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3/21/22 COUNCIL AGENDA
CITY OF CRESCENT CITY
Mayor Jason Greenough Mayor Pro Tem Isaiah Wright
Council Member Raymond Altman Council Member Beau Smith Council Member Blake Inscore
MONDAY MARCH 21, 2022 6:00 P.M.
ZOOM PHONE NUMBER: (253) 215-8782
ZOOM WEBINAR ID: 841 9790 7365
MUTE / UNMUTE PRESS *6
RAISE HAND PRESS *9
The public may access and participate in the public meeting using one or more of the following methods:
1) Participate live online via Zoom (details below) or by utilizing the link to join the meeting posted on both the City of Crescent City – City Hall Facebook page and the City of Crescent City website (www.crescentcity.org), public comment may be made by using the raise hand feature on Zoom;
2) Watch the meeting via livestream on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 3) Public comments may be made in advance by submitting written comment via [email protected] or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the City Council and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting.
Notice regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (707)464-7483, ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-
35.104 ADA Title II]. For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, Crescent City, CA or on our website:
www.crescentcity.org
AGENDA
REGULAR CITY COUNCIL MEETING
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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OPEN SESSION
Call to order
Roll call
Pledge of Allegiance
*Moment of silence for the loved ones we have lost to COVID-19*
PUBLIC COMMENT PERIOD
Any member of the audience is invited to address the City Council on any matter that is within the jurisdiction of the City of Crescent City. Comments of public interest or on matters appearing on the agenda are accepted. Note, however, that the Council is not able to undertake extended discussion or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward the entire Council. Any comments that are not at the microphone are out of order and will not be a part of the public record. After receiving recognition from the Mayor, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes. The public is additionally allotted three minutes each in which to speak on any item on the agenda prior to any action taken by the Council.
CEREMONIAL ITEMS
1. Child Abuse Prevention Month Proclamation
CONSENT CALENDAR
2. Council Meeting Minutes
• Recommendation: Approve the March 7, 2022 regular meeting minutes of the City Council.
3. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period January 29, 2022, through February 11, 2022 and for the period February 12, 2022, through February 25, 2022.
4. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending March 12, 2022, paid March 18, 2022.
5. Budget-to-Actual Financial Reports for February 2022 • Recommendation: Receive and file monthly budget-to-actual financial reports of the City’s major operating funds for month of February 2022
6. Wastewater Treatment Plant Digester Cleaning
• Recommendation: Approve and authorize the City Manager to sign a Small Public Works Agreement between the City of Crescent City and Wastewater Solids Management, Inc. for the purpose of solids removal and cleaning of two anaerobic digesters at the City of Crescent City Wastewater Treatment Plant • Approve and adopt Resolution No. 2022-21, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY
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7. Del Norte Solid Waste Management Authority Revised Trespass Ordinance Approval • Recommendation: Approve the revised Del Norte Solid Waste Management Authority Ordinance No. 2022-01 as presented
8. Water Capacity Study for Elk Valley Rancheria Under Water Wheeling Agreement • Recommendation: Approve and adopt Resolution No. 2022-22, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY
• Ratify the City Manager’s signature of the Amendment to Task Order 20 with Stover Engineering for BOVCSD Water System Capacity Analysis
9. State Water Board Arrearages Payment Program – Wastewater Funding • Recommendation: Authorize the submittal of an application for funding under the State Water Board Arrearages Payment Program for Wastewater and authorize the resumption of water disconnections for delinquent water and water/sewer accounts as presented
PUBLIC HEARING
10. Adoption of Waste Disposal Reduction Ordinance
• Recommendation: Open the public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comments
• Further Council discussion
• Close the public hearing
• Waive full reading, read by title only and adopt Ordinance No. 828, AN ORDINANCE
OF THE CITY OF CRESCENT CITY AMENDING THE CRESCENT CITY MUNICIPAL CODE BY ADDING CHAPTER 8.32, ORGANIC WASTE DISPOSAL REDUCTION, TO TITLE 8, HEALTH AND SAFETY
ADJOURN TO THE CRESCENT CITY HOUSING AUTHORITY
CALL TO ORDER
ROLL CALL
CONSENT CALENDAR
11. Meeting Minutes
• Recommendation: Approve the January 24, 2022 regular meeting minutes of the Crescent City Housing Authority.
NEW BUSINESS – None
PUBLIC HEARING
12. Annual Plan Submission FY22
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Board
• Receive public comment
• Further Board discussion
• Close public hearing
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• Approve and adopt Resolution No. HA2022-01, A RESOLUTION OF THE
CRESCENT HOUSING AUTHORITY APPROVING AND AUTHORIZING
EXECUTION OF THE FY22 PHA ANNUAL PLAN AND CERTIFYING COMPLIANCE
OF THE PLAN AND ITS RELATED REGULATIONS TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
ADJOURNMENT
Adjourn the Crescent City Housing Authority Board of Directors to the next regularly scheduled meeting of the Housing Authority of April 18, 2022 at Flynn Center, 981 H Street, Crescent City, CA 95531
RECONVENE THE CITY COUNCIL MEETING
REPORTS AND PRESENTATIONS - None
NEW BUSINESS
13. MOU with Del Norte County and Del Norte Solid Waste Management Authority Regarding SB 1383 Implementation
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve a Memorandum of Understanding Between the Jurisdictions of Del Norte County, City of Crescent City, and the Del Norte Solid Waste Management Authority Regarding Implementation of SB 1383 Regulations for Rural Jurisdictions and Defined in Section 4269.8 of the Public Resources Code
• Receive public comment
• Technical questions from the Council
• Recommendation: Hear staff report
16. Selection of Council Member for the Fire Chief Interview Panel soaring gas prices
writing letters to state and federal lawmakers requesting relief for taxpayers in light of • Take such action and/or direct staff as necessary and appropriate, possibly including • Further Council discussion
• Receive public comment
• Technical questions from the Council
• Recommendation: Hear staff report
15. Gas Taxes and Gas Prices
2021-22 BUDGET OF THE CITY OF CRESCENT CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR • Approve and adopt Resolution No. 2022-20, A RESOLUTION OF THE CITY Software Licenses for Del Norte County District Attorney’s Office • Approve a Memorandum of Understanding with Del Norte County for Axon Video • Further Council discussion
• Receive public comment
• Technical questions from the Council
• Recommendation: Hear staff report
14. MOU for Axon Video Software Licenses for Del Norte County District Attorney’s Office 5 | P a g e
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• Further Council discussion
• Select a Council Member to be a panelist for the Fire Chief Interview
CITY COUNCIL ITEMS
➢ Legislative Matters – Consider miscellaneous legislative matters pertinent to the City of Crescent City. Authorize the Mayor to sign the appropriate letters and/or positions with respect to such matters.
➢ City Manager Report and City Council Directives – Pursuant to Crescent City Municipal Code § 2.08.200, the City Council may instruct the city manager on matters of importance to the administrative services of the City and provide direction with respect to subordinates of the City Manager. (Directives from individual Council Members that are not objected to by any member present shall be considered an order of the City Council.) ➢ Reports, Concerns, Referrals, Council travel and training reports – In accordance with Gov’t Code § 54954.2(a), City Council Members may make brief announcements or brief reports on their own activities. They may ask questions for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda.
ADJOURNMENT
Adjourn to the regular meeting of the City Council of the City of Crescent City scheduled for Monday, April 4, 2022 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
POSTED:
March 17, 2022
/s/ Robin Patch
City Clerk/Administrative Analyst
Vision:
The City of Crescent City will continue to stand the test of time and promote quality of life and community pride for our residents, businesses and visitors through leadership, diversity, and teamwork.
Mission:
The purpose of our city is to promote a high quality of life, leadership and services to the residents, businesses, and visitors we serve. The City is dedicated to providing the most efficient, innovative and economically sound municipal services building on our diverse history, culture and unique natural resources.
Values:
Accountability
Honesty & Integrity
Excellent Customer Service
Effective & Active Communication
Teamwork
Fiscally Responsible
Moment of silence
for the loved ones we have lost to COVID-19
Proclamation
of the
City of Crescent City
WHEREAS, The City of Crescent City recognizes that every moment of a child’s life is an opportunity to learn and that the quality of these experiences may determine whether a child succeeds in school or in life and that all children need caring and loving adults in their lives, and;
WHEREAS, the City acknowledges that our children are our greatest resource and that our future will be determined by their innovative talents, ideas, and leadership, and; WHEREAS, the role of our people is to accept the responsibility of ensuring that every child experiences an environment at home, at childcare, and at school that will promote the best possible development and;
WHEREAS, all communities have the responsibility of offering parents the education, support and skills needed to provide healthy, safe and nurturing homes for their children, NOW, THEREFORE, BE IT PROCLAIMED that the City Council of Crescent City hereby recognizes the month of April 2022, as Child Abuse Prevention Month and urges the community to support the efforts of the Del Norte Child Abuse Prevention Council, First 5 Del Norte, Del Norte Child Care Council, Family Resource Center of the Redwoods, Del Norte County Juvenile Court, CASA of Del Norte, Del Norte County Health and Human Services, the Del Norte County Unified School District, the City of Crescent City, licensed foster care homes, public and private agencies and programs advocating for children in Crescent City, and parents who already provide a safe, loving and nurturing environment to their children, free of any outside intervention.
CHILD ABUSE PREVENTION MONTH
_________________________________
Mayor Jason Greenough
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3/7/22 COUNCIL MINUTES
CITY OF CRESCENT CITY
Mayor Jason Greenough Mayor Pro Tem Isaiah Wright
Council Member Raymond Altman Council Member Beau Smith Council Member Blake Inscore
MONDAY MARCH 7, 2022 6:00 P.M.
OPEN SESSION
Call to order Mayor Greenough called the meeting to order at 6:04 p.m.
Roll call Council Members present: Council Member Ray Altman, Council Member Blake Inscore, Council Member Beau Smith, Mayor Pro Tem Isaiah Wright, and Mayor Jason Greenough
Staff present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Patch, Public Works Director Jon Olson, Finance Director Linda Leaver, Human Resources Manager Sunny Valero, and Police Chief Richard Griffin Pledge of Allegiance led by Mayor Greenough
*Moment of silence for Del Norte County Supervisor Bob Berkowitz and community member Thomas Barnes*
Roger Gitlin spoke on the passing of Supervisor Berkowitz and Mr. Barnes and their contributions to this community.
PUBLIC COMMENT PERIOD
The following citizens addressed the Council:
Roger Gitlin: spoke in support of item 13, SB 1538 and HR 980 and asked for the Council to support the item as well.
Annie Neimer: asked about the pool and if there was an accounting for how the Measure S Funds are being used for the pool.
CEREMONIAL ITEMS
1. Police Chief Commendation for Police Officer Alex Pearson
MINUTES
REGULAR CITY COUNCIL MEETING
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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Police Chief Griffin explained how he and Sgt. Gill worked together to get a program started to train officers to triage victims during situations where EMS or firefighters are unable to be. Chief Griffin explained that there were three simultaneous overdoses in the Del Norte County Jail and Officer Pearson ended up saving all three individuals by performing life saving techniques learned through extensive training.
CONSENT CALENDAR
2. Council Meeting Minutes
• Recommendation: Approve the January 24, 2022 regular meeting minutes and the February 17, 2022 special meeting minutes of the City Council.
3. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period January 29, 2022, through February 11, 2022 and for the period February 12, 2022, through February 25, 2022.
4. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending February 12, 2022, paid February 18, 2022 and for the period ending February 26, 2022, paid March 4, 2022.
5. Budget-to-Actual Financial Reports for January 2022
• Recommendation: Receive and file monthly budget-to-actual financial reports of the City’s major operating funds for month of January 2022
6. Del Norte Solid Waste Management Authority Trespass Ordinance Approval • Recommendation: Approve Del Norte Solid Waste Management Authority Ordinance 2022-01 as introduced by its governing board on February 15, 2022
7. Rehabilitation of the Library Parking Lot Notice of Completion • Recommendation: Approve and authorize the City Manager to sign and file a Notice of Completion for the Library Parking Lot Rehabilitation Project
8. Library Parking Lot Tree Removal Notice of Completion • Recommendation: Approve and authorize the City Manager to sign a Notice of Completion for the Library Parking Lot Tree Removal Project
9. Election of the City to be a Representative for the GSRMA Board of Directors • Recommendation: Vote for the City of Crescent City to represent the city district representative position on the GSRMA Board of Directors for the 2022-24 term There were no public comments.
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City adopted the consent calendar consisting of items 2-9 as presented.
PUBLIC HEARING
10. Crescent City Sanitary Sewer Management Plan Update • Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
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• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-14, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING THE UPDATED
CRESCENT CITY SEWER SYSTEM MANAGEMENT PLAN
Mayor Greenough opened the public hearing at 6:22 p.m. Director Olson reported to the Council that an updated Sewer System Management Plan (SSMP) in compliance with the requirements of the State Water Resource Control Board (SWRCB). The SSMP is a living document and will be updated as needed to reflect changes.
There were no public comments
On a motion by Council Member Inscore, seconded by Council Member Smith, and carried 5-0 on a polled vote the City of Crescent City approved and adopted Resolution No. 2022-14, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING THE UPDATED CRESCENT CITY SEWER SYSTEM MANAGEMENT PLAN.
Mayor Greenough closed the public hearing 6:25 p.m.
11. Wastewater Industrial Pretreatment Program – Update to Local Limits • Recommendation: Hear staff report
• Continue the public hearing to April 18, 2022 and direct staff to re-notice the hearing Mayor Greenough opened the public hearing at 6:25 p.m.
City Attorney Rice explained that since the publication was in the paper, but not all parties were given sufficient notice as required by law, therefore public hearing would have to be continued so that can occur.
There were no public comments.
On a motion by Council Member Smith, seconded by Council Member Altman and carried on a 5-0 polled vote, the City Council of the City of Crescent City continued the public hearing to April 18, 2022 and directed staff to re-notice the hearing.
REPORTS AND PRESENTATIONS - None
NEW BUSINESS
12. Organic Waste Disposal Reduction Ordinance Introduction • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Introduce, waive full reading, read by title only, Ordinance No. 828, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE CRESCENT CITY MUNICIPAL CODE BY ADDING CHAPTER 8.32, ORGANIC WASTE DISPOSAL REDUCTION, TO TITLE 8, HEALTH AND SAFETY City Attorney Rice explained the ordinance in detail and the purpose behind the drafting the ordinance according to new laws. The final SB 1383 Regulations require local jurisdictions to 4 | P a g e
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implement a variety of programs, including providing mandatory organics collection services to all residents and businesses, conducting education and outreach to the community, procuring recycled organic products, establishing edible food recovery programs, securing access to recycling and food recovery capacity, and monitoring compliance and conducting enforcement.
Both Del Norte County and the City of Crescent City have been granted a rural exemption from CalRecycle, which suspends the requirement to implement mandatory organics collection and products procurement until January 1, 2027. Crescent City did receive a rural exemption, however there are still regulatory items the City will have to adhere to; therefore, the necessity of the ordinance being introduced this evening. CalRecycle requires the City adopt this ordinance before April 1, 2022. City Attorney Rice went over the list of items that the City is required to follow regarding food recovery. The arrangement is to have the DNSWMA to do a lot of this but it still is the City’s responsibility to make sure they are followed.
There were no public comments
On a motion by Mayor Pro Tem Wright, seconded by Council Member Inscore, and carried on a 5-0 polled vote, the City Council of the City of Crescent City introduced, waived full reading, and read by title only, Ordinance No. 828, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CRESCENT CITY AMENDING THE CRESCENT CITY MUNICIPAL CODE BY ADDING CHAPTER 8.32, ORGANIC WASTE DISPOSAL REDUCTION, TO TITLE 8, HEALTH AND SAFETY.
13. Letters of Support for S 1538 (Expansion of Smith River National Recreation Area) and HR 980 (SW Oregon Mineral Withdrawal)
• Recommendation: Hear staff report / presentation from Grant Werschkull of Smith River Alliance
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Possible action(s):
o Authorize the Mayor to sign letter(s) of support for S 1538: The Smith River National Recreation Area Expansion Act
o Authorize the Mayor to sign a letter of support for HR 980: The Southwestern Oregon Watershed and Salmon Protection Act
City Attorney Rice reported to the Council that Mr. Werschkull of Smith River Alliance has requested these letters of support. This item will expand the Smith River National Recreation Area into southern Oregon by adding approximately 58,000 acres that are currently part of the Rogue River-Siskiyou National Forest. This area encompasses the Oregon headwaters of the North Fork Smith River. Mr. Werschkull reported to the Council that nickel strip mining has been opposed by several local agencies due to the effect it would have on water. Mr. Werschkull gave a PowerPoint Presentation illustrating the damaging effects of nickel mining and the effect it has on the environment. Council Member Smith asked about South Coast Lumber and if they had been approached to submit a letter of support. Mr. Werschkull stated he was unaware if South Coast Lumber had been contacted but knew that Green Diamond had been. Council Member Smith stated that he makes his living off natural resources and does not want to see the water effected.
Mayor Greenough asked about Josephine County not supporting this as they do not want to lose local control. Mr. Werschkull stated that there is none of this in Josephine County, it’s in Curry County and Curry County has fully supports this item. Josephine has not taken any stance on the Smith River National Recreation Area Expansion Act. The Del Norte Board of Supervisors has offered letters of support for this. Council Member Inscore asked what the timing was for the letters of support as he would like to have the Chamber of Commerce to offer letters of support.
There were no public comments
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On a motion by Mayor Pro Tem Wright, seconded by Council Member Inscore and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City authorized the Mayor to sign letters of support for S 1538: The Smith River National Recreation Area Expansion Act and authorized the Mayor to sign a letter of support for HR 980: The Southwestern Oregon Watershed and Salmon Protection Act.
14. Fiscal Year 2021-22 Mid-Year Budget Update
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-15, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY AND POSITION CONTROL • Approve and adopt Resolution No. 2022-16, A RESOLUTION OF THE CITY OF
CRESCENT CITY APPROVING PAYMENT BY THE GENERAL FUND TO THE
WATER FUND
Finance Director Leaver gave a detailed PowerPoint presentation outlining the mid-year budget for 2021-22. The actual results of FY 202-21 were better than anticipated when thus year’s budget was developed, and the current year revenues are higher than projected. Since we are not spending the total allocated amount, we have more flexibility. General Fund Revenue – sales tax +$175k (new budget $2m), Measure S +$700k (new budget $2m), Transient Occupancy Tax - +$400k (new budget $1.8m) (this is $360k higher than we normally are at this time of the year) There has been an increase in revenue of $1.4million. Successor Agency (SA): the Water Fund made a loan to Redevelopment Agency (RDA), then State dissolved RDA. The Successor Agency is responsible for paying of the approved loans. SA is approved to pay the Water Fund loan but only 80% can go to repay the original source and 20% must be deposited into the Housing fund; the City disagrees but must follow State regulation. In order to keep the Water Fund whole (Water Fund should be repaid 100% of its loan) staff recommends the general fund make up the 20% difference: $143,225 (includes Interest) which is a one-time cost. If all revenues and expenses come in exactly as the new budget proposes, the general fund balance at the end of this year would be $4,021,075. There are no recommended changes for the HA revenue. RV Park decrease in wages/benefits, no change in revenue. Director Leaver went over a few position control changes: CCPD vacancies filled with either a lateral hire or a recruit as needed; RV Park – increase one part-time employee to cover vacancies; Pool – additional part-time lifeguards for swim lessons; Parks – change one seasonal maintenance worker to full-time. The reason for the change from part-time to full-time is that it has been difficult to fill the part-time spot, therefore if there are more hours and benefits, it would be easier to fill the vacancy.
There were no public comments.
Council Member Inscore stated he supports the Water Fund repayment, the set aside that accumulates will be used for our community as well. The Chamber of Commerce has done a great job marketing Crescent City and it shows in the TOT numbers we have at this point. Council Member Inscore stated that he anticipates the Chamber and VB to come before the Council and ask for more funding. Council Member Smith agreed with Council Member Inscore on the repayment of the Water Fund. The Council was in support of discussions to increase the funding to the Chamber of Commerce at a future agenda. Council Member Inscore stated his concern for the RV Park position control and is it enough? Director Leaver stated that we just hired a full-time supervisor which is the first time we’ve had that position. City Manager Wier stated there is a parttime position as well and additional hosts (more than we have ever had). Once the Recreation 6 | P a g e
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Director comes on board, there will be an increase in hours from 7am – 7pm. Director Leaver when we meet next week to discuss priorities we will talk further about the cost of gas, etc.
There were no public comments.
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2022-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY AND POSITION CONTROL.
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2022-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING PAYMENT BY THE GENERAL FUND TO THE WATER FUND.
15. Proposition 68 State Parks Program and Per Capita Grant Funding Agreements • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign the grant agreements for both the 2018 Parks Bond Act Per Capita grant and the 2018 Parks Bond Act Statewide Park Development and Community Revitalization grant
• Approve and adopt Resolution No. 2022-17, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY
• Direct staff to draft and release an RFQ for engineering design and construction management services for the portions of the Beachfront Park Master Plan funded by Prop 68 grants
City Manager Wier reported to the Council In December 2021, the City was notified it was one of only approximately 100 applications to be awarded Statewide Park funding. That funding amount was in the amount of $5 million and allocated to fund the following projects: Park entry at Stamps Way, Bike Park - Pump Track, Tolowa Cultural Interpretive Area with Indigenous Plantings, one mile Class 1 Trail/Exercise Loop, and new ADA Playground. The City was also granted $177,952 in Per Capita funding, and the Council approved this allocation to fund the Paths of Culture project on the west side of the park adjacent to the pool and the Tolowa Cultural Interpretive Area.
The grants will fund not only design of the selected priority projects, but they will also fund their construction. The first step in the process will include selection of a design team and putting that team under contract for design development. The design team will develop plans, specifications, and construction cost estimates while working closely with various committees including cultural, playground/recreation, and City staff. To meet the timeframe of the grants, the design and construction will most likely be completed in two phases. Phase 1, which will include the Per Capita funded projects and select projects within the State Parks Program will be designed in 2022 and constructed in 2023, and Phase 2 which will include the remainder of the State Parks Grant will be designed in 2023 and constructed in 2024. To meet the grant timelines the Per Capita funded project needs to be complete by June 30, 2024, and the Statewide Parks funded project by June 30, 2025.
There were no public comments.
On a motion by Council Member Smith, seconded by Council Member Inscore and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and 7 | P a g e
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authorized the City Manager to sign the grant agreements for both the 2018 Parks Bond Act Per Capita grant and the 2018 Parks Bond Act Statewide Park Development and Community Revitalization grant, approved and adopted Resolution No. 2022-17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY, and directed staff to draft and release an RFQ for engineering design and construction management services for the portions of the Beachfront Park Master Plan funded by Prop 68 grants.
16. Wastewater Treatment Facility Influent Gate Improvement Gate Project Plan Approval and Authorization to Bid
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve Plans and Specifications for the Wastewater Treatment Facility (WWTF) Influent Gate and direct staff to advertise for bid
• Approve and adopt Resolution No. 2022-18, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY
Director Olson reported to the Council this is the first stop of where the water hits the WWTP. It’s from the 1950’s, therefore it is time for a replacement. There is a contract with Jacobs to do a replacement or repair and the plans and specs have been designed. Council Member Inscore asked if the gate is being scaled to the maximum size for any future flows; wants to make sure it’s not undersized. Director Olson stated that the gate is not, and the critical flow path goes through the primary clarifier which is one of the bottlenecks in the WWTP.
There were no public comments.
On a motion by Council Member Inscore, seconded by Mayor Pro Tem Wright and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved Plans and Specifications for the Wastewater Treatment Facility (WWTF) Influent Gate and directed staff to advertise for bid, approved and adopted Resolution No. 2022-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY.
17. Procedures for Street Name Change Requests
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-19, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY APPROVING PROCEDURES FOR
STREET NAME CHANGE REQUESTS
City Attorney Rice stated it will require a supermajority (2/3) consent from property owners whose address will change is required; Planning Commission public hearing – all affected property owners will be notified by mail; notice will be published in the newspaper; no renumbering of house numbers, no name changes mid-block or mid-street where there is not a clear delineation of street segments, such as a bend or physical obstruction; Planning Commission will either deny the request or recommend it for approval and forward the request to the City Council; if the Planning Commission denies the request, then the requesting party may appeal that denial to the City Council; City Council public hearing - all affected property owners will be notified by mail; 8 | P a g e
3/7/22 COUNCIL MINUTES
notice will be published in the newspaper; and the decision to approve or deny a request to change a street name is completely within the discretion of the City Council There were no public comments.
Ona motion by Mayor Pro Tem Wright, seconded by Council Member Inscore and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2022-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPROVING PROCEDURES FOR STREET NAME CHANGE REQUESTS.
CITY COUNCIL ITEMS
➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported on the following:
o Clean California Grant – we were not funded. It was a competitive grant; this is the first round of funding, so we will reapply next year after we get the grant evaluation. o RAISE grant – this is an extremely competitive grant for large projects. This funding will help with Front Street and the improvements of Beachfront Park, this will be the 4 th time submitting an application for this funding and the application is due mid-April o RMAP/LEAP was submitted today – we have received full accreditation the last three years.
o Mayor Greenough and the City Manager Wier met with Senator McGuire and spoke to him about ways he can help our City
o The Priority Projects Meeting will have discussions on projects and Measure S funds o The pool will close for a short period of time (one week) to have some thorough cleaning will be done as well as deck painting
o Recruitments – new RV Park Supervisor is Victor Cordova o Recreation Director had second interviews last week, a decision will be made soon o Fire Chief was a successful recruitment
o IT Tech recruitment is almost complete
o Equipment Operator recruitment is ongoing
Council Member Inscore stated that regarding the Healthcare District, if they would like to continue to fund swim lessons, they should be approached. The Council was in consensus with the City asking the District for swim lessons. Council Member Inscore suggested a proclamation in recognition of the Healthcare District and what they have done to ensure children in the community get swim lessons.
➢ Reports, Concerns, Referrals, Council travel and training reports – Council Member Smith: stated his appreciation for Del Norte Little League and all the work they have done on Petersen Park. Spoke to his concern with the local fuel prices. The Council was in consensus to place the discussion of the fuel prices on a future agenda.
Council Member Inscore: Chamber Executive Committee met with Lucky 7 Casino which was very productive.
Mayor Greenough: met with Senator McGuire and discussions about how he could help push some things through for us (grants, etc).
ADJOURNMENT
There being no further business to come before the Council, Mayor Greenough adjourned the meeting at 8:23 p.m. to the special workshop with the City Council of the City of Crescent City 9 | P a g e
3/7/22 COUNCIL MINUTES
scheduled for Tuesday, March 15, 2022 at 5:30 p.m. in the large conference room of the Wastewater Treatment Plant, 210 Battery Street, Crescent City, CA 95531.
