15.14.653 – Sections 3313.2 through 3313.5 Section Deletion. Sections 3313.2 through 3313.5 are deleted.
15.14.655 – Section 3315.3 Where required. Section 3315.3 is added to read as follows: In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding 40 feet (12,192 mm) in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.
15.14.660 – Section 3315.5 Detailed requirements. Section 3315.5 is added to read as follows:
Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903.
15.14.665 − Section 4902.1 Definitions. Section 4902.1 is amended to read as follows: WildlandUrban Interface Fire Area is a geographical area located within any Moderate, High or Very High Fire Severity Zone in accordance with Public Resource Code Sections 4201–4204 and Government Code Sections 51175–51189, or in a Moderate or High Fire Severity Zone as identified in the Cloverdale General Plan.
15.14.670 − Section 4907.2 Application. Section 4907.2 is amended to read as follows: Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:
1.1 Moderate Fire Hazard Severity Zones.
1.2 High Fire Severity Zones.
1.3 Very-High Fire Severity Zones.
2. Land designated as Very-high Fire Hazard Severity Zone by cities and other local agencies.
3. Land designated as Wildland-Urban Interface Fire Areas by cities and other local agencies.
15.14.675 − Section 4907.1 Defensible Space. Section 4907.1 is amended to read as follows:
Defensible space will be maintained around all building and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations” California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270. Buildings and structures withi0.n the Very High Fire Severity Zone of a Local Responsibility Area (LRA) shall maintain a defensible space as outlined in Government Code 51175–51189 and any local ordinance of the authority having jurisdiction. Buildings and structures within the Wildland-Urban Interface Fire Area of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in the Government Code Sections 51175 – 51189 and local standards of the authority having jurisdiction.
15.14.680 − Section 5001.5.3 Electronic Reporting. Section 5001.5.3 is added to read as follows:
All Hazardous Material Management Plans (HMMP) and Hazardous Material Inventory Statements (HMIS) shall be submitted electronically as approved by the Fire Code Official.
15.14.685 − Section 5003.3.1 Unauthorized Discharges. Section 5003.3.1 is amended to read as follows: Any suspected or actual hazardous material, as defined by this code, including any suspected or 227
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actual carcinogen, which escapes into the environment through an unauthorized release shall be reported to the Fire Code Official immediately upon discovery, regardless of whether the release occurs on or off the site of the permitted facility and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4, shall be followed.
15.14.690 – Section 5608.2 5806.2 Geographic limits where fireworks displays are prohibited Section 5608.2 is added to read as follows: Prohibited in any area as established by applicable land-use and zoning standards.
15.14.695 − Section 5608.3 Prohibition of Fireworks. Section 5608.3 is added to read as follows:
A. Definitions. The following words have the following meanings in this section:
“Dangerous Fireworks” means dangerous fireworks as defined in Health and Safety Code sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, Subchapter 6, which are hereby incorporated by reference, as those sections may be amended from time to time. “Enforcement Officer” means any person designated by the City Manager, including, without limitation, any fire district official or other designated public agency official authorized to enforce this section.
“Fireworks Stand/Booth” means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of safe and sane fireworks. “Nonprofit organization” means, for the purposes of this section, any nonprofit association, charity or corporation organized primarily for veterans, patriotic, welfare, civic betterment, educational, youth development or charitable purposes pursuant to Internal Revenue Code Sections 501 (c) 3, 4, 6, 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or that has been issued a tax-exempt certificate as required under the Revenue and Taxation Code of the State of California; or a group that is an integral part of a recognized national organization having such tax-exempt status; or a nonprofit organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the City or a public and/or private community college, college and/or university that is located within the boundaries of the City. “Permit” means the authorization issued by qualified City officials allowing the sale of safe and sane fireworks in accordance with this section.
“Permittee” means a qualified applicant as defined in this section that has been issued a permit that is valid and has not been revoked in accordance with this section. “Person” means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this section occurred.
“Principal and permanent meeting place” means a permanent structure, playing field, geographic area or service population that resides in or is located within the City. 228
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“Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks by a licensed pyro-technician. “Qualified applicant” means any group or organization that has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit required by this section and that continues to meet the criteria for the duration of any permit issued by the City pursuant to this section:
i. The organization must be a nonprofit organization as defined in this section; ii. The organization must have its principal and permanent meeting place within the City; iii. The organization must be one that provides direct and regular community services and benefits to the residents of the City;
iv. The organization must have a minimum bona fide membership of at least twenty (20) members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City;
v. Neither the organization nor any of its officers and/or officials have been found by any court or City administrative process to be in violation of any civil or criminal local, state or federal law relating to fireworks within twenty-four calendar months prior to the organization’s submittal of an application for a permit to sell; and
vi. The organization has not had a permit to sell fireworks revoked within twenty-four months prior to the organization’s submittal of an application for a permit. “Responsible person” means a person who causes a violation of this section to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has notice of any violation existing on said property. For purposes of this section, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this section may be issued a citation in accordance with the provisions of this section. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years may be issued a citation in accordance with the provisions of this section, in addition to any citation that may be issued to the offending minor.
“Safe and Sane Fireworks,” also known as “State approved fireworks,” shall mean safe and sane fireworks as defined in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations Subchapter 6, which are hereby incorporated by reference, as those sections may be amended from time to time.
B. Fireworks. Except as hereinafter provided, it shall be unlawful for any person, firm, corporation, association, organization or entity to possess, store, sell, use, or explode any dangerous fireworks or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core sparkler, black cartridge, or other combustible device or explosive substance, or any kind of fireworks or dangerous fireworks by whatsoever name known within the City; provided, 229
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however, that the City may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a public agency, fair association, amusement park or other organization or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the City, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person in the opinion of the City.
Exception: Safe and Sane Fireworks: It shall not be unlawful to possess or sell within the City safe and sane fireworks as defined herein under the conditions and at the times and locations set forth in this section.
This section shall not apply to persons, businesses or entities licensed by the State Fire Marshal as a wholesaler and/or import/export concern to legally possess or sell fireworks, including those prohibited by this section, within the City for the primary purpose of sale and distribution outside the City.
Notwithstanding any contrary provision of this code, the City Council may in any given fireworks sales year prohibit the sale and discharge of safe and sane fireworks upon determining that conditions exist in the City, that may include, but are not limited to, fire weather events, fuel moisture, drought, limitations on available firefighting forces and/or other condition, that the City Council finds creates an extreme danger to the public health and safety and/or life and property of the residents, businesses and visitors of the City. In its sole discretion, the City Council may consult with the Cloverdale Fire Protection District prior to prohibiting the sale and discharge of safe and sane fireworks in any given fireworks sales year.
C. Fireworks—Conditions On Sales And Use.
1. Prohibition on Sale and Use of Fireworks. It is unlawful for any person, firm, corporation, association, or organization to sell or offer for sale any fireworks within the City, except as expressly permitted by this section. It is unlawful for any person, firm, corporation, association, organization or entity to use any fireworks within the City except as expressly permitted by this section.
2. Time of Sale. Subject to the provisions of the State Fireworks Law (California Health and Safety Code, Division 11, Part 2, Chapters 1-7, Health and Safety Code Sections 12500-12801), as amended from time to time, and the provisions of this code, state approved fireworks, as defined in Section 12504 of the California Health and Safety Code, may be sold within the City between the hours of 10:00 a.m. and 9:00 p.m. on July 1st, July 2nd, July 3rd and July 4th.
3. Permit Required. No person, firm, corporation, association, or organization shall sell safe and sane fireworks within the City unless they are a permittee. All permit applications shall be received by the City no later than the last day of May each year. No person, firm, corporation, association or other organization, other than the permittee or its authorized representatives shall operate the booth for which the permit is issued or share or otherwise participate in the profits of the operation of such booth.
4. Permit Application. Each qualified applicant for a safe and sane fireworks sales permit shall file a written application with the City showing the following information:
a. Name and address of the qualified applicant.
b. Location where the qualified applicant proposes to sell fireworks. 230
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c. Places of storage for fireworks.
d. Evidence that the qualified applicant meets the criteria specified in this section.
All applications for permits to sell safe and sane fireworks shall be in writing to the City on forms supplied by the City. In addition to the information required above, applications shall set forth any other information that may be required by the City.
Applications shall be accompanied by a certification executed by an authorized representative of the applicant that, if a permit is issued to the applicant, the applicant shall, at the time of receipt of such of permit, deliver to the City a certificate evidencing an occurrence-based policy of insurance naming the “City of Cloverdale and its officials, officers, employees, agents and volunteers” as additional insured’s thereunder, with the following minimum limits: $1,000,000 public liability and property damage; and general aggregate coverage of $2,000,000. No policy will be acceptable that contains a provision allowing a deductible amount. A copy of the requisite State Retail Sales Permit from the Office of the California State Fire Marshal must also be attached.
Every application for a permit to sell safe and sane fireworks shall state the zoning of the real property on which the fireworks stand is to be located, which zoning classification shall be obtained from the City planning department.
The City shall notify permit applicants by June 15 of permit approval or disapproval. All organizations whose permits have been approved shall have up to and including June 20th of that year to pick up their permits.
Every application for a permit shall be accompanied by a non-refundable application fee established by resolution of the City Council. This application fee shall be in addition to any fee or tax imposed by this section.
Every application shall set forth the proposed location of the fireworks stand, the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks booth during the period safe and sane fireworks are sold, displayed or stored at such location, and written permission from the owner of record (or lessor, if the property is subject to lease) upon which said proposed stand will be located.
5. Organization(s) Authorized to Sell. No permit to sell safe and sane fireworks shall be issued to any entities other than qualified applicants, as defined in this section.
6. Maximum Number of Permits to Sell. The maximum number of permits that may be issued and the maximum number of safe and sane fireworks stands that will be permitted pursuant to this section during any one calendar year shall not exceed one permit for each 4,000 residents of the City or fraction thereof, based on the latest official roster of the State of California Census Estimate.
If the number of qualified applicants exceeds the number of permits allowed under this section, the City Council shall select the qualified applicants to whom permits shall be issued by the following method:
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a. Qualified applicants that were permittees during the preceding year shall have first priority for the available permits;
b. If the number of permits allowed for a year exceeds the number of the permittees from the preceding year that are applicants for that year, City staff shall forward a list of applicants who were not permittees the preceding year to the City Manager who shall, not later than on the 5th day of June, supervise an impartial drawing to determine an order of priority for each such application. Following the drawing, the City Manager shall forward to City staff a list of applications, numbered in order of priority for investigation and issuance of permits. Permits will be issued first to all qualified applicants that were permittees the preceding year, and then, in order of priority, to qualified applicants on the drawing list. c. After the authorized number of permits has been determined and all the authorized permits issued, all remaining qualified applicants shall be combined into one group. From that group one applicant shall be drawn as the first alternate and one applicant shall be drawn as the second alternate. The alternates may be offered a permit if one of the permits granted that year is surrendered or revoked prior to June 20th. An alternate permit shall first be offered to the alternate. An alternate permit shall be offered to the second alternate if the first alternate receives a permit and another permit becomes available, or if an alternate permit is available and the alternate declines a permit or ceases to be a qualified applicant.
7. Total Number of Booths Permitted. Fireworks sales permits shall limit each qualified applicant to one booth. The purpose of limiting booths to one per qualified applicant is to allow a maximum number of entities, organizations, or groups to participate in fireworks sales.
8. Insurance Requirements as a Condition of Sale. Each applicant for a permit shall file with the City, prior to the issuance of any permit, a policy of occurrence-type public liability insurance and property damage with applicable coverage of at least $1,000,000 and general aggregate coverage of $2,000,000.
No policy will be acceptable that contains a provision allowing for a deductible amount. The City, its officials, officers, employees, agents, and volunteers shall be named as additional insured’s on such insurance policy by a separate endorsement in a form acceptable to the City.
9. Determination of Eligibility by City—Right of Appeal. The City shall issue a permit to sell safe and sane fireworks unless:
a. The City finds, in writing, that the applicant does not meet the criteria for a qualified applicant as that term is defined in this section;
b. The City finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination regarding compliance with the requirements of this section;
c. The City finds, in writing, that the applicant is not in compliance with any of the requirements of this section;
d. The City finds, in writing, that one or more of the bases for revocation specified in the provision entitled, “Revocation of Permit; Appeal,” of this section applies; 232
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e. The City determines that the number of qualified applicants exceeds the number of available permits under the section entitled, “Maximum Number of Permits to Sell.” The City must advise, in writing, all qualified applicants of this determination no later than June 15th.
Any denial of a permit pursuant to this provision may be appealed pursuant to the procedures set forth in Section 15.14.735 of this Title.
10. Fireworks Booth—Restrictions on Sales.
a. All retail sales of State approved fireworks shall be permitted only within a temporary booth.
Sales from any other building or structure are prohibited. A fireworks booth need not comply with the provisions of the City’s Building Code; provided, however, that every fireworks booth shall be erected subject to inspection by City staff, who shall require that the fireworks booth be constructed in a manner that will reasonably ensure the safety of attendants and patrons. b. No booth shall have a floor area in excess of 750 square feet. All booths in excess of 20 feet in length must have two exits. Larger booths must have an exit for every 20 feet of length located 20 feet apart.
c. No booth shall be located within 25 feet of combustible buildings and/or building openings (windows or doors) or within 50 feet of any flammable materials or within one hundred (100) feet of any gasoline pump or distribution point or a natural gas meter. Location of booths is subject to City approval. d. All weeds and combustible materials shall be cleared in and around each booth for a distance of at least 25 feet in all directions.
e. “No Smoking” signs shall be prominently posted on all fireworks booths. Smoking is prohibited within any fireworks booth, and no person shall smoke within twenty-five (25) feet of any fireworks booth.
f. No person shall light, cause to be lighted or permit to be lighted any fireworks or combustible material within fifty (50) feet of any fireworks booth. No fuel-powered generator or similar equipment shall be allowed within fifty (50) feet of any fireworks booth. g. No electrical devices or open flames are permitted within any fireworks booth, except that lighting shall be permitted if it is covered by a plastic shield. h. Each fireworks booth shall be provided with a minimum of one model 2AB10BC fire extinguisher and one 5-gallon pressure water fire extinguisher, in good working order and easily accessible, for use in case of fire.
i. No person shall knowingly sell fireworks to any person under eighteen (18) years of age.
