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, including changes to these policies, 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. The 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 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, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 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 exceed 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.
A.1 PHA Name: City of Crescent City Housing Authority PHA Code: CA061 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2023
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 662
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.
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. Plan Elements.
B.1
Revision of Existing PHA Plan Elements.
a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Statement of 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) If the PHA answered yes for any element, describe the revisions for each element(s):
B.2 New Activities. – Not Applicable
B.3 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. • Commitment of 25 PBV’s at Valhalla Pacific, creating an inventory of 25 units for the exclusive leasing of HCV program participants
• Commitment of 30 PBV’s at The Legacy, creating an inventory of 30 units for the exclusive leasing of HCV program participants and targeting our community’s homeless population • Commitment of 70 PBV’s at Battery Point Apartments, creating an inventory of 70 units for the exclusive leasing of HCV program participants, targeting seniors and families. Development of this newly constructed housing complex will bring 160 units to Crescent City, creating new housing opportunities to all members of our community, not just those served under the HCV program. • Successful application for special Mainstream administrative fees totaling $20,000 to assist with leasing for Mainstream-eligible families.
Goal #2: Deliver excellence in program administration.
• Administrative Plan update (Chapter 17, Project Based Vouchers) • Achievement of 93% utilization of EHV vouchers within 18 months of allocation • Achievement of 73% utilization of MSV within 24 months of allocation • Software upgrade to enable participants and owners to upload documents to program staff through a secure web-based portal
• Recruitment of three new members to the Housing Advisory Commission/Resident Advisory Board
Goal 3: Increase awareness of agency services.
• Agency representation on Local Advisory Board for the NorCal Continuum of Care • Agency representation on the Point in Time Count Committee • Agency representation on Coordinated Entry Local Outreach Team • Agency representation on Del Norte County’s Homeless Ad-Hoc Committee • Agency representation at the 2023 Point in Time Count • Agency representation at the Hmong New Year celebration event B.4 Capital Improvements. – Not Applicable
B.5 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:
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y N
(b) 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
C.2 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
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations
Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.
See attachment B.4
C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
(a) Did the public challenge any elements of the Plan?
Y N
If yes, include Challenged Elements.
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing (AFFH).
Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.
Fair Housing Goal:
K
—
K
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 §903.4) 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)) Describe fair housing strategies and actions to achieve the goal Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal
B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of Existing 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." Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenantbased assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location.
Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).
The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (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)).
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 self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) 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.
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.
B.3 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.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs
B.5 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 §903.7(p)) C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on 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) C.2 Certification by State of 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. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed 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 certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR
5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing
factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. 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)).
C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.
Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.
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 low- income, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 6.02 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 January 9, 2023, the City of Crescent City Housing Authority has 273 applicants on its HCV waiting list. Of these applicants, 91 are families with children, 115 are disabled families, 72 are elderly families (62 and older); 160 are extremely low-income and 113 are very low-income (59% ELI; 41% VLI). Of the applicants who have self-identified, 3% are Native American, 6% are Asian American, 15% are African American, 1% are Pacific Islander and 75% are Caucasian American. 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 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 Revision to Chapter 17: Project-Based 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 (2023)
$3,178,081 (Estimate) Rental assistance: 677 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
• Chapter 17, Project Based Vouchers
Other Document and/or Certification Requirements to be submitted with PHA Plan B.4—Civil Rights Certification; Board Resolution HA2023-02—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
Certifications of Compliance with
PHA Plan 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 3/31/2024
PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson 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, hereinafter referred to as” the Plan”, of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) for the PHA fiscal year beginning ___7/1/23____, 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 (24 CFR § 91.2).
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 (AI) to Fair Housing Choice, or Assessment of Fair Housing (AFH) when applicable, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan (24 CFR §§ 91.2, 91.225, 91.325, and
91.425).
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 provides assurance as part of this certification that:
(i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA;
(ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours.
5. 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.
6. 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 (42 U.S.C. 2000d-2000d—4), the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program.
7. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3).
The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintains records reflecting these analyses and actions.
8. For PHA Plans that include 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 2011-65);
CRESCENT CITY HOUSING AUTHORITY - RESOLUTION NO. HA2023-02 ___________________________________________________________________________________________________________
• 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; and
• 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 903.7(o)(1).
9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975.
10. In accordance with 24 CFR § 5.105(a)(2), HUD’s Equal Access Rule, the PHA will not make a determination of eligibility for housing based on sexual orientation, gender identify, or marital status and will make no inquiries concerning the gender identification or sexual orientation of an applicant for or occupant of HUD-assisted housing.
11. 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.
12. 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.
13. 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.
14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a).
15. 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.
16. 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.
17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements.
18. 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.
19. The PHA will comply with the policies, guidelines, and requirements of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance, including but not limited to submitting the assurances required under 24 CFR §§ 1.5, 3.115, 8.50, and 107.25 by submitting an SF-424, including the required assurances in SF-424B or D, as applicable.
20. 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.
21. 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 2023
_____ 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 Executive Director: Megan Miller Name Board Chairman: Isiah Wright Signature Date Signature Date
___________________________________________________________________________________________________________
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. This information is collected to ensure compliance with PHA Plan, Civil Rights, and related laws and regulations including PHA plan elements that have changed.
Public reporting burden for this information collection is estimated to average 0.16 hours per year 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.
CITY OF CRESCENT CITY HOUSING AUTHORITY
ADVISORY COMMISSION
235 “H” STREET
CRESCENT CITY, CA 95531
(707) 464-9216
FAX (707) 464-2692
January 26, 2023
Board of Directors
City of Crescent City Housing Authority
377 J Street
Crescent City, CA 95531
RE: FY 2023 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 2023. 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 2023 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 WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA RICE, CITY ATTORNEY
LINDA LEAVER, FINANCE DIRECTOR
DATE: MARCH 20, 2023
SUBJECT: MEASURE S OVERSIGHT COMMITTEE ANNUAL REPORT FOR FISCAL YEAR 2021/2022
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Receive report from Measure S Oversight Committee Chair Perry • Technical questions from the Council
• Receive public comment
• Further Council discussion
• Receive and file Crescent City Measure S Oversight Committee Fiscal Year 2021/ 2022 Annual Report
BACKGROUND
Part of the Measure S Oversight Committee’s responsibilities are to review and publicly report on the annual expenditure of Measure S revenues. Attached is the FY21/22 Financial Statements and Independent Auditor’s Reports (Prepared by Badawi & Associates) as well as summary of the Measure S budgeted and actual revenues and expenditures by department and category. The City’s Measure S financial statements are provided to give an accurate financial snapshot at a specific point in time. The City Council engages a Certified Public Accountant (CPA) to independently audit these statements to provide users of financial reports with assurance concerning their reliability and that the statements are fairly presented.
The independent auditor tests and reviews the City’s records and policies, interviews City staff, and confirms certain details with outside parties (including banks, the State, the County, the City’s insurance provider, legal firms, local businesses, and others) in order to provide an opinion on whether the financial statements present fairly, in all material respects, the financial position of the City. In addition to auditing the Citys full financial statements, the auditor audits and prepares a separate report on the City’s Measure S Measure S Oversight Committee FY21/22 Annual Report
March 20, 2023
2 funds. Audit work begins after the fiscal year ends (June 30) and continues through several phases taking approximately six months. The Fiscal Year 2021-22 audit was completed December 29, 2022.
Measure S revenues and expenditures are included in the City’s General Fund but are tracked separately. The Measure S balance is shown on the City’s audited financial statements as a separate component of the General Fund and also in a stand-alone audit report.
ANALYSIS
As a general overview, Measure S had a balance of $332,467 as of June 30th, 2021. In FY21/22 total Measure S revenues were budgeted at $2,121,550 and actual revenue was $2,283,784 for a variance of $162,234 over the expected final budget. This includes $2,248,200 of Measure S sales tax received and $35,584 of additional revenue (Charges for Services) from the Crescent Fire Protection District for Crescent City Fire and Rescue purchases that have a cost share allocation with the District. Measure S expenditures were lower than budgeted. The final approved budget was $2,457,428 of which the City spent $2,210,766 for a variance of ($246,662) under budget. This variance is primarily due to fire and pool personnel expenses being lower than expected because of vacancies and lower fire personnel involvement in volunteer programs. With the FY 21-22 results, the Measure S balance as of June 30, 2022 is $405,485. This amount is set aside for future Measure S priorities.
Please see the supplementary Information page within the Audit for a more detailed budgeted to actual report from the various Measure S funded departments of the Fred Endert Pool (Human services and Recreation), Fire (Public Safety – Fire), Police (Public Safety – Police), Streets (Public Works), and Financial Oversight (Other).
On March1, 2023 the Measure S Oversight Committee held a public meeting at the Wastewater Treatment Plant. City staff presented the audit report as well as the approved budget and actual fiscal year 2021/2022 revenue / expenditures. After discussion the Oversight Committee then unanimously approved resolution MS2023-02 approving the Committee’s annual report that is attached. This report confirms the amount of revenues received, the total expenditures, the balance of Measure S funds as of 6/30/22, and what departments/projects were funded with Measure S revenues in FY21-22.
Attached to this staff report are the independent auditor’s report for FY 2021-22 Measure S activities and fund balance, FY 2021-22 recommendations from the Measure S Oversight Committee for Measure S expenditures, Council adoption of those recommendations in the City’s budget, and the annual report from the Measure S Oversight Committee for FY 2021-22.
Attachments:
1. Measure S Audit Report Fiscal Year 2021-2022
2. City Council Resolution 2022-35
Measure S Oversight Committee FY21/22 Annual Report
March 20, 2023
3 – Final FY 21/22 Measure S Budget Amendment
3. Measure S Oversight Committee Resolution MS 2022-02
– Final FY 21/22 Budget Amendment Recommendation
4. Resolution MS 2023-02, including Measure S Annual Report Measure S Sales Tax
Crescent City, California
Financial Statements and
Independent Auditor’s Reports
For the year ended June 30, 2022
City of
Crescent City
City of Crescent City
Measure S Sales Tax
Financial Statements
For the year ended June 30, 2022
Table of Contents
Page
Independent Auditors’ Report ................................................................................................................................. 1 Financial Statements:
Balance Sheet .......................................................................................................................................................... 5 Statement of Revenues, Expenditures and
Changes in Fund Balance............................................................................................................................... 6 Notes to Financial Statements ............................................................................................................................. 7 Supplementary Information:
Budgets and Budgetary Accounting ................................................................................................................... 10 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual:
Measure S Sales Tax ........................................................................................................................................ 11 Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................... 13 This page intentionally left blank
INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and Members of the City Council
of the City of Crescent City
Crescent City, California
Opinion
We have audited the accompanying financial statements of the Measure S Sales Tax (Measure S Sales Tax) of the City of Crescent City (City), as of and for the year ended June 30, 2022, and the related notes to the financial statements as listed in the table of contents.
In our opinion, the financial statements present fairly, in all material respects, the financial position of the Measure S Sales Tax of the City as of June 30, 2022 and the changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Emphasis of Matter
As discussed in Note 1, the financial statements present only the Measure S Sales Tax and do not purport to, and do not, present fairly the financial position of the City as of June 30, 2022, and the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.
Responsibilities of Management for the Financial Statements The City’s management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes BADAWI^ASSOCIATES
CERTIFIED PUBLIC ACCOUNTANTS
Address: 2855 Telegraph Avenue, Suite 312 Berkeley, CA 94705 Phone: 510.768.8251 Fax: 510.768.8249 To the Honorable Mayor and Members of the City Council
of the City of Crescent City
Crescent City, California
our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with GAAS, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about City’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit.
Supplementary Information
Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the Measure S Sales Tax of the City. The budgetary comparison schedule is presented for purposes of additional analysis and is not a required part of the financial statements.
The budgetary comparison schedule is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. Such information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally 2 To the Honorable Mayor and Members of the City Council of the City of Crescent City
Crescent City, California
accepted in the United States of America. In our opinion, the budgetary comparison schedule is fairly stated, in all material respects, in relation to the financial statements as a whole.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 29, 2022 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance.
Badawi & Associates, CPAs
Berkeley, California
December 29, 2022
3 This page intentionally left blank
4 City of Crescent City
Measure S Sales Tax
Balance Sheet
Total
ASSETS:
Cash and investments $ 164,515
Taxes receivable 344,453
Total assets $ 508,968
LIABILITIES AND FUND BALANCES:
Liabilities:
Accounts payable $ 94,786
Accrued salaries and benefits 8,697
Total liabilities 103,484
Fund Balance:
Assigned 405,485
Total fund balance 405,485
Total liabilities and fund balance $ 508,968
June 30, 2022
See accompanying Notes to Financial Statements.
5 City of Crescent City
Measure S Sales Tax
Statement of Revenues, Expenditures and Changes in Fund Balance Total
REVENUES:
Measure S sales tax $ 2,248,200
Charges for services 35,584
Total revenues 2,283,784
EXPENDITURES:
Human services and recreation 832,376
Public Safety - Fire 221,380
Public Safety - Police 223,293
Public Works 929,418
Other 4,300
Total expenditures 2,210,766
Net change in fund balance 73,018
FUND BALANCE:
Beginning of year 332,467
End of year $ 405,485
See accompanying Notes to Financial Statements.
For the Year Ended June 30, 2022
6 City of Crescent City
Measure S Sales Tax
Notes to Financial Statements
For the year ended June 30, 2022
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Reporting Entity
All transactions of the Measure S sales tax (Measure S) are reported in the General Fund (Fund) of the City of Crescent City, California (City). A separate set of accounts have been established by the City, to account for revenues earned and expenditures incurred according to Measure S. The accompanying financial statements are for the Measure S sales tax only and are not intended to fairly present the financial position of the City.
B. Basis of Accounting and Measurement Focus
The accompanying financial statements are prepared on the modified accrual basis of accounting.
Revenues are generally recorded when measurable and available (60 days), and expenditures are recorded when the related liabilities are incurred.
The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. All governmental funds are accounted for using a current financial resources measurement focus, wherein only current assets and current liabilities generally are included on the balance sheet.
Operating statements of governmental funds present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets.
C. Fund Accounting
The operations of the Measure S sales tax are accounted for as part of the General Fund. Funds are separate accounting entities with a set of self-balancing accounts which comprise their assets, liabilities, fund equity, revenues, and expenditures.
D. Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates.
E. Revenues and Receivables
During the course of normal operations, the General fund carries a receivable balance for Measure S sales tax. Revenues are recorded when received in cash, except revenues subject to accrual (generally 60 days after year-end) are recognized when due.
7 City of Crescent City
Measure S Sales Tax
Notes to Financial Statements
For the year ended June 30, 2022
2. CASH AND INVESTMENTS
Measure S monies are pooled with the City's cash, cash equivalents, and investments. The City pools cash resources from all funds to facilitate the management of cash. Cash and cash equivalents are considered amounts on hand, in demand deposits, and short-term investments with a maturity date within three months of the date acquired by the City and are presented as "Cash and Investments". The City invests in one external investment pool, the State of California Local Agency Investment Fund (LAIF).
All pooled cash and investments held by the City are considered cash and cash equivalents because LAIF is used essentially as demand deposits from the standpoint of the City. Information about the City's Cash and Investments is disclosed in the City's Basic Financial Statement.
Measure S cash and investments was $164,515 as of June 30, 2022.
3. MEASURE S SALES TAX
The City placed Measure S (a 1% local tax measure) on the ballot for the November 3, 2020 general election. This transactions and use tax (generally referred to as a sales tax) is intended to support and maintain essential services including the City's police and fire departments, street maintenance and repair, and the operations of the municipal swimming pool. Measure S is a general tax, which requires voter approval of at least 50% +1. The voters of Crescent City approved the measure with 64.57% voting yes.
One of the requirements included with the Measure S ordinance is a citizens oversight committee. The committee is made up of five voting members (City residents) and two non-voting members (City staff).
The committee is charged with reviewing and reporting to the public on the revenues and expenditures of Measure S funds. The committee is also charged with making recommendations on the expenditure of Measure S funds to the City Council. All Measure S oversight committee meetings are open to the public.
4. TAXES RECEIVABLES
The taxes receivables represent the Measure S sales tax revenues for the fiscal year remitted after June 30, 2022.
8 SUPPLEMENTARY INFORMATION
9 City of Crescent City
Measure S Sales Tax
Supplementary Information
For the year ended June 30, 2022
1. BUDGETS AND BUDGETARY ACCOUNTING
The City Council has the responsibility for adoption of the City’s budget. Budgets are adopted for governmental and proprietary funds. From the effective date of the budget, the amounts stated as proposed expenditures become appropriations to the various City departments. The City Council may amend the budget by resolution during each fiscal year. The City Manager is authorized to transfer funds from one major expenditure category to another within the same department and fund. Any revisions that alter the total expenditures for any fund must be approved by the City Council.
All appropriations lapse at the endo f the fiscal year to the extent that they have not been expended.
Budgetary comparison is provided in the accompanying financial statements for the Measure S sales tax, which is budgeted within the City’s General Fund.
