverdale and as a public gathering place; provide for a broad range of pedestrianoriented commercial, office,institutional, cultural, and public uses; and to maximize the efficiency of the City's downtown district by limiting or prohibiting uses that break the continuity of commercial frontage or are incompatible with an attractive pedestrian shopping area; and to promote special architecture and streetscape design that strives to achieve the adopted downtown design elements.
145
City of Cloverdale Zoning Code
C. Intent of the Transit Oriented Development (TOD) Zoning District The main purpose of the TOD Zoning District is to provide high-density residential development to provide riders for the SMART passenger rail station and employees and customers to support the downtown pedestrian-oriented retail core. A secondary purpose of the Zoning District is to allow public or office uses with high employment densities, to provide an employment destination for passenger rail and a source of customers to support the downtown pedestrian retail. Associated uses that provide non-retail services to residents are also allowed.
All building designs, except public or hospital use, should have a residential design and should face the street, even if the primary use is non-residential, as further described in the TOD Design Standards set forth in this Chapter.
D. Intent of General Commercial (G-C) Zoning District
The primary purpose of the General Commercial (G-C) Zoning District is to create, preserve and enhance areas for small scale retail establishments which are conveniently located to provide forfrequently recurring needs of outlying residents, which uses are clearly subservient to the downtown and which are appropriate at intersections of major thoroughfaresthat surround residential neighborhoods. The Zoning District is also used for the Furber Plaza Shopping Center, which provides retail and commercial services for the area south of downtown. The provisions of the G-C Zoning District specifically favor retail uses, and officeor other non-retail use should not disrupt a pedestrian shopping experience except as smaller storefronts in a row of retail shops or in areas on a site separate from the retail area.
E. Intent of Service Commercial (S-C) Zoning District
The primary purpose of the Service Commercial (S-C) Zoning District is to allow more intensive retail, service and heavy commercial uses including warehousing and wholesale commercial uses. Residential uses are not allowed. While the light industrial and heavy commercial uses would normally be expected in industrial areas, the S-C Zoning District allows for certain of those uses to be established at in-town locations where they can serve resident needs if the external impacts of those uses do not disturb adjoining residential and commercial neighborhoods.
Section 18.05.030 Commercial Zoning District Use Regulations Subject to applicable General Plan policies and all applicable City ordinances, resolutions and/or regulations, the following table identifies whether a use is a permitted use or requires a City permit. The legend identifies the type of permit required. Uses not permitted in the table are prohibited. Where relevant, a reference to the applicable Section ofthis Title or the Municipal Code has been provided.
Many uses in this table have a corresponding definition in Chapter 18.14. 146
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Legend
P Permitted
TABLE 18.05.030-A
Uses Permitted Within Commercial Zoning Districts
PP Permitted Subject to Plot Plan Review
C Permitted Subject to issuance of a Conditional Use Permit PUD Permitted Subject to issuance of a PUD Permit
NP Not Permitted
NL No Limitation (does not apply in the Zoning District) Land Uses Commercial Zoning Districts
Office & Related Uses DTC TOD O-R G-C SC Reference
Administrative/General Offices
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C PP
NP
P
P
NL
P
PP
NL
P
C
NL
C
C
NL
Commercial Uses DTC TOD O-R G-C SC Reference
Pedestrian-Oriented Retail1
• Less than 2,500 square feet
• 2,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
PP
NP P
NP PP
NP
NP C
NP
NP
PP
C
NL
C
C
NL
General Retail1
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
NP P
NP PP
NP
NP
NP
NP
P
PP
NL
P
PP
NL
Personal/Household Services
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
NP PP
NP
P
PP
NP
P
C
NL
C
C
NL
Smoke Shops/Smoking Lounges
• Less than 1,500 square feet
• 1,500 square feet or larger
• More than 50 feet of first floor frontage
C
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
NL
C
NP
NL
18.09.230
Artist and Photographic Studios and Galleries
• (Including the accessory sale of artwork) P PP PP P NP Catering Establishments (not in conjunction
with a restaurant) NP NP PP PP P
Dry Cleaning (with on-site cleaning
equipment); Self-Service Laundry
NP PP NP PP PP
Feed and Tack Stores NP NP NP C PP
Convenience Kiosks NP PP NP C NP
Liquor Stores C C NP C C
Outside Sales or Display Areas (for uses
allowed in the underlying Zoning District)
• Less than 100 square feet
• 101 square feet or more
PP
NP
NP
NP
NP
NP
PP
C
PP
C
Commented [MN1]: These changes to the allowed
Commercial Uses are not related to the stated purpose
of increasing the potential for housing. Please let us
know if you get any comments on the CEQA analysis
because there are potential environmental changes
associated with allowing new commercial uses in areas
where those uses were not previously allowed.
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Restaurants DTC TOD O-R G-C SC Reference
With Entertainment
Without Entertainment
C P
P
NP PP
C PP
NP
NP C
C
P
C
P
Outdoor Seating P PP NP C PP PP 18.09.210
Drive-Through Facility NP NP NP C C 18.09.110
Bar/Cocktail Lounge C NP C NP C C
Wine/Beer Tasting/Sampling and Sales PP PP NP PP C
Hotels and Lodging DTC TOD O-R G-C SC Reference
Bed and Breakfast Inn PP C PP NP C 18.09.100
Vacation Rental C NP C C NP 18.09.260
Hotels and Motels
• Up to 12 rooms
• 13 rooms or more
PP
C
PP
C
C
NP
PP
C
PP
C
Recreational Vehicle Park NP NP NP NP C
Medical Services DTC TOD O-R G-C SC Reference
• Major
• Minor
• More than 25 feet of first floor frontage
NP
C
NP
C
C
C
NP
PP
-
C
C
-
NP
C
-
Veterinary/Animal Care Offices
• Without exterior kennels, pens, & runs
• With exterior kennels, pens, and runs
C
NP
NP
NP
P
NP
PP
NP
PP
C
Vehicle Sales and Repair DTC TOD O-R G-C SC Reference
Sales and/or repair of automobiles, light
trucks, boats, campers, and, motorcycles; car
washes, tire sales & service
NP NP NP NP C 18.09.270
Automobile Service Station NP NP NP C C 18.09.200
Industrial/Research & Development Uses DTC TOD O-R G-C SC Reference Manufacturing or Processing, Light NP NP NP NP C
Contractor Shops (with no outdoor storage of
materials or equipment) NP NP NP NP C
Recycling Facilities
• Reverse Vending Machines
• Small
NP
NP
NP
NP
NP
NP
PP
PP
PP
PP 18.09.170
Wholesale and Distribution; Warehouses NP NP NP NP C
Self-Storage Warehouse NP NP NP C PP 18.09.190
Public/Quasi Public Uses DTC TOD O-R G-C SC Reference
Public/Quasi Public Uses C C C C C
Theaters (including motion picture and live
performing arts) PP NP NP NP NP
Day Care Facilities NP C C C NP
Recreation Uses DTC TOD O-R G-C SC Reference
Athletic and Health Clubs; Indoor Commercial
Recreation Facilities
C C NP C C
Dance Schools; Yoga and Pilates Studios PP P PP P PP C C Commercial recreation facilities (outdoor) NP C NP C C
Commented [MN2]: See comment above regarding
commercial uses.
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Residential Uses3 DTC TOD O-R G-C SC Reference
Residential Care Facilities and Convalescent
Homes NP C PP C PP C C
Multi-Family Residential4,5,6
• Above a permitted commercial or office use
• First Floor
PP P
PUD PP
PP P
PP P
PP P
PP P
C
C
NP
NP 18.05.050
Single-Family House4,5 NP NP PP P NP NP
Single Room Occupancy (SRO)Living Unit NP PP C PP NP PP NP NP 18.09.220 Emergency Shelters NP PP NP PP NP
Accessory Uses DTC TOD O-R G-C SC Reference
Accessory Uses (located on the same site as a
permitted use) PP PP PP PP PP
Temporary Uses PP PP PP PP PP
Other uses similar to, and no more
objectionable than the uses identified above, as
determined by the Planning Commission
C C C C C
Outdoor Storage (on a vacant parcel) NP NP NP NP NP
NOTES TO TABLE:
1. Commercial projects which serve as a City-proposed catalyst project for downtown development may be approved with a Conditional Use Permit in the TOD Zoning District.
2. Uses with approved Conditional Use Permits that relocate within the same ZoningDistrict are subject to Plot Plan Review instead of another Conditional Use Permit.
3. Employee housing for farmworkers accommodating six or fewer workers shall be considered a residential use and shall not require any special approvals that are not required ofa family dwelling of the same type in the same Zoning District.
4. In all cases, Transitional Housing is and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type located in the same zone.
5. Development Single-family houses in Office/Residential that is 100% residential shall follow the R-2 zoning standards.
6. In the Downtown Commercial and General Commercial Zoning District the floor areafor residential use cannot exceed the floor area of commercial use on the site, except that for developments with two stories of residential above a commercial use the area of each residential story cannot exceed the floor area of first floor commercial use.
Section 18.05.040 Commercial Site Development Standards A. General Requirements
The table below sets forth minimum Site Development Standards for commercial development within Commercial Zoning Districts.
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Table 18.05.040-A
Commercial Site Development Standards
DTC TOD O-R G-C S-C
Density (maximum units per net acre) 5 30.0
20.0 30.0
20.0 8.0-20.0 20.0 -
Lot Area4 (square feet) - - 6,000 6,000 6,000
Lot Width - - 60' 60' 60'
Lot Depth - - 100' 100' 100'
Front Setback1,2,3
• Maximum
• Minimum
-
-
20'
-
15'
-
20'
-
Side Setback1,2,3
• Interior
• Street Side
-
-
5'
15'
-
10'
-
20'
Rear Setback1,2,3
• Abutting R-1 or R-2 zoning
-
-
15'
20’
10'
10’
10'
10’
Building Length (maximum) - - - -
Lot Coverage (maximum) 100% 100% 60% 60% 60%
Floor Area Ratio (maximum) 3.0 3.0 0.8 1.0 1.0
Building Height
• Maximum
• Minimum
40' or 3
stories
25’
40’ or 3
stories
2 stories
35' or 2
stories
-
35' or 2
stories
-
35' or 2
stories
-
First Floor Ceiling Height (minimum) 12’ - - - -
Distance Between Buildings (minimum) - - - -
Provision of Open Space
• Common Open Space per 1,000 sf
of building
• Common Open Space/Res. Unit
• Private Open Space/Res. Unit
-
-
-
100 sf
150 sf
60 sf
-
-
-
-
-
-
-
-
-
NOTES TO TABLE:
1. Larger setbacks may be required based on requirements in Chapter 18.09, surrounding development, or building code regulations.
