124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
OPEN SESSION: 6:00 p.m.
IMPORTANT: THIS MEETING WILL BE OPEN TO THE PUBLIC.
Members of the City Council may par(cipate in the mee(ng via Zoom consistent with the provisions of Assembly Bill 361, which amended the Brown Act.
To Par(cipate in the mee(ng please use the link: https://us02web.zoom.us/j/88648416804? pwd=QjFHTkt1TGIwMVN4V1lQR0FLRmw1UT09
Meeting ID: 886 4841 6804
Passcode: 551890
Dial 1-(669) 900-6833 and entering the meeting ID.
Public Business Session Par(cipa(on is welcome in-person at the Cloverdale Performing Arts Center, 209 N. Cloverdale Blvd., or through the use of Zoom at link above. Viewing of mee(ng - Public Session: Regular City Council mee(ngs are streamed via live webcast on YouTube at:
https://www.youtube.com/channel/UCDSDDT0okjoOrRhJaetPRbQ or Cloverdale YouTube Channel - on day and time of meetings.
The Cloverdale City Council welcomes you to its mee(ngs that are typically scheduled for the 2nd and 4th Wednesday of the month. Your interest and par(cipa(on are encouraged and appreciated.
Please silence all pagers, cellular telephones and other communica(ons devices upon entering the meeting.
PUBLIC COMMENT: ADDRESSING THE CITY COUNCIL
Public Comments may be made through the use of Zoom or sent by email to [email protected]. Emailed comments will become part of the record and viewable online and in the City Clerk’s Office. Please refer to the end of the agenda for further instruction.
A. OPENING PUBLIC SESSION
AGENDA
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, APRIL 13, 2022
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 Call to Order
Pledge of Allegiance
Roll Call:
Mayor Lands
Vice Mayor Wolter
Councilmember Bagby
Councilmember Cruz
Councilmember Palla
Conflict of Interest Declaration
Agenda Review – Regular Session (Changes and/or Deletions) B. PUBLIC COMMENTS: Any person wishing to speak to the City Council on any item not listed on the agenda may do so at this (me. Members of the public have the right to speak on any item on the Council Agenda at the (me the item comes up for consideration. Pursuant to the Brown Act, the City Council is not allowed to consider issues or take action on any item not listed on the agenda. Per City Council Policy, three minutes are typically allotted to each speaker.
C. PROCLAMATIONS/PRESENTATIONS: (10 Minutes)
C.1 Student Liaison Report
C.2 Proclamation - Proclaiming April 2022 as "Mental Health Awareness Month C.3 Proclamation - Declaring April 10-16, 2022 as "National Public Safety Telecommunicators Week"
D. CONSENT CALENDAR: All items under Consent Calendar will be considered together by one ac(on of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.
D.1 Minutes of the March 9, 2022, and March 23, 2022, City Council meetings.
Recommended Action(s):
Approve with edits or as presented.
D.2 A Resolution Authorizing Remote Teleconference Meetings of the City in compliance with Assembly Bill 361
Recommended Action(s):
Adopt Resolution entitled, "A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City of Cloverdale of the City in Compliance with Assembly Bill 361,
C.2 Proclamation - National Mental Health Awareness Month 2022.pdf C.3 Proclamation - Dispatchers Week.pdf
3-9-2022 City Council Meeting - Cloverdale.pdf
03-23-2022 City Council Meeting.pdf
D.1 Staff Report - Teleconference to Ensure Safe Public Participation.pdf D.2 Resolution 034-2022 Teleconference to Ensure Safe Public Participation.pdf 2 D.3 Consideration of a Resolution authorizing the Destruction of Records as incorporated as Exhibit "A" of the Resolution which is Authorized by the City's Official Records Retention Schedule adopted in September 2006
Recommended Action(s):
Adopt Resolution Approving the Destruction of Records as noted in Exhibit "A" D.4 Funding Agreement with the Sonoma County Redwood Empire Food Bank Recommended Action(s):
Adopt a Resolu(on Titled, " A Resolu(on of the City Council of the City of Cloverdale approving a Funding Agreement with the Redwood Empire Food Bank in an amount not to exceed Forty Thousand Dollars ($40,000) and authorizing the City Manager to execute said agreement in a form approved by the City Attorney".
D.5 General Fund Reserves Balances as of June 30, 2021
Recommended Action(s):
Receive the General Fund Reserves Balances as of June 30, 2021, by Account Type, for informational purposes.
D.6 Consideration of Resolution for Roadway Improvement Project list for fiscal year 2022/2023 funded by SB-1: The Road Repair Accountability Act of 2017 Recommended Action(s):
Adopt the Resolu(on (tled "Resolu(on of the City Council of the City of Cloverdale Adop(ng a List of Projects for Fiscal Year 2022/2023 Funded by SB1: The Road Repair and Accountability Act of 2017".
E. COMMUNICATIONS: Council may discuss at this time written communications sent to Councilmembers since the last council meeting. Written communications to be discussed will be listed below, if any.
F. PUBLIC HEARING: Public Hearing items will begin at the (me shown, or as close thereaNer as possible, to allow for completion of the item.
F.1 Ordinance of the City of Cloverdale amending Chapters 1.10 and 1.14 of the Cloverdale Municipal Code and adding Chapter 1.18 and 1.20 to the Cloverdale Municipal Code Staff Report Reso Records Destruction 2022.pdf
Resolution 2022 records destruction April 2022.pdf
Exhibit A -Request to Destroy revised 01 2022.pdf
CC Agenda Report - 2021 Funding Agreement with Redwood Empire Food Bank_04.13.2022.pdf
Attachment 1 - CC Resolution - Authorizing Funding Agreement with Redwood Empire Food Bank_03.09.2022.pdf
Redwood Empire Food Bank Funding Proposal_Cloverdale_220304.pdf CC Agenda Report General Fund as of June 30, 2021.pdf
Attachments 1 and 2 Reserves and General Fund Surplus Policy as of 2016.pdf CC Agenda Staff Report -SB1 list for fy 2022-2023.pdf
Attachment 1 - Resolution - SB 1 list fy 2022-2023.pdf
3 regarding Code Enforcement.
Recommended Action(s):
Introduce and hold first reading, by (tle only, and Ordinance amending Cloverdale Municipal Code Chapters 1.10 and 1.14 and adding Chapter 1.18 and 1.20 regarding Code Enforcement Procedures.
G. NEW BUSINESS:
H. SUBCOMMITTEE ITEMS:
Finance, Administration & Police
Next Meeting - May 2, 2022 @1:30 p.m.
Planning & Sustainability
Next Meeting - April 19, 2022 @ 4:00 p.m.
Public Works & Facilities
Next Meeting - May 24, 2022 @ 2:00 p.m.
Joint City/Cloverdale Fire District
Next Meeting - June 13, 2022 @v 5:30 p.m.
Joint City/Cloverdale Unified School District
Next Meeting - May 16, 2022 @ 5:00 p.m.
Homelessness Community Advisory Group
Next Meeting - May 10, 2022 @ 1:30 p.m.
I. SUBCOMMITTEE REPORTS: (Verbal reports only)
J. COUNCIL REPORTS: (Verbal reports only)
K. INFORMATIONAL REPORTS:
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:
M. CITY MANAGER/CITY ATTORNEY REPORT(S):
N. STATUS UPDATE ON CURRENT IMPACTS TO WATER SUPPLY: (Verbal report) O. STATUS UPDATE ON CURRENT EMERGENCY: Discussion and possible direction related to COVID-19.
P. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:
Q. ADJOURNMENT: The next regular mee(ng of the City Council and Cloverdale Community Development Successor Agency is scheduled for . Public Business Session at 6:00 p.m. (at the Cloverdale Performing Arts Center 209 N. Cloverdale Blvd., Cloverdale, CA 95425, and by teleconference).
CC Agenda Report - Code Amendments Code Enforcement_04_13_22.pdf Att 1 Cloverdale - Ordinance Amending Code Enforcement Procedures 4.1.22.pdf 4 CERTIFICATE OF POSTING
I, Lori Frontella, Interim City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted on 1) the outdoor bulletin board at City Hall, 124 N. Cloverdale Blvd., Cloverdale, CA 95425, and 2) Cloverdale Performing Arts Center,209 N. Cloverdale Blvd., Cloverdale, CA 95425; and made available for public review prior to or at 5:00 p.m., on or before the 7th day of April 2022.
Date posted: Time posted:
Signature City Clerk:
IMPORTANT NOTICE REGARDING THIS CITY COUNCIL MEETING BELOW Public A>endees - When asked to do so by the mayor, those wishing to address the City Council are asked to step up to the podium, speak directly into the microphone so everyone in the audience can hear and for your comments to be recorded into the official record. State your name and City of Residence for the record.
Zoom Attendees will be muted un(l they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone.
Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom no(fica(on that you have been unmuted. Once you begin your public comment, your three (3) minutes will begin. Instructions for using Zoom available at:
https://www.youtube.com/channel/UCDSDDT0okjoOrRhJaetPRbQ or Cloverdale YouTube Channel If you would prefer to submit public comment in wri(ng, please email your comments to [email protected]. If you are commen(ng on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council in writing and included as a part of the record of the meeting.
OTHER IMPORTANT NOTICES REGARDING THE CITY COUNCIL MEETING DISABLED OR SPECIAL NEEDS ACCOMMODATION: In compliance with the Americans with Disabili(es Act, if you need assistance to aUend or par(cipa(on in a City Council mee(ng, please contact the City Clerk's office at 894-2521.
No(fica(on at least 72 hours prior to the mee(ng will assist the City Clerk in assuring those reasonable accommodations are made to provide accessibility to the meeting.
AB343 REQUIREMENTS: Any wri(ngs or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspec(on in the City Hall offices located at 124 N. Cloverdale Blvd., Cloverdale, CA 95425 during normal business hours.
WAIVER WARNING: If you challenge decisions/direc(ons of the City Council in court, you may be limited to raising only those issues you or someone else raised at public hearings described in this agenda, or in wriUen correspondence delivered to the City of Cloverdale, or prior to, the public hearing.
TRANSCRIPTIONS: The City does not transcribe its proceedings. Anyone who desires a verbal record of this mee(ng should arrange for an aUendant by a court reporter or for other acceptable means of recording. Such arrangement will be at the sole expense of the individual reques(ng the recorda(on. Ques(on about this agenda should be directed to City Hall at 707-894-2521.
The City of Cloverdale thanks you in advance for taking all precautions to prevent spreading COVID-19. 5 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PROCLAIMING APRIL 2022 MENTAL HEALTH AWARENESS MONTH
WHEREAS, mental health is essential to our overall health, and the importance of attending to mental health has become even more pronounced during the COVID-19 pandemic, which has not only negatively impacted many people’s mental health but has also created barriers to treatment; and WHEREAS, millions of adults and children across America experience mental health conditions, including anxiety, depression, schizophrenia, bipolar disorder, and post-traumatic stress disorder. Nearly one in five Americans lives with a mental health condition. Those living with mental health conditions are our family, friends, classmates, neighbors, and coworkers; and WHEREAS, discrimination against those with mental health conditions in our society remains and can make it difficult to find and reach out for help. While our Nation has made progress in promoting mental health services, many communities face pervasive barriers in accessing mental health care; and WHEREAS, the COVID-19 pandemic and the resulting economic crisis has impacted the mental health of millions of Americans. Isolation, sickness, grief, job loss, food instability, and loss of routines has increased the need for mental health services. At the same time, the need to protect people from COVID-19 has made it more challenging for people to access mental health services, and harder for providers to deliver this care; and
WHEREAS, even before COVID-19, the prevalence of mental health conditions in our Nation was on the rise. In 2019, nearly 52 million adults experienced some form of mental illness. Recent data from the Centers for Disease Control and Prevention indicates that one in four adults reported experiencing symptoms of an anxiety or depressive disorder in February 2021 — a significant increase from the prior year. Youth mental health is also worsening, with nearly 10 percent of America’s youth reporting severe depression. We must treat this as the public health crisis that it is and reverse this trend; and WHEREAS, the City Council of the City of Cloverdale dedicates this month of April 2022 to Mental Health Awareness and suicide prevention by acknowledging that immediate assistance is available for those in need of help by calling the National Suicide Prevention Lifeline at 1-800-273-TALK or by calling 1-800- 662-HELP; and
WHEREAS, the City Council ask others to reflect on this proclamation and ensure that all people living with mental health conditions are treated with compassion, respect, and understanding.
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Cloverdale does hereby proclaim April 2022 as Mental Health Awareness Month in Cloverdale.
Dated: April 13, 2022
SO ORDERED:
_____________________________
Todd Lands, Mayor
6 City Council Proclamation
Declaring April 10-16, 2022 as
“National Public Safety Telecommunicators Week”
WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the City of Cloverdale emergency communications center; and
WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Telecommunicators of the City of Cloverdale have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and, WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year.
NOW, THEREFORE BE IT RESOLVED, that I Mayor Todd Lands of the City of Cloverdale declares the week of April 10-16, 2022 to be “National Public Safety Telecommunicators Week” in the City of Cloverdale, and further extend our appreciation to our Dispatchers Tami Lemley, Michael Newhall, Carolyn Peterson, Lori Smith, Darlene Strattan, Dispatch Supervisor Caitlin Jensen, and Records Manager Linda Webb, whose diligence and professionalism keep our city and citizens safe.
Presented this day, April 13, 2022
_________________________
Todd Lands, Mayor
7 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
DRAFT MINUTES
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, MARCH 9, 2022
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
A. CLOSED SESSION
OPENING: CLOSED SESSION - 5:00 p.m.
Call to Order-Mayor Lands called the meeting to order.
Roll Call: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Agenda Review: Closed Session (Changes and/or Deletions)-No changes/deletions.
PUBLIC COMMENTS ON CLOSED SESSION AGENDA:
Mayor Lands allowed for public comment. Hearing none, he closed the public comment period.
RECESS TO CLOSED SESSION:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Sec 54957) Title: City Attorney
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Sec 54957) Title: City Manager
A. OPENING PUBLIC SESSION - 6:00 p.m.
Due to technical difficulties with the dais camera, Mayor Lands announced viewers could view the dais via Finance Director Holmes’ camera.
Call to Order – Mayor Lands called the meeting to order at 6:01 p.m.
Pledge of Allegiance was led by Mayor Lands.
Roll Call:
Mayor Lands
Vice Mayor Wolter
Councilmember Bagby
Councilmember Cruz
Councilmember Palla
Report Out of Closed Session – There was no reportable action.
Conflict of Interest Declaration-Councilmember Cruz announced a conflict on D.2. 8 Agenda Review - Regular Session (Changes and/or Deletions). None B. PUBLIC COMMENTS:
Elvira, whose brother was run over on Friday and hospitalized for severe injuries. She requested a light for the subject crosswalk. Mayor Lands expressed the Council’s concern for her brother’s injuries and stated the City would seek to ensure the crosswalk is safe. Councilmember Palla requested that this intersection be placed on the Public Works Subcommittee’s agenda and requested the accident history for the intersection.
Twenty-two year Cloverdale resident spoke in support of a light at this crosswalk. Between Cloverdale and Healdsburg Avenue, visibility is poor, and there have been other accidents, including a fatality.
The cousin of injured pedestrian requested safety measures.
Virginia Jimenez spoke in support of a light at this crossing.
Councilmember Bagby requested updates to Planning and Sustainability. A complete streets plan is needed, and Cloverdale Boulevard needs to become a neighborhood street.
Councilmember Cruz thanked the speakers on behalf of the entire community for speaking on this safety issue.
C. PROCLAMATIONS/PRESENTATIONS
C.1 Student Liaison Report
Action(s): The Council received a report from Guadalupe Nunez, Student Liaison.
C.2 The City Council proclaimed March 2022 as American Red Cross Month in Cloverdale and thanked the local chapter for their service to the community.
D. CONSENT CALENDAR:
Consent Items D.1. D.2., D.3, and D.5. were pulled from the Consent Calendar for discussion.
D.4 Agreement with Moe Engineering for Project Management and Pre-construction Services3 for the Plaza Restroom Project and 2nd Street City Park Basketball Court Improvement Project
Action(s):
Adopted:
1. Resolution 21-2022 of the City Council of the City of Cloverdale approving a Professional Services Agreement with Moe Engineering, Inc. to provide the preparation of the necessary documents and inspection services for the Per Capita Grant project installing new basketball courts at City Park and authorizing the City Manager to execute said agreement at a fee estimate and budget contingency of $53,086
2. Resolution 22-2022 of the City Council of the City of Cloverdale approving a Professional Services Agreement with Moe Engineering, Inc. to provide the preparation of the necessary documents and inspection services for the installation of a restroom 9 facility at City Plaza and authorizing the City Manager to execute said agreement at a fee estimate and budget contingency of $42,512.80.
There were no public comments.
Motion was made by Councilmember Bagby, seconded by Councilmember Palla, to approve the Consent Calendar, Item D.4.
AYES: (5) Councilmember Palla, Vice Mayor Wolter, Councilmembers Bagby and Cruz, Mayor Lands
NOES: (0)
ABSENT: (0)
ABSTAINED: (0)
D.1 Authorizing Continued Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361
Action(s):
Adopted Resolution 23-2022 entitled, "A Resolution of the City Council of the City of Cloverdale Authorizing Continued Remote Teleconference Meetings of the City of Cloverdale of the City in Compliance with Assembly Bill 361.