10 City of Crescent City
Supplementary Information
Measure S Sales Tax
For the year ended June 30, 2022
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
REVENUES:
Measure S sales tax - $ 2,000,000 $ 2,248,200 $ 248,200 $ Charges for services 35,584 121,550 (85,966) $
Total revenues 2,121,550 - 2,283,784 162,234
EXPENDITURES:
Human services and recreation 891,233 - 832,376 58,857
Public Safety - Fire 347,883 - 221,380 126,503
Public Safety - Police 229,579 - 223,293 6,286
Public Works 981,233 - 929,418 51,815
Other 7,500 - 4,300 3,200
Total expenditures 2,457,428 - 2,210,766 246,662
Net change in fund balance $ (335,878) - $ 73,018 408,896 $ FUND BALANCE:
Beginning of year 332,467
End of year $ 405,485
Budgeted Amounts
11 This page intentionally left blank
12 REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE
AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and Members of the City Council
of the City of Crescent City
Crescent City, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the basic financial statements of the Measure S Sales Tax as of and for the year ended June 30, 2022, and the related notes to the financial statements, and have issued our report thereon dated December 29, 2022.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City's internal control. Accordingly, we do not express an opinion on the effectiveness of City's internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
13 BADAWI&ASSOCIATES
CERTIFIED PUBLIC ACCOUNTANTS
Address: 2855 Telegraph Avenue, Suite 312 Berkeley, CA 94705 •Phone: 510.768.8251 Fax: 510.768.8249 To the Honorable Mayor and Members of the City Council
of the City of Crescent City
Crescent City, California
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Measure S Sales Tax financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that is required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
City of Crescent City
Berkeley, California
December 29, 2022
14 RESOLUTION NO. 2022-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2021, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 21st day of June 2021; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, Measure S, a local 1% transactions and use tax was approved by City voters in November 2020 and has an Oversight Committee which meets to review revenues and expenditures and to make recommendations to the City Council; and WHEREAS, the Oversight Committee has met at least eight times from February 2021 through May 2022 to discuss priorities for the FY 2021-22 Measure S funds, resulting in Resolution No.
MS 2022-02 setting forth its updated recommendations as of May 11, 2022; and WHEREAS, the City Council agrees with the recommended priorities and projects; 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:
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)
General Fund $1,099,966
General CIP Fund $982,466 $982,466
Police Vehicle Replacement Fund $60,000 $60,000
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 16th day of May 2022 by the following polled vote:
AYES: Council Members Altman, Inscore, Smith, and Mayor Greenough NOES: None
ABSTAIN: NoneABSENT: Mayor Pro Tern Wright
Robin Patch, City Clerk
Jason Greenough, Mayor X
CITY OF CRESCENT CITY RESOLUTION NO. 2022-35 Page 1
RESOLUTION NO. MS2022-02
A RESOLUTION OF THE CRESCENT CITY MEASURE S OVERSIGHT COMMITTEE
RECOMMENDING EXPENDITURE AMENDMENTS OF MEASURE S FUNDS FOR FY 21/22 AND RECOMMENDING EXPENDITURES OF MEASURE S FUNDS FOR FY 22/23
WHEREAS, on November 2, 2020, the voters of the City of Crescent City approved Measure S, an ordinance imposing a local 1.0% Transactions and Use Tax; and WHEREAS, Measure S requires a seven-member Oversight Committee comprised of five residents of the City of Crescent City as voting members, and the City Manager or designee and the City Finance Director or designee as nonvoting members; and WHEREAS, the Measure S Oversight Committee met on the following dates and heard the needs on the accompanying topics to develop a five year plan and Recommended Budget for FY21/22: February 25, 2021 -Crescent City Police Department, March 9, 2021 -Streets, March 29, 2021 -Crescent City Fire and Rescue, April 12, 2021 - Fred Endert Municipal Pool, and April 26, 2021 - FY 21/22 Summary Presentation; and WHEREAS, the Measure S Oversight Committee met on November 18, 2021 to review FY20/21 expenditures, and received an update on current FY21/22 expenditures; and WHEREAS, the Measure S Oversight Committee met on February 9, 2022 to receive the FY20/21 financial statements and independent auditor’s report prepared by the independent Measure S auditor (Badawi & Associates) and adopted Resolution MS 2022-01, A Resolution of the Crescent City Measure S Oversight Committee approving a report on Measure S Funds for Fiscal Year 2020-2021; and WHEREAS, the Measure S Oversight Committee met on March 15, 2022 to receive an update from the City Manager on higher than anticipated Measure S revenues and priority projects, and at that meeting the Measure S Oversight Committee recommended to the Council to allocate funding for the reconstruction of Front Street (G street to I Street) and the rehabilitation of the Fred Endert Pool HVAC System; and WHEREAS, the Measure S Oversight Committee met on April 27, 2022 to receive an update from the City Manager on proposed amendments to the FY21/22 recommended expenditures, review of the five-year plan for Measure S revenues, and funding needs / department requests for the FY22/23 budget.
RESOLUTION NO. MS2022-02 Page 1
NOW THEREFORE, BE IT RESOLVED, by the Crescent City Measure S Oversight Committee that:
1. The Amendments to FY 21/22 Expenditure Recommendations for Measure S funds as set forth on Exhibit A, attached hereto, are hereby adopted.
2. The FY 22/23 Expenditure Recommendations for Measure S funds as set forth on Exhibit B, attached hereto, are hereby adopted.
PASSED AND ADOPTED and made effective the same day by the Crescent City Measure S Oversight Committee on this 11th day of May, 2022, by the following polled vote:
AYES: Committee Members Mattz, Perry, Reno and Chair Schellong NOES: None
ABSTAIN: NoneABSENT: Committee Member Cruz
Kelly Schellong, Chair
Robin Patch, City Clerk
RESOLUTION NO. MS2022-02 Page 2
Measure S Oversight Committee
Fiscal Year 2021/2022
Amended Expenditure Recommendations
Resolution MS 2022-02
Exhibit A
Fire Department ($230,940)
Continue Volunteer Stipend Proqram $ 11,040
Volunteer Station Staffing Proqram $ 21,900
Increased Traininq Proqram $ 7,500*
Apparatus / Vehicle Replacement Fund $ 38,000
Equipment (Large Diameter Hose) $ 30,000
Small Equipment Replacement $ 5,000*
Citv Station Facility Upqrades $40,000
Volunteer Recruitment Traininq $ 5,000
Additional Apparatus / Vehicle Replacement Fund $ 60,000 Unallocated Funds (For SCBA Bottles FY23 Budqet) $ 12,500* Police Department ($229,579)
Hire two Additional Patrol Officers (Recruits) (6/1/22) $ 12,329* Detective Assiqnment (Assignment delaved FY23) $ 0*
Lieutenant Promotion (10/1/21) $ 5,000*
Bodv Cameras & Tasers (Premium) $ 47,250
Vehicle Replacement (Purchase two patrol Vehicles) $115,000* Facilitv Improvement (Planning / Design) $ 50,000
Street Improvements ($981,233)
Pothole / Crack Seal 1 Minor Repairs $50,000
Sidewalk Repairs $50,000
Striping $25,000Street Preservation Project Design $70,000 Augmented Street Light Budget $ 20,000
Street Preservation Proiect Construction $ 250,000
Front Street Reconstruction (G to I) $516,233*
Measure S Oversight Committee
Resolution MS 2022-02, Exhibit A
Fred Endert Swimming Pool ($891,233)
Parts / Supplies / Equipment / Repairs $ 100,000*
Operations (Personnel Costs') $ 275,000
Pool HVAC Rehabilitation (Boilers / Dehumidification) $ 516,233* Finance Department ($7,500)
Sales Tax Consultant (Ongoing Business Audits and Projections $ 5,000* Independent Audit $ 2,500*
Total Recommended FY21/22 Measure S Expenditures $2,340,485 *Amended 5.11.22
Measure S Oversight Committee
Fiscal Year 2022/2023
Expenditure Recommendations
Resolution MS 2022-02
Exhibit B
Fire Department ($366,072)
Hire three (3) Fire Captains for Engine Response Coverage (10/1/22) $144,632 SCBA Bottle Purchase (Budget rollover from FY22 Est $12,500) Continue Volunteer Stipend Program $ 11,040
Volunteer Station Staffing Program $ 21,900
Increased Training Program $ 10,000
Apparatus / Vehicle Replacement Fund $ 38,000
Small Eguipment Replacement $ 5,000
Volunteer Recruitment Training $ 7,500
Citv Station Facilities Improvements (Ext Drainage) $ 10,000 Computers for Emergencv Response Vehicles $ 5,000
Fire Fighter Escape Bags $ 5,000
SCBA Compressor (Citv Station) $ 60,000SCBA (12 New Packs / 24 Bottles) $ 48,000 Police Department ($510,739)
Hire Two Additional Patrol Officers (6/1/22) $ 167.816
Detective Assignment (6/1/23) $ 411
Lieutenant Promotion (7/1/22) $ 14,312
2nd K9 Officer (K9 Acouisition, Supplies, Officer Training) $ 9,200 Body & Tasers (Premium) $ 47,000
Vehicle Replacement (Two Patrol Vehicles) $ 120,000Vehicle Dash Cameras $ 22,000 Firearms & PPE $ 32,500
Radios (10) $ 17,500
Lockers $ 20,000
Capital Facility Improvement Fund $ 60,000
Street Improvements ($550,000)
Pothole / Crack Seal / Minor Repairs $100,000
Unspent Street Design Funds from FY22 (Est. $55,000)
Sidewalk Repairs $100,000
Striping $ 50,000Streetlight Repair $ 40,000
Street Repair Eguipment (Mini Excavator) $ 10,000
Street Preservation Project Construction $250,000
Measure S Oversight Committee
Resolution MS 2022-02, Exhibit B
Fred Endert Swimming Pool ($511,701)
Operations (Personnel / Electricity / Propane Costs) $331,701 Locker Room Flooring $130,000
Parts / Supplies / Equipment $50,000
Including:
Primary Chemical Storage Tank (Chlorine)
Two Chemical Day Tanks (Chlorine & PH Control)
Chemical Control Sensor Replacement (Annual)
ADA Door Sensor Replacement
Online Reservation System
Slide Repair
Finance Department ($7,500)
Sales tax consultant (ongoing audit and projections) $ 5,000 Independent audit $ 2,500
Total Recommended FY22/23 Measure S Expenditures $1,946,012 The Committee recognizes that actual expenditures may vary from the recommended amounts, due to staffing (timing of new hires, actual cost of benefits, experience level of new hires, etc.), actual costs of purchases, and timing of projects. Recommended projects may be carried forward to the next fiscal year if not completed in this year.
Resolution No. MS2023-02
A RESOLUTION OF THE CRESCENT CITY MEASURE S OVERSIGHT COMMITTEE APPROVING A REPORT ON MEASURE S FUNDS FOR FISCAL YEAR 2021-2022 Whereas, the voters of the City of Crescent City passed Measure S in November 2020 imposing a 1.0% transactions and use tax (“sales tax”) to be imposed within the City limits; and Whereas, Measure S requires that the City have an oversight committee made up of two-non¬ voting staff members and five voting city residents, appointed by the Mayor and confirmed by the City Council; and
Whereas, Measure S also requires that the oversight committee report publicly on an annual basis regarding the expenditure of Measure S revenues; and Whereas, the City’s independent auditor, Badawi & Associates, has completed a separate audit of Measure S funds for FY 2021-2022; and
Whereas, the auditor’s report has been provided to the Measure S Oversight Committee; and Whereas, City staff have also provided the Measure S Oversight Committee with detailed information on the expenditure of Measure S revenues received for FY 2021-2022; and Whereas, the Measure S Oversight Committee has met in a duly noticed public meeting and considered the information presented thereat.
NOW, THEREFORE, BE IT RESOLVED by the Crescent City Measure S Oversight Committee that the attached Measure S Committee Report for FY 2021-2022 is hereby approved.
APPROVED and ADOPTED and made effective the same day by the Crescent City Measure S Oversight Committee at a meeting thereof held on this 1st day of March 2023 by the following polled vote:AYES: Committee Member Reno, Shamblin, Tinkler, and Chair Perry NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: /
Robin Altman, City Clerk
Ernest R£rry, Chairperson
Crescent City Measure S Oversight Committee
Fiscal Year 2021-2022
Annual Report
Voting Committee Members:
Ernest Perry, Chair (22-23)
* Dana Reno, Vice Chair (22-23)
Candice Tinkler (23-24)
Steve Shamblin (23-24)
Vacant
Non-Voting Committee Members:
Eric Wier, City Manager
Linda Leaver, Finance Director
Dear City Council and Residents of Crescent City:
The Crescent City Measure S Oversight Committee makes this report pursuant to Crescent City Municipal Code 3.30.140.
1. PERIOD COVERED
This report covers Fiscal Year 2021-2022 (July 1, 2021 through June 30, 2022).
2. MEASURE S REVENUES
During FY 2021-2022, the City received $2,283,748 in Measure S tax revenue. The original approved budget included a tax revenue estimate of $1,300,000 which was later increased to $2,000,000 during the FY 2021-22 midyear budget update based on updated FY 2021-22 sales tax revenue projections from HdL, a consultant which the City contracts to provide sale tax revenue projections for both the City’s General Fund as well as Measure S.
Some additional revenue is received as reimbursement from the Fire District when Measure S funds are spent on items that are shared with the District. When the District reimburses the City for its share of those items, the reimbursement revenue is returned to the Measure S balance.
3. MEASURE S EXPENDITURES
Measure S funds are intended to fund public safety (Police and Fire), streets, and the swimming pool. The committee met five times in early 2021 to develop recommendations for the FY 2021-22 budget:
• February 25, 2021 - Crescent City Police Department
• March 9, 2021 -Streets
• March 29, 2021 -Crescent City Fire and Rescue• April 12, 2021 -Fred Endert Municipal Pool April 26, 2021 -FY 21-22 summary and recommendations
This series of meetings resulted in a five-year spending plan, with a budget recommendation which was presented to the City Council for inclusion in the FY 21-22 budget. The Council approved all of the recommendations of the committee.
On February 9, 2022, the committee received the independent auditor’s report for the FY 20-21Measure S revenues and expenses. Only one quarter (April to June 2021) was included in that fiscal year since the tax began being collected April 1, 2021. Revenues for that quarter were higher than projected and expenses were lower than budgeted, resulting in a balance of $332,467 reserved for Measure S projects or activities.
On March 15, 2022, the committee and City Council received an update on FY 21-22 revenues and priority projects. Revenues were initially projected to be approximately $1.3 million per year, but recent projections were increased to approximately $2 million. At this meeting, the committee recommended allocating some of the additional Measure S funds to reconstruct another portion of Front Street (between G Street and I Street) along with City funds from the General Fund and ARPA (American Rescue Plan Act) funds, and to request additional funding from the Local Transportation Commission. The committee also recommended allocating some additional Measure S funds toward an HVAC and dehumidification project for the swimming pool and requested the Council to allocate ARPA funds toward that project as well.
The City Council voted to approve the committee’s recommendations and directed staff to request funding for Front Street from the Local Transportation Commission. LTCo approved the request at its April meeting.
On April 27, 2022, the committee met again for an update and further recommendations for changes to the FY 21-22 budget, as well as began discussions for the FY 22-23 budget.
On May 11, 2022, the committee met to provide final recommendations for the FY 21-22 budget and FY 22-23 budget, which were adopted by the committee in Resolution No. MS 2022-02 (Attached) On May 16, 2022 the Council adopted Resolution 2022-35 amending the fiscal year 2021-22 budget to include these recommendations.
4. MEASURE S FUNDS REMAINING
In addition to the Measure S begining fund balance of $332,467, the City Measure S expenditures were less than Measure S revenues received in FY 21-22, resulting in a fund balance of $405,485 as of June 30, 2022.
Respectfully,
ErnesKPerry, Chairperson
Measure S Oversight mittee
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: MARCH 20, 2023
SUBJECT: TOBACCO RETAIL LICENSE ORDINANCE DISCUSSION
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Council deliberation
• Give direction to staff regarding the development of a tobacco retail license ordinance
BACKGROUND
Following a presentation from Amber Wier of NorCal4Health and community youth to both the City Council and Board of Supervisors, the Council and Board held a joint meeting (March 29, 2022) to discuss the potential development of a tobacco retail license ordinance (“TRL”) in their respective jurisdictions. The main driver for the TRL discussion was the prevalence of “vaping” among our youth and the tobacco industry’s evident targeting of youth with candy-like flavors. At that meeting, however, neither the City Council nor the Board of Supervisors supported the implementation of a TRL.
CALIFORNIA FLAVORED TOBACCO BAN:
In August of 2020, Governor Gavin Newsom signed SB 793, banning flavored tobacco products (with a few exceptions). Big tobacco was successful in gathering enough signatures to refer the bill to the voters and the ban was put on hold. On November 8, 2022, California voters upheld the law as Proposition 31. R.J. Reynolds Tobacco Company (Newport, Pall Mall, Doral) then requested an emergency injunction against enforcement of the law and appealed all the way to United States Supreme Court arguing that the California ban was superseded by the federal Tobacco Control Act of 2009. The application for an injunction was ultimately denied and the law went into effect in late December 2022.
TRL DISCUSSION
March 20, 2023
2 DEL NORTE COUNTY REGULATIONS:
The Board of Supervisors revisited the idea of adopting a TRL ordinance on July 12, 2022 and directed staff to develop one for the unincorporated area of the County. On September 24, 2022, the Board of Supervisors adopted Ordinance No. 2022-010, which contains the following regulations:
1. Prohibits the sale of tobacco in any store that contains a pharmacy.
2. Limits the issuance of tobacco retail licenses to retailers that were in business on July 1, 2022 and provides that said licenses are not transferable between locations or persons.