Proof that the fireworks booth permittee demanded, was shown, and acted in reliance upon, bona fide evidence of age and identity in any sale of fireworks regulated by this section shall be a defense to any proceedings for suspension or revocation of the permittee’s State approved fireworks permit or a criminal proceeding instituted by the City against the permittee for violations of this section. For purposes of this provision, “bona fide evidence of age and identity of purchaser” shall mean a document issued by a federal, state, county or municipal government that contains a photograph and date of birth of the purchaser including, but not limited to, a valid California Driver’s License or an Identification Card issued 233
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to a member of the Armed Forces. Signs shall be posted in conspicuous places on and in the booth indicating “No Fireworks Sales to Persons Under the Age of 18—Photo I.D. Required. j. Each fireworks booth must post its City permit to sell safe and sane fireworks, its temporary sales tax permit from the California State Board of Equalization, its State Fire Marshal Retail Sales Permit and proof of the required insurance in a prominent place inside the fireworks booth. k. Approved banners or other barricades to prohibit parking within 20 feet of the booth shall be provided.
l. Signs must be posted on each booth stating “No fireworks permitted in the unincorporated areas of Sonoma County.”
m. No person under eighteen (18) years of age shall sell or participate in the sale of safe and sane fireworks at a fireworks booth. No person under eighteen (18) years of age shall be permitted inside the booth during hours of operation. Each booth must have an adult in attendance and in charge of operations whenever the booth contains, or is engaged in the sale of, fireworks. The permittee is solely responsible for ensuring the presence of said adult. For the purpose of this section, the term “adult” shall mean any person so defined under California law.
n. No person other than the permittee shall operate the booth for which the permit is issued or share or otherwise participate in the profits of the operation of such booth. o. No persons other than the individuals who are members of the permittee or the adult family members of such members shall sell or otherwise participate in the sale of safe and sane fireworks at such booth.
p. No person shall be paid any consideration by the permittee for selling or otherwise participating in the sale of safe and sane fireworks at such booth; provided, however, that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the booth on its property.
q. All unsold stock of fireworks shall be removed from the booth and located in an approved area immediately after close of business on each and every day of operation. r. All litter resulting from the operation of the fireworks booth shall be removed on a daily basis.
s. No person shall sleep or remain in any fireworks booth after close of business each day or at any time when the booth is closed for business.
t. All unsold stock of fireworks in the possession of the permittee after 10:00 p.m. on the 5th day of July shall be returned to the wholesaler/distributor and removed from the City within ten (10) days.
All safe and sane fireworks booths shall be closed, the booth removed from the temporary location, and all litter shall be removed from the premises by noon on July 15th.
11. Temporary Sales Tax Permit. Permittees are required to obtain a temporary sales tax permit from the California State Board of Equalization.
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12. Limitations on Places and Hours of Discharge.
a. It shall be unlawful for any person to discharge any safe and sane fireworks in the City except between the hours of 11:00 a.m. to midnight on July 4th. Pyrotechnic displays authorized in accordance with this section may be exempted from these restrictions subject to applicable provisions of the California Health and Safety Code. City officials may, in their sole discretion, consult with the Cloverdale Fire Protection District regarding proposed places and hours of discharge. b. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any safe and sane fireworks, or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without the property owner’s consent, or to ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation by human beings. c. The use of safe and sane fireworks in the City shall be limited to private property except as otherwise provided herein. No person shall ignite or discharge any safe and sane fireworks on private open areas such as parks, parking lots or vacant property, without the property owner’s or his or her designated agent’s permission. No person shall ignite or discharge any safe and sane fireworks on public or semi-public open areas such as parks, parking lots or vacant property, excluding public streets and sidewalks, except as authorized in writing by the City and, if applicable, the private property owner or his or her designated agent.
d. Any person who discharges safe and sane fireworks on public or private property shall be responsible for the removal of all spent fireworks debris and litter or rubbish associated with the discharge of fireworks, and for disposition thereof in an appropriate trash receptacle. Spent fireworks debris shall be allowed to cool for at least 30 minutes or immersed in water before discarding in a trash receptacle. e. No safe and sane fireworks shall be discharged in the Fire Hazard Severity Zones (FHSZ) of the City, as established and approved by the City with the assistance of the California Department of Forestry and Fire Protection and within the boundaries set forth on the FHSZ map kept on file in the City Engineer’s office. All fireworks booths shall post a notice of such fireworks ban and a map designating the FHSZ restrictions, in the form provided by the City. Booth operators shall advise persons purchasing State approved fireworks to review the notice and map and advise them of the fireworks restrictions in the FHSZ.
f. It shall be unlawful for any person having the care, custody or control of a minor (under 18 years of age) to permit such minor to discharge, explode, fire or set off any dangerous fireworks at any time, or to permit such minor to discharge or set off any safe and sane fireworks unless such minor does so under the direct supervision of a person over eighteen (18) years of age and during the hours and on the day permitted by this section.
13. Qualified Applicant Reporting Requirement. On or before November 1st of each sales year permittees must submit to the City Manager a financial statement by the treasurer or financial officer of the permittee setting forth the total gross receipts from the fireworks stand operated by the permittee; all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof; and to whom and for what purpose the net proceeds were or will be disbursed, along with the most recent report filed by the qualified applicant with the State Board of Equalization. The filing of the statement required by this section with the City shall be a condition precedent to the granting of any subsequent permit, and 235
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a permittee that fails to file such statement shall not be considered a qualified applicant in the year immediately following its failure to file.
14. Revocation of Permit; Appeal. Any permit issued under this section may be revoked by the City in case of any violation of this section or any terms or conditions of the permit. The City Council may revoke said permit(s) and/or prohibit fireworks sales at any time it deems necessary to protect the health, safety and welfare of the citizens of the City. Any appeal of a permit revocation shall be subject to the following time limitations:
a. If the revocation occurs between June 22 and July 4, the City shall inform the permittee that the permittee may seek review of the City’s decision by the City Manager, or the City Manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, City staff shall provide the City Manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The City Manager, or the City Manager’s designee, shall meet with the permittee on that day, upon the permittee’s request, to review the City’s decision. The decision of the City Manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of paragraph (b) below and section
15.14.735 of this chapter shall apply.
b. If a revocation occurs before or after the dates specified in paragraph a, above, such revocation shall not take effect for ten (10) days, during which time the permittee may seek review of the City’s decision by submitting a written request for review to the City pursuant to the procedures set forth in section 15.14.735 of this chapter. City staff shall provide the City Manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The decision of the City Manager shall be final.
Any permittee whose permit has been revoked, pursuant to paragraph (a) or (b) above, may be barred from receiving a permit under this section for up to five (5) years from the date of revocation.
D. Seizure Of Fireworks. The City may seize, take, remove or cause to be removed, at the expense of the permittee or licensed fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this section when such violation creates an imminent threat to public health or safety, subject to applicable law.
E. Storage Of Fireworks—Generally. Except as otherwise herein provided, the storage and use of fireworks, (except State-approved fireworks purchased for individual or family use) inside buildings is prohibited.
F. Storage Of Safe And Sane Fireworks—Retail. The storage of safe and sane fireworks by permittees conducting retail sales shall be in a non-combustible container or magazine as approved by the City. The location of said storage shall be within the City limits and be approved by the City.
G. Prohibition Against Modification And Discharge Of Safe And Sane Fireworks. No person shall modify, tamper with, disassemble, rearrange and/or combine the contents or original packaging of any State approved firework, nor in any way remove the original packaging labels.
H. Prohibition Against Possession, Use, Display Or Discharge Of Modified Safe And Sane Fireworks. No person shall possess, use, display, discharge or explode any safe and sane fireworks that have been tampered with, disassembled and/or rearranged, nor shall any person possess, use, display, 236
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discharge, explode or combine the contents of multiple safe and sane fireworks, or change the originally intended purpose of Safe and Sane Fireworks.
I. Fireworks Wholesaler Public Education Plan. Each fireworks distributor/wholesaler who is supplying one or more of the Cloverdale nonprofit organizations who are permittees under this section, shall annually submit a Public Education Plan to the City by no later than 5:00 pm on June 15. Said Public Education Plan should outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks distributor/wholesaler within the City. Said public education plan should include, but is not limited to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler’s/distributor’s plan.
J. Deadlines For Applications And Other Filings. If a deadline set forth in this section, including, but not limited to, the time for submitting an application, paying an administrative fine, or filing a notice of appeal, falls on a day when City offices are closed, such deadline shall automatically be extended to the close of business on the next day City offices are open.
15.14.700 – Section 5704.2.9.6.1 Locations Where Above Ground Tanks Are Prohibited. Section 5704.2.9.6.1 is amended to read as follows: Storage of Class I and Class II liquids in above ground tanks outside of buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Cloverdale zoning ordinance.
15.14.705 – Section 5706.2.4.4 Locations Where Above Ground Tanks Are Prohibited. Section 5706.2.4.4 is amended to read as follows: Storage of Class I and Class II liquids in above ground tanks outside the buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Cloverdale zoning ordinance.
15.14.710 – Section 5806.2 Limitations. Section 5806.2 is amended to read as follows: Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Cloverdale zoning ordinance.
15.14.715 – Section 6104.2 Maximum Capacity Within Established Limits. Section 6104.2 is amended to read as follows: Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, are established as all areas of the City except for industrial districts as designated in the Cloverdale zoning ordinance. The aggregate capacity of any one installation outside of established limits shall not exceed a water capacity of 1,000 gallons.
15.14.720 – Chapter 80 Referenced Standards NFPA 13D-22N - NFPA 13D sections added and amended as follows:
Revise Section 5.1.1.2 to read as follows:
NFPA.13D.5.1.1.2. A supply of at least three sprinklers shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.
Add Sections 5.1.1.2.1 as follows:
NFPA.13D.5.1.1.2.1. The sprinklers shall correspond to the types and temperature ratings of the 237
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sprinklers in the property. The stock sprinklers shall include not less than one sprinkler of all types and ratings installed.
Add Sections 5.1.1.2.2 as follows:
NFPA.13D.5.1.1.2.2. The sprinklers shall be kept in a mounted and accessible cabinet located where the temperature to which they are subjected will at no time exceed the maximum ceiling temperatures specified in NFPA 13R Table 5.1.1.6.1 for each of the sprinklers within the cabinet.
Add Sections 5.1.1.2.4 as follows:
NFPA.13D.5.1.1.2.4. One sprinkler wrench, and socket if necessary, as specified by the sprinkler manufacture shall be provided in the cabinet for each type of sprinkler installed to be used for the removal and installation of sprinklers in the system.
Add Section 7.2.1.1 to read as follows:
NFPA.13D.7.2.1.1 On systems protecting in excess of 1500 sq. ft., an additional inspector’s test valve shall be provided when a change of elevation isolates a portion of the system. The valve shall be installed at a high point of the system to function as an air release. The valve shall be identified with signage and protected from unauthorized operation.
Revise Section 7.6 to read as follows:
NFPA.13D.7.6 A local waterflow alarm shall be provided on all sprinkler systems.
Add Section 8.1.3.1.2.1 to read as follows:
NFPA.13D.8.1.3.1 Garages are permitted to be protected by residential sprinklers.
Revise Section 8.3.4 to read as follows:
NFPA.13D.8.3.4 Sprinklers shall not be required in detached garages, open attached porches, detached carports, and similar structures unless otherwise required by the California Building or Fire Codes.
Add Section 8.3.5.2 to read as follows:
NFPA.13D.8.3.5.2 At least one quick-response intermediate temperature residential sprinkler shall be installed within 5 feet and above attic access openings.
Revise Section 11.2.1.1 to read as follows:
NFPA.13D.11.2.1.1 Where a fire department pumper connection is not provided, the system shall be hydrostatically tested at not less than 200 psi without evidence of leakage.
15.14.725 – Chapter 80 Referenced Standards NFPA 13R-22 - NFPA 13R. Amended Sections as follows: NFPA 13R Amended Sections as follows is added as follows:
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Add Section 6.6.6.1.1 to read as follows:
NFPA.13R.6.6.6.1.1 At least one quick-response intermediate temperature residential sprinkler shall be installed within 5 feet and above attic access openings.
15.14.730 – Chapter 80 Referenced Standards NFPA 72-16 - NFPA 72, Amended Sections as follows: NFPA 72 Amended Sections as follows is added as follows:
Amend Section 10.6.7.2.1 The secondary power supply for the protected premises system shall have sufficient capacity to operate the system under quiescent load (system operating in a nonalarm condition) for a minimum of 60 hours.
Amend Section 10.6.7.2.3 The secondary power supply for in-building fire emergency voice/alarm communications service shall be capable of operating the system under quiescent load for a minimum of 60 hours.
Amend Section 10.6.7.2.5 The secondary power supply capacity for supervising station facilities and equipment shall be capable of supporting operations for a minimum of 60 hours.
Amend 10.6.7.2.11 The secondary power supply for communications equipment at the protected premises that is used to transmit signals to a supervising station shall have sufficient capacity to operate the system under quiescent load (system operating in a nonalarm condition) for a minimum of 60 hours.
Add Section 14.7 to read as follows:
NFPA.72.14.7 Labels and Tags
NFPA.72.14.7.1 Labels or tags shall be used on fire alarm systems and shall be placed on the outside of the fire alarm control unit.
NFPA.72.14.7.2 Tags shall be of the hanging or self-adhesive type used on fire alarm systems.
NFPA.72.14.7.3 The following information shall be printed on the labels and tags approved by the fire code official:
1. The words “DO NOT REMOVE BY ORDER OF THE FIRE CODE OFFICAL”
2. Concern Name/Company Name
3. Concern Physical Address
4. Concern Phone Number
5. License Number (State of California Contractor State License Board License)
6. Date of service or testing and maintenance
7. Space or line for signature of person performing or supervising the servicing shall be placed on the tag or label on a fire alarm system except when servicing or testing and maintenance is performed.
NFPA.72.14.7.4 When service or testing and maintenance are performed, the initial date of service or testing and maintenance, the printed name and signature of the person performing or supervising the service shall be placed on the tag or label.
NFPA.72.14.7.5 No person shall remove a tag or label from or place a tag or label on a fire alarm system 239
Ordinance No. ____-2022
except when servicing or testing and maintenance are performed.
NFPA.72.14.7.6 No person shall deface, modify, or alter any tag or label attached to or required to be attached to any fire alarm system.
NFPA.72.14.7.7 The label or tag conforming to this section shall be securely attached to each fire alarm system at the time of servicing or testing and maintenance.
NFPA.72.14.7.8 The label or tag approved by the fire code official shall be affixed to a system only after all deficiencies have been corrected.
NFPA.72.14.7.9 Adhesive labels and tags shall be manufactured in accordance with ANSI/UL 969, Standard for Marking and Labeling Systems, 4th edition, 1995, which is hereby incorporated by reference.