Mayor Lands stated that he would like to discontinue the resolution authorizing remote teleconference meetings.
Councilmember Bagby stated the Brown Act needs to be amended, and Cloverdale needs to implement the necessary technology. She believes the emergency continues . The legislation was put into place because of the pandemic to allow legislators to join meetings by teleconference without having their home address published or opening their home to the public.
Councilmember Palla agrees that the Brown Act needs to be updated, however feels the emergency does not exist to the previous level.
In response to Vice Mayor Wolter, Attorney Mog stated that Councilmembers would be able to join remotely under the prior Brown Act provisions. The Council’s determination regarding the state of emergency would govern Cloverdale’s advisory bodies.
Councilmember Cruz agreed with Councilmember Bagby’s comments.
Mayor Lands agrees the Brown Act needs to change, but this was set up for emergency purposes and is no longer necessary.
Erin Gore stated that eliminating the remote meetings will impact public participation.
Councilmember Palla stated that the Health Officer has stated the threat is reduced, but Cloverdale should still exercise safety. He could support keeping this in place, although it is unclear how much longer the State will keep it this way. His concern is the technological challenges and impacts on the meeting. He would like to receive updates on the League of California Cities’ actions to bring about change to the Brown Act. 10 Motion made by Councilmember Bagby, seconded by Councilmember Cruz, to approve Resolution 23-2022 entitled, "A Resolution of the City Council of the City of Cloverdale Authorizing Continued Remote Teleconference Meetings of the City of Cloverdale of the City in Compliance with Assembly Bill 361. The motion passed by a roll call vote: 4-ayes, 1-no.
AYES: (4) Councilmember Palla, Vice Mayor Wolter, Councilmembers Bagby and Cruz NOES: (1) Mayor Lands
ABSENT: (0)
ABSTAINED: (0)
D.3 Approve Agreement with Woodard Curran for Preparation of a National Pollutant Discharge Elimination System Permit Application and Report of Waste Discharge for the City of Cloverdale Wastewater Treatment Plant
Action(s):
Approved Resolution 24-2022 entitled, "A Resolution of the City Council of the City of Cloverdale approving a Professional Services Agreement with Woodard Curran for Preparation of a National Pollutant Discharge Elimination System Permit Application and Report of Waste Discharge for the City of Cloverdale Wastewater Treatment Plant." In response to Councilmember Bagby, City Manager Kelley stated this did not go to the Public Works Subcommittee because this is part of the required action to renew the permit, and there is not much discretion.
There were no public comments.
Motion made by Councilmember Bagby, seconded by Councilmember Palla, to approve Resolution 24-2022 entitled, "A Resolution of the City Council of the City of Cloverdale approving a Professional Services Agreement with Woodard Curran for Preparation of a National Pollutant Discharge Elimination System Permit Application and Report of Waste Discharge for the City of Cloverdale Wastewater Treatment Plant." The motion passed by a roll call vote: 5-ayes
AYES: (5) Councilmembers Palla, Bagby, Cruz, Vice Mayor Wolter, Mayor Lands NOES: (0)
ABSENT: (0)
ABSTAINED: (0)
D.5 Funding Agreement with La Familia Sana in an amount not to exceed $75,000 Action(s):
Approved RESOLUTION 25-2022 titled, “A Resolution of the City Council of the City of Cloverdale approving a Funding Agreement with the La Familia Sana in an amount not to exceed Seventy-five Thousand Dollars ($75,000) and authorizing the City Manager to execute said agreement in a form approved by the City Attorney”.
Mayor Lands thanked La Familia Sana for their work, but this is a large, one-time expenditure.
Councilmember Bagby would like to co-write a letter of support with La Familia Sana in support of Senate Bill 1229 to provide scholarship incentives for returning students to work as counselors in local schools and community organizations like La Familia Sana. 11 Councilmembers Cruz and Palla commended La Familia Sana on meeting the mental health needs of the community during these extraordinary times.
There were no public comments.
Motion made by Mayor Lands and second by Councilmember Bagby, to approve Resolution 25-2022 titled, “A Resolution of the City Council of the City of Cloverdale approving a Funding Agreement with the La Familia Sana in an amount not to exceed Seventy-five Thousand Dollars ($75,000) and authorizing the City Manager to execute said agreement in a form approved by the City Attorney”. The motion passed by a roll call vote:
5-0.
AYES: (5) Councilmembers Palla, Cruz, Bagby, Vice Mayor Wolter, Mayor Lands NOES: (0) ABSENT: (0)
ABSTAINED: (0)
D.2 Second reading of an Ordinance Approving a Development Agreement with Coppertower Family Medical Center pertaining to the Development of the Alexander Valley Wellness Center.
Councilmember Cruz announced that she owns property within the vicinity of the subject property and recused herself on this item.
Action(s):
Held second reading by title only to adopt Ordinance 745-2022 titled:
“An Ordinance of the City of Cloverdale approving a Development Agreement with Coppertower Family Medical Center pertaining to the Development of the Alexander Valley Wellness Center project located on the 2.8-acre project site located at the corner of S. Cloverdale Boulevard and Citrus Fair Drive (APN 001-440-049) There were no public comments.
Motion made by Mayor Lands and second by Councilmember Palla, to approve Ordinance 745-2022 titled, “An Ordinance of the City of Cloverdale approving a Development Agreement with Coppertower Family Medical Center pertaining to the Development of the Alexander Valley Wellness Center project located on the 2.8-acre project site located at the corner of S. Cloverdale Boulevard and Citrus Fair Drive (APN 001-440-049). The motion passed by a roll call vote: 3-1-1.
AYES: (3) Councilmembers Palla, Vice Mayor Wolter, Mayor Lands NOES: (1) Councilmember Bagby ABSENT: (0)
ABSTAINED: (0)
RECUSED: (1) Councilmember Cruz
E. COMMUNICATIONS:
City Manager Kelley noted there was email correspondence from Barry Miller inquiring about obtaining a quote from the Sheriff’s Department to provide law enforcement services. This non-agenda item communication was distributed to the City Council. 12 F. PUBLIC HEARING:
F.1 Public Hearing and Consideration of Ordinance amending Chapter 8.12, “Collection, Disposal, and Processing of Solid Waste, Recyclables and Organic Waste and Related Activities” of the Cloverdale Municipal Code Implementation of Senate Bill 1383 for Solid Waste Management.
Action(s):
1. Conducted public hearing and introduced and held first reading, by title only, an ordinance amending Title 8, Chapter 8.12 of the City of Cloverdale Municipal Code regarding “Collection, Disposal, and Processing of Solid Waste, Recyclables and Organic Waste and Related Activities” to comply with Senate Bill 1383 for Solid Waste Management.
2. Approved a Memorandum of Understanding Regarding Implementation of SB 1383 Regulations with Zero Waste Sonoma.
City Manager Kelley presented the report on the comprehensive revision of this section of the Code.
In response to Councilmember Bagby, Debra Kaufmann, R3 Consulting Group, stated this program creates diversion from the landfill and extends the life of the landfill.
Councilmember Cruz stated Zero Waste Sonoma has been responsive to the community. She noted a concern regarding receiving a 64 recycling bin that is considerably larger than her need or for which she has room.
In response to Vice Mayor Wolter, City Manager Kelley stated that a report will be coming to the Council that will discuss unfunded mandated costs. Deborah Kaufman outlined the fines for noncompliance by the City and users. Mayor Wolter would appreciate a memorandum outlining the potential for the City being fined.
Councilmember Cruz invited Leslie Lukacs, Executive Director of Zero Waste Sonoma, to respond to Vice Mayor Wolter’s concerns regarding fines. Leslie Lukacs stated that Zero Waste Sonoma is in full compliance with the legislation and is working to ensure no Sonoma County jurisdictions are in jeopardy of being fined.
Mayor Lands inquired about defined measures to determine whether users are in compliance.
Leslie Lukacs stated that the legislation is prescriptive. Zero Waste would work with customers who are not in compliance first and then coordinate with the City if necessary. Deborah Kaufman stated an agreement with a food recovery organization is required, but the amount is not prescribed. City Manager Kelley stated that the hauler could provide a report on waste generation to assess which categories should be targeted to reduce solid waste.
There were no additional public comments.
1. Motion made by Councilmember Bagby and second by Councilmember Palla to introduce and hold by first reading, by title only, Ordinance 746-2022 amending Title 8, Chapter 8.12 of the City of Cloverdale Municipal Code regarding “Collection, Disposal, and Processing of Solid Waste, 13 Recyclables and Organic Waste and Related Activities” to comply with Senate Bill 1383 for Solid Waste Management. The motion passed by a 5-0 roll call vote.
AYES: (5) Councilmembers Bagby, Palla, Cruz, Vice Mayor Wolter, Mayor Lands NOES: (0) ABSENT: (0)
ABSTAINED: (0)
RECUSED: (0)
2. Motion made by Councilmember Palla and second by Councilmember Bagby to approve a Memorandum of Understanding Regarding Implementation of SB 1383 Regulations with Zero Waste Sonoma. The motion passed by a 5-0 roll call vote.
AYES: (5) Councilmembers Bagby, Palla, Cruz, Vice Mayor Wolter, Mayor Lands NOES: (0) ABSENT: (0)
ABSTAINED: (0)
RECUSED: (0)
G. NEW BUSINESS:
G.1 Presentation and acceptance of the FY 2020/21 City of Cloverdale Audited Financial Statements
Action(s):
Reviewed and accepted by motion the FY 2020/21 City of Cloverdale Audited Financial Statements
Finance Director Holmes introduced John Cropper, Cropper Accountancy Corporation, who oversaw the audit. Auditor Cropper presented the audit’s opinion and answered questions. Cloverdale received an unmodified clean opinion.
There were no public comments.
Motion made by Councilmember Palla, second by Councilmember Bagley, to accept the Fiscal Year 2020/21 City of Cloverdale Audited Financial Statements The motion passed by a 5-0 roll call vote.
AYES: (5) Councilmembers Bagby, Palla, Cruz, Vice Mayor Wolter, Mayor Lands NOES: (0)
ABSENT: (0)
ABSTAINED: (0)
G.3 Discussion of Annual Cannabis Permit Fee
Mayor Lands took this item out of order. City Manager Kelley introduced Erin Gore, who made a presentation on behalf of the Cloverdale cannabis industry requesting a change in the current tax structure on Measure P excise tax rate as well as other changes. The Finance Administration and Police Subcommittee received a presentation and recommended that the request be forwarded to the City Council for review and consideration.
14 Erin Gore stated that the cannabis industry is in severe distress due to oversupply of cannabis, plummeting prices, illicit market success, over taxation, COVID, and inflation. They are requesting to change the current tax structure from 4.5% gross receipts flat rate to a tier of 3% for Cultivation, 1% for Manufacturing, 1% for Distribution, and 3.5% for Retail (Store front and nonstore front). Measure P allows the City Council to set different tax rates for different types of cannabis businesses so long as the tax rate does not exceed 10% of a business’s gross receipt.
They also would like a reduction in late payment penalty from 25% to 1% and to use the cannabis tax funds to drive equity community-based progress on the war on drugs that would require a change by the voters..
Diana, cannabis industry, stated that some of the revenues could be used to enforce the regulations across the industry.
Attorney Mog believes the Council could change penalties by Ordinance without voter approval.
City Manager Kelley referred to an overhead. The requested changes in the excise tax tier may be approved by Council resolution. Allocation of these General Fund tax revenues could be made during the budget process. During its deliberations, the Council expressed concern regarding cash accumulations by the cannabis industry, which is why deposits are made directly at the bank. The late fee penalty is significant, but there has been discretionary waiver.
Councilmember Palla stated that the tax rate was intended to support enforcement and education, and he would want to discuss the implementation of these important components. He would like the dollar amounts that correspond to the requested reductions. Erin Gore stated that staff does not have the break down based on the tiers they report, and the industry is reluctant to disclose the information. Councilmember Palla asked for the best information the industry can provide so that the Council can make an informed decision. Erin Gore will provide the information to the best of her ability, but this is time sensitive.
Councilmember Bagby stated Cloverdale was a leader and started the process due to compassionate care. It is timely to review the modifications, normalize the industry, remove the Draconian measures, and advocate for enforcement of illegal grows at the County and State level.
She is concerned about loss of jobs and revenues the industry brings to Cloverdale.
Mayor Land asked how the proposed percentages were developed. Erin Gore stated that the industry collectively discussed and arrived at the proposed percentages as being fair to the industry and the City. They used logic and common sense based on their bottom line as to what would allow them to stay in Cloverdale. But the information is confidential.
Councilmember Palla stated the ordinance includes provisions for audit and examination of records and equipment. While he is not suggesting it, the mechanism is there. Erin Gore stated the audits are different than their future projections. Councilmember Palla stated he was asking for information based on past receipts.
There were no additional public comments.
Vice Chair Wolter moved to direct staff to return with a resolution amending the cannibas taxes as outlined in the staff report, and to return with a report on the late fees without delaying the taxes.
Councilmember Bagby seconded the motion. There was no vote on this item. 15 In response to Chair Wolter, City Manager Kelley advised the resolution could considered by the City Council at their next meeting. The ordinance revisions could require publication, but the fiscal impacts information could return as soon as possible.
Erin Gore stated that legal operators are inspected quarterly.
Councilmember Bagby would like to consider making the adjustments retroactive if approved in March. David Kelley stated if approved, the resolution would take effect at that meeting.
The City Council recessed and reconvened at 9:29 p.m.
G.2 Discussion and Consideration of the City of Cloverdale Draft Budget Goal Statements for Fiscal Year 2022-2024
Action(s):
Reviewed and provided direction to staff on Draft Budget Goals for the Fiscal Year 2022- 2024 City of Cloverdale Bi-annual Two-Year Operating Budget.
City Manager Kelley provided a presentation on the goal setting process.
Councilmember Cruz stated the budget should be revised to compensate Councilmemberrs for their representation at regional boards and to provide Council and Planning Commissioner training. There should be a budget for community development, community safety, youth activities, and promoting Cloverdale.
Councilmember Bagby’s priorities include a professional organization, prioritizing filling staff positions, training, and a culture of professional development. She believes emergency preparedness is good as it is, as is housing and homelessness. Drought response should focus on water wise development standards with an emphasis on conversations with the community to provide housing for working families. Revenue enhancement is critical, as is principal investment of tax dollars and ensuring investments have the maximum return.
Infrastructure focus should be on City centered development in key areas. The Capital Improvement Program must be the priority infrastructure focus. Investment in technology is necessary to maximize efficiency.
Councilmember Palla would like to retain a professional grant writer to provide funding for critical priorities. He would like to see potential projects during the next 12-18 months under each category, e.g. Asti Road.
Vice Mayor Wolter stated that technology with enhanced cyber security is a priority. He would like to measure achievement in the categories that are on-going priorities.
Mr. Kelley would develop a workplan for the budget workshop that implements the themes if they meet the Council’s approval.
Mayor Lands supports the grant writer priority. Progress toward objective goals would be evaluated.
There were no public comments.
H. SUBCOMMITTEE ITEMS:
Finance, Administration & Police 16
Next Meeting - April 4, 2022
Planning & Sustainability
Next Meeting - April 19, 2022
Public Works & Facilities
Next Meeting - March 22, 2022
Joint City/Cloverdale Fire District
Next Meeting - June 13,2022. City Manager Kelley will contact the Fire Chief again for an earlier date.
Joint City/Cloverdale Unified School District
Mayor Lands announced that the March 21, 2022 will be rescheduled, but the Measure H Committee received a draft Tentative Map.
Homelessness Community Advisory Group
Next Meeting - April 12, 2022 Mayor Lands stated that housing vouchers are being administered differently than was visualized and severely restricts housing opportunities. He reported on the point and time count.
I. SUBCOMMITTEE REPORTS: (Verbal reports only)
No additional reports.
J. COUNCIL REPORTS: (Verbal reports only)
No additional reports.
K. INFORMATIONAL REPORTS:
No additional reports.
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:
Councilmember Bagby stated they would receive a report about the next Sonoma County Legislative meeting.
M. CITY MANAGER/CITY ATTORNEY REPORT(S):
City Manager Kelley reminded Councilmember regarding the April 14th Mayor and Councilmembers’ Association meeting.
N. STATUS UPDATE ON CURRENT IMPACTS TO WATER SUPPLY: (Verbal report) City Manager Kelley reported a report on drought condition information will be provided in the weekly newsletter.
O. STATUS UPDATE ON CURRENT EMERGENCY: Discussion and possible direction related to COVID-19.
None
P. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:
Councilmembers would like not like to consider outsourcing of Police services with the County.
Councilmember Cruz would like to prioritize Council consideration of the safety hazard at the intersection that was discussed under general public comments.
Q. ADJOURNMENT:
The meeting adjourned at 10:23 p.m.
17 ba124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
DRAFT MINUTES
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, MARCH 23, 2022
CLOVERDALE PERFORMING ARTS CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
A. OPENING PUBLIC SESSION – 6:00 p.m.
Call to Order-Mayor Lands called the meeting to order at 6:02 p.m.
Pledge of Allegiance led by Mayor Lands
Roll Call:
Mayor Lands-Present
Vice Mayor Wolter-Present
Councilmember Bagby-Present
Councilmember Cruz-Absent
Councilmember Palla-Present
Conflict of Interest Declaration-None
Agenda Review – Regular Session -None
B. PUBLIC COMMENTS:
Malaki, Royal Roberts University student, introduced herself and is attending to learn of the City Council’s visions and goals.