ATTEST:
___________________________
Robin Patch
City Clerk/Administrative Analyst
Accounts Payable
User:
Printed:
crawlings
3/14/2022 3:33 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH PERS1 PERS Health 03/07/2022 0.00 52,951.04
ACH EDDTAX State of California EDD TAX Auto Pay 03/07/2022 0.00 3,929.04 ACH FITTAX FIT Payroll Taxes Auto Pay 03/07/2022 0.00 18,431.41 ACH PERS2 Public Emp Retirement Sys 03/07/2022 0.00 25,775.23 ACH FITTAX FIT Payroll Taxes Auto Pay 03/07/2022 0.00 393.82 440212 JAISHIV Jai Shiv Shambhu, Inc 03/01/2022 0.00 16,646.11 440213 CASTATE CA State Disbursement Unit 03/07/2022 0.00 158.76 440214 WAMUTU Crescent City Employees Association 03/07/2022 0.00 65.00 440215 CCPOLI Crescent City Police Officer's Association 03/07/2022 0.00 500.00 440216 ICMARE Icma Retirement Trust-457 03/07/2022 0.00 4,031.33 440217 REDWMO Kevin J Caldwell MD Inc 03/07/2022 0.00 2,916.00 440218 AMFAM American Family Life 03/07/2022 0.00 1,799.45 440219 AMLIF Ameritas Life Ins. Corp. 03/07/2022 0.00 4,769.28 440220 CLEA California Law Enforcement Association 03/07/2022 0.00 245.00 440221 MYERSS Myers-Stevens & Toohey Co Inc 03/07/2022 0.00 105.00 440222 STANDAI Standard Insurance Company 03/07/2022 0.00 2,223.23 440223 VISION Vision Service Plan 03/07/2022 0.00 1,105.05 440224 ICMARE Icma Retirement Trust-457 03/07/2022 0.00 3,003.38 440225 ATTClets A T & T Corp 03/10/2022 0.00 97.06
440226 APPLYALI Apply-A-Line Inc. 03/10/2022 0.00 864.00 440227 BLUEST Blue Star Gas Associates 03/10/2022 0.00 9,199.78 440228 BOOKCTR BookingCenter.com LLC 03/10/2022 0.00 150.00 440229 BORGESJA Jason Borges 03/10/2022 0.00 18.00
440230 CURRYE Brad Coleman Inc 03/10/2022 0.00 48.28
440231 CRENNE C Renner Petroleum Inc 03/10/2022 0.00 11,397.33 440232 CAMPTO Campton Electric Inc 03/10/2022 0.00 270.24 440233 CASCAD Cascade Fire Equipment Company 03/10/2022 0.00 1,941.11 440234 CHARTEC Charter Communications 03/10/2022 0.00 813.15 440235 CORTEZJ Jose Cortez 03/10/2022 0.00 800.00
440236 DAILYT Country Media Inc. 03/10/2022 0.00 1,034.51 440237 DAYWIR Day Management Corporation 03/10/2022 0.00 4,410.54 440238 MISSVS Virginia Delatorre 03/10/2022 0.00 3,080.00 440239 UB*05474 ROBERT DEREGO 03/10/2022 0.00 164.37
440240 EFFDEL Efficiency Delivery LLC 03/10/2022 0.00 60.00 440241 ENGLUN Englund Marine Supply Co. 03/10/2022 0.00 66.12 440242 FASTENAL Fastenal Company 03/10/2022 0.00 405.43 440243 FEDEX Federal Express Corporation 03/10/2022 0.00 81.53 440244 FERGUS Ferguson US Holdings Inc 03/10/2022 0.00 5,858.13 440245 FRESWATE Freshwater Environmental Services Inc 03/10/2022 0.00 3,182.50 440246 VERIZO2 Frontier California Inc 03/10/2022 0.00 2,724.55 440247 NAPA GDMI ENT INC 03/10/2022 0.00 148.42
440248 GEORGE George Petty Inc 03/10/2022 0.00 693.58
440249 GRAING Grainger 03/10/2022 0.00 667.03
440250 HDFOWLER H. D. Fowler Company, Inc 03/10/2022 0.00 1,853.17 440251 HARDY Hardy Diagnostics 03/10/2022 0.00 1,295.78 440252 HDLASSOC Hinderliter deLlamas & Associates 03/10/2022 0.00 1,136.53 440253 Home Dep Home Depot Credit Services 03/10/2022 0.00 2,500.10 AP Checks by Date - Summary by Check Number (3/14/2022 3:33 PM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 440254 INDEPE Independent Business Forms, Inc 03/10/2022 0.00 291.92 440255 INFOSEND Infosend Inc. 03/10/2022 0.00 1,772.89
440256 RECALL Iron Mountain 03/10/2022 0.00 94.92
440257 J&LLEAS J & L Leasing 03/10/2022 0.00 535.31
440258 KWASV Victor Kwasnikow 03/10/2022 0.00 25.00
440259 LNCURT L.N. Curtis & Sons 03/10/2022 0.00 3,720.53 440260 INMOTIO Ryan LaThorpe 03/10/2022 0.00 199.00
440261 LEAVERL Linda Leaver 03/10/2022 0.00 798.16
440262 LEXISNEX LexisNexis Risk Data Management Inc 03/10/2022 0.00 150.00 440263 THRIFT Malcolm Kelly Inc. 03/10/2022 0.00 995.67 440264 MISSIO Mission Linen Supply 03/10/2022 0.00 539.50 440265 UB*05476 JANE MORAN 03/10/2022 0.00 227.16
440266 MORJON Mor-Jon Inc 03/10/2022 0.00 63.95
440267 PIECEBY Harley Munger 03/10/2022 0.00 5,000.00
440268 NCCENT NCL of Wisconsin Inc 03/10/2022 0.00 217.69 440269 NCLAB North Coast Laboratories LTD 03/10/2022 0.00 275.00 440270 NORTHR Northridge Electric LLC 03/10/2022 0.00 10,144.00 440271 OFFICEDE Office Depot 03/10/2022 0.00 128.35
440272 JACOBS Operations Management International, Inc. 03/10/2022 0.00 245,889.47 440273 FRANKO Orca Heating & Refrigeration Inc 03/10/2022 0.00 248.00 440274 OREILLY O'Reilly Auto Enterprises LLC 03/10/2022 0.00 157.92 440275 OTIS E Otis Elevator Company Inc 03/10/2022 0.00 323.09 440276 MENDES Pacific Packaging & Supply Co Inc 03/10/2022 0.00 325.13 440277 PAPEMAC2 Pape Group Inc, The 03/10/2022 0.00 516.44 440278 SUPERI Petrusha Enterprises Inc 03/10/2022 0.00 76.50 440279 RAYMOR Ray A Morgan Company LLC 03/10/2022 0.00 132.44 440280 DNDISP Recology Del Norte 03/10/2022 0.00 3,329.92 440281 REDSKY Red Sky Inc. 03/10/2022 0.00 7,609.98
440282 SPRING SBRK Finance Holdings, Inc 03/10/2022 0.00 1,965.80 440283 UB*05475 AMANDA SHARP-PIERINI 03/10/2022 0.00 227.16 440284 SHNCON SHN Consulting Engineers & Geologists Inc 03/10/2022 0.00 4,632.50 440285 QUILLC Staples 03/10/2022 0.00 169.34
440286 DNOFFI Debra Stover 03/10/2022 0.00 295.34
440287 STOVER Ward Stover 03/10/2022 0.00 16,879.25
440288 TWOGUY T.G. Manufacturing Inc 03/10/2022 0.00 5.44 440289 TERMIN Terminix International 03/10/2022 0.00 433.00 440290 UNIVAR Univar Solutions USA Inc. 03/10/2022 0.00 6,889.73 440291 CALCARDS US Bank Corporate Pmt Systems 03/10/2022 0.00 13,510.44 440292 VERIZO3 Verizon Wireless Services LLC 03/10/2022 0.00 297.79 440293 WESTCOP West Coast Paper Co 03/10/2022 0.00 247.25 440294 CACEHA Wiececke and Associates 03/10/2022 0.00 1,509.19 Report Total (88 checks): 0.00 524,859.54
AP Checks by Date - Summary by Check Number (3/14/2022 3:33 PM) Page 2 AP
2-26-22 to 3-11-22 Council
User: crawlings
Printed: 3/14/2022 3:34:52 PM
Check Num Check Date Acct 1 Description Amount Selected For V 0 3/7/2022 610-000-2185-00000 PR Batch 00333.02.2022 State Income Tax 45.96 False 0 3/7/2022 610-000-2185-00000 PR Batch 00011.03.2022 State Income Tax 1,797.26 False 0 3/7/2022 610-000-2185-00000 PR Batch 00001.03.2022 State Income Tax 2,085.82 False 0 3/7/2022 610-000-2188-00000 PR Batch 00333.02.2022 Medicare Employee Portion 20.71 False 0 3/7/2022 610-000-2188-00000 PR Batch 00011.03.2022 Medicare Employer Portion 967.33 False 0 3/7/2022 610-000-2188-00000 PR Batch 00001.03.2022 Medicare Employer Portion 1,189.08 False 0 3/7/2022 610-000-2189-00000 PR Batch 00333.02.2022 Federal Income Tax 134.04 False 0 3/7/2022 610-000-2188-00000 PR Batch 00001.03.2022 Medicare Employee Portion 1,189.08 False 0 3/7/2022 610-000-2188-00000 PR Batch 00333.02.2022 Medicare Employer Portion 20.71 False 0 3/7/2022 610-000-2189-00000 PR Batch 00001.03.2022 Federal Income Tax 7,502.80 False 0 3/7/2022 610-000-2189-00000 PR Batch 00011.03.2022 Federal Income Tax 6,440.33 False 0 3/7/2022 610-000-2188-00000 PR Batch 00011.03.2022 Medicare Employee Portion 967.33 False 0 3/7/2022 610-000-2188-00000 PR Batch 00911.03.2022 Medicare Employee Portion 144.59 False 0 3/7/2022 610-000-2189-00000 PR Batch 00911.03.2022 Federal Income Tax 104.64 False 0 3/7/2022 610-000-2188-00000 PR Batch 00911.03.2022 Medicare Employer Portion 144.59 False 0 3/7/2022 001-111-4125-00000 Mar 22 Admin Fees 117.94 False 0 3/7/2022 610-000-2173-00000 Mar 22 Premiums 47,174.33 False 0 3/7/2022 001-111-4125-00000 Mar 22 Admin Fees-Retirees 26.77 False 0 3/7/2022 630-000-4125-00000 Mar 22 Premiums- Retirees 5,632.00 False 0 3/7/2022 610-000-2187-00000 PR Batch 00011.03.2022 EE Contribution 4,669.82 False 0 3/7/2022 610-000-2187-00000 PR Batch 00001.03.2022 Survivor Benefit 29.76 False 0 3/7/2022 610-000-2187-00000 PR Batch 00011.03.2022 Survivor Benefit 16.90 False 0 3/7/2022 610-000-2187-00000 PR Batch 00001.03.2022 Service Credit Purchase 413.20 False 0 3/7/2022 610-000-2187-00000 PR Batch 00333.02.2022 EE Contribution 96.43 False 0 3/7/2022 610-000-2187-00000 PR Batch 00011.03.2022 ER Contribution 6,805.53 False 0 3/7/2022 610-000-2187-00000 PR Batch 00333.02.2022 Survivor Benefit 0.93 False 0 3/7/2022 610-000-2187-00000 PR Batch 00001.03.2022 EE Contribution 5,901.35 False 0 3/7/2022 610-000-2187-00000 PR Batch 00001.03.2022 ER Contribution 7,732.89 False 0 3/7/2022 610-000-2187-00000 PR Batch 00333.02.2022 ER Contribution 108.42 False 440212 3/1/2022 001-000-3220-00000 Lawsuit settlement agreement (Natha v. City of Crescent City) 16,646.11 False 440213 3/7/2022 610-000-2170-00000 PR Batch 00001.03.2022 Child Support-CA 158.76 False 440214 3/7/2022 610-000-2184-00000 PR Batch 00011.03.2022 CCEA Monthly Dues 5.00 False 440214 3/7/2022 610-000-2184-00000 PR Batch 00001.03.2022 CCEA Monthly Dues 60.00 False 440215 3/7/2022 610-000-2181-00000 PR Batch 00011.03.2022 CCPOA Dues 500.00 False 440216 3/7/2022 610-000-2178-00000 Plan #300878 427.36 False 440216 3/7/2022 610-000-2186-00000 Plan #306752 734.85 False 440216 3/7/2022 610-000-2186-00000 Plan 3306752 154.12 False 440216 3/7/2022 610-000-2178-00000 Plan #300878 800.00 False 440216 3/7/2022 610-000-2178-00000 Plan #300878 1,915.00 False 440217 3/7/2022 001-230-4407-00000 Annual Fire Exams 2,916.00 False 440218 3/7/2022 610-000-2174-00000 Mar 22 Premiums 1,799.45 False 440219 3/7/2022 610-000-2177-00000 Mar 22 Premiums 4,769.28 False 440220 3/7/2022 610-000-2179-00000 Mar 22 Premiums 245.00 False 440221 3/7/2022 001-240-4125-00000 Mar 22 Premiums 105.00 False 440222 3/7/2022 610-000-2179-00000 Mar 22 Premiums 2,223.23 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 1 of 10 X 4
Check Num Check Date Acct 1 Description Amount Selected For V 440223 3/7/2022 610-000-2175-00000 Mar 22 Premiums 1,105.05 False 440224 3/7/2022 610-000-2186-00000 Plan #306752 589.49 False 440224 3/7/2022 610-000-2178-00000 Plan #300878 2,290.28 False 440224 3/7/2022 610-000-2186-00000 Plan #306752 123.61 False 440225 3/10/2022 001-240-4230-00000 Clets Line Maintenance -2/1-2/28/22 97.06 False 440226 3/10/2022 001-364-4450-2020s Various striping throughout CC/DNC for FY22 392.73 False 440226 3/10/2022 001-364-4450-10025 Various striping throughout CC/DNC for FY22 471.27 False 440227 3/10/2022 001-240-4450-00000 1/14-2/15/22 Propane Service 24.20 False 440227 3/10/2022 001-480-4220-2020s Propane ; 1/14-2/15/22 9,164.58 False 440227 3/10/2022 001-471-4220-00000 1/14-2/14/22 Propane Service 11.00 False 440228 3/10/2022 412-100-4450-00000 Booking service 2/1-2/28/22 150.00 False 440229 3/10/2022 508-508-4930-00000 Per diem for travel 2/23/22 to pick up vehicle in Oakland 18.00 False 440230 3/10/2022 001-470-4390-00000 chain 48.28 False
440231 3/10/2022 508-508-4330-00000 Dielsel fuel and gas for equipment/vehicles/generators 6,644.08 False 440231 3/10/2022 001-240-4330-00000 Fuel for patrol cars 1,164.40 False 440231 3/10/2022 508-508-4330-00000 Dielsel fuel and gas for equipment/vehicles/generators 3,258.26 False 440231 3/10/2022 001-240-4330-00000 Fuel for patrol cars 330.59 False 440232 3/10/2022 001-364-4350-10023 conduit 270.24 False 440233 3/10/2022 001-230-4390-2020s 2 hose rollers w/brackets, 2 vehicle hitch brackets 1,941.11 False 440234 3/10/2022 419-371-4230-00000 broadband for security2/25-3/24/22 89.99 False 440234 3/10/2022 412-100-4230-00000 Internet Service -3/1-3/31/22 169.98 False 440234 3/10/2022 419-371-4230-00000 broadband for security2/26-3/25/22 89.99 False 440234 3/10/2022 001-240-4230-00000 Internet Service - 03/01-03/29/22 134.98 False 440234 3/10/2022 001-111-4230-00000 Internet Service -2/27-3/26/22 5.04 False 440234 3/10/2022 001-113-4230-00000 Internet Service -2/27-3/26/22 13.65 False 440234 3/10/2022 001-114-4230-00000 Internet Service -2/27-3/26/22 13.65 False 440234 3/10/2022 001-350-4230-00000 Internet Service -2/27-3/26/22 10.08 False 440234 3/10/2022 001-470-4230-00000 Internet Service -2/27-3/26/22 2.94 False 440234 3/10/2022 001-313-4230-00000 Internet Service -2/27-3/26/22 3.78 False 440234 3/10/2022 413-111-4230-00000 Internet Service -2/27-3/26/22 3.99 False 440234 3/10/2022 001-364-4230-00000 Internet Service -2/27-3/26/22 4.62 False 440234 3/10/2022 001-251-4230-00000 Internet Service -2/27-3/26/22 6.09 False 440234 3/10/2022 419-120-4230-00000 Internet Service -2/27-3/26/22 25.62 False 440234 3/10/2022 419-111-4230-00000 Internet Service -2/27-3/26/22 4.41 False 440234 3/10/2022 001-250-4230-00000 Internet Service -2/27-3/26/22 1.68 False 440234 3/10/2022 419-371-4230-00000 Internet Service -2/27-3/26/22 15.74 False 440234 3/10/2022 413-353-4230-00000 Internet Service -2/27-3/26/22 4.41 False 440234 3/10/2022 001-120-4230-00000 Internet Service -2/27-3/26/22 28.35 False 440234 3/10/2022 412-100-4230-00000 Internet Service -2/27-3/26/22 4.62 False 440234 3/10/2022 001-230-4230-00000 Cable & Internet Service-1/20-2/19/22 118.23 False 440234 3/10/2022 001-471-4230-00000 Internet Service -2/27-3/26/22 2.94 False 440234 3/10/2022 420-115-4230-00000 Internet Service -2/27-3/26/22 13.64 False 440234 3/10/2022 413-352-4230-00000 Internet Service -2/27-3/26/22 11.13 False 440234 3/10/2022 413-120-4230-00000 Internet Service -2/27-3/26/22 27.30 False 440234 3/10/2022 001-480-4230-00000 Internet Service -2/27-3/26/22 2.94 False 440235 3/10/2022 001-230-4550-00000 EMT Certifiction reimbursment FY 21/22 800.00 False 440236 3/10/2022 001-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 413-353-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 001-364-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 413-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 001-313-4430-00000 Planning Commission Notice 206.93 False 440236 3/10/2022 413-353-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 420-115-4407-00000 IT/GIS Tech Job Ad 27.00 False 440236 3/10/2022 412-100-4407-00000 RV Park Supervisor Job Ad 29.00 False 440236 3/10/2022 413-120-4407-00000 Finance Analyst Job Ad 9.00 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 2 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440236 3/10/2022 419-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 412-100-4407-00000 RV Park Supervisor Job Ad 29.00 False 440236 3/10/2022 001-480-4407-00000 Pool Relief Supervisor Job Ad 30.00 False 440236 3/10/2022 001-480-4407-00000 Relief Pool Supervisor Job Ad 30.00 False 440236 3/10/2022 001-112-4407-00000 Comm Dev & Rec Director Job Ad 30.00 False 440236 3/10/2022 001-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 413-353-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 001-112-4407-00000 Community Dev & Rec Director Job Ad 30.00 False 440236 3/10/2022 001-112-4407-00000 Econ Dev & Rec Director Job Ad 30.00 False 440236 3/10/2022 001-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 001-350-4407-00000 Office Tech Job Ad 29.00 False 440236 3/10/2022 419-371-4407-00000 EMOT I/II Job Ad 13.50 False 440236 3/10/2022 419-371-4407-00000 EMOT I/II Job Ad 13.50 False 440236 3/10/2022 420-115-4407-00000 IT/GIS Tech Job Ad 27.00 False 440236 3/10/2022 001-350-4407-00000 Engineerng Tech Job Ad 44.60 False 440236 3/10/2022 419-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 419-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 419-371-4407-00000 EMOT I/II Job Ad 13.50 False 440236 3/10/2022 413-352-4430-00000 Public Notice 120.15 False 440236 3/10/2022 420-115-4407-00000 IT/GIS Tech Job Ad 27.00 False 440236 3/10/2022 001-364-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 419-371-4407-00000 EMOT I/II Job Ad 13.50 False 440236 3/10/2022 413-120-4407-00000 Finance Analyst Job Ad 9.00 False 440236 3/10/2022 413-353-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 001-364-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 001-350-4407-00000 Office Tech Job Ad 29.00 False 440236 3/10/2022 001-364-4407-00000 EMOT I/II Job Ad 6.75 False 440236 3/10/2022 001-313-4430-00000 Planning Commission Notice 126.83 False 440237 3/10/2022 940-240-4930-2020s Service on Emergency equipment for new truck 580.68 False 440237 3/10/2022 940-240-4930-2020s Emergency equipment for new truck 3,829.86 False 440238 3/10/2022 001-470-4450-00000 Janitorial services for public restrooms1/23-2/19/22 1,960.00 False 440238 3/10/2022 412-100-4450-00000 Janitorial services for public restrooms 1/23-2/19/22 1,120.00 False 440239 3/10/2022 419-000-2110-00000 Refund Check 110324-000, 562 KELLER AVE 164.37 False 440240 3/10/2022 413-352-4470-00000 Sample delivery to NCL 30.00 False 440240 3/10/2022 413-352-4470-00000 Sample delivery to NCL 30.00 False 440241 3/10/2022 506-506-4390-00000 gloves 4.14 False
440241 3/10/2022 508-508-4390-00000 hose nozzle 30.34 False 440241 3/10/2022 508-508-4390-00000 corrosion block 31.64 False 440242 3/10/2022 001-364-4390-10025 Supplies 135.15 False 440242 3/10/2022 413-353-4390-00000 Supplies 135.14 False 440242 3/10/2022 419-371-4390-00000 Supplies 135.14 False 440243 3/10/2022 001-113-4409-00000 SB 90 claims 81.53 False 440244 3/10/2022 419-371-4390-00000 18x19 CVR SLD H2H2 parts 1,468.01 False 440244 3/10/2022 419-371-4390-00000 3/4", 1", 6", and 8" repair clamps to repair water services and 4,390.12 False 440245 3/10/2022 413-352-4409-00000 Regulatory compliance 1,140.00 False 440245 3/10/2022 419-371-4409-00000 Regulatory compliance 2,042.50 False 440246 3/10/2022 001-480-4230-00000 707-464-6940 monthly phone 3/1-3/29/22 67.63 False 440246 3/10/2022 001-471-4230-00000 707-465-3914 monthly phone 3/1-3/29/22 77.45 False 440246 3/10/2022 419-371-4230-00000 Water System Phone Bill 707-1006 -2/13-3/12/22 29.94 False 440246 3/10/2022 419-371-4230-00000 City Hall Shared Phone- 3/1-3/29/22 58.35 False 440246 3/10/2022 412-100-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.86 False 440246 3/10/2022 001-350-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 1.86 False 440246 3/10/2022 001-113-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 2.51 False 440246 3/10/2022 413-120-4230-00000 707-465-6208 monthly phone 3/1-3/29/22 36.13 False 440246 3/10/2022 413-352-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 2.05 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 3 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440246 3/10/2022 001-470-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.54 False 440246 3/10/2022 001-470-4230-00000 City Hall Shared Phone- 3/1-3/29/22 10.90 False 440246 3/10/2022 001-364-4230-00000 City Hall Shared Phone- 3/1-3/29/22 17.12 False 440246 3/10/2022 001-471-4230-00000 City Hall Shared Phone- 3/1-3/29/22 10.89 False 440246 3/10/2022 420-115-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 2.52 False 440246 3/10/2022 001-350-4230-00000 707-464-9506 monthly phone 3/1-3/29/22 166.60 False 440246 3/10/2022 001-350-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 1.86 False 440246 3/10/2022 419-371-4230-00000 Water System Phone 464-2826 -2/13-3/12/22 70.63 False 440246 3/10/2022 001-111-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.93 False 440246 3/10/2022 419-371-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 2.91 False 440246 3/10/2022 001-350-4230-00000 City Hall Shared Phone- 3/1-3/29/22 37.34 False 440246 3/10/2022 413-111-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.73 False 440246 3/10/2022 001-114-4230-00000 City Shared Phone- 3/1-3/29/22 50.58 False 440246 3/10/2022 001-114-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 2.51 False 440246 3/10/2022 001-471-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.54 False 440246 3/10/2022 419-120-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 4.72 False 440246 3/10/2022 001-111-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.93 False 440246 3/10/2022 001-470-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.54 False 440246 3/10/2022 413-352-4230-00000 City Hall Shared Phone- 3/1-3/29/22 41.24 False 440246 3/10/2022 001-313-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.70 False 440246 3/10/2022 419-111-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.82 False 440246 3/10/2022 001-113-4230-00000 City Hall Shared Phone - 3/1-3/29/22 50.58 False 440246 3/10/2022 001-480-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.54 False 440246 3/10/2022 420-115-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 2.52 False 440246 3/10/2022 419-111-4230-00000 City Hall Shared Phone- 3/1-3/29/22 16.34 False 440246 3/10/2022 001-120-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 5.22 False 440246 3/10/2022 413-120-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 5.03 False 440246 3/10/2022 413-111-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.74 False 440246 3/10/2022 001-480-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.54 False 440246 3/10/2022 001-313-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.70 False 440246 3/10/2022 001-114-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 2.51 False 440246 3/10/2022 001-250-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.31 False 440246 3/10/2022 001-480-4230-00000 City Hall Shared Phone- 3/1-3/29/22 10.89 False 440246 3/10/2022 001-230-4230-00000 707-464-9113 monthly phone 3/1-3/29/22 -8.41 False 440246 3/10/2022 413-352-4230-00000 WWTP phone 3/1-3/29/22 280.17 False 440246 3/10/2022 001-250-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.31 False 440246 3/10/2022 001-240-4230-00000 Radio to Sherriff -2/13-3/12/22 31.11 False 440246 3/10/2022 419-371-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 2.90 False 440246 3/10/2022 001-364-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.85 False 440246 3/10/2022 419-371-4230-00000 707-465-3386 Water Scada Phone2/14-3/13/22 82.76 False 440246 3/10/2022 420-115-4230-00000 City Hall Shared Phone- 3/1-3/29/22 50.57 False 440246 3/10/2022 001-313-4230-00000 City Hall Shared Phone- 3/1-3/29/22 14.00 False 440246 3/10/2022 001-240-4230-00000 707-464-2133 monthly phone 3/1-3/29/22 183.35 False 440246 3/10/2022 413-353-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.81 False 440246 3/10/2022 001-251-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 1.12 False 440246 3/10/2022 001-471-4230-00000 Cult Cntr Elev Alrm 707-464-4582 3/1-3/29/22 75.70 False 440246 3/10/2022 413-120-4230-00000 City Hall Shared Phone- 3/1-3/29/22 101.15 False 440246 3/10/2022 419-371-4230-00000 707-001-0001 SCADA telemetry link2/28-3/27/22 42.72 False 440246 3/10/2022 001-251-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 1.12 False 440246 3/10/2022 412-100-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.85 False 440246 3/10/2022 413-353-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.81 False 440246 3/10/2022 419-120-4230-00000 707-465-6208 monthly phone 3/1-3/29/22 36.12 False 440246 3/10/2022 001-120-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 5.23 False 440246 3/10/2022 001-480-4230-00000 Pool Phone 465-5761 - 3/1-3/29/22 136.35 False 440246 3/10/2022 419-120-4230-00000 707-464-6517 monthly phone3/1-3/29/22 19.35 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 4 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440246 3/10/2022 001-113-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 2.52 False 440246 3/10/2022 001-364-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.85 False 440246 3/10/2022 413-352-4230-00000 Treatment Plant Phone: 465-3054 3/1-3/29/22 176.65 False 440246 3/10/2022 412-100-4230-00000 City Hall Shared Phone- 3/1-3/29/22 17.12 False 440246 3/10/2022 001-120-4230-00000 City Hall Shared Phone - 3/1-3/29/22 105.04 False 440246 3/10/2022 419-111-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 0.81 False 440246 3/10/2022 413-352-4230-00000 707 465-1719 upstairs fax 3/1-3/29/22 2.05 False 440246 3/10/2022 001-251-4230-00000 City Hall Shared Phone- 3/1-3/29/22 22.57 False 440246 3/10/2022 413-351-4230-00000 707 465-5275 Lab Phone Line 3/1-3/29/22 140.23 False 440246 3/10/2022 419-120-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 4.72 False 440246 3/10/2022 413-120-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 5.03 False 440246 3/10/2022 001-250-4230-00000 City Hall Shared Phone- 3/1-3/29/22 6.23 False 440246 3/10/2022 413-120-4230-00000 707-464-6517 monthly phone3/1-3/29/22 19.35 False 440246 3/10/2022 419-120-4230-00000 City Hall Shared Phone- 3/1-3/29/22 94.93 False 440246 3/10/2022 001-111-4230-00000 City Hall Shared Phone - 3/1-3/29/22 18.67 False 440246 3/10/2022 508-508-4230-00000 707-464-9565 monthly phone3/1-3/29/22 125.49 False 440246 3/10/2022 413-111-4230-00000 City Hall Shared Phone- 3/1-3/29/22 14.79 False 440246 3/10/2022 413-353-4230-00000 City Hall Shared Phone- 3/1-3/29/22 16.33 False 440246 3/10/2022 001-471-4230-00000 707 465-4405 downstairs fax 3/1-3/29/22 0.54 False 440247 3/10/2022 508-508-4390-00000 shift tubes #14 81.88 False 440247 3/10/2022 508-508-4390-00000 air filter 66.54 False 440248 3/10/2022 508-508-4390-00000 Service 585.86 False 440248 3/10/2022 508-508-4390-00000 Service for 3 vehicles 107.72 False 440249 3/10/2022 001-480-4390-00000 air filter 63.94 False 440249 3/10/2022 412-100-4390-00000 GFCI receptacle 292.08 False 440249 3/10/2022 508-508-4390-00000 throttle cables 87.86 False 440249 3/10/2022 001-230-4391-00000 work light 124.39 False 440249 3/10/2022 508-508-4390-00000 warning light 98.76 False 440250 3/10/2022 419-371-4390-00000 3/4" and 1" brass fittings 1,853.17 False 440251 3/10/2022 413-351-4390-00000 Microbiological testing: ATCC organisms, dehydrated media, steri 1,295.78 False 440252 3/10/2022 001-120-4409-00000 Sales tax reporting & auditing Jan - Mar 22 1,136.53 False 440253 3/10/2022 419-371-4390-00000 lumber/glove 24.92 False 440253 3/10/2022 419-371-4390-00000 blower for cold shot pipe freezer 183.37 False 440253 3/10/2022 001-480-4390-00000 cleaner/mop/hose 217.00 False 440253 3/10/2022 001-470-4390-00000 3/8" nipples 18.79 False 440253 3/10/2022 001-470-4390-00000 paint 61.55 False