3. Prohibits advertising tobacco products within 500 feet of schools, playgrounds, child daycare facility, community center or public library.
4. Prohibits the advertising or placement of tobacco products within 5 feet of candy, snack, or non-alcoholic beverage displays, unless access to the premises is limited to persons of age 21 and older.
5. Makes the violation of any state or federal law related to the marketing, sale, or distribution of tobacco products an administrative violation that would result in a fine and automatic revocation of the TRL. After 60 days, the retailer could re-apply for a TRL.
CRESCENT CITY REGULATIONS:
Currently, the City’s Zoning Code requires a conditional use permit (“CUP”) for the establishment of a new tobacco retailer (2015), which is available in the C-1, C-2 and CW zones (see Chapter 17.91). When evaluating the application for a conditional use permit, the planning commission may consider the proximity of the proposed tobacco retailer to parcels occupied by various uses, including public or private schools, daycare facilities or preschools, public playgrounds, youth centers, recreation centers, arcades, public parks, public libraries, and churches conducting youth programs. The chapter contains the following additional tobacco product regulations:
1. Prohibits the advertising of tobacco products in a publicly visible location within 500 feet of a school, playground, daycare center, public community center, or public library (except within a store);
2. Prohibits the distribution of promotional tobacco products to minors;
3. Prohibits self-service displays – all tobacco products must be in a locked case or behind the counter;
4. Prohibits tobacco product vending machines;
5. Prohibits the sale of tobacco products to minors;
6. Requires points of sale signs regarding legal age to purchase tobacco products; and
7. Stores that have 3500 SF or less of retail floor area may only cover 10% of each window or door with signs, banners, ads, etc.
TRL DISCUSSION
March 20, 2023
3 The regulations contained above in items 2, 3, 4, 5, and 6 are all duplicative of state and/or federal laws. That leaves items 1 and 7 as the “local” regulations (in addition to the CUP, which is focused on location). Retailers that were operating prior to the adoption of the ordinance in 2015 are not required to get a CUP, unless they move locations. They are however, subject to the regulations set forth in 1-7 above. There is no set limit on the number of retailers that can obtain a CUP within the City.
ITEM ANALYSIS
The City Council directed that this item be brought back on a future agenda for further discussion. The Council should consider the following questions when formulating direction to staff:
1. What is the goal of the TRL ordinance?
2. What problem or specific issue the Council is trying to solve or prevent?
3. What is the cost / benefit analysis?
4. Will there be a fee associated with the issuance of a TRL?
5. Can the same goal be accomplished with adoption of regulations in lieu of a licensing program?
The implementation of any licensing scheme will require staff time to process applications, oversee implementation, field complaints, renew licenses, process appeals, etc. The benefit of the license approach is that its enforcement can range from a warning to a fine to the revocation of the license and loss of ability to sell tobacco products.
Additionally, if the Council so chooses, the Council could limit the number of available tobacco retailer licenses.
The implementation of additional regulations on tobacco retailers, without a licensing scheme, is an alternative that requires less staff time to oversee and monitor. The downside is that the violation of a regulation does not carry the same consequential weight as the violation of a tobacco retail license. Violators face fines but not revocation of their ability to sell tobacco products. The City, however, has not had any major issues with tobacco retailers adhering to the municipal code regulations that have been adopted.
FISCAL ANALYSIS
Direction to staff will have no direct fiscal impact. There will be staff time associated with the development of the ordinance, processing licenses, administration and oversight. The fiscal impact will partly depend upon whether a fee is implemented as part of the licensing program.
ATTACHMENTS
1. Del Norte County TRL
2. CCMC Chapter 17.91
3. March 29, 2022 Joint Workshop Staff Report
BOARD OF SUPERVISORS
COUNTY OF DEL NORTE, STATE OF CALIFORNIA
ORDINANCE NO. 2022-010
AN ORDINANCE ESTABLISHING A TOBACCO RETAIL LICENSE
The following ordinance, consisting of one section, was passed and adopted by the Board of Supervisors of the County of Del Norte. State of California, at a regular meeting of the Board of Supervisors held on the 14th day of September. 2022, by the following vote:
AYES: Supervisor Short, Starkey, Howard. Hemmingsen. Masten NOES: None
ABSENT: None
Del Norte County Board of Supervisors
State of California
ATTEST:
/|e Goug
of the Board of Supervisors
our
County of Del Norte County
Approved as to fopfn:
e County Counsel
Joel C
Del
The Board of Supervisors of the County of Del Norte ordains as follows:
SECTION 1: Chapter 1 of Title 7 is added to the County Code to read as Follows Title: 9 -Health and Welfare
Chapter: 11 -Regulation of Tobacco Retail
Section: 10 -Intent and Application
The intent of this chapter is to protect the health, safety and welfare of the adults and children of the County of Del Norte through strong and effective regulatory controls on the sale of tobacco and tobacco products. This ordinance applies throughout the unincorporated area of the County of Del Norte.
Title: 9 -Health and Welfare
Chapter: 11 - Regulation of Tobacco Retail
Section: 20 -Definitions
For the purposes of this chapter, the following definitions apply:
A. “Person” means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.
B. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
C. “Tobacco Product” means a tobacco product as defined in Section 104495 of the California Health and Safety Code, as that provision may be amended from time to time.
D. “Tobacco Retailer” means a person who engages in the unincorporated area of the county of Del Norte in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state.
Title: 9 -Health and Welfare
Chapter: 11 - Regulation of Tobacco Retail
Section: 30 -Tobacco Retail License
A. Beginning January 1, 2023, it shall be unlawful for any Person to act as a Tobacco Retailer, to advertise Tobacco Products, or to store Tobacco Products in public view, without first obtaining and maintaining a valid Tobacco Retail License pursuant to this chapter for each location at which Tobacco Retailing is to occur. Tobacco retailing without a valid Tobacco Retail License is a nuisance as a matter of law.
B. No license may issue to authorize tobacco retailing in a Pharmacy.
C. Only a Tobacco Retailer that was in the business of retailing Tobacco Products as of July 1, 2022 is eligible to apply for a Tobacco Retail License.
D. A Tobacco Retail License is not transferrable between Persons or locations.
Upon any change of ownership of a Tobacco Retailer, the Tobacco Retail License will be automatically terminated and will not be eligible for renewal.
For the purpose of this Section, any change in majority control of a corporation, partnership, limited liability company or other legal entity constitutes a change in ownership.
E. A Tobacco Retail License is a ministerial, administrative permit, which shall be issued to any Tobacco Retailer which:
a. Submits an application on a form to be developed by the county. The application must include, at minimum, the following:
i. The name of the Tobacco Retailer
ii. The address of the retail location for which the application is being made.
iii. Proof that the Tobacco Retailer was in the business of retailing Tobacco Products on July 1, 2022.
iv. A statement that the applicant consents to entry into all areas of the retail premises for the purpose of inspection and enforcement during all hours of operation, without advanced notice. v. A statement certifying that the applicant’s business has not been cited for a violation of any state or federal law, or any provision of the County Code, within the 60 day period preceding the filing of the application.
b. Pays the application fee, as set by the board of supervisors pursuant to Government Code Section 54985 et seq.
c. Does not have any outstanding fees, taxes or penalties owed to the County of Del Norte.
F. A Tobacco Retail License must be prominently displayed in a publicly visible location at the Retail Location.
G. A Tobacco Retail License is valid for one year, and may be renewed each year upon payment of a renewal fee set by the board of supervisors pursuant to Government Code Section 54985 et seq.
H. Violation of any portion of this Chapter, or any state or federal law related to the marketing, sale, or distribution of Tobacco Products will result in an Administrative Citation pursuant to Chapter 60 of Title 1 of this Code. The issuance of a Citation, in addition to any applicable fines, will result in the automatic revocation of all Tobacco Retail Licenses possessed by the Tobacco Retailer. A Tobacco Retailer will be eligible to reapply for a Tobacco Retail License after 60 days. Revocation of the license will be stayed pending any appeal of the citation.
Title: 9 -Health and Safety
Chapter; 11 - Regulation of Tobacco Retail
Section: 50 -Restriction on Advertising Tobacco Products A. No person may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of Tobacco Product on an advertising display sign in a publicly visible location within 500 hundred feet of the perimeter of an elementary or secondary school, high school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts), child day care facility as defined in Health and Safety Code Section 1596.750, public community center or public library.
B. No Tobacco Retailer may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of Tobacco Products or any display containing tobacco products within 5 feet of candy, snack, or non¬ alcoholic beverage displays.
C. The restriction under subsection (b) does not apply to a Tobacco Retailer where access to the premises is prohibited for those under 21 years of age 3/8/23, 3:41 PM Chapter 17.91 SALE OF TOBACCO PRODUCTS
https://library.qcode.us/lib/crescent_city_ca/pub/municipal_code/item/title_17-chapter_17_91?view=all 1/5 Crescent City, California Municipal Code
Title 17 ZONING
Chapter 17.91 SALE OF TOBACCO PRODUCTS
Note
17.91.010 Definitions.
17.91.020 Tobacco retail establishments.
17.91.030 Restriction on advertising tobacco products.
17.91.040 Exceptions.
17.91.050 Distribution of promotional items to minors.
17.91.060 Self-service displays.
17.91.070 Signs.
17.91.080 Sale to minors prohibited.
17.91.090 Tobacco vending machines prohibited.
17.91.100 Limitation on coverage of windows and doors.
Note
* Editor’s note—Ord. No. 785, § 8, adopted April 20, 2015, set out provisions intended for use as Chapter 17.87, §§ 17.87.010—17.87.100. To preserve the style of this Code, and at the editor’s discretion, these provisions have been included as Chapter 17.91, §§ 17.91.10—17.91.100.
17.91.010 Definitions.
The following words and phrases, whenever used in this chapter, have the meaning defined in this section unless the context clearly requires otherwise:
A. “Tobacco Product” means:
3/8/23, 3:41 PM Chapter 17.91 SALE OF TOBACCO PRODUCTS
https://library.qcode.us/lib/crescent_city_ca/pub/municipal_code/item/title_17-chapter_17_91?view=all 2/5
1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
2. Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah.
3. Notwithstanding any provision of subsections (a) and (b) to the contrary, “Tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
B. “Electronic Smoking Device” means an electronic device which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “electronic smoking device” includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
C. “Tobacco Retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
D. “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation.
E. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of tobacco products.
F. “Advertising Display Sign” means a sign, billboard, poster, freestanding sign, balloon, pennant or banner that is temporarily or permanently placed on or affixed to the ground, the sidewalk, a pole or post, a fence, or a building, or is displayed in the windows or doors of a commercial establishment, and that is used to advertise or promote products.
G. “Promote” or “Promotion” means a display of any logo, brand name, character, graphics, colors, designs, or recognizable color or pattern of colors, or any other indicia or product identification with, or similar to, or identifiable with, those used for any particular brand of tobacco product.
H. “Publicly Visible Location” means any outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or any location inside a commercial establishment immediately adjacent to a window or door where such location is visible from any street, sidewalk, or other public thoroughfare. (Ord. No. 785, § 8, 4-20-2015)
3/8/23, 3:41 PM Chapter 17.91 SALE OF TOBACCO PRODUCTS
https://library.qcode.us/lib/crescent_city_ca/pub/municipal_code/item/title_17-chapter_17_91?view=all 3/5
17.91.020 Tobacco retail establishments.
This section establishes permit requirements and standards for the development and operation of a tobacco retailer.
A. Permit requirements. Notwithstanding any provision of this title, a tobacco retailer may be established in the following zoning districts subject to securing a conditional use permit: C-l, C-2, CW.
B. Development standards. The planning commission may take into consideration the proximity of the proposed tobacco retailer with parcels occupied by the following uses:
1. Public or private kindergarten, elementary, middle, junior high or high schools;
2. Licensed child day care facility or preschool other than a small or large family day care home;
3. Public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts);
4. Youth or teen center;
5. Public community center or recreation center;
6. Arcade;
7. Public park;
8. Public library; or
9. Houses of worship conducting youth programs or youth oriented activities. (Ord. No. 785, § 8, 4-20-2015)
17.91.030 Restriction on advertising tobacco products.
No person may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of tobacco product on an advertising display sign in a publicly visible location within five hundred feet of the perimeter of an elementary or secondary school, high school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts), day care center, public community center or public library. (Ord. No. 785, § 8, 4-20-2015)
17.91.040 Exceptions.
The restrictions contained in 17.91.030 do not apply to advertising or promotions for tobacco products that are either:
3/8/23, 3:41 PM Chapter 17.91 SALE OF TOBACCO PRODUCTS
https://library.qcode.us/lib/crescent_city_ca/pub/municipal_code/item/title_17-chapter_17_91?view=all 4/5 A. Located inside a commercial establishment, unless such advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare; or B. On tobacco product packaging. (Ord. No. 785, § 8, 4-20-2015)
17.91.050 Distribution of promotional items to minors.
No person may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item or service to a minor, which bears the brand name, alone or in conjunction with, any other word, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of tobacco product. (Ord. No. 785, § 8, 4-20-2015)
17.91.060 Self-service displays.
It is unlawful for any person to sell, permit to be sold, offer for sale, or display for sale, any tobacco product by any means of self-service merchandising, including but not limited to self-service display, rack, countertop or shelf, or any means other than vendor-assisted sales. All tobacco products must be offered for sale exclusively by means of vendor assistance, and all tobacco products must be either in a locked case or in an area not accessible to the public prior to sale. (Ord. No. 785, § 8, 4-20-2015)
17.91.070 Signs.
Any person, business, or tobacco retailer must post plainly visible signs at the point of purchase of tobacco products which state “THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED.” The letters of said signs must be at least one inch high. (Ord. No. 785, § 8, 4-20-2015)
17.91.080 Sale to minors prohibited.
No person, business, or tobacco retailer may sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as eighteen years or greater. (Ord. No. 785, § 8, 4-20-2015)
17.91.090 Tobacco vending machines prohibited.
No person, business, or tobacco retailer may locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. (Ord. No. 785, § 8, 4-20-2015)
17.91.100 Limitation on coverage of windows and doors.
3/8/23, 3:41 PM Chapter 17.91 SALE OF TOBACCO PRODUCTS
https://library.qcode.us/lib/crescent_city_ca/pub/municipal_code/item/title_17-chapter_17_91?view=all 5/5 Tobacco product retailers which have a retail/public floor area of three thousand five hundred square feet or less must have glass or transparent glazing in the windows and doors. No more than ten percent of any window or door area may be visually obstructed by signs, banners, or opaque coverings of any kind so that law enforcement personnel will have clear view of the entire public area in the premises from the public sidewalk. (Ord. No. 785, § 8, 4-20-2015) Contact:
City Clerk: 707-464-7483 x223
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.
JOINT WORKSHOP
CITY COUNCIL
BOARD OF SUPERVISORS
STAFF REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
CHAIR HEMMINGSEN AND BOARD OF SUPERVISORS
FROM: MARTHA D. RICE, CITY ATTORNEY
JOEL CAMPBELL-BLAIR, COUNTY COUNSEL
DATE: MARCH 29, 2022
SUBJECT: TOBACCO RETAIL LICENSE ORDINANCES DISCUSSION
_________________________________________________________________
RECOMMENDATION
• Hear presentation from legal counsel
• Council and Board discussion
• Receive public comment
• Provide direction to City and County staff regarding the development of tobacco retail license ordinances
BACKGROUND
Both the City Council and the Board of Supervisors received presentations from Amber Wier of NorCal4Health and students from Del Norte High School regarding vaping among youth in our community. The presentation also requested that the City and County consider implementing a tobacco retail license ordinance (“TRL”), which could potentially assist in curbing the use of tobacco and vape products in our youth.
The City Council directed staff to bring back additional information regarding the contents of a TRL ordinance for further discussion and consideration. The Board of Supervisors requested coordination with the City on the implementation of any tobacco retail license policy. Therefore, staff from both agencies suggested setting up a joint workshop for the P a g e | 2
two legislative bodies to discuss implementing a tobacco retail ordinance in their respective jurisdictions.
ITEM ANALYSIS
Current laws governing the manufacture and sale of tobacco products are primarily contained in the following laws:
• Federal Family Smoking Prevention and Tobacco Control Act (21 USC § 387, et seq.), a federal law that authorizes the FDA to regulate the manufacturing of tobacco products, including the flavors or additives that they contain, the sale and distribution of tobacco products and the advertising and promotion of tobacco products. The law specifically prohibits all flavored cigarettes, except menthol. • Federal Cigarette Labeling and Advertising Act (Pub. L. No. 89-92, 79 Stat. 282 (1965)), established a comprehensive federal program governing cigarette labeling and advertising. State and local laws may address specific bans or restrictions on the time, place, and manner, but not content, of the advertising or promotion of cigarettes (required warning labels, no television advertisements). 1 Municipalities can adopt laws that regulate the advertising / promotion of other tobacco products (cigars, vape pens).
• Comprehensive Smoking Education Act of 1984 (Pub. L. No. 98-474, 98 Stat. 2200 (1984)) requires the rotating of health warning labels (Surgeon Generals Warnings) on cigarette packages and advertisements.