C. PROCLAMATIONS
C.1 Mayor Lands presented Student Liaison Guadalupe Nunez’ report.
The City Council presented the following proclamations:
C.2 Proclamation Cesar Chavez Day
C.3 Proclamation Equal Pay Act
C.4 Proclamation American Red Cross Month
D. CONSENT CALENDAR:
Motion was made by Councilmember Palla, seconded by Councilmember Bagby, to approve the Consent Calendar.
AYES: (4) Councilmembers Bagby and Palla, Vice Mayor Wolter, Mayor Lands NOES: (0)
ABSENT: (1) Councilmember Cruz
18 ABSTAINED: (0)
D.1 Approved minutes of the February 23, 2022 City Council meeting.
D.2 Adopted Resolution 26-2022 entitled, “A Resolution of the City Council of the City of Cloverdale approving a side letter of Agreement amending the Memorandum of Understanding between the Cloverdale Dispatch Association and the City of Cloverdale to include section 7.9.6, Administrative On-Call Time, to the Dispatch Supervisor position and authorizing the City Manager to execute the side letter of agreement”.
D.3 Accepted the 2021 General Plan Annual Report including the Housing Element Annual Progress Report and authorized staff to submit the reports to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.
D.4. Held second reading by title only and adopted Ordinance 746-2022 titled: “Ordinance of the City of Cloverdale amending Title 8, Chapter 8.12 of the City of Cloverdale Municipal Code regarding “Collection, Disposal, and Processing of Solid Waste, Recyclables and Organic Waste and Related Activities”
D.5. Adopted Resolution 27-2022 entitled, A Resolution of the City Council of the City of Cloverdale approving a new Annual Maintenance Services Agreement with Miksis Services, Inc. to provide Sewer Maintenance/Rehabilitations in an amount not to exceed $172,990.00 and authorizing the City Manager to execute said Agreement.
D.6. Received and filed Housing Successor Agency Annual Report for Fiscal Year 2020-21 D.7. Adopted Resolution 28-2022 entitled, "A Resolution of the City Council of the City of Cloverdale Declaring Certain Property as Surplus and Authorized Sale (Dispostion) of Surplus Items D.8. Adopted Resolution 29-2022 entitled “A Resolution of the City Council of the City of Cloverdale approving an amendment to the Baumgardner Subdivision Improvement Agreement and Associated Improvement Securities.”
E. COMMUNICATIONS:
Vice Chair Wolter received an e-mail from shop owner Shehann requesting a new bike rack in front of the new wellness shop on First Street. He expects the Public Works and Facilities Subcommittee will review the request. City Manager Kelley stated the request would requires policy consideration regarding encroaching into the public right of way and a parklet may be an alternative.
F. PUBLIC HEARING: None
G. NEW BUSINESS
1. Proposal to adopt a “Military Equipment Use Policy” required in Assembly Bill 481 Action:
Reviewed and discussed the “Military Equipment Use Policy” and authorized staff to bring the item back to Council for a public hearing.
Police Chief Ferguson reported that the Cloverdale Police Department possesses and deploys items that qualify within the definition of “Military Equipment” and seeks Council direction to schedule a public hearing to consider a military equipment use policy. 19 Councilmember Bagby referenced the reference to the use of drones , which is in line with the City’s policy of community policing.
In response to Vice Chair Wolter, Chief Ferguson stated that any change in the inventory would return to the City Council.
Mayor Lands stated the military equipment increases the toolbox to keep both the public and suspects safe.
There were no public comments.
Vice Chair Wolter moved to authorize staff to bring this item back to the City Council for public hearing. The motion was seconded by Councilmember Palla and passed.
AYES: (4) Councilmembers Bagby and Palla, Vice Mayor Wolter, Mayor Lands NOES: (0)
ABSENT: (1) Councilmember Cruz
ABSTAINED: (0)
Pol
G.2 Amendment of Cannabis Excise Tax
Action:
Adopted Resolution Amending the Cannabis Excise Tax
City Manager Kelley stated this action is returning to the City Council in keeping with their March 9th direction to staff. Permitted cannabis microbusinesses were not specifically addressed in the presentation by the cannabis industry. However, he does not believe the proposed resolution deviates from the industry’s request. The resolution spells out that rates would depend on the business activity of the micro business that the tax rate would apply to. It would be incumbent upon the micro businesses to report that activity based on permit type or based on the percentage of activity that is conducted. If the cannabis excise tax rates in the draft resolution had been in effect from the tax inception, the City would have collected a fairly significant decrease in cannabis tax revenue. However, the industry is asking for relief based on current sales. City Manager Kelley noted that the Council does have the flexibility pursuant to the adopted tax measure to change the rate proposed by the industry in the draft resolution to a rate from zero to ten percent pursuant to the adopted tax measure. The City Manager also noted the County did approve some relief to cultivators for a period of time when the tax rate is not applicable.
Councilmember Bagby referenced the Sonoma County Board of Supervisors’ recognition that this is needed. She stated that this measure was proposed due to compassionate care concerns. She expressed fear of Cloverdale losing the industry and jobs.
Vice Chair Wolter spoke in support and agreed that it is important to revisit this annually. If sales increase, it may be time to readjust the tax.
Mayor Lands asked why cultivation and manufacturing would receive a lower percentage than retail who can add on, which hits the pocket of the person who needs it most. He would look at 20 an across the board percentage. The City Manager stated it is a policy consideration within the Council’s discretion. One way to look at retail is it is a pass through, and ultimately the consumer pays the cost. As with many cities, Cloverdale does not currently have cultivation businesses.
Erin Gore stated this is pass through tax, and they would applaud the Council if they would like to reduce all services. Distribution or manufacturing make more money overall, so the percentage of tax gross receipts is larger than the percentage of tax to cultivate. Distributed product is sold across the State, and she is paying taxes across the State.
Councilmember Palla stated there was no real information on how much revenue would be generated when the measure was adopted, but the Council wanted to ensure that City expenditures were recovered. He recommended that the proposal be approved and referred for review by the Finance, Administration and Police Subcommittee.
Councilmember Bagby agreed with Councilmember Palla and thinks that it is about volumes and economies of scale. The industries requested it after consultation across the business, and consideration of other jurisdictions’ reduction in tax should be considered.
MOTION
Councilmember Bagby moved to adopt the Resolution and direct staff to conduct an annual review.
City Attorney Sanchez presented an amendment to the resolution to include all of the potential businesses, e.g. a business license for lab testing.
Mayor Lands asked the chief for the cost for inspections. Chief Ferguson stated they have not performed many inspections, although they have participated, and he would have to return with this information. In response to Councilmember Wolter, City Manager Kelley stated there is an annual permit fee that covers inspection and audits. With Council’s support, the City reduced the annual fee by half by reducing the number of audits performed.
Shawn Bovee stated he was not informed about this. He does not support a reduction in tax, and Erin Gore does not represent him. He takes issue with not giving more money to the Police Department. In response to Councilmember Palla, Mr. Bovee stated he is not affected by the proposal because his customers pay the tax.
In response to Councilmember Bagby’s question regarding personal attacks directed at Councilmembers, City Attorney Sanchez stated that the Mayor as Chair may ask the public to address their questions to him instead of directly to Councilmembers Councilmember Palla proposed that post adoption, all licensees be convened to review the tax annually for needed adjustments. He was concerned by Erin Gore’s comments at the last meeting that the program is not always enforced or complied with.
Mayor Lands stated he could not support the motion without more information.
The City Council took a five minute recess and reconvened at 7:26 p.m.
City Attorney Sanchez read the proposed amendments to the resolution into the record. The resolution title would read “A Resolution of the City Council of the City of Cloverdale approving 21 modification of the previously established cannabis tax rate of 4.5% of gross receipts of all engaged in cannabis business in the City of Cloverdale to a tiered tax rate of 3% for cultivation, 1% for manufacturing, 1% for distribution, 3.5% for retail, 3.5% for delivery, and a tiered rate for microbusinesses at the Cannabis Tax rate applicable for each component of business activity and 1% for all other commercial cannabis businesses.” Section 2 would include a line for delivery of
3.5%, and another line for other cannabis businesses allowed under Chapter 3.46 of the Cloverdale Municipal Code would be 1% to cover testing and other low impact businesses.
Councilmember Bagby moved the resolution as amended, seconded by Councilmember Palla. The motion passed.
AYES: (3) Councilmembers Bagby and Palla, Vice Mayor Wolter NOES: (1) Mayor Lands
ABSENT: (1) Councilmember Cruz
ABSTAINED: (0)
Councilmember Palla requested that this item be placed as a permanent agenda item on a Subcommittee agenda and reviewed annually. City Manager stated it would be scheduled for the Finance Administration and Police Subcommittee. Mayor Lands would like the Subcommittee to meet with anyone involved with the cannabis companies.
G.3 Agreement with R3 Consulting Group Inc. to conduct a Special Rate Review of Recology’s Rate Adjustment Application and a Performance Review of the Franchise Agreement Between the City and Recology
City Manager Kelley stated that staff is recommending adopting the resolution to approve an agreement with RC Consulting Group Inc. Some additional items will return to Council for action. It is important to conduct a performance review because the proposal includes significant rate increases. He introduced Carrie Baxter, R3 Project Manager who presented a report and answered questions.
Councilmember Palla would like the contractor to consider expanding from two to either three or four community clean ups and replace cans as necessary. In response to Councilmember Palla, Celia Furber , Recology Sonoma Marin, stated that they are coordinated with the PG&E care program for seniors qualifying for a discount.
There were no public comments.
Councilmember Palla moved to introduce Resolution 30-2022 entitled “A Resolution of the City Council of the City of Cloverdale approving an agreement with R3 Consulting Group, Inc. to Conduct a Special Rate Review of Recology’s Rate Adjustment Application and a Performance Review of the Franchise Agreement Between the City and Recology for Regulatory Compliance and Operational Performance, authorizing the City Manager to execute a Professional Services Agreement with R3 Consulting Group, Inc. The motion was seconded by Councilmember Bagby and passed.
AYES: (4) Councilmembers Bagby and Palla, Vice Mayor Wolter, Mayor Lands NOES: (0)
ABSENT: (1) Councilmember Cruz
ABSTAINED: (0)
22 H. SUBCOMMITTEE ITEMS:
Finance, Administration & Police
Next Meeting - Monday, April 4, 2022 at 1:30 pm
Planning & Sustainability
Next Meeting - Tuesday, April 19, 2022 at 1:30 pm
Public Works & Facilities
Next Meeting - Tuesday, April 26, 2022 at 1:30 pm. C
Joint City/Cloverdale Fire District
Next Meeting - Monday, June 13, 2022 at 5:30 pm
Joint City/Cloverdale Unified School District
Next Meeting - Monday, March 21, 2022 (cancelled due to spring break) at 4:30 pm Homelessness Community Advisory Group
Next Meeting - Tuesday, April 12, 2022 at 5:00 pm
I. SUBCOMMITTEE REPORTS: None
4 J. COUNCIL REPORTS: None
K. INFORMATIONAL REPORTS:None
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:
City Manager Kelley referred to a straightforward funding bill t to support or provide local assistance to cities for implementation of SB1383. If no objections, the City Manager stated he will provide this newly requested letter of support.
In June of last year, former Mayor Cruz signed a letter of support for the Smart Rail extension which came up short, and he would sign a letter of support if there are no Council concerns.
M. CITY MANAGER/CITY ATTORNEY REPORT(S):
The City Manager and City Attorney provided reports. Councilmember Bagby expressed concern the the Mayor and Council Association would not include teleconference attendance. She will seek to have the meetings recorded for later viewing for those who cannot attend.
City Manager Kelley announced that the City was awarded a grant for just over $3 million for water infrastructure improvements. Councilmembers expressed their appreciation for this effort.
N. STATUS UPDATE ON CURRENT IMPACTS TO WATER SUPPLY: (Verbal report) City Manager Kelley referred to communication from State water board to prepare for more water impacts due to ngoing dry conditions. They plan to bring to Council the second meeting in April for Council’s consideration on a voluntary agreement encouraging conservation instead of curtailment.
STATUS UPDATE ON CURRENT EMERGENCY: No reports.
O. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:
P. Mayor Lands discussed the need for a code of conduct for City Council meetings. Mayor Lands and Councilmembers Palla and Wolter expressed the need for grant writers and the possibility of using 23 consultants’ expertise to assist. This will be discussed by the Finance, Administration and Police Subcommittee
Q. ADJOURNMENT: Mayor Lands adjourned the meeting at 8:30 p.m. 5 6
24 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
D.2
April 13, 2022
Agenda Section:
Consent
Staff Contact:
Jose M. Sanchez, City Attorney
Agenda Item Title:
A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361
________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City of Cloverdale in Compliance with Assembly Bill 361. ________________________________________________________________________________________ Background:
All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that legislative bodies make specified findings. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. AB 361 allows a local agency legislative body to hold a meeting utilizing teleconferencing without complying with the standard teleconferencing requirements if the Governor has proclaimed a State of Emergency and if the local Public Health Officer recommends social distancing measures to protect the public’s health and safety during local government meetings. These conditions currently exist.
________________________________________________________________________________________ Summary:
Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic, which is still in effect. In addition, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.
The attached Resolution makes the findings to confirm the current conditions to allow continued teleconference meetings pursuant to AB 361 for the City Council and other legislative bodies of the City. The 25 City Council
April 13, 2022
Item No. D.1
attached Resolution will become effective upon adoption. This will allow members of the public to safely observe and participate in local government meetings during the continued pandemic.
If a meeting is held via teleconference under AB 361, the following requirements apply:
1. Notices and agenda requirements remain the same under the Brown Act;
2. No physical location is required for public attendance or public comment. However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;
3. Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;
4. If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;
5. Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;
6. If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and
7. When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.
In order to continue to hold remote meetings, the City Council may declare every 30 days that they have reconsidered the state of emergency conditions and either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) state or local officials continue to impose or recommend measures to promote social distancing. The City Council may also readopt their original findings under AB 361 to hold remote teleconference meetings if more than 30 days have passed. ________________________________________________________________________________________ Alternative Options:
1. Do not adopt the resolution authorizing continued remote meetings. ________________________________________________________________________________________ Subcommittee Recommendation:
N/A
________________________________________________________________________________________ Budget/Financial Impact:
Continued remote access to City Council meetings will continue current additional expenses. ________________________________________________________________________________________ 26 City Council
April 13, 2022
Item No. D.1
Attachments:
1. Resolution
5088149.1
27 RESOLUTION NO. 034-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY IN COMPLIANCE WITH ASSEMBLY BILL 361 WHEREAS, the City of Cloverdale (the “City”) is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and
WHEREAS, the Ralph M. Brown Act makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of the novel coronavirus disease (“COVID-19”); and
WHEREAS, on March 18, 2020, the City Council adopted Resolution Number 032-2020, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, repealed the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and 28 WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City may make certain findings within thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the State of Emergency declared by the Governor pursuant to Government Code section 8625, and state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the State of Emergency declared by the Governor pursuant to Government Code section 8625 continues to be in effect; and
WHEREAS, State and local health officials continue to impose and recommend social distancing measures for the protection of public health and safety in response to COVID-19; and WHEREAS, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and
WHEREAS, the City Council, acting for itself and for the benefit of all of the City’s commissions, committees, and other bodies (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that the Legislative Bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2) as a consequence of the ongoing state of emergency and the continued social distancing measures recommended by local officials.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLOVERDALE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Current Conditions Authorize Teleconference Public Meetings of the Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and the Sonoma County Public Health Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions exist pursuant to Government Code sections 54953(e)(1) and 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
29 Section 3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution No. ___-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at a regular meeting held on the 13th day of April, 2022 by the following roll call vote:
AYES: (_)
NOES: (_)
ABSTAIN:(_)
ABSENT: (_)
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Lori Frontella, Interim City Clerk
5088133.1
30 City Council/Successor Agency
Agenda Item Summary
Agenda Item:
Meeting Date:
D.3
April 13, 2022
Agenda Section
Consent
Staff Contact
David Kelley, City Manager
Agenda Item Title
Consideration of Resolution No. XXX-2022 authorizing the destruction of certain records as incorporated as Exhibit “A” of the resolution which is authorized by the City’s official record retention schedule adopted in September 2006.
Summary
In September 2006 the City Council adopted the “Local Government Records Management Guidelines” as the City’s official record retention schedule. These are the state guidelines for records retention. They are amended from time to time by the State which is governed by the provisions of California Government Code Section 34090 et seq. The attorney general defines a record as any writing or recording of an event or information which is kept in the custody of a public officer, either because a law requires it to be kept or because it is necessary or convenient to the discharge of the public officer’s duties and was made or retained for the purpose of preserving its information content for future reference. Destruction of records is prohibited unless in compliance with the government code. As you know some records must be retained indefinitely such as: records affecting title to real property, those required to be kept by the state, court records and the minutes, ordinances, and resolutions of any city legislative body. Other records must be retained for a minimum of two years. It should also be noted that there are also records retention requirements found in various sections of California statutory law.
The records listed in Exhibit A which is a part of Resolution have been collected and reviewed by City Staff.
Final review was done by City Manager, David Kelley, Assistant City Manager, Kevin Thompson, Finance Manager, Susan Holmes, and City Attorney, Jose Sanchez. Staff and the City Attorney have reviewed the records and found them to be eligible for destruction in keeping with the City’s official records retention schedule, otherwise known as the Local Government Records Management Guidelines.