2. A 50 foot buffer setback is required on each side of waterways shown on the General Plan Conservation Area Map.
3. When a residential development is proposed to be located adjacent to or across the street from a developed Industrially-zoned property, a minimum building setback of 50 feet measured from the property line shall be required from such Industrial Zoning District. The 15 feet of this setback located adjacent to the street or Industrial Zoning District boundary line shall be landscaped; the remainder of the setback area within the site may be used for off-street parking purposes. A three-foot high wall, berm or combination wall/berm shall be constructed within the landscaped area along street setbacks; along all other lot lines adjacent to Industrial Zoning Districts, walls shall be constructed in accordance with the provisions of Section 18.09.030.
4. The creation of new lots within Commercial Zoning Districts following the date of the adoption of this Title shall conform to the minimum dimensions stated in Table 18.05.040-A, except in the case of condominium lots or individual lots within a shopping center, in which Commented [MN3]: These are significant increases in
density that could also cause environmental impacts.
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case no minimums are established except at the boundary of the shopping center or commercial development. Parcels created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as the following conditions are met:
a. A conceptual development plan for the entire center has been developed and approved pursuant to this Title;
b. Appropriate easements for reciprocal access, parking and maintenance are recorded; and
c. All applicable setbacks adjacent to the exterior boundaries of the shopping center or commercial development are met.
5. Densities may be increased as provided for under State Density Bonus Law and/or Chapter 18.13 of the Zoning Ordinance.
B. Modifications to Required Setbacks
Eaves, roof projections, awnings, and similar architectural features when located at least 8 feet above grade may project into required building setback area a maximum distance of 3 feet, provided that such feature shall be at least 5 feet from a property line.
C. Modifications to Building Height
1. The maximum height prescribed in Table 18.05-040-A for all non-residential uses, except public buildings, schools, churches and hospitals may be modified as follows:
a. Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features which exceed the height limit by not more than 15 feet may be allowed, provided such features shall not be used for habitable space and appropriate screening is provided, if necessary.
2. The maximum height prescribed in Table 18.05-040-A for all public buildings, schools, churches and hospitals may be modified as follows:
a. Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may not exceed a height of 50 feet measured from the finished grade to the highest point of such a structure.
Section 18.05.050 PUD Permit Provisions in Commercial Zoning Districts A PUD Permit may be granted to modify provisions of the Commercial Zoning Districts as follows.
A. Office/Multi Family (O-R) Zoning District
A PUD Permit may be granted to modify provisions of O-R Zoning District in a manner that conserves the existing built environment and livability for residents as the neighborhoods change from residential to office or mixed use.
1. Parking may be reduced for the conversion of an existing house to office use, as long as the house is not expanded, and the parking is maximized to the extent possible, while also retaining the appearance and feel of a residential property 151
City of Cloverdale Zoning Code
(e.g. parking in the residential driveway, including tandem parking, and/or parking to the rear of the building). Reductions shall not be allowed if parking other than in a driveway is provided in the front or street side yard.
2. Mixed residential and office use or conversion from single family to multiple family use may be allowed within a pre-existing residential structure without requiring that the residential use be above a conforming office use.
3. Underlying Zoning District site development standards and parking standards may be reduced or waived for properties that meet criteria for historic designation in the National or State Registers, or for historic conservation sites based on General Plan criteria. Zoning District requirements may be modified with the following provisions:
a. A historic report shall be prepared identifying the design, materials, and site features that generally meet the criteria in National Register Bulletin 15, "How to Apply the National Register Criteria for Evaluation." b. The PUD Permit shall include a plan for preservation of the identified historic design, materials, and site features, and the project shallimplement the plan.
B. Downtown Core (DTC) Zoning District
A PUD Permit may be granted to modify provisions of the DTC Zoning District to allow residential development that supports downtown business.
1. For uses fronting Cloverdale Boulevard, residential Residential use must be secondary to the commercial use and located above or behind the commercial use on the site. The floor area for residential use cannot exceed the floor area of commercial use on the site, except that for developments with two stories of residential above a commercial use the area of each residential story cannot exceed the floor area of first floor commercial use.
2. First floor multi-family residential uses may be allowed on properties which do not have frontage other than a driveway on a street and do not have the potential to be used for pedestrian-oriented commercial buildings or uses.
2. For sites which have pedestrian-oriented buildings and mixed residential and commercial uses, a portion of the multi-family residential development may be placed on the first floor to the rear of the building, as long as the square footage of residential use does not exceed 50% of the commercial use on the first floor, and the residential use does not front on the sidewalk.
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Section 18.09.210 Outdoor Seating
The purpose of this Section is to permit outdoor seating that enhances the pedestrian ambiance of the City, but to also ensure it does not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.
A. Permit Required
The Planning Director is authorized to approve outdoor seating through the Plot Plan Review process, or the Planning Commission may through the Conditional Use Permit process, consistent with Table 18.050.030-A and where located on the public sidewalk subject to issuance of an encroachment permit by the City Engineer. .
B. Minimum Development Requirements
Outdoor seating shall comply with the property development standards for the Zoning District in which it is to be located and with the special conditions below.
1. Accessory Use
Outdoor seating shall be conducted as an accessory use to a legally established business or use, generally a restaurant or other eating and drinking establishment.
2. Location
Outdoor seating may be located on private property or on the public sidewalk.
Where located on the public sidewalk, outdoor seating must be immediately adjacent to and abutting the primary use ; provided that the area in which the outdoor seating is located extends no farther along the sidewalk’s length than the actual sidewalk frontage of the operating business.
3. Sidewalk Clearances
Outdoor seating on the public sidewalk may be permitted only where the sidewalk is wide enough to adequately accommodate the usual pedestrian trafficin the area, all applicable access requirements (including state and federal disability access requirements), all applicable City standards for pedestrian travelways and the operation of the proposed business. Outdoor seating shall not occupy more than 50 percent of the sidewalk’s width at any point and not less than 5 consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic.
4. Enclosure
Awnings or umbrellas may be used in conjunction with outdoor seating, but there shall be no permanent roof or shelter over any outdoor seating located on the public sidewalk. Permanent structures such as a roof or shelter are allowed with an encroachment permit. Awnings shall be adequately secured, retractable, and shall comply with the provisions of the California Building Standards Code as in effectin the City.
5. Fixtures
The furnishings of any outdoor seating located on the public sidewalk shall consist only of movable tables, chairs, umbrellas and outdoor heaters. Lighting 153
City of Cloverdale Zoning Code
fixtures associated with outdoor seating located on the public sidewalk may be permanently affixed onto the exterior front of the main building.
6. Outdoor music or speakers shall be prohibited.
7. Refuse Storage Area
No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the outdoor seating on the public sidewalk or right-of-way. Outdoor seating shall remain clear of litter at all times.
8. Hours of Operation
The hours of operation of the outdoor seating shall be limited to the hours of operation of the associated business.
9. Food and Beverages
Only food and non-alcoholic beverages prepared or stocked for sale at the adjoining business may be served; provided, however, that the service of beer or wine, or both, solely for on-premise consumption by customers within the public right of way may be authorized by the Planning Director or PlanningCommission as part of the permit approval.
Section 18.09.220 Single-Room Occupancy (SRO) Living Units The purpose of these regulations is to provide development standards for reduced-sized commercial dwelling units, defined as single-room occupancy (SRO) living units, with limited parking requirements to provide additional options for affordable housing opportunities and for people with special needs in proximity to transit and services.
A. Permit Required
Single-room occupancy living units shall be conditionally permitted in Residential and Commercial Zoning Districts as shown in Tables 18.04.040-A and 18.05.030-A. Design Review shall be required for new construction and/or exterior modifications to existing structures.
B. Minimum Development Requirements
Each single-room occupancy living unit shall comply with the property development standards for the Zoning District in which it is to be located and with the special conditions below.
1. Excluding the closet and the bathroom area, a SRO living unit shall be a minimum of 150 square feet and a maximum of 400 square feet in floor area. All SRO units must have a closet.
2. Each SRO living unit shall be designed to accommodate a maximum of two persons.
3. SRO projects shall have at least 10 square feet of common usable open space per unit; however, no SRO project shall provide less than 200 square feet of common outdoor open space and 200 square feet of common indoor open space.
Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space.
Landscape areas that are less than 8 feet wide shall not be included as outdoor 154
City of Cloverdale Zoning Code
1. The garage is setback from the front façade a minimum of five (5) feet, detached from the residence and located in the rear of the lot, or is not visible from the street.
2. The residence incorporates a front porch or courtyard visible from the street or sidewalk.
3. The location of the residence allows for the protection and preservation of native, mature trees (i.e. any local oak, conifer or hardwood species of at least 8'' dbh).
4. Construction of the residence allows for the protection and preservation of natural features such as a creek, wetland, riparian area, etc. as identified in the City General Plan.
Section 18.10.060 Commercial Design Standards
The following standards shall apply to development in all Commercial Zoning Districts, except as otherwise provided for in this Title:
1. All indoor uses shall be conducted within a completely enclosed structure unless outdoor use is allowed in the Zoning District. See Table 18.05.030-A.
2. There shall be no visible storage of motor vehicles (except display areas for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents, equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.
3. Ground-mounted equipment incidental to commercial development shall be appropriately screened with solid walls and/or landscaping.
4. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or screened in a manner which is architecturally integrated with the main structure(s).
5. Every parcel with a structure shall have trash and recycling receptacles on the premises. The receptacle(s) shall be screened from public view and adjacent residential developments on at least three sides by a solid wall or fence and on the fourth side by a solid gate.
6. Commercial and industrial loading areas shall be screened from public view.
7. Elevations of all structures shall be architecturally treated to ensure compatibility with high quality neighboring structures.
A. Downtown Commercial (DTC) Zoning District Design Standards
1. The intent of the DTC Zoning District is to encourage retail storefront design at the street level, so that pedestrian-oriented retail uses and similar activity generating uses can locate in the DTC zone without the need for a storefront redesign. 155
City of Cloverdale Zoning Code
2. The design model for the DTC Zoning District is buildings with 2-3 story height, with the first floor designed for pedestrian-oriented retail and activity generating uses and upper stories available for residential, office, or commercial use. For buildings that do not front Cloverdale Boulevard, first floor uses may include residential, office or commercial use. Building mass above the second floor shall be stepped back from the front façade a minimum of 6 feet. Upperfloors will generally be differentiated from first floor designs.
3. A first floor pedestrian-oriented retail design is required, even if the proposed use is non-retail.
4. The street and sidewalk design standard for the DTC Zoning District is the standard used for 2002 Cloverdale Boulevard improvements on Cloverdale Boulevard and the 2009 First Street improvements on First Street.
5. Building street frontages shall be pedestrian-oriented design as defined in Chapter
18.14 including building faces flush with back of sidewalk, display windows which allow visibility to the interior of the store, recessed store entrances, and entrances at less than 25 foot intervals.
6. Maximum Storefront Design Increment (A) = 50 feet. Maximum Articulation Increment (C) = 25 feet.
7. There shall be 3’ of unobstructed view through first floor storefront windows. 156
City of Cloverdale Zoning Code
8. All entrances shall be inset or recessed so that doors can open without encroaching into the sidewalk right of way.
9. A structural articulation element (e.g. an intermediate cornice or canopy) is required between the first and second floor. A fabric awning does not satisfy this requirement.