• Federal Comprehensive Smokeless Tobacco Health Education Act (Pub. L. No. 99-252, 100 Stat. 30 (1986)) established a federal program governing smokeless tobacco labeling and advertising. Smokeless tobacco is limited to tobacco products that consist of cut, ground, powdered, or leaf tobacco intended to be placed in the nose or mouth. The Act requires the rotating of health warning labels (Surgeon General’s Warnings) on packages and advertisements and prohibits advertising on television and radio.
• California’s STAKE Act (Bus. & Prof. Code 22950-22963) sets minimum requirements on retailers relating to the sale, distribution and display of tobacco products while expressly allowing municipalities to impose stricter regulations. • California’s Cigarette and Tobacco Products Licensing Act of 2003 (Bus. & Prof.
Code § 22970-22991) requires retailers, wholesalers, distributors, manufacturers and importers to obtain a license from the California Dept. of Tax and Fee 1 Even if a local regulation is compliant with the FCLAA, the First Amendment places significant limitations on regulations on commercial speech that must be analyzed in each instance. Central Hudson Gas v. Public Service of Commission of New York (1980) 447 U.S. 557.
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Administration. The primary purpose of this Act is to track and collect taxes on tobacco products sold in California.
• 1998 Tobacco Master Settlement Agreement between 52 states and territories and the four largest tobacco companies (R.J. Reynolds, Phillip Morris, Brown & Williamson and Lorillard and the tobacco industry’s trade associations), which places limitations on advertising, marketing and promotion of tobacco products (no cartoon characters in advertising, packaging, or promotion of products). The agreement also required the payment of money to the settling parties for the purpose of funding smoking prevention programs.
• 1998 Smokeless Tobacco Master Settlement Agreement between 44 states and the United States Smokeless Tobacco Company (brands include Copenhagen, Skoal, and others), which places limitations on outdoor tobacco advertisements and promotional activities and requires payments to the fund tobacco prevention education.
While there are several federal and state laws governing the manufacture, sale, and advertising of tobacco products, many communities are still facing troubling levels of tobacco use among their youth, most commonly in the form of vaping. Vaping involves the heating of a liquid to create a vapor to be inhaled with a battery-powered device (vape pen, tank, pod, or other form of electronic cigarette). Del Norte County is not immune to this trend and recent surveys conducted at our local schools confirm the pervasiveness of vaping among our youth.
One suggestion brought forth by Amber Wier of NorCal4Health, a California Health Collaborative, is for the City and County to adopt a tobacco retail license ordinance requiring tobacco retailers to obtain a local license, thereby subjecting them to local control and enforcement of tobacco regulations.
TOBACCO RETAIL LICENSE ORDINANCE
A model TRL ordinance was developed by ChangeLab Solutions in 2018 and updated by the Public Health Law Center at Mitchell Hamline School of Law and the American Lung Association of California in 2020. The model ordinance uses tobacco retailer licensing as the enforcement mechanism. Thus, every tobacco retailer in the City / County would be required to have a tobacco retailer license. The license would be subject to suspension or revocation if the tobacco retailer is not compliant with the tobacco retailer regulations.
Many of the proposed regulations are already contained in Federal or State laws, however, putting them in a TRL ordinance gives the City / County a greater role in enforcement. Rather than face a fine from the State, the retailer could risk losing their ability to sell tobacco altogether by the City / County revocation of their local tobacco P a g e | 4
retailer license. There are a variety of regulations that the City Council or Board of Supervisors may select to impose.
The regulations in the model ordinance include the following subject / restrictions:
General Regulations Current Laws
1. Minimum purchaser age of 21 CA: min. age is 21 (BPC § 22951; Penal Code § 308.)
FED: min. age is 21 (21 USC 387f.)
2. Identification required for all
purchasers of tobacco
products
CA: positive identification for any person
reasonably appearing under the age of 21. (BPC
§ 22956.)
FED: positive identification for any person
appearing under the age of 27. (21 USC § 387f;
21 CFR § 1140.14.) – to be raised to 30.
3. Self-service displays
prohibited
CA: Currently prohibited with exceptions for pipe
tobacco, snuff, chewing tobacco and dipping
tobacco sold in “tobacco stores.” (BPC § 22962).
FED: Currently prohibited by Tobacco Control Act
with exceptions for mail orders and adult only
facilities. (21 USC 387f; 21 CFR §§ 1140.14,
1140.16.)
4. On-site sales only (no
delivery)
CA: The retail shipment of tobacco products is
regulated. (BPC § 22963; BPC § 17537.3.);
verification of age is required.
FED: The retail shipment of cigarettes and
smokeless tobacco though the USPS is
prohibited. Cigars are specifically exempt. (18
USC § 1716E.); verification of age is required.
5. No smoking within a tobacco
retailer or within a specified
distance of tobacco retailer
[25 ft].
CCMC: § 9.17.050(c) smoking is prohibited
within 25-feet of public entrances to buildings
open to the public.
CA: Labor Code prohibits indoor smoking in
“places of employment”; various exceptions
including retail or wholesale tobacco shops and
private smokers’ lounges. (LC §6404.5.)
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Tobacco Product Regulations Current Laws
6. Prohibition on Flavored
Tobacco Products – defined
as any tobacco product that
smells or tastes like anything
other than tobacco. TRL
ordinances tend to use the
same language as is
contained in SB 793.
CA: California lawmakers passed SB 793, which
would prohibit the sale of flavored tobacco
products and tobacco product flavor enhancers,
including cigarettes, cigars, chewing tobacco, ecigarettes and pipe tobacco (with exceptions for hookah tobacco retailers, premium cigar
lounges). A referendum on SB 793 will be
presented to the voters on the November 2022
ballot.
FED: Federal law prohibits flavored cigarettes,
other than menthol, but the same restriction does
not apply to other tobacco products. (21 USC §
387g.)
The FDA is on track to adopt two new tobacco
product standards this Spring – one prohibiting
menthol flavoring in cigarettes and one
prohibiting all flavors in cigars.
7. Must be sold in
manufacturer’s packaging,
compliant with federal law
CA: Single cigarettes (“loosies” or “singles”) are
unlawful. (PC § 308.2.)
FED: Tobacco Control Act and implementing
regulations require:
• Cigarettes, min packages of 20. (21 CFR §
1140.16(d).)
• Surgeon General’s Warnings (fed)
8. May not distribute tobacco
products as a promotion
9. May not honor or issue
coupons or discounts for
tobacco products
CA: California law prohibits free or nominal-cost
cigarettes or smokeless tobacco products to be
sold or distributed in any public grounds or any
private grounds open to the public. Exceptions
include other tobacco products (cigars),
distribution in connection with the sale of another
item, and the law does not apply to grounds
where minors are prohibited and the minors are
denied access by a peace officer or security
guard. (HSC § 118950; 18 CCR § 4081.)
FED: Federal law prohibits manufacturers,
distributors, and retailers from distributing free
samples of tobacco products, with exceptions for
“qualified adult only facilities.” (21 U.S.C. § 387a1; 21 CFR § 1140.16(d).)
10.Min. package size for little
cigars and cigars
FED: not regulated; however, Federal law
mandates cigarettes not be sold in quantities of
less than 20. (21 CFR § 1140.16(b).)
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11.Min. price for cigarettes, little
cigars and cigars
12.Must display price on
package or on shelf next to
package
13.Prohibit placement of tobacco
products within [x] feet of
candy, snack, or nonalcoholic beverage displays
(not within model ordinance but requested by
NorCal4Health as additional measure to
consider)
14.Prohibit placement of tobacco
advertisements within [x] feet
of candy, snack or nonalcoholic beverage displays
(not within model ordinance but requested by
NorCal4Health as additional measure to
consider)
Retail Location Regulations Current Laws
15.No mobile vendors CA: The Cal. Dept. of Tax and Fee
Administration will not issue a state retail license
to a mobile retailer. It is illegal to sell tobacco
products without a CDTFA license. “Cigarette
and Tobacco Products Licensing Act Annotations
(Business Taxes Law Guide – Revision 2019).”
16.No cannabis retailers CA: State law prohibits the sale of tobacco products where cannabis is sold. (BPC § 26054;
16 CCR § 5026.)
17.No pharmacies
18.Proximity to other tobacco
retailers
19.Proximity to cannabis
retailers
20.Proximity to youth-oriented
facility, other tobacco
retailers, or cannabis retailers
21.Maximum number of licenses
to be issued within a
jurisdiction
Any combination of the above regulations may be incorporated into a TRL ordinance.
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ADMINISTRATION AND ENFORCEMENT
Creating a local licensing scheme requires a certain level of administrative effort to set up initially and then to track over time. Each tobacco retailer will have to apply for a license and once granted, renew their license each year. Staff will need to review and process these applications / renewals. There will also need to be outreach and education for local tobacco retailers prior to implementation and/or enforcement.
It is anticipated that if a local TRL ordinance is adopted, we would see a significant amount of voluntarily compliance. However, if there is no enforcement or compliance monitoring, then compliance will likely decrease over time. Enforcement can range from only responding to complaints to periodic overt compliance checks to random covert compliance checks.
In the event of a violation, there will need to be a hearing process whereby the licensee can contest the facts underlying the violation. Such hearings would likely be infrequent, but they would require additional staff time to attend and administer the process.
Ultimately, however, if a tobacco retailer is found to be in violation of the terms of the TRL ordinance, the retailer can face anything from a warning to a fine to the revocation of their license. Without a license, it would be unlawful for the retailer to sell tobacco products altogether within the jurisdiction.
ATTACHMENTS
• Model Tobacco Retail License Ordinance
• “Product Placement and Ads Increase Youth Tobacco and Nicotine Use” publication from NorCal4Health and Cal. Dept. of Public Health TRL MODEL ORDINANCE Page 1 of 8
TOBACCO RETAIL LICENSE MODEL ORDINANCE
***
Sec. [ ____ (*2) ]. GENERAL REQUIREMENTS AND PROHIBITIONS. (A) TOBACCO RETAILER’S LICENSE REQUIRED. It shall be unlawful for any person to engage in tobacco retailing in the [ city/county ] without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law. (B) LAWFUL BUSINESS OPERATION. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this [ article/chapter ] for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products. (C) SMOKING PROHIBITED. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within 25 feet of any retail establishment licensed under this [ article/chapter ].
(D) MINIMUM LEGAL SALES AGE. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.
(E) DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
(F) POSITIVE IDENTIFICATION REQUIRED. No person engaged in tobacco retailing shall sell a tobacco Product to another person without first verifying by means of government issued photographic identification that the recipient is at least 21 years of age. (G) SELF-SERVICE DISPLAYS PROHIBITED. Tobacco retailing by means of a self-service display is prohibited.
(H) ON-SITE SALES. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this [ article/chapter ] for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the [ city/county ].
Sec. [ ____ (*3) ]. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. (A) FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.
(B) PRESUMPTIVE FLAVORED TOBACCO PRODUCT. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
TRL MODEL ORDINANCE Page 2 of 8
Sec. [ ____ (*4) ]. TOBACCO PRODUCT PRICING AND PACKAGING. (A) PACKAGING AND LABELING. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product:
(1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. (B) DISPLAY OF PRICE. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale. (C) DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS. It is unlawful for any person to distribute free or nominally priced tobacco products.
(D) PROHIBITION OF TOBACCO COUPONS AND DISCOUNTS. No tobacco retailer shall:
(1) honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;
(2) sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or (3) provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.
(E) MINIMUM PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS. No tobacco retailer shall sell:
(1) any little cigar unless it is sold in a package of at least [ 20 ] little cigars; or (2) any cigar unless it is sold in a package of at least at least [ 6 ] cigars ; provided, however, that this subsection shall not apply to a cigar that has a price of at least [ $X.00 ] per cigar, including all applicable taxes and fees.
(F) MINIMUM PRICES FOR CIGARETTES, LITTLE CIGARS, AND CIGARS. No tobacco retailer shall sell:
(1) Cigarettes at a price that is less than [ $X.00 ] per package of 20 cigarettes, including all applicable taxes and fees;
(2) Little cigars at a price that is less than [ $X.00 ] per package of little cigars, including all applicable taxes and fees; or
(3) Cigars at a price that is less [ $X.00 ] per cigar, including all applicable taxes and fees. (4) The minimum prices established in this section shall be adjusted annually by the Department in proportion with the Consumer Price Index, using a system established by the Department.
Sec. [ ____ (*5) ]. LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (A) MOBILE VENDING. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business. (B) LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10. (C) PHARMACIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.
(D) PROXIMITY TO YOUTH-ORIENTED FACILITIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a youth-oriented facility as TRL MODEL ORDINANCE Page 3 of 8
measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located.
(E) PROXIMITY TO OTHER TOBACCO RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a tobacco retailer location already licensed pursuant to this [ article/chapter ] as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located.
(F) PROXIMITY TO CANNABIS RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer is located.
(G) POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows:
(1) The total number of tobacco retailer licenses within the [ city/county ] shall be limited to one for each [ 2,500 ] inhabitants of the [ city/county ]. (2) For the purposes of this subsection, the total population of the [ city/county ] shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed.
(3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1).
Sec. [ ____ (*6) ]. APPLICATION PROCEDURE.
(A) An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the Department.
(B) A license issued contrary to this [ article/chapter ], contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section [ ____(*13) (c) ] of this [ article/chapter ]. Nothing in this [ article/chapter ] shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.
(C) Applicant submissions shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business seeking a license.
(2) The business name, address, and telephone number of the location for which a license is sought.
(3) The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this [ article/chapter ].
TRL MODEL ORDINANCE Page 4 of 8
(4) Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products. (5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this [ article/chapter ] or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years.
(6) A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this [ article/chapter ]. (7) Such other information as the Department deems necessary for the administration or enforcement of this [ article/chapter ] as specified on the application form required by this section.
(D) A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within [ 10 ] business days of a change.
Sec. [ ____ (*7) ]. LICENSE ISSUANCE OR DENIAL.
(A) ISSUANCE OF LICENSE. Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this [ article/chapter ], the Department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. (B) DENIAL OF APPLICATION. The department may deny an application for a tobacco retailer’s license based on any of the following:
(1) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this [ article/chapter ]; (2) The application seeks authorization for tobacco retailing at a location for which this [ article/chapter ] prohibits a licensed to be issued;
(3) The application seeks authorization for tobacco retailing for a proprietor to whom this [ article/chapter ] prohibits a license to be issued; or
(4) The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this [ article/chapter ], that is unlawful pursuant to any other [ article/chapter ] of this Code, or that is unlawful pursuant to any other law. (5) Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this [ Article/chapter ] and other laws relating to the sale of tobacco products.
Sec. [ ____ (*8) ]. LICENSE RENEWAL AND EXPIRATION.
(A) RENEWAL OF LICENSE. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is [ 1 year ]. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than [ 30 ] days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section [ ____ (*6) ].
Sec. [ ____ (*9) ]. LICENSES NOT TRANSFERABLE, PAST VIOLATIONS AT RETAIL LOCATION.
TRL MODEL ORDINANCE Page 5 of 8
(A) LICENSES NOT TRANSFERRABLE. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietors. (B) PAST VIOLATIONS. Notwithstanding any other provision of this [ article/chapter ], prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) the location has been transferred to new proprietor(s) in an arm’s length transaction; and (2) the new proprietor(s) provide the [ city/county ] with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm’s length transaction.
Sec. [ ____ (*10) ]. LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.
Nothing in this [ article/chapter ] shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the [ City/County ] identified on the face of the permit. Nothing in this [ article/chapter ] shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.
Sec. [ ____ (*11) ]. FEE FOR LICENSE.
The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the [ city council/board of supervisors ]. The fee shall be calculated so as to recover the total cost of administration and enforcement of this [ article/chapter ], including, but not limited to, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this [ article/ chapter ]. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
Sec. [ ____ (*12) ]. COMPLIANCE MONITORING.
(A) Compliance with this [ article/chapter ] shall be monitored by the Department. In addition, the [ City/County ] may designate additional persons to monitor compliance with this [ article/chapter ]. All licensed premises must be open to inspection by [ city/ county ] staff or designated persons during regular business hours.
(B) The Department shall inspect each tobacco retailer at least [ 3 ] times per 12 month period to ensure compliance with this [ article/chapter ].
(C) The [ city/county ] will conduct at least [ one ] compliance check per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.
(D) Nothing in this section shall create a right of action in any licensee or other person against the [ city/county ] or its agents.
Sec. [ ____ (*13) ]. SUSPENSION OR REVOCATION OF LICENSE. (A) SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a tobacco retailer’s license shall be suspended or revoked if the Department finds, based on a preponderance of the evidence, after the licensee is afforded notice and an TRL MODEL ORDINANCE Page 6 of 8
opportunity to be heard, that the licensee, or any of the licensee’s agents or employees, have violated any of the requirements, conditions, or prohibitions of this [ article/chapter ]; such violation is determined by any court of competent jurisdiction; or the licensee has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Section [ ____(*2) ] above.