Options
Approve Resolution as presented or amended; direct staff to return with other action; or take no action.
Budget/Financial Impact
There is no direct financial impact to approving the resolution . The only cost if the actual cost of destruction.
Subcommittee Recommendation
N/A
Recommended Council Action
Consider approval of Resolution
Attachments:
1. Resolution No. XXX-2022
2. Exhibit A and list of documents for approved request for destruction 31 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. 0XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS APPROVED BY THE CITY’S RECORD
RETENTION SCHEDULE AND AUTHORIZES CITY STAFF TO DESTROY SAID RECORDS LISTED AS EXHIBIT “A” AND INCORPORATED HERETO
WHEREAS, City Council, by Resolution No. 074-2006 adopted a records retention schedule in accordance with the state’s record retention schedule and established the procedure for the destruction of records.
WHEREAS, the records designated for destruction have been reviewed and approved by the City Manager/City Clerk/City Attorney for destruction; and
WHEREAS, City Manager David Kelley, Assistant City Manager, Kevin Thomson, Finance Director, Susan Holmes and City Attorney, Jose Sanchez have reviewed the attached list of records and find that they can be destroyed pursuant to the established Records Retention Schedule and are in compliance with Section 34090 of the California Government Code.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cloverdale does hereby authorize the destruction of the records reflected and attached and incorporated hereto, on the attached Exhibits “A” and directs City Staff to make the arrangements for the actual destruction thereof.
It is hereby certified that the foregoing Resolution No. XXX-2022 was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on this 13th day of April 2022, by the following roll call vote:
Ayes:
Noes:
Absent:
Abstain:
Approved: Attested:
__________________________ __________________________
Mayor Todd Lands Lori Frontella, Interim City Clerk
32 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
978 Finance Accounting Dog License Dog License 2011 2011 2 1/1/2014 1039 Finance Accounting Copy
ABAG Power Windup Agreement
Resol 34-2004 (copy); Fund
Allocation; Final Distribution 2005 2005 2 1/1/2008
1039 Finance Accounting Copy
Agreement - Cloverdale Land
Partners II (Development)Building
Permit; Revised Development
Agreement w/ Cloverdale Land
Partners Del Webb 1997 (copy) 1997 1997 2 1/1/2000
1039 Finance Accounting Copy
Agreement - IBM Software
Support; sample IBM agreement
2004 (copy) 2004 2004 2 1/1/2007
1039 Finance Accounting Copy
Agreement - Reimbursement:
Cherry Creek Meadows 2002;
(copy) 2002 2002 2 1/1/2005
1039 Finance Accounting Copy
Agreement - Reimbursement:
Citrus Gardens; Check Request
w/ backup Burbank Housing 2004,
2005 (copy); Ltr and Agreement
Citrus Gardens Water & Storm
Drain 1999, 2000 1999 2005 2 1/1/2008
1039 Finance Accounting Copy
Agreement - Reimbursement:
Louisiana Pacific 1999; Check
Request w/backup 2005 (copy) 1999 2005 2 1/1/2008
1039 Finance Accounting Copy
Agreement - Reimbursement:
Reuser; 1999 (copy) 1999 1999 2 1/1/2002
1039 Finance Accounting Copy
Agreement Comcast Franchise
(copy) 2004 2004 2004 2 1/1/2007
1039 Finance Accounting Copy
Annual Engineer's Report -
Landscaping & Lighting
Assessment Dist 2003, 2005
(Copy) 2003 2005 2 1/1/2008
1039 Finance Accounting Copy
Audit CDA FY 1999-2000; State
Controllers Report for CDA/HCD;
Signed & Unsigned copies State
Controller Report for CDA; Memo
Auditors comments 1999 2000 2 1/1/2003
1 of 17
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Exhibit "A" to Resolution XX-2022
33 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1039 Finance Accounting Copy
Audit Proposal Evaluation FY
2004 - 2005 (Copy) 2004 2005 2 1/1/2008
1039 Finance Accounting Copy
Audited Financial Statements FY
2002 - 2003; State Controllers
Reports; CDA State Controllers
Report; City & RDA 2001-2002;
CDA FY 2000-2001 (Copy) 2000 2003 2 1/1/2006
1039 Finance Accounting Correspondence
Ltr to SCO Division of Accounting
& Reporting re: unsigned Audit
Report 2005 2005 2005 CU + 2 1/1/2008
1039 Finance Accounting Draft
Audited Financial Statements FY
2001 -2002 Draft 2001 2002 2 1/1/2005
1039 Finance Purchasing Bids, RFQ's, RFP's
Request for Proposal - Auditing
Services 2005 2005 2005 AU + 4 1/1/2011
1045 Finance Accounting Correspondence
Transit; Correspondence 1996 -
1997 1996 1997 2 1/1/2000
1045 Finance Accounting Correspondence
Utility Users Tax Correspondence;
1999 - 2008 2008 2008 2 1/1/2011
1045 Finance Accounting Reference Material
Water Conservation; Reference
Material 2000 2000 2000 2 1/1/2003
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
1998 1998 1998 AU + 4 1/1/2004
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
1999 1999 1999 AU + 4 1/1/2005
2 of 17
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34 REQUEST TO DESTROY
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Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2000 2000 2000 AU + 4 1/1/2006
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2001 2001 AU + 4 1/1/2007
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2002 2002 AU + 4 1/1/2008
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2004 2004 AU + 4 1/1/2010
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2005 2005 AU + 4 1/1/2011
3 of 17
2/23/2022
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35 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2006 2006 AU + 4 1/1/2012
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2007 2007 AU + 4 1/1/2013
1045 Finance Accounting
Report: Federal and
State Tax
Statement of Indebtedness - CRA
2008 2008 AU + 4 1/1/2014
1045 Finance Accounting
Report: Federal and
State Tax
Transient Occupancy Tax Report
2002 -2005 2005 1/1/2011
1045 Finance Accounting Reports
State Reimbursement -
Underground Storage Tank
Cleanup 1999 - 2001 1999 2001 1/1/2007
1045 Finance Accounting Reports
US Equal Employment
Opportunity Comm - State & Local
Govt Info Report (EEO-4) 2007 2007 2007 1/1/2013
1045 Finance Accounting Reports
Utility Users Tax Refund; 2003 -
2004 2003 2004 1/1/2014
1132 Administration Grants
Federal and State
Tax
Airport Pavement Improvement
Project 1994; Proposal; State
Grant Agreement; Contract
Agreement American Asphalt;
Notice of Completion; Bid Award
Includes Maintenance
Bond, 1994 1994 CL + 5 12/31/1999
4 of 17
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36 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1132 Administration Legal / Legislative Contracts and Agreem Clark Street Park Agreement;
Tarman Tract 2005
Includes
correspondence re:
Easement 1998 2005 T + 5 12/31/2010
1132 Administration Legal / Legislative Contracts and Agreem PSA County of Sonoma and
Cloverdale for River Park ,
Maintenance Agreements
2000 -
2008 T + 5 12/31/2013
1132 Administration Municipal Clerk
Public Records
Request Utility Users Tax; Eric Danly 2002 CL + 2 6/26/2005 1132 Development Planning Correspondence
Correspondence from Citizens re:
Urban growth 2003 CU + 2 12/31/2005
1132 Finance
Administrative
Services Correspondence
Correspondence re: various
employee verifications
2001 -
2004 CU + 2 12/31/2006
1132 Finance Treasurer Bank Statements
Deferred Compensation ICMA
Quarterly Financial report for 457
Compensation Plan
1990 -
2000 AU + 2 12/31/2003
1132 Public Works Water Reports / Studies
Rate Studies - Black & Veatch FY
2002-2003; Water & Sewer Rate
Study & Impact Fee Review Oct
2003, Sewer Utility Procedures
Manual for Financial Planning &
Rate Design Model Jan 2004;
Water Rate Survey 2004, 2005 2003 CL + 2 12/31/2014
1132 Public Works Water Reports / Studies
Report: Water and Wasterwater
Rate Study for City of Cloverdale
by Black & Veatch March 2000 2000 CL + 2 12/31/2014
1240 Finance Accounting Bank Reconcilation
Bank Statements and
Reconciliations 2014 - 2015 2014 2015 AU + 5 2/24/2021
1240 Finance Accounting Bank Reconcilation
Bank Statements and
Reconciliations 2014 - 2015 2014 2015 AU + 5 2/24/2021
1240 Finance Purchasing
Requisitions:
Purchase Orders Purchase Orders 2015 - 2016 2015 2016 AU + 4 1/25/2021 5 of 17
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Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1240 Finance Purchasing
Requisitions:
Purchase Orders
Purchase Orders proof lists 2015 -
2016 2015 2016 AU + 4 1/25/2021
1339 Finance Payroll
Employee Time
Sheets
Payroll Time Sheets Jul - Dec
2014 2014 2014 AU + 6 12/31/2021
1403 Finance Accounting Accounts Receivable
MARS Posting Reports, FY 2015 -
2016 2015 2016 AU + 4 1/25/2021
1406 Finance Payroll
Employee Time
Sheets
Payroll Time Sheets Jan - Dec
2015 2015 2015 AU + 6 2/24/2022
1407 Finance Payroll
Employee Time
Sheets
Payroll Time Sheets Jan - Dec
2015 FY 2014 - 2015 2014 2015 AU + 6 2/24/2022
1416 Administration Legal / Legislative Case Records
California State Board of
Equalization, Appeals Division;
Case ID's 606763, 606835, 2012 Local Tax in dispute 1988 2014 CL + 7 12/31/2021 1416 Finance Accounting Accounts Receivable
Sales Tax Analysis and Reporting
Service 2016
Prepared by
MuniServices 2016 2016 AU + 4 1/25/2021
1416 Finance Accounting Accounts Receivable
Sales Tax Cloverdale Economic
Review and forecast 2016
Prepared by
MuniServices 2016 2016 AU + 4 1/25/2021
1416 Finance Accounting Accounts Receivable Sales Tax Digest summary 2016 Prepared by
MuniServices 2016 2016 AU + 4 1/25/2021
1416 Transportation Administration Agreement
Rau, Lawrence, Ground Lease
Agreement, 2012 - 2017 Private Hangar # 16 2012 2017 T + 4 12/31/2021 1436 Finance Accounting Accounts Payable
Accounts Payable Payroll Liability
Payments, GL Distribution
Reports FY 2015 - 2016 2015 2016 AU + 4 1/25/2021
1439 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
Closed PO's Rollover PO's; AP AMisc to Ascent Aviation FY 2015 - 2016 2015 2016 AU + 4 1/25/2021 6 of 17
2/23/2022
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38 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1440 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
AT & T FY 2015 - 2016 2015 2016 AU + 4 1/25/2021
1441 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
Audrey Knight - Bank of NY
Mellon Trust FY 2015 - 2016 2015 2016 AU + 4 1/25/2021
1442 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
Bartley Pump - City of Cloverdale
Utility FY 2015 - 2016 2015 2016 AU + 4 1/25/2021
1443 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
City of Healdsburg - Dogfather K9
Connections FY 2015 - 2016 2015 2016 AU + 4 1/25/2021
1444 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
Duran Grading - Muni Services FY 2015 - 2016 2015 2016 AU + 4 1/25/2021 1445 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
N - Misc - QT Petromeum & R
Misc - Springbrook FY 2015 - 2016 2015 2016 AU + 4 1/25/2021 1446 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
Office Depot & PGE (only) FY 2015 - 2016 2015 2016 AU + 4 1/25/2021 1447 Finance Accounting Accounts Payable
Accounts Payable FY 2015-2016;
Sprint - Carol Stream - Xerox Corp
Pasadena FY 2015 - 2016 2015 2016 AU + 4 1/25/2021
1448 Finance Accounting Accounts Receivable Cash Receipts Jan - Jun 2016 FY 2015 - 2016 2015 2016 AU + 4 1/25/2021 1449 Finance Accounting Accounts Receivable Cash Receipts Jul - Dec 2015 FY 2015 - 2016 2015 2016 AU + 4 1/25/2021 1450 Administration Elections
Nomination Papers,
Unsuccessful
Unsuccessful nomination papers,
Forms 470, 501,700, 460, 2018
Michael Nixon, Joe
Palla, Michele
Winterbottom, Jon
Lambert, Shawn
Bovee 2018 2018 E + 2 1/1/2021
7 of 17
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39 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1450 Administration Elections
Nomination Papers:
Successful
November 2014 Election,
Successful candidate,
Includes all candidate
information,
Nomination Papers,
Candidate's
Statement, Campaign
Statements 2016 2016 E + 4 1/1/2021
1450 Administration Elections
Nomination Papers:
Successful
November 2016 Election,
Successful candidate, Mary Ann
Brigham
Includes all candidate
information,
Nomination Papers,
Candidate's
Statement, Campaign
Statements 2016 2016 E + 4 1/1/2021
1450 Administration Elections
Nomination Papers:
Successful
November 2016 Election,
Successful candidate, Melanie
Bagby
Includes all candidate
information,
Nomination Papers,
Candidate's
Statement, Campaign
Statements 2016 2016 E + 4 1/1/2021
1450 Administration Elections
Notifications and
Publications Proof of Publication, election 2016 2016 2016 E + 2 1/1/2021 8 of 17
2/23/2022
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40 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1450 Administration Elections
Notifications and
Publications
Statement of Accuracy submitted
to County of Sonoma Registrar of
Voters, 2016 2016 2016 E + 2 1/1/2021
1450 Administration Elections Oaths of Office City Officials 2010 2010 2014 T + 6 1/1/2021 1450 Administration Grants Financial Records
CalTrans, billings, various
projects, 2013 - 2014
Cloverdale Blvd, Safe
Routes to School 2013 2014 CL + 5 1/1/2021
1450 Administration Legal / Legislative Agendas
Economic Development
Commission, agendas, 1994 -
2001 1994 2001 CU + 2 1/1/2021
9 of 17
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41 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1450 Administration Legal / Legislative Agendas
Planning Commission Agenda,
2018 2018 2018 CU + 2 1/1/2021
1450 Administration Legal / Legislative Notices, Meeting Proof of Publication public
hearing, 2016 2016 2016 CU + 2 1/1/2021
1462 Administration Legal / Legislative Agendas City Council Agendas, 2018 2018 2018 CU + 2 1/1/2021 1475 Finance Accounting Accounts Receivable
Cash Receipts Jul 2016 - Jun
2017 FY 2016 - 2017 2016 2017 AU + 4 2/14/2022
1480 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; A Misc - Alpha Analytical 2016 2017 AU + 4 2/14/2022 1481 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; American Linen - AT&T 2016 2017 AU + 4 2/14/2022
1482 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; B Misc - Brelje & Race 2016 2017 AU + 4 2/14/2022 1483 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; C Misc - Clentente, Mark 2016 2017 AU + 4 2/14/2022 1484 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; Cloverdale Misc - Exchange
Bank 2016 2017 AU + 4 2/14/2022
10 of 17
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42 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1485 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; F Misc - Muniservices 2016 2017 AU + 4 2/14/2022
1486 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; N Misc - PG&E 2016 2017 AU + 4 2/14/2022
1487 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; Pacfic Telecomm -
Sonic.net 2016 2017 AU + 4 2/14/2022
1488 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; So Co Misc - Tufts 2016 2017 AU + 4 2/14/2022
1489 Finance Accounting Accounts Payable
Accounts Payable FY 2016 -
2017; U Misc - Y Misc 2016 2017 AU + 4 2/14/2022
1492 Administration Legal / Legislative Agendas
City Council Agendas July - Dec
2019 2008 CU + 2 1/1/2022
11 of 17
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43 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1493 Administration Legal / Legislative Agendas
City Council Agendas Jan - June
2019 2008 CU + 2 1/1/2022
1494 Administration Legal / Legislative Agendas
Subcommittee and Planning
Agendas - 2019 2008 CU + 2 1/1/2022
1515 Administration
Information
Services
Tapes Information
Systems Springbrook Conversion Backup 2016 2016 CU + 2 1/1/2019 1516 Administration General Subject Special Projects Water Protest Letters, Prop 218 Box 1 of 2 2016 2016 CU + 2 1/1/2019 1517 Administration General Subject Special Projects Water Protest Letters, Prop 218 Box 2 of 2 2016 2016 CU + 2 1/1/2019 1518 Finance Accounting Billing Records
Business License, Pen, Adjs,
P.O,, Change Orders, UB Closes,
rollovers 2017 2018 AU + 2 3/28/2021
1520 Finance Accounting Billing Records
UB Adj, Debits, Bills, Shut offs,
Refunds FY 2017 - 2018 2017 2018 AU + 2 3/28/2021
12 of 17
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44 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1522 Administration General Subject Special Projects
Cloverdale Rancheria Gaming
Facility AKA Casino
Environmental
Assessment prepared
by AES Analytical
Environmental
Services 2002 2010 CU + 2 1/1/2013
1522 Administration General Subject Special Projects
Cloverdale Rancheria Gaming
Facility AKA Casino
Various
Correspondence 2008 2008 2008 CU + 2 1/1/2013
1522 Administration General Subject Special Projects
Cloverdale Rancheria Gaming
Facility AKA Casino
Various
Correspondence 2009 -
2010 2009 2010 CU + 2 1/1/2013
1522 Administration General Subject Special Projects
Cloverdale Rancheria Gaming
Facility AKA Casino
Scoping Report 2008,
prepared by United
States Bureau of
Indian Affairs 2008 2008 CU + 2 1/1/2013
1522 Administration General Subject Special Projects
Cloverdale Rancheria Gaming
Facility AKA Casino
Legal Correspondence
2008 2007 2008 CU + 2 1/1/2013
1536 Administration General Subject Special Projects Goal Setting, City Council 2017 Notes and Results 1-Mar-17 1-Apr-17 2-Jan-00 2-Apr-19 1536 Administration Legal / Legislative Contracts & Agreemen Facility Maintence 1-Mar-11 28-Feb-14 T + 5 1-Mar-19 1536 Administration Legal / Legislative Contracts & Agreemen Brelje & Race Consulting
Engineers 2013
Professional Services
Agreement. Providing
design services for the
Deaeration Project.