440253 3/10/2022 413-353-4390-00000 simple green 104.00 False 440253 3/10/2022 506-506-4390-00000 battery 24.92 False 440253 3/10/2022 508-508-4390-00000 scrub sponges 9.31 False 440253 3/10/2022 506-506-4390-00000 flood lights 118.27 False 440253 3/10/2022 001-470-4390-00000 cement/pvc 54.47 False 440253 3/10/2022 506-506-4390-00000 door knob 8.65 False 440253 3/10/2022 001-470-4390-00000 ext cord/wagner flexio 252.72 False 440253 3/10/2022 001-364-4390-10025 tools 61.75 False
440253 3/10/2022 001-470-4390-00000 paint 123.10 False
440253 3/10/2022 001-480-4390-00000 audio cable 7.02 False 440253 3/10/2022 001-480-4390-00000 pipe/adapters 22.37 False 440253 3/10/2022 419-371-4390-00000 connectors/nipples 24.35 False 440253 3/10/2022 419-371-4390-00000 inline GFCI/block 81.86 False 440253 3/10/2022 001-364-4390-10025 lumber/glove 24.93 False 440253 3/10/2022 506-506-4390-00000 brushes/roller/tray 56.96 False 440253 3/10/2022 001-470-4390-00000 broom, mop, wringer 130.10 False 440253 3/10/2022 001-364-4390-10025 miter saw/screws/washers 33.79 False 440253 3/10/2022 001-470-4390-00000 hipress sodium 68.25 False 440253 3/10/2022 508-508-4390-00000 foam/trim 22.00 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 5 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440253 3/10/2022 419-371-4390-00000 pvc 6.60 False
440253 3/10/2022 506-506-4390-00000 strip light/light 233.21 False 440253 3/10/2022 413-353-4390-00000 lumber/glove 24.93 False 440253 3/10/2022 508-508-4390-00000 cable tie pack 51.29 False 440253 3/10/2022 419-371-4390-00000 tubing cutter/framing csb 117.62 False 440253 3/10/2022 001-480-4390-00000 groover/edger/concrete patch 52.18 False 440253 3/10/2022 001-471-4390-00000 wrenches 39.62 False 440253 3/10/2022 413-356-4390-35022 clamp set/ferrule set 24.63 False 440253 3/10/2022 508-508-4390-00000 steel roller stand 32.52 False 440253 3/10/2022 506-506-4390-00000 water 30.24 False
440253 3/10/2022 506-506-4390-00000 switch 22.54 False
440253 3/10/2022 001-364-4390-10025 water 20.16 False
440253 3/10/2022 419-371-4390-00000 sanding pads 33.17 False 440253 3/10/2022 419-371-4390-00000 shovel 37.95 False
440253 3/10/2022 001-470-4390-00000 paint/bolts 38.99 False 440255 3/10/2022 413-120-4240-00000 UB mailing service 886.44 False 440255 3/10/2022 419-120-4240-00000 UB mailing service 886.45 False 440256 3/10/2022 001-113-4450-00000 Shred Service 94.92 False 440257 3/10/2022 001-230-4390-00000 supplies 455.31 False 440257 3/10/2022 001-230-4390-00000 supplies 80.00 False 440258 3/10/2022 001-480-3716-00000 Refund of Rental Deposit 25.00 False 440259 3/10/2022 001-230-4391-2020s 12 fire hoses 2,319.41 False 440259 3/10/2022 001-230-4390-2020s 8 Fire Vulcan LED litebox 1,401.12 False 440260 3/10/2022 508-508-4390-00000 City logos 199.00 False 440261 3/10/2022 419-120-4530-00000 CSMFO Conf: meals, lyft, 2/10-19/21 266.06 False 440261 3/10/2022 413-120-4530-00000 CSMFO Conf: meals, lyft, 2/10-19/21 266.05 False 440261 3/10/2022 001-120-4530-00000 CSMFO Conf: meals, lyft, 2/10-19/21 266.05 False 440262 3/10/2022 001-240-4409-00000 Monthly service fee- Jan 22 150.00 False 440263 3/10/2022 419-371-4390-00000 brass union/bushings 69.71 False 440263 3/10/2022 412-100-4390-00000 top spud closet 228.61 False 440263 3/10/2022 001-470-4390-00000 ASM metal 697.35 False 440264 3/10/2022 413-353-4320-00000 Laundry service/uniforms 28.96 False 440264 3/10/2022 413-351-4320-00000 Laundry service/uniforms 13.68 False 440264 3/10/2022 413-351-4320-00000 gloves 147.56 False 440264 3/10/2022 508-508-4320-00000 Laundry service/uniforms 22.96 False 440264 3/10/2022 001-480-4320-00000 Pool mats 22.58 False 440264 3/10/2022 413-351-4320-00000 Laundry service/uniforms 19.36 False 440264 3/10/2022 413-351-4320-00000 Laundry service/uniforms 13.68 False 440264 3/10/2022 001-480-4320-00000 Pool mats 22.58 False 440264 3/10/2022 001-480-4320-00000 Pool mats 12.78 False 440264 3/10/2022 508-508-4320-00000 Laundry service/uniforms 22.96 False 440264 3/10/2022 413-353-4320-00000 Laundry service/uniforms 26.18 False 440264 3/10/2022 001-120-4370-00000 City Hall mats 16.26 False 440264 3/10/2022 508-508-4320-00000 Laundry service/uniforms 22.96 False 440264 3/10/2022 413-353-4320-00000 Laundry service/uniforms 26.18 False 440264 3/10/2022 508-508-4320-00000 Laundry service/uniforms 20.18 False 440264 3/10/2022 001-480-4320-00000 Pool mats 22.58 False 440264 3/10/2022 001-120-4370-00000 Pool mats 16.26 False 440264 3/10/2022 413-351-4320-00000 Laundry service/uniforms 19.36 False 440264 3/10/2022 001-120-4370-00000 City Hall mats 16.26 False 440264 3/10/2022 413-353-4320-00000 Laundry service/uniforms 26.18 False 440265 3/10/2022 419-000-2110-00000 Refund Check 107991-000, 801 SPRUCE ST 227.16 False 440266 3/10/2022 508-508-4390-00000 mud flaps 25.09 False 440266 3/10/2022 508-508-4390-00000 tubing 9.29 False
440266 3/10/2022 508-508-4390-00000 o-rings/mud flaps 29.57 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 6 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440267 3/10/2022 001-112-4434-00000 Sister City mural 5,000.00 False 440268 3/10/2022 413-351-4390-00000 ACS Chemicals, reagents, equipment, and misc supplies 217.69 False 440269 3/10/2022 419-371-4470-00000 External regulatory lab tests for water utilities, lead and copp 55.00 False 440269 3/10/2022 413-352-4470-00000 external regulatory lab tests for sewer 160.00 False 440269 3/10/2022 413-352-4470-00000 external regulatory lab tests for sewer 60.00 False 440270 3/10/2022 001-364-4450-2020s On-call electrical work, streetlight replacement, other work 1,206.00 False 440270 3/10/2022 001-364-4450-2020s On-call electrical work, streetlight replacement, other work 8,938.00 False 440272 3/10/2022 413-352-4409-00000 Annual contract WWTP operations including maint 130,048.46 False 440272 3/10/2022 413-000-1202-00000 Annual contract WWTP operations including maint -14,207.45 False 440272 3/10/2022 413-352-4409-00000 Annual contract WWTP operations including maint-Mar 22 130,048.46 False 440273 3/10/2022 413-351-4450-00000 Heat Pump service 248.00 False 440274 3/10/2022 508-508-4390-00000 relect tape 136.58 False 440274 3/10/2022 001-240-4391-00000 capsule 4.86 False
440274 3/10/2022 508-508-4390-00000 light 16.48 False
440275 3/10/2022 001-471-4450-00000 Elevator maintenance Mar 22 323.09 False 440276 3/10/2022 508-508-4390-00000 supplies 162.95 False 440276 3/10/2022 508-508-4390-00000 floor finish 132.78 False 440276 3/10/2022 001-230-4370-00000 supplies 29.40 False 440277 3/10/2022 508-508-4390-00000 clutches 516.44 False 440278 3/10/2022 001-480-4450-00000 3/1-5/31/22 Alarm Services 76.50 False 440279 3/10/2022 001-350-4450-00000 Samsung/SL-K7400 usage 11/09/21-02/08/22 132.44 False 440280 3/10/2022 412-100-4225-00000 refuse disposal- Feb 22 3,329.92 False 440281 3/10/2022 506-506-4450-00000 Roofing replacement at Corp Yard Carpenter's Shop 7,609.98 False 440282 3/10/2022 413-120-4415-00000 Online and IVR utility payments 982.90 False 440282 3/10/2022 419-120-4415-00000 Online and IVR utility payments 982.90 False 440283 3/10/2022 419-000-2110-00000 Refund Check 107743-000, 770 BUTTE ST 227.16 False 440284 3/10/2022 001-313-4409-00000 Amendment 2: engineering contract to include LEAP 720.00 False 440284 3/10/2022 001-313-4409-00000 Amendment 2: engineering contract to include SB2 3,912.50 False 440285 3/10/2022 413-353-4310-00000 office supplies 56.45 False 440285 3/10/2022 419-371-4310-00000 office supplies 56.44 False 440285 3/10/2022 001-350-4310-00000 office supplies 56.45 False 440286 3/10/2022 001-480-4310-00000 office supplies 73.89 False 440286 3/10/2022 419-120-4310-00000 File pockets 45.14 False 440286 3/10/2022 001-480-4310-00000 office supplies 23.84 False 440286 3/10/2022 419-371-4390-00000 office supplies 14.77 False 440286 3/10/2022 001-114-4310-00000 Binders 17.46 False 440286 3/10/2022 413-120-4310-00000 File pockets 45.14 False 440286 3/10/2022 001-114-4310-00000 Business cards 17.11 False 440286 3/10/2022 001-350-4310-00000 office supplies 12.85 False 440286 3/10/2022 001-120-4310-00000 File pockets 45.14 False 440287 3/10/2022 419-371-4409-00000 Task Order 20 BOVCSD Capacity Study 111.00 False 440287 3/10/2022 419-371-4409-00000 Create water model of City's water dist system 10,124.75 False 440287 3/10/2022 413-352-4409-00000 Task Order 14 - Recycled Water Feasibility Study 3,098.75 False 440287 3/10/2022 419-371-4409-00000 Risk and resiliency assessment for the CC Water System 3,047.00 False 440287 3/10/2022 419-371-4409-00000 Task Order 20 BOVCSD Capacity Study 497.75 False 440288 3/10/2022 508-508-4390-00000 clearance light 5.44 False 440289 3/10/2022 001-471-4450-00000 4/1/22-4/30/23 Renewal service 433.00 False 440290 3/10/2022 419-371-4340-00000 Sodium Hypochlorite 820.21 False 440290 3/10/2022 413-000-1202-00000 Sod Hypo 12.5% liquid chlor 6,069.52 False 440291 3/10/2022 420-115-4312-00000 AMAZON: router for testing 48.81 False 440291 3/10/2022 419-120-4530-00000 CSMFO Conf: reg, flight, hotel, L.Leaver, 2/10-19/21 344.43 False 440291 3/10/2022 413-353-4312-00000 AMAZON: LCD UPS system 179.21 False 440291 3/10/2022 419-371-4312-00000 AMAZON: LCD UPS system 179.21 False 440291 3/10/2022 001-230-4390-00000 AMAZON: flash drives for Chief's computer 49.86 False 440291 3/10/2022 412-100-4390-00000 HOME DEPOT: plunger/sweeper/tags/rack 34.16 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 7 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440291 3/10/2022 420-115-4450-00000 ZOOM: staff remote/public meeting access 299.87 False 440291 3/10/2022 001-230-4390-00000 AMAZON: generator light 75.94 False 440291 3/10/2022 001-480-4390-00000 AMAZON: Lights RETURN -11.45 False 440291 3/10/2022 508-508-4390-00000 PAYPAL: Replacement AP for Corp Yard 141.05 False 440291 3/10/2022 001-480-4530-00000 STARGUARD: Lifeguard Training 500.00 False 440291 3/10/2022 001-230-4390-00000 HOME DEPOT: SCBA batteries 33.19 False 440291 3/10/2022 419-371-4530-00000 ATYOURPACEONLINE: CE Certifications-Wier 190.00 False 440291 3/10/2022 420-115-4450-00000 DUO.COM: MFA for admin accounts 30.00 False 440291 3/10/2022 420-115-4450-00000 GOLDEN NUGGET: Room deposit for 2 National Missing Persons Conf 133.68 False 440291 3/10/2022 001-230-4395-00000 WPSG,INC: bunker boots 1,408.76 False 440291 3/10/2022 420-115-4450-00000 SPAM HERO: spam filtering 10.00 False 440291 3/10/2022 508-508-4390-00000 AMAZON: seat covers 296.78 False 440291 3/10/2022 508-508-4530-00000 ACT*CAFIREMECANIC: Jason Borges training 735.00 False 440291 3/10/2022 506-506-4390-00000 GREENTEK ENERGY: LED tubes 323.50 False 440291 3/10/2022 420-115-4390-00000 AMAZON: containers 94.37 False 440291 3/10/2022 413-120-4530-00000 CSMFO Conf: reg, flight, hotel, L.Leaver, 2/10-19/21 344.43 False 440291 3/10/2022 420-115-4450-00000 DNSFILTER.COM: DNS filtering 88.00 False 440291 3/10/2022 420-115-4310-00000 AMAZON: bankers boxes for filing 30.37 False 440291 3/10/2022 001-470-4390-00000 WALMART: fabric 10.07 False 440291 3/10/2022 001-120-4530-00000 CSMFO Conf: reg, flight, hotel, L.Leaver, 2/10-19/21 344.43 False 440291 3/10/2022 412-100-4230-00000 DISH: 1/25-2/24/22 service 773.58 False 440291 3/10/2022 001-480-4390-00000 WALMART: supplies 50.38 False 440291 3/10/2022 001-470-4390-00000 AMAZON: mats 95.41 False 440291 3/10/2022 419-371-4390-00000 WALMART: Janitorial supplies 42.57 False 440291 3/10/2022 420-115-4312-00000 AMAZON: NAS hard drives 494.76 False 440291 3/10/2022 413-353-4390-00000 WALMART: Janitorial supplies 42.57 False 440291 3/10/2022 420-115-4312-00000 AMAZON: cellphone cases 56.36 False 440291 3/10/2022 412-100-4390-00000 HOME DEPOT: paper towels 27.63 False 440291 3/10/2022 420-115-4450-00000 2COCOM*MALWAREB: single license renewal Maylwarebytes 39.99 False 440291 3/10/2022 420-115-4450-00000 ZOOM.US: staff remote/public meeting access 299.87 False 440291 3/10/2022 420-115-4450-00000 FUTUREQUEST: Tsunami kiosk webhosting 8.95 False 440291 3/10/2022 420-115-4450-00000 DNSFILTER: DNS filtering 88.00 False 440291 3/10/2022 001-313-4311-00000 AMAZON: power cord for computer 29.28 False 440291 3/10/2022 001-480-4390-00000 101LAUNDROMAT: cleaning supplies 15.95 False 440291 3/10/2022 001-480-4390-00000 RITE AID: First aid supplies 13.66 False 440291 3/10/2022 420-115-4450-00000 FUTUREQUEST: Tsunami kiosk webhosting 8.95 False 440291 3/10/2022 420-115-4450-00000 DUO.COM: MFA for admin accounts 30.00 False 440291 3/10/2022 001-480-4378-00000 WALMART: non-tax food 57.92 False 440291 3/10/2022 506-506-4390-00000 GREENTEK ENERGY: LED tubes -91.00 False 440291 3/10/2022 508-508-4312-00000 PAYPAL: replacement AIOprinter for Fleet Mgr 474.42 False 440291 3/10/2022 001-230-4530-2020S SIERRA RESCUE-MOTo: swift water rescue- Grant Hodges 465.00 False 440291 3/10/2022 420-115-4310-00000 AMAZON: ID card badgereels 16.26 False 440291 3/10/2022 420-115-4310-00000 AMAZON: ID card badgereels 49.56 False 440291 3/10/2022 001-350-4312-00000 AMAZON: LCD UPS system 179.21 False 440291 3/10/2022 001-480-4310-00000 WALMART: office supplies 213.97 False 440291 3/10/2022 001-470-4390-00000 AMAZON: tractor clutch 266.86 False 440291 3/10/2022 001-470-4390-00000 TALLANS: tires #5 288.00 False 440291 3/10/2022 001-230-4530-2020S SIERRA RESCUE-MOTo: swift water rescue- Tim Sanderson 465.00 False 440291 3/10/2022 420-115-4450-00000 GOLDEN NUGGET: Room deposit for 2 National Missing Persons Conf 133.68 False 440291 3/10/2022 508-508-4530-00000 CONTOUR AIRLINES: Jason Borges Oakland to pick up vehicle 164.00 False 440291 3/10/2022 420-115-4390-00000 AMAZON: Pool stereo head unit 90.92 False 440291 3/10/2022 420-115-4530-00000 CARAHSOFT: Linkedin learning subscription 1,725.00 False 440291 3/10/2022 001-230-4450-00000 FIRE PROGRAMS: monthly fire program archive 189.33 False 440291 3/10/2022 420-115-4450-00000 SPAM HERO: spam filtering 10.00 False 440291 3/10/2022 001-480-4530-00000 STARFISHAQUSTICS: Swim Lesson Instructor Training 169.00 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 8 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440291 3/10/2022 001-230-4390-00000 AMAZON: vacuum for City Station 104.15 False 440291 3/10/2022 001-350-4370-00000 WALMART: Janitorial supplies 42.58 False 440291 3/10/2022 001-230-4530-2020S SIERRA RESCUE-MOTo: swift water rescue- Jason Borges 465.00 False 440292 3/10/2022 419-371-4230-00000 Water SCADA Cellular 1/24-2/23/22 297.79 False 440293 3/10/2022 001-240-4310-00000 Copy paper 38.80 False 440293 3/10/2022 413-120-4310-00000 Copy paper 16.80 False 440293 3/10/2022 001-114-4310-00000 Copy paper 8.40 False 440293 3/10/2022 419-120-4310-00000 Copy paper 16.80 False 440293 3/10/2022 001-120-4310-00000 Copy paper 16.80 False 440293 3/10/2022 413-111-4310-00000 Copy paper 8.40 False 440293 3/10/2022 001-350-4310-00000 Copy paper 33.63 False 440293 3/10/2022 419-111-4310-00000 Copy paper 8.40 False 440293 3/10/2022 001-313-4310-00000 Copy paper 8.40 False 440293 3/10/2022 001-230-4310-00000 Copy paper 9.64 False 440293 3/10/2022 413-351-4310-00000 Copy paper 14.58 False 440293 3/10/2022 001-111-4310-00000 Copy paper 8.40 False 440294 3/10/2022 001-364-4390-10025 Cemetery gate supplies 101.69 False 440294 3/10/2022 001-470-4390-00000 keys 10.69 False
440294 3/10/2022 001-471-4390-00000 chainsaw bar/chain oil 18.43 False 440294 3/10/2022 001-364-4390-10025 Cemetery gate supplies 28.80 False 440294 3/10/2022 419-371-4390-00000 cement/blades 36.65 False 440294 3/10/2022 001-480-4390-00000 lattice (sauna) 20.30 False 440294 3/10/2022 001-364-4390-10025 weed burner torch kit 62.92 False 440294 3/10/2022 001-480-4390-00000 pliers set 11.71 False 440294 3/10/2022 001-480-4390-00000 paint 38.78 False
440294 3/10/2022 506-506-4390-00000 plexi glass 11.82 False 440294 3/10/2022 412-100-4390-00000 key 2.71 False
440294 3/10/2022 506-506-4390-00000 utility knife 16.25 False 440294 3/10/2022 001-240-4390-00000 case 20.70 False
440294 3/10/2022 001-240-4390-00000 paint 19.90 False
440294 3/10/2022 001-471-4390-00000 acrylic sheets/fire exit sign 100.31 False 440294 3/10/2022 508-508-4390-00000 3/8" double flute 19.52 False 440294 3/10/2022 508-508-4390-00000 alum bar 18.54 False 440294 3/10/2022 001-470-4390-00000 gas spout nozzle 21.46 False 440294 3/10/2022 001-240-4390-00000 PD flooring 74.17 False 440294 3/10/2022 001-480-4390-00000 pool cart 49.57 False 440294 3/10/2022 001-364-4390-10025 knot brush 17.56 False 440294 3/10/2022 001-470-4390-00000 steel cut wheel/flap disk 26.31 False 440294 3/10/2022 001-364-4390-10025 reflector (Cemetery) 8.76 False 440294 3/10/2022 001-364-4390-10025 hose fitting 16.59 False 440294 3/10/2022 508-508-4390-00000 #38 screws/nuts/bolts 15.54 False 440294 3/10/2022 001-480-4390-00000 muratic acid 124.84 False 440294 3/10/2022 506-506-4390-00000 paint 84.07 False
440294 3/10/2022 412-100-4390-00000 35 Qt mop bucket RETURN -97.64 False 440294 3/10/2022 001-471-4390-00000 acrylic sheets RETURN -64.45 False 440294 3/10/2022 001-364-4390-10025 weed burner torch kit 62.92 False 440294 3/10/2022 001-230-4390-00000 hinges 49.77 False
440294 3/10/2022 412-100-4390-00000 35 Qt mop bucket 97.64 False 440294 3/10/2022 001-480-4390-00000 keys 3.47 False
440294 3/10/2022 001-471-4390-00000 plexi glass/fire exit sign 65.82 False 440294 3/10/2022 419-371-4390-00000 16' ladder 238.69 False 440294 3/10/2022 413-353-4390-00000 key stem 9.36 False 440294 3/10/2022 001-470-4390-00000 saw blade/cut rope or chain 72.75 False 440294 3/10/2022 412-100-4390-00000 drop cloth 4.87 False 440294 3/10/2022 506-506-4390-00000 staple gun/staples 45.11 False AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 9 of 10 Check Num Check Date Acct 1 Description Amount Selected For V 440294 3/10/2022 506-506-4390-00000 keys 7.28 False
440294 3/10/2022 001-480-4390-00000 alum sheet/screws/bolts 35.01 False 524,284.27
AP - 2-26-22 to 3-11-22 Council (3/14/2022) Page 10 of 10 AP
2-26-22 to 3-11-22 Housing
User: crawlings
Printed: 3/14/2022 3:31:48 PM
Check Date Check Number Description Selected For Void Amount 3/10/2022 440246 707-464-2692 HA Fax Line3/1-3/29/22 False 79.75 3/10/2022 440246 707 465-1719 upstairs fax 3/1-3/29/22 False 0.62 3/10/2022 440234 Internet Service -2/27-3/26/22 False 3.36 3/10/2022 440246 City Hall Shared Phone- 3/1-3/29/22 False 12.45 3/10/2022 440246 707 465-4405 downstairs fax 3/1-3/29/22 False 0.62 3/10/2022 440293 Copy paper False 58.20
3/10/2022 440254 Forms and printing False 291.92
3/10/2022 440271 office supplies False 34.49
3/10/2022 440271 office supplies False 6.26
3/10/2022 440271 office supplies False 87.60
575.27
AP - 2-26-22 to 3-11-22 Housing (3/14/2022) Page 1 of 1 ft
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March 12, 2022
March 18, 2022
110600-110608
Regular Pay Overtime Gross Pay # Empl Notes
Dept #110
City Council 1,409.84 1,409.84 5
Dept #111
Admin/City Manager 11,367.65 696.14 12,063.79 3
Dept #112
Comm Dev/Recreation 3,159.26 3,159.26 1
Dept #114
Human Resources 2,496.80 362.83 2,859.63 1
Dept #120
Finance/Utility Billing 12,131.08 12,131.08 5
Dept #130
City Attorney 4,544.77 4,544.77 1
Dept #230
Fire Department 6,739.60 6,739.60 2
Dept #240
Police Department 33,554.05 6,860.45 40,414.50 11
Dept #313
Planning 1,248.24 1 Part-time
Dept #350
Public Works-All Depts 43,391.79 1,013.55 44,405.34 18
Dept #450
Recreation & Events 1,961.53 1 + 1 Part-time
Dept #480
Swimming Pool Fund 13,145.58 63.39 13,208.97 2 + 15 Part-time Dept #490
Housing Authority 9,594.89 9,594.89 4
TOTALS 141,535.31 8,996.36 153,741.44 56 + 16 Part-time The payroll summarized above is listed where assigned. The actual costs of each employee are allocated each pay period to the department and/or fund where the actual work was performed.