(1) Upon a finding by the Department of a first violation of this [ article/chapter ] at a location, the license shall be suspended for [ 30 ] days. (2) Upon a finding by the Department of a second violation of this [ article/chapter ] at a location within any [ 5 ]-year period, the license shall be suspended for [ 90 ] days. (3) Upon a finding by the Department of a third violation of this [ article/chapter ] at a location within any [ 5 ] year period, the license shall be suspended for [ 1 ] year. (4) Upon a finding by the Department of four or more violations of this [ article/chapter ] at a location within any [ 5 ] year period, the license shall be revoked. (B) APPEAL OF SUSPENSION OR REVOCATION. A decision of the Department to suspend or revoke a license is appealable to [ the name of appellate agency, panel, or person (for example, Board of Supervisors, city manager, or director of the health department) ] and any appeal must be filed in writing with [ the name of the agency, panel, or person to receive the notice (for example, Board of Supervisors) ] within 10 days of mailing of the Department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to [ the name of appellate agency, panel, or person ] is not available for a revocation made pursuant to subsection (c) below.
(C) REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer’s license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section [ ____(*7) ] existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the [ city/county ].
Sec. [ ____ (*14) ]. TOBACCO RETAILING WITHOUT A VALID LICENSE. (A) INELIGIBLE FOR LICENSE. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer’s license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer’s license as follows:
(1) After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 30 ] days have passed from the date of the violation.
(2) After a second violation of this section at a location within any [ 5 year ] period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 90 ] days have passed from the date of the violation.
(3) After of a third or subsequent violation of this section at a location within any [ 5 year ] period, no new license may issue for the person or the location (unless ownership of the TRL MODEL ORDINANCE Page 7 of 8
business at the location has been transferred in an arm’s length transaction), until [ 5 ] years have passed from the date of the violation.
Sec. [ ____ (*15) ]. ADDITIONAL REMEDIES.
(A) The remedies provided by this [ article/chapter ] are cumulative and in addition to any other remedies available at law or in equity.
(B) Whenever evidence of a violation of this [ article/chapter ] is obtained in any part through the participation of a person under the age of 18 years, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this [ article/chapter ] and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(C) Violations of this [ article/chapter ] are subject to a civil action brought by the [ district attorney ] or the [ county counsel ], punishable by a civil fine not less than [ $250 ] and not exceeding [ $1,000 ] per violation.
(D) Violations of this [ article/chapter ] may, in the discretion of the [ district attorney/county counsel ], be prosecuted as infractions or misdemeanors when the interests of justice so require.
(E) Violations of this [ article/chapter ] are hereby declared to be public nuisances. (F) In addition to other remedies provided by this [ article/chapter ] or by other law, any violation of this [ article/chapter ] may be remedied by a civil action brought by the [ district attorney/county counsel ], including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (G) Tobacco products offered for sale in violation of this [ article/chapter ] are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this [ article/chapter ]. The decision by the Department may be appealed pursuant to the procedures set forth in Section [ ____(*13)(b) ]. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
(H) For the purposes of the civil remedies provided in this [ article/chapter ]:
(1) Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this [ article/chapter ] shall constitute a separate violation of this [ article/chapter ]; and (2) Each individual tobacco product that is distributed, sold, or offered for sale in violation of this [ article/chapter ] shall constitute a separate violation of this [ article/chapter ]. (I) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.
Sec. [ ____ (*16) ]. EXCEPTIONS.
TRL MODEL ORDINANCE Page 8 of 8
(A) Nothing in this [ article/chapter ] prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.
(B) Nothing in this [ article/chapter ] shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.
Sec. [ ____ (*17) ]. CONSTRUCTION & SEVERABILITY. It is the intent of the [ board of supervisors/city council ] of [ county/city ] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this [ article/chapter ], or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this [ article/chapter ], or its application to any other person or circumstance. The [ board of supervisors/city council ] of [ jurisdiction ] hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Sec. [ ____ (*18) ]. PUBLIC RECORDS. All information provided to the Department by a licensee or license applicant pursuant to this [ article/chapter ] shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.
POINT OF SALE ADVERTISING BANS ARE ASSOCIATED WITH
LESS EXPERIMENTAL SMOKING AMONG YOUTH 1
W H A T W E
K N O W
A C T I O N S C O M M U N I T I E S C A N T A K E
YOUTH ARE MORE LIKELY TO BE
INFLUENCED BY ADS THAN BY PEER
PRESSURE
EXPOSURE TO MARKETING MORE
THAN DOUBLES THE ODDS THAT
KIDS WILL USE TOBACCO
90% OF SMOKERS TODAY STARTED
BEFORE THEY WERE 18
YOUTH ARE 3 TIMES MORE
SENSITIVE TO TOBACCO ADS THAN
ADULTS
T O B A C C O C O M P A N I E S K N O W . . . 1
2 PRODUCT PLACEMENT AND ADS INCREASE
YOUTH TOBACCO AND NICOTINE USE
RESTRICT placement of tobacco/vape
advertising, displays and products within
a certain distance of youth-oriented
merchandise (candy, soda, snacks, etc.).
LIMIT storefront advertising
to no more than 10% coverage
of doors and windows.**
L O C A L T O B A C C O C O N T R O L P R O J E C T S C A N H E L P For assistance and more
information visit:
www.NorCal4Health.org
Facebook: NorCal 4 Health
Provide model policy language.
Offer free legal resources and technical assistance.
Help draft retail licensing policy specific to the needs of local communities.
Provide opportunities for community collaboration
and action through local coalitions.
© 2021. California Department of Public Health. Funded under contract #20-10376 NorCai
Health
CALIFORNIA HEALTH
COLLABORATIVE
DEL NORTE •HUMBOLDT
MENDOCINO •LAKE
Tried vaping
2 2
(a) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to place or maintain, or cause to be placed or maintained, any displays containing tobacco products within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice.
(b) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to place or maintain, or cause to be placed or maintained, any advertising display sign for tobacco products within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice.
(a) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to place or maintain, or cause to be placed or maintained, any displays containing electronic cigarettes, electronic cigarette paraphernalia, or vaping juice within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice.
(b) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to place or maintain, or cause to be placed or maintained, any advertising display sign for electronic cigarettes, electronic cigarette paraphernalia, or vaping juice within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice.
(a) Sections 58.0302 and 58.0303 do not apply to commercial establishments where access to the premises by persons under 18 years of age is prohibited by law. (b) Sections 58.0302(a) and 58.0303(a) do not apply to displays in any establishment that are located behind a counter and not accessible to patrons. §58.0302 Location of Tobacco Products and Advertising Inside Retail Establishments §58.0303 Location of Electronic Cigarettes and Advertising Inside Retail Establishments §58.0304 Exceptions to Location of Tobacco Products, Electronic Cigarettes, and Advertising Inside Retail Establishments
E X A M P L E : I N 2 0 1 5 , T H E C I T Y O F S A N D I E G O ,
C A L I F O R N I A A D O P T E D T H E F O L L O W I N G O R D I N A N C E
COMMUNITIES ARE CHANGING THE VIEW
1- The Association between Point-of-Sale Advertising Bans and Youth Experimental Smoking: Findings from the Global Youth Tobacco Survey (GYTS). DECEMBER, 2015. AIMS Public Health, 2 (4): 832-843 DOI: 10.3934/publichealth.2015.4.832 2- Available at https://onbase.sandiego.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=2019&doctype=1. Item #54 2 NorCai
Health DEL NORTE •HUMBOLDT
MENDOCINO • LAKE
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ORRIN PLOCHER, GEOLOGIST
DAVE YEAGER, PUBLIC WORKS DIRECTOR
ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: MARCH 20, 2023
SUBJECT: WATERSMART GRANT APPLICATION AUTHORIZATION
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Approve and Authorize the City Manager to apply for the WaterSMART Grant for the construction of two additional production wells at the Rellim Road site. • Approve and Adopt Resolution No. 2023-20, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL WATERSMART GRANT
AGREEMENTS AND TO ADMINISTER THEM
BACKGROUND
On June 30, 2022, City staff requested assistance from the North Coast Resource Partnership (NCRP) to fund a technical assistance study for an additional groundwater well. On August 29, 2022, NCRP allocated $15,000 funding to support the City’s request.
NCRP selected GHD to conduct the feasibility study per their RFQ selection process.
GHD produced the Crescent City Groundwater Well Feasibility Study on November 4, 2022. The application for the Prop 1 Integrated Water Resource Management (IRWM) Round 2 funding titled “Crescent City Area Regional Water Supply Augmentation” was submitted on the same day. The application in the amount of approximately $1.3 million was ratified by the City Council on November 21, 2022.
On January 17, 2023 the City Council adopted the NCRP Integrated Regional Water Management (IRWM) Plan and approved the revised scope of work plan, which entailed drilling one 12” diameter well instead of a test well and two full size wells. The estimated construction cost for this modified project scope is $653,536. To fund the project, the City would fully utilize the NCRP $500,000 grant, and the Council authorized funding the WaterSMART Grant Application
March 20, 2023
2 shortfall of $153,536 from the Water Fund. Award of this grant is anticipated around June 2023.
In January 2023 the Department of the Interior, Bureau of Reclamation (BOR), Water Resources and Planning Office issued a Notice of Funding Opportunity (NOFO) for the WaterSMART Environmental Water Resources Projects for Fiscal Year 2023. Award of this grant is anticipated around December 2023.
ITEM ANALYSIS
The goal of the BOR Water Sustain and Manage America’s Resources for Tomorrow (WaterSMART) program is to leverage Federal and non-Federal funding to invest in existing infrastructure and for projects that seek to conserve and use water more efficiently. This NOFO for Environmental Water Resources Projects provides funding for water conservation, water management, and restoration projects that provide significant environmental benefits and have been developed as part of a collaborative process to help carry out an established strategy to increase the reliability of water resources. Water conservation and efficiency projects that result in quantifiable and sustained water savings and benefit ecological values or watershed health, water management or infrastructure improvements to benefit ecological values or watershed health, and restoration projects benefitting ecological values or watershed health that have a nexus to water resources or water resources management are preferred.
The City of Crescent City is an eligible applicant for the grant as we are a local agency with water delivery authority. The City is proposing to construct two additional wells at the Rellim road site which will draw water from the ground water aquifer at that location rather than the Ranney Collector adjacent to the Smith River.
The project meets the WaterSMART criteria by increasing the quantity of water available while also reducing the water draw from the Ranney Collector. The project also meets the criteria being a water user with multiple stakeholders having diverse interests. The Elk Valley Rancheria, California and the Del Norte County have both submitted a letter of support for this project and a second letter of support is anticipated from the Tolowa Deeni’ Nation. The majority of the project benefit is documented in the City’s Existing Water Distribution System Evaluation Report which cites the City’s strategy to increase reliability by diversifying the single source of water to multiple locations. Projects that meet all three of these criteria are eligible for 75% matching.
Timing
Application Date: March 28, 2023 at 4:00pm MDT
Anticipated Announcement Award Date: Summer 2023
Allowable Construction start date: After September 30, 2023 Anticipated Award Date: December 31, 2023
Anticipated Project completion Date: December 31, 2026
FISCAL ANALYSIS
WaterSMART Grant Application
March 20, 2023
3 A Professional Services Agreement for on-call, as-needed services was executed with Freshwater Environmental Services (FES) on May 16, 2022 as the result of a formal RFQ published earlier in March of the same year. FES was selected to assist in the BOR WaterSMART grant application based upon both their capability and availability. The cost of these services is $5,000 which is not included in the grant funding since it occurs prior to Sept 30, 2023 start date.
The following table summarizes the GHD cost estimate for one well and outlines the financial responsibility of the City in the event that the NCRP grant is awarded in June 2023. As mentioned previously in a staff report from January 17, 2023, the total cost of the construction of one well is $653,536. NCRP is recommending an award of $500,000, which will leave up to $153,536 of cost to be borne by the City Water Fund.
One – 100 foot depth, 12” Diameter Well:
PS&E (Design): $ 119,058
Existing Conditions - Well Impact Analysis: $ 60,000
Construction: $ 356,750
Construction Management: $ 64,215
Contingency (15% of Construction): $ 53,513
Total Estimated Project Cost: $ 653,536
Potential NCRP Grant Funding: $ 500,000
City Water Fund: $ 153,536
Total Funding: $ 653,536
The following table has been extrapolated from the GHD cost estimate for one well expanding the scope to two additional wells and outlines the financial responsibility of the City considering the application to the BOR for WaterSMART funding. This estimate includes 3 buildings to house the controls, piping to hook up to the city main upstream of the chlorination building, and a 300kW generator.
Three – 100 foot depth, 12” Diameter Wells:
Project Administration, Design, and Plans: $ 340,215
Existing Conditions – Well Impact Analysis: $ 180,000
Construction: $1,576,244
Construction Management: $ 64,572
Contingency (10% of Construction): $ 216,103
Total Estimated Project Cost: $2,377,134
The WaterSMART grant funding source awards up to $3 million and requires a 25% local match of the total project cost. The NCRP grant meets the requirements of local match eliminating the need for City water fund expenditures.
NCRP Grant Funding $ 500,000
WaterSMART Grant Funding $ 1,782,850
City Water Fund $ 94,284
Total Funding $ 2,377,134
WaterSMART Grant Application
March 20, 2023
4 POSSIBLE OUTCOMES
Case 1: NCRP & WaterSMART grants not awarded. No action recommended for the City. Minimal expenditure of City funds and staff time for grant applications.
Case 2: NCRP grant awarded and WaterSMART grant is denied. City to proceed with the construction of one production well as planned with expenditure of previously authorized $153,536 from the Water Fund.
Case 3: WaterSMART grant is awarded and NCRP grant is denied. Council to consider required matching funds from the Water Fund and direct staff to renegotiate with BOR for reduced scope of work reducing the match requirement, or not accept the grant.
Case 4: NCRP and WaterSMART grants both awarded. City to proceed with the construction of 3 production wells.
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
GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
A. Evaluate and optimize additional revenue sources
F. Plan and prepare for the growth and future needs of the Crescent City community by:
• Expanding on the success of grant funding by maximizing utilization of opportunities with corresponding community needs.
ATTACHMENTS
1. Resolution No. 2023-20
CITY OF CRESCENT CITY RESOLUTION NO. 2023-20 Page 1
RESOLUTION NO. 2023-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL WATERSMART
GRANT AGREEMENTS AND TO ADMINISTER THEM
WHEREAS, the Department of the Interior, Bureau of Reclamation (BOR), Water Resources and Planning Office has issued a Notice of Funding Opportunity (NOFO) R23AS00089 for Environmental Water Resources Projects; and WHEREAS, the BOR requires a resolution authorizing the applicant to commit to financial and legal obligations associated with the receipt of a financial assistance award under this NOFO; and
WHEREAS, City is eligible of its own right as a Category A applicant being a local authority with water delivery authority,; and
WHEREAS, the City presently acquires water from a sole source at the Ranney Collector and desires the diversification of a secondary water source physically separated by distance from the primary source of water;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Crescent City, California as follows:
1. The City Manager or designee (the “Authorized Representative’’) is hereby authorized and directed to sign and file, for and on behalf of the City of Crescent City (“Entities”), a financial assistance application for a grant agreement from the Bureau of Reclamation for the completion of one well and the construction of two additional wells (the “Project”).
2. This Authorized Representative is designated to provide the assurances, certifications and commitments required for the financial assistance application, including executing a financial assistance agreement from the Bureau of Reclamation and any amendments or changes thereto.
3. The Authorized Representative is designated to represent the Entities in carrying out their responsibilities under the grant agreement, including certifying disbursement requests on behalf of the Entities and compliance with applicable state and federal laws.
4. The Authorized Representative has reviewed and supports the financial assistance application to be submitted.
5. The City will work with the Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement.
CITY OF CRESCENT CITY RESOLUTION NO. 2023-20 Page 2
PASSED and ADOPTED and made effective the same day at a regular meeting of the City Council for the City of Crescent City held on the 20th day of March 2023, by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Isaiah Wright, Mayor
ATTEST:
Robin Altman, City Clerk
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: DAVID YEAGER, PUBLIC WORKS DIRECTOR
ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: MARCH 20, 2023
SUBJECT: CONTRACT AMENDMENT WITH JACOBS AND APPLICATION FOR
ADDITIONAL CLEAN WATER STATE REVOLVING FUNDS (CWSRF)
GRANT FUNDING
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to execute contract Amendment 6 with Jacobs Engineering for Phase 2 of the RBC/Digester/Sludge Thickener upgrade design (contingent upon funding).
• Authorize staff to make application for additional Clean Water State Revolving Funds to accommodate Phase 2 of the design.
BACKGROUND
The City’s Wastewater Treatment Plant 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 first 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 order associated with plant effluent violations. The 2007-11 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.
In 2019, the City signed a contract with Operations Management International, Inc. (also known as Jacobs Engineering) to perform operations, maintenance and management for the City’s wastewater treatment plant. On May 3, 2021 the City signed Amendment No. 1 with Jacobs Engineering for the purpose of extending the date of the Condition Assessment and the Biosolids utilization study and an adjustment to the base rate to account for the payment of prevailing wages. Amendment 2 was for 2022 escalation
SWRCB GRANT FUNDING
MARCH 20, 2023
2 rates. Amendment 3 was for the influent gate design, bidding, and construction management. Amendment 4 was for the Phase 1 RBC and Biosolids/Digester optimization. Amendment 5 was for a time extension to complete the condition assessment and biosolids utilization study.