Includes Amendments
1, 2, 3 12-Jun-13 31-Dec-15 T + 5 12/16/2020
1536 Administration Legal / Legislative Contracts & Agreemen Carmen Myers' Consulting 2013 Consulting services for
Spanish Translation
and Interpretation 1-Nov-13 30-Jun-14 T + 5 7/1/2019
1536 Administration Legal / Legislative Contracts & Agreemen Clover Alarm Senior Center Alarm Monitoring
Service Provided by
Superior Alarm
systems for City Hall,
Corp Yard, Police
Dept. 14-Nov-01 31-Dec-16 T + 5 1/1/2022
13 of 17
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45 REQUEST TO DESTROY
March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1536 Administration Legal / Legislative Contracts & Agreemen Curves Parking Agreement Vicki
& Rob Thiessen
Parking Ageement
with Vicki & Rob
Thiessen for off-street
parking at 115 E
Second St 7-Aug-02 1-Feb-14 T + 5 2/1/2019
1536 Administration Legal / Legislative Contracts & Agreemen Eric's Performance 2010 Professional Services
Agreement for vehicle
maintenance of city
owned vehicles and
first amendment to
extend term, second
amendment 4-Jan-10 31-Dec-11 T + 5 1/1/2016
1536 Administration Legal / Legislative Contracts & Agreemen Franchise Tax Board & City of
Cloverdale Local Government
sharing 2004 - 2005
Copy Standard
Agreement with
Franchise Tax Board;
Copy Cloverdale Resol
30-2004 1-Jan-04 31-Jan-05 N/A 2/1/2011
1536 Administration Legal / Legislative Contracts & Agreemen Healdsburg, City of 2013 JPA for Human
Resource Service 12-Jun-13 30-Aug-15 T + 5 9/1/2020
1536 Administration Legal / Legislative Contracts & Agreemen Jerry Haag, Tyris Alexander
Valley Resort 2005-2008
Agreement with Jerry
Haag, Urban Planner
for Specific Plan,
Annexation & EIR 2008; 2/27/08 30-Jun-09 T + 5 7/1/2014 1536 Administration Legal / Legislative Contracts & Agreemen Morrissey, Janice 2014 PSA Contracted
Services for Election
Support 14-Apr-14 31-Dec-14 T + 5 12/31/2019
1536 Administration Legal / Legislative Contracts & Agreemen PMC - 2014 PSA Contract planning
services 2014;
includes certificate of
liability insurance 23-Jun-14 31-Dec-14 T + 5 1/1/2020
1536 Administration Legal / Legislative Contracts & Agreemen PMC - 2014 PSA-Prepare the 2014-
2022 Housing Element
update in conformance
with State
requirements. 23-Oct-13 30-Apr-15 T+5 4/30/2020
1536 Administration Legal / Legislative Contracts & Agreemen Redwood Empire Disposal 2016 Reports /
Correspondence re:
disposal agreement;
AKA Ratto Group 1-Jan-16 31-Dec-16 2 12/31/2018
1536 Administration Legal / Legislative Contracts & Agreemen Redwood Empire Disposal 2017 Reports /
Correspondence re:
disposal agreement;
AKA Ratto Group 1-Jan-17 31-Dec-17 2-Jan-00 12/31/2019
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March 2022
Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1536 Administration Legal / Legislative Contracts & Agreemen RSG, Inc 2013 (Rosenow
Spevacek Group, Inc.)
PSA-Review & advise
on the preparation of
Recognized Obligation
Payment Schedules
(ROPS),
Administrative
Budgets, and Cash
Flows in support of the
City Finance Dept;
includes Amendments 12-Sep-13 30-Jun-14 T+5 6/30/2019
1536 Administration Legal / Legislative Contracts & Agreemen Sonoma County Family YMCA
Summer Swim Program PSA
2014
Professional Services
Agreement for the
2014 swim program
held at the Cloverdale
Pool 13-May-14 30-Sep-14 T + 5 9/30/2019
1536 Administration Legal / Legislative Contracts & Agreemen Sonoma County Library PSA 2004
- 2006
Landscape
maintenance and
related services;
Cloverdale Library 1-Mar-04 30-Jun-06 T+5 7/1/2011
1536 Administration Legal / Legislative Contracts & Agreemen TERRY E KRIEG, CPA 2012 FY 2012 AUDITING
SERVICES 6-Dec-12 22-Mar-13 T + 5 3/22/2018
1536 Administration Legal / Legislative Contracts & Agreemen Tesco Controls, Inc. 2014 Professional Service
Agreement to Modify
the existing water
treatment plant control
system to integrate the
new Well 11. 18-Sep-13 1-Jun-14 T + 5 7/1/2019
1536 Administration Legal / Legislative Contracts & Agreemen The Lew Edwards Group 2013 Provide budget &
revenue measure
planning
services; includes
amendments 26-Jun-13 31-Oct-14 T + 5 11/1/2019
1536 Administration Legal / Legislative Contracts & Agreemen W-Trans, Inc 2013 Professional Service
Agreement to prepare
plans for pedestrian
safety enhancements
at Cloverdale
Blvd/Healdsburg
Ave/South Street. 22-Nov-13 30-Jun-14 T + 5 1-Jul-19
15 of 17
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Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1536 Administration Legal / Legislative Contracts & Agreemen W-Trans, Inc 2013 Professional Services
Agreement a
pedestrian safety
study for the section of
Cloverdale Blvd
between Citrus Fair
Drive and South
Franklin Street 14-Aug-13 30-Jun-14 T + 5 30-Jun-19
1536 Administration Legal / Legislative Contracts & Agreemen W-Trans, Inc 2014 Professional Service
Agreement to prepare
a preliminary
engineering report for
the OBAG SR2S
Phase 2 Project 13-Nov-13 31-Dec-14 T+5 31-Dec-19
1536 Development Code Enforcement Case Files Code Enforcement Code Enforcement
case - Closed 2017 9-Jul-05 9-Jul-05 CL + 2 1-Jan-20
1544 Administration Grants Federal and State Tax
CalRecycle - California
Department of Resources
Recycling and Recovery 2013
Tire Derived Products
Grants 1-Apr-13 1-Apr-15 CL + 5 2-Apr-20
1544 Administration Legal / Legislative Contracts and Agreem County of Sonoma Abandoned
Vehicle Abatement Services
Vehicle Abatement
Service Authority
1994; Correspondence 24-Aug-94 30-Apr-15 T + 5 5/1/2020 1544 Administration Legal / Legislative Contracts and Agreem County of Sonoma PRMD Permit
& Resource Management Dept -
2014
MOU Greenhouse Gas
Reduction Program /
Strategic Growth
Council SGC 8-Mar-13 7-Apr-16 T + 5 4/7/2021
1544 Administration Legal / Legislative Contracts and Agreem eCivis Inc 2013 Grants Network
Master License and
Service Agreement 1-Jul-13 30-Jun-16 T + 5 7/1/2021
1544 Administration Legal / Legislative Contracts and Agreem Redwood Empire Disposal 2007 -
2015
Agreement to consent
to assignment for
garbage and rubbish
disposal; AKA Ratto
Group 31-Dec-07 1-Jun-15 T + 5 6/2/2020
1544 Administration Risk Management Claims, Damage
Bleuel, Denise and Warnock,
James 2016
Wrongful death of
Quoyah Carson Tehee 10-Dec-15 28-Jun-16 CL + 5 29-Jun-21 1544 Administration Risk Management Claims, Damage
Contrera, Silvia and Federico
2015
Wrongful death of
Angelica Contreras 2-Dec-15 12-Jan-16 CL + 5 13-Jan-21
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Log # Department Division Record Series File Name / File Contents File Details Date End
Date
Total
Retention
Period
Eligible to be
Destroyed
1544 Administration Risk Management Claims, Damage
Dorsett & Associates LLC, AKA
Dorsett, Lisa - Claim for
Damages 2015
Sewer main and pipe
breakage and
blockage at 415 N.
Cloverdale Blvd 30-Apr-15 22-Jul-15 CL + 5 23-Jul-00
1544 Administration Risk Management Claims, Damage Greenhaigh, Michael Falling Tree, damage 14-Dec-16 15-Dec-16 CL + 5 16-Dec-21 1544 Administration Risk Management Claims, Damage
Joly', Bella Claim for Damages
2015
Trip and Fall on City
sidewalk at 491 S.
Franklin St. 11-Feb-15 22-Jul-15 CL + 5 23-Jul-00
1544 Administration Risk Management Claims, Damage
Seamons, Rogan and Malinda
2014
Claim for flood
damages at 224
Rockydale Ln,
includes documents
from 2003 11-Dec-14 14-Jan-15 CL + 5 15-Jan-00
1544 Administration Risk Management Claims, Damage
Seydel Karen Damage Claim
2011
Seydel Karen 401
Lovers Ln Damage
Claim 2011 3-Feb-11 30-Jun-11 CL + 5 1-Jul-16
1544 Administration Risk Management Claims, Damage
Shalagin Enterprises - Serge &
Alla Shalagin, 2014
Claim for flood
damages at 116 A,B
Railroad Av. 11-Dec-14 31-Dec-15 CL + 5 31-Dec-20
1544 Administration Risk Management Claims, Damage Shields, Donald E - Wanda 2015 Claim for wrong death
of Wanda L. Shields -
Denied 15-Jun-15 24-Jun-15 CL + 5 24-Jun-20
1544 Administration Risk Management Claims, Damage Shields, Roger 2015 Claim for wrong death
of Wanda L. Shields -
Denied 23-Dec-15 6-Jan-16 CL + 5 6-Jan-21
1544 Public Works Sanitation / Solid Wa Reports/Studies County of Sonoma, Closed
Disposal Site Inspection Report
2019
Asti Road Landfill at
Santana Dr 2-Jan-19 2-Jan-19 CL + 2 3-Jan-21
17 of 17
2/23/2022
Prepared by M Lazio
49 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
D.4
April 13, 2022
Agenda Section:
Consent
Staff Contact:
David Kelley, City Manager
Agenda Item Title:
Funding Agreement with the Sonoma County Redwood Empire Food Bank ________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution titled, “A Resolution of the City Council of the City of Cloverdale approving a Funding Agreement with the Redwood Empire Food Bank in an amount not to exceed Forty Thousand Dollars ($40,000) and authorizing the City Manager to execute said agreement in a form approved by the City Attorney”.
________________________________________________________________________________________ Background:
The Redwood Empire Food Bank (REFB) is a Sonoma County based non-profit organization that partners with hunger relief organizations to provide a food safety net. REFB distributes food supplies through the region including Cloverdale and was instrumental during the public health shutdown associated with the COVID-19 pandemic in responding to food insecurity within the Community of Cloverdale. The response to food insecurity related to the pandemic required a significant response from REFB. REFB submitted a written request for funding assistance from the City of Cloverdale to address their need for additional funding. The City Council agreed to allocate funding in the amount of $40,000 in the fiscal year (fy) 2021-22 budget to provide funding assistance to Redwood Empire Food Bank for their existing mental health program Programs and for community collaboration work.
________________________________________________________________________________________ Summary:
The Redwood Empire Food Bank’s Funding request letter is attached. The funding request identifies the proposed use of funds will be utilized “to replenish a portion of the funds the Redwood Empire Food Bank expended in 2021 to support people of Cloverdale who were in need of food assistance as a result of the Coronavirus.”
During fy 2020-21, the Redwood Empire Food Bank provided more than $929,300 worth of groceries at a cost of $201,000 in Cloverdale. REFB provides food delivery to the following partner organizations that serve Cloverdale:
1. Cloverdale Senior Center
2. Cloverdale Food Pantry
3. Kings Valley Circle
4. St. Peter’s Cloverdale
Countywide, REFB provided $47.9 million worth of groceries, with an overall cost of $10.4 million.
The City Council considered the Redwood Empire Food Bank’s additional funding request during the discussions on allocation of one-time funding received pursuant to the American Rescue Plan Act (ARPA) on January 26, 2022. The City Council allocated $40,000 in General Funds to the Redwood Empire Food Bank based on the receipt of one-time funds through the ARPA. 50 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 13, 2022
The City Council is being requested to adopt a resolution approving a funding agreement with the Redwood Empire Food Bank. A copy of the Redwood Empire Food Bank’s funding request is attached. ________________________________________________________________________________________ Options:
1. Deny approval of Resolution authorizing the City Manager to execute agreement with the Redwood Empire Food Bank, or
2. Provide alternative direction to staff
________________________________________________________________________________________ Subcommittee Recommendation:
This funding request was discussed by the City Council during the review of the American Rescue Act Plan Funding allocation process.
________________________________________________________________________________________ Budget/Financial Impact:
The City Council allocated one-time funding in the amount of $40,000 to Redwood Empire Food Bank based on the allocation of American Rescue Plan Act Funds to the City in FY 2021-22. ________________________________________________________________________________________ Attachments:
1. Resolution
2. Redwood Empire Food Bank Funding Request
51 City of Cloverdale
City Council
Resolution No. 036–2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A FUNDING AGREEMENT
WITH THE REDWOOD EMPIRE FOOD BANK IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT IN A FORM
APPROVED BY THE CITY ATTORNEY
WHEREAS, the Redwood Empire Food Bank requested funding assistance from the City of Cloverdale; and WHEREAS, the City Council considered the Redwood Empire Food Bank’s additional funding request during the discussions on allocation of one-time funding received pursuant to the American Rescue Plan Act (ARPA) on January 26, 2022; and
WHEREAS, the City Council allocated $40,000 in the fy 2021-22 budget to provided funding assistance to the Redwood Empire Food Bank for Food Bank Programs and Community Services; and WHEREAS, the City Manager recommends including the Redwood Empire Food Bank funding request for Redwood Empire Food Bank programs attached hereto and incorporated herein as Exhibit “A” in a funding agreement; and
WHEREAS, the proposed funding agreement is for a not to exceed compensation amount of $40,000, which will be funded by the City’s General Fund.
NOW, THEREFORE, BE IT RESOLVED that the Cloverdale City Council approves a funding agreement with Redwood Empire Food Bank in an amount not to exceed Forty Thousand Dollars ($40,000) and authorizing the City Manager to execute said agreement in a form approved by the City Attorney.
The foregoing Resolution No. 0XX-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 13th day of April 2022 by the following roll call vote:
Ayes: Mayor and Mayor Bagby
Noes:
Absent:
Abstaining: e
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Lori Frontella, City Clerk
Exhibit A – Redwood Empire Food Bank Funding Request
52 3990 Brickway Blvd., Santa Rosa, CA 95403 | T: (707) 523-7900 | F: (707) 523-7901 | refb.org A Member of Feeding America
March 4, 2022
David J. Kelley, City Manager
City of Cloverdale
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Re: Funding for the Redwood Empire Food Bank
Dear Mr. Kelley,
This funding request comes in response to the decision of the Cloverdale City Council on January 26, 2022 to provide the Redwood Empire Food Bank with $40,000.
The funds will replenish a portion of the funds the Redwood Empire Food Bank expended in 2021 to support people of Cloverdale who were in need of food assistance as a result of the Coronavirus.
During the year, the Redwood Empire Food Bank provided more than $929,300 worth of groceries at a cost of $201,000. And countywide, we provided $47.9 million worth of groceries, with an overall cost of $10.4 million.
Looking toward the future, we are excited regarding the increased availability of COVID19 vaccines and the increased hopes of returning to work for some residents. Our excitement, however, is tempered by the recognition that there will be a long and slow economic recovery from the pandemic for many families.
During the pandemic, utility companies committed not to disconnect utilities for non-payment, but those bills are not forgiven. Californians, for example, owe California’s four utilities an estimated $1.25 billion. Similarly, California renters were protected from eviction related to non-payment of rent during the pandemic. It is reasonable to assume that Californians also owe many billions of dollars more in unpaid rent, mortgage, credit card, car payment, health care, and other COVIDrelated accumulated debt. It will take families many months, if not years, to dig themselves out of the financial hole caused by COVID-19.
Those most impacted by the pandemic have been within the hospitality, service, and tourism industries where workers were often working in jobs that did not pay a living wage pre pandemic. These include residents who will be among those most challenged to repay COVID 53 3990 Brickway Blvd., Santa Rosa, CA 95403 | T: (707) 523-7900 | F: (707) 523-7901 | refb.org A Member of Feeding America
related accumulated debt. All these families will require support during the financial recovery from the pandemic. And what we know is that when families have to choose between paying bills and food, they choose bills – leading to greater food insecurity and hunger.