15.14.735 − Section A101 – Appendix A Appeals of Fireworks Booth Sales Permits. Section A101 of Appendix A, Board of Appeals, is deleted and replaced with the following: Fireworks Booth Sales Permits. The following appeals procedure shall apply exclusively to safe and sane fireworks sales permits under this section. Any person aggrieved by a decision of the City to disapprove an application, refuse to grant a permit, place conditions on a permit, or revoke a fireworks booth sales permit shall have a right to appeal the decision to the City Manager, or his/her designee. Except as provided in section 15.14.735, such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten days of the date of the decision. The appeal shall set forth the grounds for the appeal and the name and address of the person requesting the appeal. A failure to file a timely and complete appeal shall render the decision final and conclusive. The City Manager shall, within ten days of the filing of the appeal, set a time and place for a hearing on the appeal. The appeal shall be set no less than five days after the filing of the appeal and no more than sixty days after the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall contain a statement of the facts upon which the determination is based. The City Manager’s determination shall be sent first-class U.S. Mail, postage prepaid to the person requesting the appeal, not later than ten days following the date of such determination. The determination of the City Manager shall be final and conclusive.
15.14.740 − Section B105.1 – Appendix B One and Two Family Dwellings. Section B105.1 of Appendix B is amended to read as follows: The minimum fire-flow requirements for one and two family dwellings having a fire-flow calculation area, which does not exceed 3,600 square feet, shall be 1,500 gallons per minute. Fire flow and flow duration for dwellings having a fire flow calculation area in excess of 3,600 square feet shall not be less than that specified in Table B105.1(1).
15.14.745 − Section B105.2 – Appendix B Buildings Other than One and Two Family Dwellings.
Section B105.2 of Appendix B is amended to read as follows: The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.2.
Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with other sections of this code. The resulting fire flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.2.
15.14.750 – Appendix Table B105.1(1) – Appendix B Required fire flow for one and two family dwellings, Group R3 and R4 buildings and townhouses. Appendix B Table B105.1(1) is amended to read as follows:
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TABLE B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
FIRE-FLOW
CALCULATION AREA
(square feet)
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
0-3,600 No automatic sprinkler system 1,500 2
3,601 and greater No automatic sprinkler system Value in Table B105.1(2)
Duration in Table B105.1(2) at
The required fire-flow rate
0-3,600 Section 903.3.1.3 of the California Fire Code
or Section 313.3 of the California Residential Code
1,500 2
3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code
½ value in
Table B105.1(2)a
Duration in Table B105.1(2) at
The required fire-flow rate
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,500 gallons per minute.
15.14.755 – Appendix Table B105.2 – Appendix B Required fire flow for buildings other than one and two family dwellings, Group R3 and R4 buildings and townhouses. Appendix B Table B105.2 is amended to read as follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.
15.14.760 - Section C103.1 - Hydrant Spacing. Section C103.1 of Appendix C is amended to read as follows: Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with the City of Cloverdale standards or as approved by the Fire Code Official
15.14.765 - Section C103.2 - Average Spacing. Section C103.2 of Appendix C is deleted
15.14.770 - Section C103.3 - Maximum Spacing. Section C103.3 of Appendix C is deleted
15.14.775 − Table C102.1– Appendix C Footnote Additions. Table C102.1 of Appendix C, footnotes “i” and “j” are added to read as follows:
Table C102.1 Footnote i:
For commercial, industrial and multifamily residential buildings, average spacing shall be no greater than 300 feet.
Table C102.1 Footnote j:
Fire hydrants shall be located within 50 feet of the FDC, or as approved by the Fire Code Official. 241
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15.14.780 – Section D103.1 – Appendix D Access Road Width with A Hydrant. Section D103.1 of Appendix D is deleted.
15.14.785 − Section D103.2 - Appendix D Grade. Section D103.2 of Appendix D is amended to read as follows: Fire apparatus access roads shall be in accordance with the City of Cloverdale standards for public streets or as approved by the Fire Code Official.
15.14.790 − Section D103.3 Appendix D Turning Radius. Section D103.3 of Appendix D is amended to read as follows: The turning radius of a fire apparatus access road shall be not less than 25 feet inside and 45 feet outside unless otherwise approved by the Fire Code Official.
15.14.795 − Section D103.4 Appendix D Dead End. Section D103.4 of Appendix D is amended to read as follows: Dead-end fire apparatus access roads in excess of 150 feet (45720 mm) shall be provided with width and turnaround provisions in accordance with the City of Cloverdale Standards for public streets or as approved by the Fire Code Official.
15.14.800 − Table D103.4 Appendix D Deleted. Appendix D Table D103.4 is deleted.
15.14.805 − Section D103.6 Appendix D Signs. Section D103.6 of Appendix D is amended to read as follows: Where required by the Fire Code Official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs that comply with the California Vehicle Code.
15.14.810 – Section D103.6.1 Appendix D Roads 20 to 26 feet in width. Section D103.6.1 of Appendix D is deleted.
15.14.815 – Section D103.6.2 Appendix D Roads more than 26 feet in width. Section D103.6.2 of Appendix D is deleted.
15.14.820 − Section D104.2 Appendix D Buildings Exceeding 62,000 square feet in Area (Exception). Section D104.2 of Appendix D Exception is deleted.
15.14.825 − Section D106.1 Appendix D Projects having more than 100 Dwelling Units (Exception).
Section D106.1 of Appendix D is amended to delete the exception and read as follows: D106.1 Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads.
15.14.830 − Section D106.2 Appendix D Projects having more than 200 dwelling units. Section D106.2 of Appendix D is deleted.
15.14.835 − Section D107.1 Appendix D – One or Two Family Residential Developments. Section D107.1 is amended to read as follows: Developments of one or two family dwellings with more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads.
15.14.840 − Section D107.1 Appendix D Exceptions Deletion. Exceptions 1 and 2 to Section D107.1 of Appendix D are deleted.
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Chapter 15.16
CALIFORNIA EXISTING BUILDING CODE
Sections:
15.16.10 Adoption and Citation
15.16.020 Section 1.8.4.2 Fees Chapter One Division I and Section 108.2 Schedule of Permit Fees, Section 108.4 Work Commencing Before Permit Issuance Chapter One Division II
15.16.030 Section 202 Code Official Definition
15.16.040 Section 302.7 Maintenance
15.16.10 − Adoption and Citation. The California Existing Building Code, 2022 edition, including tables and its Appendix A Guidelines for the Seismic Retrofit of Existing Buildings, Chapter A1 Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings; Chapter A2 Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diahragms; Chapter A3 Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood- Frame Residential Buildings; Chapter A4 Earthquake Risk Reduction in WoodFrame Residential Buildings with Soft, Weak or Open Front Walls; and Chapter A5 Referenced Standards, as set forth in Part 10 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, except that for purposes of citation, said code shall be renumbered by adding "15.16" before the sections of the California Existing Building Code.
15.16.020 – Section 1.8.4.2 Fees of Chapter One Division I and Sections 108.2 Schedule of permit fees, Section 108.4 Work Commencing Before Permit Issuance of Chapter One Division II. Sections 1.8.4.2 Fees of Chapter One Division I and Sections 108.2 Schedule of permit fees and Section 108.4 Investigation Fees of Chapter One Division II are deleted in its entirety: Permit fees, plan review fees and investigation fees shall be assessed as provided in Cloverdale Municipal Code chapter 15.02.
15.16.030 – Section 202 Definition – Section 202 Code Official definition is amended to read as follows: The officer or other designated authority charged with the administration and enforcement of this code shall be the Building Official.
15.16.040 – Section 302.6 Maintenance – Section 302.6 is added to read as follows: Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the Building Official shall have the authority to require a building or structure to be re-inspected. The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
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Chapter 15.17
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
15.17.010 Adoption and Citation
15.17.020 Adoption of Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A4, Section A4.601.1 - Scope
15.17.030 Adoption of Non-Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A5, Section A5.601.1 – Scope
15.17.040 Section 202 – Definition of “plants - invasive plants”
15.17.050 Section 202 – Definition of “recycled water”
15.17.060 Section 202 – Definition of “water feature”
15.17.010 − Adoption and Citation. The California Green Building Standards Code, 2022 edition, including tables and appendices “A4” and “A5”, as set forth in Part 11 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding "15.17" before the sections of the California Green Building Standards Code.
15.17.020 − Adoption of Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A4, Section A4.601.1-Scope. Appendix A4, Section A4.601.1 Scope is amended to read as follows: The measures contained in this appendix are adopted as MANDATORY and shall only apply to all newly constructed, low-rise residential buildings. Division A4.2 - Energy Efficiency is deleted in its entirety.
15.17.030 − Adoption of Non-Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A5, Section A5.601.1–Scope. Appendix A5, Section A5.601.1 Scope is amended to read as follows: The measures contained in this appendix are adopted as MANDATORY and shall only apply to all newly constructed non-residential buildings. Division A5.2 – Energy Efficiency is deleted in its entirety.”
15.17.040 – Section 202 – Definition of “plants - invasive plants.” The definition of “PLANTS - Invasive plants” set forth in Section 202 is amended to read as follows: PLANTS - Invasive plants. Invasive plants are species of plants not historically found in California and/or that spread outside cultivated areas and can damage environmental or economic resources as determined by the California Invasive Plant Council (www.cal-ipc.org).
15.17.050 – Section 202 – Definition of “recycled water.” The definition of “RECYCLED WATER” set forth in Section 202 is amended to read as follows: RECYCLED WATER. Tertiary treated water, which results from the treatment of wastewater, and which conforms to the definition of disinfected tertiary recycled water in accordance with state law. Recycled water is suitable for nonpotable direct beneficial uses such as landscape irrigation and water features.
15.17.060 – Section 202 – Definition of “water feature”. The following definition of “WATER FEATURE” is hereby added to Section 202 to read as follows: WATER FEATURE. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, and artificial streams (where water is artificially supplied). Water feature does not include spas and swimming pools.
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Chapter 15.18
CALIFORNIA REFERENCE STANDARDS CODE
Sections:
15.18.10 Adoption and Citation
15.18.10 − Adoption and Citation. The California Reference Standards Code, 2022 edition, including tables, as set forth in Part 12 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, except that for purposes of citation, said code shall be renumbered by adding "15.18" before the sections of the California Reference Standards Code.
Section 5. Compliance with the California Environmental Quality Act: The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 6. Severability: If any section provision, of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
Section 7. Effective Date and Publication: This ordinance of the City of Cloverdale shall be effective thirty (30) days after the date of passage. Before the expiration of fifteen (15) days after its passage, this ordinance, or a summary thereof as provided in California Government Code Section 36933, shall be published at least once in a newspaper of general circulation, published and circulated in the City of Cloverdale, along with the names of the members of the City Council voting for and against its passage.
INTRODUCED by the City Council of the City of Cloverdale on the 9th day of November, 2022, and passed and adopted on _______________, 2022 by the following roll call vote:
Ayes: (_) Councilmember Brigham, Councilmember Cruz, Councilmember Turner, Vice Mayor Wolter and Mayor Bagby
Noes: (_) None
Absent: (_)
Abstaining: (_) None
SO ORDERED: ATTEST:
________________________________ ________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Date: ___________________________
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City Council/Successor Agency
Agenda Item Summary Agenda Item: G.1
Meeting Date: November 9, 2022
Agenda Section:
New Business
Staff Contact:
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir.
Agenda Item Title:
Discussion on potential participation in countywide ban on construction of new gas station infrastructure _______________________________________________________________________________________ Recommended Council Action(s):
Receive update on countywide ban on construction of new gas stations and discussion on the City potentially participating in the countywide ban and provide direction to staff. ________________________________________________________________________________________ Background:
On March 1, 2021, the City of Petaluma became the first local government in the country to adopt a prohibition on new gas station land uses within the city’s boundaries.
On September 13, 2021, the Sonoma County Regional Climate Protection Authority (RCPA) recommended that all local jurisdictions in Sonoma County cease acceptance of all applications for new gas stations or expansion of existing infrastructure in their jurisdiction, pursuant to Resolution No. 2021-003. The RCPA Power Point presentation and staff report are provided in Attachments 1 and 2. The City of Santa Rosa, Cotai, Rohnert Park, Sebastopol, Petaluma and the Town of Windsor have already adopted similar bans, and the remaining cities have expressed interest in participating as well.
In Cloverdale, gas stations are allowed with a Conditional Use Permit in the General Commercial (G-C) and Service Commercial (S-C) Zoning Districts, subject to specific standards for Automobile Service Stations (Section 18.09.200). The Zoning Ordinance primarily uses the term “Automobile Service Station” but also the term “Gasoline Service Station” is used. Both are defined as follows: “A retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as: dispensing of automotive fuel and motor oil; vehicle washing and lubricating services; sale and servicing of tires, batteries, replacement items and other automotive accessories; and minor automotive repair. This definition does not include body or fender work, painting or major automotive repairs and similar activities. Gasoline service stations may also provide a towing service limited to no more than two trucks and equipment rental, subject to use permit conditions of approval by the reviewing agency.” The status of the six existing gas stations in Cloverdale is shown in Table 1, below.
TABLE 1. EXISTING GAS STATIONS IN CLOVERDALE
Name Address
Quick Stop 601 N. Cloverdale Blvd
Fast & Easy 418 S. Cloverdale Blvd
Gas N Go 690 S. Cloverdale Blvd
Chevron 1165 S. Cloverdale Blvd
Sinclair 1194 S. Cloverdale Blvd
Renner 1313 S. Cloverdale Blvd
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City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. G.1
Summary:
A ban on new gas stations and expansion of fossil fuel infrastructure at existing gas stations would require amendments to the General Plan and Zoning Ordinance. Should the Council decide to proceed, the following topics would be reviewed, in addition to further direction provided by the Council.
Necessary General Plan Amendments
Review the proposed ordinance for consistency with the General Plan and draft amendments as needed.
The General Plan currently specifies that the Destination Commercial (DSC) land use designation is intended to encourage recreation and tourist-commercial uses which includes service stations. This statement would need to be deleted to support a gas station ban. An amendment to ban gas station and the expansion of fossil fuel infrastructure would advance the following General Plan policies:
Policy CDO 3-7 Remove or upgrade the appearance of structures that were built when Cloverdale Boulevard was a state highway, and are no longer appropriate for the City’s main arterial street, including small gas stations, auto repair facilities, and motor court type uses.
Policy CDO 8-2 Use, support, and encourage energy and resource efficient methods in private construction.