CHECK NUMBERS
CITY OF CRESCENT CITY PAYROLL END DATE
BI-WEEKLY PAYROLL REPORT PAYROLL PAID DATE
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: LINDA LEAVER, FINANCE DIRECTOR
DATE: MARCH 21, 2022
SUBJECT: BUDGET-TO-ACTUAL FINANCIAL REPORTS FOR FEBRUARY 2022 ______________________________________________________________________
RECOMMENDATION
• Receive and file monthly budget-to-actual financial reports of the City’s major operating funds for the month of February 2022
BACKGROUND
In order to provide timely information to the City Council and to the public, the City’s Finance Department has prepared the attached monthly budget-to-actual reports. These reports provide a summary as of February 28, 2022 of the fiscal year-to-date revenues and expenses of the City’s major operating funds: General Fund, Housing Authority Fund, Lighthouse Cove RV Park Fund, Sewer Fund and Water Fund.
The information in the attached report is a snapshot at this point in time and may change as additional information is entered into the accounting system and verified.
ITEM ANALYSIS
As of February 28, 2022, we are 67% of the way through the fiscal year, with 33% of the year remaining. If revenues were received and expenditures made evenly throughout the year, there should be approximately 33% of each budget line remaining. However, revenues and expenditures are not even throughout the year for many reasons. Many revenues are not received evenly throughout the year (particularly tax revenues and grant reimbursements), most expenses are not recorded until the invoice is received in the following month, and budgets may include large projects that have not yet been completed.
This report summarizes the actual revenues and expenditures for the year to date; additional information is provided in the budget-to-actual reports attached. This does not yet include the mid-year budget adjustments that were recently approved.
BUDGET TO ACTUAL REPORT – FEBRUARY 2022
MARCH 21, 2022
2 • General Fund
General Fund revenues show that 32% of the budgeted amount is yet to be received. This is dependent on the timing of when certain revenues are received.
For example, most taxes, third party billings, and grant reimbursements are recorded quarterly. Normally, the remaining revenue budget at this point is higher, indicating revenues are coming in higher than budgeted this year. General Fund actual expenditures show that 49% of the budgeted amount is yet to be expended. • Housing Authority Fund
The Housing Authority is funded by monthly disbursements from the federal government. At this point, actual revenues show 39% remaining to be received and actual expenditures have remaining amounts of 40%.
• Lighthouse Cove RV Park Fund
Revenues collected by the Lighthouse Cove Recreational Vehicle Park (RV Park) show 14% remaining to be collected. RV Park revenues are highly seasonal, and most rental revenues are typically received in the summer months. Actual expenses in the RV Park show 58% of the budget left to be expended. • Sewer Fund
The Sewer Fund earns revenue primarily from charges to the users of its services.
Actual revenues show 35% of the total revenue budget remaining to be collected.
Operational expenses (not including debt service or capital improvements) show 50% of the budget remaining to be expended.
• Water Fund
The Water Fund earns revenue primarily from charges for service. Actual revenues show 34% of the budget remaining to be collected and 46% of budgeted operational expenses (not including debt service or capital improvements) remaining to be expended.
• Summary
The following table summarizes the actual revenues and expenses for the City’s five major operating funds, not including encumbrances:
BUDGET TO ACTUAL REPORT – FEBRUARY 2022
MARCH 21, 2022
3 • Long-term Liabilities
The City’s long-term liability balances are included in the table below. Net Pension Liability, Net OPEB Liability, and Compensated Absences are updated annually during the audit process. These amounts below are from the most recent audit (June 30, 2021). The Sewer Fund and Water Fund loan balances are updated when payments are made (in July for the Sewer Fund loan, and in December and June for the Water Fund loan). These do not include interfund balances (amounts owed from one City fund to another).
Budget Actual Remaining $ Remaining %
General Fund
Revenue 7,610,208 5,172,332 2,437,876 32%
Expense 8,398,113 4,244,874 4,153,239 49%
Net (787,905) 927,458
Housing Fund
Revenue 4,068,629 2,478,053 1,590,576 39%
Expense 4,089,759 2,464,137 1,625,622 40%
Net (21,130) 13,916
RV Park Fund
Revenue 419,800 360,585 59,215 14%
Expense 527,938 222,506 305,432 58%
Net (108,138) 138,079
Sewer Fund
Revenue 4,983,141 3,217,941 1,765,200 35%
Operating Expense 3,935,835 1,950,286 1,985,549 50%
Debt Service 1,697,663 1,697,663 - 0%
Transfer to Sewer CIP Fund 481,000 481,000 - 0%
Transfer to Equipment ISF 59,500 12,818 46,682 78%
Net (1,190,857) (923,825)
Water Fund
Revenue 2,880,295 1,912,469 967,826 34%
Operating Expense 2,385,654 1,286,844 1,098,810 46%
Debt Service 350,000 175,000 175,000 50%
Transfer to Water CIP Fund 860,000 860,000 - 0%
Transfer to Equipment ISF 99,750 35,890 63,860 64%
Net (815,109) (445,266)
Liability Fund Balance
Net Pension Liability Multiple 11,314,498
Net OPEB Liability Multiple 797,661
Compensated Absences Multiple 365,929
SRF Loan Sewer 32,255,590
SRF Loan Water 700,000
BUDGET TO ACTUAL REPORT – FEBRUARY 2022
MARCH 21, 2022
4 FISCAL ANALYSIS
Preparation of this report is informational in nature and has no direct fiscal impact.
STRATEGIC PLAN ASSESSMENT
This report is consistent with Strategic Plan Goal 3 to “Maintain responsible fiscal management and accountability.”
ATTACHMENTS
1. Monthly budget-to-actual report for February 2022
% of Year Remaining: 33%
Description Notes Budget Actual $ Remaining % Remaining Encumbrances $ Remaining % Remaining Non-Departmental Revenue
Tax Revenue 1 5,379,700 3,954,044 1,425,656 27% - 1,425,656 27% Licenses & Permits 1 259,650 221,959 37,691 15% - 37,691 15% Interest Income 1 20,000 (5,868) 25,868 129% - 25,868 129% Lease-Rental Income 30,182 21,516 8,666 29% - 8,666 29% Other Revenue 11,150 5,173 5,977 54% - 5,977 54%
Grant Revenue - 5,892 (5,892) - (5,892)
Departmental Revenue
City Council 2 72,856 39,954 32,902 45% - 32,902 45%
City Manager 3 135,000 124,706 10,294 8% - 10,294 8%
Econ Dev / Comm Supp / Grants 54,372 - 54,372 100% - 54,372 100% City Clerk 2 99,077 58,022 41,055 41% - 41,055 41%
Human Resources 2 43,452 21,424 22,028 51% - 22,028 51% Fire 1 463,624 146,817 316,807 68% - 316,807 68%
Police 1 269,297 174,613 94,684 35% - 94,684 35%
Code Enforcement 1,000 - 1,000 100% - 1,000 100%
Building Inspection 96,200 46,416 49,784 52% - 49,784 52% Planning 4 238,589 64,864 173,725 73% - 173,725 73%
Public Works Admin 1,500 - 1,500 100% - 1,500 100%
Streets 331,449 132,570 198,879 60% - 198,879 60%
Parks 16,000 35,834 (19,834) -124% - (19,834) -124%
Cultural Center 10,000 3,732 6,268 63% - 6,268 63%
Swimming Pool 77,110 120,661 (43,551) -56% - (43,551) -56% General Fund Revenue Total 7,610,208 5,172,332 2,437,876 32% - 2,437,876 32% Non-Departmental Expenditures 167,159 16,429 150,730 90% 153,600 (2,870) -2% City Council 111,992 70,420 41,572 37% - 41,572 37%
City Manager 3 360,203 204,708 155,495 43% 82,864 72,631 20% Econ Dev / Comm Supp / Grants 157,601 34,842 122,759 78% 54,734 68,024 43% City Clerk 154,436 94,572 59,864 39% 7,675 52,190 34%
Human Resources 133,986 80,006 53,980 40% 933 53,048 40% Finance 302,088 154,066 148,022 49% 18,461 129,561 43%
City Attorney 54,679 33,696 20,983 38% 475 20,508 38%
Fire 1,055,456 546,844 508,612 48% 46,398 462,214 44%
Police 2,664,601 1,536,834 1,127,767 42% 85,208 1,042,559 39% Code Enforcement 86,729 26,927 59,802 69% 2,604 57,197 66% Building Inspection 73,738 28,106 45,632 62% 4,721 40,910 55% Planning 4 363,246 117,614 245,632 68% 142,837 102,794 28% Public Works Admin 120,670 57,832 62,838 52% 2,015 60,824 50% Streets 5 1,184,139 606,193 577,946 49% 165,130 412,815 35% Parks 446,464 171,322 275,142 62% 25,089 250,053 56%
Cultural Center 165,142 92,516 72,626 44% 16,755 55,871 34% Swimming Pool 795,784 371,947 423,838 53% 69,012 354,825 45% City of Crescent City
FY 2021-22 General Fund Operating Report
As of February 28, 2022
Remaining before Encumbrances Remaining after Encumbrances General Fund Expenditure Total 8,398,113 4,244,874 4,153,239 49% 878,513 3,274,726 39% NET OPERATING RESULTS (787,905) 927,458
GENERAL FUND NOTES:
1 General Fund revenues are not received evenly throughout the year. Many taxes, third party billings, interest, and grant revenues are received quarterly or semiannually. 2 Revenue is based on actual expenditures charged to other funds. 3 Budget includes grant revenue/expenses for cultural diversity project, economic resiliency, and transfer to CIP for City Hall design. 4 Budget includes grant revenue and expenses for SB2 and LEAP. 5 Budget includes transfer to CIP for street projects.
% of Year Remaining: 33%
Description Notes Budget Actual $ Remaining % Remaining Encumbrances $ Remaining % Remaining Revenue
Housing Choice Voucher Program
Housing Assistance Revenue 3,346,511 2,041,038 1,305,473 39% - 1,305,473 39% Admin Revenue 512,285 312,004 200,281 39% - 200,281 39% Emergency Housing Voucher Program
Housing Assistance Revenue 87,204 36,891 50,313 58% - 50,313 58% Service Fees 52,500 2,060 50,440 96% 50,440 96%
Admin Revenue 6,000 6,010 (10) 0% - (10) 0%
Mainstream Voucher Program
Housing Assistance Revenue - 33,333 (33,333) - (33,333) Admin Revenue - 5,122 (5,122) - (5,122)
Other Revenues
Interest 140 (587) 727 519% - 727 519%
Other PHA Housing Assistance - - - -
Recovery-Admin 13,500 4,556 8,944 66% - 8,944 66%
Recovery-HAP 13,500 4,556 8,944 66% - 8,944 66%
HAP Owner Reimbursement - 1,112 (1,112) - (1,112)
Grant Revenue 36,989 31,959 5,030 14% - 5,030
Other Revenue - - - - -
Revenue Total 4,068,629 2,478,053 1,590,576 39% - 1,590,576 39% Expenditures by Department
City Manager 4,105 2,456 1,649 40% - 1,649 40%
Finance 23,218 11,621 11,597 50% 85 11,512 50%
City Attorney 1,437 301 1,136 79% - 1,136 79%
Housing Authority
Housing Assistance Payments 3,433,715 2,118,967 1,314,748 38% - 1,314,748 38% Admin 627,284 330,792 296,492 47% 58,897 237,594 38%
Expense Total 4,089,759 2,464,137 1,625,622 40% 58,982 1,566,639 38% NET OPERATING RESULTS (21,130) 13,916
City of Crescent City
FY 2021-22 Housing Fund Operating Report
As of February 28, 2022
Remaining before Encumbrances Remaining after Encumbrances % of Year Remaining: 33%
Description Notes Budget Actual $ Remaining % Remaining Encumbrances $ Remaining % Remaining Revenue
Interest 4,800 (927) 5,727 119% - 5,727 119%
Misc Sales 15,000 7,405 7,595 51% - 7,595 51%
Rental Revenue 400,000 354,107 45,893 11% - 45,893 11%
Other Revenue - - - - -
Revenue Total 419,800 360,585 59,215 14% - 59,215 14%
Expenses by Department
RV Park 459,404 194,714 264,690 58% 79,457 185,233 40%
City Manager 10,428 6,148 4,280 41% - 4,280 41%
Finance 51,163 20,040 31,123 61% 132 30,991 61%
City Attorney 6,943 1,605 5,338 77% - 5,338 77%
Expense Total 527,938 222,506 305,432 58% 79,589 225,842 43% NET OPERATING RESULTS (108,138) 138,079
City of Crescent City
FY 2021-22 RV Park Fund Operating Report
As of February 28, 2022
Remaining before Encumbrances Remaining after Encumbrances % of Year Remaining: 33%
Description Notes Budget Actual $ Remaining % Remaining Encumbrances $ Remaining % Remaining Revenue
Interest 34,000 (10,566) 44,566 131% - 44,566 131%
Other Income 1 25,431 8,033 17,398 68% - 17,398 68%
Charges for Services 4,351,690 3,002,585 1,349,105 31% - 1,349,105 31% Sewer Connections 2 38,728 125,866 (87,138) -225% - (87,138) -225% Sewer Lab 3 116,000 63,574 52,426 45% - 52,426 45%
County Collection System (CSA) 4 254,153 28,450 225,703 89% - 225,703 89% Grant revenue 150,000 - 150,000 100% - 150,000 100%
Transfers In 13,139 - 13,139 100% - 13,139 100%
Revenue Total 4,983,141 3,217,941 1,765,200 35% - 1,765,200 35% Expenses by Department
City Manager 97,393 56,131 41,262 42% 306 40,956 42%
Econ Dev / Grants 13,139 4,106 9,033 69% - 9,033 69%
Finance 390,247 203,607 186,640 48% 17,163 169,477 43%
City Attorney 45,070 19,353 25,717 57% 238 25,479 57%
Sewer Lab 461,417 231,293 230,124 50% 27,951 202,173 44% WWTP Operations 1,947,626 1,039,595 908,031 47% 805,480 102,551 5% City Collection System 476,770 233,024 243,746 51% 17,478 226,268 47% County Collection System (CSA) 268,096 85,695 182,401 68% - 182,401 68% WWTP Major Maintenance 236,077 77,481 158,596 67% 43,461 115,135 49% Operating Expense Total 3,935,835 1,950,286 1,985,549 50% 912,077 1,073,472 27% Debt Service 5 1,697,663 1,697,663
Transfers to Sewer CIP Fund 481,000 481,000
Transfers to Equipment ISF 59,500 12,818
Total 6,173,998 4,141,767
Net (1,190,857) (923,825)
NOTES:
1 NSF and late fees for all utility accounts are recorded here and then allocated between water and sewer at the end of the year. 2 Actual results depend on the number of connections requested. 3 Internal lab services are billed after each quarter; external customers are billed the month following service. 4 Amounts depend on actual expenditures, billed after each quarter. 5 Annual debt service payment is made in July.
City of Crescent City
FY 2021-22 Sewer Fund Operating Report
As of February 28, 2022
Remaining before Encumbrances Remaining after Encumbrances % of Year Remaining: 33%
Description Notes Budget Actual $ Remaining % Remaining Encumbrances $ Remaining % Remaining Revenue
Interest 28,000 (4,986) 32,986 118% - 32,986 118%
Rental Revenue 1 19,869 14,191 5,678 29% - 5,678 29%
Other Revenue 2 35,080 1,495 33,585 96% - 33,585 96%
Charges for Services 2,728,507 1,819,906 908,601 33% - 908,601 33% Water Connections 3 52,400 80,730 (28,330) -54% - (28,330) -54% Water CSD Admin Revenue 3,300 1,133 2,167 66% - 2,167 66% Transfers In 13,139 - 13,139 100% - 13,139 100%
Revenue Total 2,880,295 1,912,469 967,826 34% - 967,826 34% Expenses by Department
City Manager 101,821 58,721 43,100 42% 297 42,802 42%
Econ Dev / Grants 13,139 4,106 9,033 69% - 9,033 69%
Finance 386,735 203,593 183,142 47% 17,009 166,132 43%
City Attorney 43,111 20,499 22,612 52% 238 22,374 52%
Water Operations 1,775,799 961,832 813,967 46% 248,480 565,487 32% Water CSD 65,049 38,092 26,957 41% - 26,957 41%
Expense Total 2,385,654 1,286,844 1,098,810 46% 266,025 832,785 35% Debt Service 4 350,000 175,000
Transfers to Water CIP Fund 860,000 860,000
Transfers to Equipment ISF 99,750 35,890
Total Expenditures 3,695,404 2,357,735
Net Operating Results (815,109) (445,266)
NOTES:
1 Cell tower rent.
2 NSF and late fees are allocated at the end of the year. Other reimbursements are also included here. 3 Includes both the connection fee and charges for equipment/materials related to the connection. Water connection revenues are dependent upon new connections requested. 4 Debt service payments are made in December and June.
City of Crescent City
FY 2021-22 Water Fund Operating Report
As of February 28, 2022
Remaining before Encumbrances Remaining after Encumbrances
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: JON OLSON, DIRECTOR OF PUBLIC WORKS
ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: MARCH 21, 2022
SUBJECT: WASTEWATER TREATMENT PLANT DIGESTER CLEANING
______________________________________________________________________
RECOMMENDATION
• Approve and authorize the City Manager to sign a Small Public Works Agreement between the City of Crescent City and Wastewater Solids Management, Inc. for the purpose of solids removal and cleaning of two anaerobic digesters at the City of Crescent City Wastewater Treatment Plant. • Adopt Resolution No. 2022-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22
BUDGET OF THE CITY OF CRESCENT CITY
BACKGROUND
The City of Crescent City owns, operates, and maintains the Wastewater Treatment Plant (WWTP), a Water Quality Laboratory (WQL), and related facilities.
The City’s WWTP has a design capacity of 1.86 million gallons per day (MGD) average dry weather flow with a permitted ocean discharge. The facility’s NPDES Permit No.
CA0022756 is administered through the North Coast Regional Water Quality Control Board’s Santa Rosa office. The Crescent City WWTP provides service to approximately 3,900 accounts. The Crescent City WWTP was constructed in 1958 and has undergone four major retrofits since then. The most recent upgrade was a 2007 $40+ million-dollar project in response to 1997 cease and desist orders associated with plant effluent violations. The 2007 retrofit upgraded many portions of the facility including the addition of a 1.1 MGD rated membrane bioreactor (MBR). The WWTP is classified as a Class IV facility because it includes tertiary treatment.
Influent to the WWTP is primarily screened to remove non-biological solids. The influent is then delivered to primary settling tanks where Fats, Oils and Grease (FOG) and grit (sand) are separated. Solids from the primary tanks and the FOG are combined in the digesters for biological decomposition. Similar to a septic tank, the digesters occasionally
WWTP DIGESTER CLEANING
MARCH 21, 2022
2 need to have inert solids removed and built-up debris removed from the tanks. The last occasion when this happened was in 2013 coincident with the Membrane Bio-Reactor (MBR) installation.
The City solicited informal bids on January 25, 2022 from 16 qualified bidders. The City received one responsive bid from Wastewater Solids Management Co.
ITEM ANALYSIS
Wastewater Solids Management Co. has signed a Small Public Works Agreement (SPWA) which includes the following scope of work.
Wastewater Solids Management Co responsibility:
a. Mobilization and Demobilization
b. Digester Cleaning and Dewatering
i. Labor and materials except as listed for City responsibility ii. Removal of sludge, grit, sand, rags, plastics, grease and other miscellaneous debris from two (2) digester structures. Removal in accordance with approved work sequence that will allow plant to operate continuously with one digester. Inspection and seeding of cleaned tank required prior to initiating cleaning of second digester. iii. Removed material to be passed over a 3/16” capture rotary step screen.
Screenings will be washed, compacted and deposited in City provided bins for disposal
iv. Screened sludge material will be transferred to a mixing tank and fed to a belt press unit
1. Filtrate to be discharged to plant at City approved location
2. Dewatered sludge cake to be deposited into trailers for City disposal.
v. Hydro-wash interior of digester excepting some closely adhered materials (Struvite, vivianite, etc.) may remain.
City of Crescent City WWTP responsibility:
a. water at 300gpm at 60psi
b. One electrical circuit of 120V up to 20A
c. Tank venting until 0.085MG (or 24” of material) remain in tank. d. Removal and replacement of hatch covers.
e. Roll away bins for transport and disposal of screenings & sludge solids f. Sufficient staging area for WWSM equipment
g. Equipment for unloading and placement of WWSM equipment
WWTP DIGESTER CLEANING
MARCH 21, 2022
3 FISCAL ANALYSIS
The sum of $80,657.25 will be paid for from the Sewer fund. Because the cost of this professional service exceeds $60,000, City procurement procedure requires Council approval. The total requested budget amendment is broken down as follows:
Mobilization $11,310.00
Digester cleaning & dewatering $67,380.00
Payment bond $ 1,967.25
Increased Hauling (Hambro) $ 5,000.00
Contingency (5%) $ 4,032.86
Total $89,690.11
In addition to the costs of this service, there will also be City staff required to oversee and inspect the project to completion as well as additional hauling and disposal of screening by Hambro
If the project is authorized and all proposed funds are spent the projected remaining balance in the Sewer Fund is estimated to be approximately $3,775,000 as of June 30, 2022.
STRATEGIC PLAN ASSESSMENT
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
ATTACHMENTS
1. Small Public Works Agreement
2. Wastewater Solids Management, Inc. Scope of Work
3. Resolution No. 2022-21
CITY OF CRESCENT CITY
AGREEMENT FOR
SMALL PUBLIC WORKS PROJECT
s\
-4
This Agreement is entered into by and between the City of Crescent City, a California municipal corporation, and Contractor identified below, for the construction of a small public works project.
1. IDENTIFICATION OF PARTIES.
a. City: City of Crescent City
Attn: City Manager
377 J Street
Crescent City, CA 95531
707-464-7483
Wastewater Solids Management, Inc. / Lie. No.
Attn: Victoria Prince
PO Box 430
Yachats, OR 97498
541-547-3213
2. PROJECT DESCRIPTION. The “Project” to be completed under this Agreement is for removal of solids from the anaerobic digesters at the City of Crescent City Wastewater Treatment Plant. City has provided plans and specifications for the Project to Contractor, which are attached hereto as “Exhibit A” and incorporated herein by this reference. All work is to be completed in a workmanlike manner according to standard industry practices. The Project includes the following work:
a. Wastewater Solids Management Co responsibility
i. Mobilization and Demobilization
ii. Digester Cleaning and Dewatering
1. Labor and materials except as listed for City responsibility
2. Removal of sludge, grit, sand, rags, plastics, grease and other miscellaneous debris from two (2) digester structures. Removal in accordance with approved work sequence that will allow plant to operate continuously with one digester. Inspection and seeding of cleaned tank required prior to initiating cleaning of second digester.
3. Removed material to be passed over a 3/16” capture rotary step screen. Screenings will be washed, compacted and deposited in City provided bins for disposal
4. Screened sludge material will be transferred to a mixing tank and fed to a belt press unit
b. Contractor: NA
CRESCENT CITY SMALL PUBLIC WORKS PROJECT P a g e | 1
a. Filtrate to be discharged to plant at City approved location b. Dewatered sludge cake to be deposited into trailers for City disposal.
5. Hydro-wash interior of digester excepting some closely adhered materials (Struvite, vivianite, etc.) may remain.
b. City of Crescent City responsibility
i. #2 or #3 water at 300gpm at 60psi
ii. One electrical circuit of 120V up to 20A
iii. Tank venting until 0.085MG (or 24” of material) remain in tank. iv. Removal and replacement of hatch covers.
v. Roll away bins for transport and disposal of screenings & sludge solids vi. Sufficient staging area for VVWSM equipment
vii. Equipment for unloading and placement of WWSM equipment
3. COMPENSATION. The total compensation City will pay Contractor for construction and completion of the Project is Eighty Thousand Six Hundred and Fifty-Seven Dollars and Twenty-Five Cents ($80,657.25) (“Contract Price”) as detailed on the cost sheet attached hereto as “Exhibit A” and incorporated herein by this reference.
4. PREVAILING WAGE. Contractor is required to pay prevailing wages on this Project as determined by the Department of Industrial Relations.
5. DIR REGISTRATION. If the Project is for construction work and exceeds $25,000 or is for maintenance work and exceeds $15,000, Contractor represents and warrants that Contractor is registered with the Department of Industrial Relations.
6. SCHEDULE. The Project is to be commenced upon a date which is mutually agreed between the City, Contractor and the City’s plant operating contractor. The work will begin with a pre-construction meeting between Contractor and the City’s Public Works Director / City Engineer.
7. PAYMENT TERMS. The Contractor will be paid upon completion of the Project.
Retention of 5% will be withheld for 30 days after submission of Notice of Completion.
Contractor is responsible to provide and pay for all costs associated with the prosecution of the Project, including, but not limited to: (i) labor, materials, equipment, tools, permits, and licenses necessary for the proper execution and completion of the work; (ii) required sales, consumer, and use taxes; and (iii) the cost of insurance premiums required by this Agreement.
8. CHANGES IN WORK. If City directs any modification or addition to the work covered by this Agreement, this Agreement will be adjusted accordingly. Modification or addition to the work will be effective when both City and Contractor have signed a Change Order. Contractor must promptly notify City of any unknown physical conditions that differ materially from those ordinarily encountered and recognized as inherent in work of the character provided in this Agreement. City as “extra work” agrees to pay for any expenses due to such conditions.
CRESCENT CITY SMALL PUBLIC WORKS PROJECT P a g e | 2
9. CONTRACTOR’S REPRESENTATIONS. Contractor represents that Contractor has familiarized itself with the work site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, or performance of the work.
Contractor represents that it is duly licensed to perform the work as required by state and local laws and regulations.