Thank you for your partnership as we join together to stabilize vulnerable families in Cloverdale.
With gratitude,
David Goodman
Hunger Relief Worker & CEO
54 3990 Brickway Blvd., Santa Rosa, CA 95403 | T: (707) 523-7900 | F: (707) 523-7901 | refb.org A Member of Feeding America
55 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
D.5
April 13, 2022
Agenda Section:
Consent
Staff Contact:
Susie Holmes, Finance Director
Agenda Item Title:
General Fund Reserves Balances as of June 30, 2021
________________________________________________________________________________________ Recommended Council Action(s):
Receive the General Fund Reserves Balances as of June 30, 2021 by Account Type, for informational purposes.
________________________________________________________________________________________ Background:
The City Council voiced their interest in seeing the calculation of the General Fund Reserves by type. The City’s General Fund Reserves can be broken down into the following types:
• Non-spendable – these are typically inventories and capital assets • Restricted – Amounts that can be spent only for specific purposes as stipulated by constitution, external resource provider or through legislation.
• Committed – amounts that can be spent for specific purposes determined by a formal action of the City Council
• Assigned - are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed.
• Unassigned fund balance - is the residual classification for the government’s general fund and includes all spendable amount not contained in the other classifications. ________________________________________________________________________________________ Summary:
The City Council has a General Fund Surplus Policy which dictates how any surplus derived from the Annual Financial Audit should be dedicated and the priority order. Based on the criteria in the policy the first two steps were taken with the surplus of $1,121,185 from the 2020-21 Audit.
1. Emergency Reserve (Assigned) Surplus Policy states: 30% of any surplus up to $100,000 shall be set aside up to 8% of the annual general fund expenditures. a) 8% of budgeted annual General Fund expenditures = $762,138 b) Emergency Reserve balance prior to audit = $488,105
c) $100,000 is transferred to the Emergency Reserve
d) Current Emergency Reserve balance = $588,105
56 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 13, 2022
2. Contingency Reserve (Assigned) Surplus Policy states: any remaining general fund surplus shall first be used to maintain contingency up to 17%.
a) 17% of budgeted annual General Fund expenditures - $1,619,542 b) Contingency Reserve balance prior to audit = $1,501,218 c) $118,324 is transferred to the Contingency Reserve ($1,619,542-1,501,218) d) Current Contingency Reserve balance = $1,619,542
3. Equipment Replacement Reserve (Assigned) Surplus Policy states: any remaining in excess of the amounts stated above shall be equal to annual depreciation +5% a) Annual depreciation + 5% = $24,654
b) Equipment Replacement reserve balance prior to audit - $96,694 c) Current Equipment Replacement Reserve - $121,348
4. Police Vehicle Replacement Reserve (Assigned) Surplus Policy states: any remaining in excess of the amounts stated above shall be equal to annual depreciation +5% a) Annual depreciation + 5% = $47,278
b) Police Vehicle Replacement reserve balance prior to audit $189,108 c) Current Police Vehicle Replacement reserve - $236,386
5. Facility Replacement and Maintenance Reserves (Assigned) Surplus Policy states: any remaining in excess of the amounts stated above shall be equal to annual depreciation +5% a) Annual depreciation + 5% = $47,579
b) Facility Replacement and Maintenance Reserves prior to audit - $142,243 c) Current Facility Replacement and Maintenance reserve - $189,822
6. Compensated Absences Reserve (Assigned) Surplus Policy states: any remaining in excess of the amounts stated above shall be equal to 10% of non-current employee compensated absences payable until 50% is reached.
a) Non-current employee compensated absence payable as of 6/30/2021 - $263,125 b) 50% of non-current employee compensated absences - $131,563 c) Compensated Absences reserve balance as of 6/30/2021 $59,131. d) $26,313 is transferred to long-term compensated absences payable. e) Current Compensated Absences reserve balance - $85,444 57 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 13, 2022
The following chart describes the General Fund Reserve Balance by type, account name, and balance.
The total of all these accounts make up the General Fund Reserve Balance:
Estimated General Fund Balance @ June 30, 2021 Ending Bal 25300-000 Unassigned Unrestricted $ 2,363,776
25320-030 Assigned Emergency Reserve $ 588,105
25320-031 Assigned Contingency Reserve $ 1,619,542
25310-017 Assigned Equipment Replacement $ 121,348
25310-011 Assigned Vehicle Replacement (Patrol) $ 236,386 25310-012 Assigned Bldg Mtnce & Repairs $ 189,822
25310-013 Assigned Compensated Absences $ 85,444
25310-021 Committed Undergrounding $ 98,400
Total $ 5,302,823
________________________________________________________________________________________ Alternative Options:
None.
_______________________________________________________________________________________ Subcommittee Recommendation:
None.
________________________________________________________________________________________ Budget/Financial Impact:
None.
________________________________________________________________________________________ Attachments:
1. Reserve Policy
2. General Fund Surplus Policy
58 RESERVE POLICY
The purpose of this policy is to provide guidance on maintaining reasonable levels of reserves in the City’s General, Water, and Sewer Funds.
The General Fund Balance in the City’s financial statements is comprised of five categories:
Non-spendable Funds (non-cash items such as prepaid expenses and inventories) Restricted Funds (externally enforceable legal restrictions) Committed Funds (limitations imposed by the City Council) Assigned Funds (intended to provide a source of funds for various needs) Unassigned Funds (net resources in excess of what is classified in one of the other categories) This policy incorporates all previous City Council policies regarding General Fund reserves and the requirements of Governmental Accounting Standards Board (GASB) Statement No. 54. It will help guide current and future allocation levels to various reserve categories in the General Fund by setting out specific target amounts for the Committed and Assigned categories of the General Fund balance.
Committed Fund Balances
Emergency Reserve Fund: The City of Cloverdale shall maintain an Emergency Reserve Fund for any of the unforeseen and non-recurring events listed below that create significant financial difficulty for the City:
a. Sudden and unexpected significant facility or infrastructure failures that pose a safety risk to staff or the community;
b. Declaration of a State of Emergency by the Governor, or a local emergency declared by the City Council;
c. Unanticipated expenditures or reduction in revenues as a result of legislative changes from State/Federal governments in the current fiscal year;
d. Acts of Terrorism declared by the Governor or the President of the United States; e. Acts of Nature which are infrequent in occurrence;
f. Other catastrophic events which are infrequent in occurrence.
The target maximum reserve amount to be carried in the Emergency Reserve account shall be equal 8% of annual General Fund expenditures. For purposes of this section, expenditures shall include transfers out but not anticipated litigation expenses, reimbursed developer expenses or routine capital outlays which are all discretionary. Emergency Reserve Funds shall only be used upon approval of the City Council by a simple majority vote.
59 Contingency Reserve Fund: The City of Cloverdale shall maintain a Contingency Reserve Fund equal to 17% of expenditures in the General Fund. For purposes of this section, expenditures shall include transfers out but not anticipated litigation expenses, reimbursed developer expenses or routine capital outlays which are all discretionary. Reserves of 17% are considered by to be a good level at which to maintain the City's credit worthiness, based on widely used and accepted best practices. The purposed of these reserves is to provide for:
a. Cash flow requirements
b. Legal requirements as part of debt financing
c. Economic uncertainties including downturns in the local or national economy Assigned Fund Balances
Equipment Replacement Fund: The City of Cloverdale shall maintain a General Fund equipment replacement reserve to provide for the replacement of vehicles, heavy equipment, computer equipment, and other capital equipment items costing greater than $10,000. This replacement reserve will also be established in the Water and Sewer funds.
Police Vehicle Replacement Reserves: The City of Cloverdale shall maintain a General Fund vehicle replacement reserve to provide sufficient replacement funding for patrol vehicle capital items costing greater than $10,000. This replacement reserve will also be established in the Water and Sewer funds.
Facility Replacement and Maintenance Reserves: The City of Cloverdale shall maintain a General Fund facility replacement and maintenance reserve to provide sufficient funding for facility capital improvements costing greater than $10,000. This replacement reserve will also be established in the Water and Sewer funds.
Compensated Absences Reserves: The City of Cloverdale shall maintain a General Fund compensated absences reserve equal to 10% of the estimated non-current employee compensated absences payable.
Additional increments of 10% will be set aside each year until 50% of the non-current compensated balance is reached.
60 GENERAL FUND SURPLUS POLICY
It is in the best interest of the citizens of the City of Cloverdale who rely upon the City for public access and services that the City should prioritize allocation of General Fund resources towards critical, core municipal services that are in alignment with the City Council’s goals. Therefore, the City Council shall authorize the establishment of the General Fund Surplus Policy to broadly define how future surpluses should be dedicated.
This policy shall be defined by the General Fund’s Fiscal Year audited, final results and shall begin with Fiscal Year ended June 30, 2016. Allocation of any annual General Fund surplus shall be made in the following priority order:
1) 30% of any surplus, up to $100,000 per year, shall be set aside into the Emergency Reserve Fund, up to the target level of 8% of annual General Fund expenditures. 2) Any remaining General Fund surpluses shall first be used to maintain the Contingency Reserve, up to the target level of 17% of annual General Fund expenditures. 3) Any remaining surplus in excess of the amounts stated above shall be allocated as follows:
a. Equipment Replacement Reserves. The annual contribution to these reserves will be equal to the annual depreciation expense plus 5% to provide sufficient replacement funding for equipment capital items costing greater than $10,000.
b. Police Vehicle Replacement Reserves. The annual contribution to these reserves will be equal to the annual depreciation expense plus 5% to provide sufficient replacement funding for vehicle capital items costing greater than $10,000.
c. Facility Replacement and Maintenance Reserves. The annual contribution to these reserves will be equal to the annual depreciation expense plus 5% to provide sufficient funding for facility capital improvements costing greater than $10,000.
d. Compensated Absences Reserve. The annual contribution to these reserves will be equal to 10% of the estimated non-current employee compensated absences payable. Additional increments of 10% will be set aside each year until 50% of the non-current compensated balance is reached. 61 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
D.6
April 13, 2022
Agenda Section:
Consent
Staff Contact:
Vanessa Apodaca, Interim City Engineer
Agenda Item Title:
Roadway Improvement Project list for fiscal year 2022/2023 funded by SB-1: The Road Repair and Accountability Act of 2017.
________________________________________________________________________________________ Recommended Council Action(s):
Adopt the Resolution titled “Resolution of the City Council of the City of Cloverdale Adopting a List of Projects for Fiscal Year 2022/2023 Funded by SB 1: The Road Repair and Accountability Act of 2017”. ________________________________________________________________________________________ Background:
In April 2017, Governor Jerry Brown signed into law Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) to address the significant multi-modal transportation funding shortfalls statewide.
SB-1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.
________________________________________________________________________________________ Summary:
The City must adopt annually, by resolution, a list of proposed projects to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB-1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.
In the current Fiscal Year (FY 2020/2021) the City Council listed the West Fourth Street rehabilitation project and the Healdsburg Ave. Accessibility Improvements Project to receive SB-1 funds. The City of Cloverdale completed the Healdsburg Ave. Accessibility Improvements Project and is removing this project from future funding requests.
SB 1 Projects
The West Fourth Street Rehabilitation Project was relisted for SB-1 funds in FY 2021/2022 to allow remaining FY 2019/2020 and FY 2020/2021 and some future funds to be combined. West Fourth Street is currently being rehabilitated from Jefferson Street to the street end. This project is expected to have a functional life of about 30 years once complete and is now expected to be complete by late spring 2022.
The City Council previously approved the addition of the Clark Avenue Rehabilitation Project to the SB 1 list for FY 2021/2022. Clark Avenue, from South Street to Blair Street, will be reconstructed and/or overlain as needed to restore the surface. This project is expected to have a functional life of 30 years once complete.
Project is expected to be complete by the summer of 2024. ________________________________________________________________________________________ 62 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 13, 2022
Item No.: D. 6
Alternative Options:
1. Reject the SB 1 list; or
2. Amend the SB 1 list; or
3. Provide direction to Staff
________________________________________________________________________________________ Subcommittee Recommendation:
The SB 1 project list was originally presented to the Public Work & Facilities Subcommittee on March 23, 2021.
________________________________________________________________________________________ Budget/Financial Impact:
Adoption of the proposed resolution will make the City eligible to receive about $180,000 in SB-1 funds for FY 2022/2023.
________________________________________________________________________________________ Attachments:
1. Resolution
63 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. 037 –2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022/2023 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used Public comments, Councilmember input and a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet community priorities for transportation investment; and WHEREAS the funding from SB 1 will help the City maintain and rehabilitate West Fourth Street from Jefferson Street to the street end this year and maintain and rehabilitate Clark Avenue from South Street to Blair Street next year; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us prevent further degradation of the overall quality of our road system over the next decade, and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety and investing in complete streets infrastructure which will contribute positive co-benefits to the citizens of Cloverdale and statewide.
WHEREAS, the City, will receive an estimated $180,000 in RMRA funding in Fiscal Year 2022-23 from SB 1.
NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Cloverdale, State of California as follows:
1. The foregoing recitals are true and correct.
2. The following previously proposed and adopted project, and proposed new project, will utilize fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of the previously proposed project and addition of the new project in the adopted fiscal year resolution, the City is affirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
64 City Council Resolution No. ___-2022
a. The previously proposed and adopted West Fourth Street Rehabilitation Project from Jefferson Street to street end. West Fourth Street will be rehabilitated from Jefferson Street to the street end. This project is expected to have a functional life of about 30 years once complete. Project was delayed by the COVID-19 pandemic and is now expected to be complete by late spring 2022.
b. The proposed Clark Avenue Rehabilitation Project from South Street to Blair Street. Clark Avenue will be reconstructed and/or overlain as needed to restore the surface. This project is expected to have a functional life of 30 years once complete. Project is expected to be complete by the summer of 2024.
The foregoing Resolution No. ____-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 13th day of April 2022, by the following roll call vote:
AYES: (_)
NOES: (_)
ABSTAIN: (_)
ABSENT: (_)
None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Myra Lazio, Deputy City Clerk
65 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
F1
April 13, 2022
Agenda Section:
Public Hearing
Staff Contact:
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir.
Agenda Item Title: Ordinance of the City of Cloverdale amending Chapters 1.10 and 1.14 of the Cloverdale Municipal Code and adding Chapter 1.18 and 1.20 to the Cloverdale Municipal Code regarding code enforcement.
________________________________________________________________________________ Recommended Council Action(s):
Introduce and hold first reading, by title only, an ordinance amending Cloverdale Municipal Code Chapters
1.10 and 1.14 and adding Chapter 1.18 and 1.20 regarding Code Enforcement Procedures. ________________________________________________________________________________________ Background:
On October 27th, 2021, the Council approved a budget amendment for purposed of hiring a part time code enforcement officer. Since that time, Robert Smith has been actively working on several code enforcement cases in Town. To enforce violations of the City’s Municipal and other Uniform Codes more effectively, as recommended by Robert Smith, staff recommends incorporating administrative enforcement tools into the City’s Municipal Code. To accomplish this, the following two articles are proposed to be added to Chapter 1, Article 2: “Administrative Citations,” and “Administrative Notice and Order.” Summary:
The Administrative Citation section will allow staff to issue a citation more efficiently for violations of the Municipal Code or Zoning Code. The recipient will be responsible for the payment of fines, which may be appealed. It is anticipated that the Administrative Citation process will be used infrequently and for violations, such as excessive debris and inoperative vehicles.
The Administrative Notice and Order section provides a framework for notifying a property owner regarding a code violation. It offers a period to cure the violation, details the fines to be paid for the violation, orders prohibition for continuance of the violation, and sets a time and date for a hearing and decision on the matter. If the property owner does not correct the violation after the hearing, the City may seek an abatement order to correct the violations itself (the cost of which would be paid by the property owner). It is anticipated the Administrative Notice and Order process will be used for chronic and ongoing violations of the code.
Environmental Review:
The Cloverdale City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) of Title 14 of the California Environmental Code of Regulations because it can be seen with certainty that there is no possibility that this ordinance will have a significant negative effect on the environment. 66 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 13th, 2022
If introduced at the April 13th meeting, the item will be placed on the April 27th Consent Agenda for second reading. The Ordinance will then go into effect 30 after that date. _______________________________________________________________________________________ Options:
1. Introduce an ordinance amending Cloverdale Municipal Code related to Code Enforcement procedures
2. Provide alternative direction to staff
________________________________________________________________________________________ Subcommittee Recommendation:
Bring forward to full Council.
________________________________________________________________________________________ Budget/Financial Impact:
The City Council allocated $50,000 in funding for Code Enforcement in the FY 2021-22 Budget. This work is included in that scope.
________________________________________________________________________________________ Attachments:
1. Draft Ordinance
67 ORDINANCE NO. 2022-___
ORDINANCE OF THE CITY OF CLOVERDALE AMENDING CHAPTERS 1.10 AND 1.14 OF THE CLOVERDALE MUNICIPAL CODE AND ADDING CHAPTER 1.18 AND 1.20 TO THE CLOVERDALE
MUNICIPAL CODE REGARDING CODE ENFORCEMENT
WHEREAS, the City of Cloverdale’s Municipal Codes contain many rules, standards, and regulations adopted in order to preserve, protect and enhance the public health, safety, and welfare; and WHEREAS, the City of Cloverdale desires to update the Municipal Code to incorporate additional administrative enforcement tools for violations of the Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLOVERDALE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The above recitals are hereby found to be true and correct and incorporated herein by this reference.