Policy CDO 8-3 Inventory and work to reduce Greenhouse Gas Emissions (GHG).
Necessary Zoning Ordinance Text Amendments
1) Remove gas stations as an allowed use in Zoning Ordinance Table 18.05.030-A (Uses Permitted Within Commercial Zoning Districts) and Section 18.04.040 (Alexander Valley Resort Specific Plan zoning district development standards), rendering all existing gas stations in Cloverdale as non-conforming uses.
2) Amend Zoning Ordinance Section 18.02.090 (Nonconforming Uses, Structures, Lots and Signs) to add a new section with specific standards for non-conforming gas stations (Attachment 4) to expand the portions of the business that are not fossil-fuel related and to encourage the transition to zero emission vehicles.
3) Clarify definitions as needed (automobile service station, gasoline service station). 4) Review and provide recommendations for any fuel-related uses that could be permitted as an accessory use.
City Council Review and Recommendations
On September 28, 2022, the City Council held a preliminary discussion on the potential adoption of an Ordinance prohibiting the construction of new gas stations and expansions of existing gas stations within the City. Staff is recommending the Council consider Attachment 4, a proposed section to the added to the Zoning Ordinance that addresses the Council's concerns of September 18, 2022.
During the preliminary review, the Council made the following recommendations:
• When an existing gas station has been discontinued for a continuous period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use, the gas station could not then be re-established. – Language in the proposed Zoning Section 18.02.095 allows for up to a two-year extension for the non-conforming use.
247
City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. G.1
• Allow existing gas stations the ability to expand portions of the business that are not fossil-fuel related. Zoning Section 18.02.095 gas station uses, and structures related thereto shall not be enlarged or extended, however gas station uses may be altered to accommodate commercial uses that are not related to fossil fuel sales, as permitted by the respective zoning district. _______________________________________________________________________________________ Options:
1. Provide direction to staff
________________________________________________________________________________________ Subcommittee Recommendation:
Bring forward for consideration
________________________________________________________________________________________ Budget/Financial Impact:
The recommended action will not result in any direct fiscal impacts since the City’s existing gas stations would be permitted to continue operating. However, the City would forgo new tax revenues that could have resulted from potential new gas stations and/or gas station expansions.
In addition, should the Council decide to move forward, funds may be needed for environmental review, as the adoption of a Zoning Ordinance text amendment to ban the construction of new gas station infrastructure is anticipated to be exempt from further CEQA review under the common sense rule (Section 15061(b)(3)) and the exemption for actions by regulatory agencies to protect the environment (Section 15308). However, this determination is subject to further review. Consideration is needed for potential VMT impacts, impacts to disadvantaged communities, and cumulative impacts. ________________________________________________________________________________________ Attachments:
1. Sonoma County Regional Climate Protection Authority (RCPA) Staff Report /Resolution No. 2021-003
2. RCPA Power Point, September 13, 2021
3. Climate Emergency Resolution No. 01-2018
4. DRAFT Section 18.02.095 Nonconforming Gas Stations
5. Letter from CONGAS dated October 14, 2022
248
ATTACHMENT 1
249
250
251
252
411 King Street, Santa Rosa, CA 95404 | 707.565.5373 | scta.ca.gov | rcpa.ca.gov 253
N/A
254
1 California Office of Emergency Services, based on retail fuel station gasoline sales information from 2010 to 2016 of the California Retail Station Annual Report.
2 https://www.gov.ca.gov/wp-content/uploads/2020/09/9.23.20-EO-N-79-20-Climate.pdf 255
3 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/08/05/executive-order-on-strengthening-american-leadershipin-clean-cars-and-trucks 4 https://news.un.org/en/story/2021/08/1097362
256
257
rcpa.ca.gov
Ban on Construction
of New Gas Stations
RCPA Board Item 4.2
September 13, 2021
1 ATTACHMENT 5
258
rcpa.ca.gov
Issue
Background
Recent Actions
Areas of RCPA Support
Points of RCPA Resolution
Recommendation
01 02
03 04
05 06
AGENDA
rcpa.ca.gov 2 259
rcpa.ca.gov
ISSUE
• Shall the RCPA Board adopt a resolution supporting
local actions to ban new gas stations?
• How best shall RCPA support its member
jurisdictions in adopting gas station bans?
3 260
rcpa.ca.gov
BACKGROUND – GLOBAL AND FEDERAL POLICY CONTEXT
• Intergovernmental Panel on Climate Change (IPCC) Report – 2021 Working Group 1 Report on the science of global heating – Report conclusions are considered “a code red for humanity”1 • Biden Administration Executive Order
– Sets 2030 goal that 50% of all new passenger cars and light trucks sold be zero-emission vehicles2
– Starts development of long-term fuel efficiency & emissions standards 4 1 https://news.un.org/en/story/2021/08/1097362 2 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/08/05/executive-order-on-strengthening-american-leadership-in-clean-cars-and-trucks/ 261
rcpa.ca.gov
BACKGROUND – STATE AND LOCAL POLICY CONTEXT
• State Executive Orders
– By 2025, installation of 250,000 electric vehicle (EV) charging stations1 – By 2030, target of five million zero-emission vehicles1 – By 2035, all new vehicles sold must be zero-emission3 – By 2045, achieve carbon neutrality2
• Local Policies – Climate emergency resolutions adopted by RCPA and all ten jurisdictions – Sonoma Climate Mobilization Strategy adopted by RCPA Board – Petaluma gas station ban adopted for operations within city limits – Santa Rosa, Sebastopol, and Cotati are also studying options 5 1 https://www.ca.gov/archive/gov39/2018/01/26/governor-brown-takes-action-to-increase-zero-emission-vehicles-fund-new-climate-investments/index.html 2 https://www.ca.gov/archive/gov39/wp-content/uploads/2018/09/9.10.18-Executive-Order.pdf 3 https://www.gov.ca.gov/wp-content/uploads/2020/09/9.23.20-EO-N-79-20-Climate.pdf 262
rcpa.ca.gov
BACKGROUND – CURRENT CONDITIONS
• 138 gas stations in Sonoma County
concentrated along major corridors1
• Jurisdictions continue to receive
applications for new gas stations
• Impacts on public health and
environment – toxic air pollution,
surface water runoff, leaking
underground storage tanks
• Existing land use policies designed to
facilitate city-centered development
6 1 California Office of Emergency Services, based on retail fuel station gasoline sales information from 2010 to 2016 of the California Retail Station Annual Report. 263
rcpa.ca.gov
RECENT ACTIONS
• March 1, 2021: City of Petaluma adopted ordinances
prohibiting new gas station land uses
• May 10, 2021: Cotati requested RCPA to discuss gas
station ban ordinance at future meeting
• May 12, 2021: Santa Rosa Climate Action
Subcommittee received presentation and directed
staff to draft ordinance language for review
• August 3, 2021: Sebastopol City Council directed staff to draft ordinance for Planning Commission and then
brought to the full City Council in fall
• City of Cotati developing ordinance for City Council
consideration as a component of a larger greenhouse
gas reduction strategy
7 264
rcpa.ca.gov
AREAS OF RCPA SUPPORT TO LOCAL JURISDICTIONS
• Coordinate with jurisdictions to identify common barriers and develop consistent strategies to reduce emissions
• Provide analysis of gas station locations and proximity to population centers and travel corridors
• Create guidance documents for planning staff to develop jurisdiction-specific gas station ban ordinances
8 265
rcpa.ca.gov
RCPA RESOLUTION
• Recommendation that the County of Sonoma and incorporated jurisdictions cease acceptance of all applications for new gas stations or expansion of existing gas station infrastructure in their local jurisdictions • Commits RCPA staff to work with its local government members to assist with policy development and implementation to reduce emissions • Encourages the development of clean-emission public transportation networks, installing safe and connected pedestrian and bicycling infrastructure, and expanding efforts to serve zero-emission vehicles 9 266
rcpa.ca.gov
PROPOSED CHANGE
• NOW THEREFORE, BE IT RESOLVED, that the Regional Climate Protection Authority (RCPA), recommends ceasing all processing acceptance of all applications for and permitting of new gas stations or expansion of existing gas stations infrastructure throughout Sonoma County; and • BE IT FURTHER RESOLVED, that the RCPA recommends that the County of Sonoma and the incorporated jurisdictions of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, and Windsor cease all processing acceptance of all applications for and permitting of new gas stations or expansion of existing gas stations infrastructure in their local jurisdiction; and
10 267
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RECOMMENDATION
Staff requests Board direction on:
• Approval of a resolution supporting local action to ban the construction of new gas stations in alignment with
our Sonoma Climate Mobilization goal of achieving
carbon neutrality in Sonoma County by 2030.
• Facilitating a meeting among planning staff from all
jurisdictions to discuss a coordinated approach and
opportunities for resource sharing.
11 268
rcpa.ca.gov
Questions?
BC Capps
Climate Change Program Specialist
Regional Climate Protection Authority
707-565-5361
[email protected]
Thank You!
rcpa.ca.gov 12 269
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. 91–2019
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVERDALE
DECLARING A CLIMATE EMERGENCY AND ADOPTING IMMEDIATE
EMERGENCY MOBILIZATION ACTIONS TO RESTORE A SAFE CLIMATE AND ACHIEVE ZERO NET CARBON EMISSIONS BY 2030
WHEREAS, human activities have warmed the Earth to a point that threatens climate stability, and climate change has already set in motion catastrophic changes to the Earth’s systems, including fresh water scarcity and droughts, floods, extreme weather events and increased heat, wildfires, accelerating ice mass loss that will result in sea-level rise, and species extinction; and WHEREAS, the current pace and scale of national climate action is not sufficient to avert substantial damage to the economy, environment, and human health over the coming decades; and WHEREAS, the October 8, 2018 special report of the United Nations Intergovernmental Panel on Climate Change (IPCC) projected that curtailing warming to 1.5°C to reduce the risks to health, livelihoods, food security, water supply, human security, economic growth and plant and animal life this century, will require an unprecedented transformation of every sector of the global economy over the next 12 years; and
WHEREAS, on November 23, 2018 the Federal Government issued the Fourth National Climate Assessment1 detailing the massive threat that climate change poses to the American economy and underscoring the need for immediate climate emergency action at all levels of government; and WHEREAS, critical tipping points must be avoided, as they will have cascading feedback effects that are predicted to cause an increasingly uncontrollable climate emergency that includes a devastating burden to the global economy, and with current greenhouse gas (GHG) emission levels these tipping points could be passed as soon as 2050; and
WHEREAS, restoring a safe and stable climate requires an emergency mobilization to reach zero greenhouse gas emissions across all sectors, to rapidly and safely draw down or remove all the excess carbon from the atmosphere, and to implement measures to protect all people and species; and WHEREAS, a just transition away from fossil fuels requires the development of a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members; and WHEREAS, marginalized communities worldwide—including people of color, immigrants, indigenous communities, low-income people, those with disabilities, and the unhoused—are already disproportionately affected by climate change and must benefit from a just transition to a sustainable and equitable economy; and
1 https://nca2018.globalchange.gov/
270
Resolution No. 91-2019
WHEREAS, on September 10, 2018, the State of California’s Governor Brown issued an executive order establishing a 2045 statewide target to achieve carbon neutrality, and on the same day, Senate Bill 100 was passed, which sets a 100% clean electricity goal for the State by 2045; and WHEREAS, the City of Cloverdale General Plan Adopted by the City Council of the City of Cloverdale by Resolution 022-2009 Contains Policies that supports program to reduce GHG emissions; and WHEREAS, Goal No. 1 of the Conservation Element of the General Plan supports development and maintenance of a balanced vehicular and non-vehicular transportation system to meet the mobility needs consistent with General Plan land use goals and policies and provides for a balance of land uses within the General Plan Study Area for housing, jobs, economic development, recreation, and destination commercial uses; and
WHEREAS, Goal No. 3 of the Conservation Element of the General Plan promote bicycle use and walking as an alternative to automobile traffic and for community health and enjoyment; and WHEREAS, California’s Fourth Climate Change Assessment2 warned that extreme weather and climate-related events in the United States are worsening, predicting increased drought cycles and heat waves in the western U.S. with a resulting three-fold increase in intensity and magnitude of wildfires, declined water supply and snow pack, increased flooding, impacted agriculture, as well as substantial damages to the U.S. economy and human health, unless GHG emissions are curbed; and WHEREAS, the California Legislature has set clear climate objectives for the next decade, including a 40% reduction in 1990 level GHG emissions by 2030; 50% renewable energy; 50% reduction in petroleum use in vehicles and a doubling of energy efficiency savings in existing buildings3 ; and
WHEREAS, Sonoma County has already begun to experience extreme climate-related events, including six years of drought, the October 2017 Northern California wildfires, which caused more than $9.4 billion in damage and killed forty-four people, and the February 2019 Winter Storms and Flooding that caused over $150 million in damages and resulted in the declaration of a local health emergency due to the scale of household hazardous waste scattered along waterways, roadsides and on public and private properties after flooding; and
WHEREAS, Sonoma County public agencies have taken a number of important actions to reduce GHG emissions and enhance quality of life in our community, including long-term commitments to preserving over 100,000 acres of both agricultural and open space lands; setting and meeting a goal to deliver carbon free water; offering cost effective programs to reduce energy use and conserve water; and establishing Sonoma Clean Power, a regional community choice energy provider offering the first 100% local renewable power option in California; and
WHEREAS, the current scale and rate of expansion of local government action has not resulted in the necessary reductions in global greenhouse gas emissions to enable us to limit global temperature 2 http://www.climateassessment.ca.gov/
3 https://ww3.arb.ca.gov/cc/pillars/pillars.htm
271
Resolution No. 91-2019
increase to well below 2°C above pre-industrial levels and no more than 1.5°C as outlined in the 2016 Paris Climate Accord and recommended by the United Nations Intergovernmental Panel on Climate Change (IPCC); and
WHEREAS, many of the major climate change drivers - energy generation, fuel standards, consumption patterns, product design and specification and large-scale infrastructure investments – are dispersed across both the private and public sector and are controlled at scales larger than local and regional governments; and
WHEREAS, in order to avoid irreversible, catastrophic climate change impacts, we cannot only focus on reducing emissions but must also dramatically increase and enable meaningful carbon sequestration while preparing communities now for significant climate impacts; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cloverdale declares that a climate emergency threatens humanity and the natural and built environments; and BE IT FURTHER RESOLVED, that the City of Cloverdale joins a nationwide call for a just transition away from fossil fuels and an urgent collaborative climate mobilization effort focused on enacting policies that dramatically reduce heat-trapping emissions, and rapidly catalyzing a mobilization at all levels of government to restore a safe climate; and
BE IT FURTHER RESOLVED, that an urgent global climate mobilization effort to reverse global warming is needed to achieve zero net emissions as quickly as possible and that full community participation, inclusion and support is integral to our efforts to safely draw down carbon from the atmosphere and accelerate adaptation and resilience strategies in preparation for intensifying climate impacts; and
BE IT FURTHER RESOLVED, the City of Cloverdale acknowledges that successful climate action and a just transition at scale requires that we work both within and outside of our regional boundaries and across sectors to accelerate the necessary systems change required to address the climate emergency; and
BE IT FURTHER RESOLVED, the City of Cloverdale, commits to contributing to the development of a countywide 2030 Climate Emergency Mobilization Strategy that focuses on identifying key local actions – including a ten-year Emergency Policy Package prioritizing a short list of the most impactful local policies that will drive systems change and identify the key areas for state level advocacy; and BE IT FURTHER RESOLVED, the City of Cloverdale commits to identifying a Climate Emergency Mobilization Liaison to drive this effort in our jurisdiction and to provide financial resources to support the participation of a designated RCPA staff member in the RCPA coalition of local governments mobilizing regional climate action; and
BE IT FURTHER RESOLVED, the City of Cloverdale establishes the development and implementation of the 2030 Climate Emergency Mobilization Strategy as Council priority, in alignment with statewide and regional climate goals, and directs staff to work with the RCPA and coalition members to integrate climate change considerations into all policies; and. 272
273
274
Resolution No. 91-2019
Exhibit A
City of Cloverdale Actions Toward Achieving
Zero Net Carbon Emissions by 2030
Community Engagement
• Promote Climate Matters on City Web Site/Social Media. Actively promote the City’s goals, efforts and initiatives related to climate on the City’s website and social media accounts.