10.DELAYS. Contractor agrees to start and diligently perform the work through to completion, but shall not be responsible for delay for any of the following reasons:
acts of neglect or omission of City, its elected and appointed officials, employees or agents, acts of God, inclement weather, strikes, lockouts, boycotts, or other labor unrest, extra work ordered by City, delays caused by inspection or changes ordered by authorized governmental bodies, or for other causes beyond the reasonable control of Contractor. Contractor must notify City of any anticipated delays.
11.PERSONNEL. Contractor will provide competent, suitable personnel to perform the work under this Agreement and at all times must maintain good discipline and order at the Project location.
12.SAFETY. Contractor is responsible for initiating, maintaining and supervising all safety precautions in connection with the work. Contractor must comply with all applicable laws and regulations relating to the safety of persons or property.
Interruptions to the flow of vehicular traffic must be kept to a minimum.
13.BOND REQUIREMENTS. Contractor is required to provide the following bonds for the Project (check all that apply):
EH None. No bonds are required as part of this Agreement. |X| Payment Bond in the amount of 100% of the Contract Price. (Required for Projects with a Contract Price of more than $25,000.)
EH Performance Bond in the amount of 100% of the Contract Price. (Discretionary.)
14.INSURANCE REQUIREMENTS. Contractor must maintain insurance policies with the following coverages and minimum amounts for the duration of this Agreement:
Coverage Type Minimum Limits
$1 million per occurrence; $2
million aggregate
Commercial General Liability (CGL)
ISO Form CG 00 01, including products completed
operations, covering bodily injury, personal injury,
and property damage.
a.
b. Automobile Liability $1 million per accident
ISO Form CA 0001 covering Code 1 - any auto
property damage and bodily injury
c. Workers’ Compensation Statutory Limits
d. Employer’s Liability - for bodily injury or disease $1 million per accident CRESCENT CITY SMALL PUBLIC WORKS PROJECT P a g e | 3
15.INDEPENDENT CONTRACTOR. Contractor is operating as an independent contractor and not as an employee of City. Neither Contractor nor any of its employees are eligible to receive any of the rights or benefits otherwise available to City’s employees. Contractor is free from the direction and control of City over the means and manner of performing services under this Agreement, subject only to the right of City to specify the desired results. Contractor is solely responsible for payment of all taxes, fees, and salaries due its employees as required by law or other agreement.
16.ASBESTOS AND HAZARDOUS WASTE. If Contractor encounters asbestos or other hazardous materials, Contractor must immediately stop work and allow City to obtain a duly qualified asbestos and/or hazardous materials Contractor to perform the necessary work. If Contractor is qualified to remove asbestos or other hazardous materials, City may engage Contractor to do the work. Said work will be treated as extra work under this Agreement.
17.GENERAL PROVISIONS.
a. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless City, its elected and appointed officials, employees and agents against any loss, liability, cost, expense, or damages of any kind whatsoever (including reasonably attorney’s fees) that arise out of or result from the performance of work under this Agreement but only to the extent caused in whole or in part by the acts or omissions, negligent or otherwise, of Contractor, its employees, agents or subcontractors.
b. COMPLIANCE WITH LAWS. Contractor is required to comply with all state, county and local laws, ordinances and regulations in the performance of work under this Agreement.
c. ASSIGNMENT. Contractor may not assign any right or delegate any obligation hereunder without the written consent of City. Any purported assignment or delegation without such consent will be void and unenforceable and constitute a material breach of this Agreement.
d. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and insures to the benefit of the parties and their respective successors and permitted assigns.
e. GOVERNING LAW. This Agreement is to be construed and interpreted in accordance with the laws of the State of California.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed this
CITY OF CRESCENT CITY:
day of 20 at Crescent City, California.
CONTRACTOR:
By: Victoria E Prince
General Manager/Corp. Secretary
By: Eric Wier, City Manager
Its:
CRESCENT CITY SMALL PUBLIC WORKS PROJECT I 4
Exhibit A
WASTEWATER
SOLIDS MANAGEMENT CO.
FOR OUR ENVIRONMENT
September 15, 2021
Mr.Jon Olson
City of Crescent City
377 J Street
Crescent City, CA 95531
(707) 464-9506
[email protected]
Dear Mr. Olson:
Thank you for your continued interest in Wastewater Solids Management, Inc. We are a corporation with over 30 years cumulative experience in digester/lagoon cleaning and biosolids management. We are pleased to provide this estimate for the removal of solids from the anaerobic digesters at the City of Crescent City Wastewater Treatment Facility Above all else we are concerned with safety on the job and closely follow the OSHA rules and regulations set forth for maintenance activities. These procedures include lock out/tag out and confined space entry among others.
Attached is our revised proposal for digester cleaning, dewatering and on-site removal services. The scope of work has been prepared based on the data you provided. Our anticipated project duration is approximately one (1) week of operations for the removal of the material from each of the digester structures for a total of two (2) weeks. The only revision to this proposal is the reduction of the processing volume to reflect the volume removed by the City prior to handing the tanks over for cleaning operations.
If you have any questions or require any further information, please advise by contacting (541) 547-3213 or (916) 425-0531.
We look forward to this opportunity to work with you.
Respectfully submitted,
Victoria E. Prince
General Manager
Wastewater Solids Management Co., Inc.
[email protected]
www.wastewatermanagement.com
Enclosures: quotation / agreement
A D M I N I S T R A T I V E O F F I C E
P . O . B O X 4 30
Y A C I I A T S, O R 9 7 4 9 8
( 5 4 1 ) 5 4 7- 3 2 1 3 P H O N E
( 5 4 1 ) 9 7 1 - 4 5 7 1 F A X
A C C O U N T I N G O F F I C E
P . O . B O X 1 3 2 7
L I N C O L N , C A 9 5 6 4 8
C O R P O R A T E O F F I C E
P . O. B O X 8 2 6
Y E R I N G T O N , N V 8 9 4 4 7
•••
2 Wastewater Solids Management, Inc. September 15, 2021 City of Crescent City
Request for Proposal Scope of Services Summary
City of Crescent City— Digester Rehabilitation
® ESTIMATION DATE: SEPTEMBER 15, 2021
(
^
) Mobilization/Demobilization:
Digester Cleaning & Dewatering, ea:
Project Total:
(
^
) Description:
($) Wastewater Solids Management Co., Inc. will remove all sludge, grit,sand, rags, plastics, grease and other miscellaneous debris from the digester structures.
Prior to turning over the digesters for cleaning operations, the tanks will be vented by City of Crescent City personnel. Approximately 0.085 MG (24’) of material will remain in situ. The material will be passed across a 3/16” capture rotary step screen. The screenings material will be washed, compacted and deposited in roll off bins provided by City of Crescent City or their agent for offsite disposal. The screened sludge material will be transferred to a mixing type tank and fed to a 2.0 m belt press unit. The material will be dewatered with the filtrate being discharged back to the plant at a point designated by plant personnel. The dewatered sludge cake will be deposited in end dump trailers for disposal by City of Crescent City of their agent for off-site disposal. WWSMC will hydro-wash the interior of the digester at the City of Crescent City. Hydrowashing services will remove sludge and other material from the interior surfaces of the digester structure, however, some closely adhered materials may remain upon completion. (Struvite, vivianite, etc.). Wastewater Solids Management Co., Inc. will provide these services with the following provisions:
(5) Digester Dimensions: D: 24’; SWD: 25f
; Solids Depth: 6’
($) Minimum top access: 30” D
($) Max. vol.: 25,000 gallons ea.
($) < 8% solids concentration
(?) Coned bottom surface
(?) < 1.000 ft. to staging, processing and filtrate return point (?) Min. Filtrate Return: 200 gpm; Max Filtrate Cone. 500 mg/L (?) Prevailing wage determinations included
This will include all labor and materials except as listed below. (
^
) City of Crescent City will provide the following:
(?) Water available:300 gpm, 75 psi (#2 or #3 water)
(?) Remove & replace access hatch covers
(?) Roll-off bins for transport and disposal of screenings & sludge solids (?) Sufficient staging area for WWSM, Inc. Equipment
(J) Equipment for the unloading and placement of WWSM, Inc. equipment (backhoe or other).
$ 1L310.00
$ 33.690.00
$ 78.690,00
•••3
Wastewater Solids Management, Inc. September 15, 2021
Integrated Agreement
Between City of Crescent City and Wastewater Solids Management Co., Inc.
This agreement with attachments of addends, represents the entire and integrated agreement between City of Crescent City and Wastewater Solids Management Co., Inc. and supersedes all prior negotiations, representations or agreements, written or oral. However, the proposal submitted by Wastewater Solids Management Co., Inc. and related documents establish the background and framework in which the contract was prepared and do set forth the expectations of each party to the contract. This agreement may be amended only by written instrument signed by both City of Crescent City and Wastewater Solids Management Co., Inc.
Dated this the 15th day of September . 2021
City of Crescent City Wastewater Solids Management Co., Inc.
General Manager
Title Title
Andrew Leighton
[email protected]
Wednesday, March 02, 2022 5:16 PM
Andrew Leighton
[EXTERNAL] RE: SPWA for Digester Cleaning at CC WWTP
Crescent City 2021 Agreement.pdf; CA CSLB Determination.pdf; 2016 CSLB Determination Confirmation.pdf
From:
Sent:
To:
Subject:
Attachments:
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi,Andrew:
Attached are the following:
1. As a service provider rather than a construction contractor, our operations are not covered under the California State Licensing Board's contractor licensing, as noted on the attached contract. Our DIR registration number, however, has been included on the application as requested. I have attached a letter from the CSLB concerning this item.
2. The business license application is included in the attached file.
3. I have reviewed the revisions to the project description to facilitate continuous operations. I would like to clarify that we do need to have a limitation for inspection and seeding as stand by time was not included in the original pricing. The anticipated project duration was noted as two weeks of operations. If the City requires more than a day of down time on this item, an additional mobilization may be required along with the affiliated line item charge or stand by time charges may be assessed. I have signed the attached contract with the inclusion of this clarification. We typically work a 4-10 hour work day week, so if the City is able to inspect and transfer on the weekend,there may well not be any delays in operations but I wanted to be sure we had the same understanding.
4. Prevailing wage determinations were included with the original proposal. This item does not require amendment of costs.
5. Our DIR registration number is 1000002642 with an expiration date of 6/30/22 as noted on the attached business license application.
6. Bonding was not included in the request for quotation and thus bonding costs were not included in the cost proposal. Bonding surcharge is 2.5% ($1,967.25) I will add this as a separate line item on the invoice at the end of the project. I have submitted the bond application to our agent and hope to have it back by early next week at the latest.
7. I will forward our Certificate of Insurance as soon as our policy renews as our current policy expiration date is 3/14/22. This is in process and I anticipate we will have this back by early next week, as well.
I *think* that is all of the answers! If you have any further questions or require additional information,please let me know. We look forward to working with you on your digester cleaning operations in the upcoming months.
Thank you,
Vicky
Vicky Prince
General Manager
Wastewater Solids Management,Inc.
PO Box 430
l
CITY OF CRESCENT CITY RESOLUTION NO. 2022-21 Page 1
RESOLUTION NO. 2022-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2021, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 21 st day of June 2020; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the City is the owner and is responsible for the operation and maintenance of the Wastewater Treatment Facility (WWTF); and
WHEREAS, the WWTF anaerobic digesters require dewatering and solids removal to perform at maximum capacity and efficiency; and
WHEREAS, the most recent dewatering and solids removal dates to 2013 coincident with the WWTF renovation and installation of the Membrane Bio-Reactor (MBR); and WHEREAS, funding of this important and necessary cleaning exceeds the City procurement policy limitations requiring City Council approval; and
WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
1. That the Fiscal Year 2021-22 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Revenue Increase (Decrease) Expenditure Increase (Decrease) Sewer Fund $0 $89,690
APPROVED and ADOPTED and made effective the same day at a regular meeting of the City Council of the City of Crescent City held on the 21st day of March 2022 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Jason Greenough, Mayor
ATTEST:
_____________________________
Robin Patch, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: MARCH 21, 2022
SUBJECT: DEL NORTE SOLID WASTE MANAGEMENT AUTHORITY REVISED
TRESPASS ORDINANCE APPROVAL
RECOMMENDATION
• Approve the revised Del Norte Solid Waste Management Authority Ordinance No. 2022-01 as presented
BACKGROUND
On March 7, 2022, the City Council approved Ord. No. 2022-01 of the Del Norte Solid Waste Management Authority. Since that time, Authority Staff met with County staff and made a few clerical and clarification changes. The substance of the ordinance has not changed. The Board of Supervisors will be considering this ordinance for approval at its March 22nd meeting.
ITEM ANALYSIS
The modifications to the ordinance are underlined for you convenience. The staff reports from the City Attorney and Authority Director Ward for the March 7 meeting are also attached.
FISCAL ANALYSIS
The approval of this ordinance will have no direct fiscal impact.
STRATEGIC PLAN ASSESSMENT
This report is consistent with Strategic Plan Goal 1 to “support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors” and to “enhance collaboration with other agencies and the community to better aid the public.”
DNSWMA TRESPASS ORDINANCE
MARCH 21, 2022
2 ATTACHMENTS
1. March 7 Staff Report from Martha D. Rice, City Attorney
2. Staff Report from Tedd Ward, Director of DNSWMA
3. Del Norte Solid Waste Management Authority Ord. 2022-01, as revised
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: MARCH 7, 2022
SUBJECT: DEL NORTE SOLID WASTE MANAGEMENT AUTHORITY TRESPASS
ORDINANCE APPROVAL
RECOMMENDATION
• Approve Del Norte Solid Waste Management Authority Ordinance No. 2022-01 as introduced by its governing board on February 15, 2022.
BACKGROUND
In 1992, the City of Crescent City and the County of Del Norte joined together to form the Del Norte Solid Waste Management Authority under California’s Joint Exercise of powers Act (Gov. Code § 6500 et seq.). The Del Norte Solid Waste Management Authority is a legal entity separate and distinct from the City and the County tasked with administering and managing all solid waste, recycling, composting, and household hazardous waste facilities, services, and programs throughout Del Norte County. On 10 September 2014, the Authority Board of Commissioners adopted the following Mission Statement: “The Authority’s Mission is the management of Del Norte County solid waste and recyclable material in an environmentally sound, cost effective, efficient and safe manner while ensuring 100% regulatory compliance with law.”
ITEM ANALYSIS
Several years ago certain members of the Board of Supervisors voiced concerns over the contents of ordinances that would apply within their jurisdiction without their review. As a result, the parties amended the joint powers agreement to provide that all ordinances, other than rate ordinances, would be brought to the City Council and the Board of Supervisors for their approval (consent) prior to final adoption by the governing board of the Authority. This process ensures that each member of the City Council and the Board of Supervisors is advised of and has opportunity to comment on any particular ordinance being considered the DNSWMA governing board. The ordinance cannot be adopted without the approval of the City Council and the Board of Supervisors.
DNSWMA TRESPASS ORDINANCE
MARCH 7, 2022
2 Tedd Ward, Director of the Del Norte Solid Waste Management Authority has also provided a staff report (attached).
FISCAL ANALYSIS
The approval of this ordinance will have no direct fiscal impact.
STRATEGIC PLAN ASSESSMENT
This report is consistent with Strategic Plan Goal 1 to “support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors” and to “enhance collaboration with other agencies and the community to better aid the public.”
ATTACHMENTS
1. Staff Report from Tedd Ward, Director of DNSWMA
2. Del Norte Solid Waste Management Authority Ord. 2022-01
A Joint Powers Authority of Printed on minimum
the City of Crescent City and County of Del Norte 30% post-consumer
100% recycled paper
Del Norte Solid Waste Management Authority
P.O. Box 1924, Crescent City, CA 95531
Phone (707) 465-1100 Fax (707) 465-1300
www.recycledelnorte.ca.gov
The Authority’s mission is the management of Del Norte County solid waste and recyclable material in an environmentally sound, cost effective and safe manner while ensuring 100% regulatory compliance with law.
Staff Report
Date: 01 March 2022
To: Del Norte County Board of Supervisors
Crescent City Council
From: Tedd Ward, M.S. – DNSWMA Director
Attachment: Del Norte Solid Waste Management Authority Ordinance 2022-01 Topic: Authority Ordinance 2022-01 Establishing Regulations on Authority Owned or Managed Properties
Summary / Recommendation: That the Crescent City Council and the Del Norte County Board of Supervisors approve and authorize signatures for the attached Authority Ordinance 2022-01 Establishing Regulations on Authority Owned or Managed Properties.
Background: As a joint powers authority of the City of Crescent City and the County of Del Norte, the Del Norte Solid Waste Management Authority (Authority) is responsible for managing the Crescent City Landfill, and the Klamath Transfer Station which are both on properties owned by Del Norte County, as well as the Gasquet Transfer Station which is on property leased at a nominal rate from the US Forest Service. The Authority is also responsible for managing the Del Norte County Transfer Station on property purchased in partnership with Del Norte County using a California Infrastructure Bank Loan for which the Authority makes regular payments to the County. The Authority has also acquired tax-default property adjacent to the landfill.
In October 2020, I was assaulted after hours at the Crescent City Landfill. Thankfully both of my assailants are now behind bars, but this incident raised significant justified safety concerns for our staff working at Authority facilities. Gasquet and Klamath transfer stations are both staffed with a single person working in an outlying area. The size and location of these properties make fencing and perimeter control expensive and impractical.
Solid waste and recycling facilities are frequented after-hours by people for many reasons. Known violations associated with trespass on Authority-managed facilities have included: dumping, littering, theft, vandalism, destruction of property, camping, unpermitted logging, unpermitted construction, assault, verbal assault and threats with weapons, and poaching.
State Parks personnel regularly patrol in the area around the landfill properties, and have said that they would enforce any applicable trespassing ordinance. As the Authority is eager to make and post signage indicating the potential penalties for such infractions, the Authority first seeks to adopt an Ordinance establishing those penalties.
Under section 6.1 of the Second Amended Joint Powers Agreement between the City of Crescent City and the County of Del Norte Creating the Del Norte Solid Waste Management Authority, “Any ordinances of the governing board of DNSWMA that addresses issues other than customer rates or contractor service fees must be approved by a majority vote of both the City Council and Board of Supervisors before the ordinance may be adopted.”
Analysis: The attached Ordinance was introduced at the Authority meeting of 15 February 2022. If adopted by the City Council and Board of Supervisors, the Authority will address public notice requirements and adopt the final ordinance at a future Authority meeting.
If either the City Council or Board of Supervisors do not approve this ordinance, then the Authority will either respond to any comments or concerns expressed by elected officials with a revised ordinance to be considered, or rely upon existing codes to set the limits of penalties for such violations to be indicated on future signage.
Ordinance No. 2022-01 Page 1 of 5
Ordinance No. 2022-01
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE DEL NORTE SOLID WASTE MANAGEMENT
AUTHORITY ESTABLISHING REGULATIONS FOR AUTHORITY OWNED OR MANAGED PROPERTIES WHEREAS, the Del Norte Solid Waste Management Authority (the “Authority”) is a joint powers agency of the City of Crescent City and the County of Del Norte formed under the authority of the Joint Exercise of Powers Act (Government Code Section 6500, et seq.); and WHEREAS, the Authority performs the state mandated post-closure maintenance and monitoring of the Crescent City Landfill, which is owned by the County of Del Norte; and WHEREAS, the Authority currently operates two satellite transfer stations in the communities of Gasquet and Klamath upon leased land; and
WHEREAS, the Authority owns and operates the Del Norte County Transfer Station; and WHEREAS, the Authority is currently seeking a site to construct another satellite transfer station in the northern part of Del Norte County; and
WHEREAS, trespassing, vandalism, and general lawlessness on and near Authority managed properties has become an increasing problem; and
WHEREAS, California Penal Code section 374.3 (a) makes it unlawful to dump or cause to be dumped waste matter upon all public or private property EXCEPT for property designated or set aside for that purpose by the governing board or body having charge of that property; and WHEREAS, the Board of Commissioners finds it necessary to adopt an ordinance which directly addresses these ongoing issues.
NOW, THERFORE, the Board of Commissioners of the Del Norte Solid Waste Management Authority does hereby ordain:
1.0 DEFINITIONS. For purposes of this Ordinance, the following words are defined.
1.1 “Authority” means the Del Norte Solid Waste Management Authority.
1.2 “Authority Property” means any real property owned, leased, or managed by the Authority, including, but not limited to, the Crescent City Landfill, the Del Norte County Transfer Station, the Gasquet Transfer Station, and the Klamath Transfer Station.
1.3 “Crescent City Landfill” means and includes, that parcel of land surrounding the 23-acre fenced area surrounding the Crescent City Landfill mound and the adjacent parcel(s) owned by the Authority on Old Mill Road.
1.4 “Dumping” means to place, deposit, discard, or dump, or cause to be placed, deposited, discarded, or dumped, any refuse, waste, debris, junk, sewage, septage or other liquids, sludges, material, or items upon or adjacent to any Authority Property without authorization of the owner, or contrary to the direction of Authority staff.
1.5 “Harass” means to annoy, threaten, intimidate, irritate, torment, tease, or disparage another, or put a person in fear of their safety.
Ordinance No. 2022-01 Page 2 of 5
1.6 “Hunt” means to take, pursue, catch, capture, or kill; or attempt to take, pursue, catch capture, or kill any species of wildlife.
1.7 “Motor Vehicle” means a vehicle that is self-propelled; but does not include a selfpropelled wheelchair, motorized tricycle, or motorized quadricycle, as defined in California Vehicle Code Section 407, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
1.8 “Person” means any natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.
1.9 “Structure(s)” means and includes any manmade thing that has been built (fences, buildings, containers, etc.)
1.10 “Transfer Station(s)” means and includes the Del Norte County Transfer Station, the Gasquet Transfer Station, and the Klamath Transfer Station, described as follows:
a. Del Norte County Transfer Station at 1700 State Street, Crescent City CA b. Gasquet Transfer Station at 41°50'47.5"N 123°57'49.2"W c. Klamath Transfer Station at 41°30'41.1"N 124°02'18.9"W d. Any additional or future transfer station(s) operated by the Authority.
1.11 “Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power.
2.0 DUMPING PROHIBITED. Dumping on any Authority Property or within 500 feet of Authority Property without authorization of the property owner by any Person is unlawful and expressly prohibited.
3.0 TRESPASSING PROHIBITED. Trespassing upon Authority Properties by any Person is unlawful and expressly prohibited. Trespassing for purposes of this Ordinance means the following:
3.1 Crescent City Landfill:
a. Entering or remaining upon the Crescent City Landfill property at any time prior to sunrise or after sunset;
b. Driving, riding or otherwise utilizing any Motor Vehicle at any time without prior authorization from the Authority Director on the Crescent City Landfill property, including the closed portion of Hights Access Road;
c. Entering within the 23-acre fenced area surrounding the Crescent City Landfill mound at any without prior authorization from the Authority Director ; d. Causing projectiles, including but not limited to, rocks, arrows, bullets, casings, shells, fallout and debris from pyrotechnics, to enter onto or fall upon the Crescent City Landfill property.
3.2 Del Norte County, Gasquet and Klamath Transfer Stations:
a. Entering or remaining upon the Transfer Station property at any time that the transfer station is not open to the public;
b. Entering or remaining upon the Transfer Station property after having been asked to leave and having no legitimate reason to remain upon.
4.0 HUNTING PROHIBITED. It is unlawful for any Person to Hunt any species of wildlife on an Authority Property without prior authorization from the Authority Director.
Ordinance No. 2022-01 Page 3 of 5
4.1 In accordance with Del Norte County Code Section 9.48.50, It is unlawful to discharge firearms of any kind or nature upon or adjacent to the Crescent City Landfill Area.
5.0 HARASSING EMPLOYEES PROHIBITED. It is unlawful for any Person to Harass or threaten violence toward any Authority employee while the employee is on duty.
6.0 VANDALISM. It is unlawful for any Person to destroy, mutilate, deface, grade, create roads upon or otherwise cause damage to any vegetation, tree, structure, sign, fence, gate, equipment, or vehicle owned by the Authority or located on Authority Property without prior authorization from the Authority Director.
7.0 ADMINISTRATIVE CITATIONS. Persons found in violation of the provisions of this Ordinance are subject to administrative citation as set forth in Ordinance No. 2008-03, Administrative Citation Ordinance of the Del Norte Solid Waste Management Authority, as amended from time to time.
8.0 PENALTY FOR VIOLATION. Any Person violating any of the provisions or failing to comply with any of the mandatory requirements of this code is guilty of a misdemeanor, unless the prosecuting attorney reduces the charge to an infraction, in which case the person will be guilty of an infraction. Any Person convicted of a misdemeanor under this Ordinance is punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period not more than six months, or by both such fine and imprisonment.
8.1 Any person convicted of an infraction under this Ordinance is punishable upon a first conviction by a fine of not more than one hundred dollars, and for a second conviction within a period of one year by a fine of not more than two hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars.
8.2 Each person convicted of a misdemeanor or infraction under the provisions of this code shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by the person, and shall be punished accordingly.
9.0 REMEDIES NOT EXCLUSIVE. The remedies provided in this Ordinance are not exclusive and are in addition to all other criminal, civil, or administrative remedies that may be pursued by the Authority to address any violation of this Ordinance.
INTRODUCED by the Board of Commissioners of the Del Norte Solid Waste Management Authority on the ___ day of ______, 20______ by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ordinance No. 2022-01 Page 4 of 5
__________________________
Chair
ATTEST:
__________________________
Clerk
APPROVED by the Board of Supervisors of the County of Del Norte on the ___ day of _______, 20_____ by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Chair
ATTEST:
__________________________
Clerk
APPROVED by the City Council of the City of Crescent City on the ___ day of _______, 20________ by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Mayor
ATTEST:
__________________________
Robin Patch, Clerk
PASSED AND ADOPTED by the Board of Commissioners of the Del Norte Solid Waste Management Authority on the ___ day of ______, 20______ by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Ordinance No. 2022-01 Page 5 of 5
Chair
ATTEST:
__________________________
Clerk
APPROVED AS TO FORM:
__________________________
General Counsel
Del Norte Solid Waste Management Authority
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: JON OLSON, DIRECTOR OF PUBLIC WORKS
ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: MARCH 21, 2022
SUBJECT: WATER CAPACITY STUDY FOR ELK VALLEY RANCHERIA UNDER
WATER WHEELING AGREEMENT
______________________________________________________________________
RECOMMENDATION
• Approve and adopt Resolution No. 2022-22, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY
• Ratify the City Manager’s signature of the Amendment to Task Order 20 with Stover Engineering for BOVCSD Water System Capacity Analysis.
BACKGROUND
Elk Valley Rancheria (Tribe) has a water wheeling agreement with the City to provide City water to the Tribe’s Martin Ranch property south of town where the Tribe has built a new casino and will be adding a fuel mart. The City will “wheel” the water through existing infrastructure owned by the Bertsch Oceanview Community Services District (BOVCSD).
The connection point is off the Roy Ave water main. The purpose of the water capacity study is to obtain present day data regarding system capacity, flow, and pressures prior to connection.