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10. A visible building cap is required at the top of each building wall, except where prohibited by fire Codes.
11. Buildings should be designed for pedestrian-oriented retail use at the sidewalk level. First floor windows shall occupy at least 70% of the first floor street front elevation and shall have a minimum 1.5 foot wall section at the base of each storefront window.
12. All four sides of a building shall be designed with equivalent architectural elements as the building front, unless the elevations are not visible (e.g. flush with an adjoining building).
13. A distinctive corner treatment may be used to emphasize the corner of a building in special locations such as gateways and other places of significance. This treatment differentiates the corner of the building primarily through vertical massing and through articulation with elements such as a corner tower, façade projections/recessions, balconies,roof articulation, and changing repetitive façade elements.
14. In general, windows shall be recessed into the wall plane four inches or more. 158
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15. Residential balconies shall not face a street frontage or be visible from public streets or walkways.
16. Chain link fencing is not allowed in the DTC Zoning District, except for temporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed.
17. Historic design standards apply in the DTC Zoning District.
B. Transit Oriented Development (TOD) Zoning District Design Standards
1. The design model for the TOD Zoning District is buildings with front entrances facing a street and with parking to the rear. The goal is to create a walkable neighborhood to encourage walking between buildings, to the downtown, to public transit, and to the passenger rail station. In general, the buildings will have the appearance of row housing or grand single family houses (but with multiple living or working spaces). The space in the residential appearing buildings may be used for live-work, office, lodging, or limited commercial and small scale public use as well as residential use. Large-scale public uses may use an alternate design, which is appropriate to public purposes but also complements the residential design model.
2. Front access to individual units shall be by a stoop or porch. Access to public buildings shall create a distinctive entrance feature that welcomes the public into the building. Entrances shall not be flat against the building front without a substantial architectural feature to distinguish the entrance.
Stoop Porch
3. Streets should be designed in a grid pattern with short blocks to provide safe walking and bike circulation. Street frontages should have comfortable sidewalks, trees in planter strips or tree grates, and pedestrian-scale street lights.
4. Buildings should be located close together and should have architectural variety (windows, materials, projections) on the ground floor to create visual interest to pedestrians.
5. Parking should be to the rear of buildings and not between the public right-ofway and the functional front or side of the building. Private roads that function as through streets are considered as public right-of-way for this purpose.
6. Access driveways should be shared between buildings or facilities to limit the number of curb cuts that would cross public sidewalks and cause conflicts with pedestrians.
7. Shared parking between residential and non-residential use is encouraged. 159
City of Cloverdale Zoning Code
8. Chain link fencing is not allowed in the TOD Zoning District, except fortemporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed.
D. Office/Multi-Family (O-R) Zoning District Design Standards
1. The O-R District provides a transition between the older residential areas surrounding the downtown and the pedestrian-oriented downtown businesses.
2. The design model for the O-R District is to conserve the existing residential style buildings including design, size, scale, and neighborhood continuity created by existing (pre-2009) single family housing, while allowing both single family and downtown serving office uses to occupy the structures.
3. A PUD Permit may be granted with flexible land use, parking, setback, and mixed use standards in order to maintain neighborhood design and character(see PUD Permit standards).
4. Preservation of existing residential structural types is preferred to demolition and construction of new buildings. If new construction is proposed, design shall be based entirely on conserving the residential neighborhood design character of the area, including form, color, height, materials, window designs, type of front door access, and yard characteristics of surrounding older houses and buildings. The area between the building and the street shall not be used for parking in new construction.
5. Chain link fencing is not allowed in the O-R District, except for temporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed.
6. Historic design provisions shall apply in the O-R District.
7. Developments and projects that occur on parcels containing both an O-R Zoning District and a DTC Zoning District, also known as split-zoned parcels, shall be treated in its entirety as a development or project in an O-R Zoning District or in a DTC Zoning District, and shall follow the design standards required for that district.
8. Where a parcel within an O-R Zoning District is proposed to be joined to an adjacent parcel as part of a development or project, and that parcel is designated as DTC Zoning District, the entire, resulting parcel shall be designated as a single zoning district, either as DTC or O-R District, and the development or project shall follow the design standards required for that district.
Section 18.10.070 Industrial Design Standards
1. Where off-street parking areas are situated such that they are visible from any street, a wall, berm, or combination wall/berm three (3) feet in height shall be erected between the required landscape area and the parking area to adequately screen said parking areas.
2. Required front and street side building setback areas shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary Commented [MN4]: Who choses? Is this at the
applicant’s discretion or the City’s?
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walks and drives. Where off street parking is located within such building setback areas, a minimum landscaping area of 10 feet in depth shall be provided between the property line and said off street parking area, with an additional minimum landscape area of 10 feet in depth between parking areas and buildings.
3. Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.
4. Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, offstreet parking or loading, recreational activities or facilities, and similar accessory activities.
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Chapter 18.11
PARKING AND LOADING REQUIREMENTS
Section 18.11.010 Purpose and Intent..........................................................................................151 Section 18.11.020 Applicability.....................................................................................................151 Section 18.11.030 Location ............................................................................................................151 Section 18.11.040 Requirements for Developments with Several Uses ..................................151 Section 18.11.050 Off-Street Parking Requirements by Land Use...........................................151 Section 18.11.060 Recreational Vehicle Parking.........................................................................155 Section 18.11.070 Truck Parking ..................................................................................................155 Section 18.11.080 Downtown Parking Area ...............................................................................155 Section 18.11.090 Design and Paving Standards for Off-Street Parking Facilities ................157 Section 18.11.100 Access for Off-Street Parking Facilities ........................................................161 Section 18.11.110 Clearance for Off-Street Parking Facilities...................................................161 Section 18.11.120 Screening for Off-Street Parking Facilities...................................................161 Section 18.11.130 Landscaping for Off-Street Parking Facilities .............................................161 Section 18.11.140 Maintenance of Off-Street Parking Facilities...............................................162 Section 18.11.150 Off-Street Loading Areas................................................................................163 163
City of Cloverdale Zoning Code
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164
City of Cloverdale Zoning Code
Chapter 18.11
PARKING AND LOADING REQUIREMENTS
Section 18.11.010 Purpose and Intent
The purpose of this chapter is to ensure the adequate provision of parking facilities proportionate to the needs created by the various land uses within the City of Cloverdale.
Section 18.11.020 Applicability
A. General Requirements
Off-street parking facilities shall be provided priorto occupancy of any structure hereafter built, enlarged, or altered in use. Such parking shall be permanently available and marked and maintained for parking purposes.
1. Building or other permits will be issued only after receipt of site plans clearly showing the design, location, number and dimensions for parking facilities and appurtenant features, according to the provisions of this chapter and construction standards of the City.
2. At the time of major alteration or enlargement of a structure or use there shall be provided off-street parking spaces in accord with this chapter.
3. A Minor Exception to parking requirements may be granted by the Planning Director for change in use or expansions of commercial development or for additions to single-family residences in certain circumstances. See Section 18.03.
Section 18.11.030 Location
All off-street parking facilities shall be located so as to be accessible and usable for the associated use or activity. Upon approval of a Plot Plan Review, off-site parking areas may be allowed within 400' from the use for which the parking is required, if the parking and maintenance of parking is guaranteed in perpetuity, by recorded agreement with the City as a party.
Section 18.11.040 Requirements for Developments with Several Uses When several uses occupy a single structure or parcel, the total required parking shall be the sum of the requirements for each individual use. Off-street parking facilities for one use shall not be considered as providing the required parking for any other use, except as specifically provided in this chapter. In a shopping center, a common parking lot may be established for the entire center, as long as the center has deed restrictions to assure that all usescan use the common parking facilities.
Section 18.11.050 Off-Street Parking Requirements by Land Use The off-street parking requirements shown in Table 18.11.050-A shall apply to all buildings erected and new or expanded uses. Where the total requirements result in a fractional number, a fraction of 0.5 or greater shall be rounded to the higher whole number.
For any use not specifically set forth in this Section, the Planning Director or the Planning Commission shall determine the amount of required parking based upon similar uses,or evidence of actual demand based on traffic engineering or planning data. The applicant shall provide the necessary data and background information.
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City of Cloverdale Zoning Code
Table 18.11.050-A
Off-Street Vehicle Parking Requirements by Land Use
Residential Uses
Single Family Dwelling (on a
conventional lot, with a 20 foot minimum
front yard setback, and fronting on a
public or private street with on-street
parking)
Two spaces per unit, one of which must be
covered. Both spaces must be outside required
setbacks and must have a minimum driveway
length of 20 feet between the property line and
the parking space.
Cluster Ownership Housing (Single
family dwelling in a small lot PUD,
Townhouses, Condominiums, and
attached housing.)
One covered space per unit; plus 1.5
unrestricted shared parking spaces per unit; plus
0.5 parking space per unit, which may be
restricted to specific units or may be
unrestricted.
Second Residential Dwelling Units One space per unit. Space may be in tandem and may be located in a driveway behind a
required parking space.
Apartments and Multi-Family Dwellings
(Generally designed for rental occupancy)
Studio unit: 1 covered space per unit and 0.5
unrestricted shared parking space per unit.
One bedroom unit: 1 covered space per unit and
1 unrestricted shared parking space perunit.
2+ bedroom units: 1 covered space per unit and
2 unrestricted shared spaces per unit.
Senior Housing 1 covered space per unit, and
0.5 shared unrestricted parking space perstudio
and one bedroom unit and one shared
unrestricted parking space per 2+ bedroom
unit.
Single Room Occupancy (SRO) Living
Unit
.5 space per unit plus one bicycle space per
unit which can be locked
Residential Care Facilities 1 uncovered space per 3 beds and 1 space per employee on the largest work shift
Mobilehome Parks 1.75 spaces per unit, which may be in tandem, one (1) of which must be covered.
Large Family Day Care Facilities 1 uncovered space per staff person other than the homeowner in addition to the required
parking for the residential building
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City of Cloverdale Zoning Code
Public and Semi-Public Uses
Public Buildings - Administrative 1 parking space/ 250 sq. ft. of gross floor area.
Public and Semi-public Buildings -
Assembly (including auditoriums,
theaters, lodges, clubs, churches,
mortuaries)
1 parking space/5 fixed seats, or 1 parking
space/50 sq. ft. of floor area designed for public
assembly
Hospitals 1 space/2 beds and 1 space/doctor or
employee on the largest shift
Convalescent Hospitals 1 space/3 beds and 1 space/doctor or employee on the largest shift
Public Utility Buildings (without on-site
offices)
1 parking space/2 employees on the largest
work shift.