The Crescent City Wastewater Treatment Plant serves a disadvantaged community (DAC) and has struggled to meet the financial commitments of the SRF loan for a major plant renovation which was completed in 2011. Although the City was successful in completing a Proposition 218 process to address revenue deficiency with rates, a ballot referendum (Measure Q) rejected the proposed rate increases in November 2016. An updated financial pro forma analysis completed in 2018 indicated the Sewer Fund would deplete all reserves and go negative by fiscal year 2023-24 if budgeted operating costs and revenue remained unchanged. Over the past years the City has worked closely with the State Water Board Division of Financial Assistance, and Regional Water Quality Board to develop a strategic plan to address this shortfall. Key elements of the plan include the following:
• Revenue – Increase revenue through addition of new customers and reduction in facility variable and fixed operating costs using Prop 1 and other grant processes. • Relief – Seek relief of debt principal. The City has tried this approach and was unsuccessful in obtaining debt relief.
• Restructure – Restructuring debt to increase the period or restructure how the SRF loan is amortized. Staff has worked with the State Water Resources Control Board (SWRCB) over the past several years on this element. Great strides have been accomplished including extending the loan period from 20 to 30 years, reducing the interest rate from 2.4% to 0%, and financially shaping the loan amortization.
These actions will save this community more than 14 million dollars over the life of the loan.
• Rates – Continue to analyze rates to ensure an equitable rate structure and a sustainable utility; recent California Supreme Court decision declared that rates that pass the Prop 218 process are not subject to referendum (Wilde v. City of Dunsmuir, 9 Cal.5th.1105 (2020))
• Operations - Optimizing operations and stabilizing plant staffing by engaging Jacobs Engineering on August 15, 2019 as our WWTP operations team.
Staff submitted a Prop 1 application in 2020 to request grant funding to proceed with analysis and design for these projects, and subsequently updated the application and resolution to reflect the funding source would be the State Revolving Fund instead of Prop
1. On May 17, 2021 the City Council of the City of Crescent City via Resolution No. 2021- 29 authorized the City Manager to execute all agreements with the SWRCB.
On June 2, 2021 the SWRCB fully executed and awarded a 100% forgivable loan to the City of Crescent City in the sum of $393,405. The grant that the City obtained only covers Phase 1 of the project development which takes the project through preliminary design.
The SWRCB recomended that the City request the additional funds needed to take the
SWRCB GRANT FUNDING
MARCH 20, 2023
3 project through 100% design and also fund a construction grant application. Staff are currently working with Jacobs to develop a scope and fee to cover the 100% design.
ITEM ANALYSIS
Phase 1, which has already been contracted under Amendment 4, consists of a Field Report and Preliminary Engineering Report (Task 1) and 30 and 50% Preliminary Plans, Specifications and Cost Estimates (Task 2). Due to verbal redirection from the SWRCB, work has shifted from Task 2 towards expanding the scope of Task 1. The original scope included evaluation of upgrades to the Rotating Biological Contactors (RBC) and Biosolids processing. The expanded scope proposed in Amendment 6 includes Digesters, Sludge Thickener and other miscellaneous improvements required to rehabilitate and optimize the WWTP, improve water quality and avoid depletion of financial reserves.
Amendment 6 supersedes Amendment 4 and reschedules Tasks 2-4 into Tasks C-E as requested and described by the SWRCB, Division of Financial Assistance. This adjustment is required to address the SWRCB’s desire to have the City of Crescent City submit a complete Clean Water Financial Assistance Application. Also, the City has elected to include the remaining portions of detailed design (i.e., 90 and 100% submittals) in Amendment 6 along with some other miscellaneous improvements.
Task A – General Information Package: Collect applicant information, proposed schedules, and attachments.
Task B – Technical Package: Verify water rights, procure architectural and engineering, analyze Green Project Reserve, and attachments including the Field report, Project report, Certifications and Requirements.
Task C – Environmental Package: Prepare CEQA and NEPA application documents including mitigation measures, monitoring, and response plan.
Task D – Financial Security Package: Preparation of documents including General information and Financial estimates required for the Construction Financial Assistance Application to the SWRCB.
Task E – Plans, Specifications, and Cost Estimate: Preparation of 30%, 50%, 90% and 100% complete submittal package for plans and specifications.
Task F – Bidding Assistance: Including publication, response to bidders, and pre-bid conference.
Project Schedule:
Task Date
A – General Information Package June 2023
B – Technical Package June 2023
C – Environmental Package September 2024
D – Financial Security Package June 2023
SWRCB GRANT FUNDING
MARCH 20, 2023
4 E – PS&E October 2024
F – Bidding Spring 2025
Three construction projects have already been initiated/completed due to urgency and will be requested for reimbursement. The Membrane BioReactor (MBR) filters had greatly exceeded their useful life and were replaced/upgraded in January 2023. The new scouring design has already been noted to reduce energy consumption. This will be noted in the application for reimbursement which has a component that seeks 20% energy reduction (system-wide). The headworks influent gate dates back to the original installation in 1957. The gate moved very slowly, leaked actuation water whether used or not, and was not able to be incorporated into the SCADA controls program. The old gate has been removed to enable measurements necessary for design of the replacement gate. The plant is currently operating without gate control while the replacement parts are being designed, manufactured, and installed. Installation is planned for Summer 2023. Lastly, the two 6,000 gallon Sodium Hyplochlorite tanks and the two 3,000 gallon Sodium Bisulfite tanks have exceeded their useful life as evidenced by leaking and deformation. Replacement tanks have been ordered and will be installed this Spring 2023.
FISCAL ANALYSIS
No fiscal impact other than administrative staff time.
Phase 1 - Preliminary Design
SWRCB loan amount of $393,405 was sufficient to cover Task 1-2 of Amendment 4.
Expenditure of Task 1 has exceeded its budget due to the scope increase verbally permitted by SWRCB.
Amendment 4 Expenditure
1/27/2023 Budget
Task 1 – Project Report $145,760 $132,660
Task 2 – Plans, Specifications & Cost Estimate $1,650 $237,342 Total $147,410 $370,002
February expenditures are anticipated to be about $23,000. The remaining unspent $200,000 funds will likely be rolled into the Amendment 6 request.
Phase 2 – Final Design & Construction Funding Grant Application Assistance The table below reflects unspent funds for tasks which will be carried over to Amendment
6. Amendment 4 – tasks to be carried over to Amendment 6 Budget Task 3 – Environmental Compliance $117,069
Task 4 – CWSRF Construction Funding Application $78,548 Total $195,617
SWRCB GRANT FUNDING
MARCH 20, 2023
5 As previously directed by Council; Staff and Jacobs has generated an estimate to complete the final design. The table below includes the Jacob’s estimate for completion of Phase 2 through 100% plans and specifications and assistance through the bidding process.
Amendment 6 Budget
Task A – General Information Package $5,578
Task B – Technical Package $127,365
Task C – Environmental Compliance $270,825
Task D – Financial Security Package $66,531
Task E – Plans, Specifications, & Cost Estimate $1,985,389 Task F – Bidding Assistance (Allowance) $103,537
Total $2,559,225
The table below reflects the change in funding request which will be submitted to the SWRCB to cover Phase 2 planned expenses and three projects already under construction which due to urgency are unable to wait 2 years for implementation.
Amendment 6 Phase 2 – with Expanded Scope $2,559,225
Replacement of Chemical Tanks $100,000
Influent Gate Replacement $184,000
Membrane BioReactor (MBR) filter replacement $523,778
Phase 2 Funding Request $3,367,003
Once phase 2 is complete staff will report out on the proposed project and next steps for Council consideration.
Phase 3 – Construction
The SWRCB has indicated that funding is available for design and construction in the form of 100% forgivable loans. It is currently estimated that this construction cost for the proposed improvements will be in the range of $15-$20 million. SWRCB staff has further indicated that contingent upon available funding at the time of funding application, that based on per capita and income requirements, Crescent City could be eligible to have this entire estimated amount be funded as a forgivable loan. Other than staff time it is anticipated the design portion of the project as well as technical assistance to apply for construction grant funding will be 100% funded by the State.
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals… GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
SWRCB GRANT FUNDING
MARCH 20, 2023
6 GOAL 2: Promote a thriving local economy
A. Evaluate and optimize additional revenue sources
D. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities
GOAL 3: Obtain the highest levels of organizational excellence B. Maintain responsible fiscal management and accountability
ATTACHMENTS
1. Jacobs contract amendment 6 for Phase 2 Designs of RBC, Digester & Sludge Thickener Rehab.
1 AMENDMENT No. 06
to the
AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES
WASTEWATER TREATMENT PLANT
for the
CITY OF CRESCENT CITY, CALIFORNIA
This Amendment No. 06 (the “Amendment”) in the Agreement for Wastewater Facilities Operations, Maintenance and Management Services for City of Crescent City, California, dated August 5, 2019 (the “Agreement”) is made and entered into this ___ day of ___________, 2023 between the City of Crescent City, California (hereinafter “Owner”) and Operations Management International, Inc. (hereinafter “Contractor”).
NOW THEREFORE, Owner and Contractor agree to the following:
1. Contractor will perform additional services as allowed by Section 13.2 of the Agreement.
2. The scope of additional services is outlined in the attached document “Crescent City Wastewater Treatment Plant, RBC Capital Upgrade & Biosolids/Digester Optimization Project Scope of Work & Assumptions – Phase 3”. Owner shall pay Contractor as compensation for the additional services performed under this Agreement an amount of Two Million Seven Hundred Twenty-Seven Thousand Two Hundred Dollars and Twenty-Eight Cents (2,727,200.28).
This Amendment together with all previous Amendments and the Agreement constitute the entire agreement between the Parties and supersedes all prior oral and written understanding with respect to the subject matter set forth herein. Unless specifically states all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties.
The Parties, intending to be legally bound, indicate their approval of this Amendment by their signatures below.
OPERATIONS MANAGEMENT CITY OF CRESCENT CITY, CALIFORNIA INTERNATIONAL, INC.
Authorized Signature: Authorized Signature:
Name: Lauren Mancuso Name: Eric Wier
Title: Director of Operations Title: City Manager
Date: 3/2/2023 Date:
2 Crescent City Wastewater Treatment Plant
RBC Capital Upgrade & Biosolids/Digester Optimization Project Scope of Work & Assumptions – Phase 1, Amendment 1
The Project includes the evaluation of upgrades to the Rotating Biological Contactors (RBC), Digesters, Sludge Thickener and other miscellaneous improvements required to rehabilitate and optimize the WWTP, improve water quality and avoid depletion of reserves. Phase 1 (which has already been contracted under Amendment No. 04) deliverables currently consist of a Field Report and Preliminary Engineering Report (Task 1) and 30 and 50% Preliminary Plans, Specifications and Cost Estimates (Task 2). This Amendment supersedes Amendment No. 04 and reschedules the preparation of the 30 and 50% Preliminary Plans, Specifications and Cost Estimates included in Task 2 of the Phase 1 contract until after the preparation and submission of the General Information, Technical, Environmental, and Financial Security Packages as requested and described by the State Water Resources Control Board (SWRCB), Division of Financial Assistance. This adjustment is required to address the SWRCB’s desire to have the City of Crescent City (City) submit a complete Clean Water Financial Assistance Application, consisting of these 4 packages, as soon as possible. Also, the City has elected to include the remaining portions of detailed design (i.e., 90 and 100% submittals) in this amendment along with some other miscellaneous improvements described below.
The following is the amended scope of work and assumptions.
Task A. General Information Package. Jacobs has reviewed the General Information Package requirements and proposes the following.
Deliverables: As noted below, general information package will be completed to best of Jacobs’ ability and submitted to the City for review and comment. Deliverables to include draft and final general information package, potential flags worksheet, and priority score estimation worksheet.
The following subtasks correspond to Task A.
Task A.1. Application Information. Section I includes general information regarding the applicant (e.g., applicant type, county, total population, regional waterboard, etc.). Jacobs will complete Section I of the General Information Package.
Assumptions: City to provide:
1. Data Universal Numbering System (DUNS) No
2. Federal Tax Identification (ID) No
3. Current service area population and locations
4. Details and information pertaining to last rate setting process and level of protests
5. Signature of authorized representative
Task A.2. Project Information and Proposed Schedules. Section II includes information including, but not limited to, project description/objectives, current status of plans and 3 specifications, amount of assistance required, total project cost, and project location. This section also includes the following:
Estimated Project Schedule with estimated or actual dates for:
o Adoption of Environmental Documents
o 100% Plans & Specifications
o Start of Construction/Implementation
o Completion of Construction/Implementation
Environmental Consultations
o Name of other Federal agencies involved in this project related to federal environmental requirements
o Contact information for named agencies
o Brief descriptions of the status of the consultations Other Consultations
o Name of Federal agencies involved in this project
o Contact information for named agencies
o Brief descriptions of the status of the consultations Assumptions: Jacobs cannot guarantee all permits can be secured.
Deliverables: Jacobs will prepare draft project schedule in pdf format for City review and comment.
Task A.3. Attachments. Section III requires completing the following documents:
Potential Flags Worksheet
o Legal questions/statements
o Technical questions/statements
o Environmental questions/statements
o Financial questions/statements
Priority Score Estimation Worksheet
o Primary Score
Water Recycling
Impaired Water Body
Water Quality Control Plan or Permit
o Secondary Score
o Readiness Score
Deliverables: Jacobs will work with City staff to complete the Potential Flags Worksheet and Priority Score Worksheet, PDF.
Task B. Technical Package. Jacobs has reviewed the Technical Package requirements and proposes the following subtasks for completion.
Deliverables: As noted below, technical package will be completed to best of Jacobs’ ability and submitted to the City for review and comment.
The following subtasks correspond to Task B.
4 Task B.1. Water Rights. Jacobs will complete Section I. This section will overview the project’s impact on the point of discharge or divert flow from stream or other surface water body.
Assumptions: The project will not change or impact the point of discharge or divert flow or impact water rights in any way.
Task B.2. Delta Plan. Jacobs will complete Section II pertaining to Section 85225 of the Water Code.
Assumptions: The project does not fall under the jurisdiction of Section 85225 of the Water Code.
Task B.3. Architectural and Engineering (A/E) Procurement. Jacobs will complete Section III. pertaining to the procurement process for A/E services.
Section III requires answers to the following:
1. Does the project follow a qualification-based procurement process for A/E procurement? a. If yes, ensure the A/E procurement process complies with one or both of the following:
i. 440 United States Code Section 1101 et seq.
ii. California Government Code Section 4545 et seq.
Assumption: The City and project follow a qualification-based procurement process for A/E procurement.
Task B.4. Green Project Reserve (GPR). Jacobs will complete Section IV. It is anticipated that project will not qualify for Green Project Reserve. Jacobs will investigate the potential to meet the qualifications and provide input and recommendations to the City.
Projects that achieve a 20% reduction in energy consumption are categorically eligible for GPR.
For the project, Jacobs will compare energy used by the existing unit processes/systems to those proposed for the project. Comparison to include the City’s recent membrane replacement and consider the addition of solar power as well. The energy used by the existing system should be based on name plate data when the system was first installed, recognizing that the existing system is currently operating at a lower overall efficiency than at the time of installation.
Assumption: Project will not qualify for Green Project Reserve and a business case will not be required.
Task B.5. Attachments. The following subtasks correspond to Section V of the Technical Package. These may vary depending on answers to the previous sections.
Deliverables: Jacobs will prepare and provide a draft copy of the draft Field and Project Reports to the City for review and comment in pdf format.
Task B.5.1. Field Report. Gather, review, and summarize as-built data, current and projected demands, and findings of inspections in a field report. 5 Raw Wastewater Characterization:
o Discuss and develop consecutive 30-day raw wastewater influent sampling plan and submit to the City and WWTP plant operating staff for execution, collection, and analysis for specific and agreed upon parameters which may include the following influent raw wastewater flow, total and soluble five-day biochemical oxygen demand (BOD5 and sBOD5), total and volatile suspended solids (TSS and VSS), total Kjeldahl nitrogen (TKN), ammonia (NH3), phosphorus, water temperature, pH and alkalinity.
o Review and compile sampling results. Compare results with previous wastewater characteristics reported in the City’s April 2021 Report of Water Discharge and other readily available documents provided by the City. o Obtain and review population projections and leverage to develop flow and load projections based on raw wastewater characteristics measured with the sampling plan.
Rotating Biological Contactors (RBCs) Rehabilitation
o Gather and review original RBC equipment design/criteria parameters and engineering drawings.
o Verify process information including average and peak surface loading rates, removal efficiency, and other key process operating parameters. o Visit the WWTP site, to visual observe and assess each of the RBCs’ structural, process and corrosion related condition. Review RBC components including shaft, media support system, mechanical drives, bearings to determine if any components have failed due to excess wear and tear and whether these units have surpassed their useful life expectancy. Determine if any components need to be replaced or repaired to extend the useful life of these units. If needed, discuss media replace needs with manufacturer and methods to enhance configuration and reduce O&M costs.
o City is assumed to have each of the RBCs fully accessible and have addressed all safety requirements, including confined space entry.
o Assess the ability of the RBCs to meet current wastewater discharge requirements described in the City’s NPDES Permit (Order No. R1-2017-0002, NPDES No.
CA0022756) with respect to both current and future raw wastewater influent flows and loads.