At the July 20, 2020 City Council meeting the City of Crescent City hired Stover Engineering and subconsultant Kennedy/Jenks to develop a dynamic model of the City’s water distribution system. The purpose of the water model was to help identify future capital improvements. The full dynamic water model was completed in September 2021 and is actively being used to assist with selection of future projects. The model can also be used to rapidly evaluate system impacts of new connections such as the proposed Tribe’s new casino and fuel station.
Since the additional analysis specific to the BOVCSD system is for the benefit of the Tribe, the Tribe has agreed to reimburse the City for this task. Task Order 20 to the Stover
CAPACITY STUDY FOR ELK VALLEY RANCHERIA
MARCH 21, 2022
2 contract was fully executed December 6, 2021 for the purpose of conducting the requested analysis.
ITEM ANALYSIS
The report is currently in a draft form because additional data from the BOVCSD pumping station is required to finish the model and finalize the report. The water model will be revised to include this new calibration data and a final Capacity Analysis Technical Memo will be developed. The additional work is the basis for Task Order 20 Amendment 1.
FISCAL ANALYSIS
EVR will reimburse the City for the cost of the study, and the expense and revenue of $10,000 are in the existing budget. However, the scope of the study has increased necessitating an Amendment to Task Order 20 for an additional $5,000 to complete the capacity study. The additional cost of the capacity study will be offset by a corresponding revenue of $5,000, which will also be reimbursed by the Tribe.
STRATEGIC PLAN ASSESSMENT
This action supports Strategic Plan goals.
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.
A. Enhance collaboration with other agencies and the community to better aid the public
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
GOAL 2: Promote a thriving local economy
F. Plan and prepare for the growth and future needs of the Crescent City community by:
• Streamlining services that support new, existing, and prospective businesses
• Engaging with residents, visitors, and businesses through ongoing marketing of City products, services, and facilities
ATTACHMENTS
1. Resolution No. 2022-22
2. Task Order 20 Amendment
CITY OF CRESCENT CITY RESOLUTION NO. 2022-22 Page 1
RESOLUTION NO. 2022-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2021, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 21 st day of June 2021; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the City owns and maintains water distribution systems and operates the Bertsch Ocean View CSD distribution system; and
WHEREAS, the Elk Valley Rancheria, California (Tribe) has built a new casino and intends to build a fuel station thus increasing their demand for water; and
WHEREAS, the City of Crescent City has contracted for the creation and maintenance of a water model of the City’s water distribution system; and
WHEREAS, a capacity study using the City’s water model is a condition of the Tribe’s proposed water connection to a new casino and fuel station; and
WHEREAS, the Tribe will fund the expense of the capacity study; and WHEREAS, the capacity study has exhausted the originally allocated $10,000 and requires an additional $5,000 to complete the study as outlined in the Amendment to Task Order 20; and WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
1. That the Fiscal Year 2021-22 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Revenue Increase (Decrease) Expenditure Increase (Decrease) Water Fund $5,000.00 $5,000.00
APPROVED and ADOPTED and made effective the same day at a regular meeting of the City Council of the City of Crescent City held on the 21st day of March 2022 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Jason Greenough, Mayor
ATTEST:
_____________________________
Robin Patch, City Clerk
AMENDMENT 1
Amendment to Task Order 20
CLIENT: City of Crescent City
ORIGINAL TASK ORDER DATE: 6 December 2021
JOB NUMBER: 4594.20
ADDITIONAL/MODIFIED SERVICES TO BE PERFORMED:
Consultant shall perform the following additional services:
• Review additional and revised data provided by the City. • Assist with the collection of pump testing data at the BOVCSD pumping station • Revise Capacity Analysis Technical Memo reflecting the new data. CHANGE IN COMPENSATION:
Client agrees to additionally compensate Consultant as follows:
Time and materials not to exceed $5,000.00 without the express written authorization of the Client. This Amendment shall be made to the original Task Order between Client and Stover Engineering (Consultant) on the Date and Project Number referenced above. All other conditions and provisions of the Task Order shall remain in full force and effect. APPROVED CLIENT: CONSULT,
BY: BY:
NAME: US'?* NAME: ?
TITLE: TITLE:
DATE: DATE:
[End of Amendment]
STOVER ENGINEERING
S:\4594.20 CC BOVCSD Capacity Analysis\00 Project Management\Task Order 20 Amdnt 1.docx
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: LINDA LEAVER, FINANCE DIRECTOR
DATE: MARCH 21, 2022
SUBJECT: STATE WATER BOARD ARREARAGES PAYMENT PROGRAM –
WASTEWATER FUNDING
______________________________________________________________________
RECOMMENDATION
• Authorize the submittal of an application for funding under the State Water Board Arrearages Payment Program for Wastewater and authorize the resumption of water disconnections for delinquent water and water/sewer accounts as presented
BACKGROUND
The City declared a local emergency due to the COVID-19 pandemic on March 16, 2020.
The City Council directed staff not to shut off water services for nonpayment and not to charge late fees during the emergency. In April 2020, the Governor issued Executive Order N-42-20 placing a moratorium on the shutoff of water for nonpayment for residents and small businesses. The order was set to expire September 30, 2021 but was later extended to December 31, 2021.
During that time, many of the City’s water and sewer customers were unable to pay their bills. As discussed in several budget meetings and updates throughout the pandemic, the water and sewer funds were impacted by this reduction in revenue while still continuing to provide services. For nearly a year, there was no relief funding provided from either the State or Federal governments to assist cities struggling with this loss of revenue.
In March 2021, Congress passed the American Rescue Plan Act (ARPA) which provides substantial funding to respond to and recover from the COVID-19 pandemic. The State of California has decided to allocate $985 million of its ARPA funding to address unpaid water and wastewater bills.
The State Water Resource Control Board (SWRCB) developed a program to distribute funds to community water systems throughout California. The City applied for approximately $74,000 in funding for the water arrearage program and has recently
STATE WATER BOARD ARREARAGES PAYMENT PROGRAM FOR
WASTEWATER
MARCH 21, 2022
2 received those funds. The money will be applied directly to eligible water customer accounts, and each customer receiving a credit will be notified. The customers do not need to take any action to receive these credits to their accounts.
Now that the water program funding has been disbursed, the State is ready to award the remaining funding to community wastewater systems to help pay eligible customers’ unpaid sewer bills from the same time period (March 4, 2020 to June 15, 2021).
ANALYSIS
The City has calculated the sewer arrearages we believe to be eligible for this funding.
There are 279 accounts with total arrearages of $122,204.28. Note these are for sewer services received by residential and commercial customers between March 4, 2020 and June 15, 2021 that are currently unpaid. The City can also apply for 3% to cover administrative costs of the program.
Applications for funding are due April 1, 2022. Upon approval of the application, the State will disburse funds directly to the City. It is not yet known whether there is enough funding to cover all arrearages. When the City receives funding, staff will apply credits directly to the sewer portion of the eligible customers’ accounts. There is no income limitation or other requirements for the customers, and they will not have to apply for the program.
Each customer who receives a credit will be notified.
Customers who have a delinquent balance remaining after this additional funding is applied will be informed of additional funding they may apply for through other state programs, and they will also be offered a payment plan.
Once this second round of funding is applied to delinquent accounts and payment plans have been offered, staff will begin the process to resume account shutoffs and late charges going forward. Customers will be given a minimum of 30 days after grant credits are applied to their accounts to sign up for a payment plan with the City before any action is begun for delinquent account shutoffs. Customers will receive multiple notices and opportunities to dispute a bill, pay the delinquent balance, or request a payment plan before service is shut off.
The City Council approved Resolution 2021-61 in November 2021 when the City applied for the water funding, designating the City Manager as the authorized signer for both the water and wastewater arrearage programs. Staff is requesting Council authorization to submit a grant application for the wastewater arrearage program.
FISCAL ANALYSIS
This is a grant program through the State Water Resources Control Board. The City Sewer Fund would receive up to a maximum of $125,870.41 (current eligible sewer arrearages plus 3% admin costs) in a lump sum. Credits would be applied directly to
STATE WATER BOARD ARREARAGES PAYMENT PROGRAM FOR
WASTEWATER
MARCH 21, 2022
3 eligible sewer customer accounts. If any funds are unspent 60 days after receiving the funds, they must be returned to the State.
Without this funding, it is extremely unlikely the City would be able to recover all of the lost sewer revenue from this time period.
STRATEGIC PLAN ANALYSIS
This report is consistent with the following strategic plan goals:
• Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: MARCH 21, 2022
SUBJECT: ADOPTION OF WASTE DISPOSAL REDUCTION ORDINANCE ______________________________________________________________________
RECOMMENDATION
• Open the public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close the public hearing
• Waive full reading, read by title only, and adopt Ordinance No. 828, AN
ORDINANCE OF THE CITY OF CRESCENT CITY AMENDING THE
CRESCENT CITY MUNICIPAL CODE BY ADDING CHAPTER 8.32,
ORGANIC WASTE DISPOSAL REDUCTION, TO TITLE 8, HEALTH AND SAFETY
BACKGROUND
From the CalRecycle Website:
• In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy.
• As it pertains to CalRecycle, SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. • The law grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.
• Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions contributing to global climate change.
ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
MARCH 21, 2022
2 • Organic materials--including waste that can be readily prevented, recycled, or composted--account for a significant portion of California's overall waste stream.
• Food waste alone accounts for approximately 17-18 percent of total landfill disposal.
• Food rescue has the added benefit of assisting Californians who are unable to secure adequate, healthy food by diverting edible food to food banks and pantries.
The final SB 1383 Regulations require local jurisdictions to implement a variety of programs, including providing mandatory organics collection services to all residents and businesses, conducting education and outreach to the community, procuring recycled organic products, establishing edible food recovery programs, securing access to recycling and food recovery capacity, and monitoring compliance and conducting enforcement. Both Del Norte County and the City of Crescent City have been granted a rural exemption from CalRecycle, which suspends the requirement to implement mandatory organics recycling and products procurement until January 1, 2027.
Despite having received the rural exemption, the City still has mandatory responsibilities under the SB 1383 Regulations. The City has worked with Tedd Ward of the Del Norte Solid Waste Management Authority as well as Mary Pitto, an Authority consultant, to draft an ordinance that includes all of the mandatory provisions of the SB 1383 Regulations.
Mary Pitto is also assisting the Authority, the City and the County with the development of a three-party MOU that lays out the various responsibilities of each agency. The proposed MOU is also on tonight’s agenda.
ITEM ANALYSIS
The proposed ordinance is intended to include only mandatory provisions required by the SB 1383 regulations. The ordinance was introduced at the March 4, 2022 Council meeting and is presented tonight for adoption with no changes. A summary of those provisions is as follows:
• Recordkeeping and Reporting: various sections of the ordinance require recordkeeping and reporting.
• Education and Outreach: The City is required to (1) maintain a list of Food Recovery Organizations and Food Recovery Services operating within the City on the City’s website; (2) provide information to Commercial Edible Food Generators about the City’s Edible Food Recovery program and Food Recovery Organizations and Food Recovery Services operating within the City.
• Commercial Edible Food Generators: Tier One Commercial Edible Food Generators (Safeway, Grocery Outlet) must comply with ordinance requirements to: (1) arrange for recovery of the maximum amount of Edible food that would other wise be disposed; and (2) contract with a Food Recovery Organization or Food Recovery Service; beginning in 2023, provide an annual report to the City.
ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
MARCH 21, 2022
3 • Food Recovery Organizations and Services: Food Recovery Organizations and Services are required to maintain records of their activities recovering edible food from Commercial Edible Food Generators and cooperate with the City in its food recovery capacity planning by sharing information.
• Commercial Business Recycling Requirements: commercial businesses that generate more than 4 cubic yards of solid waste per week are required to arrange for recycling services as required by the Authority’s mandatory commercial recycling program.
• CalGreen Recycling Requirements: building permits for new construction, additions and alterations are required to comply with certain sections of the CalGreen Building Standards relating to recycling and construction waste management.
• Model Water Efficient Landscaping Ordinance Requirements: adopts three specific sections of the MWELO regarding minimum requirements for the use of compost and mulch.
• Recycled Content Paper Procurement Requirements: formally adopts the sections of the Public Contract Code regarding procurement of recycled paper. • Solid Waste Facility Requirements: requires sampling and monitory of solid waste transfer/processing facilities is required to measure reduction levels is organic waste disposal.
• Inspections and Investigations: the ordinance authorizes the City to conduct inspections and investigations to determine compliance with the ordinance. • Enforcement: the ordinance sets forth enforcement provisions including fines, if necessary, to obtain compliance with the ordinance.
It is anticipated that much of the reporting and recordkeeping, education and outreach, and program implementation will be conducted on behalf of the City by the Del Norte Solid Waste Management Authority by way of agreement. However, regardless of agreement, the City remains ultimately responsible for enforcing and complying with the provisions contained in this ordinance as required by SB 1383.
The City recently supported an application by the Authority for a CalRecycle Technical Assistance grant to develop the programs, outreach, and reporting systems to achieve compliance with the SB 1383 regulations. CalRecyle requires that the City have adopted a compliant ordinance before April 1, 2022. This agenda item is to adopt the City’s Organic Waste Disposal Reduction Ordinance. If adopted, the ordinance will become 30 days after the date of adoption.
FISCAL ANALYSIS
In the near term, the adoption of this ordinance will include staff time and publication costs. The grant sought by the Authority should supply the funds needed for the initial development and startup of programs required by SB 1383. Future costs potentially
ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
MARCH 21, 2022
4 include increased staff time and/or reimbursement to other agencies for the performance of functions under this ordinance and related SB 1383 Regulations.
STRATEGIC PLAN ASSESSMENT
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
ATTACHMENTS
1. Ordinance No. 828 (Organic Waste Disposal Reduction) _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 1 of 17
ORDINANCE NO. 828
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE CRESCENT CITY MUNICIPAL CODE BY ADDING CHAPTER 8.32, ORGANIC WASTE DISPOSAL REDUCTION, TO TITLE 8, HEALTH AND SAFETY WHEREAS, in September 2016, Governor Brown signed Senate Bill 1383 mandating a statewide effort to reduce emissions of short-lived climate pollutants targeting a 50% reduction in organic waste disposal by 2020 and a 75% reduction by 2025 as well as a food rescue effort to recover at least 20% of disposed surplus food by 2025; and
WHEREAS, CalRecycle was tasked with adopting the regulations to achieve the goals set forth in SB 1383 (“SB 1383 Regulations”); and
WHEREAS, the final SB 1383 Regulations require local jurisdictions to implement a variety of programs, including providing mandatory organics collection services to all residents and businesses, conducting education and outreach to the community, procuring recycled organic products, establishing edible food recovery programs, securing access to recycling and food recovery capacity, and monitoring compliance and conducting enforcement; and WHEREAS, Del Norte County and the City of Crescent City have been granted a rural exemption from CalRecycle, which suspends the requirement to implement mandatory organics recycling and products procurement until January 1, 2027; and
WHEREAS, the City of Crescent City and the County of Del Norte are member agencies of the Del Norte Solid Waste Management Authority (“Authority”), a legally distinct public agency created under the Joint Exercise of Powers Act (Gov. Code § 6500 et seq.); and WHEREAS, despite the Authority’s willingness to assist in achieving compliance with the SB 1383 Regulations, there remain certain actions that the City is required to take, including the adoption of an ordinance containing the provisions set forth herein (14 CCR § 18995.1); and WHEREAS, the purpose of this Ordinance is to comply with the requirements of SB 1383 and the SB 1383 Regulations; and
WHEREAS, the adoption of this Ordinance including the requirements of SB 1383 and the SB 1383 Regulations is expressly required and permitted by SB 1383 and the SB 1383 Regulations; and
WHEREAS, in adopting the SB 1383 Regulations, CalRecycle certified a program Environmental Impact Report (EIR) and the activities to be carried out under this Ordinance are entirely within the scope of SB 1383, the SB 1383 Regulations, and that EIR; and WHEREAS, no mitigation measures identified in the EIR are applicable to the City’s enactment of this Ordinance and none of the conditions requiring a subsequent or supplemental EIR as described in Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 have occurred, and, therefore, the EIR adequately analyzes any potential environmental effects of the Ordinance and no additional environmental review is required. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 2 of 17
NOW, THERFORE, the City Council of the City of Crescent City, State of California, hereby ordains:
SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.
SECTION 2. CODE AMENDMENT. The City Council hereby amends the Crescent City Municipal Code by adding Chapter 8.32, Organic Waste Disposal Reduction, to Title 8, Health and Safety to read as follows:
8.32.010 TITLE
This Chapter may be cited as the Organic Waste Disposal Reduction Ordinance.
8.32.020 PURPOSE AND FINDINGS
The City Council of the City of Crescent City finds and declares:
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
C. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of statewide Organic Waste disposal reduction targets.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations applicable to their jurisdiction. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 3 of 17
to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
E. Del Norte County meets the definition of “rural jurisdiction” as defined in Section 42649.8 of the Public Resources Code and has therefore applied for the “rural exemption” in compliance with Section 18984.12 (c) of Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations” or “Regulations”). The City submitted and received approval of its Rural Exemption Application. Therefore, the City is not subject to Article 3 Organic Waste Collection Services, Section 18992.1 of Article 11 Organic Waste Capacity Planning, and Sections 18993.1 and .2 of Article 12 Procurement of Recovered Organic Waste Products through December 31, 2026. Collection of recyclables and organics may occur in exempt rural areas and that collection is not subject to SB 1383 Regulations or this ordinance unless otherwise required.
F. Crescent City is subject to providing education and outreach information to organic waste generators, enforcing certain provisions of the CALGreen Building Standards and Model Water Efficient Landscape Ordinance, implementing an edible food recovery program and edible food recovery capacity planning, procurement of paper products, facility sampling for contamination of materials, inspections and enforcement, and recordkeeping and reporting to CalRecycle in compliance with the SB 1383 Regulations.
8.32.030 DEFINITIONS
For purposes of this Chapter, the following words or phrases are defined as follows:
A. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
B. “California Code of Regulations” or “CCR” means the State of California Code of Regulations.
CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
C. “City” means City of Crescent City, California.
D. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
E. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
F. “Compliance Review” means a review of records by a Jurisdiction or Regional Agency to determine compliance with this ordinance.
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G. “C&D” means construction and demolition debris.
H. “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
I. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded.
Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
J. “Enforcement Action" means an action of the Jurisdiction to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
K. “Food” has the same meaning as in Section 113781 of the Health and Safety Code. “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
L. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
M. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
N. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
O. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
P. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Q. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 5 of 17
arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
R. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
S. “Implementation Record” means the records and documentation required to be kept under Section 18995.2 of the SB 1383 Regulations.
T. “Inspection” means a site visit where a Jurisdiction or Regional Agency reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
U. “Jurisdiction” means Del Norte County.
V. “Jurisdiction Enforcement Official” means the County Administrative Officer or their authorized Designee(s) who is/are partially or wholly responsible for enforcing the ordinance.
W. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
X. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
Y. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
Z. “Multi-Family” or “Multi-Family Residential Dwelling” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
AA. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
BB. “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
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1. Special District(s) located within the boundaries of the jurisdiction.
2. Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.
3. Prison(s) located within the boundaries of the Jurisdiction.
4. Facilities operated by the State Park system located within the boundaries of the Jurisdiction.
5. Public universities (including community colleges) located within the boundaries of the Jurisdiction.
6. County fairgrounds located within the boundaries of the Jurisdiction.
7. State agencies located within the boundaries of the Jurisdiction.
CC. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
DD. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
EE. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
FF. “Person(s)” means any corporation, company, partnership, firm, or association as well as a natural person.
GG. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
HH. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
II. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
JJ. “Regional Agency” means the Del Norte Solid Waste Management Authority, a regional agency as defined in Public Resources Code Section 40181.
KK. “Regional Enforcement Official” means an employee of the Del Norte Solid Waste Management Authority, designated by the Jurisdiction with responsibility for enforcing any portion of the ordinance in conjunction or consultation with Jurisdiction Enforcement Official.
LL. “Reporting Authority” means either the City or another entity acting on its behalf by way of agreement, such as the Regional Agency.
MM. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
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NN. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
OO. “SB 1383 Regulations” or “Regulations” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
PP. “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste, or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
QQ. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
RR. “State” means the State of California.
SS. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
TT. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food Service Provider.
4. Food Distributor.
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5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator is amended in the future and differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall automatically apply to this Chapter.
UU. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site Food Facility and 200 or more rooms.
3. Health facility with an on-site Food Facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator is amended in the future and differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall automatically apply to this Chapter.
VV. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
8.32.040 REQUIREMENTS FOR THE RECORDKEEPING AND REPORTING AUTHORITY A. In conformance with Section 18995.2 of the SB 1383 Regulations, the City, Regional Agency by agreement, will store and maintain the Implementation Record for the City in the manner required in the Regulations. If the Regional Agency agrees to store and maintain the Implementation Record, then the City is responsible to provide all necessary information and records for the purpose.
B. The City, or the Regional Agency by way of agreement, shall be the Reporting Authority and shall prepare and submit the Initial Jurisdiction Compliance Report and Jurisdiction Annual Reports to CalRecycle in compliance with Sections 18994.1 and 18994.2 of the Regulations.
C. The Reporting Authority shall submit the Edible Food Recovery Capacity required reports in accordance with the schedule established in Section 18992.3 of the Regulations.
D. Upon request by a CalRecycle representative, the Reporting Authority will provide access to the Implementation Record within 10 business days. In conformance with the California Public Records Act (Government Code § 6250 et seq.). The Reporting Authority will also respond to a request for public records contained in the Implementation Record. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 9 of 17
8.32.050 REQUIREMENTS FOR EDUCATION AND OUTREACH
A. A list of Food Recovery Organizations as identified in the SB 1383 Regulations at Section 18982(a)(25)(A)–(B) and Food Recovery Services operating within the City shall be maintained on the City’s website. The list shall be updated annually and include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:
1. Name and physical address.
2. Contact information.
3. Collection service area.
4. An indication of types of food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.
B. At least annually the City shall:
1. Provide Commercial Edible Food Generators with the following information:
a. Information about the City’s Edible Food Recovery program established pursuant to Section 18991.1 of the Regulations.
b. Information about the Commercial Edible Food Generator requirements specified in Article 10 of Chapter 12 of the Regulations.
c. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found.
d. Information about actions that Commercial Edible Food Generators can take to prevent the creation of food waste.
2. The City may provide this information by including it with regularly scheduled notices to those commercial businesses.
C. Through email, letters, or other direct communication, the City or the Regional Agency, by way of agreement, shall annually notify Tier One and Tier Two Commercial Edible Food Generators within the City of their Food Recovery requirements as established pursuant to Section 18991.3 and 18991.4 of the SB 1383 Regulations. Such notification shall include corresponding resources to assist in compliance with the applicable Food Recovery requirements.
8.32.060 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section
8.32.060 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, in accordance with Section 18991.3 of the SB 1383 Regulations.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with or enter into a written agreement with a Food Recovery Organization or Food Recovery Service for: (i) the collection of Edible Food for Food Recovery; or (ii) _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 10 of 17
acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow the City and/or the Regional Agency to access the premises and review records pursuant to Section 18991.4 of the Regulations.
5. Keep records that include the following information, or as otherwise specified in Section 18991.4 of the Regulations:
a. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under Section 18991.3(b) of the Regulations. b. A copy of all contracts or written agreements established under Section 18991.3(b) of the Regulations.
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
6. No later than March 1st of each year and commencing no later than March 1, 2023 for Tier One Commercial Edible Food Generators and March 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City and/or Regional Agency, as directed by the City, that includes all information listed above in
8.32.060(C)(5).
D. Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.32.070 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under Section 18991.3(b) of the SB 1383 Regulations, shall maintain the following records, or as otherwise specified by Section 18991.5(a)(1) of the Regulations:
1. The name, address, and contact information for each Commercial Edible Food Generator from which the Food Recovery Service collects Edible Food. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 11 of 17
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under Section 18991.3(b) of the Regulations, shall maintain the following records, or as otherwise specified by Section 18991.5(a)(2) of the Regulations:
1. The name, address, and contact information for each Commercial Edible Food Generator from which the Food Service Organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that the Food Recovery Organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to Section 18991.3(b) of the Regulations shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with no later than March 1st of each year.
D. Food Recovery Capacity Planning
1. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City or another entity on its behalf, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
2. The City will cooperate and coordinate with the County in its Edible Food Recovery capacity planning and reporting requirements pursuant to Section 18992.2 and 1899.2.3 of the Regulations.
8.32.080 COMMERCIAL BUSINESS RECYCLING REQUIREMENTS
A Commercial Business that generates more than four cubic yards of commercial Solid Waste per week or is a Multi-Family Residential Dwelling of five units or more shall arrange for recycling services, consistent with state laws and the Mandatory Commercial Recycling Program requirements of the Regional Agency, which shall include education, outreach to, and monitoring and enforcement of, Commercial Businesses.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 12 of 17
8.32.090 COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS A. Persons applying for a permit from the City for new construction and building additions and alterations must comply with the following required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and effective January 1, 2020, if the project is covered by the scope of CALGreen:
a. Section 4.410.2 Recycling by Occupants (Residential) b. Section 5.410.1 Recycling by Occupants (Non-Residential) c. Section 4.408.1 Construction Waste Management (Residential) d. Section 5.408.1 Construction Waste Management (Non-Residential) B. The City shall annually report to the Reporting Authority the number of projects subject to the following:
1. The adequate space requirements for recycling containers for new construction of MultiFamily Residential Dwellings and new Commercial construction and additions.
2. Requirements and applicable laws related to management of Construction and Demolition (C&D) from disposal, including tracking of C&D debris diversion and annually reporting to the Reporting Authority in compliance with SB 1383 Regulations.
8.32. 100 COMPLIANCE WITH MODEL WATER EFFICIENT LANDSCAPING ORDINANCE
REQUIREMENTS
A. The City is responsible for Model Water Efficient Landscaping Ordinance (MWELO) compliance, including the tracking and reporting of compost and mulch use requirements and annually reporting to the Reporting Authority in compliance with the SB 1383 Regulations.
B. The City hereby adopts the following provisions of the Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code of Regulations as amended September15, 2015:
1. Section 492.6(a)(3)(C):
For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil.
Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
2. Section 492.6(a)(3)(D):
A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch.
Designated insect habitat must be included in the landscape design plan as such.
3. Section 492.6(a)(3)(G):
Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 13 of 17
C. The provisions contained in this Section supersede any contrary requirements contained in Section 17.41.010 (Water Efficient Landscaping) of the Crescent City Municipal Code.
8.32.110 RECYCLED CONTENT PAPER PROCUREMENT REQUIREMENTS A. The City shall procure paper products, and printing and writing paper, consistent with the following:
1. If fitness and quality are equal, provide recycled-content paper products and recycledcontent printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.
2. Paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published January 1, 2013, which is hereby incorporate by reference.
B. All vendors from whom the City purchases paper products and printing and writing paper must certify in writing:
1. The minimum percentage if not the exact percentage, of postconsumer material in the paper products and printing and writing paper offered or sold to the City. The certification shall be furnished under penalty of perjury in a form and manner determined by the City.