Schools
Grade Schools, Elementary, Junior High
Schools
1 parking space/classroom and 1 space per 250
square feet of office for faculty and employees
High Schools, Colleges 1 parking space/classroom, 1 space per 250 square feet of office for faculty members and
employees, and 5 parking spaces/classroom
for students
Vocational, Business, Trade
Schools
1 parking space/3 students of the maximum
classroom capacity and 1 space each employee
Child Day Care Facilities 1 parking space/employee or teacher and 1 space/5 children
Commercial Uses
General Retail, Office and Commercial 1 parking space/250 sq. ft. of gross floor area DTC Zoning District Commercial (retail
and office only)
1 parking space/300 350 sq. ft. of gross floor
areaor 1 space per 450 square feet if the building
provides shared parking (see Section 18.11.080)
DTC and TOD Zoning Districts, mixeduse
provisions for mixed residential and nonresidential use.
With use permit approval, parking for the
residential portion of a mixed use project may
be reduced to one space per unit, provided that
the square footage for each floor of residential
use shall not exceed twice the square footage of
first floor commercial use, and the commercial
portion of the building provides all required
parking.
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City of Cloverdale Zoning Code
Commercial Uses (cont.)
Hotels and Motels 1 parking space/unit, and 2 parking spaces for the manager’s office.
Restaurants and Bars 1 parking space/100 350 sq. ft. of public area (any area accessible by the public).
Drive-In Restaurants/Drive-Through
Facilities
1 parking space/75 sq. ft. of public area (any
area accessible by the public).
Any portion of a site with outdoor sales,
display, and rental areas, including
nurseries, auto, recreational vehicle, boat
sales
1 parking space/2,000 sq. ft. open area for the
first 10,000 sq. ft., then 1 space/5,000 sq. ft.over
10,000 sq. ft. Any enclosed building on the site
shall meet the requirement for the most similar
use to that in the enclosedbuilding.
Automobile Service Stations 3 parking spaces/working bay, plus 1 parking space/employee on the largest shift.
Vehicle Repair Facilities 1 parking space/450 sq. ft. of floor area.
Bowling Alleys and Billiard Halls 5 parking spaces per lane and 2 spaces per billiard table.
Industrial and Warehouse Uses
Warehouse combined with retail store,
service or repair shop or wholesale sales
1 parking space/800 sq. ft. of gross floor area, or
1 parking space/employee and 1
space/company vehicle, whichever is larger.
Manufacturing and Warehouse 2 parking spaces/3 employees on the largest shift, but not less than 1 space/2,000 sq. ft. of
area used for allowed uses.
Self-storage Warehouse (or other storage
containment yards)
1 parking space/20 storage units with a
minimum of 5 spaces for customer parking, 2
parking spaces for any manager or caretaker,
plus adequate driveway width to permit one
vehicle (8' x 20') to park in front of each unit
without obstructing access.
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City of Cloverdale Zoning Code
Table 18.11.050-B
Bicycle Parking Requirements by Land Use
Requirement
Commercial And Office Uses Bicycle parking facilities are to be provided for commercial projects with buildings greater than
5,000 square feet in size. Such parking shall be
located in a highly visible location and shall
include provisions for locking of bicycles. (except
in the DTC district).
Industrial and Warehouse Uses Bicycle parking facilities are to be provided for commercial and industrial projects with
buildings greater than 5,000 square feet in size.
Such parking shall be located in a highly visible
location and shall include provisions for locking
of bicycles.
Section 18.11.060 Recreational Vehicle Parking
Improperly parked recreational vehicles in residential neighborhoods are regulated because they can:
• Mar the front yard appearance of residential neighborhoods • Obstruct public sidewalks.
• Reduce adjacent property values and prevent neighbors from having full enjoyment of their property.
Recreational vehicles may be parked at residential properties but are subject to the following:
1. Screening is required for all recreational vehicles that are stored or parked in the open or on a vacant lot. They may be parked in a completely enclosed garages or structure as an alternative to the screening requirement and size limitation.
Section 18.11.070 Truck Parking
Parking or storing of trucks having an unladen weight in excess of six thousand pounds is prohibited on residential property for more than one hour any time of day, except for the purpose of loading or unloading the cargo of such vehicles.
Section 18.11.080 Downtown Parking Area
The downtown has many properties developed prior to the City parking requirements, and the downtown is unique in encouraging pedestrians to park once and visit many destinations without re-parking. Parking requirements and exclusions are intended to support pedestrianoriented uses and pedestrian-oriented design. The following provisions apply only to uses located within the DTC and O-R Zoning Districts.
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City of Cloverdale Zoning Code
A. For a change of use that requires increased parking pursuant to Table 18.11.050-A., if the building is not expanded, additional parking may be waived upon Planning Director approval by Conditional Use Permit if the use is activity generating, such as retail, restaurant, theater, or similar uses. Alsosee chapter 18.03 Minor Exceptions.
B. When a downtown building is destroyed or demolished, a Conditional Use Permit may be granted to allow parking credit for the demolished building square footage if the replacement building is pedestrian-oriented design. This exception does not expire.
C. Upon Conditional Use Permit approval, new construction may pay in-lieu parking fees as provided below. A Conditional Use Permit shall not be approved if cumulative approval of in lieu spaces exceeds the number of “new” shared parking spaces created for all development since May, 2005. A “new” space shall be a newly created parking space on public streets or in a public parking lot plus .25 times the number of spaces created in private shared lots as described in paragraph D below.
D. A property owner may offer permanent and unrestricted public use of a parking lot, guaranteed by easement granted in perpetuity to the City and giving the City the right to manage the parking lot at the City’s option. The following provisions shall apply.
1. The parking lot shall meet the minimum requirements for number of spaces of the use that the lot serves, pursuant to Table 18.11.050-A (parking requirements by land use) and provisions A through C above.
2. The City may place parking restrictions, such as timed parking or metered parking, as needed to assure that the parking meets downtown parking needs.
3. As an incentive for providing unrestricted parking, the City may offer one or more of the following considerations: City improvement and maintenance of the parking lot, compensation from in-lieu parking fees, or provision of a portion of parking meter revenues, for a time and amount to be determined by the City, if meters are installed.
a. The City may allow the parking lot owner to reserve up to 50% of the spaces for the time period most likely to be used by the property which the parking serves (e.g. parking for an office could be restricted from 8 a.m. to 5 p.m., with the parking being available to the public at othertimes).
4. In-lieu parking program. Upon approval of a Conditional Use Permit, the City may, but is not required, to allow a property owner to satisfy parking requirements by the payment of in-lieu parking fees. The in-lieu fee option may be requested by the property owner and cannot be required by the City. a. Parking in-lieu fees shall be established by resolution of the City Council.
The fee shall be the cost of land and construction costs of building an average parking space. The fee resolution shall be updated if passed more than 12 months prior to a Conditional Use Permit request to pay lieu fees. b. The City shall develop and maintain a map showing the base number of unrestricted spaces available as of May 2005. The number of spaces that can be granted to satisfy parking requirements with in-lieu fees shall not 170
City of Cloverdale Zoning Code
exceed the number of new unrestricted parking spaces that have been provided in the downtown or on streets adjoining the downtown after May 2005.
c. The total fee paid shall be the number of required spaces in Table 18.11.050- A. which are not provided on the applicant’s site times theparking fee as established in paragraph 4.a. above.
5. Upon City Council approval, and subject to applicable law, fees may be waived for nonprofit uses such as events, museum, library, or similar pedestrian attracting uses for the downtown.
E. Upon Planning Director approval, new projects are not required to follow requirements under Section 18.11.130 (Landscaping Requirements for Off-Street Parking) for parking lots with 30 spaces or less and where the majority of the parking area is behind a building fronting onto the street.
Section 18.11.090 Design and Paving Standards for Off-Street Parking Facilities A. Dimensions of Parking Spaces
1. Automobile Parking Spaces
The standard uncovered stall size is nine (9) feet by eighteen (18) feet. Stalls shall be designed in accordance with City specifications (see Figure 18.11.090-B). Compact parking stalls may be allowed in commercial/industrial applications up to a maximum of 20% of the required parking. The stall size for compact spaces is eight (8) by sixteen (16) feet. Any space abutting a fence, wall, or landscape area, shall be a minimum of 10 feet wide. Covered parking spaces shall be a minimum of ten (10) feet by twenty (20) feet.
2. Motorcycle Parking Spaces
Each motorcycle space shall have a minimum usable area of 56 square feet.
3. Handicapped Parking Spaces
The number and size of handicapped spaces is specified in Title 24, Section 2-07102 of the State Disabled Access Regulations.
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City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
G.1
January 12, 2022
Agenda Section:
New Business
Staff Contact:
David Kelley, City Manager
Jill Garibaldi, City Clerk
Agenda Item Title:
Discussion and Direction on Draft City Council 2022 Subcommittee, Joint Committee and Regional Board/Committee Appointments
_______________________________________________________________________________________ Recommended Council Action(s):
Staff recommends that the City Council review the Preference Indication Ranking Worksheet Results and finalize recommendations for Council Subcommittee, Joint Committee and Regional Board/Council Assignments, and direct staff to return with a Resolution to ratify the appointments and set the meeting dates and times at the January 26, 2022, City Council meeting. ________________________________________________________________________________________ Background:
Cloverdale Municipal Code Chapter 2.06 describes the City Council’s subcommittee system. Municipal Code Section 2.06.040 states the following:
Each subcommittee shall consist of two city council members, with one member designated as the subcommittee chair, and the city manager. City council members shall serve a one-year term on the subcommittee, or until their successor is appointed. Subcommittee assignments and appointments will be made by the majority of the city council, which typically takes place during the first regularly scheduled city council meeting in January each year.
In addition to Council subcommittees, there are various regional boards that require the Council to formally designate a board representative. In some instances, the Regional Boards By-laws require that the primary and alternate Board appointees consist of elected officials. The Boards that require board appointments to be elected officials include Sonoma Clean Power, Sonoma County Transportation Agency and Northern Sonoma County Air Pollution Control District. Current Subcommittee and Regional Board Appointments are reflected in Resolution No. 061-2021 (Attachment 1)
________________________________________________________________________________________ Summary:
City staff distributed preference indication worksheets to the City Council at the December 8, 2021 City Council meeting to facilitate the subcommittee selection process for 2022. The results of the preference forms submitted by the Councilmembers were compiled and are presented to the City Council with draft appointment recommendations. Staff recommends that the City Council review and discuss the Subcommittee (Attachment 2), Joint Committee and Regional Board/Council Appointments (Attachment 3) to determine if any modifications to the selection recommendations or meeting dates/times are requested.
Meeting Dates and Times for the Regional Boards are set by the Regional Boards.
The following guidelines were utilized to provide draft recommendations for subcommittee appointments:
1. Provide for parity in Committee roles by ensuring that all Council Members will be assigned to at least one of their first choices for committee appointments; If more than two Councilmembers 172
City Council/Successor Agency Agenda Item Summary
Meeting Date: January 12, 2022
Item No. G.1
identified the same first choice in committee appointments, the second highest choice will be recommended;
2. Provide for continuity in committee membership by having one City Council Member who served on a Subcommittee in 2020 remain on a subcommittee for 2021 where possible; and
3. Provide for equal Committee workload among Council Members. All Councilmembers are recommended to serve on a minimum of two subcommittees.