• Resiliency strategies. Examine our risks and vulnerabilities around climate change and aging infrastructure and look to renewables and new technologies to create energy security and resiliency.
• Update Legislative platform. Update our legislative platform to reflect our stated climate goals to address regional state and national climate drivers. Support the following measures:
1. Lobby California Legislature to phase out new oil and gas permits and
2. Implement a managed decline of fossil fuels in California
3. Support funding and development of EV Network and Infrastructure
4. Funding for regional transportation improvements (e.g. SMART Train and Great Redwood Trail).
5. Funding for emergency preparedness and implementation of resiliency infrastructure that address the needs of the City of Cloverdale. • Design a Community Engagement Plan with the goal of increasing community engagement and that:
1 Takes in consideration the 2030 Climate Mitigation Plan to engage and involve the community
2 Encourages the school to utilize Google classroom
3 Educates and encourages the community and the school about the use of free transportation
4 Includes active outreach to underserved communities regarding climate change and resiliency measures
5 Folds the goals into the Local Hazard Mitigation Plan 6 Assesses and monitors on going climate efforts/actions through the Planning and Community Development Subcommittee
Land Use
• Update Zoning Ordinance. Consider as part of the upcoming SB2 Grant Funding a comprehensive update to various sections of the Zoning Ordinance, to include policies that promote and/or incorporate best practices to remove barriers to development of the dense, compact, fiscally-stable, pedestrian- and bicycle- friendly, zero-emission in 275
Resolution No. 91-2019
Exhibit A
the Downtown and Transit Oriented Development districts. This could include the following measures:
1. Reduction of parking standards;
2. increased density, and
3. Incentivizing best practices by offering streamlined/priority/”by-right review” for projects that meet Zero Net Energy objectives.
Building Energy
• Increase Building Energy Efficiency. Consider conducting energy audits on all public buildings and facilities to identify ways to increase efficiency and make a more comfortable productive work environment.
• Increase Renewable Energy Use. Explore the idea of installing photovoltaics on City owned buildings and facilities.
• Reduce Water Consumption. Continue to replace water intensive landscaping in common and other areas managed by the City.
• Consider Adopting an All-Electric “Reach Code.” Include an all-electric code as part of the City’s 2019 California Building Code Update that would apply to new low-rise residential development (single-family homes, detached accessory dwelling units, and multi-family buildings up to three-stories) starting in 2020.
Solid Waste
• Implement Zero-Waste Resolution. Implement the zero-waste resolution adopted by the City Council as recommended by Zero Waste Sonoma, the joint powers authority formerly known as Sonoma County Waste Management Agency, or SCWMA.
• Make it Easy to Recycle. Strive to install recycling containers for metal, paper, and plastics at all trash container locations in the City of Cloverdale. • Strive to make Friday Night Live Zero Waste. Work with Cloverdale Arts Alliance to implement measures to reduce waste from events. Allow for reusable cups, utensils and plates.
• Consider Polystyrene Ban. Consider passing a ban on polystyrene food service containers as recommended by Zero Waste Sonoma.
276
Resolution No. 91-2019
Exhibit A
Transportation
• Consider Electrified Fleet Mix. When possible, replace City pool vehicles, light- and heavy-duty trucks, and other mobile equipment with models that run fully on electricity. Heavy-duty truck and equipment replacement are dependent on availability of models to meet operational duty cycles. • Encourage the Switch to Clean Vehicles. Continue to expand the number of electric vehicle charging stations in Cloverdale through direct installation of public charging stations and through public/private partnerships.
• Consider Updating the Bike and Pedestrian Master Plan. Update the City’s current Countywide Bicycle and Pedestrian Master Plan created by SCTA and adopted in 2008 to reflect more closely the needs of Cloverdale.
• Consider Development and Implementation of a Complete Streets Plan. Utilize the Complete Streets model to support multi-modal transit to accommodate travelers who walk and bike as part of project planning and design work. • Continue support and implementation of safe routes to school and encourage walking to school
Water Delivery and Treatment
• Waste Water PV Solar Energy System. Consider the construction and implementation of solar photovoltaic system at the City’s wastewater treatment plant.
Other
• Equitable Public Health Action Plan. Work with Health Action Network Cloverdale to encourage and assist a coordinated effort among all health care providers to anticipate and prepare for the inevitable health consequences (physical and mental/emotional) resulting from climate change.
• Plant Trees: Plant (appropriate) trees throughout City-owned public space. (Trees provide shade, sequester atmospheric carbon, improve air quality, reduce urban heat island effect, help retain soil moisture, provide habitat, increase property values, etc.) 277
Zoning Text Amendments - Section 18.02.090 (Nonconforming Uses, Structures, Lots and Signs)
18.02.095 – Non-Conforming Gas Stations
A. Purpose. To implement adopted greenhouse gas emissions reduction policies and City Council Climate Emergency Resolution No. 91-2019 through regulations that:
1. Provide for the continued operation of gas stations as legal non-conforming uses and describe when they may be deemed abandoned.
2. Allow alterations to gas stations when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of Zero Emission Vehicles, or enable other uses permitted within the respective zoning district.
3. Prohibit gas station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.
B. Applicability. This section applies to:
1. All lawfully developed and operating gas stations in existence prior to [insert ordinance effective date].
2. All gas stations not yet developed and/or operating but subject to an approved and unexpired land use permit or a planning entitlement application that was submitted prior to the effective date of the ordinance.
C. Modifications to Gas Stations, Generally. Except as provided below, gas station uses and structures related thereto shall not be enlarged or extended. As determined by the Community Development Director, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers).
D. Modifications to Improve Soil, Groundwater and Stormwater Quality. Gas station uses may be modified to conform to current stormwater quality control regulations or remediate contamination of the soil or groundwater.
E. Modifications to Improve Traffic Safety. As determined by the City Engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a gas station may be modified to improve public safety.
F. Modifications to Enable Zero Emission Vehicle Battery Charging Station. Gas station uses may be modified to accommodate battery charging station(s) for zero emission vehicles. Pursuant to Government Code Section 65850.7, the Zoning Ordinance requires no permit for battery charging stations.
G. Modifications for Commercial Uses Other Than Fossil Fuel Sales. Gas station uses may be altered to accommodate commercial uses that are not related to fossil fuel sales, as permitted by the 278
respective zoning district.
H. Discontinuation of a Gas Station Uses or Structures. A gas station use shall not be re-established if such use has been discontinued for a continuous period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Community Development Director may extend the 12-month timeframe for an additional 12 months when presented with documentation demonstrating construction has been pursued diligently and timely.
I. Maintenance. Notwithstanding the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety, including replacement and/or relocation of gas pumps on site without increasing the number of gas pumps. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed necessary. 279
Cloverdale City Council
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
To: Cloverdale City City Council
From: The Coalition Opposing New Gas Stations (CONGAS)
Date: October 14, 2022
Re: CONGAS responses to concerns raised on September 28 Agenda item G.1 – Consideration of moving ban on construction of new gas station infrastructure to the Planning Commission
Dear Mayor Lands, Vice Mayor Wolter, and Councilmembers:
Thank you again for bringing this issue forward for consideration, and thank you for raising the questions and concerns at the City Council meeting on September 28. Below is a brief summary of the concerns raised in italics, with some responses to those questions and concerns in plain text. Note that some similar concerns, raised more than once in the meeting, have been collapsed into a single response.
1. Concern about an existing gas station closing. Would a new vendor be able to reopen in the same location.
Response: CONGAS would not oppose a policy that would allow a developer to replace an existing gas station, within a set time limit, if one of the existing ones were to close. This policy would be similar to the one adopted in Windsor. Item H in the nonconforming uses section:
2. Why is this a city government decision? Why not leave it to market forces? Cities have always played an appropriate decision-making role in the permitting of new gas stations. Zoning codes have designated locations where gas stations may be permitted – or Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 1 280
prohibited. The proposed ordinance would simply remove gas stations as a permitted use in all land use zones. The reason the city needs to take this action is that many gas station developers continue to base their decisions about developing a new gas station on past market conditions. Such a method can no longer be relied upon as a means of forecasting future market conditions. The state is on a trajectory to phase out fossil fuel by 2045 and gasoline sales volumes will only decline over the coming years. A city prohibiting new gas stations is arguably doing developers a favor given that their decision to build likely rests upon erroneous expectations and assessment of the coming market dynamics.
Market forces do not account for “externalities” such as air pollution, groundwater contamination, and soil contamination. It is a government’s role to take action that will protect the health of its residents and to protect its taxable land from uses that will degrade the future value of the property.
3. A suggestion to exclude diesel fuel stations from the ordinance.
Response: CONGAS is not familiar with any proposals for diesel-only fuel stations, or developers that propose such stations. However, if such stations were to be proposed, CONGAS would oppose them. Petroleum diesel is a fossil fuel and is typically dispensed at retail gasoline stations, the target of the ordinance.
4. Concern about lack of electric vehicle (EV) charging capacity; no charging stations in Cloverdale
Response: Most EV charging takes place in the home. Electricity infrastructure in Cloverdale is ubiquitous and largely invisible. There are a total of 3,504 households in Cloverdale. 1 It could be
said that there are 3,504 potential charging stations. Some of these households are multi-family apartments and condos, making the per-unit cost of charging equipment more affordable because of cost savings with bulk installations. This issue is being addressed at the state level.
It is correct that there is insufficient EV charging infrastructure at the current time for the future increase in the numbers of EVs on the road. But increases in both EV adoption and the expansion of EV charging infrastructure take place over time. There are currently at least three publicly accessible charging stations in Cloverdale, according to the EV charging location app
PlugShare.
2 They are noted in the map on the right in green pins. 2 https://www.plugshare.com/
1 https://www.point2homes.com/US/Neighborhood/CA/Sonoma-County/Cloverdale-Demographics.html Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 2 281
Plugshare acknowledges that it doesn’t always have the most up-to-date information, so there may actually be more than three.
In addition to the Plugshare information, Cloverdale has helpful information about EVs at its website.
3 In addition to what is shared on that page about past and current programs, over $10 billion is allocated in the state budget over the next five years for EVs and charging infrastructure, and about $12 billion coming from the federal Inflation Reduction Act in 2023.
5. Gas stations provide other services and needs for the community Response: CONGAS agrees that in the present day, it is correct to count gas stations as essential services. They do provide additional resources given that in many cases car washes and convenience stores are integrated components of the service station. But there is nothing about the ordinance that would impact these existing operations. The only impact, if the city chooses to include it in its ordinance, and which CONGAS recommends, is a prohibition on the expansion of the fossil fueling infrastructure (gas pumps) at these existing stations. This is the policy most if not all of the previous six cities have adopted. All of the ordinances allow improvements, remodeling, and expansions of non-fueling amenities such as the convenience store, restrooms, etc.
6. A concern about a lack of electrical capacity to meet the additional load of an expanded EV fleet; statement that PG&E has stated that it is impossible to meet the demand; concerns about peak load episodes
Response: Cloverdale’s electrical load is served by Sonoma Clean Power (SCP), a Community Choice agency.
4 SCP, like all load serving entities (LSEs) in California, is required to procure “Resource Adequacy,” a procurement of power that is 15% greater than the previous year’s peak load, in order to ensure that an adequate amount of electricity generation has been procured on behalf of Cloverdale residents and businesses. This is why outages are so rare.
Increases in load due to EV expansion will take place over time, not abruptly, so planning for this transition is underway. Assembly Bill 2700 (McCarty) 5 is a new law signed by the Governor
on September 16. It requires LSEs to use all available data to project future EV charging requirements to ensure that their distribution systems are upgraded at the times and locations necessary to support the level of EV charging anticipated by various state goals, regulations, and regional plans.
5 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2700https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=2 02120220AB2700
4 https://sonomacleanpower.org/
3 https://www.cloverdale.net/331/Electric-Vehicles-Charging-Stations Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 3 282
Further, most EV charging does not take place at the time when demand is greatest on the grid, from 4pm to 9pm. Smart charging is available so that charging can take place automatically at optimal times. Plans are underway to aggregate a critical mass of EVs in order to provide power to the grid when needed. EVs are essentially batteries on wheels, so with the right technology and regulations, they can be used as a power resource, not a power drain. EV owners can be compensated for the power they agree in advance to send to the grid.
7. The need for diesel generators at substation required during the recent summer heat and peak demand episode
Response: The proposed ordinance would not impinge on PG&E or anyone else obtaining diesel for utility scale back-up generators or for any other purpose that diesel fuel might be needed. The ordinance would simply mean that the City of Cloverdale ceases to accept and process permit applications for new gasoline stations.