The certification requirement is waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor Internet website.
2. That the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated by reference.
C. The City is responsible for tracking and reporting of procurement by each department and annually reporting to the Reporting Authority in compliance with the SB 1383 Regulations.
8.32.120 SOLID WASTE FACILITY REQUIREMENTS
The City will either perform or provide for, by way of agreement with the Regional Agency, the applicable sampling and monitoring requirements found in Article 6.0, Transfer/Processing Operations and Facilities Regulatory Requirements of Title 14, Division 7, Chapter 3 of the California Code of Regulations.
8.32.130 INSPECTIONS AND INVESTIGATIONS
A. City employees, and any entity acting on behalf of the City, are authorized to conduct Inspections and investigations, at random or otherwise, of any Commercial Businesses (including Multi-Family Residential Dwellings), property, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws, to determine _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 14 of 17
compliance with this Chapter. This section does not authorize entry into the interior of a private residential property for Inspection.
B. Any Person subject to the regulations and requirements of this Chapter shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employees (or the City’s designee’s employees) during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter. Failure to provide or arrange for: (1) access to the premises that are the subject of Inspection and investigation; or (2) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein.
C. Any records obtained by the City, or any entity acting on its behalf, during its Inspections, investigations and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. The City, or any entity acting on its behalf, shall receive written complaints regarding a Person that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
8.32.140 ENFORCEMENT
A. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City. Enforcement Actions under this Chapter include the issuance of an administrative citation and assessment of a fine pursuant to the procedures contained in Chapter 1.24 of the Crescent City Municipal Code, as amended from time to time.
B. Other remedies allowed by law may also be used, including the prosecution of a civil action or criminal action as either a misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations or cumulative size of violations exist such that court action is a reasonable use of the City’s staff and resources.
C. The City is responsible for enforcement of this Chapter. The Regional Agency may make enforcement recommendations.
D. Process for Enforcement
1. The City, or Regional Enforcement Officials by agreement, will monitor compliance with this Chapter randomly and through Compliance Reviews, investigation of complaints, and an Inspection program.
2. The City may issue an official notification to notify regulated entities of their obligations under this Chapter.
3. The City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice.
4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine.
5. The Notice of Violation shall include the following information:
a. The name(s), or account names(s) if different, of each Person to whom it is directed.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 15 of 17
b. A factual description of the violation of this Chapter, including the specific section(s) being violated.
c. A compliance date by which the person or entity is to take specified action(s). d. The penalty for not complying within the specified compliance date.
6. The City may extend compliance deadlines set forth in a Notice of Violation if it finds that extenuating circumstances beyond the control of the respondent make compliance within the deadlines impracticable. For purposes of this section, extenuating circumstances are:
a. Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or natural disasters;
b. Delays in obtaining discretionary permits or other government agency approvals; and
c. Deficiencies in organic waste recycling capacity infrastructure or edible food recovery capacity, and the City/County is under a Corrective Action Plan pursuant to Section 18996.2 of the Regulations due to those deficiencies.
E. Penalty Amounts for Types of Violations
The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
F. Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1. The nature, circumstances, and severity of the violation(s).
2. The violator’s ability to pay.
3. The willfulness of the violator's misconduct.
4. Whether the violator took measures to avoid or mitigate violations of this Chapter.
5. Evidence of any economic benefit resulting from the violation(s).
6. The deterrent effect of the penalty on the violator.
7. Whether the violation(s) were due to conditions outside the control of the violator.
G. Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the procedures described in Chapter 1.24 of the Crescent City Municipal Code.
H. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City, or the Regional Agency by way of agreement, will conduct Inspections and Compliance Reviews, depending upon the type of _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 16 of 17
regulated entity, to determine compliance, and if the City or Regional Agency determines that a SelfHauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing the entity’s obligations under this Chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Enforcement Table
The following is a list of potential violations for entities subject to this Chapter.
Table 1. List of Violations
Requirement Description of Violation
Commercial Edible Food
Generator Requirement
Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food
Recovery Service and comply with this Section commencing Jan. 1, 2022.
Commercial Edible Food
Generator Requirement
Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food
Recovery Service and comply with this Section commencing Jan. 1, 2024.
Commercial Edible Food
Generator Requirement
Tier One or Tier Two Commercial Edible Food Generator
intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.
Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food
Generator, Food Recovery
Organization or Food Recovery
Service
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping Requirements for
Commercial Edible Food
Generator
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 8.32.060.
Recordkeeping Requirements for
Food Recovery Services and Food
Recovery Organizations
A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by Section 8.32.070.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 17 of 17
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Commercial Business fails to provide or arrange for Organic Waste collection services consistent with City requirements for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage.
Facility Sampling and Monitoring Solid Waste Facilities fail to conduct required sampling and monitoring.
***END TEXT AMENDMENT***
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this ordinance to have a significant effect on the environment.
SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
INTRODUCED at a meeting of the City Council of the City of Crescent City held on March 7, 2022.
PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this 21st day of March 2022 by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jason Greenough, Mayor
ATTEST:
Robin Patch, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
MINUTES
Crescent City Housing Authority
REGULAR MEETING
January 24, 2022 AT 6:00 P.M.
FLYNN CENTER
981 H STREET
CRESCENT CITY, CA 95531
CALL TO ORDER Chairman Greenough called the meeting to order at 6:09 p.m.
ROLL CALL Board Members present: Board Member Ray Altman, Board Member Beau Smith, Board Member Isaiah Wright, Vice-Chair Blake Inscore and Chairman Jason Greenough
Staff present: Housing Authority Executive Director Megan Miller and Housing Authority Board Secretary Robin Patch
CONSENT CALENDAR
10. Meeting Minutes
• Recommendation: Approve the December 20, 2021 regular meeting minutes of the Crescent City Housing Authority.
On a motion by Board Member Inscore, seconded by Vice-Chair Wright and carried unanimously on a 5-0 polled vote, the Crescent City Housing Authority Board of Directors approved the December 20, 2021 regular meeting minutes of the Crescent City Housing Authority
NEW BUSINESS
11. Amendment of CCHA Administrative Plan to Include Chapter 18: Emergency Housing Vouchers
• Recommendation: Hear staff report
• Technical questions from the Board
• Receive public comment
• Further Board discussion
• Amend the CCHA Administrative Plan to Include Chapter 18: Emergency Housing Vouchers
Executive Director Miller reported to the Council that the allocation is for 15 EHV’s with an initial effective date of July 1, 2021. EHV’s are intended for families and individuals meeting one of the following four criteria: experiencing homelessness; at risk of homelessness; fleeing or attempting to flee domestic violence, sexual assault, stalking, or human trafficking; or recently homeless/having high risk of housing instability. In addition to rental assistance, EHV participants have services made available to them which are not offered to general HCV participants, such as assistance with security deposits, landlord incentive payments to expand housing opportunities, X 4
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and assistance with other leasing related costs (application fees, utility deposits, household essentials).
On a motion by Board Member Inscore, seconded by Board Member Smith and carried unanimously on a 5-0 polled vote, the Crescent Housing Authority Board of Directors amended the CCHA Administrative Plan to Include Chapter 18: Emergency Housing Vouchers There were no public comments.
12. Amendment of CCHA Administrative Plan to Include Chapter 19: Special Purpose Vouchers
• Recommendation: Hear staff report
• Technical questions from the Board
• Receive public comment
• Further Board discussion
• Amend the CCHA Administrative Plan to include Chapter 19: Special Purpose Vouchers
Executive Director Miller reported on the FYI program and how there were not many referrals; but because it is an on-demand program, the HA can receive a referral today and be able to respond to it.
On a motion by Board Member Inscore, seconded by Vice-Chair Wright and carried unanimously on a 5-0 polled vote, the Crescent Housing Authority Board of Directors amended the CCHA Administrative Plan to Include Chapter 19: Special Purpose There were no public comments
ADJOURNMENT
There being no further business to come before the Crescent City Housing Authority Board of Directors, Chairman Greenough adjourned the meeting at 6:27 p.m. to the next regular scheduled meeting of February 21, 2022 at the Flynn Center, 981 H Street, Crescent City, CA 95531
ATTEST:
______________________________
Robin Patch
City Clerk/Administrative Analyst/HA Board Secretary
HOUSING AUTHORITY AGENDA REPORT
TO: CHAIR GREENOUGH AND BOARD OF DIRECTORS
FROM: ERIC WIER, CITY MANAGER
BY: MEGAN MILLER, HOUSING DIRECTOR
DATE: MARCH 21, 2022
SUBJECT: ANNUAL PLAN SUBMISSION FY22
______________________________________________________________________
RECOMMENDATION
• Open public hearing
• Hear staff report
• Technical questions from the Board
• Receive public comment
• Further Board discussion
• Close public hearing
• Approve and adopt Resolution No. HA2022-01, A RESOLUTION OF THE
CRESCENT CITY HOUSING AUTHORITY APPROVING AND AUTHORIZING EXECUTION OF THE FY22 PHA ANNUAL PLAN AND CERTIFYING
COMPLIANCE OF THE PLAN AND ITS RELATED REGULATIONS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
BACKGROUND
The PHA Plan is a comprehensive guide to public housing agency (PHA) policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan: the 5-Year Plan, which the PHA develops once every 5th fiscal year (our last 5-Year Plan was completed in 2020) and the Annual Plan, which is prepared by the PHA every year. The Annual Plan is designed to keep the public, the Board, and HUD updated on the PHA’s progress in meeting the goals that were established in the 5-Year Plan, and to identify changes in administrative policies, agency priorities, or new activities where they may have occurred since the time of the last Plan submission.
The Annual Plan is submitted to HUD on a streamlined template which includes specific Plan elements and information on where certain Plan elements that are not required to be reviewed by HUD can be obtained locally. The entire PHA Plan (including all elements, not just those submitted to HUD) is made available locally at the Crescent City Housing Authority office and on the City website.
The Plan consists of several components, including the disclosure of financial resources, policy changes, and certification of compliance. A progress statement on the goals outlined in the most recent 5-Year Plan is also included.
FISCAL IMPACT
NONE
ATTACHMENTS
1. HUD Form 50075-HP Streamlined Annual PHA Plan Template
2. Statement of Housing Needs and Strategy for Addressing Housing Needs
3. Statement of Financial Resources for FY22
4. Resolution No. HA2022-01: PHA Certification of Compliance with PHA Plans and Related Regulations including Required Civil Rights Certifications (HUD-Form 50077-HCV-HP) to be signed by Chair Greenough
5. Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (HUD-Form 50077-SL) to be signed by Chair Greenough
6. Resident Advisory Board and Housing Advisory Commission letter of recommendation to Board for approval of proposed PHA Plan Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families.
Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.
Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments.
(5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.
A. PHA Information.
PHA Name: City of Crescent City Housing Authority PHA Code: CA061 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2022
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above)
Number of Housing Choice Vouchers (HCVs): 658
PHA Plan Submission Type: Annual Submission Revised Annual Submission
Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public.
Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.
The proposed PHA Plan, including all Plan elements, is made available for public review at the following locations:
Crescent City Housing Authority office, 235 H Street, Crescent City, CA 95531; www.crescentcity.org
PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating
PHAs
PHA
Code
Program(s) in the
Consortia
Program(s) not in
the Consortia
No. of Units in Each
Program
Lead HA:
B.
Annual Plan.
B.1 Revision of PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?
Y N
Housing Needs and Strategy for Addressing Housing Needs.
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Informal Review and Hearing Procedures.
Homeownership Programs.
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
Substantial Deviation.
Significant Amendment/Modification.
(b) The PHA must submit its Deconcentration Policy for Field Office Review (c) If the PHA answered yes for any element, describe the revisions for each element(s):
Revisions to Administrative Plan: Chapter 18, Emergency Housing Vouchers, and Chapter 19:
Special Purpose Vouchers
B.2 New Activities
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year?
Y N
Project Based Vouchers.
(b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.
There are opportunities under consideration for solicitation of both competitive and noncompetitive proposals. The projected total would not exceed 50 PBV’s. Project basing vouchers will expand the supply of housing opportunities, which is consistent with Goal One of the PHA Plan.
B.3 Most Recent Fiscal Year Audit.
(a)Were there any findings in the most recent FY Audit?
Y N N/A
(b) If yes, please describe:
B.4 Civil Rights Certification
Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan.
See attachment B.4
B.5 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
See attachment B.5
B.6 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5- Year PHA Plan.
The following three goals were adopted in our most recent 5-Year Plan (July 2020). Examples of our continued progress toward fulfillment of these goals are listed below.
Goal #1: Expand the supply of affordable housing opportunities. • Awarded allocation of 40 Mainstream vouchers
• Awarded allocation of 15 Emergency Housing Vouchers
• Pursuit of PBV opportunities
Goal #2: Deliver excellence in program administration.
• SEMAP requirements were again waived in 2021, with previous year scores rolled forward, meaning that we were ranked “High Performing Agency” by HUD for the 12th consecutive year, and we received a score of 100% for the 7th consecutive year in 2021. • Updated Administrative Plan to include Emergency Housing Voucher policies • Updated Administrative Plan to include Special Purpose Voucher policies • Achieved 47% utilization of EHV allocation within 6 months of award Goal 3: Increase awareness of agency services.
• Agency representation on Local Advisory Board for the NorCal Continuum of Care • Agency representation at the 2022 Point in Time Count • Agency representation on the Point in Time Count Committee • Agency representation on Coordinated Entry Local Outreach Team B.7 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) provide comments to the PHA Plan?
Y N
(a) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan.
PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
RAB submitted a letter of support—see attachment B.6
Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.23(4)(e)) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability
of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))
B. Annual Plan. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1Revision of PHA Plan Elements. PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."
Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely lowincome), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1) and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(ii)
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents , and payment standard policies. (24 CFR §903.7(d))
Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)(3)(4)).
Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f)) Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities
coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social selfsufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).
Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))
Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs. See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii))
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937.
Project-Based Vouchers (PBV). Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.
B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.11(c)(3), 24 CFR §903.7(p))
B.4 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan.
This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o))
B.5 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15)
B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5- Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19)
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of lowincome, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
B.1
Statement of Housing Needs and Strategy for Addressing Housing Needs Housing Needs
Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the lowincome, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant-based assistance waiting lists.
The Waiting List
As of December 10, 2021, the City of Crescent City Housing Authority has 229 applicants on its HCV waiting list. Of these applicants, 78 are families with children, 88 are disabled families, 55 are elderly families (62 and older); 130 are extremely low-income and 99 are very low-income (57% ELI; 43% VLI).
Of the applicants who have self-identified, 3% are Native American, 5% are Asian American, 18% are African American, and 65% are Caucasian American. 9% did not self-identify. Of the applicants who selfidentified, 8% are of Hispanic ethnicity.
Our waiting list has continually remained open, and we typically receive approximately 35 new applications per month, which demonstrates the ongoing and active need for affordable housing in our community. For families claiming the residency preference, the average wait for assistance is 6-12 months.
It is anticipated that a minimum of 100 applicant families will be selected from the waiting list in the upcoming year.
Strategy for Addressing Housing Needs
Provide a brief description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year.
The City of Crescent City Housing Authority will utilize the following strategies and resources to address the housing needs of our community:
o Maximize lease-up rates and monitor per unit cost trends in order to serve the maximum number of individuals and families;
o Continue to promote and maintain a positive image of the Housing Choice Voucher program in our community in order to encourage landlord participation; o Continue to develop strong partnerships with other agencies that offer supportive services to low-income families;
o Continue to maintain and provide a current listing of available rentals within our community, accessible in our office and online at our website;
o Continue to maintain and provide a directory of local resources and services available to lowincome families and individuals in our community; o Continue to provide maps of the local community to assist families in locating available rental units;
o Continue to provide literature and publications which assist members of the public in understanding the rights and responsibilities of both tenants and landlords.
Revision of PHA Plan Elements:
o Addition of Chapter 18: Emergency Housing Vouchers
o Addition of Chapter 19: Special Purpose Vouchers
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions Existing policies governing Deconcentration, Eligibility, Selection, and Admissions have not been revised since the time of last Plan submission.
Deconcentration Policy
“It is the CCHA goal to select sites for PBV housing that provide for deconcentrating poverty and expanding housing and economic opportunities. In complying with this goal the CCHA will limit approval of sites for PBV housing in census tracts that have poverty concentrations of 20 percent or less.
However, the CCHA will grant exceptions to the 20 percent standard where the CCHA determines that the PBV assistance will complement other local redevelopment activities designed to deconcentrate poverty and expand housing and economic opportunities in census tracts with poverty concentrations greater than 20 percent, such as sites in:
A census tract in which the proposed PBV development will be located in a HUD-designated Enterprise Zone, Economic Community, or Renewal Community; A census tract where the concentration of assisted units will be or has decreased as a result of public housing demolition and HOPE VI redevelopment;
A census tract in which the proposed PBV development will be located is undergoing significant revitalization as a result of state, local, or federal dollars invested in the area; A census tract where new market rate units are being developed where such market rate units will positively impact the poverty rate in the area;
A census tract where there has been an overall decline in the poverty rate within the past five years; or a census tract where there are meaningful opportunities for educational and economic advancement.”
Financial Resources
PHA Anticipated Resource Planned $ Planned Uses
Annual Contributions Contact
(ACC) for HCV Tenant-Based
Assistance (2022)
$3,149,631 (Estimate) Rental assistance: 658 is the
maximum number of
households that can be assisted
(VASH, MSV & EHV included)
Significant Amendment and Substantial Deviation/Modification The CCHA hereby defines “substantial deviation” and “significant amendment” as any change in policy which significantly alters the Authority’s stated mission. This would include changes to rent or admissions policies, and organization of the waiting list. Discretionary or administrative revisions consistent with the Authority’s stated overall mission and basic objectives will not be considered substantial deviations or significant modifications.
B.2
New Activities (N/A)
Revisions to Administrative Plan
• Addition of Chapter 18: Emergency Housing Vouchers
• Addition of Chapter 19: Special Purpose Vouchers
Other Document and/or Certification Requirements to be submitted with PHA Plan B.4—Civil Rights Certification; Board Resolution HA2022-01—PHA Certifications of Compliance with the PHA Plan and Related Regulations
B.5—Certification by State or Local Officials
B.7—Resident Advisory Board Comments
CITY OF CRESCENT CITY RESOLUTION NO. HA2022-XX Page 1
_____________________________
Robin Patch, City Clerk
ATTEST:
Jason Greenough, Chair of the Board
_______________________________
ABSENT:
ABSTAIN:
NOES:
AYES:
vote:
of the City of Crescent City Housing Authority held on the 21st day of March 2022 by the following polled APPROVED and ADOPTED and made effective the same day at a regular meeting of the Board of Directors Compliance on behalf of the Board.
2. That the Chair of the Board of Directors is authorized to sign said Certifications of and
including Required Civil Rights Certifications has been reviewed and is hereby approved;
1. That the PHA Certifications of Compliance with the PHA Plan and Related Regulations CRESCENT CITY HOUSING AUTHORITY AS FOLLOWS:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF WHEREAS, the Housing Director confirms that the Housing Authority is in compliance as represented.
WHEREAS, the Board has been provided said form and had an opportunity to review said form; and and
of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certification”; WHEREAS, all certifications and agreements are contained in the HUD Form entitled “PHA Certifications specific certifications and agreements with the Department of Housing and Urban Development (HUD); and WHEREAS, along with the submission of the PHA Plan, the Housing Authority is required to make certain beginning 7/1/2022; and
WHEREAS, the Housing Authority is required to submit an Annual PHA Plan for the PHA fiscal year
RELATED REGULATIONS INCLUDING REQUIRED CIVIL RIGHTS CERTIFICATIONS
HOUSING AUTHORITY CERTIFYING COMPLIANCE WITH THE PHA PLAN AND
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF CRESCENT CITY RESOLUTION NO. HA2022-01
________________________________________________________________________________________________________________________ Previous version is obsolete Page 1 of 1 form HUD-50077-CR (2/2013) Civil Rights Certification
(Qualified PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0226
Expires 02/29/2016
Civil Rights Certification
Annual Certification and Board Resolution
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official, I approve the submission of the 5-Year/Annual PHA Plan for the PHA of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the public housing program of the agency and implementation thereof:
The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those program, addressing those impediments in a reasonable fashion in view of the resources available and working with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement and by maintaining records reflecting these analyses and actions.
City of Crescent City Housing Authority CA061
_________________________________ _____________________________________ PHA Name PHA Number/HA Code
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning:
HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
JASON GREENOUGH BOARD CHAIR
Signature Date
Certifications of Compliance with
PHA Plans and Related Regulations
(Standard, Troubled, HCV-Only, and
High Performer PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016
PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or_X_ Annual PHA Plan for the PHA fiscal year beginning _7/1/22_, hereinafter referred to as” the Plan”, of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof:
1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan.
3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment.
5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.
6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions.
7. For PHA Plans that includes a policy for site based waiting lists:
• The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2010-25);
• The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site;
• Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD;
• The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing;
• The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1).
8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975.
9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. ___________________________________________________________________________________________________________
10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.
11. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable.
12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a).
13. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively.
14. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
15. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements.
16. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35.
17. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments).
18. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan.
19. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.
22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s).
City of Crescent City Housing Authority CA061
________________________________ _____________________________________ PHA Name PHA Number/HA Code
__X__ Annual PHA Plan for Fiscal Year 2022
_____ 5-Year PHA Plan for Fiscal Years 20____ - 20____
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). _________________________________________________________________________________________________________________________ Name of Authorized Official Title
JASON GREENOUGH BOARD CHAIR
Signature Date
Approved and authorized by Resolution No. HA2022-01
CITY OF CRESCENT CITY HOUSING AUTHORITY
ADVISORY COMMISSION
235 “H” STREET
CRESCENT CITY, CA 95531
(707) 464-9216
FAX (707) 464-2692
January 13, 2022
Board of Directors
City of Crescent City Housing Authority
377 J Street
Crescent City, CA 95531
RE: FY 2022 Annual PHA Plan for City of Crescent City Housing Authority Dear Board of Directors,
Please be advised that the Advisory Commission and Resident Board was provided with the draft of the above-referenced Plan,including all attachments and supporting documentation, and given ample time to review and comment on the material. The Advisory Commission and Resident Board examined the Certification of Compliance/Board Resolution, and we have determined that it is supported by the City of Crescent City Housing Authority's Annual Plan for FY 2022. All members expressed support for the Plan as presented to us.
The Housing Advisory Commission and Resident Board recommend approval of the City of Crescent City Housing Authority's FY 2022 Annual Plan by the Housing Authority Board of Directors.
Respectfully,
Everett Young,Chairman
Housing Advisory Commission,Resident Advisory Board
City of Crescent City Housing Authority
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: MARCH 21, 2022
SUBJECT: MOU WITH DEL NORTE COUNTY AND DEL NORTE SOLID WASTE MANAGEMENT AUTHORITY REGARDING SB 1383 IMPLEMENTATION
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve a Memorandum of Understanding Between the Jurisdictions of Del Norte County, City of Crescent City, and the Del Norte Solid Waste Management Authority Regarding Implementation of SB 1383 Regulations for Rural Jurisdictions as Defined in Section 42649.8 of the Public Resources Code
BACKGROUND
CalRecycle’s final SB 1383 Regulations place a variety of mandatory activities and programs upon local government, including providing mandatory organics collection services to all residents and businesses, conducting education and outreach to the community, procuring recycled organic products, establishing edible food recovery programs, securing access to recycling and food recovery capacity, and monitoring compliance and conducting enforcement. The County and the City have been granted a rural exemption, the most significant effect of which is to exempt both agencies having to comply with the mandatory organics collection requirements until January 1, 2027.
While the most economically and logistically challenging element of the SB 1383 Regulations has been delayed, several mandatory aspects of the Regulations still must be met.
The final SB 1383 Regulations require local jurisdictions to implement a variety of programs, including providing mandatory organics collection services to all residents and businesses, conducting education and outreach to the community, procuring recycled organic products, establishing edible food recovery programs, securing access to recycling and food recovery capacity, and monitoring compliance and conducting enforcement. Both Del Norte County and the City of Crescent City have been granted a SB 1383 IMPLEMENTATION MOU
MARCH 21, 2022
2 rural exemption from CalRecycle, which suspends the requirement to implement mandatory organics collection and products procurement until January 1, 2027.
Despite having received the rural exemption, the City still has mandatory responsibilities under the SB 1383 Regulations. Mary Pitto, an Authority consultant, has assisted the Authority, the City and the County with the development of a three-party MOU that details what work the Authority will be doing on behalf of the City and County.
ITEM ANALYSIS
The proposed memorandum of understanding (MOU) outlines the various responsibilities under the SB 1383 Regulations that the Del Norte Solid Waste Management Authority will perform on behalf of each the City and the County.
DNSMWA responsibilities:
• Technical assistance in the development and maintenance of the City’s Edible Food Recovery Program;
• Technical assistance in the review of existing Edible Food recovery capacity and the development of needed expanded capacity; and submission of Edible Food recovery capacity reports to CalRecyle;
• Compilation and submission of City’s compliance report and subsequent annual reports to CalRecycle;
• Respond to PRA requests for records contained within the “Implementation Record”;
• Provide educational materials and community outreach to Organic Waste Generators, including non-local entities and local education agencies, that explain and provide info on the SB 1383 Requirements;
• Provide print and/electronic media information regarding local opportunities for organic waste reduction;
• Submit records to DNSWMA for documentation of compliance with various sections of the SB 1383 Regulations, such as, recycled content paper procurement, CalGreen Building Standards for construction and demolition debris removal activities, number of projects subject to the MWELO, and the City’s Edible Food Recovery Program and Edible Food Recovery Capacity; • Annually notify Tier 1 and Tier 2 Commercial Edible Food Generators of their food recovery requirements under SB 1383, including resources available to help to achieve compliance;
• Receive complaints from the public regarding alleged violations of the City’s Ordinance or the SB 1383 Regulations;
• Assist in the investigation of alleged violations and in obtaining voluntary compliance from those persons in violation; and
• Support the City during enforcement actions by the City.
City responsibilities:
• Adoption and enforcement of Organic Waste Reduction Disposal Ordinance within the City;
• Submission of records necessary for DNSWMA’s reporting responsibilities; and SB 1383 IMPLEMENTATION MOU
MARCH 21, 2022
3 • General cooperation with DNSWMA in its fulfillment of its duties under the MOU.
County responsibilities:
• Adoption and enforcement of Organic Waste Reduction Disposal Ordinance within the County;
• Submission of records necessary for DNSWMA’s reporting responsibilities; • General cooperation with DNSWMA in its fulfillment of its duties under the MOU; and
• Conduct Edible Food Recovery Inspections within the City and the County.
Pursuant to this Agreement, the majority of the reporting and recordkeeping, education and outreach, and program implementation will be conducted on behalf of the City (and the County) by the Del Norte Solid Waste Management Authority. However, regardless of agreement, the City remains ultimately responsible for enforcing and complying with the provisions contained in this ordinance as required by SB 1383.