Staff’s recommendation for Subcommittee assignments should be viewed as a starting point for the City Council’s discussion. The final determination of subcommittee and regional board appointments is at the direction of the full City Council. The final assignment list recommended by the City Council at the January 13th meeting will be returned for formal adoption by resolution at the January 27, 2021, City Council meeting.
Resolution No. 061-2021 provides the current adopted 2020 Regional/Council Assignment list and subcommittee meeting schedule. If the Council would like to update or modify the proposed subcommittee meeting dates or times, staff recommends that the updated subcommittee meeting times and dates are reflected in the adopting resolution that will be brought forward on January 27th to ensure compliance with the Brown Act. A draft 2022 Council Subcommittee and Joint Committee Membership and Meeting Schedule is attached (Attachment 4).
________________________________________________________________________________________ Alternative Options:
1. Discuss and update existing appointments to subcommittee, joint committee and regional/council assignments without priority ranking and direct staff to return with a Resolution to ratify the appointments and set the meeting dates and times; or
2. Provide alternative direction to staff.
________________________________________________________________________________________ Subcommittee Recommendation:
Not Applicable
________________________________________________________________________________________ Budget/Financial Impact:
None.
________________________________________________________________________________________ Attachments:
1. Resolution No. 061-2021
2. Preference Indication Worksheets Ranking Results and Recommendations for Council and Joint Subcommittees
3. Completed Preference Indication Worksheets Ranking Results and Recommendations for Regional Boards
4. Draft 2022 Council Subcommittee and Joint Committee Membership and Meeting Schedule 173
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2021 Council Subcommittee and Joint Committee
Membership and Meeting Schedule
Subcommittee Members Meeting Day, Time and Location*
Finance,
Administration &
Police
Cruz; Palla 1
st Monday, 1:30 p.m. (Monthly)
Special Meeting February 2nd
March 1st
April 5
th
May 3
rd
June 7
th
1 st Monday, 1:30 p.m. (Monthly) (Cont.)
July 5
th
August 2
nd
September 6
th
October 4
th
November 1
st
December 6
th
Planning &
Sustainability
Bagby; Cruz 3rd Tuesday, 4:00 p.m. (BiMonthly)
February 16th
April 20th
June 15th
August 17th
October 19th
December 21st
Public Works &
Facilities
Wolter; Palla 4th Tuesday, 2:00 p.m. (BiMonthly)
January 26th
March 23rd
May 25th
July 27th
September 28th
November 23rd
Joint City /
Cloverdale Fire
District
Cruz; Lands 2nd Monday, 5:30 p.m. (Every Four
Months)
February 8th
June 14th
October 11th (Columbus Day
Holiday)
Joint City /
Cloverdale Unified
School District
Lands; Palla 3rd Monday, 5:00 p.m. (BiMonthly, School year) February 1st** (Special Meeting)
March 15th
May 17th
July 19th ***
3rd Monday, 5:00 p.m. (Bi-Monthly,
School year) (Cont.)
September 20th
November 15th
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- NOT A HOLIDAY FOR CITY HALL
Council Meetings: 2nd and 4th Wednesday of each month at 6pm, Closed Sessin at 5pm [email protected]
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or group email for Council only:
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Email Contact List
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Planning Comission Meetings: 1st Tuesday
of each month at 6:30pm
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2022 SUBCOMMITTEE AND BOARD APPOINTMENTS – COUNCIL PREFERENCE INDICATION
RANKING SUMMARY
Councilmember Name: Final Preference Rankings Date: January 12, 2021 Councilmember ranking of their Subcommittee preference from 1-5 (one being the highest or most preferred) for each of the five Council subcommittees.
Council and Joint Subcommittees Numerical Ranking:
Subcommittee 2021 Members Bagby Cruz Lands Palla Wolter Finance & Administration & Police Cruz / Palla 2 3 1 2 3 Planning & Sustainability Bagby / Cruz 1 1 4 5 2
Public Works & Facilities Wolter / Palla 3 4 3 1 1
Joint City / Cloverdale Fire District Cruz / Lands 4 2 5 4 5 Joint City / Cloverdale
Unified School District Lands / Palla 5 5 2 3 4
Councilmember Ranking Results (presented by City Manager/City Clerk):
Subcommittee 2021 Members 1 2 3 4 5
Finance & Administration & Police Cruz / Palla Lands Bagby, Palla Cruz, Wolter Planning & Sustainability Bagby / Cruz Bagby, Cruz Wolter Lands Palla Public Works & Facilities Wolter / Palla Wolter/Palla Bagby, Lands Cruz Joint City / Cloverdale Fire District Cruz / Lands Cruz Bagby/Palla Wolter Joint City / Cloverdale Unified
School District Lands / Palla Lands Palla Wolter Bagby, Cruz 177
DRAFT 2022 RECOMMENDED CITY COUNCIL SUBCOMMITTEE APPOINTMENTS AND MEETING TIMES Subcommittee
2021
Subcommittee
Members
City Manager
Recommended
2022
Appointments
2022 City
Council
Recommended
Appointments
2021
Meeting
Dates/Times
Council
Recommended
2022 Meeting
Dates/Times
Finance & Administration &
Police Cruz / Palla Lands / Palla
1st Tuesday,
1:30 p.m.
(Monthly)
Planning & Sustainability Bagby / Cruz Bagby / Cruz
3rd Tuesday,
4:00 p.m. (BiMonthly)
Public Works & Facilities Wolter / Palla Wolter / Palla 4th Tuesday,
2:00 p.m. (BiMonthly)
4th Tuesday,
2:00 p.m.
(Monthly)
Joint City/Cloverdale Fire
District Cruz / Lands Cruz / Bagby
2nd Monday,
5:30 p.m.
(Every Four
Months)
Joint City/Cloverdale Unified
School District Lands / Palla Palla / Lands
3rd Monday,
5:00 p.m. (BiMonthly,
School year)
178
2022 REGIONAL BOARD APPOINTMENTS – COUNCIL PREFERENCE INDICATION WORKSHEET Regional Board / Committee 2021 Appointee Bagby Cruz Lands Palla Wolter Cloverdale Chamber of Commerce Liaison LANDS, WOLTER (ALT) X X Cloverdale Senior Center CRUZ, LANDS (ALT) X
Planning Commission Liaison WOLTER, VACANT (ALT) X
Cloverdale Rancheria Tribal Council Liaison CRUZ, WOLTER (ALT) X X Cloverdale Regional Library Advisory Board LANDS, CRUZ (ALT) Homelessness Community Advisory Group LANDS, CRUZ
League of CA Cities Board of Directors** BAGBY
League of CA Cities’ Redwood Empire Division Legislative Committee** BAGBY, CRUZ (ALT) X X
Northern Sonoma County Air Pollution Control District PALLA, CRUZ (ALT) X Redwood Empire Municipal Insurance Fund (REMIF/CIRA) HOLMES, KELLEY (ALT) Russian River Watershed Assn (RRWA) CRUZ, BAGBY (ALT) X Sonoma Co. Dept. of Health Services, Health Action Council CRUZ, BAGBY (ALT) Sonoma Co. Mayors/Council Members Assn Legislative
Committee BAGBY, WOLTER (ALT) X X
Sonoma Co. Open Space District Advisory Board NONE
Sonoma Co. Transportation Authority & Regional Climate
Protection Authority BAGBY, CRUZ (ALT) X X
Zero Waste Sonoma CRUZ, BAGBY (ALT) X
Sonoma Marin Area Rail Transit (SMART)# BAGBY X
Sonoma Clean Power BAGBY, CRUZ (ALT) X X
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* Appointment by and represents Sonoma County Mayors and Councilmember’s Association # Requires membership on SCTA / RCPA Board
** Appointment by League of CA Cities Board of Directors ++Subject to Sonoma County Mayors/Council Members Association appointment 2022 REGIONAL BOARD APPOINTMENTS – RANKING RESULTS
(Draft Recommendations by City Manager):
Regional Board / Committee 2021 Appointee
City Manager
Recommended
2022 Appointments
City Council
Recommended
2022 Appointments
Cloverdale Chamber of Commerce Liaison LANDS, WOLTER (ALT) Lands / Wolter Cloverdale Senior Center CRUZ, LANDS (ALT) Cruz / Lands (Alt.) Planning Commission Liaison WOLTER, VACANT (ALT) Wolter Cloverdale Rancheria Tribal Council Liaison CRUZ, WOLTER (ALT) Cruz / Wolter (Alt.) Cloverdale Regional Library Advisory Board LANDS, CRUZ (ALT) Turner / Cruz (Alt.) Homelessness Community Advisory Group LANDS, CRUZ Lands / Palla League of CA Cities Board of Directors** BAGBY Bagby
League of CA Cities’ Redwood Empire Division Legislative Committee** BAGBY, CRUZ (ALT) Bagby/Cruz
Northern Sonoma County Air Pollution Control District PALLA, CRUZ (ALT) Palla / Cruz (Alt.) Redwood Empire Municipal Insurance Fund (REMIF) HOLMES, KELLEY (ALT) Holmes / Kelley (Alt.) Russian River Watershed Assn (RRWA) CRUZ, BAGBY (ALT) Cruz / Bagby (Alt.) Sonoma Co. Dept. of Health Services, Health Action Council CRUZ, BAGBY (ALT) Cruz / Bagby (Alt.) Sonoma Co. Mayors/Council Members Assn Legislative
Committee BAGBY, WOLTER (ALT) Bagby / Wolter (Alt.)
Sonoma Co. Open Space District Advisory Board ++ NONE None Sonoma Co. Transportation Authority & Regional Climate
Protection Authority BAGBY, CRUZ (ALT) Bagby / Cruz (Alt.) Zero Waste Sonoma County CRUZ, BAGBY (ALT) Cruz / Palla (Alt.) Sonoma Marin Area Rail Transit (SMART)# BAGBY Bagby
Sonoma Clean Power BAGBY, CRUZ (ALT) Bagby / Cruz (Alt.) 180
Draft 2022 Council, Planning Commission, Subcommittee and Joint Committee Membership and Meeting Schedule
City Council Meetings: 2nd and 4th Wednesday of Every Month – Closed Session at 5 pm/Regular 6 pm Bagby, Melanie
Cruz, Marta
Lands, Todd
Palla, Joe
Wolter, Gus
January 12 and 26
February 9 and 23
March 9 and 23
April 13 and 27
May 11 and 25
June 8 and 22
July 13 and 27
August 10 and 24
September 14 and 28
October 12 and 26
November 9 and 23 (possible cancellation)
December 14 and 28 (possible cancellation)
Planning Commission Meetings: 1st Tuesday of Every Month 6:30 pm Shanahan
Asay
Sanders
Wagy
Hoevertsz
Alt: Springler
Alt:
January 4
February 1
March 1
April 5
May 3
June 7
July 5 (Possible Cancellation)
August 2
September 6
October 4
November 1
December 6
Subcommittee Members Meeting Day, Time, and Location*
1st Monday at 1:30 p.m. - Monthly
Finance,
Administration &
Police
January 3rd
February 7th
March 7th April
4th May 2nd
June 6th
July 4th (observed holiday)
August 1st
September 5th (observed holiday)
October 3rd
November 7th
December 5th
3rd Tuesday at 4:00 p.m. Bi-Monthly
Planning &
Sustainability
February 15th
April 19th
June 21st
August 16th
October 18th
December 20th
4th Tuesday at 2:00 p.m. – Monthly
Public Works &
Facilities
January 25th
February 22nd
March 22nd
April 26th
May 24th
June 28th
July 26th
August 23rd
September 27th
October 25th
November 22nd
December 27th
2nd Monday at 5:30 p.m. – Every four Months
Joint City / Cloverdale
Fire District
February 14th
June 13th
October 10th (Columbus Day Holiday,Not
Observed by City)
3rd Monday at 5:00 p.m. – Bi-Monthly, school year.