Digester and Sludge Thickener Rehabilitation/Replacement o Gather and review original Digester No. 1 and 2 design criteria/parameters and engineering drawings.
o Verify process information including solids loading rate, hydraulic loading, and volatile solids reduction.
o Gather typical heating and mixing rates in primary digester. o Visit the WWTP site to visual observe and assess Digester No. 1 and 2 structural, process and corrosion related condition. Determine, if any, the digester 6 components that will need to be replaced to ensure proper, ongoing and uninterrupted operation.
o Assess the structural integrity of the two existing digester tanks and roofs through on-site observation of the interiors and exteriors of the digesters. City is assumed to have digesters fully accessible and have addressed all safety requirements, including confined space entry.
Miscellaneous Improvements
o Secondary Clarifiers: Replace valves and flow meters
o Belt Filter Press and Administration Buildings: HVAC improvements o Primary Clarifier Building: Replace
o Additional Surveillance and Security Camera
o Spare Parts:
Influent Chopper Pump and Motor
Deliverables: Jacobs will prepare a Field Report in electronic, PDF.
Task B.5.2 Project Report. Jacobs will prepare draft and final engineering reports to satisfy requirements described in Attachment T1 of the SWRCB Technical Application Package for a CWSRF construction funding application
(https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/forms/applica tion_technical_package.pdf).
The City’s April 2021 Report of Waste Discharge shall be used to satisfy many of report section requirements associated with the Project Area; Wastewater Characteristics, Existing Facilities, and Current Water Quality; and Treatment Objectives for Discharge or Reuse.
Alternative analysis shall be limited to comparison of (a) second treatment alternatives to replace the existing RBCs, (b) the repair/rehabilitation or replacement of the existing digestors and sludge thickener, and (c) the Miscellaneous Improvements listed above. Secondary treatment alternatives to be considered in the alternatives analysis should have relatively low annual operating and maintenance (O&M) costs like the RBCs to be considered viable. Therefore, alternatives compared in the analysis shall be limited to status quo (RBCs), A-stage (high-rate biological contact system) and moving bed biofilm reactor (MBBR). Membrane bioreactor (MBR) will also be included in the analysis for comparison purposes, however annual O&M costs are anticipated to be higher than the other alternatives listed.
For the digester alternative analysis, determine the components that will need to be replaced to ensure proper, ongoing and uninterrupted operation. Determine the footprint of the existing and new digester tanks and formulate a plan for demolition of the old digester tanks. Determine if additional concrete slabs will need to be installed to house new equipment or if existing space and slabs are adequate. Perform a cost/benefit analysis to determine the number, size, type (floating or attached roof), and configuration of digesters to reduce O&M costs.
Summarize the results of the alternative analysis, and other information, data and results and develop a recommended long-term plan. Describe the facilities that need to be replaced or 7 repaired/rehabilitated along with proposed locations, sizing, and planning level cost estimates.
Describe any recommended upgrades or changes to design parameters and criteria.
Deliverables: Jacobs will provide a draft and final Project Report in electronic, PDF.
Task B.5.3. Certifications and Requirements. Jacobs will assist the City in completing all of the necessary Section V certifications and requirements. These certifications include General Plan Compliance, Certification for Compliance with Water Metering Form, Certification for Fiscal Sustainability Plan, Certification for Cost and Effectiveness and Water and Energy Conservation, Climate Change Worksheet.
Assumptions: All of the information required to complete the Certifications and Requirements listed in T2a through T6 are readily available and will be provided to Jacobs by the City complete, and in pdf format. T12 and T13 do NOT apply to the project and will not be completed.
Task C. Environmental Package Jacobs has reviewed the Environmental Package requirements and proposes the following approach.
Leverage the information and data provided in Tasks A and B to develop a comprehensive project description, identify the level of potential environmental impacts, and prepare draft CEQA/NEPA documentation for the selected construction project including recommended mitigation measures, a mitigation monitoring and response plan (if applicable) and draft findings.
Deliverables: Environmental package will be completed by Jacobs and submitted to the City for review and comment. The following subtasks correspond to Task C.
Task C.1. General Information. Jacobs will complete Section I. This section includes general information such as the applicant’s name, project title, environmental contact person, and project description.
Task C.2. CEQA Status. Jacobs will complete Section II describing CEQA lead agency, environmental contact person, environmental document status, project and environmental settings, State Clearinghouse number, type of CEQA document, public hearing/meeting date(s) for CEQA document adoption/certification.
The purpose of Task C.2 is to complete necessary activities to allow the City to certify a CEQA document. In 2004 an Environmental Impact Report (EIR) was prepared for the most recent upgrades to the WWTP, the Crescent City Wastewater Project Environmental Impact Report. As was the case in the EIR, it is anticipated that potential construction and generator noise concerns will be the area of CEQA focus. This scope assumes that the Project will not require an EIR as the Housing and Urban Design guidelines cited in the previous EIR are understood to apply to permanent operational noise rather than construction related noise.
Jacobs will prepare supporting documentation required to finalize NEPA approval from the Federal Lead agency. To complete this task, Jacobs will perform the following:
8 Prepare a draft Environmental Study Limit (ESL) map and Area of Potential Effect (APE) map for the project area and submit to the City for final approval. Initiate California Historical Resources Information System (CHRIS) records search for the APE and up to a one-mile radius search and perform a 1-day survey by a qualified archaeologist of the APE. Survey will record built and archaeological resources older than 45 years within the APE.
Prepare draft and final Cultural Resource Technical Memorandum. The technical memorandum will assess identify, record, and evaluate built and archaeological resources in the APE.
Perform sacred land file search with the Native American Heritage Commission and draft letters for tribal groups for review by the City. The City will provide direction to send the letters to the tribes.
Conduct 1-day site visit to survey for biological resources within the ESL. Prepare draft and final Biological Assessment documentation in a widely accepted format for biological review.
Jacobs will prepare a CEQA Initial Study Checklist to identify any exemptions (if applicable) and work with City staff to determine the appropriate level of CEQA documentation to prepare.
Jacobs will prepare draft and final CEQA document for City Council approval and adoption.
Complete environmental documents, including CEQA and Federal Cross-Cutter Documents, to satisfy the CWSRF Financial Assistance Application for Construction requirements.
Task C.3. CEQA Exemption and Evaluation Section for Federal Environmental Coordination.
Jacobs will complete Sections III and IV pertaining to CEQA exemption and funding from other federal agencies.
Task C.4. Attachments. The following attachments correspond to Section IV of the Environmental Package. These may vary depending on answers to the previous sections.
E1- Mitigated Negative Declaration (MND)
E2-Environmental Alternative Analysis (if applicable)
E2-Clean Air Act – CalEEMod Report or Other Air Quality Models/Studies Used (required) E2-Coastal Zone Management Act – Coastal Permit (required) E2-Endangered Species Act, Section 7 – Biological Report/Assessment (required) E2-Fish and Wildlife Coordination Act – Assessment of Impacts to Water Body (if applicable) E2-Floodplain Management; Official Floodplain Map (required), Floodplains/Hydrological Assessment (if applicable)
9 E2-Magnuson-Stevens Fishery Conservation and Management Act – EFH Impact Assessment, Official NMFS Species List (if applicable)
E2- Migratory Bird Treaty Act – List of Migratory Birds (May be Included in the Biological Report/Assessment) (if applicable)
E2- National Historical Preservation Act, Section 106 – Historic Properties Identification Report (Required)
E2- Protection of Wetlands – Wetland Assessment/Delineation Report, Clean Water Act Section 401 Certification and/or Clean Water Act Section 404 Permit (if applicable) E2- Other Federal Cross-Cutting Documentation (i.e., Coastal Barrier Resources Act, Environmental Justice, etc.), if applicable
Assumptions: Project is assumed not to be CEQA exempt and no other federal agencies are anticipated to provide funding. Our fee estimate assumes that the appropriate level of CEQA review is preparation of a Mitigated Negative Declaration (MND). If an EIR/S should happen to be triggered by public controversy or other unknown reason, Jacobs would potentially require additional scope and fee. The attachments listed in Task C.4 for the environmental package are assumed to be the list of required federal cross-cutting documents. The City will submit the cultural resources memorandum to the EPA and then the State Historic Preservation as part of compliance with the National Historic Preservation Act. Assumes the only cultural resources to be evaluated is the existing WWTP which was built in the 1950s. No odor modeling is assumed or included.
Task D. Financial Security Package. Jacobs has reviewed the Financial Security Package requirements and proposes the following approach.
Leverage the information and data provided in Tasks A, B and C to develop a comprehensive project description, identify the level of potential financial impacts, and prepare draft documentation for the selected construction project for the financial security package.
Deliverables: Financial Security package will be completed by Jacobs and submitted to the City for review and comment. The following subtasks correspond to Task D.
Task D.1. General Information. Jacobs will complete the general information section. This section includes the applicant’s name, project title, financial contact person, term requested, and project description.
Task D.2. Financial Estimates. Jacobs will complete required calculations for median household income, population served, number of residences (permanently occupied), active service connections by customer class’s average monthly billing.
Jacobs will estimate annual costs to operate and maintain the proposed project after it is complete. Operations and maintenance costs include staff salaries, chemicals, utilities, warranties, routine repair and replacement, laboratory services, billing and collection and lifecycle costs. 10 Jacobs will assist in the preparation of the discussion of material events, obligation conditions and debt limit needed to complete the Financial Security Application.
Deliverables: Financial Assistance Application for Construction in pdf format.
Assumptions:
1) The Owner will provide customer billing records by customer class 2) The Owner will provide financial document required for calculations 3) The following attachments for the financial package are assumed to be provided by the Owner:
F1-Audited Financial Statements and Budgets or Projections F2-Budgets or Projections for Two Fiscal Years
F3-Tax Questionnaire
F4-Reimbursement Resolution
F5a-Authorizing Resolution/Ordinance
F6-Rate Adoption Resolution, Copy of Rates, and Public Notice of Prop 218 Meeting F7-Schedule of Related Debt and Debt Document Copies
F8-Debt Management Policy
F9-New Special Tax, Assessment District, or Service Charge Projections F10-Relevant Service, Management, Operating, or Joint Powers Agreements Task E. Plans, Specifications and Cost Estimate. Jacobs will complete the following.
Task E.1 30 % Submittal. Prepare preliminary drawings and table of contents for the technical specifications for the selected project. See Table 1 for a preliminary listing of drawings for the selected project along with those to be included in the 30 and 50% submittals. This list is based on the repair/rehabilitation of the existing primary clarifiers, RBCs, digesters and sludge thickener and may require modification based on the results of the previous tasks.
A listing of specifications and applicable permits and associated costs will be provided with this submittal.
The specifications table of contents shall include a Supplement to Instructions to Bidders for Clean Water State Revolving Funding (CWSRF) requirements as described below in Task E.5 below. This supplement shall initially list applicable CWSRF labor and material requirements such as Davis Bacon Wage Rates, American Iron and Steel, Disadvantaged Business Enterprise (DBE) requirements.
Deliverables: Jacobs will provide the drawings indicated for the 30% Submittal in the List of Drawings (Table 1), specification table of contents, conceptual level cost estimate (as defined by Advancement of Cost Engineering (AACE) international Standard for Class 5 budgetary cost estimates) and list of applicable permits and associated costs. All electronic PDF. 11 Task E.2 50% Submittal. Update and further develop drawings, develop technical specifications for major equipment, and update cost estimate. See Table 1 for a listing of drawings to be included in the 50% submittal.
The preliminary listing of applicable permits and associated costs will be reviewed and further refined along with the estimate of probable construction cost.
Deliverables: Jacobs will provide the drawings indicated for the 50% Submittal in the List of Drawings (Table 1), technical specifications for major equipment, updated specification table of contents, updated cost estimate.
Task E.3 90 % Submittal.
Fully develop drawings, specifications, and cost estimate described by the 50% Submittal to reflect bid-ready documents. See Table 1 for a listing of drawings to be included in the 90% submittal.
This will be the final review submittal and will include the bidding requirements, contract documents, technical specifications, and drawings necessary for bidding the construction contract.
The final engineer’s estimate of probable construction cost will be prepared and delivered within two weeks after submission of the 90% Submittal.
Deliverables: Jacobs will provide the drawings indicated in the List of Drawings (Table 1), all specifications, and updated cost estimate.
Task E.4 100 % Submittal.
Jacobs will prepare 100% Submittal (final) biddable construction documents including bidding requirements, contract documents, specifications, and drawings.
Deliverables: Jacobs will provide the drawings indicated in the List of Drawings (Table 1), all specifications, and updated cost estimate.
Task E.5 Supplement to Instructions to Bidders for CWSRF As described above, the specifications shall include a Supplement to Instructions to Bidders for Clean Water State Revolving Funding (CWSRF) requirements (Supplement).
Deliverables: Jacobs shall prepare a list applicable CWSRF labor and material requirements such as Davis Bacon Wage Rates, American Iron and Steel, Disadvantaged Business Enterprise (DBE) requirements for the 30 and 50% Submittals. Following review and comment, Jacobs will prepare a complete Supplement for the 90% Submittal.
Table 1. Proposed Drawing List
No. Sheet No. Drawing Title Submittal
30% 50%
12 1 G-1 Cover Sheet, Location Map, Vicinity Map X X
2 G-2 Drawing Index X X
3 G-3 Abbreviations X X
4 G-4 Architectural Notes, Legend and Symbols X
5 G-5 Architectural Building Code Data and Life Safety Plans X 6 G-6 Structural Notes – 1 X X
7 G-7 Structural Notes – 2 X
8 G-8 Process Legend and Notes X
9 G-9 Mechanical Legend and Notes X X
10 G-10 HVAC and Plumbing Legend X
11 G-11 HVAC Schedule X
12 G-12 Electrical Legend – 1 X X
13 G-13 Electrical Legend – 2 X
14 G-14 Instrumentation and Control Legend – 1 X X
15 G-15 Instrumentation and Control Legend – 2 X
16 G-16 Solids Mass Balance and Process Flow Diagram X X 17 D-1 Site Plan 1 – Demolition X X
18 D-2 Site Plan 2 – Demolition X X
19 D-3 Site Plan 3 – Demolition X X
20 S/M-1 Site Plan 1
21 S/M-2 Site Plan 2
22 S/M-3 Site Plan 3
23 E/I-1 Control System Block Diagram X
24 E/I-2 Site Plan – 1 X X
25 E/I-3 Site Plan – 2 X X
26 E/I-4 Site Plan – 3 X X
27 PC-D-1 Primary Clarifier Plan and Section – Demolition X X 28 PC-D-2 Primary Clarifier Sections and Details - Demolition X 29 PC-D-3 Primary Clarifier Building – Demolition X X
30 PC-D-4 Primary Clarifier Building – Demolition Details X 31 DG-D-1 Digesters Plan and Section – Demolition X X
32 DG-D-2 Digesters Plan, Section and Details - Demolition X 33 DG-D-3 Digesters Plans and Sections I – Demolition
34 DG-D-4 Digesters Plans and Sections II – Demolition X 35 DG-D-5 Digesters Plan and Details – Demolition X X
36 DG-D-6 Digesters Sections - Demolition
37 RBC-D-1 Rotating Biological Contractors (RBC) Plan - Demolition
X X
38 RBC-D-2 RBC Sections - Demolition X X
39 RBC-D-3 RBC Sections and Details – Demolition X
40 RBC-D-4 RBC Top Plan and Sections - Demolition
13 41 ST-D-1 Sludge Thickener Plan and Section– Demolition X X 42 ST-D-2 Sludge Thickener Sections and Details - Demolition X 43 PC-S/M-1 Primary Clarifier Plan X X
44 PC-S/M-2 Primary Clarifier Section and Details X
45 PC-S/M-3 Primary Clarifier Details X
46 PC-S/M-4 Primary Clarifier Building Plan and Section X X 47 PC-S/M-5 Primary Clarifier Building Section and Details X 48 PC-E/I-1 Primary Clarifier Building Electrical Facility Plan X 49 PC-E/I-2 Primary Clarifier Building Electrical Process Plan 50 PC-E/I-3 Primary Clarifier Building Electrical Details 51 DG-S/M-1 Digesters Plan and Section - Basement Plan X X 52 DG-S/M-2 Digesters Plan and Section - Upper Floor Plan X X 53 DG-S/M-3 Digesters Plan and Section - Roof Plan X X
54 DG-S/M-4 Digesters Sections X
55 DG-S/M-5 Digesters Sections and Details
56 DG-S/M-6 Digesters Gas Piping Isometric X
57 DG-S/M-7 Digesters Steam, Hot Water, Boiler & Heat Exchanger Piping Isometric
X
58 DG-S/M-8 Digesters Sludge Piping Isometric X
59 DG-E/I-1 Digesters Feed Pumps P&ID X X
60 DG-E/I-2 Digesters Mixing and Gas System P&ID X X
61 DG-E/I-3 Digesters Sludge Recirculation and Transfer 1 P&ID X X 62 DG-E/I-4 Digesters Sludge Recirculation and Transfer 2 P&ID X X 63 DG-E/I-5 Digesters Gas Collection and Treatment 1 P&ID X X 64 DG-E/I-6 Digesters Gas Collection and Treatment 2 P&ID X X 65 DG-E/I-7 Hot Water System P&ID – 1 X X
66 DG-E/I-8 Hot Water System P&ID – 1 X X
67 DG-E/I-9 Digesters Process Plan X X
68 DG-E/I-10 Digesters Facility Plan X
69 DG-E/I-11 Digesters Cable Tray Plan and Section X
70 DG-E/I-12 Digesters One-Line Diagram X X
71 DG-E/I-13 Digesters MCC Elevation X
72 DG-E/I-14 Digesters Control Diagrams 1 X
73 DG-E/I-15 Digesters Control Diagrams 2 X
74 DG-E/I-16 Digesters Control Diagrams 3 X
75 DG-E/I-17 Digesters Cable Block Diagrams 1 X
76 DG-E/I-18 Digesters Cable Block Diagrams 2 X
77 DG-E/I-19 Digesters Cable Block Diagrams 3 X
78 DG-E/I-20 Schedules X
79 DG-E/I-21 Panel Schedule X
80 RBC-S/M-1 RBC Plan X X
14 81 RBC-S/M-2 RBC Sections X
82 RBC-S/M-3 RBC Sections and Details X
83 RBC-S/M-4 RBC Top Plan and Section
84 RBC-S/M-5 RBC Top Plan Sections and Details
85 RBC-E/I-1 RBC P&ID 1 X X
86 RBC-E/I-2 RBC P&ID 2 X X
87 RBC-E/I-3 RBC P&ID 3 X X
88 RBC-E/I-4 RBC Process Plan X X
89 RBC-E/I-5 RBC Facility Plan X
90 RBC-E/I-6 RBC One-Line Diagram X X
91 RBC-E/I-7 RBC MCC Elevation X
92 RBC-E/I-8 RBC Control Diagrams 1 X
93 RBC-E/I-9 RBC Control Diagrams 2 X
94 RBC-E/I-10 RBC Control Diagrams 3 X
95 RBC-E/I-11 RBC Cable Block Diagrams 1 X
96 RBC-E/I-12 RBC Cable Block Diagrams 2 X
97 RBC-E/I-13 RBC Cable Block Diagrams 3 X
98 RBC-E/I-14 RBC Schedules X
99 RBC-E/I-15 RBC Panel Schedules X
100 ST-S/M-1 Sludge Thickener Plan and Detail X X
101 ST-S/M-2 Sludge Thickener Sections and Details X
102 ST-S/M-3 Sludge Thickener Details X
103 ST-E/I-1 Sludge Thickener P&ID X X
104 ST-E/I-2 Sludge Thickener Process Plan X X
105 ST-E/I-3 Sludge Thickener Facility Plan X
106 ST-E/I-4 Sludge Thickener One-Line Diagram X X
107 ST-E/I-5 Sludge Thickener MCC Elevation X
108 ST-E/I-6 Sludge Thickener Control Diagrams 1 X
109 ST-E/I-7 Sludge Thickener Control Diagrams 2 X
110 ST-E/I-8 Sludge Thickener Cable Block Diagram 1 X
111 ST-E/I-9 Sludge Thickener Cable Block Diagram 2 X
112 ST-E/I-10 Sludge Thickener Schedules X
113 ST-E/I-11 Sludge Thickener Panel Schedules X
114 SC-S/M-1 Secondary Clarifiers Plana X
115 SC-S/M-2 Secondary Clarifier Detailsa
116 AB-H-1 Administrative Buildingb X
117 BFP-H-1 Belt Filter Press Buildingb X
118 SS-1 Site Plan 1 - Surveillance and Security X X
a
Drawings depicting replacement of valves and flow meters b
Heating, ventilation, and cooling (HVAC) Improvements
15 Task F. Bidding Assistance
Jacobs will assist the City during the bidding process, which begins at the time the final documents are approved for bidding by the City and SWRCB and continues until the City awards a construction contract. Anticipated activities are as follows:
Assist City with providing response to bidders’ technical questions and requests for additional information, when requested by the City,
Furnish technical interpretation of the bid documents, Prepare draft for City review and final responses to questions for inclusion in addenda prepared by Jacobs and distributed by the City. Jacobs will not answer questions directly received from bidders; but refer these questions to the City, Attend and assist City staff conduct one pre-bid conference and site walk-through that has been scheduled by the City,
Develop the agenda and content of the pre-bid conference and site walk-through with input from City staff,
Assist City with recording all questions and requests for additional information, and Coordinate with the City for issuing responses and additional information.