The Authority plans to use a CalRecycle Technical Assistance grant to develop the programs, outreach, and reporting systems to achieve compliance with the SB 1383 regulations. In the future, the Authority plans to fund its efforts through tipping fees at the Del Norte County Transfer Station. However, if that does not happen or the fees do not generate enough money to fund the Authority’s efforts, then the parties agree to meet and negotiate and equitable division of the cost of services.
FISCAL ANALYSIS
In the near term, the approval and implementation of this MOU will include some staff time to assist Authority staff. The grant sought by the Authority should supply the funds needed for the initial development and startup of programs required by SB 1383. Future costs potentially include increased staff time and/or reimbursement to other agencies for the performance of functions under this MOU and related SB 1383 Regulations.
STRATEGIC PLAN ASSESSMENT
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
ATTACHMENTS
1. MOU with City, County, and DNSWMA re SB 1383
MEMORANDUM OF UNDERSTANDING
BETWEEN THE JURISDICTIONS OF DEL NORTE COUNTY,
CITY OF CRESCENT CITY,
AND THE DEL NORTE SOLID WASTE MANAGEMENT AUTHORITY
REGARDING IMPLEMENTATION OF SB 1383 REGULATIONS
FOR RURAL JURISDICTIONS AS DEFINED IN
SECTION 42649.8 OF THE PUBLIC RESOURCES CODE
This Memorandum of Understanding (“MOU”) is made this 22nd day of March, 2022 (“Effective Date”) by and between the COUNTY OF DEL NORTE, a political subdivision of the State of California, the CITY OF CRESCENT CITY, a municipal corporation of the State of California (the County and City are referred to individually herein as a “Jurisdiction” and collectively as the “Jurisdictions”) and the DEL NORTE SOLID WASTE MANAGEMENT AUTHORITY, a California Joint Powers Authority and rural regional agency (“Regional Agency”) formed in 1992 by the County of Del Norte and the City of Crescent City (collectively the “Parties”).
RECITALS
WHEREAS, the Regional Agency is a joint powers authority established pursuant to the California Joint Exercise of Powers Act (Gov. Code section 6500 et seq.); and WHEREAS, each of the Jurisdictions is a member of the Regional Agency, and the Regional Agency operates certain core programs on behalf of and for the benefit of the Jurisdictions, including but not limited to providing education regarding recycling, composting, and other methods of waste diversion to the Jurisdictions and the public, and conducting, preparing, and submitting all monitoring and reporting as a regional agency pursuant to the Integrated Waste Management Act (California Public Resources Code §§ 40000 et seq.); and
WHEREAS, the State of California passed SB 1383 (Chapter 395, Statutes of 1383), which required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and
WHEREAS, CalRecycle has finalized regulations for the implementation of SB 1383, which have been incorporated into the Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations” or “Regulations”); and
WHEREAS, the SB 1383 Regulations require local jurisdictions, among other things, to implement programs to provide organic waste collection services to generators, provide education and outreach information to organic waste generators, enforce certain CALGreen Building Standards and Model Water Efficient Landscape Ordinance, implement an edible food recovery program, conduct capacity planning for organic waste processing and edible food recovery, procurement of organic waste products and paper 38066.00000\34053562.3
MOU – Implementation of SB 1383 Regulations
2 products, facility sampling for contamination of materials, inspections and enforcement and recordkeeping and reporting to CalRecycle on compliance with SB 1383 Regulations; and
WHEREAS, Section 18984.12 (c) of the SB 1383 Regulations allows the governing body of rural jurisdictions that meet the definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code (a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions that are located within one or more rural counties) to adopt a resolution exempting the county from the requirements of Chapter 12 Article 3 (commencing with Section 18984) Organic Waste Collection Services as well as facility capacity planning and procurement of organic waste products through December 31, 2026, based upon findings as to the purpose of and need for the exemption; and
WHEREAS, Section 42649.8 of the Public Resources Code defines a rural county as a county that has a total population of less than 70,000 persons and in 2021 Del Norte County had a population of 26,949 based upon the California Department of Finance’s population estimate; and
WHEREAS, jurisdictions may enter into a contract with a joint powers authority to implement the requirements of the SB 1383 Regulations, except that the Jurisdictions shall remain ultimately responsible for compliance in accordance with Section 18981.2 of the Regulations; and
WHEREAS, the Parties are entering into this MOU to establish certain roles and responsibilities that the Regional Agency shall assume on behalf of the Jurisdictions to implement the SB 1383 Regulations under the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
AGREEMENT
1. Term. This MOU shall commence on the Effective Date and remain in full force and effect until terminated as set forth in Section 6 of this MOU.
2. Definitions.
The terms set forth below are defined as follows for purposes of this MOU. Any terms that are used but not defined herein shall have the meaning set forth in the SB 1383 Regulations, Section 17402 of Title 14 of the California Code of Regulations, or Section 18815.2 of Title 14 of the California Code of Regulations. (a) “CalRecycle” or “Department” means the California State Department of Resources Recycling and Recovery.
(b) “City” means the City of Crescent City.
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MOU – Implementation of SB 1383 Regulations
3 (c) “County” means the County of Del Norte.
(d) “Edible Food” means food intended for human consumption. (e) “Generator” means a person or entity that is responsible for the initial creation of organic waste.
(f) “Hauler” means a person or entity who collects material from a Generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, private contract haulers, food waste selfhaulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.
(g) “Implementation Record” means the compiled records, physical or electronic, of a Jurisdiction that must be stored in one central location and contain the records and information required by Section 18995.2 of the Regulations. (h) “Jurisdiction” means the City or the County, each of which may provide solid waste collection services within their jurisdictional boundaries. (i) “Organic Waste” are materials that originate from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, vegetables, grain, meat, bones, paper towels, leaves, digestate and wood. (j) “Regional Agency” means the Del Norte Solid Waste Management Authority.
(k) “Reporting Authority” means the Regional Agency, which is responsible for reporting to CalRecycle in compliance with Article 13 of the Regulations. (l) “SB 1383 Regulations” or “Regulations” means Chapter 12 (Shortlived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations, as they may be amended from time to time. Regulatory references to specific sections listed in the MOU shall be to the SB 1383 Regulations, unless specifically noted otherwise.
3. Responsibilities of the Jurisdictions.
(a) Responsibility for tasks not enumerated. Except for those responsibilities and requirements expressly assumed by the Regional Agency pursuant to this MOU, each Jurisdiction will be responsible for compliance with the Regulations, as applicable.
(b) Ordinances. Each Jurisdiction is responsible for the adoption of its own enforceable ordinance as required by SB 1383.
(c) Edible Food recovery program. Each Jurisdiction is responsible for implementation of an Edible Food recovery program in compliance with Article 10 of the SB 1383 Regulations commencing with Section 18991.1. The Regional Agency’s role in 38066.00000\34053562.3
MOU – Implementation of SB 1383 Regulations
4 Edible Food recovery will be providing technical assistance in the development and maintenance of programs for implementation by each Jurisdiction as more specially set forth in Section 4(d)(i) of this MOU.
(d) Edible Food recovery inspections. The County agrees to conduct edible food recovery inspections of Tier I and Tier II edible food generators on behalf of the City, as part of the County’s normal inspection of food facilities within the City’s limits.
The County may establish a fee to recover the additional cost associated with conducting and documenting inspections. The City will remain responsible for ensuring that edible food recovery inspections occur at Tier I and Tier II food generators within the City and that records are transmitted to the Reporting Authority pursuant to the terms of this MOU. (e) Records submission. Each Jurisdiction will be responsible for submitting the required records in a manner and form approved by the Regional Agency for the following:
i. Recycled content paper procurement requirements in
compliance with Section 18993.4 of the Regulations.
ii. CALGreen Building Standards for the number of construction and demolition debris removal activities conducted in compliance with Section 18989.1 of the Regulations.
iii. Model Water Efficiency Landscape Ordinance for the number of projects subject to Section 18989.2 of the Regulations. iv. Edible Food Recovery Program information in compliance with Sections 18991.2, 18991.4, 18991.5, and Edible Food Recovery Capacity, Section 18992.2 of the Regulations.
(f) Sharing of information. Within thirty (30) days of request by the Regional Agency, or as soon as such information is available to the Jurisdiction, the Jurisdiction shall share with the Regional Agency all data, documents, contact information for generators within the Jurisdiction, or any other information necessary for the Regional Agency to carry out the responsibilities set forth in this MOU. In accordance with Government Code Section 6254.5, subdivision (e), the Regional Agency agrees to treat as confidential any material that either Jurisdiction shares with the Regional Agency that is (1) exempt from disclosure pursuant to the Public Records Act (Government Code Section 6250 et seq.) and (2) that the sharing Jurisdiction has labeled as confidential.
Only authorized Regional Agency officials or employees shall be permitted to access such confidential Jurisdiction material.
(g) Enforcement. The Jurisdictions shall each be responsible for any enforcement of the Regulations within their boundaries. The Regional Agency’s role in seeking compliance with the Regulations will be limited to conducting investigations and seeking voluntary compliance as more specifically set forth in Section 4(c) of this MOU. 38066.00000\34053562.3
MOU – Implementation of SB 1383 Regulations
5 4. Responsibilities of the Regional Agency.
(a) Recordkeeping and Reporting Authority.
(i) In conformance with Section 18995.2 of the Regulations, the Regional Agency will store and maintain the Implementation Record for each of the Jurisdictions in a manner as required in the Regulations, provided that the information is made available to the Regional Agency by the Jurisdictions creating such records. (ii) The Regional Agency will serve as the Reporting Authority and shall prepare and submit the Initial Jurisdiction compliance report and Jurisdiction annual reports to CalRecycle in compliance with Sections 18994.1 and 18994.2 of the Regulations, after providing the Jurisdictions with an opportunity for input. (iii) The Regional Agency’s role in Edible Food recovery capacity planning will be providing technical assistance in the review of existing capacity and development of needed expanded capacity. The Regional Agency agrees to submit the Edible Food recovery capacity required reports in accordance with the schedule established in Section 18992.3 of the Regulations.
(iv) Upon request by a CalRecycle representative, the Regional Agency will provide access to the Implementation Record within 10 business days. In conformance with the California Public Records Act (Government Code §6250 et seq.), the Regional Agency will also respond to a request for public records contained in the Implementation Record. The Regional Agency and each Jurisdiction have a duty to notify the other if either the Regional Agency or a Jurisdiction receive a request for all or part of the Implementation Record and coordinate a response to such request. (b) Education and outreach. The Regional Agency shall provide educational materials and community outreach, in consultation with the Jurisdictions, to Organic Waste Generators in English and Spanish that explain and provide information on the requirements of the SB 1383 Regulations, as more specifically described below.
In providing the education and outreach materials described below, the Regional Agency intends that its education and outreach efforts will be consistent with, and in coordination with, the education and outreach provided by the Regional Agency’s Franchise Collections Agreement. Although Non-Local Entities and Local Education Agencies are not under the Jurisdictions’ control, they are still subject to SB 1383, and the Regional Agency will identify and provide them with the educational materials on the requirements set forth below.
(i) Through print and/or electronic media as permitted pursuant to the Regulations, the Regional Agency shall provide information regarding local opportunities for organic waste reduction. The information generated pursuant to this subparagraph shall be made available through posting on the Regional Agency’s website, content made available for posting on the Jurisdictions’ websites, and brochures made available for distribution. The Regional Agency will additionally distribute the information through other social media as deemed appropriate at the Regional Agency’s discretion. 38066.00000\34053562.3
MOU – Implementation of SB 1383 Regulations
6 The information generated pursuant to this subparagraph shall be updated at least annually.
(ii) Through email, letters, or other direct communication, the Regional Agency shall annually notify Tier I and II Commercial Edible Food Generators within each Jurisdiction of their food recovery requirements as established pursuant to Section 18991.3 and 18991.4 of the Regulations. Such notification shall include corresponding resources to assist in compliance with the applicable food recovery requirements.
(c) Complaints and violations.
(i) The Regulations require the Jurisdictions to provide a procedure for the receipt and investigation of written complaints of alleged violations of the Regulations. In conformance with this requirement, the Regional Agency shall make an online complaint form available on its website for public submission and will make the form available for the Jurisdictions to place on their respective websites. The complaint form shall collect all information required under Section 18995.3. Upon receipt of a complaint, the Regional Agency shall forward the complaint to the appropriate Jurisdiction. The Regional Agency shall work with the appropriate Jurisdiction to determine if an Edible Food Generator is non-compliant and provide resources to assist the Edible Food Generator in achieving compliance with the Regulations. (ii) The Regional Agency will develop a standardized procedure for seeking voluntary compliance from Edible Food Generators that are in violation of the Regulations. Through this process the Regional Agency will coordinate with each Jurisdiction to seek voluntary compliance from Edible Food Generators found to be in violation of the Regulations. The Regional Agency will use incrementally escalating efforts to educate the non-compliant Edible Food Generator and seek voluntary compliance through the standardized procedures developed by the Regional Agency. In the event that the Regional Agency is unable to achieve voluntary compliance through these contacts, after January 1, 2024, the Regional Agency will refer the matter, along with all evidence collected by the Regional Agency related to the Edible Food Generator’s non-compliance, to the Jurisdiction where the Edible Food Generator is located for formal enforcement action.
(iii) In the event a Jurisdiction initiates an enforcement action against an Edible Food Generator, the Regional Agency will provide support to the Jurisdiction in carrying out the enforcement action to determine whether the Edible Food Generator has come into compliance prior to a compliance deadline established by Notice of Violation. The Regional Agency’s support will be directed by the Jurisdiction as it retains responsibility over the formal enforcement action. (d) Staff and funding. In order for the Regional Agency to carry out its responsibilities in connection with the administration and implementation of the SB 1383 Regulations as specified in this MOU, the Regional Agency anticipates that it will incur 38066.00000\34053562.3
MOU – Implementation of SB 1383 Regulations
7 increased costs as a result of increased staffing needs and costs of development of resources for education and outreach.
(i) The Regional Agency shall provide resources for technical assistance to the Jurisdictions for the development and ongoing maintenance of an Edible Food Recovery Program and Edible Food Capacity Planning in collaboration with Food Recovery Organizations and identified Tier I and II Commercial Edible Food Generators.
It is anticipated that the Regional Agency will utilize funding provided by CalRecycle through the SB 1383 Local Assistance Grant Program and any other implementation grant funding to support these activities of the Jurisdictions. (ii) The Regional Agency anticipates that it may fund the increased costs that will be incurred in the implementation of this MOU through an increase to the tipping fees charged at the Del Norte County Transfer Station. The fee may be increased from time to time at the discretion of the Regional Agency’s Board to pay for the costs of implementation of this MOU, but not more than once per fiscal year.
In the event that the Regional Agency cannot or does not fund the costs of implementation under this MOU through Transfer Station tipping fees, then the parties hereto agree to meet and negotiate an equitable division of such costs.
5. Indemnification/Hold Harmless. The Regional Agency shall indemnify, defend, and hold harmless the Jurisdictions, their legislative bodies, officials, consultants, agents, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, including reasonable attorney’s fees, arising from the Regional Agency’s performance of this MOU, with the exception of matters that arise from the negligent or intentional acts or omissions of the Jurisdictions, their legislative bodies, officials, consultants, agents and employees.
6. Withdrawal of Jurisdictions; Termination by Agency. Any Jurisdiction may withdraw as a party to this MOU upon giving one hundred and eighty (180) calendar days’ prior written notice to the other Parties. Further, the Regional Agency may terminate this MOU upon giving three hundred and sixty-five (365) days’ prior written notice to the Jurisdictions. Upon termination of this MOU, the Regional Agency shall have no further obligations pursuant to this MOU.
7. Notice. During the term of this MOU, all notices shall be made in writing and either served personally, sent by first class mail, or sent by email provided confirmation of delivery is obtained at the time of email transmission, addressed as follows:
To: Del Norte Solid Waste Management Authority
Attention: Tedd Ward, Director
1700 State Street
Crescent City, CA 95531
Phone: 707-465-1100, FAX 707-465-1300
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8 E-mail: [email protected]
To: Del Norte County
Attention: Neal Lopez, County Administrative Officer
981 ‘H’ Street, Suite 210
Crescent City, CA 95531
Phone: (707) 464-7214
Email: [email protected]
To: City of Crescent City
Attention: Eric Wier, City Manager
377 J Street
Crescent City, CA 95531
Phone: (707) 464 9506 x 232
Email: [email protected]
Any Party may change the address to which notice is to be given by providing the other Parties with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change.
Service of notices shall be deemed complete on the date of receipt if personally served or if served using email provided confirmation of delivery is obtained at the time of email transmission. Service of notices sent by first class mail shall be deemed complete on the fifth (5th) day following deposit in the United States mail.
8. Governing Law and Venue. This MOU shall be deemed to be executed within the State of California and construed in accordance with and governed by laws of the State of California. Venue in any proceeding or action among the participating Jurisdictions arising out of this MOU shall be in Del Norte County, California.
9. Amendment. This MOU may only be amended by a writing signed by authorized representatives of each Party, and any purported amendment not signed by an authorized representative of each Party shall be of no force or effect. This MOU may be amended to extend its term, alter its conditions, add Agency and/or Jurisdiction obligations, or otherwise.
10. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.
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MOU – Implementation of SB 1383 Regulations
9 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING
BETWEEN THE JURISDICTIONS OF DEL NORTE COUNTY, CRESCENT CITY,
AND THE DEL NORTE SOLID WASTE MANAGEMENT AUTHORITY
REGARDING IMPLEMENTATION OF SB 1383 REGULATIONS
IN WITNESS WHEREOF, the Parties hereto have executed this agreement in triplicate on the day and year first above written.
COUNTY OF DEL NORTE, A Political
Subdivision of the State of California
By:
Gerry Hemmingsen, Chairman of the
Board of Supervisors
APPROVED AS TO FORM:
___________________________
Joel Campbell-Blair,
County Counsel
CITY OF CRESCENT CITY, A Municipal
Corporation of the State of California
By:
Eric Wier, City Manager
APPROVED AS TO FORM:
___________________________
Martha D. Rice
City Attorney
DEL NORTE SOLID WASTE MANAGEMENT
AUTHORITY, a California Joint Powers Authority
By:
Tedd Ward, Director
APPROVED AS TO FORM:
___________________________
Robert N. Black
General Counsel
CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
RICHARD GRIFFIN, CHIEF OF POLICE
DATE: MARCH 21, 2022
SUBJECT: MOU FOR AXON VIDEO SOFTWARE LICENSES FOR DEL NORTE COUNTY DISTRICT ATTORNEY’S OFFICE
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve a Memorandum of Understanding with Del Norte County for Axon Video Software Licenses for Del Norte County District Attorney’s Office • Approve and adopt Resolution No. 2022-20, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY
BACKGROUND
Under current practice, Police Department personnel have to copy video evidence onto portable USB drives or DVDs and physically deliver the videos to the District Attorney’s Office. With the new Axon body cameras and video storage services that the Police Department acquired last year, an opportunity to increase efficiency has arisen. Rather than physically copy each video, the District Attorney’s Office can simply be provided remote access to the Police Department’s video evidence through the purchase of additional software user licenses.
ITEM ANALYSIS
The Memorandum of Understanding is a very simple agreement that provides the City will purchase 13 user licenses for Axon video evidence software for use by the Del Norte County District Attorney’s Office. This is a one-year subscription payable in March of each
DA MOU FOR AXON USER LICENSES
MARCH 21, 2022
2 year. The County will reimburse the City for this expense. The cost of 13 user licenses is $2,340 per year. This price is good for the next five years.
The MOU states that either party may terminate this MOU for any reason by giving notice to the other party. If the City terminates the MOU, it will reimburse the County an amount proportionate to the unused portion of the one-year subscription. If the County terminates the agreement, the City will not be responsible to reimburse the County.
FISCAL ANALYSIS
The approval of this MOU and corresponding budget adjustment will not have a net impact on the overall Police Department budget, as the County will reimburse the City for the full expense of the user licenses. However, approving the MOU will create a more efficient process and thereby save staff time and supply costs.
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals:
• Goal 1(A): Enhance collaboration with other agencies and the community to better aid the public;
• Goal 1(B): Ensure that information shared between departments, with other agencies, and with the public is both accurate and timely; • Goal 1 (C): Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States.
ATTACHMENTS
1. Memorandum of Understanding
2. Resolution No. 2022-20
MEMORANDUM OF UNDERSTANDING – AXON USER LICENSES PG. 1
MEMORANDUM OF UNDERSTANDING
REGARDING AXON VIDEO SOFTWARE LICENSES
FOR THE DEL NORTE COUNTY DISTRICT ATTORNEY’S OFFICE
This Memorandum of Understanding (“MOU”) is made and entered into by the City of Crescent City, a California municipal corporation ("CITY") and the County of Del Norte, a political subdivision of the State of California ("COUNTY"), on behalf of the Del Norte County District Attorney’s Office (“District Attorney’s Office”) for the purpose of clarifying roles and responsibilities of the parties with respect to the District Attorney’s usage of Axon video software licenses under the City’s contract for the Crescent City Police Department.
WHEREAS, the Crescent City Police Department (“CCPD”) has a contract with Axon Enterprise, Inc. for body cameras as well as associated services for storing, organizing and accessing the videos; and WHEREAS, current practice requires that CCPD personnel physically copy and deliver video evidence to the District Attorney; and
WHEREAS, a more efficient process would be to grant the District Attorney’s Office access to the CCPD’s virtually stored video evidence thereby eliminating the personnel time for copying and delivering evidence; and
WHEREAS, granting the District Attorney’s Office access to the videos via Axon will required the purchase of additional user licenses.
NOW, THEREFORE, IT IS AGREED by and between the CITY and the COUNTY as follows:
1.0 INCORPORATION OF RECITALS. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.
2.0 CITY OBLIGATIONS.
2.1 USER LICENSES. CITY will purchase 13 user licenses from Axon Enterprise, Inc. for use by the District Attorney’s Office at the rate of $2,340 per year for the next five years. The total amount invoiced to County under this agreement may not exceed $11,700. CITY will invoice COUNTY annually upon receipt of the Axon invoice.
2.2 IDENTIFYING VIDEO EVIDENCE. Crescent City Police Department personnel will identify video evidence files with case numbers and dates.
3.0 COUNTY OBLIGATIONS.
3.1 USER LICENSES. COUNTY will pay the annual invoice for Axon user licenses from the CITY within 30 days of receipt.
3.2 ACCESSING VIDEO EVIDENCE. EVIDENCE. Licensed users in the District Attorney’s Office may access those files relevant to a criminal case referred to the District Attorney’s Office. Files labelled “CONFIDENTIAL” may not be accessed unless such permission is obtained in writing from the Chief of Police.
MEMORANDUM OF UNDERSTANDING – AXON USER LICENSES PG. 2
4.0 TERM OF AGREEMENT. This MOU will be effective from the date of its full execution through March 31, 2027, unless terminated sooner by either party pursuant to the terms of this MOU.
5.0 EARLY TERMINATION.
5.1 BY COUNTY. If COUNTY chooses to terminate this MOU early for any reason, then it must give notice to CITY prior to CITY’s payment of the annual invoice in order to avoid liability to reimburse CITY any amounts it is not able to recoup from Axon for the upcoming subscription year. CITY will not refund any money paid by COUNTY covered by the current year’s subscription after COUNTY terminates this Agreement.
5.2 BY CITY. If CITY chooses to terminate this MOU early for any reason, then CITY must notice COUNTY of the effective date of termination and reimburse COUNTY for the proportionate cost of the user license subscriptions that are not able to be utilized by COUNTY.
6.0 AXON END USER LICENSE AGREEMENT. COUNTY and the District Attorney’s Office agree to abide by the terms of the Axon Desktop Software End User License Agreement attached hereto as Exhibit A and incorporated herein.
7.0 GENERAL PROVISIONS.
7.1 INDEMNIFICATION OF COUNTY. CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY’s negligent acts or omissions which arise from CITY’s performance of its obligations under this AGREEMENT.
7.2 INDEMNIFICATION OF CITY. COUNTY agrees to indemnify, defend (with counsel reasonably approved by CITY) and hold harmless CITY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from COUNTY’S negligent acts or omissions which arise from COUNTY’s performance of its obligations under this AGREEMENT.
7.3 COMPARATIVE FAULT. In the event COUNTY and/or CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the AGREEMENT, the COUNTY and/or CITY must indemnify the other to the extent of its comparative fault.
7.4 ATTORNEY’S FEES. In the event of litigation arising from this AGREEMENT, each Party to the AGREEMENT will bear its own costs, including attorneys’ fees. This paragraph shall not apply to the costs or attorneys’ fees relative to paragraphs 7.1, 7.2, and 7.3, indemnification.
7.6 INSURANCE. COUNTY is an authorized self-insured public entity for purposes of Professional Liability, Automobile Liability, General Liability, and Workers’ Compensation and warrant that through their programs of self-insurance, COUNTY has MEMORANDUM OF UNDERSTANDING – AXON USER LICENSES PG. 3
adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. CITY purchases insurance coverages for Automobile Liability, General liability, and Workers’ Compensation. CITY represents and warrants that CITY has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
7.7 INTEGRATION / AMENDMENT. This AGREEMENT contains the entire AGREEMENT of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this AGREEMENT will be binding unless executed in writing and signed by both parties.
7.8 GOVERNING LAW / VENUE. This AGREEMENT is entered into in Del Norte County, California and is governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this AGREEMENT, or which arises out of or is in any way connected with this AGREEMENT, must be filed in Del Norte County Superior Court.
7.9 INTERPRETATION. Since the parties or their agents have participated fully in the preparation of this AGREEMENT, the language of this AGREEMENT is to be construed simply, according to its fair meaning, and not strictly for or against any party. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this AGREEMENT.
7.10 NO WAIVER. No waiver of any default may constitute a waiver of any other default or breach, whether of the same or another covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party will give the other party any contractual rights by custom, estoppel, or otherwise.
7.11 SEVERABILITY. If a court of competent jurisdiction declares any portion of this AGREEMENT invalid, illegal, or otherwise unenforceable, the remaining provisions will continue in full force and effect unless the purpose of this AGREEMENT is frustrated.
7.12 COUNTERPARTS. This AGREEMENT may be signed in counterparts, each of which constitutes an original.
7.13 NO RELIQUISHMENT OF RIGHTS. Except as expressly stated herein, nothing contained in this AGREEMENT may be construed as a relinquishment of any rights now held by CITY or COUNTY.
[SIGNATURE PAGE TO FOLLOW]
MEMORANDUM OF UNDERSTANDING – AXON USER LICENSES PG. 4
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this ____ day of March, 2022.
COUNTY OF DEL NORTE
Gerry Hemmingsen, Chair, Del Norte
County Board of Supervisors
ATTEST:
Kylie Goughnour, Board Clerk
Board of Supervisors
APPROVED AS TO FORM:
Joel Campbell-Blair, County Counsel
CITY OF CRESCENT CITY
Jason Greenough, Mayor
ATTEST:
Robin Patch, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
Desktop Software End User License Agreement