Joint City /
Cloverdale Unified
School District
February 1st** (Special Meeting)
March 21st
May 16th
July 18th
September 19th
November 21st
2nd Thursday – Bi-Monthly Dates and Time to be
determined
Sonoma County
Mayor’s &
Councilmembers Asso
February
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City Council/Successor
Agency
Agenda Item Summary
Agenda Item:
Meeting Date:
G.2
January 12, 2021
Agenda Section:
New Business
Staff Contact:
Susie Holmes, Finance Director
David Kelley, City Manager
Agenda Item Title:
American Rescue Plan Act (ARPA) Spending Plan
________________________________________________________________________________ Recommended Council Action(s):
Consider Adoption of a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Amending the Fiscal Year 2021-22 Budget Establishing Fund 260-Coronavirus State and Local Fiscal Recovery Fund (CSLRF), Incorporating One Million Thirty-Five Thousand and 00/100 dollars to the CSLRF fund (Fund #260-00-000-36620-000) and appropriating the CSLRF funds based on the American Rescue Plan Act Funding Matrix”.
________________________________________________________________________________ Background:
In March 2020, due to the rampant spread of the Coronavirus (Pandemic), a state of emergency was declared at the local, state, and federal levels and stay-at-home orders issued, which had an enormous impact on the local, state, and national economy as well as the City’s finances.
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion stimulus package, to counteract the economic impacts of the pandemic. As part of the ARPA, the Treasury launched the “Coronavirus State and Local Fiscal Recovery Funds” (“CSLFRF”) program, which will provide over $350 billion in emergency funding for eligible state, local, territorial, and tribal governments.
The City’s CSLFRF allocation is $2,070,700 and the funds are to be received in two tranches. The first tranche (50%) was received on July 13, 2021, and the remaining half is expected in July 2022. The City has until the end of 2024 to obligate funds and until the end 2026 to spend the funds.
On October 13, 2021, the Cloverdale City Council had a discussion about a spending plan that staff brought forward. Council requested several changes to the plan including the removal of the general fund reimbursable cost of $561,083.80, items that were previously budgeted, and $30,000 for audio equipment that could be covered by PEG fees. Council recommended that staff instead use these funds to cover additional Water infrastructure costs. ________________________________________________________________________________ Summary:
The City of Cloverdale is a Non-entitlement City and received its allocation of Coronavirus State and Local Fiscal Recovery Funds from the State of California rather than directly from the Treasury.
The City may utilize Coronavirus State and Local Fiscal Recovery Funds for eligible uses based on guidance issued by the Treasury to:
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City Council/Successor Agency Agenda Item Summary
Meeting Date: January 12, 2021
Item No. G.2
1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff.
2. Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector.
3. Serving the Hardest-Hit Communities and Families by using funds to address the disproportionate public health and economic impacts of the COVID-19 pandemic on the hardest-hit communities, populations and households. Under this section, local governments may provide unique support on services within a Qualified Census Tract.
4. Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic.
5. Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and,
6. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet.
As a non-entitlement city, the State of California Department of Finance will be submitting quarterly reports on spending to the Treasury on behalf of the City. The first report is due to the State on April 30, 2022. ARPA funds will also be subject to the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which will result in a Single Audit for the City. A Single Audit is an organization wide financial statement and federal awards audit of a non-federal entity that expends $750,000 or more in federal funds in one year. As a result of the ARPA program, the City will be subject to a Single Audit for FY 2021-22 and FY 2022-23.
The Finance Director has worked closely with multiple organizations, including the California Society of Municipal Finance Officers and the Government Finance Officers Association to understand ARPA Funding program rules and reporting requirements. The Finance Director has determined that the City is not eligible to qualify for uses under the category of replacing lost public sector revenue.
The Finance Director in coordination with City staff developed a matrix identifying the use of funds within the allowable funding categories for consideration by the City Council. Subsequent to review of the funding matrix by the Council on October 13th, the Cloverdale Senior Multipurpose Center submitted an updated funding request in the amount of $25,000. While the Council did not support offsetting eligible general fund expenses with ARPA funds, the funding request is eligible for ARPA funds should the Council desire to reconsider their original position. 184
City Council/Successor Agency Agenda Item Summary
Meeting Date: January 12, 2021
Item No. G.2
City staff recommends that the Council take the following actions
1. Review and finalize the ARPA Funding Matrix;
2. Adopt the Resolution approving the budget amendment to incorporate Coronavirus State and Local Fiscal Recovery Funds in the Fiscal Year 2021-22 budget; and
3. Appropriate ARPA funding identified in the attached Funding Matrix. ________________________________________________________________________________ Options:
1. Amend the proposed expenditure plan and direct staff to adjust the budget amendment accordingly.
2. Provide alternative direction to staff
________________________________________________________________________________ Subcommittee Recommendation:
The Finance Administration and Police Subcommittee reviewed the Draft ARPA funding /expense plan on October 4, 2021.
________________________________________________________________________________ Budget/Financial Impact:
Receipt of the ARPA funds increased fund revenues in the ARPA Fund 260 in the current fiscal year budget. The fiscal impact will be determined on the spending plan approved as currently stated Water Enterprise would receive $1,275,000, Sewer Enterprise $250,000 and the remaining would offset costs in the General Fund including Park Irrigation, Broadband, and other smaller expenditures.
________________________________________________________________________________ Attachments:
1. Resolution
2. American Rescue Plan Act - Funding Plan Matrix 01.12.2022
3. Draft Original American Rescue Plan Act - Funding Plan Matrix 10.13.2021
4. Cloverdale Senior Multipurpose Center Funding Request Letter
5. U.S. Treasury Coronavirus State and Local Fiscal Recovery Fund Final Rule 185
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ____ –2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AMENDING THE FISCAL YEAR 2021-22 ADOPTED BUDGET ESTABLISHING FUND 260 – CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUND (CSLRF), INCORPORATING ONE MILLION THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($1,035,000.00) TO THE CSLRF FUND (FUND #260-00-000- 36620-000) AND APPROPRIATING THE CSLRF FUNDS BASED ON THE AMERICAN RESCUE
PLAN ACT FUNDING PLAN MATRIX
WHEREAS, On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion stimulus package, to counteract the economic impacts of the pandemic; and WHEREAS, as part of the ARPA, the Treasury launched the “Coronavirus State and Local Fiscal Recovery Funds” (“CSLRF”) program, which provided over $350 billion in emergency funding for eligible state, local, territorial, and tribal governments; and
WHEREAS, the City’s CSLRF allocation to the City of Cloverdale from the Treasury is $2,070,700; and
WHEREAS, CSLRF funds are to be received in two tranches. The first tranche (50%) was received on July 13, 2021, and the remaining half is expected to be received in July 2022; and WHEREAS, the City has until the end of 2024 to obligate funds and until the end 2026 to spend the funds; and
WHEREAS, On October 13, 2021, the Cloverdale City Council reviewed a draft ARPA spending plan and requested various revisions to the spending plans to align with the Council’s funding priorities; and WHEREAS, City staff prepared an updated ARPA Spending Plan r attached hereto as Exhibit A reflecting Council’s direction.
WHEREAS, a budget amendment is necessary to establish a new fund in the budget and increase revenue in the amount of One Million Thirty-Five Thousand And 00/100 Dollars ($1,035,000.00) to Fund 260-00-000-36620-000 and transfers out and appropriate to various funds based on the Funding Plan Matrix; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby:
1. Approves a budget amendment to the FY 2021-22 budget to establish Fund 260 Coronavirus Local Fiscal Recovery Fund (Fund #260-00-000-36620-000);
2. Incorporate the CSLRF funds received in the fiscal year 2021-22 budget in fund 260; and
3. Appropriate CSLRF funds in the same amount to various funds as depicted on the American Rescue Plan Funding Plan Matrix attached hereto as Exhibit A. 186
The foregoing Resolution No. ____-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 12th day of January 2022 by the following roll call vote:
AYES: (_)
NOES: (_)
ABSTAIN: (_)
ABSENT: (_)
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
Exhibit A – American Rescue Plan Funding Plan Matrix
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Funding Categories: 19-20 20-21 21-22 22-23 23-24 24-25 Total Notes Premium Pay for Essential Workers
One time bonuses 59,856 - All essential workers
Total Premium Pay 59,856
-
Water, Sewer, Broadband:
Broadband 162,000 Installation of Fiber to City Hall, PD and Corp Yard Sewer 250,000 Stormdrain installation @ Thyme Square
Water 100,000 750,000 395,873 Water Enterprise CIP Projects Park Water - Infrastructure 243,760 Irrigation, Plumbing Total Water, Sewer and Broadband 1,901,633
Public Health Expenditures:
COVID Supplies 9,473 23,719 Any non-FEMA reimbursable
Public Safety Employee COVID testing 18,480 21,840 Required weekly Public Safety employee testing Citrus Fair 5,000
Temporary Evacuation Point expenses related to opening during COVID Congregate and Non-Congregate Sheltering
Safety employee (PD-COVID related)
Total Public Health Related 78,511
-
Household -
Neighborhood Grant -
Utility Bill Relief 5,000 5,000 5,000 5,000 5,000 5,000 - Total Household 30,000
Totals by Fiscal Year 14,473 133,719 1,245,336 666,473 5,000 5,000 Total all expenditures 2,070,000
American Rescue Plan Act | Funding Plan 01.12.2022
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Funding Categories: 19-20 20-21 21-22 22-23 23-24 24-25 Total Notes Premium Pay for Essential Workers
One time bonuses 59,855.50 - All essential workers
Total Premium Pay 59,855.50
-
Lost Public Sector Revenue -
FY 19/20 - not eligible N/A TBD TBD TBD -
Total Lost Revenue TBD
-
Economic Impacts: -
Office Staff N/A 4,822.20 102,741.60 149,760.00 To staff to pre-pandemic levels Chamber Agreement 75,000.00 Budgeted figure
Senior Center 15,000.00 Budgeted figure
Total Economic Impacts 347,323.80
Water, Sewer, Broadband:
Broadband 162,000.00 Installation of Fiber to City Hall, PD and Corp Yard Sewer 250,000.00 Stormdrain installation @ Thyme Square Water 100,000.00 750,000.00
Replace water meters and registers, city wide or other
CIP Project
Total Water, Sewer and Broadband 1,262,000.00
Public Health Expenditures:
COVID Supplies 9,472.61 23,718.59 Any non-FEMA reimbursable Employee COVID testing 43,120.00 50,960.00 All non-vaccinated employees Reach for Home 10,000.00 Reimburse expenses for Cloverdale homeless services Citrus Fair 5,000.00
Temporary Evacuation Point expenses related to opening
during COVID
Congregate and Non-Congregate Sheltering
Audio/Video Upgrades 30,000.00 @ City Hall and Performing Arts Center Safety employee (PD-COVID related) 50,000.00 50,000.00 50,000.00 Total Public Health Related 322,271.20
-
Household -
Neighborhood Grant -
Utility Bill Relief 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 - Total Household 30,000.00
Totals by Fiscal Year 14,472.61 138,540.79 1,552,717.10 255,720.00 55,000.00 5,000.00 Total all expenditures 2,021,450.50
American Rescue Plan Act | Funding Plan 10.13.2021
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The mission of CSMC is to provide Cloverdale residents with activities, support, resources, and services that encourage participation in community life, promote well-being and independence, and enhance dignity.