8. Not everyone can afford a Tesla
Response: This is true, not everyone can afford a Tesla. Nothing about the ordinance would force a gas car owner to purchase an EV. In fact, there would be no material change in anyone’s day to day life. The point of the ordinance is to update the city’s code from the last century to be in alignment with 21st century realities. Having gas stations as a permitted use in Cloverdale may not be as bad as some of the zany laws still on the books from a bygone era, 6 but in the
case of gas stations, there are many valid reasons why keeping the permission on the books is problematic. Tesla is not the only EV on the market. As of September 2022, there are 32 fully electric EVs available in the U.S.,
7 not counting plug-in hybrids, many with starting prices far below a Tesla sticker price, with more models coming available every year. There is also a robust secondary EV market emerging with EVs and their battery packs proving to have lasting utility and value.
9. Why can’t new gas stations have charging stations? Or why can’t current stations add a charging station? Use existing gas stations for charging? Can the agencies that are administering the state and federal funds for EV charging infrastructure make the funds available to gas station owners/operators?
Response: There is nothing to stop an existing gas station from installing EV chargers.
Cloverdale has an expedited permitting process for electric vehicle charging stations that anyone can use to get a permit for a charging station in less than a week. 8 It may make sense
for gas stations along freeways to install Level 3 fast chargers. CONGAS is not aware of any 8 https://www.cloverdale.net/DocumentCenter/View/4541/Cloverdale-EV-Charging-Checklist_02202019 7 https://evadoption.com/ev-models/bev-models-currently-available-in-the-us/ 6 https://www.legalzoom.com/articles/top-craziest-laws-still-on-the-books Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 4 283
exclusion of gas stations for eligibility for state EV charging infrastructure funding. The California Electric Vehicle Infrastructure Project,
9 the main program that disburses EV charging
infrastructure funding, offers incentives for the purchase and installation of EV charging infrastructure anywhere in California as long as the charging facility is publicly accessible.
10. Concerns about unintended consequences or impacts on residents Response: The first ordinance prohibiting the construction of new gas stations was enacted in March 2021 in Petaluma. Since that time, Rohnert Park, Sebastopol, Cotati, Santa Rosa, and Windsor have adopted similar prohibitions. To date, there have been no unintended consequences of these ordinances. The cities can be at ease knowing that they will not need to grapple with a new gas station permit application, and the residents can rest assured that no developer will be proposing a new gas station anywhere near where they live, work, or recreate.
11. Concern about Cloverdale having many sites within the business district that are undevelopable due to their former use as a gas station; why can’t gas stations be required to post a bond for decommissioning?
Sonoma County is riddled with leaking underground storage tanks and Cloverdale is no exception. It is pockmarked with undevelopable, abandoned, toxic sites, many of them former gas stations. Why allow more new gas stations to be built now when every gas station site will involve thousands of dollars of remediation at some point? Since the 1980s, gas station owners and operators must post a surety bond to ensure that their cleanup obligations are met, and to contribute to a cleanup fund for abandoned sites. The requirements are administered and enforced by the State Water Boards.
10 The sad reality is that none of these measures have
resulted in avoiding abandoned sites for which there is no responsible party, leaving taxpayers and city coffers holding the bag.
We recognize that we may have left out a point that was raised. If there is something we missed, please let us know and we will do our best to respond.
CONGAS looks forward to working collaboratively to achieve our shared objectives – an equity-centered, safe, clean-emission, climate smart future for Cloverdale.
Sincerely,
Woody Hastings and Jenny Blaker, Co-coordinators, CONGAS 10 https://www.waterboards.ca.gov/water_issues/programs/ustcf/docs/legislative_reports/financialresplongterm.html 9 https://calevip.org/
Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 5 284
1 Michael Maloney
From: Nancy MacFarlane <[email protected]>
Sent: Thursday, November 03, 2022 2:06 PM
To: Michael Maloney
Subject: Agenda Item G.1
I am writing to express my opinion on the proposal to permanently ban the construction of new gas stations, as well as expanding existing stations in Cloverdale.
We do not need another gas station as we already have 6 of them. Auto makers will be phasing out gasoline powered vehicles by 2035, so it doesn't make sense to add more gas stations. Cleaner alternatives such as EVs are becoming more widely available, so adding more charging stations would be more appropriate.
We need to join the other forward thinking cities by banning the permitting and construction of any new gas stations as well as the expansion of existing ones.
Thank you,
Nancy
285
1 Michael Maloney
From: susan snurse.net <[email protected]>
Sent: Sunday, November 06, 2022 2:26 PM
To: Michael Maloney
Subject: Regarding agenda item G1 council meeting November 9 Dear City Councilors,
Regarding agenda item G1:
As you consider a new proposal to ban the construction of new gas stations, alongside also banning expansion of existing gas stations, I would like to state opposition to this proposal.
I understand we have six gas stations in Cloverdale and this may be enough, but if market forces encourage business owners to build more, and they see increased customer demand, regulation of market forces seems over‐reach. There are already provisions in the General Plan to restrict the location of some businesses, including said gas stations. It seems especially onerous to ban expansion and upgrading of existing gas stations since this penalizes existing business owners, who have already made investment in their stations.
In regard to providing infrastructure for EV charging stations, once again let market forces determine growth. If there is a need, the city should allow for enterprising businesses to meet that need. It should not be the city’s role to provide infrastructure for any business whose success is determined by market forces. Clearly this does not apply to things like bus lanes, low‐income housing, recreational facilities etc.
In summary, I do not believe it is in the interests of our business community – business owners and customers alike – to force any business out through regulation. Let the market forces determine the outcome.
Regards,
Susan Nurse
31400 Pine Mountain Road,
Cloverdale CA 95425
286
1 Michael Maloney
From: Shirley Davis <[email protected]>
Sent: Monday, November 07, 2022 11:46 AM
To: City Council Members
Subject: Participation in Countywide Ban on Construction of New Gas Station Infrastructure I am requesting the City Council to direct the Planning Commission to draft an ordinance prohibiting construction of new gas stations and expansion of new pumps at our existing gas stations.
With California’s statewide goal to replace the sale of new combustion engine cars with electric vehicles by 2035, it makes sense to not have more gas stations in Cloverdale. We have plenty of gas stations for the population of Cloverdale -- 6 gas stations along a 2.2 mile main street through town.
Sonoma County communities Santa Rosa, Sebastopol, Cotati, and Rohnert Park have an ordinance banning gas stations.
Why are we holding out? Do you believe our town is a micro region that is not experiencing a climate crisis partially due to exhaust emissions?
Why not support the increased number of electric and hybrid cars by installing charge stations NOT gas stations. It’s a smart decision.
According to CONGAS’ October 14 statement, $10 billion is allocated in the state budget over the next five years for EVs and charging infrastructure, and about $12 billion coming from the federal Inflation Reduction Act in 2023.
Shirley Davis
Cloverdale Resident
287
1 Michael Maloney
From: Michael Maloney
Sent: Monday, November 07, 2022 5:03 PM
To: Michael Maloney
Subject: FW: proposal to ban new gas stations
Begin forwarded message:
From: virginia greenwald <[email protected]>
Date: November 7, 2022 at 4:04:07 PM PST
To: Gus Wolter <[email protected]>, Joe Palla <[email protected]>, Marta Cruz <[email protected]>, Melanie Bagby <[email protected]>, Todd Lands <[email protected]>
Subject: proposal to ban new gas stations
I understand this proposal to ban new gas stations in Cloverdale will be on the Council’s agenda (Item G. 1) this Wednesday. I urge you send this proposal to the Planning Commission for their attention. It makes sense to me that we at least consider the pros and cons of this proposal. Our town and visitors have lived very well with the six stations we have. I haven’t noticed lines when I’ve filled up. As we look to the future, there will no doubt be less demand for fossil fuel, so I feel sure that the existing stations would support limiting competition to the stations already here. As I understand the proposal it doesn’t limit adding EV charger stations or expanding food sales. Thank you for your consideration. Virginia Greenwald
288
1 Michael Maloney
From: Michael Maloney
Sent: Monday, November 07, 2022 5:04 PM
To: Michael Maloney
Subject: FW: Gas station ordinance
Correspondence
Marta Cruz, Councilmember
City of Cloverdale
124 N Cloverdale Blvd
Cloverdale, CA 95425
707‐894‐2521
[email protected]
Begin forwarded message:
From: Brooke Greene <[email protected]>
Date: November 7, 2022 at 12:36:15 PM PST
To: Marta Cruz <[email protected]>
Subject: Gas station ordinance
Dear Councilmember Cruz,
I am writing in regards to agenda item G.1 on this week's city council agenda considering an ordinance to prohibit the permitting and construction of new gas stations and adding new pumps at our six current stations. I am in favor of asking the Planning Commission to draft such an ordinance.
As a 38‐year Cloverdale residents, my husband and I have observed the extensive clean‐up required at abandoned gas station sites. When Cloverdale adopted a climate emergency declaration in 2019, we were really impressed by the Council's commitment to taking climate considerations into account in all future decisions.
We both urge you to join Petaluma, Sebastopol, Rohnert Park, Cotati, Santa Rosa and Windsor in passing ordinances banning the permitting and construction of new gas stations.
Thank you.
Brooke Greene
202 Triplett Dr.
289
1 Michael Maloney
From: me <[email protected]>
Sent: Saturday, November 05, 2022 4:16 PM
To: Michael Maloney
Gas stations
Sent from Mail for Windows
We have enough gas stations and we need to move toward greener solutions in all areas. No new gas stations in Cloverdale, please.
Kirsten Sullivan
Cloverdale
290
Cloverdale City Council
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Via email
To: Cloverdale City City Council
From: The Coalition Opposing New Gas Stations (CONGAS)
Date: November 8, 2022
Re: G.1 Discussion on Potential Participation in Countywide Ban on Construction of New Gas Station Infrastructure
Dear Mayor Lands, Vice Mayor Wolter, and Councilmembers:
We are pleased to see this draft ordinance on your agenda again for consideration. On behalf of CONGAS and its hundreds of supporters in Sonoma County, we are writing to encourage you to refer this matter to your Planning Commission to review the draft ordinance in detail to ensure that the draft that comes back to the Council at a future date is one that is appropriate for Cloverdale.
We are also pleased to see that one of the key issues raised at the September 28th meeting appears to have been resolved in the revised draft text in Appendix 4, provision H., which allows the restarting of a closed gas station for up to 24 months:
“H. Discontinuation of a Gas Station Uses or Structures. A gas station use shall not be re-established if such use has been discontinued for a continuous period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Community Development Director may extend the 12-month timeframe for an additional 12 months when presented with documentation demonstrating construction has been pursued diligently and timely.” We also agree with the provision to allow improvements on the properties not related to fossil fueling infrastructure.
Regarding staff’s comments in the Budget/Financial Impact section:
This section states that “the City would forgo new tax revenues that could have resulted from potential new gas stations and/or gas station expansions.” This may be true to a small degree, but two points bear noting. One is that gasoline sales taxes are collected by the state and distributed to local governments statewide based on several criteria, so there is no significant Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 1 291
increase to Cloverdale’s general fund or for any individual city each time a new gas station is opened anywhere in the state. Secondly, the risk of costs to the city associated with permitting a new toxic site, that may be abandoned by the responsible party in the future and require remediation, should be taken into account. As noted by councilmembers in the September 28 meeting, the city is “pockmarked” with partially remediated brownfields that cannot be used for most commercial purposes due to the previous contamination. That is a cost to the city.
This section also states that the city may need to incur costs if further CEQA review is required for this ordinance. However, all six cities that have previously adopted a permanent prohibition found that these ordinances are exempt from further CEQA review and to date there has been no challenge to this finding.
Lastly, this section includes this statement: “Consideration is needed for potential VMT impacts, impacts to disadvantaged communities...” As this ordinance does not change the current situation, and given that there are six operating gas stations in Cloverdale and that Cloverdale residents are already adjusted to the current number and location of gas stations, there is no reason to anticipate an increase in vehicle miles traveled. Similarly there is no evidence that prohibiting new gas stations increases gasoline prices. We are confident that any other outstanding issues within their purview can be resolved in the Planning Commission process or when the ordinance comes back to the Council.
We look forward to working collaboratively to achieve our shared objectives – an equity-centered, safe, clean-emission, climate smart future for Cloverdale.
Sincerely,
Woody Hastings and Jenny Blaker, Co-coordinators, CONGAS cc:
David Kelley, City Manager
Kevin Thompson, Asst. City Manager
Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 2 292
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
G.2
November 9, 2022
Agenda Section:
New Business
Staff Contact:
Jose M. Sanchez, City Attorney
Agenda Item Title:
Establishing an Updated Salary Schedule for the Position of City Manager and Police Chief, Authorizing the Execution of any Needed Amendments to the At-Will Employment Agreements with David Kelley for the Position of City Manager and Jason Ferguson for the Position of Police Chief Implementing the New Salary Schedules, and Adopting an Updated City of Cloverdale Salary Schedule for All City Employees Dated November 10, 2022
_______________________________________________________________________________________ Recommended Council Action:
Adopt a Resolution titled, “Resolution of the City Council of the City of Cloverdale Establishing an Updated Salary Schedule for the Position of City Manager and Police Chief, Authorizing the Execution of any Needed Amendments to the At-Will Employment Agreements with David Kelley for the Position of City Manager and Jason Ferguson for the Position of Police Chief Implementing the New Salary Schedules, and Adopting an Updated City of Cloverdale Salary Schedule for All City Employees Dated November 10, 2022.” ________________________________________________________________________________________ Background:
To further the goal of moving the City towards more competitive salaries, and focusing in on key positions, the City Council requested salary information for the position of City Manager and Police Chief. The City Council desired to look at the positions of City Manager and Police Chief, given the responsibilities of these two positions and the critical roles they play in the City. Currently, both the City Manager and the Police Chief are at Step 5 of their respective salary schedules. The salary for City Manager and Police Chief are currently both well below regional comparisons. These comparisons do not capture the additional duties these positions have given Cloverdale’s staffing and budget.
On March 13, 2018, the City Council approved an At-Will Employment Agreement (“City Manager Employment Agreement”) with David Kelley and appointed Mr. Kelley as City Manager. The Council has amended the City Manager Employment Agreement several times, with the latest amendment (Fourth Amendment) extending the term of employment to June 30, 2026, and placing Mr. Kelley at Step 5 of the current Salary Schedule for the position of City Manager.
Since becoming City Manager, Mr. Kelley has helped the City through multiple states of emergencies, such as the Kincade Fire in 2019, LNU Lightning Complex (Walbridge) Fire in August 2020, and the most recent declared drought. Mr. Kelley has also been instrumental in helping the City move forward and readjust how to continue to provide services to Cloverdale residents and continue to operate during the COVID pandemic.