SECTION 2. AMENDMENT OF MUNICIPAL CODE
Chapters 1.10 and 1.14 of the Cloverdale Municipal Code are hereby amended, and Chapters
1.18 and 1.20 are hereby added to the Cloverdale Municipal Code, as shown in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 3. CEQA
The Cloverdale City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) of Title 14 of the California Environmental Code of Regulations because it can be seen with certainty that there is no possibility that this ordinance will have a significant negative effect on the environment.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
68 SECTION 5. EFFECTIVE DATE
This Ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage and shall be published once before the expiration of fifteen (15) days after said passage, with the names of the Council Members voting for or against the same, in a newspaper of general circulation published in the County of Sonoma, State of California.
I hereby certify that the foregoing is a true and complete copy of an ordinance duly and regularly adopted by the City at a regular meeting thereof held on May ___, 2022, by the following vote:
PASSED, APPROVED AND ADOPTED this ___ day of ______, 2022 by the following vote: (Ayes-; Noes-; Absent-)
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved: Attested:
__________________________ __________________________
Todd Lands, Mayor Lori Frontella, Interim City Clerk
69 EXHIBIT A
MUNICIPAL CODE AMENDMENTS
A. MODIFICATION OF SECTION 1.10.20
Section 1.10.020, Purpose and Authority, of the Cloverdale Municipal Code is amended to read in its entirety as follows:
“1.10.020 Purpose and Authority.
The city council establishes the procedures set forth in Chapters 1.10 through 1.20 for declaring and addressing nuisance conditions and other violations of this code, pursuant to California Government Code Sections 36900 et seq., 38660, 38771 through 38775, inclusive, 53069.4, 54988, and all other statutes and laws referenced herein. The purpose of Chapters 1.10 through
1.15 is to provide criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the city, to prevent, discourage, abate, or otherwise address any nuisance condition or violation of this code, as that term is defined below.” B. MODIFICATION OF SECTION 1.10.030
Section 1.10.030, Definitions, of the Cloverdale Municipal Code is amended to read in its entirety as follows:
“1.10.030 Definitions
A. “Abatement order” and “administrative order” shall mean an order issued by a hearing officer following an appeal hearing or an order to show cause hearing.
B. “Administrative costs” shall mean that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under Chapters 1.10 through
1.15. Administrative costs shall include, but not be limited to, site inspections and re-inspections, third party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time and expense of preparing for and attending meetings and/or hearings related to abatement proceedings. The hourly rate for staff time shall be set by the city council and may be revised from time to time.
C. “Affected property” shall mean any real property or portions thereof within city boundaries, including any buildings or other improvements located on such property, where nuisance conditions or other code violations allegedly exist or have previously existed.
D. “City” shall mean the city of Cloverdale.
E. “Code” or “this code” shall mean the city’s municipal code, all uniform codes that have been incorporated into the city’s municipal code, and any applicable local, state or federal laws and regulations that are or may be enforced by the city, including, without limitation, the State Housing Law (Health and Safety Code Section 17910 et seq.). 70 F. “Code enforcement officer” means any person authorized or directed by the city manager to enforce any provision of this code, including any peace officer. In addition to any other powers conferred upon him or her by this code or by any other law, a code enforcement officer shall have the authority to issue a notice to appear, or issue a notice of violation, as described in Section 1.14.020, if the code enforcement officer has cause to believe that a violation of this code was, or is being, committed or that any nuisance conditions exist.
G. “Compliance” shall mean all actions required to remove, alleviate, eliminate, halt, or mitigate a nuisance condition or other violation of this code in the manner and in the time frame prescribed by a code enforcement officer, hearing officer, or city council.
H. “Costs of abatement” shall mean all costs incurred by the city in connection with achieving compliance with an abatement order, including, but not limited to, any cost incurred by the city in performing or contracting for work required to achieve compliance with an abatement order, administrative costs, and costs of prosecuting any nuisance condition or other violation of this code, including attorneys’ fees and costs, all as permitted by law.
I. “Day” or “days” shall mean calendar days.
J. “Enforcement action” shall mean any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of Chapters 1.10 through 1.20 or pursuant to any other legal authority.
K. “Hearing officer” shall mean any person or persons appointed by the city council, or by any person designated by the city council to make the appointment, to conduct a hearing pursuant to Chapters 1.10 through 1.20.
L. “Nuisance condition” shall mean any condition described in California Civil Code Section 3479 or Section 1.10.060 of this code, and shall also include, but not be limited to, any violation of this code.
M. “Occupant” shall mean the person or persons having a right of present possession of the affected property, if other than the owner, including, without limitation, tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), or any authorized agent of any such person(s).
N. “OSC” or “order to show cause” shall mean an order issued with an NOV as specified in Section 1.14.030 requesting the responsible party to appear at a hearing to show cause why the city should not abate the nuisance condition described in the NOV at the responsible party’s expense.
O. “Owner” shall mean the owner(s) of record of the affected property, and shall include any authorized agent(s) of the owner(s) of record.
P. “Penalty” shall mean an administrative fine or penalty imposed on the responsible party, pursuant to Section 1.14.050.
71 Q. “Responsible party” shall mean any person, firm, association, club or organization (including informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or legal guardian of any person(s) under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s) of the affected property.”
C. MODIFICATION OF CHAPTER 1.14
Chapter 1.14, Administrative Enforcement, of the Cloverdale Municipal Code is amended to read in its entirety as follows:
“1.14 Administrative Enforcement
1.14.010 Authority of code enforcement officer.
1.14.020 Imposition of penalties.
1.14.030 Payment and collection of penalty.
1.14.040 Judicial review.
1.14.050 Recovery of costs of abatement.
1.14.060 Cost accounts.
1.14.070 Imposition of liens or special assessments.
1.14.010 Authority of Code Enforcement Officer.
A code enforcement officer shall have the authority to gain compliance with this code, including the power to issue a notice of violation (“NOV”) or an administrative citation as described in this Title 1, the power to inspect public and private property, the power to record a notice of violation against any affected property, and the power to carry out the provisions of an abatement order.
1.14.020 Imposition of Penalties
Any nuisance condition or violation of any provision of this code, including a failure to comply with a term or condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the city, or a failure to comply with any county, state or federal law, may subject the responsible party to a penalty imposed pursuant to the city’s general police powers, and/or Government Code Sections 36901 and 53069.4. Whether to impose a penalty shall be within the discretion of the city manager.
A. The amount of any penalty that may be imposed for a violation that would otherwise be an infraction shall not exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation of the same ordinance within one year, and five hundred dollars ($500) for each additional violation of the same ordinance within one year. 72 In determining the amount of a penalty, the following factors should be taken into consideration:
1. Duration of the violation;
2. Frequency, re-occurrence, or number of violations by the same person;
3. Seriousness of the violation and/or its impact on the community and/or the degree of culpability of the responsible party;
4. Justification, if any, for the existence, or continuance, of the violation;
5. Whether the violation is susceptible to restoration or other mitigation;
6. Good faith efforts to mitigate the violation or to come into compliance, pursuant to the terms of the NOV or abatement order;
7. Sensitivity of any affected resource;
8. Any profits or other economic benefit realized by the responsible party resulting, directly or indirectly, from the violation;
9. The city’s schedule of administrative penalties currently existing or subsequently enacted; and
10. Such other factors as justice may require.
B. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the penalty becomes effective until the violation is corrected.
C. Any penalty amount is a debt owed to the city. In addition to all other means of enforcement, a penalty may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, a penalty may also be enforced by imposition of a lien or special assessment upon the real property, as described in this chapter. Any lien or special assessment imposed upon real property shall remain in effect until the penalty is paid in full.
D. The hearing officer, in his or her discretion, may suspend the imposition of any applicable penalty for a period of time not to exceed sixty days during which the responsible party has demonstrated a willingness to correct the violations listed in the NOV or comply with an abatement order, or has applied for permits required to achieve compliance and such permit applications are actively pending before, or have already been issued by, the city, state, or other appropriate governmental agency, or under any other circumstances that would justify a suspension of the penalty.
1.14.030 Payment and Collection of Penalty
73 A. If a penalty is imposed and the responsible party fails to appeal the penalty as specified in Section 1.14.070, the responsible party shall pay the amount of the penalty within thirty days of the effective date of the penalty, unless an extension of time is requested by the party against whom the penalty is imposed and the request is granted by the city manager. Any penalty imposed shall be payable to the city, or to a collection agency if the penalty has been assigned to a collection agency pursuant to subsection C of this section.
B. If the amount of any penalty imposed for a violation relating to an affected property has not been satisfied in full within sixty days of the date due and has not been successfully challenged by appeal or in court, the penalty amount may become a special assessment or lien against the affected property, as provided in Section 1.14.140. If the city elects to make any penalty a special assessment or lien against the affected property, a statement of the amount due, and any additional costs or expenses that may be recoverable as part of the enforcement action, shall be prepared and submitted to the city council for confirmation in accordance with the procedures described in Section 1.14.130.
C. Notwithstanding subsection B of this section, the amount of any unpaid penalty may be collected by commencement of a civil action to collect such penalty, or in any other manner provided by law for the collection of debts, including assignment of the debt to a collection agency. Subject to the requirements of Chapters 1.10 through 1.15 and other applicable law, amounts assigned for collection are subject to collection agency rules, regulations and policies.
The city shall be entitled to recover any and all costs associated with collection of any such penalty.
D. The payment of a penalty by or on behalf of any responsible party shall not relieve such party from the responsibility of correcting, removing or abating the nuisance condition, or performing restoration where required, nor prevent further proceedings under Chapters 1.10 through 1.15 or any other authority to achieve the correction, removal or abatement of the nuisance, or any required restoration.
1.14.040 Judicial Review
A. Any responsible party who is aggrieved by a decision of a hearing officer, or of a board, commission, department, agency, or person authorized to render such a decision on behalf of the city pursuant to Chapters 1.10 through 1.20, and who has exhausted the administrative remedies provided in this code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be filed within ninety days after the administrative decision becomes final (as determined in Code of Civil Procedure Section 1094.6). Notwithstanding these time limits, where a shorter time limitation is provided by any other law, including that set forth in Government Code Section 53069.4 (see subsection E of this section), such shorter time limit shall apply.
74 B. Written notice of the time limitation in which a party may seek judicial review of an abatement order shall be given to all responsible parties in the matter by the city in substantially the following form:
Judicial review of this decision may be sought by following the procedure outlined in Code of Civil Procedure section 1094.5. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time is provided by any state or federal law, such shorter time limit shall apply.
C. This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.
D. All costs of preparing an administrative record that may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner.
E. Any responsible party against whom a penalty has been imposed and who has exhausted the administrative remedies provided in this code or other applicable law may obtain judicial review of said penalty pursuant to Government Code Section 53069.4 by filing an appeal with the Sonoma County superior court, subject to the time limits described therein. Any such appeal shall be filed as a limited civil case. Written notice of the subject time limits shall be given to all responsible parties against whom a penalty is imposed in substantially the following form:
The time within which judicial review of the penalty imposed by this order must be sought is governed by Government Code section 53069.4. Judicial review must be sought not later than 20 days after service of the order imposing or confirming such penalty.
1.14.050 Recovery of Costs of Abatement
The city may elect to recover its costs to abate nuisance conditions or other code violations, including, without limitation, the costs of any appeal hearing or OSC hearing (including staff time necessary to prepare for and attend an appeal hearing or OSC hearing), any re-inspections required to determine or confirm that compliance has been achieved, production of all staff reports, environmental tests or measurements that are deemed necessary or appropriate by the code enforcement officer, third party inspection(s) or consultant services as deemed necessary by the city and any attorneys’ fees incurred in pursuing enforcement. If the city elects at the initiation of an administrative enforcement action or proceeding to seek recovery of attorneys’ fees, pursuant to Government Code Section 38773.5(b), then the prevailing party shall be entitled to recover attorneys’ fees in an amount not to exceed the amount of attorneys’ fees incurred by the city in such action. Recovery by the city of the costs of enforcement shall be in addition to any penalty imposed on the responsible party.
1.14.060 Cost Accounts
75 A. If any order authorizes the city to abate a nuisance condition or other code violations, the city official responsible for such abatement shall keep an accounting of the cost of abatement along with any other recoverable costs, and shall render a written report (“the cost report”) to the city council showing the cost of removing and/or abating the nuisance condition and describing the work performed. The cost report shall be agendized as a “public hearing” item by the city clerk at a subsequent city council meeting following the required notice periods.
B. At least ten days prior to the submission of the cost report to the city council, the city clerk shall cause a copy of the cost report to be mailed to the responsible party and/or to the owner of the property where the nuisance condition existed. If the nuisance concerns real property, a copy of the cost report shall be mailed to the owner(s) at the address shown for such owner(s) in the most recent tax assessor’s records. The city clerk shall also cause a notice of hearing to be mailed to the same person(s) or entity receiving a copy of the cost report. The notice of hearing shall set forth the date, time and location of the city council meeting at which the cost report shall be submitted to the city council.
C. At the time and place fixed for receiving and considering the cost report, the city council shall hear a summary of the cost report and any objections by the responsible party or property owner against whom such costs are being charged or against whose property an abatement lien or special assessment may be imposed. After considering the cost report and any objections thereto, the city council may make such modifications to the cost report as it deems appropriate, after which the report may be confirmed by order of the city council.
D. At the hearing on the cost report, the city council may also authorize the imposition of a lien or special assessment on the property where the nuisance condition was abated by the city pursuant to this Code.
E. A copy of a council order confirming costs against the responsible party shall be served on the responsible party within ten days of such order. The notice shall be served personally or by United States mail, first-class postage prepaid, and, if by such mail, it shall be sent to the last known address listed on the most recent tax assessor’s records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by first-class mail, a copy of the notice shall also be conspicuously posted at the affected property when reasonably practicable for a period of not less than three calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken.
The failure to receive the notice sent via first-class mail shall not affect the validity of any enforcement proceedings under Chapters 1.10 through 1.15. Any responsible party against whom costs of abatement and any other costs are awarded by council order shall have the right to seek judicial review of such order by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5.
1.14.070 Imposition of liens or special assessments.
A. Any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any administrative costs or other expenses of enforcement, 76 and the cost or expenses associated with the abatement of a nuisance condition that are levied in accordance with Chapters 1.10 through 1.20, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against the property of the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the office of the Sonoma County recorder, and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this subsection shall specify the amount of the lien, that the lien is being imposed on behalf of the city, the date of the NOV and abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.
B. Before recordation of a lien authorized by this section, a notice of lien shall be served on the responsible party and/or owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current.
The notice of lien shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Sonoma County.
C. Any fee imposed on the city by the county recorder for costs of processing and recording the lien as well as the cost of providing notice to the owner in the manner described herein may be recovered from the owner in any foreclosure action to enforce the lien or upon sale of the property on which the city has placed a lien following recordation.
D. As an alternative to the lien procedure described in this section, any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, and any costs of enforcement or administration or expenses associated with the abatement of any nuisance levied in accordance with Chapters 1.10 through 1.20, whether imposed or levied judicially or administratively, may become a special assessment against the real property where the nuisance condition(s) existed. Any special assessment imposed on real property pursuant to this section may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment.”
D. ADDITION OF CHAPTER 1.18
Chapter 1.18, Administrative Citations, is added to the Cloverdale Municipal Code to read in its entirety as follows:
“Chapter 1.18 Administrative Citations
1.18.010 Purpose and application.
1.18.020 Definitions.
77 1.18.030 Fines.
1.18.040 Contents of citation.
1.18.050 Service procedures.
1.18.060 Satisfaction of the administrative citation.
1.18.070 Appeal of the administrative citation.
1.18.080 Hearing procedure.
1.18.090 Hearing officer’s decision.
1.18.100 Collection of unpaid fines.
1.18.110 Right to judicial review.
1.18.010 Purpose and application.
A. Any violation of this code may be redressed with an administrative citation through the proceedings set forth under this chapter, even if any other section of this code prescribes or permits a criminal, civil, or administrative fine or method of enforcement or redress different than that set forth in this chapter.
B. It is the intent of this chapter that an administrative procedure be established as provided under Government Code Section 53069.4 which may be applied to any violation of this code.
C. The proceedings set forth under this chapter shall not be exclusive and may be in addition to any other available criminal, civil, or administrative remedy established under this code or under applicable state law or otherwise. This chapter shall be used at the sole discretion of the city.
1.18.020 Definitions.
A. “City Manager” shall mean the city manager of the City of Cloverdale or his or her designee.
B. “Code” means the City of Cloverdale Municipal Code, Building Code, Zoning Code, and any Uniform Codes that have been incorporated into this Code by reference, as well as any other ordinance of the city.
C. “Enforcement Officer” shall mean any Cloverdale employee, contractor, or agent of the city authorized to enforce any provision of this code or this chapter.
D. “Fine” or “fines” shall mean any fines, fees, or penalties assessed or imposed by the city or order of the hearing officer under this chapter, not including administrative costs.
E. “Person” shall mean a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
F. “Responsible Person” shall mean a person or person’s agent, employee, or independent contractor who causes, permits, allows, maintains, contributes, conceals, or aids or abets the property-related code violation, including a property owner of record, property manager, tenant, subtenant, occupant, or any person in possession of property where the code violation exists. 78 Each responsible party shall be jointly and severally liable for any and all fines, fees, penalties, and administrative costs awarded, upheld, assessed, or imposed under this chapter.