City of Cloverdale
David J. Kelley, City Manager
124 N. Cloverdale Blvd.
Cloverdale, CA 95425
Office: 707-894-1710
Re: Funding Assistance and Budget Committee
To whom it may concern:
The Cloverdale Senior Multipurpose Center would like to request assistance from the City of Cloverdale to fund a portion of this budget cycle. We would like to request the consideration of $25000 for Senior Center Programs and Community Service support.
Senior Center Programs - $15000
As we move toward opening the Center and bringing back our pre-pandemic programs, outreach, and services, we will need to redistribute funding away from current "emergency" focused programs back to our general operating needs. Since the pandemic began, we have added the Cloverdale Community Food Insecurity Task Force and Workgroup, food distribution coordination, and other support work resources during the emergency response. Additionally, a goal is to make special efforts towards diversity, equality, and inclusion in our community outreach and programs. We anticipate the need for funding to bridge the financial gap between newly established programs and previously existing programs.
Associations and Community Collaboration Work (With organizations providing community services to seniors and vulnerable populations of the Cloverdale area.) - $10,000 These funds will assist with some of the program costs of working in collaboration with other organizations in the community, such as La Familia Sana, CERT, Citrus Fair, Kiwanis, Health Action, in Cloverdale’ giving some traction to these worthy community-oriented groups. In addition, we are building up projects in collaboration with St. Josephs Healthcare (Mobile Clinic) and Alexander Valley Healthcare. We are also collaborating with SOS Counseling Services based in Santa Rosa and the Cloverdale Police Department to bring the Youth Diversion Program to Cloverdale while expanding on Behavioral Health counseling locally.
A list of the programs and community service provided by the Senior Center is as follows; 190
Programs Serving our community:
1. We provide and assist with Food Distribution in collaboration with Sonoma County, St. Peters, and the Citrus Fair.
2. Lunch program, three times per week
3. Coffee with the Mayor
4. Low-cost Produce Market every Friday, (except holidays}
5. COPE disaster preparation workshops for Seniors.
6. Life Happens Support Group.
7. SOS Counseling site.
8. Joblink
9. Legal Aid
10. Fiscal Sponsorship, La Familia Sana and Health Action Cloverdale
11. Site use for other service groups like Kiwanis and Local care for local elders.
12. Haircuts
13. Chair massage
14. Flu Shot Clinics
15. Covid Testing
16. Podiatry service
17. Yoga, Chair yoga, Qigong, Strength training, Bean bag baseball, American sign language/
18. Writing your Autobiography (Kay Wells)
19. Tamale making class
20. Bingo, Bunco, Card games, and Puzzle challenges
21. Providence Mobile Health Clinic.
22. Food Security Task Force.
23. Currently spearheading the development of a transportation program We want to assure you that we continue to seek out and apply for alternative funding to support this request. Though we would welcome more support from the City of Cloverdale, we understand the many needs that face our City.
Thank you for your consideration in supporting us as we continue to support our City and community as a whole.
I can provide more details as requested.
Respectfully,
Al Myers
President, Board of Directors
Cloverdale Senior Multipurpose Center
AM: sc
311 North Main Street, Cloverdale, CA 95425
Mailing: P.O. Box 663, Cloverdale, CA 95425 • www.CloverdaleSeniorCenter.com The Cloverdale Senior Multipurpose Center, Federal ID#68-0106405, has tax-exempt status described in Section 501c(3) of the Internal Revenue Code.
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The mission of CSMC is to provide Cloverdale residents with activities, support, resources, and services that encourage participation in community life, promote well-being and independence, and enhance dignity.
707-894-4826 • 311 North Main Street, Cloverdale, CA 95425 Mailing: P.O. Box 663, Cloverdale, CA 95425 • www.CloverdaleSeniorCenter.com The Cloverdale Senior Multipurpose Center, Federal ID#68-0106405, has tax-exempt status described in Section 501c(3) of the Internal Revenue Code.
192
Coronavirus State & Local
Fiscal Recovery Funds:
Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
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2 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions.
The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program. 194
3 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Contents
Introduction ..................................................................................................................................................4 Overview of the Program..............................................................................................................................6 Replacing Lost Public Sector Revenue ..........................................................................................................9 Responding to Public Health and Economic Impacts of COVID-19.............................................................12 Responding to the Public Health Emergency..........................................................................................14 Responding to Negative Economic Impacts............................................................................................16 Assistance to Households ...................................................................................................................17 Assistance to Small Businesses...........................................................................................................21 Assistance to Nonprofits.....................................................................................................................23 Aid to Impacted Industries..................................................................................................................24 Public Sector Capacity.............................................................................................................................26 Public Safety, Public Health, and Human Services Staff .....................................................................26 Government Employment and Rehiring Public Sector Staff...............................................................27 Effective Service Delivery....................................................................................................................28 Capital Expenditures...............................................................................................................................30 Framework for Eligible Uses Beyond those Enumerated .......................................................................32 Premium Pay...............................................................................................................................................35 Water & Sewer Infrastructure ....................................................................................................................37 Broadband Infrastructure ...........................................................................................................................39 Restrictions on Use .....................................................................................................................................41 Program Administration .............................................................................................................................43 195
4 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The program ensures that governments have the resources needed to:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
• Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.
EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water.
As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders.
KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. Among other clarifications and changes, the final rule provides the features below.
Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements.
Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements.
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5 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
In addition, the final rule provides an expanded set of households and communities that are presumed to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis.
Further, the final rule provides a broader set of uses available for these communities as part of COVID19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.
Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.
Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.
Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.
FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program.
However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now, even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s website, for more information on compliance with the interim final rule and the final rule. 197
6 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific.
Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic.
• Recipients may determine their revenue loss by choosing between two options:
• A standard allowance of up to $10 million in aggregate, not to exceed their award amount, during the program;
• Calculating their jurisdiction’s specific revenue loss each year using Treasury’s formula, which compares actual revenue to a counterfactual trend. • Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise.
• Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. • Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. • To provide simple and clear eligible uses of funds, Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups) that experienced pandemic impacts.
• Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence. • Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits. • Each category includes assistance for “impacted” and “disproportionately impacted” classes: impacted classes experienced the general, broad-based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities. • To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services.
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7 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• Eligible uses for assistance to impacted households include aid for reemployment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses.
• Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship, technical assistance for small businesses, and many more uses.
• Recipients can also provide assistance to impacted industries like travel, tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis. • Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule.
Recipients can also identify (1) other populations or groups, beyond those presumed eligible, that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated, to respond to those impacts.
• Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors.
• Recipients may provide premium pay to eligible workers – generally those working inperson in key economic sectors – who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work. • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. • Recipients may fund a broad range of water and sewer projects, including those eligible under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units. • Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program.
While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories. These include:
• For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law.
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8 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability. • For all recipients: No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations.
Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the “period of performance.” In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fund to fund critical capital investments including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information.
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9 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency.
Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements.
In order to use funds under government services, recipients should first determine revenue loss. They may, then, spend up to that amount on general government services.
DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made.
1. Recipients may elect a “standard allowance” of $10 million to spend on government services through the period of performance.
Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.” The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss, particularly for SLFRF’s smallest recipients.
All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less. Electing the standard allowance does not increase or decrease a recipient’s total allocation.
2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule.
Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance. Treasury has also provided several adjustments to the definition of general revenue in the final rule.
To calculate revenue loss at each of these dates, recipients must follow a four-step process:
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10 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
a. Calculate revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the number of months elapsed since the end of the base year to the calculation date:
𝑏𝑎𝑠𝑒 𝑦𝑒𝑎𝑟 𝑟𝑒𝑣𝑒𝑛𝑢𝑒 × (1 + 𝑔𝑟𝑜𝑤𝑡ℎ 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡)
𝑛
12 The growth adjustment is the greater of either a standard growth rate—5.2 percent—or the recipient’s average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months immediately preceding the calculation date.
Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022.
Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue. d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual revenue (adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.
Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date.
The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section. 202
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SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise. Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and
other infrastructure
✓ Health services
✓ General government administration,
staff, and administrative facilities
✓ Environmental remediation
✓ Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well.
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Responding to Public Health and Economic Impacts of COVID-19 The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts.
The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories:
• public health,
• assistance to households,
• assistance to small businesses,
• assistance to nonprofits,
• aid to impacted industries, and
• public sector capacity.
In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted.
To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a nonexhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that experienced pandemic impacts and provide services to those classes. 1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section. 204
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Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions
• Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
• Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact. 2 Then, recipients should refer to the relevant
section for more details on each sub-category.
While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition:
• Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category.
• Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section on “Framework for Eligible Uses Beyond Those Enumerated.” 2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that experienced an impact.
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14 U.S. DEPARTMENT OF THE TREASURY
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RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.
Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health. Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations. • COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include:
✓ Vaccination programs, including vaccine
incentives and vaccine sites
✓ Testing programs, equipment and sites
✓ Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
✓ Public communication efforts
✓ Public health data systems
✓ COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
✓ Medical and PPE/protective supplies
✓ Support for isolation or quarantine
✓ Ventilation system installation and
improvement
✓ Technical assistance on mitigation of
COVID-19 threats to public health and
safety
✓ Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
✓ Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
✓ Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
✓ Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
✓ Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
✓ Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
✓ Public telemedicine capabilities for COVID19 related treatment 206
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• Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including:
✓ Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
✓ Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
✓ Emergency medical response expenses
✓ Treatment of long-term symptoms or effects
of COVID-19
• Behavioral health care, such as mental health treatment, substance use treatment, and other behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’ behavioral health and recipients can provide these services to the general public to respond.
Enumerated eligible uses include:
✓ Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
✓ Enhanced behavioral health services in
schools
✓ Services for pregnant women or infants
born with neonatal abstinence
syndrome
✓ Support for equitable access to reduce
disparities in access to high-quality
treatment
✓ Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
✓ Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
✓ Behavioral health facilities & equipment
• Preventing and responding to violence. Recognizing that violence – and especially gun violence – has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through:
✓ Referrals to trauma recovery services for
victims of crime
✓ Community violence intervention
programs, including:
• Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
✓ In communities experiencing increased
gun violence due to the pandemic:
• Law enforcement officers focused
on advancing community policing
• Enforcement efforts to reduce gun
violence, including prosecution
• Technology & equipment to support
law enforcement response
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16 U.S. DEPARTMENT OF THE TREASURY
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RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery.
The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as “impacted" households, communities, small businesses, and nonprofits.
At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because preexisting disparities exacerbated the impact of the pandemic. The final rule describes these as “disproportionately impacted” households, communities, small businesses, and nonprofits.
To simplify administration of the program, the final rule presumes that certain populations were “impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be eligible for services that respond to the impact they experienced. The final rule also enumerates a nonexhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule.
As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses.
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Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:
✓ Low- or-moderate income households or
communities
✓ Households that experienced
unemployment
✓ Households that experienced increased
food or housing insecurity
✓ Households that qualify for the Children’s
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
✓ When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
✓ When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or (ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines are higher than the area’s median income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible.
Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.
Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.
The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880 per year.3In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts consistent with Treasury’s standards. 3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350 per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year.
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities:
✓ Food assistance & food banks
✓ Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
✓ Health insurance coverage expansion
✓ Benefits for surviving family members of
individuals who have died from COVID-19
✓ Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newlyemployed workers, subsidized employment, grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
✓ Financial services for the unbanked and
underbanked
✓ Burials, home repair & home weatherization
✓ Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
✓ Cash assistance
✓ Paid sick, medical, and family leave programs
✓ Assistance in accessing and applying for
public benefits or services
✓ Childcare and early learning services, home
visiting programs, services for child welfareinvolved families and foster youth & childcare facilities
✓ Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
✓ Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
✓ Certain contributions to an Unemployment
Insurance Trust Fund4
4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement). 210
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Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the pandemic:
✓ Low -income households and communities
✓ Households residing in Qualified Census
Tracts
✓ Households that qualify for certain federal
5 benefits
✓ Households receiving services provided by
Tribal governments
✓ Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or (ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.
Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.
The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626 per year.6In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond.
5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783 per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities:
✓ Pay for community health workers to help
households access health & social services
✓ Remediation of lead paint or other lead
hazards
✓ Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
✓ Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
✓ Investments in neighborhoods to promote
improved health outcomes
✓ Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
✓ Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
✓ Schools and other educational equipment &
facilities
7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds.
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21 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:
1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and
2. Are a small business concern as defined in section 3 of the Small Business Act8(which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).
Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:
8 15 U.S.C. 632.
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✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
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23 U.S. DEPARTMENT OF THE TREASURY
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Assistance to Nonprofits
Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees.
Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations.
Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue (e.g., from donations
and fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:
✓ Nonprofits operating in Qualified Census
Tracts
✓ Nonprofits operated by Tribal
governments or on Tribal lands
✓ Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts.
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Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.
Recipients should first designate an impacted industry and then provide aid to address the impacted industry’s negative economic impact.
This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services.
1. Designating an impacted industry. There are two main ways an industry can be designated as “impacted.”
1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted.
2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,9 or
b. The industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency.
Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision; for example, a state may identify a particular industry in a certain region of a state as impacted.
2. Providing eligible aid to the impacted industry. Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs.
9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September 2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposes of determining whether a particular industry is an impacted industry. 216
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Treasury recognizes the enumerated projects below as eligible responses to impacted industries.
✓ Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
✓ Technical assistance, counseling, or
other services to support business
planning
✓ COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated. 217
26 U.S. DEPARTMENT OF THE TREASURY
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PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports government’s ability to deliver critical COVID-19 services. There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.
Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government, for the portion of the employee’s time spent responding to COVID-19. Recipients should follow the steps below.
1. Identify eligible public safety, public health, and human services staff. Public safety staff include:
✓ Police officers (including state police
officers)
✓ Sheriffs and deputy sheriffs
✓ Firefighters
✓ Emergency medical responders
✓ Correctional and detention officers
✓ Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:
✓ Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
✓ Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
✓ Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:
✓ Employees providing or administering
social services and public benefits
✓ Child welfare services employees
✓ Child, elder, or family care employees
2. Assess portion of time spent on COVID-19 response for eligible staff.
Recipients can use a variety of methods to assess the share of an employees’ time spent responding to COVID-19, including using reasonable estimates—such as estimating the share of time based on discussions with staff and applying that share to all employees in that position.
For administrative convenience, recipients can consider public health and safety employees entirely devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the 218
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employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID19. Primarily dedicated means that more than half of the employee, unit, or division’s time is dedicated to responding to COVID-19.
Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours.
3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of the employees’ time spent on COVID-19 response, as calculated above, through the period of performance.
Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention. • Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic employment, depending on the recipient’s needs.
• If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance.
• If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps:
a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all budgeted positions, filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted prepandemic baseline. c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic. 219
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Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance; these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e., the actual number of FTEs).
• Supporting and retaining public sector workers. Recipients can also use funds in other ways that support the public sector workforce.10 These include:
o Providing additional funding for employees who experienced pay reductions or were furloughed since the onset of the pandemic, up to the difference in the employee’s pay, taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an employee’s regular compensation, narrowly tailored to need, and should not exceed incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees. Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met. • Covering administrative costs associated with administering the hiring, support, and retention programs above.
Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include:
• Supporting program evaluation, data, and outreach through:
10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for details on these uses.
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✓ Program evaluation and evidence
resources
✓ Data analysis resources to gather,
assess, share, and use data
✓ Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
✓ Community outreach and engagement
activities
✓ Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
• Addressing administrative needs, including:
✓ Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
✓ Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
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CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic.
Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds.
Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic’s public health and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class.
For ease of administration, the final rule identifies enumerated types of capital expenditures that Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable subcategory of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no preapproval is required for capital expenditures.
To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients (with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures, which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit their written justification as part of regular reporting. Specifically:
If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to Treasury Written Justification required and recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:
• Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected. 222
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• Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures.
Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets.
Treasury presumes that the following capital projects are generally ineligible:
Construction of new correctional
facilities as a response to an increase in
rate of crime
Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. 223
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FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible:
Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
1. Identify a COVID-19 public health or negative economic impact on an individual or a class.
Recipients should identify an individual or class that is “impacted” or “disproportionately impacted” by the COVID-19 public health emergency or its negative economic impacts as well as the specific impact itself.
• “Impacted” entities are those impacted by the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic.
• “Disproportionately impacted” entities are those that experienced disproportionate public health or economic outcomes from the pandemic; Treasury recognizes that preexisting disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic.
The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level, they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance).
Recipients also have broad flexibility to identify a “class” – or a group of households, small businesses, or nonprofits – that experienced an impact. In these cases, the recipients should 224
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first identify the class and the impact that it faced. Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area.
Recipients should keep the following considerations in mind when designating a class:
• There should be a relationship between the definition of the class and the proposed response. Larger and less-specific classes are less likely to have experienced similar harms, which may make it more difficult to design a response that appropriately responds to those harms.
• Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood.
• Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. To determine these disproportionate impacts, recipients:
o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule), through analysis of their own data, or through analysis of other existing data sources.
o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases.
• Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups.
• Recipients may designate a class based on income level, including at levels higher than the final rule definition of "low- and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services.
2. Design a response that addresses or responds to the impact. Programs, services, and other interventions must be reasonably designed to benefit the individual or class that experienced 225
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the impact. They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible. “Reasonably proportional” refers to the scale of the response compared to the scale of the harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.
For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic. 226
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Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program.
Recipients should undergo the following steps to provide premium pay to eligible workers.
1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity of operations of essential critical infrastructure sectors.” These sectors and occupations are eligible:
✓ Health care
✓ Emergency response
✓ Sanitation, disinfection & cleaning
✓ Maintenance
✓ Grocery stores, restaurants, food
production, and food delivery
✓ Pharmacy
✓ Biomedical research
✓ Behavioral health
✓ Medical testing and diagnostics
✓ Home and community-based health care
or assistance with activities of daily living
✓ Family or child care
✓ Social services
✓ Public health
✓ Mortuary
✓ Critical clinical research, development,
and testing necessary for COVID-19
response
✓ State, local, or Tribal government
workforce
✓ Workers providing vital services to
Tribes
✓ Educational, school nutrition, and other
work required to operate a school
facility
✓ Laundry
✓ Elections
✓ Solid waste or hazardous materials
management, response, and cleanup
✓ Work requiring physical interaction with
patients
✓ Dental care
✓ Transportation and warehousing
✓ Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions.
2. Verify that the eligible worker performs “essential work,” meaning work that:
• Is not performed while teleworking from a residence; and • Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or
b. regular physical handling of items that were handled by, or are to be handled by, patients, the public, or coworkers of the individual that is performing the work. 227
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3. Confirm that the premium pay “responds to” workers performing essential work during the COVID-19 public health emergency. Under the final rule, which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways:
• Eligible worker receiving premium pay is earning (with the premium included) at or below 150 percent of their residing state or county’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; or
• Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or
• If a worker does not meet either of the above requirements, the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential worker’s duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff.
Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers.
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Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change.
Recipients may undertake the eligible projects below:
PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.
PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. 229
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ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be “necessary” according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life.
Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess costeffectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
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Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency. The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake.
Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments.
BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure project:
1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment.
Recipients have broad flexibility to define need in their community. Examples of need could include:
✓ Lack of access to a reliable high-speed
broadband connection
✓ Lack of affordable broadband
✓ Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams.
2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds.
Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further, Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives. 231
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3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either:
✓ Participate in the FCC’s Affordable
Connectivity Program (ACP)
✓ Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs.
CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
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Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply.
OFFSET A REDUCTION IN NET TAX REVENUE
• States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021, through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be repaid to the Treasury.
DEPOSITS INTO PENSION FUNDS
• No recipients except Tribal governments may use this funding to make a deposit to a pension fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:
Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
Occur at the regular time for pension
contributions but is larger than a regular
payment would have been
ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:
• No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds).
• No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use.
However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs. • Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that 233
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights). 234
43 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds, timeline for use of funds, transfer of funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes. This section provides a summary for the most frequently asked questions.
TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026.
TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the locality’s award and increase the state award amounts.
LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions.
NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the nonfederal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.
SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.
ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs. 235
44 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
REPORTING, COMPLIANCE & RECOUPMENT
Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to Treasury.
Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration, the initial notice will be deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment.
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