Mr. Kelley has been asked to wear multiple hats throughout his tenure as City Manager.
On July 24, 2019, the City Council approved an At-Will Employment Agreement (“Police Chief Employment Agreement”) with Jason Ferguson as Cloverdale Police Chief. Mr. Ferguson was appointed Police Chief by the City Manager pursuant to Section 2.08.090(3)(a) of the Cloverdale Municipal Code. 293
City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. G.2
Mr. Ferguson has also played a key role in assisting the City move forward through the fire emergencies and the COVID pandemic. As Police Chief, Mr. Ferguson has also served a critical role in continuing to move the City forward through a period of time of national civil unrest. ________________________________________________________________________________________ Summary:
The attached Resolution would update the salary schedules for both the City Manager and Police Chief positions by a 5% increase. The new salary schedules are as follows:
City Manager
Step Hourly Biweekly Monthly Annually
1 $74.5659 $5,965.27 $12,924.76 $155,097.14
2 78.2942 $6,263.54 $13,571.00 $162,852.00
3 $82.2089 $6,576.72 $14,249.55 $170,994.60
4 $86.3194 $6,905.55 $14,962.03 $179,544.33
5 $90.6354 $7,250.83 $15,710.13 $188,521.55
Police Chief
Step Hourly Biweekly Monthly Annually
1 $69.6898 $5,575.19 $12,079.57 $144,954.84
2 $73.1743 $5,853.95 $12,683.55 $152,202.58
3 $76.8330 $6,146.64 $13,317.73 $159,812.71
4 $80.6747 $6,453.97 $13,983.61 $167,803.34
5 $84.7084 $6,776.67 $14,682.79 $176,193.51
Both the City Manager and Police Chief will continue to be at Step 5 of their respective salary schedules, at the updated amounts pursuant to the attached Resolution.
The attached Resolution would also authorize the preparation and execution of any needed amendments for both the City Manager and Police Chief.
Lastly, the attached Resolution will approve the updated Cloverdale Salary Schedule, dated November 10, 2022, updating the salary schedules for both the City Manager and Police Chief. 294
City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. G.2
________________________________________________________________________________________ Options:
Adopt Resolution of the City Council of the City of Cloverdale Establishing an Updated Salary Schedule for the Position of City Manager and Police Chief, Authorizing the Execution of any Needed Amendments to the AtWill Employment Agreements with David Kelley for the Position of City Manager and Jason Ferguson for the Position of Police Chief Implementing the New Salary Schedules, and Adopting an Updated City of Cloverdale Salary Schedule for All City Employees Dated November 10, 2022; or Reject the Resolution and provide the City Attorney with further direction. ________________________________________________________________________________________ Subcommittee Recommendation:
None.
________________________________________________________________________________________ Budget/Financial Impact:
The City Manager’s current annual salary for Step 5 is going from $179,544.53 to $188,521.55. The Police Chief’s current annual salary for Step 5 is going from $167,803.34 to $176,193.51. ________________________________________________________________________________________ Attachments:
1. A Resolution of the City Council of the City of Cloverdale Establishing an Updated Salary Schedule for the Position of City Manager and Police Chief, Authorizing the Execution of any Needed Amendments to the At-Will Employment Agreements with David Kelley for the Position of City Manager and Jason Ferguson for the Position of Police Chief Implementing the New Salary Schedules, and Adopting an Updated City of Cloverdale Salary Schedule for All City Employees Dated November 10, 2022
2. City of Cloverdale Salary Schedule, dated November 10, 2022 295
1 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ___-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ESTABLISHING AN UPDATED SALARY
SCHEDULE FOR THE POSITION OF CITY MANAGER AND POLICE CHIEF, AUTHORIZING THE EXECUTION OF
ANY NEEDED AMENDMENTS TO THE AT-WILL EMPLOYMENT AGREEMENTS WITH DAVID KELLEY FOR THE
POSITION OF CITY MANAGER AND JASON FERGUSON FOR THE POSITION OF POLICE CHIEF IMPLEMENTING
THE NEW SALARY SCHEDULES, AND ADOPTING AN UPDATED CITY OF CLOVERDALE SALARY SCHEDULE FOR ALL CITY EMPLOYEES DATED NOVEMBER 10, 2022
WHEREAS, on March 13, 2018, the City Council approved an At-Will Employment Agreement (“City Manager Employment Agreement”) with David Kelley and appointed Mr. Kelley as City Manager; and WHEREAS, the Council has amended the City Manager Employment Agreement several times, with the latest amendment (Fourth Amendment) extending the term of employment to June 30, 2026, and placing Mr. Kelley at Step 5 of the current Salary Schedule for the position of City Manager; and WHEREAS, on July 24, 2019, the City Council approved an At-Will Employment Agreement (“Police Chief Employment Agreement”) with Jason Ferguson as Cloverdale Police Chief; and WHEREAS, Mr. Ferguson was appointed Police Chief by the City Manager pursuant to Section
2.08.090(3)(a) of the Cloverdale Municipal Code. Mr. Ferguson is currently at Step 5 of the current Salary Schedule for the position of Police Chief; and
WHEREAS, to further the goal of moving the City towards more competitive salaries, and focusing in on key positions, the City Council requested salary information for the position of City Manager and Police Chief; and
WHEREAS, the City Council desired to look at the positions of City Manager and Police Chief, given the responsibilities of these two (2) positions and the critical roles they play in the City. Currently, both the City Manager and the Police Chief are at Step 5 of their respective salary schedules; and WHEREAS, the salary for City Manager is currently well below regional comparisons, and the Police Chief is currently well below those comparisons. These comparisons do not capture the additional duties these positions have given Cloverdale’s staffing and budget; and WHEREAS, since becoming City Manager, Mr. Kelley has helped the City through multiple states of emergencies, such as the Kincade Fire in 2019, LNU Lightning Complex (Walbrdige) Fire in August 2020, and the most recent declared drought. Mr. Kelley has also been instrumental in helping the City move forward and readjust how to continue to provide services to Cloverdale residents and continue to operate during the COVID pandemic. Mr. Kelley has been asked to wear multiple hats throughout his tenure as City Manager; and
WHEREAS, Mr. Ferguson has also played a key role in assisting the City move forward through the fire emergencies and the COVID pandemic. As Police Chief, Mr. Ferguson has also served a critical role in continuing to move the City forward through a period of time of national civil unrest; and 296
2 WHEREAS, this Resolution establishes updated five (5) step salary schedules for the positions of City Manager and Police Chief and approves any required amendments to the City Manager Employment Agreement and Police Chief Employment Agreement implementing the new salary schedules.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby establish the following updated compensation range for the position of City Manager, effective November 10, 2022, which increases the current compensation schedule by five percent (5%).
November 10, 2022:
Position
City Manager
Step Hourly Biweekly Monthly Annually
1 $74.5659 $5,965.27 $12,924.76 $155,097.14
2 78.2942 $6,263.54 $13,571.00 $162,852.00
3 $82.2089 $6,576.72 $14,249.55 $170,994.60
4 $86.3194 $6,905.55 $14,962.03 $179,544.33
5 $90.6354 $7,250.83 $15,710.13 $188,521.55
BE IT FURTHER RESOLVED that the City Council does hereby establish the following updated compensation range for the position of Police Chief, effective November 10, 2022, which increases the current compensation schedule by five percent (5%).
November 10, 2022:
Position
Police Chief
Step Hourly Biweekly Monthly Annually
1 $69.6898 $5,575.19 $12,079.57 $144,954.84
2 $73.1743 $5,853.95 $12,683.55 $152,202.58
3 $76.8330 $6,146.64 $13,317.73 $159,812.71
4 $80.6747 $6,453.97 $13,983.61 $167,803.34
5 $84.7084 $6,776.67 $14,682.79 $176,193.51
297
3 BE IT FURTHER RESOLVED that both the City Manager and Police Chief will continue to be at Step 5 of their respective salary schedules, at the updated amounts pursuant to this Resolution.
BE IT FURTHER RESOLVED that the City Attorney is authorized to prepare any amendments needed to the City Manager Employment Agreement and the Police Chief Employment Agreement to implement this Resolution.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any amendment to the City Manager Employment Agreement needed to implement this Resolution. The City Manager is authorized to execute any amendment to the Police Chief Employment Agreement needed to implement this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby adopts the updated City of Cloverdale Salary Schedule, dated November 10, 2022, attached hereto as Exhibit A.
The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 9th day of November 2021 by the following roll call vote:
Ayes: (_)
Noes: (_)
Absent:(_)
Abstaining: (_)
APPROVED: ATTEST:
______________________________ ______________________________ Todd Lands, Mayor Michael Maloney, City Clerk
Attachment:
Exhibit A - Salary Schedule
298
Updated City Manager Salary
Updated Chief of Police Salary
CITY OF CLOVERDALE CURRENT SALARY SCHEDULE
AS OF NOVEMBER 10, 2022
299
Position Step Hourly Biweekly Monthly Annually
City Manager 1 $74.5659 $5,965.27 $12,924.76 $155,097.14 2 $78.2942 $6,263.54 $13,571.00 $162,852.00
3 $82.2089 $6,576.72 $14,249.55 $170,994.60
4 $86.3194 $6,905.55 $14,962.03 $179,544.33
5 $90.6354 $7,250.83 $15,710.13 $188,521.55
Position Step Hourly Biweekly Monthly Annually
Assistant City Manager/Community
Development Director 1 $63.9157 $5,113.25 $11,078.72 $132,944.61 2 $67.1115 $5,368.92 $11,632.65 $139,591.84
3 $70.4670 $5,637.36 $12,214.29 $146,571.43
4 $73.9904 $5,919.23 $12,825.00 $153,900.00
5 $77.6899 $6,215.19 $13,466.25 $161,595.00
Position Step Hourly Biweekly Monthly Annually
Chief of Police 1 $69.6898 $5,575.19 $12,079.57 $144,954.84 2 $73.1743 $5,853.95 $12,683.55 $152,202.58
3 $76.8330 $6,146.64 $13,317.73 $159,812.71
4 $80.6747 $6,453.97 $13,983.61 $167,803.34
5 $84.7084 $6,776.67 $14,682.79 $176,193.51
Position Step Hourly Biweekly Monthly Annually
City Clerk 1 $47.4026 $3,792.21 $8,216.45 $98,597.42
2 $49.7727 $3,981.82 $8,627.27 $103,527.29
3 $52.2614 $4,180.91 $9,058.64 $108,703.65
4 $54.8744 $4,389.96 $9,511.57 $114,138.83
5 $57.6182 $4,609.45 $9,987.15 $119,845.77
Position Step Hourly Biweekly Monthly Annually
Public Works Director 1 $60.7211 $4,857.69 $10,525.00 $126,299.96 2 $63.7572 $5,100.58 $11,051.25 $132,614.96
3 $66.9451 $5,355.60 $11,603.81 $139,245.71
4 $70.2923 $5,623.38 $12,184.00 $146,208.00
5 $73.8069 $5,904.55 $12,793.20 $153,518.40
Position Step Hourly Biweekly Monthly Annually
Finance Director 1 $57.1507 $4,572.06 $9,906.12 $118,873.44 2 $60.0082 $4,800.66 $10,401.43 $124,817.11
3 $63.0086 $5,040.69 $10,921.50 $131,057.97
4 $66.1591 $5,292.73 $11,467.57 $137,610.87
5 $69.4670 $5,557.36 $12,040.95 $144,491.41
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Management, At-Will Employees
300
Position Step Hourly Biweekly Monthly Annually
Officer 1 $37.1200 $2,969.60 $6,434.14 $77,209.65
2 $38.9760 $3,118.08 $6,755.84 $81,070.13
3 $40.9248 $3,273.99 $7,093.64 $85,123.64
4 $42.9711 $3,437.69 $7,448.32 $89,379.82
5 $45.1196 $3,609.57 $7,820.73 $93,848.81
Position Step Hourly Biweekly Monthly Annually
Sergeant 1 $44.9214 $3,593.71 $7,786.37 $93,436.43
2 $47.1674 $3,773.39 $8,175.69 $98,108.26
3 $49.5258 $3,962.06 $8,584.47 $103,013.67
4 $52.0021 $4,160.17 $9,013.70 $108,164.35
5 $54.6022 $4,368.18 $9,464.38 $113,572.57
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Cloverdale Police Officers Association (POA)
301
Position Step Hourly Biweekly Monthly Annually
Accountant/Analyst 1 $34.9832 $2,798.66 $6,063.76 $72,765.13 2 $36.7324 $2,938.59 $6,366.95 $76,403.38
3 $38.5690 $3,085.52 $6,685.30 $80,223.55
4 $40.4975 $3,239.80 $7,019.56 $84,234.73
5 $42.5223 $3,401.79 $7,370.54 $88,446.47
Position Step Hourly Biweekly Monthly Annually
Accounting Assistant I
Position Step Hourly Biweekly Monthly Annually
Accounting Assistant II 1 $26.0617 $2,084.94 $4,517.36 $54,208.35 2 $27.3648 $2,189.18 $4,743.23 $56,918.77
3 $28.7330 $2,298.64 $4,980.39 $59,764.71
4 $30.1697 $2,413.57 $5,229.41 $62,752.94
5 $31.6782 $2,534.25 $5,490.88 $65,890.59
Position Step Hourly Biweekly Monthly Annually
Accounting Technician 1 $28.6680 $2,293.44 $4,969.11 $59,629.37 2 $30.1014 $2,408.11 $5,217.57 $62,610.84
3 $31.6064 $2,528.51 $5,478.45 $65,741.38
4 $33.1868 $2,654.94 $5,752.37 $69,028.45
5 $34.8461 $2,787.69 $6,039.99 $72,479.88
Position Step Hourly Biweekly Monthly Annually
Assistant Planner 1 $31.7420 $2,539.36 $5,501.95 $66,023.37 2 $33.3291 $2,666.33 $5,777.04 $69,324.54
3 $34.9956 $2,799.64 $6,065.90 $72,790.77
4 $36.7453 $2,939.63 $6,369.19 $76,430.30
5 $38.5826 $3,086.61 $6,687.65 $80,251.82
Position Step Hourly Biweekly Monthly Annually
Associate Planner 1 $44.0085 $3,520.68 $7,628.13 $91,537.61 2 $46.2089 $3,696.71 $8,009.54 $96,114.49
3 $48.5193 $3,881.55 $8,410.02 $100,920.22
4 $50.9453 $4,075.62 $8,830.52 $105,966.23
5 $53.4926 $4,279.41 $9,272.05 $111,264.54
Position Step Hourly Biweekly Monthly Annually
Code Enforcement Officer 1 $32.8581 $2,628.65 $5,695.40 $68,344.79 2 $34.5010 $2,760.08 $5,980.17 $71,762.03
3 $36.2260 $2,898.08 $6,279.18 $75,350.14
4 $38.0373 $3,042.99 $6,593.14 $79,117.64
5 $39.9392 $3,195.14 $6,922.79 $83,073.52
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Cloverdale Classified Service Employees Association
Range Not Currently Established
302
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Community Services Officer 1 $28.0356 $2,242.85 $4,859.51 $58,314.06 2 $29.4374 $2,354.99 $5,102.48 $61,229.76
3 $30.9093 $2,472.74 $5,357.60 $64,291.25
4 $32.4547 $2,596.38 $5,625.48 $67,505.81
5 $34.0775 $2,726.20 $5,906.76 $70,881.10
Position Step Hourly Biweekly Monthly Annually
Engineering Technician 1 $30.4931 $2,439.45 $5,285.47 $63,425.63 2 $32.0177 $2,561.42 $5,549.74 $66,596.91
3 $33.6186 $2,689.49 $5,827.23 $69,926.75
4 $35.2996 $2,823.97 $6,118.59 $73,423.09
5 $37.0645 $2,965.16 $6,424.52 $77,094.25
Position Step Hourly Biweekly Monthly Annually
Office Specialist 1 $19.9948 $1,599.58 $3,465.77 $41,589.20 2 $20.9945 $1,679.56 $3,639.05 $43,668.66
3 $22.0443 $1,763.54 $3,821.01 $45,852.09
4 $23.1465 $1,851.72 $4,012.06 $48,144.70
5 $24.3038 $1,944.31 $4,212.66 $50,551.93
Position Step Hourly Biweekly Monthly Annually
Park & Landscape Maintenance Assistant 1 $31.6579 $2,532.63 $5,487.37 $65,848.48 2 $33.2408 $2,659.27 $5,761.74 $69,140.91
3 $34.9029 $2,792.23 $6,049.83 $72,597.95
4 $36.6480 $2,931.84 $6,352.32 $76,227.85
5 $38.4804 $3,078.43 $6,669.94 $80,039.24
Position Step Hourly Biweekly Monthly Annually
Parks & Maintenance Lead Worker 1 $36.5046 $2,920.37 $6,327.47 $75,929.62 2 $38.3299 $3,066.39 $6,643.84 $79,726.10
3 $40.2463 $3,219.71 $6,976.03 $83,712.40
4 $42.2587 $3,380.69 $7,324.84 $87,898.02
5 $44.3716 $3,549.73 $7,691.08 $92,292.92
Position Step Hourly Biweekly Monthly Annually
Planning Technician 1 $30.4930 $2,439.44 $5,285.45 $63,425.38 2 $32.0176 $2,561.41 $5,549.72 $66,596.64
3 $33.6185 $2,689.48 $5,827.21 $69,926.48
4 $35.2994 $2,823.95 $6,118.57 $73,422.80
5 $37.0644 $2,965.15 $6,424.50 $77,093.94
303
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Senior Engineering Technician 1 $35.0670 $2,805.36 $6,078.28 $72,939.38 2 $36.8204 $2,945.63 $6,382.20 $76,586.35
3 $38.6614 $3,092.91 $6,701.31 $80,415.67
4 $40.5944 $3,247.56 $7,036.37 $84,436.45
5 $42.6242 $3,409.93 $7,388.19 $88,658.28
Position Step Hourly Biweekly Monthly Annually
Senior Wastewater Treatment Plant Operator 1 $42.5191 $3,401.53 $7,369.97 $88,439.65 2 $44.6450 $3,571.60 $7,738.47 $92,861.63
3 $46.8773 $3,750.18 $8,125.39 $97,504.72
4 $49.2211 $3,937.69 $8,531.66 $102,379.95
5 $51.6822 $4,134.57 $8,958.25 $107,498.95
Position Step Hourly Biweekly Monthly Annually
Senior Water Treatment Plant Operator 1 $44.9536 $3,596.29 $7,791.96 $93,503.47 2 $47.2013 $3,776.10 $8,181.55 $98,178.64
3 $49.5613 $3,964.91 $8,590.63 $103,087.57
4 $52.0394 $4,163.15 $9,020.16 $108,241.95
5 $54.6414 $4,371.31 $9,471.17 $113,654.05
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Crew Leader 1 $34.7662 $2,781.30 $6,026.15 $72,313.79 2 $36.5046 $2,920.36 $6,327.46 $75,929.48
3 $38.3298 $3,066.38 $6,643.83 $79,725.96
4 $40.2463 $3,219.70 $6,976.02 $83,712.26
5 $42.2586 $3,380.69 $7,324.82 $87,897.87
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Worker I (Public Works) 1 $26.0534 $2,084.27 $4,515.92 $54,191.09 2 $27.3561 $2,188.49 $4,741.72 $56,900.64
3 $28.7239 $2,297.91 $4,978.81 $59,745.67
4 $30.1601 $2,412.81 $5,227.75 $62,732.96
5 $31.6681 $2,533.45 $5,489.13 $65,869.61
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Worker II (Public Works) 1 $31.6579 $2,532.63 $5,487.37 $65,848.48 2 $33.2408 $2,659.27 $5,761.74 $69,140.91
3 $34.9029 $2,792.23 $6,049.83 $72,597.95
4 $36.6480 $2,931.84 $6,352.32 $76,227.85
5 $38.4804 $3,078.43 $6,669.94 $80,039.24
304
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator-In-Training
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator I 1 $30.5887 $2,447.10 $5,302.05 $63,624.58 2 $32.1182 $2,569.45 $5,567.15 $66,805.81
3 $33.7241 $2,697.93 $5,845.51 $70,146.10
4 $35.4103 $2,832.82 $6,137.78 $73,653.41
5 $37.1808 $2,974.46 $6,444.67 $77,336.08
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator II
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator-In-Training 1 $30.0523 $2,404.18 $5,209.06 $62,508.73 2 $31.5549 $2,524.39 $5,469.51 $65,634.16
3 $33.1326 $2,650.61 $5,742.99 $68,915.87
4 $34.7893 $2,783.14 $6,030.14 $72,361.66
5 $36.5287 $2,922.30 $6,331.65 $75,979.75
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator I
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator II 1 $40.1086 $3,208.69 $6,952.17 $83,425.99 2 $42.1141 $3,369.13 $7,299.77 $87,597.29
3 $44.2198 $3,537.58 $7,664.76 $91,977.15
4 $46.4308 $3,714.46 $8,048.00 $96,576.01
5 $48.7523 $3,900.18 $8,450.40 $101,404.81
Range Not Currently Established
Range Not Currently Established
Range Not Currently Established
305
Position Step Hourly Biweekly Monthly Annually
Dispatcher 1 $29.0239 $2,321.91 $5,030.80 $60,369.62
2 $30.4751 $2,438.00 $5,282.34 $63,388.11
3 $31.9988 $2,559.90 $5,546.46 $66,557.51
4 $33.5987 $2,687.90 $5,823.78 $69,885.39
5 $35.2787 $2,822.29 $6,114.97 $73,379.66
Position Step Hourly Biweekly Monthly Annually
Dispatch Supervisor 1 $33.3380 $2,667.04 $5,778.59 $69,343.09 2 $35.0049 $2,800.39 $6,067.52 $72,810.25
3 $36.7552 $2,940.41 $6,370.90 $76,450.76
4 $38.5929 $3,087.43 $6,689.44 $80,273.30
5 $40.5226 $3,241.81 $7,023.91 $84,286.96
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Cloverdale Dispatchers' Association
306
Position Step Hourly Biweekly Monthly Annually
Finance & HR Analyst 1 $42.5213 $3,401.71 $7,370.37 $88,444.39 2 $44.6474 $3,571.79 $7,738.88 $92,866.61
3 $46.8798 $3,750.38 $8,125.83 $97,509.94
4 $49.2238 $3,937.90 $8,532.12 $102,385.43
5 $51.6850 $4,134.80 $8,958.73 $107,504.71
Position Step Hourly Biweekly Monthly Annually
Parks Superintendent 1 $42.2691 $3,381.53 $7,326.64 $87,919.66 2 $44.3825 $3,550.60 $7,692.97 $92,315.64
3 $46.6016 $3,728.13 $8,077.62 $96,931.43
4 $48.9317 $3,914.54 $8,481.50 $101,778.00
5 $51.3783 $4,110.27 $8,905.57 $106,866.90
Position Step Hourly Biweekly Monthly Annually
Police Lieutenant 1 $54.2895 $4,343.16 $9,410.18 $112,922.18 2 $57.0040 $4,560.32 $9,880.69 $118,568.29
3 $59.8542 $4,788.33 $10,374.72 $124,496.70
4 $62.8469 $5,027.75 $10,893.46 $130,721.53
5 $65.9892 $5,279.14 $11,438.13 $137,257.61
Position Step Hourly Biweekly Monthly Annually
Police Records Technician 1 $35.1141 $2,809.13 $6,086.44 $73,037.34 2 $36.8698 $2,949.58 $6,390.77 $76,689.21
3 $38.7133 $3,097.06 $6,710.31 $80,523.67
4 $40.6490 $3,251.92 $7,045.82 $84,549.85
5 $42.6814 $3,414.51 $7,398.11 $88,777.34
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Unaffiliated Employees
307
By Employment Contract
Longevity 5%
Acting Pay 10%
Cloverdale Police Officers' Association (POA)
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Canine Officer 5%
Education 1% - 6%
EMT $50/month
Field Training Officer 5%
Investigative Pay 5%
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Certificate $150/month
POST Intermediate Certificate $100/month
School Resource Officer* 5%
Shift Differential* 5%
Uniform Allowance $1500/year
Cloverdale Dispatchers' Association
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Communications Training Officer 5%
Education 1% - 6%
EMT $50/month
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Certificate* $250/month
POST Intermediate Certificate* $150/month
Shift Differential* 5%
Uniform Allowance $1025/year
Cloverdale Classified Service Employees Association
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Certification Pay See Attachment A
Class B Drivers License 2%
Education - Academic Degrees ** 2% - 6%
Education - Academic Degrees *** 2%
Longevity 2% - 8%
Out of Class Pay 5%
Uniform Allowance (Community Services Officer) $1375/year Amount/Percentage
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Pensionable Incentive Pays by Unit
Amount/Percentage
Amount/Percentage
Amount/Percentage
* New or Updated Incentive Pay
**Employees hired on or before June 30,2017
**Employees hired after June 30,2017
308
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF NOVEMBER 10, 2022 Pensionable Incentive Pays by Unit
Unaffiliated
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Education - Academic Degrees ** 2% - 6%
Education - Academic Degrees *** 2%
Education - Certificates $75 or $150/month
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Dispatch Certificate $150/month
POST Dispatch Supervisor Certificate $150/month
POST Intermediate Dispatch Certificate $100/month
POST Management Certificate $250/month
POST Records Supervisor Certificate $150/month
Uniform Allowance (Police Lieutenant) $1500/year
Uniform Allowance (Police Technical Services Manager) $1025/year Water Distributions License Grade II* $50/mth
Amount/Percentage
* New or Updated Incentive Pay
**Employees hired on or before June 30,2017
**Employees hired after June 30,2017
309
Exhibit A - Cloverdale Classified Employee Association
Monthly Pay Incentives for Certificate Series as of October 18, 2021 CERTIFICATIONS:
WATER OPERATIONS
Grade I Water Distribution Certificate MQ MQ MQ $25 $25 $25 $25 Grade II Water Distribution Certificate $50 MQ $50 MQr MQr $50 $50 $50 Grade I Water Treatment Plant Operator Certificate $25 MQ $25 $25 $25 Grade II Water Treatment Plant Operator Certificate $50 $50 $50 MQr $50 $50 $50 Grade III Water Treatment Plant Operator Certificate $75 MQ
WASTEWATER
Grade I Wastewater Treatment Plant Operator
Certification $25 $25 $25 $25 $25 MQ $25
Grade II Wastewater Treatment Plant Operator
Certification $50 $50 $50 $50 $50 $50 MQ MQ
Wastewater Collection Systems Maintenance1
PARKS, LANDSCAPE & MAINTENANCE
Qualified Applicators Certificate for pesticides MQ MQr Grade 1 Water Distribution Certificate MQ MQr
Grade 2 Water Distribution Certificate $50
Playground equipment safety inspection Certification MQ MQr Arborist License $100 $100 $100
BILINGUAL INCENTIVE
Bilingual Certificates $150/month
Advanced Bilingual Certificate $300/Month
Monthly Allowable Max. / Employee 2 $150 $200 $150 $125 $50 $150 $100 $100 $100 $150 $50 N/A MQ: Minimum Qualifications per current job description.
MQr: Recommended Minimum Qualification for position due to Federal, State or other local/city requirements for position duties and responsibilities. 1 Certificate Pay is Not Applicable at this time.
2 Maximum Certificate Pay is based on Highest Certificate within a Series and is not cumulative within a series.
Senior Water
Treatment Plant
Operator
POSITION:
Utility
Maintenance
Worker I
Utility
Maintenance
Worker II
Water Treatment
Plant Operator I
Water Treatment
Plant Operator II
SR
Engineering
Technician
All Classified
Employees per
MOU
Wastewater
Treatment
Plant
Operator I
Wastewater
Treatment
Plant
Operator II
Senior
Wastewater
Treatment Plant
Operator
Parks &
Landscape
Assistant
Parks &
Landscape Lead
Worker
Engineering
Technician
310
1 Michael Maloney
From: Melanie Bagby
Sent: Wednesday, November 09, 2022 4:30 PM
To: Michael Maloney
Subject: Council Report 10/27-11/9
10/29 Participated in Meds take back at CPD
10/31 Participated in Great Redwood Trail Agency special board meeting 11/1 Attended Daily Acts Rain Water Catchment webinar. More info here 11/2 Attended SMART board meeting
11/3 Attended Sonoma Clean Power board meeting; attended Dia de Los Cien in Santa Rosa 11/4 Attended State of the City breakfast hosted by the Chamber with guest speaker SMART GM Eddy Cummins (many thanks to Chamber and City staffs for a great event!); represented event sponsor SCP with staff at Mendocino County Winegrowers annual dinner
Melanie Bagby
Councilmember, City of Cloverdale
707‐893‐7170 • [email protected]
www.facebook.com/cccmbagby/
311