1.18.030 Fines.
A. The city council may establish the amounts of fines for violations of this code imposed pursuant to this chapter through a schedule of fines established by resolution of the city council.
In the absence of such resolution, and except as otherwise provided in this Code, the fines for administrative violations of this code shall be as follows:
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
1.18.040 Contents of citation.
Each administrative citation shall contain the following information:
A. Date, approximate time, and address or definite description of the location of the violation(s).
B. The code sections or conditions violated and a description of the violation(s).
C. The amount of the fine for the violation(s).
D. An explanation of how the fine shall be paid and the time period by which it shall be paid.
E. Explanation of rights of appeal, including the time within which such claimed violation may be contested and the procedure for requesting a hearing to contest the violation.
F. The name and signature of the enforcement officer issuing the citation; and G. If the violation is one which is continuing, an order to correct the violation and prohibiting the continuation or repeated occurrence of the violation, including an explanation of the consequences for failing to correct the violation as ordered. The explanation of the consequences should state that a separate violation exists for each and every calendar day any violation of any provision of this code is committed, continued, or permitted.
1.18.050 Service procedures.
Service of any administrative citations and the notices of correction shall be made as follows:
79 A. Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. Service of Citation by Mail. If the enforcement officer does not succeed in personally serving the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation shall be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned. The location of the responsible person outside of Sonoma County shall be sufficient grounds for service of citation by mail without first attempting personal service.
1.18.060 Satisfaction of the administrative citation.
A. The responsible person must pay the fine to the city within thirty (30) calendar days from service of the citation. All fines assessed shall be payable to the City of Cloverdale in accordance with the payment instructions on the citation.
B. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the city.
1.18.070 Appeal of the administrative citation.
A. Time to File an Appeal. Any recipient of an administrative citation may contest that there was a violation of this code or that it continues to exist, or that he or she is the responsible person, by completing a “request for hearing” form and returning it to the city in accordance with the instructions on the form within fifteen (15) calendar days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the total fines due. Such “request for hearing” forms shall be made available at no charge at city hall and/or by contact the city clerk. A failure to file a timely “request for hearing” form shall be deemed a waiver of the right to appeal the citation and to seek judicial review. The requirement that the fine be deposited in advance may be waived if an advanced deposit hardship waiver form has been filed and approved in accordance with procedures adopted by the city manager.
B. Return of Deposit. Any administrative citation fine which has been deposited shall be refunded, in whole or in part, to the extent it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
C. Hearing Officer. The city manager shall be authorized to assign a hearing officer to any person or persons, qualified by training or experience, whom the city manager may appoint or who are retained by contract to conduct such hearings. The hearing officer may, but is not required to be, a city employee.
80 1.18.080 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely “request for hearing” form has been completed and submitted and the fine has been deposited in advance or waived as provided under this chapter..
B. After receipt of the “request for hearing” and fine deposit, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than forty-five (45) calendar days from the date that such request is filed in accordance with the provisions of this section. The person requesting the hearing and the city may agree to a hearing date that is either sooner or later than the time periods required herein for a hearing. Unless advanced notice is otherwise waived by the requesting party, the person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing. The failure of any recipient of an administrative citation to appear at the scheduled hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the hearing officer decision based upon a failure to exhaust administrative remedies.
C. The hearing officer shall only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained the violation of this code on the date(s) specified in the administrative citation. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), and proposed method of abatement, if any.
D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The city manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The city shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specified in the administrative citation.
E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer or his or her designee. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s cause.
F. The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.
G. Upon request which provides reasonable advanced notice to the city, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation, as well as any additional materials provided to the hearing officer for the hearing.
H. On the hearing officer’s own discretion or upon request by any party, the hearing officer may continue the hearing and request additional information from any person or witness prior to 81 issuing a written decision. Notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued.
1.18.090 Hearing officer’s decision.
A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer shall issue a written decision setting forth the findings supporting the decision within thirty (30) calendar days of the hearing. The written decision shall include the reasons for the decision.
B. If the hearing officer determines that the administrative citation should be upheld as to a responsible party, then any fine amount on deposit with the city shall be retained by the city. The hearing officer shall impose and assess the prescribed fine against each responsible party.
C. In the event of a hardship waiver of the deposit requirement, the order shall also state the date all payments are due and the fine for any late payment for any amount ordered by the hearing officer and that, if the violation continues, the responsible party may be subject to additional fines, penalties, or administrative costs authorized by law. The order shall also state that fines and penalties shall also be collectible as set forth in this chapter.
D. If the hearing officer determines that the administrative citation should be canceled in whole or in part, then the city shall promptly refund the corresponding amount of any deposited fine, without interest, to that responsible party.
E. The written decision shall be served upon each party in the manner set forth by Section 1.18.050.
1.18.100 Collection of unpaid fines.
Failure of any person to pay the fine assessed by an administrative citation within thirty (30) calendar days or such other time limit set forth in the administrative citation, or by the time determined by the hearing officer as provided in Section 1.18.090, shall constitute a debt owed to the city and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest at the same annual rate as any civil judgment in favor of the city, in accordance with Code of Civil Procedure Section 685.010. Interest shall accrue commencing on the twentieth (20th) calendar day after the fine becomes due. In the event a civil action is commenced to collect the administrative fines, the city shall be entitled to recover all costs associated with the collection of the fines, including, but not limited to, staff time and attorney fees incurred in the collection of the fines and those costs set forth in Code of Civil Procedure Section 1033.5. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq. The remedies set forth in this section are not exclusive, and the city may collect any past due amounts assessed or ordered by all available legal means.
1.18.110 Right to judicial review.
A. The decision of the hearing officer shall be deemed the final administrative order of the city. 82 B. Any person who is aggrieved by the decision of the hearing officer under this chapter may obtain judicial review of such decision by filing an appeal to be heard in the Sonoma County superior court in accordance with California Government Code Section 53069.4. A copy of the notice of appeal shall be served in person or by first class mail upon the city clerk. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. If no appeal is filed with the superior court within twenty calendar days after service, then the written decision is hereby deemed confirmed.
E. ADDITION OF CHAPTER .102
Chapter 1.20, Administrative Notice and Order to Abate, is added to the Cloverdale Municipal Code to read in its entirety as follows:
“1.20 Administrative Notice and Order to Abate
1.20.010 General enforcement authority for this chapter and purpose.
1.20.020 Definitions.
1.20.030 Fines.
1.20.040 Administrative notice and order.
1.20.050 Recordation of administrative notice and order.
1.20.060 Service procedures.
1.20.070 Hearing procedure.
1.20.080 Hearing officer’s decision
1.20.090 Right to judicial review.
1.20.100 Collection of unpaid fines or administrative costs.
1.20.010 General enforcement authority for this chapter and purpose.
The purpose and intent of this chapter is to effectively enforce violations of this code committed on a continuing or ongoing basis. This chapter is adopted pursuant to the municipal affairs provision contained in Section 7 of Article XI of the Constitution of the State of California and Government Code Section 36900 for the purpose of making any violation of this code or of any ordinance enacted by the city council subject to administrative fines, remedies, and penalties, to set forth the procedures authorized in Government Code Section 53069.4 for the imposition, enforcement, collection, and administrative review of such fines and penalties, and to redress and enforce violations of this code that constitute public nuisances through a nuisance abatement mechanism. This chapter shall be used at the sole discretion of the city.
1.20.020 Definitions.
A. “Administrative Costs” shall mean any and all costs incurred by the city in connection with the matter before the hearing officer, including but not limited to costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, the services of the hearing officer, any abatement costs, costs for all inspections, and attorneys’ fees.
B. “City Manager.” shall mean the city manager of the City of Cloverdale or his or her designee. 83 C. “Code” means the City of Cloverdale Municipal Code, Building Code, Zoning Code, and any Uniform Codes that have been incorporated into this Code by reference, as well as any other ordinance of the city.
D. “Enforcement Officer” shall mean any Cloverdale employee, contractor, or agent of the city authorized to enforce any provision of this code or this chapter.
E. “Fine” or “fines” shall mean any fines, fees, or penalties assessed or imposed by the city or order of the hearing officer under this chapter, not including administrative costs.
F. “Person” shall mean a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
G. “Responsible Person” shall mean a person or person’s agent, employee, or independent contractor who causes, permits, allows, maintains, contributes, conceals, or aids or abets the property-related code violation, including a property owner of record, property manager, tenant, subtenant, occupant, or any person in possession of property where the code violation exists.
Each responsible party shall be jointly and severally liable for any and all fines, fees, penalties, and administrative costs awarded, upheld, assessed, or imposed under this chapter.
1.20.030 Fines.
The city council may establish the amounts of fines for violations of this code imposed pursuant to this chapter through a schedule of fines established by resolution of the city council. In the absence of such resolution, and except as otherwise specified in this Code, the fines for administrative violations of this code shall be as follows:
A. A fine not exceeding one hundred dollars ($100) for a first violation.
B. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within
one year.
C. A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
1.20.040 Administrative notice and order.
A. Whenever a code enforcement officer determines that a violation of a provision of this code has occurred, the code enforcement officer may issue an administrative notice and order to the responsible party for the violation.
B. Each administrative notice and order shall contain the following information:
1. Date of violation or date violation is identified and address or definite description of the location of the violation(s), such as the street address or tax assessor parcel number (APN);
84 2. The code sections or conditions violated and a description of the violation(s);
3. A description of the action necessary to correct the violation and reasonable time not less than ten calendar days to correct the violation prior to the imposition of fines;
4. The amount of the fine for the code violation(s);
5. An explanation of how the fine shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the fine;
6. An order prohibiting the continuation or repeated occurrence of the violation and an explanation of the consequences for failing to correct the violation, including that a separate violation exists for each and every calendar day any violation of any provision of this code is committed, continued, or permitted;
7. A description of the administrative review procedures, including the time, date and place of the hearing, which shall be no less than ten calendar days after the date of the administrative notice and order. The description shall also state that the purpose of the hearing will be to make a determination on the existence of the violation(s), public nuisance, and on whether to adopt the administrative order, including the imposition of fines and administrative costs under this chapter;
8. The name, date, and signature of the issuing enforcement officer; and
9. A statement that any violation of this code is deemed to constitute a public nuisance, which if not corrected or abated as required under this administrative notice and order may be found to exist and ordered to be abated after a public hearing, with abatement and related administrative costs being imposed on the responsible person and/or property owner, and collected judicially, or by special assessment or tax collection or lien, as provided under this code.
C. Nothing in this chapter shall preclude, limit, prohibit, restrict, or otherwise prevent the city under this code or state or federal law from taking immediate action, including the immediate issuance of an administrative citation, administrative notice and order, or summary abatement, for violations of this code that pertain to continuing or ongoing building, plumbing, electrical or other similar structural or zoning issues that create an immediate danger to health or safety.
1.20.050 Recordation of administrative notice and order.
A. If the responsible person does not comply with the administrative notice and order within a reasonable time designated in the notice and order, the code enforcement officer may file in the office of the county recorder a certificate describing the property and certifying the following:
1. That the building, structure, or property is in violation of this code; and 85 2. That the owner has been so notified.
B. This certificate may be filed either prior to the administrative hearing designated in the administrative notice and order, or prior to any continuance thereof, or within a reasonable time following the issuance of the hearing officer’s decision pursuant to Section 1.20.070.
C. Whenever the corrections ordered in the administrative notice and order have been abated, repaired, or corrected to the extent that a violation no longer exists, the code enforcement officer shall, at his/her sole discretion, either file, or cause to be filed, with the county recorder or, in lieu of such filing, provide to the property owner with notice a new certificate certifying that the building, structure, or property has been brought into compliance with the administrative notice and order, or that all required corrections have been made so that the building, structure, or property conforms to the requirements contained in the administrative notice and order.
1.20.060 Service procedures.
A. Service of the notices under this article shall be made by any of the following methods:
1. Personal service; or
2. Certified mail, postage prepaid with a requested return receipt, and posting the notice conspicuously on or in front of the property.
B. Where real property is in violation of this code, written notice shall be personally served or mailed to the property owner, certified mail, postage prepaid with a requested return receipt, at the address as shown on the most current publicly available equalized county property tax assessment roll. In addition, a copy of the notice shall be conspicuously posted at the property which is in violation of this code.
C. Notwithstanding the method of delivery, the failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.
1.20.060 Hearing procedure.
A. The purpose of the hearing is to provide a review of the administrative notice and order by a hearing officer and an opportunity to the person subject to a notice and order to object to the determination that a violation has occurred and/or that the violation has continued to exist or that a public nuisance exists.
B. Hearing Officer. The city manager shall be authorized to assign a hearing officer to any person or persons, qualified by training or experience, whom the city manager may appoint or who are retained by contract to conduct such hearings. The hearing officer may be, but is not required to be, a city employee.
C. The hearing officer shall only consider evidence that is relevant to whether the violation occurred and/or whether a public nuisance exists, whether the recipient of the notice and order is 86 the responsible party, and the administrative costs incurred by the city. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), proposed method of abatement, if any, and administrative costs incurred by the city.
D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The city manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative notice and order shall be given the opportunity to testify and present witnesses and evidence. The city shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specified in the notice and order.
E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer or his or her designee. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s cause.
F. The failure of a responsible party named in an administrative notice and order to appear at the administrative notice and order hearing shall constitute a failure to exhaust the party’s administrative remedies.
G. On the hearing officer’s own discretion or upon request by any party, the hearing officer may continue the hearing and request additional information from any person or witness prior to issuing a written decision. Notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued.
1.20.070 Hearing officer’s decision.
A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer shall issue a written decision setting forth the findings supporting the decision within thirty (30) calendar days of the hearing. The decision is to be entitled “administrative enforcement order” and shall either uphold or cancel the administrative notice and order as to each named responsible party. The decision shall list the findings in support of the decision and the imposition of administrative costs and/or fines. When the administrative enforcement order directs the abatement of a violation, including a nuisance, the violation may be corrected or abated as authorized within this chapter or as otherwise permitted by law.
B. If the hearing officer determines that a public nuisance exists, then the written decision shall also include:
1. A description of the nuisance, which, if based upon a violation of this code, shall identify the provision being violated including the factual findings and determinations supporting the decision; and
2. An order to correct or abate the nuisance by a certain date, which if not complied with shall direct that the city take those steps necessary and authorized by law to enter onto the 87 property and abate the nuisance at the cost of the property owner through a special assessment or lien as provided in this Code.
C. When the administrative enforcement order directs that the nuisance be corrected or abated, it shall also impose the fines and assess administrative costs against each responsible party incurred up to the date of the administrative hearing. The administrative enforcement order shall include notice to each responsible party that administrative costs incurred up to the date of the administrative hearing may become the subject of a lien or special assessment against the property where the violations occurred, and payment is not received for such administrative costs within thirty calendar days of date of the order.
D. If the hearing officer determines that the administrative notice and order should be upheld as to a responsible party, then the hearing officer shall impose and assess the prescribed fine against each responsible party.
E. The order shall also state the date all payments are due and the fines for any late payment for any amount ordered by the hearing officer and that, if the violation continues, the responsible party may be subject to additional fines or administrative costs, as authorized by law. The order shall also state that fines and administrative costs shall also be collectible as set forth under elsewhere in this Code.
F. If the hearing officer determines that the administrative notice and order should be canceled in whole or in part, then the case shall be terminated as to that responsible party.
G. The written decision shall be served upon each party in the manner set forth by Section 1.20.060 or by any other means agreed to by each party, including email, fax, or other means. When the administrative enforcement order is served on the code enforcement officer, the order shall be deemed final.
1.20.080 Collection of unpaid fines or administrative costs.
The city may collect any past due fines assessed and/or administrative costs in the administrative enforcement order by all available legal means.
1.20.090 Right to judicial review.
A. The decision of the hearing officer shall be deemed the final administrative order of the city.
B. Any person who is aggrieved by the decision of the hearing officer may obtain judicial review of such decision by filing an appeal to be heard in the Sonoma County superior court in accordance with California Government Code Section 53069.4. If no appeal is filed with the superior court within twenty calendar days after service, then the written decision is hereby deemed confirmed. In the event that a copy of the notice of appeal is served in person or by first class mail upon the City of Cloverdale by the contestant-appellant pursuant to the appeal to the superior court, the time for payment shall be suspended from the date of said service until the judgment of the court is final.
88 C. Public Nuisance Finding. Any finding in an administrative enforcement order that a nuisance exists and any order made within an administrative enforcement order to abate or correct the nuisance shall constitute a final, administrative determination, shall not be appealable, and shall be subject to judicial review in the Sonoma County superior court by filing with the court a petition for writ of mandate pursuant to the provisions and time limits set in Code of Civil Procedure Section 1094.6
1.20.100 Private right of enforcement against responsible parties.
Any person, entity, association, or organization aggrieved by a willful violation of any provision of this chapter, where the owner(s) of a property has failed or refused to correct and/or abate a violation under this chapter for forty (40) calendar days after the administrative order becomes final, shall have the right to file an action and/or proceeding for injunctive relief and damages against the owner(s) of such property. Any person, entity, association, or organization which prevails or is successful in any such action or proceeding shall be entitled, in addition to any other relief, to recover all reasonable costs, expenses and attorneys’ fees incurred in such action or proceeding. treble damages also shall be awarded for such willful failure to comply with this chapter.”
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