The City will review all bids, check references, and make the final decision on the award of the contract for construction and the acceptance or rejection of all bids.
Schedule
Project schedule is as follows assuming work can continue without interruption throughout amendment authorization:
Draft Task A-D Packages:1
Task A: June 2023
Task B: June 2023
Task C: Package June 2023, Eighteen (18) months, March 2023 through September 2024 for entire Environmental Process completion.
o Jacobs will initiate CEQA process upon notice to proceed. CEQA process is anticipated to take approximately 90 days to complete depending on City staff’s availability to review and participate.
o Jacobs will initiate preparation of the attachments and application materials at notice to proceed. A detailed schedule will be developed based upon conversations with SWRCB staff and approach to CEQA plus, NEPA, and timeline for Section 7 and 106 Consultations.
Task D: June 2023
1 Assumes City will provide Jacobs requested data and information within 2 weeks, maximum written request.
16 Final Task A-D Packages:
Task A-D: 2 weeks following receipt of all adjudicated City review comments.
Task E:
30% Submittal: October 2023
50% Submittal: March 2024
90% Submittal: October 2024
100% (Final) Submittal: 4 weeks from receipt of all adjudicated comments Task F: Bidding assumed to occur in 2025.
Assumptions
The following assumptions were made for the development of this scope of work, schedule and estimated level of effort.
1) Project manager will prepare and submit a monthly progress report and invoice which will describe project status, costs, remaining budget, conformance to schedule, reasons for any deviation from the work plan, and a listing of critical items and needs anticipated to occur the following month.
2) Jacobs is not obligated to perform work beyond agreed upon level of effort and/or fee estimate.
3) Budget for surveying, geotechnical, and potholing and/or location of existing utilities are not included in the fee estimate. These services to be added to the contract if needed. 4) Drainage improvements and/or report will not be required for this work. 5) Billing rates shall escalate at a rate of 3 percent per year, starting in January of each year and the labor rates incorporated into our cost tables have this escalation included. 6) Site security and other security systems within the WWTP site are assumed to be adequate and do not require improvements or upgrades beyond the addition of a fourth security camera to the existing system.
7) Jacobs will reasonably rely upon the accuracy, timeliness, and completeness of existing information.
8) Work will be based on the federal, state and local codes and standards in effect on April 19, 2022, which is the effective date of the authorization to proceed for Amendment No.
04. Any changes in these codes may necessitate a change in scope, schedule and/or fee. 9) Any investigation and remediation of possible hazardous waste, asbestos, lead paint or other types of contamination will be conducted by others or as a separate contract. 10) Related to events beyond the control of Jacobs, schedule extensions shall be discussed and a reasonable and mutually agreeable extension of time for performance of its services under this agreement shall be granted.
11) Any cost opinions or project economic evaluations provided by Jacobs will be on a basis of experience and judgement, but since Jacobs has no control over market or bidding conditions, Jacobs cannot warrant that estimates, bids, ultimate construction cost, or project economics will not vary from these opinions.
17 12) Exhibit 1 includes our fee estimate for the scope of services defined above. Jacobs shall not be held to individual line item or task estimates, and the not-to-exceed amount only applies to the aggregate of all task costs.
13)Engineering services during construction / construction management work is anticipated to be added via a future contract amendment and subject to other assumptions and limitations.
14)Detailed design and bidding assistance costs (Tasks E and F) are based on the preliminary listing of drawings shown in Table 1, which lists a total of 118 drawings.
Higher costs for these tasks may occur if additional drawings are required beyond this number or other processes are rehabilitated besides those described above and limited to the primary clarifiers, RBCs, digesters and sludge thickener. 15)Tasks E and F costs are based on a total estimate of probable construction cost in the range of $15 to 20M. If actual construction costs are higher, thereby indicating the need to provide a higher level of effort, budget adjustments to these tasks may be required. 16)City shall furnish current CAD files of the RBCs, digesters, WWTP site plan, etc. as required.
17)City staff shall actively participate in submittal review meetings and provide input and review comments on deliverables in a timely fashion.
18)City shall prepare and file applications and pay fees for all permits, applications and licenses required by local, state, and federal authorities. 19)Construction Management and Engineering Services During Construction are subject to other assumptions, terms and conditions and are assumed to be provided by Jacobs and authorized in a future amendment.
Fee Estimate to Complete and Total Project Cost
This work is to be performed on a time and materials basis using the labor and cost breakdown fee estimate provided in Exhibit 1. Note that estimate of $2,559,225 is a cost to complete and should be added to the latest cost to date of $167,975.282 to determine the total project cost of $2,727,200.28.
2 Includes cost to date through February 2023 invoice
18 Exhibit 1
Jacobs Labor and Cost Breakdown Fee Estimate to Complete Total
Labor
Escalation
at
3%
for
2024
Tasks
and
6%
for
2025
Task
Expense
Markup
(10%
of
Expenses) TOTAL
A. General Information Package
Subtotal $5,578 $5,578
B. Technical Package
Subtotal $124,478 $2,625 $263 $127,365
C. Environmental Compliance
Subtotal $255,715 $5,163 $9,043 $904 $270,825
D. Financial Security Package
Subtotal $65,981 $500 $50 $66,531
E. Plans, Specifications, & Estimates of Probable Constuction Cost Subtotal $1,912,192 $43,946 $26,592 $2,659 $1,985,389
F. Bidding Assistance (Allowance)
Subtotal $95,030 $5,702 $2,550 $255 $103,537
TOTAL 2,458,973 54,810 41,310 4,131 2,559,225
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WEIR, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT
COORDINATOR
DATE: MARCH 20, 2023
SUBJECT: ACCEPTANCE OF FY2023 ECONOMIC DEVELOPMENT INITIATIVE
COMMUNITY PROJECT FUNDING GRANT AWARD
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize City Manager to sign the Grant Agreement for the FY2023 Economic Development Initiative Community Project Funding award in the amount of $750,000 and act on the City’s behalf in all matters pertaining to this grant award.
• Approve and adopt Resolution No. 2023-21, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY
BACKGROUND
On April 8, 2022, City staff met with Congressman Jared Huffman to discuss some of the City’s upcoming projects such as the Beachfront Park and Front Street. The presentation and subsequent discussion were met with enthusiastic support and, as a result, the City was invited to submit a request for additional funding through the FY2023 Community Project Funding (CPF) grant program for the Front Street Complete Street and Cultural Inclusion project. The FY2023 CPF grants are part of the Consolidated Appropriations Act of 2023 (FY2023 Act) which contains $2,982,285,641 in Economic Development Initiative funding for the purpose of making Community Project Funding/Congressionallydirected grants.
City staff quickly prepared an application to meet the April 15th deadline and was notified on May 19, 2022 that our project had been selected by Congressman Huffman to submit Community Project Funding Grant Acceptance
March 20, 2023
2 to the House Appropriations Committee as a Community Project for consideration in the FY2023 Appropriations. The Front Street Complete Street and Cultural Inclusion project went on to be selected by the Appropriations Committee and was included in Appropriations legislation. That legislation was later voted out of the Appropriations Committee, voted off the floor of the House of Representatives, agreed to by the Senate, and signed into law by the President of the United States.
On December 23, 2022, the City was notified that we had been awarded $750,000 in Community Project Funding and received the corresponding award letter and Grant Agreement on March 2, 2023. CPF grants will be administered by the Congressional Grants Division of the U.S. Department of Housing and Urban Development (HUD).
ITEM ANALYSIS
At this time, City staff are asking for Council to authorize the City Manager to sign the attached Grant Agreement and act on the City’s behalf in all matters pertaining to this grant award including, but not limited to, any subsequent amendments, funds requests, or required reporting forms.
GRANT TIMELINE:
• Grant Performance Period Dec. 29, 2022 – Aug. 31, 2031 • Project Start Date Upon execution of contract
• Project Closeout
o Complete Project August 31, 2031
o Project Completion Packet to HUD December 31, 2031
FISCAL ANALYSIS
There will be no matching funds required for this grant. These funds will support the construction of the Front Street Complete Street and Cultural Inclusion project on Front Street from G to Play Street. There is, however, a significant fiscal impact to be aware of.
These grants are on a reimbursable basis, so the City will need to pay the project costs and then request reimbursement from the funding agency. The City is involved in several other large projects with grants awarded and new grant applications have been submitted.
The City will need to take steps to ensure there is adequate cash flow to meet all the necessary expenses. This could include utilizing interfund borrowing and/or outside borrowing (such as a bridge loan), depending on the specific projects and timing of grant reimbursements. However, given the expected expenditure of these funds in late summer of 2023 and the anticipated timing of the majority of the other grant funded projects in 2024 and 2025, cash flow is not anticipated to be a large concern for this project. Staff will continue to monitor all grant projects and their reimbursement timing.
Community Project Funding Grant Acceptance
March 20, 2023
3 STRATEGIC PLAN ASSESSMENT
This action is consistent with the following 2016 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. o Encouraging and supporting community participation in the implementation of the Beachfront Park Master Plan through avenues such as Beachfront Park Fund.
o Target economic development improvements that provide additional benefit by enhancing the quality of life for residents.
o Examine methods to maintain, enhance, and expand park and recreation facilities
• Goal 2: Promote a thriving local economy.
o Evaluate and optimize additional revenue sources.
o Support community services that provide measurable services to the community.
o Research and implement methods to increase local tourism and funding for tourism promotion.
o Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs.
ATTACHMENTS
1. CPF Grant Agreement
2. Resolution No. 2023-21
GRANT AGREEMENT NO. B-23-CP-CA-0133
FY 2023 COMMUNITY PROJECT FUNDING
This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Crescent City (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-103) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement).
In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $750,000 available to the Grantee.
ARTICLE II. Total Grant Amount
377 J St. Crescent City, CA 95531
B-23-CP-CA-0133
14.251 Economic Development Initiative,
Community Project Funding, and Miscellaneous Grants
Date of grant obligation
August 31, 2031
Grantee Name: City of Crescent City
Grantee Address:
Grantee's Unique Entity Identifier (UEI):
Federal Award Identification Number (FAIN)
Assistance Listing Number and Name
Period of Performance/Budget Period Start Date
Period of Performance/Budget Period End Date
Grantee's Employer Identification Number (EIN)
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.
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B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD’s Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line-item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The HUD Office of Economic Development – Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 2023 and the Explanatory Statement are hereby incorporated and made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute.
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F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.
H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.
All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a “non-Federal entity” that receives a subaward.
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decisionmaking and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision-making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.
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C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive Compensation”), which are hereby incorporated into and made part of this Grant Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement.
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I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), “Disclosure of Lobbying Activities.” In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement.
J. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).
K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance
L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)).
M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
Grantees that are not exempt from Section 3 must submit annual reports of Section 3
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GRANT AGREEMENT NO. B-23-CP-CA-0133
accomplishment Performance Measures in DRGR in January of the calendar year.
This report reflects Section 3 accomplishments for the previous calendar year.
N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107- 118). Public use does not include economic development that primarily benefits private entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography.
This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424.
R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.
B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee’s Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD’s instructions for entering information in DRGR found in the document titled “Grant Award Instructions” that accompanies the Grant Agreement.
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D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2031.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program-specific reporting requirements apply to the Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website (https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html).
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D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a).
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement.
HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with Grant Funds.
E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability
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requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.
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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to [email protected].
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
HUD
BY: _________________________________________________
Robin J. Keegan,
Deputy Assistant Secretary for Economic Development
_________________________________________________
(Date)
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APPENDIX 1 – Project Narrative
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APPENDIX 2 – Approved Budget
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APPENDIX 3 – Grantee’s Indirect Cost Rate Information
Subject to the applicable requirements in 2 CFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below:
The Grantee will not use an indirect cost rate to charge its indirect costs to the grant.
The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant.
Agency/Dept./Major Function Indirect cost rate Direct Cost Base _________________________ _____________% ______________ _________________________ _____________% ______________ [PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is checked, the corresponding table must be filled out as described below.
The table must include each indirect cost rate that will be used to calculate the Grantee’s indirect costs under the grant. The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.]
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APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance
1. General Reporting Requirement
If the total value of the Grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
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(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee’s part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded.
4. Reporting Frequency
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
(1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
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APPENDIX 5 – Specific Award Conditions
NONE.
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APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s Project, taking into account the cumulative effects of the factors in paragraph (v).
4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.
5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low- or moderateincome persons intended to be the beneficiaries of the assisted activity, and the exception
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will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest.
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APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as written:
a. Provisions applicable to a grantee that is a private entity.
1.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either—
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.
We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:
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i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424. c. Provisions applicable to any grantee.
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1.“Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
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3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
CITY OF CRESCENT CITY RESOLUTION NO. 2023-21 Page 1
RESOLUTION NO. 2023-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2022, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 20 th day of
June 2022; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the City applied for and was awarded $750,000 from the U.S. Department of Housing and Urban Development for the Front Street Complete Street and Cultural Inclusion project; and WHEREAS, the City has received a grant agreement from the U.S. Department of Housing and Urban Development and is ready to begin expending grant funds; and WHEREAS, the grant revenue and expenditures will be budgeted and any unused amounts carried over to the following fiscal year until the funds are expended or the grant period ends; 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 2022-23 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Revenue Increase (Decrease) Expenditure Increase (Decrease) General CIP Fund $750,000 $750,000
APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 20th day of March, 2023 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Isaiah Wright, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk